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Public Act 100-0394


 

Public Act 0394 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0394
 
SB0312 EnrolledLRB100 05097 SMS 15107 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Food, Drug and Cosmetic Act is
amended by adding Section 21.4 as follows:
 
    (410 ILCS 620/21.4 new)
    Sec. 21.4. Catfish labeling.
    (a) As used in this Section:
    "Catfish" means any species within the family Ictaluridae.
    "Menu" means any form from which a customer is offered food
and beverage, including, but not limited to, traditional
printed listings, white boards, chalkboards, and buffet
labels.
    "Primarily engaged" means having sales of ready-to-eat
food for immediate consumption comprising at least 51% of the
total sales, excluding the sale of liquor.
    "Restaurant" means any business that is primarily engaged
in the sale of ready-to-eat food for immediate consumption.
    "Similar fish" means species of fish similar to catfish,
but within the families of Siluridae, Clariidae, and
Pangasiidae.
    (b) A restaurant shall not label a menu item as containing
catfish unless the item contains catfish.
    (c) An individual may file a complaint alleging a violation
of subsection (b) of this Section with the Department of Public
Health or a local health department. The complaint must include
a copy, electronic copy, or photograph of the menu. After
receiving a complaint that meets the requirements of this
subsection, the Department of Public Health or local health
department shall notify the restaurant in writing that there
has been a complaint alleging a violation of subsection (b).
The notice must include information concerning the penalties
for violating this Section.
    If the Department of Public Health or a local health
department receives 2 separate complaints for a restaurant that
meet the requirements of this subsection, then the Department
of Public Health or local health department shall inspect the
menu, books, records, and inventory of the restaurant to
determine whether, in the Department of Public Health's or
local health department's discretion, the item advertised on
the restaurant's menu is consistent with the books, records,
and inventory of the restaurant.
    (d) If a restaurant is found to be in violation of this
Section following an inspection under subsection (c) of this
Section for the first time, then the Department of Public
Health or local health department shall: (1) notify the
restaurant in writing that the restaurant must correct the
mislabeling within 14 days after receiving the notice and (2)
impose a $250 fine upon the restaurant.
    The Department of Public Health or local health department
shall impose a $1,000 fine upon a restaurant found to be in
violation of this Section a second time.
    For a restaurant found to be in violation of this Section a
third or subsequent time, the Department of Public Health or
local health department shall (1) impose a $5,000 fine, (2)
suspend the restaurant's license, or (3) both.
    (e) A restaurant found to be incorrectly labeling a menu
item as containing catfish shall not be held liable for a
violation of this Section by reason of the conduct of another
if the restaurant relied on the designation provided by the
restaurant's supplier, unless the restaurant willfully
disregarded information establishing that the designation was
false.
    If a restaurant's records indicate that it has purchased
both catfish and similar fish from its suppliers and the
restaurant labels an item on its menu as containing a similar
fish, then the restaurant shall not be held liable for a
violation of this Section.
    (f) The Department of Public Health may adopt any rules
necessary to implement this Section.
 
    Section 99. Effective date. This Act takes effect July 1,
2018.

Effective Date: 7/1/2018