Illinois General Assembly - Full Text of SB0558
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Full Text of SB0558  101st General Assembly

SB0558eng 101ST GENERAL ASSEMBLY



 


 
SB0558 EngrossedLRB101 04319 RLC 49327 b

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 changing Section 17.2 as follows:
 
6    (410 ILCS 620/17.2)
7    Sec. 17.2. Cosmetic testing on animals.
8    (a) In this Section:
9    "Animal test" means the internal or external application of
10a cosmetic, either in its final form or any ingredient thereof,
11to the skin, eyes, or other body part of a live, nonhuman
12vertebrate.
13    "Cosmetic" has the meaning provided in Section 2 of this
14Act.
15    "Ingredient" means any component of a cosmetic product as
16defined by Section 700.3 of Title 21 of the Code of Federal
17Regulations.
18    "Manufacturer" means any person whose name appears on the
19label of a cosmetic in package form under Section 701.12 of
20Title 21 of the Code of Federal Regulations.
21    "Supplier" means any entity that supplies, directly or
22through a third party, any ingredient used in the formulation
23of 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
8following:
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 by the manufacturer to
8    substantiate the safety of the cosmetic sold within this
9    State, unless both of the following apply:
10            (A) there is documented evidence of the
11        noncosmetic intent of the test; and
12            (B) there is a history of use of the ingredient
13        outside of cosmetics at least 12 months prior to the
14        test being conducted. to substantiate the safety of the
15        cosmetic sold in Illinois by the manufacturer. A
16        manufacturer is not prohibited from reviewing,
17        assessing, or retaining evidence from an animal test
18        conducted under 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:
21        (1) animal testing conducted on an ingredient or
22    cosmetic in its final form if the testing took place prior
23    to the effective date of this amendatory Act of the 101st
24    General Assembly; or
25        (2) a manufacturer reviewing, assessing, or retaining
26    information, data, or evidence obtained from animal

 

 

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1    testing. This Section does not apply to animal testing
2    conducted on an ingredient or cosmetic in its final form if
3    the testing took place prior to the effective date of this
4    amendatory Act of the 101st General Assembly.
5    (h) Notwithstanding any other provision of this Section,
6cosmetic inventory in violation of this Section may be sold on
7or before June 1, 2020 for a period of 180 days.
8    (i) A home rule unit may not regulate the testing of
9cosmetics on animals in a manner inconsistent with the
10regulation by the State of the testing of cosmetics on animals
11under this Section. This subsection is a limitation under
12subsection (i) of Section 6 of Article VII of the Illinois
13Constitution on the concurrent exercise by home rule units of
14powers and functions exercised by the State.
15(Source: P.A. 101-303, eff. 8-9-19.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.