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Public Act 101-0582
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| SB0664 Enrolled | LRB101 04425 CPF 49433 b |
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AN ACT concerning regulation.
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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 |
Tobacco Products Compliance Act.
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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.
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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 |
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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).
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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 |
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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.
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Section 20. Rulemaking. The Department of Public Health |
shall adopt rules for the administration and enforcement of |
this Act.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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