Full Text of SB2460 101st General Assembly
SB2460 101ST GENERAL ASSEMBLY
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced 1/15/2020___________, by
SYNOPSIS AS INTRODUCED:
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.
|FISCAL NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning sales.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Packaged to Resemble Cigarettes Prohibition Act.
In this Act:
"Candy" means a preparation of sugar, honey, or other
natural or artificial sweetener in combination with chocolate,
fruits, nuts, or other ingredients or flavorings in the form of
bars, drops, or pieces.
"Department" means the Department of Public Health.
"Retail establishment" means any person, corporation,
partnership, business venture, public sports or entertainment
facility, government agency, or organization that sells or
provides merchandise, goods, or materials, including, but not
limited to, clothing, food, beverages, household goods, or
personal items of any kind, directly to a customer. "Retail
establishment" includes, but is not limited to, department
stores, clothing stores, jewelry stores, grocery stores,
pharmacies, home improvement stores, liquor stores,
convenience stores, gas stations, restaurants, mobile food
delivery, and farmers markets.
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A person may not sell at retail or
distribute for retail sale in this State candy packaged to
resemble cigarettes. The prohibition specified in this Section
does not apply to the transportation of candy packaged to
resemble cigarettes through this State or the storage of candy
packaged to resemble cigarettes in a warehouse or distribution
center in this State that is closed to the public for purpose
of retail sales.
A violation of Section 10 is a
petty offense for which a fine not to exceed $500 for each
offense may be imposed. Each day that a person violates Section
10 is a separate offense. A person who is employed as a clerk
by a retail establishment shall not be in violation of this Act
unless he or she sells candy packaged to resemble cigarettes
with the intent to violate this Act.
This Act may be enforced by the
Department, by a State, county, or municipal law enforcement
officer, or by a municipal code enforcement officer.
This Act takes effect upon