Pennsylvania Animal Testing Ban For Cosmetics 2026: SB 381, Act 92 And Compliance Requirements

What Pennsylvania’s New Animal Testing Restrictions Mean for Cosmetic Manufacturers, Importers, Suppliers and Distributors

Pennsylvania is strengthening its cosmetic regulatory framework through Senate Bill 381 (SB 381), enacted as Act No. 92 of 2026, introducing restrictions on the sale of cosmetics developed or manufactured using certain animal testing practices.

On 22 October 2026, the Governor of Pennsylvania signed SB 381 into law, amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes. The amendment introduces Sections 58A21 and 58A22, establishing restrictions on cosmetics developed or manufactured using animal testing conducted or commissioned by manufacturers or their suppliers.

The new provisions establish 1 January 2027 as the key cut-off date for relevant animal testing. Cosmetics developed or manufactured using animal testing conducted or commissioned on or after this date generally cannot be sold or offered for sale in Pennsylvania, subject to specified exemptions.

The legislation is particularly important for cosmetic manufacturers, brand owners, private-label companies, distributors, importers and ingredient suppliers involved in the Pennsylvania market.

Companies should review their product formulations, ingredient sourcing, animal testing records and supplier declarations to identify potential compliance risks before the new requirements become applicable.

Why Pennsylvania’s Cosmetics Animal Testing Ban Matters

Animal testing has historically been used in cosmetic development to evaluate ingredient safety, toxicological effects and potential health risks.

However, increasing regulatory attention and advances in alternative testing technologies have encouraged governments and industry stakeholders to reduce reliance on animal testing.

Pennsylvania's SB 381 introduces additional obligations for companies placing cosmetics on the state market.

The legislation is important because it extends compliance considerations beyond the cosmetic manufacturer itself to include animal testing conducted or commissioned by ingredient suppliers.

Businesses may therefore need to coordinate compliance activities across:

• Cosmetic product development and formulation.
• Ingredient sourcing and procurement.
• Supplier qualification and monitoring.
• Toxicological safety assessments.
• Regulatory affairs and product compliance.
• Product labelling and distribution.
• Animal testing documentation and recordkeeping.

For international cosmetic companies, the requirements also highlight the importance of monitoring state-level cosmetic regulations in the United States.

What Is Pennsylvania SB 381 (Act No. 92 of 2026)?

SB 381 amends Title 35 of the Pennsylvania Consolidated Statutes by introducing two new sections:

• Section 58A21: Establishes definitions relevant to animal testing and cosmetics.
• Section 58A22: Establishes restrictions on cosmetic sales, exemptions, enforcement provisions and related limitations.

The legislation focuses specifically on cosmetics developed or manufactured using animal testing performed or commissioned by manufacturers or their suppliers.

Unlike a general prohibition covering every historical animal testing activity, the law establishes a specific cut-off date and provides exemptions for defined circumstances.

Legislative Background and Important Dates

SB 381 progressed through the Pennsylvania legislative process between March 2025 and October 2026.

The following timeline highlights the major legislative milestones.

Important distinction: The animal testing cut-off date and the general effective date are different. Companies should not confuse 1 January 2027 with 20 April 2027 when planning compliance activities.

Scope of Application and Key Definitions

Section 58A21 establishes important definitions that determine which businesses, products and testing activities fall within the legislation.

Understanding these definitions is essential for manufacturers and suppliers to assess their regulatory obligations.

Key Definitions Under Pennsylvania Act No. 92

An important consideration is the definition of manufacturer.

The legislation refers to the entity whose name appears on the cosmetic label under 21 CFR 701.12. Therefore, companies identified as manufacturers, packers or distributors on cosmetic labels may fall within the scope of the obligations.

This makes it important for brand owners, private-label businesses and distributors to evaluate their responsibilities rather than if compliance applies only to the physical manufacturing facility.

Prohibition on Cosmetic Sales and Animal Testing Cut-Off

Section 58A22(a) establishes restrictions on selling or offering cosmetics for sale in Pennsylvania when they have been developed or produced using animal testing conducted or commissioned by the manufacturer or any of its suppliers on or after 1 January 2027.

The provision makes supplier-level testing an important part of cosmetic compliance.

Companies should therefore evaluate not only whether finished cosmetic products have undergone animal testing but also whether their ingredients have been tested by suppliers after the specified cut-off date.

Understanding the Two Important Dates

The distinction is particularly important for companies with established cosmetic formulations and historical toxicological datasets.

