Bill Text: IL HB4050 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Flavored Electronic Cigarette Ban Act. Prohibits the sale, offering for sale, or possession with intent to sell of any flavored electronic cigarette or related flavor product. Provides an exception for products that have obtained a tobacco product clearance order. Prohibits the ordering or purchasing or shipping of a flavored electronic cigarette or related flavor product to any person in this State. Provides that the Department of Human Services shall enforce the Act and may adopt rules or guidelines for the implementation and enforcement of the Act. Amends the Cigarette Tax Act, the Cigarette Use Tax Act, and the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the licenses of entities licensed under those Acts that violate the Flavored Electronic Cigarette Ban Act. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act. Refers to cigarettes, electronic cigarettes, and related flavor products (instead of only cigarettes) in various defined terms. Includes electronic cigarettes and related flavor products in provisions regarding unlawful shipment or transportation of cigarettes. Effective June 1, 2021.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-17 - Referred to Rules Committee [HB4050 Detail]

Download: Illinois-2021-HB4050-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4050 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
New Act
35 ILCS 130/6 from Ch. 120, par. 453.6
35 ILCS 135/6 from Ch. 120, par. 453.36
35 ILCS 143/10-25
720 ILCS 678/2
720 ILCS 678/5
Creates the Flavored Electronic Cigarette Ban Act. Prohibits the sale, offering for sale, or possession with intent to sell of any flavored electronic cigarette or related flavor product. Provides an exception for products that have obtained a tobacco product clearance order. Prohibits the ordering or purchasing or shipping of a flavored electronic cigarette or related flavor product to any person in this State. Provides that the Department of Human Services shall enforce the Act and may adopt rules or guidelines for the implementation and enforcement of the Act. Amends the Cigarette Tax Act, the Cigarette Use Tax Act, and the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the licenses of entities licensed under those Acts that violate the Flavored Electronic Cigarette Ban Act. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act. Refers to cigarettes, electronic cigarettes, and related flavor products (instead of only cigarettes) in various defined terms. Includes electronic cigarettes and related flavor products in provisions regarding unlawful shipment or transportation of cigarettes. Effective June 1, 2021.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning 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
Flavored Electronic Cigarette Ban Act.
Section 5. Definitions. In this Act:
"Characterizing flavor" means a distinguishable taste or
aroma, other than the taste or aroma of tobacco or menthol,
imparted by an electronic cigarette or related flavor product,
or any by-product produced by the electronic cigarette or
related flavor product. "Characterizing flavor" includes, but
is not limited to, tastes or aromas relating to any fruit,
chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, mint, wintergreen, herb, or spice. An electronic
cigarette or related flavor product does not have a
characterizing flavor solely because of the use of additives
or flavorings or the provision of ingredient information.
"Constituent" means any ingredient, substance, chemical,
or compound, other than water, that is added to an electronic
cigarette or related flavor product.
"Department" means the Department of Human Services.
"Distinguishable" means perceivable by either the sense of
smell or taste.

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"Distributor" means a person who sells, offers for sale,
or transfers any tobacco, tobacco products, flavored
electronic cigarette, or related flavor 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 components or parts
that can be used to build the product or device. "Electronic
cigarette" does not include: any smokeless nicotine product; a
cigarette, as defined in Section 1 of the Cigarette Tax Act;
any tobacco product as defined in this Section; any product
approved by the United States Food and Drug Administration for
sale as a tobacco cessation product or a tobacco dependence

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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 therapeutic
product approved for use under the Compassionate Use of
Medical Cannabis Program Act; or cannabis as defined in
Section 1-10 of the Cannabis Regulation and Tax Act.
"Flavored electronic cigarette" means any electronic
cigarette containing a constituent that imparts a
characterizing flavor.
"Labeling" means written, printed, pictorial, or graphic
matter upon any electronic cigarette or related flavor product
or any packaging of an electronic cigarette or related flavor
product.
"Packaging" means a pack, box, carton, or container of any
kind or, if no other container, any wrapping or cellophane in
which an electronic cigarette or related flavor product is
sold or offered for sale to a consumer.
"Related flavor product" means any flavor product intended
for or traditionally used with tobacco, including papers,
wraps, tubes, or filters. A product of a type which has in the
past been used in conjunction with tobacco or nicotine use
shall be deemed a "related flavor product" regardless of any
labeling or descriptive language on the product stating that
the product is not intended for use with tobacco, is for
non-tobacco use only, or other similar language.

