Public Act 101-0582
 
SB0664 EnrolledLRB101 04425 CPF 49433 b


  
    AN ACT concerning regulation.
  
 
    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 
Tobacco Products Compliance Act.
 
    Section 5. Definitions. As used in this Act:
    "Person" means any individual, corporation, partnership, 
firm,
organization
or association.
    "Tobacco product" means any product made or derived from 
tobacco, any product containing tobacco, or any product 
intended for or traditionally used with tobacco, including 
papers, wraps, tubes, and filters.  A product of a type that 
has, in the past, been used  in conjunction with tobacco or 
nicotine use will be deemed a "tobacco product" regardless of 
any labeling or descriptive language on such product stating 
that the product is not intended for use with tobacco or for 
non-tobacco use only or other similar language.
 
    Section 10. Compliance reports.   Any person who 
manufactures any tobacco product in the State for distribution 
or sale in the United States shall be required to provide 
annually, by June 1, 2020 and by June 1 of each year 
thereafter, a written certification, including supporting 
evidence and documentation, of such person's compliance with 
Sections 903, 904, 905, and 920 of the federal Family Smoking 
Prevention and Tobacco Control Act to the Illinois Department 
of Public Health.  Such person will also be required to provide, 
for each tobacco product manufactured, sold, or distributed by 
the person (including all tobacco products manufactured in the 
State by the person and all other tobacco products sold or 
distributed by the person) written evidence and documentation 
that each such tobacco product, as required by the Tobacco 
Control Act, is one of the following: (i) "grandfathered" (that 
is, first introduced into interstate commerce for commercial 
distribution in the United States on or before February 15, 
2007); (ii) "provisional" (that is, first introduced into 
interstate commerce for commercial distribution in the United 
States between February 15, 2007 and March 22, 2011, and for 
which a substantial equivalence report was submitted to the FDA 
by March 22, 2011); or (iii) determined to be "substantially 
equivalent" (that is, is the subject of a marketing 
authorization order from the FDA after review of a premarket 
submission intended to demonstrate substantial equivalence).
 
    Section 15. Private right of action. To enforce against a 
violation of the Act or any rule adopted under this Act by any 
local government or political subdivision as described in this 
Act, any interested party may file suit in circuit court in the 
county where the alleged violation occurred or where any person 
who is a party to the action resides. Actions may be brought by 
one or more persons for and on behalf of themselves and other 
persons similarly situated. If the interested party prevails in 
its enforcement action, it will be entitled to recover damages 
of 3 times its attorney's fees and costs, and, in addition, the 
court or other adjudicating body, at its discretion, may assess 
punitive damages for any wanton or flagrant violation of the 
law.
 
    Section 20. Rulemaking. The Department of Public Health 
shall adopt rules for the administration and enforcement of 
this Act.
 

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