Public Act 102-0575
 
SB0512 EnrolledLRB102 14603 CPF 19956 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Preventing Youth Vaping Act.
 
    Section 5. Definitions. In this Act:
    "Additive" means any substance the intended use of which
results or may reasonably be expected to result, directly or
indirectly, in it becoming a component or otherwise affecting
the characteristic of any tobacco product, including, but not
limited to, any substances intended for use as a flavoring or
coloring or in producing, manufacturing, packing, processing,
preparing, treating, packaging, transporting, or holding.
"Additive" does not include tobacco or a pesticide chemical
residue in or on raw tobacco or a pesticide chemical.
    "Consumer" means an individual who acquires or seeks to
acquire electronic cigarettes for personal use.
    "Distributor" means a person who sells, offers for sale,
or transfers any tobacco, electronic cigarette, or tobacco
product for resale and not for use or consumption.
"Distributor" includes a distributor as defined in Section 1
of the Cigarette Tax Act, Section 1 of the Cigarette Use Tax
Act, and Section 10-5 of the Tobacco Products Tax Act of 1995.
    "Electronic cigarette" means:
        (1) any device that employs a battery or other
    mechanism to heat a solution or substance to produce a
    vapor or aerosol intended for inhalation;
        (2) any cartridge or container of a solution or
    substance intended to be used with or in the device or to
    refill the device; or
        (3) any solution or substance, whether or not it
    contains nicotine, intended for use in the device.
    "Electronic cigarette" includes, but is not limited to,
any electronic nicotine delivery system, electronic cigar,
electronic cigarillo, electronic pipe, electronic hookah, vape
pen, or similar product or device, and any component, part, or
accessory of a device used during the operation of the device
even if the part or accessory was sold separately. "Electronic
cigarette" does not include: cigarettes, as defined in Section
1 of the Cigarette Tax Act; any product approved by the United
States Food and Drug Administration for sale as a smoking
cessation product, a tobacco dependence product, or for other
medical purposes that is marketed and sold solely for that
approved purpose; any asthma inhaler prescribed by a physician
for that condition that is marketed and sold solely for that
approved purpose; any device that meets the definition of
cannabis paraphernalia under Section 1-10 of the Cannabis
Regulation and Tax Act; or any cannabis product sold by a
dispensing organization pursuant to the Cannabis Regulation
and Tax Act or the Compassionate Use of Medical Cannabis
Program Act.
    "Manufacturer" means any person, wherever resident or
located, who manufactures and sells tobacco products.
"Manufacturer" does not include a person who makes,
manufactures, or fabricates tobacco products as a part of a
correctional industries program for sale to persons
incarcerated in penal institutions or resident patients of a
State-operated mental health facility.
    "Modified risk tobacco product" means any tobacco product
that is sold or distributed to reduce harm or the risk of
tobacco related disease associated with commercially marketed
tobacco products.
    "Person" means any individual, corporation, partnership,
limited liability company, association, or other organization
that engages in any for-profit or not-for-profit activities.
    "Retailer" means a person who engages in this State in the
sale of or offers for sale electronic cigarettes for use or
consumption and not for resale in any form. "Retailer"
includes a retailer as defined in Section 1 of the Cigarette
Tax Act and Section 10-5 of the Tobacco Products Tax Act of
1995.
    "Secondary distributor" has the same meaning as defined in
Section 1 of the Cigarette Tax Act and Section 1 of the
Cigarette Use Tax Act.
    "Tobacco product" has the same meaning as defined in
Section 10-5 of the Tobacco Products Tax Act of 1995.
 
    Section 10. Enforcement; rulemaking.
    (a) The Department of Revenue may adopt rules that are
reasonable, necessary, and related to the administration and
enforcement of this Act.
    (b) The Department of Revenue, the Department of Public
Health, a local public health department, the Department of
Human Services, the Illinois State Police, a county sheriff,
and a municipal police department may inspect any business
that sells, manufactures, transports, or distributes
electronic cigarettes in the State to ensure compliance with
this Act.
 
