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91_SB1898
LRB9112779STsb
1 AN ACT concerning cigar labeling.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Cigar Labeling Act.
6 Section 5. Definitions. In this Act:
7 "Cigar" means any roll of tobacco wrapped in leaf tobacco
8 or in any substance containing tobacco, but does not include
9 any roll of tobacco wrapped in any substance which, because
10 of its appearance, the type of tobacco used in the filter, or
11 its packaging or labeling, is likely to be offered to or
12 purchased by consumers as a cigarette.
13 "Manufacturer" means any person, including any repacker
14 or relabeler, who manufactures, fabricates, assembles,
15 processes, or labels a finished cigar.
16 "Retail package" means a pack, box, carton, pouch, or
17 container of any kind in which cigars are offered for sale,
18 sold, or otherwise distributed to consumers, but does not
19 include cellophane wrappers, tubes, or similar wrappings in
20 which individual cigars are sold, and does not include
21 shipping cartons or other containers not normally purchased
22 by consumers.
23 Section 10. Warning labels required. Commencing one year
24 after the effective date of this Act, each manufacturer or
25 importer of cigars shall place, or cause to be placed, labels
26 bearing one of the following warnings on each retail package
27 of cigars packaged for sale and shipped for distribution in
28 Illinois:
29 WARNING: Cigars contain many of the same carcinogens
30 found in cigarettes, and cigars are not a safe substitute for
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1 smoking cigarettes.
2 WARNING: Smoking cigars regularly poses risks of cancer
3 of the mouth, throat, larynx, and esophagus similar to
4 smoking cigarettes.
5 WARNING: Smoking cigars causes lung cancer, heart
6 disease, and emphysema, and may complicate pregnancy.
7 Section 15. Introduction of labels. Commencing one year
8 after the effective date of this Act, retail packages of
9 cigars bearing the labels required under Section 10 shall be
10 introduced in the distribution chain by the manufacturer or
11 importer so that approximately equal numbers of retail
12 packages of each brand of cigars will bear each of the labels
13 required by Section 10 during each 12-month period, subject
14 to any practical limitations of the printing equipment used
15 by the manufacturer or importer for other similar conditions.
16 Section 20. Display of labels. The labels required under
17 Section 10 shall appear on the outside surface of retail
18 packages in which cigars are sold or on the cellophane
19 overwrap of the packages. The labels shall be displayed in a
20 clear and reasonable manner so that all letters in the label
21 appear in a conspicuous and legible type in contrast by
22 typography, layout, or color with all other printed material
23 on the package. Display boxes or containers used to sell
24 individual cigars shall bear a warning label so that the
25 warning can be read by retail customers removing products
26 from that box or container under ordinary conditions. Labels
27 required under Section 10 may be preprinted, at the
28 discretion of the manufacturer or importer, if they are
29 firmly attached to the retail package or cellophane overwrap
30 in such a way that the surface of the label is destroyed
31 before the label can be removed from the package or overwrap.
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1 Section 25. Penalty.
2 (a) Any person who violates this Act is liable for a
3 civil penalty not to exceed $2,500 per day for each violation
4 in addition to any other penalty established by law. A civil
5 penalty may be assessed and recovered in a civil action
6 brought in any court of competent jurisdiction.
7 (b) Actions under this Section may be brought by the
8 Attorney General on behalf of the people of the State of
9 Illinois or by any State's Attorney.
10 Section 30. Preemption. To the extent this Act conflicts
11 with any federal law or regulation that requires cigar
12 manufacturers and importers to provide warning labels on
13 cigars, those federal provisions shall control.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.