Full Text of SB0241 101st General Assembly
SB0241ham001 101ST GENERAL ASSEMBLY | Rep. Jonathan Carroll Filed: 4/10/2019
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| 1 | | AMENDMENT TO SENATE BILL 241
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 241 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Food, Drug and Cosmetic Act is | 5 | | amended 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 | 9 | | manufacturer to import for profit, sell, or offer for sale in | 10 | | this State any cosmetic, if the cosmetic was developed or | 11 | | manufactured using an animal test that was conducted or | 12 | | contracted by the manufacturer, or any supplier of the | 13 | | manufacturer, on or after January 1, 2020. | 14 | | (c) The prohibitions in subsection (b) do not apply to the | 15 | | following: | 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 | 20 | | initial civil penalty of $5,000 for the first day of each | 21 | | violation and an additional civil penalty of $1,000 for each | 22 | | day the violation continues. | 23 | | (e) A violation of this Section may be enforced by the | 24 | | State's Attorney of the county in which the violation occurred. | 25 | | The civil penalty shall be paid to the entity that is | 26 | | authorized to bring the action. |
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| 1 | | (f) A State's Attorney may, upon a determination that there | 2 | | is a reasonable likelihood of a violation of this Section, | 3 | | review the testing data upon which a cosmetic manufacturer has | 4 | | relied in the development or manufacturing of the relevant | 5 | | cosmetic product sold in this State. Information provided under | 6 | | this Section shall be protected as a trade secret as defined in | 7 | | Section 2 of the Illinois Trade Secrets Act. In an action under | 8 | | this Section, a court shall preserve the secrecy of an alleged | 9 | | trade secret by reasonable means, which may include granting | 10 | | protective orders in connection with discovery proceedings, | 11 | | holding in-camera hearings, sealing the records of the action, | 12 | | and ordering any person involved in the litigation not to | 13 | | disclose an alleged trade secret without prior court approval. | 14 | | Consistent with the procedures described in this subsection, a | 15 | | State's Attorney shall enter a protective order with a | 16 | | manufacturer before receipt of information from a manufacturer | 17 | | under this Section, and shall take other appropriate measures | 18 | | necessary to preserve the confidentiality of information | 19 | | provided under this Section. | 20 | | (g) This Section does not apply to animal testing conducted | 21 | | on an ingredient or cosmetic in its final form if the testing | 22 | | took place prior to the effective date of this amendatory Act | 23 | | of the 101st General Assembly. | 24 | | (h) Notwithstanding any other provision of this Section, | 25 | | cosmetic inventory in violation of this Section may be sold for | 26 | | a period of 180 days. |
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| 1 | | (i) A home rule unit may not regulate the testing of | 2 | | cosmetics on animals in a manner inconsistent with the | 3 | | regulation by the State of the testing of cosmetics on animals | 4 | | under this Section. This subsection is a limitation under | 5 | | subsection (i) of Section 6 of Article VII of the Illinois | 6 | | Constitution on the concurrent exercise by home rule units of | 7 | | powers and functions exercised by the State.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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