Illinois General Assembly - Full Text of SB0668
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Full Text of SB0668  101st General Assembly

SB0668sam002 101ST GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 11/12/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 668

2    AMENDMENT NO. ______. Amend Senate Bill 668 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Flavored Electronic Cigarette Ban Act.
 
6    Section 5. Definitions. In this Act:
7    "Characterizing flavor" means a distinguishable taste or
8aroma, other than the taste or aroma of tobacco, imparted by an
9electronic cigarette or related flavor product, or any
10by-product produced by the electronic cigarette or related
11flavor product. "Characterizing flavor" includes, but is not
12limited to, tastes or aromas relating to any fruit, chocolate,
13vanilla, honey, candy, cocoa, dessert, alcoholic beverage,
14mint, menthol, wintergreen, herb, or spice. An electronic
15cigarette or related flavor product does not have a
16characterizing flavor solely because of the use of additives or

 

 

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1flavorings or the provision of ingredient information.
2    "Constituent" means any ingredient, substance, chemical,
3or compound, other than water, that is added to an electronic
4cigarette or related flavor product.
5    "Department" means the Department of Human Services.
6    "Distinguishable" means perceivable by either the sense of
7smell or taste.
8    "Distributor" means a person who sells, offers for sale, or
9transfers any tobacco, tobacco products, flavored electronic
10cigarette, or related flavor product for resale and not for use
11or consumption. "Distributor" includes a distributor as
12defined in Section 1 of the Cigarette Tax Act, Section 1 of the
13Cigarette Use Tax Act, and Section 10-5 of the Tobacco Products
14Tax Act of 1995.
15    "Electronic cigarette" means:
16        (1) any device that employs a battery or other
17    mechanism to heat a solution or substance to produce a
18    vapor or aerosol intended for inhalation;
19        (2) any cartridge or container of a solution or
20    substance intended to be used with or in the device or to
21    refill the device; or
22        (3) any solution or substance, whether or not it
23    contains nicotine, intended for use in the device.
24    "Electronic cigarette" includes, but is not limited to, any
25electronic nicotine delivery system, electronic cigar,
26electronic cigarillo, electronic pipe, electronic hookah, vape

 

 

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1pen, or similar product or device, and any components or parts
2that can be used to build the product or device. "Electronic
3cigarette" does not include: any smokeless nicotine product; a
4cigarette, as defined in Section 1 of the Cigarette Tax Act;
5any tobacco product as defined in this Section; any product
6approved by the United States Food and Drug Administration for
7sale as a tobacco cessation product or a tobacco dependence
8product, or for other medical purposes that is marketed and
9sold solely for that approved purpose; any asthma inhaler
10prescribed by a physician for that condition that is marketed
11and sold solely for that approved purpose; any therapeutic
12product approved for use under the Compassionate Use of Medical
13Cannabis Program Act; or cannabis as defined in Section 1-10 of
14the Cannabis Regulation and Tax Act.
15    "Flavored electronic cigarette" means any electronic
16cigarette containing a constituent that imparts a
17characterizing flavor.
18    "Labeling" means written, printed, pictorial, or graphic
19matter upon any electronic cigarette or related flavor product
20or any packaging of an electronic cigarette or related flavor
21product.
22    "Packaging" means a pack, box, carton, or container of any
23kind or, if no other container, any wrapping or cellophane in
24which an electronic cigarette or related flavor product is sold
25or offered for sale to a consumer.
26    "Related flavor product" means any flavor product intended

 

 

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1for or traditionally used with tobacco, including papers,
2wraps, tubes, or filters. A product of a type which has in the
3past been used in conjunction with tobacco or nicotine use
4shall be deemed a "related flavor product" regardless of any
5labeling or descriptive language on the product stating that
6the product is not intended for use with tobacco, is for
7non-tobacco use only, or other similar language.
8    "Retailer" means a person who engages in this State in the
9sale, or offering for sale, of flavored electronic cigarettes
10or related flavor products for use or consumption and not for
11resale in any form. "Retailer" includes a retailer as that term
12is defined in Section 1 of the Cigarette Tax Act and Section
1310-5 of the Tobacco Products Tax Act of 1995.
14    "Secondary distributor" means a secondary distributor as
15that term is defined in Section 1 of the Cigarette Tax Act or
16Section 1 of the Cigarette Use Tax Act.
17    "Smokeless nicotine product" means nicotine that is in the
18form of a solid, gel, gum, or paste that is intended for human
19consumption, placement in the oral or nasal cavity, or
20absorption into the human body by any other means. "Smokeless
21nicotine product" does not include any tobacco product or
22cigarette.
23    "Tobacco product" means any product containing or made from
24tobacco that is intended for human consumption, whether smoked,
25heated, chewed, absorbed, dissolved, inhaled, snorted,
26sniffed, or ingested by any other means, including, but not

