Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1882 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0238
2	1		SB1882 EnrolledLRB103 27260 RLC 53631 b SB1882 Enrolled LRB103 27260 RLC 53631 b
3	2		SB1882 Enrolled LRB103 27260 RLC 53631 b
4		-	AN ACT concerning animals.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. Short title. This Act may be cited as the
8		-	Protection of Dogs and Cats from Unnecessary Testing Act.
9		-	Section 5. Definitions. In this Act:
10		-	"Alternative test method" means a test method that does
11		-	not use animals, or in some cases reduces or refines the use of
12		-	animals, for which the reliability and relevance for a
13		-	specific purpose has been established by validation bodies,
14		-	including, but not limited to, the Inter-Agency Coordinating
15		-	Committee for the Validation of Alternative Methods and the
16		-	Organisation for Economic Co-operation and Development.
17		-	Alternative test methods include, but are not limited to,
18		-	high-throughput screening methods, testing of categories of
19		-	chemical substances, tiered testing methods, in vitro studies,
20		-	and systems biology.
21		-	"Cat" means a small domesticated carnivorous mammal that
22		-	is a member of the family Felidae, order Carnivora.
23		-	"Canine or feline toxicological experiment" means any test
24		-	or study of any duration that seeks to determine the effect, if
25		-	any, of the application or exposure, whether internal or
26		-	external, of any amount of a chemical substance on a dog or
	3	+	1 AN ACT concerning animals.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. Short title. This Act may be cited as the
	7	+	5 Protection of Dogs and Cats from Unnecessary Testing Act.
	8	+	6 Section 5. Definitions. In this Act:
	9	+	7 "Alternative test method" means a test method that does
	10	+	8 not use animals, or in some cases reduces or refines the use of
	11	+	9 animals, for which the reliability and relevance for a
	12	+	10 specific purpose has been established by validation bodies,
	13	+	11 including, but not limited to, the Inter-Agency Coordinating
	14	+	12 Committee for the Validation of Alternative Methods and the
	15	+	13 Organisation for Economic Co-operation and Development.
	16	+	14 Alternative test methods include, but are not limited to,
	17	+	15 high-throughput screening methods, testing of categories of
	18	+	16 chemical substances, tiered testing methods, in vitro studies,
	19	+	17 and systems biology.
	20	+	18 "Cat" means a small domesticated carnivorous mammal that
	21	+	19 is a member of the family Felidae, order Carnivora.
	22	+	20 "Canine or feline toxicological experiment" means any test
	23	+	21 or study of any duration that seeks to determine the effect, if
	24	+	22 any, of the application or exposure, whether internal or
	25	+	23 external, of any amount of a chemical substance on a dog or
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28	27
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33		-	cat. "Application or exposure" includes, but is not limited
34		-	to, oral ingestion, skin or eye contact, or inhalation.
35		-	"Application or exposure" does not include testing of
36		-	veterinary products for canine or feline health.
37		-	"Chemical substance" means any organic or inorganic
38		-	substance, including, but not limited to, a drug, as defined
39		-	in Section 321(g) of Title 21 of the United States Code, a
40		-	pesticide, as defined in Section 136(u) of Title 7 of the
41		-	United States Code, a chemical substance, as defined in
42		-	Section 2602(2) of Title 15 of the United States Code, or a
43		-	food additive, as defined in Section 321(s) of Title 21 of the
44		-	United States Code.
45		-	"Testing facility" means any partnership, corporation,
46		-	association, school, institution, organization, or other legal
47		-	relationship, whether privately or government owned, leased,
48		-	or operated, that tests chemicals, ingredients, product
49		-	formulations, or products in this State.
50		-	"Dog" means any member of the species Canis familiaris.
