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Public Act 102-0575 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Preventing Youth Vaping Act. | ||||
Section 5. Definitions. In this Act: | ||||
"Additive" means any substance the intended use of which | ||||
results or may reasonably be expected to result, directly or | ||||
indirectly, in it becoming a component or otherwise affecting | ||||
the characteristic of any tobacco product, including, but not | ||||
limited to, any substances intended for use as a flavoring or | ||||
coloring or in producing, manufacturing, packing, processing, | ||||
preparing, treating, packaging, transporting, or holding. | ||||
"Additive" does not include tobacco or a pesticide chemical | ||||
residue in or on raw tobacco or a pesticide chemical. | ||||
"Consumer" means an individual who acquires or seeks to | ||||
acquire electronic cigarettes for personal use. | ||||
"Distributor" means a person who sells, offers for sale, | ||||
or transfers any tobacco, electronic cigarette, or tobacco | ||||
product for resale and not for use or consumption. | ||||
"Distributor" includes a distributor as defined in Section 1 | ||||
of the Cigarette Tax Act, Section 1 of the Cigarette Use Tax | ||||
Act, and Section 10-5 of the Tobacco Products Tax Act of 1995. |
"Electronic cigarette" means: | ||
(1) any device that employs a battery or other | ||
mechanism to heat a solution or substance to produce a | ||
vapor or aerosol intended for inhalation; | ||
(2) any cartridge or container of a solution or | ||
substance intended to be used with or in the device or to | ||
refill the device; or | ||
(3) any solution or substance, whether or not it | ||
contains nicotine, intended for use in the device. | ||
"Electronic cigarette" includes, but is not limited to, | ||
any electronic nicotine delivery system, electronic cigar, | ||
electronic cigarillo, electronic pipe, electronic hookah, vape | ||
pen, or similar product or device, and any component, part, or | ||
accessory of a device used during the operation of the device | ||
even if the part or accessory was sold separately. "Electronic | ||
cigarette" does not include: cigarettes, as defined in Section | ||
1 of the Cigarette Tax Act; any product approved by the United | ||
States Food and Drug Administration for sale as a smoking | ||
cessation product, a tobacco dependence product, or for other | ||
medical purposes that is marketed and sold solely for that | ||
approved purpose; any asthma inhaler prescribed by a physician | ||
for that condition that is marketed and sold solely for that | ||
approved purpose; any device that meets the definition of | ||
cannabis paraphernalia under Section 1-10 of the Cannabis | ||
Regulation and Tax Act; or any cannabis product sold by a | ||
dispensing organization pursuant to the Cannabis Regulation |
and Tax Act or the Compassionate Use of Medical Cannabis | ||
Program Act. | ||
"Manufacturer" means any person, wherever resident or | ||
located, who manufactures and sells tobacco products. | ||
"Manufacturer" does not include a person who makes, | ||
manufactures, or fabricates tobacco products as a part of a | ||
correctional industries program for sale to persons | ||
incarcerated in penal institutions or resident patients of a | ||
State-operated mental health facility. | ||
"Modified risk tobacco product" means any tobacco product | ||
that is sold or distributed to reduce harm or the risk of | ||
tobacco related disease associated with commercially marketed | ||
tobacco products. | ||
"Person" means any individual, corporation, partnership, | ||
limited liability company, association, or other organization | ||
that engages in any for-profit or not-for-profit activities. | ||
"Retailer" means a person who engages in this State in the | ||
sale of or offers for sale electronic cigarettes for use or | ||
consumption and not for resale in any form. "Retailer" | ||
includes a retailer as defined in Section 1 of the Cigarette | ||
Tax Act and Section 10-5 of the Tobacco Products Tax Act of | ||
1995. | ||
"Secondary distributor" has the same meaning as defined in | ||
Section 1 of the Cigarette Tax Act and Section 1 of the | ||
Cigarette Use Tax Act. | ||
"Tobacco product" has the same meaning as defined in |
Section 10-5 of the Tobacco Products Tax Act of 1995. | ||
Section 10. Enforcement; rulemaking. | ||
(a) The Department of Revenue may adopt rules that are | ||
reasonable, necessary, and related to the administration and | ||
enforcement of this Act. | ||
(b) The Department of Revenue, the Department of Public | ||
Health, a local public health department, the Department of | ||
Human Services, the Illinois State Police, a county sheriff, | ||
and a municipal police department may inspect any business | ||
that sells, manufactures, transports, or distributes | ||
electronic cigarettes in the State to ensure compliance with | ||
this Act. | ||
Section 15. Prohibitions. | ||
(a) It is unlawful for a person to do any of the following: | ||
(1) To sell or distribute in this State; to acquire, | ||
hold, own, possess, or transport, for sale or distribution | ||
in this State; or to import, or cause to be imported into | ||
this State for sale or distribution in this State: | ||
(A) any electronic cigarette with packaging that: | ||
(i) bears any statement, label, stamp, | ||
sticker, or notice indicating that the | ||
manufacturer did not intend the electronic | ||
cigarette to be sold, distributed, or used in the | ||
United States, including, but not limited to, |
labels stating "For Export Only", "U.S. Tax | ||
Exempt", "For Use Outside U.S.", or similar | ||
wording; or | ||
(ii) does not comply with: | ||
(I) all requirements imposed by or | ||
pursuant to federal law regarding warnings and | ||
other information on packages of electronic | ||
cigarettes manufactured, packaged, or imported | ||
for sale, distribution, or use in the United | ||
States; and | ||
(II) all federal trademark and copyright | ||
laws; and | ||
(B) any electronic cigarette that the person | ||
otherwise knows or has reason to know the manufacturer | ||
did not intend to be sold, distributed, or used in the | ||
United States. | ||
(2) To alter the packaging of an electronic cigarette, | ||
prior to sale or distribution to the ultimate consumer, so | ||
as to remove, conceal, or obscure any statement, label, | ||
stamp, sticker, or notice required under this Section or | ||
federal law. | ||
(3) To affix any stamp required under this Act to the | ||
packaging of any electronic cigarettes described in | ||
subparagraph (A) of paragraph (1) or altered in violation | ||
of subparagraph (A) of paragraph (1). | ||
(4) To adulterate an electronic cigarette for sale in |
this State.