    Section 15. Prohibitions.
    (a) It is unlawful for a person to do any of the following:
        (1) To sell or distribute in this State; to acquire,
    hold, own, possess, or transport, for sale or distribution
    in this State; or to import, or cause to be imported into
    this State for sale or distribution in this State:
            (A) any electronic cigarette with packaging that:
                (i) bears any statement, label, stamp,
            sticker, or notice indicating that the
            manufacturer did not intend the electronic
            cigarette to be sold, distributed, or used in the
            United States, including, but not limited to,
            labels stating "For Export Only", "U.S. Tax
            Exempt", "For Use Outside U.S.", or similar
            wording; or
                (ii) does not comply with:
                    (I) all requirements imposed by or
                pursuant to federal law regarding warnings and
                other information on packages of electronic
                cigarettes manufactured, packaged, or imported
                for sale, distribution, or use in the United
                States; and
                    (II) all federal trademark and copyright
                laws; and
            (B) any electronic cigarette that the person
        otherwise knows or has reason to know the manufacturer
        did not intend to be sold, distributed, or used in the
        United States.
        (2) To alter the packaging of an electronic cigarette,
    prior to sale or distribution to the ultimate consumer, so
    as to remove, conceal, or obscure any statement, label,
    stamp, sticker, or notice required under this Section or
    federal law.
        (3) To affix any stamp required under this Act to the
    packaging of any electronic cigarettes described in
    subparagraph (A) of paragraph (1) or altered in violation
    of subparagraph (A) of paragraph (1).
        (4) To adulterate an electronic cigarette for sale in
    this State. An electronic cigarette is adulterated if:
            (A) it consists in whole or in part of any filthy,
        putrid, or decomposed substance, or is otherwise
        contaminated by any added poisonous or deleterious
        substance that may render the product injurious to
        health;
            (B) it is held or packaged in containers composed,
        in whole or in part, of any poisonous or deleterious
        substance that may render the contents injurious to
        health; or
            (C) it is required by 21 U.S.C. 387j(a) to have
        premarket review and does not have an order in effect
        under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of
        an order under 21 U.S.C. 387j(c)(1)(A).
    Electronic cigarettes first sold prior to August 8, 2016
and for which a premarket tobacco product application was
submitted to the U.S. Food and Drug Administration by
September 9, 2020 shall not be deemed to be adulterated under
subparagraph (C) of paragraph (4) of this subsection.
    (b) A distributor, secondary distributor, retailer, or
person who violates this Section shall be guilty of a Class 4
felony.
    (c) Any violation of this Act shall be reported to the
Department of Revenue within 7 business days.
 
    Section 20. Additives. An electronic cigarette for sale in
this State shall not include the following additives:
        (1) polyethylene glycol (PEG);
        (2) vitamin E acetate; or
        (3) medium chain triglycerides (MCT oil).
 
    Section 25. Advertising.
    (a) A manufacturer, distributor, or retailer may not
advertise, market, or promote an electronic cigarette as a
modified risk tobacco product unless it has been designated as
a modified risk tobacco product by the United States Food and
Drug Administration.
    (b) A manufacturer, distributor, or retailer may not
advertise, market, or promote or advertise an electronic
cigarette as providing smoking cessation benefits to consumers
unless it has approval from the United States Food and Drug
Administration to market its electronic cigarette as a medical
product for such purpose.
    (c) A manufacturer, distributor, or retailer may not
advertise, market, or promote an electronic cigarette in a
manner that includes fraudulent or misleading terms or
statements.
    (d) A manufacturer, distributor, or retailer may not
advertise, market, or promote an electronic cigarette in a
manner that:
        (1) encourages persons under 21 years of age to use an
    electronic cigarette; or
        (2) is attractive to persons under 21 years of age,
    including, but not limited to, inclusion of the following:
            (A) cartoons;
            (B) an image, character, or phrase that is similar
        to one popularly used to advertise to children; or
            (C) a video game, movie, video, or animated
        television show known to appeal primarily to persons
        under 21 years of age.
 
    Section 30. Manufacturer requirements. A manufacturer
shall ensure that the label on an electronic cigarette
container meets the nicotine addictiveness warning statement
requirements under 21 CFR 1143.3.
 
    Section 35. Violations.
    (a) Upon a finding that a distributor, secondary
distributor, retailer, or person has committed any of the
conduct prohibited under this Act or any rule adopted under
this Act, knowing or having reason to know that he or she has
done so, the Department of Revenue may: revoke or suspend the
license or licenses of the distributor, secondary distributor,
retailer, or person pursuant to the procedures set forth in
the Cigarette Tax Act, Cigarette Use Tax Act, or the Tobacco
Products Tax Act of 1995; and impose on the distributor,
secondary distributor, retailer, or person a civil penalty in
an amount not to exceed the greater of 500% of the retail value
of the electronic cigarettes involved or $10,000.
    (b) Electronic cigarettes that are acquired in, held in,
owned in, possessed in, transported within, imported into, or
sold or distributed across this State in violation of this Act
shall be deemed contraband under this Act and are subject to
seizure and forfeiture as provided in subsection (g) of
Section 1 of the Prevention of Tobacco Use by Persons under 21
Years of Age and Sale and Distribution of Tobacco Products
Act, and all such electronic cigarettes seized and forfeited
shall be destroyed or maintained and used in an undercover
capacity. Such electronic cigarettes shall be deemed
contraband whether the violation of this Act is knowing or
otherwise.
    (c) The Attorney General may enforce violations of Section
15 or 25 of this Act as an unlawful practice under the Consumer
Fraud and Deceptive Business Practices Act.
 