 

 

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1limited to, cigarettes, cigars, little cigars, chewing
2tobacco, pipe tobacco, snuff, snus, and any other smokeless
3tobacco product which contains tobacco that is finely cut,
4ground, powdered, or leaf and intended to be placed in the oral
5cavity. "Tobacco product" includes any component, part, or
6accessory of a tobacco product, whether or not sold separately.
7"Tobacco product" does not include an electronic cigarette, a
8smokeless nicotine product, an alternative nicotine product,
9or any product that has been approved by the United States Food
10and Drug Administration for sale as a tobacco cessation
11product, as a tobacco dependence product, or for other medical
12purposes, and is being marketed and sold solely for that
13approved purpose.
 
14    Section 10. Prohibitions.
15    (a) A retailer, or any of a retailer's agents or employees,
16may not sell, offer for sale, or possess with the intent to
17sell or offer for sale a flavored electronic cigarette or
18related flavor product.
19    (b) A distributor or secondary distributor may not sell,
20offer for sale, or possess with intent to sell or offer for
21sale a flavored electronic cigarette or related flavor product
22in this State. There is a rebuttable presumption that a
23distributor or secondary distributor possesses a flavored
24electronic cigarette or related flavor product with the intent
25to sell in the State if the distributor or secondary

 

 

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1distributor cannot provide, upon request, evidence that the
2product is intended for order or purchase from without the
3State.
4    (c) There is a rebuttable presumption that an electronic
5cigarette or product is a flavored electronic cigarette or
6related flavor product if a manufacturer or any of a
7manufacturer's agents or employees, in the course of their
8agency or employment, has made a statement or claim directed to
9consumers or to the public that the electronic cigarette or
10related flavor product has or produces a characterizing flavor,
11including, but not limited to, text, color, or images on the
12product's labeling or packaging that are used to explicitly or
13implicitly communicate or suggest that the electronic
14cigarette or related flavor product has a characterizing
15flavor. A product with labeling or packaging that suggests the
16presence of a characterizing flavor is presumed to be a
17flavored electronic cigarette or related flavor product.
18    (d) This Section does not apply to any flavored electronic
19cigarette that has obtained a tobacco product clearance order
20pursuant to Section 387j of Title 21 of the United States Code.
21    (e) A distributor, secondary distributor, or retailer, or
22any of a retailer's agents or employees, shall not fulfill an
23order for, or allow a flavored electronic cigarette or related
24flavor product to be purchased by, or shipped to, any person in
25this State. As used in this subsection, "ordered or purchased"
26includes:

 

 

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1        (1) a consumer submitting an order for sale by means
2    of:
3            (A) a telephone or other method of voice
4        transmission;
5            (B) the mail; or
6            (C) the Internet or other online service; or
7        (2) situations where the seller is otherwise not in the
8    physical presence of the buyer when the request for
9    purchase or order is made.
10    This subsection (e) applies regardless of whether the
11retailer is located within the State or not.
 
12    Section 15. Administrative rules; enforcement. The
13Department shall enforce this Act and may adopt rules or
14guidelines for the implementation and enforcement of this Act.
 
