Illinois

[Doomsday Vaper]

http://ilga.gov/legislation/fulltex...=3883&GAID=15&LegID=121945&SpecSess=&Session=

 

[DaBunny]

http://ilga.gov/legislation/fulltex...=3883&GAID=15&LegID=121945&SpecSess=&Session=

this sucks.
Full Text of HB3883 101st General Assembly
Introduced
Printer-Friendly Version PDF Bill Status






101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3883


Introduced , by Rep. Deb Conroy


SYNOPSIS AS INTRODUCED:

New Act
35 ILCS 143/10-25




Creates the Flavored Tobacco Ban Act. Prohibits the sale or distribution by an establishment of any flavored tobacco product. Provides that the Department of Public Health shall enforce the Act and may adopt rules or guidelines for the implementation and enforcement of the Act. Amends the Tobacco Products Tax Act of 1995. Permits the Department of Revenue to suspend the license of any distributor that violates the Flavored Tobacco Ban Act.



LRB101 14174 CPF 63042 b







A BILL FOR






HB3883 LRB101 14174 CPF 63042 b



1 AN ACT concerning health.

2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the
5 Flavored Tobacco Ban Act.

6 Section 5. Definitions. In this Act:
7 "Alternative nicotine product" means a product or device
8 not consisting of or containing tobacco that provides for the
9 ingestion into the body of nicotine, whether by chewing,
10 smoking, absorbing, dissolving, inhaling, snorting, sniffing,
11 or by any other means.
12 "Characterizing flavor" means a distinguishable taste or
13 aroma, other than the taste or aroma of tobacco, imparted by a
14 tobacco product or any byproduct produced by the tobacco
15 product. "Characterizing flavor" includes, but is not limited
16 to, tastes or aromas relating to any fruit, chocolate, vanilla,
17 honey, candy, cocoa, dessert, alcoholic beverage, mint,
18 wintergreen, herb, or spice. "Characterizing flavor" does not
19 include tastes or aromas relating to menthol. A tobacco product
20 does not have a characterizing flavor solely because of the use
21 of additives or flavorings or the provision of ingredient
22 information. Rather, it is the presence of a distinguishable
23 taste or aroma that constitutes a characterizing flavor.






HB3883 - 2 - LRB101 14174 CPF 63042 b



1 "Constituent" means any ingredient, substance, chemical,
2 or compound, other than tobacco, water, or reconstituted
3 tobacco sheet, that is added by a manufacturer to a tobacco
4 product during the processing, manufacture, or packing of the
5 tobacco product.
6 "Department" means the Department of Public Health.
7 "Distinguishable" means perceivable by either the sense of
8 smell or taste.
9 "Electronic cigarette" means:
10 (1) any device that employs a battery or other
11 mechanism to heat a solution or substance to produce a
12 vapor or aerosol intended for inhalation;
13 (2) any cartridge or container of a solution or
14 substance intended to be used with or in the device or to
15 refill the device; or
16 (3) any solution or substance, whether or not it
17 contains nicotine, intended for use in the device.
18 "Electronic cigarette" includes, but is not limited to, any
19 electronic nicotine delivery system, electronic cigar,
20 electronic cigarillo, electronic pipe, electronic hookah, vape
21 pen, or similar product or device, and any components or parts
22 that can be used to build the product or device.
23 "Establishment" means a retailer's place of business open
24 to the general public for the sale of goods or services related
25 to tobacco products.
26 "Flavored tobacco product" means any tobacco product that






