Sen. Emil Jones, III

Filed: 3/16/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 312

2    AMENDMENT NO. ______. Amend Senate Bill 312 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Food, Drug and Cosmetic Act is
5amended by adding Section 21.4 as follows:
 
6    (410 ILCS 620/21.4 new)
7    Sec. 21.4. Catfish labeling.
8    (a) As used in this Section:
9    "Catfish" means any species within the family Ictaluridae.
10    "Similar fish" means species of fish similar to catfish,
11but within the families of Siluridae, Clariidae, and
12Pangasiidae.
13    "Menu" means any form from which a customer is offered food
14and beverage, including, but not limited to, traditional
15printed listings, white boards, chalkboards, and buffet
16labels.

 

 

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1    (b) All persons who sell catfish or similar fish products
2in all forms, including individual product, packaged product,
3and bulk product, must label the catfish or similar fish in
4English with the catfish's or similar fish's country of origin.
5Additional labels in other languages are permissible as long as
6the requirements of this Section are met. Symbols or flags,
7with the exception of the United States flag, are not
8acceptable in lieu of country of origin labeling.
9    (c) The information required by subsection (b) must be
10provided to customers on the menu of a food service
11establishment. The information shall be adjacent to the item on
12the menu and printed in the same font style and size as the
13item. If a food service establishment sells only catfish or
14similar fish that are of United States origin, then the food
15service establishment may generally disclose the country of
16origin of the product if the disclosure is in a prominent
17location. Examples of a prominent location include, but are not
18limited to, table tents or signs around the entry of the
19restaurant. If requested, the Department of Public Health shall
20review a menu for compliance prior to the product being offered
21by a food service establishment.
22    (d) Any person engaged in the business of supplying catfish
23or similar fish products to a food service establishment,
24whether directly or indirectly, must make available
25information to the buyer about the country of origin and method
26of production. This information may be provided either on the

 

 

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1master shipping container or in a document that accompanies the
2product through retail sale provided that the document
3identifies the product and the product's country of origin. In
4addition, the supplier of catfish or similar fish that is
5responsible for initiating a country of origin claim must
6possess records that are necessary to substantiate that claim
7for a period of one year after the date of the transaction.
8Producer affidavits shall also be considered acceptable
9records that suppliers may utilize to initiate origin claims,
10provided that the affidavit is made by someone with first-hand
11knowledge of the origin of the catfish or similar fish and
12identifies the catfish or similar fish unique to the
13transaction.
14    Any person engaged in the business of supplying catfish or
15similar fish to a food service establishment, whether directly
16or indirectly, including, but not limited to, harvesters,
17producers, distributors, handlers, and processors, must
18maintain records to establish and identify the immediate
19previous source, if applicable, and immediate subsequent
20recipient of catfish or similar fish for a period of one year
21after the date of the transaction.
22    (e) In providing the country of origin notification for
23catfish or similar fish, in general, food service
24establishments shall convey the origin information provided to
25the food service establishment by the food service
26establishment's supplier. If the food service establishment

 

 

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1physically commingles catfish or similar fish, in preparation
2for service to the customer, then the establishment must
3provide the country or countries of origin for each fish
4product. For example, the commingling of United States
5farm-raised catfish or fish belonging to the families of
6Ictaluridae, Siluridae, Clariidae, and Pangasiidae, whether in
7the same container or separately on a buffet line, requires the
8food service establishment to indicate all countries contained
9therein and methods of production.
10    (f) Records that identify the catfish or similar fish, the
11food service establishment's supplier, and the catfish or
12similar fish's country of origin must be maintained for a
13period of one year from the date the declaration is made.
14    All records must be legible and may be maintained in either
15electronic or hard copy formats. Due to the variation in
16inventory and accounting documentary systems, various forms of
17documentation and records shall be acceptable. Upon request by
18the Department of Public Health, suppliers and food service
19establishments subject to this Section shall make available to
20the Department of Public Health records maintained in the
21normal course of business that verify an origin claim. The
22records shall be provided within 5 days of the request and may
23be maintained in any location.
24    Records and other documentary evidence relied upon at the
25point of sale to establish a catfish's or similar fish's
26country of origin must either be maintained at the retail

 

 

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1facility or at another location for as long as the products are
2on hand and provided to Department of Public Health, if
3requested, under this subsection.
4    (g) Any food service establishment handling catfish or
5similar fish that is found to be designated incorrectly as to
6the country of origin shall not be held liable for a violation
7of the law by reason of the conduct of another if the food
8service establishment relied on the designation provided by the
9food service establishment's supplier, unless the food service
10establishment willfully disregarded information establishing
11that the country of origin declaration was false.".