Mojo Mathers, in Committee, to move the following amendments:
After clause 4(5) (page 6, after line 34), insert:
New clause 31B
After clause 31A (page 18, after line 32), insert:
31B New section 82A inserted (Prohibition on use of animals in research, testing, and teaching for making cosmetic)
After section 82, insert:
“82A Prohibition on use of animals in research, testing, and teaching for making cosmetic
“(1) Animals must not be used in any research, testing, or teaching that is for the purpose of developing, making, or testing a cosmetic.
“(2) A person commits an offence who contravenes subsection (1).”
New clause 35A
After clause 35 (page 20, after line 15), insert:
35A Section 119 amended (Penalties)
In section 119, after
“section 82(2) or” insert
“section 82A(1) or”.
After clause 55(1) (page 36, after line 9), insert:
This Supplementary Order Paper supersedes Supplementary Order Papers Nos 356 and 423. It amends the Animal Welfare Amendment Bill (the Bill) to include a prohibition on the use of animals in research, testing, or teaching relating to cosmetics. The Animal Welfare Act 1999 (the principal Act) imposes certain restrictions and controls on all research, testing, and teaching involving animals, but there is no prohibition relating to cosmetics. In some jurisdictions, including the 28 member states of the European Union, Israel, India, and recently the Brazilian state of Sao Paulo, legislative bans have been introduced on animal testing of cosmetic products and ingredients. In Israel and the European Union the ban has now been extended further, to the marketing, sale, and importation of cosmetics that have been tested on animals. Legislative measures are under discussion in Australia, the US, China, Brazil, South Korea, Canada, and beyond. In New Zealand it is claimed that no cosmetic testing on animals is currently taking place. However, there is nothing to prevent this from happening in the future. It is time that New Zealand also prohibited this practice.
This Supplementary Order Paper does 3 things. First, it amends clause 4 of the Bill to insert a new definition of cosmetic in section 2(1). There is a definition of cosmetic in the Medicines Act 1981 but it is not wide enough, and does not, for example, cover ingredients. The definition of cosmetic also allows for substances to be declared to be or not to be cosmetics for the purposes of the principal Act. A related amendment is also made to the regulation making power section 183 to empower such regulations. Secondly, this Supplementary Order Paper adds a new clause 31B, which inserts a new section 82A prohibiting any research, testing, or teaching relating to cosmetics, and makes non-compliance an offence. Thirdly this Supplementary Order Paper adds a new clause 35A amending section 119, which imposes penalties for offences under Part 6 of the Animal Welfare Act 1999, to include a reference to the new section 82A.