Illinois General Assembly - Full Text of HB1269
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Full Text of HB1269  97th General Assembly




State of Illinois
2011 and 2012


Introduced 02/08/11, by Rep. Elaine Nekritz


New Act
30 ILCS 105/5.786 new

    Creates the BPA-Free Kids Act. Beginning June 1, 2012, prohibits the sale or distribution of reusable children's food or beverage containers that contain bisphenol-A. Beginning June 1, 2016, prohibits the sale or distribution of infant formula or baby food that is stored in a can, jar, or plastic container that contains bisphenol-A. Authorizes the Illinois Environmental Protection Agency and the Illinois Department of Public Health to participate in an interstate chemical safety clearinghouse. Requires certain notifications and imposes penalties. Provides for enforcement by the Attorney General. Defines "Agency", "baby food", "Department", "infant formula", "manufacturer", "person", and "reusable food or beverage container".

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1    AN ACT concerning safety.
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
5BPA-Free Kids Act.
6    Section 5. Legislative findings. The General Assembly
7finds that:
8    (a) The incidence of some diseases and disorders that have
9been linked to chemical exposures is on the rise.
10    (b) The metabolism, physiology, and exposure patterns of
11developing fetuses, infants, and children to toxic chemicals
12differ from those of adults, which makes children more
13vulnerable than adults to the harmful effects of exposure to
14some synthetic chemicals.
15    (c) Unlike pharmaceuticals and pesticides, manufacturers
16of most chemical substances are not required under current law
17to supply human or environmental toxicity information before
18selling their products to the public. Consequently, the vast
19majority of chemicals used in consumer products have never had
20any federal or state government review to evaluate potential
21toxicity to the environment, infants, children, developing
22fetuses, or adults.
23    (d) To protect children's health, it is important to reduce



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1or eliminate exposures to certain chemicals that are present in
2children's products or that may be reasonably anticipated to
3result in children's exposure or be placed in the mouths of
5    Section 10. Definitions.
6    "Agency" means the Illinois Environmental Protection
8    "Baby food" means a prepared solid food consisting of a
9soft paste or an easily chewed food that is intended for
10consumption by children 2 years of age or younger and is
11commercially available.
12    "Department" means the Illinois Department of Public
14    "Infant formula" means a milk-based or soy-based powder,
15concentrated liquid, or ready-to-feed substitute for human
16breast milk, which is intended for infant consumption and is
17commercially available.
18    "Manufacturer" means a person who manufactured a final
19product or whose brand name is affixed to a product. In the
20case of a product that was imported into the United States,
21"manufacturer" includes the importer or domestic distributor
22of the product if the person who manufactured or assembled the
23product or whose brand name is affixed to it does not have a
24presence in the United States.
25    "Person" means any individual, partnership,



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1co-partnership, firm, company, limited liability company,
2corporation, association, joint stock company, trust, estate,
3political subdivision, state agency, or any other legal entity,
4or his, her, or its legal representative, agent, or assigns.
5    Section 15. Bisphenol-A ban.
6    (a) Beginning June 1, 2012, no person shall sell, offer to
7sell, distribute, or offer to distribute any reusable
8children's food or beverage container, including any baby
9bottle or sippy cup, that contains bisphenol-A if that
10container (i) is designed, intended, or marketed to be filled
11with any food or beverage primarily for consumption by children
123 years of age or younger and (ii) is sold or distributed at
13retail without containing any liquid, food, or beverage.
14    (b) Beginning June 1, 2016, no person shall sell, offer to
15sell, distribute, or offer to distribute any infant formula or
16baby food that is stored in a can, jar, or plastic container
17that contains bisphenol-A.
18    Section 20. Interstate clearinghouse. The Agency and the
19Department are authorized to participate, along with other
20states and governmental entities, in an interstate
21clearinghouse to promote safer chemicals in consumer products.
22The Agency and Department may cooperate with the interstate
23clearinghouse to (i) organize and manage available data on
24chemicals, including information on uses, hazards,



