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Public Act 101-0303


 

Public Act 0303 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0303
 
SB0241 EnrolledLRB101 06224 CPF 51249 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Food, Drug and Cosmetic Act is
amended by adding Section 17.2 as follows:
 
    (410 ILCS 620/17.2 new)
    Sec. 17.2. 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
    this Act.
        "Ingredient" means any component of a cosmetic product
    as defined by Section 700.3 of Title 21 of the Code of
    Federal Regulations.
        "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.
    (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
following:
        (1) An animal test of any cosmetic that is required by
    a federal or State regulatory authority, if each of the
    following apply:
            (A) an ingredient is in wide use and cannot be
        replaced by another ingredient capable of performing a
        similar function;
            (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 a foreign 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.
        (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
    this paragraph.
    (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.
The civil penalty shall be paid to the entity that is
authorized to bring the action.
    (f) A State's 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 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 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 animal testing conducted
on an ingredient or cosmetic in its final form if the testing
took place prior to the effective date of this amendatory Act
of the 101st General Assembly.
    (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
regulation by the State of the testing of cosmetics on animals
under this Section. This subsection is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2019