Illinois General Assembly - Full Text of SB0512
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Full Text of SB0512  102nd General Assembly

SB0512enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0512 EnrolledLRB102 14603 CPF 19956 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
5Preventing Youth Vaping Act.
 
6    Section 5. Definitions. In this Act:
7    "Additive" means any substance the intended use of which
8results or may reasonably be expected to result, directly or
9indirectly, in it becoming a component or otherwise affecting
10the characteristic of any tobacco product, including, but not
11limited to, any substances intended for use as a flavoring or
12coloring or in producing, manufacturing, packing, processing,
13preparing, treating, packaging, transporting, or holding.
14"Additive" does not include tobacco or a pesticide chemical
15residue in or on raw tobacco or a pesticide chemical.
16    "Consumer" means an individual who acquires or seeks to
17acquire electronic cigarettes for personal use.
18    "Distributor" means a person who sells, offers for sale,
19or transfers any tobacco, electronic cigarette, or tobacco
20product for resale and not for use or consumption.
21"Distributor" includes a distributor as defined in Section 1
22of the Cigarette Tax Act, Section 1 of the Cigarette Use Tax
23Act, and Section 10-5 of the Tobacco Products Tax Act of 1995.

 

 

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1    "Electronic cigarette" means:
2        (1) any device that employs a battery or other
3    mechanism to heat a solution or substance to produce a
4    vapor or aerosol intended for inhalation;
5        (2) any cartridge or container of a solution or
6    substance intended to be used with or in the device or to
7    refill the device; or
8        (3) any solution or substance, whether or not it
9    contains nicotine, intended for use in the device.
10    "Electronic cigarette" includes, but is not limited to,
11any electronic nicotine delivery system, electronic cigar,
12electronic cigarillo, electronic pipe, electronic hookah, vape
13pen, or similar product or device, and any component, part, or
14accessory of a device used during the operation of the device
15even if the part or accessory was sold separately. "Electronic
16cigarette" does not include: cigarettes, as defined in Section
171 of the Cigarette Tax Act; any product approved by the United
18States Food and Drug Administration for sale as a smoking
19cessation product, a tobacco dependence product, or for other
20medical purposes that is marketed and sold solely for that
21approved purpose; any asthma inhaler prescribed by a physician
22for that condition that is marketed and sold solely for that
23approved purpose; any device that meets the definition of
24cannabis paraphernalia under Section 1-10 of the Cannabis
25Regulation and Tax Act; or any cannabis product sold by a
26dispensing organization pursuant to the Cannabis Regulation

 

 

SB0512 Enrolled- 3 -LRB102 14603 CPF 19956 b

1and Tax Act or the Compassionate Use of Medical Cannabis
2Program Act.
3    "Manufacturer" means any person, wherever resident or
4located, who manufactures and sells tobacco products.
5"Manufacturer" does not include a person who makes,
6manufactures, or fabricates tobacco products as a part of a
7correctional industries program for sale to persons
8incarcerated in penal institutions or resident patients of a
9State-operated mental health facility.
10    "Modified risk tobacco product" means any tobacco product
11that is sold or distributed to reduce harm or the risk of
12tobacco related disease associated with commercially marketed
13tobacco products.
14    "Person" means any individual, corporation, partnership,
15limited liability company, association, or other organization
16that engages in any for-profit or not-for-profit activities.
17    "Retailer" means a person who engages in this State in the
18sale of or offers for sale electronic cigarettes for use or
19consumption and not for resale in any form. "Retailer"
20includes a retailer as defined in Section 1 of the Cigarette
21Tax Act and Section 10-5 of the Tobacco Products Tax Act of
221995.
23    "Secondary distributor" has the same meaning as defined in
24Section 1 of the Cigarette Tax Act and Section 1 of the
25Cigarette Use Tax Act.
26    "Tobacco product" has the same meaning as defined in

 

 

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1Section 10-5 of the Tobacco Products Tax Act of 1995.
 
2    Section 10. Enforcement; rulemaking.
3    (a) The Department of Revenue may adopt rules that are
4reasonable, necessary, and related to the administration and
5enforcement of this Act.
6    (b) The Department of Revenue, the Department of Public
7Health, a local public health department, the Department of
8Human Services, the Illinois State Police, a county sheriff,
9and a municipal police department may inspect any business
10that sells, manufactures, transports, or distributes
11electronic cigarettes in the State to ensure compliance with
12this Act.
 
13    Section 15. Prohibitions.
14    (a) It is unlawful for a person to do any of the following:
15        (1) To sell or distribute in this State; to acquire,
16    hold, own, possess, or transport, for sale or distribution
17    in this State; or to import, or cause to be imported into
18    this State for sale or distribution in this State:
19            (A) any electronic cigarette with packaging that:
20                (i) bears any statement, label, stamp,
21            sticker, or notice indicating that the
22            manufacturer did not intend the electronic
23            cigarette to be sold, distributed, or used in the
24            United States, including, but not limited to,

 

 

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1            labels stating "For Export Only", "U.S. Tax
2            Exempt", "For Use Outside U.S.", or similar
3            wording; or
4                (ii) does not comply with:
5                    (I) all requirements imposed by or
6                pursuant to federal law regarding warnings and
7                other information on packages of electronic
8                cigarettes manufactured, packaged, or imported
9                for sale, distribution, or use in the United
10                States; and
11                    (II) all federal trademark and copyright
12                laws; and
13            (B) any electronic cigarette that the person
14        otherwise knows or has reason to know the manufacturer
15        did not intend to be sold, distributed, or used in the
16        United States.
17        (2) To alter the packaging of an electronic cigarette,
18    prior to sale or distribution to the ultimate consumer, so
19    as to remove, conceal, or obscure any statement, label,
20    stamp, sticker, or notice required under this Section or
21    federal law.
22        (3) To affix any stamp required under this Act to the
23    packaging of any electronic cigarettes described in
24    subparagraph (A) of paragraph (1) or altered in violation
25    of subparagraph (A) of paragraph (1).
26        (4) To adulterate an electronic cigarette for sale in

