[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ House Amendment 002 ] |
| [ House Amendment 003 ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
92_SB0213eng SB213 Engrossed LRB9206481TAtm 1 AN ACT concerning agriculture. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Commercial Feed Act of 1961 is 5 amended by changing Sections 3 and 7, and by adding Sections 6 6.5 and 9.5 as follows: 7 (505 ILCS 30/3) (from Ch. 56 1/2, par. 66.3) 8 Sec. 3. Definitions of words and terms. When used in this 9 Act unless the context otherwise requires: 10 (a) The term "person" means any individual, partnership, 11 corporation and association. 12 (b) The term "distribute" means to offer for sale, sell, 13 exchange, give away or barter commercial feed or to supply, 14 furnish or otherwise provide commercial feed to a contract 15 feeder. 16 (c) The term "distributor" means any person who 17 distributes. 18 (d) The term "commercial feed" means all materials, 19 including customer formula feeds, which are distributed for 20 use as feed, or labeled with a guaranteed analysis for use as 21 feed, or for mixing in feed for birds or animals other than 22 man except: 23 (1) Whole unmixed seed or grain or physically 24 altered entire unmixed seed or grain, providing such seed 25 or grain is not adulterated within the meaning of Section 26 7 of this Act. 27 (2) Unground hay, straw, stover, silage, cobs, 28 husks and hulls when not mixed with other materials and 29 not adulterated within the meaning of Section 7 of this 30 Act. 31 (3) Individual chemical compounds when not mixed SB213 Engrossed -2- LRB9206481TAtm 1 with other materials and not adulterated within the 2 meaning of Section 7 of this Act. 3 (e) The term "feed ingredient" means each of the 4 constituent materials making up a commercial feed. 5 (f) The term "mineral feed" means a commercial feed 6 intended to supply primarily mineral elements or inorganic 7 nutrients. 8 (g) The term "drug" means any article intended for use 9 in the diagnosis, cure, mitigation, treatment, or prevention 10 of disease in animals other than man and articles other than 11 feed intended to affect the structure or any function of the 12 animal's body. 13 (h) The term "customer-formula feed" means commercial 14 feed which consists of a mixture of commercial feeds and/or 15 feed ingredients each batch of which mixture is mixed 16 according to the specific instructions of the final 17 purchaser. 18 (i) The term "manufacture" means to grind, mix or blend 19 or further process a commercial feed for distribution. 20 (j) The term "brand name" means any word, name, symbol, 21 device, or any combination thereof, identifying the 22 commercial feed of a distributor or manufacturer and 23 distinguishing it from that of others. 24 (k) The term "product name" means the name of the 25 commercial feed which identifies it as to kind, class, or 26 specific use. 27 (l) The term "label" means a display of written, printed 28 or graphic matter upon or affixed to the container in which a 29 commercial feed is distributed, or on the invoice or delivery 30 slip with which a commercial feed or customer-formula feed is 31 distributed. 32 (m) The term "ton" means a net weight of 2000 pounds 33 avoirdupois. 34 (n) The term "per cent" or "percentage" means percentage SB213 Engrossed -3- LRB9206481TAtm 1 by weight. 2 (o) The term "official sample" means any sample of feed 3 taken by the Director or his agent and designated as 4 "official" by the Director or his agent. 5 (p) The term "contract feeder" means a person who, as an 6 independent contractor, feeds commercial feed to animals 7 pursuant to a contract whereby such commercial feed is 8 supplied, furnished or otherwise provided to such person and 9 whereby such person's remuneration is determined all or in 10 part by feed consumption, mortality, profits or amount or 11 quality of product. 12 (q) The term "seed" means agricultural, grass, vegetable 13 or other seeds as determined by the Department. 14 (r) The term "grain" means corn, wheat, rye, oats, 15 barley, flaxseed, sorghum, soybeans, mixed grain, and any 16 other food grains, feed grains, and oilseeds for which 17 standards are established under the United States Grain 18 Standards Act. 19 (s) The term "pet food" means any commercial feed 20 prepared and distributed for consumption by dogs and cats. 21 (t) The term "specialty pet food" means any commercial 22 feed prepared and distributed for consumption by specialty 23 pets. 24 (u) The term "specialty pet" means any animal normally 25 maintained in confinement, including but not limited to, 26 gerbils, hamsters, birds, fish, snakes, turtles, and zoo 27 animals. 28 (v) The term "animal" means any living creature, 29 domestic or wild, but does not include man. 30 (w) The term "Department" means the Department of 31 Agriculture of the State of Illinois. 32 (x) The term "Director" means the Director of the 33 Department of Agriculture of the State of Illinois or duly 34 authorized representative. SB213 Engrossed -4- LRB9206481TAtm 1 (y) The term "ruminant" includes any member of the order 2 of animals that has a stomach with 4 chambers (rumen, 3 reticulum, omasum, and abomasum) through which feed passes in 4 digestion. The order includes, but is not limited to, 5 cattle, buffalo, sheep, goats, deer, elk, and antelopes. 6 (z) The term "protein derived from mammalian tissues" 7 means any protein-containing portion of mammalian animals, 8 excluding: blood and blood products; gelatin; inspected meat 9 products that have been cooked and offered for human food and 10 further heat processed for feed (such as plate waste and used 11 cellulosic food casings); milk products (milk and milk 12 proteins); and any product whose only mammalian protein 13 consists entirely of porcine or equine protein. 14 (aa) The term "nonmammalian protein" includes proteins 15 from nonmammalian animals and plants. 16 (Source: P.A. 87-664.) 