Testing of Cosmetics on Animals

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 1 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to the testing of cosmetics on 2
animals; providing a short title; amending s. 499.005, 3
F.S.; providing that it is unlawful for a person to 4
manufacture, repackage, sell, hold, or offer for sale 5
cosmetics that have been tested on animals as part of 6
the manufacturing process; creating s. 499.0095, F.S.; 7
prohibiting manufacturers from using animal testing as 8
part of the cosmetics manufacturing process; 9
prohibiting manufacturers from repackaging, selling, 10
holding, or offering for sale cosmetics that have been 11
tested on animals; providing exceptions; providing 12
that manufacturers, upon issuance of a cosmetic 13
manufacturer permit, consent to specified inspections 14
by the Department of Business and Professional 15
Regulation; providing a penalty for refusal to allow 16
such inspections; requiring holders of such permits to 17
submit to the department certain written documentation 18
by a specified date each year; providing for criminal 19
penalties; providing an administrative penalty; 20
providing for a cause of action by the department; 21
authorizing the department to adopt rules; amending 22
ss. 499.01, 499.003, and 499.0051, F.S.; conforming a 23
provision and cross-references to changes made by the 24
act; providing an effective date. 25

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 2 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

26
Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. This act may be cited as the "Sickles High 29
School Ought to be a Law Cosmetic Animal Testing Act of 2026." 30
Section 2. Present subsections (5) through (29) of section 31
499.005, Florida Statutes, are redesignated as subsections (6) 32
through (30), respectively, and a new subsection (5) is added to 33
that section, to read: 34
499.005 Prohibited acts.—It is unlawful for a person to 35
perform or cause the performance of any of the following acts in 36
this state: 37
(5) The manufacture, repackaging, sale, holding, or 38
offering for sale of cosmetics that have been tested on animals 39
as part of the manufacturing process. 40
Section 3. Section 499.0095, Florida Statutes, is created 41
to read: 42
499.0095 Cosmetics tested on animals prohibited.— 43
(1)(a) A manufacturer may not use animal testing as part 44
of the process to manufacture cosmetics. 45
(b) A manufacturer may not repackage, sell, hold, or offer 46
for sale cosmetics that have been tested on animals. 47
(2) This section does not apply to the manufacturing of 48
cosmetics, or the repackaging, selling, holding, or offering for 49
sale of cosmetics, if animal testing of such products is: 50

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 3 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(a) Required by federal law. 51
(b) Conducted to comply with the requirements of a foreign 52
regulatory authority or the laws of any foreign country. 53
(c) Conducted for purposes other than cosmetic purposes, 54
and the data collected from such testing is not used to evaluate 55
the safety or effectiveness of cosmetics sold in this state. 56
(3)(a) A manufacturer, upon issuance of a cosmetic 57
manufacturer permit pursuant to s. 499.01(2)(p), consents to the 58
department's authorized officer or employee entering and 59
inspecting the premises on an annual basis to determine 60
compliance with this section and department rules, as 61
applicable. A refusal to allow an authorized officer or employee 62
of the department to enter the premises or to conduct an 63
inspection is a violation of s. 499.005(7) and is grounds for 64
disciplinary action pursuant to s. 499.066. 65
(b) By January 31 of each year, each holder of a cosmetic 66
manufacturer permit issued pursuant to s. 499.01 shall submit to 67
the department written documentation to verify his or her 68
compliance with this section. 69
(4)(a) A person who violates this section or s. 499.005 70
commits a misdemeanor of the second degree, punishable as 71
provided in s. 775.082 or s. 775.083. 72
(b) In addition to the criminal penalties imposed in 73
paragraph (a), a person who violates this section is subject to 74
an administrative penalty of $5,000 for each violation. Each day 75

