Bill Amendment: IL SB0668 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: REGULATION-TECH

Status: 2021-01-13 - Session Sine Die [SB0668 Detail]

Download: Illinois-2019-SB0668-Senate_Amendment_001.html

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Sen. John J. Cullerton

Filed: 10/28/2019

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AMENDMENT TO SENATE BILL 668
AMENDMENT NO. ______. Amend Senate Bill 668 as follows:
"Section 1. Short title. This Act may be cited as the
Flavored Tobacco Ban Act.
Section 5. Definitions. In this Act:
"Alternative nicotine product" means a product or device
not consisting of or containing tobacco that provides for the
ingestion into the body of nicotine, whether by chewing,
smoking, absorbing, dissolving, inhaling, snorting, sniffing,
or by any other means. "Alternative nicotine product" does not
include: cigarettes as defined in Section 1 of the Cigarette
Tax Act and tobacco products as defined in Section 10-5 of the
Tobacco Products Tax Act of 1995; tobacco product and
electronic cigarette as defined in this Section; or any product
approved by the United States Food and Drug Administration for
sale as a tobacco cessation product, as a tobacco dependence

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product, or for other medical purposes, and is being marketed
and sold solely for that approved purpose.
"Characterizing flavor" means a distinguishable taste or
aroma, other than the taste or aroma of tobacco, including, but
not limited to, any fruit, chocolate, vanilla, honey, candy,
cocoa, dessert, alcoholic beverage, mint, menthol,
wintergreen, herb, or spice flavoring. In no event shall a
tobacco product, related tobacco product, alternative nicotine
product, or solution or substance intended for use with
electronic cigarettes or any component part of a tobacco
product, related tobacco product, alternative nicotine
product, or solution or substance intended for use with
electronic cigarettes be construed to have a characterizing
flavor based solely on the use of trace additives or flavorings
or the provision of ingredient information.
"Department" means the Department of Human Services.
"Distinguishable" means perceivable by either the sense of
smell or taste.
"Distributor" means a person who sells, offers for sale, or
transfers any flavored cigarettes, flavored tobacco products,
or tobacco products for resale and not for use or consumption.
"Distributor" includes a "distributor" as defined in Section 1
of the Cigarette Tax Act, Section 1 of the Cigarette Use Tax
Act, and Section 10-5 of the Tobacco Products Tax Act of 1995.
"Electronic cigarette" means:
(1) any device that employs a battery or other

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mechanism to heat a solution or substance to produce a
vapor or aerosol intended for inhalation;
(2) any cartridge or container of a solution or
substance intended to be used with or in the device or to
refill the device; or
(3) any solution or substance, whether or not it
contains nicotine, intended for use in the device.
"Electronic cigarette" includes, but is not limited to, any
electronic nicotine delivery system, electronic cigar,
electronic cigarillo, electronic pipe, electronic hookah, vape
pen, or similar product or device, and any components or parts
that can be used to build the product or device. "Electronic
cigarette" does not include: cigarettes as defined in Section 1
of the Cigarette Tax Act; tobacco product, related tobacco
product, and alternative nicotine product as defined in this
Section; any product approved by the United States Food and
Drug Administration for sale as a tobacco cessation product, as
a tobacco dependence product, or for other medical purposes,
and is being marketed and sold solely for that approved
purpose; any asthma inhaler prescribed by a physician for that
condition and is being marketed and sold solely for that
approved purpose; or any therapeutic product approved for use
under the Compassionate Use of Medical Cannabis Pilot Program
Act.
"Flavored alternative nicotine product" means any
alternative nicotine product that contains a natural or

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artificial constituent or additive that imparts a
characterizing flavor.
"Flavored related tobacco product" means any related
tobacco product that contains a natural or artificial
constituent or additive that imparts a characterizing flavor.
"Flavored solution or substance intended for use with
electronic cigarettes" means any solution or substance
intended for use with electronic cigarettes that contains a
natural or artificial constituent or additive that imparts a
characterizing flavor.
"Flavored tobacco product" means any tobacco product that
contains a natural or artificial constituent or additive that
imparts a characterizing flavor.
"Labeling" means written, printed, pictorial, or graphic
matter upon any tobacco product, related tobacco product,
alternative nicotine product, or solution or substance
intended for use with electronic cigarettes or any of its
packaging.
"Packaging" means a pack, box, carton, or container of any
kind or, if no other container, any wrapping, including
cellophane, in which a tobacco product, related tobacco
product, alternative nicotine product, or solution or
substance intended for use with electronic cigarettes is sold
or offered for sale to a consumer.
"Related tobacco product" means any product intended for or
traditionally used with tobacco, including, but not limited to,

