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92_SB0213sam002 SRS92SB0213SFcpam01 1 AMENDMENT TO SENATE BILL 213 2 AMENDMENT NO. . Amend Senate Bill 213, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Illinois Commercial Feed Act of 1961 is 6 amended by changing Sections 3 and 7, and by adding Sections 7 6.5 and 9.5 as follows: 8 (505 ILCS 30/3) (from Ch. 56 1/2, par. 66.3) 9 Sec. 3. Definitions of words and terms. When used in this 10 Act unless the context otherwise requires: 11 (a) The term "person" means any individual, partnership, 12 corporation and association. 13 (b) The term "distribute" means to offer for sale, sell, 14 exchange, give away or barter commercial feed or to supply, 15 furnish or otherwise provide commercial feed to a contract 16 feeder. 17 (c) The term "distributor" means any person who 18 distributes. 19 (d) The term "commercial feed" means all materials, 20 including customer formula feeds, which are distributed for 21 use as feed, or labeled with a guaranteed analysis for use as 22 feed, or for mixing in feed for birds or animals other than -2- SRS92SB0213SFcpam01 1 man except: 2 (1) Whole unmixed seed or grain or physically 3 altered entire unmixed seed or grain, providing such seed 4 or grain is not adulterated within the meaning of Section 5 7 of this Act. 6 (2) Unground hay, straw, stover, silage, cobs, 7 husks and hulls when not mixed with other materials and 8 not adulterated within the meaning of Section 7 of this 9 Act. 10 (3) Individual chemical compounds when not mixed 11 with other materials and not adulterated within the 12 meaning of Section 7 of this Act. 13 (e) The term "feed ingredient" means each of the 14 constituent materials making up a commercial feed. 15 (f) The term "mineral feed" means a commercial feed 16 intended to supply primarily mineral elements or inorganic 17 nutrients. 18 (g) The term "drug" means any article intended for use 19 in the diagnosis, cure, mitigation, treatment, or prevention 20 of disease in animals other than man and articles other than 21 feed intended to affect the structure or any function of the 22 animal's body. 23 (h) The term "customer-formula feed" means commercial 24 feed which consists of a mixture of commercial feeds and/or 25 feed ingredients each batch of which mixture is mixed 26 according to the specific instructions of the final 27 purchaser. 28 (i) The term "manufacture" means to grind, mix or blend 29 or further process a commercial feed for distribution. 30 (j) The term "brand name" means any word, name, symbol, 31 device, or any combination thereof, identifying the 32 commercial feed of a distributor or manufacturer and 33 distinguishing it from that of others. 34 (k) The term "product name" means the name of the -3- SRS92SB0213SFcpam01 1 commercial feed which identifies it as to kind, class, or 2 specific use. 3 (l) The term "label" means a display of written, printed 4 or graphic matter upon or affixed to the container in which a 5 commercial feed is distributed, or on the invoice or delivery 6 slip with which a commercial feed or customer-formula feed is 7 distributed. 8 (m) The term "ton" means a net weight of 2000 pounds 9 avoirdupois. 10 (n) The term "per cent" or "percentage" means percentage 11 by weight. 12 (o) The term "official sample" means any sample of feed 13 taken by the Director or his agent and designated as 14 "official" by the Director or his agent. 15 (p) The term "contract feeder" means a person who, as an 16 independent contractor, feeds commercial feed to animals 17 pursuant to a contract whereby such commercial feed is 18 supplied, furnished or otherwise provided to such person and 19 whereby such person's remuneration is determined all or in 20 part by feed consumption, mortality, profits or amount or 21 quality of product. 22 (q) The term "seed" means agricultural, grass, vegetable 23 or other seeds as determined by the Department. 24 (r) The term "grain" means corn, wheat, rye, oats, 25 barley, flaxseed, sorghum, soybeans, mixed grain, and any 26 other food grains, feed grains, and oilseeds for which 27 standards are established under the United States Grain 28 Standards Act. 29 (s) The term "pet food" means any commercial feed 30 prepared and distributed for consumption by dogs and cats. 31 (t) The term "specialty pet food" means any commercial 32 feed prepared and distributed for consumption by specialty 33 pets. 34 (u) The term "specialty pet" means any animal normally -4- SRS92SB0213SFcpam01 1 maintained in confinement, including but not limited to, 2 gerbils, hamsters, birds, fish, snakes, turtles, and zoo 3 animals. 4 (v) The term "animal" means any living creature, 5 domestic or wild, but does not include man. 6 (w) The term "Department" means the Department of 7 Agriculture of the State of Illinois. 8 (x) The term "Director" means the Director of the 9 Department of Agriculture of the State of Illinois or duly 10 authorized representative. 11 (y) The term "ruminant" includes any member of the order 12 of animals that has a stomach with 4 chambers (rumen, 13 reticulum, omasum, and abomasum) through which feed passes in 14 digestion. The order includes, but is not limited to, 15 cattle, buffalo, sheep, goats, deer, elk, and antelopes. 16 (z) The term "protein derived from mammalian tissues" 17 means any protein-containing portion of mammalian animals, 18 excluding: blood and blood products; gelatin; inspected meat 19 products that have been cooked and offered for human food and 20 further heat processed for feed (such as plate waste and used 21 cellulosic food casings); milk products (milk and milk 22 proteins); and any product whose only mammalian protein 23 consists entirely of porcine or equine protein. 24 (aa) The term "nonmammalian protein" includes proteins 25 from nonmammalian animals and plants. 26 (Source: P.A. 87-664.) 