    Section 40. The Prevention of Tobacco Use by Persons under
21 Years of Age and Sale and Distribution of Tobacco Products
Act is amended by changing Section 1 as follows:
 
    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
    Sec. 1. Prohibition on sale of tobacco products,
electronic cigarettes, and alternative nicotine products to
persons under 21 years of age; prohibition on the distribution
of tobacco product samples, electronic cigarette samples, and
alternative nicotine product samples to any person; use of
identification cards; vending machines; lunch wagons;
out-of-package sales.
    (a) No person under 21 years of age shall buy any tobacco
product, electronic cigarette, or alternative nicotine
product. No person shall sell, buy for, distribute samples of
or furnish any tobacco product, electronic cigarette, or any
alternative nicotine product to any person under 21 years of
age.
    (a-5) No person under 16 years of age may sell any tobacco
product, electronic cigarette, or alternative nicotine product
at a retail establishment selling tobacco products, electronic
cigarettes, or alternative nicotine products. This subsection
does not apply to a sales clerk in a family-owned business
which can prove that the sales clerk is in fact a son or
daughter of the owner.
    (a-5.1) Before selling, offering for sale, giving, or
furnishing a tobacco product, electronic cigarette, or
alternative nicotine product to another person, the person
selling, offering for sale, giving, or furnishing the tobacco
product, electronic cigarette, or alternative nicotine product
shall verify that the person is at least 21 years of age by:
        (1) examining from any person that appears to be under
    30 years of age a government-issued photographic
    identification that establishes the person to be 21 years
    of age or older; or
        (2) for sales of tobacco products, electronic
    cigarettes, or alternative nicotine products made through
    the Internet or other remote sales methods, performing an
    age verification through an independent, third party age
    verification service that compares information available
    from public records to the personal information entered by
    the person during the ordering process that establishes
    the person is 21 years of age or older.
    (a-6) No person under 21 years of age in the furtherance or
facilitation of obtaining any tobacco product, electronic
cigarette, or alternative nicotine product shall display or
use a false or forged identification card or transfer, alter,
or deface an identification card.
    (a-7) (Blank).
    (a-8) A person shall not distribute without charge samples
of any tobacco product, alternative nicotine product, or
electronic cigarette to any other person, regardless of age,
except for smokeless tobacco in an adult-only facility.
    This subsection (a-8) does not apply to the distribution
of a tobacco product, electronic cigarette, or alternative
nicotine product sample in any adult-only facility.
    (a-9) For the purpose of this Section:
        "Adult-only facility" means a facility or restricted
    area (whether open-air or enclosed) where the operator
    ensures or has a reasonable basis to believe (such as by
    checking identification as required under State law, or by
    checking the identification of any person appearing to be
    under the age of 30) that no person under legal age is
    present. A facility or restricted area need not be
    permanently restricted to persons under 21 years of age to
    constitute an adult-only facility, provided that the
    operator ensures or has a reasonable basis to believe that
    no person under 21 years of age is present during the event
    or time period in question.
        "Alternative nicotine product" means a product or
    device not consisting of or containing tobacco that
    provides for the ingestion into the body of nicotine,
    whether by chewing, smoking, absorbing, dissolving,
    inhaling, snorting, sniffing, or by any other means.
    "Alternative nicotine product" does not include:
    cigarettes as defined in Section 1 of the Cigarette Tax
    Act and tobacco products as defined in Section 10-5 of the
    Tobacco Products Tax Act of 1995; tobacco product and
    electronic cigarette as defined in this Section; or any
    product approved by the United States Food and Drug
    Administration for sale as a tobacco cessation product, as
    a tobacco dependence product, or for other medical
    purposes, and is being marketed and sold solely for that
    approved purpose.
        "Electronic cigarette" means:
            (1) any device that employs a battery or other
        mechanism to heat a solution or substance to produce a
        vapor or aerosol intended for inhalation;
            (2) any cartridge or container of a solution or
        substance intended to be used with or in the device or
        to refill the device; or
            (3) any solution or substance, whether or not it
        contains nicotine intended for use in the device.
        "Electronic cigarette" includes, but is not limited
    to, any electronic nicotine delivery system, electronic
    cigar, electronic cigarillo, electronic pipe, electronic
    hookah, vape pen, or similar product or device, and any
    components or parts that can be used to build the product
    or device, and any component, part, or accessory of a
    device used during the operation of the device, even if
    the part or accessory was sold separately. "Electronic
    cigarette" does not include: cigarettes as defined in
    Section 1 of the Cigarette Tax Act and tobacco products as
    defined in Section 10-5 of the Tobacco Products Tax Act of
    1995; tobacco product and alternative nicotine product as
    defined in this Section; any product approved by the
    United States Food and Drug Administration for sale as a
    tobacco cessation product, as a tobacco dependence
    product, or for other medical purposes, and is being
    marketed and sold solely for that approved purpose; any
    asthma inhaler prescribed by a physician for that
    condition and is being marketed and sold solely for that
    approved purpose; any device that meets the definition of
    cannabis paraphernalia under Section 1-10 of the Cannabis
    Regulation and Tax Act; or any cannabis therapeutic
    product sold by a dispensing organization pursuant to the
    Cannabis Regulation and Tax Act or approved for use under
    the Compassionate Use of Medical Cannabis Pilot Program
    Act.
        "Lunch wagon" means a mobile vehicle designed and
    constructed to transport food and from which food is sold
    to the general public.
        "Nicotine" means any form of the chemical nicotine,
    including any salt or complex, regardless of whether the
    chemical is naturally or synthetically derived.
        "Tobacco product" means any product containing or made
    from tobacco that is intended for human consumption,
    whether smoked, heated, chewed, absorbed, dissolved,
    inhaled, snorted, sniffed, or ingested by any other means,
    including, but not limited to, cigarettes, cigars, little
    cigars, chewing tobacco, pipe tobacco, snuff, snus, and
    any other smokeless tobacco product which contains tobacco
    that is finely cut, ground, powdered, or leaf and intended
    to be placed in the oral cavity. "Tobacco product"
    includes any component, part, or accessory of a tobacco
    product, whether or not sold separately. "Tobacco product"
    does not include: an electronic cigarette and alternative
    nicotine product as defined in this Section; or any
    product that has been approved by the United States Food
    and Drug Administration for sale as a tobacco cessation
    product, as a tobacco dependence product, or for other
    medical purposes, and is being marketed and sold solely
    for that approved purpose.
    (b) Tobacco products, electronic cigarettes, and
alternative nicotine products may be sold through a vending
machine only if such tobacco products, electronic cigarettes,
and alternative nicotine products are not placed together with
any non-tobacco product, other than matches, in the vending