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1environmental concerns, safer alternatives, and model policies
2and programs, (ii) provide technical assistance regarding
3chemical safety to businesses, consumers, and policy makers,
4and (iii) undertake other activities in support of State
5programs to promote chemical safety.
6    Section 25. Implementation and exemption.
7    (a) Manufacturers and wholesalers of products restricted
8under Section 15 of this Act must, no less than 90 days before
9the effective date of such a restriction, notify persons to
10whom they sell a restricted product about the provisions of
11this Act.
12    (b) A retailer who unknowingly sells a product that is
13restricted from sale under this Act is not liable under this
15    Section 30. Enforcement and penalties.
16    (a) The Attorney General is responsible for administering
17and ensuring compliance with this Act, including the
18development and adoption of any rules, if necessary, for the
19implementation and enforcement of this Act.
20    (b) The Attorney General shall develop and implement a
21process for receiving and handling complaints from individuals
22regarding possible violations of this Act.
23    (c) The Attorney General may conduct any investigation
24deemed necessary regarding possible violations of this Act



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1including, without limitation, the issuance of subpoenas to:
2(i) require the filing of a statement or report or answer
3interrogatories in writing as to all information relevant to
4the alleged violations; (ii) examine under oath any person who
5possesses knowledge or information directly related to the
6alleged violations; and (iii) examine any record, book,
7document, account, or paper necessary to investigate the
8alleged violation.
9    (d) Service by the Attorney General of any notice requiring
10a person to file a statement or report, or of a subpoena upon
11any person, shall be made:
12        (1) personally by delivery of a duly executed copy
13    thereof to the person to be served or, if a person is not a
14    natural person, in the manner provided in the Code of Civil
15    Procedure when a complaint is filed; or
16        (2) by mailing by certified mail a duly executed copy
17    thereof to the person to be served at his or her last known
18    abode or principal place of business within this State.
19    (e) In lieu of a civil action, the individual or entity
20alleged to have engaged in a pattern or practice deemed
21violative of this Act may enter into an Assurance of Voluntary
22Compliance with respect to the alleged pattern or practice
24    (f) If the Attorney General determines that there is a
25reason to believe that a violation of the Act has occurred, the
26Attorney General may bring an action in the name of the People



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1of the State to obtain temporary, preliminary, or permanent
2injunctive relief for any act, policy, or practice that
3violates this Act.
4    (g) If any person fails or refuses to file any statement or
5report, or obey any subpoena, issued pursuant to subsection (c)
6of this Section, the Attorney General may proceed to initiate a
7civil action pursuant to subsection (f) of this Section, or
8file a complaint in the circuit court for the granting of
9injunctive relief, including restraining the conduct that is
10alleged to violate this Act until the person files the
11statement or report, or obeys the subpoena.
12    (h) Relief that may be granted.
13        (1) In any civil action brought pursuant to subsection
14    (f) of this Section, the Attorney General may obtain as a
15    remedy, equitable relief (including any permanent or
16    preliminary injunction, temporary restraining order, or
17    other order, including an order enjoining the defendant
18    from engaging in a violation or ordering any action as may
19    be appropriate). In addition, the Attorney General may
20    request and the Court may impose a civil penalty in an
21    amount not to exceed $50,000 for each violation. For
22    purposes of this subsection, each item and each standard
23    constitutes a separate violation.
24        (2) A civil penalty imposed or a settlement or other
25    payment made pursuant to this Act shall be made payable to
26    the Attorney General's State Projects and Court Ordered



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1    Distribution Fund, which is created as a special fund in
2    the State treasury. Moneys in the Fund shall be used,
3    subject to appropriation, for the performance of any
4    function pertaining to the exercise of the duties of the
5    Attorney General including but not limited to enforcement
6    of any law of this State, product testing, and conducting
7    public education programs.
8        (3) Any funds collected under this Section in an action
9    in which the State's Attorney has prevailed shall be
10    retained by the county in which he or she serves.
11    (i) The penalties and injunctions provided in this Act are
12in addition to any penalties, injunctions, or other relief
13provided under any other law. Nothing in this Act shall bar a
14cause of action by the State for any other penalty, injunction,
15or relief provided by any other law.
16    Section 90. The State Finance Act is amended by adding
17Section 5.786 as follows:
18    (30 ILCS 105/5.786 new)
19    Sec. 5.786. The Attorney General's State Projects and Court
20Ordered Distribution Fund.