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| Public Act 097-1101 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Toxin-Free Toddler Act. | ||||
Section 5. Definitions. | ||||
"Child" means any person
who is less than 3 years of age. | ||||
"Children's food or beverage container" means an empty | ||||
bottle or cup to be filled with food or liquid that is designed | ||||
or intended by a manufacturer to be used by a child. | ||||
"Manufacturer" means any person who makes and places a | ||||
children's food or beverage container into the stream of | ||||
commerce. | ||||
"Retailer" means any person other than a manufacturer, | ||||
distributor, or wholesaler who sells at retail children's food | ||||
or beverage containers. "Sell at retail" has the same meaning | ||||
as provided under Section 1 of the Retailers' Occupation Tax | ||||
Act. | ||||
"Wholesaler" means any person, other than a manufacturer or | ||||
retailer, who sells or resells or otherwise places a children's | ||||
food or beverage container into the stream of commerce. | ||||
Section 10. Prohibit Bisphenol A in children's food or | ||||
beverage containers. | ||
(a) Beginning January 1, 2013, a manufacturer or wholesaler | ||
may not sell or offer for sale in this State a children's food | ||
or beverage container that contains bisphenol A. | ||
(b) Beginning January 1, 2014, a retailer may not knowingly | ||
sell or offer for sale in this State a children's food or | ||
beverage container that contains bisphenol A. | ||
(c) This Section does not apply to the sale of a used | ||
children's food or beverage container. | ||
Section 15. Enforcement. | ||
(a) The Attorney General may bring an action in the name of | ||
the
People of the State of Illinois to enforce the provisions | ||
of this Act in the circuit court of any county in which a | ||
violation occurs. | ||
(b) When (i) it appears to the Attorney General that a | ||
manufacturer, wholesaler, or retailer has engaged in or is | ||
engaging in any practice declared to be in violation of this | ||
Act, or (ii) the Attorney General receives a written complaint | ||
from a consumer of the commission of a practice declared to be | ||
in violation of this Act, or (iii) the Attorney General | ||
believes it to be in the public interest that an investigation | ||
should be made to ascertain whether a person in fact has | ||
engaged in or is engaging in any practice declared to be in | ||
violation of this Act, the Attorney General may: | ||
(1) Require that person to file, on terms that the | ||
Attorney General prescribes, a statement or report in | ||
writing under oath or otherwise, as to all information the | ||
Attorney General considers necessary. | ||
(2)
Examine under oath any person in connection with | ||
the conduct of any trade or commerce. | ||
(3) Examine any merchandise or sample thereof, record, | ||
book, document, account, or paper the Attorney General | ||
considers necessary. | ||
(4) Pursuant to an order of the circuit court, impound | ||
any record, book, document, account, paper, or sample of a | ||
children's food or beverage container, and retain it in the | ||
Attorney General's possession until the completion of all | ||
proceedings in connection with which it is produced. | ||
(c) In the administration of this Act, the Attorney General | ||
may accept an assurance of voluntary compliance with respect to | ||
any practice deemed to be a violation of this Act from any | ||
manufacturer, wholesaler, or retailer who has engaged in or is | ||
engaging in that practice. Evidence of the violation of an | ||
assurance of voluntary compliance shall be prima facie evidence | ||
of a violation of this Act in any subsequent proceeding brought | ||
by the Attorney General against the alleged violator with | ||
regard to the specific violation or violations addressed in the | ||
assurance of voluntary compliance. | ||
(d) Whenever the Attorney General has reason to believe | ||
that any manufacturer, wholesaler, or retailer has engaged in | ||
or is engaging in any practice in violation of this Act and | ||
that proceedings would be in the public interest, he or she may | ||
bring an action in the name of the People of the State against | ||
that manufacturer, wholesaler, or retailer to restrain by | ||
preliminary or permanent injunction the use of that practice. | ||
(e) Civil penalties paid under Section 20 shall be | ||
deposited into the Attorney General Court Ordered and Voluntary | ||
Compliance Payment Projects Fund. Moneys in the Fund shall be | ||
used, subject to appropriation, for the performance of any | ||
function pertaining to the exercise of the duties of the | ||
Attorney General, including, but not limited to, enforcement of | ||
any law of this State and conducting public education programs. | ||
Any moneys in the Fund that are required by the court or by an | ||
agreement to be used for a particular purpose must be used for | ||
that purpose, however. | ||
Section 20. Penalties. A manufacturer, retailer, or | ||
wholesaler who violates this Act is subject to a civil penalty | ||
in an amount not to exceed $200 for each day that the violation | ||
continues.
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Section 98. Repeal. This Act shall be repealed if the | ||
United States Food and Drug Administration promulgates a final | ||
rule amending its food additive regulations in order to | ||
prohibit the use of polycarbonate resins in infant feeding | ||
bottles and spill-proof cups. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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