Bill Text: IL HB2556 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Meat and Poultry Inspection Act. Provides that a carcass, part thereof, meat or meat food product, or poultry or poultry food product is misbranded if it purports to be or is represented as a meat or meat food product or poultry or poultry product but is a cell-cultured food product. Defines "cell-cultured food product". Amends the Illinois Food, Drug and Cosmetic Act. Provides that a food is misbranded if it purports to be or is represented as a meat or meat food product or poultry or poultry product but is a cell-cultured food product as defined in the Meat and Poultry Inspection Act. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2556 Detail]

Download: Illinois-2019-HB2556-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2556

Introduced , by Rep. Mike Murphy

SYNOPSIS AS INTRODUCED:
225 ILCS 650/2 from Ch. 56 1/2, par. 302
410 ILCS 620/11 from Ch. 56 1/2, par. 511

Amends the Meat and Poultry Inspection Act. Provides that a carcass, part thereof, meat or meat food product, or poultry or poultry food product is misbranded if it purports to be or is represented as a meat or meat food product or poultry or poultry product but is a cell-cultured food product. Defines "cell-cultured food product". Amends the Illinois Food, Drug and Cosmetic Act. Provides that a food is misbranded if it purports to be or is represented as a meat or meat food product or poultry or poultry product but is a cell-cultured food product as defined in the Meat and Poultry Inspection Act. Effective immediately.
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A BILL FOR

HB2556LRB101 09163 CPF 54257 b
1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Meat and Poultry Inspection Act is amended
5by changing Section 2 as follows:
6 (225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
7 Sec. 2. Definitions. As used in this Act:
8 "Adulterated" means any carcass, part thereof, meat or meat
9food product, or poultry or poultry food product under one or
10more of the following circumstances:
11 (1) if it bears or contains any poisonous or
12 deleterious substance which may render it injurious to
13 health; but in case the substance is not an added
14 substance, such article shall not be considered
15 adulterated under this clause if the quantity of such
16 substance in or on such article does not ordinarily render
17 it injurious to health;
18 (2)(A) if it bears or contains (by reason of
19 administration of any substance to the live animal or
20 otherwise) any added poisonous or added deleterious
21 substance (other than one which is (i) a pesticide chemical
22 in or on a raw agricultural commodity; (ii) a food
23 additive; or (iii) a color additive) which may, in the

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1 judgment of the Director, make such article unfit for human
2 food;
3 (B) if it is, in whole or in part, a raw agricultural
4 commodity and such commodity bears or contains a pesticide
5 chemical which is unsafe within the meaning of Section 346a
6 of the federal Food, Drug, and Cosmetic Act;
7 (C) if it bears or contains any food additive which is
8 unsafe within the meaning of Section 348 of the federal
9 Food, Drug, and Cosmetic Act;
10 (D) if it bears or contains any color additive which is
11 unsafe within the meaning of Section 379e of the federal
12 Food, Drug, and Cosmetic Act: Provided, That an article
13 which is not adulterated under clause (B), (C), or (D)
14 shall nevertheless be deemed adulterated if use of the
15 pesticide chemical, food additive, or color additive in or
16 on such article is prohibited by regulations of the
17 Secretary of the United States Department of Agriculture or
18 under Section 13 or 16 of this Act;
19 (3) if it consists in whole or in part of any filthy,
20 putrid, or decomposed substance or is for any other reason
21 unsound, unhealthful, unwholesome, or otherwise unfit for
22 human food;
23 (4) if it has been prepared, packed, or held under
24 insanitary conditions whereby it may have become
25 contaminated with filth, or whereby it may have been
26 rendered injurious to health;