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"Retailer" means a person who engages in this State in the
sale, or offering for sale, of flavored electronic cigarettes
or related flavor products for use or consumption and not for
resale in any form. "Retailer" includes a retailer as that
term is defined in Section 1 of the Cigarette Tax Act and
Section 10-5 of the Tobacco Products Tax Act of 1995.
"Secondary distributor" means a secondary distributor as
that term is defined in Section 1 of the Cigarette Tax Act or
Section 1 of the Cigarette Use Tax Act.
"Smokeless nicotine product" means nicotine that is in the
form of a solid, gel, gum, or paste that is intended for human
consumption, placement in the oral or nasal cavity, or
absorption into the human body by any other means. "Smokeless
nicotine product" does not include any tobacco product or
cigarette.
"Tobacco product" means any product containing or made
from tobacco that is intended for human consumption, whether
smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means, including, but not
limited to, cigarettes, cigars, little 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

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cigarette, a smokeless nicotine product, an alternative
nicotine product, 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.
Section 10. Prohibitions.
(a) A retailer, or any of a retailer's agents or
employees, may not sell, offer for sale, or possess with the
intent to sell or offer for sale a flavored electronic
cigarette or related flavor product.
(b) A distributor or secondary distributor may not sell,
offer for sale, or possess with intent to sell or offer for
sale a flavored electronic cigarette or related flavor product
in this State. There is a rebuttable presumption that a
distributor or secondary distributor possesses a flavored
electronic cigarette or related flavor product with the intent
to sell in the State if the distributor or secondary
distributor cannot provide, upon request, evidence that the
product is intended for order or purchase from without the
State.
(c) There is a rebuttable presumption that an electronic
cigarette or product is a flavored electronic cigarette or
related flavor product if a manufacturer or any of a
manufacturer's agents or employees, in the course of their

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agency or employment, has made a statement or claim directed
to consumers or to the public that the electronic cigarette or
related flavor product has or produces a characterizing
flavor, including, but not limited to, text, color, or images
on the product's labeling or packaging that are used to
explicitly or implicitly communicate or suggest that the
electronic cigarette or related flavor product has a
characterizing flavor. A product with labeling or packaging
that suggests the presence of a characterizing flavor is
presumed to be a flavored electronic cigarette or related
flavor product.
(d) This Section does not apply to any flavored electronic
cigarette that has obtained a tobacco product clearance order
pursuant to Section 387j of Title 21 of the United States Code.
(e) A distributor, secondary distributor, or retailer, or
any of a retailer's agents or employees, shall not fulfill an
order for, or allow a flavored electronic cigarette or related
flavor product to be purchased by, or shipped to, any person in
this State. As used in this subsection, "ordered or purchased"
includes:
(1) a consumer submitting an order for sale by means
of:
(A) a telephone or other method of voice
transmission;
(B) the mail; or
(C) the Internet or other online service; or

