Full Text of SB2244 93rd General Assembly
SB2244ham001 93RD GENERAL ASSEMBLY
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Rep. John E. Bradley
Filed: 5/17/2004
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| AMENDMENT TO SENATE BILL 2244
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| AMENDMENT NO. ______. Amend Senate Bill 2244 by replacing | 3 |
| the title with the following:
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| "AN ACT concerning the retail sale of methamphetamine | 5 |
| manufacturing chemicals."; and | 6 |
| by replacing everything after the enacting clause with the | 7 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 9 |
| Methamphetamine Manufacturing Chemical Retail Sale Control | 10 |
| Act. | 11 |
| Section 5. Purpose. The purpose of this Act is to reduce | 12 |
| the harm that methamphetamine is inflicting on individuals, | 13 |
| families, communities, the economy, and the environment in | 14 |
| Illinois by making it more difficult for persons engaged in the | 15 |
| unlawful manufacture of methamphetamine to obtain | 16 |
| methamphetamine manufacturing chemicals. | 17 |
| Section 10. Definitions. In this Act: | 18 |
| "Methamphetamine manufacturing chemical" has the meaning | 19 |
| ascribed to it in subsection (z-1) of Section 102 of the | 20 |
| Illinois Controlled Substances Act.
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| "Targeted methamphetamine manufacturing chemical" and | 22 |
| "targeted medications" mean a subset of "methamphetamine |
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| manufacturing chemicals". "Targeted methamphetamine | 2 |
| manufacturing chemical" means any medication in the form of a | 3 |
| tablet, capsule, caplet, or similar product that is sold over | 4 |
| the counter, without a prescription, and that contains either | 5 |
| (A) more than 15 milligrams of ephedrine or its salts, optical | 6 |
| isomers, or salts of optical isomers or
(B) more than 15 | 7 |
| milligrams of pseudoephedrine or its salts, optical isomers, or | 8 |
| salts of optical isomers.
"Targeted methamphetamine | 9 |
| manufacturing chemical" does not include any medication in the | 10 |
| form of a liquid, liquid cap, gel cap, or other similar | 11 |
| substance, or any medication dispensed by a licensed pharmacist | 12 |
| pursuant to a valid prescription. | 13 |
| "Package" means an item packaged and marked for retail sale | 14 |
| that is not designed to be further broken down or subdivided | 15 |
| for the purpose of retail sale.
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| "Targeted package" means a package containing any amount of | 17 |
| a targeted methamphetamine manufacturing chemical. | 18 |
| "Single active ingredient targeted methamphetamine | 19 |
| manufacturing chemical" means a targeted methamphetamine | 20 |
| manufacturing chemical whose sole active ingredient is | 21 |
| ephedrine or its salts, optical isomers, or salts of optical | 22 |
| isomers; or pseudoephedrine or its salts, optical isomers, or | 23 |
| salts of optical isomers.
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| "Single active ingredient targeted package" means a | 25 |
| package containing any amount of single active ingredient | 26 |
| targeted methamphetamine manufacturing chemical.
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| "Multiple active ingredient targeted methamphetamine | 28 |
| manufacturing chemical" means a targeted methamphetamine | 29 |
| manufacturing chemical that contains at least one active | 30 |
| ingredient other than ephedrine or its salts, optical isomers, | 31 |
| or salts of optical isomers; or pseudoephedrine or its salts, | 32 |
| optical isomers, or salts of optical isomers. | 33 |
| "Multiple active ingredient targeted package" means a | 34 |
| package containing any amount of multiple active ingredient |
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| targeted methamphetamine manufacturing chemical. | 2 |
| "Stock keeping unit" or "SKU" means the primary or basic | 3 |
| unit of measure assigned to an item sold by a retail | 4 |
| distributor and the smallest unit of an item that may be | 5 |
| dispensed from a retail distributor's inventory. | 6 |
| "Targeted stock keeping unit" means a stock keeping unit | 7 |
| assigned to a targeted package.
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| "Blister pack" means a unit dose package commonly | 9 |
| constructed from a formed cavity containing one or more | 10 |
| individual doses.
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| "Capsule" means a solid dosage form in which a medicinal | 12 |
| substance is enclosed and consisting of either a hard or soft | 13 |
| soluble outer shell.
