Bill Text: IL HB0133 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the Illinois Food, Drug and Cosmetic Act. Provides that any label of fresh, frozen, or processed fish or shellfish, wild or farm raised, offered for sale at wholesale or retail shall clearly identify (1) the species of fish or shellfish by its common name, (2) whether the fish or shellfish was farm raised or wild caught, and (3) whether the fish or shellfish was caught domestically or imported. Provides that a retail food facility that sells or offers for sale any fresh, frozen, or processed fish or shellfish, wild or farm raised, may not knowingly misidentify or misbrand (1) the country of origin of the fish or shellfish or (2) whether the fish or shellfish was farm raised or wild caught. Sets forth provisions concerning misbranding and the presumption of knowledge.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB0133 Detail]
Download: Illinois-2015-HB0133-Engrossed.html
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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Food, Drug and Cosmetic Act is | ||||||
5 | amended by adding Section 12.2 as follows:
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6 | (410 ILCS 620/12.2 new) | ||||||
7 | Sec. 12.2. Labeling; seafood. | ||||||
8 | (a) In this Section: | ||||||
9 | "Farm raised" means harvested in controlled | ||||||
10 | environments, whether ocean-ranched or penned, and | ||||||
11 | including harvested from leased beds that have been | ||||||
12 | subjected to production enhancements, such as providing | ||||||
13 | protection from predators, the addition of artificial | ||||||
14 | structures, or providing nutrients. | ||||||
15 | "Farm raised fish or shellfish" includes fillets, | ||||||
16 | steaks, nuggets, and any other flesh from farm raised fish | ||||||
17 | or shellfish. | ||||||
18 | "Market name" means the market name for
any seafood | ||||||
19 | species identified in the Seafood List issued by the
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20 | federal Food and Drug Administration. | ||||||
21 | "Wild caught" means naturally born or | ||||||
22 | hatchery-originated and released in the wild, and caught, | ||||||
23 | taken, or harvested from non-controlled waters or beds. |
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1 | "Wild caught fish or shellfish" includes fillets, | ||||||
2 | steaks, nuggets, and any other flesh from a wild caught | ||||||
3 | fish or wild caught shellfish. | ||||||
4 | (b) Any label of fresh or frozen fish or
shellfish, wild | ||||||
5 | caught or farm raised, offered for sale at wholesale or retail
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6 | shall clearly identify all of the following information: | ||||||
7 | (1) The species of fish or shellfish by its market | ||||||
8 | name. | ||||||
9 | (2) Whether the fish or shellfish was farm raised or | ||||||
10 | wild caught. | ||||||
11 | (3) Whether the fish or shellfish was caught | ||||||
12 | domestically or
imported. | ||||||
13 | (4) The country of origin of the fish or shellfish. | ||||||
14 | (c) It shall constitute misbranding
for any person to | ||||||
15 | knowingly sell or offer for sale any fish or
shellfish that is | ||||||
16 | labeled in violation of subsection (b) of this Section. For the | ||||||
17 | purposes of this subsection (c), knowledge shall be presumed
if | ||||||
18 | the person fails to provide sufficient product documentation | ||||||
19 | that
demonstrates the fish or shellfish was labeled in | ||||||
20 | violation of subsection (b) of this
Section when the person | ||||||
21 | received the fish or shellfish. The
presumption established | ||||||
22 | under this subsection (c) is a presumption affecting
the burden | ||||||
23 | of proof. | ||||||
24 | (d) A retail food facility that sells or offers for
sale | ||||||
25 | any fresh or frozen fish or shellfish, wild caught or farm | ||||||
26 | raised, shall identify and label the species of fish or |
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1 | shellfish by its market name for the consumer at the point of | ||||||
2 | sale, so that the consumer can
make an informed purchase | ||||||
3 | decision. It is unlawful for a retail
food facility to | ||||||
4 | knowingly misidentify or misbrand the species of fish or | ||||||
5 | shellfish
in violation of this subsection (d). | ||||||
6 | (e) A retail food facility that sells or offers for sale | ||||||
7 | any
fresh or frozen fish or shellfish, wild caught or farm | ||||||
8 | raised,
may not knowingly misidentify or misbrand either of the | ||||||
9 | following: | ||||||
10 | (1) The country of origin of the fish or shellfish. | ||||||
11 | (2) Whether the fish or shellfish was farm raised or | ||||||
12 | wild caught. | ||||||
13 | For the purposes of this subsection (e), knowledge shall be | ||||||
14 | presumed
if the retail food facility fails to provide | ||||||
15 | sufficient product
documentation that demonstrates the fish or | ||||||
16 | shellfish was identified
and labeled in violation of this | ||||||
17 | Section when the retail food facility
received the fish or | ||||||
18 | shellfish. The presumption established by this
subsection (e) | ||||||
19 | is a presumption affecting the burden of proof. | ||||||
20 | (f) A violation of this Section shall be punishable by a | ||||||
21 | fine to be determined by rule by the Department of Public | ||||||
22 | Health. | ||||||
23 | (g) This Section shall become operative 18 months after the | ||||||
24 | effective date of this amendatory Act of the 99th General | ||||||
25 | Assembly.
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