An electronic cigarette is adulterated if: | ||
(A) it consists in whole or in part of any filthy, | ||
putrid, or decomposed substance, or is otherwise | ||
contaminated by any added poisonous or deleterious | ||
substance that may render the product injurious to | ||
health; | ||
(B) it is held or packaged in containers composed, | ||
in whole or in part, of any poisonous or deleterious | ||
substance that may render the contents injurious to | ||
health; or | ||
(C) it is required by 21 U.S.C. 387j(a) to have | ||
premarket review and does not have an order in effect | ||
under 21 U.S.C. 387j(c)(1)(A)(i) or is in violation of | ||
an order under 21 U.S.C. 387j(c)(1)(A). | ||
Electronic cigarettes first sold prior to August 8, 2016 | ||
and for which a premarket tobacco product application was | ||
submitted to the U.S. Food and Drug Administration by | ||
September 9, 2020 shall not be deemed to be adulterated under | ||
subparagraph (C) of paragraph (4) of this subsection. | ||
(b) A distributor, secondary distributor, retailer, or | ||
person who violates this Section shall be guilty of a Class 4 | ||
felony. | ||
(c) Any violation of this Act shall be reported to the | ||
Department of Revenue within 7 business days. | ||
Section 20. Additives. An electronic cigarette for sale in |
this State shall not include the following additives: | ||
(1) polyethylene glycol (PEG); | ||
(2) vitamin E acetate; or | ||
(3) medium chain triglycerides (MCT oil). | ||
Section 25. Advertising. | ||
(a) A manufacturer, distributor, or retailer may not | ||
advertise, market, or promote an electronic cigarette as a | ||
modified risk tobacco product unless it has been designated as | ||
a modified risk tobacco product by the United States Food and | ||
Drug Administration. | ||
(b) A manufacturer, distributor, or retailer may not | ||
advertise, market, or promote or advertise an electronic | ||
cigarette as providing smoking cessation benefits to consumers | ||
unless it has approval from the United States Food and Drug | ||
Administration to market its electronic cigarette as a medical | ||
product for such purpose. | ||
(c) A manufacturer, distributor, or retailer may not | ||
advertise, market, or promote an electronic cigarette in a | ||
manner that includes fraudulent or misleading terms or | ||
statements. | ||
(d) A manufacturer, distributor, or retailer may not | ||
advertise, market, or promote an electronic cigarette in a | ||
manner that: | ||
(1) encourages persons under 21 years of age to use an | ||
electronic cigarette; or |
(2) is attractive to persons under 21 years of age, | ||
including, but not limited to, inclusion of the following: | ||
(A) cartoons; | ||
(B) an image, character, or phrase that is similar | ||
to one popularly used to advertise to children; or | ||
(C) a video game, movie, video, or animated | ||
television show known to appeal primarily to persons | ||
under 21 years of age. | ||
Section 30. Manufacturer requirements. A manufacturer | ||
shall ensure that the label on an electronic cigarette | ||
container meets the nicotine addictiveness warning statement | ||
requirements under 21 CFR 1143.3. | ||
Section 35. Violations. | ||
(a) Upon a finding that a distributor, secondary | ||
distributor, retailer, or person has committed any of the | ||
conduct prohibited under this Act or any rule adopted under | ||
this Act, knowing or having reason to know that he or she has | ||
done so, the Department of Revenue may: revoke or suspend the | ||
license or licenses of the distributor, secondary distributor, | ||
retailer, or person pursuant to the procedures set forth in | ||
the Cigarette Tax Act, Cigarette Use Tax Act, or the Tobacco | ||
Products Tax Act of 1995; and impose on the distributor, | ||
secondary distributor, retailer, or person a civil penalty in | ||
an amount not to exceed the greater of 500% of the retail value |
of the electronic cigarettes involved or $10,000. | ||
(b) Electronic cigarettes that are acquired in, held in, | ||
owned in, possessed in, transported within, imported into, or | ||
sold or distributed across this State in violation of this Act | ||
shall be deemed contraband under this Act and are subject to | ||
seizure and forfeiture as provided in subsection (g) of | ||
Section 1 of the Prevention of Tobacco Use by Persons under 21 | ||
Years of Age and Sale and Distribution of Tobacco Products | ||
Act, and all such electronic cigarettes seized and forfeited | ||
shall be destroyed or maintained and used in an undercover | ||
capacity. Such electronic cigarettes shall be deemed | ||
contraband whether the violation of this Act is knowing or | ||
otherwise. | ||
(c) The Attorney General may enforce violations of Section | ||
15 or 25 of this Act as an unlawful practice under the Consumer | ||
Fraud and Deceptive Business Practices Act. | ||
Section 40. The Prevention of Tobacco Use by
Persons under | ||
21 Years of Age and Sale and Distribution of Tobacco Products | ||
Act is amended by changing Section 1 as follows:
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(720 ILCS 675/1) (from Ch. 23, par. 2357)
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Sec. 1. Prohibition on sale of tobacco products, | ||
electronic cigarettes, and alternative nicotine products to | ||
persons under 21 years of age; prohibition on the distribution | ||
of tobacco product samples, electronic cigarette samples, and |
alternative nicotine product samples to any person; use of | ||
identification cards; vending machines; lunch
wagons; | ||
out-of-package sales.
