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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4978
Introduced 02/05/04, by Linda Chapa LaVia SYNOPSIS AS INTRODUCED:
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410 ILCS 620/3.23 new |
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410 ILCS 620/5 |
from Ch. 56 1/2, par. 505 |
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Amends the Illinois Food, Drug and Cosmetic Act. Provides that if the packaging for a food containing gluten does not provide a label warning of the presence of gluten in the food, the retailer of the food must place a warning sign regarding the presence of gluten on the shelf or in close proximity to the food product. Provides for civil penalties for violations.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4978 |
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LRB093 20835 RXD 46760 b |
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Food, Drug and Cosmetic Act is |
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| amended by adding Section 3.23 and changing Section 5 as |
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| follows:
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| (410 ILCS 620/3.23 new) |
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| Sec. 3.23. Gluten warning. If the packaging for a food |
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| containing gluten does not provide a label warning of the |
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| presence of gluten in the food, a person who sells that food at |
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| retail must place a warning sign regarding the presence of |
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| gluten on the shelf or in close proximity to the food. The |
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| warning sign shall be in the following form: "This food product |
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| may contain gluten, whether naturally occurring or added, to |
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| which some people may be allergic.". The Department of Public |
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| Health shall enforce this Section. The Department shall issue a |
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| warning to any person who violates this Section for the first |
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| time at a retail establishment. For any subsequent violation at |
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| the same retail establishment, the Department may impose a |
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| civil penalty against the person violating this Section in an |
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| amount not to exceed $500 for each day in which a violation |
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| occurs. The civil penalty imposed under this Section may not |
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| exceed $500 per day with respect to a single retail |
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| establishment, regardless of the number of violations found at |
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| the retail establishment.
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| (410 ILCS 620/5) (from Ch. 56 1/2, par. 505)
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| Sec. 5. (a) A person who violates any of the provisions of |
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| this Act,
other than Sections 3.22, 3.23, and 6, is guilty of a |
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| Class C misdemeanor; but if
the violation is committed after a |
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| conviction of such person under this
Section has become final, |
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| the person shall be guilty of a Class A
misdemeanor. A person |
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HB4978 |
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LRB093 20835 RXD 46760 b |
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| who violates the provisions of Section 6 of this Act
is guilty |
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| of a Class A misdemeanor; but if the violation is committed |
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| after
a conviction of such person under this Section has become |
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| final, the person
shall be guilty of a Class 4 felony.
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| (b) No person is subject to the penalties of subsection (a) |
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| of this
Section for (1) violating Section 3.1 or 3.3 if he |
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| establishes a guaranty or
undertaking signed by and containing |
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| the name and address of the person
residing in the State of |
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| Illinois from whom he received the article in good
faith, to |
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| the effect that the article is not adulterated or misbranded
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| within the meaning of this Act, designating this Act; or (2) |
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| for having
violated clause (2) of Section 3.16 if such person |
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| acted in good faith and
had no reason to believe that the use |
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| of the punch, die, plate, stone or
other thing involved would |
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| result in a drug being a counterfeit drug, or
for having |
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| violated clause (3) of Section 3.16 if the person doing the act
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| or causing it to be done acted in good faith and had no reason |
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| to believe
that the drug was a counterfeit drug.
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| (c) No publisher, radio-broadcast licensee, agency or |
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| medium for the
dissemination of an advertisement, except the |
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| manufacturer, packer,
distributor or seller of the article to |
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| which a false advertisement relates
is liable under this |
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| Section for the dissemination of such false
advertisement |
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| unless he has refused on the request of the Director to
furnish |
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| the Director the name and post office address of the |
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| manufacturer,
packer, distributor, seller or advertising |
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| agency residing in the State of
Illinois who causes him to |
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| disseminate such advertisement.
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| (d) No person shall be subject to the penalties of |
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| subsection (a) of
this Section for a violation of Section 3 |
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| involving misbranded food if the
violation exists solely |
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| because the food is misbranded under subsection
(c) of Section |
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| 11 because of its advertising, and no person shall be
subject |
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| to the penalties of subsection (a) of this Section for such a
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| violation unless the violation is committed with the intent to |
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| defraud
or mislead.
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