Sen. Dan Kotowski

Filed: 5/7/2010

 

 


 

 


 
09600SB3750sam003 LRB096 20860 JDS 41203 a

1
AMENDMENT TO SENATE BILL 3750

2     AMENDMENT NO. ______. Amend Senate Bill 3750, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 1. Short title. This Act may be cited as the
6 BPA-Free Kids Act.
 
7     Section 5. Legislative findings. The General Assembly
8 finds that:
9     (a) The incidence of some diseases and disorders that have
10 been linked to chemical exposures is on the rise.
11     (b) The metabolism, physiology, and exposure patterns of
12 developing fetuses, infants, and children to toxic chemicals
13 differ from those of adults, which makes children more
14 vulnerable than adults to the harmful effects of exposure to
15 some synthetic chemicals.
16     (c) Unlike pharmaceuticals and pesticides, manufacturers

 

 

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1 of most chemical substances are not required under current law
2 to supply human or environmental toxicity information before
3 selling their products to the public. Consequently, the vast
4 majority of chemicals used in consumer products have never had
5 any federal or state government review to evaluate potential
6 toxicity to the environment, infants, children, developing
7 fetuses, or adults.
8     (d) To protect children's health, it is important to reduce
9 or eliminate exposures to certain chemicals that are present in
10 children's products or that may be reasonably anticipated to
11 result in children's exposure or be placed in the mouths of
12 children.
 
13     Section 10. Definitions.
14     "Agency" means the Illinois Environmental Protection
15 Agency.
16     "Baby food" means a prepared solid food consisting of a
17 soft paste or an easily chewed food that is intended for
18 consumption by children 2 years of age or younger and is
19 commercially available.
20     "Department" means the Illinois Department of Public
21 Health.
22     "Infant formula" means a milk-based or soy-based powder,
23 concentrated liquid, or ready-to-feed substitute for human
24 breast milk, which is intended for infant consumption and is
25 commercially available.

 

 

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1     "Manufacturer" means a person who manufactured a final
2 product or whose brand name is affixed to a product. In the
3 case of a product that was imported into the United States,
4 "manufacturer" includes the importer or domestic distributor
5 of the product if the person who manufactured or assembled the
6 product or whose brand name is affixed to it does not have a
7 presence in the United States.
8     "Person" means any individual, partnership,
9 co-partnership, firm, company, limited liability company,
10 corporation, association, joint stock company, trust, estate,
11 political subdivision, state agency, or any other legal entity,
12 or his, her, or its legal representative, agent, or assigns.
 
13     Section 15. Bisphenol-A ban; exemption.
14     (a) Beginning June 1, 2011, no person shall sell, offer to
15 sell, distribute, or offer to distribute any reusable
16 children's food or beverage container, including any baby
17 bottle or sippy cup, that contains bisphenol-A if that
18 container (i) is designed, intended, or marketed to be filled
19 with any food or beverage primarily for consumption by children
20 3 years of age or younger and (ii) is sold or distributed at
21 retail without containing any liquid, food, or beverage.
22     (b) Beginning June 1, 2015, no person shall sell, offer to
23 sell, distribute, or offer to distribute any infant formula or
24 baby food that is stored in a can, jar, or plastic container
25 that contains bisphenol-A.

 

 

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1     (c) The manufacturer of an infant formula or baby food may
2 obtain an exemption from subsection (b) for a particular type
3 of infant formula or baby baby food in a calendar year if (i)
4 there is no bisphenol-a free can, jar, plastic container, or
5 other alternative packaging compatible with that particular
6 type of infant formula or baby food that complies with
7 applicable federal Food and Drug Administration regulations,
8 if any, and (ii) the manufacturer files a notification to that
9 effect with the Illinois Attorney General prior to January 1 of
10 that year. The notification should explain why alternative
11 packaging is not compatible with the product or violates Food
12 and Drug Administration regulations. Manufacturers must submit
13 separate notifications for each particular type of infant
14 formula or baby food for which they seek an exemption.
 
15     Section 20. Interstate clearinghouse. The Agency and the
16 Department are authorized to participate, along with other
17 states and governmental entities, in an interstate
18 clearinghouse to promote safer chemicals in consumer products.
19 The Agency and Department may cooperate with the interstate
20 clearinghouse to (i) organize and manage available data on
21 chemicals, including information on uses, hazards,
22 environmental concerns, safer alternatives, and model policies
23 and programs, (ii) provide technical assistance regarding
24 chemical safety to businesses, consumers, and policy makers,
25 and (iii) undertake other activities in support of State

 

 

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1 programs to promote chemical safety.
 
