Public Act 097-1101
 
SB2950 EnrolledLRB097 15454 JDS 60554 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 1. Short title. This Act may be cited as the 
Toxin-Free Toddler Act.
 
    Section 5. Definitions. 
    "Child" means any person
who is less than 3 years of age.
    "Children's food or beverage container" means an empty 
bottle or cup to be filled with food or liquid that is designed 
or intended by a manufacturer to be used by a child.
    "Manufacturer" means any person who makes and places a 
children's food or beverage container into the stream of 
commerce.
    "Retailer" means any person other than a manufacturer, 
distributor, or wholesaler who sells at retail children's food 
or beverage containers. "Sell at retail" has the same meaning 
as provided under Section 1 of the Retailers' Occupation Tax 
Act.
    "Wholesaler" means any person, other than a manufacturer or 
retailer, who sells or resells or otherwise places a children's 
food or beverage container into the stream of commerce.
 
    Section 10. Prohibit Bisphenol A in children's food or 
beverage containers. 
    (a) Beginning January 1, 2013, a manufacturer or wholesaler 
may not sell or offer for sale in this State a children's food 
or beverage container that contains bisphenol A.
    (b) Beginning January 1, 2014, a retailer may not knowingly 
sell or offer for sale in this State a children's food or 
beverage container that contains bisphenol A. 
    (c) This Section does not apply to the sale of a used 
children's food or beverage container. 
 
    Section 15. Enforcement. 
    (a) The Attorney General may bring an action in the name of 
the
People of the State of Illinois to enforce the provisions 
of this Act in the circuit court of any county in which a 
violation occurs.
    (b) When (i) it appears to the Attorney General that a 
manufacturer, wholesaler, or retailer has engaged in or is 
engaging in any practice declared to be in violation of this 
Act, or (ii) the Attorney General receives a written complaint 
from a consumer of the commission of a practice declared to be 
in violation of this Act, or (iii) the Attorney General 
believes it to be in the public interest that an investigation 
should be made to ascertain whether a person in fact has 
engaged in or is engaging in any practice declared to be in 
violation of this Act, the Attorney General may:
        (1) Require that person to file, on terms that the 
    Attorney General prescribes, a statement or report in 
    writing under oath or otherwise, as to all information the 
    Attorney General considers necessary.
        (2)
Examine under oath any person in connection with 
    the conduct of any trade or commerce.
        (3) Examine any merchandise or sample thereof, record, 
    book, document, account, or paper the Attorney General 
    considers necessary.
        (4) Pursuant to an order of the circuit court, impound 
    any record, book, document, account, paper, or sample of a 
    children's food or beverage container, and retain it in the 
    Attorney General's possession until the completion of all 
    proceedings in connection with which it is produced.
    (c) In the administration of this Act, the Attorney General 
may accept an assurance of voluntary compliance with respect to 
any practice deemed to be a violation of this Act from any 
manufacturer, wholesaler, or retailer who has engaged in or is 
engaging in that practice. Evidence of the violation of an 
assurance of voluntary compliance shall be prima facie evidence 
of a violation of this Act in any subsequent proceeding brought 
by the Attorney General against the alleged violator with 
regard to the specific violation or violations addressed in the 
assurance of voluntary compliance.
    (d) Whenever the Attorney General has reason to believe 
that any manufacturer, wholesaler, or retailer has engaged in 
or is engaging in any practice in violation of this Act and 
that proceedings would be in the public interest, he or she may 
bring an action in the name of the People of the State against 
that manufacturer, wholesaler, or retailer to restrain by 
preliminary or permanent injunction the use of that practice.
    (e) Civil penalties paid under Section 20 shall be 
deposited into the Attorney General Court Ordered and Voluntary 
Compliance Payment Projects Fund. Moneys in the Fund shall be 
used, subject to appropriation, for the performance of any 
function pertaining to the exercise of the duties of the 
Attorney General, including, but not limited to, enforcement of 
any law of this State and conducting public education programs. 
Any moneys in the Fund that are required by the court or by an 
agreement to be used for a particular purpose must be used for 
that purpose, however.
 
    Section 20. Penalties. A manufacturer, retailer, or 
wholesaler who violates this Act is subject to a civil penalty 
in an amount not to exceed $200 for each day that the violation 
continues.
  
 
    Section 98. Repeal. This Act shall be repealed if the 
United States Food and Drug Administration promulgates a final 
rule amending its food additive regulations in order to 
prohibit the use of polycarbonate resins in infant feeding 
bottles and spill-proof cups.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.