machine and the vending machine is in any of the following
locations:
        (1) (Blank).
        (2) Places to which persons under 21 years of age are
    not permitted access at any time.
        (3) Places where alcoholic beverages are sold and
    consumed on the premises and vending machine operation is
    under the direct supervision of the owner or manager.
        (4) (Blank).
        (5) (Blank).
    (c) (Blank).
    (d) The sale or distribution by any person of a tobacco
product as defined in this Section, including but not limited
to a single or loose cigarette, that is not contained within a
sealed container, pack, or package as provided by the
manufacturer, which container, pack, or package bears the
health warning required by federal law, is prohibited.
    (e) It is not a violation of this Act for a person under 21
years of age to purchase a tobacco product, electronic
cigarette, or alternative nicotine product if the person under
the age of 21 purchases or is given the tobacco product,
electronic cigarette, or alternative nicotine product in any
of its forms from a retail seller of tobacco products,
electronic cigarettes, or alternative nicotine products or an
employee of the retail seller pursuant to a plan or action to
investigate, patrol, or otherwise conduct a "sting operation"
or enforcement action against a retail seller of tobacco
products, electronic cigarettes, or alternative nicotine
products or a person employed by the retail seller of tobacco
products, electronic cigarettes, or alternative nicotine
products or on any premises authorized to sell tobacco
products, electronic cigarettes, or alternative nicotine
products to determine if tobacco products, electronic
cigarettes, or alternative nicotine products are being sold or
given to persons under 21 years of age if the "sting operation"
or enforcement action is approved by, conducted by, or
conducted on behalf of the Department of State Police, the
county sheriff, a municipal police department, the Department
of Revenue, the Department of Public Health, or a local health
department. The results of any sting operation or enforcement
action, including the name of the clerk, shall be provided to
the retail seller within 7 business days.
    (f) No person shall honor or accept any discount, coupon,
or other benefit or reduction in price that is inconsistent
with 21 CFR 1140, subsequent United States Food and Drug
Administration industry guidance, or any rules adopted under
21 CFR 1140.
    (g) Any peace officer or duly authorized member of the
Illinois State Police, a county sheriff's department, a
municipal police department, the Department of Revenue, the
Department of Public Health, a local health department, or the
Department of Human Services, upon discovering a violation of
subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
Section or a violation of the Preventing Youth Vaping Act, may
seize any tobacco products, alternative nicotine products, or
electronic cigarettes of the specific type involved in that
violation that are located at that place of business. The
tobacco products, alternative nicotine products, or electronic
cigarettes so seized are subject to confiscation and
forfeiture.
    (h) If, within 60 days after any seizure under subsection
(g), a person having any property interest in the seized
property is charged with an offense under this Section or a
violation of the Preventing Youth Vaping Act, the court that
renders judgment upon the charge shall, within 30 days after
the judgment, conduct a forfeiture hearing to determine
whether the seized tobacco products or electronic cigarettes
were part of the inventory located at the place of business
when a violation of subsection (a), (a-5), (a-5.1), (a-8),
(b), or (d) of this Section or a violation of the Preventing
Youth Vaping Act occurred and whether any seized tobacco
products or electronic cigarettes were of a type involved in
that violation. The hearing shall be commenced by a written
petition by the State, which shall include material
allegations of fact, the name and address of every person
determined by the State to have any property interest in the
seized property, a representation that written notice of the
date, time, and place of the hearing has been mailed to every
such person by certified mail at least 10 days before the date,
and a request for forfeiture. Every such person may appear as a
party and present evidence at the hearing. The quantum of
proof required shall be a preponderance of the evidence, and
the burden of proof shall be on the State. If the court
determines that the seized property was subject to forfeiture,
an order of forfeiture and disposition of the seized property
shall be entered and the property shall be received by the
prosecuting office, who shall effect its destruction.
    (i) If a seizure under subsection (g) is not followed by a
charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or
(d) of this Section or under the Preventing Youth Vaping Act,
or if the prosecution of the charge is permanently terminated
or indefinitely discontinued without any judgment of
conviction or acquittal:
        (1) the prosecuting office may commence in the circuit
    court an in rem proceeding for the forfeiture and
    destruction of any seized tobacco products or electronic
    cigarettes; and
        (2) any person having any property interest in the
    seized tobacco products or electronic cigarettes may
    commence separate civil proceedings in the manner provided
    by law.
    (j) After the Department of Revenue has seized any tobacco
product, nicotine product, or electronic cigarette as provided
in subsection (g) and a person having any property interest in
the seized property has not been charged with an offense under
this Section or a violation of the Preventing Youth Vaping
Act, the Department of Revenue must hold a hearing and
determine whether the seized tobacco products, alternative
nicotine products, or electronic cigarettes were part of the
inventory located at the place of business when a violation of
subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
Section or a violation of the Preventing Youth Vaping Act
occurred and whether any seized tobacco product, alternative
nicotine product, or electronic cigarette was of a type
involved in that violation. The Department of Revenue shall
give not less than 20 days' notice of the time and place of the
hearing to the owner of the property, if the owner is known,
and also to the person in whose possession the property was
found if that person is known and if the person in possession
is not the owner of the property. If neither the owner nor the
person in possession of the property is known, the Department
of Revenue must cause publication of the time and place of the
hearing to be made at least once each week for 3 weeks
successively in a newspaper of general circulation in the
county where the hearing is to be held.
    If, as the result of the hearing, the Department of
Revenue determines that the tobacco products, alternative
nicotine products, or the electronic cigarettes were part of
the inventory located at the place of business when a
violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or
(d) of this Section or a violation of the Preventing Youth
Vaping Act at the time of seizure, the Department of Revenue
must enter an order declaring the tobacco product, alternative
nicotine product, or electronic cigarette confiscated and
forfeited to the State, to be held by the Department of Revenue
for disposal by it as provided in Section 10-58 of the Tobacco
Products Tax Act of 1995. The Department of Revenue must give
notice of the order to the owner of the property, if the owner
is known, and also to the person in whose possession the
property was found if that person is known and if the person in
possession is not the owner of the property. If neither the
owner nor the person in possession of the property is known,
the Department of Revenue must cause publication of the order
to be made at least once each week for 3 weeks successively in
a newspaper of general circulation in the county where the
hearing was held.
(Source: P.A. 101-2, eff. 7-1-19.)
 
