101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2275

 

Introduced 10/28/2019, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 2310/2310-437 new
35 ILCS 143/10-25

    Creates the Flavored Tobacco Ban Act. Prohibits the sale or distribution by an establishment of any flavored tobacco product. Provides that the Department of Public Health shall enforce the Act and may adopt rules or guidelines for the implementation and enforcement of the Act. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Requires the Department of Public Health to develop warning labels regarding the health risks of electronic cigarettes to be displayed at each retailer where any electronic cigarette product is sold and in any electronic cigarette advertisement. Provides that the Department shall adopt rules for the implementation and enforcement of the provisions. Amends the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the license of any distributor that violates the Flavored Tobacco Ban Act. Effective immediately.


LRB101 14449 CPF 63360 b

 

 

A BILL FOR

 

SB2275LRB101 14449 CPF 63360 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Flavored Tobacco Ban Act.
 
6    Section 5. Definitions. In this Act:
7    "Alternative nicotine product" means a product or device
8not consisting of or containing tobacco that provides for the
9ingestion into the body of nicotine, whether by chewing,
10smoking, absorbing, dissolving, inhaling, snorting, sniffing,
11or by any other means.
12    "Characterizing flavor" means a distinguishable taste or
13aroma, other than the taste or aroma of tobacco, imparted by a
14tobacco product or any byproduct produced by the tobacco
15product. "Characterizing flavor" includes, but is not limited
16to, tastes or aromas relating to any fruit, chocolate, vanilla,
17honey, candy, cocoa, dessert, alcoholic beverage, mint,
18wintergreen, herb, or spice. A tobacco product does not have a
19characterizing flavor solely because of the use of additives or
20flavorings or the provision of ingredient information. Rather,
21it is the presence of a distinguishable taste or aroma that
22constitutes a characterizing flavor.
23    "Constituent" means any ingredient, substance, chemical,

 

 

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1or compound, other than tobacco, water, or reconstituted
2tobacco sheet, that is added by a manufacturer to a tobacco
3product during the processing, manufacture, or packing of the
4tobacco product.
5    "Department" means the Department of Public Health.
6    "Distinguishable" means perceivable by either the sense of
7smell or taste.
8    "Electronic cigarette" means:
9        (1) any device that employs a battery or other
10    mechanism to heat a solution or substance to produce a
11    vapor or aerosol intended for inhalation;
12        (2) any cartridge or container of a solution or
13    substance intended to be used with or in the device or to
14    refill the device; or
15        (3) any solution or substance, whether or not it
16    contains nicotine, intended for use in the device.
17    "Electronic cigarette" includes, but is not limited to, any
18electronic nicotine delivery system, electronic cigar,
19electronic cigarillo, electronic pipe, electronic hookah, vape
20pen, or similar product or device, and any components or parts
21that can be used to build the product or device.
22    "Establishment" means a retailer's place of business open
23to the general public for the sale of goods or services related
24to tobacco products.
25    "Flavored tobacco product" means any tobacco product that
26contains a constituent that imparts a characterizing flavor.

 

 

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1    "Labeling" means written, printed, pictorial, or graphic
2matter upon any tobacco product or any of its packaging.
3    "Packaging" means a pack, box, carton, or container of any
4kind or, if no other container, any wrapping or cellophane in
5which a tobacco product is sold or offered for sale to a
6consumer.
7    "Retailer" means a person who sells or offers for sale
8flavored cigarettes, flavored tobacco products, or tobacco
9products for use or consumption and not for resale in any form.
10    "Tobacco product" means any product containing or made from
11tobacco that is intended for human consumption, whether smoked,
12heated, chewed, absorbed, dissolved, inhaled, snorted,
13sniffed, or ingested by any other means, including, but not
14limited to, cigarettes, electronic cigarettes, cigars, little
15cigars, chewing tobacco, pipe tobacco, alternative nicotine
16products, snuff, snus, and any other smokeless tobacco product
17which contains tobacco that is finely cut, ground, powdered, or
18leaf and intended to be placed in the oral cavity. "Tobacco
19product" includes any component, part, or accessory of a
20tobacco product, whether or not sold separately. "Tobacco
21product" does not include any product that has been approved by
22the United States Food and Drug Administration for sale as a
23tobacco cessation product, as a tobacco dependence product, or
24for other medical purposes, and is being marketed and sold
25solely for that approved purpose.
 

 

 

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1    Section 10. Sale or distribution of flavored tobacco
2products prohibited.
3    (a) The sale or distribution by an establishment of any
4flavored tobacco product is prohibited.
5    (b) There is a rebuttable presumption that a tobacco
6product is a flavored tobacco product if a manufacturer or any
7of a manufacturer's agents or employees, in the course of their
8agency or employment, has made a statement or claim directed to
9consumers or to the public that the tobacco product has or
10produces a characterizing flavor, including, but not limited
11to, text, color, or images on the product's labeling or
12packaging that are used to explicitly or implicitly communicate
13that the tobacco product has a characterizing flavor.
 
14    Section 15. Administrative rules; enforcement. The
15Department shall enforce this Act and may adopt rules or
16guidelines for the implementation and enforcement of this Act.
 
