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Dec. 6 US: State of Illinois Changes to the Possession and sale of caustic and noxious substances

Posted Date: 
Tuesday, December 6, 2011

Two Illinois laws go into effect on January 1, 2012: State of Illinois Criminal Offense  (720 ILCS 5/12?37)
Sec. 12?37. Possession and sale of caustic and noxious substances
& (720 ILCS 5/12?38)
Sec. 12?38. Restrictions on purchase or acquisition of corrosive or caustic acid.

From the Illinois Retail Merchants Association:

H.B. 2193 (Sen. Bill Haine, D- Alton/Rep. Susana Mendoza, D- Chicago) was passed to the Governor yesterday by the Assembly. H.B. 2193 seeks to regulate caustic and corrosive acids. The legislation was initiated after two attacks last year on Chicago women who were left badly scarred after having acid poured on them.

The proposed law will do two things. First, it places limits on who can possess products that contain a federally delineated amount of caustic or corrosive acids and it creates a registry at the retail level for purchasers of these products.  The law states that no person can possess a product that is regulated by Title 16 CFR Section 1500.129 of the Federal Caustic Poison Act unless they fall into a number of exemptions listed in the Bill.  Persons engaged in the sale, possession, transportation, or use of such products for their intended commercial purpose, are exempt from the restriction on possession of the product. Second, retailers who sell such products will be required to register customers prior to their sale.  Customers must provide government-issued identification with their picture, as well as fill out a form listing the date and time of the transaction, brand and product names and net weight of the items.  Batteries are exempt from the registry requirements.

The new also law states that 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.

Full text of the (720 ILCS 5/12?37)  Sec. 12?37. Possession and sale of caustic and noxious substances can be found here, and full text of (720 ILCS 5/12?38) Sec. 12?38. Restrictions on purchase or acquisition of corrosive or caustic acid can be found here.

Click the links above for more information, we will keep you informed of any future changes.

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