Full Text of SB2637 103rd General Assembly
SB2637eng 103RD GENERAL ASSEMBLY | | | SB2637 Engrossed | | LRB103 35216 RPS 65198 b |
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| 1 | | AN ACT concerning health. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Food, Drug and Cosmetic Act is | 5 | | amended by changing Section 5 and by adding Section 13.5 as | 6 | | follows: | 7 | | (410 ILCS 620/5) (from Ch. 56 1/2, par. 505) | 8 | | Sec. 5. Penalties. | 9 | | (a) A person who violates any of the provisions of this | 10 | | Act, other than Sections 3.22 , and 6 , and 13.5 , is guilty of a | 11 | | Class C misdemeanor; but if the violation is committed after a | 12 | | conviction of such person under this Section has become final, | 13 | | the person shall be guilty of a Class A misdemeanor. A person | 14 | | who violates the provisions of Section 6 of this Act is guilty | 15 | | of a Class A misdemeanor; but if the violation is committed | 16 | | after a conviction of such person under this Section has | 17 | | become final, the person shall be guilty of a Class 4 felony. | 18 | | (b) No person is subject to the penalties of subsection | 19 | | (a) of this Section for (1) violating Section 3.1 or 3.3 if he | 20 | | establishes a guaranty or undertaking signed by and containing | 21 | | the name and address of the person residing in the State of | 22 | | Illinois from whom he received the article in good faith, to | 23 | | the effect that the article is not adulterated within the |
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| 1 | | meaning of this Act, designating this Act; or (2) for having | 2 | | violated clause (2) of Section 3.16 if such person acted in | 3 | | good faith and had no reason to believe that the use of the | 4 | | punch, die, plate, stone or other thing involved would result | 5 | | in a drug being a counterfeit drug, or for having violated | 6 | | clause (3) of Section 3.16 if the person doing the act or | 7 | | causing it to be done acted in good faith and had no reason to | 8 | | believe that the drug was a counterfeit drug. | 9 | | (c) No publisher, radio-broadcast licensee, agency or | 10 | | medium for the dissemination of an advertisement, except the | 11 | | manufacturer, packer, distributor or seller of the article to | 12 | | which a false advertisement relates is liable under this | 13 | | Section for the dissemination of such false advertisement | 14 | | unless he has refused on the request of the Director to furnish | 15 | | the Director the name and post office address of the | 16 | | manufacturer, packer, distributor, seller or advertising | 17 | | agency residing in the State of Illinois who causes him to | 18 | | disseminate such advertisement. | 19 | | (d) No person shall be subject to the penalties of | 20 | | subsection (a) of this Section for a violation of Section 3 | 21 | | involving misbranded food if the violation exists solely | 22 | | because the food is misbranded under subsection (c) of Section | 23 | | 11 because of its advertising, and no person shall be subject | 24 | | to the penalties of subsection (a) of this Section for such a | 25 | | violation unless the violation is committed with the intent to | 26 | | defraud or mislead. |
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| 1 | | (Source: P.A. 97-872, eff. 7-31-12.) | 2 | | (410 ILCS 620/13.5 new) | 3 | | Sec. 13.5. Prohibited food additives. | 4 | | (a) Beginning January 1, 2027, a person or entity shall | 5 | | not manufacture a food product for human consumption that | 6 | | contains any of the following substances: | 7 | | (1) Brominated vegetable oil (Chemical Abstract | 8 | | Services number 8016-94-2). | 9 | | (2) Potassium bromate (Chemical Abstract Services | 10 | | number 7758-01-2). | 11 | | (3) Propylparaben (Chemical Abstract Services number | 12 | | 94-13-3). | 13 | | (4) Red dye 3 (Chemical Abstract Services number | 14 | | 16423-68-0). | 15 | | (b) Beginning January 1, 2028, a person or entity shall | 16 | | not sell, deliver, distribute, hold, or offer for sale a food | 17 | | product for human consumption that contains any of the | 18 | | substances listed in paragraphs (1) through (4) of subsection | 19 | | (a). | 20 | | (c) A person or entity that violates subsection (a) or (b) | 21 | | shall be liable for a civil penalty not to exceed $5,000 for a | 22 | | first violation and not to exceed $10,000 for each subsequent | 23 | | violation. A violation of this Section may be enforced by the | 24 | | Attorney General or the State's Attorney of the county in | 25 | | which the violation occurred. |
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| 1 | | (d) This Section does not impair or impede any other | 2 | | rights, causes of action, claims, or defenses available under | 3 | | any other law. The remedies provided in this Section are | 4 | | cumulative with any other remedies available under any other | 5 | | law. |
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