Berkeley Municipal Code Ch. 13.90 Prohibiting the Use of the Draize Test and Skin Irritancy Test On…

The council finds as follows:

A. The Draize Test or ocular test determines the irritancy level of substances by applying them to the eyes of immobilized, unanesthetized live animals, generally rabbits. The Skin Irritancy Test determines the irritancy level of substances by applying them to the shaved, abraded skin of unanesthetized animals, generally rabbits.

B. The Draize Test and Skin Irritancy Test are scientifically unsound and inapplicable to clinical situations. Reliance on the tests may be dangerous because animal data cannot be reliably extrapolated to humans.

C. There is a need to encourage nonanimal test alternatives to the Draize Test and the Skin Irritancy Test so as to further human health concerns and to protect animals.

D. Currently, there exist at least a dozen effective nonanimal test alternatives to the Draize Test and the Skin Irritancy Test, many of which are already successfully in use by fifty-nine California corporations.

E. The Draize Test and the Skin Irritancy Test are unnecessary and grossly inhumane. (Ord. 6027-NS § 1, 1991)

A. "Person" means an individual, corporation or entity.

B. "Testing" means a procedure involving the administration of a substance to identify its relative irritation or toxicity.

C. "Nonanimal test" means a test not using animals, including, but not limited to, protein alteration tests, cell culture tests and tests using nonhuman embryos.

D. "Animal" means a vertebrate nonhuman animal. (Ord. 6027-NS § 2, 1991)

Except as specifically required by state or federal law, no person shall perform either the Draize Eye Irritancy or the Skin Irritancy Test for any purpose within the City of Berkeley. (Ord. 6027-NS § 3, 1991)

Any person violating or contributing to the violation of this chapter shall be guilty of an infraction as set forth in Chapter 1.20 of the Berkeley Municipal Code. (Ord. 6027-NS § 4, 1991)

A. Any Berkeley resident may enforce the provisions of this chapter by means of a civil action for injunctive relief. Reasonable attorney fees and costs shall be awarded the prevailing plaintiff in such an action.

B. Any City official may enforce the criminal prohibition set forth herein to the extent otherwise allowed by law.

C. The remedies and penalties provided in this section are cumulative and not exclusive. (Ord. 6027-NS § 5, 1991)