2     Section 25. Implementation and exemption.
3     (a) Manufacturers and wholesalers of products restricted
4 under Section 15 of this Act must, no less than 90 days before
5 the effective date of such a restriction, notify persons to
6 whom they sell a restricted product about the provisions of
7 this Act.
8     (b) A retailer who unknowingly sells a product that is
9 restricted from sale under this Act is not liable under this
10 Act.
 
11     Section 30. Enforcement and penalties.
12     (a) The Attorney General is responsible for administering
13 and ensuring compliance with this Act, including the
14 development and adoption of any rules, if necessary, for the
15 implementation and enforcement of this Act.
16     (b) The Attorney General shall develop and implement a
17 process for receiving and handling complaints from individuals
18 regarding possible violations of this Act.
19     (c) The Attorney General may conduct any investigation
20 deemed necessary regarding possible violations of this Act
21 including, without limitation, the issuance of subpoenas to:
22 (i) require the filing of a statement or report or answer
23 interrogatories in writing as to all information relevant to
24 the alleged violations; (ii) examine under oath any person who

 

 

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1 possesses knowledge or information directly related to the
2 alleged violations; and (iii) examine any record, book,
3 document, account, or paper necessary to investigate the
4 alleged violation.
5     (d) Service by the Attorney General of any notice requiring
6 a person to file a statement or report, or of a subpoena upon
7 any person, shall be made:
8         (1) personally by delivery of a duly executed copy
9     thereof to the person to be served or, if a person is not a
10     natural person, in the manner provided in the Code of Civil
11     Procedure when a complaint is filed; or
12         (2) by mailing by certified mail a duly executed copy
13     thereof to the person to be served at his or her last known
14     abode or principal place of business within this State.
15     (e) In lieu of a civil action, the individual or entity
16 alleged to have engaged in a pattern or practice deemed
17 violative of this Act may enter into an Assurance of Voluntary
18 Compliance with respect to the alleged pattern or practice
19 violation.
20     (f) If the Attorney General determines that there is a
21 reason to believe that a violation of the Act has occurred, the
22 Attorney General may bring an action in the name of the People
23 of the State to obtain temporary, preliminary, or permanent
24 injunctive relief for any act, policy, or practice that
25 violates this Act.
26     (g) If any person fails or refuses to file any statement or

 

 

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1 report, or obey any subpoena, issued pursuant to subsection (c)
2 of this Section, the Attorney General may proceed to initiate a
3 civil action pursuant to subsection (f) of this Section, or
4 file a complaint in the circuit court for the granting of
5 injunctive relief, including restraining the conduct that is
6 alleged to violate this Act until the person files the
7 statement or report, or obeys the subpoena.
8     (h) Relief that may be granted.
9         (1) In any civil action brought pursuant to subsection
10     (f) of this Section, the Attorney General may obtain as a
11     remedy, equitable relief (including any permanent or
12     preliminary injunction, temporary restraining order, or
13     other order, including an order enjoining the defendant
14     from engaging in a violation or ordering any action as may
15     be appropriate). In addition, the Attorney General may
16     request and the Court may impose a civil penalty in an
17     amount not to exceed $50,000 for each violation. For
18     purposes of this subsection, each item and each standard
19     constitutes a separate violation.
20         (2) A civil penalty imposed or a settlement or other
21     payment made pursuant to this Act shall be made payable to
22     the Attorney General's State Projects and Court Ordered
23     Distribution Fund, which is created as a special fund in
24     the State Treasury. Moneys in the Fund shall be used,
25     subject to appropriation, for the performance of any
26     function pertaining to the exercise of the duties of the

 

 

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1     Attorney General including but not limited to enforcement
2     of any law of this State, product testing, and conducting
3     public education programs.
4         (3) Any funds collected under this Section in an action
5     in which the State's Attorney has prevailed shall be
6     retained by the county in which he or she serves.
7     (i) The penalties and injunctions provided in this Act are
8 in addition to any penalties, injunctions, or other relief
9 provided under any other law. Nothing in this Act shall bar a
10 cause of action by the State for any other penalty, injunction,
11 or relief provided by any other law.
 
12     Section 90. The State Finance Act is amended by adding
13 Section 5.756 as follows:
 
14     (30 ILCS 105/5.756 new)
15     Sec. 5.756. The Attorney General's State Projects and Court
16 Ordered Distribution Fund.".