101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced 1/31/2019, by Sen. Linda Holmes
SYNOPSIS AS INTRODUCED:
Amends the Illinois Food, Drug, and Cosmetic Act. Provides that it is
unlawful for a manufacturer to import for profit, sell, or offer for sale
in this State any cosmetic, if the cosmetic was developed or manufactured
using an animal test that was conducted or contracted by the manufacturer,
or any supplier of the manufacturer, on or after January 1, 2020. Provides
exceptions to the prohibition. Provides that a violation of the Act shall
be punishable by an initial fine of $5,000 for the first day of each
violation and an additional fine of $1,000 for each day the violation
continues. Provides that a violation may be enforced by the State's
Attorney of the county in which the violation occurred or by the municipal
attorney of the municipality in which the violation occurred. Effective
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Food, Drug and Cosmetic Act is
amended by adding Section 17.2 as follows:
(410 ILCS 620/17.2 new)
Cosmetic testing on animals.
(a) In this Section:
"Animal test" means the internal or external
application of a cosmetic, either in its final form or any
ingredient thereof, to the skin, eyes, or other body part
of a live, nonhuman vertebrate.
"Cosmetic" has the meaning provided in Section 2 of
"Ingredient" means any component of a cosmetic product
as defined by Section 700.3 of Title 21 of the Code of
"Manufacturer" means any person whose name appears on
the label of a cosmetic in package form under Section
701.12 of Title 21 of the Code of Federal Regulations.
"Supplier" means any entity that supplies, directly or
through a third party, any ingredient used in the
formulation of a manufacturer's cosmetic.
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(b) Notwithstanding any other law, it is unlawful for a
manufacturer to import for profit, sell, or offer for sale in
this State any cosmetic, if the cosmetic was developed or
manufactured using an animal test that was conducted or
contracted by the manufacturer, or any supplier of the
manufacturer, on or after January 1, 2020.
(c) The prohibitions in subsection (b) do not apply to the
(1) An animal test of any cosmetic that is required by
a federal or State regulatory authority, if each of the
(A) an ingredient is in wide use and cannot be
replaced by another ingredient capable of performing a
(B) a specific human health problem is
substantiated and the need to conduct animal tests is
justified and supported by a detailed research
protocol proposed as the basis for the evaluation; and
(C) there is not a nonanimal alternative method
accepted for the relevant endpoint by the relevant
federal or State regulatory authority.
(2) An animal test that was conducted to comply with a
requirement of an out-of-state regulatory authority, if no
evidence derived from the test was relied upon to
substantiate the safety of the cosmetic being sold in
Illinois by the manufacturer.
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(3) An animal test that was conducted on any product or
ingredient subject to the requirements of Subchapter V of
the Federal Food, Drug, and Cosmetic Act.
(4) An animal test that was conducted for noncosmetic
purposes in response to a requirement of a federal, State,
or foreign regulatory authority, if no evidence derived
from the test was relied upon to substantiate the safety of
the cosmetic sold in Illinois by the manufacturer. A
manufacturer is not prohibited from reviewing, assessing,
or retaining evidence from an animal test conducted under
(d) A violation of this Section shall be punishable by an
initial civil penalty of $5,000 for the first day of each
violation and an additional civil penalty of $1,000 for each
day the violation continues.
(e) A violation of this Section may be enforced by the
State's Attorney of the county in which the violation occurred
or by the municipal attorney of the municipality in which the
violation occurred. The civil penalty shall be paid to the
entity that is authorized to bring the action.
(f) A State's Attorney or municipal attorney may, upon a
determination that there is a reasonable likelihood of a
violation of this Section, review the testing data upon which a
cosmetic manufacturer has relied in the development or
manufacturing of the relevant cosmetic product sold in this
State. Information provided under this Section shall be
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protected as a trade secret as defined in Section 2 of the
Illinois Trade Secrets Act. In an action under this Section, a
court shall preserve the secrecy of an alleged trade secret by
reasonable means, which may include granting protective orders
in connection with discovery proceedings, holding in-camera
hearings, sealing the records of the action, and ordering any
person involved in the litigation not to disclose an alleged
trade secret without prior court approval. Consistent with the
procedures described in this subsection, a State's Attorney or
municipal attorney shall enter a protective order with a
manufacturer before receipt of information from a manufacturer
under this Section, and shall take other appropriate measures
necessary to preserve the confidentiality of information
provided under this Section.
(g) This Section does not apply to either of the following:
(1) A cosmetic, if the cosmetic in its final form was
sold in Illinois or tested on animals prior to January 1,
2020, even if the cosmetic is manufactured after that date.
(2) An ingredient, if the ingredient was sold in
Illinois or tested on animals prior to January 1, 2020,
even if the ingredient is manufactured after that date.
(h) Notwithstanding any other provision of this Section,
cosmetic inventory in violation of this Section may be sold for
a period of 180 days.
(i) A home rule unit may not regulate the testing of
cosmetics on animals in a manner inconsistent with the