Full Text of HB2123 101st General Assembly
HB2123enr 101ST GENERAL ASSEMBLY |
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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 5. The Illinois Food, Drug and Cosmetic Act is | 5 | | amended by changing Section 11 as follows:
| 6 | | (410 ILCS 620/11) (from Ch. 56 1/2, par. 511)
| 7 | | Sec. 11.
A food is misbranded : - | 8 | | (a) If its labeling is false or misleading
in any | 9 | | particular.
| 10 | | (b) If it is offered for sale under the name of another | 11 | | food.
| 12 | | (c) If it is an imitation of another food other than honey, | 13 | | unless its label bears, in
type of uniform size and prominence, | 14 | | the word "imitation" and, immediately
thereafter, the name of | 15 | | the food imitated.
| 16 | | (d) If its container is so made, formed or filled as to be | 17 | | misleading.
| 18 | | (e) If in package form, unless it bears a label containing | 19 | | (1) the name
and place of business of the manufacturer, packer | 20 | | or distributor; and (2) an
accurate statement of the quantity | 21 | | of the contents in terms of weight,
measure or numerical count. | 22 | | However, under paragraph (2) of
this subsection
reasonable | 23 | | variations shall be permitted and exemptions as to small
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| 1 | | packages which shall be established by regulations prescribed | 2 | | by the
Director.
| 3 | | (f) If any word, statement or other information required by | 4 | | or under
authority of this Act to appear on the label or | 5 | | labeling is not prominently
placed thereon with such | 6 | | conspicuousness (as compared with other words,
statements, | 7 | | designs or devices, in the labeling) and in such terms as to
| 8 | | render it likely to be read and understood by the ordinary | 9 | | individual under
customary conditions of purchase and use.
| 10 | | (g) If it purports to be or is represented as a food for | 11 | | which a
definition and standard of identity has been prescribed | 12 | | by regulations as
provided by Section 9, unless (1) it conforms | 13 | | to such definition and
standard, and (2) its label bears the | 14 | | name of the food specified in the
definition and standard and, | 15 | | in so far as may be required by such
regulations, the common | 16 | | names of optional ingredients (other than spices,
flavoring and | 17 | | coloring) present in such food.
| 18 | | (h) If it purports to be or is represented as:
| 19 | | (1) a food for which a standard of quantity has been | 20 | | prescribed by
regulations as provided by Section 9 and its | 21 | | quantity falls below such
standard unless its label bears, in | 22 | | such manner and form as such
regulations specify, a statement | 23 | | that it falls below such standard; or
| 24 | | (2) a food for which a standard or standards of fill of | 25 | | container have
been prescribed by regulation as provided by | 26 | | Section 9 and it falls below
the standard of fill of container |
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| 1 | | applicable thereto, unless its label
bears, in such manner and | 2 | | form as such regulations specify, a statement
that it falls | 3 | | below such standard.
| 4 | | (i) If it is not subject to subsection (g) of this Section, | 5 | | unless it
bears labeling clearly giving (1) the common or usual | 6 | | name of the food, if
any there be, and (2) in case it is | 7 | | fabricated from 2 or more ingredients,
the common or usual name | 8 | | of each such ingredient; except that spices,
flavorings and | 9 | | colorings, other than those sold as such, may be designated
as | 10 | | spices, flavorings and colorings, without naming each. | 11 | | However, to the
extent that compliance with the requirements of | 12 | | paragraph (2) of this
subsection is impractical or results in | 13 | | deception or unfair competition,
exemptions shall be | 14 | | established by regulations promulgated by the Director.
| 15 | | (j) If it purports to be or is represented for special | 16 | | dietary uses,
unless its label bears such information | 17 | | concerning its vitamin, mineral and
other dietary properties as | 18 | | the Director determines to be, and by
regulations prescribes as | 19 | | necessary in order to fully inform purchasers as
to its value | 20 | | for such uses.
| 21 | | (k) If it bears or contains any artificial flavoring, | 22 | | artificial
coloring or chemical preservative, unless it bears | 23 | | labeling stating that
fact. However, to the extent that | 24 | | compliance with the requirements of this
paragraph is | 25 | | impracticable, exemptions shall be established by regulations
| 26 | | promulgated by the Director. This subsection and
subsections |
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| 1 | | (g) and (i) with
respect to artificial coloring do not apply to | 2 | | butter, cheese or ice cream.
This subsection with respect to | 3 | | chemical preservatives
does not apply to a
pesticide chemical | 4 | | when used in or on a raw agricultural commodity which is
the | 5 | | produce of the soil.
| 6 | | (l) If it is a raw agricultural commodity for direct human | 7 | | consumption
which is the produce of the
soil, bearing or | 8 | | containing a pesticide chemical applied after harvest,
unless | 9 | | the shipping container of such commodity bears labeling which
| 10 | | declares the presence of such chemical in or on such commodity | 11 | | and the
common usual name and the function of such chemical; | 12 | | provided, however,
that no such declaration shall be required | 13 | | while such commodity, having
been removed from the shipping | 14 | | container, is being held or displayed for
sale at retail out of | 15 | | such container in accordance with the custom of the trade.
| 16 | | (m) If it is a product intended as an ingredient of another | 17 | | food and
when used according to the directions of the purveyor | 18 | | will result in the
final food product being adulterated or | 19 | | misbranded.
| 20 | | (n) If it is a color additive unless its packaging and | 21 | | labeling are in
conformity with such packaging and labeling | 22 | | requirements applicable to such
color additive prescribed | 23 | | under Section 706 of the Federal Act.
| 24 | | (o) If a meat or meat food product or poultry or poultry | 25 | | food product
has been frozen prior to sale unless when offered | 26 | | for sale, the package,
container or wrapping bears, in type of |
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| 1 | | uniform size and prominence, the
words "previously frozen" so | 2 | | as to be readable and understood by the
general public except | 3 | | that this subsection does not apply to products
mentioned | 4 | | herein which are precooked and packaged in hermetically sealed
| 5 | | containers.
| 6 | | (p) If its labeling includes the word "honey" or the term
| 7 | | "imitation honey" and the product is not pure honey | 8 | | manufactured by honeybees.
| 9 | | (q) If it contains saccharin, unless its label and labeling | 10 | | and retail
display comply with the requirements of Sections | 11 | | 403(o) and 403(p) of the Federal Act.
| 12 | | (r) If it contains saccharin and is offered for sale, but | 13 | | not for immediate
consumption, at a retail establishment, | 14 | | unless such retail establishment
displays prominently, where | 15 | | such food is held for sale, notice (provided
by the | 16 | | manufacturer of such food pursuant to the Federal Act) for | 17 | | consumers
respecting the information required by subsection | 18 | | (q) to be on food labels
and labeling.
| 19 | | (s) If it contains sesame, is offered for sale in package | 20 | | form but not for immediate consumption, and the label does not | 21 | | include sesame. | 22 | | (Source: P.A. 84-891.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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