 

 

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1    this State. An electronic cigarette is adulterated if:
2            (A) it consists in whole or in part of any filthy,
3        putrid, or decomposed substance, or is otherwise
4        contaminated by any added poisonous or deleterious
5        substance that may render the product injurious to
6        health;
7            (B) it is held or packaged in containers composed,
8        in whole or in part, of any poisonous or deleterious
9        substance that may render the contents injurious to
10        health; or
11            (C) it is required by 21 U.S.C. 387j(a) to have
12        premarket review and does not have an order in effect
13        under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of
14        an order under 21 U.S.C. 387j(c)(1)(A).
15    Electronic cigarettes first sold prior to August 8, 2016
16and for which a premarket tobacco product application was
17submitted to the U.S. Food and Drug Administration by
18September 9, 2020 shall not be deemed to be adulterated under
19subparagraph (C) of paragraph (4) of this subsection.
20    (b) A distributor, secondary distributor, retailer, or
21person who violates this Section shall be guilty of a Class 4
22felony.
23    (c) Any violation of this Act shall be reported to the
24Department of Revenue within 7 business days.
 
25    Section 20. Additives. An electronic cigarette for sale in

 

 

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1this State shall not include the following additives:
2        (1) polyethylene glycol (PEG);
3        (2) vitamin E acetate; or
4        (3) medium chain triglycerides (MCT oil).
 
5    Section 25. Advertising.
6    (a) A manufacturer, distributor, or retailer may not
7advertise, market, or promote an electronic cigarette as a
8modified risk tobacco product unless it has been designated as
9a modified risk tobacco product by the United States Food and
10Drug Administration.
11    (b) A manufacturer, distributor, or retailer may not
12advertise, market, or promote or advertise an electronic
13cigarette as providing smoking cessation benefits to consumers
14unless it has approval from the United States Food and Drug
15Administration to market its electronic cigarette as a medical
16product for such purpose.
17    (c) A manufacturer, distributor, or retailer may not
18advertise, market, or promote an electronic cigarette in a
19manner that includes fraudulent or misleading terms or
20statements.
21    (d) A manufacturer, distributor, or retailer may not
22advertise, market, or promote an electronic cigarette in a
23manner that:
24        (1) encourages persons under 21 years of age to use an
25    electronic cigarette; or

 

 

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1        (2) is attractive to persons under 21 years of age,
2    including, but not limited to, inclusion of the following:
3            (A) cartoons;
4            (B) an image, character, or phrase that is similar
5        to one popularly used to advertise to children; or
6            (C) a video game, movie, video, or animated
7        television show known to appeal primarily to persons
8        under 21 years of age.
 
9    Section 30. Manufacturer requirements. A manufacturer
10shall ensure that the label on an electronic cigarette
11container meets the nicotine addictiveness warning statement
12requirements under 21 CFR 1143.3.
 
13    Section 35. Violations.
14    (a) Upon a finding that a distributor, secondary
15distributor, retailer, or person has committed any of the
16conduct prohibited under this Act or any rule adopted under
17this Act, knowing or having reason to know that he or she has
18done so, the Department of Revenue may: revoke or suspend the
19license or licenses of the distributor, secondary distributor,
20retailer, or person pursuant to the procedures set forth in
21the Cigarette Tax Act, Cigarette Use Tax Act, or the Tobacco
22Products Tax Act of 1995; and impose on the distributor,
23secondary distributor, retailer, or person a civil penalty in
24an amount not to exceed the greater of 500% of the retail value

 

 

SB0512 Enrolled- 9 -LRB102 14603 CPF 19956 b

1of the electronic cigarettes involved or $10,000.
2    (b) Electronic cigarettes that are acquired in, held in,
3owned in, possessed in, transported within, imported into, or
4sold or distributed across this State in violation of this Act
5shall be deemed contraband under this Act and are subject to
6seizure and forfeiture as provided in subsection (g) of
7Section 1 of the Prevention of Tobacco Use by Persons under 21
8Years of Age and Sale and Distribution of Tobacco Products
9Act, and all such electronic cigarettes seized and forfeited
10shall be destroyed or maintained and used in an undercover
11capacity. Such electronic cigarettes shall be deemed
12contraband whether the violation of this Act is knowing or
13otherwise.
14    (c) The Attorney General may enforce violations of Section
1515 or 25 of this Act as an unlawful practice under the Consumer
16Fraud and Deceptive Business Practices Act.
 
