identical to the prohibitions set forth in subsections (a), (b), and (c), and that does not include the exemptions contained in subsections (c) and (d). No State or political subdivision of a State may require any entity to perform cosmetic animal testing that is not permitted by subsection (a). (h) Definitions (1) Cosmetic The term cosmetic has the meaning given such term in section 201(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(i) ). (2) Cosmetic animal testing The term cosmetic animal testing means the internal or external application or exposure of any cosmetic product, cosmetic ingredient, or nonfunctional constituent to the skin, eyes, or other body part (organ or extremity) of a live non-human vertebrate for the purpose of evaluating the safety or efficacy of a cosmetic product or a cosmetic ingredient or nonfunctional constituent for use in a cosmetic product. (3) Nonfunctional constituent The term nonfunctional constituent means any incidental ingredient as defined in section 701.3(l) of title 21, Code of Federal Regulations, on the date of enactment of this section. (4) Secretary The term Secretary means the Secretary of Health and Human Services.