Rep. Bob Morgan

Filed: 2/26/2021





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2    AMENDMENT NO. ______. Amend House Bill 147 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the CBD
5Safety Act.
6    Section 5. Definitions. In this Act:
7    "Cannabinoid product" means a product offered for sale
8that contains cannabinoids and is not regulated under the
9Compassionate Use of Medical Cannabis Program Act, the
10Cannabis Regulation and Tax Act, or the Industrial Hemp Act.
11    "Department" means the Department of Agriculture.
12    "Director" means the Director of Agriculture.
13    Section 10. Cannabinoid product labeling and testing
14requirements. No person shall manufacture, process, or offer
15for sale a cannabinoid product unless the cannabinoid product



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1has labeling and has undergone lab testing that meet labeling
2and minimum testing requirements pursuant to rules adopted by
3the Department under subsection (b) of Section 15.
4    Section 15. Administration and enforcement; rules;
5emergency rules; inspection.
6    (a) The Department shall administer and enforce this Act
7and may adopt rules under the Illinois Administrative
8Procedure Act for the purpose of administering and enforcing
9this Act.
10    (b) The Department shall develop rules setting forth
11labeling and minimum testing requirements of cannabinoid
13    (c) In order to provide for the expeditious and timely
14implementation of the provisions of this Act, the Department
15may adopt emergency rules in accordance with Section 5-45 of
16the Illinois Administrative Procedure Act to the extent
17necessary to administer the Department's responsibilities
18under this Act. The adoption of emergency rules authorized by
19this subsection (c) is deemed to be necessary for the public
20interest, safety, and welfare.
21    (d) The Department of Public Health, local health
22departments, the Illinois State Police, local sheriff's
23departments, municipal police departments, the Department of
24Revenue, and the Department may inspect any business that
25manufactures, processes, or offers for sale cannabinoid



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1products in the State to ensure compliance with this Act.
2    Section 20. Administrative penalties; judicial review. The
3following administrative fines may be imposed by the
4Department upon any person or entity who violates any
5provision of this Act or any rule adopted by the Department
6under this Act:
7        (1) A penalty of $500 for a first violation.
8        (2) A penalty of $1,500 for a second violation at the
9    same location within 2 years of the first violation.
10        (3) A penalty of $2,500 for a third or subsequent
11    violation at the same location within 2 years of the
12    second violation.
13    Moneys collected by the Department under this Section
14shall be deposited into the CBD Safety Fund. Any penalty of
15$2,500 or greater that is not paid within 120 days of issuance
16of notice from the Department shall be submitted to the
17Department of Revenue for collection as provided under the
18Illinois State Collection Act of 1986. The Department may
19prohibit any person from selling or distributing a cannabinoid
20product for failure to pay an administrative monetary penalty
21within 60 days of issuance of notice from the Department.
22    All final administrative decisions of the Department are
23subject to judicial review under the Administrative Review
24Law. The term "administrative decision" has the meaning
25ascribed to that term in Section 3-101 of the Code of Civil



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2    Section 25. Publishing information. The Department shall
3make available to the public complaints about cannabinoid
4products, information regarding a pending administrative
5hearing or court case under this Act, or any disciplinary
6action taken against a cannabinoid product manufacturer,
7processor, or seller.
8    Section 30. Temporary restraining order or injunction. The
9Director, through the Attorney General, may file a complaint
10and apply to the circuit court for, and the court upon hearing
11and for cause shown may grant, a temporary restraining order
12or a preliminary or permanent injunction restraining any
13person from violating this Act.
14    Section 35. CBD Safety Fund. The CBD Safety Fund is
15created as a special fund in the State treasury. Moneys in the
16Fund shall be utilized by the Department for the
17implementation, administration, and enforcement of this Act.
18    Section 40. Federal law; preemption. Notwithstanding any
19other provision of this Act, the State may not regulate the
20safety of cannabinoid products in a way that is inconsistent
21with a federal law, rule, or regulation that regulates the
22safety of cannabinoid products and is in effect after the



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1effective date of this Act.
2    Section 90. The Illinois Administrative Procedure Act is
3amended by adding Section 5-45.8 as follows:
4    (5 ILCS 100/5-45.8 new)
5    Sec. 5-45.8. Emergency rulemaking; CBD Safety Act. To
6provide for the expeditious and timely implementation of the
7CBD Safety Act, emergency rules implementing the CBD Safety
8Act may be adopted in accordance with Section 5-45 by the
9Department of Agriculture. The adoption of emergency rules
10authorized by Section 5-45 and this Section is deemed to be
11necessary for the public interest, safety, and welfare.
12    This Section is repealed on January 1, 2027.
13    Section 95. The State Finance Act is amended by adding
14Section 5.935 as follows:
15    (30 ILCS 105/5.935 new)
16    Sec. 5.935. The CBD Safety Fund.
17    Section 99. Effective date. This Act takes effect 180 days
18after becoming law.".