Public Act 103-0238
 
SB1882 EnrolledLRB103 27260 RLC 53631 b


  
    AN ACT concerning animals.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as the 
Protection of Dogs and Cats from Unnecessary Testing Act.
 
    Section 5. Definitions. 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 
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 
States Code.

 
    Section 10. 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 
    States Code.


        (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 
    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 
    test methods.


        (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 
    test methods.


        (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 
    sensitization hazards.



    (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.

  
 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.