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Illinois Tobacco Legislation

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Smoke Free Illinois top
Check out the Smoke Free Illinois Act for more information

Governor Rod R. Blagojevich signed the Smoke Free Illinois Act on July 23, 2007. Effective January 1, 2008, this Act prohibits smoking in public places throughout the state. For more information about this Act, check out the Frequently Asked Questions about the Smoke Free Illinois Act.

Clean Indoor Air top
Check out the Illinois Clean Indoor Air Act for more information. Please note, the Illinois Clean Indoor Air Act will be repealed on January 1, 2008.

Public Places
Smoking is restricted to designated areas in any enclosed indoor area used by the public or serving as a place of work including, but not limited to, retail stores, offices, commercial establishments, indoor theaters, libraries, art museums, concert halls, public conveyances, auditoriums, arenas, and meeting rooms. Excluded from this Act are bowling establishments, places whose primary business is the sale of alcoholic beverages for consumption on the premises, hotel rooms, private enclosed offices occupied exclusively by smokers, and rooms or halls used for private social functions. Appropriate signs must be posted. Violators are guilty of a petty offense.
410 ILCS § 80/1 et seq.

Government Buildings
Elected and appointed officials of the state and any unit of local government having control over a public place may establish an area on the premises as a smoking area using existing physical barriers and ventilation to minimize the intrusion of smoke into non-smoking areas. Violation results in a charge of petty offense.
410 ILCS § 80/1 et seq.

Private Workplaces
Smoking is restricted to designated areas in enclosed indoor areas serving as the place of work. Private enclosed offices occupied exclusively by smokers and factories, warehouses and similar places of work not usually frequented by the general public are excluded from this law. Appropriate signs must be posted. Violators are guilty of a petty offense.
410 ILCS § 80/1 et seq.

Schools
Each school board shall prohibit the use of tobacco on school property by any school personnel, student or other person when such property is being used for any school purposes. The school board may not authorize or permit any exception to the prohibition at any place or at any time, including, without limitation, outside of school buildings or before or after the regular school day. "School purposes" include, but are not limited to, all events, activities or other use of school property that are authorized by school officials including all interscholastic or extracurricular athletic, academic or other sponsored events in which pupils participate.
105 ILCS 5/10-20.5b and 105 ILCS § 5/34-18.11.

Child Care Centers
Smoking tobacco products is forbidden in any area of an operating child care center, day care home, or group day care home where children are allowed, regardless of whether children are present.
225 ILCS § 10/5.5

Health Facilities
Smoking is restricted to designated areas in hospitals and nursing homes. Appropriate signs must be posted. Violators are guilty of a petty offense.
410 ILCS § 80/1 et seq.

Restaurants
For more information, check out the smoke-free restaurants Web site.

Smoking is restricted to designated areas in restaurants. Violators are guilty of a petty offense.
410 ILCS § 80/1 et seq.

Tobacco Excise Taxtop

Year first enacted: 1941
Current tax rate per 20 cigarettes: 98 cents
Dates last changed: July, 2002 – 58 cents to 98 cents

Other Tobacco Products
All other tobacco products, including cigars: 18% of wholesale purchase price. All the revenue from the excise tax on tobacco products other than cigarettes goes to the state treasury.
35 ILCS § 143/10-10 et seq.

Youth Accesstop

Age Restrictions on Sales of Tobacco Products
Minimum age for sales of cigarettes and smokeless tobacco: 18

Penalty
No person shall sell, buy for or furnish tobacco in any form to a minor. Violators are guilty of a petty offense and shall be fined $200 for the first offense, $400 for the second offense in a 12-month period and $600 for subsequent offenses within a 12-month period.
720 ILCS § 675/1 et seq.

Persons who knowingly sell, deliver or give away cigarette papers or other tobacco accessories to minors shall be guilty of a Class C misdemeanor.
720 ILCS § 685/1 et seq.

Sign Posting
No person may sell or offer to sell cigarettes at retail unless a sign with the message "SURGEON GENERAL’S WARNING: SMOKING BY PREGNANT WOMEN MAY RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT," printed on white cards in red letters at least one-half inch in height, is posted in a conspicuous place upon the premises. Failure to post such a warning sign is a business offense for which a fine of up to $1,000 each day may be imposed.
410 ILCS § 85/1 et seq.