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(2) situations where the seller is otherwise not in
the physical presence of the buyer when the request for
purchase or order is made.
This subsection (e) applies regardless of whether the
retailer is located within the State or not.
Section 15. Administrative rules; enforcement. The
Department shall enforce this Act and may adopt rules or
guidelines for the implementation and enforcement of this Act.
Section 20. Violations. Upon a decision by the Department
after notice and hearing that a distributor, secondary
distributor, or retailer, or any of a retailer's agents or
employees, has engaged in any conduct that violates this Act,
the Department of Revenue may suspend: that distributor's
license under Section 6 of the Cigarette Tax Act, Section 6 of
the Cigarette Use Tax Act, or Section 10-25 of the Tobacco
Products Tax Act of 1995; that secondary distributor's license
under Section 6 of the Cigarette Tax Act or Section 6 of the
Cigarette Use Tax Act; or that retailer's license under
Section 6 of the Cigarette Tax Act or Section 10-25 of the
Tobacco Products Tax Act of 1995. Any suspension shall be
preceded by a notice from the Department of Revenue of the
initial determination or violation. A license shall be
suspended 3 days for a first violation, 7 days for a second
violation, and 30 days for a third and each subsequent

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violation.
The Department of Revenue shall impose a civil penalty not
to exceed $5,000 on any person engaged in the business of
selling flavored electronic cigarettes or related flavor
products who ships or causes to be shipped any flavored
electronic cigarettes or related flavor products to any person
in this State in violation of subsection (e) of Section 10.
Civil penalties imposed and collected by the Department under
this subsection shall be deposited into the Tax Compliance and
Administration Fund.
Section 25. No conflict with federal or State law. Nothing
in this Act shall be interpreted or applied to create any
requirement, power, or duty that is preempted by federal or
State law.
Section 90. The Cigarette Tax Act is amended by changing
Section 6 as follows:
(35 ILCS 130/6) (from Ch. 120, par. 453.6)
Sec. 6. Revocation, cancellation, or suspension of
license. The Department may, after notice and hearing as
provided for by this Act, revoke, cancel or suspend the
license of any distributor, secondary distributor, or retailer
for the violation of any provision of this Act, or for
noncompliance with any provision herein contained, or for any

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noncompliance with any lawful rule or regulation promulgated
by the Department under Section 8 of this Act, or because the
licensee is determined to be ineligible for a distributor's
license for any one or more of the reasons provided for in
Section 4 of this Act, or because the licensee is determined to
be ineligible for a secondary distributor's license for any
one or more of the reasons provided for in Section 4c of this
Act, or because the licensee is determined to be ineligible
for a retailer's license for any one or more of the reasons
provided for in Section 4g of this Act. However, no such
license shall be revoked, cancelled or suspended, except after
a hearing by the Department with notice to the distributor,
secondary distributor, or retailer, as aforesaid, and
affording such distributor, secondary distributor, or retailer
a reasonable opportunity to appear and defend, and any
distributor, secondary distributor, or retailer aggrieved by
any decision of the Department with respect thereto may have
the determination of the Department judicially reviewed, as
herein provided.
The Department may revoke, cancel, or suspend the license
of any distributor for a violation of the Tobacco Product
Manufacturers' Escrow Enforcement Act as provided in Section
30 of that Act. The Department may revoke, cancel, or suspend
the license of any secondary distributor for a violation of
subsection (e) of Section 15 of the Tobacco Product
Manufacturers' Escrow Enforcement Act.

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The Department may suspend the license of any distributor,
secondary distributor, or retailer for a violation of the
Flavored Electronic Cigarette Ban Act as provided in Section
20 of that Act.
If the retailer has a training program that facilitates
compliance with minimum-age tobacco laws, the Department shall
suspend for 3 days the license of that retailer for a fourth or
subsequent violation of the Prevention of Tobacco Use by
Persons under 21 Years of Age and Sale and Distribution of
Tobacco Products Act, as provided in subsection (a) of Section
2 of that Act. For the purposes of this Section, any violation
of subsection (a) of Section 2 of the Prevention of Tobacco Use
by Persons under 21 Years of Age and Sale and Distribution of
Tobacco Products Act occurring at the retailer's licensed
location during a 24-month period shall be counted as a
violation against the retailer.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 3 days the license of that
retailer for a second violation of the Prevention of Tobacco
Use by Persons under 21 Years of Age and Sale and Distribution
of Tobacco Products Act, as provided in subsection (a-5) of
Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 7 days the license of that

