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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Food, Drug and Cosmetic Act is
5amended by adding Section 17.2 as follows:
6    (410 ILCS 620/17.2 new)
7    Sec. 17.2. Cosmetic testing on animals.
8    (a) In this Section:
9        "Animal test" means the internal or external
10    application of a cosmetic, either in its final form or any
11    ingredient thereof, to the skin, eyes, or other body part
12    of a live, nonhuman vertebrate.
13        "Cosmetic" has the meaning provided in Section 2 of
14    this Act.
15        "Ingredient" means any component of a cosmetic product
16    as defined by Section 700.3 of Title 21 of the Code of
17    Federal Regulations.
18        "Manufacturer" means any person whose name appears on
19    the label of a cosmetic in package form under Section
20    701.12 of Title 21 of the Code of Federal Regulations.
21        "Supplier" means any entity that supplies, directly or
22    through a third party, any ingredient used in the
23    formulation of a manufacturer's cosmetic.



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1    (b) Notwithstanding any other law, it is unlawful for a
2manufacturer to import for profit, sell, or offer for sale in
3this State any cosmetic, if the cosmetic was developed or
4manufactured using an animal test that was conducted or
5contracted by the manufacturer, or any supplier of the
6manufacturer, on or after January 1, 2020.
7    (c) The prohibitions in subsection (b) do not apply to the
9        (1) An animal test of any cosmetic that is required by
10    a federal or State regulatory authority, if each of the
11    following apply:
12            (A) an ingredient is in wide use and cannot be
13        replaced by another ingredient capable of performing a
14        similar function;
15            (B) a specific human health problem is
16        substantiated and the need to conduct animal tests is
17        justified and supported by a detailed research
18        protocol proposed as the basis for the evaluation; and
19            (C) there is not a nonanimal alternative method
20        accepted for the relevant endpoint by the relevant
21        federal or State regulatory authority.
22        (2) An animal test that was conducted to comply with a
23    requirement of a foreign regulatory authority, if no
24    evidence derived from the test was relied upon to
25    substantiate the safety of the cosmetic being sold in
26    Illinois by the manufacturer.



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1        (3) An animal test that was conducted on any product or
2    ingredient subject to the requirements of Subchapter V of
3    the Federal Food, Drug, and Cosmetic Act.
4        (4) An animal test that was conducted for noncosmetic
5    purposes in response to a requirement of a federal, State,
6    or foreign regulatory authority, if no evidence derived
7    from the test was relied upon to substantiate the safety of
8    the cosmetic sold in Illinois by the manufacturer. A
9    manufacturer is not prohibited from reviewing, assessing,
10    or retaining evidence from an animal test conducted under
11    this paragraph.
12    (d) A violation of this Section shall be punishable by an
13initial civil penalty of $5,000 for the first day of each
14violation and an additional civil penalty of $1,000 for each
15day the violation continues.
16    (e) A violation of this Section may be enforced by the
17State's Attorney of the county in which the violation occurred
18or by the municipal attorney of the municipality in which the
19violation occurred. The civil penalty shall be paid to the
20entity that is authorized to bring the action.
21    (f) A State's Attorney or municipal attorney may, upon a
22determination that there is a reasonable likelihood of a
23violation of this Section, review the testing data upon which a
24cosmetic manufacturer has relied in the development or
25manufacturing of the relevant cosmetic product sold in this
26State. Information provided under this Section shall be



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1protected as a trade secret as defined in Section 2 of the
2Illinois Trade Secrets Act. In an action under this Section, a
3court shall preserve the secrecy of an alleged trade secret by
4reasonable means, which may include granting protective orders
5in connection with discovery proceedings, holding in-camera
6hearings, sealing the records of the action, and ordering any
7person involved in the litigation not to disclose an alleged
8trade secret without prior court approval. Consistent with the
9procedures described in this subsection, a State's Attorney or
10municipal attorney shall enter a protective order with a
11manufacturer before receipt of information from a manufacturer
12under this Section, and shall take other appropriate measures
13necessary to preserve the confidentiality of information
14provided under this Section.
15    (g) This Section does not apply to animal testing conducted
16on an ingredient or cosmetic in its final form if the testing
17took place prior to the effective date of this amendatory Act
18of the 101st General Assembly.
19    (h) Notwithstanding any other provision of this Section,
20cosmetic inventory in violation of this Section may be sold for
21a period of 180 days.
22    (i) A home rule unit may not regulate the testing of
23cosmetics on animals in a manner inconsistent with the
24regulation by the State of the testing of cosmetics on animals
25under this Section. This subsection is a limitation under
26subsection (i) of Section 6 of Article VII of the Illinois



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1Constitution on the concurrent exercise by home rule units of
2powers and functions exercised by the State.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.