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1    AN ACT concerning regulation.
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
5Tobacco Products Compliance Act.
6    Section 5. Definitions. As used in this Act:
7    "Person" means any individual, corporation, partnership,
8firm, organization or association.
9    "Tobacco product" means any product made or derived from
10tobacco, any product containing tobacco, or any product
11intended for or traditionally used with tobacco, including
12papers, wraps, tubes, and filters. A product of a type that
13has, in the past, been used in conjunction with tobacco or
14nicotine use will be deemed a "tobacco product" regardless of
15any labeling or descriptive language on such product stating
16that the product is not intended for use with tobacco or for
17non-tobacco use only or other similar language.
18    Section 10. Compliance reports. Any person who
19manufactures any tobacco product in the State for distribution
20or sale in the United States shall be required to provide
21annually, by June 1, 2020 and by June 1 of each year
22thereafter, a written certification, including supporting



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1evidence and documentation, of such person's compliance with
2Sections 903, 904, 905, and 920 of the federal Family Smoking
3Prevention and Tobacco Control Act to the Illinois Department
4of Public Health. Such person will also be required to provide,
5for each tobacco product manufactured, sold, or distributed by
6the person (including all tobacco products manufactured in the
7State by the person and all other tobacco products sold or
8distributed by the person) written evidence and documentation
9that each such tobacco product, as required by the Tobacco
10Control Act, is one of the following: (i) "grandfathered" (that
11is, first introduced into interstate commerce for commercial
12distribution in the United States on or before February 15,
132007); (ii) "provisional" (that is, first introduced into
14interstate commerce for commercial distribution in the United
15States between February 15, 2007 and March 22, 2011, and for
16which a substantial equivalence report was submitted to the FDA
17by March 22, 2011); or (iii) determined to be "substantially
18equivalent" (that is, is the subject of a marketing
19authorization order from the FDA after review of a premarket
20submission intended to demonstrate substantial equivalence).
21    Section 15. Private right of action. To enforce against a
22violation of the Act or any rule adopted under this Act by any
23local government or political subdivision as described in this
24Act, any interested party may file suit in circuit court in the
25county where the alleged violation occurred or where any person



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1who is a party to the action resides. Actions may be brought by
2one or more persons for and on behalf of themselves and other
3persons similarly situated. If the interested party prevails in
4its enforcement action, it will be entitled to recover damages
5of 3 times its attorney's fees and costs, and, in addition, the
6court or other adjudicating body, at its discretion, may assess
7punitive damages for any wanton or flagrant violation of the
9    Section 20. Rulemaking. The Department of Public Health
10shall adopt rules for the administration and enforcement of
11this Act.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.