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(a) No person under 21 years of age shall buy any tobacco | ||
product, electronic cigarette, or alternative nicotine | ||
product. No person shall sell, buy
for, distribute samples of | ||
or furnish any tobacco product, electronic cigarette, or any | ||
alternative nicotine product to any person under 21 years of | ||
age. | ||
(a-5) No person under 16 years of
age may sell any tobacco | ||
product, electronic cigarette, or alternative nicotine product | ||
at a retail
establishment selling tobacco products, electronic
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cigarettes, or alternative nicotine products. This subsection | ||
does not apply
to a sales clerk in a family-owned business | ||
which can prove that the sales
clerk
is in fact a son or | ||
daughter of the owner.
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(a-5.1) Before selling, offering for sale, giving, or
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furnishing a tobacco product, electronic cigarette, or | ||
alternative nicotine product to
another person, the person | ||
selling, offering for sale, giving,
or furnishing the tobacco | ||
product, electronic cigarette, or alternative nicotine product | ||
shall
verify that the person is at least 21 years of age by: | ||
(1) examining from any person that appears to be under
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30 years of age a government-issued photographic
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identification that establishes the person to be 21 years
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of age or older; or |
(2) for sales of tobacco products, electronic | ||
cigarettes, or alternative nicotine products made through | ||
the
Internet or other remote sales methods, performing an | ||
age
verification through an independent, third party age
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verification service that compares information available
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from public records to the personal information entered by
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the person during the ordering process that establishes | ||
the
person is 21 years of age or older. | ||
(a-6) No person under 21 years of age in the furtherance or | ||
facilitation of obtaining any tobacco product,
electronic | ||
cigarette, or alternative nicotine product shall display or | ||
use a false or forged identification card or transfer, alter, | ||
or deface an identification card.
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(a-7) (Blank). | ||
(a-8) A person shall not distribute without charge samples | ||
of any tobacco product , alternative nicotine product, or | ||
electronic cigarette to any other person, regardless of age, | ||
except for smokeless tobacco in an adult-only facility. | ||
This subsection (a-8) does not apply to the distribution | ||
of a tobacco product, electronic cigarette, or alternative | ||
nicotine product sample in any adult-only facility. | ||
(a-9) For the purpose of this Section: | ||
"Adult-only facility" means a facility or restricted | ||
area (whether open-air or enclosed) where the operator | ||
ensures or has a reasonable basis to believe (such as by | ||
checking identification as required under State law, or by |
checking the identification of any person appearing to be | ||
under the age of 30) that no person under legal age is | ||
present. A facility or restricted area need not be | ||
permanently restricted to persons under 21 years of age to | ||
constitute an adult-only facility, provided that the | ||
operator ensures or has a reasonable basis to believe that | ||
no person under 21 years of age is present during the event | ||
or time period in question. | ||
"Alternative nicotine product" means a product or | ||
device not consisting of or containing tobacco that | ||
provides for the ingestion into the body of nicotine, | ||
whether by chewing, smoking, absorbing, dissolving, | ||
inhaling, snorting, sniffing, or by any other means. | ||
"Alternative nicotine product" does not include: | ||
cigarettes as defined in Section 1 of the Cigarette Tax | ||
Act and tobacco products as defined in Section 10-5 of the | ||
Tobacco Products Tax Act of 1995; tobacco product and | ||
electronic cigarette as defined in this Section; or any | ||
product approved by the United States Food and Drug | ||
Administration for sale as a tobacco cessation product, as | ||
a tobacco dependence product, or for other medical | ||
purposes, and is being marketed and sold solely for that | ||
approved purpose. | ||
"Electronic cigarette" means: | ||
(1) any device that employs a battery or other
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mechanism to heat a solution or substance to produce a
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vapor or aerosol intended for inhalation; | ||
(2) any cartridge or container of a solution or
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substance intended to be used with or in the device or | ||
to
refill the device; or | ||
(3) any solution or substance, whether or not it
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contains nicotine intended for use in the device.
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"Electronic cigarette" includes, but is not limited | ||
to, any
electronic nicotine delivery system, electronic | ||
cigar,
electronic cigarillo, electronic pipe, electronic | ||
hookah,
vape pen, or similar product or device, and any | ||
components
or parts that can be used to build the product | ||
or device , and any component, part, or accessory of a | ||
device used during the operation of the device, even if | ||
the part or accessory was sold separately .
"Electronic | ||
cigarette" does not include: cigarettes as defined in
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Section 1 of the Cigarette Tax Act and tobacco products as
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defined in Section 10-5 of the Tobacco Products Tax Act of
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1995 ; tobacco product and alternative nicotine product as | ||
defined in this Section; any product approved by the | ||
United States Food and Drug Administration for sale as a | ||
tobacco cessation product, as a tobacco dependence | ||
product, or for other medical purposes, and is being | ||
marketed and sold solely for that approved purpose; any | ||
asthma
inhaler prescribed by a physician for that | ||
condition and is being marketed and sold solely for that | ||
approved purpose; any device that meets the definition of |
cannabis paraphernalia under Section 1-10 of the Cannabis | ||
Regulation and Tax Act; or any cannabis therapeutic | ||
product sold by a dispensing organization pursuant to the | ||
Cannabis Regulation and Tax Act or approved for use under | ||
the Compassionate Use of Medical Cannabis
Pilot Program | ||
Act. | ||
"Lunch wagon" means a mobile vehicle
designed and | ||
constructed to transport food and from which food is sold | ||
to the
general public. | ||
"Nicotine" means any form of the chemical nicotine, | ||
including any salt or complex, regardless of whether the | ||
chemical is naturally or synthetically derived.
