101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2460
 
Introduced 1/15/2020___________, by 
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Candy Packaged to Resemble Cigarettes Prohibition Act. Prohibits a person from selling at retail or distributing for retail sale in this State candy packaged to resemble cigarettes. Provides that the prohibition does not apply to the transportation of such candy through this State or the storage of such candy in a warehouse or distribution center in this State that is closed to the public for purpose of retail sales. Provides that a violation of the prohibition is a petty offense for which a fine not to exceed $500 for each offense may be imposed. Provides that a person who is employed as a clerk by a retail establishment shall not be in violation of the prohibition unless he or she sells candy packaged to resemble cigarettes with the intent to violate the Act. Provides that the Act may be enforced by the office of the Department of Public Health, by a State, county, or municipal law enforcement officer, or by a municipal code enforcement officer. Effective immediately.
  


LRB101 16492 CPF 65873 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
SB2460LRB101 16492 CPF 65873 b


  
1    AN ACT concerning sales.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the Candy 
5Packaged to Resemble Cigarettes Prohibition Act.
 
6    Section 5. Definitions. In this Act:
7    "Candy" means a preparation of sugar, honey, or other 
8natural or artificial sweetener in combination with chocolate, 
9fruits, nuts, or other ingredients or flavorings in the form of 
10bars, drops, or pieces.
11    "Department" means the Department of Public Health.

12    "Retail establishment" means any person, corporation, 
13partnership, business venture, public sports or entertainment 
14facility, government agency, or organization that sells or 
15provides merchandise, goods, or materials, including, but not 
16limited to, clothing, food, beverages, household goods, or 
17personal items of any kind, directly to a customer. "Retail 
18establishment" includes, but is not limited to, department 
19stores, clothing stores, jewelry stores, grocery stores, 
20pharmacies, home improvement stores, liquor stores, 
21convenience stores, gas stations, restaurants, mobile food 
22delivery, and farmers markets.
 
 
 
SB2460- 2 -LRB101 16492 CPF 65873 b

1    Section 10. Prohibition. A person may not sell at retail or 
2distribute for retail sale in this State candy packaged to 
3resemble cigarettes. The prohibition specified in this Section 
4does not apply to the transportation of candy packaged to 
5resemble cigarettes through this State or the storage of candy 
6packaged to resemble cigarettes in a warehouse or distribution 
7center in this State that is closed to the public for purpose 
8of retail sales.


 
9    Section 15. Violations. A violation of Section 10 is a 
10petty offense for which a fine not to exceed $500 for each 
11offense may be imposed. Each day that a person violates Section 
1210 is a separate offense. A person who is employed as a clerk 
13by a retail establishment shall not be in violation of this Act 
14unless he or she sells candy packaged to resemble cigarettes 
15with the intent to violate this Act.
 
16    Section 20. Enforcement. This Act may be enforced by the 
17Department, by a State, county, or municipal law enforcement 
18officer, or by a municipal code enforcement officer.
 
 
19    Section 99. Effective date. This Act takes effect upon 
20becoming law.