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1 (5) if it is, in whole or in part, the product of an
2 animal which has died otherwise than by slaughter;
3 (6) if its container is composed, in whole or in part,
4 of any poisonous or deleterious substance which may render
5 the contents injurious to health;
6 (7) if it has been intentionally subjected to
7 radiation, unless the use of the radiation was in
8 conformity with a regulation or exemption in effect
9 pursuant to Section 348 of the federal Food, Drug, and
10 Cosmetic Act;
11 (8) if any valuable constituent has been in whole or in
12 part omitted or abstracted therefrom; or if any substance
13 has been substituted, wholly or in part therefor; or if
14 damage or inferiority has been concealed in any manner; or
15 if any substance has been added thereto or mixed or packed
16 therewith so as to increase its bulk or weight, or reduce
17 its quality or strength, or make it appear better or of
18 greater value than it; or
19 (9) if it is margarine containing animal fat and any of
20 the raw material used therein consisted in whole or in part
21 of any filthy, putrid, or decomposed substance.
22 "Amenable" means foods containing 3% or more raw, or more
23than 2% cooked, red meat or poultry, other edible portions of
24carcass or bird, or products that historically have been
25considered by customers as products of the meat or poultry
26industry.

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1 "Animals" means cattle, calves, American bison (buffalo),
2catalo, cattalo, sheep, swine, domestic deer, domestic elk,
3domestic antelope, domestic reindeer, ratites, water buffalo,
4and goats.
5 "Capable of use as human food" means the carcass of any
6animal or poultry, or part or product of a carcass of any
7animal or poultry, unless it is denatured to deter its use as
8human food or it is naturally inedible by humans.
9 "Cell-cultured food product" means food products derived
10from the cells of animals or poultry grown in laboratories from
11cell cultures.
12 "Custom processing" means the cutting up, packaging,
13wrapping, storing, freezing, smoking, or curing of meat or
14poultry products as a service by an establishment for the owner
15or the agent of the owner of the meat or poultry products
16exclusively for use in the household of the owner and his or
17her nonpaying guests and employees or slaughtering with respect
18to live poultry purchased by the consumer at this establishment
19and processed by a custom plant operator in accordance with the
20consumer's instructions.
21 "Custom slaughter" means the slaughtering, skinning,
22defeathering, eviscerating, cutting up, packaging, or wrapping
23of animals or poultry as a service by an establishment for the
24owner or the agent of the owner of the animals or poultry
25exclusively for use in the household of the owner and his or
26her nonpaying guests and employees.

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1 "Department" means the Department of Agriculture of the
2State of Illinois.
3 "Director" means, unless otherwise provided, the Director
4of the Department of Agriculture of the State of Illinois or
5his or her duly appointed representative.
6 "Establishment" means all premises where animals, poultry,
7or both, are slaughtered or otherwise prepared either for
8custom, resale, or retail for food purposes, meat or poultry
9canneries, sausage factories, smoking or curing operations,
10restaurants, grocery stores, brokerages, cold storage plants,
11processing plants, and similar places.
12 "Federal Food, Drug, and Cosmetic Act" means the Act
13approved June 25, 1938 (52 Stat. 1040), as now or hereafter
14amended.
15 "Federal inspection" means the meat and poultry inspection
16service conducted by the United States Department of
17Agriculture by the authority of the Federal Meat Inspection Act
18and the Federal Poultry Products Inspection Act.
19 "Federal Meat Inspection Act" means the Act approved March
204, 1907 (34 Stat. 1260), as now or hereafter amended by the
21Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
22 "Illinois inspected and condemned" means that the meat or
23poultry product so identified and marked is unhealthful,
24unwholesome, adulterated, or otherwise unfit for human food and
25shall be disposed of in the manner prescribed by the
26Department.

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1 "Illinois inspected and passed" means that the meat or
2poultry product so stamped and identified has been inspected
3and passed under the provisions of this Act and the rules and
4regulations pertaining thereto at the time of inspection and
5identification was found to be sound, clean, wholesome, and
6unadulterated.
7 "Illinois retained" means that the meat or poultry product
8so identified is held for further clinical examination by a
9veterinary inspector to determine its disposal.
10 "Immediate container" means any consumer package or any
11other container in which livestock products or poultry
12products, not consumer packaged, are packed.
13 "Inspector" means any employee of the Department
14authorized by the Director to inspect animals and poultry or
15meat and poultry products.
16 "Label" means a display of written, printed, or graphic
17matter upon any article or the immediate container, not
18including package liners, of any article.
19 "Labeling" means all labels and other written, printed, or
20graphic matter (i) upon any article or any of its containers or
21wrappers or (ii) accompanying the article.
22 "Meat broker", "poultry broker", or "meat and poultry
23broker" means any person, firm, or corporation engaged in the
24business of buying, negotiating for purchase of, handling or
25taking possession of, or selling meat or poultry products on
26commission or otherwise purchasing or selling of such articles