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retailer for a third violation of the Prevention of Tobacco
Use by Persons under 21 Years of Age and Sale and Distribution
of Tobacco Products Act, as provided in subsection (a-5) of
Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 30 days the license of a retailer
for a fourth or subsequent violation of the Prevention of
Tobacco Use by Persons under 21 Years of Age and Sale and
Distribution of Tobacco Products Act, as provided in
subsection (a-5) of Section 2 of that Act.
A training program that facilitates compliance with
minimum-age tobacco laws must include at least the following
elements: (i) it must explain that only individuals displaying
valid identification demonstrating that they are 21 years of
age or older shall be eligible to purchase cigarettes or
tobacco products and (ii) it must explain where a clerk can
check identification for a date of birth. The training may be
conducted electronically. Each retailer that has a training
program shall require each employee who completes the training
program to sign a form attesting that the employee has
received and completed tobacco training. The form shall be
kept in the employee's file and may be used to provide proof of
training.
Any distributor, secondary distributor, or retailer
aggrieved by any decision of the Department under this Section

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may, within 20 days after notice of the decision, protest and
request a hearing. Upon receiving a request for a hearing, the
Department shall give notice in writing to the distributor,
secondary distributor, or retailer requesting the hearing that
contains a statement of the charges preferred against the
distributor, secondary distributor, or retailer and that
states the time and place fixed for the hearing. The
Department shall hold the hearing in conformity with the
provisions of this Act and then issue its final administrative
decision in the matter to the distributor, secondary
distributor, or retailer. In the absence of a protest and
request for a hearing within 20 days, the Department's
decision shall become final without any further determination
being made or notice given.
No license so revoked, as aforesaid, shall be reissued to
any such distributor, secondary distributor, or retailer
within a period of 6 months after the date of the final
determination of such revocation. No such license shall be
reissued at all so long as the person who would receive the
license is ineligible to receive a distributor's license under
this Act for any one or more of the reasons provided for in
Section 4 of this Act, is ineligible to receive a secondary
distributor's license under this Act for any one or more of the
reasons provided for in Section 4c of this Act, or is
determined to be ineligible for a retailer's license under the
Act for any one or more of the reasons provided for in Section

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4g of this Act.
The Department upon complaint filed in the circuit court
may by injunction restrain any person who fails, or refuses,
to comply with any of the provisions of this Act from acting as
a distributor, secondary distributor, or retailer of
cigarettes in this State.
(Source: P.A. 101-2, eff. 7-1-19.)
Section 95. The Cigarette Use Tax Act is amended by
changing Section 6 as follows:
(35 ILCS 135/6) (from Ch. 120, par. 453.36)
Sec. 6. Revocation, cancellation, or suspension of
license. The Department may, after notice and hearing as
provided for by this Act, revoke, cancel or suspend the
license of any distributor or secondary distributor for the
violation of any provision of this Act, or for non-compliance
with any provision herein contained, or for any non-compliance
with any lawful rule or regulation promulgated by the
Department under Section 21 of this Act, or because the
licensee is determined to be ineligible for a distributor's
license for any one or more of the reasons provided for in
Section 4 of this Act, or because the licensee is determined to
be ineligible for a secondary distributor's license for any
one or more of the reasons provided for in Section 4b or
Section 7a of this Act. However, no such license shall be

