Public Act 101-0303

SB0241 Enrolled LRB101 06224 CPF 51249 b

AN ACT concerning health.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Illinois Food, Drug and Cosmetic Act is

amended by adding Section 17.2 as follows:

(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.

(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.

(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

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.

Section 99. Effective date. This Act takes effect upon

becoming law.