Public Act 101-0129
 
HB2123 EnrolledLRB101 06874 CPF 51906 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Food, Drug and Cosmetic Act is 
amended  by changing Section 11 as follows:
 



    (410 ILCS 620/11)  (from Ch. 56 1/2, par. 511)



    Sec. 11. 
A food is misbranded: -
    (a) If its labeling is false or misleading
in any 
particular.

    (b) If it is offered for sale under the name of another 
food.

    (c) If it is an imitation of another food other than honey, 
unless its label bears, in
type of uniform size and prominence, 
the word "imitation" and, immediately
thereafter, the name of 
the food imitated.

    (d) If its container is so made, formed or filled as to be 
misleading.

    (e) If in package form, unless it bears a label containing 
(1) the name
and place of business of the manufacturer, packer 
or distributor; and (2) an
accurate statement of the quantity 
of the contents in terms of weight,
measure or numerical count.  
However, under paragraph (2) of
this subsection
reasonable 
variations shall be permitted and exemptions as to small

packages which shall be established by regulations prescribed 
by the
Director.

    (f) If any word, statement or other information required by 
or under
authority of this Act to appear on the label or 
labeling is not prominently
placed thereon with such 
conspicuousness (as compared with other words,
statements, 
designs or devices, in the labeling) and in such terms as to

render it likely to be read and understood by the ordinary 
individual under
customary conditions of purchase and use.

    (g) If it purports to be or is represented as a food for 
which a
definition and standard of identity has been prescribed 
by regulations as
provided by Section 9, unless (1) it conforms 
to such definition and
standard, and (2) its label bears the 
name of the food specified in the
definition and standard and, 
in so far as may be required by such
regulations, the common 
names of optional ingredients (other than spices,
flavoring and 
coloring) present in such food.

    (h) If it purports to be or is represented as:

    (1) a food for which a standard of quantity has been 
prescribed by
regulations as provided by Section 9 and its 
quantity falls below such
standard unless its label bears, in 
such manner and form  as such
regulations specify, a statement 
that it falls below such standard; or

    (2) a food for which a standard or standards of fill of 
container have
been prescribed by regulation as provided by 
Section 9 and it falls below
the standard of fill of container 
applicable thereto, unless its label
bears, in such manner and 
form as such regulations specify, a statement
that it falls 
below such standard.

    (i) If it is not subject to subsection (g) of this Section, 
unless it
bears labeling clearly giving (1) the common or usual 
name of the food, if
any there be, and (2) in case it is 
fabricated from 2 or more ingredients,
the common or usual name 
of each such ingredient; except that spices,
flavorings and 
colorings, other than those sold as such, may be designated
as 
spices, flavorings and colorings, without naming each.  
However, to the
extent that compliance with the requirements of 
paragraph (2) of this
subsection is impractical or results in 
deception or unfair competition,
exemptions shall be 
established by regulations promulgated by the Director.

    (j) If it purports to be or is represented for special 
dietary uses,
unless its label bears such information 
concerning its vitamin, mineral and
other dietary properties as 
the Director determines to be, and by
regulations prescribes as 
necessary in order to fully inform purchasers as
to its value 
for such uses.

    (k) If it bears or contains any artificial flavoring, 
artificial
coloring or chemical preservative, unless it bears 
labeling stating that
fact.  However, to the extent that 
compliance with the requirements of this
paragraph is 
impracticable, exemptions shall be established by regulations

promulgated by the Director.  This subsection and
subsections 
(g) and (i) with
respect to artificial coloring do not apply to 
butter, cheese or ice cream.
This subsection with respect to 
chemical preservatives
does not apply to a
pesticide chemical 
when used in or on a raw agricultural commodity which is
the 
produce of the soil.

    (l) If it is a raw agricultural commodity for direct human 
consumption
which is the produce of the
soil, bearing or 
containing a pesticide chemical applied after harvest,
unless 
the shipping container of such commodity bears labeling which

declares the presence of such chemical in or on such commodity 
and the
common usual name and the function of such chemical; 
provided, however,
that no such declaration shall be required 
while such commodity, having
been removed from the shipping 
container, is being held or displayed for
sale at retail out of 
such container in accordance with the custom of the trade.

    (m) If it is a product intended as an ingredient of another 
food and
when used according to the directions of the purveyor 
will result in the
final food product being adulterated or 
misbranded.

    (n) If it is a color additive unless its packaging and 
labeling are in
conformity with such packaging and labeling 
requirements applicable to such
color additive prescribed 
under Section 706 of the Federal Act.

    (o) If a meat or meat food product or poultry or poultry 
food product
has been frozen prior to sale unless when offered 
for sale, the package,
container or wrapping bears, in type of 
uniform size and prominence, the
words "previously frozen" so 
as to be readable and understood by the
general public except 
that this subsection does not apply to products
mentioned 
herein which are precooked and packaged in hermetically sealed

containers.

    (p) If its labeling includes the word "honey" or the term

"imitation honey" and the product is not pure honey 
manufactured by honeybees.

    (q) If it contains saccharin, unless its label and labeling 
and retail
display comply with the requirements of Sections 
403(o) and 403(p) of the Federal Act.

    (r) If it contains saccharin and is offered for sale, but 
not for immediate
consumption, at a retail establishment, 
unless such retail establishment
displays prominently, where 
such food is held for sale, notice (provided
by the 
manufacturer of such food pursuant to the Federal Act) for 
consumers
respecting the information required by subsection 
(q) to be on food labels
and labeling.

    (s) If it contains sesame, is offered for sale in package 
form but not for immediate consumption, and the label does not 
include sesame. 
(Source: P.A. 84-891.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.