Rep. Jonathan Carroll

Filed: 4/10/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 241 by replacing
3everything after the enacting clause with the following:
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



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1    Federal Regulations.
2        "Manufacturer" means any person whose name appears on
3    the label of a cosmetic in package form under Section
4    701.12 of Title 21 of the Code of Federal Regulations.
5        "Supplier" means any entity that supplies, directly or
6    through a third party, any ingredient used in the
7    formulation of a manufacturer's cosmetic.
8    (b) Notwithstanding any other law, it is unlawful for a
9manufacturer to import for profit, sell, or offer for sale in
10this State any cosmetic, if the cosmetic was developed or
11manufactured using an animal test that was conducted or
12contracted by the manufacturer, or any supplier of the
13manufacturer, on or after January 1, 2020.
14    (c) The prohibitions in subsection (b) do not apply to the
16        (1) An animal test of any cosmetic that is required by
17    a federal or State regulatory authority, if each of the
18    following apply:
19            (A) an ingredient is in wide use and cannot be
20        replaced by another ingredient capable of performing a
21        similar function;
22            (B) a specific human health problem is
23        substantiated and the need to conduct animal tests is
24        justified and supported by a detailed research
25        protocol proposed as the basis for the evaluation; and
26            (C) there is not a nonanimal alternative method



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



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



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1    (i) A home rule unit may not regulate the testing of
2cosmetics on animals in a manner inconsistent with the
3regulation by the State of the testing of cosmetics on animals
4under this Section. This subsection is a limitation under
5subsection (i) of Section 6 of Article VII of the Illinois
6Constitution on the concurrent exercise by home rule units of
7powers and functions exercised by the State.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".