17    Section 20. Violations. Upon a decision by the Department
18that an establishment or an establishment's agent or employee
19has engaged in any conduct that violates this Act, the
20Department of Revenue may suspend that establishment's
21retailer's license under Section 10-25 of the Tobacco Products
22Tax Act of 1995. Any suspension shall be preceded by a notice
23of correction or a notice of initial determination of
24violation.
 

 

 

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1    Section 25. No conflict with federal or State law. Nothing
2in this Act shall be interpreted or applied to create any
3requirement, power, or duty that is preempted by federal or
4State law.
 
5    Section 85. The Department of Public Health Powers and
6Duties Law of the Civil Administrative Code of Illinois is
7amended by adding Section 2310-437 as follows:
 
8    (20 ILCS 2310/2310-437 new)
9    Sec. 2310-437. Electronic cigarette warning labels. The
10Department shall develop warning labels regarding the health
11risks of electronic cigarettes, as defined in Section 5 of the
12Flavored Tobacco Ban Act. The warning labels shall be displayed
13at each retailer where any electronic cigarette product is sold
14and in any electronic cigarette advertisement. On or before 60
15days after the effective date of this amendatory Act of the
16101st General Assembly, the Department shall adopt rules for
17the implementation and enforcement of this Section.
 
18    Section 90. The Tobacco Products Tax Act of 1995 is amended
19by changing Section 10-25 as follows:
 
20    (35 ILCS 143/10-25)
21    Sec. 10-25. License actions.

 

 

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1    (a) The Department may, after notice and a hearing, revoke,
2cancel, or suspend the license of any distributor or retailer
3who violates any of the provisions of this Act, fails to keep
4books and records as required under this Act, fails to make
5books and records available for inspection upon demand by a
6duly authorized employee of the Department, or violates a rule
7or regulation of the Department for the administration and
8enforcement of this Act. The notice shall specify the alleged
9violation or violations upon which the revocation,
10cancellation, or suspension proceeding is based.
11    (b) The Department may revoke, cancel, or suspend the
12license of any distributor for a violation of the Tobacco
13Product Manufacturers' Escrow Enforcement Act as provided in
14Section 20 of that Act.
15    (b-5) The Department may suspend the license of any
16distributor for a violation of the Flavored Tobacco Ban Act as
17provided in Section 20 of that Act.
18    (c) If the retailer has a training program that facilitates
19compliance with minimum-age tobacco laws, the Department shall
20suspend for 3 days the license of that retailer for a fourth or
21subsequent violation of the Prevention of Tobacco Use by
22Persons under 21 Years of Age and Sale and Distribution of
23Tobacco Products Act, as provided in subsection (a) of Section
242 of that Act. For the purposes of this Section, any violation
25of subsection (a) of Section 2 of the Prevention of Tobacco Use
26by Persons under 21 Years of Age and Sale and Distribution of

 

 

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1Tobacco Products Act occurring at the retailer's licensed
2location, during a 24-month period, shall be counted as a
3violation against the retailer.
4    If the retailer does not have a training program that
5facilitates compliance with minimum-age tobacco laws, the
6Department shall suspend for 3 days the license of that
7retailer for a second violation of the Prevention of Tobacco
8Use by Persons under 21 Years of Age and Sale and Distribution
9of Tobacco Products Act, as provided in subsection (a-5) of
10Section 2 of that Act.
11    If the retailer does not have a training program that
12facilitates compliance with minimum-age tobacco laws, the
13Department shall suspend for 7 days the license of that
14retailer for a third violation of the Prevention of Tobacco Use
15by Persons under 21 Years of Age and Sale and Distribution of
16Tobacco Products Act, as provided in subsection (a-5) of
17Section 2 of that Act.
18    If the retailer does not have a training program that
19facilitates compliance with minimum-age tobacco laws, the
20Department shall suspend for 30 days the license of a retailer
21for a fourth or subsequent violation of the Prevention of
22Tobacco Use by Persons under 21 Years of Age and Sale and
23Distribution of Tobacco Products Act, as provided in subsection
24(a-5) of Section 2 of that Act.
25    A training program that facilitates compliance with
26minimum-age tobacco laws must include at least the following

 

 

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1elements: (i) it must explain that only individuals displaying
2valid identification demonstrating that they are 21 years of
3age or older shall be eligible to purchase cigarettes or
4tobacco products and (ii) it must explain where a clerk can
5check identification for a date of birth. The training may be
6conducted electronically. Each retailer that has a training
7program shall require each employee who completes the training
8program to sign a form attesting that the employee has received
9and completed tobacco training. The form shall be kept in the
10employee's file and may be used to provide proof of training.
11    (d) The Department may, by application to any circuit
12court, obtain an injunction restraining any person who engages
13in business as a distributor of tobacco products without a
14license (either because his or her license has been revoked,
15canceled, or suspended or because of a failure to obtain a
16license in the first instance) from engaging in that business
17until that person, as if that person were a new applicant for a
18license, complies with all of the conditions, restrictions, and
19requirements of Section 10-20 of this Act and qualifies for and
20obtains a license. Refusal or neglect to obey the order of the
21court may result in punishment for contempt.
22(Source: P.A. 100-940, eff. 8-17-18; 101-2, eff. 7-1-19.)
 
23    Section 97. Severability. The provisions of this Act are
24severable under Section 1.31 of the Statute on Statutes.
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.