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1other than for the person's own account in their original
2containers without changing the character of the products in
3any way. A broker shall not possess any processing equipment in
4his or her licensed facility.
5 "Meat food product" means any product capable of use as
6human food that is made wholly or in part from any meat or
7other portion of the carcass of any cattle, sheep, swine, or
8goats, except products that contain meat or other portions of
9such carcasses only in a relatively small proportion or
10products that historically have not been considered by
11consumers as products of the meat food industry and that are
12exempted from definition as a meat food product by the Director
13under such conditions as the Director may prescribe to assure
14that the meat or other portions of such carcass contained in
15such product are not adulterated and that such products are not
16represented as meat food products. This term as applied to food
17products of equines or domestic deer shall have a meaning
18comparable to that provided in this definition with respect to
19cattle, sheep, swine, and goats.
20 "Misbranded" means any carcass, part thereof, meat or meat
21food product, or poultry or poultry food product if:
22 (1) its labeling is false or misleading in any
23 particular;
24 (2) it is offered for sale under the name of another
25 food;
26 (3) it is an imitation of another food, unless its

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1 label bears, in type of uniform size and prominence, the
2 word "imitation" followed immediately by the name of the
3 food imitated;
4 (4) its container is made, formed, or filled so as to
5 be misleading;
6 (5) it does not bear a label showing (i) the name and
7 place of business of the manufacturer, packer, or
8 distributor and (ii) an accurate statement of the quantity
9 of the contents in terms of weight, measure, or numerical
10 count; however, reasonable variations in such statement of
11 quantity may be permitted;
12 (6) any word, statement, or other information required
13 by or under authority of this Act to appear on the label or
14 other labeling is not prominently placed thereon with such
15 conspicuousness as compared with other words, statements,
16 designs, or devices in the labeling and in such terms as to
17 make the label likely to be read and understood by the
18 general public under customary conditions of purchase and
19 use;
20 (7) it purports to be or is represented as a food for
21 which a definition and standard of identity or composition
22 is prescribed in Sections 13 and 16 of this Act unless (i)
23 it conforms to such definition and standard and (ii) its
24 label bears the name of the food specified in the
25 definition and standard and, as required by such
26 regulations, the common names of optional ingredients

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1 other than spices and flavoring present in such food;
2 (8) it purports to be or is represented as a food for
3 which a standard of fill of container is prescribed in
4 Section 13 of this Act and it falls below the applicable
5 standard of fill of container applicable thereto, unless
6 its label bears, in such manner and form as such
7 regulations specify, a statement that it falls below such
8 standard;
9 (9) it is not subject to the provisions of paragraph
10 (7), unless its label bears (i) the common or usual name of
11 the food, if any, and (ii) if it is fabricated from 2 or
12 more ingredients, the common or usual name of each
13 ingredient, except that spices and flavorings may, when
14 authorized by standards or regulations adopted in or as
15 provided by Sections 13 and 16 of this Act, be designated
16 as spices and flavorings without naming each;
17 (10) it purports to be or is represented for special
18 dietary uses, unless its label bears such information
19 concerning its vitamin, mineral, and other dietary
20 properties as determined by the Secretary of Agriculture of
21 the United States in order to fully inform purchasers as to
22 its value for such uses;
23 (11) it bears or contains any artificial flavoring,
24 artificial coloring, or chemical preservative, unless it
25 bears labeling stating that fact or is exempt; or
26 (12) it fails to bear, directly thereon or on its