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 4 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

the violation continues constitutes a separate violation. 76
Penalties collected pursuant to this paragraph are payable to 77
the department to be deposited into the Professional Regulation 78
Trust Fund for the sole purpose of carrying out this section. 79
(c) In addition to other penalties, the department may 80
institute such suits or other legal proceedings as are required 81
to enforce this section pursuant to s. 499.066. 82
(5) The department may adopt rules to implement this 83
section. 84
Section 4. Paragraph (p) of subsection (2) of section 85
499.01, Florida Statutes, is amended to read: 86
499.01 Permits.— 87
(2) The following permits are established: 88
(p) Cosmetic manufacturer permit.—A cosmetic manufacturer 89
permit is required for any person that manufactures or 90
repackages cosmetics in this state. A person that only labels or 91
changes the labeling of a cosmetic but does not open the 92
container sealed by the manufacturer of the product is exempt 93
from obtaining a permit under this paragraph. A person who 94
manufactures cosmetics and has annual gross sales of $25,000 or 95
less is exempt from the permit requirements of this paragraph, 96
unless such person manufacturers cosmetics using animal testing 97
as part of the manufacturing process. Upon request, an exempt 98
cosmetic manufacturer must provide to the department written 99
documentation to verify his or her annual gross sales, including 100

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 5 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

all sales of cosmetic products at any location, regardless of 101
the types of products sold or the number of persons involved in 102
the operation. 103
1. An exempt cosmetic manufacturer may only: 104
a. Sell prepackaged cosmetics affixed with a label 105
containing information required by the United States Food and 106
Drug Administration. 107
b. Manufacture and sell cosmetics that are soaps, not 108
otherwise exempt from the definition of cosmetics, lotions, 109
moisturizers, and creams. 110
c. Sell cosmetics that are not adulterated or misbranded 111
in accordance with 21 U.S.C. ss. 361 and 362. 112
d. Sell cosmetic products that are stored on the premises 113
of the cosmetic manufacturing operation. 114
2. Each unit of cosmetics manufactured under this 115
paragraph must contain, in contrasting color and not less than 116
10-point type, the following statement: "Made by a manufacturer 117
exempt from Florida's cosmetic manufacturing permit 118
requirements." 119
3. The department may investigate any complaint which 120
alleges that an exempt cosmetic manufacturer has violated an 121
applicable provision of this chapter or a rule adopted under 122
this chapter. The department's authorized officer or employee 123
may enter and inspect the premises of an exempt cosmetic 124
manufacturer to determine compliance with this chapter and 125

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 6 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

department rules, as applicable. A refusal to permit an 126
authorized officer or employee of the department to enter the 127
premises or to conduct an inspection is a violation of s. 128
499.005(7) s. 499.005(6) and is grounds for disciplinary action 129
pursuant to s. 499.066. 130
4. This paragraph does not exempt any person from any 131
state or federal tax law, rule, regulation, or certificate or 132
from any county or municipal law or ordinance that applies to 133
cosmetic manufacturing. 134
(3) A nonresident prescription drug manufacturer permit is 135
not required for a manufacturer to distribute a prescription 136
drug active pharmaceutical ingredient that it manufactures to a 137
prescription drug manufacturer permitted in this state intended 138
for research and development and not for resale or human use 139
other than lawful clinical trials and biostudies authorized and 140
regulated by federal law. A manufacturer claiming to be exempt 141
from the permit requirements of this subsection and the 142
prescription drug manufacturer purchasing and receiving the 143
active pharmaceutical ingredient shall comply with the 144
recordkeeping requirements of s. 499.0121(6). The prescription 145
drug manufacturer purchasing and receiving the active 146
pharmaceutical ingredient shall maintain on file a record of the 147
FDA registration number; if available, the out-of-state license, 148
permit, or registration number; and, if available, a copy of the 149
most current FDA inspection report, for all manufacturers from 150