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papers, wraps, tubes, or filters. A product of a type that has
in the past been used in conjunction with tobacco or nicotine
use will be deemed a "related 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.
"Retail location" means: (1) a building from which tobacco
products, related tobacco products, alternative nicotine
products, or solutions or substances intended for use with
electronic cigarettes are sold at retail; or (2) a vending
machine.
"Retailer" means a person who engages in this State in the
sale of tobacco products, related tobacco products,
alternative nicotine products, or solutions or substances
intended for use with electronic cigarettes directly to the
public from a retail location, including a person who operates
vending machines from which tobacco products, related tobacco
products, alternative nicotine products, or solutions or
substances intended for use with electronic cigarettes are sold
in this State. "Retailer" includes a "retailer" as defined in
Section 1 of the Cigarette Tax Act and Section 10-5 of the
Tobacco Products Tax Act of 1995.
"Secondary distributor" has the meanings provided in
Section 1 of the Cigarette Tax Act and in Section 1 of the
Cigarette Use Tax Act.
"Tobacco product" means any product containing or made from

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tobacco that is intended for human consumption, whether smoked,
heated, chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means, including, but not
limited to, cigarettes, cigars, little cigars, chewing
tobacco, pipe tobacco, snuff, snus, and any other smokeless
tobacco product that contains tobacco that is finely cut,
ground, powdered, or leaf and intended to be placed in the oral
cavity. "Tobacco product" includes any component, part, or
accessory of a tobacco product, whether or not sold separately.
"Tobacco product" does not include: an electronic cigarette and
alternative nicotine product as defined in this Section; or any
product that has been approved by the United States Food and
Drug Administration for sale as a tobacco cessation product, as
a tobacco dependence product, or for other medical purposes,
and is being marketed and sold solely for that approved
purpose.
Section 10. Prohibition.
(a) A distributor, secondary distributor, retailer, or any
of the retailer's agents or employees may not sell, offer for
sale, or possess with the intent to sell or offer for sale, a
flavored tobacco product, flavored related tobacco product,
flavored alternative nicotine product, or flavored solution or
substance intended for use with electronic cigarettes.
(a-1) A distributor may temporarily possess or store in
this State, flavored tobacco products, related tobacco

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products, flavored alternative nicotine products, or flavored
solutions or substances intended for use with electronic
cigarettes, acquired by the distributor outside this State
that, after being brought into this State and possessed or
stored here temporarily, are shipped by the distributor outside
this State.
(b) There is a rebuttable presumption that a tobacco
product, related tobacco product, alternative nicotine
product, or solution or substance intended for use with
electronic cigarettes is a flavored tobacco product, flavored
related tobacco product, flavored alternative nicotine
product, or flavored solution or substance intended for use
with electronic cigarettes if the tobacco product, related
tobacco product, alternative nicotine product, or solution or
substance intended for use with electronic cigarettes has or
produces a characterizing flavor or, if a manufacturer or any
of a manufacturer's agents or employees, in the course of their
agency or employment, has made a statement or claim directed to
consumers or to the public that the tobacco product,
alternative nicotine product, or solution or substance
intended for use with electronic cigarettes has or produces a
characterizing flavor, including, but not limited to, text,
color, or images on the product's labeling or packaging that
are used to explicitly or implicitly communicate or suggest
that the tobacco product, related tobacco product, alternative
nicotine product, or solution or substance intended for use