17    Section 40. The Prevention of Tobacco Use by Persons under
1821 Years of Age and Sale and Distribution of Tobacco Products
19Act is amended by changing Section 1 as follows:
 
20    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
21    Sec. 1. Prohibition on sale of tobacco products,
22electronic cigarettes, and alternative nicotine products to
23persons under 21 years of age; prohibition on the distribution
24of tobacco product samples, electronic cigarette samples, and

 

 

SB0512 Enrolled- 10 -LRB102 14603 CPF 19956 b

1alternative nicotine product samples to any person; use of
2identification cards; vending machines; lunch wagons;
3out-of-package sales.
4    (a) No person under 21 years of age shall buy any tobacco
5product, electronic cigarette, or alternative nicotine
6product. No person shall sell, buy for, distribute samples of
7or furnish any tobacco product, electronic cigarette, or any
8alternative nicotine product to any person under 21 years of
9age.
10    (a-5) No person under 16 years of age may sell any tobacco
11product, electronic cigarette, or alternative nicotine product
12at a retail establishment selling tobacco products, electronic
13cigarettes, or alternative nicotine products. This subsection
14does not apply to a sales clerk in a family-owned business
15which can prove that the sales clerk is in fact a son or
16daughter of the owner.
17    (a-5.1) Before selling, offering for sale, giving, or
18furnishing a tobacco product, electronic cigarette, or
19alternative nicotine product to another person, the person
20selling, offering for sale, giving, or furnishing the tobacco
21product, electronic cigarette, or alternative nicotine product
22shall verify that the person is at least 21 years of age by:
23        (1) examining from any person that appears to be under
24    30 years of age a government-issued photographic
25    identification that establishes the person to be 21 years
26    of age or older; or

 

 

SB0512 Enrolled- 11 -LRB102 14603 CPF 19956 b

1        (2) for sales of tobacco products, electronic
2    cigarettes, or alternative nicotine products made through
3    the Internet or other remote sales methods, performing an
4    age verification through an independent, third party age
5    verification service that compares information available
6    from public records to the personal information entered by
7    the person during the ordering process that establishes
8    the person is 21 years of age or older.
9    (a-6) No person under 21 years of age in the furtherance or
10facilitation of obtaining any tobacco product, electronic
11cigarette, or alternative nicotine product shall display or
12use a false or forged identification card or transfer, alter,
13or deface an identification card.
14    (a-7) (Blank).
15    (a-8) A person shall not distribute without charge samples
16of any tobacco product, alternative nicotine product, or
17electronic cigarette to any other person, regardless of age,
18except for smokeless tobacco in an adult-only facility.
19    This subsection (a-8) does not apply to the distribution
20of a tobacco product, electronic cigarette, or alternative
21nicotine product sample in any adult-only facility.
22    (a-9) For the purpose of this Section:
23        "Adult-only facility" means a facility or restricted
24    area (whether open-air or enclosed) where the operator
25    ensures or has a reasonable basis to believe (such as by
26    checking identification as required under State law, or by

 

 

SB0512 Enrolled- 12 -LRB102 14603 CPF 19956 b

1    checking the identification of any person appearing to be
2    under the age of 30) that no person under legal age is
3    present. A facility or restricted area need not be
4    permanently restricted to persons under 21 years of age to
5    constitute an adult-only facility, provided that the
6    operator ensures or has a reasonable basis to believe that
7    no person under 21 years of age is present during the event
8    or time period in question.
9        "Alternative nicotine product" means a product or
10    device not consisting of or containing tobacco that
11    provides for the ingestion into the body of nicotine,
12    whether by chewing, smoking, absorbing, dissolving,
13    inhaling, snorting, sniffing, or by any other means.
14    "Alternative nicotine product" does not include:
15    cigarettes as defined in Section 1 of the Cigarette Tax
16    Act and tobacco products as defined in Section 10-5 of the
17    Tobacco Products Tax Act of 1995; tobacco product and
18    electronic cigarette as defined in this Section; or any
19    product approved by the United States Food and Drug
20    Administration for sale as a tobacco cessation product, as
21    a tobacco dependence product, or for other medical
22    purposes, and is being marketed and sold solely for that
23    approved purpose.
24        "Electronic cigarette" means:
25            (1) any device that employs a battery or other
26        mechanism to heat a solution or substance to produce a

 

 

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1        vapor or aerosol intended for inhalation;
2            (2) any cartridge or container of a solution or
3        substance intended to be used with or in the device or
4        to refill the device; or
5            (3) any solution or substance, whether or not it
6        contains nicotine intended for use in the device.
7        "Electronic cigarette" includes, but is not limited
8    to, any electronic nicotine delivery system, electronic
9    cigar, electronic cigarillo, electronic pipe, electronic
10    hookah, vape pen, or similar product or device, and any
11    components or parts that can be used to build the product
12    or device, and any component, part, or accessory of a
13    device used during the operation of the device, even if
14    the part or accessory was sold separately. "Electronic
15    cigarette" does not include: cigarettes as defined in
16    Section 1 of the Cigarette Tax Act and tobacco products as
17    defined in Section 10-5 of the Tobacco Products Tax Act of
18    1995; tobacco product and alternative nicotine product as
19    defined in this Section; any product approved by the
20    United States Food and Drug Administration for sale as a
21    tobacco cessation product, as a tobacco dependence
22    product, or for other medical purposes, and is being
23    marketed and sold solely for that approved purpose; any
24    asthma inhaler prescribed by a physician for that
25    condition and is being marketed and sold solely for that
26    approved purpose; any device that meets the definition of

 

 

