Full Text of SB1666 98th General Assembly
SB1666sam001 98TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/21/2014
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| 1 | | AMENDMENT TO SENATE BILL 1666
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1666 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Genetically Engineered Food Labeling Act. | 6 | | Section 15. In this Act, terms have the meanings given to | 7 | | them in the Illinois Food, Drug and Cosmetic Act, except as | 8 | | provided in this Section. | 9 | | "Agriculture" means the science, art, or practice of | 10 | | cultivating soil, producing crops, and raising
livestock or | 11 | | fish and, in varying degrees, the preparation and marketing of | 12 | | the resulting
products. | 13 | | "Cultivated commercially" means agricultural commodities | 14 | | grown or raised in the course of
business or trade and sold | 15 | | within the United States. | 16 | | "Department" means the Department of Public Health. |
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| 1 | | "Enzyme" means a protein that catalyzes chemical reactions | 2 | | of other substances without itself being
destroyed or altered | 3 | | upon completion of the reactions. | 4 | | "Food" means any articles used to feed or nourish man, | 5 | | chewing gum, and articles
used for components, including food | 6 | | additives, of any such article. | 7 | | "Genetically engineered" means a process that results in a | 8 | | substance that is produced from an organism or organisms in | 9 | | which the genetic
material has been changed through the | 10 | | application of the following: | 11 | | (1) in vitro nucleic acid techniques, which include, | 12 | | but are not limited to, recombinant deoxyribonucleic acid | 13 | | (DNA), direct injection of nucleic acid into
cells or | 14 | | organelles, encapsulation, gene deletion, and doubling | 15 | | (for the purposes of this definition, "in vitro nucleic | 16 | | acid techniques" include, but are not limited to, | 17 | | recombinant DNA or RNA techniques that use vector systems | 18 | | and techniques involving the direct introduction into the | 19 | | organisms of hereditary materials prepared outside the | 20 | | organisms, such as biolistics, microinjection, | 21 | | macro-injection, chemoporation, electroporation, | 22 | | microencapsulation, and liposome fusion); or
| 23 | | (2) methods of fusing cells beyond the taxonomic family | 24 | | that overcome natural
physiological reproductive or | 25 | | recombinant barriers, and that are not techniques
used in | 26 | | traditional breeding and selection, such as conjugation, |
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| 1 | | transduction,
and hybridization. | 2 | | "Label" means a display of written, printed, or graphic | 3 | | matter upon or connected to the immediate
container or surface | 4 | | of any article. In order to meet the definition of "label", any | 5 | | word, statement, or other information appearing on the label | 6 | | shall appear on the outside container or wrapper, if any, of | 7 | | the bulk, wholesale, or retail
package of the article or be | 8 | | easily legible through the outside container or wrapper. | 9 | | "Labeling" means any written, printed, or graphic matter | 10 | | that is present on the label, accompanies
the food, or is | 11 | | displayed near the food, including that for the purpose of | 12 | | promoting its sale
or disposal. | 13 | | "Manufacturer" means the person or business that makes, | 14 | | processes, combines, or packages food
ingredients into a | 15 | | finished food product. | 16 | | "Medical food" means a food that is formulated to be | 17 | | consumed or administered enterally
under the supervision of a | 18 | | physician and which is intended for the specific dietary
| 19 | | management of a disease or condition for which distinctive | 20 | | nutritional requirements, based
on recognized scientific | 21 | | principles, are established by medical evaluation. | 22 | | "Organism" means any biological entity capable of | 23 | | replication, reproduction, or transferring genetic
material. | 24 | | "Packaged food" means any food offered for retail sale in | 25 | | this State, other than raw food and food served, sold, or | 26 | | provided ready to eat in any bake sale, restaurant, or |
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| 1 | | cafeteria, and that is otherwise subject to the provisions of | 2 | | the Illinois Food, Drug and Cosmetic Act prohibiting | 3 | | misbranding. | 4 | | "Processed food" means any food other than a raw | 5 | | agricultural commodity, including any food
produced from a raw | 6 | | agricultural commodity that has been subject to processing such | 7 | | as
canning, smoking, pressing, cooking, freezing, dehydration, | 8 | | fermentation, or milling. | 9 | | "Processing aid" means the following: | 10 | | (a) a substance that is added to a food during the | 11 | | processing of the food but is
removed in some manner from | 12 | | the food before it is packaged in its final
form;
| 13 | | (b) a substance that is added to a food during | 14 | | processing, is converted into
constituents normally | 15 | | present in the food, and does not significantly
increase | 16 | | the amount of the constituents found in the food; or | 17 | | (c) a substance that is added to a food for its | 18 | | technical or functional effects in
the processing but is | 19 | | present in the finished food at insignificant levels and
| 20 | | does not have any technical or functional effect in that | 21 | | finished food.
