SB2637 EngrossedLRB103 35216 RPS 65198 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 5. The Illinois Food, Drug and Cosmetic Act is
5amended by changing Section 5 and by adding Section 13.5 as
7    (410 ILCS 620/5)  (from Ch. 56 1/2, par. 505)
8    Sec. 5. Penalties.
9    (a) A person who violates any of the provisions of this
10Act, other than Sections 3.22, and 6, and 13.5, is guilty of a
11Class C misdemeanor; but if the violation is committed after a
12conviction of such person under this Section has become final,
13the person shall be guilty of a Class A misdemeanor. A person
14who violates the provisions of Section 6 of this Act is guilty
15of a Class A misdemeanor; but if the violation is committed
16after a conviction of such person under this Section has
17become final, the person shall be guilty of a Class 4 felony.
18    (b) No person is subject to the penalties of subsection
19(a) of this Section for (1) violating Section 3.1 or 3.3 if he
20establishes a guaranty or undertaking signed by and containing
21the name and address of the person residing in the State of
22Illinois from whom he received the article in good faith, to
23the effect that the article is not adulterated within the



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1meaning of this Act, designating this Act; or (2) for having
2violated clause (2) of Section 3.16 if such person acted in
3good faith and had no reason to believe that the use of the
4punch, die, plate, stone or other thing involved would result
5in a drug being a counterfeit drug, or for having violated
6clause (3) of Section 3.16 if the person doing the act or
7causing it to be done acted in good faith and had no reason to
8believe that the drug was a counterfeit drug.
9    (c) No publisher, radio-broadcast licensee, agency or
10medium for the dissemination of an advertisement, except the
11manufacturer, packer, distributor or seller of the article to
12which a false advertisement relates is liable under this
13Section for the dissemination of such false advertisement
14unless he has refused on the request of the Director to furnish
15the Director the name and post office address of the
16manufacturer, packer, distributor, seller or advertising
17agency residing in the State of Illinois who causes him to
18disseminate such advertisement.
19    (d) No person shall be subject to the penalties of
20subsection (a) of this Section for a violation of Section 3
21involving misbranded food if the violation exists solely
22because the food is misbranded under subsection (c) of Section
2311 because of its advertising, and no person shall be subject
24to the penalties of subsection (a) of this Section for such a
25violation unless the violation is committed with the intent to
26defraud or mislead.



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1(Source: P.A. 97-872, eff. 7-31-12.)
2    (410 ILCS 620/13.5 new)
3    Sec. 13.5. Prohibited food additives.
4    (a) Beginning January 1, 2027, a person or entity shall
5not manufacture a food product for human consumption that
6contains any of the following substances:
7        (1) Brominated vegetable oil (Chemical Abstract
8    Services number 8016-94-2).
9        (2) Potassium bromate (Chemical Abstract Services
10    number 7758-01-2).
11        (3) Propylparaben (Chemical Abstract Services number
12    94-13-3).
13        (4) Red dye 3 (Chemical Abstract Services number
14    16423-68-0).
15    (b) Beginning January 1, 2028, a person or entity shall
16not sell, deliver, distribute, hold, or offer for sale a food
17product for human consumption that contains any of the
18substances listed in paragraphs (1) through (4) of subsection
20    (c) A person or entity that violates subsection (a) or (b)
21shall be liable for a civil penalty not to exceed $5,000 for a
22first violation and not to exceed $10,000 for each subsequent
23violation. A violation of this Section may be enforced by the
24Attorney General or the State's Attorney of the county in
25which the violation occurred.



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1    (d) This Section does not impair or impede any other
2rights, causes of action, claims, or defenses available under
3any other law. The remedies provided in this Section are
4cumulative with any other remedies available under any other