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| Public Act 101-0303
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| SB0241 Enrolled | LRB101 06224 CPF 51249 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Food, Drug and Cosmetic Act is |
amended by adding Section 17.2 as follows:
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(410 ILCS 620/17.2 new) |
Sec. 17.2. Cosmetic testing on animals. |
(a) In this Section: |
"Animal test" means the internal or external |
application of a cosmetic, either in its final form or any |
ingredient thereof, to the skin, eyes, or other body part |
of a live, nonhuman vertebrate. |
"Cosmetic" has the meaning provided in Section 2 of |
this Act. |
"Ingredient" means any component of a cosmetic product |
as defined by Section 700.3 of Title 21 of the Code of |
Federal Regulations. |
"Manufacturer" means any person whose name appears on |
the label of a cosmetic in package form under Section |
701.12 of Title 21 of the Code of Federal Regulations. |
"Supplier" means any entity that supplies, directly or |
through a third party, any ingredient used in the |
formulation of a manufacturer's cosmetic. |
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(b) Notwithstanding any other law, it is unlawful for a |
manufacturer to import for profit, sell, or offer for sale in |
this State any cosmetic, if the cosmetic was developed or |
manufactured using an animal test that was conducted or |
contracted by the manufacturer, or any supplier of the |
manufacturer, on or after January 1, 2020. |
(c) The prohibitions in subsection (b) do not apply to the |
following: |
(1) An animal test of any cosmetic that is required by |
a federal or State regulatory authority, if each of the |
following apply: |
(A) an ingredient is in wide use and cannot be |
replaced by another ingredient capable of performing a |
similar function; |
(B) a specific human health problem is |
substantiated and the need to conduct animal tests is |
justified and supported by a detailed research |
protocol proposed as the basis for the evaluation; and |
(C) there is not a nonanimal alternative method |
accepted for the relevant endpoint by the relevant |
federal or State regulatory authority. |
(2) An animal test that was conducted to comply with a |
requirement of a foreign regulatory authority, if no |
evidence derived from the test was relied upon to |
substantiate the safety of the cosmetic being sold in |
Illinois by the manufacturer. |
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(3) An animal test that was conducted on any product or |
ingredient subject to the requirements of Subchapter V of |
the Federal Food, Drug, and Cosmetic Act. |
(4) An animal test that was conducted for noncosmetic |
purposes in response to a requirement of a federal, State, |
or foreign regulatory authority, if no evidence derived |
from the test was relied upon to substantiate the safety of |
the cosmetic sold in Illinois by the manufacturer. A |
manufacturer is not prohibited from reviewing, assessing, |
or retaining evidence from an animal test conducted under |
this paragraph. |
(d) A violation of this Section shall be punishable by an |
initial civil penalty of $5,000 for the first day of each |
violation and an additional civil penalty of $1,000 for each |
day the violation continues. |
(e) A violation of this Section may be enforced by the |
State's Attorney of the county in which the violation occurred. |
The civil penalty shall be paid to the entity that is |
authorized to bring the action. |
(f) A State's Attorney may, upon a determination that there |
is a reasonable likelihood of a violation of this Section, |
review the testing data upon which a cosmetic manufacturer has |
relied in the development or manufacturing of the relevant |
cosmetic product sold in this State. Information provided under |
this Section shall be protected as a trade secret as defined in |
Section 2 of the Illinois Trade Secrets Act. In an action under |
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this Section, a court shall preserve the secrecy of an alleged |
trade secret by reasonable means, which may include granting |
protective orders in connection with discovery proceedings, |
holding in-camera hearings, sealing the records of the action, |
and ordering any person involved in the litigation not to |
disclose an alleged trade secret without prior court approval. |
Consistent with the procedures described in this subsection, a |
State's Attorney shall enter a protective order with a |
manufacturer before receipt of information from a manufacturer |
under this Section, and shall take other appropriate measures |
necessary to preserve the confidentiality of information |
provided under this Section. |
(g) This Section does not apply to animal testing conducted |
on an ingredient or cosmetic in its final form if the testing |
took place prior to the effective date of this amendatory Act |
of the 101st General Assembly. |
(h) Notwithstanding any other provision of this Section, |
cosmetic inventory in violation of this Section may be sold for |
a period of 180 days. |
(i) A home rule unit may not regulate the testing of |
cosmetics on animals in a manner inconsistent with the |
regulation by the State of the testing of cosmetics on animals |
under this Section. This subsection is a limitation under |
subsection (i) of Section 6 of Article VII of the Illinois |
Constitution on the concurrent exercise by home rule units of |
powers and functions exercised by the State.
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