96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2418


 
Introduced 2/19/2009, by Rep. Naomi D. Jakobsson
 
SYNOPSIS AS INTRODUCED:














New Act










 Creates the Potassium Bromate Exposure Act. Provides that no person in the course of doing business shall knowingly and intentionally expose any individual to potassium bromate or bromated flour without first giving clear and reasonable warning to such individual. Sets forth exemptions from this warning requirement and enforcement provisions. Provides that the Department of Public Health is responsible for the administration of the Act and may adopt any rules necessary for the Act's implementation.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2418

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1
 AN ACT concerning public health.


2
 Be it enacted by the People of the State of Illinois,

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represented in the General Assembly:



4
 Section 1. Short title. This Act may be cited as the 
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Potassium Bromate Exposure Act.

6
 Section 5. Definitions.  For purposes of this Act:
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 "Person" means an individual, trust, firm, joint stock

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company, corporation, company, partnership, limited liability

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company, or association.

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 "Person in the course of doing business" does not include 
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any
person employing fewer than 10 employees in his or her 
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business, any
unit of local government or district or any 
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department or agency thereof, the State or any department or 
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agency thereof, or the federal government
or any department or 
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agency thereof.
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 "Threaten to violate" means to create a condition in which

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there is a substantial probability that a violation will occur.
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 "Warning" within the meaning of Section 10 of this Act need 
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not be
provided separately to each exposed individual and may 
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be provided by
general methods such as labels on consumer 
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products, inclusion of
notices in mailings to customers, 
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posting of notices, placing
notices in public news media, and 
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the like, provided that the warning
accomplished is clear and 
 


 






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1
reasonable. In order to minimize the
burden on retail sellers 
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of consumer products including foods,
rules implementing 
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Section 10 of this Act shall to the extent
practicable place 
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the obligation to provide any warning materials
such as labels 
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on the producer or packager rather than on the retail
seller, 
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except where the retail seller itself is responsible for

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introducing the potassium bromate or bromated flour into the 
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consumer product in question.

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 Section 10. Required warning before exposure.  No person in 
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the course of doing business shall knowingly and intentionally 
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expose any
individual to potassium bromate or bromated flour 
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without first giving clear and reasonable warning to such 
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individual, except as provided in Section 15 of this Act.


14
 Section 15. Exemptions from warning requirement.  Section 
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10 of this Act shall not apply to any of the following:
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  (1) An exposure for which federal law governs warning 
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 in a manner that preempts State authority.
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  (2) An exposure for which the person responsible can 
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 show that the exposure poses no significant risk assuming 
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 lifetime exposure at the level in question and that the 
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 exposure will have no observable effect assuming exposure 
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 at 1,000 times the level in question, based on evidence and 
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 standards of scientific validity. In any action brought to 
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 enforce Section 10 of this Act, the
burden of showing that 
 


 






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1
 an exposure meets the criteria of this
subdivision (2) 
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 shall be on the defendant.


3
 Section 20. Enforcement. 
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 (a) Any person that violates or threatens to violate

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Section 10 of this Act may be enjoined in any court of 
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competent
jurisdiction.
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 (b) Any person who has violated Section 10 of this Act 
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shall be liable for a civil penalty not to exceed $2,500 per 
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day for each violation, in addition to any other penalty 
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established by law. This civil penalty may be assessed and 
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recovered in a civil action brought in any court of
competent 
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jurisdiction.

13
 In assessing the amount of a civil penalty for a violation 
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of
this Act, the court shall consider all of the following:

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  (1) The nature and extent of the violation.
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  (2) The number of and severity of the violations.
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  (3) The economic effect of the penalty on the violator.
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  (4) Whether the violator took good faith measures to 
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 comply with this Act and the time these measures were 
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 taken.
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  (5) The willfulness of the violator's misconduct.
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  (6) The deterrent effect that the imposition of the 
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 penalty would have on both the violator and the regulated 
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 community as a whole.
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  (7) Any other factor that justice may require.
 


 






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 (c) Actions pursuant to this Section may be brought by the

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Attorney General in the name of the people of the State of

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Illinois or by any State's Attorney.


4
 Section 25. Administration of Act.  The Department of 
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Public Health is responsible for the administration of this 
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Act. The Department may adopt any rules necessary to implement 
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this Act.