Sec. 12-37. Possession and sale of caustic and noxious substances.

398 words·~2 min read·/il/chapter-720/act-5/12-37

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

(a)Except as provided in subsection (b), it is unlawful for any person knowingly to have in his or her possession or to carry about any of the substances which are regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act and are required to contain the words "causes severe burns" as the affirmative statement of principal hazard on its label.

(b)Provided that the product is not used to threaten, intimidate, injure, or cause distress to another, the restrictions of subsection

(a)do not apply to:

(1)persons while engaged in the legitimate commercial manufacture, distribution,

storage, or use of the specified substances;

(2)persons while engaged in legitimate scientific or medical research, study, teaching

or treatment involving the use of such substances, including without limitation physicians, pharmacists, scientists, teachers, students, and employees of regularly established laboratories, manufacturing and wholesale pharmacies, retail pharmacies, medical treatment facilities, schools, colleges, and universities;

(3)persons who have procured any of the specified substances for medicinal purposes

upon a prescription of a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987;

(4)commercial or consumer products that contain any of the specified substances found

in subsection

(a)including, but not limited to, batteries;

(5)production agriculture as defined in Section 3-5 of the Use Tax Act;

(6)persons while engaged in the possession or transportation, or both, of a commercial

product containing any of the substances specified in subsection

(a)for retail sale;

(7)persons while engaged in the possession, transportation, or use, unrelated to a

retail sale, of any of the substances specified in subsection (a); or

(8)persons engaged in the possession, transportation, or use of a commercial product

containing any of the substances specified in subsection (a).

(c)Sentence. A violation of this Section is a Class 4 felony.

(d)The regulation of the possession and carrying of caustic and noxious substances under this Section is an exclusive power and function of the State. A home rule unit may not regulate the possession and carrying of caustic and noxious substances and any ordinance or local law contrary to this Section is declared void. This is a denial and limitation of home rule powers and functions under subsection

(h)of Section 6 of Article VII of the Illinois Constitution.