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with electronic cigarettes has a characterizing flavor. A
product with labeling or packaging that suggests the presence
of a characterizing flavor or uses a concept flavor is presumed
to be a flavored tobacco product, flavored related tobacco
product, flavored alternative nicotine product, or flavored
solution or substance intended for use with electronic
cigarettes.
Section 15. Administrative rules; enforcement. The
Department shall enforce this Act and may adopt rules or
guidelines for the implementation and enforcement of this Act.
Section 20. Violations. Upon a decision by the Department,
after notice and hearing, that a distributor, secondary
distributor, or retailer, or their agent or employee, has
engaged in any conduct that violates this Act, the Department
of Revenue may suspend that distributor's license under Section
6 of the Cigarette Tax Act, Section 6 of the Cigarette Use Tax
Act, and Section 10-25 of the Tobacco Products Tax Act of 1995;
that secondary distributor's license under Section 6 of the
Cigarette Tax Act and Section 6 of the Cigarette Use Tax Act;
or that retailer's license under Section 6 of the Cigarette Tax
Act and Section 10-25 of the Tobacco Products Tax Act of 1995.
Any suspension shall be preceded by a notice from the
Department of Revenue of the initial determination of violation
made by the Department. A license shall be suspended 3 days for

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a first violation, 7 days for a second violation, and 30 days
for a third and each subsequent violation.
Section 25. No conflict with federal or State law. Nothing
in this Act shall be interpreted or applied to create any
requirement, power, or duty that is preempted by federal or
State law.
Section 30. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 80. The Cigarette Tax Act is amended by changing
Section 6 as follows:
(35 ILCS 130/6) (from Ch. 120, par. 453.6)
Sec. 6. Revocation, cancellation, or suspension of
license. The Department may, after notice and hearing as
provided for by this Act, revoke, cancel or suspend the license
of any distributor, secondary distributor, or retailer for the
violation of any provision of this Act, or for noncompliance
with any provision herein contained, or for any noncompliance
with any lawful rule or regulation promulgated by the
Department under Section 8 of this Act, or because the licensee
is determined to be ineligible for a distributor's license for
any one or more of the reasons provided for in Section 4 of
this Act, or because the licensee is determined to be

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ineligible for a secondary distributor's license for any one or
more of the reasons provided for in Section 4c of this Act, or
because the licensee is determined to be ineligible for a
retailer's license for any one or more of the reasons provided
for in Section 4g of this Act. However, no such license shall
be revoked, cancelled or suspended, except after a hearing by
the Department with notice to the distributor, secondary
distributor, or retailer, as aforesaid, and affording such
distributor, secondary distributor, or retailer a reasonable
opportunity to appear and defend, and any distributor,
secondary distributor, or retailer aggrieved by any decision of
the Department with respect thereto may have the determination
of the Department judicially reviewed, as herein provided.
The Department may revoke, cancel, or suspend the license
of any distributor for a violation of the Tobacco Product
Manufacturers' Escrow Enforcement Act as provided in Section 30
of that Act. The Department may revoke, cancel, or suspend the
license of any secondary distributor for a violation of
subsection (e) of Section 15 of the Tobacco Product
Manufacturers' Escrow Enforcement Act.
The Department may suspend the license of any distributor
or retailer for a violation of the Flavored Tobacco Ban Act as
provided in Section 20 of that Act.
If the retailer has a training program that facilitates
compliance with minimum-age tobacco laws, the Department shall
suspend for 3 days the license of that retailer for a fourth or

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subsequent violation of the Prevention of Tobacco Use by
Persons under 21 Years of Age and Sale and Distribution of
Tobacco Products Act, as provided in subsection (a) of Section
2 of that Act. For the purposes of this Section, any violation
of subsection (a) of Section 2 of the Prevention of Tobacco Use
by Persons under 21 Years of Age and Sale and Distribution of
Tobacco Products Act occurring at the retailer's licensed
location during a 24-month period shall be counted as a
violation against the retailer.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 3 days the license of that
retailer for a second violation of the Prevention of Tobacco
Use by Persons under 21 Years of Age and Sale and Distribution
of Tobacco Products Act, as provided in subsection (a-5) of
Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 7 days the license of that
retailer for a third violation of the Prevention of Tobacco Use
by Persons under 21 Years of Age and Sale and Distribution of
Tobacco Products Act, as provided in subsection (a-5) of
Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 30 days the license of a retailer

