SB2950ham001 97TH GENERAL ASSEMBLY

Rep. Elaine Nekritz

Filed: 5/4/2012

09700SB2950ham001 LRB097 15454 JDS 69245 a

AMENDMENT TO SENATE BILL 2950

AMENDMENT NO. ______. Amend Senate Bill 2950 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Toxin-Free Toddler Act.

Section 5. Definitions.

"Child" means any person who is less than 3 years of age.

"Children's food or beverage container" means an empty bottle or cup to be filled with food or liquid that is designed or intended by a manufacturer to be used by a child.

"Manufacturer" means any person who makes and places a children's food or beverage container into the stream of commerce.

"Retailer" means any person other than a manufacturer, distributor, or wholesaler who sells at retail children's food or beverage containers. "Sell at retail" has the same meaning as provided under Section 1 of the Retailers' Occupation Tax Act.

"Wholesaler" means any person, other than a manufacturer or retailer, who sells or resells or otherwise places a children's food or beverage container into the stream of commerce.

Section 10. Prohibit Bisphenol A in children's food or beverage containers.

(a) Beginning January 1, 2013, a manufacturer or wholesaler may not sell or offer for sale in this State a children's food or beverage container that contains bisphenol A.

(b) Beginning January 1, 2014, a retailer may not knowingly sell or offer for sale in this State a children's food or beverage container that contains bisphenol A.

(c) This Section does not apply to the sale of a used children's food or beverage container.

Section 15. Enforcement.

(a) The Attorney General may bring an action in the name of the People of the State of Illinois to enforce the provisions of this Act in the circuit court of any county in which a violation occurs.

(b) When (i) it appears to the Attorney General that a manufacturer, wholesaler, or retailer has engaged in or is engaging in any practice declared to be in violation of this Act, or (ii) the Attorney General receives a written complaint from a consumer of the commission of a practice declared to be in violation of this Act, or (iii) the Attorney General believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in or is engaging in any practice declared to be in violation of this Act, the Attorney General may:

(1) Require that person to file, on terms that the Attorney General prescribes, a statement or report in writing under oath or otherwise, as to all information the Attorney General considers necessary.

(2) Examine under oath any person in connection with the conduct of any trade or commerce.

(3) Examine any merchandise or sample thereof, record, book, document, account, or paper the Attorney General considers necessary.

(4) Pursuant to an order of the circuit court, impound any record, book, document, account, paper, or sample of a children's food or beverage container, and retain it in the Attorney General's possession until the completion of all proceedings in connection with which it is produced.

(c) In the administration of this Act, the Attorney General may accept an assurance of voluntary compliance with respect to any practice deemed to be a violation of this Act from any manufacturer, wholesaler, or retailer who has engaged in or is engaging in that practice. Evidence of the violation of an assurance of voluntary compliance shall be prima facie evidence of a violation of this Act in any subsequent proceeding brought by the Attorney General against the alleged violator with regard to the specific violation or violations addressed in the assurance of voluntary compliance.

(d) Whenever the Attorney General has reason to believe that any manufacturer, wholesaler, or retailer has engaged in or is engaging in any practice in violation of this Act and that proceedings would be in the public interest, he or she may bring an action in the name of the People of the State against that manufacturer, wholesaler, or retailer to restrain by preliminary or permanent injunction the use of that practice.

(e) Civil penalties paid under Section 20 shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General, including, but not limited to, enforcement of any law of this State and conducting public education programs. Any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose must be used for that purpose, however.

Section 20. Penalties. A manufacturer, retailer, or wholesaler who violates this Act is subject to a civil penalty in an amount not to exceed $200 for each day that the violation continues.

Section 98. Repeal. This Act shall be repealed if the United States Food and Drug Administration promulgates a final rule amending its food additive regulations in order to prohibit the use of polycarbonate resins in infant feeding bottles and spill-proof cups.

Section 99. Effective date. This Act takes effect upon becoming law.".