17 (505 ILCS 30/6.5 new) 18 Sec. 6.5. Record keeping requirements for certain 19 manufacturers and distributors. Manufacturers and 20 distributors that are subject to this Act and manufacture, 21 blend, or distribute products that contain or may contain 22 protein derived from mammalian tissues and that are intended 23 for use in animal feed must maintain records sufficient to 24 track these materials throughout their receipt, processing, 25 and distribution and, upon request, must make these records 26 available for inspection and copying by the Department. The 27 Department must adopt any rules necessary to implement the 28 requirements of this Section. 29 (505 ILCS 30/7) (from Ch. 56 1/2, par. 66.7) 30 Sec. 7. Adulteration. A commercial feed is adulterated: 31 (a) If it bears or contains any poisonous or deleterious 32 substance which may render it injurious to health; but in SB213 Engrossed -5- LRB9206481TAtm 1 case the substance is not an added substance, the commercial 2 feed shall not be considered adulterated if the quantity of 3 the substance in such commercial feed does not ordinarily 4 render it injurious to health. 5 (b) If it bears or contains any poisonous, deleterious 6 or non-nutritive ingredient that has been added in sufficient 7 amount to render it unsafe within the meaning of Section 406 8 of the Federal Food, Drug and Cosmetic Act, other than one 9 which is a pesticide chemical in or on a raw agricultural 10 commodity or a food additive. 11 (c) If it is, bears or contains any food additive which 12 is unsafe within the meaning of Section 409 of the Federal 13 Food, Drug and Cosmetic Act. 14 (d) If it is a raw agricultural commodity and it bears 15 or contains a pesticide chemical which is unsafe within the 16 meaning of Section 408 of the Federal Food, Drug and Cosmetic 17 Act, provided, that where a pesticide chemical has been used 18 in or on a raw agricultural commodity in conformity with an 19 exemption granted or a tolerance prescribed under Section 408 20 of the Federal Food, Drug and Cosmetic Act and the raw 21 agricultural commodity has been subjected to processing, such 22 as, canning, cooking, freezing, dehydrating or milling, the 23 residue of the pesticide chemical remaining in or on the 24 processed feed shall not be deemed unsafe if such residue in 25 or on the raw agricultural commodity has been removed to the 26 extent possible by good manufacturing practices as adopted 27 and the concentration of the residue in the processed feed is 28 not greater than the tolerance prescribed for the raw 29 agricultural commodity, unless the feeding of the processed 30 feed will result or is likely to result in a pesticide 31 residue in the edible product of the animal, which is unsafe 32 within the meaning of Section 408 of the Federal Food, Drug 33 and Cosmetic Act. 34 (e) If it is, bears or contains any color additive which SB213 Engrossed -6- LRB9206481TAtm 1 is unsafe within the meaning of Section 706 of the Federal 2 Food, Drug and Cosmetic Act. 3 (f) If it contains a drug and the methods used in, or 4 the facilities or controls used for, its manufacture, 5 processing, or packaging do not conform to current good 6 manufacturing practice regulations promulgated by the 7 Director to assure that the drug meets the requirements of 8 this Act as to safety and has the identity and strength and 9 meets the quality and purity characteristics which it 10 purports or is represented to possess. In promulgating these 11 regulations, the Director shall adopt the current good 12 manufacturing practice regulations for Type A medicated 13 articles and Type B and Type C medicated feeds established 14 under authority of the Federal Food, Drug, and Cosmetic Act, 15 unless he determines that they are not appropriate to the 16 conditions which exist in this State. 17 (g) If any valuable constituent has been in whole or in 18 part omitted or abstracted therefrom or any less valuable 19 substance substituted therefor. 20 (h) If its composition or quality falls below or differs 21 from that which it is purported or is represented to possess 22 by its labeling. 23 (i) If it contains weed seeds in amounts exceeding the 24 limits established by regulation. 25 (j) If it contains protein derived from mammalian 26 tissues and is used or intended to be used in ruminant feed 27 or contains other material known to cause or be associated 28 with bovine spongiform encephalopathy or a transmissible 29 spongiform encephalopathy. 30 (Source: P.A. 87-664.) 31 (505 ILCS 30/9.5 new) 32 Sec. 9.5. Inspection of licensees. Every 90 days, the 33 Department must inspect each facility of persons subject to SB213 Engrossed -7- LRB9206481TAtm 1 licensure under Section 4 of this Act and that manufactures 2 or distributes commercial feed containing protein derived 3 from mammalian tissues. At each 90-day inspection, the 4 Department must specifically inspect for the presence or 5 absence of commercial feed mixed with or containing protein 6 derived from mammalian tissues. At each inspection, the 7 Department may inspect for any other violation of this Act or 8 its rules. 9 A facility otherwise subject to the requirements of the 10 Act is exempt from the inspection requirements of this 11 Section if it annually submits to the Department an 12 affidavit, signed by its owner or chief operating officer, 13 stating under oath that the facility does not handle, mix, 14 process, blend, or distribute feed or feed ingredients 15 containing protein derived from mammalian tissues. If at any 16 time after submitting this affidavit a facility handles, 17 mixes, processes, blends, or distributes feed or feed 18 ingredients containing protein derived from mammalian 19 tissues, that facility must within 7 days notify the 20 Department, which shall begin the 90-day inspections under 21 this Section as to this facility. 22 Unless authorized by law, the 90-day inspection 23 requirements imposed by this Section shall terminate 3 years 24 after the effective date of this amendatory Act of the 92nd 25 General Assembly. 26 The Department must adopt any rules necessary to 27 implement the requirements of this Section. 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.