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"Tobacco product" means any product containing or made
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from tobacco that is intended for human consumption,
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whether smoked, heated, chewed, absorbed, dissolved,
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inhaled, snorted, sniffed, or ingested by any other means,
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including, but not limited to, cigarettes, cigars, little
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cigars, chewing tobacco, pipe tobacco, snuff, snus, and | ||
any other smokeless tobacco product which contains tobacco | ||
that is finely cut, ground, powdered, or leaf and intended | ||
to be placed in the oral cavity.
"Tobacco product" | ||
includes any component, part, or
accessory of a tobacco | ||
product, whether or not sold
separately. "Tobacco product" | ||
does not include: an electronic cigarette and alternative | ||
nicotine product as defined in this Section; or any | ||
product
that has been approved by the United States Food |
and Drug
Administration for sale as a tobacco cessation | ||
product, as a tobacco dependence product, or
for other | ||
medical purposes, and is being marketed and sold solely | ||
for that approved purpose. | ||
(b) Tobacco products, electronic cigarettes, and | ||
alternative nicotine products may be sold through a vending | ||
machine
only if such tobacco products, electronic cigarettes, | ||
and alternative nicotine products are not placed together with | ||
any non-tobacco product, other than matches, in the vending | ||
machine and the vending machine is in
any of the following | ||
locations:
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(1) (Blank).
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(2) Places to which persons under 21 years of age are | ||
not permitted access at any time.
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(3) Places where alcoholic beverages are sold and | ||
consumed on the
premises and vending machine operation is | ||
under the direct supervision of the owner or manager.
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(4) (Blank).
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(5) (Blank).
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(c) (Blank).
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(d) The sale or distribution by any person of a tobacco | ||
product as defined in this Section, including but not limited | ||
to a single or loose cigarette, that is not contained within a | ||
sealed container, pack, or package as provided by the | ||
manufacturer, which container, pack, or package bears the | ||
health warning required by federal law, is prohibited.
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(e) It is not a violation of this Act for a person under 21 | ||
years of age to purchase a tobacco product, electronic | ||
cigarette, or alternative nicotine product if the person under | ||
the age of 21 purchases or is given the tobacco product, | ||
electronic cigarette, or alternative nicotine product in any | ||
of its forms from a retail seller of tobacco products, | ||
electronic cigarettes, or alternative nicotine products or an | ||
employee of the retail seller pursuant to a plan or action to | ||
investigate, patrol, or otherwise conduct a "sting operation" | ||
or enforcement action against a retail seller of tobacco | ||
products, electronic cigarettes, or alternative nicotine | ||
products or a person employed by the retail seller of tobacco | ||
products, electronic cigarettes, or alternative nicotine | ||
products or on any premises authorized to sell tobacco | ||
products, electronic cigarettes, or alternative nicotine | ||
products to determine if tobacco products, electronic | ||
cigarettes, or alternative nicotine products are being sold or | ||
given to persons under 21 years of age if the "sting operation" | ||
or enforcement action is approved by, conducted by, or | ||
conducted on behalf of the Department of State Police, the | ||
county sheriff, a municipal police department, the Department | ||
of Revenue, the Department of Public Health, or a local health | ||
department. The results of any sting operation or enforcement | ||
action, including the name of the clerk, shall be provided to | ||
the retail seller within 7 business days. | ||
(f) No person shall honor or accept any discount, coupon, |
or other benefit or reduction in price that is inconsistent | ||
with 21 CFR 1140, subsequent United States Food and Drug | ||
Administration industry guidance, or any rules adopted under | ||
21 CFR 1140. | ||
(g) Any peace officer or duly authorized member of the | ||
Illinois State Police, a county sheriff's department, a | ||
municipal police department, the Department of Revenue, the | ||
Department of Public Health, a local health department, or the | ||
Department of Human Services, upon discovering a violation of | ||
subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this | ||
Section or a violation of the Preventing Youth Vaping Act, may | ||
seize any tobacco products, alternative nicotine products, or | ||
electronic cigarettes of the specific type involved in that | ||
violation that are located at that place of business. The | ||
tobacco products, alternative nicotine products, or electronic | ||
cigarettes so seized are subject to confiscation and | ||
forfeiture. | ||
(h) If, within 60 days after any seizure under subsection | ||
(g), a person having any property interest in the seized | ||
property is charged with an offense under this Section or a | ||
violation of the Preventing Youth Vaping Act, the court that | ||
renders judgment upon the charge shall, within 30 days after | ||
the judgment, conduct a forfeiture hearing to determine | ||
whether the seized tobacco products or electronic cigarettes | ||
were part of the inventory located at the place of business | ||
when a violation of subsection (a), (a-5), (a-5.1), (a-8), |
(b), or (d) of this Section or a violation of the Preventing | ||
Youth Vaping Act occurred and whether any seized tobacco | ||
products or electronic cigarettes were of a type involved in | ||
that violation. The hearing shall be commenced by a written | ||
petition by the State, which shall include material | ||
allegations of fact, the name and address of every person | ||
determined by the State to have any property interest in the | ||
seized property, a representation that written notice of the | ||
date, time, and place of the hearing has been mailed to every | ||
such person by certified mail at least 10 days before the date, | ||
and a request for forfeiture. Every such person may appear as a | ||
party and present evidence at the hearing. The quantum of | ||
proof required shall be a preponderance of the evidence, and | ||
the burden of proof shall be on the State. If the court | ||
determines that the seized property was subject to forfeiture, | ||
an order of forfeiture and disposition of the seized property | ||
shall be entered and the property shall be received by the | ||
prosecuting office, who shall effect its destruction. | ||
(i) If a seizure under subsection (g) is not followed by a | ||
charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or | ||
(d) of this Section or under the Preventing Youth Vaping Act, | ||
or if the prosecution of the charge is permanently terminated | ||
or indefinitely discontinued without any judgment of | ||
conviction or acquittal: | ||
(1) the prosecuting office may commence in the circuit | ||
court an in rem proceeding for the forfeiture and |
destruction of any seized tobacco products or electronic | ||
cigarettes; and | ||
(2) any person having any property interest in the | ||
seized tobacco products or electronic cigarettes may | ||
commence separate civil proceedings in the manner provided | ||
by law. | ||
(j) After the Department of Revenue has seized any tobacco | ||
