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1 | AN ACT concerning health. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Genetically Engineered Food Labeling Act. | |||||||||||||||||||
6 | Section 15. In this Act, terms have the meanings given to | |||||||||||||||||||
7 | them in the Illinois Food, Drug and Cosmetic Act, except as | |||||||||||||||||||
8 | provided in this Section. | |||||||||||||||||||
9 | "Agriculture" means the science, art, or practice of | |||||||||||||||||||
10 | cultivating soil, producing crops, and raising livestock or | |||||||||||||||||||
11 | fish and, in varying degrees, the preparation and marketing of | |||||||||||||||||||
12 | the resulting products. | |||||||||||||||||||
13 | "Cultivated commercially" means agricultural commodities | |||||||||||||||||||
14 | grown or raised in the course of business or trade and sold | |||||||||||||||||||
15 | within the United States. | |||||||||||||||||||
16 | "Department" means the Department of Public Health. | |||||||||||||||||||
17 | "Enzyme" means a protein that catalyzes chemical reactions | |||||||||||||||||||
18 | of other substances without itself being destroyed or altered | |||||||||||||||||||
19 | upon completion of the reactions. | |||||||||||||||||||
20 | "Food" means any articles used to feed or nourish man, | |||||||||||||||||||
21 | chewing gum, and articles used for components, including food | |||||||||||||||||||
22 | additives, of any such article. | |||||||||||||||||||
23 | "Genetically engineered" means a process that results in a |
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1 | substance that is produced from an organism or organisms in | ||||||
2 | which the genetic material has been changed through the | ||||||
3 | application of the following: | ||||||
4 | (1) in vitro nucleic acid techniques, which include, | ||||||
5 | but are not limited to, recombinant deoxyribonucleic acid | ||||||
6 | (DNA), direct injection of nucleic acid into cells or | ||||||
7 | organelles, encapsulation, gene deletion, and doubling | ||||||
8 | (for the purposes of this definition, "in vitro nucleic | ||||||
9 | acid techniques" include, but are not limited to, | ||||||
10 | recombinant DNA or RNA techniques that use vector systems | ||||||
11 | and techniques involving the direct introduction into the | ||||||
12 | organisms of hereditary materials prepared outside the | ||||||
13 | organisms, such as biolistics, microinjection, | ||||||
14 | macro-injection, chemoporation, electroporation, | ||||||
15 | microencapsulation, and liposome fusion); or | ||||||
16 | (2) methods of fusing cells beyond the taxonomic | ||||||
17 | family that overcome natural physiological reproductive or | ||||||
18 | recombinant barriers, and that are not techniques used in | ||||||
19 | traditional breeding and selection, such as conjugation, | ||||||
20 | transduction, and hybridization. | ||||||
21 | "Label" means a display of written, printed, or graphic | ||||||
22 | matter upon or connected to the immediate container or surface | ||||||
23 | of any article. In order to meet the definition of "label", any | ||||||
24 | word, statement, or other information appearing on the label | ||||||
25 | shall appear on the outside container or wrapper, if any, of | ||||||
26 | the bulk, wholesale, or retail package of the article or be |
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1 | easily legible through the outside container or wrapper. | ||||||
2 | "Labeling" means any written, printed, or graphic matter | ||||||
3 | that is present on the label, accompanies the food, or is | ||||||
4 | displayed near the food, including that for the purpose of | ||||||
5 | promoting its sale or disposal. | ||||||
6 | "Manufacturer" means the person or business that makes, | ||||||
7 | processes, combines, or packages food ingredients into a | ||||||
8 | finished food product. | ||||||
9 | "Medical food" means a food that is formulated to be | ||||||
10 | consumed or administered internally under the supervision of a | ||||||
11 | physician and which is intended for the specific dietary | ||||||
12 | management of a disease or condition for which distinctive | ||||||
13 | nutritional requirements, based on recognized scientific | ||||||