    Section 45. The Prevention of Cigarette Sales to Persons
under 21 Years of Age Act is amended by changing Sections 1, 2,
5, 6, 7, 8, 10, and 20 as follows:
 
    (720 ILCS 678/1)
    Sec. 1. Short title. This Act may be cited as the
Prevention of Cigarette and Electronic Cigarette Sales to
Persons under 21 Years of Age Act.
(Source: P.A. 101-2, eff. 7-1-19.)
 
    (720 ILCS 678/2)
    Sec. 2. Definitions. For the purpose of this Act:
    "Cigarette", when used in this Act, means any roll for
smoking made wholly or in part of tobacco irrespective of size
or shape and whether or not the tobacco is flavored,
adulterated, or mixed with any other ingredient, and the
wrapper or cover of which is made of paper or any other
substance or material except whole leaf tobacco.
    "Clear and conspicuous statement" means the statement is
of sufficient type size to be clearly readable by the
recipient of the communication.
    "Consumer" means an individual who acquires or seeks to
acquire cigarettes or electronic cigarettes for personal use.
    "Delivery sale" means any sale of cigarettes or electronic
cigarettes to a consumer if:
        (a) the consumer submits the order for such sale by
    means of a telephone or other method of voice
    transmission, the mails, or the Internet or other online
    service, or the seller is otherwise not in the physical
    presence of the buyer when the request for purchase or
    order is made; or
        (b) the cigarettes or electronic cigarettes are
    delivered by use of a common carrier, private delivery
    service, or the mails, or the seller is not in the physical
    presence of the buyer when the buyer obtains possession of
    the cigarettes or electronic cigarettes.
    "Delivery service" means any person (other than a person
that makes a delivery sale) who delivers to the consumer the
cigarettes or electronic cigarettes sold in a delivery sale.
    "Department" means the Department of Revenue.
    "Electronic cigarette" means:
        (1) any device that employs a battery or other
    mechanism to heat a solution or substance to produce a
    vapor or aerosol intended for inhalation;
        (2) any cartridge or container of a solution or
    substance intended to be used with or in the device or to
    refill the device; or
        (3) any solution or substance, whether or not it
    contains nicotine, intended for use in the device.
    "Electronic cigarette" includes, but is not limited to,
any electronic nicotine delivery system, electronic cigar,
electronic cigarillo, electronic pipe, electronic hookah, vape
pen, or similar product or device, and any component, part, or
accessory of a device used during the operation of the device,
even if the part or accessory was sold separately. "Electronic
cigarette" does not include: cigarettes, as defined in Section
1 of the Cigarette Tax Act; any product approved by the United
States Food and Drug Administration for sale as a tobacco
cessation product, a tobacco dependence product, or for other
medical purposes that is marketed and sold solely for that
approved purpose; any asthma inhaler prescribed by a physician
for that condition that is marketed and sold solely for that
approved purpose; any device that meets the definition of
cannabis paraphernalia under Section 1-10 of the Cannabis
Regulation and Tax Act; or any cannabis product sold by a
dispensing organization pursuant to the Cannabis Regulation
and Tax Act or the Compassionate Use of Medical Cannabis
Program Act.
    "Government-issued identification" means a State driver's
license, State identification card, passport, a military
identification or an official naturalization or immigration
document, such as an alien registration recipient card
(commonly known as a "green card") or an immigrant visa.
    "Mails" or "mailing" mean the shipment of cigarettes or
electronic cigarettes through the United States Postal
Service.
    "Out-of-state sale" means a sale of cigarettes or
electronic cigarettes to a consumer located outside of this
State where the consumer submits the order for such sale by
means of a telephonic or other method of voice transmission,
the mails or any other delivery service, facsimile
transmission, or the Internet or other online service and
where the cigarettes or electronic cigarettes are delivered by
use of the mails or other delivery service.
    "Person" means any individual, corporation, partnership,
limited liability company, association, or other organization
that engages in any for-profit or not-for-profit activities.
    "Shipping package" means a container in which packs or
cartons of cigarettes or electronic cigarettes are shipped in
connection with a delivery sale.
    "Shipping documents" means bills of lading, air bills, or
any other documents used to evidence the undertaking by a
delivery service to deliver letters, packages, or other
containers.
