Bill Text: IL SB2950 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Toxin-Free Toddler Act. Provides that, beginning January 1, 2013, no manufacturer or wholesaler may sell or offer for sale in this State a children's food or beverage container that contains bisphenol A (BPA). Provides that, beginning January 1, 2014, no retailer may sell or offer for sale in this State a children's food or beverage container that contains bisphenol A (BPA). Provides for enforcement by the Attorney General. Authorizes the imposition of a $200 civil penalty for violations of the Act. Defines "child", "children's food or beverage container", "manufacturer", "retailer", and "wholesaler". Effective immediately.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2012-08-27 - Public Act . . . . . . . . . 97-1101 [SB2950 Detail]
Download: Illinois-2011-SB2950-Enrolled.html
Bill Title: Creates the Toxin-Free Toddler Act. Provides that, beginning January 1, 2013, no manufacturer or wholesaler may sell or offer for sale in this State a children's food or beverage container that contains bisphenol A (BPA). Provides that, beginning January 1, 2014, no retailer may sell or offer for sale in this State a children's food or beverage container that contains bisphenol A (BPA). Provides for enforcement by the Attorney General. Authorizes the imposition of a $200 civil penalty for violations of the Act. Defines "child", "children's food or beverage container", "manufacturer", "retailer", and "wholesaler". Effective immediately.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2012-08-27 - Public Act . . . . . . . . . 97-1101 [SB2950 Detail]
Download: Illinois-2011-SB2950-Enrolled.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Toxin-Free Toddler Act.
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6 | Section 5. Definitions. | ||||||
7 | "Child" means any person
who is less than 3 years of age. | ||||||
8 | "Children's food or beverage container" means an empty | ||||||
9 | bottle or cup to be filled with food or liquid that is designed | ||||||
10 | or intended by a manufacturer to be used by a child. | ||||||
11 | "Manufacturer" means any person who makes and places a | ||||||
12 | children's food or beverage container into the stream of | ||||||
13 | commerce. | ||||||
14 | "Retailer" means any person other than a manufacturer, | ||||||
15 | distributor, or wholesaler who sells at retail children's food | ||||||
16 | or beverage containers. "Sell at retail" has the same meaning | ||||||
17 | as provided under Section 1 of the Retailers' Occupation Tax | ||||||
18 | Act. | ||||||
19 | "Wholesaler" means any person, other than a manufacturer or | ||||||
20 | retailer, who sells or resells or otherwise places a children's | ||||||
21 | food or beverage container into the stream of commerce.
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22 | Section 10. Prohibit Bisphenol A in children's food or |
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1 | beverage containers. | ||||||
2 | (a) Beginning January 1, 2013, a manufacturer or wholesaler | ||||||
3 | may not sell or offer for sale in this State a children's food | ||||||
4 | or beverage container that contains bisphenol A. | ||||||
5 | (b) Beginning January 1, 2014, a retailer may not knowingly | ||||||
6 | sell or offer for sale in this State a children's food or | ||||||
7 | beverage container that contains bisphenol A. | ||||||
8 | (c) This Section does not apply to the sale of a used | ||||||
9 | children's food or beverage container.
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10 | Section 15. Enforcement. | ||||||
11 | (a) The Attorney General may bring an action in the name of | ||||||
12 | the
People of the State of Illinois to enforce the provisions | ||||||
13 | of this Act in the circuit court of any county in which a | ||||||
14 | violation occurs. | ||||||
15 | (b) When (i) it appears to the Attorney General that a | ||||||
16 | manufacturer, wholesaler, or retailer has engaged in or is | ||||||
17 | engaging in any practice declared to be in violation of this | ||||||
18 | Act, or (ii) the Attorney General receives a written complaint | ||||||
19 | from a consumer of the commission of a practice declared to be | ||||||
20 | in violation of this Act, or (iii) the Attorney General | ||||||
21 | believes it to be in the public interest that an investigation | ||||||
22 | should be made to ascertain whether a person in fact has | ||||||
23 | engaged in or is engaging in any practice declared to be in | ||||||
24 | violation of this Act, the Attorney General may: | ||||||
25 | (1) Require that person to file, on terms that the |
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1 | Attorney General prescribes, a statement or report in | ||||||
2 | writing under oath or otherwise, as to all information the | ||||||
3 | Attorney General considers necessary. | ||||||
4 | (2)
Examine under oath any person in connection with | ||||||
5 | the conduct of any trade or commerce. | ||||||
6 | (3) Examine any merchandise or sample thereof, record, | ||||||
7 | book, document, account, or paper the Attorney General | ||||||
8 | considers necessary. | ||||||
9 | (4) Pursuant to an order of the circuit court, impound | ||||||
10 | any record, book, document, account, paper, or sample of a | ||||||
11 | children's food or beverage container, and retain it in the | ||||||
12 | Attorney General's possession until the completion of all | ||||||
13 | proceedings in connection with which it is produced. | ||||||
14 | (c) In the administration of this Act, the Attorney General | ||||||
15 | may accept an assurance of voluntary compliance with respect to | ||||||
16 | any practice deemed to be a violation of this Act from any | ||||||
17 | manufacturer, wholesaler, or retailer who has engaged in or is | ||||||
18 | engaging in that practice. Evidence of the violation of an | ||||||
19 | assurance of voluntary compliance shall be prima facie evidence | ||||||
20 | of a violation of this Act in any subsequent proceeding brought | ||||||
21 | by the Attorney General against the alleged violator with | ||||||
22 | regard to the specific violation or violations addressed in the | ||||||
23 | assurance of voluntary compliance. | ||||||
24 | (d) Whenever the Attorney General has reason to believe | ||||||
25 | that any manufacturer, wholesaler, or retailer has engaged in | ||||||
26 | or is engaging in any practice in violation of this Act and |
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1 | that proceedings would be in the public interest, he or she may | ||||||
2 | bring an action in the name of the People of the State against | ||||||
3 | that manufacturer, wholesaler, or retailer to restrain by | ||||||
4 | preliminary or permanent injunction the use of that practice. | ||||||
5 | (e) Civil penalties paid under Section 20 shall be | ||||||
6 | deposited into the Attorney General Court Ordered and Voluntary | ||||||
7 | Compliance Payment Projects Fund. Moneys in the Fund shall be | ||||||
8 | used, subject to appropriation, for the performance of any | ||||||
9 | function pertaining to the exercise of the duties of the | ||||||
10 | Attorney General, including, but not limited to, enforcement of | ||||||
11 | any law of this State and conducting public education programs. | ||||||
12 | Any moneys in the Fund that are required by the court or by an | ||||||
13 | agreement to be used for a particular purpose must be used for | ||||||
14 | that purpose, however.
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15 | Section 20. Penalties. A manufacturer, retailer, or | ||||||
16 | wholesaler who violates this Act is subject to a civil penalty | ||||||
17 | in an amount not to exceed $200 for each day that the violation | ||||||
18 | continues.
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19 | Section 98. Repeal. This Act shall be repealed if the | ||||||
20 | United States Food and Drug Administration promulgates a final | ||||||
21 | rule amending its food additive regulations in order to | ||||||
22 | prohibit the use of polycarbonate resins in infant feeding | ||||||
23 | bottles and spill-proof cups.
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24 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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