product, nicotine product, or electronic cigarette as provided | ||
in subsection (g) and a person having any property interest in | ||
the seized property has not been charged with an offense under | ||
this Section or a violation of the Preventing Youth Vaping | ||
Act, the Department of Revenue must hold a hearing and | ||
determine whether the seized tobacco products, alternative | ||
nicotine products, or electronic cigarettes were part of the | ||
inventory located at the place of business when a violation of | ||
subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this | ||
Section or a violation of the Preventing Youth Vaping Act | ||
occurred and whether any seized tobacco product, alternative | ||
nicotine product, or electronic cigarette was of a type | ||
involved in that violation. The Department of Revenue shall | ||
give not less than 20 days' notice of the time and place of the | ||
hearing to the owner of the property, if the owner is known, | ||
and also to the person in whose possession the property was | ||
found if that person is known and if the person in possession | ||
is not the owner of the property. If neither the owner nor the | ||
person in possession of the property is known, the Department |
of Revenue must cause publication of the time and place of the | ||
hearing to be made at least once each week for 3 weeks | ||
successively in a newspaper of general circulation in the | ||
county where the hearing is to be held. | ||
If, as the result of the hearing, the Department of | ||
Revenue determines that the tobacco products, alternative | ||
nicotine products, or the electronic cigarettes were part of | ||
the inventory located at the place of business when a | ||
violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or | ||
(d) of this Section or a violation of the Preventing Youth | ||
Vaping Act at the time of seizure, the Department of Revenue | ||
must enter an order declaring the tobacco product, alternative | ||
nicotine product, or electronic cigarette confiscated and | ||
forfeited to the State, to be held by the Department of Revenue | ||
for disposal by it as provided in Section 10-58 of the Tobacco | ||
Products Tax Act of 1995. The Department of Revenue must give | ||
notice of the order to the owner of the property, if the owner | ||
is known, and also to the person in whose possession the | ||
property was found if that person is known and if the person in | ||
possession is not the owner of the property. If neither the | ||
owner nor the person in possession of the property is known, | ||
the Department of Revenue must cause publication of the order | ||
to be made at least once each week for 3 weeks successively in | ||
a newspaper of general circulation in the county where the | ||
hearing was held. | ||
(Source: P.A. 101-2, eff. 7-1-19 .)
|
Section 45. The Prevention of Cigarette Sales to Persons | ||
under 21 Years of Age Act is amended by changing Sections 1, 2, | ||
5, 6, 7, 8, 10, and 20 as follows: | ||
(720 ILCS 678/1) | ||
Sec. 1. Short title. This Act may be cited as the | ||
Prevention of Cigarette and Electronic Cigarette Sales to | ||
Persons under 21 Years of Age Act.
| ||
(Source: P.A. 101-2, eff. 7-1-19 .) | ||
(720 ILCS 678/2)
| ||
Sec. 2. Definitions. For the purpose of this Act: | ||
"Cigarette", when used in this Act, means any roll for | ||
smoking made wholly or in part of tobacco irrespective of size | ||
or shape and whether or not the tobacco is flavored, | ||
adulterated, or mixed with any other ingredient, and the | ||
wrapper or cover of which is made of paper or any other | ||
substance or material except whole leaf tobacco. | ||
"Clear and conspicuous statement" means the statement is | ||
of sufficient type size to be clearly readable by the | ||
recipient of the communication. | ||
"Consumer" means an individual who acquires or seeks to | ||
acquire cigarettes or electronic cigarettes for personal use. | ||
"Delivery sale" means any sale of cigarettes or electronic | ||
cigarettes to a consumer if: |
(a) the consumer submits the order for such sale by | ||
means of a telephone or other method of voice | ||
transmission, the mails, or the Internet or other online | ||
service, or the seller is otherwise not in the physical | ||
presence of the buyer when the request for purchase or | ||
order is made; or | ||
(b) the cigarettes or electronic cigarettes are | ||
delivered by use of a common carrier, private delivery
| ||
service, or the mails, or the seller is not in the physical | ||
presence of the buyer when the buyer obtains possession of | ||
the cigarettes or electronic cigarettes . | ||
"Delivery service" means any person (other than a person | ||
that makes a delivery sale) who
delivers to the consumer the | ||
cigarettes or electronic cigarettes sold in a delivery sale. | ||
"Department" means the Department of Revenue. | ||
"Electronic cigarette" means: | ||
(1) any device that employs a battery or other | ||
mechanism to heat a solution or substance to produce a | ||
vapor or aerosol intended for inhalation; | ||
(2) any cartridge or container of a solution or | ||
substance intended to be used with or in the device or to | ||
refill the device; or | ||
(3) any solution or substance, whether or not it | ||
contains nicotine, intended for use in the device. | ||
"Electronic cigarette" includes, but is not limited to, | ||
any electronic nicotine delivery system, electronic cigar, |
electronic cigarillo, electronic pipe, electronic hookah, vape | ||
pen, or similar product or device, and any component, part, or | ||
accessory of a device used during the operation of the device, | ||
even if the part or accessory was sold separately. "Electronic | ||
cigarette" does not include: cigarettes, as defined in Section | ||
1 of the Cigarette Tax Act; any product approved by the United | ||
States Food and Drug Administration for sale as a tobacco | ||
cessation product, a tobacco dependence product, or for other | ||
medical purposes that is marketed and sold solely for that | ||
approved purpose; any asthma inhaler prescribed by a physician | ||
for that condition that is marketed and sold solely for that | ||
approved purpose; any device that meets the definition of | ||
cannabis paraphernalia under Section 1-10 of the Cannabis | ||
Regulation and Tax Act; or any cannabis product sold by a | ||
dispensing organization pursuant to the Cannabis Regulation | ||
and Tax Act or the Compassionate Use of Medical Cannabis | ||
Program Act. | ||
"Government-issued identification" means a State driver's | ||
license, State identification card, passport, a military | ||
identification or an official naturalization or immigration | ||
document, such as an alien registration recipient card | ||
(commonly known as a "green card") or an immigrant visa. | ||
"Mails" or "mailing" mean the shipment of cigarettes or | ||
electronic cigarettes through the United States Postal | ||
Service. | ||
"Out-of-state sale" means a sale of cigarettes or |
electronic cigarettes to a consumer located outside of this | ||
State where the consumer submits the order for such sale by | ||
means of a telephonic or other method of voice transmission, | ||
the mails or any other delivery service, facsimile | ||
transmission, or the Internet or other online service and | ||
where the cigarettes or electronic cigarettes are delivered by | ||
use of the mails or other delivery service. | ||
"Person" means any individual, corporation, partnership, | ||
limited liability company, association, or other organization | ||
that engages in any for-profit or not-for-profit activities. | ||
"Shipping package" means a container in which packs or | ||
cartons of cigarettes or electronic cigarettes are shipped in | ||
connection with a delivery sale. | ||
"Shipping documents" means bills of lading, air bills, or | ||
any other documents used to evidence the undertaking by a | ||
delivery service to deliver letters, packages, or other | ||
containers.
