SB0241 EnrolledLRB101 06224 CPF 51249 b


  
1    AN ACT concerning health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  



 
 
4    Section 5. The Illinois Food, Drug and Cosmetic Act is 
5amended  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 
17    Federal Regulations.
18        "Manufacturer" means any person whose name appears on 
19    the label of a cosmetic in package form under Section 
20    701.12 of Title 21 of the Code of Federal Regulations.
21        "Supplier" means any entity that supplies, directly or 
22    through a third party, any ingredient used in the 
23    formulation of a manufacturer's cosmetic. 
 
 
SB0241 Enrolled- 2 -LRB101 06224 CPF 51249 b

1    (b) Notwithstanding any other law, it is unlawful for a 
2manufacturer to import for profit, sell, or offer for sale in 
3this State any cosmetic, if the cosmetic was developed or 
4manufactured using an animal test that was conducted or 
5contracted by the manufacturer, or any supplier of the 
6manufacturer, on or after January 1, 2020.
7    (c) The prohibitions in subsection (b) do not apply to the 
8following: 
9        (1) An animal test of any cosmetic that is required by 
10    a federal or State regulatory authority, if each of the 
11    following apply:
12            (A) an ingredient is in wide use and cannot be 
13        replaced by another ingredient capable of performing a 
14        similar function;
15            (B) a specific human health problem is 
16        substantiated and the need to conduct animal tests is 
17        justified and supported by a detailed research 
18        protocol proposed as the basis for the evaluation; and
19            (C) there is not a nonanimal alternative method 
20        accepted for the relevant endpoint by the relevant 
21        federal or State regulatory authority. 
22        (2) An animal test that was conducted to comply with a 
23    requirement of a foreign regulatory authority, if no 
24    evidence derived from the test was relied upon to 
25    substantiate the safety of the cosmetic being sold in 
26    Illinois by the manufacturer.
 
 
SB0241 Enrolled- 3 -LRB101 06224 CPF 51249 b

1        (3) An animal test that was conducted on any product or 
2    ingredient subject to the requirements of Subchapter V of 
3    the Federal Food, Drug, and Cosmetic Act.
4        (4) An animal test that was conducted for noncosmetic 
5    purposes in response to a requirement of a federal, State, 
6    or foreign regulatory authority, if no evidence derived 
7    from the test was relied upon to substantiate the safety of 
8    the cosmetic sold in Illinois by the manufacturer. A 
9    manufacturer is not prohibited from reviewing, assessing, 
10    or retaining evidence from an animal test conducted under 
11    this paragraph. 
12    (d) A violation of this Section shall be punishable by an 
13initial civil penalty of $5,000 for the first day of each 
14violation and  an additional civil penalty of $1,000 for each 
15day the violation continues.
16    (e) A violation of this Section may be enforced by the 
17State's Attorney of the county in which the violation occurred. 
18The civil penalty shall be paid to the entity that is 
19authorized to bring the action.
20    (f) A State's Attorney may, upon a determination that there 
21is a reasonable likelihood of a violation of this Section, 
22review the testing data upon which a cosmetic manufacturer has 
23relied in the development or manufacturing of the relevant 
24cosmetic product sold in this State. Information provided under 
25this Section shall be protected as a trade secret as defined in 
26Section 2 of the Illinois Trade Secrets Act. In an action under 
 
 
SB0241 Enrolled- 4 -LRB101 06224 CPF 51249 b

1this Section, a court shall preserve the secrecy of an alleged 
2trade secret by reasonable means, which may include granting 
3protective orders in connection with discovery proceedings, 
4holding in-camera hearings, sealing the records of the action, 
5and ordering any person involved in the litigation not to 
6disclose an alleged trade secret without prior court approval. 
7Consistent with the procedures described in this subsection, a 
8State's Attorney shall enter a protective order with a 
9manufacturer before receipt of information from a manufacturer 
10under this Section, and shall take other appropriate measures 
11necessary to preserve the confidentiality of information 
12provided under this Section.
13    (g) This Section does not apply to animal testing conducted 
14on an ingredient or cosmetic in its final form if the testing 
15took place prior to the effective date of this amendatory Act 
16of the 101st General Assembly.
17    (h) Notwithstanding any other provision of this Section, 
18cosmetic inventory in violation of this Section may be sold for 
19a period of 180 days.
20    (i) A home rule unit may not regulate the testing of 
21cosmetics on animals in a manner inconsistent with the 
22regulation by the State of the testing of cosmetics on animals 
23under this Section. This subsection is a limitation under 
24subsection (i) of Section 6 of Article VII of the Illinois 
25Constitution on the concurrent exercise by home rule units of 
26powers and functions exercised by the State. 
 
 
 
 
SB0241 Enrolled- 5 -LRB101 06224 CPF 51249 b

1    Section 99. Effective date. This Act takes effect upon 
2becoming law.