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1    cannabis paraphernalia under Section 1-10 of the Cannabis
2    Regulation and Tax Act; or any cannabis therapeutic
3    product sold by a dispensing organization pursuant to the
4    Cannabis Regulation and Tax Act or approved for use under
5    the Compassionate Use of Medical Cannabis Pilot Program
6    Act.
7        "Lunch wagon" means a mobile vehicle designed and
8    constructed to transport food and from which food is sold
9    to the general public.
10        "Nicotine" means any form of the chemical nicotine,
11    including any salt or complex, regardless of whether the
12    chemical is naturally or synthetically derived.
13        "Tobacco product" means any product containing or made
14    from tobacco that is intended for human consumption,
15    whether smoked, heated, chewed, absorbed, dissolved,
16    inhaled, snorted, sniffed, or ingested by any other means,
17    including, but not limited to, cigarettes, cigars, little
18    cigars, chewing tobacco, pipe tobacco, snuff, snus, and
19    any other smokeless tobacco product which contains tobacco
20    that is finely cut, ground, powdered, or leaf and intended
21    to be placed in the oral cavity. "Tobacco product"
22    includes any component, part, or accessory of a tobacco
23    product, whether or not sold separately. "Tobacco product"
24    does not include: an electronic cigarette and alternative
25    nicotine product as defined in this Section; or any
26    product that has been approved by the United States Food

 

 

SB0512 Enrolled- 15 -LRB102 14603 CPF 19956 b

1    and Drug Administration for sale as a tobacco cessation
2    product, as a tobacco dependence product, or for other
3    medical purposes, and is being marketed and sold solely
4    for that approved purpose.
5    (b) Tobacco products, electronic cigarettes, and
6alternative nicotine products may be sold through a vending
7machine only if such tobacco products, electronic cigarettes,
8and alternative nicotine products are not placed together with
9any non-tobacco product, other than matches, in the vending
10machine and the vending machine is in any of the following
11locations:
12        (1) (Blank).
13        (2) Places to which persons under 21 years of age are
14    not permitted access at any time.
15        (3) Places where alcoholic beverages are sold and
16    consumed on the premises and vending machine operation is
17    under the direct supervision of the owner or manager.
18        (4) (Blank).
19        (5) (Blank).
20    (c) (Blank).
21    (d) The sale or distribution by any person of a tobacco
22product as defined in this Section, including but not limited
23to a single or loose cigarette, that is not contained within a
24sealed container, pack, or package as provided by the
25manufacturer, which container, pack, or package bears the
26health warning required by federal law, is prohibited.

 

 

SB0512 Enrolled- 16 -LRB102 14603 CPF 19956 b

1    (e) It is not a violation of this Act for a person under 21
2years of age to purchase a tobacco product, electronic
3cigarette, or alternative nicotine product if the person under
4the age of 21 purchases or is given the tobacco product,
5electronic cigarette, or alternative nicotine product in any
6of its forms from a retail seller of tobacco products,
7electronic cigarettes, or alternative nicotine products or an
8employee of the retail seller pursuant to a plan or action to
9investigate, patrol, or otherwise conduct a "sting operation"
10or enforcement action against a retail seller of tobacco
11products, electronic cigarettes, or alternative nicotine
12products or a person employed by the retail seller of tobacco
13products, electronic cigarettes, or alternative nicotine
14products or on any premises authorized to sell tobacco
15products, electronic cigarettes, or alternative nicotine
16products to determine if tobacco products, electronic
17cigarettes, or alternative nicotine products are being sold or
18given to persons under 21 years of age if the "sting operation"
19or enforcement action is approved by, conducted by, or
20conducted on behalf of the Department of State Police, the
21county sheriff, a municipal police department, the Department
22of Revenue, the Department of Public Health, or a local health
23department. The results of any sting operation or enforcement
24action, including the name of the clerk, shall be provided to
25the retail seller within 7 business days.
26    (f) No person shall honor or accept any discount, coupon,

 

 

SB0512 Enrolled- 17 -LRB102 14603 CPF 19956 b

1or other benefit or reduction in price that is inconsistent
2with 21 CFR 1140, subsequent United States Food and Drug
3Administration industry guidance, or any rules adopted under
421 CFR 1140.
5    (g) Any peace officer or duly authorized member of the
6Illinois State Police, a county sheriff's department, a
7municipal police department, the Department of Revenue, the
8Department of Public Health, a local health department, or the
9Department of Human Services, upon discovering a violation of
10subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
11Section or a violation of the Preventing Youth Vaping Act, may
12seize any tobacco products, alternative nicotine products, or
13electronic cigarettes of the specific type involved in that
14violation that are located at that place of business. The
15tobacco products, alternative nicotine products, or electronic
16cigarettes so seized are subject to confiscation and
17forfeiture.
18    (h) If, within 60 days after any seizure under subsection
19(g), a person having any property interest in the seized
20property is charged with an offense under this Section or a
21violation of the Preventing Youth Vaping Act, the court that
22renders judgment upon the charge shall, within 30 days after
23the judgment, conduct a forfeiture hearing to determine
24whether the seized tobacco products or electronic cigarettes
25were part of the inventory located at the place of business
26when a violation of subsection (a), (a-5), (a-5.1), (a-8),

 

 

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1(b), or (d) of this Section or a violation of the Preventing
2Youth Vaping Act occurred and whether any seized tobacco
3products or electronic cigarettes were of a type involved in
4that violation. The hearing shall be commenced by a written
5petition by the State, which shall include material
6allegations of fact, the name and address of every person
7determined by the State to have any property interest in the
8seized property, a representation that written notice of the
9date, time, and place of the hearing has been mailed to every
10such person by certified mail at least 10 days before the date,
11and a request for forfeiture. Every such person may appear as a
12party and present evidence at the hearing. The quantum of
13proof required shall be a preponderance of the evidence, and
14the burden of proof shall be on the State. If the court
15determines that the seized property was subject to forfeiture,
16an order of forfeiture and disposition of the seized property
17shall be entered and the property shall be received by the
18prosecuting office, who shall effect its destruction.
19    (i) If a seizure under subsection (g) is not followed by a
20charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or
21(d) of this Section or under the Preventing Youth Vaping Act,
22or if the prosecution of the charge is permanently terminated
23or indefinitely discontinued without any judgment of
24conviction or acquittal:
25        (1) the prosecuting office may commence in the circuit
26    court an in rem proceeding for the forfeiture and