15    Section 20. Violations. Upon a decision by the Department
16after notice and hearing that a distributor, secondary
17distributor, or retailer, or any of a retailer's agents or
18employees, has engaged in any conduct that violates this Act,
19the Department of Revenue may suspend: that distributor's
20license under Section 6 of the Cigarette Tax Act, Section 6 of
21the Cigarette Use Tax Act, or Section 10-25 of the Tobacco
22Products Tax Act of 1995; that secondary distributor's license
23under Section 6 of the Cigarette Tax Act or Section 6 of the
24Cigarette Use Tax Act; or that retailer's license under Section

 

 

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16 of the Cigarette Tax Act or Section 10-25 of the Tobacco
2Products Tax Act of 1995. Any suspension shall be preceded by a
3notice from the Department of Revenue of the initial
4determination or violation. A license shall be suspended 3 days
5for a first violation, 7 days for a second violation, and 30
6days for a third and each subsequent violation.
7    The Department of Revenue shall impose a civil penalty not
8to exceed $5,000 on any person engaged in the business of
9selling flavored electronic cigarettes or related flavor
10products who ships or causes to be shipped any flavored
11electronic cigarettes or related flavor products to any person
12in this State in violation of subsection (e) of Section 10.
13Civil penalties imposed and collected by the Department under
14this subsection shall be deposited into the Tax Compliance and
15Administration Fund.
 
16    Section 25. No conflict with federal or State law. Nothing
17in this Act shall be interpreted or applied to create any
18requirement, power, or duty that is preempted by federal or
19State law.
 
20    Section 90. The Cigarette Tax Act is amended by changing
21Section 6 as follows:
 
22    (35 ILCS 130/6)  (from Ch. 120, par. 453.6)
23    Sec. 6. Revocation, cancellation, or suspension of

 

 

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1license. The Department may, after notice and hearing as
2provided for by this Act, revoke, cancel or suspend the license
3of any distributor, secondary distributor, or retailer for the
4violation of any provision of this Act, or for noncompliance
5with any provision herein contained, or for any noncompliance
6with any lawful rule or regulation promulgated by the
7Department under Section 8 of this Act, or because the licensee
8is determined to be ineligible for a distributor's license for
9any one or more of the reasons provided for in Section 4 of
10this Act, or because the licensee is determined to be
11ineligible for a secondary distributor's license for any one or
12more of the reasons provided for in Section 4c of this Act, or
13because the licensee is determined to be ineligible for a
14retailer's license for any one or more of the reasons provided
15for in Section 4g of this Act. However, no such license shall
16be revoked, cancelled or suspended, except after a hearing by
17the Department with notice to the distributor, secondary
18distributor, or retailer, as aforesaid, and affording such
19distributor, secondary distributor, or retailer a reasonable
20opportunity to appear and defend, and any distributor,
21secondary distributor, or retailer aggrieved by any decision of
22the Department with respect thereto may have the determination
23of the Department judicially reviewed, as herein provided.
24    The Department may revoke, cancel, or suspend the license
25of any distributor for a violation of the Tobacco Product
26Manufacturers' Escrow Enforcement Act as provided in Section 30

 

 

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1of that Act. The Department may revoke, cancel, or suspend the
2license of any secondary distributor for a violation of
3subsection (e) of Section 15 of the Tobacco Product
4Manufacturers' Escrow Enforcement Act.
5    The Department may suspend the license of any distributor,
6secondary distributor, or retailer for a violation of the
7Flavored Electronic Cigarette Ban Act as provided in Section 20
8of that Act.
9    If the retailer has a training program that facilitates
10compliance with minimum-age tobacco laws, the Department shall
11suspend for 3 days the license of that retailer for a fourth or
12subsequent violation of the Prevention of Tobacco Use by
13Persons under 21 Years of Age and Sale and Distribution of
14Tobacco Products Act, as provided in subsection (a) of Section
152 of that Act. For the purposes of this Section, any violation
16of subsection (a) of Section 2 of the Prevention of Tobacco Use
17by Persons under 21 Years of Age and Sale and Distribution of
18Tobacco Products Act occurring at the retailer's licensed
19location during a 24-month period shall be counted as a
20violation against the retailer.
21    If the retailer does not have a training program that
22facilitates compliance with minimum-age tobacco laws, the
23Department shall suspend for 3 days the license of that
24retailer for a second violation of the Prevention of Tobacco
25Use by Persons under 21 Years of Age and Sale and Distribution
26of Tobacco Products Act, as provided in subsection (a-5) of

 

 

