Full Text of HB3877 100th General Assembly
HB3877ham002 100TH GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 4/13/2018
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| 1 | | AMENDMENT TO HOUSE BILL 3877
| 2 | | AMENDMENT NO. ______. Amend House Bill 3877, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the Vapor | 6 | | Products Regulatory Act. | 7 | | Section 5. Definitions. As used in this Act: | 8 | | "Adult-only facility" means a facility or restricted area | 9 | | (whether open-air or enclosed) where the operator ensures or | 10 | | has a reasonable basis to believe (such as by checking | 11 | | identification as required under State law, or by checking the | 12 | | identification of any person appearing to be under the age of | 13 | | 27) that no person under legal age is present. A facility or | 14 | | restricted area need not be permanently restricted to persons | 15 | | under legal age to constitute an adult-only facility, provided | 16 | | that the operator ensures or has a reasonable basis to believe |
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| 1 | | that no person under legal age is present during the event or | 2 | | time period in question.
| 3 | | "Age restricted area" means a signed designated area in a | 4 | | retail establishment to which minors are not permitted access | 5 | | unless accompanied by a parent or legal guardian.
| 6 | | "Department" means the Department of Financial and | 7 | | Professional Regulation.
| 8 | | "Electronic nicotine delivery system" means a powered | 9 | | vaporizer, and any component parts of a powered vaporizer | 10 | | intended to be used in the powered vaporizer, that converts | 11 | | e-liquid into vapor which is intended for inhalation. | 12 | | "E-liquid" means a substance that contains nicotine and | 13 | | flavoring, substances, or other additives and is intended for | 14 | | use in a vapor product.
| 15 | | "Minor" means a person under 18 years of age. | 16 | | "Person" means any natural individual, firm, partnership, | 17 | | association, joint stock company, joint adventure, or public or | 18 | | private corporation, however formed, limited liability | 19 | | company, or a receiver, executor, administrator, trustee, | 20 | | conservator, or other representative appointed by order of any | 21 | | court.
| 22 | | "Records" means all data maintained by the retailer of | 23 | | vapor products, including data on paper, microfilm, | 24 | | microfiche, or any type of machine sensible data compilation.
| 25 | | "Retailer of vapor products" means any person engaged in | 26 | | the business of selling e-liquids or vapor products to |
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| 1 | | consumers in this State for use or consumption and not for | 2 | | resale in any form, for valuable consideration, regardless of | 3 | | amount, quantity, or number of sales.
"Retailer of vapor | 4 | | products" does not include any person or business subject to | 5 | | the Cigarette Tax Act, the Tobacco Products Tax Act of 1995, | 6 | | the Prevention of Tobacco Use By Minors and Sale and | 7 | | Distribution of Tobacco Products Act, the Display of Tobacco | 8 | | Products Act, or the Compassionate Use of Medical Cannabis | 9 | | Pilot Program Act. | 10 | | "Sale" means any transfer, exchange, or barter in any | 11 | | manner or by any means whatsoever for a consideration and | 12 | | includes all sales made by persons.
| 13 | | "Vapor product" means an e-liquid or electronic nicotine | 14 | | delivery system as defined under this Act.
| 15 | | Section 10. Retailer's license; fee. | 16 | | (a) On or after January 1, 2019, no person may engage in | 17 | | business as a retailer of vapor products in this State without | 18 | | first having obtained a vapor products retail license from the | 19 | | Department. Applications for a license shall be made to the | 20 | | Department, by electronic means, in a form prescribed by the | 21 | | Department. Each applicant for a license under this Section | 22 | | shall furnish to the Department, in an electronic format | 23 | | established by the Department, the following information:
| 24 | | (1) the name and address of the applicant;
| 25 | | (2) the address of the location at which the applicant |
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| 1 | | proposes to engage in business as a retailer of vapor | 2 | | products in this State;
| 3 | | (3) whether the applicant will engage in the sale of | 4 | | e-liquids, electronic nicotine delivery systems, or both; | 5 | | and
| 6 | | (4) any other additional information as the Department | 7 | | may lawfully require by its rules.
| 8 | | (b) The annual license fee payable to the Department for | 9 | | each retailer's license shall be $75. The fee shall be | 10 | | deposited into the Vapor Products Compliance Fund and shall be | 11 | | used for the cost of enforcement of this Act.