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revoked, canceled or suspended, except after a hearing by the
Department with notice to the distributor or secondary
distributor, as aforesaid, and affording such distributor or
secondary distributor a reasonable opportunity to appear and
defend, and any distributor or secondary distributor aggrieved
by any decision of the Department with respect thereto may
have the determination of the Department judicially reviewed,
as herein provided.
The Department may revoke, cancel, or suspend the license
of any distributor for a violation of the Tobacco Product
Manufacturers' Escrow Enforcement Act as provided in Section
30 of that Act. The Department may revoke, cancel, or suspend
the license of any secondary distributor for a violation of
subsection (e) of Section 15 of the Tobacco Product
Manufacturers' Escrow Enforcement Act.
The Department may suspend the license of any distributor
or secondary distributor for a violation of the Flavored
Electronic Cigarette Ban Act as provided in Section 20 of that
Act.
Any distributor or secondary distributor aggrieved by any
decision of the Department under this Section may, within 20
days after notice of the decision, protest and request a
hearing. Upon receiving a request for a hearing, the
Department shall give notice in writing to the distributor or
secondary distributor requesting the hearing that contains a
statement of the charges preferred against the distributor or

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secondary distributor and that states the time and place fixed
for the hearing. The Department shall hold the hearing in
conformity with the provisions of this Act and then issue its
final administrative decision in the matter to the distributor
or secondary distributor. In the absence of a protest and
request for a hearing within 20 days, the Department's
decision shall become final without any further determination
being made or notice given.
No license so revoked, shall be reissued to any such
distributor or secondary distributor within a period of 6
months after the date of the final determination of such
revocation. No such license shall be reissued at all so long as
the person who would receive the license is ineligible to
receive a distributor's license under this Act for any one or
more of the reasons provided for in Section 4 of this Act or is
ineligible to receive a secondary distributor's license under
this Act for any one or more of the reasons provided for in
Section 4b and Section 7a of this Act.
The Department upon complaint filed in the circuit court
may by injunction restrain any person who fails, or refuses,
to comply with this Act from acting as a distributor or
secondary distributor of cigarettes in this State.
(Source: P.A. 96-1027, eff. 7-12-10.)
Section 100. The Tobacco Products Tax Act of 1995 is
amended by changing Section 10-25 as follows:

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(35 ILCS 143/10-25)
Sec. 10-25. License actions.
(a) The Department may, after notice and a hearing,
revoke, cancel, or suspend the license of any distributor or
retailer who violates any of the provisions of this Act, fails
to keep books and records as required under this Act, fails to
make books and records available for inspection upon demand by
a duly authorized employee of the Department, or violates a
rule or regulation of the Department for the administration
and enforcement of this Act. The notice shall specify the
alleged violation or violations upon which the revocation,
cancellation, or suspension proceeding is based.
(b) The Department may revoke, cancel, or suspend the
license of any distributor for a violation of the Tobacco
Product Manufacturers' Escrow Enforcement Act as provided in
Section 20 of that Act.
(b-5) The Department may suspend the license of any
distributor or retailer for a violation of the Flavored
Electronic Cigarette Ban Act as provided in Section 20 of that
Act.
(c) If the retailer has a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 3 days the license of that
retailer for a fourth or subsequent violation of the
Prevention of Tobacco Use by Persons under 21 Years of Age and

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Sale and Distribution of Tobacco Products Act, as provided in
subsection (a) of Section 2 of that Act. For the purposes of
this Section, any violation of subsection (a) of Section 2 of
the Prevention of Tobacco Use by Persons under 21 Years of Age
and Sale and Distribution of Tobacco Products Act occurring at
the retailer's licensed location, during a 24-month period,
shall be counted as a violation against the retailer.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 3 days the license of that
retailer for a second violation of the Prevention of Tobacco
Use by Persons under 21 Years of Age and Sale and Distribution
of Tobacco Products Act, as provided in subsection (a-5) of
Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 7 days the license of that
retailer for a third violation of the Prevention of Tobacco
Use by Persons under 21 Years of Age and Sale and Distribution
of Tobacco Products Act, as provided in subsection (a-5) of
Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 30 days the license of a retailer
for a fourth or subsequent violation of the Prevention of
Tobacco Use by Persons under 21 Years of Age and Sale and

