FLAVORED TOBACCO-BAN

Illinois General Assembly - Full Text of SB3148

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3148

Introduced 2/2/2026, by Sen. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:

See Index

Creates the Flavored Tobacco Ban Act. Provides that a distributor,
secondary distributor, retailer, or any of the retailer's agents or
employees may not sell, offer for sale, or possess with the intent to sell
or offer for sale a flavored tobacco product, flavored related tobacco
product, flavored alternative nicotine product, or flavored solution or
substance intended for use with electronic cigarettes. Provides that a
distributor may temporarily possess or store in the State, flavored
tobacco products, related tobacco products, flavored alternative nicotine
products, or flavored solutions or substances intended for use with
electronic cigarettes, acquired by the distributor outside this State
that, after being brought into this State and possessed or stored here
temporarily, are shipped by the distributor outside the State. Provides
that there is a rebuttable presumption that a tobacco product, related
tobacco product, alternative nicotine product, or solution or substance
intended for use with electronic cigarettes is a flavored tobacco product,
flavored related tobacco product, flavored alternative nicotine product,
or flavored solution or substance intended for use with electronic
cigarettes if the tobacco product, related tobacco product, alternative
nicotine product, or solution or substance intended for use with
electronic cigarettes has or produces a characterizing flavor or, if a
manufacturer or any of a manufacturer's agents or employees, in the course
of their agency or employment, has made a statement or claim directed to
consumers or to the public that the tobacco product, alternative nicotine
product, or solution or substance intended for use with electronic
cigarettes has or produces a characterizing flavor, including, but not
limited to, text, color, or images on the product's labeling or packaging
that are used to explicitly or implicitly communicate or suggest that the
tobacco product, related tobacco product, alternative nicotine product, or
solution or substance intended for use with electronic cigarettes has a
characterizing flavor. Provides for the suspension of distributors
licenses for violation of the Act. Requires the Department of Human
Services to enforce the Act. Grants the Department rulemaking powers.
Amends various other Acts to make conforming changes. Effective June 1,
2026.
LRB104 20194 RLC 33645 b

A BILL FOR

SB3148
LRB104 20194 RLC 33645 b
1

AN ACT concerning flavored tobacco.

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. "Alternative nicotine product" does not
12
include: cigarettes as defined in Section 1 of the Cigarette
13
Tax Act and tobacco products as defined in Section 10-5 of the
14
Tobacco Products Tax Act of 1995; tobacco product and
15
electronic cigarette as defined in this Section; or any
16
product that is approved by the United States Food and Drug
17
Administration for sale as a tobacco cessation product, as a
18
tobacco dependence product, or for other medical purposes, and
19
that is being marketed and sold solely for that approved
20
purpose.
21

"Characterizing flavor" means a distinguishable taste or
22
aroma, other than the taste or aroma of tobacco, including,
23
but not limited to, any fruit, chocolate, vanilla, honey,

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1
candy, cocoa, dessert, alcoholic beverage, mint, menthol,
2
wintergreen, herb, or spice flavoring. In no event shall a
3
tobacco product, related tobacco product, alternative nicotine
4
product, or solution or substance intended for use with
5
electronic cigarettes or any component part of a tobacco
6
product, related tobacco product, alternative nicotine
7
product, or solution or substance intended for use with
8
electronic cigarettes be construed to have a characterizing
9
flavor based solely on the use of trace additives or
10
flavorings or the provision of ingredient information.
11

"Department" means the Department of Human Services.
12

"Distinguishable" means perceivable by either the sense of
13
smell or taste.
14

"Distributor" means a person who sells, offers for sale,
15
or transfers any flavored cigarettes, flavored tobacco
16
products, or tobacco products for resale and not for use or
17
consumption. "Distributor" includes a "distributor" as defined
18
in Section 1 of the Cigarette Tax Act, Section 1 of the
19
Cigarette Use Tax Act, and Section 10-5 of the Tobacco
20
Products Tax Act of 1995.
21