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| "Customer" means a person who buys goods from a retail | 15 |
| distributor.
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| "Distribute" means to sell, give, provide or otherwise | 17 |
| transfer.
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| "Dosage unit" means an exact amount of a drug's treatment | 19 |
| pre-packaged by the manufacturer or pharmacist in standardized | 20 |
| amounts.
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| "Sales employee" means any employee who at any time (a) | 22 |
| operates a cash register at which targeted packages may be | 23 |
| sold, (b) works at or behind a pharmacy counter, (c) stocks | 24 |
| shelves containing targeted packages, or (d) trains or | 25 |
| supervises other employees who engage in any of the preceding | 26 |
| activities. | 27 |
| "Tablet" means a solid dosage form of varying weight, size, | 28 |
| and shape that may be molded or compressed and that contains a | 29 |
| medicinal substance in pure or diluted form. | 30 |
| "Single retail transaction" means a sale by a retail | 31 |
| distributor to a specific customer at a specific time.
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| "Retail distributor" means a grocery store, general | 33 |
| merchandise store, drug store, other merchandise store, or | 34 |
| other entity or person whose activities as a distributor |
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| relating to drug products containing targeted methamphetamine | 2 |
| manufacturing chemicals are limited exclusively or almost | 3 |
| exclusively to sales for personal use, both in number of sales | 4 |
| and volume of sales, either directly to walk-in customers or in | 5 |
| face-to-face transactions by direct sales.
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| Section 15. Package sale restrictions. | 7 |
| (a) Any targeted methamphetamine manufacturing chemical | 8 |
| displayed or distributed by any retail distributor in Illinois | 9 |
| shall be packaged in blister packs, with each blister | 10 |
| containing not more than 2 dosage units, or when the use of | 11 |
| blister packs is technically infeasible, in unit dose packets | 12 |
| or pouches.
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| (b) Any targeted package displayed or distributed by any | 14 |
| retail distributor in Illinois shall contain no more than 3 | 15 |
| grams of ephedrine or its salts, optical isomers, or salts of | 16 |
| optical isomers; or pseudoephedrine or its salts, optical | 17 |
| isomers, or salts of optical isomers.
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| (c) A retail distributor may not distribute more than 2 | 19 |
| targeted packages in a single retail transaction.
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| (d) A retail distributor may not permit the purchase of any | 21 |
| targeted package by means of a self-service checkout station,
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| unless the self-service checkout station is programmed in a | 23 |
| manner that satisfies all of the following conditions for each | 24 |
| retail transaction:
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| (1) When a particular customer seeks to purchase a | 26 |
| single targeted package, the self-service checkout station | 27 |
| may allow him or her to do so without any special prompts | 28 |
| or actions.
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| (2) If the customer seeks to purchase a second targeted | 30 |
| package, the self-service checkout station shall not allow | 31 |
| him or her to purchase the second targeted package without | 32 |
| the assistance of a sales employee. If the customer then | 33 |
| seeks the assistance of a sales employee, the sales |
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| employee may instruct the self-service checkout station to | 2 |
| allow the sale of the second targeted package.
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| (3) If the customer seeks to purchase a third targeted | 4 |
| package, neither the self-service checkout station nor the | 5 |
| store employee shall allow him or her to do so.
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| (e) A retail distributor, its employees, or its agents may | 7 |
| not distribute any targeted package or packages with knowledge | 8 |
| that they will be used to manufacture methamphetamine or with | 9 |
| reckless disregard of the likely use of such package or | 10 |
| packages to manufacture methamphetamine.
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| Section 20. Display and sale of single active ingredient | 12 |
| targeted packages.
All single active ingredient targeted | 13 |
| packages must be displayed behind a store counter, in an area | 14 |
| not accessible to customers, or in a locked case so that a | 15 |
| customer wanting access to the packages must ask a store | 16 |
| employee for assistance. | 17 |
| Section 25. Display and sale of multiple active ingredient | 18 |
| targeted packages.
