2023 Illinois Compiled Statutes › Chapter 815 - BUSINESS TRANSACTIONS › 815 ILCS 435/ - Used Lubricant Act.

(815 ILCS 435/0.01) (from Ch. 96 1/2, par. 5800)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Used Lubricant Act.
(Source: P.A. 86-1324.)
(815 ILCS 435/1) (from Ch. 96 1/2, par. 5801)
Sec. 1. 
		
		Every person dealing in previously used or previously used and
reclaimed, re-refined, recleaned or reconditioned lubricating oils, lubricants
or mixtures of lubricants shall at all times have each and every container
or item of equipment in or through which any of such products are sold,
kept for sale, displayed or dispensed plainly labeled in lettering as large
as any other lettering thereon and in any event in letters of not less than
one-half inch in height showing that the contents thereof is a previously
used product; provided that, upon the promulgation of labeling standards
applicable to recycled oil by the Federal Trade Commission as prescribed
pursuant to Title V, Section 383 of the federal "Energy Policy and Conservation
Act" (P.L. 94-163), the labeling requirements provided in this Section shall
no longer be in effect and the State labeling standards shall be those promulgated
by the Federal Trade Commission.  Every person who causes to be published,
displayed or circulated any advertising matter offering for sale any previously
used or previously used and reclaimed, re-refined, recleaned or reconditioned
lubricating oils, lubricants or mixtures of lubricants, not shown to be
substantially equivalent to new oil intended for an identical end use under
test procedures promulgated by the Federal Trade Commission as prescribed
under Title V, Section 383 of the federal "Energy Policy and Conservation
Act" (P.L. 94-163), shall state in such advertising in letters at least
as large as any other lettering therein the fact that such products have
been previously used.  Any person violating any provision of this act shall
be guilty of a Class B misdemeanor.
(Source: P.A. 81-379.)
(815 ILCS 435/2) (from Ch. 96 1/2, par. 5802)
Sec. 2. 
Any person dealing in previously used or previously used and
reclaimed, re-refined, recleaned, or reconditioned lubricating oils,
lubricants or mixtures of lubricants without having each and every
container or item of equipment in or through which any of such products
are sold, kept for sale, displayed or dispensed plainly labeled as
required in this Act, or advertising any of such products for sale
without inserting in such advertising a statement as required in this
Act may upon proper hearing be enjoined from selling any of such
products or offering, displaying or advertising any of the same for
sale.  Action for such injunction may be brought in the circuit court in
the county in which the defendant resides, and may be brought either by
the Attorney General of this State or by the State's Attorney in and for
such county.  The authority granted by this Section shall be in addition
to and not in lieu of authority to prosecute criminally any person for a
violation of this Act.  The granting or enforcing of any injunction
under this Act is a  preventive measure for the protection of the people
of this State, not a punitive measure, and the fact that a person has
been charged or convicted of a violation of this Act shall not prevent
the ordering of an injunction to prevent further
unlawful dealing
in previously used or previously used and reclaimed, re-refined,
recleaned or reconditioned lubricating oils, lubricants or mixtures of
lubricants, nor shall the fact that an injunction has been
granted under this Act preclude the institution of criminal prosecution
or punishment.  Upon promulgation of labeling standards applicable to recycled
oil by the Federal Trade Commission as prescribed pursuant to Title V, Section
383 of the federal Energy Policy and Conservation Act (P.L. 
94-163) the provisions of this Section shall no longer be in effect.
(Source: P.A. 99-642, eff. 7-28-16.)
(815 ILCS 435/3) (from Ch. 96 1/2, par. 5803)
Sec. 3. 
		
		For the purposes of this act the term "person" shall mean any
individual, partnership, firm, corporation or organization.
(Source: Laws 1945, p. 682.)