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To learn more about Hennessy & Roach services,
reach us at:
Chicago: 312-346-5310
Fax: 312-346-5330
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Fax: 314-231-0990
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______________________
140 S Dearborn
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Chicago, IL 60603
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CHAPTER 815
BUSINESS TRANSACTIONS
Used Lubricant Act.
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(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.)
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(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.)
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(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 States 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.A.
94-163 the provisions of this Section shall no longer be
in effect.
(Source: P.A. 83-346.)
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(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.)
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To learn more about Hennessy & Roach services, please call 312.346.5310,
or send an e-mail to
hennroach@hennessyroach.com to
arrange a consultation.
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