Illinois General Assembly - Full Text of SB1666
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Full Text of SB1666  98th General Assembly


Sen. David Koehler

Filed: 3/21/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 1666 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Genetically Engineered Food Labeling Act.
6    Section 15. In this Act, terms have the meanings given to
7them in the Illinois Food, Drug and Cosmetic Act, except as
8provided in this Section.
9    "Agriculture" means the science, art, or practice of
10cultivating soil, producing crops, and raising livestock or
11fish and, in varying degrees, the preparation and marketing of
12the resulting products.
13    "Cultivated commercially" means agricultural commodities
14grown or raised in the course of business or trade and sold
15within the United States.
16    "Department" means the Department of Public Health.



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1    "Enzyme" means a protein that catalyzes chemical reactions
2of other substances without itself being destroyed or altered
3upon completion of the reactions.
4    "Food" means any articles used to feed or nourish man,
5chewing gum, and articles used for components, including food
6additives, of any such article.
7    "Genetically engineered" means a process that results in a
8substance that is produced from an organism or organisms in
9which the genetic material has been changed through the
10application of the following:
11        (1) in vitro nucleic acid techniques, which include,
12    but are not limited to, recombinant deoxyribonucleic acid
13    (DNA), direct injection of nucleic acid into cells or
14    organelles, encapsulation, gene deletion, and doubling
15    (for the purposes of this definition, "in vitro nucleic
16    acid techniques" include, but are not limited to,
17    recombinant DNA or RNA techniques that use vector systems
18    and techniques involving the direct introduction into the
19    organisms of hereditary materials prepared outside the
20    organisms, such as biolistics, microinjection,
21    macro-injection, chemoporation, electroporation,
22    microencapsulation, and liposome fusion); or
23        (2) methods of fusing cells beyond the taxonomic family
24    that overcome natural physiological reproductive or
25    recombinant barriers, and that are not techniques used in
26    traditional breeding and selection, such as conjugation,



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1    transduction, and hybridization.
2    "Label" means a display of written, printed, or graphic
3matter upon or connected to the immediate container or surface
4of any article. In order to meet the definition of "label", any
5word, statement, or other information appearing on the label
6shall appear on the outside container or wrapper, if any, of
7the bulk, wholesale, or retail package of the article or be
8easily legible through the outside container or wrapper.
9    "Labeling" means any written, printed, or graphic matter
10that is present on the label, accompanies the food, or is
11displayed near the food, including that for the purpose of
12promoting its sale or disposal.
13    "Manufacturer" means the person or business that makes,
14processes, combines, or packages food ingredients into a
15finished food product.
16    "Medical food" means a food that is formulated to be
17consumed or administered enterally under the supervision of a
18physician and which is intended for the specific dietary
19management of a disease or condition for which distinctive
20nutritional requirements, based on recognized scientific
21principles, are established by medical evaluation.
22    "Organism" means any biological entity capable of
23replication, reproduction, or transferring genetic material.
24    "Packaged food" means any food offered for retail sale in
25this State, other than raw food and food served, sold, or
26provided ready to eat in any bake sale, restaurant, or



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1cafeteria, and that is otherwise subject to the provisions of
2the Illinois Food, Drug and Cosmetic Act prohibiting
4    "Processed food" means any food other than a raw
5agricultural commodity, including any food produced from a raw
6agricultural commodity that has been subject to processing such
7as canning, smoking, pressing, cooking, freezing, dehydration,
8fermentation, or milling.
9    "Processing aid" means the following:
10        (a) a substance that is added to a food during the
11    processing of the food but is removed in some manner from
12    the food before it is packaged in its final form;
13        (b) a substance that is added to a food during
14    processing, is converted into constituents normally
15    present in the food, and does not significantly increase
16    the amount of the constituents found in the food; or
17        (c) a substance that is added to a food for its
18    technical or functional effects in the processing but is
19    present in the finished food at insignificant levels and
20    does not have any technical or functional effect in that
21    finished food.
22    "Raw agricultural commodity" means any plant, animal, or
23fungi grown or produced for human food purposes, including all
24fruits that are washed, colored, or otherwise treated in their
25unpeeled natural form before marketing.



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1    Section 20. Labeling of genetically engineered foods.
2    (a) Beginning on the effective date of this Act, any food
3offered for retail sale in this State is misbranded if it is
4entirely or partially produced with genetic engineering and
5that fact is not disclosed as follows:
6        (1) In the case of a raw agricultural commodity, on the
7    package offered for retail sale, with the words
8    "Genetically Engineered" appearing clearly and
9    conspicuously on the label on the front of the package of
10    the commodity or, in the case of any such commodity that is
11    not separately packaged or labeled, on a clear and
12    conspicuous label appearing on the retail store shelf or
13    bin in which the commodity is displayed for sale.
14        (2) In the case of processed food containing some
15    products of genetic engineering, the manufacturer must
16    label the product, in clear and conspicuous language on the
17    front or back of the package of such food, with the words
18    "Produced with Genetic Engineering" or "Partially Produced
19    with Genetic Engineering".
20    (b) This Act shall not be construed to require either the
21listing or identification of any ingredient or ingredients that
22were genetically engineered, nor that the term "genetically
23engineered" be placed immediately preceding any common name or
24primary product descriptor of a food.
25    (c) Until the effective date of this Act, any processed
26food that would be subject to this Section solely because it