51		-	"Medical research" means research related to the causes,
52		-	progression, diagnosis, treatment, control, or prevention of
53		-	physical or mental diseases and impairments or chronic
54		-	conditions of humans or animals or related to the development
55		-	of biomedical products or devices, as defined under Section
56		-	321(h) of Title 21 of the United States Code. Medical research
57		-	does not include research related to the development of drugs
58		-	as defined in Section 321(g)(1) of Title 21 of the United
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	33	+	SB1882 Enrolled - 2 - LRB103 27260 RLC 53631 b
	34	+	1 cat. "Application or exposure" includes, but is not limited
	35	+	2 to, oral ingestion, skin or eye contact, or inhalation.
	36	+	3 "Application or exposure" does not include testing of
	37	+	4 veterinary products for canine or feline health.
	38	+	5 "Chemical substance" means any organic or inorganic
	39	+	6 substance, including, but not limited to, a drug, as defined
	40	+	7 in Section 321(g) of Title 21 of the United States Code, a
	41	+	8 pesticide, as defined in Section 136(u) of Title 7 of the
	42	+	9 United States Code, a chemical substance, as defined in
	43	+	10 Section 2602(2) of Title 15 of the United States Code, or a
	44	+	11 food additive, as defined in Section 321(s) of Title 21 of the
	45	+	12 United States Code.
	46	+	13 "Testing facility" means any partnership, corporation,
	47	+	14 association, school, institution, organization, or other legal
	48	+	15 relationship, whether privately or government owned, leased,
	49	+	16 or operated, that tests chemicals, ingredients, product
	50	+	17 formulations, or products in this State.
	51	+	18 "Dog" means any member of the species Canis familiaris.
	52	+	19 "Medical research" means research related to the causes,
	53	+	20 progression, diagnosis, treatment, control, or prevention of
	54	+	21 physical or mental diseases and impairments or chronic
	55	+	22 conditions of humans or animals or related to the development
	56	+	23 of biomedical products or devices, as defined under Section
	57	+	24 321(h) of Title 21 of the United States Code. Medical research
	58	+	25 does not include research related to the development of drugs
	59	+	26 as defined in Section 321(g)(1) of Title 21 of the United
59	60
60	61
61		-	States Code.
62		-	Section 10. Prohibition on the use of dogs or cats in
63		-	toxicological experiments; exemptions; enforcement.
64		-	(a) Notwithstanding any law to the contrary, and in
65		-	addition to the prohibitions set forth in law, a testing
66		-	facility shall not conduct a canine or feline toxicological
67		-	experiment in this State unless the experiment is conducted
68		-	for any of the following purposes:
69		-	(1) Medical research.
70		-	(2) To comply with federal requirements pertaining to
71		-	the approval or maintenance of a medical device, as
72		-	defined under Section 321(h) of Title 21 of the United
73		-	States Code.
74		-	(3) To achieve discovery, approval, or maintenance of
75		-	a drug, pursuant to a testing requirement imposed by the
76		-	United States Food and Drug Administration under Section
77		-	505 or 512 of the Federal Food, Drug, and Cosmetic Act or
78		-	Section 351 of the Public Health Service Act or any
79		-	binding agency regulation promulgated upon notice and
80		-	comment thereunder, if the United States Food and Drug
81		-	Administration has not otherwise expressly authorized drug
82		-	manufacturers to use alternative test methods.
83		-	(4) To achieve discovery, approval, or maintenance of
84		-	a biologic, pursuant to a testing requirement imposed by
85		-	the United States Department of Agriculture under the
86	62
87	63
88		-	Virus-Serum-Toxin Act or any binding agency regulation
89		-	promulgated upon notice and comment thereunder, if the
90		-	United States Department of Agriculture has not concluded
91		-	that waivers shall be granted for the experimentation or
92		-	studies or expressly indicated acceptance of alternative
93		-	test methods.