| 12 | | An applicant for a license shall pay the fee to the | 13 | | Department at the time of submitting its application for | 14 | | license to the Department. The Department shall require an | 15 | | applicant for a license under this Section to electronically | 16 | | file and pay the fee.
| 17 | | (c) The following are ineligible to receive a retailer's | 18 | | license under this Act:
| 19 | | (1) a person who has been convicted of a felony related | 20 | | to the illegal transportation, sale, or distribution of any | 21 | | age-restricted product or item, under any federal or State | 22 | | law, if the Department, after investigation and a hearing | 23 | | if requested by the applicant, determines that the person | 24 | | has not been sufficiently rehabilitated to warrant the | 25 | | public trust; | 26 | | (2) a corporation, if any officer, manager, or director |
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| 1 | | of the corporation, or any stockholder or stockholders | 2 | | owning in the aggregate more than 5% of the stock of the | 3 | | corporation, would not be eligible to receive a license | 4 | | under this Act for any reason; or | 5 | | (3) a person who has been convicted of a violation of | 6 | | the federal Trademark Act of 1946 related to the sale of | 7 | | vapor products in the United States. | 8 | | (d) The Department, upon receipt of an application and | 9 | | license fee, in proper form, from a person who is eligible to | 10 | | receive a retailer's license under this Act, shall issue to the | 11 | | applicant a license in form as prescribed by the Department, | 12 | | which license shall permit the applicant to which it is issued | 13 | | to engage in business as a retailer of vapor products under | 14 | | this Act at the place shown in his or her application. All | 15 | | licenses issued by the Department under this Section shall be | 16 | | valid for a period not to exceed one year after issuance unless | 17 | | sooner revoked, canceled, or suspended as provided in this Act. | 18 | | No license issued under this Section is transferable or | 19 | | assignable. The license shall be conspicuously displayed in the | 20 | | place of business conducted by the licensee in this State under | 21 | | the license. A person who obtains a license as a retailer of | 22 | | vapor products who ceases to do business as specified in the | 23 | | license, or who never commenced business, or whose license is | 24 | | suspended or revoked, shall immediately surrender the license | 25 | | to the Department. The Department shall not issue a license to | 26 | | a retailer of vapor products unless the retailer of vapor |
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| 1 | | products is also validly registered under the Retailers' | 2 | | Occupation Tax Act. A person who obtains a license as a | 3 | | retailer of vapor products who ceases to do business as | 4 | | specified in the license, or who never commenced business, or | 5 | | whose license is suspended or revoked, shall immediately | 6 | | surrender the license to the Department.
| 7 | | (e) Any person aggrieved by any decision of the Department | 8 | | under this Section may, within 30 days after notice of the | 9 | | decision, protest and request a hearing. Upon receiving a | 10 | | request for hearing, the Department shall give written notice | 11 | | to the person requesting the hearing of the time and place | 12 | | fixed for the hearing and shall hold a hearing in conformity | 13 | | with the provisions of this Act and then issue its final | 14 | | administrative decision in the matter to that person. In | 15 | | absence of protest and request for a hearing within 30 days, | 16 | | the Department's decision shall become final without any | 17 | | further determination being made or notice given.
| 18 | | Section 20. Acting as a retailer of vapor products without | 19 | | a license; penalty. A person who knowingly acts as a retailer | 20 | | of vapor products in this State without first having obtained a | 21 | | license to do so in compliance with this Act is guilty of a | 22 | | Class A misdemeanor for the first offense and a Class 4 felony | 23 | | for a second or subsequent offense. Each day the person | 24 | | operates as a retailer of vapor products without a license | 25 | | constitutes a separate offense. The Department may, by |
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| 1 | | application to any circuit court, obtain an injunction | 2 | | restraining any person who engages in business as a retailer of | 3 | | vapor products without a license (either because his or her | 4 | | license has been revoked, canceled, or suspended or because of | 5 | | a failure to obtain a license in the first instance) from | 6 | | engaging in that business until that person, as if that person | 7 | | were a new applicant for a license, complies with all of the | 8 | | conditions, restrictions, and requirements of this Act and | 9 | | qualifies for and obtains a license. | 10 | | Section 25. Revocation, cancellation, or suspension of a | 11 | | retail license. | 12 | | (a) The Department may, after notice and hearing, revoke, | 13 | | cancel, or suspend the license of any retailer of vapor | 14 | | products for the violation of any provision of this Act, or for | 15 | | noncompliance with any provision of this Act, or for any | 16 | | noncompliance with any lawful rule adopted by the Department | 17 | | under this Act, or because the licensee is determined to be | 18 | | ineligible for a license for any one or more of the reasons | 19 | | provided in this Section.