HB3883 - 3 - LRB101 14174 CPF 63042 b



1 contains a constituent that imparts a characterizing flavor.
2 "Labeling" means written, printed, pictorial, or graphic
3 matter upon any tobacco product or any of its packaging.
4 "Packaging" means a pack, box, carton, or container of any
5 kind or, if no other container, any wrapping or cellophane in
6 which a tobacco product is sold or offered for sale to a
7 consumer.
8 "Retailer" means a person who sells or offers for sale
9 flavored cigarettes, flavored tobacco products, or tobacco
10 products for use or consumption and not for resale in any form.
11 "Tobacco product" means any product containing or made from
12 tobacco that is intended for human consumption, whether smoked,
13 heated, chewed, absorbed, dissolved, inhaled, snorted,
14 sniffed, or ingested by any other means, including, but not
15 limited to, cigarettes, electronic cigarettes, cigars, little
16 cigars, chewing tobacco, pipe tobacco, alternative nicotine
17 products, snuff, snus, and any other smokeless tobacco product
18 which contains tobacco that is finely cut, ground, powdered, or
19 leaf and intended to be placed in the oral cavity. "Tobacco
20 product" includes any component, part, or accessory of a
21 tobacco product, whether or not sold separately. "Tobacco
22 product" does not include any product that has been approved by
23 the United States Food and Drug Administration for sale as a
24 tobacco cessation product, as a tobacco dependence product, or
25 for other medical purposes, and is being marketed and sold
26 solely for that approved purpose.







HB3883 - 4 - LRB101 14174 CPF 63042 b



1 Section 10. Sale or distribution of flavored tobacco
2 products prohibited.
3 (a) The sale or distribution by an establishment of any
4 flavored tobacco product is prohibited.
5 (b) There is a rebuttable presumption that a tobacco
6 product is a flavored tobacco product if a manufacturer or any
7 of a manufacturer's agents or employees, in the course of their
8 agency or employment, has made a statement or claim directed to
9 consumers or to the public that the tobacco product has or
10 produces a characterizing flavor, including, but not limited
11 to, text, color, or images on the product's labeling or
12 packaging that are used to explicitly or implicitly communicate
13 that the tobacco product has a characterizing flavor.

14 Section 15. Administrative rules; enforcement. The
15 Department shall enforce this Act and may adopt rules or
16 guidelines for the implementation and enforcement of this Act.

17 Section 20. Violations. Upon a decision by the Department
18 that an establishment or an establishment's agent or employee
19 has engaged in any conduct that violates this Act, the
20 Department of Revenue may suspend that establishment's
21 retailer's license under Section 10-25 of the Tobacco Products
22 Tax Act of 1995. Any suspension shall be preceded by a notice
23 of correction or a notice of initial determination of

 

[MrMeowgi]

Shit

 

[wildgypsy70]

Here we go......

 

[IcepickMaker84]

Wonder when Indiana will follow suit.


Sent from my iPhone using Tapatalk

 

[ChainVapeS]

Jeepers. Shit's hitting the fan everywhere.
It's looking more and more like diy juice is going to be the way to go... until they start banning the sale of bulk nicotine solution.

Sent from my SM-N950U using Tapatalk

 

[wildgypsy70]

Jeepers. Shit's hitting the fan everywhere.
It's looking more and more like diy juice is going to be the way to go... until they start banning the sale of bulk nicotine solution.

Sent from my SM-N950U using Tapatalk

When you’re ready....

Ya....start stocking up on nic. That’s what’s gonna be tough to get.

 

[RonJS]

---------------
23 "Establishment" means a retailer's place of business open
24 to the general public for the sale of goods or services related
25 to tobacco products.
---

I live in IL. In my 5 or so years of vaping, other than some VG from Walmart, I have never bought any vape products from any IL "Establishment". Heck, In Chicago, (or in Crook County) buying 30ml of juice can run one more than $15 in taxes! Why I make my own juice, it's just another reason I have avoided visiting Chicago... for years.

To me, it's just another grandstanding IL politician looking for some free air time.

-----
" or similar product or device, and any components or parts
22 that can be used to build the product or device."
----
If we can't buy wire or wicking materials from an "Establishment", where ...Oh Where! ... will one be able to find such materials?

 

[Jinx'd]

seems this is dead in the water.