SB2637eng 103RD GENERAL ASSEMBLY

SB2637 Engrossed LRB103 35216 RPS 65198 b

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Food, Drug and Cosmetic Act is amended by changing Section 5 and by adding Section 13.5 as follows:

(410 ILCS 620/5) (from Ch. 56 1/2, par. 505)

Sec. 5. Penalties.

(a) A person who violates any of the provisions of this Act, other than Sections 3.22, and 6, and 13.5, is guilty of a Class C misdemeanor; but if the violation is committed after a conviction of such person under this Section has become final, the person shall be guilty of a Class A misdemeanor. A person who violates the provisions of Section 6 of this Act is guilty of a Class A misdemeanor; but if the violation is committed after a conviction of such person under this Section has become final, the person shall be guilty of a Class 4 felony.

(b) No person is subject to the penalties of subsection (a) of this Section for (1) violating Section 3.1 or 3.3 if he establishes a guaranty or undertaking signed by and containing the name and address of the person residing in the State of Illinois from whom he received the article in good faith, to the effect that the article is not adulterated within the meaning of this Act, designating this Act; or (2) for having violated clause (2) of Section 3.16 if such person acted in good faith and had no reason to believe that the use of the punch, die, plate, stone or other thing involved would result in a drug being a counterfeit drug, or for having violated clause (3) of Section 3.16 if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit drug.

(c) No publisher, radio-broadcast licensee, agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates is liable under this Section for the dissemination of such false advertisement unless he has refused on the request of the Director to furnish the Director the name and post office address of the manufacturer, packer, distributor, seller or advertising agency residing in the State of Illinois who causes him to disseminate such advertisement.

(d) No person shall be subject to the penalties of subsection (a) of this Section for a violation of Section 3 involving misbranded food if the violation exists solely because the food is misbranded under subsection (c) of Section 11 because of its advertising, and no person shall be subject to the penalties of subsection (a) of this Section for such a violation unless the violation is committed with the intent to defraud or mislead.

(Source: P.A. 97-872, eff. 7-31-12.)

(410 ILCS 620/13.5 new)

Sec. 13.5. Prohibited food additives.

(a) Beginning January 1, 2027, a person or entity shall not manufacture a food product for human consumption that contains any of the following substances:

(1) Brominated vegetable oil (Chemical Abstract Services number 8016-94-2).

(2) Potassium bromate (Chemical Abstract Services number 7758-01-2).

(3) Propylparaben (Chemical Abstract Services number 94-13-3).

(4) Red dye 3 (Chemical Abstract Services number 16423-68-0).

(b) Beginning January 1, 2028, a person or entity shall not sell, deliver, distribute, hold, or offer for sale a food product for human consumption that contains any of the substances listed in paragraphs (1) through (4) of subsection (a).

(c) A person or entity that violates subsection (a) or (b) shall be liable for a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation. A violation of this Section may be enforced by the Attorney General or the State's Attorney of the county in which the violation occurred.

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