Bill Text: IL SB0664 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Tobacco Products Compliance Act. Provides that any person who manufactures, fabricates, assembles, processes, or labels a tobacco product or imports a finished tobacco product for sale or distribution in the United States, located in or having a place of business in the State, shall provide written certification of its compliance with labeling provisions of the federal Family Smoking Prevention and Tobacco Control Act of 2009 to the Department of Public Health. Provides for enforcement and rulemaking by the Department of Public Health. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 32-18)
Status: (Passed) 2019-08-26 - Public Act . . . . . . . . . 101-0582 [SB0664 Detail]
Download: Illinois-2019-SB0664-Engrossed.html
Bill Title: Creates the Tobacco Products Compliance Act. Provides that any person who manufactures, fabricates, assembles, processes, or labels a tobacco product or imports a finished tobacco product for sale or distribution in the United States, located in or having a place of business in the State, shall provide written certification of its compliance with labeling provisions of the federal Family Smoking Prevention and Tobacco Control Act of 2009 to the Department of Public Health. Provides for enforcement and rulemaking by the Department of Public Health. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 32-18)
Status: (Passed) 2019-08-26 - Public Act . . . . . . . . . 101-0582 [SB0664 Detail]
Download: Illinois-2019-SB0664-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Tobacco Products Compliance Act.
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6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Person" means any individual, corporation, partnership, | ||||||
8 | firm,
organization
or association. | ||||||
9 | "Tobacco product" means any product made or derived from | ||||||
10 | tobacco, any product containing tobacco, or any product | ||||||
11 | intended for or traditionally used with tobacco, including | ||||||
12 | papers, wraps, tubes, and filters. A product of a type that | ||||||
13 | has, in the past, been used in conjunction with tobacco or | ||||||
14 | nicotine use will be deemed a "tobacco product" regardless of | ||||||
15 | any labeling or descriptive language on such product stating | ||||||
16 | that the product is not intended for use with tobacco or for | ||||||
17 | non-tobacco use only or other similar language.
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18 | Section 10. Compliance reports. Any person who | ||||||
19 | manufactures any tobacco product in the State for distribution | ||||||
20 | or sale in the United States shall be required to provide | ||||||
21 | annually, by June 1, 2020 and by June 1 of each year | ||||||
22 | thereafter, a written certification, including supporting |
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1 | evidence and documentation, of such person's compliance with | ||||||
2 | Sections 903, 904, 905, and 920 of the federal Family Smoking | ||||||
3 | Prevention and Tobacco Control Act to the Illinois Department | ||||||
4 | of Public Health. Such person will also be required to provide, | ||||||
5 | for each tobacco product manufactured, sold, or distributed by | ||||||
6 | the person (including all tobacco products manufactured in the | ||||||
7 | State by the person and all other tobacco products sold or | ||||||
8 | distributed by the person) written evidence and documentation | ||||||
9 | that each such tobacco product, as required by the Tobacco | ||||||
10 | Control Act, is one of the following: (i) "grandfathered" (that | ||||||
11 | is, first introduced into interstate commerce for commercial | ||||||
12 | distribution in the United States on or before February 15, | ||||||
13 | 2007); (ii) "provisional" (that is, first introduced into | ||||||
14 | interstate commerce for commercial distribution in the United | ||||||
15 | States between February 15, 2007 and March 22, 2011, and for | ||||||
16 | which a substantial equivalence report was submitted to the FDA | ||||||
17 | by March 22, 2011); or (iii) determined to be "substantially | ||||||
18 | equivalent" (that is, is the subject of a marketing | ||||||
19 | authorization order from the FDA after review of a premarket | ||||||
20 | submission intended to demonstrate substantial equivalence).
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21 | Section 15. Private right of action. To enforce against a | ||||||
22 | violation of the Act or any rule adopted under this Act by any | ||||||
23 | local government or political subdivision as described in this | ||||||
24 | Act, any interested party may file suit in circuit court in the | ||||||
25 | county where the alleged violation occurred or where any person |
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1 | who is a party to the action resides. Actions may be brought by | ||||||
2 | one or more persons for and on behalf of themselves and other | ||||||
3 | persons similarly situated. If the interested party prevails in | ||||||
4 | its enforcement action, it will be entitled to recover damages | ||||||
5 | of 3 times its attorney's fees and costs, and, in addition, the | ||||||
6 | court or other adjudicating body, at its discretion, may assess | ||||||
7 | punitive damages for any wanton or flagrant violation of the | ||||||
8 | law.
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9 | Section 20. Rulemaking. The Department of Public Health | ||||||
10 | shall adopt rules for the administration and enforcement of | ||||||
11 | this Act.
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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