Illinois General Assembly - Full Text of HB0147
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Full Text of HB0147  102nd General Assembly

HB0147ham002 102ND GENERAL ASSEMBLY

Rep. Bob Morgan

Filed: 3/23/2021

 

 


 

 


 
10200HB0147ham002LRB102 04402 CPF 23870 a

1
AMENDMENT TO HOUSE BILL 147

2    AMENDMENT NO. ______. Amend House Bill 147, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the CBD
6Safety Act.
 
7    Section 5. Definitions. In this Act:
8    "Cannabinoid product" means a product offered for sale
9that contains cannabinoids and is not regulated under the
10Compassionate Use of Medical Cannabis Program Act or the
11Cannabis Regulation and Tax Act. "Cannabinoid product"
12includes foods, and only foods, containing cannabinoids and
13that are not time/temperature control for safety foods, as
14defined in Section 1-201.10 of the Food Code 2017
15Recommendations of the United States Public Health Service
16Food and Drug Administration.

 

 

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1    "Department" means the Department of Agriculture.
2    "Director" means the Director of Agriculture.
 
3    Section 10. Cannabinoid product labeling, packaging, and
4testing requirements. No person shall manufacture, process, or
5offer for sale a cannabinoid product unless the cannabinoid
6product has labeling and packaging and has undergone lab
7testing that meet labeling, packaging, and minimum testing
8requirements pursuant to rules adopted by the Department under
9subsection (b) of Section 15.
 
10    Section 15. Administration and enforcement; rules;
11emergency rules; inspection.
12    (a) The Department shall administer and enforce this Act
13and may adopt rules under the Illinois Administrative
14Procedure Act for the purpose of administering and enforcing
15this Act.
16    (b) The Department shall develop rules setting forth
17labeling, packaging, and minimum testing requirements of
18cannabinoid products.
19    (c) In order to provide for the expeditious and timely
20implementation of the provisions of this Act, the Department
21may adopt emergency rules in accordance with Section 5-45 of
22the Illinois Administrative Procedure Act to the extent
23necessary to administer the Department's responsibilities
24under this Act. The adoption of emergency rules authorized by

 

 

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1this subsection (c) is deemed to be necessary for the public
2interest, safety, and welfare.
3    (d) The Department of Public Health, local health
4departments, the Illinois State Police, local sheriff's
5departments, municipal police departments, the Department of
6Revenue, and the Department may inspect any business that
7manufactures, processes, or offers for sale cannabinoid
8products in the State to ensure compliance with this Act.
 
9    Section 20. Administrative penalties; judicial review. The
10following administrative fines may be imposed by the
11Department upon any person or entity who violates any
12provision of this Act or any rule adopted by the Department
13under this Act:
14        (1) A penalty of $500 for a first violation.
15        (2) A penalty of $1,500 for a second violation at the
16    same location within 2 years of the first violation.
17        (3) A penalty of $2,500 for a third or subsequent
18    violation at the same location within 2 years of the
19    second violation.
20    Moneys collected by the Department under this Section
21shall be deposited into the CBD Safety Fund. Any penalty of
22$2,500 or greater that is not paid within 120 days of issuance
23of notice from the Department shall be submitted to the
24Department of Revenue for collection as provided under the
25Illinois State Collection Act of 1986. The Department may

 

 

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1prohibit any person from selling or distributing a cannabinoid
2product for failure to pay an administrative monetary penalty
3within 60 days of issuance of notice from the Department.
4    All final administrative decisions of the Department are
5subject to judicial review under the Administrative Review
6Law. The term "administrative decision" has the meaning
7ascribed to that term in Section 3-101 of the Code of Civil
8Procedure.
 
9    Section 25. Publishing information. The Department shall
10make available to the public complaints about cannabinoid
11products, information regarding a pending administrative
12hearing or court case under this Act, or any disciplinary
13action taken against a cannabinoid product manufacturer,
14processor, or seller.
 
15    Section 30. Temporary restraining order or injunction. The
16Director, through the Attorney General, may file a complaint
17and apply to the circuit court for, and the court upon hearing
18and for cause shown may grant, a temporary restraining order
19or a preliminary or permanent injunction restraining any
20person from violating this Act.
 
21    Section 35. CBD Safety Fund. The CBD Safety Fund is
22created as a special fund in the State treasury. Moneys in the
23Fund shall be utilized, subject to appropriation, by the

 

 

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1Department for the implementation, administration, and
2enforcement of this Act.
 
3    Section 40. Federal law; preemption. Notwithstanding any
4other provision of this Act, the State may not regulate the
5safety of cannabinoid products in a way that is inconsistent
6with a federal law, rule, or regulation that regulates the
7safety of cannabinoid products and is in effect on or after the
8effective date of this Act.
 
9    Section 90. The Illinois Administrative Procedure Act is
10amended by adding Section 5-45.8 as follows:
 
11    (5 ILCS 100/5-45.8 new)
12    Sec. 5-45.8. Emergency rulemaking; CBD Safety Act. To
13provide for the expeditious and timely implementation of the
14CBD Safety Act, emergency rules implementing the CBD Safety
15Act may be adopted in accordance with Section 5-45 by the
16Department of Agriculture. The adoption of emergency rules
17authorized by Section 5-45 and this Section is deemed to be
18necessary for the public interest, safety, and welfare.
19    This Section is repealed on January 1, 2027.
 
20    Section 95. The State Finance Act is amended by adding
21Section 5.935 as follows:
 

 

 

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1    (30 ILCS 105/5.935 new)
2    Sec. 5.935. The CBD Safety Fund.
 
3    Section 99. Effective date. This Act takes effect 180 days
4after becoming law.".