Illinois General Assembly - Full Text of SB0664
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Full Text of SB0664  101st General Assembly


Sen. John G. Mulroe

Filed: 4/9/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 664 by replacing
3everything after the enacting clause with the following:
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, filters, e-cigarettes, vapor devices,
13and liquids used in e-cigarettes and vapor devices. A product
14otherwise meeting the definition of a tobacco product will be
15deemed a "tobacco product" regardless of any labeling or
16descriptive language on such product stating that the product



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1is not intended for use with tobacco or for non-tobacco use
2only or other similar language.
3    Section 10. Compliance reports. Any person, including any
4repacker or relabeler, who manufactures, fabricates,
5assembles, processes, or labels a tobacco product, or imports a
6finished tobacco product for sale or distribution in the United
7States, located in or having a place of business in the State,
8shall be required to provide annually, by June 1, 2020 and by
9June 1 of each year thereafter, written evidence and
10documentation of its compliance with Sections 903, 904, 905,
11and 920 of the federal Family Smoking Prevention and Tobacco
12Control Act of 2009 to the Department of Public Health and the
13Department of Revenue.
14    This written documentation shall provide a true and
15accurate written certification stating the person's compliance
16with Sections 903, 904, 905, and 920 of the federal Family
17Smoking Prevention and Tobacco Control Act of 2009, and shall
18be accompanied by written evidence for each tobacco product
19manufactured, sold, or distributed by the person: (i) that the
20tobacco product is a "grandfathered" product that was
21commercially marketed in the United States as of February 15,
222007; (ii) that the tobacco product was marketed after February
2315, 2007, but before March 22, 2011, and the tobacco product
24manufacturer submitted a 905(j) substantial equivalence report
25for the product by March 22, 2011 and has not received a Not



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1Substantially Equivalent order from the United States Food and
2Drug Administration; or (iii) that the person received a
3receipt of a marketing authorization order from the United
4States Food and Drug Administration after review of a premarket
5submission intended to demonstrate substantial equivalence
6under Section 905(j) of the federal Family Smoking Prevention
7and Tobacco Control Act of 2009.
8    Section 15. Private right of action. To enforce against a
9violation of the Act or any rule adopted under this Act by any
10local government or political subdivision as described in this
11Act, any interested party may file suit in circuit court in the
12county where the alleged violation occurred or where any person
13who is a party to the action resides. Actions may be brought by
14one or more persons for and on behalf of themselves and other
15persons similarly situated. If the interested party prevails in
16its enforcement action, it will be entitled to recover damages
17of 3 times its attorney's fees and costs, and, in addition, the
18court or other adjudicating body, at its discretion, may assess
19punitive damages for any wanton or flagrant violation of the
21    Section 20. Rulemaking. The Department of Public Health and
22the Department of Revenue shall jointly adopt rules for the
23administration and enforcement of this Act.



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".