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1 | AN ACT concerning agriculture.
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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 Commercial Feed Act of 1961 is | |||||||||||||||||||||||
5 | amended by changing Sections 9, 10, and 14.2 as follows:
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6 | (505 ILCS 30/9) (from Ch. 56 1/2, par. 66.9)
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7 | Sec. 9. Inspection, sampling and analysis.
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8 | (a) For the purpose of enforcement of this Act, and in | |||||||||||||||||||||||
9 | order to
determine whether its provisions have been complied | |||||||||||||||||||||||
10 | with, including whether
or not any operations may be subject to | |||||||||||||||||||||||
11 | its provisions, officers, or
employees duly designated by the | |||||||||||||||||||||||
12 | Director, upon presenting appropriate
credentials, and a | |||||||||||||||||||||||
13 | written notice to the owner, operator, or agent in
charge, are | |||||||||||||||||||||||
14 | authorized (1) to enter, during normal business hours, any
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15 | factory, warehouse, or establishment within the State in which | |||||||||||||||||||||||
16 | commercial
feeds are manufactured, processed, packed, or held | |||||||||||||||||||||||
17 | for distribution, or to
enter any vehicle being used to | |||||||||||||||||||||||
18 | transport or hold feeds; and (2) to
inspect any factory, | |||||||||||||||||||||||
19 | warehouse, establishment or vehicle and all pertinent
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20 | equipment, finished and unfinished materials, containers, and | |||||||||||||||||||||||
21 | labeling
therein. The inspection may include documentation of | |||||||||||||||||||||||
22 | events, including, but not limited to, depictions, | |||||||||||||||||||||||
23 | photographs, or drawings of the establishment or vehicles and |
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1 | the verification of only the records,
and production and | ||||||
2 | control procedures as may be necessary to determine
compliance | ||||||
3 | with the Good Manufacturing Practice Regulations established
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4 | under Section 10(d) or other provisions of this Act.
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5 | (b) A separate notice shall be given for each inspection, | ||||||
6 | but a
notice shall not be required for each entry made during | ||||||
7 | the period covered
by the inspection. Each inspection shall be | ||||||
8 | commenced and completed
with reasonable promptness. Upon | ||||||
9 | completion of the inspection, the person
in charge of the | ||||||
10 | facility or vehicle shall be so notified.
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11 | (c) If the officer or employee making the inspection of a | ||||||
12 | factory,
warehouse, or other establishment has obtained a | ||||||
13 | sample in the course of
the inspection, upon completion of the | ||||||
14 | inspection and prior to leaving the
premises he shall give to | ||||||
15 | the owner, operator, or agent in charge a receipt
describing | ||||||
16 | the samples obtained.
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17 | (d) If the owner of any factory, warehouse, or | ||||||
18 | establishment described
in subsection (a), or his agent, | ||||||
19 | refuses to admit the Director or his agent
to inspect in | ||||||
20 | accordance with subsections (a) and (b), the Director is
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21 | authorized to obtain from any State Court a warrant directing | ||||||
22 | the owner or
his agent to submit the premises, records, | ||||||
23 | vehicles, and any items
described in the warrant to inspection.
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24 | (e) For the enforcement of this Act, the Director or his | ||||||
25 | duly designated
agent is authorized to enter upon any public or | ||||||
26 | private premises including
any vehicle of transport during |
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1 | regular business hours to have access to,
and to obtain | ||||||
2 | samples, and to examine records relating to distribution of
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3 | commercial feeds and photograph those events as deemed | ||||||
4 | necessary .
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5 | (f) Sampling and analysis shall be conducted in accordance | ||||||
6 | with methods
published by the Association of Official | ||||||
7 | Analytical Chemists, or in
accordance with other recognized | ||||||
8 | methods.
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9 | (g) The results of all analyses of official samples shall | ||||||
10 | be forwarded
by the Director to the person named on the label. | ||||||
11 | When the inspection and
analysis of an official sample | ||||||
12 | indicates a commercial feed has been
adulterated or misbranded | ||||||
13 | and upon request within 30 days following the
receipt of the | ||||||
14 | analysis, the Director shall furnish to the registrant a
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15 | portion of the sample concerned.
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16 | (h) The Director, in determining for administrative | ||||||
17 | purposes whether a
commercial feed is deficient in any | ||||||
18 | component, shall be guided by the
official sample obtained and | ||||||
19 | analyzed as provided for in this Act.
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20 | (Source: P.A. 87-664.)
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21 | (505 ILCS 30/10) (from Ch. 56 1/2, par. 66.10)
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22 | Sec. 10. Rules and regulations.
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23 | (a) The Director is hereby charged with the enforcement of | ||||||
24 | this Act
and is empowered to promulgate and adopt, after due | ||||||
25 | notice and public hearing,
such reasonable rules and |
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1 | regulations as may be necessary in order to
secure efficient | ||||||
2 | administration of this Act.
