Full Text of SB0664 101st General Assembly
SB0664sam002 101ST GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 4/24/2019
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| 1 | | AMENDMENT TO SENATE BILL 664
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 664 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Tobacco Products Compliance Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Person" means any individual, corporation, partnership, | 8 | | firm,
organization
or association. | 9 | | "Tobacco product" means any product made or derived from | 10 | | tobacco, any product containing tobacco, or any product | 11 | | intended for or traditionally used with tobacco, including | 12 | | papers, wraps, tubes, and filters. A product of a type that | 13 | | has, in the past, been used in conjunction with tobacco or | 14 | | nicotine use will be deemed a "tobacco product" regardless of | 15 | | any labeling or descriptive language on such product stating | 16 | | that the product is not intended for use with tobacco or for |
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| 1 | | non-tobacco use only or other similar language. | 2 | | Section 10. Compliance reports. Any person who | 3 | | manufactures any tobacco product in the State for distribution | 4 | | or sale in the United States shall be required to provide | 5 | | annually, by June 1, 2020 and by June 1 of each year | 6 | | thereafter, a written certification, including supporting | 7 | | evidence and documentation, of such person's compliance with | 8 | | Sections 903, 904, 905, and 920 of the federal Family Smoking | 9 | | Prevention and Tobacco Control Act to the Illinois Department | 10 | | of Public Health. Such person will also be required to provide, | 11 | | for each tobacco product manufactured, sold, or distributed by | 12 | | the person (including all tobacco products manufactured in the | 13 | | State by the person and all other tobacco products sold or | 14 | | distributed by the person) written evidence and documentation | 15 | | that each such tobacco product, as required by the Tobacco | 16 | | Control Act, is one of the following: (i) "grandfathered" (that | 17 | | is, first introduced into interstate commerce for commercial | 18 | | distribution in the United States on or before February 15, | 19 | | 2007); (ii) "provisional" (that is, first introduced into | 20 | | interstate commerce for commercial distribution in the United | 21 | | States between February 15, 2007 and March 22, 2011, and for | 22 | | which a substantial equivalence report was submitted to the FDA | 23 | | by March 22, 2011); or (iii) determined to be "substantially | 24 | | equivalent" (that is, is the subject of a marketing | 25 | | authorization order from the FDA after review of a premarket |
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| 1 | | submission intended to demonstrate substantial equivalence). | 2 | | Section 15. Private right of action. To enforce against a | 3 | | violation of the Act or any rule adopted under this Act by any | 4 | | local government or political subdivision as described in this | 5 | | Act, any interested party may file suit in circuit court in the | 6 | | county where the alleged violation occurred or where any person | 7 | | who is a party to the action resides. Actions may be brought by | 8 | | one or more persons for and on behalf of themselves and other | 9 | | persons similarly situated. If the interested party prevails in | 10 | | its enforcement action, it will be entitled to recover damages | 11 | | of 3 times its attorney's fees and costs, and, in addition, the | 12 | | court or other adjudicating body, at its discretion, may assess | 13 | | punitive damages for any wanton or flagrant violation of the | 14 | | law. | 15 | | Section 20. Rulemaking. The Department of Public Health | 16 | | shall adopt rules for the administration and enforcement of | 17 | | this Act.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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