"Electronic cigarette" means:
22

(1) any device that employs a battery or other
23

mechanism to heat a solution or substance to produce a
24

vapor or aerosol intended for inhalation;
25

(2) any cartridge or container of a solution or
26

substance intended to be used with or in the device or to

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LRB104 20194 RLC 33645 b
1

refill the device; or
2

(3) any solution or substance, whether or not it
3

contains nicotine, intended for use in the device.
4

"Electronic cigarette" includes, but is not limited to,
5
any electronic nicotine delivery system, electronic cigar,
6
electronic cigarillo, electronic pipe, electronic hookah, vape
7
pen, or similar product or device, and any components or parts
8
that can be used to build the product or device. "Electronic
9
cigarette" does not include: cigarettes as defined in Section
10
1 of the Cigarette Tax Act; tobacco product, related tobacco
11
product, and alternative nicotine product as defined in this
12
Section; any product approved by the United States Food and
13
Drug Administration for sale as a tobacco cessation product,
14
as a tobacco dependence product, or for other medical
15
purposes, and is being marketed and sold solely for that
16
approved purpose; any asthma inhaler prescribed by a physician
17
for that condition and is being marketed and sold solely for
18
that approved purpose; or any therapeutic product approved for
19
use under the Compassionate Use of Medical Cannabis Program
20
Act.
21

"Flavored alternative nicotine product" means any
22
alternative nicotine product that contains a natural or
23
artificial constituent or additive that imparts a
24
characterizing flavor.
25

"Flavored related tobacco product" means any related
26
tobacco product that contains a natural or artificial

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LRB104 20194 RLC 33645 b
1
constituent or additive that imparts a characterizing flavor.
2

"Flavored solution or substance intended for use with
3
electronic cigarettes" means any solution or substance
4
intended for use with electronic cigarettes that contains a
5
natural or artificial constituent or additive that imparts a
6
characterizing flavor.
7

"Flavored tobacco product" means any tobacco product that
8
contains a natural or artificial constituent or additive that
9
imparts a characterizing flavor.
10

"Labeling" means written, printed, pictorial, or graphic
11
matter upon any tobacco product, related tobacco product,
12
alternative nicotine product, or solution or substance
13
intended for use with electronic cigarettes or any of its
14
packaging.
15

"Packaging" means a pack, box, carton, or container of any
16
kind or, if no other container, any wrapping, including
17
cellophane, in which a tobacco product, related tobacco
18
product, alternative nicotine product, or solution or
19
substance intended for use with electronic cigarettes is sold
20
or offered for sale to a consumer.
21

"Related tobacco product" means any product intended for
22
or traditionally used with tobacco, including, but not limited
23
to, papers, wraps, tubes, or filters. A product of a type that
24
has in the past been used in conjunction with tobacco or
25
nicotine use will be deemed a "related tobacco product"
26
regardless of any labeling or descriptive language on such

SB3148
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LRB104 20194 RLC 33645 b
1
product stating that the product is not intended for use with
2
tobacco or for nontobacco use only or other similar language.
3

"Retail location" means: (1) a building from which tobacco
4
products, related tobacco products, alternative nicotine
5
products, or solutions or substances intended for use with
6
electronic cigarettes are sold at retail; or (2) a vending
7
machine.
8

"Retailer" means a person who engages in this State in the
9
sale of tobacco products, related tobacco products,
10
alternative nicotine products, or solutions or substances
11
intended for use with electronic cigarettes directly to the
12
public from a retail location, including a person who operates
13
vending machines from which tobacco products, related tobacco
14
products, alternative nicotine products, or solutions or
15
substances intended for use with electronic cigarettes are
16
sold in this State. "Retailer" includes a "retailer" as
17
defined in Section 1 of the Cigarette Tax Act and Section 10-5
18
of the Tobacco Products Tax Act of 1995.
19

"Secondary distributor" has the meanings provided in
20
Section 1 of the Cigarette Tax Act and in Section 1 of the
21
Cigarette Use Tax Act.
22

"Tobacco product" means any product containing or made
23
from tobacco that is intended for human consumption, whether
24
smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
25
sniffed, or ingested by any other means, including, but not
26
limited to, cigarettes, cigars, little cigars, chewing

SB3148
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LRB104 20194 RLC 33645 b
1
tobacco, pipe tobacco, snuff, snus, and any other smokeless
2
tobacco product that contains tobacco that is finely cut,
3
ground, powdered, or leaf and intended to be placed in the oral
4
cavity. "Tobacco product" includes any component, part, or
5
accessory of a tobacco product, whether or not sold
6
separately. "Tobacco product" does not include: an electronic
7
cigarette and alternative nicotine product as defined in this
8
Section; or any product that has been approved by the United
9
States Food and Drug Administration for sale as a tobacco
10
cessation product, as a tobacco dependence product, or for
11
other medical purposes, and is being marketed and sold solely
12
for that approved purpose.

