2010 Illinois Code
CHAPTER 720 CRIMINAL OFFENSES
720 ILCS 602/ Ephedra Prohibition Act.

    (720 ILCS 602/1)
    Sec. 1. Short title. This Act may be cited as the Ephedra Prohibition Act.
(Source: P.A. 93‑8, eff. 5‑28‑03.)

    (720 ILCS 602/5)
    Sec. 5. Findings. The General Assembly finds the following:
        (1) Over 3 billion servings of ephedra are consumed
     by Americans each year.
        (2) Ephedra, or ma huang, has been associated with a
     wide range of severe adverse events, including death.
        (3) The U.S. Food and Drug Administration has
     received over 18,000 reports of adverse reactions by ephedra users, including strokes, seizures, heart attacks, and deaths.
        (4) The Inspector General of the U.S. Department of
     Health and Human Services noted in a report on ephedra adverse events that 60% of those adverse events were experienced by people under the age of 40.
        (5) A study reported in the Annals of Internal
     Medicine concluded that, compared with other herbs, ephedra is associated with a greatly increased risk for adverse reactions and that the use of ephedra should be restricted.
        (6) The American Medical Association and the
     consumer group, Public Citizen, have called for a nationwide ban on ephedra.
        (7) The National Collegiate Athletics Association,
     the National Football League, and the International Olympic Committee have all banned ephedra use by their athletes because of concerns about the safety of this dietary supplement.
        (8) The U.S. Army has banned the sale of ephedra
     products in army commissaries worldwide after 33 army personnel died from consuming ephedra products.
        (9) Canada, Britain, Germany, and Australia have all
     taken steps to restrict the sale of ephedra products.
(Source: P.A. 93‑8, eff. 5‑28‑03.)

    (720 ILCS 602/10)
    Sec. 10. Purpose. The purpose of this Act is to ban the sale of all dietary supplements containing ephedrine alkaloids in the State of Illinois regardless of the age of the purchaser in order to protect the health and public safety of Illinois residents.
(Source: P.A. 93‑8, eff. 5‑28‑03.)

    (720 ILCS 602/15)
    Sec. 15. Definitions:
    "Ephedra" means herbs and herbal products that contain ephedrine alkaloids, including ma huang, Chinese ephedra, ephedra sinica, ephedra herb powder, epitonin, or any extract of those substances, but does not include any drug that contains ephedrine and is lawfully sold, transferred, or furnished over the counter with or without a prescription pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 and following) or regulations adopted under that Act.
    "Person" means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or any other business organization or entity.
(Source: P.A. 93‑8, eff. 5‑28‑03.)

    (720 ILCS 602/20)
    Sec. 20. Prohibition.
    (a) No person may sell or offer for sale any dietary supplement containing any quantity of ephedra or ephedrine alkaloids to any person located within the State or to any person making the purchase from within the State.
    (b) The prohibition in subsection (a) of this Section does not apply to the sale of any product that receives explicit approval as safe and effective for its intended use under the federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or is lawfully marketed under an over‑the‑counter monograph issued by the U.S. Food and Drug Administration.
(Source: P.A. 93‑8, eff. 5‑28‑03.)

    (720 ILCS 602/25)
    Sec. 25. Penalties.
    (a) Any person who violates this Act is guilty of a Class A misdemeanor. The penalty is imprisonment for less than one year or a fine of not more than $5,000 or both for a first offense.
    (b) For a subsequent violation of this Act, a person is guilty of a Class 3 felony, and the penalty is imprisonment for less than 5 years or a fine of not more than $20,000 or both.
(Source: P.A. 93‑8, eff. 5‑28‑03.)

    (720 ILCS 602/99)
    Sec. 99. Effective date. This Act shall take effect upon becoming law.
(Source: P.A. 93‑8, eff. 5‑28‑03.)

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