Full Text of SB1882 103rd General Assembly
SB1882enr 103RD GENERAL ASSEMBLY
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AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Protection of Dogs and Cats from Unnecessary Testing Act.
In this Act:
"Alternative test method" means a test method that does
not use animals, or in some cases reduces or refines the use of
animals, for which the reliability and relevance for a
specific purpose has been established by validation bodies,
including, but not limited to, the Inter-Agency Coordinating
Committee for the Validation of Alternative Methods and the
Organisation for Economic Co-operation and Development.
Alternative test methods include, but are not limited to,
high-throughput screening methods, testing of categories of
chemical substances, tiered testing methods, in vitro studies,
and systems biology.
"Cat" means a small domesticated carnivorous mammal that
is a member of the family Felidae, order Carnivora.
"Canine or feline toxicological experiment" means any test
or study of any duration that seeks to determine the effect, if
any, of the application or exposure, whether internal or
external, of any amount of a chemical substance on a dog or
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cat. "Application or exposure" includes, but is not limited
to, oral ingestion, skin or eye contact, or inhalation.
"Application or exposure" does not include testing of
veterinary products for canine or feline health.
"Chemical substance" means any organic or inorganic
substance, including, but not limited to, a drug, as defined
in Section 321(g) of Title 21 of the United States Code, a
pesticide, as defined in Section 136(u) of Title 7 of the
United States Code, a chemical substance, as defined in
Section 2602(2) of Title 15 of the United States Code, or a
food additive, as defined in Section 321(s) of Title 21 of the
United States Code.
"Testing facility" means any partnership, corporation,
association, school, institution, organization, or other legal
relationship, whether privately or government owned, leased,
or operated, that tests chemicals, ingredients, product
formulations, or products in this State.
"Dog" means any member of the species Canis familiaris.
"Medical research" means research related to the causes,
progression, diagnosis, treatment, control, or prevention of
physical or mental diseases and impairments or chronic
conditions of humans or animals or related to the development
of biomedical products or devices, as defined under Section
321(h) of Title 21 of the United States Code. Medical research
does not include research related to the development of drugs
as defined in Section 321(g)(1) of Title 21 of the United
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Prohibition on the use of dogs or cats in
toxicological experiments; exemptions; enforcement.
(a) Notwithstanding any law to the contrary, and in
addition to the prohibitions set forth in law, a testing
facility shall not conduct a canine or feline toxicological
experiment in this State unless the experiment is conducted
for any of the following purposes:
(1) Medical research.
(2) To comply with federal requirements pertaining to
the approval or maintenance of a medical device, as
defined under Section 321(h) of Title 21 of the United
(3) To achieve discovery, approval, or maintenance of
a drug, pursuant to a testing requirement imposed by the
United States Food and Drug Administration under Section
505 or 512 of the Federal Food, Drug, and Cosmetic Act or
Section 351 of the Public Health Service Act or any
binding agency regulation promulgated upon notice and
comment thereunder, if the United States Food and Drug
Administration has not otherwise expressly authorized drug
manufacturers to use alternative test methods.
(4) To achieve discovery, approval, or maintenance of
a biologic, pursuant to a testing requirement imposed by
the United States Department of Agriculture under the
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Virus-Serum-Toxin Act or any binding agency regulation
promulgated upon notice and comment thereunder, if the
United States Department of Agriculture has not concluded
that waivers shall be granted for the experimentation or
studies or expressly indicated acceptance of alternative
(5) To achieve discovery, approval, registration, or
maintenance of a pesticide, pursuant to a testing
requirement imposed by the United States Environmental
Protection Agency pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act, or any binding agency
regulation promulgated upon notice and comment thereunder,
if the Environmental Protection Agency has not concluded
that waivers shall be granted for such experimentation or
studies or expressly indicated acceptance of alternative
(6) To comply with a requirement to conduct the
experiment under the Toxic Substances Control Act, if the
United States Environmental Protection Agency has not,
pursuant to Section 2603(h) of Title 15 of the United
States Code, concluded that waivers shall be granted for
such experimentation or studies or expressly indicated
acceptance of testing methods alternative to laboratory
animal testing, including, but not limited to, in vitro,
in silico, and in chemico approaches for identifying skin
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(b)(1) The Attorney General or a State's Attorney in the
county in which a violation of this Act occurred may bring an
action in the name of the People of the State to enforce the
provisions of this Act.
(2) Whenever the Attorney General, or a State's Attorney
in the county in which a violation of this Act occurred, has
reason to believe that a testing facility has in engaged in or
is engaging in any practice in violation of this Act, and that
proceedings would be in the public interest, he or she may
bring an action in the name of the People of the State against
such testing facility to restrain by preliminary or permanent
injunction the use of that practice.
(3) If the court determines that the Attorney General or
State's Attorney is the prevailing party in an action filed
pursuant to paragraph (1), the official may recover a civil
penalty not to exceed $5,000 for each day that each dog or each
cat is used in a canine or feline toxicological experiment in
violation of this Section. In addition to the civil penalty,
the official may also recover court costs and attorney's fees.
(c) The prohibition in subsection (a) does not apply to
testing or experimentation conducted for the purpose of
developing, manufacturing, or marketing any product intended
for beneficial use in dogs or cats.
The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
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This Act takes effect upon