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