; or (ii) (I) such animal testing is subject to an exemption under paragraph (4) of subsection (d); (II) there is documented evidence of the non-cosmetic intent of the test; and (III) there is a history of use of the ingredient outside of cosmetics at least 1 year prior to the reliance on such data. (2) Limitation This section shall not be construed to prohibit any entity from reviewing, assessing, or retaining evidence generated from animal testing. (d) Exemptions Subsections (a) and (b) shall not apply with respect to animal testing— (1) conducted outside the United States in order to comply with a requirement from a foreign regulatory authority; (2) requested, required, or conducted by the Secretary, following— (A) a written finding by the Secretary that— (i) there is no non-animal alternative method or strategy recognized by any Federal agency or the Organisation for Economic Co-operation and Development for the relevant safety endpoints for the cosmetic ingredient or non-functional constituent; (ii) the cosmetic ingredient or non-functional constituent poses a risk of causing serious adverse health consequences or death; and (iii) the cosmetic ingredient or non-functional constituent is in wide use and, in the case of a cosmetic ingredient, cannot be replaced by another cosmetic ingredient capable of performing a similar function; (B) publication by the Secretary of the written finding required by subparagraph (A) on the internet website of the Food and Drug Administration together with a notice that the Secretary intends to request, require, or conduct new animal testing, and provides a period of not less than 60 calendar days for public comment; and (C) a written determination by the Secretary, after review of all public comments received pursuant to subparagraph (B), that no previously generated data that could be substituted for, or otherwise determined sufficient to replace, the data expected to be produced through new animal testing is available for review by the Secretary