Bill Text: IL SB2022 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the School Code. Provides that, notwithstanding any provision of law to the contrary, no person shall bring a food product with a Scoville rating of 100,000 SHUs or higher onto school property. Amends the Illinois Food, Drug and Cosmetic Act. Provides that a food is misbranded if it contains a food product with a Scoville rating of 100,000 SHUs or higher without its labeling stating that the food product has a Scoville rating of at least 100,000 SHUs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-09 - Referred to Assignments [SB2022 Detail]

Download: Illinois-2023-SB2022-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2022 Introduced 2/9/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
105 ILCS 5/22-95 new
410 ILCS 620/11 from Ch. 56 1/2, par. 511
Amends the School Code. Provides that, notwithstanding any provision of law to the contrary, no person shall bring a food product with a Scoville rating of 100,000 SHUs or higher onto school property. Amends the Illinois Food, Drug and Cosmetic Act. Provides that a food is misbranded if it contains a food product with a Scoville rating of 100,000 SHUs or higher without its labeling stating that the food product has a Scoville rating of at least 100,000 SHUs.
LRB103 27008 CPF 53375 b
A BILL FOR
SB2022 LRB103 27008 CPF 53375 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Section
22-95 as follows:
(105 ILCS 5/22-95 new)
Sec. 22-95. Scoville scale; ban. Notwithstanding any
provision of law to the contrary, no person shall bring a food
product with a Scoville rating of 100,000 SHUs or higher onto
school property.
Section 10. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 11 as follows:
(410 ILCS 620/11) (from Ch. 56 1/2, par. 511)
Sec. 11. A food is misbranded:
(a) If its labeling is false or misleading in any
particular.
(b) If it is offered for sale under the name of another
food.
(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

SB2022 - 2 - LRB103 27008 CPF 53375 b
thereafter, the name of the food imitated.
(d) If its container is so made, formed or filled as to
be misleading.
(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 packages
which shall be established by regulations prescribed by
the Director.
(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 render it likely to be read and understood
by the ordinary individual under customary conditions of
purchase and use.
(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

SB2022 - 3 - LRB103 27008 CPF 53375 b
by such regulations, the common names of optional
ingredients (other than spices, flavoring and coloring)
present in such food.
(h) If it purports to be or is represented as:
(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
(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.
(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

SB2022 - 4 - LRB103 27008 CPF 53375 b
this subsection is impractical or results in deception or
unfair competition, exemptions shall be established by
regulations promulgated by the Director.
(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.
(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 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.
(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 declares the presence of such
chemical in or on such commodity and the common usual name

SB2022 - 5 - LRB103 27008 CPF 53375 b
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.
(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.
(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.
(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 containers.
(p) If its labeling includes the word "honey" or the
term "imitation honey" and the product is not pure honey
manufactured by honeybees.
(q) If it contains saccharin, unless its label and

SB2022 - 6 - LRB103 27008 CPF 53375 b
labeling and retail display comply with the requirements
of Sections 403(o) and 403(p) of the Federal Act.
(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.
(s) If it contains sesame, is offered for sale in
package form but not for immediate consumption, and the
label does not include sesame.
(t) If it contains a food product with a Scoville
rating of 100,000 SHUs or higher without its labeling
stating that the food product has a Scoville rating of at
least 100,000 SHUs.
(Source: P.A. 101-129, eff. 7-26-19.)