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 7 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

whom they purchase active pharmaceutical ingredients under this 151
section. The failure to comply with the requirements of this 152
subsection, or rules adopted by the department to administer 153
this subsection, for the purchase of prescription drug active 154
pharmaceutical ingredients is a violation of s. 499.005(15) s. 155
499.005(14), and a knowing failure is a violation of s. 156
499.0051(3). 157
(a) The immediate package or container of a prescription 158
drug active pharmaceutical ingredient distributed into the state 159
that is intended for research and development under this 160
subsection shall bear a label prominently displaying the 161
statement: "Caution: Research and Development Only—Not for 162
Manufacturing, Compounding, or Resale." 163
(b) A prescription drug manufacturer that obtains a 164
prescription drug active pharmaceutical ingredient under this 165
subsection for use in clinical trials and or biostudies 166
authorized and regulated by federal law must create and maintain 167
records detailing the specific clinical trials or biostudies for 168
which the prescription drug active pharmaceutical ingredient was 169
obtained. 170
(4) 171
(g) The department may adopt rules to administer this 172
subsection which are necessary for the protection of the public 173
health, safety, and welfare. Failure to comply with the 174
requirements of this subsection, or rules adopted by the 175

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 8 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

department to administer this subsection, is a violation of s. 176
499.005(15) s. 499.005(14), and a knowing failure is a violation 177
of s. 499.0051(3). 178
Section 5. Paragraphs (a) and (b) of subsection (48) of 179
section 499.003, Florida Statutes, are amended to read: 180
499.003 Definitions of terms used in this part.—As used in 181
this part, the term: 182
(48) "Wholesale distribution" means the distribution of a 183
prescription drug to a person other than a consumer or patient, 184
or the receipt of a prescription drug by a person other than the 185
consumer or patient, but does not include: 186
(a) Any of the following activities, which is not a 187
violation of s. 499.005(22) s. 499.005(21) if such activity is 188
conducted in accordance with s. 499.01(2)(h): 189
1. The purchase or other acquisition by a hospital or 190
other health care entity that is a member of a group purchasing 191
organization of a prescription drug for its own use from the 192
group purchasing organization or from other hospitals or health 193
care entities that are members of that organization. 194
2. The distribution of a prescription drug or an offer to 195
distribute a prescription drug by a charitable organization 196
described in s. 501(c)(3) of the Internal Revenue Code of 1986, 197
as amended and revised, to a nonprofit affiliate of the 198
organization to the extent otherwise permitted by law. 199
3. The distribution of a prescription drug among hospitals 200

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 9 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

or other health care entities that are under common control. For 201
purposes of this subparagraph, "common control" means the power 202
to direct or cause the direction of the management and policies 203
of a person or an organization, whether by ownership of stock, 204
by voting rights, by contract, or otherwise. 205
4. The distribution of a prescription drug from or for any 206
federal, state, or local government agency or any entity 207
eligible to purchase prescription drugs at public health 208
services prices pursuant to Pub. L. No. 102-585, s. 602 to a 209
contract provider or its subcontractor for eligible patients of 210
the agency or entity under the following conditions: 211
a. The agency or entity must obtain written authorization 212
for the distribution of a prescription drug under this 213
subparagraph from the Secretary of Business and Professional 214
Regulation or his or her designee. 215
b. The contract provider or subcontractor must be 216
authorized by law to administer or dispense prescription drugs. 217
c. In the case of a subcontractor, the agency or entity 218
must be a party to and execute the subcontract. 219
d. The contract provider and subcontractor must maintain 220
and produce immediately for inspection all records of movement 221
or transfer of all the prescription drugs belonging to the 222
agency or entity, including, but not limited to, the records of 223
receipt and disposition of prescription drugs. Each contractor 224
and subcontractor dispensing or administering these drugs must 225