13

Section 10.
Prohibition.
14

(a) A distributor, secondary distributor, retailer, or any
15
of the retailer's agents or employees may not sell, offer for
16
sale, or possess with the intent to sell or offer for sale, a
17
flavored tobacco product, flavored related tobacco product,
18
flavored alternative nicotine product, or flavored solution or
19
substance intended for use with electronic cigarettes.
20

(b) A distributor may temporarily possess or store in this
21
State flavored tobacco products, related tobacco products,
22
flavored alternative nicotine products, or flavored solutions
23
or substances intended for use with electronic cigarettes,
24
acquired by the distributor outside this State that, after
25
being brought into this State and possessed or stored here

SB3148
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LRB104 20194 RLC 33645 b
1
temporarily, are shipped by the distributor outside this
2
State.
3

(c) There is a rebuttable presumption that a tobacco
4
product, related tobacco product, alternative nicotine
5
product, or solution or substance intended for use with
6
electronic cigarettes is a flavored tobacco product, flavored
7
related tobacco product, flavored alternative nicotine
8
product, or flavored solution or substance intended for use
9
with electronic cigarettes if the tobacco product, related
10
tobacco product, alternative nicotine product, or solution or
11
substance intended for use with electronic cigarettes has or
12
produces a characterizing flavor or, if a manufacturer or any
13
of a manufacturer's agents or employees, in the course of
14
their agency or employment, has made a statement or claim
15
directed to consumers or to the public that the tobacco
16
product, alternative nicotine product, or solution or
17
substance intended for use with electronic cigarettes has or
18
produces a characterizing flavor, including, but not limited
19
to, text, color, or images on the product's labeling or
20
packaging that are used to explicitly or implicitly
21
communicate or suggest that the tobacco product, related
22
tobacco product, alternative nicotine product, or solution or
23
substance intended for use with electronic cigarettes has a
24
characterizing flavor. A product with labeling or packaging
25
that suggests the presence of a characterizing flavor or uses
26
a concept flavor is presumed to be a flavored tobacco product,

SB3148
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LRB104 20194 RLC 33645 b
1
flavored related tobacco product, flavored alternative
2
nicotine product, or flavored solution or substance intended
3
for use with electronic cigarettes.

4

Section 15.
Administrative rules; enforcement.
The
5
Department shall enforce this Act and may adopt rules or
6
guidelines for the implementation and enforcement of this Act.

7

Section 20.
Violations.
Upon a decision by the Department,
8
after notice and hearing, that a distributor, secondary
9
distributor, or retailer or the agent or employee of a
10
distributor, secondary distributor, or retailer has engaged in
11
any conduct that violates this Act, the Department of Revenue
12
may suspend that distributor's license under Section 6 of the
13
Cigarette Tax Act, Section 6 of the Cigarette Use Tax Act, and
14
Section 10-25 of the Tobacco Products Tax Act of 1995; that
15
secondary distributor's license under Section 6 of the
16
Cigarette Tax Act and Section 6 of the Cigarette Use Tax Act;
17
or that retailer's license under Section 6 of the Cigarette
18
Tax Act and Section 10-25 of the Tobacco Products Tax Act of
19
1995. Any suspension shall be preceded by a notice from the
20
Department of Revenue of the initial determination of
21
violation made by the Department. A license shall be suspended
22
3 days for a first violation, 7 days for a second violation,
23
and 30 days for a third and each subsequent violation.

SB3148
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LRB104 20194 RLC 33645 b
1

Section 25.
No conflict with federal or State law.
Nothing
2
in this Act shall be interpreted or applied to create any
3
requirement, power, or duty that is preempted by federal or
4
State law.

5

Section 30.
Severability.
The provisions of this Act are
6
severable under Section 1.31 of the Statute on Statutes.

7

Section 80.
The Cigarette Tax Act is amended by changing
8
Section 6 as follows:

9

(35 ILCS 130/6)

(from Ch. 120, par. 453.6)
10

Sec. 6.
Revocation, cancellation, or suspension of
11
license.
The Department may, after notice and hearing as
12
provided for by this Act, revoke, cancel or suspend the
13
license of any distributor, secondary distributor, or retailer
14
for the violation of any provision of this Act, or for
15
noncompliance with any provision herein contained, or for any
16
noncompliance with any lawful rule or regulation promulgated
17
by the Department under Section 8 of this Act, or because the
18
licensee is determined to be ineligible for a distributor's
19
license for any one or more of the reasons provided for in
20
Section 4 of this Act, or because the licensee is determined to
21
be ineligible for a secondary distributor's license for any
22
one or more of the reasons provided for in Section 4c of this
23
Act, or because the licensee is determined to be ineligible