| 22 | | "Raw agricultural commodity" means any plant, animal, or | 23 | | fungi grown or produced for human food purposes, including all | 24 | | fruits that are washed, colored, or otherwise treated in their | 25 | | unpeeled natural form before marketing. |
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| 1 | | Section 20. Labeling of genetically engineered foods. | 2 | | (a) Beginning on the effective date of this Act, any food | 3 | | offered for retail sale in this State is
misbranded if it is | 4 | | entirely or partially produced with genetic engineering and | 5 | | that fact is not
disclosed as follows: | 6 | | (1) In the case of a raw agricultural commodity, on the | 7 | | package offered for
retail sale, with the words | 8 | | "Genetically Engineered" appearing clearly and
| 9 | | conspicuously on the label on the front of the package of | 10 | | the commodity
or, in the case of any such commodity that is | 11 | | not separately packaged or
labeled, on a clear and | 12 | | conspicuous label appearing on the retail store shelf
or | 13 | | bin in which the commodity is displayed for sale. | 14 | | (2) In the case of processed food containing some | 15 | | products of genetic
engineering, the manufacturer must | 16 | | label the product, in clear and
conspicuous language on the | 17 | | front or back of the package of such food, with
the words | 18 | | "Produced with Genetic Engineering" or "Partially Produced | 19 | | with
Genetic Engineering".
| 20 | | (b) This Act shall not be construed to require either the | 21 | | listing or identification of any
ingredient or ingredients that | 22 | | were genetically engineered, nor that the term "genetically
| 23 | | engineered" be placed immediately preceding any common name or | 24 | | primary product
descriptor of a food. | 25 | | (c) Until the effective date of this Act, any processed | 26 | | food that would be subject to this Section solely
because it |
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| 1 | | includes one or more materials produced by genetic engineering | 2 | | is not
misbranded provided that the engineered materials in the | 3 | | aggregate do not account for
more than nine-tenths of one | 4 | | percent of the total weight of the processed food.
| 5 | | (d) Subsection (a) of this Section does not apply to any of | 6 | | the following: | 7 | | (1) food consisting entirely of, or derived entirely | 8 | | from, an animal that has not
itself been genetically | 9 | | engineered, regardless of whether the animal has been
fed | 10 | | or injected with any food produced with genetic engineering | 11 | | or any drug
or vaccine that has been produced through means | 12 | | of genetic engineering; | 13 | | (2) a raw agricultural commodity or food that has been | 14 | | grown, raised,
produced, or derived without the knowing and | 15 | | intentional use of genetically
engineered seed or food; to | 16 | | be included within the exclusion under this
subsection (d), | 17 | | the person responsible for complying with this Section with | 18 | | respect to a raw agricultural commodity or food
must | 19 | | obtain, from whoever sold the raw agricultural commodity or | 20 | | food to
that person, a sworn statement that the raw | 21 | | agricultural commodity or food
(A) has not been knowingly | 22 | | or intentionally genetically engineered and (B)
has been | 23 | | segregated from, and has not been knowingly or | 24 | | intentionally
commingled with, foods that may have been | 25 | | genetically engineered at any
time; in providing the sworn | 26 | | statement, a person may rely on a sworn
statement from his |
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| 1 | | or her own supplier that contains such an affirmation; | 2 | | (3) any processed food that would be subject to this | 3 | | Section solely because one
or more processing aids or | 4 | | enzymes were produced or derived with genetic
engineering;
| 5 | | (4) any alcoholic beverage that is subject to | 6 | | regulation under the Liquor Control Act of 1934; | 7 | | (5) food that has been lawfully certified to be | 8 | | labeled, marketed, and offered
for sale as organic pursuant | 9 | | to the federal Organic Foods Production Act
of 1990, 7 | 10 | | U.S.C. 6501, et seq., and the National Organic Program
| 11 | | regulations promulgated pursuant thereto by the United | 12 | | States Department of Agriculture;
| 13 | | (6) food that is not packaged for retail sale and that | 14 | | either (A) is a processed
food prepared and intended for | 15 | | immediate human consumption or (B) is
served, sold, or | 16 | | otherwise provided in any restaurant or other food service
| 17 | | establishment that is primarily engaged in the sale of food | 18 | | prepared and
intended for immediate human consumption; or | 19 | | (7) medical food. | 20 | | (e) With regard to the requirements of this Act concerning | 21 | | raw food, the retailer is responsible only for point of | 22 | | purchase shelf labeling. The supplier must label each container | 23 | | used for packaging, holding, or transporting, or any | 24 | | combination thereof, any raw food produced with genetic | 25 | | engineering that is delivered directly to Illinois retailers. |
