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| Public Act 101-0303 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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