Bill Text: IL HB5069 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Preventing Youth Vaping Act. Provides that any distributor, secondary distributor, or retailer who sells, offers for sale, or distributes electronic cigarettes shall (i) obtain certification by the manufacturer stating that the electronic cigarettes are not adulterated; (ii) not sell, offer for sale, or distribute any electronic cigarettes for which it has not obtained a certification; (iii) maintain, for at least 2 years, a copy of any certification provided to it by a manufacturer; and (iv) produce a copy of any certification provided by a manufacturer upon request by the Department of Revenue, the Attorney General, or any entity with enforcement authority under the Act. Provides that no manufacturer of electronic cigarettes shall provide any false or misleading statement in any certification.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB5069 Detail]

Download: Illinois-2023-HB5069-Engrossed.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Preventing Youth Vaping Act is amended by
changing Sections 15 and 35 and by adding Section 15a as
follows:
(410 ILCS 86/15)
Sec. 15. Prohibitions.
(a) It is unlawful for a person to do any of the following:
(1) To sell or distribute in this State; to acquire,
hold, own, possess, or transport, for sale or distribution
in this State; or to import, or cause to be imported into
this State for sale or distribution in this State:
(A) any electronic cigarette with packaging that:
(i) bears any statement, label, stamp,
sticker, or notice indicating that the
manufacturer did not intend the electronic
cigarette to be sold, distributed, or used in the
United States, including, but not limited to,
labels stating "For Export Only", "U.S. Tax
Exempt", "For Use Outside U.S.", or similar
wording; or
(ii) does not comply with:

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(I) all requirements imposed by or
pursuant to federal law regarding warnings and
other information on packages of electronic
cigarettes manufactured, packaged, or imported
for sale, distribution, or use in the United
States; and
(II) all federal trademark and copyright
laws; and
(B) any electronic cigarette that the person
otherwise knows or has reason to know the manufacturer
did not intend to be sold, distributed, or used in the
United States.
(2) To alter the packaging of an electronic cigarette,
prior to sale or distribution to the ultimate consumer, so
as to remove, conceal, or obscure any statement, label,
stamp, sticker, or notice required under this Section or
federal law.
(3) To affix any stamp required under this Act to the
packaging of any electronic cigarettes described in
subparagraph (A) of paragraph (1) or altered in violation
of subparagraph (A) of paragraph (1).
(4) To adulterate an electronic cigarette for sale in
this State. An electronic cigarette is adulterated if:
(A) it consists in whole or in part of any filthy,
putrid, or decomposed substance, or is otherwise
contaminated by any added poisonous or deleterious

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substance that may render the product injurious to
health;
(B) it is held or packaged in containers composed,
in whole or in part, of any poisonous or deleterious
substance that may render the contents injurious to
health; or
(C) it is required by 21 U.S.C. 387j(a) to have
premarket review and does not have an order in effect
under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of
an order under 21 U.S.C. 387j(c)(1)(A).
Electronic cigarettes first sold prior to August 8, 2016
and for which a pending premarket tobacco product application
was submitted to the U.S. Food and Drug Administration by
September 9, 2020 shall not be deemed to be adulterated under
subparagraph (C) of paragraph (4) of this subsection.
(b) A distributor, secondary distributor, retailer, or
person who violates this Section shall be guilty of a Class 4
felony.
(c) Any violation of this Act shall be reported to the
Department of Revenue within 7 business days.
(Source: P.A. 102-575, eff. 1-1-22.)
(410 ILCS 86/15a new)
Sec. 15a. Certifications.
(a) Any distributor, secondary distributor, or retailer
who sells, offers for sale, or distributes electronic

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cigarettes in this State shall:
(1) obtain, upon purchase of any electronic cigarettes
for sale or distribution in this State, a certification by
the manufacturer of the electronic cigarettes stating that
the electronic cigarettes are not adulterated as that term
is used in paragraph (4) of Section 15, and, for purposes
of determining compliance with subparagraph (C) of
paragraph (4), the certification shall include the date on
which the electronic cigarette's pending premarket tobacco
product application was submitted to the United States
Food and Drug Administration or the date on which the
electronic cigarette received a marketing granted order
from the United States Food and Drug Administration;
(2) not sell, offer for sale, or distribute any
electronic cigarettes in this State for which it has not
obtained the certification described in paragraph (1);
(3) maintain, whether in paper or electronic form, for
at least 2 years, a copy of any certification provided to
it by a manufacturer under paragraph (1); and
(4) produce a copy of any certification provided to it
by a manufacturer under paragraph (1) upon request by the
Department of Revenue, the Attorney General, or any entity
with enforcement authority under subsection (b) of Section
10 of this Act.
(b) No manufacturer of electronic cigarettes shall
provide any false or misleading statement in any certification

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provided to a distributor, secondary distributor, or retailer
under paragraph (1). A distributor, secondary distributor, or
retailer shall not be held liable for a false or misleading
statement provided by a manufacturer in a certification.
(410 ILCS 86/35)
Sec. 35. Violations.
(a) Upon a finding that a distributor, secondary
distributor, retailer, or person has committed any of the
conduct prohibited under this Act or any rule adopted under
this Act, knowing or having reason to know that he or she has
done so, the Department of Revenue may: revoke or suspend the
license or licenses of the distributor, secondary distributor,
retailer, or person pursuant to the procedures set forth in
the Cigarette Tax Act, Cigarette Use Tax Act, or the Tobacco
Products Tax Act of 1995; and impose on the distributor,
secondary distributor, retailer, or person a civil penalty in
an amount not to exceed the greater of 500% of the retail value
of the electronic cigarettes involved or $10,000.
(b) Electronic cigarettes that are acquired in, held in,
owned in, possessed in, transported within, imported into, or
sold or distributed across this State in violation of this Act
shall be deemed contraband under this Act and are subject to
seizure and forfeiture as provided in subsection (g) of
Section 1 of the Prevention of Tobacco Use by Persons under 21
Years of Age and Sale and Distribution of Tobacco Products

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