Illinois General Assembly - Full Text of SB3411
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Full Text of SB3411  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/8/2024, by Sen. Julie A. Morrison


410 ILCS 86/15
410 ILCS 86/15a new
410 ILCS 86/35

    Amends the Preventing Youth Vaping Act. Provides that any distributor, secondary distributor, or retailer who sells, offers for sale, or distributes electronic cigarettes shall (i) obtain certification by the manufacturer stating that the electronic cigarettes are not adulterated; (ii) not sell, offer for sale, or distribute any electronic cigarettes for which it has not obtained a certification; (iii) maintain, for at least 2 years, a copy of any certification provided to it by a manufacturer; and (iv) produce a copy of any certification provided by a manufacturer upon request by the Department of Revenue, the Attorney General, or any entity with enforcement authority under the Act. Provides that no manufacturer of electronic cigarettes shall provide any false or misleading statement in any certification.

LRB103 39363 CES 69526 b





SB3411LRB103 39363 CES 69526 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Preventing Youth Vaping Act is amended by
5changing Sections 15 and 35 and by adding Section 15a as
7    (410 ILCS 86/15)
8    Sec. 15. Prohibitions.
9    (a) It is unlawful for a person to do any of the following:
10        (1) To sell or distribute in this State; to acquire,
11    hold, own, possess, or transport, for sale or distribution
12    in this State; or to import, or cause to be imported into
13    this State for sale or distribution in this State:
14            (A) any electronic cigarette with packaging that:
15                (i) bears any statement, label, stamp,
16            sticker, or notice indicating that the
17            manufacturer did not intend the electronic
18            cigarette to be sold, distributed, or used in the
19            United States, including, but not limited to,
20            labels stating "For Export Only", "U.S. Tax
21            Exempt", "For Use Outside U.S.", or similar
22            wording; or
23                (ii) does not comply with:



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1                    (I) all requirements imposed by or
2                pursuant to federal law regarding warnings and
3                other information on packages of electronic
4                cigarettes manufactured, packaged, or imported
5                for sale, distribution, or use in the United
6                States; and
7                    (II) all federal trademark and copyright
8                laws; and
9            (B) any electronic cigarette that the person
10        otherwise knows or has reason to know the manufacturer
11        did not intend to be sold, distributed, or used in the
12        United States.
13        (2) To alter the packaging of an electronic cigarette,
14    prior to sale or distribution to the ultimate consumer, so
15    as to remove, conceal, or obscure any statement, label,
16    stamp, sticker, or notice required under this Section or
17    federal law.
18        (3) To affix any stamp required under this Act to the
19    packaging of any electronic cigarettes described in
20    subparagraph (A) of paragraph (1) or altered in violation
21    of subparagraph (A) of paragraph (1).
22        (4) To adulterate an electronic cigarette for sale in
23    this State. An electronic cigarette is adulterated if:
24            (A) it consists in whole or in part of any filthy,
25        putrid, or decomposed substance, or is otherwise
26        contaminated by any added poisonous or deleterious



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1        substance that may render the product injurious to
2        health;
3            (B) it is held or packaged in containers composed,
4        in whole or in part, of any poisonous or deleterious
5        substance that may render the contents injurious to
6        health; or
7            (C) it is required by 21 U.S.C. 387j(a) to have
8        premarket review and does not have an order in effect
9        under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of
10        an order under 21 U.S.C. 387j(c)(1)(A).
11    Electronic cigarettes first sold prior to August 8, 2016
12and for which a pending premarket tobacco product application
13was submitted to the U.S. Food and Drug Administration by
14September 9, 2020 shall not be deemed to be adulterated under
15subparagraph (C) of paragraph (4) of this subsection.
16    (b) A distributor, secondary distributor, retailer, or
17person who violates this Section shall be guilty of a Class 4
19    (c) Any violation of this Act shall be reported to the
20Department of Revenue within 7 business days.
21(Source: P.A. 102-575, eff. 1-1-22.)
22    (410 ILCS 86/15a new)
23    Sec. 15a. Certifications.
24    (a) Any distributor, secondary distributor, or retailer
25who sells, offers for sale, or distributes electronic



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1cigarettes in this State shall:
2        (1) obtain, upon purchase of any electronic cigarettes
3    for sale or distribution in this State, a certification by
4    the manufacturer of the electronic cigarettes stating that
5    the electronic cigarettes are not adulterated as that term
6    is used in paragraph (4) of Section 15, and, for purposes
7    of determining compliance with subparagraph (C) of
8    paragraph (4), the certification shall include the date on
9    which the electronic cigarette's pending premarket tobacco
10    product application was submitted to the United States
11    Food and Drug Administration or the date on which the
12    electronic cigarette received a marketing granted order
13    from the United States Food and Drug Administration;
14        (2) not sell, offer for sale, or distribute any
15    electronic cigarettes in this State for which it has not
16    obtained the certification described in paragraph (1);
17        (3) maintain, for at least 2 years, a copy of any
18    certification provided to it by a manufacturer under
19    paragraph (1); and
20        (4) produce a copy of any certification provided to it
21    by a manufacturer under paragraph (1) upon request by the
22    Department of Revenue, the Attorney General, or any entity
23    with enforcement authority under subsection (b) of Section
24    10 of this Act.
25    (b) No manufacturer of electronic cigarettes shall provide
26any false or misleading statement in any certification



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1provided to a distributor, secondary distributor, or retailer
2under paragraph (1).
3    (410 ILCS 86/35)
4    Sec. 35. Violations.
5    (a) Upon a finding that a distributor, secondary
6distributor, retailer, or person has committed any of the
7conduct prohibited under this Act or any rule adopted under
8this Act, knowing or having reason to know that he or she has
9done so, the Department of Revenue may: revoke or suspend the
10license or licenses of the distributor, secondary distributor,
11retailer, or person pursuant to the procedures set forth in
12the Cigarette Tax Act, Cigarette Use Tax Act, or the Tobacco
13Products Tax Act of 1995; and impose on the distributor,
14secondary distributor, retailer, or person a civil penalty in
15an amount not to exceed the greater of 500% of the retail value
16of the electronic cigarettes involved or $10,000.
17    (b) Electronic cigarettes that are acquired in, held in,
18owned in, possessed in, transported within, imported into, or
19sold or distributed across this State in violation of this Act
20shall be deemed contraband under this Act and are subject to
21seizure and forfeiture as provided in subsection (g) of
22Section 1 of the Prevention of Tobacco Use by Persons under 21
23Years of Age and Sale and Distribution of Tobacco Products
24Act, and all such electronic cigarettes seized and forfeited
25shall be destroyed or maintained and used in an undercover



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1capacity. Such electronic cigarettes shall be deemed
2contraband whether the violation of this Act is knowing or
4    (c) The Attorney General may enforce violations of Section
515, 15a, or 25 of this Act as an unlawful practice under the
6Consumer Fraud and Deceptive Business Practices Act.
7(Source: P.A. 102-575, eff. 1-1-22.)