Full Text of HB0147 102nd General Assembly
HB0147ham001 102ND GENERAL ASSEMBLY | Rep. Bob Morgan Filed: 2/26/2021
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| 1 | | AMENDMENT TO HOUSE BILL 147
| 2 | | AMENDMENT NO. ______. Amend House Bill 147 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the CBD | 5 | | Safety Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Cannabinoid product" means a product offered for sale | 8 | | that contains cannabinoids and is not regulated under the | 9 | | Compassionate Use of Medical Cannabis Program Act, the | 10 | | Cannabis Regulation and Tax Act, or the Industrial Hemp Act. | 11 | | "Department" means the Department of Agriculture. | 12 | | "Director" means the Director of Agriculture. | 13 | | Section 10. Cannabinoid product labeling and testing | 14 | | requirements. No person shall manufacture, process, or offer | 15 | | for sale a cannabinoid product unless the cannabinoid product |
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| 1 | | has labeling and has undergone lab testing that meet labeling | 2 | | and minimum testing requirements pursuant to rules adopted by | 3 | | the Department under subsection (b) of Section 15. | 4 | | Section 15. Administration and enforcement; rules; | 5 | | emergency rules; inspection. | 6 | | (a) The Department shall administer and enforce this Act | 7 | | and may adopt rules under the Illinois Administrative | 8 | | Procedure Act for the purpose of administering and enforcing | 9 | | this Act. | 10 | | (b) The Department shall develop rules setting forth | 11 | | labeling and minimum testing requirements of cannabinoid | 12 | | products. | 13 | | (c) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of this Act, the Department | 15 | | may adopt emergency rules in accordance with Section 5-45 of | 16 | | the Illinois Administrative Procedure Act to the extent | 17 | | necessary to administer the Department's responsibilities | 18 | | under this Act. The adoption of emergency rules authorized by | 19 | | this subsection (c) is deemed to be necessary for the public | 20 | | interest, safety, and welfare. | 21 | | (d) The Department of Public Health, local health | 22 | | departments, the Illinois State Police, local sheriff's | 23 | | departments, municipal police departments, the Department of | 24 | | Revenue, and the Department may inspect any business that | 25 | | manufactures, processes, or offers for sale cannabinoid |
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| 1 | | products in the State to ensure compliance with this Act. | 2 | | Section 20. Administrative penalties; judicial review. The | 3 | | following administrative fines may be imposed by the | 4 | | Department upon any person or entity who violates any | 5 | | provision of this Act or any rule adopted by the Department | 6 | | under this Act: | 7 | | (1) A penalty of $500 for a first violation. | 8 | | (2) A penalty of $1,500 for a second violation at the | 9 | | same location within 2 years of the first violation. | 10 | | (3) A penalty of $2,500 for a third or subsequent | 11 | | violation at the same location within 2 years of the | 12 | | second violation. | 13 | | Moneys collected by the Department under this Section | 14 | | shall be deposited into the CBD Safety Fund. Any penalty of | 15 | | $2,500 or greater that is not paid within 120 days of issuance | 16 | | of notice from the Department shall be submitted to the | 17 | | Department of Revenue for collection as provided under the | 18 | | Illinois State Collection Act of 1986. The Department may | 19 | | prohibit any person from selling or distributing a cannabinoid | 20 | | product for failure to pay an administrative monetary penalty | 21 | | within 60 days of issuance of notice from the Department. | 22 | | All final administrative decisions of the Department are | 23 | | subject to judicial review under the Administrative Review | 24 | | Law. The term "administrative decision" has the meaning | 25 | | ascribed to that term in Section 3-101 of the Code of Civil |
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| 1 | | Procedure. | 2 | | Section 25. Publishing information. The Department shall | 3 | | make available to the public complaints about cannabinoid | 4 | | products, information regarding a pending administrative | 5 | | hearing or court case under this Act, or any disciplinary | 6 | | action taken against a cannabinoid product manufacturer, | 7 | | processor, or seller. | 8 | | Section 30. Temporary restraining order or injunction. The | 9 | | Director, through the Attorney General, may file a complaint | 10 | | and apply to the circuit court for, and the court upon hearing | 11 | | and for cause shown may grant, a temporary restraining order | 12 | | or a preliminary or permanent injunction restraining any | 13 | | person from violating this Act. | 14 | | Section 35. CBD Safety Fund. The CBD Safety Fund is | 15 | | created as a special fund in the State treasury. Moneys in the | 16 | | Fund shall be utilized by the Department for the | 17 | | implementation, administration, and enforcement of this Act. | 18 | | Section 40. Federal law; preemption. Notwithstanding any | 19 | | other provision of this Act, the State may not regulate the | 20 | | safety of cannabinoid products in a way that is inconsistent | 21 | | with a federal law, rule, or regulation that regulates the | 22 | | safety of cannabinoid products and is in effect after the |
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| 1 | | effective date of this Act. | 2 | | Section 90. The Illinois Administrative Procedure Act is | 3 | | amended by adding Section 5-45.8 as follows: | 4 | | (5 ILCS 100/5-45.8 new) | 5 | | Sec. 5-45.8. Emergency rulemaking; CBD Safety Act. To | 6 | | provide for the expeditious and timely implementation of the | 7 | | CBD Safety Act, emergency rules implementing the CBD Safety | 8 | | Act may be adopted in accordance with Section 5-45 by the | 9 | | Department of Agriculture. The adoption of emergency rules | 10 | | authorized by Section 5-45 and this Section is deemed to be | 11 | | necessary for the public interest, safety, and welfare. | 12 | | This Section is repealed on January 1, 2027. | 13 | | Section 95. The State Finance Act is amended by adding | 14 | | Section 5.935 as follows: | 15 | | (30 ILCS 105/5.935 new) | 16 | | Sec. 5.935. The CBD Safety Fund.
| 17 | | Section 99. Effective date. This Act takes effect 180 days | 18 | | after becoming law.".
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