Prawnokarna ocena testowania produktów kosmetycznych na zwierzętach
Criminal Law Aspects of Testing Cosmetic Products on Animals

Summary/Abstract: Article deals with criminal law aspects of animal testing of cosmetic products or their ingredients. This issue does not lose its relevance – taking into account the development of science and technology as well as taking into account the modification of legal regulations and the social assessment of this type of behavior. Due to the importance of animal testing in the indicated context, they should be qualified as a form of toxicity testing or safety testing, falling within the procedures as defined in the Protection of animals used for scientific or educational purposes Act of 15th January 2015. For this reason, any kind of abuse in conducting such tests should be analyzed through the prism of criminal liability under the above Act (exposure of animals to unnecessary pain, fear, suffering or permanent damage to the organism) or the Protection of Animals Act of 21st August 1997 (abuse over animals and inhumane or unjustified deprivation of their lives). Adoption of the relevant interpretation and application of relevant provisions is particularly important, considering the repeal of the current Cosmetics Act of 30th March 2001 and the entry into force of new regulations under the Cosmetics products Act of 4 October 2018, as well as in relation to financial penalties for violating the ban on testing cosmetics on animals. The purpose of the article is to make a criminal law assessment regarding the testing of cosmetics on animals, depending on compliance with formal requirements for experimental procedures using animals. The issues of the importance of humanitarian protection of animals, conditions for conducting legal experimental procedures, the use of alternative methods within them as well as the potential legal consequences related to conviction for a crime aimed at the humanitarian protection of experimental animals were also raised.

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