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
    (720 ILCS 678/5)
    Sec. 5. Unlawful shipment or transportation of cigarettes
or electronic cigarettes.
    (a) It is unlawful for any person engaged in the business
of selling cigarettes or electronic cigarettes to ship or
cause to be shipped any cigarettes or electronic cigarettes
unless the person shipping the cigarettes or electronic
cigarettes:
        (1) is licensed as a distributor or, in the case of
    electronic cigarettes, a retailer, under either the
    Cigarette Tax Act, or the Cigarette Use Tax Act, or the
    Tobacco Products Tax Act of 1995; or delivers the
    cigarettes or electronic cigarettes to a distributor, or
    in the case of electronic cigarettes, a retailer, licensed
    under either the Cigarette Tax Act, or the Cigarette Use
    Tax Act, or the Tobacco Products Tax Act of 1995; or
        (2) ships them to an export warehouse proprietor
    pursuant to Chapter 52 of the Internal Revenue Code, or an
    operator of a customs bonded warehouse pursuant to Section
    1311 or 1555 of Title 19 of the United States Code.
    For purposes of this subsection (a), a person is a
licensed distributor if the person's name appears on a list of
licensed distributors published by the Illinois Department of
Revenue. The term cigarette has the same meaning as defined in
Section 1 of the Cigarette Tax Act and Section 1 of the
Cigarette Use Tax Act. Nothing in this Act prohibits a person
licensed as a distributor under the Cigarette Tax Act, or the
Cigarette Use Tax Act, or the Tobacco Products Tax Act of 1995
from shipping or causing to be shipped any cigarettes or
electronic cigarettes to a registered retailer under the
Retailers' Occupation Tax Act provided the cigarette tax, or
cigarette use tax, or tobacco product tax has been paid.
    In this Section, "retailer" means a person who engages in
this State in the sale of or offering for sale of electronic
cigarettes for use or consumption and not for resale in any
form. "Retailer" includes a retailer as defined in Section 1
of the Cigarette Tax Act and Section 10-5 of the Tobacco
Products Tax Act of 1995.
    (b) A common or contract carrier may transport cigarettes
or electronic cigarettes to any individual person in this
State only if the carrier reasonably believes such cigarettes
or electronic cigarettes have been received from a person
described in paragraph (a)(1). Common or contract carriers may
make deliveries of cigarettes or electronic cigarettes to
licensed distributors described in paragraph (a)(1) of this
Section. Nothing in this subsection (b) shall be construed to
prohibit a person other than a common or contract carrier from
transporting not more than 1,000 cigarettes at any one time to
any person in this State.
    (c) A common or contract carrier may not complete the
delivery of any cigarettes or electronic cigarettes to persons
other than those described in paragraph (a)(1) of this Section
without first obtaining from the purchaser an official written
identification from any state or federal agency that displays
the person's date of birth or a birth certificate that
includes a reliable confirmation that the purchaser is at
least 21 years of age; that the cigarettes or electronic
cigarettes purchased are not intended for consumption by an
individual who is younger than 21 years of age; and a written
statement signed by the purchaser that certifies the
purchaser's address and that the purchaser is at least 21
years of age. The statement shall also confirm: (1) that the
purchaser understands that signing another person's name to
the certification is illegal; (2) that the sale of cigarettes
to individuals under 21 years of age is illegal; and (3) that
the purchase of cigarettes by individuals under 21 years of
age is illegal under the laws of Illinois.
    (d) When a person engaged in the business of selling
cigarettes or electronic cigarettes ships or causes to be
shipped any cigarettes or electronic cigarettes to any person
in this State, other than in the cigarette or electronic
cigarette manufacturer's or tobacco products manufacturer's
original container or wrapping, the container or wrapping must
be plainly and visibly marked with the word "cigarettes" or
"electronic cigarettes".
    (e) When a peace officer of this State or any duly
authorized officer or employee of the Illinois Department of
Public Health or Department of Revenue discovers any
cigarettes or electronic cigarettes which have been or which
are being shipped or transported in violation of this Section,
he or she shall seize and take possession of the cigarettes or
electronic cigarettes, and the cigarettes or electronic
cigarettes shall be subject to a forfeiture action pursuant to
the procedures provided under the Cigarette Tax Act, or
Cigarette Use Tax Act, or Tobacco Products Tax Act of 1995.
(Source: P.A. 101-2, eff. 7-1-19.)
 