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| 1 | | Section 25. Right of action for violations, damages, and | 2 | | attorneys' fees. | 3 | | (a) The Department, acting through the Attorney General, | 4 | | may bring an action in
a court of competent jurisdiction to | 5 | | enjoin any person violating this Act. | 6 | | (b) The Department may assess a civil penalty against any | 7 | | person violating this Act. | 8 | | (c) Any injured citizen of this State may, after giving | 9 | | notice of the alleged violation to the Attorney General and the | 10 | | alleged violator and waiting 60 days, bring an action to enjoin | 11 | | a violation of this Act by a manufacturer or retailer in any | 12 | | court of competent jurisdiction. The court may award to a | 13 | | citizen who is a prevailing plaintiff reasonable attorneys' | 14 | | fees and costs incurred in investigating and prosecuting the | 15 | | action, but the court may not award any monetary damages. | 16 | | (d) For the purposes of this Act, food shall be considered | 17 | | not to have been produced with the knowing or intentional use | 18 | | of genetic engineering if: | 19 | | (1) the food is lawfully certified to be labeled, | 20 | | marketed, and offered for sale as organic pursuant to the | 21 | | federal Organic Foods Production Act of 1990, 7 U.S.C. 6501 | 22 | | et seq., which prohibits genetic engineering; or | 23 | | (2) in the case of a manufacturer or retailer obligated | 24 | | to label any food under this Act, if such entity has | 25 | | obtained from whomever sold the food to them a sworn | 26 | | statement that the food has not been knowingly or |
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| 1 | | intentionally genetically engineered and has been | 2 | | segregated from, and not knowingly or intentionally | 3 | | commingled with, foods that may have been genetically | 4 | | engineered at any time. | 5 | | (e) With regard to the sworn statement described in item | 6 | | (2) of subsection (d) of this Section, a manufacturer or | 7 | | retailer may rely on a sworn statement from a supplier that | 8 | | contains the affirmation. Alternatively, a manufacturer or | 9 | | retailer may rely on an independent organization if it | 10 | | determines that the food has not been knowingly or | 11 | | intentionally genetically engineered and has been segregated | 12 | | from, and not knowingly or intentionally commingled with, foods | 13 | | that may have been genetically engineered at any time, if such | 14 | | a determination has been made pursuant to a sampling and | 15 | | testing procedure: | 16 | | (1) consistent with sampling and testing principles | 17 | | recommended by internationally recognized standards | 18 | | organizations; and | 19 | | (2) that does not rely on testing processed foods in | 20 | | which no DNA is detectable. | 21 | | (f) Unless the retailer is also the producer or the | 22 | | manufacturer of the food and sells the food under a brand it | 23 | | owns, no act or omission of any retailer shall be deemed a | 24 | | violation of this Act, except for knowingly and willfully | 25 | | failing to provide point of purchase labeling for unpackaged | 26 | | raw agricultural commodities. In any action in which it is |
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| 1 | | alleged that a retailer has violated the provisions of this | 2 | | Section, it shall be a defense that such retailer reasonably | 3 | | relied on any disclosure as to whether a food was produced | 4 | | through genetic engineering contained in the bill of sale or | 5 | | invoice provided by the wholesaler or distributor, or a lack of | 6 | | such disclosure. | 7 | | (g) No action may be brought against any farmer for any | 8 | | violation of any provision of this Act unless the farmer is | 9 | | also a retailer or manufacturer, but any farmer submitting a | 10 | | false sworn statement under item (2) of subsection (d) of this | 11 | | Section shall be subject to the laws of this State pertaining | 12 | | to perjury. | 13 | | (h) The Department of Public Health shall adopt and enforce | 14 | | rules necessary to implement this Act. The Department of Public | 15 | | Health is not authorized to exempt from the requirements of | 16 | | this Section any food product that is made subject to those | 17 | | requirements by the provisions of this Act. The Department of | 18 | | Public Health may by rule provide that a person may be subject | 19 | | to an injunction and responsible for the payment of the | 20 | | prevailing party's attorneys' fees under this Act for failure | 21 | | to label packaged food in accordance with this Act at such time | 22 | | as the Department of Public Health determines the commercial | 23 | | availability of relevant materials not produced with genetic | 24 | | engineering. | 25 | | Section 97. Severability. The provisions of this Act are |
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| 1 | | severable under Section 1.31 of the Statute on Statutes.
| 2 | | Section 999. Effective date. This Act takes effect January | 3 | | 1, 2016.".
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