Full Text of SB2950 97th General Assembly
SB2950enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Toxin-Free Toddler Act. | 6 | | Section 5. Definitions. | 7 | | "Child" means any person
who is less than 3 years of age. | 8 | | "Children's food or beverage container" means an empty | 9 | | bottle or cup to be filled with food or liquid that is designed | 10 | | or intended by a manufacturer to be used by a child. | 11 | | "Manufacturer" means any person who makes and places a | 12 | | children's food or beverage container into the stream of | 13 | | commerce. | 14 | | "Retailer" means any person other than a manufacturer, | 15 | | distributor, or wholesaler who sells at retail children's food | 16 | | or beverage containers. "Sell at retail" has the same meaning | 17 | | as provided under Section 1 of the Retailers' Occupation Tax | 18 | | Act. | 19 | | "Wholesaler" means any person, other than a manufacturer or | 20 | | retailer, who sells or resells or otherwise places a children's | 21 | | food or beverage container into the stream of commerce. | 22 | | Section 10. Prohibit Bisphenol A in children's food or |
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| 1 | | beverage containers. | 2 | | (a) Beginning January 1, 2013, a manufacturer or wholesaler | 3 | | may not sell or offer for sale in this State a children's food | 4 | | or beverage container that contains bisphenol A. | 5 | | (b) Beginning January 1, 2014, a retailer may not knowingly | 6 | | sell or offer for sale in this State a children's food or | 7 | | beverage container that contains bisphenol A. | 8 | | (c) This Section does not apply to the sale of a used | 9 | | children's food or beverage container. | 10 | | Section 15. Enforcement. | 11 | | (a) The Attorney General may bring an action in the name of | 12 | | the
People of the State of Illinois to enforce the provisions | 13 | | of this Act in the circuit court of any county in which a | 14 | | violation occurs. | 15 | | (b) When (i) it appears to the Attorney General that a | 16 | | manufacturer, wholesaler, or retailer has engaged in or is | 17 | | engaging in any practice declared to be in violation of this | 18 | | Act, or (ii) the Attorney General receives a written complaint | 19 | | from a consumer of the commission of a practice declared to be | 20 | | in violation of this Act, or (iii) the Attorney General | 21 | | believes it to be in the public interest that an investigation | 22 | | should be made to ascertain whether a person in fact has | 23 | | engaged in or is engaging in any practice declared to be in | 24 | | violation of this Act, the Attorney General may: | 25 | | (1) Require that person to file, on terms that the |
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| 1 | | Attorney General prescribes, a statement or report in | 2 | | writing under oath or otherwise, as to all information the | 3 | | Attorney General considers necessary. | 4 | | (2)
Examine under oath any person in connection with | 5 | | the conduct of any trade or commerce. | 6 | | (3) Examine any merchandise or sample thereof, record, | 7 | | book, document, account, or paper the Attorney General | 8 | | considers necessary. | 9 | | (4) Pursuant to an order of the circuit court, impound | 10 | | any record, book, document, account, paper, or sample of a | 11 | | children's food or beverage container, and retain it in the | 12 | | Attorney General's possession until the completion of all | 13 | | proceedings in connection with which it is produced. | 14 | | (c) In the administration of this Act, the Attorney General | 15 | | may accept an assurance of voluntary compliance with respect to | 16 | | any practice deemed to be a violation of this Act from any | 17 | | manufacturer, wholesaler, or retailer who has engaged in or is | 18 | | engaging in that practice. Evidence of the violation of an | 19 | | assurance of voluntary compliance shall be prima facie evidence | 20 | | of a violation of this Act in any subsequent proceeding brought | 21 | | by the Attorney General against the alleged violator with | 22 | | regard to the specific violation or violations addressed in the | 23 | | assurance of voluntary compliance. | 24 | | (d) Whenever the Attorney General has reason to believe | 25 | | that any manufacturer, wholesaler, or retailer has engaged in | 26 | | or is engaging in any practice in violation of this Act and |
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| 1 | | that proceedings would be in the public interest, he or she may | 2 | | bring an action in the name of the People of the State against | 3 | | that manufacturer, wholesaler, or retailer to restrain by | 4 | | preliminary or permanent injunction the use of that practice. | 5 | | (e) Civil penalties paid under Section 20 shall be | 6 | | deposited into the Attorney General Court Ordered and Voluntary | 7 | | Compliance Payment Projects Fund. Moneys in the Fund shall be | 8 | | used, subject to appropriation, for the performance of any | 9 | | function pertaining to the exercise of the duties of the | 10 | | Attorney General, including, but not limited to, enforcement of | 11 | | any law of this State and conducting public education programs. | 12 | | Any moneys in the Fund that are required by the court or by an | 13 | | agreement to be used for a particular purpose must be used for | 14 | | that purpose, however. | 15 | | Section 20. Penalties. A manufacturer, retailer, or | 16 | | wholesaler who violates this Act is subject to a civil penalty | 17 | | in an amount not to exceed $200 for each day that the violation | 18 | | continues.
| 19 | | Section 98. Repeal. This Act shall be repealed if the | 20 | | United States Food and Drug Administration promulgates a final | 21 | | rule amending its food additive regulations in order to | 22 | | prohibit the use of polycarbonate resins in infant feeding | 23 | | bottles and spill-proof cups. | 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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