Bill Text: IL SB2950 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Creates the Toxin-Free Toddler Act. Provides that, beginning January 1, 2013, no manufacturer or wholesaler may sell or offer for sale in this State a children's food or beverage container that contains bisphenol A (BPA). Provides that, beginning January 1, 2014, no retailer may sell or offer for sale in this State a children's food or beverage container that contains bisphenol A (BPA). Provides for enforcement by the Attorney General. Authorizes the imposition of a $200 civil penalty for violations of the Act. Defines "child", "children's food or beverage container", "manufacturer", "retailer", and "wholesaler". Effective immediately.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2012-08-27 - Public Act . . . . . . . . . 97-1101 [SB2950 Detail]

Download: Illinois-2011-SB2950-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB2950 Introduced 2/1/2012, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
New Act
Creates the Toxin-Free Toddler Act. Provides that, beginning January 1, 2013, no manufacturer or wholesaler may sell or offer for sale in this State a children's food or beverage container that contains bisphenol A (BPA). Provides that, beginning January 1, 2014, no retailer may sell or offer for sale in this State a children's food or beverage container that contains bisphenol A (BPA). Provides for enforcement by the Attorney General. Authorizes the imposition of a $200 civil penalty for violations of the Act. Defines "child", "children's food or beverage container", "manufacturer", "retailer", and "wholesaler". Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
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
Toxin-Free Toddler Act.
Section 5. Definitions.
"Child" means any person who is less than 3 years of age.
"Children's food or beverage container" means an empty
bottle or cup to be filled with food or liquid that is designed
or intended by a manufacturer to be used by a child.
"Manufacturer" means any person who makes and places a
children's food or beverage container into the stream of
commerce.
"Retailer" means any person other than a manufacturer,
distributor, or wholesaler who sells at retail children's food
or beverage containers. "Sell at retail" has the same meaning
as provided under Section 1 of the Retailers' Occupation Tax
Act.
"Wholesaler" means any person, other than a manufacturer or
retailer, who sells or resells or otherwise places a children's
food or beverage container into the stream of commerce.
Section 10. Prohibit Bisphenol A in children's food or

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beverage containers.
(a) Beginning January 1, 2013, no manufacturer or
wholesaler may sell or offer for sale in this State a
children's food or beverage container that contains bisphenol
A.
(b) Beginning January 1, 2014, no retailer may sell or
offer for sale in this State a children's food or beverage
container that contains bisphenol A.
(c) This Section does not apply to the sale of a used
children's food or beverage container.
Section 15. Enforcement.
(a) The Attorney General may bring an action in the name of
the People of the State of Illinois to enforce the provisions
of this Act in the circuit court of any county in which a
violation occurs.
(b) When (i) it appears to the Attorney General that a
manufacturer, wholesaler, or retailer has engaged in or is
engaging in any practice declared to be in violation of this
Act, or (ii) the Attorney General receives a written complaint
from a consumer of the commission of a practice declared to be
in violation of this Act, or (iii) the Attorney General
believes it to be in the public interest that an investigation
should be made to ascertain whether a person in fact has
engaged in or is engaging in any practice declared to be in
violation of this Act, the Attorney General may:

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(1) Require that person to file, on terms that the
Attorney General prescribes, a statement or report in
writing under oath or otherwise, as to all information the
Attorney General considers necessary.
(2) Examine under oath any person in connection with
the conduct of any trade or commerce.
(3) Examine any merchandise or sample thereof, record,
book, document, account, or paper the Attorney General
considers necessary.
(4) Pursuant to an order of the circuit court, impound
any record, book, document, account, paper, or sample of a
children's food or beverage container, and retain it in the
Attorney General's possession until the completion of all
proceedings in connection with which it is produced.
(c) In the administration of this Act, the Attorney General
may accept an assurance of voluntary compliance with respect to
any practice deemed to be a violation of this Act from any
manufacturer, wholesaler, or retailer who has engaged in or is
engaging in that practice. Evidence of the violation of an
assurance of voluntary compliance shall be prima facie evidence
of a violation of this Act in any subsequent proceeding brought
by the Attorney General against the alleged violator with
regard to the specific violation or violations addressed in the
assurance of voluntary compliance.
(d) Whenever the Attorney General has reason to believe
that any manufacturer, wholesaler, or retailer has engaged in

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or is engaging in any practice in violation of this Act and
that proceedings would be in the public interest, he or she may
bring an action in the name of the People of the State against
that manufacturer, wholesaler, or retailer to restrain by
preliminary or permanent injunction the use of that practice.
(e) Civil penalties paid under Section 20 shall be
deposited into the Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund. Moneys in the Fund shall be
used, subject to appropriation, for the performance of any
function pertaining to the exercise of the duties of the
Attorney General, including, but not limited to, enforcement of
any law of this State and conducting public education programs.
Any moneys in the Fund that are required by the court or by an
agreement to be used for a particular purpose must be used for
that purpose, however.
Section 20. Penalties. A manufacturer, retailer, or
wholesaler who violates this Act is subject to a civil penalty
in an amount not to exceed $200 for each day that the violation
continues.
Section 99. Effective date. This Act takes effect upon
becoming law.