| 20 | | (b) A person aggrieved by any decision of the Department | 21 | | under this Section may, within 30 days after notice of the | 22 | | decision, protest and request a hearing. Upon receiving a | 23 | | request for a hearing, the Department shall give notice to the | 24 | | person requesting the hearing of the time and place fixed for | 25 | | the hearing and shall hold a hearing in conformity with the |
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| 1 | | provisions of this Act and then issue its final administrative | 2 | | decision in the matter to that person. In the absence of a | 3 | | protest and request for a hearing within 30 days, the | 4 | | Department's decision shall become final without any further | 5 | | determination being made or notice given.
The final decisions | 6 | | of the Department shall be subject to judicial review according | 7 | | to the provisions of the Administrative Review Law. | 8 | | (c) If the retailer of vapor products has a training | 9 | | program that facilitates compliance with minimum-age vapor | 10 | | products laws, the Department shall suspend for 3 days the | 11 | | license of that retailer of vapor products for a fourth or | 12 | | subsequent violation of subsection (a) or (b) of Section 50. | 13 | | For the purposes of this Section, any violation of Section 50 | 14 | | occurring at the licensed location for the retailer of vapor | 15 | | products during a 24-month period shall be counted as a | 16 | | violation against the retailer of vapor products.
| 17 | | If the retailer of vapor products does not have a training | 18 | | program that facilitates compliance with minimum-age vapor | 19 | | products laws, the Department shall suspend for 3 days the | 20 | | license of that retailer of vapor products for a second | 21 | | violation of subsection (a) or (b) of Section 50.
| 22 | | If the retailer of vapor products does not have a training | 23 | | program that facilitates compliance with minimum-age vapor | 24 | | products laws, the Department shall suspend for 7 days the | 25 | | license of that retailer of vapor products for a third | 26 | | violation of subsection (a) or (b) of Section 50.
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| 1 | | If the retailer of vapor products does not have a training | 2 | | program that facilitates compliance with minimum-age vapor | 3 | | products laws, the Department shall suspend for 30 days the | 4 | | license of a retailer of vapor products for a fourth or | 5 | | subsequent violation of subsection (a) or (b) of Section 50.
| 6 | | Section 30. Vapor product labeling and safety. Any e-liquid | 7 | | container sold by a retailer in this State shall: | 8 | | (1) use childproof caps that have the child-resistant | 9 | | effectiveness set forth in the federal prevention | 10 | | packaging standards at 16 C.F.R. 1700.15(b)(1); and | 11 | | (2) contain a label that meets the requirements set | 12 | | forth in 21 C.F.R. 1143.3. | 13 | | Section 35. Peace officer investigation. | 14 | | (a) Whenever any peace officer of the State shall have | 15 | | reason to believe that any violation of this Act has occurred | 16 | | and that the person so violating the Act has in his, hers, or | 17 | | its possession any vapor product, or any vending device | 18 | | containing the vapor products, he or she may file or cause to | 19 | | be filed his or her complaint in writing, verified by | 20 | | affidavit, with any court within whose jurisdiction the | 21 | | premises to be searched are situated, stating the facts upon | 22 | | which the belief is founded, the premises to be searched, and | 23 | | the property to be seized, and procure a search warrant and | 24 | | execute the warrant.
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| 1 | | (b) Upon the execution of the search warrant, the peace | 2 | | officer executing the search warrant shall make due return of | 3 | | the warrant to the court issuing the warrant, together with an | 4 | | inventory of the property taken under the warrant. The court | 5 | | shall then issue process against the owner of the property if | 6 | | he is known; otherwise, the process shall be issued against the | 7 | | person in whose possession the property so taken is found, if | 8 | | the person is known. In case of inability to serve the process | 9 | | upon the owner or the person in possession of the property at | 10 | | the time of its seizure, notice of the proceedings before the | 11 | | court shall be given as required by the statutes of the State | 12 | | governing cases of attachment. Upon the return of the process | 13 | | duly served or upon the posting or publishing of notice made, | 14 | | the court or jury, if a jury shall be demanded, shall proceed | 15 | | to determine whether or not the property so seized was held or | 16 | | possessed in violation of this Act, or whether, if a vending | 17 | | device has been so seized, it contained at the time of its | 18 | | seizure any vapor products held or possessed in violation of | 19 | | this Act.
