Illinois General Assembly - Full Text of SB0699
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Full Text of SB0699  102nd General Assembly

SB0699 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0699

 

Introduced 2/25/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Flavored Tobacco Ban Act. Provides that a tobacco retailer or his or her agents or employees may not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product, flavored related tobacco product, flavored alternative nicotine product, or flavored solution or substance intended for use with electronic cigarettes. Provides that (1) "tobacco product" includes products containing tetrahydrocannabinol and products containing a mixture of tetrahydrocannabinol and nicotine, and (2) "tobacco retailer" includes dispensing organizations and dispensing organization agents, as those terms are defined in the Cannabis Regulation and Tax Act. Creates a presumption that a tobacco product, related tobacco product, alternative nicotine product, or solution or substance intended for use with electronic cigarettes is a banned product, solution, or substance intended for use with electronic cigarettes if it has or produces a characterizing flavor. Establishes penalties for violations. Provides that all moneys collected as fines and civil penalties for violations of the Act shall be distributed: one-half to the State agency or unit of local government that successfully prosecuted the offender; and one-half to the Department of Revenue to be used for enforcing the Act and the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Provides that the Act does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to specified products, solutions, or substances than the restrictions imposed by the Act. 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.


LRB102 16309 CPF 21693 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0699LRB102 16309 CPF 21693 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. "Alternative nicotine product" does not
12include: cigarettes as defined in Section 1 of the Cigarette
13Tax Act and tobacco products as defined in Section 10-5 of the
14Tobacco Products Tax Act of 1995; tobacco product and
15electronic cigarette as defined in this Section; or any
16product approved by the United States Food and Drug
17Administration for sale as a tobacco cessation product, as a
18tobacco dependence product, or for other medical purposes, and
19is being marketed and sold solely for that approved purpose.
20    "Characterizing flavor" means a distinguishable taste or
21aroma, including, but not limited to, any fruit, chocolate,
22vanilla, honey, candy, cocoa, dessert, alcoholic beverage,
23herb or spice flavoring, not including tobacco, menthol, mint,

 

 

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1or wintergreen. In no event shall a tobacco product, related
2tobacco product, alternative nicotine product, or solution or
3substance intended for use with electronic cigarettes or any
4component part of a tobacco product, related tobacco product,
5alternative nicotine product, or solution or substance
6intended for use with electronic cigarettes be construed to
7have a characterizing flavor based solely on the use of trace
8additives or flavorings or the provision of ingredient
9information.
10    "Constituent" means any ingredient, substance, chemical,
11or compound, other than tobacco, water, or reconstituted
12tobacco sheet, that is added by a manufacturer to a tobacco
13product during the processing, manufacture, or packing of the
14tobacco product.
15    "Distinguishable" means perceivable by either the sense of
16smell or taste.
17    "Electronic cigarette" means:
18        (1) any device that employs a battery or other
19    mechanism to heat a solution or substance to produce a
20    vapor or aerosol intended for inhalation;
21        (2) any cartridge or container of a solution or
22    substance intended to be used with or in the device or to
23    refill the device; or
24        (3) any solution or substance, whether or not it
25    contains nicotine intended for use in the device.
26    "Electronic cigarette" includes, but is not limited to,

 

 

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1any electronic nicotine delivery system, electronic cigar,
2electronic cigarillo, electronic pipe, electronic hookah, vape
3pen, or similar product or device, and any components or parts
4that can be used to build the product or device. "Electronic
5cigarette" does not include: cigarettes as defined in Section
61 of the Cigarette Tax Act and tobacco products as defined in
7Section 10-5 of the Tobacco Products Tax Act of 1995; tobacco
8product, related tobacco product, and alternative nicotine
9product as defined in this Section; any product approved by
10the United States Food and Drug Administration for sale as a
11tobacco cessation product, as a tobacco dependence product, or
12for other medical purposes, and is being marketed and sold
13solely for that approved purpose; any asthma inhaler
14prescribed by a physician for that condition and is being
15marketed and sold solely for that approved purpose; or any
16therapeutic product approved for use under the Compassionate
17Use of Medical Cannabis Pilot Program Act.
18    "Flavored alternative nicotine product" means any
19alternative nicotine product that contains a natural or
20artificial constituent or additive that imparts a
21characterizing flavor.
22    "Flavored related tobacco product" means any related
23tobacco product that contains a natural or artificial
24constituent or additive that imparts a characterizing flavor.
25    "Flavored solution or substance intended for use with
26electronic cigarettes" means any solution or substance

 

 