| ||
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.) | ||
(720 ILCS 678/5) | ||
Sec. 5. Unlawful shipment or transportation of cigarettes | ||
or electronic cigarettes . | ||
(a) It is unlawful for any person engaged in the business | ||
of selling cigarettes or electronic cigarettes to ship or | ||
cause to be shipped any cigarettes or electronic cigarettes | ||
unless the person shipping the cigarettes or electronic |
cigarettes :
| ||
(1) is licensed as a distributor or, in the case of | ||
electronic cigarettes, a retailer, under either
the | ||
Cigarette Tax Act, or the Cigarette Use Tax Act , or the | ||
Tobacco Products Tax Act of 1995 ; or
delivers the | ||
cigarettes or electronic cigarettes to a distributor , or | ||
in the case of electronic cigarettes, a retailer, licensed | ||
under either the Cigarette Tax Act , or the Cigarette Use | ||
Tax Act , or the Tobacco Products Tax Act of 1995 ; or | ||
(2) ships them to an export warehouse proprietor | ||
pursuant to
Chapter 52 of the Internal Revenue Code, or an | ||
operator of
a customs bonded warehouse pursuant to Section | ||
1311 or
1555 of Title 19 of the United States Code.
| ||
For purposes of this subsection (a), a person is a | ||
licensed distributor if the person's name appears on a list of | ||
licensed distributors published by the Illinois Department of | ||
Revenue.
The term cigarette has the same meaning as defined in | ||
Section 1 of the Cigarette Tax Act and Section 1 of the | ||
Cigarette Use Tax Act.
Nothing in this Act prohibits a person | ||
licensed as a distributor under the Cigarette Tax Act , or the | ||
Cigarette Use Tax Act , or the Tobacco Products Tax Act of 1995 | ||
from shipping or causing to be shipped any cigarettes or | ||
electronic cigarettes to a registered retailer under the | ||
Retailers' Occupation Tax Act provided the cigarette tax , or | ||
cigarette use tax , or tobacco product tax has been paid.
| ||
In this Section, "retailer" means a person who engages in |
this State in the sale of or offering for sale of electronic | ||
cigarettes for use or consumption and not for resale in any | ||
form. "Retailer" includes a retailer as defined in Section 1 | ||
of the Cigarette Tax Act and Section 10-5 of the Tobacco | ||
Products Tax Act of 1995. | ||
(b) A common or contract carrier may transport cigarettes | ||
or electronic cigarettes to any individual person in this | ||
State only if the carrier reasonably believes such cigarettes | ||
or electronic cigarettes have been received from a person | ||
described in paragraph (a)(1). Common or contract carriers may | ||
make deliveries of cigarettes or electronic cigarettes to | ||
licensed distributors described in paragraph (a)(1) of this | ||
Section. Nothing in this subsection (b) shall be construed to | ||
prohibit a person other than a common or contract carrier from | ||
transporting not more than 1,000 cigarettes at any one time to | ||
any person in this State.
| ||
(c) A common or contract carrier may not complete the | ||
delivery of any cigarettes or electronic cigarettes to persons | ||
other than those described in paragraph (a)(1) of this Section | ||
without first obtaining from the purchaser an official written | ||
identification from any state or federal agency that displays | ||
the person's date of birth or a birth certificate that | ||
includes a reliable confirmation that the purchaser is at | ||
least 21 years of age; that the cigarettes or electronic | ||
cigarettes purchased are not intended for consumption by an | ||
individual who is younger than 21 years of age; and a written |
statement signed by the purchaser that certifies the | ||
purchaser's address and that the purchaser is at least 21 | ||
years of age. The statement shall also confirm: (1) that the | ||
purchaser understands that signing another person's name to | ||
the certification is illegal; (2) that the sale of cigarettes | ||
to individuals under 21 years of age is illegal; and (3) that | ||
the purchase of cigarettes by individuals under 21 years of | ||
age is illegal under the laws of Illinois. | ||
(d) When a person engaged in the business of selling
| ||
cigarettes or electronic cigarettes ships or causes to be | ||
shipped any cigarettes or electronic cigarettes to any person | ||
in this State, other than in the cigarette or electronic | ||
cigarette manufacturer's or tobacco products manufacturer's | ||
original container or wrapping, the container or wrapping must | ||
be plainly and visibly marked with the word "cigarettes" or | ||
"electronic cigarettes" .
