Laws of New York (Last Updated: November 21, 2014) |
PBH Public Health |
Article 5. LABORATORIES |
Title 1. GENERAL PROVISIONS: STATE LABORATORIES; APPROVED LABORATORIES |
Section 505. Animal irritancy tests prohibited
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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