HB4050 102ND GENERAL ASSEMBLY

LRB102 17549 CPF 23191 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4050

Introduced 3/17/2021, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

New Act
35 ILCS 130/6	from Ch. 120, par. 453.6
35 ILCS 135/6	from Ch. 120, par. 453.36
35 ILCS 143/10-25
720 ILCS 678/2
720 ILCS 678/5

Creates the Flavored Electronic Cigarette Ban Act. Prohibits the sale, offering for sale, or possession with intent to sell of any flavored electronic cigarette or related flavor product. Provides an exception for products that have obtained a tobacco product clearance order. Prohibits the ordering or purchasing or shipping of a flavored electronic cigarette or related flavor product to any person in this State. Provides that the Department of Human Services shall enforce the Act and may adopt rules or guidelines for the implementation and enforcement of the Act. Amends the Cigarette Tax Act, the Cigarette Use Tax Act, and the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the licenses of entities licensed under those Acts that violate the Flavored Electronic Cigarette Ban Act. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act. Refers to cigarettes, electronic cigarettes, and related flavor products (instead of only cigarettes) in various defined terms. Includes electronic cigarettes and related flavor products in provisions regarding unlawful shipment or transportation of cigarettes. Effective June 1, 2021.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

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 Flavored Electronic Cigarette Ban Act.

Section 5. Definitions. In this Act:

"Characterizing flavor" means a distinguishable taste or aroma, other than the taste or aroma of tobacco or menthol, imparted by an electronic cigarette or related flavor product, or any by-product produced by the electronic cigarette or related flavor product. "Characterizing flavor" includes, but is not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, herb, or spice. An electronic cigarette or related flavor product does not have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.

"Constituent" means any ingredient, substance, chemical, or compound, other than water, that is added to an electronic cigarette or related flavor product.

"Department" means the Department of Human Services.

"Distinguishable" means perceivable by either the sense of smell or taste.

"Distributor" means a person who sells, offers for sale, or transfers any tobacco, tobacco products, flavored electronic cigarette, or related flavor product for resale and not for use or consumption. "Distributor" includes a distributor as defined in Section 1 of the Cigarette Tax Act, Section 1 of the Cigarette Use Tax Act, and Section 10-5 of the Tobacco Products Tax Act of 1995.

"Electronic cigarette" means:

(1) any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;

(2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or

(3) any solution or substance, whether or not it contains nicotine, intended for use in the device.

"Electronic cigarette" includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device. "Electronic cigarette" does not include: any smokeless nicotine product; a cigarette, as defined in Section 1 of the Cigarette Tax Act; any tobacco product as defined in this Section; any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product or a tobacco dependence product, or for other medical purposes that is marketed and sold solely for that approved purpose; any asthma inhaler prescribed by a physician for that condition that is marketed and sold solely for that approved purpose; any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Program Act; or cannabis as defined in Section 1-10 of the Cannabis Regulation and Tax Act.

"Flavored electronic cigarette" means any electronic cigarette containing a constituent that imparts a characterizing flavor.

"Labeling" means written, printed, pictorial, or graphic matter upon any electronic cigarette or related flavor product or any packaging of an electronic cigarette or related flavor product.

"Packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping or cellophane in which an electronic cigarette or related flavor product is sold or offered for sale to a consumer.

"Related flavor product" means any flavor product intended for or traditionally used with tobacco, including papers, wraps, tubes, or filters. A product of a type which has in the past been used in conjunction with tobacco or nicotine use shall be deemed a "related flavor product" regardless of any labeling or descriptive language on the product stating that the product is not intended for use with tobacco, is for non-tobacco use only, or other similar language.

"Retailer" means a person who engages in this State in the sale, or offering for sale, of flavored electronic cigarettes or related flavor products for use or consumption and not for resale in any form. "Retailer" includes a retailer as that term is defined in Section 1 of the Cigarette Tax Act and Section 10-5 of the Tobacco Products Tax Act of 1995.

"Secondary distributor" means a secondary distributor as that term is defined in Section 1 of the Cigarette Tax Act or Section 1 of the Cigarette Use Tax Act.

"Smokeless nicotine product" means nicotine that is in the form of a solid, gel, gum, or paste that is intended for human consumption, placement in the oral or nasal cavity, or absorption into the human body by any other means. "Smokeless nicotine product" does not include any tobacco product or cigarette.

"Tobacco product" means any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product which contains tobacco that is finely cut, ground, powdered, or leaf and intended to be placed in the oral cavity. "Tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include an electronic cigarette, a smokeless nicotine product, an alternative nicotine product, or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.

