Sec. 45. Other banned products; other civil penalties; enforcement.

544 words·~2 min read·/il/chapter-415/act-170/45

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Beginning January 1, 2032, a person may not sell, offer for sale, or distribute for sale in this State the following products if the product contains intentionally added PFAS:

(1)cosmetics;

(2)dental floss;

(3)juvenile products;

(4)menstrual products; or

(5)intimate apparel.

(b)Subsection

(a)of this Section does not apply to:

(1)a product for which federal law governs the presence in the product of a

perfluoroalkyl substance or polyfluoroalkyl substance in a manner that preempts State authority;

(2)used products offered for sale or resale;

(3)an electronic or internal component of a product; or

(4)refrigerants, foams, and aerosol propellants that are listed as acceptable,

acceptable subject to use conditions, or acceptable subject to narrowed use limits by the United States Environmental Protection Agency pursuant to the Significant New Alternatives Policy Program, 40 CFR 82, Subpart G, as long as the refrigerant, foam, or aerosol propellant is sold, offered for sale, or distributed for sale for the use for which it is listed pursuant to that program, except to the extent the items described in this paragraph

(4)are used in personal care products.

(c)By August 1, 2027, the Agency shall submit a report to the General Assembly that includes an assessment of statutory and regulatory authority, administrative infrastructure, research capabilities, and funding necessary to develop and implement a program for the review of fluoropolymers used in consumer products and their potential threat to human health and the environment. The report shall include an assessment of available scientific data regarding fluoropolymers, as well as an assessment of other State or federal statutory or regulatory actions taken regarding fluoropolymers. The report shall also include an assessment of potential critical uses of fluoropolymers and their relation to the supply chain. In this subsection, "fluoropolymers" means fluoropolymers consisting of polymeric substances for which the backbone of the polymer is either a perfluorinated or polyfluorinated carbon-only backbone or a perfluorinated polyether.

(d)A person, other than a manufacturer subject to Section 35 of this Act, who knowingly violates this Section is subject to a civil penalty not to exceed $5,000 for the first violation and a civil penalty not to exceed $10,000 for each subsequent violation. Civil penalties collected under this Section must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act.

(e)This Act and the civil penalties in this Act may be enforced by the Attorney General or the State's Attorney of the county where the violation occurs by bringing an action in the name of the People of the State of Illinois in a court of competent jurisdiction alleging a violation of this Act. Nothing in this Act shall be construed to limit the Attorney General or the State's Attorney of the county where the violation occurs from seeking equitable remedies or other remedies in common law, in State or federal statute, or in State or federal rules or regulations to enforce this Act or to remedy harm from any action or omission in violation of this Act or in violation of common law, State or federal statute, or State or federal rules or regulations.