Bill Amendment: IL HB0147 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CBD SAFETY ACT

Status: 2021-07-16 - Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0147 Detail]

Download: Illinois-2021-HB0147-House_Amendment_002.html

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Rep. Bob Morgan

Filed: 3/23/2021

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AMENDMENT TO HOUSE BILL 147
AMENDMENT NO. ______. Amend House Bill 147, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 1. Short title. This Act may be cited as the CBD
Safety Act.
Section 5. Definitions. In this Act:
"Cannabinoid product" means a product offered for sale
that contains cannabinoids and is not regulated under the
Compassionate Use of Medical Cannabis Program Act or the
Cannabis Regulation and Tax Act. "Cannabinoid product"
includes foods, and only foods, containing cannabinoids and
that are not time/temperature control for safety foods, as
defined in Section 1-201.10 of the Food Code 2017
Recommendations of the United States Public Health Service
Food and Drug Administration.

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"Department" means the Department of Agriculture.
"Director" means the Director of Agriculture.
Section 10. Cannabinoid product labeling, packaging, and
testing requirements. No person shall manufacture, process, or
offer for sale a cannabinoid product unless the cannabinoid
product has labeling and packaging and has undergone lab
testing that meet labeling, packaging, and minimum testing
requirements pursuant to rules adopted by the Department under
subsection (b) of Section 15.
Section 15. Administration and enforcement; rules;
emergency rules; inspection.
(a) The Department shall administer and enforce this Act
and may adopt rules under the Illinois Administrative
Procedure Act for the purpose of administering and enforcing
this Act.
(b) The Department shall develop rules setting forth
labeling, packaging, and minimum testing requirements of
cannabinoid products.
(c) In order to provide for the expeditious and timely
implementation of the provisions of this Act, the Department
may adopt emergency rules in accordance with Section 5-45 of
the Illinois Administrative Procedure Act to the extent
necessary to administer the Department's responsibilities
under this Act. The adoption of emergency rules authorized by

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this subsection (c) is deemed to be necessary for the public
interest, safety, and welfare.
(d) The Department of Public Health, local health
departments, the Illinois State Police, local sheriff's
departments, municipal police departments, the Department of
Revenue, and the Department may inspect any business that
manufactures, processes, or offers for sale cannabinoid
products in the State to ensure compliance with this Act.
Section 20. Administrative penalties; judicial review. The
following administrative fines may be imposed by the
Department upon any person or entity who violates any
provision of this Act or any rule adopted by the Department
under this Act:
(1) A penalty of $500 for a first violation.
(2) A penalty of $1,500 for a second violation at the
same location within 2 years of the first violation.
(3) A penalty of $2,500 for a third or subsequent
violation at the same location within 2 years of the
second violation.
Moneys collected by the Department under this Section
shall be deposited into the CBD Safety Fund. Any penalty of
$2,500 or greater that is not paid within 120 days of issuance
of notice from the Department shall be submitted to the
Department of Revenue for collection as provided under the
Illinois State Collection Act of 1986. The Department may

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prohibit any person from selling or distributing a cannabinoid
product for failure to pay an administrative monetary penalty
within 60 days of issuance of notice from the Department.
All final administrative decisions of the Department are
subject to judicial review under the Administrative Review
Law. The term "administrative decision" has the meaning
ascribed to that term in Section 3-101 of the Code of Civil
Procedure.
Section 25. Publishing information. The Department shall
make available to the public complaints about cannabinoid
products, information regarding a pending administrative
hearing or court case under this Act, or any disciplinary
action taken against a cannabinoid product manufacturer,
processor, or seller.
Section 30. Temporary restraining order or injunction. The
Director, through the Attorney General, may file a complaint
and apply to the circuit court for, and the court upon hearing
and for cause shown may grant, a temporary restraining order
or a preliminary or permanent injunction restraining any
person from violating this Act.
Section 35. CBD Safety Fund. The CBD Safety Fund is
created as a special fund in the State treasury. Moneys in the
Fund shall be utilized, subject to appropriation, by the

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Department for the implementation, administration, and
enforcement of this Act.
Section 40. Federal law; preemption. Notwithstanding any
other provision of this Act, the State may not regulate the
safety of cannabinoid products in a way that is inconsistent
with a federal law, rule, or regulation that regulates the
safety of cannabinoid products and is in effect on or after the
effective date of this Act.
Section 90. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.8 as follows:
(5 ILCS 100/5-45.8 new)
Sec. 5-45.8. Emergency rulemaking; CBD Safety Act. To
provide for the expeditious and timely implementation of the
CBD Safety Act, emergency rules implementing the CBD Safety
Act may be adopted in accordance with Section 5-45 by the
Department of Agriculture. The adoption of emergency rules
authorized by Section 5-45 and this Section is deemed to be
necessary for the public interest, safety, and welfare.
This Section is repealed on January 1, 2027.
Section 95. The State Finance Act is amended by adding
Section 5.935 as follows:

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(30 ILCS 105/5.935 new)
Sec. 5.935. The CBD Safety Fund.
Section 99. Effective date. This Act takes effect 180 days
after becoming law.".