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| (a) Except as provided in subsection (b), every retail | 20 |
| distributor must treat multiple active ingredient targeted | 21 |
| packages in at least one of the following 4 ways:
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| (1) The retail distributor may display the multiple | 23 |
| active ingredient targeted packages behind a store | 24 |
| counter, in an area not accessible to customers;
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| (2) The retail distributor may display the multiple | 26 |
| active ingredient targeted packages in a locked case so | 27 |
| that a customer wanting access to the packages must ask a | 28 |
| store employee for assistance; | 29 |
| (3) The retail distributor may (i) require that any | 30 |
| customer purchasing a targeted package produce a | 31 |
| state-issued photo identification featuring a photograph | 32 |
| that reasonably resembles the customer making the |
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| purchase, and (ii) record the name, issuing state, and | 2 |
| official identification number of the customer into a log | 3 |
| specially designed and designated for this purpose; or | 4 |
| (4) The retail distributor may comply with this Section | 5 |
| by adopting at least 2 of the following options: | 6 |
| (A) The retail distributor may keep multiple | 7 |
| active ingredient targeted packages within 30 feet and | 8 |
| the direct line of sight of a cash register or store | 9 |
| counter staffed by one or more store employees. | 10 |
| (B) The retail distributor may employ a reliable | 11 |
| anti-theft device that uses special package tags and | 12 |
| detection alarms designed to prevent the theft of | 13 |
| multiple active ingredient targeted packages from the | 14 |
| retail distributor's place of business. | 15 |
| (C) The retail distributor may utilize restricted | 16 |
| access shelving so that (i) only one multiple active | 17 |
| ingredient targeted package can be removed from the | 18 |
| shelf at a time, and (ii) there is a delay of 15 | 19 |
| seconds or more between the time one such package is | 20 |
| removed and the time the next such package can be | 21 |
| removed from the shelf. | 22 |
| (D) The retail distributor may keep multiple | 23 |
| active ingredient targeted packages under constant | 24 |
| video surveillance in a manner that satisfies the | 25 |
| following conditions: | 26 |
| (i) A video camera must be positioned so that | 27 |
| persons examining or removing the packages are | 28 |
| visible; | 29 |
| (ii) The video camera must, at a minimum, | 30 |
| record a one-second image every 10 seconds; | 31 |
| (iii) These images must be preserved for a | 32 |
| minimum of 72 hours;
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| (iv) These images must be available to law | 34 |
| enforcement authorities immediately upon request; |
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| and
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| (v) The retail distributor must post a sign in | 3 |
| a prominent manner stating that the area is under | 4 |
| constant video surveillance. | 5 |
| (b) A retail distributor that complies with this Section by | 6 |
| adopting 2 of the options listed in
paragraph (4) of subsection | 7 |
| (a) of this Section must implement the first of the 2 chosen | 8 |
| options by the effective date of this Act and the second of the | 9 |
| 2 chosen options within 180 days of the
effective date of this | 10 |
| Act. | 11 |
| If the retail distributor's first chosen option is to | 12 |
| employ anti-theft devices as described in clause (a)(4)(B) of | 13 |
| this Section, the retailer shall ensure that special package | 14 |
| tags are affixed to at least 50 percent of the targeted | 15 |
| packages for each targeted stock keeping unit (SKU) by the | 16 |
| effective date of the Act, and that special package tags are | 17 |
| affixed to all targeted packages within 180 days of the | 18 |
| effective date of this Act. If the retail distributor's second | 19 |
| chosen option is to employ anti-theft devices as described in | 20 |
| clause (a)(4)(b) of this Section, the retail distributor shall | 21 |
| ensure that special package tags are affixed to all targeted | 22 |
| packages within 180 days of the effective date of this Act. | 23 |
| Section 30. Training and certification. | 24 |
| (a) Every retail distributor of any targeted | 25 |
| methamphetamine manufacturing chemical shall train each sales | 26 |
| employee on the topics listed on the certification form | 27 |
| described in subsection (b) of this Section. This training may | 28 |
| be conducted by a live trainer or by means of a computer-based | 29 |
| training program. This training shall be completed by the | 30 |
| effective date of this Act or within 30 days of the date that | 31 |
| each sales employee begins working for the retail distributor, | 32 |
| whichever of these 2 dates comes later. | 33 |
| (b) Immediately after training each sales employee as |
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| required in subsection (a) of this Section, every retail | 2 |
| distributor of any targeted methamphetamine manufacturing | 3 |
| chemical shall have each sales employee read, sign, and date a | 4 |
| certification form containing the following language:
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| (1)
My name is (insert name of employee) and I am an | 6 |
| employee of (insert name of business) at (insert street | 7 |
| address).