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1Section 2 of that Act.
2    If the retailer does not have a training program that
3facilitates compliance with minimum-age tobacco laws, the
4Department shall suspend for 7 days the license of that
5retailer for a third violation of the Prevention of Tobacco Use
6by Persons under 21 Years of Age and Sale and Distribution of
7Tobacco Products Act, as provided in subsection (a-5) of
8Section 2 of that Act.
9    If the retailer does not have a training program that
10facilitates compliance with minimum-age tobacco laws, the
11Department shall suspend for 30 days the license of a retailer
12for a fourth or subsequent violation of the Prevention of
13Tobacco Use by Persons under 21 Years of Age and Sale and
14Distribution of Tobacco Products Act, as provided in subsection
15(a-5) of Section 2 of that Act.
16    A training program that facilitates compliance with
17minimum-age tobacco laws must include at least the following
18elements: (i) it must explain that only individuals displaying
19valid identification demonstrating that they are 21 years of
20age or older shall be eligible to purchase cigarettes or
21tobacco products and (ii) it must explain where a clerk can
22check identification for a date of birth. The training may be
23conducted electronically. Each retailer that has a training
24program shall require each employee who completes the training
25program to sign a form attesting that the employee has received
26and completed tobacco training. The form shall be kept in the

 

 

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1employee's file and may be used to provide proof of training.
2    Any distributor, secondary distributor, or retailer
3aggrieved by any decision of the Department under this Section
4may, within 20 days after notice of the decision, protest and
5request a hearing. Upon receiving a request for a hearing, the
6Department shall give notice in writing to the distributor,
7secondary distributor, or retailer requesting the hearing that
8contains a statement of the charges preferred against the
9distributor, secondary distributor, or retailer and that
10states the time and place fixed for the hearing. The Department
11shall hold the hearing in conformity with the provisions of
12this Act and then issue its final administrative decision in
13the matter to the distributor, secondary distributor, or
14retailer. In the absence of a protest and request for a hearing
15within 20 days, the Department's decision shall become final
16without any further determination being made or notice given.
17    No license so revoked, as aforesaid, shall be reissued to
18any such distributor, secondary distributor, or retailer
19within a period of 6 months after the date of the final
20determination of such revocation. No such license shall be
21reissued at all so long as the person who would receive the
22license is ineligible to receive a distributor's license under
23this Act for any one or more of the reasons provided for in
24Section 4 of this Act, is ineligible to receive a secondary
25distributor's license under this Act for any one or more of the
26reasons provided for in Section 4c of this Act, or is

 

 

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1determined to be ineligible for a retailer's license under the
2Act for any one or more of the reasons provided for in Section
34g of this Act.
4    The Department upon complaint filed in the circuit court
5may by injunction restrain any person who fails, or refuses, to
6comply with any of the provisions of this Act from acting as a
7distributor, secondary distributor, or retailer of cigarettes
8in this State.
9(Source: P.A. 101-2, eff. 7-1-19.)
 
10    Section 95. The Cigarette Use Tax Act is amended by
11changing Section 6 as follows:
 
12    (35 ILCS 135/6)  (from Ch. 120, par. 453.36)
13    Sec. 6. Revocation, cancellation, or suspension of
14license. The Department may, after notice and hearing as
15provided for by this Act, revoke, cancel or suspend the license
16of any distributor or secondary distributor for the violation
17of any provision of this Act, or for non-compliance with any
18provision herein contained, or for any non-compliance with any
19lawful rule or regulation promulgated by the Department under
20Section 21 of this Act, or because the licensee is determined
21to be ineligible for a distributor's license for any one or
22more of the reasons provided for in Section 4 of this Act, or
23because the licensee is determined to be ineligible for a
24secondary distributor's license for any one or more of the

 

 

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1reasons provided for in Section 4b or Section 7a of this Act.
2However, no such license shall be revoked, canceled or
3suspended, except after a hearing by the Department with notice
4to the distributor or secondary distributor, as aforesaid, and
5affording such distributor or secondary distributor a
6reasonable opportunity to appear and defend, and any
7distributor or secondary distributor aggrieved by any decision
8of the Department with respect thereto may have the
9determination of the Department judicially reviewed, as herein
10provided.
11    The Department may revoke, cancel, or suspend the license
12of any distributor for a violation of the Tobacco Product
13Manufacturers' Escrow Enforcement Act as provided in Section 30
14of that Act. The Department may revoke, cancel, or suspend the
15license of any secondary distributor for a violation of
16subsection (e) of Section 15 of the Tobacco Product
17Manufacturers' Escrow Enforcement Act.
18    The Department may suspend the license of any distributor
19or secondary distributor for a violation of the Flavored
20Electronic Cigarette Ban Act as provided in Section 20 of that
21Act.
22    Any distributor or secondary distributor aggrieved by any
23decision of the Department under this Section may, within 20
24days after notice of the decision, protest and request a
25hearing. Upon receiving a request for a hearing, the Department
26shall give notice in writing to the distributor or secondary