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3 | (b) The official definitions of feed ingredients and | ||||||
4 | official feed
terms as adopted and published by the Association | ||||||
5 | of American Feed Control
Officials and any amendments or | ||||||
6 | supplements thereto are the official
definitions of feed | ||||||
7 | ingredients and official feed terms, except insofar as
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8 | specifically amended, modified or rejected by a rule adopted by | ||||||
9 | the Director.
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10 | (c) Federal rules adopted by the U.S. Food and Drug | ||||||
11 | Administration,
Department of Health and Human Resources | ||||||
12 | relating to Sections 406, 408,
409, 512 and 706 of the Federal | ||||||
13 | Food, Drug and Cosmetic Act are the rules
governing those | ||||||
14 | Sections, except insofar as specially amended, modified or
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15 | rejected by a rule adopted by the Director.
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16 | (d) Any rules, regulations, or good manufacturing | ||||||
17 | practices adopted under the Illinois Food, Drug and Cosmetic | ||||||
18 | Act and the federal Food Safety Modernization Act shall serve | ||||||
19 | as the requirements for The good manufacturing practices | ||||||
20 | established as part 225 and part
226 rules pursuant to the | ||||||
21 | Federal Food, Drug and Cosmetic Act are the good
manufacturing | ||||||
22 | practices for the purposes of this Act, except insofar as
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23 | specifically amended, supplemented, modified or rejected by | ||||||
24 | rules adopted
by the Director. Those good manufacturing | ||||||
25 | practices shall apply equally to medicated and non-medicated | ||||||
26 | feed manufacturing including production records and the master |
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1 | records file, unless specifically required as part of another | ||||||
2 | good manufacturing practice rule or regulation.
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3 | (Source: P.A. 87-664.)
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4 | (505 ILCS 30/14.2) (from Ch. 56 1/2, par. 66.14.2)
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5 | Sec. 14.2. Suspension or revocation of registration or firm
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6 | license; Administrative hearings and penalties. Any person | ||||||
7 | given notice of that person's violation of this Act or its | ||||||
8 | rules shall be given the opportunity to be heard as prescribed | ||||||
9 | by the Director. If the hearing officer determines that a | ||||||
10 | violation of this Act or its rules has occurred, the hearing | ||||||
11 | officer shall levy and the Department shall collect | ||||||
12 | administrative penalties as follows: | ||||||
13 | (1) A penalty of $1,000 shall be imposed for: | ||||||
14 | (A) neglect or refusal by a person, after notice in | ||||||
15 | writing, to comply with the provisions of this Act or | ||||||
16 | its rules or any lawful order of the Director: | ||||||
17 | (B) every sale, disposal, or distribution of a feed | ||||||
18 | that is under a stop-sale order; or | ||||||
19 | (C) concealing facts or conditions, impeding, | ||||||
20 | obstructing, hindering, or otherwise preventing or | ||||||
21 | attempting to prevent the Director, or his or her duly | ||||||
22 | authorized agent, from the performance of his or her | ||||||
23 | duty in connection with the provisions of this Act. | ||||||
24 | (2) A penalty of $500 shall be imposed for: | ||||||
25 | (A) distribution of a feed that is misbranded or |
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1 | adulterated; | ||||||
2 | (B) distribution of a feed that does not have an | ||||||
3 | accompanying label attached or displayed; or | ||||||
4 | (C) failure to comply with any provisions of this | ||||||
5 | Act or its rules other than the violations described | ||||||
6 | under this Section. | ||||||
7 | The Department may suspend
or revoke any registration issued | ||||||
8 | under Section 4 of this Act for violation
of the Act or any | ||||||
9 | rules adopted pursuant thereto.
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10 | The Department may, upon its own motion and shall upon the | ||||||
11 | verified
complaint in writing of any person setting forth facts | ||||||
12 | which, if proved,
would constitute grounds for refusal, | ||||||
13 | suspension, or revocation of a
product registration, under this | ||||||
14 | Act, investigate the actions of any
applicant or any person or | ||||||
15 | persons applying for, holding, or claiming to
hold a product | ||||||
16 | registration or firm license.
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17 | At least 10 days before the date set for the hearing, the | ||||||
18 | Director
shall notify in writing the applicant for or holder of | ||||||
19 | a product
registration or firm license, referred to as the | ||||||
20 | respondent in this Section,
that a hearing will be held on the | ||||||
21 | date designated to determine whether the
respondent is entitled | ||||||
22 | to hold a product registration or firm license and
shall afford | ||||||
23 | the respondent opportunity to be heard in person or by counsel.
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24 | The Department, over the signature of the Director, is | ||||||
25 | authorized to
issue subpoenas and to take testimony, either | ||||||
26 | orally, by deposition disposition or by
exhibit, in the circuit |
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1 | courts of this State. The Director is authorized
to issue | ||||||
2 | subpoenas duces tecum for any or all records relating to the | ||||||
3 | feed
in question.
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4 | (Source: P.A. 87-664.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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