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| | SB2637 Engrossed | | LRB103 35216 RPS 65198 b |
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| 1 | | AN ACT concerning health.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 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:
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| 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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| | SB2637 Engrossed | - 2 - | LRB103 35216 RPS 65198 b |
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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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| | SB2637 Engrossed | - 3 - | LRB103 35216 RPS 65198 b |
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| 1 | | (Source: P.A. 97-872, eff. 7-31-12.)
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| 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. |