Section 10. Prohibitions.

(a) A retailer, or any of a retailer's agents or employees, may not sell, offer for sale, or possess with the intent to sell or offer for sale a flavored electronic cigarette or related flavor product.

(b) A distributor or secondary distributor may not sell, offer for sale, or possess with intent to sell or offer for sale a flavored electronic cigarette or related flavor product in this State. There is a rebuttable presumption that a distributor or secondary distributor possesses a flavored electronic cigarette or related flavor product with the intent to sell in the State if the distributor or secondary distributor cannot provide, upon request, evidence that the product is intended for order or purchase from without the State.

(c) There is a rebuttable presumption that an electronic cigarette or product is a flavored electronic cigarette or related flavor product if a manufacturer or any of a manufacturer's agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the electronic cigarette or related flavor product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product's labeling or packaging that are used to explicitly or implicitly communicate or suggest that the electronic cigarette or related flavor product has a characterizing flavor. A product with labeling or packaging that suggests the presence of a characterizing flavor is presumed to be a flavored electronic cigarette or related flavor product.

(d) This Section does not apply to any flavored electronic cigarette that has obtained a tobacco product clearance order pursuant to Section 387j of Title 21 of the United States Code.

(e) A distributor, secondary distributor, or retailer, or any of a retailer's agents or employees, shall not fulfill an order for, or allow a flavored electronic cigarette or related flavor product to be purchased by, or shipped to, any person in this State. As used in this subsection, "ordered or purchased" includes:

(1) a consumer submitting an order for sale by means of:

(A) a telephone or other method of voice transmission;

(B) the mail; or

(C) the Internet or other online service; or

(2) situations where the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made.

This subsection (e) applies regardless of whether the retailer is located within the State or not.

Section 15. Administrative rules; enforcement. The Department shall enforce this Act and may adopt rules or guidelines for the implementation and enforcement of this Act.

Section 20. Violations. Upon a decision by the Department after notice and hearing that a distributor, secondary distributor, or retailer, or any of a retailer's agents or employees, has engaged in any conduct that violates this Act, the Department of Revenue may suspend: that distributor's license under Section 6 of the Cigarette Tax Act, Section 6 of the Cigarette Use Tax Act, or Section 10-25 of the Tobacco Products Tax Act of 1995; that secondary distributor's license under Section 6 of the Cigarette Tax Act or Section 6 of the Cigarette Use Tax Act; or that retailer's license under Section 6 of the Cigarette Tax Act or Section 10-25 of the Tobacco Products Tax Act of 1995. Any suspension shall be preceded by a notice from the Department of Revenue of the initial determination or violation. A license shall be suspended 3 days for a first violation, 7 days for a second violation, and 30 days for a third and each subsequent violation.

The Department of Revenue shall impose a civil penalty not to exceed $5,000 on any person engaged in the business of selling flavored electronic cigarettes or related flavor products who ships or causes to be shipped any flavored electronic cigarettes or related flavor products to any person in this State in violation of subsection (e) of Section 10. Civil penalties imposed and collected by the Department under this subsection shall be deposited into the Tax Compliance and Administration Fund.

Section 25. No conflict with federal or State law. Nothing in this Act shall be interpreted or applied to create any requirement, power, or duty that is preempted by federal or State law.

Section 90. The Cigarette Tax Act is amended by changing Section 6 as follows:

(35 ILCS 130/6) (from Ch. 120, par. 453.6)

Sec. 6. Revocation, cancellation, or suspension of license. The Department may, after notice and hearing as provided for by this Act, revoke, cancel or suspend the license of any distributor, secondary distributor, or retailer for the violation of any provision of this Act, or for noncompliance with any provision herein contained, or for any noncompliance with any lawful rule or regulation promulgated by the Department under Section 8 of this Act, or because the licensee is determined to be ineligible for a distributor's license for any one or more of the reasons provided for in Section 4 of this Act, or because the licensee is determined to be ineligible for a secondary distributor's license for any one or more of the reasons provided for in Section 4c of this Act, or because the licensee is determined to be ineligible for a retailer's license for any one or more of the reasons provided for in Section 4g of this Act. However, no such license shall be revoked, cancelled or suspended, except after a hearing by the Department with notice to the distributor, secondary distributor, or retailer, as aforesaid, and affording such distributor, secondary distributor, or retailer a reasonable opportunity to appear and defend, and any distributor, secondary distributor, or retailer aggrieved by any decision of the Department with respect thereto may have the determination of the Department judicially reviewed, as herein provided.