 

 

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1    destruction of any seized tobacco products or electronic
2    cigarettes; and
3        (2) any person having any property interest in the
4    seized tobacco products or electronic cigarettes may
5    commence separate civil proceedings in the manner provided
6    by law.
7    (j) After the Department of Revenue has seized any tobacco
8product, nicotine product, or electronic cigarette as provided
9in subsection (g) and a person having any property interest in
10the seized property has not been charged with an offense under
11this Section or a violation of the Preventing Youth Vaping
12Act, the Department of Revenue must hold a hearing and
13determine whether the seized tobacco products, alternative
14nicotine products, or electronic cigarettes were part of the
15inventory located at the place of business when a violation of
16subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
17Section or a violation of the Preventing Youth Vaping Act
18occurred and whether any seized tobacco product, alternative
19nicotine product, or electronic cigarette was of a type
20involved in that violation. The Department of Revenue shall
21give not less than 20 days' notice of the time and place of the
22hearing to the owner of the property, if the owner is known,
23and also to the person in whose possession the property was
24found if that person is known and if the person in possession
25is not the owner of the property. If neither the owner nor the
26person in possession of the property is known, the Department

 

 

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1of Revenue must cause publication of the time and place of the
2hearing to be made at least once each week for 3 weeks
3successively in a newspaper of general circulation in the
4county where the hearing is to be held.
5    If, as the result of the hearing, the Department of
6Revenue determines that the tobacco products, alternative
7nicotine products, or the electronic cigarettes were part of
8the inventory located at the place of business when a
9violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or
10(d) of this Section or a violation of the Preventing Youth
11Vaping Act at the time of seizure, the Department of Revenue
12must enter an order declaring the tobacco product, alternative
13nicotine product, or electronic cigarette confiscated and
14forfeited to the State, to be held by the Department of Revenue
15for disposal by it as provided in Section 10-58 of the Tobacco
16Products Tax Act of 1995. The Department of Revenue must give
17notice of the order to the owner of the property, if the owner
18is known, and also to the person in whose possession the
19property was found if that person is known and if the person in
20possession is not the owner of the property. If neither the
21owner nor the person in possession of the property is known,
22the Department of Revenue must cause publication of the order
23to be made at least once each week for 3 weeks successively in
24a newspaper of general circulation in the county where the
25hearing was held.
26(Source: P.A. 101-2, eff. 7-1-19.)
 

 

 

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1    Section 45. The Prevention of Cigarette Sales to Persons
2under 21 Years of Age Act is amended by changing Sections 1, 2,
35, 6, 7, 8, 10, and 20 as follows:
 
4    (720 ILCS 678/1)
5    Sec. 1. Short title. This Act may be cited as the
6Prevention of Cigarette and Electronic Cigarette Sales to
7Persons under 21 Years of Age Act.
8(Source: P.A. 101-2, eff. 7-1-19.)
 
9    (720 ILCS 678/2)
10    Sec. 2. Definitions. For the purpose of this Act:
11    "Cigarette", when used in this Act, means any roll for
12smoking made wholly or in part of tobacco irrespective of size
13or shape and whether or not the tobacco is flavored,
14adulterated, or mixed with any other ingredient, and the
15wrapper or cover of which is made of paper or any other
16substance or material except whole leaf tobacco.
17    "Clear and conspicuous statement" means the statement is
18of sufficient type size to be clearly readable by the
19recipient of the communication.
20    "Consumer" means an individual who acquires or seeks to
21acquire cigarettes or electronic cigarettes for personal use.
22    "Delivery sale" means any sale of cigarettes or electronic
23cigarettes to a consumer if:

 

 

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1        (a) the consumer submits the order for such sale by
2    means of a telephone or other method of voice
3    transmission, the mails, or the Internet or other online
4    service, or the seller is otherwise not in the physical
5    presence of the buyer when the request for purchase or
6    order is made; or
7        (b) the cigarettes or electronic cigarettes are
8    delivered by use of a common carrier, private delivery
9    service, or the mails, or the seller is not in the physical
10    presence of the buyer when the buyer obtains possession of
11    the cigarettes or electronic cigarettes.
12    "Delivery service" means any person (other than a person
13that makes a delivery sale) who delivers to the consumer the
14cigarettes or electronic cigarettes sold in a delivery sale.
15    "Department" means the Department of Revenue.
16    "Electronic cigarette" means:
17        (1) any device that employs a battery or other
18    mechanism to heat a solution or substance to produce a
19    vapor or aerosol intended for inhalation;
20        (2) any cartridge or container of a solution or
21    substance intended to be used with or in the device or to
22    refill the device; or
23        (3) any solution or substance, whether or not it
24    contains nicotine, intended for use in the device.
25    "Electronic cigarette" includes, but is not limited to,
26any electronic nicotine delivery system, electronic cigar,

 

 

