Bill Amendment: IL SB0664 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TOBACCO PRODUCTS COMPLIANCE

Status: 2019-08-26 - Public Act . . . . . . . . . 101-0582 [SB0664 Detail]

Download: Illinois-2019-SB0664-Senate_Amendment_002.html

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Sen. John G. Mulroe

Filed: 4/24/2019

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AMENDMENT TO SENATE BILL 664
AMENDMENT NO. ______. Amend Senate Bill 664 by replacing
everything after the enacting clause with the following:
"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

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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

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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.".