                                 CODE OF VIRGINIA

PROHIBITED CONDUCT (§ 59.1-572)

A. Except as provided in subsection B, no cosmetics manufacturer shall:

   1. Conduct or contract for cosmetic animal testing that occurs in the
   Commonwealth on or after January 1, 2022;

   2. Manufacture or import for profit into the Commonwealth any cosmetic or
   ingredient thereof, if the cosmetics manufacturer knew or reasonably should
   have known that the cosmetic or any component thereof was developed or
   manufactured using cosmetic animal testing that was conducted on or after
   January 1, 2022; or

   3. Beginning July 1, 2022, sell or offer for sale within the Commonwealth any
   cosmetic, if the cosmetics manufacturer knows or reasonably should know that
   the cosmetic or any component thereof was developed or manufactured using
   cosmetic animal testing that was conducted on or after January 1, 2022.

B. The prohibitions in subsection A shall not apply to cosmetic animal testing
or a cosmetic for which cosmetic animal testing was conducted, if the cosmetic
animal testing was conducted:

   1. To comply with a requirement of a federal or state regulatory agency and
   (i) the tested ingredient is in wide use and cannot be replaced by another
   ingredient capable of performing a similar function; (ii) a specific human
   health problem related to the cosmetic or ingredient is substantiated that
   justifies the need to conduct the cosmetic animal testing, and such testing is
   supported by a detailed research protocol proposed as the basis for the
   evaluation of the cosmetic or ingredient; and (iii) there does not exist a
   method of testing other than cosmetic animal testing that is accepted for the
   relevant purpose by the federal or state regulatory agency;

   2. To comply with a requirement of a regulatory agency of a foreign
   jurisdiction, so long as no evidence derived from such testing was relied upon
   to substantiate the safety of a cosmetic sold within Virginia by the cosmetics
   manufacturer;

   3. On any cosmetic or cosmetic ingredient subject to the requirements of
   Subchapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. &#xA7; 351
   et seq.); or

   4. Pursuant to a requirement of a federal, state, or foreign regulatory agency
   for a purpose unrelated to cosmetics, provided that either no evidence derived
   from such testing was relied upon to substantiate the safety of the cosmetic
   or there is (i) documented evidence of a noncosmetic intent of the test and
   (ii) a history of use of the ingredient outside of cosmetics for at least 12
   months prior to such reliance.

HISTORY: 2021, Sp. Sess. I, cc. 113, 114.