Public Act 101-0303
 
SB0241 EnrolledLRB101 06224 CPF 51249 b


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



 
 
    Section 5. The Illinois Food, Drug and Cosmetic Act is 
amended  by adding Section 17.2 as follows:
 
    (410 ILCS 620/17.2 new)
    Sec. 17.2. Cosmetic testing on animals.
    (a) In this Section: 
        "Animal test" means the internal or external 
    application of a cosmetic, either in its final form or any 
    ingredient thereof, to the skin, eyes, or other body part 
    of a live, nonhuman vertebrate.
        "Cosmetic" has the meaning provided in Section 2 of 
    this Act.
        "Ingredient" means any component of a cosmetic product 
    as defined by Section 700.3 of Title 21 of the Code of 
    Federal Regulations.
        "Manufacturer" means any person whose name appears on 
    the label of a cosmetic in package form under Section 
    701.12 of Title 21 of the Code of Federal Regulations.
        "Supplier" means any entity that supplies, directly or 
    through a third party, any ingredient used in the 
    formulation of a manufacturer's cosmetic. 
    (b) Notwithstanding any other law, it is unlawful for a 
manufacturer to import for profit, sell, or offer for sale in 
this State any cosmetic, if the cosmetic was developed or 
manufactured using an animal test that was conducted or 
contracted by the manufacturer, or any supplier of the 
manufacturer, on or after January 1, 2020.
    (c) The prohibitions in subsection (b) do not apply to the 
following: 
        (1) An animal test of any cosmetic that is required by 
    a federal or State regulatory authority, if each of the 
    following apply:
            (A) an ingredient is in wide use and cannot be 
        replaced by another ingredient capable of performing a 
        similar function;
            (B) a specific human health problem is 
        substantiated and the need to conduct animal tests is 
        justified and supported by a detailed research 
        protocol proposed as the basis for the evaluation; and
            (C) there is not a nonanimal alternative method 
        accepted for the relevant endpoint by the relevant 
        federal or State regulatory authority. 
        (2) An animal test that was conducted to comply with a 
    requirement of a foreign regulatory authority, if no 
    evidence derived from the test was relied upon to 
    substantiate the safety of the cosmetic being sold in 
    Illinois by the manufacturer.
        (3) An animal test that was conducted on any product or 
    ingredient subject to the requirements of Subchapter V of 
    the Federal Food, Drug, and Cosmetic Act.
        (4) An animal test that was conducted for noncosmetic 
    purposes in response to a requirement of a federal, State, 
    or foreign regulatory authority, if no evidence derived 
    from the test was relied upon to substantiate the safety of 
    the cosmetic sold in Illinois by the manufacturer. A 
    manufacturer is not prohibited from reviewing, assessing, 
    or retaining evidence from an animal test conducted under 
    this paragraph. 
    (d) A violation of this Section shall be punishable by an 
initial civil penalty of $5,000 for the first day of each 
violation and  an additional civil penalty of $1,000 for each 
day the violation continues.
    (e) A violation of this Section may be enforced by the 
State's Attorney of the county in which the violation occurred. 
The civil penalty shall be paid to the entity that is 
authorized to bring the action.
    (f) A State's Attorney may, upon a determination that there 
is a reasonable likelihood of a violation of this Section, 
review the testing data upon which a cosmetic manufacturer has 
relied in the development or manufacturing of the relevant 
cosmetic product sold in this State. Information provided under 
this Section shall be protected as a trade secret as defined in 
Section 2 of the Illinois Trade Secrets Act. In an action under 
this Section, a court shall preserve the secrecy of an alleged 
trade secret by reasonable means, which may include granting 
protective orders in connection with discovery proceedings, 
holding in-camera hearings, sealing the records of the action, 
and ordering any person involved in the litigation not to 
disclose an alleged trade secret without prior court approval. 
Consistent with the procedures described in this subsection, a 
State's Attorney shall enter a protective order with a 
manufacturer before receipt of information from a manufacturer 
under this Section, and shall take other appropriate measures 
necessary to preserve the confidentiality of information 
provided under this Section.
    (g) This Section does not apply to animal testing conducted 
on an ingredient or cosmetic in its final form if the testing 
took place prior to the effective date of this amendatory Act 
of the 101st General Assembly.
    (h) Notwithstanding any other provision of this Section, 
cosmetic inventory in violation of this Section may be sold for 
a period of 180 days.
    (i) A home rule unit may not regulate the testing of 
cosmetics on animals in a manner inconsistent with the 
regulation by the State of the testing of cosmetics on animals 
under this Section. This subsection is a limitation under 
subsection (i) of Section 6 of Article VII of the Illinois 
Constitution on the concurrent exercise by home rule units of 
powers and functions exercised by the State. 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  

Effective Date:  8/9/2019