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| (2) I understand that in Illinois there are laws | 9 |
| governing the sale of certain over-the-counter medications | 10 |
| that contain a chemical called ephedrine or a second | 11 |
| chemical called pseudoephedrine. Medications that are | 12 |
| subject to these laws are called "targeted medications" and | 13 |
| they are sold in "targeted packages". | 14 |
| (3) I understand that "targeted medications" can be | 15 |
| used to manufacture the illegal and dangerous drug | 16 |
| methamphetamine and that methamphetamine is causing great | 17 |
| harm to individuals, families, communities, the economy, | 18 |
| and the environment throughout Illinois. | 19 |
| (4) I understand that under Illinois law, the store | 20 |
| where I work is not allowed to sell more than 2 "targeted | 21 |
| packages" in a single retail transaction. That means the | 22 |
| store cannot sell more than 2 "targeted packages" to a | 23 |
| single customer at one time.
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| (5) I understand that under Illinois law, the store | 25 |
| where I work cannot allow customers to buy "targeted | 26 |
| packages" at self-service check-out lanes, except under | 27 |
| certain conditions which have been described to me. | 28 |
| (6) I understand that under Illinois law, I cannot sell | 29 |
| "targeted medications" to a person if I know that the | 30 |
| person is going to use them to make methamphetamine. | 31 |
| (7) I understand that there are a number of ingredients | 32 |
| that are used to make the illegal drug methamphetamine, | 33 |
| including "targeted medications" sold in "targeted | 34 |
| packages." My employer has shown me a list of these various |
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| ingredients, and I have reviewed the list.
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| (8) I understand that there are certain procedures that | 3 |
| I should follow if I suspect that a store customer is | 4 |
| purchasing "targeted medications" or other products for | 5 |
| the purpose of manufacturing methamphetamine. These | 6 |
| procedures have been described to me, and I understand | 7 |
| them.
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| (c) A certification form of the type described in | 9 |
| subsection (b) of this Section may be signed with a handwritten | 10 |
| signature or a reliable electronic signature that includes, a | 11 |
| unique identifier for each employee. The certification shall be | 12 |
| retained by the retail distributor for each sales employee for | 13 |
| the duration of his or her employment and for at least 30 days | 14 |
| following the end of his or her employment. Any such form shall | 15 |
| be made available for inspection and copying by any law | 16 |
| enforcement officer upon request. | 17 |
| (d) The office of the Illinois Attorney General shall make | 18 |
| available to retail distributors the list of methamphetamine | 19 |
| ingredients referred to in subsection (b) of this Section. | 20 |
| Section 35. Violations. | 21 |
| (a) An individual who violates any provision of this Act is | 22 |
| guilty of a Class A misdemeanor for a first offense and a Class | 23 |
| 4 felony for a second or subsequent offense. | 24 |
| (b) Except as provided in subsections (c) and (d) of this | 25 |
| Section, the owner and the operator of a retail distributor | 26 |
| that violates any provision of this Act are guilty of a | 27 |
| business offense and subject to a fine of: | 28 |
| (1) $500 for a first offense; | 29 |
| (2) $1,000 for a second offense occurring at the same | 30 |
| retail location as and within 3 years of the prior offense; | 31 |
| and | 32 |
| (3) $5,000 for a third or subsequent offense occurring | 33 |
| at the same retail location as and within 3 years of the |
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| prior offenses.