    (720 ILCS 678/6)
    Sec. 6. Prevention of delivery sales to persons under 21
years of age.
    (a) No person shall make a delivery sale of cigarettes or
electronic cigarettes to any individual who is under 21 years
of age.
    (b) Each person accepting a purchase order for a delivery
sale shall comply with the provisions of this Act and all other
laws of this State generally applicable to sales of cigarettes
or electronic cigarettes that occur entirely within this
State.
(Source: P.A. 101-2, eff. 7-1-19.)
 
    (720 ILCS 678/7)
    Sec. 7. Age verification and shipping requirements to
prevent delivery sales to persons under 21 years of age.
    (a) No person, other than a delivery service, shall mail,
ship, or otherwise cause to be delivered a shipping package in
connection with a delivery sale unless the person:
        (1) prior to the first delivery sale to the
    prospective consumer, obtains from the prospective
    consumer a written certification which includes a
    statement signed by the prospective consumer that
    certifies:
            (A) the prospective consumer's current address;
        and
            (B) that the prospective consumer is at least the
        legal minimum age;
        (2) informs, in writing, such prospective consumer
    that:
            (A) the signing of another person's name to the
        certification described in this Section is illegal;
            (B) sales of cigarettes or electronic cigarettes
        to individuals under 21 years of age are illegal;
            (C) the purchase of cigarettes or electronic
        cigarettes by individuals under 21 years of age is
        illegal; and
            (D) the name and identity of the prospective
        consumer may be reported to the state of the
        consumer's current address under the Act of October
        19, 1949 (15 U.S.C. 375, et seq.), commonly known as
        the Jenkins Act;
        (3) makes a good faith effort to verify the date of
    birth of the prospective consumer provided pursuant to
    this Section by:
            (A) comparing the date of birth against a
        commercially available database; or
            (B) obtaining a photocopy or other image of a
        valid, government-issued identification stating the
        date of birth or age of the prospective consumer;
        (4) provides to the prospective consumer a notice that
    meets the requirements of subsection (b);
        (5) receives payment for the delivery sale from the
    prospective consumer by a credit or debit card that has
    been issued in such consumer's name, or by a check or other
    written instrument in such consumer's name; however, no
    money order or cash payment shall be received or permitted
    and the seller shall submit to each credit card acquiring
    company with which it has credit card sales identification
    information in an appropriate form and format so that the
    words "tobacco product" may be printed in the purchaser's
    credit card statement when a purchase of a cigarette or
    electronic cigarette is made by credit card payment; and
        (6) ensures that the shipping package is delivered to
    the same address as is shown on the government-issued
    identification or contained in the commercially available
    database. No delivery described under this Section shall
    be permitted to any post office box.
    (b) The notice required under this Section shall include:
        (1) a statement that cigarette and electronic
    cigarette sales to consumers below 21 years of age are
    illegal;
        (2) a statement that sales of cigarettes and
    electronic cigarettes are restricted to those consumers
    who provide verifiable proof of age in accordance with
    subsection (a);
        (3) a statement that cigarette or electronic cigarette
    sales are subject to tax under Section 2 of the Cigarette
    Tax Act (35 ILCS 130/2), Section 2 of the Cigarette Use Tax
    Act, and Section 3 of the Use Tax Act, and Section 10-10 of
    the Tobacco Products Tax Act of 1995 and an explanation of
    how the correct tax has been, or is to be, paid with
    respect to such delivery sale.
    (c) A statement meets the requirement of this Section if:
        (1) the statement is clear and conspicuous;
        (2) the statement is contained in a printed box set
    apart from the other contents of the communication;
        (3) the statement is printed in bold, capital letters;
        (4) the statement is printed with a degree of color
    contrast between the background and the printed statement
    that is no less than the color contrast between the
    background and the largest text used in the communication;
    and
        (5) for any printed material delivered by electronic
    means, the statement appears at both the top and the
    bottom of the electronic mail message or both the top and
    the bottom of the Internet website homepage.
    (d) Each person, other than a delivery service, who mails,
ships, or otherwise causes to be delivered a shipping package
in connection with a delivery sale shall:
        (1) include as part of the shipping documents a clear
    and conspicuous statement stating: "Cigarettes or
    Electronic Cigarettes: Illinois Law Prohibits Shipping to
    Individuals Under 21 and Requires the Payment of All
    Applicable Taxes";
        (2) use a method of mailing, shipping, or delivery
    that requires a signature before the shipping package is
    released to the consumer; and
        (3) ensure that the shipping package is not delivered
    to any post office box.
(Source: P.A. 101-2, eff. 7-1-19; revised 4-29-19.)
 