| 20 | | Section 40. Destruction or use of forfeited property. When | 21 | | any vapor product or any vending device shall have been | 22 | | declared forfeited to the State and all proceedings for | 23 | | judicial review have terminated, the Department shall destroy | 24 | | or maintain and allow the use of the property in an undercover | 25 | | capacity. |
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| 1 | | Section 45. Retailers; records. | 2 | | (a) A retailer of vapor products who is required to procure | 3 | | a license under this Act shall keep within this State complete | 4 | | and accurate records of vapor products purchased, sold, or | 5 | | otherwise disposed of and shall preserve and keep all invoices, | 6 | | bills of lading, sales records, and copies of bills of sale, | 7 | | returns, and other pertinent papers and documents relating to | 8 | | the purchase, sale, or disposition of vapor products. The | 9 | | records need not be maintained on the licensed premises, but | 10 | | must be maintained in this State; however, if access is | 11 | | available electronically, the records may be maintained | 12 | | out-of-State. However, all original invoices or copies of | 13 | | invoices covering purchases of vapor products must be retained | 14 | | on the licensed premises for a period of 90 days after the | 15 | | purchase, unless the Department has granted a waiver in | 16 | | response to a written request in cases where records are kept | 17 | | at a central business location within this State or in cases | 18 | | where records that are available electronically are maintained | 19 | | out-of-State. The Department shall adopt rules regarding the | 20 | | eligibility for a waiver, revocation of a waiver, and | 21 | | requirements and standards for maintenance and accessibility | 22 | | of records located at a central location out-of-State under a | 23 | | waiver provided under this Section. | 24 | | (b) Records shall be preserved for a period of at least 3 | 25 | | years after the later of the date of the records or the date of |
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| 1 | | the entries appearing in the records, unless the Department, in | 2 | | writing, authorizes their destruction or disposal at an earlier | 3 | | date. At all times during the usual business hours of the day, | 4 | | any duly authorized agent or employee of the Department may | 5 | | enter any place of business of the retailer of vapor products | 6 | | without a search warrant and may inspect the premises to | 7 | | determine whether any of the provisions of this Act are being | 8 | | violated. If the agent or employee is denied free access or is | 9 | | hindered or interfered with in making the examination as | 10 | | provided in this Section, the license of the retailer of vapor | 11 | | products shall be subject to suspension or revocation by the | 12 | | Department.
| 13 | | Section 50. Distribution of vapor products to, and | 14 | | possession by, minors prohibited. | 15 | | (a) A person, either directly or indirectly by an agent or | 16 | | employee, or by a vending machine owned by the person or | 17 | | located in the person's establishment, may not sell, offer for | 18 | | sale, give, or furnish any vapor product to a minor.
| 19 | | (b) Before selling, offering for sale, giving, or | 20 | | furnishing a vapor product to another person, the person | 21 | | selling, offering for sale, giving, or furnishing the vapor | 22 | | product shall verify that the person is at least 18 years of | 23 | | age by:
| 24 | | (1) examining from any person that appears to be
under | 25 | | 27 years of age a government-issued photographic |
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| 1 | | identification that establishes the person is at least 18 | 2 | | years of age; or
| 3 | | (2) for sales made through the Internet or other
remote | 4 | | sales methods, performing an age verification through an | 5 | | independent, third-party age verification service that | 6 | | compares information available from public records to the | 7 | | personal information entered by the person during the | 8 | | ordering process that establishes the person is 18 years of | 9 | | age or older.
| 10 | | (c) A minor shall not possess a vapor product.
| 11 | | Section 55. Penalties for distribution of vapor products | 12 | | to, and possession by, minors. | 13 | | (a) Any person who violates subsection (a) or (b) of | 14 | | Section 50 is guilty of a petty offense. For the first offense | 15 | | in a 24-month period, the person shall be fined $200 if his or | 16 | | her employer has a training program that facilitates compliance | 17 | | with minimum-age vapor product laws. For the second offense in | 18 | | a 24-month period, the person shall be fined $400 if his or her | 19 | | employer has a training program that facilitates compliance | 20 | | with minimum-age vapor products laws. For the third offense in | 21 | | a 24-month period, the person shall be fined $600 if his or her | 22 | | employer has a training program that facilitates compliance | 23 | | with minimum-age vapor product laws. For the fourth or | 24 | | subsequent offense in a 24-month period, the person shall be | 25 | | fined $800 if his or her employer has a training program that |
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| 1 | | facilitates compliance with minimum-age vapor products laws. | 2 | | For the purposes of this subsection, the 24-month period shall | 3 | | begin with the person's first violation of the Act. The | 4 | | penalties in this subsection are in addition to any other | 5 | | penalties provided by law.
