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| Public Act 101-0129 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Food, Drug and Cosmetic Act is | ||||
amended by changing Section 11 as follows:
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(410 ILCS 620/11) (from Ch. 56 1/2, par. 511)
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Sec. 11.
A food is misbranded: - | ||||
(a) If its labeling is false or misleading
in any | ||||
particular.
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(b) If it is offered for sale under the name of another | ||||
food.
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(c) If it is an imitation of another food other than honey, | ||||
unless its label bears, in
type of uniform size and prominence, | ||||
the word "imitation" and, immediately
thereafter, the name of | ||||
the food imitated.
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(d) If its container is so made, formed or filled as to be | ||||
misleading.
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(e) If in package form, unless it bears a label containing | ||||
(1) the name
and place of business of the manufacturer, packer | ||||
or distributor; and (2) an
accurate statement of the quantity | ||||
of the contents in terms of weight,
measure or numerical count. | ||||
However, under paragraph (2) of
this subsection
reasonable | ||||
variations shall be permitted and exemptions as to small
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packages which shall be established by regulations prescribed | ||
by the
Director.
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(f) If any word, statement or other information required by | ||
or under
authority of this Act to appear on the label or | ||
labeling is not prominently
placed thereon with such | ||
conspicuousness (as compared with other words,
statements, | ||
designs or devices, in the labeling) and in such terms as to
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render it likely to be read and understood by the ordinary | ||
individual under
customary conditions of purchase and use.
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(g) If it purports to be or is represented as a food for | ||
which a
definition and standard of identity has been prescribed | ||
by regulations as
provided by Section 9, unless (1) it conforms | ||
to such definition and
standard, and (2) its label bears the | ||
name of the food specified in the
definition and standard and, | ||
in so far as may be required by such
regulations, the common | ||
names of optional ingredients (other than spices,
flavoring and | ||
coloring) present in such food.
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(h) If it purports to be or is represented as:
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(1) a food for which a standard of quantity has been | ||
prescribed by
regulations as provided by Section 9 and its | ||
quantity falls below such
standard unless its label bears, in | ||
such manner and form as such
regulations specify, a statement | ||
that it falls below such standard; or
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(2) a food for which a standard or standards of fill of | ||
container have
been prescribed by regulation as provided by | ||
Section 9 and it falls below
the standard of fill of container | ||
applicable thereto, unless its label
bears, in such manner and | ||
form as such regulations specify, a statement
that it falls | ||
below such standard.
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(i) If it is not subject to subsection (g) of this Section, | ||
unless it
bears labeling clearly giving (1) the common or usual | ||
name of the food, if
any there be, and (2) in case it is | ||
fabricated from 2 or more ingredients,
the common or usual name | ||
of each such ingredient; except that spices,
flavorings and | ||
colorings, other than those sold as such, may be designated
as | ||
spices, flavorings and colorings, without naming each. | ||
However, to the
extent that compliance with the requirements of | ||
paragraph (2) of this
subsection is impractical or results in | ||
deception or unfair competition,
exemptions shall be | ||
established by regulations promulgated by the Director.
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(j) If it purports to be or is represented for special | ||
dietary uses,
unless its label bears such information | ||
concerning its vitamin, mineral and
other dietary properties as | ||
the Director determines to be, and by
regulations prescribes as | ||
necessary in order to fully inform purchasers as
to its value | ||
for such uses.
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(k) If it bears or contains any artificial flavoring, | ||
artificial
coloring or chemical preservative, unless it bears | ||
labeling stating that
fact. However, to the extent that | ||
compliance with the requirements of this
paragraph is | ||
impracticable, exemptions shall be established by regulations
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promulgated by the Director. This subsection and
subsections | ||
(g) and (i) with
respect to artificial coloring do not apply to | ||
butter, cheese or ice cream.
This subsection with respect to | ||
chemical preservatives
does not apply to a
pesticide chemical | ||
when used in or on a raw agricultural commodity which is
the | ||
produce of the soil.
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(l) If it is a raw agricultural commodity for direct human | ||
consumption
which is the produce of the
soil, bearing or | ||
containing a pesticide chemical applied after harvest,
unless | ||
the shipping container of such commodity bears labeling which
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declares the presence of such chemical in or on such commodity | ||
and the
common usual name and the function of such chemical; | ||
provided, however,
that no such declaration shall be required | ||
while such commodity, having
been removed from the shipping | ||
container, is being held or displayed for
sale at retail out of | ||
such container in accordance with the custom of the trade.
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(m) If it is a product intended as an ingredient of another | ||
food and
when used according to the directions of the purveyor | ||
will result in the
final food product being adulterated or | ||
misbranded.
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(n) If it is a color additive unless its packaging and | ||
labeling are in
conformity with such packaging and labeling | ||
requirements applicable to such
color additive prescribed | ||
under Section 706 of the Federal Act.
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(o) If a meat or meat food product or poultry or poultry | ||
food product
has been frozen prior to sale unless when offered | ||
for sale, the package,
container or wrapping bears, in type of | ||
uniform size and prominence, the
words "previously frozen" so | ||
as to be readable and understood by the
general public except | ||
that this subsection does not apply to products
mentioned | ||
herein which are precooked and packaged in hermetically sealed
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containers.
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(p) If its labeling includes the word "honey" or the term
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"imitation honey" and the product is not pure honey | ||
manufactured by honeybees.
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(q) If it contains saccharin, unless its label and labeling | ||
and retail
display comply with the requirements of Sections | ||
403(o) and 403(p) of the Federal Act.
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(r) If it contains saccharin and is offered for sale, but | ||
not for immediate
consumption, at a retail establishment, | ||
unless such retail establishment
displays prominently, where | ||
such food is held for sale, notice (provided
by the | ||
manufacturer of such food pursuant to the Federal Act) for | ||
consumers
respecting the information required by subsection | ||
(q) to be on food labels
and labeling.
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(s) If it contains sesame, is offered for sale in package | ||
form but not for immediate consumption, and the label does not | ||
include sesame. | ||
(Source: P.A. 84-891.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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