Illinois General Assembly - Full Text of SB2950
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Full Text of SB2950  97th General Assembly


Rep. Elaine Nekritz

Filed: 5/4/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 2950 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Toxin-Free Toddler Act.
6    Section 5. Definitions.
7    "Child" means any person who is less than 3 years of age.
8    "Children's food or beverage container" means an empty
9bottle or cup to be filled with food or liquid that is designed
10or intended by a manufacturer to be used by a child.
11    "Manufacturer" means any person who makes and places a
12children's food or beverage container into the stream of
14    "Retailer" means any person other than a manufacturer,
15distributor, or wholesaler who sells at retail children's food
16or beverage containers. "Sell at retail" has the same meaning



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1as provided under Section 1 of the Retailers' Occupation Tax
3    "Wholesaler" means any person, other than a manufacturer or
4retailer, who sells or resells or otherwise places a children's
5food or beverage container into the stream of commerce.
6    Section 10. Prohibit Bisphenol A in children's food or
7beverage containers.
8    (a) Beginning January 1, 2013, a manufacturer or wholesaler
9may not sell or offer for sale in this State a children's food
10or beverage container that contains bisphenol A.
11    (b) Beginning January 1, 2014, a retailer may not knowingly
12sell or offer for sale in this State a children's food or
13beverage container that contains bisphenol A.
14    (c) This Section does not apply to the sale of a used
15children's food or beverage container.
16    Section 15. Enforcement.
17    (a) The Attorney General may bring an action in the name of
18the People of the State of Illinois to enforce the provisions
19of this Act in the circuit court of any county in which a
20violation occurs.
21    (b) When (i) it appears to the Attorney General that a
22manufacturer, wholesaler, or retailer has engaged in or is
23engaging in any practice declared to be in violation of this
24Act, or (ii) the Attorney General receives a written complaint



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1from a consumer of the commission of a practice declared to be
2in violation of this Act, or (iii) the Attorney General
3believes it to be in the public interest that an investigation
4should be made to ascertain whether a person in fact has
5engaged in or is engaging in any practice declared to be in
6violation of this Act, the Attorney General may:
7        (1) Require that person to file, on terms that the
8    Attorney General prescribes, a statement or report in
9    writing under oath or otherwise, as to all information the
10    Attorney General considers necessary.
11        (2) Examine under oath any person in connection with
12    the conduct of any trade or commerce.
13        (3) Examine any merchandise or sample thereof, record,
14    book, document, account, or paper the Attorney General
15    considers necessary.
16        (4) Pursuant to an order of the circuit court, impound
17    any record, book, document, account, paper, or sample of a
18    children's food or beverage container, and retain it in the
19    Attorney General's possession until the completion of all
20    proceedings in connection with which it is produced.
21    (c) In the administration of this Act, the Attorney General
22may accept an assurance of voluntary compliance with respect to
23any practice deemed to be a violation of this Act from any
24manufacturer, wholesaler, or retailer who has engaged in or is
25engaging in that practice. Evidence of the violation of an
26assurance of voluntary compliance shall be prima facie evidence



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1of a violation of this Act in any subsequent proceeding brought
2by the Attorney General against the alleged violator with
3regard to the specific violation or violations addressed in the
4assurance of voluntary compliance.
5    (d) Whenever the Attorney General has reason to believe
6that any manufacturer, wholesaler, or retailer has engaged in
7or is engaging in any practice in violation of this Act and
8that proceedings would be in the public interest, he or she may
9bring an action in the name of the People of the State against
10that manufacturer, wholesaler, or retailer to restrain by
11preliminary or permanent injunction the use of that practice.
12    (e) Civil penalties paid under Section 20 shall be
13deposited into the Attorney General Court Ordered and Voluntary
14Compliance Payment Projects Fund. Moneys in the Fund shall be
15used, subject to appropriation, for the performance of any
16function pertaining to the exercise of the duties of the
17Attorney General, including, but not limited to, enforcement of
18any law of this State and conducting public education programs.
19Any moneys in the Fund that are required by the court or by an
20agreement to be used for a particular purpose must be used for
21that purpose, however.
22    Section 20. Penalties. A manufacturer, retailer, or
23wholesaler who violates this Act is subject to a civil penalty
24in an amount not to exceed $200 for each day that the violation



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1    Section 98. Repeal. This Act shall be repealed if the
2United States Food and Drug Administration promulgates a final
3rule amending its food additive regulations in order to
4prohibit the use of polycarbonate resins in infant feeding
5bottles and spill-proof cups.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".