SB0699- 4 -LRB102 16309 CPF 21693 b

1intended for use with electronic cigarettes that contains a
2natural or artificial constituent or additive that imparts a
3characterizing flavor.
4    "Flavored tobacco product" means any tobacco product that
5contains a natural or artificial constituent or additive that
6imparts a characterizing flavor.
7    "Labeling" means written, printed, pictorial, or graphic
8matter upon a tobacco product, related tobacco product,
9alternative nicotine product, or solution or substance
10intended for use with electronic cigarettes or any of its
11packaging.
12    "Packaging" or "package" means a pack, box, carton, or
13container of any kind, or, if no other container, any
14wrapping, including cellophane, in which a tobacco product,
15related tobacco product, alternative nicotine product, or
16solution or substance intended for use with electronic
17cigarettes is sold or offered for sale to a consumer.
18    "Related tobacco product" means any product intended for
19or traditionally used with tobacco, including, but not limited
20to, papers, wraps, tubes, or filters. A product of a type that
21has in the past been used in conjunction with tobacco or
22nicotine use will be deemed a "related tobacco product"
23regardless of any labeling or descriptive language on such
24product stating that the product is not intended for use with
25tobacco or for non-tobacco use only or other similar language.
26    "Retail location" means: (1) a building from which tobacco

 

 

SB0699- 5 -LRB102 16309 CPF 21693 b

1products, related tobacco products, alternative nicotine
2products, or solutions or substances intended for use with
3electronic cigarettes are sold at retail; or (2) a vending
4machine.
5    "Tobacco product" means any product containing or made
6from tobacco that is intended for human consumption, whether
7smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
8sniffed, or ingested by any other means, including, but not
9limited to, cigarettes, cigars, little cigars, chewing
10tobacco, pipe tobacco, snuff, snus, and any other smokeless
11tobacco product that contains tobacco that is finely cut,
12ground, powdered, or leaf and intended to be placed in the oral
13cavity. "Tobacco product" includes: any component, part, or
14accessory of a tobacco product, whether or not sold
15separately, and; products containing tetrahydrocannabinol or a
16mixture of tetrahydrocannabinol and nicotine. "Tobacco
17product" does not include: an electronic cigarette and
18alternative nicotine product as defined in this Section; or
19any product that has been approved by the United States Food
20and Drug Administration for sale as a tobacco cessation
21product, as a tobacco dependence product, or for other medical
22purposes, and is being marketed and sold solely for that
23approved purpose.
24    "Tobacco retailer" means a person who engages in this
25State in the sale of tobacco products, related tobacco
26products, alternative nicotine products, or solutions or

 

 

SB0699- 6 -LRB102 16309 CPF 21693 b

1substances intended for use with electronic cigarettes
2directly to the public from a retail location, including a
3person who operates vending machines from which tobacco
4products, related tobacco products, alternative nicotine
5products, or solutions or substances intended for use with
6electronic cigarettes are sold in this State. "Tobacco
7retailer" includes dispensing organizations and dispensing
8organization agents, as those terms are defined in Section
91-10 of the Cannabis Regulation and Tax Act.
 
10    Section 10. Prohibition; penalties.
11    (a) A tobacco retailer or any of the tobacco retailer's
12agents or employees may not sell, offer for sale, or possess
13with the intent to sell or offer for sale, a flavored tobacco
14product, flavored related tobacco product, flavored
15alternative nicotine product, or flavored solution or
16substance intended for use with electronic cigarettes. There
17is a presumption that a tobacco product, related tobacco
18product, alternative nicotine product, or solution or
19substance intended for use with electronic cigarettes is a
20flavored tobacco product, flavored related tobacco product,
21flavored alternative nicotine product, or flavored solution or
22substance intended for use with electronic cigarettes if the
23tobacco product, related tobacco product, alternative nicotine
24product, or solution or substance intended for use with
25electronic cigarettes has or produces a characterizing flavor,

 

 

SB0699- 7 -LRB102 16309 CPF 21693 b

1including, but not limited to, text, color, or images on the
2product's labeling or packaging that are used to explicitly or
3implicitly communicate or suggest that the tobacco product,
4related tobacco product, alternative nicotine product, or
5solution or substance intended for use with electronic
6cigarettes has a characterizing flavor. A product with
7labeling or packaging that suggests the presence of a
8characterizing flavor or uses a concept flavor is presumed to
9be a flavored tobacco product, flavored related tobacco
10product, flavored alternative nicotine product, or flavored
11solution or substance intended for use with electronic
12cigarettes.
13    (b) Any person, other than a manufacturer or distributor,
14who violates subsection (a) is guilty of a petty offense and
15shall be fined an amount as follows:
16        (1) For the first offense, the offender shall be fined
17    an amount of $100 for each individual package of tobacco
18    product, related tobacco product, alternative nicotine
19    product, or solution or substance intended for use with
20    electronic cigarettes sold or offered for sale.
21        (2) For a second offense within a 2-year period, the
22    offender shall be fined $250 for each individual package
23    of tobacco product, related tobacco product, alternative
24    nicotine product, or solution or substance intended for
25    use with electronic cigarettes sold or offered for sale.
26        (3) For a third or subsequent offense within a 2-year