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1 container, the inspection legend and unrestricted by any of
2 the foregoing provisions, such other information as
3 necessary to assure that it will not have false or
4 misleading labeling and that the public will be informed of
5 the manner of handling required to maintain the article in
6 a wholesome condition; or .
7 (13) it purports to be or is represented as a meat or
8 meat food product or poultry or poultry product but is a
9 cell-cultured food product.
10 "Official establishment" means any establishment as
11determined by the Director at which inspection of the slaughter
12of livestock or poultry or the preparation of livestock
13products or poultry products is maintained under the authority
14of this Act.
15 "Official mark of inspection" means the official mark of
16inspection used to identify the status of any meat product or
17poultry product or animal under this Act as established by
18rule.
19 Prior to the manufacture, a complete and accurate
20description and design of all the brands, legends, and symbols
21shall be submitted to the Director for approval as to
22compliance with this Act. Each brand or symbol that bears the
23official mark shall be delivered into the custody of the
24inspector in charge of the establishment and shall be used only
25under the supervision of a Department employee. When not in
26use, all such brands and symbols bearing the official mark of

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1inspection shall be secured in a locked locker or compartment,
2the keys of which shall not leave the possession of Department
3employees.
4 "Person" means any individual or entity, including, but not
5limited to, a sole proprietorship, partnership, corporation,
6cooperative, association, limited liability company, estate,
7or trust.
8 "Pesticide chemical", "food additive", "color additive",
9and "raw agricultural commodity" have the same meanings for
10purposes of this Act as under the federal Food, Drug, and
11Cosmetic Act.
12 "Poultry" means domesticated birds or rabbits, or both,
13dead or alive, capable of being used for human food.
14 "Poultry products" means the carcasses or parts of
15carcasses of poultry produced entirely or in substantial part
16from such poultry, including but not limited to such products
17cooked, pressed, smoked, dried, pickled, frozen, or similarly
18processed.
19 "Poultry Products Inspection Act" means the Act approved
20August 28, 1957 (71 Stat. 441), as now or hereafter amended by
21the Wholesome Poultry Products Act, approved August 18, 1968
22(82 Stat. 791), as now or hereafter amended.
23 "Poultry Raiser" means any person who raises poultry,
24including rabbits, on his or her own farm or premises who does
25not qualify as a producer as defined under this Act.
26 "Processor" means any person engaged in the business of

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1preparing food from animals, including poultry, derived wholly
2or in part from livestock or poultry carcasses or parts or
3products of such carcasses.
4 "Shipping container" means any container used or intended
5for use in packaging the product packed in an immediate
6container.
7 "Slaughterer" means an establishment where any or all of
8the following may be performed on animals or poultry: (i)
9stunning; (ii) bleeding; (iii) defeathering, dehairing, or
10skinning; (iv) eviscerating; or (v) preparing carcasses for
11chilling.
12 "State inspection" means the meat and poultry inspection
13service conducted by the Department of Agriculture of the State
14of Illinois by the authority of this Act.
15(Source: P.A. 100-843, eff. 8-14-18.)
16 Section 10. The Illinois Food, Drug and Cosmetic Act is
17amended by changing Section 11 as follows:
18 (410 ILCS 620/11) (from Ch. 56 1/2, par. 511)
19 Sec. 11. A food is misbranded - (a) If its labeling is
20false or misleading in any particular.
21 (b) If it is offered for sale under the name of another
22food.
23 (c) If it is an imitation of another food other than honey,
24unless its label bears, in type of uniform size and prominence,

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1the word "imitation" and, immediately thereafter, the name of
2the food imitated.
3 (d) If its container is so made, formed or filled as to be
4misleading.
5 (e) If in package form, unless it bears a label containing
6(1) the name and place of business of the manufacturer, packer
7or distributor; and (2) an accurate statement of the quantity
8of the contents in terms of weight, measure or numerical count.
9However, under paragraph (2) of this subsection reasonable
10variations shall be permitted and exemptions as to small
11packages which shall be established by regulations prescribed
12by the Director.
13 (f) If any word, statement or other information required by
14or under authority of this Act to appear on the label or
15labeling is not prominently placed thereon with such
16conspicuousness (as compared with other words, statements,
17designs or devices, in the labeling) and in such terms as to
18render it likely to be read and understood by the ordinary
19individual under customary conditions of purchase and use.
20 (g) If it purports to be or is represented as a food for
21which a definition and standard of identity has been prescribed
22by regulations as provided by Section 9, unless (1) it conforms
23to such definition and standard, and (2) its label bears the
24name of the food specified in the definition and standard and,
25in so far as may be required by such regulations, the common
26names of optional ingredients (other than spices, flavoring and