The Department may revoke, cancel, or suspend the license of any distributor for a violation of the Tobacco Product Manufacturers' Escrow Enforcement Act as provided in Section 30 of that Act. The Department may revoke, cancel, or suspend the license of any secondary distributor for a violation of subsection (e) of Section 15 of the Tobacco Product Manufacturers' Escrow Enforcement Act.

The Department may suspend the license of any distributor, secondary distributor, or retailer for a violation of the Flavored Electronic Cigarette Ban Act as provided in Section 20 of that Act.

If the retailer has a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a) of Section 2 of that Act. For the purposes of this Section, any violation of subsection (a) of Section 2 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act occurring at the retailer's licensed location during a 24-month period shall be counted as a violation against the retailer.

If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a second violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act.

If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 7 days the license of that retailer for a third violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act.

If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 30 days the license of a retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act.

A training program that facilitates compliance with minimum-age tobacco laws must include at least the following elements: (i) it must explain that only individuals displaying valid identification demonstrating that they are 21 years of age or older shall be eligible to purchase cigarettes or tobacco products and (ii) it must explain where a clerk can check identification for a date of birth. The training may be conducted electronically. Each retailer that has a training program shall require each employee who completes the training program to sign a form attesting that the employee has received and completed tobacco training. The form shall be kept in the employee's file and may be used to provide proof of training.

Any distributor, secondary distributor, or retailer aggrieved by any decision of the Department under this Section may, within 20 days after notice of the decision, protest and request a hearing. Upon receiving a request for a hearing, the Department shall give notice in writing to the distributor, secondary distributor, or retailer requesting the hearing that contains a statement of the charges preferred against the distributor, secondary distributor, or retailer and that states the time and place fixed for the hearing. The Department shall hold the hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to the distributor, secondary distributor, or retailer. In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given.

No license so revoked, as aforesaid, shall be reissued to any such distributor, secondary distributor, or retailer within a period of 6 months after the date of the final determination of such revocation. No such license shall be reissued at all so long as the person who would receive the license is ineligible to receive a distributor's license under this Act for any one or more of the reasons provided for in Section 4 of this Act, is ineligible to receive a secondary distributor's license under this Act for any one or more of the reasons provided for in Section 4c of this Act, or is determined to be ineligible for a retailer's license under the Act for any one or more of the reasons provided for in Section 4g of this Act.

The Department upon complaint filed in the circuit court may by injunction restrain any person who fails, or refuses, to comply with any of the provisions of this Act from acting as a distributor, secondary distributor, or retailer of cigarettes in this State.

(Source: P.A. 101-2, eff. 7-1-19.)

Section 95. The Cigarette Use Tax Act is amended by changing Section 6 as follows:

(35 ILCS 135/6) (from Ch. 120, par. 453.36)

Sec. 6. Revocation, cancellation, or suspension of license. The Department may, after notice and hearing as provided for by this Act, revoke, cancel or suspend the license of any distributor or secondary distributor for the violation of any provision of this Act, or for non-compliance with any provision herein contained, or for any non-compliance with any lawful rule or regulation promulgated by the Department under Section 21 of this Act, or because the licensee is determined to be ineligible for a distributor's license for any one or more of the reasons provided for in Section 4 of this Act, or because the licensee is determined to be ineligible for a secondary distributor's license for any one or more of the reasons provided for in Section 4b or Section 7a of this Act. However, no such license shall be revoked, canceled or suspended, except after a hearing by the Department with notice to the distributor or secondary distributor, as aforesaid, and affording such distributor or secondary distributor a reasonable opportunity to appear and defend, and any distributor or secondary distributor aggrieved by any decision of the Department with respect thereto may have the determination of the Department judicially reviewed, as herein provided.

The Department may revoke, cancel, or suspend the license of any distributor for a violation of the Tobacco Product Manufacturers' Escrow Enforcement Act as provided in Section 30 of that Act. The Department may revoke, cancel, or suspend the license of any secondary distributor for a violation of subsection (e) of Section 15 of the Tobacco Product Manufacturers' Escrow Enforcement Act.

The Department may suspend the license of any distributor or secondary distributor for a violation of the Flavored Electronic Cigarette Ban Act as provided in Section 20 of that Act.

