Rep. Elaine Nekritz
Filed: 3/18/2010
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1 | AMENDMENT TO HOUSE BILL 6088
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2 | AMENDMENT NO. ______. Amend House Bill 6088, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | BPA-Free Kids Act. | ||||||
7 | Section 5. Legislative findings. The General Assembly | ||||||
8 | finds that: | ||||||
9 | (a) The incidence of some diseases and disorders that have | ||||||
10 | been linked to chemical exposures is on the rise. | ||||||
11 | (b) The metabolism, physiology, and exposure patterns of | ||||||
12 | developing fetuses, infants, and children to toxic chemicals | ||||||
13 | differ from those of adults, which makes children more | ||||||
14 | vulnerable than adults to the harmful effects of exposure to | ||||||
15 | some synthetic chemicals. | ||||||
16 | (c) Unlike pharmaceuticals and pesticides, manufacturers |
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1 | of most chemical substances are not required under current law | ||||||
2 | to supply human or environmental toxicity information before | ||||||
3 | selling their products to the public. Consequently, the vast | ||||||
4 | majority of chemicals used in consumer products have never had | ||||||
5 | any federal or state government review to evaluate potential | ||||||
6 | toxicity to the environment, infants, children, developing | ||||||
7 | fetuses, or adults. | ||||||
8 | (d) To protect children's health, it is important to reduce | ||||||
9 | or eliminate exposures to certain chemicals that are present in | ||||||
10 | children's products or that may be reasonably anticipated to | ||||||
11 | result in children's exposure or be placed in the mouths of | ||||||
12 | children. | ||||||
13 | Section 10. Definitions. | ||||||
14 | "Agency" means the Illinois Environmental Protection | ||||||
15 | Agency. | ||||||
16 | "Baby food" means a prepared solid food consisting of a | ||||||
17 | soft paste or an easily chewed food that is intended for | ||||||
18 | consumption by children 2 years of age or younger and is | ||||||
19 | commercially available. | ||||||
20 | "Department" means the Illinois Department of Public | ||||||
21 | Health. | ||||||
22 | "Infant formula" means a milk-based or soy-based powder, | ||||||
23 | concentrated liquid, or ready-to-feed substitute for human | ||||||
24 | breast milk, which is intended for infant consumption and is | ||||||
25 | commercially available. |
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1 | "Manufacturer" means a person who manufactured a final | ||||||
2 | product or whose brand name is affixed to a product. In the | ||||||
3 | case of a product that was imported into the United States, | ||||||
4 | "manufacturer" includes the importer or domestic distributor | ||||||
5 | of the product if the person who manufactured or assembled the | ||||||
6 | product or whose brand name is affixed to it does not have a | ||||||
7 | presence in the United States. | ||||||
8 | "Person" means any individual, partnership, | ||||||
9 | co-partnership, firm, company, limited liability company, | ||||||
10 | corporation, association, joint stock company, trust, estate, | ||||||
11 | political subdivision, state agency, or any other legal entity, | ||||||
12 | or his, her, or its legal representative, agent, or assigns. | ||||||
13 | Section 15. Bisphenol-A ban; labels. | ||||||
14 | (a) Beginning June 1, 2011, no person shall sell, offer to | ||||||
15 | sell, distribute, or offer to distribute any reusable | ||||||
16 | children's food or beverage container, including any baby | ||||||
17 | bottle or sippy cup, that contains bisphenol-A if that | ||||||
18 | container (i) is designed, intended, or marketed to be filled | ||||||
19 | with any food or beverage primarily for consumption by children | ||||||
20 | 3 years of age or younger and (ii) is sold or distributed at | ||||||
21 | retail without containing any liquid, food, or beverage. | ||||||
22 | (b) Beginning June 1, 2015, no person shall sell, offer to | ||||||
23 | sell, distribute, or offer to distribute any infant formula or | ||||||
24 | baby food that is stored in a can, jar, or plastic container | ||||||
25 | that contains bisphenol-A. |
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1 | Section 20. Interstate clearinghouse. The Agency and the | ||||||
2 | Department are authorized to participate, along with other | ||||||
3 | states and governmental entities, in an interstate | ||||||
4 | clearinghouse to promote safer chemicals in consumer products. | ||||||
5 | The Agency and Department may cooperate with the interstate | ||||||
6 | clearinghouse to (i) organize and manage available data on | ||||||
7 | chemicals, including information on uses, hazards, | ||||||
8 | environmental concerns, safer alternatives, and model policies | ||||||
9 | and programs, (ii) provide technical assistance regarding | ||||||
10 | chemical safety to businesses, consumers, and policy makers, | ||||||
11 | and (iii) undertake other activities in support of State | ||||||
12 | programs to promote chemical safety. | ||||||
13 | Section 25. Implementation and exemption. | ||||||
14 | (a) Manufacturers and wholesalers of products restricted | ||||||
15 | under Section 15 of this Act must, no less than 90 days before | ||||||
16 | the effective date of such a restriction, notify persons to | ||||||
17 | whom they sell a restricted product about the provisions of | ||||||
18 | this Act. | ||||||
19 | (b) A retailer who unknowingly sells a product that is | ||||||
20 | restricted from sale under this Act is not liable under this | ||||||
21 | Act. | ||||||
22 | Section 30. Enforcement and penalties. | ||||||
23 | (a) The Attorney General is responsible for administering |
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1 | and ensuring compliance with this Act, including the | ||||||
2 | development and adoption of any rules, if necessary, for the | ||||||
3 | implementation and enforcement of this Act.
