Full Text of SB3750 96th General Assembly
SB3750sam002 96TH GENERAL ASSEMBLY
|
Sen. Dan Kotowski
Filed: 3/24/2010
|
|
09600SB3750sam002 |
|
LRB096 20860 JDS 39605 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 3750
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 3750 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 1. Short title. This Act may be cited as the | 5 |
| BPA-Free Kids Act. | 6 |
| Section 5. Legislative findings. The General Assembly | 7 |
| finds that: | 8 |
| (a) The incidence of some diseases and disorders that have | 9 |
| been linked to chemical exposures is on the rise. | 10 |
| (b) The metabolism, physiology, and exposure patterns of | 11 |
| developing fetuses, infants, and children to toxic chemicals | 12 |
| differ from those of adults, which makes children more | 13 |
| vulnerable than adults to the harmful effects of exposure to | 14 |
| some synthetic chemicals. | 15 |
| (c) Unlike pharmaceuticals and pesticides, manufacturers | 16 |
| of most chemical substances are not required under current law |
|
|
|
09600SB3750sam002 |
- 2 - |
LRB096 20860 JDS 39605 a |
|
| 1 |
| to supply human or environmental toxicity information before | 2 |
| selling their products to the public. Consequently, the vast | 3 |
| majority of chemicals used in consumer products have never had | 4 |
| any federal or state government review to evaluate potential | 5 |
| toxicity to the environment, infants, children, developing | 6 |
| fetuses, or adults. | 7 |
| (d) To protect children's health, it is important to reduce | 8 |
| or eliminate exposures to certain chemicals that are present in | 9 |
| children's products or that may be reasonably anticipated to | 10 |
| result in children's exposure or be placed in the mouths of | 11 |
| children. | 12 |
| Section 10. Definitions. | 13 |
| "Agency" means the Illinois Environmental Protection | 14 |
| Agency. | 15 |
| "Baby food" means a prepared solid food consisting of a | 16 |
| soft paste or an easily chewed food that is intended for | 17 |
| consumption by children 2 years of age or younger and is | 18 |
| commercially available. | 19 |
| "Department" means the Illinois Department of Public | 20 |
| Health. | 21 |
| "Infant formula" means a milk-based or soy-based powder, | 22 |
| concentrated liquid, or ready-to-feed substitute for human | 23 |
| breast milk, which is intended for infant consumption and is | 24 |
| commercially available. | 25 |
| "Manufacturer" means a person who manufactured a final |
|
|
|
09600SB3750sam002 |
- 3 - |
LRB096 20860 JDS 39605 a |
|
| 1 |
| product or whose brand name is affixed to a product. In the | 2 |
| case of a product that was imported into the United States, | 3 |
| "manufacturer" includes the importer or domestic distributor | 4 |
| of the product if the person who manufactured or assembled the | 5 |
| product or whose brand name is affixed to it does not have a | 6 |
| presence in the United States. | 7 |
| "Person" means any individual, partnership, | 8 |
| co-partnership, firm, company, limited liability company, | 9 |
| corporation, association, joint stock company, trust, estate, | 10 |
| political subdivision, state agency, or any other legal entity, | 11 |
| or his, her, or its legal representative, agent, or assigns. | 12 |
| Section 15. Bisphenol-A ban; exemption. | 13 |
| (a) Beginning June 1, 2011, no person shall sell, offer to | 14 |
| sell, distribute, or offer to distribute any reusable | 15 |
| children's food or beverage container, including any baby | 16 |
| bottle or sippy cup, that contains bisphenol-A if that | 17 |
| container (i) is designed, intended, or marketed to be filled | 18 |
| with any food or beverage primarily for consumption by children | 19 |
| 3 years of age or younger and (ii) is sold or distributed at | 20 |
| retail without containing any liquid, food, or beverage. | 21 |
| (b) Beginning June 1, 2015, no person shall sell, offer to | 22 |
| sell, distribute, or offer to distribute any infant formula or | 23 |
| baby food that is stored in a can, jar, or plastic container | 24 |
| that contains bisphenol-A. | 25 |
| (c) The manufacturer of an infant formula or baby food may |
|
|
|
09600SB3750sam002 |
- 4 - |
LRB096 20860 JDS 39605 a |
|
| 1 |
| obtain an exemption from subsection (b) for a particular type | 2 |
| of infant formula or baby baby food in a calendar year if
(i) | 3 |
| there is no bisphenol-a free can, jar, plastic container, or | 4 |
| other alternative packaging compatible with that particular | 5 |
| type of infant formula or baby food that complies with | 6 |
| applicable federal Food and Drug Administration regulations, | 7 |
| if any, and
(ii) the manufacturer files a notification to that | 8 |
| effect with the Illinois Attorney General prior to January 1 of | 9 |
| that year.
The notification should explain why alternative | 10 |
| packaging is not compatible with the product or violates Food | 11 |
| and Drug Administration regulations. Manufacturers must submit | 12 |
| separate notifications for each particular type of infant | 13 |
| formula or baby food for which they seek an exemption.