 

 

SB0699- 8 -LRB102 16309 CPF 21693 b

1    period, the offender shall be fined $500 for each
2    individual package of tobacco product, related tobacco
3    product, alternative nicotine product, or solution or
4    substance intended for use with electronic cigarettes sold
5    or offered for sale.
6    (c) A manufacturer or distributor shall be subject to a
7civil penalty not to exceed $50,000 for each brand or style of
8the manufacturer's or distributor's tobacco products, related
9tobacco products, alternative nicotine products, or solutions
10or substances intended for use with electronic cigarettes that
11is found to have been sold or offered for sale in violation of
12this Act on more than one occasion during any 30-day period.
13With respect to a manufacturer or distributor, it is an
14affirmative defense to a finding of a violation under this Act
15that the sale or offer for sale, occurred without the
16knowledge, consent, authorization or involvement, direct or
17indirect, of the manufacturer or distributor.
18    (d) Moneys received as fines and civil penalties under
19this Act shall be remitted to the State Treasurer to be used as
20provided in paragraphs (1) and (2) of this subsection. All
21moneys collected as fines and civil penalties for violations
22of this Act shall be distributed in the following manner:
23        (1) one-half of each fine and civil penalty shall be
24    distributed to the State agency or unit of local
25    government that successfully prosecuted the offender; and
26        (2) one-half of each fine and civil penalty shall be

 

 

SB0699- 9 -LRB102 16309 CPF 21693 b

1    remitted to the Department of Revenue to be used for
2    enforcing this Act and the Prevention of Tobacco Use by
3    Persons under 21 Years of Age and Sale and Distribution of
4    Tobacco Products Act.
 
5    Section 15. Local preemption. This Act does not preempt or
6otherwise prohibit the adoption of a local standard that
7imposes greater restrictions on the access to tobacco
8products, related tobacco products, alternative nicotine
9products, or solutions or substances intended for use with
10electronic cigarettes than the restrictions imposed by this
11Act. To the extent that there is an inconsistency between this
12Act and a local standard that imposes greater restrictions on
13the access to tobacco products, related tobacco products,
14alternative nicotine products, or solutions or substances
15intended for use with electronic cigarettes, the greater
16restriction on the access to tobacco products, related tobacco
17products, alternative nicotine product, or solution or
18substance intended for use with electronic cigarettes in the
19local standard shall prevail.
 
20    Section 90. The Tobacco Products Tax Act of 1995 is
21amended by changing Section 10-25 as follows:
 
22    (35 ILCS 143/10-25)
23    Sec. 10-25. License actions.

 

 

SB0699- 10 -LRB102 16309 CPF 21693 b

1    (a) The Department may, after notice and a hearing,
2revoke, cancel, or suspend the license of any distributor or
3retailer who violates any of the provisions of this Act, fails
4to keep books and records as required under this Act, fails to
5make books and records available for inspection upon demand by
6a duly authorized employee of the Department, or violates a
7rule or regulation of the Department for the administration
8and enforcement of this Act. The notice shall specify the
9alleged violation 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
19facilitates compliance with minimum-age tobacco laws, the
20Department shall suspend for 3 days the license of that
21retailer for a fourth or subsequent violation of the
22Prevention of Tobacco Use by Persons under 21 Years of Age and
23Sale and Distribution of Tobacco Products Act, as provided in
24subsection (a) of Section 2 of that Act. For the purposes of
25this Section, any violation of subsection (a) of Section 2 of
26the Prevention of Tobacco Use by Persons under 21 Years of Age

 

 

SB0699- 11 -LRB102 16309 CPF 21693 b

1and Sale and Distribution of Tobacco Products Act occurring at
2the retailer's licensed location, during a 24-month period,
3shall be counted as a violation 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
15Use by Persons under 21 Years of Age and Sale and Distribution
16of Tobacco 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
24subsection (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

 

 

SB0699- 12 -LRB102 16309 CPF 21693 b

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
9received and completed tobacco training. The form shall be
10kept in the employee's file and may be used to provide proof of
11training.
12    (d) The Department may, by application to any circuit
13court, obtain an injunction restraining any person who engages
14in business as a distributor of tobacco products without a
15license (either because his or her license has been revoked,
16canceled, or suspended or because of a failure to obtain a
17license in the first instance) from engaging in that business
18until that person, as if that person were a new applicant for a
19license, complies with all of the conditions, restrictions,
20and requirements of Section 10-20 of this Act and qualifies
21for and obtains a license. Refusal or neglect to obey the order
22of the court may result in punishment for contempt.
23(Source: P.A. 100-940, eff. 8-17-18; 101-2, eff. 7-1-19.)

 

 

SB0699- 13 -LRB102 16309 CPF 21693 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    35 ILCS 143/10-25