The legislation does not prevent companies from reviewing or retaining existing animal testing data generated before 1 January 2027.

Exemptions Under Pennsylvania's Cosmetics Animal Testing Restrictions

Section 58A22(b) establishes specific exemptions from the prohibition.

These exemptions are relevant where animal testing is conducted for medical research or under certain regulatory circumstances.

1. Medical Research

Animal studies conducted for medical research purposes are excluded from the relevant prohibition.

Medical research includes specified activities involving the causes, diagnosis, treatment, control or care of physical or mental diseases and injuries.

2. Testing Required by Regulatory Authorities

An exemption may apply when animal testing is required by a federal or state regulatory authority, provided all specified conditions are satisfied:

• The ingredient is widely used and cannot be replaced by another ingredient.
• The ingredient presents a specific human health concern.
• The need for animal testing is supported by justification based on a research protocol.
• No accepted non-animal testing method or strategy is available to obtain the relevant data.

3. Foreign Regulatory Testing

Animal testing conducted outside the United States to meet foreign regulatory requirements may qualify for an exemption when the resulting evidence has not been used to substantiate the cosmetic's safety under federal or state law.

4. Products Subject to Specific FDA Requirements

Testing conducted on a product or ingredient subject to Chapter V of the Federal Food, Drug, and Cosmetic Act is also covered by an exemption.

5. Testing Required for Non-Cosmetic Regulatory Purposes

Animal testing required by federal, state or foreign regulatory authorities for purposes other than cosmetics may qualify under specified conditions.

For animal testing conducted after 1 January 2027, the following conditions must be satisfied before the resulting data can be used to establish cosmetic safety under federal or state law:

• No non-animal method or strategy accepted by a federal agency or the OECD exists for the relevant safety endpoint.
• Documentary evidence establishes the non-cosmetic purpose of the testing.
• The ingredient has a history of using outside cosmetics for at least one year before reliance on the data.

Companies should carefully document the applicable exemption and maintain supporting evidence.

Who Should Pay Attention?

Pennsylvania's new requirements may affect businesses across the cosmetics value chain.

Companies should assess both direct and indirect animal testing activities associated with cosmetic ingredients and finished products.

Supply Chain and Supplier Compliance Requirements

One of the most important aspects of Pennsylvania's animal testing restrictions is that the prohibition considers testing conducted or commissioned by both the manufacturer and its suppliers.

This means cosmetic companies may need to obtain information beyond their immediate manufacturing operations.

A supplier's animal testing activities may create compliance implications for the finished cosmetic product.

A robust supplier compliance programme should include:

• Ingredient supplier declarations.
• Animal testing history for individual ingredients.
• Testing dates and research protocols.
• Identification of third-party testing laboratories.
• Documentation of regulatory testing requirements.
• Confirmation of non-animal testing alternatives.
• Suppliers change notifications.
• Periodic compliance assessments.

Companies should also review whether ingredients are sourced through intermediaries, as the definition of supplier includes entities providing ingredients directly or through third parties.

2026–2027 Pennsylvania Cosmetics Compliance Readiness Checklist

Companies planning to sell cosmetics in Pennsylvania should consider the following compliance activities.

Enforcement and Legal Consequences

Section 58A31 establishes remedies for violations under the relevant chapter.

The Attorney General may initiate civil action in the Commonwealth Court or the court of common pleas in the county where the violation occurred.

Available remedies include:

• Injunctive relief.
• Other relief considered appropriate by the court.
• Applicable penalties or sanctions under the chapter and related rules, regulations and orders.

The legislation also establishes important limitations on enforcement.

No private right of action is created under the Act. This means individuals cannot independently bring lawsuits to enforce these provisions.

Institutions of higher education and their employees are also excluded from civil liability arising under the Act.

For cosmetic businesses, this makes regulatory enforcement by the Pennsylvania Attorney General an important consideration when evaluating legal exposure.

Impact on Cosmetic Manufacturers and Importers

The new requirements may influence cosmetic product development, supplier management and market access strategies.

Manufacturers may need to:

• Review existing cosmetic formulations.
• Identify animal testing conducted or commissioned after the cut-off date.
• Assess ingredient supplier testing practices.
• Establish alternative testing strategies.
• Review product development documentation.
• Update supplier qualification procedures.