| 14 |
| Section 20. Interstate clearinghouse. The Agency and the | 15 |
| Department are authorized to participate, along with other | 16 |
| states and governmental entities, in an interstate | 17 |
| clearinghouse to promote safer chemicals in consumer products. | 18 |
| The Agency and Department may cooperate with the interstate | 19 |
| clearinghouse to (i) organize and manage available data on | 20 |
| chemicals, including information on uses, hazards, | 21 |
| environmental concerns, safer alternatives, and model policies | 22 |
| and programs, (ii) provide technical assistance regarding | 23 |
| chemical safety to businesses, consumers, and policy makers, | 24 |
| and (iii) undertake other activities in support of State | 25 |
| programs to promote chemical safety. |
|
|
|
09600SB3750sam002 |
- 5 - |
LRB096 20860 JDS 39605 a |
|
| 1 |
| Section 25. Implementation and exemption. | 2 |
| (a) Manufacturers and wholesalers of products restricted | 3 |
| under Section 15 of this Act must, no less than 90 days before | 4 |
| the effective date of such a restriction, notify persons to | 5 |
| whom they sell a restricted product about the provisions of | 6 |
| this Act. | 7 |
| (b) A retailer who unknowingly sells a product that is | 8 |
| restricted from sale under this Act is not liable under this | 9 |
| Act. | 10 |
| Section 30. Enforcement and penalties. | 11 |
| (a) The Attorney General is responsible for administering | 12 |
| and ensuring compliance with this Act, including the | 13 |
| development and adoption of any rules, if necessary, for the | 14 |
| implementation and enforcement of this Act.
| 15 |
| (b) The Attorney General shall develop and implement a | 16 |
| process for receiving and handling complaints from individuals | 17 |
| regarding possible violations of this Act. | 18 |
| (c) The Attorney General may conduct any investigation | 19 |
| deemed necessary regarding possible violations of this Act | 20 |
| including, without limitation, the issuance of subpoenas to: | 21 |
| (i) require the filing of a statement or report or answer | 22 |
| interrogatories in writing as to all information relevant to | 23 |
| the alleged violations; (ii) examine under oath any person who | 24 |
| possesses knowledge or information directly related to the |
|
|
|
09600SB3750sam002 |
- 6 - |
LRB096 20860 JDS 39605 a |
|
| 1 |
| alleged violations; and (iii) examine any record, book, | 2 |
| document, account, or paper necessary to investigate the | 3 |
| alleged violation. | 4 |
| (d) Service by the Attorney General of any notice requiring | 5 |
| a person to file a statement or report, or of a subpoena upon | 6 |
| any person, shall be made: | 7 |
| (1) personally by delivery of a duly executed copy | 8 |
| thereof to the person to be served or, if a person is not a | 9 |
| natural person, in the manner provided in the Code of Civil | 10 |
| Procedure when a complaint is filed; or | 11 |
| (2) by mailing by certified mail a duly executed copy | 12 |
| thereof to the person to be served at his or her last known | 13 |
| abode or principal place of business within this State. | 14 |
| (e) In lieu of a civil action, the individual or entity | 15 |
| alleged to have engaged in a pattern or practice deemed | 16 |
| violative of this Act may enter into an Assurance of Voluntary | 17 |
| Compliance with respect to the alleged pattern or practice | 18 |
| violation. | 19 |
| (f) If the Attorney General determines that there is a | 20 |
| reason to believe that a violation of the Act has occurred, the | 21 |
| Attorney General may bring an action in the name of the People | 22 |
| of the State to obtain temporary, preliminary, or permanent | 23 |
| injunctive relief for any act, policy, or practice that | 24 |
| violates this Act. | 25 |
| (g) If any person fails or refuses to file any statement or | 26 |
| report, or obey any subpoena, issued pursuant to subsection (c) |
|
|
|
09600SB3750sam002 |
- 7 - |
LRB096 20860 JDS 39605 a |
|
| 1 |
| of this Section, the Attorney General may proceed to initiate a | 2 |
| civil action pursuant to subsection (f) of this Section, or | 3 |
| file a complaint in the circuit court for the granting of | 4 |
| injunctive relief, including restraining the conduct that is | 5 |
| alleged to violate this Act until the person files the | 6 |
| statement or report, or obeys the subpoena.
| 7 |
| (h) Relief that may be granted. | 8 |
| (1) In any civil action brought pursuant to subsection | 9 |
| (f) of this Section, the Attorney General may obtain as a | 10 |
| remedy, equitable relief (including any permanent or | 11 |
| preliminary injunction, temporary restraining order, or | 12 |
| other order, including an order enjoining the defendant | 13 |
| from engaging in a violation or ordering any action as may | 14 |
| be appropriate). In addition, the Attorney General may | 15 |
| request and the Court may impose a civil penalty in an | 16 |
| amount not to exceed $50,000 for each violation. For | 17 |
| purposes of this subsection, each item and each standard | 18 |
| constitutes a separate violation. | 19 |
| (2) A civil penalty imposed or a settlement or other | 20 |
| payment made pursuant to this Act shall be made payable to | 21 |
| the Attorney General's State Projects and Court Ordered | 22 |
| Distribution Fund, which is created as a special fund in | 23 |
| the State Treasury. Moneys in the Fund shall be used, | 24 |
| subject to appropriation, for the performance of any | 25 |
| function pertaining to the exercise of the duties of the | 26 |
| Attorney General including but not limited to enforcement |
|
|
|
09600SB3750sam002 |
- 8 - |
LRB096 20860 JDS 39605 a |
|
| 1 |
| of any law of this State, product testing, and conducting | 2 |
| public education programs. | 3 |
| (3) Any funds collected under this Section in an action | 4 |
| in which the State's Attorney has prevailed shall be | 5 |
| retained by the county in which he or she serves.
| 6 |
| (i) The penalties and injunctions provided in this Act are | 7 |
| in addition to any penalties, injunctions, or other relief | 8 |
| provided under any other law. Nothing in this Act
shall bar a | 9 |
| cause of action by the State for any other penalty, injunction, | 10 |
| or relief
provided by any other law.
| 11 |
| Section 90. The State Finance Act is amended by adding | 12 |
| Section 5.756 as follows: | 13 |
| (30 ILCS 105/5.756 new) | 14 |
| Sec. 5.756. The Attorney General's State Projects and Court | 15 |
| Ordered Distribution Fund. ".
|
|