HB4400 104TH GENERAL ASSEMBLY

LRB104 16652 BDA 30056 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4400

Introduced 1/14/2026, by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:

510 ILCS 87/1
510 ILCS 87/5
510 ILCS 87/10
510 ILCS 87/15 new

Amends the Protection of Dogs and Cats from Unnecessary Testing Act. Changes the short title of the Act to the Protection of Animals from Unnecessary Testing Act. Adds definitions of "animal" and "traditional animal test method". In provisions regarding a prohibition on the use of dogs or cats in toxicological experiments, limits the enforcement provisions to cover only the provisions regarding the prohibition on the use of dogs or cats in toxicological experiments. Prohibits a testing facility from using a traditional animal test method if an agency has approved an alternative test method or strategy or been granted a waiver. Provides for exceptions from that prohibition. Provides that, on January 20, 2028, and every January 20 thereafter, every testing facility shall report specified animal testing information to the Attorney General. Requires the Attorney General to make those reports publicly available within 90 days. Provides for enforcement of the prohibition against traditional animal test methods. Makes technical changes. Effective January 1, 2027.

A BILL FOR

AN ACT concerning animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Protection of Dogs and Cats from Unnecessary Testing Act is amended by changing Sections 1, 5, and 10 and by adding Section 15 as follows:

(510 ILCS 87/1)

Sec. 1. Short title. This Act may be cited as the Protection of Animals Dogs and Cats from Unnecessary Testing Act.

(Source: P.A. 103-238, eff. 6-30-23.)

(510 ILCS 87/5)

Sec. 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 Interagency Inter-Agency Coordinating Committee on 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.

"Animal" means a vertebrate other than a human.

"Cat" means a small domesticated carnivorous mammal that is a member of the family Felidae, order Carnivora.

"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 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.

"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.

"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.

"Dog" means any member of the species Canis familiaris.

"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 States Code.

"Traditional animal test method" means a process, procedure, or experiment that uses one or more animals to obtain information on the characteristics of a chemical, ingredient, drug, vaccine, or product and that generates information regarding the ability of the chemical, ingredient, drug, vaccine, or product to produce a specific biological effect under specified conditions.

(Source: P.A. 103-238, eff. 6-30-23; revised 6-26-25.)

(510 ILCS 87/10)

Sec. 10. Prohibition on the use of dogs or cats in toxicological experiments; exemptions; enforcement.

(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:

(1) Medical research.

(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.

(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.

(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 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.

(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.

(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.

(b)(1) The Attorney General or a State's Attorney in the county in which a violation of this Section Act occurred may bring an action in the name of the People of the State to enforce the provisions of this Section Act.

(2) Whenever the Attorney General, or a State's Attorney in the county in which a violation of this Section Act occurred, has reason to believe that a testing facility has in engaged in or is engaging in any practice in violation of this Section 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.

(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.

(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.

(Source: P.A. 103-238, eff. 6-30-23.)

(510 ILCS 87/15 new)

Sec. 15. Traditional animal test methods prohibited under certain circumstances.

(a) It is unlawful for a testing facility to use a traditional animal test method in this State if an agency responsible for regulating the specific product or activity for which the test method is being used has either:

(1) approved an alternative test method or strategy; or

(2) made available or granted a waiver from using a traditional animal test method.

(b) This Section does not apply to any animal research conducted for the purposes of medical research.

(c) This Section does not prohibit the use of any nonanimal test method or strategy for the testing of any chemical, ingredient, drug, vaccine, or product that is not an alternative test method.

(d) This Section does not prohibit the use of traditional animal test methods to comply with requirements of a State or federal agency, provided that no testing is conducted in violation of Section 10.

(e) This Section does not prohibit the use of traditional animal test methods to comply with a written request from a State or federal agency if the agency has approved an alternative test method but has also expressly concluded that a traditional animal test method is needed to fully assess the impacts on the health or safety of consumers, provided that no testing is conducted in violation of Section 10.

(f) This Section does not prohibit the continued use of a traditional animal test method that was initiated before the effective date of this amendatory Act of the 104th General Assembly, provided that such traditional animal test method is employed solely for the completion of that specific test.

(g) This Section does not prohibit the use of a traditional animal test method that was initiated before agency approval of an alternative test method, provided that the traditional animal test method is employed solely for the completion of that specific test.

(h) On January 20, 2028, and every January 20 thereafter, every testing facility in the State shall report to the Attorney General regarding any traditional animal test methods conducted during the previous year. The report shall include the number and species of animal used, the type and number of alternative test methods used, the number of waivers used, and the purpose of the use of any traditional animal test methods, alternative test methods or strategies, and waivers. The Attorney General shall make the results of this data collection publicly available no later than 90 days after receiving the report.

(i) The exclusive remedy for enforcing this Section shall be the Attorney General bringing a civil action in a court of competent jurisdiction to restrain the violation and for other further relief as the court shall determine is proper.

Section 99. Effective date. This Act takes effect January 1, 2027.