SB3148
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LRB104 20194 RLC 33645 b
1
for a retailer's license for any one or more of the reasons
2
provided for in Section 4g of this Act. However, no such
3
license shall be revoked, cancelled or suspended, except after
4
a hearing by the Department with notice to the distributor,
5
secondary distributor, or retailer, as aforesaid, and
6
affording such distributor, secondary distributor, or retailer
7
a reasonable opportunity to appear and defend, and any
8
distributor, secondary distributor, or retailer aggrieved by
9
any decision of the Department with respect thereto may have
10
the determination of the Department judicially reviewed, as
11
herein provided.
12

The Department may revoke, cancel, or suspend the license
13
of any distributor for a violation of the Tobacco Products
14
Manufacturers' Escrow Enforcement Act of 2003 as provided in
15
Section 30 of that Act. The Department may revoke, cancel, or
16
suspend the license of any secondary distributor for a
17
violation of subsection (e) of Section 15 of the Tobacco
18
Products Manufacturers' Escrow Enforcement Act of 2003.
19

The Department may suspend the license of any distributor
20
or retailer for a violation of the Flavored Tobacco Ban Act as
21
provided in Section 20 of that Act.

22

If the retailer has a training program that facilitates
23
compliance with minimum-age tobacco laws, the Department shall
24
suspend for 3 days the license of that retailer for a fourth or
25
subsequent violation of the Prevention of Tobacco Use by
26
Persons under 21 Years of Age and Sale and Distribution of

SB3148
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LRB104 20194 RLC 33645 b
1
Tobacco Products Act, as provided in subsection (a) of Section
2
2 of that Act. For the purposes of this Section, any violation
3
of subsection (a) of Section 2 of the Prevention of Tobacco Use
4
by Persons under 21 Years of Age and Sale and Distribution of
5
Tobacco Products Act occurring at the retailer's licensed
6
location during a 24-month period shall be counted as a
7
violation against the retailer.
8

If the retailer does not have a training program that
9
facilitates compliance with minimum-age tobacco laws, the
10
Department shall suspend for 3 days the license of that
11
retailer for a second violation of the Prevention of Tobacco
12
Use by Persons under 21 Years of Age and Sale and Distribution
13
of Tobacco Products Act, as provided in subsection (a-5) of
14
Section 2 of that Act.
15

If the retailer does not have a training program that
16
facilitates compliance with minimum-age tobacco laws, the
17
Department shall suspend for 7 days the license of that
18
retailer for a third violation of the Prevention of Tobacco
19
Use by Persons under 21 Years of Age and Sale and Distribution
20
of Tobacco Products Act, as provided in subsection (a-5) of
21
Section 2 of that Act.
22

If the retailer does not have a training program that
23
facilitates compliance with minimum-age tobacco laws, the
24
Department shall suspend for 30 days the license of a retailer
25
for a fourth or subsequent violation of the Prevention of
26
Tobacco Use by Persons under 21 Years of Age and Sale and

SB3148
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LRB104 20194 RLC 33645 b
1
Distribution of Tobacco Products Act, as provided in
2
subsection (a-5) of Section 2 of that Act.
3

A training program that facilitates compliance with
4
minimum-age tobacco laws must include at least the following
5
elements: (i) it must explain that only individuals displaying
6
valid identification demonstrating that they are 21 years of
7
age or older shall be eligible to purchase cigarettes or
8
tobacco products and (ii) it must explain where a clerk can
9
check identification for a date of birth. The training may be
10
conducted electronically. Each retailer that has a training
11
program shall require each employee who completes the training
12
program to sign a form attesting that the employee has
13
received and completed tobacco training. The form shall be
14
kept in the employee's file and may be used to provide proof of
15
training.
16

Any distributor, secondary distributor, or retailer
17
aggrieved by any decision of the Department under this Section
18
may, within 20 days after notice of the decision, protest and
19
request a hearing. Upon receiving a request for a hearing, the
20
Department shall give notice in writing to the distributor,
21
secondary distributor, or retailer requesting the hearing that
22
contains a statement of the charges preferred against the
23
distributor, secondary distributor, or retailer and that
24
states the time and place fixed for the hearing. The
25
Department shall hold the hearing in conformity with the
26
provisions of this Act and then issue its final administrative

SB3148
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LRB104 20194 RLC 33645 b
1
decision in the matter to the distributor, secondary
2
distributor, or retailer. In the absence of a protest and
3
request for a hearing within 20 days, the Department's
4
decision shall become final without any further determination
5
being made or notice given.
6