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 10 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

maintain and produce records documenting the dispensing or 226
administration. Records that are required to be maintained 227
include, but are not limited to, a perpetual inventory itemizing 228
drugs received and drugs dispensed by prescription number or 229
administered by patient identifier, which must be submitted to 230
the agency or entity quarterly. 231
e. The contract provider or subcontractor may administer 232
or dispense the prescription drugs only to the eligible patients 233
of the agency or entity or must return the prescription drugs 234
for or to the agency or entity. The contract provider or 235
subcontractor must require proof from each person seeking to 236
fill a prescription or obtain treatment that the person is an 237
eligible patient of the agency or entity and must, at a minimum, 238
maintain a copy of this proof as part of the records of the 239
contractor or subcontractor required under sub-subparagraph d. 240
f. In addition to the departmental inspection authority 241
set forth in s. 499.051, the establishment of the contract 242
provider and subcontractor and all records pertaining to 243
prescription drugs subject to this subparagraph shall be subject 244
to inspection by the agency or entity. All records relating to 245
prescription drugs of a manufacturer under this subparagraph 246
shall be subject to audit by the manufacturer of those drugs, 247
without identifying individual patient information. 248
(b) Any of the following activities, which is not a 249
violation of s. 499.005(22) s. 499.005(21) if such activity is 250

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 11 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

conducted in accordance with rules established by the 251
department: 252
1. The distribution of a prescription drug among federal, 253
state, or local government health care entities that are under 254
common control and are authorized to purchase such prescription 255
drug. 256
2. The distribution of a prescription drug or offer to 257
distribute a prescription drug for emergency medical reasons, 258
which may include transfers of prescription drugs by a retail 259
pharmacy to another retail pharmacy to alleviate a temporary 260
shortage. For purposes of this subparagraph, a drug shortage not 261
caused by a public health emergency does not constitute an 262
emergency medical reason. 263
3. The distribution of a prescription drug acquired by a 264
medical director on behalf of a licensed emergency medical 265
services provider to that emergency medical services provider 266
and its transport vehicles for use in accordance with the 267
provider's license under chapter 401. 268
4. The donation of a prescription drug by a health care 269
entity to a charitable organization that has been granted an 270
exemption under s. 501(c)(3) of the Internal Revenue Code of 271
1986, as amended, and that is authorized to possess prescription 272
drugs. 273
5. The distribution of a prescription drug by a person 274
authorized to purchase or receive prescription drugs to a person 275

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 12 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

licensed or permitted to handle reverse distributions or 276
destruction under the laws of the jurisdiction in which the 277
person handling the reverse distribution or destruction receives 278
the drug. 279
6. The distribution of a prescription drug by a hospital 280
or other health care entity to a person licensed under this part 281
to repackage prescription drugs for the purpose of repackaging 282
the prescription drug for use by that hospital, or other health 283
care entity and other health care entities that are under common 284
control, if ownership of the prescription drugs remains with the 285
hospital or other health care entity at all times. In addition 286
to the recordkeeping requirements of s. 499.0121(6), the 287
hospital or health care entity that distributes prescription 288
drugs pursuant to this subparagraph must reconcile all drugs 289
distributed and returned and resolve any discrepancies in a 290
timely manner. 291
Section 6. Paragraph (a) of subsection (10) of section 292
499.0051, Florida Statutes, is amended to read: 293
499.0051 Criminal acts.— 294
(10) VIOLATIONS OF S. 499.005 RELATED TO DEVICES AND 295
COSMETICS; DISSEMINATION OF FALSE ADVERTISEMENT.— 296
(a) Any person who violates any of the provisions of s. 297
499.005 with respect to a device or cosmetic commits a 298
misdemeanor of the second degree, punishable as provided in s. 299
775.082 or s. 775.083; but, if the violation is committed after 300

HB 1333 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1333-00
Page 13 of 13
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

a conviction of such person under this subsection has become 301
final, such person is guilty of a misdemeanor of the first 302
degree, punishable as provided in s. 775.082 or s. 775.083 or as 303
otherwise provided in this part, except that any person who 304
violates s. 499.005(9) or (11) s. 499.005(8) or (10) with 305
respect to a device or cosmetic commits a felony of the third 306
degree, punishable as provided in s. 775.082, s. 775.083, or s. 307
775.084, or as otherwise provided in this part. 308
Section 7. This act shall take effect January 1, 2027. 309