Illinois General Assembly - Full Text of SB2950
Illinois General Assembly

Previous General Assemblies

Full Text of SB2950  97th General Assembly




SB2950 EngrossedLRB097 15454 JDS 60554 b

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



SB2950 Engrossed- 2 -LRB097 15454 JDS 60554 b

1beverage containers.
2    (a) Beginning January 1, 2013, no manufacturer or
3wholesaler may sell or offer for sale in this State a
4children's food or beverage container that contains bisphenol
6    (b) Beginning January 1, 2014, no retailer may sell or
7offer for sale in this State a children's food or beverage
8container that contains bisphenol A.
9    (c) This Section does not apply to the sale of a used
10children's food or beverage container.
11    Section 15. Enforcement.
12    (a) The Attorney General may bring an action in the name of
13the People of the State of Illinois to enforce the provisions
14of this Act in the circuit court of any county in which a
15violation occurs.
16    (b) When (i) it appears to the Attorney General that a
17manufacturer, wholesaler, or retailer has engaged in or is
18engaging in any practice declared to be in violation of this
19Act, or (ii) the Attorney General receives a written complaint
20from a consumer of the commission of a practice declared to be
21in violation of this Act, or (iii) the Attorney General
22believes it to be in the public interest that an investigation
23should be made to ascertain whether a person in fact has
24engaged in or is engaging in any practice declared to be in
25violation of this Act, the Attorney General may:



SB2950 Engrossed- 3 -LRB097 15454 JDS 60554 b

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



SB2950 Engrossed- 4 -LRB097 15454 JDS 60554 b

1or is engaging in any practice in violation of this Act and
2that proceedings would be in the public interest, he or she may
3bring an action in the name of the People of the State against
4that manufacturer, wholesaler, or retailer to restrain by
5preliminary or permanent injunction the use of that practice.
6    (e) Civil penalties paid under Section 20 shall be
7deposited into the Attorney General Court Ordered and Voluntary
8Compliance Payment Projects Fund. Moneys in the Fund shall be
9used, subject to appropriation, for the performance of any
10function pertaining to the exercise of the duties of the
11Attorney General, including, but not limited to, enforcement of
12any law of this State and conducting public education programs.
13Any moneys in the Fund that are required by the court or by an
14agreement to be used for a particular purpose must be used for
15that purpose, however.
16    Section 20. Penalties. A manufacturer, retailer, or
17wholesaler who violates this Act is subject to a civil penalty
18in an amount not to exceed $200 for each day that the violation
20    Section 98. Repeal. This Act shall be repealed if the
21United States Food and Drug Administration promulgates a final
22rule amending its food additive regulations in order to
23prohibit the use of polycarbonate resins in infant feeding
24bottles and spill-proof cups.



SB2950 Engrossed- 5 -LRB097 15454 JDS 60554 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.