No license so revoked, as aforesaid, shall be reissued to
7
any such distributor, secondary distributor, or retailer
8
within a period of 6 months after the date of the final
9
determination of such revocation. No such license shall be
10
reissued at all so long as the person who would receive the
11
license is ineligible to receive a distributor's license under
12
this Act for any one or more of the reasons provided for in
13
Section 4 of this Act, is ineligible to receive a secondary
14
distributor's license under this Act for any one or more of the
15
reasons provided for in Section 4c of this Act, or is
16
determined to be ineligible for a retailer's license under the
17
Act for any one or more of the reasons provided for in Section
18
4g of this Act.
19

The Department
,
upon complaint filed in the circuit court
,

20
may by injunction restrain any person who fails, or refuses,
21
to comply with any of the provisions of this Act from acting as
22
a distributor, secondary distributor, or retailer of
23
cigarettes in this State.
24
(Source: P.A. 104-6, eff. 6-16-25.)

25

Section 85.
The Cigarette Use Tax Act is amended by

SB3148
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LRB104 20194 RLC 33645 b
1
changing Section 6 as follows:

2

(35 ILCS 135/6)

(from Ch. 120, par. 453.36)
3

Sec. 6.
Revocation, cancellation, or suspension of
4
license.
The Department may, after notice and hearing as
5
provided for by this Act, revoke, cancel or suspend the
6
license of any distributor or secondary distributor for the
7
violation of any provision of this Act, or for non-compliance
8
with any provision herein contained, or for any non-compliance
9
with any lawful rule or regulation promulgated by the
10
Department under Section 21 of this Act, or because the
11
licensee is determined to be ineligible for a distributor's
12
license for any one or more of the reasons provided for in
13
Section 4 of this Act, or because the licensee is determined to
14
be ineligible for a secondary distributor's license for any
15
one or more of the reasons provided for in Section 4b or
16
Section 7a of this Act. However, no such license shall be
17
revoked, canceled or suspended, except after a hearing by the
18
Department with notice to the distributor or secondary
19
distributor, as aforesaid, and affording such distributor or
20
secondary distributor a reasonable opportunity to appear and
21
defend, and any distributor or secondary distributor aggrieved
22
by any decision of the Department with respect thereto may
23
have the determination of the Department judicially reviewed,
24
as herein provided.
25

The Department may revoke, cancel, or suspend the license

SB3148
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LRB104 20194 RLC 33645 b
1
of any distributor for a violation of the Tobacco Products
2
Manufacturers' Escrow Enforcement Act of 2003 as provided in
3
Section 30 of that Act. The Department may revoke, cancel, or
4
suspend the license of any secondary distributor for a
5
violation of subsection (e) of Section 15 of the Tobacco
6
Products Manufacturers' Escrow Enforcement Act of 2003.
7

The Department may suspend the license of any distributor
8
for a violation of the Flavored Tobacco Ban Act as provided in
9
Section 20 of that Act.

10

Any distributor or secondary distributor aggrieved by any
11
decision of the Department under this Section may, within 20
12
days after notice of the decision, protest and request a
13
hearing. Upon receiving a request for a hearing, the
14
Department shall give notice in writing to the distributor or
15
secondary distributor requesting the hearing that contains a
16
statement of the charges preferred against the distributor or
17
secondary distributor and that states the time and place fixed
18
for the hearing. The Department shall hold the hearing in
19
conformity with the provisions of this Act and then issue its
20
final administrative decision in the matter to the distributor
21
or secondary distributor. In the absence of a protest and
22
request for a hearing within 20 days, the Department's
23
decision shall become final without any further determination
24
being made or notice given.
25

No license so revoked, shall be reissued to any such
26
distributor or secondary distributor within a period of 6

SB3148
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LRB104 20194 RLC 33645 b
1
months after the date of the final determination of such
2
revocation. No such license shall be reissued at all so long as
3
the person who would receive the license is ineligible to
4
receive a distributor's license under this Act for any one or
5
more of the reasons provided for in Section 4 of this Act or is
6
ineligible to receive a secondary distributor's license under
7
this Act for any one or more of the reasons provided for in
8
Section 4b and Section 7a of this Act.
9

The Department upon complaint filed in the circuit court
10
may by injunction restrain any person who fails, or refuses,
11
to comply with this Act from acting as a distributor or
12
secondary distributor of cigarettes in this State.
13
(Source: P.A. 104-6, eff. 6-16-25.)