14 | principles, are established by medical evaluation. | ||||||
15 | "Organism" means any biological entity capable of | ||||||
16 | replication, reproduction, or transferring genetic material. | ||||||
17 | "Packaged food" means any food offered for retail sale in | ||||||
18 | this State, other than raw food and food served, sold, or | ||||||
19 | provided ready to eat in any bake sale, restaurant, or | ||||||
20 | cafeteria, and that is otherwise subject to the provisions of | ||||||
21 | the Illinois Food, Drug and Cosmetic Act prohibiting | ||||||
22 | misbranding. | ||||||
23 | "Processed food" means any food other than a raw | ||||||
24 | agricultural commodity, including any food produced from a raw | ||||||
25 | agricultural commodity that has been subject to processing | ||||||
26 | such as canning, smoking, pressing, cooking, freezing, |
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1 | dehydration, fermentation, or milling. | ||||||
2 | "Processing aid" means the following: | ||||||
3 | (a) a substance that is added to a food during the | ||||||
4 | processing of the food but is removed in some manner from | ||||||
5 | the food before it is packaged in its final form; | ||||||
6 | (b) a substance that is added to a food during | ||||||
7 | processing, is converted into constituents normally | ||||||
8 | present in the food, and does not significantly increase | ||||||
9 | the amount of the constituents found in the food; or | ||||||
10 | (c) a substance that is added to a food for its | ||||||
11 | technical or functional effects in the processing but is | ||||||
12 | present in the finished food at insignificant levels and | ||||||
13 | does not have any technical or functional effect in that | ||||||
14 | finished food. | ||||||
15 | "Raw agricultural commodity" means any plant, animal, or | ||||||
16 | fungi grown or produced for human food purposes, including all | ||||||
17 | fruits that are washed, colored, or otherwise treated in their | ||||||
18 | unpeeled natural form before marketing. | ||||||
19 | Section 20. Labeling of genetically engineered foods. | ||||||
20 | (a) Beginning on the effective date of this Act, any food | ||||||
21 | offered for retail sale in this State is misbranded if it is | ||||||
22 | entirely or partially produced with genetic engineering and | ||||||
23 | that fact is not disclosed as follows: | ||||||
24 | (1) In the case of a raw agricultural commodity, on | ||||||
25 | the package offered for retail sale, with the words |
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1 | "Genetically Engineered" appearing clearly and | ||||||
2 | conspicuously on the label on the front of the package of | ||||||
3 | the commodity or, in the case of any such commodity that is | ||||||
4 | not separately packaged or labeled, on a clear and | ||||||
5 | conspicuous label appearing on the retail store shelf or | ||||||
6 | bin in which the commodity is displayed for sale. | ||||||
7 | (2) In the case of processed food containing some | ||||||
8 | products of genetic engineering, the manufacturer must | ||||||
9 | label the product, in clear and conspicuous language on | ||||||
10 | the front or back of the package of such food, with the | ||||||
11 | words "Produced with Genetic Engineering" or "Partially | ||||||
12 | Produced with Genetic Engineering". | ||||||
13 | (b) This Act shall not be construed to require either the | ||||||
14 | listing or identification of any ingredient or ingredients | ||||||
15 | that were genetically engineered, nor that the term | ||||||
16 | "genetically engineered" be placed immediately preceding any | ||||||
17 | common name or primary product descriptor of a food. | ||||||
18 | (c) Until the effective date of this Act, any processed | ||||||
19 | food that would be subject to this Section solely because it | ||||||
20 | includes one or more materials produced by genetic engineering | ||||||
21 | is not misbranded provided that the engineered materials in | ||||||
22 | the aggregate do not account for more than nine-tenths of one | ||||||
23 | percent of the total weight of the processed food. | ||||||
24 | (d) Subsection (a) of this Section does not apply to any of | ||||||
25 | the following: | ||||||
