SB1882 EngrossedLRB103 27260 RLC 53631 b

1    AN ACT concerning animals.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Protection of Dogs and Cats from Unnecessary Testing Act.
6    Section 5. Definitions. In this Act:
7    "Alternative test method" means a test method that does
8not use animals, or in some cases reduces or refines the use of
9animals, for which the reliability and relevance for a
10specific purpose has been established by validation bodies,
11including, but not limited to, the Inter-Agency Coordinating
12Committee for the Validation of Alternative Methods and the
13Organisation for Economic Co-operation and Development.
14Alternative test methods include, but are not limited to,
15high-throughput screening methods, testing of categories of
16chemical substances, tiered testing methods, in vitro studies,
17and systems biology.
18    "Cat" means a small domesticated carnivorous mammal that
19is a member of the family Felidae, order Carnivora.
20    "Canine or feline toxicological experiment" means any test
21or study of any duration that seeks to determine the effect, if
22any, of the application or exposure, whether internal or
23external, of any amount of a chemical substance on a dog or



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1cat. "Application or exposure" includes, but is not limited
2to, oral ingestion, skin or eye contact, or inhalation.
3"Application or exposure" does not include testing of
4veterinary products for canine or feline health.
5    "Chemical substance" means any organic or inorganic
6substance, including, but not limited to, a drug, as defined
7in Section 321(g) of Title 21 of the United States Code, a
8pesticide, as defined in Section 136(u) of Title 7 of the
9United States Code, a chemical substance, as defined in
10Section 2602(2) of Title 15 of the United States Code, or a
11food additive, as defined in Section 321(s) of Title 21 of the
12United States Code.
13    "Testing facility" means any partnership, corporation,
14association, school, institution, organization, or other legal
15relationship, whether privately or government owned, leased,
16or operated, that tests chemicals, ingredients, product
17formulations, or products in this State.
18    "Dog" means any member of the species Canis familiaris.
19    "Medical research" means research related to the causes,
20progression, diagnosis, treatment, control, or prevention of
21physical or mental diseases and impairments or chronic
22conditions of humans or animals or related to the development
23of biomedical products or devices, as defined under Section
24321(h) of Title 21 of the United States Code. Medical research
25does not include research related to the development of drugs
26as defined in Section 321(g)(1) of Title 21 of the United



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1States Code.
2    Section 10. Prohibition on the use of dogs or cats in
3toxicological experiments; exemptions; enforcement.
4    (a) Notwithstanding any law to the contrary, and in
5addition to the prohibitions set forth in law, a testing
6facility shall not conduct a canine or feline toxicological
7experiment in this State unless the experiment is conducted
8for any of the following purposes:
9        (1) Medical research.
10        (2) To comply with federal requirements pertaining to
11    the approval or maintenance of a medical device, as
12    defined under Section 321(h) of Title 21 of the United
13    States Code.
14        (3) To achieve discovery, approval, or maintenance of
15    a drug, pursuant to a testing requirement imposed by the
16    United States Food and Drug Administration under Section
17    505 or 512 of the Federal Food, Drug, and Cosmetic Act or
18    Section 351 of the Public Health Service Act or any
19    binding agency regulation promulgated upon notice and
20    comment thereunder, if the United States Food and Drug
21    Administration has not otherwise expressly authorized drug
22    manufacturers to use alternative test methods.
23        (4) To achieve discovery, approval, or maintenance of
24    a biologic, pursuant to a testing requirement imposed by
25    the United States Department of Agriculture under the



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1    Virus-Serum-Toxin Act or any binding agency regulation
2    promulgated upon notice and comment thereunder, if the
3    United States Department of Agriculture has not concluded
4    that waivers shall be granted for the experimentation or
5    studies or expressly indicated acceptance of alternative
6    test methods.
7        (5) To achieve discovery, approval, registration, or
8    maintenance of a pesticide, pursuant to a testing
9    requirement imposed by the United States Environmental
10    Protection Agency pursuant to the Federal Insecticide,
11    Fungicide, and Rodenticide Act, or any binding agency
12    regulation promulgated upon notice and comment thereunder,
13    if the Environmental Protection Agency has not concluded
14    that waivers shall be granted for such experimentation or
15    studies or expressly indicated acceptance of alternative
16    test methods.
17        (6) To comply with a requirement to conduct the
18    experiment under the Toxic Substances Control Act, if the
19    United States Environmental Protection Agency has not,
20    pursuant to Section 2603(h) of Title 15 of the United
21    States Code, concluded that waivers shall be granted for
22    such experimentation or studies or expressly indicated
23    acceptance of testing methods alternative to laboratory
24    animal testing, including, but not limited to, in vitro,
25    in silico, and in chemico approaches for identifying skin
26    sensitization hazards.



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1    (b)(1) The Attorney General or a State's Attorney in the
2county in which a violation of this Act occurred may bring an
3action in the name of the People of the State to enforce the
4provisions of this Act.
5    (2) Whenever the Attorney General, or a State's Attorney
6in the county in which a violation of this Act occurred, has
7reason to believe that a testing facility has in engaged in or
8is engaging in any practice in violation of this Act, and that
9proceedings would be in the public interest, he or she may
10bring an action in the name of the People of the State against
11such testing facility to restrain by preliminary or permanent
12injunction the use of that practice.
13    (3) If the court determines that the Attorney General or
14State's Attorney is the prevailing party in an action filed
15pursuant to paragraph (1), the official may recover a civil
16penalty not to exceed $5,000 for each day that each dog or each
17cat is used in a canine or feline toxicological experiment in
18violation of this Section. In addition to the civil penalty,
19the official may also recover court costs and attorney's fees.
20    (c) The prohibition in subsection (a) does not apply to
21testing or experimentation conducted for the purpose of
22developing, manufacturing, or marketing any product intended
23for beneficial use in dogs or cats.
24    Section 97. Severability. The provisions of this Act are
25severable under Section 1.31 of the Statute on Statutes.



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