14

Section 90.
The Tobacco Products Tax Act of 1995 is
15
amended by changing Section 10-25 as follows:

16

(35 ILCS 143/10-25)
17

Sec. 10-25.
License actions.
18

(a) The Department may, after notice and a hearing,
19
revoke, cancel, or suspend the license of any distributor or
20
retailer who violates any of the provisions of this Act, fails
21
to keep books and records as required under this Act, fails to
22
make books and records available for inspection upon demand by
23
a duly authorized employee of the Department, or violates a
24
rule or regulation of the Department for the administration

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and enforcement of this Act. The notice shall specify the
2
alleged violation or violations upon which the revocation,
3
cancellation, or suspension proceeding is based.
4

(b) The Department may revoke, cancel, or suspend the
5
license of any distributor for a violation of the Tobacco
6
Products Manufacturers' Escrow Enforcement Act of 2003 as
7
provided in Section 30 of that Act.
8

(b-5) The Department may suspend the license of any
9
distributor or retailer for a violation of the Flavored
10
Tobacco Ban Act as provided in Section 20 of that Act.
11

(c) If the retailer has a training program that
12
facilitates compliance with minimum-age tobacco laws, the
13
Department shall suspend for 3 days the license of that
14
retailer for a fourth or subsequent violation of the
15
Prevention of Tobacco Use by Persons under 21 Years of Age and
16
Sale and Distribution of Tobacco Products Act, as provided in
17
subsection (a) of Section 2 of that Act. For the purposes of
18
this Section, any violation of subsection (a) of Section 2 of
19
the Prevention of Tobacco Use by Persons under 21 Years of Age
20
and Sale and Distribution of Tobacco Products Act occurring at
21
the retailer's licensed location, during a 24-month period,
22
shall be counted as a violation against the retailer.
23

If the retailer does not have a training program that
24
facilitates compliance with minimum-age tobacco laws, the
25
Department shall suspend for 3 days the license of that
26
retailer for a second violation of the Prevention of Tobacco

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Use by Persons under 21 Years of Age and Sale and Distribution
2
of Tobacco Products Act, as provided in subsection (a-5) of
3
Section 2 of that Act.
4

If the retailer does not have a training program that
5
facilitates compliance with minimum-age tobacco laws, the
6
Department shall suspend for 7 days the license of that
7
retailer for a third violation of the Prevention of Tobacco
8
Use by Persons under 21 Years of Age and Sale and Distribution
9
of Tobacco Products Act, as provided in subsection (a-5) of
10
Section 2 of that Act.
11

If the retailer does not have a training program that
12
facilitates compliance with minimum-age tobacco laws, the
13
Department shall suspend for 30 days the license of a retailer
14
for a fourth or subsequent violation of the Prevention of
15
Tobacco Use by Persons under 21 Years of Age and Sale and
16
Distribution of Tobacco Products Act, as provided in
17
subsection (a-5) of Section 2 of that Act.
18

A training program that facilitates compliance with
19
minimum-age tobacco laws must include at least the following
20
elements: (i) it must explain that only individuals displaying
21
valid identification demonstrating that they are 21 years of
22
age or older shall be eligible to purchase cigarettes or
23
tobacco products and (ii) it must explain where a clerk can
24
check identification for a date of birth. The training may be
25
conducted electronically. Each retailer that has a training
26
program shall require each employee who completes the training

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program to sign a form attesting that the employee has
2
received and completed tobacco training. The form shall be
3
kept in the employee's file and may be used to provide proof of
4
training.
5

(d) The Department may, by application to any circuit
6
court, obtain an injunction restraining any person who engages
7
in business as a distributor of tobacco products without a
8
license (either because his or her license has been revoked,
9
canceled, or suspended or because of a failure to obtain a
10
license in the first instance) from engaging in that business
11
until that person, as if that person were a new applicant for a
12
license, complies with all of the conditions, restrictions,
13
and requirements of Section 10-20 of this Act and qualifies
14
for and obtains a license. Refusal or neglect to obey the order
15
of the court may result in punishment for contempt.
16
(Source: P.A. 104-6, eff. 6-16-25.)

17

Section 99.
Effective date.
This Act takes effect June 1,
18
2026.

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INDEX

2

Statutes amended in order of appearance

3

New Act
4

35 ILCS 130/6
from Ch. 120, par. 453.6
5

35 ILCS 135/6
from Ch. 120, par. 453.36
6

35 ILCS 143/10-25

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