26 | (1) food consisting entirely of, or derived entirely |
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1 | from, an animal that has not itself been genetically | ||||||
2 | engineered, regardless of whether the animal has been fed | ||||||
3 | or injected with any food produced with genetic | ||||||
4 | engineering or any drug or vaccine that has been produced | ||||||
5 | through means of genetic engineering; | ||||||
6 | (2) a raw agricultural commodity or food that has been | ||||||
7 | grown, raised, produced, or derived without the knowing | ||||||
8 | and intentional use of genetically engineered seed or | ||||||
9 | food; to be included within the exclusion under this | ||||||
10 | subsection (d), the person responsible for complying with | ||||||
11 | this Section with respect to a raw agricultural commodity | ||||||
12 | or food must obtain, from whoever sold the raw | ||||||
13 | agricultural commodity or food to that person, a sworn | ||||||
14 | statement that the raw agricultural commodity or food (A) | ||||||
15 | has not been knowingly or intentionally genetically | ||||||
16 | engineered and (B) has been segregated from, and has not | ||||||
17 | been knowingly or intentionally commingled with, foods | ||||||
18 | that may have been genetically engineered at any time; in | ||||||
19 | providing the sworn statement, a person may rely on a | ||||||
20 | sworn statement from his or her own supplier that contains | ||||||
21 | such an affirmation; | ||||||
22 | (3) any processed food that would be subject to this | ||||||
23 | Section solely because one or more processing aids or | ||||||
24 | enzymes were produced or derived with genetic engineering; | ||||||
25 | (4) any alcoholic beverage that is subject to | ||||||
26 | regulation under the Liquor Control Act of 1934; |
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1 | (5) food that has been lawfully certified to be | ||||||
2 | labeled, marketed, and offered for sale as organic under | ||||||
3 | the federal Organic Foods Production Act of 1990, 7 U.S.C. | ||||||
4 | 6501, et seq., and the National Organic Program | ||||||
5 | regulations promulgated pursuant thereto by the United | ||||||
6 | States Department of Agriculture; | ||||||
7 | (6) food that is not packaged for retail sale and that | ||||||
8 | either (A) is a processed food prepared and intended for | ||||||
9 | immediate human consumption or (B) is served, sold, or | ||||||
10 | otherwise provided in any restaurant or other food service | ||||||
11 | establishment that is primarily engaged in the sale of | ||||||
12 | food prepared and intended for immediate human | ||||||
13 | consumption; or | ||||||
14 | (7) medical food. | ||||||
15 | (e) With regard to the requirements of this Act concerning | ||||||
16 | raw food, the retailer is responsible only for point of | ||||||
17 | purchase shelf labeling. The supplier must label each | ||||||
18 | container used for packaging, holding, or transporting, or any | ||||||
19 | combination thereof, any raw food produced with genetic | ||||||
20 | engineering that is delivered directly to Illinois retailers. | ||||||
21 | Section 25. Right of action for violations, damages, and | ||||||
22 | attorneys' fees. | ||||||
23 | (a) The Department, acting through the Attorney General, | ||||||
24 | may bring an action in a court of competent jurisdiction to | ||||||
25 | enjoin any person violating this Act. |
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1 | (b) The Department may assess a civil penalty against any | ||||||
2 | person violating this Act. | ||||||
3 | (c) Any injured citizen of this State may, after giving | ||||||
4 | notice of the alleged violation to the Attorney General and | ||||||
5 | the alleged violator and waiting 60 days, bring an action to | ||||||
6 | enjoin a violation of this Act by a manufacturer or retailer in | ||||||
7 | any court of competent jurisdiction. The court may award to a | ||||||
8 | citizen who is a prevailing plaintiff reasonable attorney's | ||||||
9 | fees and costs incurred in investigating and prosecuting the | ||||||
10 | action, but the court may not award any monetary damages. | ||||||
11 | (d) For the purposes of this Act, food shall be considered | ||||||
