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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Food, Drug and Cosmetic Act is | |||||||||||||||||||||||||
5 | amended by changing Section 2.18 and by adding Section 27 as | |||||||||||||||||||||||||
6 | follows:
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7 | (410 ILCS 620/2.18) (from Ch. 56 1/2, par. 502.18)
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8 | Sec. 2.18.
"Raw agricultural commodity" means any food in | |||||||||||||||||||||||||
9 | its raw or
natural state, including all fruits that are washed, | |||||||||||||||||||||||||
10 | colored or otherwise
treated in their unpeeled natural form | |||||||||||||||||||||||||
11 | before marketing and honey that is in the comb or that is | |||||||||||||||||||||||||
12 | removed from the comb and in an unadulterated condition .
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13 | (Source: Laws 1967, p. 959.)
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14 | (410 ILCS 620/27 new) | |||||||||||||||||||||||||
15 | Sec. 27. Honey. Notwithstanding any other provision of this | |||||||||||||||||||||||||
16 | Act, the Department may not regulate honey that is in the comb | |||||||||||||||||||||||||
17 | or that is removed from the comb and in an unadulterated | |||||||||||||||||||||||||
18 | condition; both forms of honey are exempt from the provisions | |||||||||||||||||||||||||
19 | of this Act. | |||||||||||||||||||||||||
20 | Section 10. The Sanitary Food Preparation Act is amended by | |||||||||||||||||||||||||
21 | adding Section 7 as follows: |
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1 | (410 ILCS 650/7 new) | ||||||
2 | Sec. 7. Honey. | ||||||
3 | (a) For the purpose of this Section, "honey house" means | ||||||
4 | any stationary or portable building or any room or place within | ||||||
5 | a building that is used for the purpose of extracting, | ||||||
6 | processing, or other handling of honey. | ||||||
7 | (b) Notwithstanding any other provision of this Act, the | ||||||
8 | Department may not regulate honey that is in the comb or that | ||||||
9 | is removed from the comb and in an unadulterated condition; | ||||||
10 | both forms of honey are exempt from the provisions of this Act. | ||||||
11 | (c) If a producer is engaged in the sale of honey that is | ||||||
12 | left in the comb or removed from the comb in an unadulterated | ||||||
13 | condition at a local market and packs or sells less than 500 | ||||||
14 | gallons of honey produced in this State per year, then the | ||||||
15 | Department may not regulate or inspect the producer's honey | ||||||
16 | house. | ||||||
17 | Section 15. The Criminal Code of 1961 is amended by | ||||||
18 | changing Section 29D-10 as follows:
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19 | (720 ILCS 5/29D-10)
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20 | Sec. 29D-10. Definitions. As used in this Article, where | ||||||
21 | not
otherwise distinctly expressed or manifestly incompatible | ||||||
22 | with the intent of
this Article:
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23 | (a) "Computer network" means a set of related, remotely |
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1 | connected
devices
and
any communications facilities including | ||||||
2 | more than one computer with the
capability to transmit data | ||||||
3 | among them through communication facilities.
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4 | (b) "Computer" means a device that accepts, processes, | ||||||
5 | stores,
retrieves,
or
outputs data, and includes, but is not | ||||||
6 | limited to, auxiliary storage and
telecommunications devices.
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7 | (c) "Computer program" means a series of coded instruction | ||||||
8 | or statements
in a
form acceptable to a computer which causes | ||||||
9 | the computer to process data and
supply the results of data | ||||||
10 | processing.
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11 | (d) "Data" means representations of information, | ||||||
12 | knowledge, facts,
concepts or
instructions, including program | ||||||
13 | documentation, that are prepared in a
formalized manner and are | ||||||
14 | stored or processed in or transmitted by a computer.
Data may | ||||||
15 | be in any form, including but not limited to magnetic or | ||||||
16 | optical
storage
media, punch cards, or data stored internally | ||||||
17 | in the memory of a computer.
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18 | (e) "Biological products used in or in connection with | ||||||
19 | agricultural
production" includes, but is not
limited
to,
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20 | seeds, plants, and DNA of plants or animals altered for use in | ||||||
21 | crop or
livestock breeding or production or which are sold, | ||||||
22 | intended, designed, or
produced for use
in crop production or | ||||||
23 | livestock breeding or production.
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24 | (f) "Agricultural products" means crops and livestock.
