Illinois General Assembly - Full Text of SB2950
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Full Text of SB2950  97th General Assembly




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1    AN ACT concerning safety.
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
5Toxin-Free Toddler Act.
6    Section 5. Definitions.
7    "Child" means any person who is less than 3 years of age.
8    "Children's food or beverage container" means an empty
9bottle or cup to be filled with food or liquid that is designed
10or intended by a manufacturer to be used by a child.
11    "Manufacturer" means any person who makes and places a
12children's food or beverage container into the stream of
14    "Retailer" means any person other than a manufacturer,
15distributor, or wholesaler who sells at retail children's food
16or beverage containers. "Sell at retail" has the same meaning
17as provided under Section 1 of the Retailers' Occupation Tax
19    "Wholesaler" means any person, other than a manufacturer or
20retailer, who sells or resells or otherwise places a children's
21food or beverage container into the stream of commerce.
22    Section 10. Prohibit Bisphenol A in children's food or



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1beverage containers.
2    (a) Beginning January 1, 2013, a manufacturer or wholesaler
3may not sell or offer for sale in this State a children's food
4or beverage container that contains bisphenol A.
5    (b) Beginning January 1, 2014, a retailer may not knowingly
6sell or offer for sale in this State a children's food or
7beverage container that contains bisphenol A.
8    (c) This Section does not apply to the sale of a used
9children's food or beverage container.
10    Section 15. Enforcement.
11    (a) The Attorney General may bring an action in the name of
12the People of the State of Illinois to enforce the provisions
13of this Act in the circuit court of any county in which a
14violation occurs.
15    (b) When (i) it appears to the Attorney General that a
16manufacturer, wholesaler, or retailer has engaged in or is
17engaging in any practice declared to be in violation of this
18Act, or (ii) the Attorney General receives a written complaint
19from a consumer of the commission of a practice declared to be
20in violation of this Act, or (iii) the Attorney General
21believes it to be in the public interest that an investigation
22should be made to ascertain whether a person in fact has
23engaged in or is engaging in any practice declared to be in
24violation of this Act, the Attorney General may:
25        (1) Require that person to file, on terms that the



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1    Attorney General prescribes, a statement or report in
2    writing under oath or otherwise, as to all information the
3    Attorney General considers necessary.
4        (2) Examine under oath any person in connection with
5    the conduct of any trade or commerce.
6        (3) Examine any merchandise or sample thereof, record,
7    book, document, account, or paper the Attorney General
8    considers necessary.
9        (4) Pursuant to an order of the circuit court, impound
10    any record, book, document, account, paper, or sample of a
11    children's food or beverage container, and retain it in the
12    Attorney General's possession until the completion of all
13    proceedings in connection with which it is produced.
14    (c) In the administration of this Act, the Attorney General
15may accept an assurance of voluntary compliance with respect to
16any practice deemed to be a violation of this Act from any
17manufacturer, wholesaler, or retailer who has engaged in or is
18engaging in that practice. Evidence of the violation of an
19assurance of voluntary compliance shall be prima facie evidence
20of a violation of this Act in any subsequent proceeding brought
21by the Attorney General against the alleged violator with
22regard to the specific violation or violations addressed in the
23assurance of voluntary compliance.
24    (d) Whenever the Attorney General has reason to believe
25that any manufacturer, wholesaler, or retailer has engaged in
26or is engaging in any practice in violation of this Act and



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1that proceedings would be in the public interest, he or she may
2bring an action in the name of the People of the State against
3that manufacturer, wholesaler, or retailer to restrain by
4preliminary or permanent injunction the use of that practice.
5    (e) Civil penalties paid under Section 20 shall be
6deposited into the Attorney General Court Ordered and Voluntary
7Compliance Payment Projects Fund. Moneys in the Fund shall be
8used, subject to appropriation, for the performance of any
9function pertaining to the exercise of the duties of the
10Attorney General, including, but not limited to, enforcement of
11any law of this State and conducting public education programs.
12Any moneys in the Fund that are required by the court or by an
13agreement to be used for a particular purpose must be used for
14that purpose, however.
15    Section 20. Penalties. A manufacturer, retailer, or
16wholesaler who violates this Act is subject to a civil penalty
17in an amount not to exceed $200 for each day that the violation
19    Section 98. Repeal. This Act shall be repealed if the
20United States Food and Drug Administration promulgates a final
21rule amending its food additive regulations in order to
22prohibit the use of polycarbonate resins in infant feeding
23bottles and spill-proof cups.
24    Section 99. Effective date. This Act takes effect upon



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1becoming law.