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Distribution of Tobacco Products Act, as provided in
subsection (a-5) of Section 2 of that Act.
A training program that facilitates compliance with
minimum-age tobacco laws must include at least the following
elements: (i) it must explain that only individuals displaying
valid identification demonstrating that they are 21 years of
age or older shall be eligible to purchase cigarettes or
tobacco products and (ii) it must explain where a clerk can
check identification for a date of birth. The training may be
conducted electronically. Each retailer that has a training
program shall require each employee who completes the training
program to sign a form attesting that the employee has
received and completed tobacco training. The form shall be
kept in the employee's file and may be used to provide proof of
training.
(d) The Department may, by application to any circuit
court, obtain an injunction restraining any person who engages
in business as a distributor of tobacco products without a
license (either because his or her license has been revoked,
canceled, or suspended or because of a failure to obtain a
license in the first instance) from engaging in that business
until that person, as if that person were a new applicant for a
license, complies with all of the conditions, restrictions,
and requirements of Section 10-20 of this Act and qualifies
for and obtains a license. Refusal or neglect to obey the order
of the court may result in punishment for contempt.

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(Source: P.A. 100-940, eff. 8-17-18; 101-2, eff. 7-1-19.)
Section 105. The Prevention of Cigarette Sales to Persons
under 21 Years of Age Act is amended by changing Sections 2 and
5 as follows:
(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, electronic cigarettes, or related flavor
products for personal use.
"Delivery sale" means any sale of cigarettes, electronic
cigarettes, or related flavor products 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

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presence of the buyer when the request for purchase or
order is made; or
(b) the cigarettes, electronic cigarettes, or related
flavor products 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, electronic
cigarettes, or related flavor products.
"Delivery service" means any person (other than a person
that makes a delivery sale) who delivers to the consumer the
cigarettes, electronic cigarettes, or related flavor products
sold in a delivery sale.
"Department" means the Department of Revenue.
"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,
electronic cigarettes, or related flavor products through the
United States Postal Service.
"Out-of-state sale" means a sale of cigarettes, electronic
cigarettes, or related flavor products 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,

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facsimile transmission, or the Internet or other online
service and where the cigarettes, electronic cigarettes, or
related flavor products 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, electronic cigarettes, or related
flavor products 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,
electronic cigarettes, or related flavor products.
(a) It is unlawful for any person engaged in the business
of selling cigarettes, electronic cigarettes, or related
flavor products to ship or cause to be shipped any cigarettes,
electronic cigarettes, or related flavor products unless the
person shipping the cigarettes:
(1) is licensed as a distributor under either the

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Cigarette Tax Act, or the Cigarette Use Tax Act, or the
Tobacco Products Tax Act of 1995; or delivers the
cigarettes, electronic cigarettes, or related flavor
products to a distributor 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. The term electronic cigarette has the
same meaning as defined in Section 10-5 of the Tobacco
Products Tax Act of 1995. The term related flavor product has
the same meaning as defined in Section 5 of the Flavored
Electronic Cigarette Ban Act. Nothing in this Act prohibits a
person licensed as a distributor under the Cigarette Tax Act
or the Cigarette Use Tax Act from shipping or causing to be
shipped any cigarettes to a registered retailer under the
Retailers' Occupation Tax Act provided the cigarette tax or
cigarette use tax has been paid.
(b) A common or contract carrier may transport cigarettes

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to any individual person in this State only if the carrier
reasonably believes such cigarettes have been received from a
person described in paragraph (a)(1). Common or contract
carriers may make deliveries of 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 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 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

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Illinois.
(d) When a person engaged in the business of selling
cigarettes ships or causes to be shipped any cigarettes to any
person in this State, other than in the 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".
(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, electronic cigarettes, or related flavor products
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, electronic cigarettes, or
related flavor products, and the cigarettes shall be subject
to a forfeiture action pursuant to the procedures provided
under the Cigarette Tax Act or Cigarette Use Tax Act.
(Source: P.A. 101-2, eff. 7-1-19.)
Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.