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for a fourth or subsequent violation of the Prevention of
Tobacco Use by Persons under 21 Years of Age and Sale and
Distribution of Tobacco Products Act, as provided in subsection
(a-5) of Section 2 of that Act.
A training program that facilitates compliance with
minimum-age tobacco laws must include at least the following
elements: (i) it must explain that only individuals displaying
valid identification demonstrating that they are 21 years of
age or older shall be eligible to purchase cigarettes or
tobacco products and (ii) it must explain where a clerk can
check identification for a date of birth. The training may be
conducted electronically. Each retailer that has a training
program shall require each employee who completes the training
program to sign a form attesting that the employee has received
and completed tobacco training. The form shall be kept in the
employee's file and may be used to provide proof of training.
Any distributor, secondary distributor, or retailer
aggrieved by any decision of the Department under this Section
may, within 20 days after notice of the decision, protest and
request a hearing. Upon receiving a request for a hearing, the
Department shall give notice in writing to the distributor,
secondary distributor, or retailer requesting the hearing that
contains a statement of the charges preferred against the
distributor, secondary distributor, or retailer and that
states the time and place fixed for the hearing. The Department
shall hold the hearing in conformity with the provisions of

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this Act and then issue its final administrative decision in
the matter to the distributor, secondary distributor, or
retailer. In the absence of a protest and request for a hearing
within 20 days, the Department's decision shall become final
without any further determination being made or notice given.
No license so revoked, as aforesaid, shall be reissued to
any such distributor, secondary distributor, or retailer
within a period of 6 months after the date of the final
determination of such revocation. No such license shall be
reissued at all so long as the person who would receive the
license is ineligible to receive a distributor's license under
this Act for any one or more of the reasons provided for in
Section 4 of this Act, is ineligible to receive a secondary
distributor's license under this Act for any one or more of the
reasons provided for in Section 4c of this Act, or is
determined to be ineligible for a retailer's license under the
Act for any one or more of the reasons provided for in Section
4g of this Act.
The Department upon complaint filed in the circuit court
may by injunction restrain any person who fails, or refuses, to
comply with any of the provisions of this Act from acting as a
distributor, secondary distributor, or retailer of cigarettes
in this State.
(Source: P.A. 101-2, eff. 7-1-19.)
Section 85. The Cigarette Use Tax Act is amended by

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changing Section 6 as follows:
(35 ILCS 135/6) (from Ch. 120, par. 453.36)
Sec. 6. Revocation, cancellation, or suspension of
license. The Department may, after notice and hearing as
provided for by this Act, revoke, cancel or suspend the license
of any distributor or secondary distributor for the violation
of any provision of this Act, or for non-compliance with any
provision herein contained, or for any non-compliance with any
lawful rule or regulation promulgated by the Department under
Section 21 of this Act, or because the licensee is determined
to be ineligible for a distributor's license for any one or
more of the reasons provided for in Section 4 of this Act, or
because the licensee is determined to be ineligible for a
secondary distributor's license for any one or more of the
reasons provided for in Section 4b or Section 7a of this Act.
However, no such license shall be revoked, canceled or
suspended, except after a hearing by the Department with notice
to the distributor or secondary distributor, as aforesaid, and
affording such distributor or secondary distributor a
reasonable opportunity to appear and defend, and any
distributor or secondary distributor aggrieved by any decision
of the Department with respect thereto may have the
determination of the Department judicially reviewed, as herein
provided.
The Department may revoke, cancel, or suspend the license

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of any distributor for a violation of the Tobacco Product
Manufacturers' Escrow Enforcement Act as provided in Section 30
of that Act. The Department may revoke, cancel, or suspend the
license of any secondary distributor for a violation of
subsection (e) of Section 15 of the Tobacco Product
Manufacturers' Escrow Enforcement Act.
The Department may suspend the license of any distributor
for a violation of the Flavored Tobacco Ban Act as provided in
Section 20 of that Act.
Any distributor or secondary distributor aggrieved by any
decision of the Department under this Section may, within 20
days after notice of the decision, protest and request a
hearing. Upon receiving a request for a hearing, the Department
shall give notice in writing to the distributor or secondary
distributor requesting the hearing that contains a statement of
the charges preferred against the distributor or secondary
distributor and that states the time and place fixed for the
hearing. The Department shall hold the hearing in conformity
with the provisions of this Act and then issue its final
administrative decision in the matter to the distributor or
secondary distributor. In the absence of a protest and request
for a hearing within 20 days, the Department's decision shall
become final without any further determination being made or
notice given.
No license so revoked, shall be reissued to any such
distributor or secondary distributor within a period of 6