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1electronic cigarillo, electronic pipe, electronic hookah, vape
2pen, or similar product or device, and any component, part, or
3accessory of a device used during the operation of the device,
4even if the part or accessory was sold separately. "Electronic
5cigarette" does not include: cigarettes, as defined in Section
61 of the Cigarette Tax Act; any product approved by the United
7States Food and Drug Administration for sale as a tobacco
8cessation product, a tobacco dependence product, or for other
9medical purposes that is marketed and sold solely for that
10approved purpose; any asthma inhaler prescribed by a physician
11for that condition that is marketed and sold solely for that
12approved purpose; any device that meets the definition of
13cannabis paraphernalia under Section 1-10 of the Cannabis
14Regulation and Tax Act; or any cannabis product sold by a
15dispensing organization pursuant to the Cannabis Regulation
16and Tax Act or the Compassionate Use of Medical Cannabis
17Program Act.
18    "Government-issued identification" means a State driver's
19license, State identification card, passport, a military
20identification or an official naturalization or immigration
21document, such as an alien registration recipient card
22(commonly known as a "green card") or an immigrant visa.
23    "Mails" or "mailing" mean the shipment of cigarettes or
24electronic cigarettes through the United States Postal
25Service.
26    "Out-of-state sale" means a sale of cigarettes or

 

 

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1electronic cigarettes to a consumer located outside of this
2State where the consumer submits the order for such sale by
3means of a telephonic or other method of voice transmission,
4the mails or any other delivery service, facsimile
5transmission, or the Internet or other online service and
6where the cigarettes or electronic cigarettes are delivered by
7use of the mails or other delivery service.
8    "Person" means any individual, corporation, partnership,
9limited liability company, association, or other organization
10that engages in any for-profit or not-for-profit activities.
11    "Shipping package" means a container in which packs or
12cartons of cigarettes or electronic cigarettes are shipped in
13connection with a delivery sale.
14    "Shipping documents" means bills of lading, air bills, or
15any other documents used to evidence the undertaking by a
16delivery service to deliver letters, packages, or other
17containers.
18(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
19    (720 ILCS 678/5)
20    Sec. 5. Unlawful shipment or transportation of cigarettes
21or electronic cigarettes.
22    (a) It is unlawful for any person engaged in the business
23of selling cigarettes or electronic cigarettes to ship or
24cause to be shipped any cigarettes or electronic cigarettes
25unless the person shipping the cigarettes or electronic

 

 

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1cigarettes:
2        (1) is licensed as a distributor or, in the case of
3    electronic cigarettes, a retailer, under either the
4    Cigarette Tax Act, or the Cigarette Use Tax Act, or the
5    Tobacco Products Tax Act of 1995; or delivers the
6    cigarettes or electronic cigarettes to a distributor, or
7    in the case of electronic cigarettes, a retailer, licensed
8    under either the Cigarette Tax Act, or the Cigarette Use
9    Tax Act, or the Tobacco Products Tax Act of 1995; or
10        (2) ships them to an export warehouse proprietor
11    pursuant to Chapter 52 of the Internal Revenue Code, or an
12    operator of a customs bonded warehouse pursuant to Section
13    1311 or 1555 of Title 19 of the United States Code.
14    For purposes of this subsection (a), a person is a
15licensed distributor if the person's name appears on a list of
16licensed distributors published by the Illinois Department of
17Revenue. The term cigarette has the same meaning as defined in
18Section 1 of the Cigarette Tax Act and Section 1 of the
19Cigarette Use Tax Act. Nothing in this Act prohibits a person
20licensed as a distributor under the Cigarette Tax Act, or the
21Cigarette Use Tax Act, or the Tobacco Products Tax Act of 1995
22from shipping or causing to be shipped any cigarettes or
23electronic cigarettes to a registered retailer under the
24Retailers' Occupation Tax Act provided the cigarette tax, or
25cigarette use tax, or tobacco product tax has been paid.
26    In this Section, "retailer" means a person who engages in

 

 

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1this State in the sale of or offering for sale of electronic
2cigarettes for use or consumption and not for resale in any
3form. "Retailer" includes a retailer as defined in Section 1
4of the Cigarette Tax Act and Section 10-5 of the Tobacco
5Products Tax Act of 1995.
6    (b) A common or contract carrier may transport cigarettes
7or electronic cigarettes to any individual person in this
8State only if the carrier reasonably believes such cigarettes
9or electronic cigarettes have been received from a person
10described in paragraph (a)(1). Common or contract carriers may
11make deliveries of cigarettes or electronic cigarettes to
12licensed distributors described in paragraph (a)(1) of this
13Section. Nothing in this subsection (b) shall be construed to
14prohibit a person other than a common or contract carrier from
15transporting not more than 1,000 cigarettes at any one time to
16any person in this State.
17    (c) A common or contract carrier may not complete the
18delivery of any cigarettes or electronic cigarettes to persons
19other than those described in paragraph (a)(1) of this Section
20without first obtaining from the purchaser an official written
21identification from any state or federal agency that displays
22the person's date of birth or a birth certificate that
23includes a reliable confirmation that the purchaser is at
24least 21 years of age; that the cigarettes or electronic
25cigarettes purchased are not intended for consumption by an
26individual who is younger than 21 years of age; and a written

 

 