27 (505 ILCS 30/6.5 new) 28 Sec. 6.5. Record keeping requirements for certain 29 manufacturers and distributors. Manufacturers and 30 distributors that are subject to this Act and manufacture, 31 blend, or distribute products that contain or may contain 32 protein derived from mammalian tissues and that are intended 33 for use in animal feed must maintain records sufficient to -5- SRS92SB0213SFcpam01 1 track these materials throughout their receipt, processing, 2 and distribution and, upon request, must make these records 3 available for inspection and copying by the Department. The 4 Department must adopt any rules necessary to implement the 5 requirements of this Section. 6 (505 ILCS 30/7) (from Ch. 56 1/2, par. 66.7) 7 Sec. 7. Adulteration. A commercial feed is adulterated: 8 (a) If it bears or contains any poisonous or deleterious 9 substance which may render it injurious to health; but in 10 case the substance is not an added substance, the commercial 11 feed shall not be considered adulterated if the quantity of 12 the substance in such commercial feed does not ordinarily 13 render it injurious to health. 14 (b) If it bears or contains any poisonous, deleterious 15 or non-nutritive ingredient that has been added in sufficient 16 amount to render it unsafe within the meaning of Section 406 17 of the Federal Food, Drug and Cosmetic Act, other than one 18 which is a pesticide chemical in or on a raw agricultural 19 commodity or a food additive. 20 (c) If it is, bears or contains any food additive which 21 is unsafe within the meaning of Section 409 of the Federal 22 Food, Drug and Cosmetic Act. 23 (d) If it is a raw agricultural commodity and it bears 24 or contains a pesticide chemical which is unsafe within the 25 meaning of Section 408 of the Federal Food, Drug and Cosmetic 26 Act, provided, that where a pesticide chemical has been used 27 in or on a raw agricultural commodity in conformity with an 28 exemption granted or a tolerance prescribed under Section 408 29 of the Federal Food, Drug and Cosmetic Act and the raw 30 agricultural commodity has been subjected to processing, such 31 as, canning, cooking, freezing, dehydrating or milling, the 32 residue of the pesticide chemical remaining in or on the 33 processed feed shall not be deemed unsafe if such residue in -6- SRS92SB0213SFcpam01 1 or on the raw agricultural commodity has been removed to the 2 extent possible by good manufacturing practices as adopted 3 and the concentration of the residue in the processed feed is 4 not greater than the tolerance prescribed for the raw 5 agricultural commodity, unless the feeding of the processed 6 feed will result or is likely to result in a pesticide 7 residue in the edible product of the animal, which is unsafe 8 within the meaning of Section 408 of the Federal Food, Drug 9 and Cosmetic Act. 10 (e) If it is, bears or contains any color additive which 11 is unsafe within the meaning of Section 706 of the Federal 12 Food, Drug and Cosmetic Act. 13 (f) If it contains a drug and the methods used in, or 14 the facilities or controls used for, its manufacture, 15 processing, or packaging do not conform to current good 16 manufacturing practice regulations promulgated by the 17 Director to assure that the drug meets the requirements of 18 this Act as to safety and has the identity and strength and 19 meets the quality and purity characteristics which it 20 purports or is represented to possess. In promulgating these 21 regulations, the Director shall adopt the current good 22 manufacturing practice regulations for Type A medicated 23 articles and Type B and Type C medicated feeds established 24 under authority of the Federal Food, Drug, and Cosmetic Act, 25 unless he determines that they are not appropriate to the 26 conditions which exist in this State. 27 (g) If any valuable constituent has been in whole or in 28 part omitted or abstracted therefrom or any less valuable 29 substance substituted therefor. 30 (h) If its composition or quality falls below or differs 31 from that which it is purported or is represented to possess 32 by its labeling. 33 (i) If it contains weed seeds in amounts exceeding the 34 limits established by regulation. -7- SRS92SB0213SFcpam01 1 (j) If it contains protein derived from mammalian 2 tissues and is used or intended to be used in ruminant feed 3 or contains other material known to cause or be associated 4 with bovine spongiform encephalopathy or a transmissible 5 spongiform encephalopathy. 6 (Source: P.A. 87-664.) 7 (505 ILCS 30/9.5 new) 8 Sec. 9.5. Inspection of licensees. Every 90 days, the 9 Department must inspect each facility of persons subject to 10 licensure under Section 4 of this Act and that manufactures 11 or distributes commercial feed containing protein derived 12 from mammalian tissues. At each 90-day inspection, the 13 Department must specifically inspect for the presence or 14 absence of commercial feed mixed with or containing protein 15 derived from mammalian tissues. At each inspection, the 16 Department may inspect for any other violation of this Act or 17 its rules. 18 A facility otherwise subject to the requirements of the 19 Act is exempt from the inspection requirements of this 20 Section if it annually submits to the Department an 21 affidavit, signed by its owner or chief operating officer, 22 stating under oath that the facility does not handle, mix, 23 process, blend, or distribute feed or feed ingredients 24 containing protein derived from mammalian tissues. If at any 25 time after submitting this affidavit a facility handles, 26 mixes, processes, blends, or distributes feed or feed 27 ingredients containing protein derived from mammalian 28 tissues, that facility must within 7 days notify the 29 Department, which shall begin the 90-day inspections under 30 this Section as to this facility. 31 Unless authorized by law, the 90-day inspection 32 requirements imposed by this Section shall terminate 3 years 33 after the effective date of this amendatory Act of the 92nd -8- SRS92SB0213SFcpam01 1 General Assembly. 2 The Department must adopt any rules necessary to 3 implement the requirements of this Section. 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.".