Bill Text: IL SB2637 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Illinois Food, Drug and Cosmetic Act. Provides that, beginning January 1, 2027, a person or entity shall not manufacture, sell, deliver, distribute, hold, or offer for sale a food product for human consumption that contains brominated vegetable oil, potassium bromate, propylparaben, or red dye 3. Provides that a person or entity that violates the prohibition shall be liable for a civil penalty not to exceed $5,000 for a first violation and not to exceed $10,000 for each subsequent violation. Makes a conforming change.
Spectrum: Partisan Bill (Democrat 27-0)
Status: (Engrossed) 2024-05-21 - Added Alternate Co-Sponsor Rep. Cyril Nichols [SB2637 Detail]
Download: Illinois-2023-SB2637-Engrossed.html
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| 1 | AN ACT concerning health.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Food, Drug and Cosmetic Act is | ||||||
| 5 | amended by changing Section 5 and by adding Section 13.5 as | ||||||
| 6 | follows:
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| 7 | (410 ILCS 620/5) (from Ch. 56 1/2, par. 505) | ||||||
| 8 | Sec. 5. Penalties. | ||||||
| 9 | (a) A person who violates any of the provisions of this | ||||||
| 10 | Act, other than Sections 3.22, and 6, and 13.5, is guilty of a | ||||||
| 11 | Class C misdemeanor; but if the violation is committed after a | ||||||
| 12 | conviction of such person under this Section has become final, | ||||||
| 13 | the person shall be guilty of a Class A misdemeanor. A person | ||||||
| 14 | who violates the provisions of Section 6 of this Act is guilty | ||||||
| 15 | of a Class A misdemeanor; but if the violation is committed | ||||||
| 16 | after a conviction of such person under this Section has | ||||||
| 17 | become final, the person shall be guilty of a Class 4 felony. | ||||||
| 18 | (b) No person is subject to the penalties of subsection | ||||||
| 19 | (a) of this Section for (1) violating Section 3.1 or 3.3 if he | ||||||
| 20 | establishes a guaranty or undertaking signed by and containing | ||||||
| 21 | the name and address of the person residing in the State of | ||||||
| 22 | Illinois from whom he received the article in good faith, to | ||||||
| 23 | the effect that the article is not adulterated within the | ||||||
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| 1 | meaning of this Act, designating this Act; or (2) for having | ||||||
| 2 | violated clause (2) of Section 3.16 if such person acted in | ||||||
| 3 | good faith and had no reason to believe that the use of the | ||||||
| 4 | punch, die, plate, stone or other thing involved would result | ||||||
| 5 | in a drug being a counterfeit drug, or for having violated | ||||||
| 6 | clause (3) of Section 3.16 if the person doing the act or | ||||||
| 7 | causing it to be done acted in good faith and had no reason to | ||||||
| 8 | believe that the drug was a counterfeit drug. | ||||||
| 9 | (c) No publisher, radio-broadcast licensee, agency or | ||||||
| 10 | medium for the dissemination of an advertisement, except the | ||||||
| 11 | manufacturer, packer, distributor or seller of the article to | ||||||
| 12 | which a false advertisement relates is liable under this | ||||||
| 13 | Section for the dissemination of such false advertisement | ||||||
| 14 | unless he has refused on the request of the Director to furnish | ||||||
| 15 | the Director the name and post office address of the | ||||||
| 16 | manufacturer, packer, distributor, seller or advertising | ||||||
| 17 | agency residing in the State of Illinois who causes him to | ||||||
| 18 | disseminate such advertisement. | ||||||
| 19 | (d) No person shall be subject to the penalties of | ||||||
| 20 | subsection (a) of this Section for a violation of Section 3 | ||||||
| 21 | involving misbranded food if the violation exists solely | ||||||
| 22 | because the food is misbranded under subsection (c) of Section | ||||||
| 23 | 11 because of its advertising, and no person shall be subject | ||||||
| 24 | to the penalties of subsection (a) of this Section for such a | ||||||
| 25 | violation unless the violation is committed with the intent to | ||||||
| 26 | defraud or mislead. | ||||||
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| 1 | (Source: P.A. 97-872, eff. 7-31-12.)
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| 2 | (410 ILCS 620/13.5 new) | ||||||
| 3 | Sec. 13.5. Prohibited food additives. | ||||||
| 4 | (a) Beginning January 1, 2027, a person or entity shall | ||||||
| 5 | not manufacture a food product for human consumption that | ||||||
| 6 | contains any of the following substances: | ||||||
| 7 | (1) Brominated vegetable oil (Chemical Abstract | ||||||
| 8 | Services number 8016-94-2). | ||||||
| 9 | (2) Potassium bromate (Chemical Abstract Services | ||||||
| 10 | number 7758-01-2). | ||||||
| 11 | (3) Propylparaben (Chemical Abstract Services number | ||||||
| 12 | 94-13-3). | ||||||
| 13 | (4) Red dye 3 (Chemical Abstract Services number | ||||||
| 14 | 16423-68-0). | ||||||
| 15 | (b) Beginning January 1, 2028, a person or entity shall | ||||||
| 16 | not sell, deliver, distribute, hold, or offer for sale a food | ||||||
| 17 | product for human consumption that contains any of the | ||||||
| 18 | substances listed in paragraphs (1) through (4) of subsection | ||||||
| 19 | (a). | ||||||
| 20 | (c) A person or entity that violates subsection (a) or (b) | ||||||
| 21 | shall be liable for a civil penalty not to exceed $5,000 for a | ||||||
| 22 | first violation and not to exceed $10,000 for each subsequent | ||||||
| 23 | violation. A violation of this Section may be enforced by the | ||||||
| 24 | Attorney General or the State's Attorney of the county in | ||||||
| 25 | which the violation occurred. | ||||||
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