SB0512 Enrolled- 27 -LRB102 14603 CPF 19956 b

1statement signed by the purchaser that certifies the
2purchaser's address and that the purchaser is at least 21
3years of age. The statement shall also confirm: (1) that the
4purchaser understands that signing another person's name to
5the certification is illegal; (2) that the sale of cigarettes
6to individuals under 21 years of age is illegal; and (3) that
7the purchase of cigarettes by individuals under 21 years of
8age is illegal under the laws of Illinois.
9    (d) When a person engaged in the business of selling
10cigarettes or electronic cigarettes ships or causes to be
11shipped any cigarettes or electronic cigarettes to any person
12in this State, other than in the cigarette or electronic
13cigarette manufacturer's or tobacco products manufacturer's
14original container or wrapping, the container or wrapping must
15be plainly and visibly marked with the word "cigarettes" or
16"electronic cigarettes".
17    (e) When a peace officer of this State or any duly
18authorized officer or employee of the Illinois Department of
19Public Health or Department of Revenue discovers any
20cigarettes or electronic cigarettes which have been or which
21are being shipped or transported in violation of this Section,
22he or she shall seize and take possession of the cigarettes or
23electronic cigarettes, and the cigarettes or electronic
24cigarettes shall be subject to a forfeiture action pursuant to
25the procedures provided under the Cigarette Tax Act, or
26Cigarette Use Tax Act, or Tobacco Products Tax Act of 1995.

 

 

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1(Source: P.A. 101-2, eff. 7-1-19.)
 
2    (720 ILCS 678/6)
3    Sec. 6. Prevention of delivery sales to persons under 21
4years of age.
5    (a) No person shall make a delivery sale of cigarettes or
6electronic cigarettes to any individual who is under 21 years
7of age.
8    (b) Each person accepting a purchase order for a delivery
9sale shall comply with the provisions of this Act and all other
10laws of this State generally applicable to sales of cigarettes
11or electronic cigarettes that occur entirely within this
12State.
13(Source: P.A. 101-2, eff. 7-1-19.)
 
14    (720 ILCS 678/7)
15    Sec. 7. Age verification and shipping requirements to
16prevent delivery sales to persons under 21 years of age.
17    (a) No person, other than a delivery service, shall mail,
18ship, or otherwise cause to be delivered a shipping package in
19connection with a delivery sale unless the person:
20        (1) prior to the first delivery sale to the
21    prospective consumer, obtains from the prospective
22    consumer a written certification which includes a
23    statement signed by the prospective consumer that
24    certifies:

 

 

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1            (A) the prospective consumer's current address;
2        and
3            (B) that the prospective consumer is at least the
4        legal minimum age;
5        (2) informs, in writing, such prospective consumer
6    that:
7            (A) the signing of another person's name to the
8        certification described in this Section is illegal;
9            (B) sales of cigarettes or electronic cigarettes
10        to individuals under 21 years of age are illegal;
11            (C) the purchase of cigarettes or electronic
12        cigarettes by individuals under 21 years of age is
13        illegal; and
14            (D) the name and identity of the prospective
15        consumer may be reported to the state of the
16        consumer's current address under the Act of October
17        19, 1949 (15 U.S.C. § 375, et seq.), commonly known as
18        the Jenkins Act;
19        (3) makes a good faith effort to verify the date of
20    birth of the prospective consumer provided pursuant to
21    this Section by:
22            (A) comparing the date of birth against a
23        commercially available database; or
24            (B) obtaining a photocopy or other image of a
25        valid, government-issued identification stating the
26        date of birth or age of the prospective consumer;

 

 

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1        (4) provides to the prospective consumer a notice that
2    meets the requirements of subsection (b);
3        (5) receives payment for the delivery sale from the
4    prospective consumer by a credit or debit card that has
5    been issued in such consumer's name, or by a check or other
6    written instrument in such consumer's name; however, no
7    money order or cash payment shall be received or permitted
8    and the seller shall submit to each credit card acquiring
9    company with which it has credit card sales identification
10    information in an appropriate form and format so that the
11    words "tobacco product" may be printed in the purchaser's
12    credit card statement when a purchase of a cigarette or
13    electronic cigarette is made by credit card payment; and
14        (6) ensures that the shipping package is delivered to
15    the same address as is shown on the government-issued
16    identification or contained in the commercially available
17    database. No delivery described under this Section shall
18    be permitted to any post office box.
19    (b) The notice required under this Section shall include:
20        (1) a statement that cigarette and electronic
21    cigarette sales to consumers below 21 years of age are
22    illegal;
23        (2) a statement that sales of cigarettes and
24    electronic cigarettes are restricted to those consumers
25    who provide verifiable proof of age in accordance with
26    subsection (a);

 

 

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1        (3) a statement that cigarette or electronic cigarette
2    sales are subject to tax under Section 2 of the Cigarette
3    Tax Act (35 ILCS 130/2), Section 2 of the Cigarette Use Tax
4    Act, and Section 3 of the Use Tax Act, and Section 10-10 of
5    the Tobacco Products Tax Act of 1995 and an explanation of
6    how the correct tax has been, or is to be, paid with
7    respect to such delivery sale.
8    (c) A statement meets the requirement of this Section if:
9        (1) the statement is clear and conspicuous;
10        (2) the statement is contained in a printed box set
11    apart from the other contents of the communication;
12        (3) the statement is printed in bold, capital letters;
13        (4) the statement is printed with a degree of color
14    contrast between the background and the printed statement
15    that is no less than the color contrast between the
16    background and the largest text used in the communication;
17    and
18        (5) for any printed material delivered by electronic
19    means, the statement appears at both the top and the
20    bottom of the electronic mail message or both the top and
21    the bottom of the Internet website homepage.
22    (d) Each person, other than a delivery service, who mails,
23ships, or otherwise causes to be delivered a shipping package
24in connection with a delivery sale shall:
25        (1) include as part of the shipping documents a clear
26    and conspicuous statement stating: "Cigarettes or

 

 

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1    Electronic Cigarettes: Illinois Law Prohibits Shipping to
2    Individuals Under 21 and Requires the Payment of All
3    Applicable Taxes";
4        (2) use a method of mailing, shipping, or delivery
5    that requires a signature before the shipping package is
6    released to the consumer; and
7        (3) ensure that the shipping package is not delivered
8    to any post office box.
9(Source: P.A. 101-2, eff. 7-1-19; revised 4-29-19.)
 