 

 

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1distributor requesting the hearing that contains a statement of
2the charges preferred against the distributor or secondary
3distributor and that states the time and place fixed for the
4hearing. The Department shall hold the hearing in conformity
5with the provisions of this Act and then issue its final
6administrative decision in the matter to the distributor or
7secondary distributor. In the absence of a protest and request
8for a hearing within 20 days, the Department's decision shall
9become final without any further determination being made or
10notice given.
11    No license so revoked, shall be reissued to any such
12distributor or secondary distributor within a period of 6
13months after the date of the final determination of such
14revocation. No such license shall be reissued at all so long as
15the person who would receive the license is ineligible to
16receive a distributor's license under this Act for any one or
17more of the reasons provided for in Section 4 of this Act or is
18ineligible to receive a secondary distributor's license under
19this Act for any one or more of the reasons provided for in
20Section 4b and Section 7a of this Act.
21    The Department upon complaint filed in the circuit court
22may by injunction restrain any person who fails, or refuses, to
23comply with this Act from acting as a distributor or secondary
24distributor of cigarettes in this State.
25(Source: P.A. 96-1027, eff. 7-12-10.)
 

 

 

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1    Section 100. The Tobacco Products Tax Act of 1995 is
2amended by changing Section 10-25 as follows:
 
3    (35 ILCS 143/10-25)
4    Sec. 10-25. License actions.
5    (a) The Department may, after notice and a hearing, revoke,
6cancel, or suspend the license of any distributor or retailer
7who violates any of the provisions of this Act, fails to keep
8books and records as required under this Act, fails to make
9books and records available for inspection upon demand by a
10duly authorized employee of the Department, or violates a rule
11or regulation of the Department for the administration and
12enforcement of this Act. The notice shall specify the alleged
13violation or violations upon which the revocation,
14cancellation, or suspension proceeding is based.
15    (b) The Department may revoke, cancel, or suspend the
16license of any distributor for a violation of the Tobacco
17Product Manufacturers' Escrow Enforcement Act as provided in
18Section 20 of that Act.
19    (b-5) The Department may suspend the license of any
20distributor or retailer for a violation of the Flavored
21Electronic Cigarette Ban Act as provided in Section 20 of that
22Act.
23    (c) If the retailer has a training program that facilitates
24compliance with minimum-age tobacco laws, the Department shall
25suspend for 3 days the license of that retailer for a fourth or

 

 

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1subsequent violation of the Prevention of Tobacco Use by
2Persons under 21 Years of Age and Sale and Distribution of
3Tobacco Products Act, as provided in subsection (a) of Section
42 of that Act. For the purposes of this Section, any violation
5of subsection (a) of Section 2 of the Prevention of Tobacco Use
6by Persons under 21 Years of Age and Sale and Distribution of
7Tobacco Products Act occurring at the retailer's licensed
8location, during a 24-month period, shall be counted as a
9violation against the retailer.
10    If the retailer does not have a training program that
11facilitates compliance with minimum-age tobacco laws, the
12Department shall suspend for 3 days the license of that
13retailer for a second violation of the Prevention of Tobacco
14Use by Persons under 21 Years of Age and Sale and Distribution
15of Tobacco Products Act, as provided in subsection (a-5) of
16Section 2 of that Act.
17    If the retailer does not have a training program that
18facilitates compliance with minimum-age tobacco laws, the
19Department shall suspend for 7 days the license of that
20retailer for a third violation of the Prevention of Tobacco Use
21by Persons under 21 Years of Age and Sale and Distribution of
22Tobacco Products Act, as provided in subsection (a-5) of
23Section 2 of that Act.
24    If the retailer does not have a training program that
25facilitates compliance with minimum-age tobacco laws, the
26Department shall suspend for 30 days the license of a retailer

 

 