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months after the date of the final determination of such
revocation. No such license shall be reissued at all so long as
the person who would receive the license is ineligible to
receive a distributor's license under this Act for any one or
more of the reasons provided for in Section 4 of this Act or is
ineligible to receive a secondary distributor's license under
this Act for any one or more of the reasons provided for in
Section 4b and Section 7a of this Act.
The Department upon complaint filed in the circuit court
may by injunction restrain any person who fails, or refuses, to
comply with this Act from acting as a distributor or secondary
distributor of cigarettes in this State.
(Source: P.A. 96-1027, eff. 7-12-10.)
Section 90. The Tobacco Products Tax Act of 1995 is amended
by changing Section 10-25 as follows:
(35 ILCS 143/10-25)
Sec. 10-25. License actions.
(a) The Department may, after notice and a hearing, revoke,
cancel, or suspend the license of any distributor or retailer
who violates any of the provisions of this Act, fails to keep
books and records as required under this Act, fails to make
books and records available for inspection upon demand by a
duly authorized employee of the Department, or violates a rule
or regulation of the Department for the administration and

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enforcement of this Act. The notice shall specify the alleged
violation or violations upon which the revocation,
cancellation, or suspension proceeding is based.
(b) The Department may revoke, cancel, or suspend the
license of any distributor for a violation of the Tobacco
Product Manufacturers' Escrow Enforcement Act as provided in
Section 20 of that Act.
(b-5) The Department may suspend the license of any
distributor or retailer for a violation of the Flavored Tobacco
Ban Act as provided in Section 20 of that Act.
(c) If the retailer has a training program that facilitates
compliance with minimum-age tobacco laws, the Department shall
suspend for 3 days the license of that retailer for a fourth or
subsequent violation of the Prevention of Tobacco Use by
Persons under 21 Years of Age and Sale and Distribution of
Tobacco Products Act, as provided in subsection (a) of Section
2 of that Act. For the purposes of this Section, any violation
of subsection (a) of Section 2 of the Prevention of Tobacco Use
by Persons under 21 Years of Age and Sale and Distribution of
Tobacco Products Act occurring at the retailer's licensed
location, during a 24-month period, shall be counted as a
violation against the retailer.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 3 days the license of that
retailer for a second violation of the Prevention of Tobacco

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Use by Persons under 21 Years of Age and Sale and Distribution
of Tobacco Products Act, as provided in subsection (a-5) of
Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 7 days the license of that
retailer for a third violation of the Prevention of Tobacco Use
by Persons under 21 Years of Age and Sale and Distribution of
Tobacco Products Act, as provided in subsection (a-5) of
Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 30 days the license of a retailer
for a fourth or subsequent violation of the Prevention of
Tobacco Use by Persons under 21 Years of Age and Sale and
Distribution of Tobacco Products Act, as provided in subsection
(a-5) of Section 2 of that Act.
A training program that facilitates compliance with
minimum-age tobacco laws must include at least the following
elements: (i) it must explain that only individuals displaying
valid identification demonstrating that they are 21 years of
age or older shall be eligible to purchase cigarettes or
tobacco products and (ii) it must explain where a clerk can
check identification for a date of birth. The training may be
conducted electronically. Each retailer that has a training
program shall require each employee who completes the training

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program to sign a form attesting that the employee has received
and completed tobacco training. The form shall be kept in the
employee's file and may be used to provide proof of training.
(d) The Department may, by application to any circuit
court, obtain an injunction restraining any person who engages
in business as a distributor of tobacco products without a
license (either because his or her license has been revoked,
canceled, or suspended or because of a failure to obtain a
license in the first instance) from engaging in that business
until that person, as if that person were a new applicant for a
license, complies with all of the conditions, restrictions, and
requirements of Section 10-20 of this Act and qualifies for and
obtains a license. Refusal or neglect to obey the order of the
court may result in punishment for contempt.
(Source: P.A. 100-940, eff. 8-17-18; 101-2, eff. 7-1-19.)
Section 99. Effective date. This Act takes effect June 1,
2020.".