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1coloring) present in such food.
2 (h) If it purports to be or is represented as:
3 (1) a food for which a standard of quantity has been
4prescribed by regulations as provided by Section 9 and its
5quantity falls below such standard unless its label bears, in
6such manner and form as such regulations specify, a statement
7that it falls below such standard; or
8 (2) a food for which a standard or standards of fill of
9container have been prescribed by regulation as provided by
10Section 9 and it falls below the standard of fill of container
11applicable thereto, unless its label bears, in such manner and
12form as such regulations specify, a statement that it falls
13below such standard.
14 (i) If it is not subject to subsection (g) of this Section,
15unless it bears labeling clearly giving (1) the common or usual
16name of the food, if any there be, and (2) in case it is
17fabricated from 2 or more ingredients, the common or usual name
18of each such ingredient; except that spices, flavorings and
19colorings, other than those sold as such, may be designated as
20spices, flavorings and colorings, without naming each.
21However, to the extent that compliance with the requirements of
22paragraph (2) of this subsection is impractical or results in
23deception or unfair competition, exemptions shall be
24established by regulations promulgated by the Director.
25 (j) If it purports to be or is represented for special
26dietary uses, unless its label bears such information

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1concerning its vitamin, mineral and other dietary properties as
2the Director determines to be, and by regulations prescribes as
3necessary in order to fully inform purchasers as to its value
4for such uses.
5 (k) If it bears or contains any artificial flavoring,
6artificial coloring or chemical preservative, unless it bears
7labeling stating that fact. However, to the extent that
8compliance with the requirements of this paragraph is
9impracticable, exemptions shall be established by regulations
10promulgated by the Director. This subsection and subsections
11(g) and (i) with respect to artificial coloring do not apply to
12butter, cheese or ice cream. This subsection with respect to
13chemical preservatives does not apply to a pesticide chemical
14when used in or on a raw agricultural commodity which is the
15produce of the soil.
16 (l) If it is a raw agricultural commodity for direct human
17consumption which is the produce of the soil, bearing or
18containing a pesticide chemical applied after harvest, unless
19the shipping container of such commodity bears labeling which
20declares the presence of such chemical in or on such commodity
21and the common usual name and the function of such chemical;
22provided, however, that no such declaration shall be required
23while such commodity, having been removed from the shipping
24container, is being held or displayed for sale at retail out of
25such container in accordance with the custom of the trade.
26 (m) If it is a product intended as an ingredient of another

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1food and when used according to the directions of the purveyor
2will result in the final food product being adulterated or
3misbranded.
4 (n) If it is a color additive unless its packaging and
5labeling are in conformity with such packaging and labeling
6requirements applicable to such color additive prescribed
7under Section 706 of the Federal Act.
8 (o) If a meat or meat food product or poultry or poultry
9food product has been frozen prior to sale unless when offered
10for sale, the package, container or wrapping bears, in type of
11uniform size and prominence, the words "previously frozen" so
12as to be readable and understood by the general public except
13that this subsection does not apply to products mentioned
14herein which are precooked and packaged in hermetically sealed
15containers.
16 (p) If its labeling includes the word "honey" or the term
17"imitation honey" and the product is not pure honey
18manufactured by honeybees.
19 (q) If it contains saccharin, unless its label and labeling
20and retail display comply with the requirements of Sections
21403(o) and 403(p) of the Federal Act.
22 (r) If it contains saccharin and is offered for sale, but
23not for immediate consumption, at a retail establishment,
24unless such retail establishment displays prominently, where
25such food is held for sale, notice (provided by the
26manufacturer of such food pursuant to the Federal Act) for

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1consumers respecting the information required by subsection
2(q) to be on food labels and labeling.
3 (s) If it purports to be or is represented as a meat or
4meat food product or poultry or poultry product but is a
5cell-cultured food product as defined in the Meat and Poultry
6Inspection Act.
7(Source: P.A. 84-891.)
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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