2022 New York Laws
PBH - Public Health
Article 5 - Laboratories
Title 1 - General Provisions: State Laboratories; Approved Laboratories
505 - Animal Irritancy Tests Prohibited.

§  505.  Animal  irritancy  tests  prohibited.  1.  No manufacturer or
contract  testing  facilities  shall  conduct  traditional  animal  test
methods  within  this  state  for  which an appropriate alternative test
method  has  been  scientifically  validated  and  recommended  by   the
Inter-Agency  Coordinating  Committee  for the Validation of Alternative
Methods (ICCVAM) and adopted by the regulation by the  relevant  federal
agency   or  agencies  or  program  within  an  agency  responsible  for
regulating the specific product or activity for which the test is  being
conducted.
  2.  Nothing  in  this  section  shall  prohibit  the  conduct  of  any
alternative nonanimal test  method  for  the  testing  of  any  product,
product  formulation, chemical, or ingredient that is not recommended by
ICCVAM.
  3. Nothing in this section shall prohibit the conduct of animal  tests
to  comply  with  the  requirements  of  state agencies. Nothing in this
section shall prohibit the conduct of animal tests to  comply  with  the
requirements  of  federal  agencies  whenever  the  federal agency staff
concludes that the alternative nonanimal test does not assure the health
or safety of consumers.
  4. Notwithstanding any other provision of law,  the  exclusive  remedy
for enforcing this section shall be a civil action for injunctive relief
brought  by  the  attorney  general.  If  the  court determines that the
attorney general is the prevailing party in the enforcement action, such
prevailing party may also recover costs,  attorneys  fees  and  a  civil
penalty not to exceed one thousand dollars in that action.
  5.  This  section shall not apply to any animal test conducted for the
purpose of medical research.
  6. For the purposes of this section, the following  terms  shall  have
the following meanings:
  (a) "Animal" means a vertebrate nonhuman animal.
  (b)  "Contract  testing  facility"  means any individual, partnership,
corporation,  association,  or  other  legal  relationship  that   tests
chemicals, ingredients, product formulations, or products in this state.
  (c)  "ICCVAM"  means  the  Inter-Agency Coordinating Committee for the
Validation of Alternative Methods,  a  federal  committee  comprised  of
representatives  from  fourteen federal regulatory or research agencies,
including the Food and  Drug  Administration,  Environmental  Protection
Agency,  and  Consumer  Products  Safety  Commission,  that  reviews the
validity of alternative test  methods.  The  committee  is  the  federal
mechanism  for  recommending appropriate, valid test methods to relevant
federal agencies.
  (d) "Manufacturer" means  any  individual,  partnership,  corporation,
association,  or  other  legal  relationship  that  produces  chemicals,
ingredients, product formulations, or products in this state.
  (e)  "Medical  research"  means  research  related  to   the   causes,
diagnosis,  treatment,  control  or  prevention  of  physical  or mental
diseases and impairments of  humans  and  animals,  or  related  to  the
development  of  biomedical  products,  devices  or  drugs as defined in
Section 321(g)(1) of  Title  21  of  the  United  States  Code.  Medical
research does not include the testing of an ingredient that was formerly
used  in a drug, tested for the drug use with traditional animal methods
to characterize the ingredient and to substantiate its safety for  human
use,  and  is  now proposed for use in a product other than a biomedical
product, medical device or drug.
  (f)  "Person"  means   any   individual,   partnership,   corporation,
association or other legal entity.
  (g)  "Traditional  animal  test  method"  means a process or procedure
using animals to obtain information on the characteristics of a chemical

or agent. Toxicological test methods generate information regarding  the
ability  of  a chemical or agent to product a specific biological effect
under specified conditions.
  (h)  "Validated alternative test method" means a test method that does
not use animals, or in some cases reduces or refines the current use  of
animals  for  which the reliability and relevance for a specific purpose
has been established in validation studies as specified  in  the  ICCVAM
report provided to the relevant federal agencies.