94		-	(5) To achieve discovery, approval, registration, or
95		-	maintenance of a pesticide, pursuant to a testing
96		-	requirement imposed by the United States Environmental
97		-	Protection Agency pursuant to the Federal Insecticide,
98		-	Fungicide, and Rodenticide Act, or any binding agency
99		-	regulation promulgated upon notice and comment thereunder,
100		-	if the Environmental Protection Agency has not concluded
101		-	that waivers shall be granted for such experimentation or
102		-	studies or expressly indicated acceptance of alternative
103		-	test methods.
104		-	(6) To comply with a requirement to conduct the
105		-	experiment under the Toxic Substances Control Act, if the
106		-	United States Environmental Protection Agency has not,
107		-	pursuant to Section 2603(h) of Title 15 of the United
108		-	States Code, concluded that waivers shall be granted for
109		-	such experimentation or studies or expressly indicated
110		-	acceptance of testing methods alternative to laboratory
111		-	animal testing, including, but not limited to, in vitro,
112		-	in silico, and in chemico approaches for identifying skin
113		-	sensitization hazards.
	64	+
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116		-	(b)(1) The Attorney General or a State's Attorney in the
117		-	county in which a violation of this Act occurred may bring an
118		-	action in the name of the People of the State to enforce the
119		-	provisions of this Act.
120		-	(2) Whenever the Attorney General, or a State's Attorney
121		-	in the county in which a violation of this Act occurred, has
122		-	reason to believe that a testing facility has in engaged in or
123		-	is engaging in any practice in violation of this Act, and that
124		-	proceedings would be in the public interest, he or she may
125		-	bring an action in the name of the People of the State against
126		-	such testing facility to restrain by preliminary or permanent
127		-	injunction the use of that practice.
128		-	(3) If the court determines that the Attorney General or
129		-	State's Attorney is the prevailing party in an action filed
130		-	pursuant to paragraph (1), the official may recover a civil
131		-	penalty not to exceed $5,000 for each day that each dog or each
132		-	cat is used in a canine or feline toxicological experiment in
133		-	violation of this Section. In addition to the civil penalty,
134		-	the official may also recover court costs and attorney's fees.
135		-	(c) The prohibition in subsection (a) does not apply to
136		-	testing or experimentation conducted for the purpose of
137		-	developing, manufacturing, or marketing any product intended
138		-	for beneficial use in dogs or cats.
139		-	Section 97. Severability. The provisions of this Act are
140		-	severable under Section 1.31 of the Statute on Statutes.
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	69	+	SB1882 Enrolled - 3 - LRB103 27260 RLC 53631 b
	70	+	1 States Code.
	71	+	2 Section 10. Prohibition on the use of dogs or cats in
	72	+	3 toxicological experiments; exemptions; enforcement.
	73	+	4 (a) Notwithstanding any law to the contrary, and in
	74	+	5 addition to the prohibitions set forth in law, a testing
	75	+	6 facility shall not conduct a canine or feline toxicological
	76	+	7 experiment in this State unless the experiment is conducted
	77	+	8 for any of the following purposes:
	78	+	9 (1) Medical research.
	79	+	10 (2) To comply with federal requirements pertaining to
	80	+	11 the approval or maintenance of a medical device, as
	81	+	12 defined under Section 321(h) of Title 21 of the United
	82	+	13 States Code.
	83	+	14 (3) To achieve discovery, approval, or maintenance of
	84	+	15 a drug, pursuant to a testing requirement imposed by the
	85	+	16 United States Food and Drug Administration under Section
	86	+	17 505 or 512 of the Federal Food, Drug, and Cosmetic Act or
	87	+	18 Section 351 of the Public Health Service Act or any
	88	+	19 binding agency regulation promulgated upon notice and
	89	+	20 comment thereunder, if the United States Food and Drug
	90	+	21 Administration has not otherwise expressly authorized drug
	91	+	22 manufacturers to use alternative test methods.
	92	+	23 (4) To achieve discovery, approval, or maintenance of
	93	+	24 a biologic, pursuant to a testing requirement imposed by
	94	+	25 the United States Department of Agriculture under the
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143		-	Section 99. Effective date. This Act takes effect upon
144		-	becoming law.