Any distributor or secondary distributor aggrieved by any decision of the Department under this Section may, within 20 days after notice of the decision, protest and request a hearing. Upon receiving a request for a hearing, the Department shall give notice in writing to the distributor or secondary distributor requesting the hearing that contains a statement of the charges preferred against the distributor or secondary distributor and that states the time and place fixed for the hearing. The Department shall hold the hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to the distributor or secondary distributor. In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given.

No license so revoked, shall be reissued to any such distributor or secondary distributor within a period of 6 months after the date of the final determination of such revocation. No such license shall be reissued at all so long as the person who would receive the license is ineligible to receive a distributor's license under this Act for any one or more of the reasons provided for in Section 4 of this Act or is ineligible to receive a secondary distributor's license under this Act for any one or more of the reasons provided for in Section 4b and Section 7a of this Act.

The Department upon complaint filed in the circuit court may by injunction restrain any person who fails, or refuses, to comply with this Act from acting as a distributor or secondary distributor of cigarettes in this State.

(Source: P.A. 96-1027, eff. 7-12-10.)

Section 100. The Tobacco Products Tax Act of 1995 is amended by changing Section 10-25 as follows:

(35 ILCS 143/10-25)

Sec. 10-25. License actions.

(a) The Department may, after notice and a hearing, revoke, cancel, or suspend the license of any distributor or retailer who violates any of the provisions of this Act, fails to keep books and records as required under this Act, fails to make books and records available for inspection upon demand by a duly authorized employee of the Department, or violates a rule or regulation of the Department for the administration and enforcement of this Act. The notice shall specify the alleged violation or violations upon which the revocation, cancellation, or suspension proceeding is based.

(b) The Department may revoke, cancel, or suspend the license of any distributor for a violation of the Tobacco Product Manufacturers' Escrow Enforcement Act as provided in Section 20 of that Act.

(b-5) The Department may suspend the license of any distributor or retailer for a violation of the Flavored Electronic Cigarette Ban Act as provided in Section 20 of that Act.

(c) If the retailer has a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a) of Section 2 of that Act. For the purposes of this Section, any violation of subsection (a) of Section 2 of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act occurring at the retailer's licensed location, during a 24-month period, shall be counted as a violation against the retailer.

If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a second violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act.

If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 7 days the license of that retailer for a third violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act.

If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 30 days the license of a retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act.

A training program that facilitates compliance with minimum-age tobacco laws must include at least the following elements: (i) it must explain that only individuals displaying valid identification demonstrating that they are 21 years of age or older shall be eligible to purchase cigarettes or tobacco products and (ii) it must explain where a clerk can check identification for a date of birth. The training may be conducted electronically. Each retailer that has a training program shall require each employee who completes the training program to sign a form attesting that the employee has received and completed tobacco training. The form shall be kept in the employee's file and may be used to provide proof of training.

(d) The Department may, by application to any circuit court, obtain an injunction restraining any person who engages in business as a distributor of tobacco products without a license (either because his or her license has been revoked, canceled, or suspended or because of a failure to obtain a license in the first instance) from engaging in that business until that person, as if that person were a new applicant for a license, complies with all of the conditions, restrictions, and requirements of Section 10-20 of this Act and qualifies for and obtains a license. Refusal or neglect to obey the order of the court may result in punishment for contempt.

(Source: P.A. 100-940, eff. 8-17-18; 101-2, eff. 7-1-19.)

Section 105. The Prevention of Cigarette Sales to Persons under 21 Years of Age Act is amended by changing Sections 2 and 5 as follows:

(720 ILCS 678/2)

Sec. 2. Definitions. For the purpose of this Act:

"Cigarette", when used in this Act, means any roll for smoking made wholly or in part of tobacco irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, and the wrapper or cover of which is made of paper or any other substance or material except whole leaf tobacco.

"Clear and conspicuous statement" means the statement is of sufficient type size to be clearly readable by the recipient of the communication.

"Consumer" means an individual who acquires or seeks to acquire cigarettes, electronic cigarettes, or related flavor products for personal use.

"Delivery sale" means any sale of cigarettes, electronic cigarettes, or related flavor products to a consumer if:

(a) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or

(b) the cigarettes, electronic cigarettes, or related flavor products are delivered by use of a common carrier, private delivery service, or the mails, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes, electronic cigarettes, or related flavor products.

"Delivery service" means any person (other than a person that makes a delivery sale) who delivers to the consumer the cigarettes, electronic cigarettes, or related flavor products sold in a delivery sale.

"Department" means the Department of Revenue.

"Government-issued identification" means a State driver's license, State identification card, passport, a military identification or an official naturalization or immigration document, such as an alien registration recipient card (commonly known as a "green card") or an immigrant visa.

