Governor Cites Safety, Allows Rabbit Testing : Government: Wilson vetoes bill that would ban using the live animal to measure the irritant level of cosmetics and household cleaning products.

Citing opposition by former U. S. Surgeon General C. Everett Koop, Gov. Pete Wilson on Monday vetoed a heavily lobbied bill that would have banned the use of live rabbits to test whether cosmetics or household cleaning products irritate human eyes or skin.

“We must err on the side of consumer safety, particularly since, as C. Everett Koop points out, babies and children are the victims of most inadvertent exposure to cosmetic and household products,” the governor said in his veto message.

Major cosmetic manufacturers vigorously opposed the measure, sponsored by Assemblyman Jack O’Connell (D-Carpinteria). The bill was strongly supported by many animal rights groups.

“This is a major blow to the thousands upon thousands of Californians who have supported this bill and worked so hard for its passage,” O’Connell said. He stressed that alternative testing methods are available.

But Koop repeatedly defended animal testing as the bill made its way through the legislative process, calling it necessary to protect public health. “I care about animals,” he said recently in Washington, “but I care about people more.”

“Any legislation that bans animal-based research that ensures product safety is, quite literally, hazardous to human health,” he said.

The bill would have made using live rabbits in irritant tests for cosmetics and household cleaning agents a misdemeanor punishable by a fine of up to $2,000.

It would not have applied to any test performed for medical research, developing medications, medical devices, drugs, foods or industrial chemicals or in the identification of environmental pollutants.

O’Connell said he probably will seek to override Wilson’s veto. An override would require a two-thirds majority in each house--54 votes in the Assembly and 27 in the Senate. The bill passed the Assembly on a 52-17 vote and the Senate on a vote of 22 to 10.

“This bill simply bans a cruel and archaic test that often results in blindness or painful death for animals,” O’Connell said at a Senate committee hearing.

In the procedure, called the Draise test, a drop of the substance is placed in the eye of a rabbit and the animal’s reactions are noted.

Animal rights activists charge that the rabbit test is sometimes “inaccurate” and a “smoke screen” to make products appear to be safe when they are not. The activists also say that some major cosmetic manufacturers already voluntarily use alternative testing methods that do not involve live animals.

Wilson said he “shared the concerns” of proponents of the bill that animal testing should not be done needlessly. He added that he was “heartened” by progress made in the development of alternative testing methods during the past 10 years.

“In fact, I am informed that during this time period the number of animals used in testing for these purposes has been reduced by 87%,” the governor said in his message.

“The overwhelming judgment of the scientific community, however, is that these alternatives cannot now or in the foreseeable future completely replace the use of animals for testing.”

A similar bill passed by the Legislature last year was vetoed by Gov. George Deukmejian, who also voiced concern over whether testing that did not involve animals adequately protected the health of consumers.