Any place of business where tobacco accessories are sold shall post conspicuously a sign warning that the sale of tobacco accessories to minors or minors misrepresenting their age to procure such a sale is prohibited by law. Violation is a Class C misdemeanor.
720 ILCS § 685/1 et seq.

Bidis
No person shall knowingly sell, barter, exchange, deliver, or give away a bidi cigarette to another person, nor shall a person cause or permit or procure a bidi cigarette to be sold, bartered, exchanged, delivered, or given away to another person.
720 ILCS § 685/4 et seq.

Any person who knowingly violates or knowingly causes the violation of this section is guilty of a petty offense for which the offender may be fined for a first offense up to $500, for a second offense within a two-year period not less than $250 and not more than $500 and for a third or subsequent offense within a two-year period not less than $500 and not more than $1000.
720 ILCS § 685/5 et seq.

Penalties to Minors
No minor under 18 years of age shall buy tobacco in any form. Any person who violates this Act is guilty of a petty offense and shall be fined $200 for the first offense, $400 for the second offense within a 12-month period and $600 for subsequent offenses within a 12-month period.
720 ILCS § 675/1 et seq.

Any minor who uses false or forged identification to obtain cigarette papers or other tobacco accessories shall be guilty of a Class C misdemeanor.
720 ILCS § 685/1 et seq.

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes.top

Samples
No person shall distribute samples of tobacco products without charge or at nominal cost to anyone under 18 years of age. Any person who violates this Act is guilty of a petty offense and shall be fined $200 for the first offense, $400 for the second offense within a 12-month period and $600 for subsequent offenses within a 12-month period.
720 ILCS § 675/1 et seq.

Any persons who distributes a sample of smokeless tobacco to a minor shall be guilty of a business offense and subject to the same fines listed in this section.
720 ILCS § 680/4 et seq.

Restrictions on the Sale of Tobacco Products In Vending Machinestop

Placement
Tobacco product vending machines are restricted to factories, offices, private clubs, and other places not open to the general public; places to which minors under 18 years of age are not permitted access; places where alcoholic beverages are sold and consumed on the premises; places where the vending machine is in the unimpeded line of sight of the owner or an employee of the establishment; or, places where the vending machine can only be operated by the owner or an employee either directly or through a remote control device if the device is inaccessible to all customers.
720 ILCS § 675/1 et seq.

Sign Posting
No person may sell cigarettes at retail using a cigarette vending machine unless a sign with the message "SURGEON GENERAL’S WARNING: SMOKING BY PREGNANT WOMEN MAY RESULT IN FETAL INJURY, PREMATURE BIRTH, AND LOW BIRTH WEIGHT," printed on white cards in red letters at least one-half inch in height, is posted in a conspicuous place upon the premises. Failure to post such a warning sign is a business offense for which a fine of up to $1,000 each day may be imposed.
410 ILCS § 85/1 et seq.

Licensing Requirementstop

Requirements
Distributors must obtain a license from the Department of Revenue to sell cigarettes and other tobacco products. Retailers are not required to obtain a license to sell tobacco products.
35 ILCS § 130/4 and 143/10 et seq.

Fee
$250 annually for cigarettes

Smoker Protection Lawstop

No individual may be discriminated against in any manner because of the exercise of any rights afforded by the Clean Indoor Air Act of 1990. This act allows smoking in places of work in designated areas.
410 ILCS § 80/9 et seq.

Advertising and Promotiontop

All outdoor billboard advertisements for smokeless tobacco shall bear one of the following statements in capital letters: "WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER. WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS. WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO CIGARETTES." The manufacturer, packager or importer of the product shall rotate the warning every four months. Any outdoor billboard advertisement that does not conform to these provisions shall be deemed a nuisance affecting the public health. No other warning, format or type style in any outdoor billboard advertisement shall be required by any State or local statutes or regulation.
410 ILCS § 75/2 et seq.

Master Settlement Agreementtop
For more information on the Master Settlement Agreement, click here.

Creates the Tobacco Settlement Recovery Fund in the state treasury, into which shall be deposited all monies paid to the state pursuant to the Master Settlement Agreement and any settlement with or judgement against any tobacco product manufacturer other than one participating in the Master Settlement Agreement, as well as any other monies provided by law.

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