| ||
(e) When a peace officer of this State or any duly | ||
authorized officer or employee of the Illinois Department of | ||
Public Health or Department of Revenue discovers any | ||
cigarettes or electronic cigarettes which have been or which | ||
are being shipped or transported in violation of this Section, | ||
he or she shall seize and take possession of the cigarettes or | ||
electronic cigarettes , and the cigarettes or electronic | ||
cigarettes shall be subject to a forfeiture action pursuant to | ||
the procedures provided under the Cigarette Tax Act , or | ||
Cigarette Use Tax Act , or Tobacco Products Tax Act of 1995 .
|
(Source: P.A. 101-2, eff. 7-1-19 .) | ||
(720 ILCS 678/6) | ||
Sec. 6. Prevention of delivery sales to persons under 21 | ||
years of age. | ||
(a) No person shall make a delivery sale of cigarettes or | ||
electronic cigarettes to any individual who is
under 21 years | ||
of age. | ||
(b) Each person accepting a purchase order for a delivery | ||
sale shall comply with
the provisions of this Act and all other | ||
laws of this State generally applicable to sales of cigarettes | ||
or electronic cigarettes that occur entirely within this | ||
State.
| ||
(Source: P.A. 101-2, eff. 7-1-19 .) | ||
(720 ILCS 678/7) | ||
Sec. 7. Age verification and shipping requirements to | ||
prevent delivery sales to persons under 21 years of age. | ||
(a) No person, other than a delivery service, shall mail, | ||
ship, or otherwise cause to be delivered a shipping package in | ||
connection with a delivery sale unless the person: | ||
(1) prior to the first delivery sale to the | ||
prospective consumer, obtains
from the prospective | ||
consumer a written certification which includes a | ||
statement signed by the prospective consumer that | ||
certifies: |
(A) the prospective consumer's current address; | ||
and | ||
(B) that the prospective consumer is at least the | ||
legal minimum age; | ||
(2) informs, in writing, such prospective consumer | ||
that: | ||
(A) the signing of another person's name to the | ||
certification described in
this Section is illegal; | ||
(B) sales of cigarettes or electronic cigarettes | ||
to individuals under 21 years of age are
illegal; | ||
(C) the purchase of cigarettes or electronic | ||
cigarettes by individuals under 21 years of age
is | ||
illegal; and | ||
(D) the name and identity of the prospective | ||
consumer may be reported to
the state of the | ||
consumer's current address under the Act of October | ||
19, 1949 (15 U.S.C. ยง 375, et seq.), commonly known as | ||
the Jenkins Act; | ||
(3) makes a good faith effort to verify the date of | ||
birth of the prospective
consumer provided pursuant to | ||
this Section by: | ||
(A) comparing the date of birth against a | ||
commercially available database;
or | ||
(B) obtaining a photocopy or other image of a | ||
valid, government-issued
identification stating the | ||
date of birth or age of the prospective consumer; |
(4) provides to the prospective consumer a notice that | ||
meets the requirements of
subsection (b); | ||
(5) receives payment for the delivery sale from the | ||
prospective consumer by a
credit or debit card that has | ||
been issued in such consumer's name, or by a check or other | ||
written instrument in such consumer's name ; however, no | ||
money order or cash payment shall be received or permitted | ||
and the seller shall submit to each credit card acquiring | ||
company with which it has credit card sales identification | ||
information in an appropriate form and format so that the | ||
words "tobacco product" may be printed in the purchaser's | ||
credit card statement when a purchase of a cigarette or | ||
electronic cigarette is made by credit card payment ; and | ||
(6) ensures that the shipping package is delivered to | ||
the same address as is shown
on the government-issued | ||
identification or contained in the commercially available | ||
database. No delivery described under this Section shall | ||
be permitted to any post office box. | ||
(b) The notice required under this Section shall include: | ||
(1) a statement that cigarette and electronic | ||
cigarette sales to consumers below 21 years of age are
| ||
illegal; | ||
(2) a statement that sales of cigarettes and | ||
electronic cigarettes are restricted to those consumers | ||
who
provide verifiable proof of age in accordance with | ||
subsection (a); |
(3) a statement that cigarette or electronic cigarette | ||
sales are subject to tax under Section 2 of the
Cigarette | ||
Tax Act (35 ILCS 130/2) , Section 2 of the Cigarette Use Tax | ||
Act, and Section 3 of the Use Tax Act , and Section 10-10 of | ||
the Tobacco Products Tax Act of 1995 and an explanation of | ||
how the correct tax has been, or is to be, paid with | ||
respect to such delivery sale. | ||
(c) A statement meets the requirement of this Section if: | ||
(1) the statement is clear and conspicuous; | ||
(2) the statement is contained in a printed box set | ||
apart from the other contents of
the communication; | ||
(3) the statement is printed in bold, capital letters; | ||
(4) the statement is printed with a degree of color | ||
contrast between the
background and the printed statement | ||
that is no less than the color contrast between the | ||
background and the largest text used in the communication; | ||
and | ||
(5) for any printed material delivered by electronic | ||
means, the statement appears
at both the top and the | ||
bottom of the electronic mail message or both the top and | ||
the bottom of the Internet website homepage. | ||
(d) Each person, other than a delivery service, who mails, | ||
ships, or otherwise causes to be delivered a shipping package | ||
in connection with a delivery sale shall: | ||
(1) include as part of the shipping documents a clear | ||
and conspicuous statement
stating: "Cigarettes or |
Electronic Cigarettes : Illinois Law Prohibits Shipping to | ||
Individuals Under 21 and Requires the Payment of All | ||
Applicable Taxes"; | ||
(2) use a method of mailing, shipping, or delivery | ||
that requires a signature before
the shipping package is | ||
released to the consumer; and | ||
(3) ensure that the shipping package is not delivered | ||
to any post office box.
