HB6026 99TH GENERAL ASSEMBLY

LRB099 19016 MJP 43405 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6026

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:

720 ILCS 675/1.5

Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Defines "electronic cigarette" and "electronic cigarette liquids". Contains provisions limiting the advertising and marketing of electronic cigarettes and electronic cigarette liquids targeted at persons under the age of 18 by manufacturers and retailers of such products. Contains provisions discontinuing and prohibiting the outdoor advertising and transit advertising of electronic cigarettes and electronic cigarette liquids by manufacturers and retailers of such products.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act is amended by changing Section 1.5 as follows:

(720 ILCS 675/1.5)

(Text of Section before amendment by P.A. 99-496)

Sec. 1.5. Distribution of alternative nicotine products to persons under 18 years of age prohibited; limitations on advertising and marketing electronic cigarettes.

(a) For the purposes of this Section, "alternative nicotine product" means a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in Section 1 of this Act and any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.

"Electronic cigarette" means a battery-operated device that contains a combination of nicotine, flavor, or chemicals or any combination thereof that are turned into vapor which is inhaled by the user.

"Electronic cigarette liquids" means liquids sold and marketed for the refilling of electronic cigarettes.

(b) A person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, may not sell, offer for sale, give, or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, to a person under 18 years of age.

(c) Before selling, offering for sale, giving, or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, giving, or furnishing the alternative nicotine product shall verify that the person is at least 18 years of age by:

(1) examining from any person that appears to be under 27 years of age a government-issued photographic identification that establishes the person is at least 18 years of age or

(2) for sales made though the Internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is 18 years of age or older.

(d) The following limitations on the advertising and marketing of electronic cigarettes and electronic cigarette liquids shall apply:

(1) No manufacturer or retailer of electronic cigarettes or electronic cigarette liquids shall take any action, directly, or indirectly, to target persons under the age of 18 in the advertising, promotion, or marketing of electronic cigarettes or electronic cigarette liquids.

(2) No manufacturer or retailer of electronic cigarettes or electronic cigarette liquids shall take any action the primary purpose of which is to initiate, maintain, or increase the incidence of electronic cigarette use by persons under the age of 18.

(3) No manufacturer or retailer of electronic cigarettes or electronic cigarette liquids shall use or cause to be used any cartoon in the advertising, promotion, packaging, or labeling of such products.

(4) No manufacturer of electronic cigarettes or electronic cigarette liquids may engage in brand name sponsorship in the State at events at which the intended audience is comprised of a significant percentage of persons under the age of 18. Such events shall include concerts and athletic events.

(5) Manufacturers and retailers of electronic cigarettes or electronic cigarette liquids shall discontinue all outdoor and transit advertising for electronic cigarettes or electronic cigarette liquids within 150 days after the effective date of this amendatory Act of the 99th General Assembly. After these 150 days, no manufacturer or retailer of electronic cigarettes or electronic cigarette liquids shall place or cause to be placed any outdoor advertising or transit advertising for electronic cigarettes or electronic cigarette liquids.

(Source: P.A. 98-350, eff. 1-1-14.)

(Text of Section after amendment by P.A. 99-496)

Sec. 1.5. Distribution of alternative nicotine products to persons under 18 years of age prohibited; limitations on advertising and marketing electronic cigarettes.

(a) For the purposes of this Section, "alternative nicotine product" means a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in Section 1 of this Act and any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.

"Electronic cigarette" means a battery-operated device that contains a combination of nicotine, flavor, or chemicals or any combination thereof that are turned into vapor which is inhaled by the user.

"Electronic cigarette liquids" means liquids sold and marketed for the refilling of electronic cigarettes.

(b) A person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, may not sell, offer for sale, give, or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, to a person under 18 years of age.

(c) Before selling, offering for sale, giving, or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, giving, or furnishing the alternative nicotine product shall verify that the person is at least 18 years of age by:

(1) examining from any person that appears to be under 27 years of age a government-issued photographic identification that establishes the person is at least 18 years of age or

(2) for sales made though the Internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is 18 years of age or older.

(d) A person under 18 years of age shall not possess an alternative nicotine product.

(e) The following limitations on the advertising and marketing of electronic cigarettes and electronic cigarette liquids shall apply:

(1) No manufacturer or retailer of electronic cigarettes or electronic cigarette liquids shall take any action, directly, or indirectly, to target persons under the age of 18 in the advertising, promotion, or marketing of electronic cigarettes or electronic cigarette liquids.

(2) No manufacturer or retailer of electronic cigarettes or electronic cigarette liquids shall take any action the primary purpose of which is to initiate, maintain, or increase the incidence of electronic cigarette use by persons under the age of 18.

(3) No manufacturer or retailer of electronic cigarettes or electronic cigarette liquids shall use or cause to be used any cartoon in the advertising, promotion, packaging, or labeling of such products.

(4) No manufacturer of electronic cigarettes or electronic cigarette liquids may engage in brand name sponsorship in the State at events at which the intended audience is comprised of a significant percentage of persons under the age of 18. Such events shall include concerts and athletic events.

(5) Manufacturers and retailers of electronic cigarettes or electronic cigarette liquids shall discontinue all outdoor and transit advertising for electronic cigarettes or electronic cigarette liquids within 150 days after the effective date of this amendatory Act of the 99th General Assembly. After these 150 days, no manufacturer or retailer of electronic cigarettes or electronic cigarette liquids shall place or cause to be placed any outdoor advertising or transit advertising for electronic cigarettes or electronic cigarette liquids.

(Source: P.A. 98-350, eff. 1-1-14; 99-496, eff. 6-1-16.)