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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Toxin-Free Toddler Act.
"Child" means any person
who is less than 3 years of age.
"Children's food or beverage container" means an empty
bottle or cup to be filled with food or liquid that is designed
or intended by a manufacturer to be used by a child.
"Manufacturer" means any person who makes and places a
children's food or beverage container into the stream of
"Retailer" means any person other than a manufacturer,
distributor, or wholesaler who sells at retail children's food
or beverage containers. "Sell at retail" has the same meaning
as provided under Section 1 of the Retailers' Occupation Tax
"Wholesaler" means any person, other than a manufacturer or
retailer, who sells or resells or otherwise places a children's
food or beverage container into the stream of commerce.
Prohibit Bisphenol A in children's food or
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(a) Beginning January 1, 2013, a manufacturer or wholesaler
may not sell or offer for sale in this State a children's food
or beverage container that contains bisphenol A.
(b) Beginning January 1, 2014, a retailer may not knowingly
sell or offer for sale in this State a children's food or
beverage container that contains bisphenol A.
(c) This Section does not apply to the sale of a used
children's food or beverage container.
(a) The Attorney General may bring an action in the name of
People of the State of Illinois to enforce the provisions
of this Act in the circuit court of any county in which a
(b) When (i) it appears to the Attorney General that a
manufacturer, wholesaler, or retailer has engaged in or is
engaging in any practice declared to be in violation of this
Act, or (ii) the Attorney General receives a written complaint
from a consumer of the commission of a practice declared to be
in violation of this Act, or (iii) the Attorney General
believes it to be in the public interest that an investigation
should be made to ascertain whether a person in fact has
engaged in or is engaging in any practice declared to be in
violation of this Act, the Attorney General may:
(1) Require that person to file, on terms that the
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Attorney General prescribes, a statement or report in
writing under oath or otherwise, as to all information the
Attorney General considers necessary.
Examine under oath any person in connection with
the conduct of any trade or commerce.
(3) Examine any merchandise or sample thereof, record,
book, document, account, or paper the Attorney General
(4) Pursuant to an order of the circuit court, impound
any record, book, document, account, paper, or sample of a
children's food or beverage container, and retain it in the
Attorney General's possession until the completion of all
proceedings in connection with which it is produced.
(c) In the administration of this Act, the Attorney General
may accept an assurance of voluntary compliance with respect to
any practice deemed to be a violation of this Act from any
manufacturer, wholesaler, or retailer who has engaged in or is
engaging in that practice. Evidence of the violation of an
assurance of voluntary compliance shall be prima facie evidence
of a violation of this Act in any subsequent proceeding brought
by the Attorney General against the alleged violator with
regard to the specific violation or violations addressed in the
assurance of voluntary compliance.
(d) Whenever the Attorney General has reason to believe
that any manufacturer, wholesaler, or retailer has engaged in
or is engaging in any practice in violation of this Act and
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that proceedings would be in the public interest, he or she may
bring an action in the name of the People of the State against
that manufacturer, wholesaler, or retailer to restrain by
preliminary or permanent injunction the use of that practice.
(e) Civil penalties paid under Section 20 shall be
deposited into the Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund. Moneys in the Fund shall be
used, subject to appropriation, for the performance of any
function pertaining to the exercise of the duties of the
Attorney General, including, but not limited to, enforcement of
any law of this State and conducting public education programs.
Any moneys in the Fund that are required by the court or by an
agreement to be used for a particular purpose must be used for
that purpose, however.
A manufacturer, retailer, or
wholesaler who violates this Act is subject to a civil penalty
in an amount not to exceed $200 for each day that the violation
This Act shall be repealed if the
United States Food and Drug Administration promulgates a final
rule amending its food additive regulations in order to
prohibit the use of polycarbonate resins in infant feeding
bottles and spill-proof cups.
This Act takes effect upon