| 6 | | (a-5) Any retailer of vapor products who violates | 7 | | subsection (a) or (b) of Section 50 is guilty of a petty | 8 | | offense. For the first offense in a 24-month period, the | 9 | | retailer of vapor products shall be fined $200 it does not have | 10 | | a training program that facilitates compliance with | 11 | | minimum-age vapor product laws. For the second offense in a | 12 | | 24-month period, the retailer of vapor products shall be fined | 13 | | $400 if it does not have a training program that facilitates | 14 | | compliance with minimum-age vapor products laws. For the third | 15 | | offense in a 24-month period, the retailer of vapor products | 16 | | shall be fined $600 if it does not have a training program that | 17 | | facilitates compliance with minimum-age vapor product laws. | 18 | | For the fourth or subsequent offense in a 24-month period, the | 19 | | retailer of vapor products shall be fined $800 if it does not | 20 | | have a training program that facilitates compliance with | 21 | | minimum-wage vapor products laws. For the purposes of this | 22 | | subsection, the 24-month period shall begin with the person's | 23 | | first violation of the Act. The penalties in this subsection | 24 | | are in addition to any other penalties provided by law.
| 25 | | (a-10) A training program that facilitates compliance with | 26 | | minimum-age vapor products laws must include at least the |
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| 1 | | following elements: (i) it must explain that only individuals | 2 | | displaying valid identification demonstrating that they are 18 | 3 | | years of age or older shall be eligible to purchase vapor | 4 | | products; and (ii) it must explain where a clerk can check | 5 | | identification for a date of birth. The training may be | 6 | | conducted electronically. Each retailer of vapor products that | 7 | | has a training program shall require each employee who | 8 | | completes the training program to sign a form attesting that | 9 | | the employee has received and completed the vapor products | 10 | | training. The form shall be kept in the employee's file and may | 11 | | be used to provide proof of training. | 12 | | (b) If a minor violates subsection (c) of Section 50, he or | 13 | | she is guilty of a petty offense and the court may impose a | 14 | | sentence of 25 hours of community service and a fine of $50 for | 15 | | a first violation.
| 16 | | (c) A second violation by a minor of subsection (c) of | 17 | | Section 50 that occurs within 12 months after the first | 18 | | violation is punishable by a fine of $75 and 50 hours of | 19 | | community service.
| 20 | | (d) A third or subsequent violation by a minor of | 21 | | subsection (c) of Section 50 that occurs within 12 months after | 22 | | the first violation is punishable by a $200 fine and 50 hours | 23 | | of community service.
| 24 | | (e) Any second or subsequent violation not within the | 25 | | 12-month time period after the first violation is punishable as | 26 | | provided for a first violation.
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| 1 | | (f) If a minor is convicted of or placed on supervision for | 2 | | a violation of subsection (c) of Section 50, the court may, in | 3 | | its discretion, and upon recommendation by the State's Attorney | 4 | | order that minor and his or her parents or legal guardian to | 5 | | attend a youth diversion program if that program is available | 6 | | in the jurisdiction where the offender resides. Attendance at a | 7 | | youth diversion program shall be time-credited against any | 8 | | community service time imposed for any first violation of | 9 | | subsection (c) of Section 50. In addition to any other penalty | 10 | | that the court may impose for a violation of subsection (c) of | 11 | | Section 50, the court, upon request by the State's Attorney, | 12 | | may in its discretion require the offender to remit a fee for | 13 | | his or her attendance at a youth diversion program.
| 14 | | For the purposes of this Section, a "youth diversion | 15 | | program" includes, but is not limited to, a seminar designed to | 16 | | educate a person on the physical and psychological effects of | 17 | | using nicotine products and the health consequences of using | 18 | | nicotine products that can be conducted with a locality's youth | 19 | | diversion program.
| 20 | | (g) All moneys collected as fines for violations of Section | 21 | | (a), (b), or (c) of Section 50 of this Act shall be distributed | 22 | | in the following manner: | 23 | | (1) one-half of each fine shall be distributed to the | 24 | | unit of local government or other entity that successfully | 25 | | prosecuted the offender; and
| 26 | | (2) one-half shall be remitted to the State to be used |
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| 1 | | for enforcement of this Act.
