HB4120 103RD GENERAL ASSEMBLY

LRB103 33340 SPS 63151 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4120

Introduced , by Rep. Margaret Croke

SYNOPSIS AS INTRODUCED:

New Act

Creates the Whipped Cream Charger Sales Restriction Act. Provides that no person, corporation, partnership, limited liability company, firm, or any other business entity doing business in the State shall sell or offer for sale a whipped cream charger to any person under the age of 21. Provides that any person, corporation, partnership, limited liability company, firm, or other business entity doing business in the State selling, offering for sale, or distributing whipped cream chargers shall require proof of legal age prior to allowing an individual to purchase or receive a shipment of whipped cream chargers. Provides that identification is not required of any individual who reasonably appears to be at least 25 years of age. Provides that an individual's appearance shall not constitute a defense in any proceeding alleging the sale or distribution of whipped cream chargers to an individual under 21 years of age. Provides that the Attorney General may impose a civil penalty after notice to the person, corporation, partnership, limited liability company, firm, or any other business accused of violating the Act and an opportunity for that person to be heard in the matter. Provides that the Attorney General may file a civil action in the circuit court to recover any penalty imposed under the Act. Provides that any person, corporation, partnership, limited liability company, firm, or any other business entity that violates the Act shall be subject to a civil penalty of not more than $250 for an initial offense and not more than $500 for the second and each subsequent offense.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Whipped Cream Charger Sales Restriction Act.

Section 5. Definition. As used in this Act, "whipped cream charger" means a steel cylinder or cartridge filled with nitrous oxide that is used as a whipping agent in a whipped cream dispenser. "Whipped cream charger" does not include disposable cans or canisters of whipped cream.

Section 10. Sales restrictions.

(a) No person, corporation, partnership, limited liability company, firm, or any other business entity doing business in this State shall sell or offer for sale a whipped cream charger to any person under the age of 21.

(b) Any person, corporation, partnership, limited liability company, firm, or other business entity doing business in this State selling, offering for sale, or distributing whipped cream chargers shall require proof of legal age prior to allowing an individual to purchase or receive a shipment of whipped cream chargers. Identification is not required of any individual who reasonably appears to be at least 25 years of age. An individual's appearance shall not constitute a defense in any proceeding alleging the sale or distribution of whipped cream chargers to an individual under 21 years of age.

Section 15. Enforcement.

(a) The Attorney General may impose a civil penalty after notice to the person, corporation, partnership, limited liability company, firm, or any other business accused of violating this Act and an opportunity for that person to be heard in the matter. The Attorney General may file a civil action in the circuit court to recover any penalty imposed under this Act.

(b) Any person, corporation, partnership, limited liability company, firm, or any other business entity that violates the provisions of this Act shall be subject to a civil penalty of not more than $250 for an initial offense and not more than $500 for the second and each subsequent offense.