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1for a fourth or subsequent violation of the Prevention of
2Tobacco Use by Persons under 21 Years of Age and Sale and
3Distribution of Tobacco Products Act, as provided in subsection
4(a-5) of Section 2 of that Act.
5    A training program that facilitates compliance with
6minimum-age tobacco laws must include at least the following
7elements: (i) it must explain that only individuals displaying
8valid identification demonstrating that they are 21 years of
9age or older shall be eligible to purchase cigarettes or
10tobacco products and (ii) it must explain where a clerk can
11check identification for a date of birth. The training may be
12conducted electronically. Each retailer that has a training
13program shall require each employee who completes the training
14program to sign a form attesting that the employee has received
15and completed tobacco training. The form shall be kept in the
16employee's file and may be used to provide proof of training.
17    (d) The Department may, by application to any circuit
18court, obtain an injunction restraining any person who engages
19in business as a distributor of tobacco products without a
20license (either because his or her license has been revoked,
21canceled, or suspended or because of a failure to obtain a
22license in the first instance) from engaging in that business
23until that person, as if that person were a new applicant for a
24license, complies with all of the conditions, restrictions, and
25requirements of Section 10-20 of this Act and qualifies for and
26obtains a license. Refusal or neglect to obey the order of the

 

 

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1court may result in punishment for contempt.
2(Source: P.A. 100-940, eff. 8-17-18; 101-2, eff. 7-1-19.)
 
3    Section 105. The Prevention of Cigarette Sales to Persons
4under 21 Years of Age Act is amended by changing Sections 2 and
55 as follows:
 
6    (720 ILCS 678/2)
7    Sec. 2. Definitions. For the purpose of this Act:
8    "Cigarette", when used in this Act, means any roll for
9smoking made wholly or in part of tobacco irrespective of size
10or shape and whether or not the tobacco is flavored,
11adulterated, or mixed with any other ingredient, and the
12wrapper or cover of which is made of paper or any other
13substance or material except whole leaf tobacco.
14    "Clear and conspicuous statement" means the statement is of
15sufficient type size to be clearly readable by the recipient of
16the communication.
17    "Consumer" means an individual who acquires or seeks to
18acquire cigarettes, electronic cigarettes, or related flavor
19products for personal use.
20    "Delivery sale" means any sale of cigarettes, electronic
21cigarettes, or related flavor products to a consumer if:
22        (a) the consumer submits the order for such sale by
23    means of a telephone or other method of voice transmission,
24    the mails, or the Internet or other online service, or the

 

 

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1    seller is otherwise not in the physical presence of the
2    buyer when the request for purchase or order is made; or
3        (b) the cigarettes, electronic cigarettes, or related
4    flavor products are delivered by use of a common carrier,
5    private delivery service, or the mails, or the seller is
6    not in the physical presence of the buyer when the buyer
7    obtains possession of the cigarettes, electronic
8    cigarettes, or related flavor products.
9    "Delivery service" means any person (other than a person
10that makes a delivery sale) who delivers to the consumer the
11cigarettes, electronic cigarettes, or related flavor products
12sold in a delivery sale.
13    "Department" means the Department of Revenue.
14    "Government-issued identification" means a State driver's
15license, State identification card, passport, a military
16identification or an official naturalization or immigration
17document, such as an alien registration recipient card
18(commonly known as a "green card") or an immigrant visa.
19    "Mails" or "mailing" mean the shipment of cigarettes,
20electronic cigarettes, or related flavor products through the
21United States Postal Service.
22    "Out-of-state sale" means a sale of cigarettes, electronic
23cigarettes, or related flavor products to a consumer located
24outside of this State where the consumer submits the order for
25such sale by means of a telephonic or other method of voice
26transmission, the mails or any other delivery service,

 

 