| 2 | | Any violation of subsection (a) or (b) of Section 50 shall | 3 | | be reported to the Department within 7 business days.
| 4 | | Section 60. Display of vapor products. | 5 | | (a) Vapor product displays. All vapor products must be sold | 6 | | from behind the counter or in an age restricted area or in a | 7 | | sealed display case.
| 8 | | (b) The restrictions in this Section do not apply to an | 9 | | adult-only facility.
| 10 | | (c) The restrictions in this Section do not apply to a | 11 | | retail store that (i) derives at least 90% of its revenue from | 12 | | tobacco, tobacco related products, or vapor products; (ii) does | 13 | | not permit persons under the age of 18 to enter the premises | 14 | | unless accompanied by a parent or legal guardian; (iii) posts a | 15 | | sign on the main entrance way stating that persons under the | 16 | | age of 18 are prohibited from entering unless accompanied by a | 17 | | parent or legal guardian; or (iv) is subject to the Cigarette | 18 | | Tax Act, the Tobacco Products Tax Act of 1995, the Prevention | 19 | | of Tobacco Use By Minors and Sale and Distribution of Tobacco | 20 | | Products Act, or the Display of Tobacco Products Act.
| 21 | | (d) A violation of this Section is a petty offense for | 22 | | which the court shall impose a fine of not less than $100 nor | 23 | | more than $1,000. | 24 | | Section 900. The Prevention of Tobacco Use by
Minors and |
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| 1 | | Sale and Distribution of Tobacco Products Act is amended by | 2 | | changing Section 1.5 as follows: | 3 | | (720 ILCS 675/1.5) | 4 | | Sec. 1.5. Distribution of alternative nicotine products to | 5 | | persons under 18 years of age prohibited. | 6 | | (a) For the purposes of this Section, "alternative nicotine | 7 | | product" means a product or device not consisting of or | 8 | | containing tobacco that provides for the ingestion into the | 9 | | body of nicotine, whether by chewing, smoking, absorbing, | 10 | | dissolving, inhaling, snorting, sniffing, or by any other | 11 | | means. "Alternative nicotine product" excludes cigarettes, | 12 | | smokeless tobacco, or other tobacco products as these terms are | 13 | | defined in Section 1 of this Act , vapor products as defined | 14 | | under Section 5 of the Vapor Products Regulatory Act, and any | 15 | | product approved by the United States Food and Drug | 16 | | Administration as a non-tobacco product for sale as a tobacco | 17 | | cessation product, as a tobacco dependence product, or for | 18 | | other medical purposes, and is being marketed and sold solely | 19 | | for that approved purpose. | 20 | | (b) A person, either directly or indirectly by an agent or | 21 | | employee, or by a vending machine
owned by the person or | 22 | | located in the person's establishment, may not sell, offer for | 23 | | sale, give,
or furnish any alternative nicotine product, or any | 24 | | cartridge or component of an alternative nicotine product, to a | 25 | | person under 18 years of age. |
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| 1 | | (c) Before selling, offering for sale, giving, or | 2 | | furnishing an alternative nicotine product, or any cartridge
or | 3 | | component of an alternative nicotine product, to another | 4 | | person, the person selling, offering for sale, giving, or | 5 | | furnishing the alternative nicotine product shall verify that | 6 | | the
person is at least 18 years of age by: | 7 | | (1) examining from any person that appears to
be under | 8 | | 27 years of age a government-issued photographic | 9 | | identification that establishes
the person is at least 18 | 10 | | years of age or | 11 | | (2) for sales made through the Internet or other
remote | 12 | | sales methods, performing an age verification through an | 13 | | independent, third-party
age verification service that | 14 | | compares information available from public records to the
| 15 | | personal information entered by the person during the | 16 | | ordering process that establishes
the person is 18 years of | 17 | | age or older.
| 18 | | (d) A person under 18 years of age shall not possess an | 19 | | alternative nicotine product. | 20 | | (Source: P.A. 99-496, eff. 6-1-16; 100-201, eff. 8-18-17.) | 21 | | Section 905. The State Finance Act is amended by adding | 22 | | Section 5.886 as follows: | 23 | | (30 ILCS 105/5.886 new) | 24 | | Sec. 5.886. The Vapor Products Compliance Fund.
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| 1 | | Section 999. Effective date. This Act takes effect January | 2 | | 1, 2019.".
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