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4 | (b) The Attorney General shall develop and implement a | ||||||
5 | process for receiving and handling complaints from individuals | ||||||
6 | regarding possible violations of this Act. | ||||||
7 | (c) The Attorney General may conduct any investigation | ||||||
8 | deemed necessary regarding possible violations of this Act | ||||||
9 | including, without limitation, the issuance of subpoenas to: | ||||||
10 | (i) require the filing of a statement or report or answer | ||||||
11 | interrogatories in writing as to all information relevant to | ||||||
12 | the alleged violations; (ii) examine under oath any person who | ||||||
13 | possesses knowledge or information directly related to the | ||||||
14 | alleged violations; and (iii) examine any record, book, | ||||||
15 | document, account, or paper necessary to investigate the | ||||||
16 | alleged violation. | ||||||
17 | (d) Service by the Attorney General of any notice requiring | ||||||
18 | a person to file a statement or report, or of a subpoena upon | ||||||
19 | any person, shall be made: | ||||||
20 | (1) personally by delivery of a duly executed copy | ||||||
21 | thereof to the person to be served or, if a person is not a | ||||||
22 | natural person, in the manner provided in the Code of Civil | ||||||
23 | Procedure when a complaint is filed; or | ||||||
24 | (2) by mailing by certified mail a duly executed copy | ||||||
25 | thereof to the person to be served at his or her last known | ||||||
26 | abode or principal place of business within this State. |
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1 | (e) In lieu of a civil action, the individual or entity | ||||||
2 | alleged to have engaged in a pattern or practice deemed | ||||||
3 | violative of this Act may enter into an Assurance of Voluntary | ||||||
4 | Compliance with respect to the alleged pattern or practice | ||||||
5 | violation. | ||||||
6 | (f) If the Attorney General determines that there is a | ||||||
7 | reason to believe that a violation of the Act has occurred, the | ||||||
8 | Attorney General may bring an action in the name of the People | ||||||
9 | of the State to obtain temporary, preliminary, or permanent | ||||||
10 | injunctive relief for any act, policy, or practice that | ||||||
11 | violates this Act. | ||||||
12 | (g) If any person fails or refuses to file any statement or | ||||||
13 | report, or obey any subpoena, issued pursuant to subsection (c) | ||||||
14 | of this Section, the Attorney General may proceed to initiate a | ||||||
15 | civil action pursuant to subsection (f) of this Section, or | ||||||
16 | file a complaint in the circuit court for the granting of | ||||||
17 | injunctive relief, including restraining the conduct that is | ||||||
18 | alleged to violate this Act until the person files the | ||||||
19 | statement or report, or obeys the subpoena.
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20 | (h) Relief that may be granted. | ||||||
21 | (1) In any civil action brought pursuant to subsection | ||||||
22 | (f) of this Section, the Attorney General may obtain as a | ||||||
23 | remedy, equitable relief (including any permanent or | ||||||
24 | preliminary injunction, temporary restraining order, or | ||||||
25 | other order, including an order enjoining the defendant | ||||||
26 | from engaging in a violation or ordering any action as may |
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1 | be appropriate). In addition, the Attorney General may | ||||||
2 | request and the Court may impose a civil penalty in an | ||||||
3 | amount not to exceed $50,000 for each violation. For | ||||||
4 | purposes of this subsection, each item and each standard | ||||||
5 | constitutes a separate violation. | ||||||
6 | (2) A civil penalty imposed or a settlement or other | ||||||
7 | payment made pursuant to this Act shall be made payable to | ||||||
8 | the Attorney General's State Projects and Court Ordered | ||||||
9 | Distribution Fund, which is created as a special fund in | ||||||
10 | the State Treasury. Moneys in the Fund shall be used, | ||||||
11 | subject to appropriation, for the performance of any | ||||||
12 | function pertaining to the exercise of the duties of the | ||||||
13 | Attorney General including but not limited to enforcement | ||||||
14 | of any law of this State, product testing, and conducting | ||||||
15 | public education programs. | ||||||
16 | (3) Any funds collected under this Section in an action | ||||||
17 | in which the State's Attorney has prevailed shall be | ||||||
18 | retained by the county in which he or she serves.
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19 | (i) The penalties and injunctions provided in this Act are | ||||||
20 | in addition to any penalties, injunctions, or other relief | ||||||
21 | provided under any other law. Nothing in this Act
shall bar a | ||||||
22 | cause of action by the State for any other penalty, injunction, | ||||||
23 | or relief
provided by any other law.
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24 | Section 90. The State Finance Act is amended by adding | ||||||
25 | Section 5.756 as follows: |
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1 | (30 ILCS 105/5.756 new) | ||||||
2 | Sec. 5.756. The Attorney General's State Projects and Court | ||||||
3 | Ordered Distribution Fund. ".
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