Illinois General Assembly - Full Text of SB0312
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Full Text of SB0312  100th General Assembly



SB0312 EnrolledLRB100 05097 SMS 15107 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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    "Menu" means any form from which a customer is offered food
11and beverage, including, but not limited to, traditional
12printed listings, white boards, chalkboards, and buffet
14    "Primarily engaged" means having sales of ready-to-eat
15food for immediate consumption comprising at least 51% of the
16total sales, excluding the sale of liquor.
17    "Restaurant" means any business that is primarily engaged
18in the sale of ready-to-eat food for immediate consumption.
19    "Similar fish" means species of fish similar to catfish,
20but within the families of Siluridae, Clariidae, and
22    (b) A restaurant shall not label a menu item as containing
23catfish unless the item contains catfish.



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1    (c) An individual may file a complaint alleging a violation
2of subsection (b) of this Section with the Department of Public
3Health or a local health department. The complaint must include
4a copy, electronic copy, or photograph of the menu. After
5receiving a complaint that meets the requirements of this
6subsection, the Department of Public Health or local health
7department shall notify the restaurant in writing that there
8has been a complaint alleging a violation of subsection (b).
9The notice must include information concerning the penalties
10for violating this Section.
11    If the Department of Public Health or a local health
12department receives 2 separate complaints for a restaurant that
13meet the requirements of this subsection, then the Department
14of Public Health or local health department shall inspect the
15menu, books, records, and inventory of the restaurant to
16determine whether, in the Department of Public Health's or
17local health department's discretion, the item advertised on
18the restaurant's menu is consistent with the books, records,
19and inventory of the restaurant.
20    (d) If a restaurant is found to be in violation of this
21Section following an inspection under subsection (c) of this
22Section for the first time, then the Department of Public
23Health or local health department shall: (1) notify the
24restaurant in writing that the restaurant must correct the
25mislabeling within 14 days after receiving the notice and (2)
26impose a $250 fine upon the restaurant.



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1    The Department of Public Health or local health department
2shall impose a $1,000 fine upon a restaurant found to be in
3violation of this Section a second time.
4    For a restaurant found to be in violation of this Section a
5third or subsequent time, the Department of Public Health or
6local health department shall (1) impose a $5,000 fine, (2)
7suspend the restaurant's license, or (3) both.
8    (e) A restaurant found to be incorrectly labeling a menu
9item as containing catfish shall not be held liable for a
10violation of this Section by reason of the conduct of another
11if the restaurant relied on the designation provided by the
12restaurant's supplier, unless the restaurant willfully
13disregarded information establishing that the designation was
15    If a restaurant's records indicate that it has purchased
16both catfish and similar fish from its suppliers and the
17restaurant labels an item on its menu as containing a similar
18fish, then the restaurant shall not be held liable for a
19violation of this Section.
20    (f) The Department of Public Health may adopt any rules
21necessary to implement this Section.
22    Section 99. Effective date. This Act takes effect July 1,