| ||
(Source: P.A. 101-2, eff. 7-1-19; revised 4-29-19.) | ||
(720 ILCS 678/8) | ||
Sec. 8. Registration and reporting requirements to prevent | ||
delivery sales to persons under 21 years of age. | ||
(a) Not later than the 15th day of each month, each person | ||
making a delivery sale during the previous calendar month | ||
shall file a report with the Department containing the | ||
following information: | ||
(1) the seller's name, trade name, and the address of
| ||
such person's principal place of business and any other | ||
place of business; | ||
(2) the name and address of the consumer to whom such | ||
delivery sale
was made; | ||
(3) the brand style or brand styles of the cigarettes | ||
or electronic cigarettes that were sold in such
delivery | ||
sale; | ||
(4) the quantity of cigarettes that were sold in such |
delivery sale; | ||
(5) an indication of whether or not the cigarettes or | ||
electronic cigarettes sold in the delivery sale
bore a tax | ||
stamp evidencing payment of the tax under Section 2 of the | ||
Cigarette Tax Act (35 ILCS 130/2) ; and | ||
(6) such other information the Department may require. | ||
(b) Each person engaged in business within this State who | ||
makes an out-of-state sale
shall, for each individual sale, | ||
submit to the appropriate tax official of the state in which | ||
the consumer is located the information required in subsection | ||
(a). | ||
(c) Any person that satisfies the requirements of 15 | ||
U.S.C. Section 376 shall be deemed to
satisfy the requirements | ||
of subsections (a) and (b). | ||
(d) The Department is authorized to disclose to the | ||
Attorney General any information
received under this title and | ||
requested by the Attorney General. The Department and the | ||
Attorney General shall share with each other the information | ||
received under this title and may share the information with | ||
other federal, State, or local agencies for purposes of | ||
enforcement of this title or the laws of the federal | ||
government or of other states. | ||
(e) This Section shall not be construed to impose | ||
liability upon any delivery service, or
officers or employees | ||
thereof, when acting within the scope of business of the | ||
delivery service.
|
(f) The Department may establish procedures requiring | ||
electronic transmission of the information required by this | ||
Section directly to the Department on forms prescribed and | ||
furnished by the Department. | ||
(Source: P.A. 101-2, eff. 7-1-19 .) | ||
(720 ILCS 678/10) | ||
Sec. 10. Violation. | ||
(a) A person who violates subsection (a), (b), or (c) of | ||
Section 5 or Section 6, 7, 8, or 9 is guilty of a Class A | ||
misdemeanor. A second or subsequent violation of subsection | ||
(a), (b), or (c) of Section 5 or Section 6, 7, 8, or 9 is a | ||
Class 4 felony.
| ||
(b) The Department of Revenue shall impose a civil penalty | ||
not to exceed $5,000 on any person who violates subsection | ||
(a), (b), or (c) of Section 5 or Section 6, 7, 8, or 9. The | ||
Department of Revenue shall impose a civil penalty not to | ||
exceed $5,000 on any person engaged in the business of selling | ||
cigarettes or electronic cigarettes who ships or causes to be | ||
shipped any such cigarettes or electronic cigarettes to any | ||
person in this State in violation of subsection (d) of Section | ||
5.
Civil penalties imposed and collected by the Department | ||
shall be deposited into the Tax Compliance and Administration | ||
Fund. | ||
(c) All cigarettes or electronic cigarettes sold or | ||
attempted to be sold in a delivery sale that does not meet the |
requirements of this Act shall be forfeited to the State. All | ||
cigarettes or electronic cigarettes forfeited to this State | ||
under this Act shall be destroyed or maintained and used in an | ||
undercover capacity. The Department may, prior to any | ||
destruction of cigarettes or electronic cigarettes , permit the | ||
true holder of the trademark rights in the cigarette or | ||
electronic cigarette brand to inspect such contraband | ||
cigarettes or electronic cigarettes , in order to assist the | ||
Department in any investigation regarding such cigarettes or | ||
electronic cigarettes . | ||
(d) Any person aggrieved by any decision of the Department | ||
of Revenue may, within 60 days after notice of that decision, | ||
protest in writing and request a hearing. The Department of | ||
Revenue shall give notice to the person of the time and place | ||
for the hearing and shall hold a hearing before it issues a | ||
final administrative decision. Absent a written protest within | ||
60 days, the Department's decision shall become final without | ||
any further determination made or notice given.
| ||
(e) The penalties provided for in this Section are in | ||
addition to any other penalties provided for by law. | ||
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.) | ||
(720 ILCS 678/20)
| ||
Sec. 20. Tip line. | ||
(a) Not later than 120 days after January 1, 2010 ( the | ||
effective date of Public Act 95-1053 this amendatory Act of |
the 95th General Assembly ) , the Department shall establish, | ||
publicize, and maintain a toll-free telephone number to | ||
receive information related to the sale and delivery of | ||
contraband cigarettes or electronic cigarettes . | ||
(b) The Attorney General may pay a reward of up to $5,000 | ||
to any person who furnishes information leading to the | ||
Department's collection of excise taxes imposed upon delivery | ||
sales which otherwise would not have been collected but for | ||
the information provided by the person.
| ||
(Source: P.A. 95-1053, eff. 1-1-10 .) | ||
Section 97. Severability. If any provision of this Act or | ||
its application to any person or circumstance is held invalid, | ||
the invalidity of that provision or application does not | ||
affect other provisions or applications of this Act that can | ||
be given effect without the invalid provision or application. |