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25 | (g) "Agricultural production" means the breeding and | ||||||
26 | growing of
livestock
and
crops. |
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1 | (g-5) "Animal feed" means an article
that is intended for | ||||||
2 | use for food for animals other than humans
and that is intended | ||||||
3 | for use as a substantial source of nutrients
in the diet of the | ||||||
4 | animal, and is not limited to a mixture intended to
be the sole | ||||||
5 | ration of the animal. | ||||||
6 | (g-10) "Contagious or infectious disease" means a specific | ||||||
7 | disease designated by the Illinois Department of Agriculture as | ||||||
8 | contagious or infectious under rules pertaining to the Illinois | ||||||
9 | Diseased Animals Act. | ||||||
10 | (g-15) "Processed food" means any food other than a raw | ||||||
11 | agricultural
commodity and includes any raw agricultural | ||||||
12 | commodity that
has been subject to processing, such as canning, | ||||||
13 | cooking, freezing,
dehydration, or milling. | ||||||
14 | (g-20) "Raw agricultural commodity" means any food in its | ||||||
15 | raw or
natural state, including all fruits that are washed, | ||||||
16 | colored, or otherwise
treated in their unpeeled natural form | ||||||
17 | prior to marketing and honey that is in the comb or that is | ||||||
18 | removed from the comb and in an unadulterated condition .
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19 | (g-25) "Endangering the food supply" means to knowingly: | ||||||
20 | (1) bring into this State any domestic animal that is | ||||||
21 | affected with any contagious or infectious disease or any | ||||||
22 | animal that has been exposed to any
contagious or | ||||||
23 | infectious disease; | ||||||
24 | (2) expose any animal in this State to any contagious | ||||||
25 | or infectious disease; | ||||||
26 | (3) deliver any poultry that is infected with any |
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1 | contagious
or infectious disease to any poultry producer | ||||||
2 | pursuant to a
production contract; | ||||||
3 | (4) except as permitted under the Insect Pest and Plant | ||||||
4 | Disease Act,
bring or release into this State any insect | ||||||
5 | pest
or expose
any plant to an insect pest; or | ||||||
6 | (5) expose any raw agricultural commodity, animal | ||||||
7 | feed, or processed food to any contaminant or contagious or | ||||||
8 | infectious disease. | ||||||
9 | "Endangering the food supply" does not include bona fide | ||||||
10 | experiments and actions related to those experiments carried on | ||||||
11 | by commonly recognized research facilities or actions by | ||||||
12 | agricultural producers and animal health professionals who may | ||||||
13 | inadvertently contribute to the spread of detrimental | ||||||
14 | biological agents while employing generally acceptable | ||||||
15 | management practices.
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16 | (g-30) "Endangering the water supply" means to knowingly | ||||||
17 | contaminate a public or private water well or water reservoir | ||||||
18 | or any water supply of a public utility or tamper with the | ||||||
19 | production of bottled or packaged water or tamper with bottled | ||||||
20 | or packaged water at a retail or wholesale mercantile | ||||||
21 | establishment. "Endangering the water supply" does not include | ||||||
22 | contamination of a public or private well or water reservoir
or | ||||||
23 | any water supply of a public utility that may occur | ||||||
24 | inadvertently
as part of the operation of a public utility or | ||||||
25 | electrical generating station.
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26 | (h) "Livestock" means animals bred or raised for human |
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1 | consumption.
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2 | (i) "Crops" means plants raised for: (1) human consumption, | ||||||
3 | (2) fruits
that
are intended for human consumption, (3) | ||||||
4 | consumption by livestock, and (4)
fruits that are intended for | ||||||
5 | consumption by livestock.
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6 | (j) "Communications systems" means any works, property, or | ||||||
7 | material of
any radio, telegraph, telephone, microwave, or | ||||||
8 | cable line, station, or system.
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9 | (k) "Substantial damage" means monetary damage greater | ||||||
10 | than $100,000.
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11 | (l) "Terrorist act" or "act of terrorism" means: (1) any | ||||||
12 | act that
is intended to cause or create a risk and does cause | ||||||
13 | or create a risk of death
or great bodily harm to one or more | ||||||
14 | persons;
(2) any act that disables or destroys the
usefulness | ||||||
15 | or operation of any communications system; (3) any act or any | ||||||
16 | series
of 2 or more acts committed in furtherance of a single | ||||||
17 | intention, scheme, or
design that disables or destroys the | ||||||
18 | usefulness or operation of
a computer network, computers, | ||||||
19 | computer programs, or data used by any
industry, by any class | ||||||
20 | of business, or by 5 or more businesses or by the
federal | ||||||
21 | government, State government, any unit of local government, a | ||||||
22 | public
utility, a manufacturer of pharmaceuticals, a national | ||||||
23 | defense contractor, or
a manufacturer of chemical or biological | ||||||
24 | products used in or in connection
with agricultural production; | ||||||
25 | (4) any act that disables or causes substantial
damage to or
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26 | destruction of any structure or facility used in or used in |
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1 | connection with
ground, air, or water transportation; the | ||||||
2 | production or distribution of
electricity, gas, oil, or other | ||||||
3 | fuel (except for acts that occur inadvertently and as the | ||||||
4 | result of
operation of the facility that produces or | ||||||
5 | distributes electricity,
gas, oil, or other fuel); the | ||||||
6 | treatment of sewage or the treatment
or distribution of water; | ||||||
7 | or controlling the flow of any body of water; (5) any
act that | ||||||
8 | causes substantial damage to or destruction of livestock or to | ||||||
9 | crops
or a series of 2 or more acts committed in furtherance of | ||||||
10 | a single intention,
scheme, or design which, in the aggregate, | ||||||
11 | causes substantial damage to or
destruction of livestock or | ||||||
12 | crops; (6) any act that causes substantial
damage to or | ||||||
13 | destruction of any hospital or any building or facility used by
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14 | the federal government, State government, any unit of local | ||||||
15 | government or
by a national defense contractor or by a public | ||||||
16 | utility, a manufacturer of
pharmaceuticals, a manufacturer of | ||||||
17 | chemical or biological products used in or
in connection with | ||||||
18 | agricultural production or the storage or processing of
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19 | agricultural products or the preparation of agricultural | ||||||
20 | products for food or
food products intended for resale or for | ||||||
21 | feed for livestock; (7) any act
that causes substantial damage | ||||||
22 | to any building containing 5 or more
businesses of any type or | ||||||
23 | to any building in which 10 or more people reside; (8) | ||||||
24 | endangering the food supply; or (9) endangering the water | ||||||
25 | supply.