    (720 ILCS 678/8)
    Sec. 8. Registration and reporting requirements to prevent
delivery sales to persons under 21 years of age.
    (a) Not later than the 15th day of each month, each person
making a delivery sale during the previous calendar month
shall file a report with the Department containing the
following information:
        (1) the seller's name, trade name, and the address of
    such person's principal place of business and any other
    place of business;
        (2) the name and address of the consumer to whom such
    delivery sale was made;
        (3) the brand style or brand styles of the cigarettes
    or electronic cigarettes that were sold in such delivery
    sale;
        (4) the quantity of cigarettes that were sold in such
    delivery sale;
        (5) an indication of whether or not the cigarettes or
    electronic cigarettes sold in the delivery sale bore a tax
    stamp evidencing payment of the tax under Section 2 of the
    Cigarette Tax Act (35 ILCS 130/2); and
        (6) such other information the Department may require.
    (b) Each person engaged in business within this State who
makes an out-of-state sale shall, for each individual sale,
submit to the appropriate tax official of the state in which
the consumer is located the information required in subsection
(a).
    (c) Any person that satisfies the requirements of 15
U.S.C. Section 376 shall be deemed to satisfy the requirements
of subsections (a) and (b).
    (d) The Department is authorized to disclose to the
Attorney General any information received under this title and
requested by the Attorney General. The Department and the
Attorney General shall share with each other the information
received under this title and may share the information with
other federal, State, or local agencies for purposes of
enforcement of this title or the laws of the federal
government or of other states.
    (e) This Section shall not be construed to impose
liability upon any delivery service, or officers or employees
thereof, when acting within the scope of business of the
delivery service.
    (f) The Department may establish procedures requiring
electronic transmission of the information required by this
Section directly to the Department on forms prescribed and
furnished by the Department.
(Source: P.A. 101-2, eff. 7-1-19.)
 
    (720 ILCS 678/10)
    Sec. 10. Violation.
    (a) A person who violates subsection (a), (b), or (c) of
Section 5 or Section 6, 7, 8, or 9 is guilty of a Class A
misdemeanor. A second or subsequent violation of subsection
(a), (b), or (c) of Section 5 or Section 6, 7, 8, or 9 is a
Class 4 felony.
    (b) The Department of Revenue shall impose a civil penalty
not to exceed $5,000 on any person who violates subsection
(a), (b), or (c) of Section 5 or Section 6, 7, 8, or 9. The
Department of Revenue shall impose a civil penalty not to
exceed $5,000 on any person engaged in the business of selling
cigarettes or electronic cigarettes who ships or causes to be
shipped any such cigarettes or electronic cigarettes to any
person in this State in violation of subsection (d) of Section
5. Civil penalties imposed and collected by the Department
shall be deposited into the Tax Compliance and Administration
Fund.
    (c) All cigarettes or electronic cigarettes sold or
attempted to be sold in a delivery sale that does not meet the
requirements of this Act shall be forfeited to the State. All
cigarettes or electronic cigarettes forfeited to this State
under this Act shall be destroyed or maintained and used in an
undercover capacity. The Department may, prior to any
destruction of cigarettes or electronic cigarettes, permit the
true holder of the trademark rights in the cigarette or
electronic cigarette brand to inspect such contraband
cigarettes or electronic cigarettes, in order to assist the
Department in any investigation regarding such cigarettes or
electronic cigarettes.
    (d) Any person aggrieved by any decision of the Department
of Revenue may, within 60 days after notice of that decision,
protest in writing and request a hearing. The Department of
Revenue shall give notice to the person of the time and place
for the hearing and shall hold a hearing before it issues a
final administrative decision. Absent a written protest within
60 days, the Department's decision shall become final without
any further determination made or notice given.
    (e) The penalties provided for in this Section are in
addition to any other penalties provided for by law.
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
    (720 ILCS 678/20)
    Sec. 20. Tip line.
    (a) Not later than 120 days after January 1, 2010 (the
effective date of Public Act 95-1053 this amendatory Act of
the 95th General Assembly ), the Department shall establish,
publicize, and maintain a toll-free telephone number to
receive information related to the sale and delivery of
contraband cigarettes or electronic cigarettes.
    (b) The Attorney General may pay a reward of up to $5,000
to any person who furnishes information leading to the
Department's collection of excise taxes imposed upon delivery
sales which otherwise would not have been collected but for
the information provided by the person.
(Source: P.A. 95-1053, eff. 1-1-10.)
 
    Section 97. Severability. If any provision of this Act or
its application to any person or circumstance is held invalid,
the invalidity of that provision or application does not
affect other provisions or applications of this Act that can
be given effect without the invalid provision or application.