SB0312sam001 100TH GENERAL ASSEMBLY

Sen. Emil Jones, III

Filed: 3/16/2017

10000SB0312sam001 LRB100 05097 MJP 23016 a

AMENDMENT TO SENATE BILL 312

AMENDMENT NO. ______. Amend Senate Bill 312 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Food, Drug and Cosmetic Act is amended by adding Section 21.4 as follows:

(410 ILCS 620/21.4 new)

Sec. 21.4. Catfish labeling.

(a) As used in this Section:

"Catfish" means any species within the family Ictaluridae.

"Similar fish" means species of fish similar to catfish, but within the families of Siluridae, Clariidae, and Pangasiidae.

"Menu" means any form from which a customer is offered food and beverage, including, but not limited to, traditional printed listings, white boards, chalkboards, and buffet labels.

(b) All persons who sell catfish or similar fish products in all forms, including individual product, packaged product, and bulk product, must label the catfish or similar fish in English with the catfish's or similar fish's country of origin. Additional labels in other languages are permissible as long as the requirements of this Section are met. Symbols or flags, with the exception of the United States flag, are not acceptable in lieu of country of origin labeling.

(c) The information required by subsection (b) must be provided to customers on the menu of a food service establishment. The information shall be adjacent to the item on the menu and printed in the same font style and size as the item. If a food service establishment sells only catfish or similar fish that are of United States origin, then the food service establishment may generally disclose the country of origin of the product if the disclosure is in a prominent location. Examples of a prominent location include, but are not limited to, table tents or signs around the entry of the restaurant. If requested, the Department of Public Health shall review a menu for compliance prior to the product being offered by a food service establishment.

(d) Any person engaged in the business of supplying catfish or similar fish products to a food service establishment, whether directly or indirectly, must make available information to the buyer about the country of origin and method of production. This information may be provided either on the master shipping container or in a document that accompanies the product through retail sale provided that the document identifies the product and the product's country of origin. In addition, the supplier of catfish or similar fish that is responsible for initiating a country of origin claim must possess records that are necessary to substantiate that claim for a period of one year after the date of the transaction. Producer affidavits shall also be considered acceptable records that suppliers may utilize to initiate origin claims, provided that the affidavit is made by someone with first-hand knowledge of the origin of the catfish or similar fish and identifies the catfish or similar fish unique to the transaction.

Any person engaged in the business of supplying catfish or similar fish to a food service establishment, whether directly or indirectly, including, but not limited to, harvesters, producers, distributors, handlers, and processors, must maintain records to establish and identify the immediate previous source, if applicable, and immediate subsequent recipient of catfish or similar fish for a period of one year after the date of the transaction.

(e) In providing the country of origin notification for catfish or similar fish, in general, food service establishments shall convey the origin information provided to the food service establishment by the food service establishment's supplier. If the food service establishment physically commingles catfish or similar fish, in preparation for service to the customer, then the establishment must provide the country or countries of origin for each fish product. For example, the commingling of United States farm-raised catfish or fish belonging to the families of Ictaluridae, Siluridae, Clariidae, and Pangasiidae, whether in the same container or separately on a buffet line, requires the food service establishment to indicate all countries contained therein and methods of production.

(f) Records that identify the catfish or similar fish, the food service establishment's supplier, and the catfish or similar fish's country of origin must be maintained for a period of one year from the date the declaration is made.

All records must be legible and may be maintained in either electronic or hard copy formats. Due to the variation in inventory and accounting documentary systems, various forms of documentation and records shall be acceptable. Upon request by the Department of Public Health, suppliers and food service establishments subject to this Section shall make available to the Department of Public Health records maintained in the normal course of business that verify an origin claim. The records shall be provided within 5 days of the request and may be maintained in any location.

Records and other documentary evidence relied upon at the point of sale to establish a catfish's or similar fish's country of origin must either be maintained at the retail facility or at another location for as long as the products are on hand and provided to Department of Public Health, if requested, under this subsection.

(g) Any food service establishment handling catfish or similar fish that is found to be designated incorrectly as to the country of origin shall not be held liable for a violation of the law by reason of the conduct of another if the food service establishment relied on the designation provided by the food service establishment's supplier, unless the food service establishment willfully disregarded information establishing that the country of origin declaration was false.".