Importers and brand owners may need to:

• Assess products intended for Pennsylvania.
• Review manufacturer information on product labels.
• Obtain supplier declarations.
• Verify ingredient testing histories.
• Evaluate statutory exemptions.
• Maintain supporting compliance documentation.
• Update product launch and market-entry procedures.

International cosmetic companies should pay particular attention to the supply-chain provisions because testing conducted outside the United States may also require assessment under the applicable exemptions.

Existing Products and Formulation Changes

Companies with existing cosmetic products should distinguish between historical animal testing and testing conducted on or after 1 January 2027.

The legislation does not prohibit the continued review, evaluation or retention of existing animal testing data.

However, companies should reassess their product development and ingredient sourcing activities to ensure that new testing does not unintentionally trigger the prohibition.

Attention should be given to:

• Existing cosmetic formulations.
• New ingredient introductions.
• Reformulated products.
• Contract manufacturing arrangements.
• Third-party ingredient testing.
• Supplier and manufacturing changes.
• Product safety documentation.

Where animal testing is identified, companies should determine whether the activity falls within an applicable exemption and whether the necessary supporting documentation is available.

Frequently Asked Questions

1. What is Pennsylvania SB 381?

SB 381, enacted as Act No. 92 of 2026, amends Pennsylvania's Title 35 to introduce restrictions on the sale of certain cosmetics developed or manufactured using animal testing.

2. When does Pennsylvania's cosmetics animal testing restriction begin?

The key animal testing cut-off date is 1 January 2027. The Act's general effective date is 20 April 2027.

3. Does the prohibition apply to supplier animal testing?

Yes. The restriction covers relevant animal testing conducted or commissioned by the manufacturer or any supplier of the manufacturer.

4. Who is considered a manufacturer?

An entity whose name appears on a cosmetic product label under 21 CFR 701.12 may qualify, including relevant packers and distributors.

5. Are all cosmetics developed using historical animal testing prohibited?

No. Animal testing conducted before 1 January 2027 is not subject to prohibition solely because it involved animal testing. Existing data may also continue to be reviewed, evaluated and retained.

6. Are there exemptions under SB 381?

Yes. Exemptions include medical research, certain regulatory-required testing, specified foreign regulatory testing and certain products subject to Chapter V of the Federal Food, Drug, and Cosmetic Act.

7. Does the Act apply to international cosmetic companies?

Yes. International manufacturers, suppliers and brand owners should assess their activities when supplying cosmetics for sale in Pennsylvania.

8. Can consumers or competitors independently sue companies under this Act?

No. The Act does not create a private right of action. Enforcement actions may be initiated by the Pennsylvania Attorney General.

9. Should cosmetic ingredient suppliers be contacted?

Yes. Supplier declarations, ingredient testing histories and supporting documentation are important for assessing compliance.

10. Should existing cosmetic products be reassessed?

Yes. Companies should review existing formulations, supplier relationships, product labels and testing records to identify potential risks associated with the new requirements.

Conclusion

Pennsylvania's 2026 animal testing legislation (SB 381 / Act No. 92) introduces important compliance considerations for cosmetic manufacturers, importers, brand owners and ingredient suppliers.

The legislation establishes a prohibition on the sale of certain cosmetics developed or manufactured using animal testing conducted or commissioned on or after 1 January 2027, subject to specific exemptions.

Its supplier-related provisions make supply-chain transparency, ingredient testing histories and regulatory documentation particularly important.

Companies should use the preparation period to review product portfolios, identify responsible entities, obtain supplier declarations, assess exemptions and strengthen alternative testing strategies.

A proactive approach can help cosmetic businesses reduce regulatory risks and maintain access to the Pennsylvania market.

How Maven Regulatory Solutions Can Help

Maven Regulatory Solutions can support cosmetic businesses with:

• US cosmetics regulatory assessments.
• Pennsylvania SB 381 compliance reviews.
• Cosmetic product portfolio screening.
• Ingredient and formulation assessments.
• Animal testing regulatory applicability reviews.
• Supplier compliance assessments.
• Cosmetic safety and toxicological assessments.
• Alternative testing strategy evaluations.
• Regulatory documentation and compliance reviews.
• Product labelling and regulatory assessments.
• Regulatory gap assessments.
• Global cosmetics regulatory intelligence.
• Lifecycle compliance support.

Our approach helps cosmetic manufacturers, importers and brand owners identify regulatory risks, evaluate ingredients and supplier compliance, and develop practical strategies aligned with evolving US cosmetics regulations.