10    (720 ILCS 678/8)
11    Sec. 8. Registration and reporting requirements to prevent
12delivery sales to persons under 21 years of age.
13    (a) Not later than the 15th day of each month, each person
14making a delivery sale during the previous calendar month
15shall file a report with the Department containing the
16following information:
17        (1) the seller's name, trade name, and the address of
18    such person's principal place of business and any other
19    place of business;
20        (2) the name and address of the consumer to whom such
21    delivery sale was made;
22        (3) the brand style or brand styles of the cigarettes
23    or electronic cigarettes that were sold in such delivery
24    sale;
25        (4) the quantity of cigarettes that were sold in such

 

 

SB0512 Enrolled- 33 -LRB102 14603 CPF 19956 b

1    delivery sale;
2        (5) an indication of whether or not the cigarettes or
3    electronic cigarettes sold in the delivery sale bore a tax
4    stamp evidencing payment of the tax under Section 2 of the
5    Cigarette Tax Act (35 ILCS 130/2); and
6        (6) such other information the Department may require.
7    (b) Each person engaged in business within this State who
8makes an out-of-state sale shall, for each individual sale,
9submit to the appropriate tax official of the state in which
10the consumer is located the information required in subsection
11(a).
12    (c) Any person that satisfies the requirements of 15
13U.S.C. Section 376 shall be deemed to satisfy the requirements
14of subsections (a) and (b).
15    (d) The Department is authorized to disclose to the
16Attorney General any information received under this title and
17requested by the Attorney General. The Department and the
18Attorney General shall share with each other the information
19received under this title and may share the information with
20other federal, State, or local agencies for purposes of
21enforcement of this title or the laws of the federal
22government or of other states.
23    (e) This Section shall not be construed to impose
24liability upon any delivery service, or officers or employees
25thereof, when acting within the scope of business of the
26delivery service.

 

 

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1    (f) The Department may establish procedures requiring
2electronic transmission of the information required by this
3Section directly to the Department on forms prescribed and
4furnished by the Department.
5(Source: P.A. 101-2, eff. 7-1-19.)
 
6    (720 ILCS 678/10)
7    Sec. 10. Violation.
8    (a) A person who violates subsection (a), (b), or (c) of
9Section 5 or Section 6, 7, 8, or 9 is guilty of a Class A
10misdemeanor. A second or subsequent violation of subsection
11(a), (b), or (c) of Section 5 or Section 6, 7, 8, or 9 is a
12Class 4 felony.
13    (b) The Department of Revenue shall impose a civil penalty
14not to exceed $5,000 on any person who violates subsection
15(a), (b), or (c) of Section 5 or Section 6, 7, 8, or 9. The
16Department of Revenue shall impose a civil penalty not to
17exceed $5,000 on any person engaged in the business of selling
18cigarettes or electronic cigarettes who ships or causes to be
19shipped any such cigarettes or electronic cigarettes to any
20person in this State in violation of subsection (d) of Section
215. Civil penalties imposed and collected by the Department
22shall be deposited into the Tax Compliance and Administration
23Fund.
24    (c) All cigarettes or electronic cigarettes sold or
25attempted to be sold in a delivery sale that does not meet the

 

 

SB0512 Enrolled- 35 -LRB102 14603 CPF 19956 b

1requirements of this Act shall be forfeited to the State. All
2cigarettes or electronic cigarettes forfeited to this State
3under this Act shall be destroyed or maintained and used in an
4undercover capacity. The Department may, prior to any
5destruction of cigarettes or electronic cigarettes, permit the
6true holder of the trademark rights in the cigarette or
7electronic cigarette brand to inspect such contraband
8cigarettes or electronic cigarettes, in order to assist the
9Department in any investigation regarding such cigarettes or
10electronic cigarettes.
11    (d) Any person aggrieved by any decision of the Department
12of Revenue may, within 60 days after notice of that decision,
13protest in writing and request a hearing. The Department of
14Revenue shall give notice to the person of the time and place
15for the hearing and shall hold a hearing before it issues a
16final administrative decision. Absent a written protest within
1760 days, the Department's decision shall become final without
18any further determination made or notice given.
19    (e) The penalties provided for in this Section are in
20addition to any other penalties provided for by law.
21(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
22    (720 ILCS 678/20)
23    Sec. 20. Tip line.
24    (a) Not later than 120 days after January 1, 2010 (the
25effective date of Public Act 95-1053 this amendatory Act of

 

 

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1the 95th General Assembly ), the Department shall establish,
2publicize, and maintain a toll-free telephone number to
3receive information related to the sale and delivery of
4contraband cigarettes or electronic cigarettes.
5    (b) The Attorney General may pay a reward of up to $5,000
6to any person who furnishes information leading to the
7Department's collection of excise taxes imposed upon delivery
8sales which otherwise would not have been collected but for
9the information provided by the person.
10(Source: P.A. 95-1053, eff. 1-1-10.)
 
11    Section 97. Severability. If any provision of this Act or
12its application to any person or circumstance is held invalid,
13the invalidity of that provision or application does not
14affect other provisions or applications of this Act that can
15be given effect without the invalid provision or application.