12 | not to have been produced with the knowing or intentional use | ||||||
13 | of genetic engineering if: | ||||||
14 | (1) the food is lawfully certified to be labeled, | ||||||
15 | marketed, and offered for sale as organic under the | ||||||
16 | federal Organic Foods Production Act of 1990, 7 U.S.C. | ||||||
17 | 6501 et seq., which prohibits genetic engineering; or | ||||||
18 | (2) in the case of a manufacturer or retailer | ||||||
19 | obligated to label any food under this Act, if such entity | ||||||
20 | has obtained from whomever sold the food to them a sworn | ||||||
21 | statement that the food has not been knowingly or | ||||||
22 | intentionally genetically engineered and has been | ||||||
23 | segregated from, and not knowingly or intentionally | ||||||
24 | commingled with, foods that may have been genetically | ||||||
25 | engineered at any time. | ||||||
26 | (e) With regard to the sworn statement described in item |
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1 | (2) of subsection (d) of this Section, a manufacturer or | ||||||
2 | retailer may rely on a sworn statement from a supplier that | ||||||
3 | contains the affirmation. Alternatively, a manufacturer or | ||||||
4 | retailer may rely on an independent organization if it | ||||||
5 | determines that the food has not been knowingly or | ||||||
6 | intentionally genetically engineered and has been segregated | ||||||
7 | from, and not knowingly or intentionally commingled with, | ||||||
8 | foods that may have been genetically engineered at any time, | ||||||
9 | if such a determination has been made pursuant to a sampling | ||||||
10 | and testing procedure: | ||||||
11 | (1) consistent with sampling and testing principles | ||||||
12 | recommended by internationally recognized standards | ||||||
13 | organizations; and | ||||||
14 | (2) that does not rely on testing processed foods in | ||||||
15 | which no DNA is detectable. | ||||||
16 | (f) Unless the retailer is also the producer or the | ||||||
17 | manufacturer of the food and sells the food under a brand it | ||||||
18 | owns, no act or omission of any retailer shall be deemed a | ||||||
19 | violation of this Act, except for knowingly and willfully | ||||||
20 | failing to provide point of purchase labeling for unpackaged | ||||||
21 | raw agricultural commodities. In any action in which it is | ||||||
22 | alleged that a retailer has violated the provisions of this | ||||||
23 | Section, it shall be a defense that such retailer reasonably | ||||||
24 | relied on any disclosure as to whether a food was produced | ||||||
25 | through genetic engineering contained in the bill of sale or | ||||||
26 | invoice provided by the wholesaler or distributor, or a lack |
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1 | of such disclosure. | ||||||
2 | (g) No action may be brought against any farmer for any | ||||||
3 | violation of any provision of this Act unless the farmer is | ||||||
4 | also a retailer or manufacturer, but any farmer submitting a | ||||||
5 | false sworn statement under item (2) of subsection (d) of this | ||||||
6 | Section shall be subject to the laws of this State pertaining | ||||||
7 | to perjury. | ||||||
8 | (h) The Department of Public Health shall adopt and | ||||||
9 | enforce rules necessary to implement this Act. The Department | ||||||
10 | of Public Health is not authorized to exempt from the | ||||||
11 | requirements of this Section any food product that is made | ||||||
12 | subject to those requirements by the provisions of this Act. | ||||||
13 | The Department of Public Health may, by rule, provide that a | ||||||
14 | person may be subject to an injunction and responsible for the | ||||||
15 | payment of the prevailing party's attorneys' fees under this | ||||||
16 | Act for failure to label packaged food in accordance with this | ||||||
17 | Act at such time as the Department of Public Health determines | ||||||
18 | the commercial availability of relevant materials not produced | ||||||
19 | with genetic engineering. | ||||||
20 | Section 97. Severability. The provisions of this Act are | ||||||
21 | severable under Section 1.31 of the Statute on Statutes. | ||||||
22 | Section 999. Effective date. This Act takes effect January | ||||||
23 | 1, 2026. |