"Mails" or "mailing" mean the shipment of cigarettes, electronic cigarettes, or related flavor products through the United States Postal Service.

"Out-of-state sale" means a sale of cigarettes, electronic cigarettes, or related flavor products to a consumer located outside of this State where the consumer submits the order for such sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, facsimile transmission, or the Internet or other online service and where the cigarettes, electronic cigarettes, or related flavor products are delivered by use of the mails or other delivery service.

"Person" means any individual, corporation, partnership, limited liability company, association, or other organization that engages in any for-profit or not-for-profit activities.

"Shipping package" means a container in which packs or cartons of cigarettes, electronic cigarettes, or related flavor products are shipped in connection with a delivery sale.

"Shipping documents" means bills of lading, air bills, or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages, or other containers.

(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)

(720 ILCS 678/5)

Sec. 5. Unlawful shipment or transportation of cigarettes, electronic cigarettes, or related flavor products.

(a) It is unlawful for any person engaged in the business of selling cigarettes, electronic cigarettes, or related flavor products to ship or cause to be shipped any cigarettes, electronic cigarettes, or related flavor products unless the person shipping the cigarettes:

(1) is licensed as a distributor under either the Cigarette Tax Act, or the Cigarette Use Tax Act, or the Tobacco Products Tax Act of 1995; or delivers the cigarettes, electronic cigarettes, or related flavor products to a distributor licensed under either the Cigarette Tax Act, or the Cigarette Use Tax Act, or the Tobacco Products Tax Act of 1995; or

(2) ships them to an export warehouse proprietor pursuant to Chapter 52 of the Internal Revenue Code, or an operator of a customs bonded warehouse pursuant to Section 1311 or 1555 of Title 19 of the United States Code.

For purposes of this subsection (a), a person is a licensed distributor if the person's name appears on a list of licensed distributors published by the Illinois Department of Revenue. The term cigarette has the same meaning as defined in Section 1 of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax Act. The term electronic cigarette has the same meaning as defined in Section 10-5 of the Tobacco Products Tax Act of 1995. The term related flavor product has the same meaning as defined in Section 5 of the Flavored Electronic Cigarette Ban Act. Nothing in this Act prohibits a person licensed as a distributor under the Cigarette Tax Act or the Cigarette Use Tax Act from shipping or causing to be shipped any cigarettes to a registered retailer under the Retailers' Occupation Tax Act provided the cigarette tax or cigarette use tax has been paid.

(b) A common or contract carrier may transport cigarettes to any individual person in this State only if the carrier reasonably believes such cigarettes have been received from a person described in paragraph (a)(1). Common or contract carriers may make deliveries of cigarettes to licensed distributors described in paragraph (a)(1) of this Section. Nothing in this subsection (b) shall be construed to prohibit a person other than a common or contract carrier from transporting not more than 1,000 cigarettes at any one time to any person in this State.

(c) A common or contract carrier may not complete the delivery of any cigarettes to persons other than those described in paragraph (a)(1) of this Section without first obtaining from the purchaser an official written identification from any state or federal agency that displays the person's date of birth or a birth certificate that includes a reliable confirmation that the purchaser is at least 21 years of age; that the cigarettes purchased are not intended for consumption by an individual who is younger than 21 years of age; and a written statement signed by the purchaser that certifies the purchaser's address and that the purchaser is at least 21 years of age. The statement shall also confirm: (1) that the purchaser understands that signing another person's name to the certification is illegal; (2) that the sale of cigarettes to individuals under 21 years of age is illegal; and (3) that the purchase of cigarettes by individuals under 21 years of age is illegal under the laws of Illinois.

(d) When a person engaged in the business of selling cigarettes ships or causes to be shipped any cigarettes to any person in this State, other than in the cigarette manufacturer's or tobacco products manufacturer's original container or wrapping, the container or wrapping must be plainly and visibly marked with the word "cigarettes".

(e) When a peace officer of this State or any duly authorized officer or employee of the Illinois Department of Public Health or Department of Revenue discovers any cigarettes, electronic cigarettes, or related flavor products which have been or which are being shipped or transported in violation of this Section, he or she shall seize and take possession of the cigarettes, electronic cigarettes, or related flavor products, and the cigarettes shall be subject to a forfeiture action pursuant to the procedures provided under the Cigarette Tax Act or Cigarette Use Tax Act.

(Source: P.A. 101-2, eff. 7-1-19.)

Section 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect June 1, 2021.