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


Sen. John G. Mulroe

Filed: 4/24/2019





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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, 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



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1non-tobacco use only or other similar language.
2    Section 10. Compliance reports. Any person who
3manufactures any tobacco product in the State for distribution
4or sale in the United States shall be required to provide
5annually, by June 1, 2020 and by June 1 of each year
6thereafter, a written certification, including supporting
7evidence and documentation, of such person's compliance with
8Sections 903, 904, 905, and 920 of the federal Family Smoking
9Prevention and Tobacco Control Act to the Illinois Department
10of Public Health. Such person will also be required to provide,
11for each tobacco product manufactured, sold, or distributed by
12the person (including all tobacco products manufactured in the
13State by the person and all other tobacco products sold or
14distributed by the person) written evidence and documentation
15that each such tobacco product, as required by the Tobacco
16Control Act, is one of the following: (i) "grandfathered" (that
17is, first introduced into interstate commerce for commercial
18distribution in the United States on or before February 15,
192007); (ii) "provisional" (that is, first introduced into
20interstate commerce for commercial distribution in the United
21States between February 15, 2007 and March 22, 2011, and for
22which a substantial equivalence report was submitted to the FDA
23by March 22, 2011); or (iii) determined to be "substantially
24equivalent" (that is, is the subject of a marketing
25authorization order from the FDA after review of a premarket



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1submission intended to demonstrate substantial equivalence).
2    Section 15. Private right of action. To enforce against a
3violation of the Act or any rule adopted under this Act by any
4local government or political subdivision as described in this
5Act, any interested party may file suit in circuit court in the
6county where the alleged violation occurred or where any person
7who is a party to the action resides. Actions may be brought by
8one or more persons for and on behalf of themselves and other
9persons similarly situated. If the interested party prevails in
10its enforcement action, it will be entitled to recover damages
11of 3 times its attorney's fees and costs, and, in addition, the
12court or other adjudicating body, at its discretion, may assess
13punitive damages for any wanton or flagrant violation of the
15    Section 20. Rulemaking. The Department of Public Health
16shall adopt rules for the administration and enforcement of
17this Act.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".