SB2460 101ST GENERAL ASSEMBLY

LRB101 16492 CPF 65873 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning sales.

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 Candy Packaged to Resemble Cigarettes Prohibition Act.

Section 5. Definitions. 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.

Section 10. Prohibition. 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.

Section 15. Violations. 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.

Section 20. Enforcement. This Act may be enforced by the Department, by a State, county, or municipal law enforcement officer, or by a municipal code enforcement officer.

Section 99. Effective date. This Act takes effect upon becoming law.