; and (ii) (I) such animal testing is subject to an exemption under subsection (d)(3); or (II) (aa) such animal testing is subject to an exemption under subsection (d)(4); (bb) there is documented evidence of the non-cosmetic intent of the test; and (cc) there is a history of use of the ingredient outside of cosmetics at least 1 year prior to the reliance on evidence described in the matter preceding subparagraph (A). (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 for the relevant safety endpoints for the cosmetic ingredient or nonfunctional constituent; (ii) there is information received by the Secretary of adverse health effects, other than minor and transient reactions or minor and transient skin irritations in some users, related to the cosmetic ingredient or nonfunctional constituent; and (iii) the cosmetic ingredient cannot be replaced by another cosmetic ingredient capable of performing a similar function; (B) publication by the Secretary, on the website of the Food and Drug Administration, of the written finding under subparagraph (A) together with a notice that the Secretary intends to request, require, or conduct new animal testing, and providing a period of not less than 60 calendar days for public comment