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26 | (m) "Terrorist" and "terrorist organization" means any |
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1 | person who
engages or is about to engage in a terrorist act | ||||||
2 | with the intent to intimidate
or coerce a significant portion | ||||||
3 | of a civilian population.
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4 | (n) "Material support or resources" means currency or other | ||||||
5 | financial
securities, financial services, lodging, training, | ||||||
6 | safe houses, false
documentation or identification, | ||||||
7 | communications equipment, facilities, weapons,
lethal | ||||||
8 | substances, explosives, personnel, transportation, any other | ||||||
9 | kind of
physical assets or intangible property, and expert | ||||||
10 | services or expert
assistance.
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11 | (o) "Person" has the meaning given in Section 2-15 of this | ||||||
12 | Code
and, in addition to that meaning, includes, without | ||||||
13 | limitation, any charitable
organization, whether incorporated | ||||||
14 | or unincorporated, any professional fund
raiser, professional | ||||||
15 | solicitor, limited liability company, association, joint
stock | ||||||
16 | company, association, trust, trustee, or any group of people | ||||||
17 | formally or
informally affiliated or associated for a common | ||||||
18 | purpose, and any officer,
director, partner, member, or agent | ||||||
19 | of any person.
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20 | (p) "Render criminal assistance" means to do any of the | ||||||
21 | following with
the intent to prevent, hinder, or delay the | ||||||
22 | discovery or apprehension of, or
the lodging of a criminal | ||||||
23 | charge against, a person who he or she knows or
believes has | ||||||
24 | committed an offense under this Article or is being sought by | ||||||
25 | law
enforcement officials for the commission of an offense | ||||||
26 | under this Article, or
with the intent to assist a person in |
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1 | profiting or benefiting from the
commission of an offense under | ||||||
2 | this Article:
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3 | (1) harbor or conceal the person;
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4 | (2) warn the person of impending discovery or | ||||||
5 | apprehension;
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6 | (3) provide the person with money, transportation, a | ||||||
7 | weapon, a
disguise, false identification documents, or any | ||||||
8 | other means of avoiding
discovery or apprehension;
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9 | (4) prevent or obstruct, by means of force, | ||||||
10 | intimidation, or
deception, anyone from performing an act | ||||||
11 | that might aid in the discovery or
apprehension of the | ||||||
12 | person or in the lodging of a criminal charge against the
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13 | person;
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14 | (5) suppress, by any act of concealment, alteration, or | ||||||
15 | destruction,
any physical evidence that might aid in the | ||||||
16 | discovery or apprehension of the
person or in the lodging | ||||||
17 | of a criminal charge against the person;
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18 | (6) aid the person to protect or expeditiously profit | ||||||
19 | from an
advantage derived from the crime; or
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20 | (7) provide expert services or expert assistance to the | ||||||
21 | person.
Providing expert services or expert assistance | ||||||
22 | shall not be construed to
apply to: (1) a licensed attorney | ||||||
23 | who discusses with a client the legal
consequences of a | ||||||
24 | proposed course of conduct or advises a client of legal or
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25 | constitutional rights and (2) a licensed medical doctor who | ||||||
26 | provides emergency
medical treatment to a person whom he or |
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1 | she believes has committed an offense
under this Article | ||||||
2 | if, as soon as reasonably practicable either before or
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3 | after providing such treatment, he or she notifies a law | ||||||
4 | enforcement agency.
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5 | (Source: P.A. 94-68, eff. 6-22-05.)
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