Sen. Linda Holmes

Adopted in Senate on Oct 29, 2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 558

2    AMENDMENT NO. ______. Amend Senate Bill 558 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Food, Drug and Cosmetic Act is
5amended by changing Section 17.2 as follows:
 
6    (410 ILCS 620/17.2)
7    Sec. 17.2. Cosmetic testing on animals.
8    (a) In this Section:
9    "Animal test" means the internal or external application of
10a cosmetic, either in its final form or any ingredient thereof,
11to the skin, eyes, or other body part of a live, nonhuman
12vertebrate.
13    "Cosmetic" has the meaning provided in Section 2 of this
14Act.
15    "Ingredient" means any component of a cosmetic product as
16defined by Section 700.3 of Title 21 of the Code of Federal

 

 

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1Regulations.
2    "Manufacturer" means any person whose name appears on the
3label of a cosmetic in package form under Section 701.12 of
4Title 21 of the Code of Federal Regulations.
5    "Supplier" means any entity that supplies, directly or
6through a third party, any ingredient used in the formulation
7of a manufacturer's cosmetic.
8    (b) Notwithstanding any other law, it is unlawful for a
9manufacturer to import for profit, sell, or offer for sale in
10this State any cosmetic, if the cosmetic was developed or
11manufactured using an animal test that was conducted or
12contracted by the manufacturer, or any supplier of the
13manufacturer, on or after January 1, 2020.
14    (c) The prohibitions in subsection (b) do not apply to the
15following:
16        (1) An animal test of any cosmetic that is required by
17    a federal or State regulatory authority, if each of the
18    following apply:
19            (A) an ingredient is in wide use and cannot be
20        replaced by another ingredient capable of performing a
21        similar function;
22            (B) a specific human health problem is
23        substantiated and the need to conduct animal tests is
24        justified and supported by a detailed research
25        protocol proposed as the basis for the evaluation; and
26            (C) there is not a nonanimal alternative method

 

 

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1        accepted for the relevant endpoint by the relevant
2        federal or State regulatory authority.
3        (2) An animal test that was conducted to comply with a
4    requirement of a foreign regulatory authority, if no
5    evidence derived from the test was relied upon to
6    substantiate the safety of the cosmetic being sold in
7    Illinois by the manufacturer.
8        (3) An animal test that was conducted on any product or
9    ingredient subject to the requirements of Subchapter V of
10    the Federal Food, Drug, and Cosmetic Act.
11        (4) An animal test that was conducted for noncosmetic
12    purposes in response to a requirement of a federal, State,
13    or foreign regulatory authority, if no evidence derived
14    from the test was relied upon by the manufacturer to
15    substantiate the safety of the cosmetic sold within this
16    State, unless both of the following apply:
17            (A) there is documented evidence of the
18        noncosmetic intent of the test; and
19            (B) there is a history of use of the ingredient
20        outside of cosmetics at least 12 months prior to the
21        test being conducted. to substantiate the safety of the
22        cosmetic sold in Illinois by the manufacturer. A
23        manufacturer is not prohibited from reviewing,
24        assessing, or retaining evidence from an animal test
25        conducted under this paragraph.
26    (d) A violation of this Section shall be punishable by an

 

 

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1initial civil penalty of $5,000 for the first day of each
2violation and an additional civil penalty of $1,000 for each
3day the violation continues.
4    (e) A violation of this Section may be enforced by the
5State's Attorney of the county in which the violation occurred.
6The civil penalty shall be paid to the entity that is
7authorized to bring the action.
8    (f) A State's Attorney may, upon a determination that there
9is a reasonable likelihood of a violation of this Section,
10review the testing data upon which a cosmetic manufacturer has
11relied in the development or manufacturing of the relevant
12cosmetic product sold in this State. Information provided under
13this Section shall be protected as a trade secret as defined in
14Section 2 of the Illinois Trade Secrets Act. In an action under
15this Section, a court shall preserve the secrecy of an alleged
16trade secret by reasonable means, which may include granting
17protective orders in connection with discovery proceedings,
18holding in-camera hearings, sealing the records of the action,
19and ordering any person involved in the litigation not to
20disclose an alleged trade secret without prior court approval.
21Consistent with the procedures described in this subsection, a
22State's Attorney shall enter a protective order with a
23manufacturer before receipt of information from a manufacturer
24under this Section, and shall take other appropriate measures
25necessary to preserve the confidentiality of information
26provided under this Section.

 

 

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1    (g) This Section does not apply to:
2        (1) animal testing conducted on an ingredient or
3    cosmetic in its final form if the testing took place prior
4    to the effective date of this amendatory Act of the 101st
5    General Assembly; or
6        (2) a manufacturer reviewing, assessing, or retaining
7    information, data, or evidence obtained from animal
8    testing. This Section does not apply to animal testing
9    conducted on an ingredient or cosmetic in its final form if
10    the testing took place prior to the effective date of this
11    amendatory Act of the 101st General Assembly.
12    (h) Notwithstanding any other provision of this Section,
13cosmetic inventory in violation of this Section may be sold on
14or before June 1, 2020 for a period of 180 days.
15    (i) A home rule unit may not regulate the testing of
16cosmetics on animals in a manner inconsistent with the
17regulation by the State of the testing of cosmetics on animals
18under this Section. This subsection is a limitation under
19subsection (i) of Section 6 of Article VII of the Illinois
20Constitution on the concurrent exercise by home rule units of
21powers and functions exercised by the State.
22(Source: P.A. 101-303, eff. 8-9-19.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".