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SB 3244

ELECTRONIC CIG REQUIREMENTS

104th Regular Session Introduced by Sue Rezin

Illinois requires e-cigarette manufacturers to register products with IDOR and attest FDA status, creating a public registry and fines for noncompliance.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 3244

Summary of Bill SB3244 (104th General Assembly, Illinois)

Purpose and intent

  • Create a state-registry and pre-sale registration requirement for electronic cigarettes (e-cigarettes) sold in Illinois.
  • Target: ensure that all electronic cigarette products sold in Illinois are properly registered and that authorities can verify compliance.
  • Establish penalties for manufacturers and retailers that fail to comply, with an emphasis on enforcement by multiple agencies and public transparency.

Key provisions and changes

Section 1.6 – Manufacturer registration and affidavit (new)

  • Before any electronic cigarettes may be sold in Illinois, each manufacturer must:
    • Register its electronic cigarette products with the Illinois Department of Revenue (IDOR).
    • Submit an affidavit to IDOR containing:
    • Confirmation of the manufacturer and that the product is sold or intended to be sold in Illinois.
    • Attestation that the product was available in the U.S. as of a stated date and that the manufacturer has applied for FDA marketing authorization (Premarket Tobacco Product Application) or has received FDA authorization.
    • Notification obligations to IDOR within 30 days of any material change to the attestation (including FDA status or removal orders).
    • Acknowledgment that it is unlawful to sell or distribute an electronic cigarette product that is not listed in the directory maintained by IDOR.
  • The information from the affidavit will populate a publicly accessible registry on IDOR’s website, updated daily.
  • Enforcement: IDOR, the Department of Public Health, the Attorney General, and local law enforcement may seize non-compliant e-cigarette products.
  • IDOR shall adopt rules to enforce these provisions.
  • Violation by a manufacturer is a Class A misdemeanor.

Section 2 – Penalties and enforcement mechanics

  • Penalties for violations of Section 1.6 and related subsections:
    • Manufacturers:
    • First offense within a 24-month period: petty offense; $200 fine if the employer has a tobacco-age compliance training program.
    • Second offense: $400 fine (if the employer has a compliant training program).
    • Third offense: $600 fine (if the employer has a compliant training program).
    • Fourth or subsequent offense: $800 fine (if the employer has a compliant training program).
    • Retailers:
    • First offense within a 24-month period: petty offense; $200 fine if the retailer lacks a compliant training program.
    • Second offense: $400 fine.
    • Third offense: $600 fine.
    • Fourth or subsequent offense: $800 fine.
    • The increases are contingent on the retailer or employer maintaining a minimum-age tobacco-law training program. The 24-month clock starts with the first violation.
    • Penalties stack with other penalties under the Cigarette Tax Act and the Tobacco Products Tax Act of 1995.
  • Training program requirements (a-6):
    • Programs must explain that only individuals with valid 21+ identification may purchase tobacco products, including e-cigarettes.
    • Programs must explain where clerks can check IDs.
    • Training may be conducted electronically.
    • Each employee completing training must sign a certification form, kept in the employee’s file as proof of training.
  • Manufacturer violation of Section 1.6 is a Class A misdemeanor.
  • Minor violations by those under 21 (Section 1.6(a-??)) would be Class A misdemeanor for the under-21 violator (though specifics are marked as “(Blank)” in the text provided).
  • Fine revenues:
    • All fines collected under these provisions are split: 50% to the local prosecuting unit or government that secured the conviction; 50% to the State to support enforcement of this Act.

Effective date

  • The act takes effect immediately upon becoming law.

Who is affected

  • Electronic cigarette manufacturers:
    • Must register products with IDOR and file daily-updated affidavits asserting FDA status and authorization.
    • Must ensure products are listed in the mandatory directory to be legally sold in Illinois.
  • Retailers and employers:
    • Must ensure employees complete tobacco-age compliance training.
    • Face escalating fines for violations in the absence of compliant training.
  • State agencies:
    • Illinois Department of Revenue (IDOR) to administer the registry, enforce the provisions, and promulgate rules.
    • Department of Public Health, Attorney General, and local law enforcement to enforce and seize non-compliant products.

Procedural and timeline aspects

  • Registry: Daily-updated, publicly accessible directory maintained by IDOR.
  • Affidavit and registration: Required before e-cigarettes may be sold in Illinois; linkage to FDA marketing status or authorization.
  • Training program requirement: Implemented to mitigate penalties; must be in place to avoid the higher fine levels.
  • Penalty structure: Graduated fines over a 24-month window for both manufacturers and retailers; 50/50 distribution of collected fines between local prosecuting authorities and the State.
  • Implementation: Immediate effectiveness upon becoming law.

Overall impact

SB3244 imposes a new regulatory framework for electronic cigarettes in Illinois, creating a public registry of permitted products, requiring manufacturer attestation of FDA status, and establishing enforceable penalties with a focus on compliance training. The bill aims to deter non-compliance through heightened enforcement visibility and information transparency while providing a pathways for legal sales of e-cigarettes through an approved registry.

Compiled from official sources — confirm details with the bill’s official record.

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