(430 ILCS 110/0.01) (from Ch. 121 1/2, par. 344)
Sec. 0.01.
Short title.
This Act may be cited as the
Eyeglass Frame and Lens Act.
(Source: P.A. 86-1324.)
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(430 ILCS 110/1) (from Ch. 121 1/2, par. 345)
Sec. 1.
No person shall distribute or sell any eyeglasses or sunglasses unless
the eyeglasses or sunglasses are fitted with
impact resistant lenses, except
in those cases where the physician or optometrist, having found that such
lenses will not fulfill the visual requirements of the particular patient,
directs in writing the use of other lenses and gives written notification
thereof to the patient. Before they are mounted in frames, all
lenses shall be capable of withstanding an impact test
of a 5/8 inch steel ball dropped 50 inches. This test is to be conducted at
room temperature with the lens supported by a plastic tube (one inch inside
diameter and 1 1/4 inches outside diameter) with a 1/8 inch x 1/8 inch
neoprene gasket on the top edge.
(Source: P.A. 79-925.)
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(430 ILCS 110/2) (from Ch. 121 1/2, par. 346)
Sec. 2.
No person shall distribute, sell or have in his possession with intent
to distribute or sell, any eyeglass frame or sunglass frame containing any
form of cellulose nitrate or other highly flammable materials. The
manufacturing optician shall inspect the finished eyewear and certify in
writing to the consumer that the provisions of this Act have been complied
with.
(Source: P.A. 78-931.)
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(430 ILCS 110/3) (from Ch. 121 1/2, par. 347)
Sec. 3.
Any person who violates Section 1 or Section 2 of this Act is guilty of
a Class C misdemeanor for the first offense, and a Class A misdemeanor for
any subsequent offenses.
(Source: P.A. 78-931.)
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(430 ILCS 110/4) (from Ch. 121 1/2, par. 348)
Sec. 4.
The Illinois Department of Public Health shall adopt rules and
regulations for the administration of this Act.
(Source: P.A. 78-931.)
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(430 ILCS 110/5) (from Ch. 121 1/2, par. 348.1)
Sec. 5.
The Director is authorized to conduct examinations, inspections, and
investigations for the purposes of this Act through officers and employees
of the Department.
For purposes of enforcement of this Act, officers or employees
duly designated by the Director, upon presenting appropriate credentials
to the owner, operator or agent in charge are authorized: to enter, at
reasonable times, any factory, warehouse, or
establishment in which lenses or frames are manufactured,
processed, packed, or held for introduction into commerce
or are held after such introduction, or to enter any vehicle
being used to transport or hold such lenses or frames in
commerce; to inspect, at reasonable times and within reasonable
limits and in a reasonable manner, such factory, warehouse,
establishment, or vehicle, and all pertinent equipment,
finished and unfinished materials; and to obtain samples
of such materials or packages thereof.
If the officer or employee obtains any sample, prior to
leaving the premises, he shall give to the owner, operator, or
agent in charge a receipt describing the samples obtained. If
an analysis is made of such sample, a copy of the results of
such analysis shall be furnished promptly to the owner, operator, or agent in charge.
(Source: P.A. 79-925.)
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(430 ILCS 110/6) (from Ch. 121 1/2, par. 348.2)
Sec. 6.
Carriers engaged in commerce and persons receiving
lenses and frames in commerce or holding such products so received,
shall upon the request of an officer or employee duly designated
by the Director permit such officer or employee, at reasonable times,
to have access to and to copy all records showing movement in commerce
of lenses or frames or the holding thereof during or after
such movement, and the quantity, shipper and consignee thereof
and it is unlawful for any such carrier or person to fail to permit
access to and copying of any such records so requested when
such request is accompanied by a statement in writing specifying
the nature of the information requested; provided, that evidence
obtained under this Section shall not be used in a criminal prosecution
of the person from whom obtained and carriers shall not be
subject to the other provisions of this Act by reason of their
receipt, carriage, holding or delivery of lenses or frames in the
usual course of business as carriers.
(Source: P.A. 79-925.)
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(430 ILCS 110/7) (from Ch. 121 1/2, par. 348.3)
Sec. 7.
A.
When the Director or an authorized agent of the
Director finds or has probable cause to believe that lenses or
frames are not in compliance with the provisions of this Act, he
or she shall affix to such article a tag or other appropriate marking
giving notice that the article is or is suspected of being such
a substance and has been detained or embargoed and warning all
persons not to remove or dispose of such article by sale or
otherwise until permission for removal or disposal is given by
such agent or the court. It is unlawful for any person to
remove or dispose of such detained or embargoed article by sale
or otherwise without permission.
B. When an article detained or embargoed under subsection
(A) of this Section is found by such agent not to be in compliance
with the provisions of this Act, he or she shall file a complaint
in the circuit court
in the county where the article is detained or
embargoed for an order of condemnation of such article. When such
agent finds that
an article so detained or embargoed is in compliance with the provisions
of this Act, he or she shall remove the tag or marking.
(Source: P.A. 83-346.)
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(430 ILCS 110/8) (from Ch. 121 1/2, par. 348.4)
Sec. 8.
If it shall appear from examination, inspection or
evidence that any of the provisions of this Act are being violated,
the Department may cause notice of such violations to be given to
such violator in writing at least 10 days prior to the date set for
hearing. Such notice may be served by delivery thereof personally
to such violator, or by mailing it by certified mail to such violator
at his last known address. At the time and place fixed in the notice,
the Department shall proceed to hearing on the charges and such
violator shall be accorded ample opportunity to present in person or
by counsel such statements, testimony, evidence and argument as may
be pertinent to the charges or to any defense thereto.
(Source: P.A. 79-925.)
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(430 ILCS 110/9) (from Ch. 121 1/2, par. 348.5)
Sec. 9.
The Department has power to subpoena and bring before
it any person in this State and to take testimony, either orally or
by deposition, or both, with the same fees and mileage payable to such persons
as prescribed
by law in civil cases in this State.
(Source: P.A. 79-925.)
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(430 ILCS 110/10) (from Ch. 121 1/2, par. 348.6)
Sec. 10.
The Director or Hearing Officer shall cause a record
of the hearings to be kept and shall provide any
party to the hearing a transcript of the evidence presented upon
payment of the cost thereof.
The Department shall make a report of its findings and
recommendations. A copy of the report shall be served upon
the person charged with violation, either personally or by
certified mail, as provided for service of notice.
(Source: P.A. 79-925.)
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(430 ILCS 110/11) (from Ch. 121 1/2, par. 348.7)
Sec. 11.
Any final decision, order or determination
rendered by the
department affecting the legal rights, duties or privileges of any party
shall be subject to
judicial review pursuant to the provisions of the Administrative Review
Law, and all amendments and modifications thereof, and the rules
adopted pursuant thereto.
(Source: P.A. 82-783.)
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