	97	+
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	104	+	SB1882 Enrolled - 4 - LRB103 27260 RLC 53631 b
	105	+	1 Virus-Serum-Toxin Act or any binding agency regulation
	106	+	2 promulgated upon notice and comment thereunder, if the
	107	+	3 United States Department of Agriculture has not concluded
	108	+	4 that waivers shall be granted for the experimentation or
	109	+	5 studies or expressly indicated acceptance of alternative
	110	+	6 test methods.
	111	+	7 (5) To achieve discovery, approval, registration, or
	112	+	8 maintenance of a pesticide, pursuant to a testing
	113	+	9 requirement imposed by the United States Environmental
	114	+	10 Protection Agency pursuant to the Federal Insecticide,
	115	+	11 Fungicide, and Rodenticide Act, or any binding agency
	116	+	12 regulation promulgated upon notice and comment thereunder,
	117	+	13 if the Environmental Protection Agency has not concluded
	118	+	14 that waivers shall be granted for such experimentation or
	119	+	15 studies or expressly indicated acceptance of alternative
	120	+	16 test methods.
	121	+	17 (6) To comply with a requirement to conduct the
	122	+	18 experiment under the Toxic Substances Control Act, if the
	123	+	19 United States Environmental Protection Agency has not,
	124	+	20 pursuant to Section 2603(h) of Title 15 of the United
	125	+	21 States Code, concluded that waivers shall be granted for
	126	+	22 such experimentation or studies or expressly indicated
	127	+	23 acceptance of testing methods alternative to laboratory
	128	+	24 animal testing, including, but not limited to, in vitro,
	129	+	25 in silico, and in chemico approaches for identifying skin
	130	+	26 sensitization hazards.
	131	+
	132	+
	133	+
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	136	+	SB1882 Enrolled - 4 - LRB103 27260 RLC 53631 b
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	141	+	1 (b)(1) The Attorney General or a State's Attorney in the
	142	+	2 county in which a violation of this Act occurred may bring an
	143	+	3 action in the name of the People of the State to enforce the
	144	+	4 provisions of this Act.
	145	+	5 (2) Whenever the Attorney General, or a State's Attorney
	146	+	6 in the county in which a violation of this Act occurred, has
	147	+	7 reason to believe that a testing facility has in engaged in or
	148	+	8 is engaging in any practice in violation of this Act, and that
	149	+	9 proceedings would be in the public interest, he or she may
	150	+	10 bring an action in the name of the People of the State against
	151	+	11 such testing facility to restrain by preliminary or permanent
	152	+	12 injunction the use of that practice.
	153	+	13 (3) If the court determines that the Attorney General or
	154	+	14 State's Attorney is the prevailing party in an action filed
	155	+	15 pursuant to paragraph (1), the official may recover a civil
	156	+	16 penalty not to exceed $5,000 for each day that each dog or each
	157	+	17 cat is used in a canine or feline toxicological experiment in
	158	+	18 violation of this Section. In addition to the civil penalty,
	159	+	19 the official may also recover court costs and attorney's fees.
	160	+	20 (c) The prohibition in subsection (a) does not apply to
	161	+	21 testing or experimentation conducted for the purpose of
	162	+	22 developing, manufacturing, or marketing any product intended
	163	+	23 for beneficial use in dogs or cats.
	164	+	24 Section 97. Severability. The provisions of this Act are
	165	+	25 severable under Section 1.31 of the Statute on Statutes.
	166	+
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	168	+
	169	+
	170	+
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	175	+	SB1882 Enrolled - 6 - LRB103 27260 RLC 53631 b
	176	+	1 Section 99. Effective date. This Act takes effect upon
	177	+	2 becoming law.
	178	+
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	183	+	SB1882 Enrolled - 6 - LRB103 27260 RLC 53631 b