Bill Text: IL SB2950 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
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1 | AMENDMENT TO SENATE BILL 2950
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2 | AMENDMENT NO. ______. Amend Senate Bill 2950 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Toxin-Free Toddler Act.
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6 | Section 5. Definitions. | ||||||
7 | "Child" means any person
who is less than 3 years of age. | ||||||
8 | "Children's food or beverage container" means an empty | ||||||
9 | bottle or cup to be filled with food or liquid that is designed | ||||||
10 | or intended by a manufacturer to be used by a child. | ||||||
11 | "Manufacturer" means any person who makes and places a | ||||||
12 | children's food or beverage container into the stream of | ||||||
13 | commerce. | ||||||
14 | "Retailer" means any person other than a manufacturer, | ||||||
15 | distributor, or wholesaler who sells at retail children's food | ||||||
16 | or beverage containers. "Sell at retail" has the same meaning |
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1 | as provided under Section 1 of the Retailers' Occupation Tax | ||||||
2 | Act. | ||||||
3 | "Wholesaler" means any person, other than a manufacturer or | ||||||
4 | retailer, who sells or resells or otherwise places a children's | ||||||
5 | food or beverage container into the stream of commerce.
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6 | Section 10. Prohibit Bisphenol A in children's food or | ||||||
7 | beverage containers. | ||||||
8 | (a) Beginning January 1, 2013, a manufacturer or wholesaler | ||||||
9 | may not sell or offer for sale in this State a children's food | ||||||
10 | or beverage container that contains bisphenol A. | ||||||
11 | (b) Beginning January 1, 2014, a retailer may not knowingly | ||||||
12 | sell or offer for sale in this State a children's food or | ||||||
13 | beverage container that contains bisphenol A. | ||||||
14 | (c) This Section does not apply to the sale of a used | ||||||
15 | children's food or beverage container.
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16 | Section 15. Enforcement. | ||||||
17 | (a) The Attorney General may bring an action in the name of | ||||||
18 | the
People of the State of Illinois to enforce the provisions | ||||||
19 | of this Act in the circuit court of any county in which a | ||||||
20 | violation occurs. | ||||||
21 | (b) When (i) it appears to the Attorney General that a | ||||||
22 | manufacturer, wholesaler, or retailer has engaged in or is | ||||||
23 | engaging in any practice declared to be in violation of this | ||||||
24 | Act, or (ii) the Attorney General receives a written complaint |
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1 | from a consumer of the commission of a practice declared to be | ||||||
2 | in violation of this Act, or (iii) the Attorney General | ||||||
3 | believes it to be in the public interest that an investigation | ||||||
4 | should be made to ascertain whether a person in fact has | ||||||
5 | engaged in or is engaging in any practice declared to be in | ||||||
6 | violation of this Act, the Attorney General may: | ||||||
7 | (1) Require that person to file, on terms that the | ||||||
8 | Attorney General prescribes, a statement or report in | ||||||
9 | writing under oath or otherwise, as to all information the | ||||||
10 | Attorney General considers necessary. | ||||||
11 | (2)
Examine under oath any person in connection with | ||||||
12 | the conduct of any trade or commerce. | ||||||
13 | (3) Examine any merchandise or sample thereof, record, | ||||||
14 | book, document, account, or paper the Attorney General | ||||||
15 | considers necessary. | ||||||
16 | (4) Pursuant to an order of the circuit court, impound | ||||||
17 | any record, book, document, account, paper, or sample of a | ||||||
18 | children's food or beverage container, and retain it in the | ||||||
19 | Attorney General's possession until the completion of all | ||||||
20 | proceedings in connection with which it is produced. | ||||||
21 | (c) In the administration of this Act, the Attorney General | ||||||
22 | may accept an assurance of voluntary compliance with respect to | ||||||
23 | any practice deemed to be a violation of this Act from any | ||||||
24 | manufacturer, wholesaler, or retailer who has engaged in or is | ||||||
25 | engaging in that practice. Evidence of the violation of an | ||||||
26 | assurance of voluntary compliance shall be prima facie evidence |
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1 | of a violation of this Act in any subsequent proceeding brought | ||||||
2 | by the Attorney General against the alleged violator with | ||||||
3 | regard to the specific violation or violations addressed in the | ||||||
4 | assurance of voluntary compliance. | ||||||
5 | (d) Whenever the Attorney General has reason to believe | ||||||
6 | that any manufacturer, wholesaler, or retailer has engaged in | ||||||
7 | or is engaging in any practice in violation of this Act and | ||||||
8 | that proceedings would be in the public interest, he or she may | ||||||
9 | bring an action in the name of the People of the State against | ||||||
10 | that manufacturer, wholesaler, or retailer to restrain by | ||||||
11 | preliminary or permanent injunction the use of that practice. | ||||||
12 | (e) Civil penalties paid under Section 20 shall be | ||||||
13 | deposited into the Attorney General Court Ordered and Voluntary | ||||||
14 | Compliance Payment Projects Fund. Moneys in the Fund shall be | ||||||
15 | used, subject to appropriation, for the performance of any | ||||||
16 | function pertaining to the exercise of the duties of the | ||||||
17 | Attorney General, including, but not limited to, enforcement of | ||||||
18 | any law of this State and conducting public education programs. | ||||||
19 | Any moneys in the Fund that are required by the court or by an | ||||||
20 | agreement to be used for a particular purpose must be used for | ||||||
21 | that purpose, however.
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22 | Section 20. Penalties. A manufacturer, retailer, or | ||||||
23 | wholesaler who violates this Act is subject to a civil penalty | ||||||
24 | in an amount not to exceed $200 for each day that the violation | ||||||
25 | continues.
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1 | Section 98. Repeal. This Act shall be repealed if the | ||||||
2 | United States Food and Drug Administration promulgates a final | ||||||
3 | rule amending its food additive regulations in order to | ||||||
4 | prohibit the use of polycarbonate resins in infant feeding | ||||||
5 | bottles and spill-proof cups.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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