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| Public Act 103-0238
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| SB1882 Enrolled | LRB103 27260 RLC 53631 b |
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AN ACT concerning animals.
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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 1. Short title. This Act may be cited as the |
Protection of Dogs and Cats from Unnecessary Testing Act.
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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.
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"Cat" means a small domesticated carnivorous mammal that |
is a member of the family Felidae, order Carnivora.
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"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.
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"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.
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"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.
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"Dog" means any member of the species Canis familiaris.
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"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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States Code.
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Section 10. Prohibition on the use of dogs or cats in |
toxicological experiments; exemptions; enforcement.
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(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:
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(1) Medical research.
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(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.
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(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.
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(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 |
test methods.
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(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.
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(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.
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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.
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(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.
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(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.
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(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.
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Section 97. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes.
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