SB 512

Abstract

Creates the Preventing Youth Vaping Act. Provides that it is unlawful for a person to sell or distribute specified electronic cigarettes and electronic cigarette packaging. Contains advertising and manufacturing requirements. Provides civil and criminal penalties. Provides that the Department of Agriculture, Department of Revenue, Department of Public Health, and Illinois State Police shall have equal and joint authority to administer and enforce the Act, may adopt rules, and may inspect any business that manufactures, transports, or distributes electronic cigarettes to ensure compliance with the Act. Amends the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Removes language providing that an "electronic cigarette" does not include a tobacco product and that a "tobacco product" does not include an electronic cigarette. Provides prohibitions regarding the sale of electronic cigarettes and allows specified peace officers to seize any tobacco products or electronic cigarettes involved in a specified violation. Makes other changes. Amends the Prevention of Cigarette Sales to Persons under 21 Years of Age Act. Changes the Act's title to the Prevention of Cigarette and Electronic Cigarette Sales to Persons under 21 Years of Age Act. Defines "electronic cigarette" and refers to electronic cigarettes in conjunction with cigarettes. Makes other changes. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 720 ILCS 678/9 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. In provisions of the Preventing Youth Vaping Act regarding prohibitions, removes language providing that it is unlawful to sell in any one transaction more than 2 electronic cigarettes, 4 prepackaged cartridges of electronic cigarette solution, or 100 milliliters of electronic cigarette solution to a consumer. Provides that "electronic cigarette" does not include any device that meets the definition of cannabis paraphernalia under the Cannabis Regulation and Tax Act. Provides that electronic cigarettes first sold prior to August 8, 2016 and for which a premarket tobacco product application was submitted to the U.S. Food and Drug Administration by September 9, 2020 shall not be deemed to be in violation of specified provisions. Removes language requiring manufacturers to annually submit specified reports and lists of ingredients to the Attorney General. In provisions amending the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, provides that no person shall honor or accept any discount, coupon, or other benefit or reduction in price that is inconsistent with specified provisions, subsequent United States Food and Drug Administration industry guidance, or any rules adopted under the specified federal provisions (instead of specified prohibitions). Makes other changes. In provisions amending the Prevention of Cigarette Sales to Persons under 21 Years of Age Act, removes changes to provisions concerning statements for delivery sales. Makes other changes. Effective immediately. House Floor Amendment No. 3 In provisions creating the Preventing Youth Vaping Act, provides that the Department of Revenue may adopt rules that are reasonable, necessary, and related to the administration and enforcement of the provisions of the Act (rather than providing that the Department of Agriculture, the Department of Revenue, the Department of Public Health, and the Illinois State Police shall have equal and joint authority to administer and enforce the Act and may adopt rules for the purpose of administering and enforcing the Act). Provides that the Department of Revenue, the Department of Public Health, a local public health department, the Department of Human Services, the Illinois State Police, a county sheriff, and a municipal police department (rather than the Department of Agriculture, Department of Revenue, Department of Public Health, and Illinois State Police) may inspect any business that sells, manufactures, transports, or distributes electronic cigarettes in the State to ensure compliance with the Act. Requires any violation of the Act to be reported to the Department of Revenue within 7 business days. In provisions amending the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act, removes language providing that no person under 21 years of age shall buy any tobacco product, electronic cigarette, or alternative nicotine product. Provides that any peace officer or duly authorized member of the Illinois State Police, a county sheriff's department, a municipal police department, the Department of Revenue, the Department of Public Health, a local health department, or the Department of Human Services (rather than any peace officer or duly authorized member of the Department of Revenue or the Department of Public Health) may seize specified products. Provides that after the Department of Revenue has seized any tobacco product, nicotine product, or electronic cigarette under the amendatory provisions and a person having any property interest in the seized property has not been charged with an offense under specified provisions, the Department of Revenue must hold a hearing and determine specified information. Removes language providing an immediate effective date. Makes other changes.