235 ILCS 5/6-35.1

Current through Public Act 103-1052
Section 235 ILCS 5/6-35.1 - [Effective 1/1/2025] Alcohol-infused products
(a) In this Section, "immediately adjacent" means directly touching or immediately bordering one another from above, below, or the side. "Immediately adjacent" does not include a separate aisle.
(b) Except for persons issued a license under this Act, no person shall manufacture, distribute, or sell alcohol-infused products.
(c) No retail establishment with a retail sales floor area that exceeds 2,500 square feet shall display alcohol-infused products immediately adjacent to similar products that are not alcohol-infused products, such as non-alcoholic ice creams, whipped creams, frozen ice pops, gelatins, and other similar products, or immediately adjacent to soft drinks, fruit juices, bottled waters, candies, or snack foods portraying cartoons or youth-oriented images.
(d) Any retail establishment with a retail sales floor that is equal to or less than 2,500 square feet shall either:
(1) not display alcohol-infused products immediately adjacent to similar products that are not alcohol-infused products, such as non-alcoholic ice creams, whipped creams, frozen ice pops, gelatins, and other similar products, or immediately adjacent to soft drinks, fruit juices, bottled waters, candies, or snack foods portraying cartoons or youth-oriented images; or
(2) equip any such display that contains alcohol-infused products and is immediately adjacent to similar products that are not alcohol-infused products, such as non-alcoholic ice creams, whipped creams, frozen ice pops, gelatins, and other similar products, or immediately adjacent to soft drinks, fruit juices, bottled waters, candies, or snack foods portraying cartoons or youth-oriented images, with signage that is clearly visible to consumers, is not less than 8.5 x 11 inches, and states the following: "THIS PRODUCT IS AN ALCOHOLIC BEVERAGE AVAILABLE ONLY TO PERSONS WHO ARE 21 YEARS OF AGE OR OLDER." This sign shall be provided by the State Commission.
(e) Subsections (c) and (d) do not apply to an aisle or display area in which the primary items for sale are alcoholic liquors or in an area in which persons under the age of 21 are prohibited from entering without a parent or legal guardian.
(f) Retail licensees under this Act shall not keep, expose for sale, or display alcohol-infused products immediately adjacent to products marketed toward children.

235 ILCS 5/6-35.1

Added by P.A. 103-0904,§ 5, eff. 1/1/2025.