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1includes one or more materials produced by genetic engineering
2is not misbranded provided that the engineered materials in the
3aggregate do not account for more than nine-tenths of one
4percent of the total weight of the processed food.
5    (d) Subsection (a) of this Section does not apply to any of
6the following:
7        (1) food consisting entirely of, or derived entirely
8    from, an animal that has not itself been genetically
9    engineered, regardless of whether the animal has been fed
10    or injected with any food produced with genetic engineering
11    or any drug or vaccine that has been produced through means
12    of genetic engineering;
13        (2) a raw agricultural commodity or food that has been
14    grown, raised, produced, or derived without the knowing and
15    intentional use of genetically engineered seed or food; to
16    be included within the exclusion under this subsection (d),
17    the person responsible for complying with this Section with
18    respect to a raw agricultural commodity or food must
19    obtain, from whoever sold the raw agricultural commodity or
20    food to that person, a sworn statement that the raw
21    agricultural commodity or food (A) has not been knowingly
22    or intentionally genetically engineered and (B) has been
23    segregated from, and has not been knowingly or
24    intentionally commingled with, foods that may have been
25    genetically engineered at any time; in providing the sworn
26    statement, a person may rely on a sworn statement from his



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1    or her own supplier that contains such an affirmation;
2        (3) any processed food that would be subject to this
3    Section solely because one or more processing aids or
4    enzymes were produced or derived with genetic engineering;
5        (4) any alcoholic beverage that is subject to
6    regulation under the Liquor Control Act of 1934;
7        (5) food that has been lawfully certified to be
8    labeled, marketed, and offered for sale as organic pursuant
9    to the federal Organic Foods Production Act of 1990, 7
10    U.S.C. 6501, et seq., and the National Organic Program
11    regulations promulgated pursuant thereto by the United
12    States Department of Agriculture;
13        (6) food that is not packaged for retail sale and that
14    either (A) is a processed food prepared and intended for
15    immediate human consumption or (B) is served, sold, or
16    otherwise provided in any restaurant or other food service
17    establishment that is primarily engaged in the sale of food
18    prepared and intended for immediate human consumption; or
19        (7) medical food.
20    (e) With regard to the requirements of this Act concerning
21raw food, the retailer is responsible only for point of
22purchase shelf labeling. The supplier must label each container
23used for packaging, holding, or transporting, or any
24combination thereof, any raw food produced with genetic
25engineering that is delivered directly to Illinois retailers.



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1    Section 25. Right of action for violations, damages, and
2attorneys' fees.
3    (a) The Department, acting through the Attorney General,
4may bring an action in a court of competent jurisdiction to
5enjoin any person violating this Act.
6    (b) The Department may assess a civil penalty against any
7person violating this Act.
8    (c) Any injured citizen of this State may, after giving
9notice of the alleged violation to the Attorney General and the
10alleged violator and waiting 60 days, bring an action to enjoin
11a violation of this Act by a manufacturer or retailer in any
12court of competent jurisdiction. The court may award to a
13citizen who is a prevailing plaintiff reasonable attorneys'
14fees and costs incurred in investigating and prosecuting the
15action, but the court may not award any monetary damages.
16    (d) For the purposes of this Act, food shall be considered
17not to have been produced with the knowing or intentional use
18of genetic engineering if:
19        (1) the food is lawfully certified to be labeled,
20    marketed, and offered for sale as organic pursuant to the
21    federal Organic Foods Production Act of 1990, 7 U.S.C. 6501
22    et seq., which prohibits genetic engineering; or
23        (2) in the case of a manufacturer or retailer obligated
24    to label any food under this Act, if such entity has
25    obtained from whomever sold the food to them a sworn
26    statement that the food has not been knowingly or



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1    intentionally genetically engineered and has been
2    segregated from, and not knowingly or intentionally
3    commingled with, foods that may have been genetically
4    engineered at any time.
5    (e) With regard to the sworn statement described in item
6(2) of subsection (d) of this Section, a manufacturer or
7retailer may rely on a sworn statement from a supplier that
8contains the affirmation. Alternatively, a manufacturer or
9retailer may rely on an independent organization if it
10determines that the food has not been knowingly or
11intentionally genetically engineered and has been segregated
12from, and not knowingly or intentionally commingled with, foods
13that may have been genetically engineered at any time, if such
14a determination has been made pursuant to a sampling and
15testing procedure:
16        (1) consistent with sampling and testing principles
17    recommended by internationally recognized standards
18    organizations; and
19        (2) that does not rely on testing processed foods in
20    which no DNA is detectable.
21    (f) Unless the retailer is also the producer or the
22manufacturer of the food and sells the food under a brand it
23owns, no act or omission of any retailer shall be deemed a
24violation of this Act, except for knowingly and willfully
25failing to provide point of purchase labeling for unpackaged
26raw agricultural commodities. In any action in which it is



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1alleged that a retailer has violated the provisions of this
2Section, it shall be a defense that such retailer reasonably
3relied on any disclosure as to whether a food was produced
4through genetic engineering contained in the bill of sale or
5invoice provided by the wholesaler or distributor, or a lack of
6such disclosure.
7    (g) No action may be brought against any farmer for any
8violation of any provision of this Act unless the farmer is
9also a retailer or manufacturer, but any farmer submitting a
10false sworn statement under item (2) of subsection (d) of this
11Section shall be subject to the laws of this State pertaining
12to perjury.
13    (h) The Department of Public Health shall adopt and enforce
14rules necessary to implement this Act. The Department of Public
15Health is not authorized to exempt from the requirements of
16this Section any food product that is made subject to those
17requirements by the provisions of this Act. The Department of
18Public Health may by rule provide that a person may be subject
19to an injunction and responsible for the payment of the
20prevailing party's attorneys' fees under this Act for failure
21to label packaged food in accordance with this Act at such time
22as the Department of Public Health determines the commercial
23availability of relevant materials not produced with genetic
25    Section 97. Severability. The provisions of this Act are



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1severable under Section 1.31 of the Statute on Statutes.
2    Section 999. Effective date. This Act takes effect January
31, 2016.".