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| Public Act 101-0582 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Tobacco Products Compliance Act. | ||||
Section 5. Definitions. As used in this Act: | ||||
"Person" means any individual, corporation, partnership, | ||||
firm,
organization
or association. | ||||
"Tobacco product" means any product made or derived from | ||||
tobacco, any product containing tobacco, or any product | ||||
intended for or traditionally used with tobacco, including | ||||
papers, wraps, tubes, and filters. A product of a type that | ||||
has, in the past, been used in conjunction with tobacco or | ||||
nicotine use will be deemed a "tobacco product" regardless of | ||||
any labeling or descriptive language on such product stating | ||||
that the product is not intended for use with tobacco or for | ||||
non-tobacco use only or other similar language. | ||||
Section 10. Compliance reports. Any person who | ||||
manufactures any tobacco product in the State for distribution | ||||
or sale in the United States shall be required to provide | ||||
annually, by June 1, 2020 and by June 1 of each year | ||||
thereafter, a written certification, including supporting | ||||
evidence and documentation, of such person's compliance with | ||
Sections 903, 904, 905, and 920 of the federal Family Smoking | ||
Prevention and Tobacco Control Act to the Illinois Department | ||
of Public Health. Such person will also be required to provide, | ||
for each tobacco product manufactured, sold, or distributed by | ||
the person (including all tobacco products manufactured in the | ||
State by the person and all other tobacco products sold or | ||
distributed by the person) written evidence and documentation | ||
that each such tobacco product, as required by the Tobacco | ||
Control Act, is one of the following: (i) "grandfathered" (that | ||
is, first introduced into interstate commerce for commercial | ||
distribution in the United States on or before February 15, | ||
2007); (ii) "provisional" (that is, first introduced into | ||
interstate commerce for commercial distribution in the United | ||
States between February 15, 2007 and March 22, 2011, and for | ||
which a substantial equivalence report was submitted to the FDA | ||
by March 22, 2011); or (iii) determined to be "substantially | ||
equivalent" (that is, is the subject of a marketing | ||
authorization order from the FDA after review of a premarket | ||
submission intended to demonstrate substantial equivalence). | ||
Section 15. Private right of action. To enforce against a | ||
violation of the Act or any rule adopted under this Act by any | ||
local government or political subdivision as described in this | ||
Act, any interested party may file suit in circuit court in the | ||
county where the alleged violation occurred or where any person | ||
who is a party to the action resides. Actions may be brought by | ||
one or more persons for and on behalf of themselves and other | ||
persons similarly situated. If the interested party prevails in | ||
its enforcement action, it will be entitled to recover damages | ||
of 3 times its attorney's fees and costs, and, in addition, the | ||
court or other adjudicating body, at its discretion, may assess | ||
punitive damages for any wanton or flagrant violation of the | ||
law. | ||
Section 20. Rulemaking. The Department of Public Health | ||
shall adopt rules for the administration and enforcement of | ||
this Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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