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1facsimile transmission, or the Internet or other online service
2and where the cigarettes, electronic cigarettes, or related
3flavor products are delivered by use of the mails or other
4delivery service.
5    "Person" means any individual, corporation, partnership,
6limited liability company, association, or other organization
7that engages in any for-profit or not-for-profit activities.
8    "Shipping package" means a container in which packs or
9cartons of cigarettes, electronic cigarettes, or related
10flavor products are shipped in connection with a delivery sale.
11    "Shipping documents" means bills of lading, air bills, or
12any other documents used to evidence the undertaking by a
13delivery service to deliver letters, packages, or other
14containers.
15(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
16    (720 ILCS 678/5)
17    Sec. 5. Unlawful shipment or transportation of cigarettes,
18electronic cigarettes, or related flavor products.
19    (a) It is unlawful for any person engaged in the business
20of selling cigarettes, electronic cigarettes, or related
21flavor products to ship or cause to be shipped any cigarettes,
22electronic cigarettes, or related flavor products unless the
23person shipping the cigarettes:
24        (1) is licensed as a distributor under either the
25    Cigarette Tax Act, or the Cigarette Use Tax Act, or the

 

 

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1    Tobacco Products Tax Act of 1995; or delivers the
2    cigarettes, electronic cigarettes, or related flavor
3    products to a distributor licensed under either the
4    Cigarette Tax Act, or the Cigarette Use Tax Act, or the
5    Tobacco Products Tax Act of 1995; or
6        (2) ships them to an export warehouse proprietor
7    pursuant to Chapter 52 of the Internal Revenue Code, or an
8    operator of a customs bonded warehouse pursuant to Section
9    1311 or 1555 of Title 19 of the United States Code.
10    For purposes of this subsection (a), a person is a licensed
11distributor if the person's name appears on a list of licensed
12distributors published by the Illinois Department of Revenue.
13The term cigarette has the same meaning as defined in Section 1
14of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax
15Act. The term electronic cigarette has the same meaning as
16defined in Section 10-5 of the Tobacco Products Tax Act of
171995. The term related flavor product has the same meaning as
18defined in Section 5 of the Flavored Electronic Cigarette Ban
19Act. Nothing in this Act prohibits a person licensed as a
20distributor under the Cigarette Tax Act or the Cigarette Use
21Tax Act from shipping or causing to be shipped any cigarettes
22to a registered retailer under the Retailers' Occupation Tax
23Act provided the cigarette tax or cigarette use tax has been
24paid.
25    (b) A common or contract carrier may transport cigarettes
26to any individual person in this State only if the carrier

 

 

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1reasonably believes such cigarettes have been received from a
2person described in paragraph (a)(1). Common or contract
3carriers may make deliveries of cigarettes to licensed
4distributors described in paragraph (a)(1) of this Section.
5Nothing in this subsection (b) shall be construed to prohibit a
6person other than a common or contract carrier from
7transporting not more than 1,000 cigarettes at any one time to
8any person in this State.
9    (c) A common or contract carrier may not complete the
10delivery of any cigarettes to persons other than those
11described in paragraph (a)(1) of this Section without first
12obtaining from the purchaser an official written
13identification from any state or federal agency that displays
14the person's date of birth or a birth certificate that includes
15a reliable confirmation that the purchaser is at least 21 years
16of age; that the cigarettes purchased are not intended for
17consumption by an individual who is younger than 21 years of
18age; and a written statement signed by the purchaser that
19certifies the purchaser's address and that the purchaser is at
20least 21 years of age. The statement shall also confirm: (1)
21that the purchaser understands that signing another person's
22name to the certification is illegal; (2) that the sale of
23cigarettes to individuals under 21 years of age is illegal; and
24(3) that the purchase of cigarettes by individuals under 21
25years of age is illegal under the laws of Illinois.
26    (d) When a person engaged in the business of selling

 

 

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1cigarettes ships or causes to be shipped any cigarettes to any
2person in this State, other than in the cigarette
3manufacturer's or tobacco products manufacturer's original
4container or wrapping, the container or wrapping must be
5plainly and visibly marked with the word "cigarettes".
6    (e) When a peace officer of this State or any duly
7authorized officer or employee of the Illinois Department of
8Public Health or Department of Revenue discovers any
9cigarettes, electronic cigarettes, or related flavor products
10which have been or which are being shipped or transported in
11violation of this Section, he or she shall seize and take
12possession of the cigarettes, electronic cigarettes, or
13related flavor products, and the cigarettes shall be subject to
14a forfeiture action pursuant to the procedures provided under
15the Cigarette Tax Act or Cigarette Use Tax Act.
16(Source: P.A. 101-2, eff. 7-1-19.)
 
17    Section 997. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.
 
19    Section 999. Effective date. This Act takes effect June 1,
202020.".