Illinois General Assembly - Full Text of HB2311
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Full Text of HB2311  93rd General Assembly

HB2311eng 93rd General Assembly


HB2311 Engrossed                     LRB093 10882 MBS 11394 b

 1        AN ACT concerning public health.

 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    Ephedra Prohibition Act.

 6        Section 5.  Findings.  The  General  Assembly  finds  the
 7    following:
 8             (1)  Over 3 billion servings of ephedra are consumed
 9        by Americans each year.
10             (2)  Ephedra,  or ma huang, has been associated with
11        a wide range of severe adverse events, including death.
12             (3)  The  U.S.  Food  and  Drug  Administration  has
13        received over 18,000  reports  of  adverse  reactions  by
14        ephedra   users,   including   strokes,  seizures,  heart
15        attacks, and deaths.
16             (4)  The Inspector General of the U.S. Department of
17        Health and Human Services noted in a  report  on  ephedra
18        adverse  events  that  60%  of  those adverse events were
19        experienced by people under the age of 40.
20             (5)  A study reported  in  the  Annals  of  Internal
21        Medicine  concluded  that,  compared  with  other  herbs,
22        ephedra  is  associated with a greatly increased risk for
23        adverse reactions and that the use of ephedra  should  be
24        restricted.
25             (6)  The   American   Medical  Association  and  the
26        consumer  group,  Public  Citizen,  have  called  for   a
27        nationwide ban on ephedra.
28             (7)  The  National Collegiate Athletics Association,
29        the  National  Football  League,  and  the  International
30        Olympic Committee have all banned ephedra  use  by  their
31        athletes  because  of  concerns  about the safety of this
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 1        dietary supplement.
 2             (8)  The U.S. Army has banned the  sale  of  ephedra
 3        products  in  army  commissaries  worldwide after 33 army
 4        personnel died from consuming ephedra products.
 5             (9)  Canada, Britain, Germany,  and  Australia  have
 6        all taken steps to restrict the sale of ephedra products.

 7        Section  10.  Purpose.  The purpose of this Act is to ban
 8    the sale of  all  dietary  supplements  containing  ephedrine
 9    alkaloids  in  the State of Illinois regardless of the age of
10    the purchaser in order  to  protect  the  health  and  public
11    safety of Illinois residents.

12        Section 15. Definitions:
13        "Ephedra"  means  herbs  and herbal products that contain
14    ephedrine alkaloids, including  ma  huang,  Chinese  ephedra,
15    ephedra sinica, ephedra herb powder, epitonin, or any extract
16    of  those  substances,  but  does  not  include any drug that
17    contains ephedrine and  is  lawfully  sold,  transferred,  or
18    furnished  over  the  counter  with or without a prescription
19    pursuant to the federal Food,  Drug,  and  Cosmetic  Act  (21
20    U.S.C.  301  and following) or regulations adopted under that
21    Act.
22        "Person"   means   any   natural   person,    individual,
23    corporation,   unincorporated   association,  proprietorship,
24    firm, partnership, joint venture, joint stock association, or
25    any other business organization or entity.

26        Section 20. Prohibition.
27        (a)  No person may sell or offer  for  sale  any  dietary
28    supplement  containing  any  quantity of ephedra or ephedrine
29    alkaloids to any person located within the State  or  to  any
30    person making the purchase from within the State.
31        (b)  The  prohibition  in  subsection (a) of this Section
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 1    does not apply to the  sale  of  any  product  that  receives
 2    explicit  approval as safe and effective for its intended use
 3    under the federal Food, Drug, and  Cosmetic  Act  (21  U.S.C.
 4    355)  or  is  lawfully  marketed  under  an  over-the-counter
 5    monograph issued by the U.S. Food and Drug Administration.

 6        Section 25. Penalties.
 7        (a) Any person who violates this Act is guilty of a Class
 8    A misdemeanor.  The penalty is imprisonment for less than one
 9    year  or  a  fine of not more than $5,000 or both for a first
10    offense.
11        (b)  For a subsequent violation of this Act, a person  is
12    guilty  of  a Class 3 felony, and the penalty is imprisonment
13    for less than 5 years or a fine of not more than  $20,000  or
14    both.

15        Section  99.  Effective  date. This Act shall take effect
16    upon becoming law.