Illinois General Assembly - Full Text of HB0147
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Full Text of HB0147  102nd General Assembly




HB0147 EngrossedLRB102 04402 CPF 14420 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the CBD
5Safety Act.
6    Section 5. Definitions. In this Act:
7    "Cannabinoid product" means a product offered for sale
8that contains cannabinoids and is not regulated under the
9Compassionate Use of Medical Cannabis Program Act or the
10Cannabis Regulation and Tax Act. "Cannabinoid product"
11includes foods, and only foods, containing cannabinoids and
12that are not time/temperature control for safety foods, as
13defined in Section 1-201.10 of the Food Code 2017
14Recommendations of the United States Public Health Service
15Food and Drug Administration.
16    "Department" means the Department of Agriculture.
17    "Director" means the Director of Agriculture.
18    Section 10. Cannabinoid product labeling, packaging, and
19testing requirements. No person shall manufacture, process, or
20offer for sale a cannabinoid product unless the cannabinoid
21product has labeling and packaging and has undergone lab
22testing that meet labeling, packaging, and minimum testing



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1requirements pursuant to rules adopted by the Department under
2subsection (b) of Section 15.
3    Section 15. Administration and enforcement; rules;
4emergency rules; inspection.
5    (a) The Department shall administer and enforce this Act
6and may adopt rules under the Illinois Administrative
7Procedure Act for the purpose of administering and enforcing
8this Act.
9    (b) The Department shall develop rules setting forth
10labeling, packaging, and minimum testing requirements of
11cannabinoid products.
12    (c) In order to provide for the expeditious and timely
13implementation of the provisions of this Act, the Department
14may adopt emergency rules in accordance with Section 5-45 of
15the Illinois Administrative Procedure Act to the extent
16necessary to administer the Department's responsibilities
17under this Act. The adoption of emergency rules authorized by
18this subsection (c) is deemed to be necessary for the public
19interest, safety, and welfare.
20    (d) The Department of Public Health, local health
21departments, the Illinois State Police, local sheriff's
22departments, municipal police departments, the Department of
23Revenue, and the Department may inspect any business that
24manufactures, processes, or offers for sale cannabinoid
25products in the State to ensure compliance with this Act.



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1    Section 20. Administrative penalties; judicial review. The
2following administrative fines may be imposed by the
3Department upon any person or entity who violates any
4provision of this Act or any rule adopted by the Department
5under this Act:
6        (1) A penalty of $500 for a first violation.
7        (2) A penalty of $1,500 for a second violation at the
8    same location within 2 years of the first violation.
9        (3) A penalty of $2,500 for a third or subsequent
10    violation at the same location within 2 years of the
11    second violation.
12    Moneys collected by the Department under this Section
13shall be deposited into the CBD Safety Fund. Any penalty of
14$2,500 or greater that is not paid within 120 days of issuance
15of notice from the Department shall be submitted to the
16Department of Revenue for collection as provided under the
17Illinois State Collection Act of 1986. The Department may
18prohibit any person from selling or distributing a cannabinoid
19product for failure to pay an administrative monetary penalty
20within 60 days of issuance of notice from the Department.
21    All final administrative decisions of the Department are
22subject to judicial review under the Administrative Review
23Law. The term "administrative decision" has the meaning
24ascribed to that term in Section 3-101 of the Code of Civil



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1    Section 25. Publishing information. The Department shall
2make available to the public complaints about cannabinoid
3products, information regarding a pending administrative
4hearing or court case under this Act, or any disciplinary
5action taken against a cannabinoid product manufacturer,
6processor, or seller.
7    Section 30. Temporary restraining order or injunction. The
8Director, through the Attorney General, may file a complaint
9and apply to the circuit court for, and the court upon hearing
10and for cause shown may grant, a temporary restraining order
11or a preliminary or permanent injunction restraining any
12person from violating this Act.
13    Section 35. CBD Safety Fund. The CBD Safety Fund is
14created as a special fund in the State treasury. Moneys in the
15Fund shall be utilized, subject to appropriation, by the
16Department for the implementation, administration, and
17enforcement of this Act.
18    Section 40. Federal law; preemption. Notwithstanding any
19other provision of this Act, the State may not regulate the
20safety of cannabinoid products in a way that is inconsistent
21with a federal law, rule, or regulation that regulates the
22safety of cannabinoid products and is in effect on or after the



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1effective date of this Act.
2    Section 90. The Illinois Administrative Procedure Act is
3amended by adding Section 5-45.8 as follows:
4    (5 ILCS 100/5-45.8 new)
5    Sec. 5-45.8. Emergency rulemaking; CBD Safety Act. To
6provide for the expeditious and timely implementation of the
7CBD Safety Act, emergency rules implementing the CBD Safety
8Act may be adopted in accordance with Section 5-45 by the
9Department of Agriculture. The adoption of emergency rules
10authorized by Section 5-45 and this Section is deemed to be
11necessary for the public interest, safety, and welfare.
12    This Section is repealed on January 1, 2027.
13    Section 95. The State Finance Act is amended by adding
14Section 5.935 as follows:
15    (30 ILCS 105/5.935 new)
16    Sec. 5.935. The CBD Safety Fund.
17    Section 99. Effective date. This Act takes effect 180 days
18after becoming law.