Rep. Bob Morgan
Filed: 2/26/2021
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 147 




2    AMENDMENT NO. ______. Amend House Bill 147 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 1. Short title. This Act may be cited as the CBD 
5Safety Act.
 
6    Section 5. Definitions. In this Act:
7    "Cannabinoid product" means a product offered for sale 
8that contains cannabinoids and is not regulated under the 
9Compassionate Use of Medical Cannabis Program Act, the 
10Cannabis Regulation and Tax Act, or the Industrial Hemp Act.
11    "Department" means the Department of Agriculture.
12    "Director" means the Director of Agriculture.
 
13    Section 10. Cannabinoid product labeling and testing 
14requirements. No person shall manufacture, process, or offer 
15for sale a cannabinoid product unless the cannabinoid product 
 
 
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1has labeling and has undergone lab testing that meet labeling 
2and minimum testing requirements pursuant to rules adopted by 
3the Department under subsection (b) of Section 15.
 
4    Section 15. Administration and enforcement; rules; 
5emergency rules; inspection. 
6    (a) The Department shall administer and enforce this Act 
7and may adopt rules under the Illinois Administrative 
8Procedure Act for the purpose of administering and enforcing 
9this Act.
10    (b) The Department shall develop rules setting forth 
11labeling and minimum testing requirements of cannabinoid 
12products.
13    (c) In order to provide for the expeditious and timely 
14implementation of the provisions of this Act, the Department 
15may adopt emergency rules in accordance with Section 5-45 of 
16the Illinois Administrative Procedure Act to the extent 
17necessary to administer the Department's responsibilities 
18under this Act. The adoption of emergency rules authorized by 
19this subsection (c) is deemed to be necessary for the public 
20interest, safety, and welfare.
21    (d) The Department of Public Health, local health 
22departments, the Illinois State Police, local sheriff's 
23departments, municipal police departments, the Department of 
24Revenue, and the Department may inspect any business that 
25manufactures, processes, or offers for sale cannabinoid 
 
 
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1products in the State to ensure compliance with this Act.
 
2    Section 20. Administrative penalties; judicial review. The 
3following administrative fines may be imposed by the 
4Department upon any person or entity who violates any 
5provision of this Act or any rule adopted by the Department 
6under this Act:
7        (1) A penalty of $500 for a first violation.
8        (2) A penalty of $1,500 for a second violation at the 
9    same location within 2 years of the first violation.
10        (3) A penalty of $2,500 for a third or subsequent 
11    violation at the same location within 2 years of the 
12    second violation.
13    Moneys collected by the Department under this Section 
14shall be deposited into the CBD Safety Fund. Any penalty of 
15$2,500 or greater that is not paid within 120 days of issuance 
16of notice from the Department shall be submitted to the 
17Department of Revenue for collection as provided under the 
18Illinois State Collection Act of 1986. The Department may 
19prohibit any person from selling or distributing a cannabinoid 
20product for failure to pay an administrative monetary penalty 
21within 60 days of issuance of notice from the Department.
22    All final administrative decisions of the Department are 
23subject to judicial review under the Administrative Review 
24Law. The term "administrative decision" has the  meaning 
25ascribed to that term in  Section 3-101 of the Code of Civil 
 
 
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1Procedure.
 
2    Section 25. Publishing information. The Department shall 
3make available to the public complaints about cannabinoid 
4products, information regarding a pending administrative 
5hearing or court case under this Act, or any disciplinary 
6action taken against a cannabinoid product manufacturer, 
7processor, or seller.
 
8    Section 30. Temporary restraining order or injunction. The 
9Director, through the Attorney General, may file a complaint 
10and apply to the circuit court for, and the court upon hearing 
11and for cause shown may grant, a temporary restraining order 
12or a preliminary or permanent injunction restraining any 
13person from violating this Act.
 
14    Section 35. CBD Safety Fund. The CBD Safety Fund is 
15created as a special fund in the State treasury. Moneys in the 
16Fund shall be utilized by the Department for the 
17implementation, administration, and enforcement of this Act.
 
18    Section 40. Federal law; preemption. Notwithstanding any 
19other provision of this Act, the State may  not regulate the 
20safety of cannabinoid products in a way that is inconsistent 
21with a federal law, rule, or regulation that regulates the 
22safety of cannabinoid products and is in effect after the 
 
 
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1effective date of this Act.
 
2    Section 90. The Illinois Administrative Procedure Act is 
3amended by adding Section 5-45.8 as follows:
 
4    (5 ILCS 100/5-45.8 new)
5    Sec. 5-45.8. Emergency rulemaking; CBD Safety Act. To 
6provide for the expeditious and timely implementation of the 
7CBD Safety Act, emergency rules implementing the CBD Safety 
8Act may be adopted in accordance with Section 5-45 by the 
9Department of Agriculture. The adoption of emergency rules 
10authorized by Section 5-45 and this Section is deemed to be 
11necessary for the public interest, safety, and welfare.
12    This Section is repealed on January 1, 2027.
 
13    Section 95. The State Finance Act is amended by adding 
14Section 5.935 as follows:
 
15    (30 ILCS 105/5.935 new)
16    Sec. 5.935. The CBD Safety Fund.
 
 
17    Section 99. Effective date. This Act takes effect 180 days 
18after becoming law.".