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| (c) Any retail distributor that seeks to comply with | 3 |
| subsection (c) of Section 15 of this Act by installing | 4 |
| automated cash register prompts informing sales employees when | 5 |
| the two-package limit described in subsection (c) of Section 15 | 6 |
| of this Act has been exceeded shall be subject to all of the | 7 |
| penalties described in subsection (b) of this Section except as | 8 |
| follows: The owner and the operator of a retail distributor | 9 |
| that violates subsection (b) or subsection (c) of Section 30 of | 10 |
| this Act are guilty of a business offense and subject to a fine | 11 |
| of: | 12 |
| (1) $100 for a first offense; | 13 |
| (2) $200 for a second offense occurring at the same | 14 |
| retail location as and within 3 years of the prior offense; | 15 |
| (3) $500 for a third or subsequent offense occurring at | 16 |
| the same retail location as and within 3 years of the prior | 17 |
| offenses; | 18 |
| (4) $1,000 for a fourth offense occurring at the same | 19 |
| retail location as and within 3 years of the prior | 20 |
| offenses; and | 21 |
| (5) $5,000 for a fifth offense occurring at the same | 22 |
| retail location as and within 3 years of the prior | 23 |
| offenses. | 24 |
| (d) The owner and the operator of a retail distributor are | 25 |
| not liable for any violation of subsection (c) or subsection | 26 |
| (e) of Section 15 of this Act if and only if the owner and the | 27 |
| operator: | 28 |
| (1) strictly complied with subsections (a), (b), and | 29 |
| (d) of Section 15 of this Act, Sections 20 and 25 of this | 30 |
| Act, and subsection (a) of Section 30 of this Act; | 31 |
| (2) made a good-faith effort to ensure compliance with | 32 |
| subsections (c) and (e) of Section 15 of this Act; | 33 |
| (3) made a good-faith effort to comply with subsection | 34 |
| (b) and subsection (c) of Section 30 of this Act; and |
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| (4) had no advance knowledge of the violation or | 2 |
| violations in question and did not act in reckless | 3 |
| disregard of the likelihood of such violation or | 4 |
| violations. | 5 |
| Section 40. Defense of Necessity. Conduct which would | 6 |
| otherwise be an offense under this Act is justifiable by reason | 7 |
| of necessity if the accused was without blame in occasioning or | 8 |
| developing the situation and reasonably believed such conduct | 9 |
| was necessary to avoid a public or private injury greater than | 10 |
| the injury which might reasonably result from his or her own | 11 |
| conduct. | 12 |
| Section 45. Immunity from civil liability. In the event | 13 |
| that any agent or employee of a retail distributor reports to | 14 |
| any law-enforcement agency any suspicious activity concerning | 15 |
| a targeted methamphetamine manufacturing chemical or other | 16 |
| methamphetamine ingredient or ingredients, the agent or | 17 |
| employee and the retail distributor itself are immune from | 18 |
| civil liability based on allegations of defamation, libel, | 19 |
| slander, false arrest, or malicious prosecution, or similar | 20 |
| allegations, except in cases of willful or wanton misconduct. | 21 |
| Section 50. Special exclusion. If the United States Drug | 22 |
| Enforcement Administration has formally certified that a | 23 |
| targeted methamphetamine manufacturing chemical has been | 24 |
| produced in a manner that prevents its use for the manufacture | 25 |
| of methamphetamine, this Act does not apply to the sale of the | 26 |
| targeted methamphetamine manufacturing chemical produced in | 27 |
| that manner.
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| Section 55. Relationship to other laws and rules. Nothing | 29 |
| in this Act shall be construed to conflict with, contradict, | 30 |
| restrict, or in any way limit the enforcement of any federal or |
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| State law or rule, including but not limited to Section 216 of | 2 |
| the Illinois Controlled Substances Act.
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| Section 60. Preemption and home rule powers. | 4 |
| (a) Except as provided in subsection (b) of this Section, a | 5 |
| county or municipality, including a home rule unit, may | 6 |
| regulate the sale of targeted methamphetamine manufacturing | 7 |
| chemicals and targeted packages in a manner that is not more or | 8 |
| less restrictive than the regulation by the State under this | 9 |
| Act. This Section is a limitation under subsection (i) of | 10 |
| Section 6 of Article VII of the Illinois Constitution on the | 11 |
| concurrent exercise by home rule units of the powers and | 12 |
| functions exercised by the State. | 13 |
| (b) Any regulation of the sale of targeted methamphetamine | 14 |
| manufacturing chemicals and targeted packages by a home rule | 15 |
| unit that took effect on or before May 1, 2004, is exempt from | 16 |
| the provisions of subsection (a) of this Section.".
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