Bill Amendment: IL HB0133 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: FOOD LABELING-SEAFOOD

Status: 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB0133 Detail]

Download: Illinois-2015-HB0133-House_Amendment_001.html

---

Rep. Andr� M. Thapedi

Filed: 2/18/2015

09900HB0133ham001 LRB099 03488 JLK 31036 a
AMENDMENT TO HOUSE BILL 133
AMENDMENT NO. ______. Amend House Bill 133 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Food, Drug and Cosmetic Act is
amended by adding Section 12.2 as follows:
(410 ILCS 620/12.2 new)
Sec. 12.2. Labeling; seafood.
(a) In this Section:
"Farm raised" means harvested in controlled
environments, whether ocean-ranched or penned, and
including harvested from leased beds that have been
subjected to production enhancements, such as providing
protection from predators, the addition of artificial
structures, or providing nutrients.
"Farm raised fish or shellfish" includes fillets,
steaks, nuggets, and any other flesh from farm raised fish

09900HB0133ham001 - 2 - LRB099 03488 JLK 31036 a
or shellfish.
"Market name" means the market name for any seafood
species identified in the Seafood List issued by the
federal Food and Drug Administration.
"Wild caught" means naturally born or
hatchery-originated and released in the wild, and caught,
taken, or harvested from non-controlled waters or beds.
"Wild caught fish or shellfish" includes fillets,
steaks, nuggets, and any other flesh from a wild caught
fish or wild caught shellfish.
(b) Any label of fresh or frozen fish or shellfish, wild
caught or farm raised, offered for sale at wholesale or retail
shall clearly identify all of the following information:
(1) The species of fish or shellfish by its market
name.
(2) Whether the fish or shellfish was farm raised or
wild caught.
(3) Whether the fish or shellfish was caught
domestically or imported.
(4) The country of origin of the fish or shellfish.
(c) It shall constitute misbranding for any person to
knowingly sell or offer for sale any fish or shellfish that is
labeled in violation of subsection (b) of this Section. For the
purposes of this subsection (c), knowledge shall be presumed if
the person fails to provide sufficient product documentation
that demonstrates the fish or shellfish was labeled in

09900HB0133ham001 - 3 - LRB099 03488 JLK 31036 a
violation of subsection (b) of this Section when the person
received the fish or shellfish. The presumption established
under this subsection (c) is a presumption affecting the burden
of proof.
(d) A retail food facility that sells or offers for sale
any fresh or frozen fish or shellfish, wild caught or farm
raised, shall identify and label the species of fish or
shellfish by its market name for the consumer at the point of
sale, so that the consumer can make an informed purchase
decision. It is unlawful for a retail food facility to
knowingly misidentify or misbrand the species of fish or
shellfish in violation of this subsection (d).
(e) A retail food facility that sells or offers for sale
any fresh or frozen fish or shellfish, wild caught or farm
raised, may not knowingly misidentify or misbrand either of the
following:
(1) The country of origin of the fish or shellfish.
(2) Whether the fish or shellfish was farm raised or
wild caught.
For the purposes of this subsection (e), knowledge shall be
presumed if the retail food facility fails to provide
sufficient product documentation that demonstrates the fish or
shellfish was identified and labeled in violation of this
Section when the retail food facility received the fish or
shellfish. The presumption established by this subsection (e)
is a presumption affecting the burden of proof.

09900HB0133ham001 - 4 - LRB099 03488 JLK 31036 a
(f) A violation of this Section shall be punishable by a
fine to be determined by rule by the Department of Public
Health.
(g) This Section shall become operative 18 months after the
effective date of this amendatory Act of the 99th General
Assembly.".