093_SB0453

 
                                     LRB093 03307 SJM 03324 b

 1        AN ACT concerning tobacco.

 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    Disclosure of Ingredients in Tobacco Products Act.

 6        Section 5.  Annual report.
 7        (a)  For the purpose of protecting the public health, any
 8    manufacturer of cigarettes, snuff, or chewing tobacco sold in
 9    this State shall provide the Department of Public Health with
10    an  annual  report,  in a form and at a time specified by the
11    Department of Public Health, that lists  for  each  brand  of
12    product sold the following information:
13             (1)  the  identify  of  any  added constituent other
14        than tobacco, water, or reconstituted tobacco sheet  made
15        wholly  from  tobacco,  to  be listed in descending order
16        according to weight, measure, or numerical count; and
17             (2)  the  nicotine  yield   ratings,   which   shall
18        accurately predict nicotine intake for average consumers,
19        based on standards to be established by the Department of
20        Public Health.
21        (b)  The  nicotine  yield  ratings  so  provided, and any
22    other information in the annual reports with respect to which
23    the Department of Public Health determines that  there  is  a
24    reasonable   scientific   basis   for   concluding  that  the
25    availability of such information could reduce risks to public
26    health, shall be public records.  However, before any  public
27    disclosure  of  this  information,  the  Department of Public
28    Health shall request  the  advice  of  the  Attorney  General
29    whether  the  disclosure would constitute an unconstitutional
30    taking of property and shall  not  disclose  the  information
31    unless  and  until  the  Attorney  General  advises  that the
 
                            -2-      LRB093 03307 SJM 03324 b
 1    disclosure would not constitute an unconstitutional taking.
 2        (c)  This Section does not require a manufacturer, in its
 3    report to the Department of Public Health  or  otherwise,  to
 4    identify  or  disclose  the specific amount of any ingredient
 5    that has been approved by the Food and  Drug  Administration,
 6    Public Health Service, United States Department of Health and
 7    Human  Services  (FDA), or its successor agency, as safe when
 8    burned and inhaled or that has been designated by the FDA, or
 9    its successor agency, as generally recognized  as  safe  when
10    burned  and inhaled, according to the Generally Recognized As
11    Safe list of the FDA.
12        (d)  The annual reports required in this Section shall be
13    filed beginning in the year 2004.