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| 1 | AN ACT concerning health. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 1. Short title. This Act may be cited as the Diaper | ||||||
| 5 | Labeling Act. | ||||||
| 6 | Section 5. Purpose. The purpose of this Act is to protect | ||||||
| 7 | adults, parents, and small children who may be allergic to | ||||||
| 8 | ingredients that may be present in diapers. | ||||||
| 9 | Section 10. Definitions. In this Act: | ||||||
| 10 | "Diaper" means a type of garment or product inserted into | ||||||
| 11 | a garment for the purpose of absorbing feces and urine to | ||||||
| 12 | prevent soiling of outer clothing or the external environment | ||||||
| 13 | without the use of a toilet. "Diaper" includes either | ||||||
| 14 | disposable or reusable products. | ||||||
| 15 | "Ingredient" means an intentionally added substance | ||||||
| 16 | present in a diaper. | ||||||
| 17 | Section 15. Diaper ingredient list. No later than 18 | ||||||
| 18 | months after the effective date of this Act, each package or | ||||||
| 19 | box containing diapers sold in this State shall contain a | ||||||
| 20 | plain and conspicuous printed list of all ingredients in order | ||||||
| 21 | of predominance, except that ingredients present at one | ||||||
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| 1 | percent or less may be listed in any order. The list shall | ||||||
| 2 | either be printed on the package or box or affixed to the | ||||||
| 3 | package or box. When an ingredient qualifies as confidential | ||||||
| 4 | or a trade secret under applicable law, the manufacturer may | ||||||
| 5 | list the common or functional name in place of the specific | ||||||
| 6 | chemical identity. A product manufactured prior to the | ||||||
| 7 | effective date of this Act that does not comply with the | ||||||
| 8 | requirements of this Act may be sold, distributed, or | ||||||
| 9 | otherwise made available for sale in this State until existing | ||||||
| 10 | inventory is depleted. | ||||||
| 11 | Section 20. Other labeling requirements. The requirements | ||||||
| 12 | of this Act shall apply in addition to any other labeling | ||||||
| 13 | requirements established under any other law. | ||||||
| 14 | Section 25. Enforcement; penalties. A person who sells or | ||||||
| 15 | distributes diapers in this State in violation of Section 15 | ||||||
| 16 | of this Act is subject to a civil penalty of 1% of the person's | ||||||
| 17 | total annual in-State sales of diapers not to exceed $1,000 | ||||||
| 18 | per package or box. The State's Attorney of the county where | ||||||
| 19 | the violation occurred or the Attorney General may enforce | ||||||
| 20 | this Act by bringing a civil action to collect civil penalties | ||||||
| 21 | and by seeking an injunction to prevent any activity in | ||||||
| 22 | violation of this Act. | ||||||