Bill Text: IL HB2418 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Potassium Bromate Exposure Act. Provides that no person in the course of doing business shall knowingly and intentionally expose any individual to potassium bromate or bromated flour without first giving clear and reasonable warning to such individual. Sets forth exemptions from this warning requirement and enforcement provisions. Provides that the Department of Public Health is responsible for the administration of the Act and may adopt any rules necessary for the Act's implementation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB2418 Detail]

Download: Illinois-2009-HB2418-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2418 Introduced 2/19/2009, by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED:
New Act
Creates the Potassium Bromate Exposure Act. Provides that no person in the course of doing business shall knowingly and intentionally expose any individual to potassium bromate or bromated flour without first giving clear and reasonable warning to such individual. Sets forth exemptions from this warning requirement and enforcement provisions. Provides that the Department of Public Health is responsible for the administration of the Act and may adopt any rules necessary for the Act's implementation.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning public health.
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
Potassium Bromate Exposure Act.
Section 5. Definitions. For purposes of this Act:
"Person" means an individual, trust, firm, joint stock
company, corporation, company, partnership, limited liability
company, or association.
"Person in the course of doing business" does not include
any person employing fewer than 10 employees in his or her
business, any unit of local government or district or any
department or agency thereof, the State or any department or
agency thereof, or the federal government or any department or
agency thereof.
"Threaten to violate" means to create a condition in which
there is a substantial probability that a violation will occur.
"Warning" within the meaning of Section 10 of this Act need
not be provided separately to each exposed individual and may
be provided by general methods such as labels on consumer
products, inclusion of notices in mailings to customers,
posting of notices, placing notices in public news media, and
the like, provided that the warning accomplished is clear and

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reasonable. In order to minimize the burden on retail sellers
of consumer products including foods, rules implementing
Section 10 of this Act shall to the extent practicable place
the obligation to provide any warning materials such as labels
on the producer or packager rather than on the retail seller,
except where the retail seller itself is responsible for
introducing the potassium bromate or bromated flour into the
consumer product in question.
Section 10. Required warning before exposure. No person in
the course of doing business shall knowingly and intentionally
expose any individual to potassium bromate or bromated flour
without first giving clear and reasonable warning to such
individual, except as provided in Section 15 of this Act.
Section 15. Exemptions from warning requirement. Section
10 of this Act shall not apply to any of the following:
(1) An exposure for which federal law governs warning
in a manner that preempts State authority.
(2) An exposure for which the person responsible can
show that the exposure poses no significant risk assuming
lifetime exposure at the level in question and that the
exposure will have no observable effect assuming exposure
at 1,000 times the level in question, based on evidence and
standards of scientific validity. In any action brought to
enforce Section 10 of this Act, the burden of showing that

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an exposure meets the criteria of this subdivision (2)
shall be on the defendant.
Section 20. Enforcement.
(a) Any person that violates or threatens to violate
Section 10 of this Act may be enjoined in any court of
competent jurisdiction.
(b) Any person who has violated Section 10 of this Act
shall be liable for a civil penalty not to exceed $2,500 per
day for each violation, in addition to any other penalty
established by law. This civil penalty may be assessed and
recovered in a civil action brought in any court of competent
jurisdiction.
In assessing the amount of a civil penalty for a violation
of this Act, the court shall consider all of the following:
(1) The nature and extent of the violation.
(2) The number of and severity of the violations.
(3) The economic effect of the penalty on the violator.
(4) Whether the violator took good faith measures to
comply with this Act and the time these measures were
taken.
(5) The willfulness of the violator's misconduct.
(6) The deterrent effect that the imposition of the
penalty would have on both the violator and the regulated
community as a whole.
(7) Any other factor that justice may require.

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(c) Actions pursuant to this Section may be brought by the
Attorney General in the name of the people of the State of
Illinois or by any State's Attorney.
Section 25. Administration of Act. The Department of
Public Health is responsible for the administration of this
Act. The Department may adopt any rules necessary to implement
this Act.