103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3570

 

Introduced 2/9/2024, by Sen. Erica Harriss

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/1-3.05  from Ch. 43, par. 95.05
235 ILCS 5/1-3.45 new
235 ILCS 5/6-16  from Ch. 43, par. 131
235 ILCS 5/6-35.5 new
410 ILCS 620/10  from Ch. 56 1/2, par. 510

    Amends the Liquor Control Act of 1934. Provides that "alcoholic liquor" does not include frozen desserts containing alcoholic liquor. Provides that "frozen desserts containing alcoholic liquor" means ice cream or other frozen desserts that are made with liquor, wine, beer, cider, or any combination thereof and that contain more than 0.5% but not more than 5% of alcohol by volume. Provides that no person shall sell a package of frozen desserts that contains more than 5% alcohol by volume. Provides that no person shall sell, give, or deliver frozen desserts containing alcoholic liquor to a person under the age of 21. Provides that a person under the age of 21 may not purchase, possess, or consume frozen desserts containing alcoholic liquor. Provides that no person shall sell a package of frozen desserts containing alcoholic liquor for consumption off the premises or for consumption on the premises unless it contains specified notices and warnings. Provides that no manufacturer or distributor of frozen desserts containing alcoholic liquor shall sell the product to a person intending to sell at retail individual servings of frozen desserts containing alcoholic liquor or packages of frozen desserts containing alcoholic liquor for consumption off the premises, unless, with each shipment, the manufacturer or distributor provides a written notice that frozen desserts containing alcoholic liquor may be sold at retail only if the retailer complies with specified requirements and provides a written copy of those requirements. Provides that frozen desserts containing alcoholic liquor are subject to all applicable food safety laws, rules, standards, and requirements, including, but not limited to, the provisions of the Illinois Food, Drug and Cosmetic Act. Makes conforming changes. Amends the Illinois Food, Drug and Cosmetic Act to make a conforming change.


LRB103 36680 RPS 66790 b

 

 

A BILL FOR

 

SB3570LRB103 36680 RPS 66790 b

1    AN ACT concerning liquor.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Sections 1-3.05 and 6-16 and by adding Sections
61-3.45 and 6-35.5 as follows:
 
7    (235 ILCS 5/1-3.05)  (from Ch. 43, par. 95.05)
8    Sec. 1-3.05. Alcoholic liquor. "Alcoholic liquor" includes
9alcohol, spirits, wine and beer, and every liquid or solid,
10patented or not, containing alcohol, spirits, wine or beer,
11and capable of being consumed as a beverage by a human being.
12"Alcoholic liquor" does not include frozen desserts containing
13alcoholic liquor. The provisions of this Act shall not apply
14to alcohol used in the manufacture of denatured alcohol
15produced in accordance with Acts of Congress and regulations
16promulgated thereunder, nor to any liquid or solid containing
17one-half of one per cent, or less, of alcohol by volume. No tax
18provided for in Article VIII of this Act shall apply to wine
19intended for use and used by any church or religious
20organization for sacramental purposes, provided that such wine
21shall be purchased from a licensed manufacturer or importing
22distributor under this Act.
23(Source: P.A. 82-783.)
 

 

 

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1    (235 ILCS 5/1-3.45 new)
2    Sec. 1-3.45. Frozen desserts containing alcoholic liquor.
3"Frozen desserts containing alcoholic liquor" means ice creams
4or other frozen desserts that are made with liquor, wine,
5beer, cider, or any combination thereof and that contain more
6than 0.5% but not more than 5% of alcohol by volume.
 
7    (235 ILCS 5/6-16)  (from Ch. 43, par. 131)
8    Sec. 6-16. Prohibited sales and possession.
9    (a) (i) No licensee nor any officer, associate, member,
10representative, agent, or employee of such licensee shall
11sell, give, or deliver alcoholic liquor or frozen desserts
12containing alcoholic liquor to any person under the age of 21
13years or to any intoxicated person, except as provided in
14Section 6-16.1. (ii) No express company, common carrier, or
15contract carrier nor any representative, agent, or employee on
16behalf of an express company, common carrier, or contract
17carrier that carries or transports alcoholic liquor for
18delivery within this State shall knowingly give or knowingly
19deliver to a residential address any shipping container
20clearly labeled as containing alcoholic liquor and labeled as
21requiring signature of an adult of at least 21 years of age to
22any person in this State under the age of 21 years. An express
23company, common carrier, or contract carrier that carries or
24transports such alcoholic liquor for delivery within this

 

 

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1State shall obtain a signature at the time of delivery
2acknowledging receipt of the alcoholic liquor by an adult who
3is at least 21 years of age. At no time while delivering
4alcoholic beverages within this State may any representative,
5agent, or employee of an express company, common carrier, or
6contract carrier that carries or transports alcoholic liquor
7for delivery within this State deliver the alcoholic liquor to
8a residential address without the acknowledgment of the
9consignee and without first obtaining a signature at the time
10of the delivery by an adult who is at least 21 years of age. A
11signature of a person on file with the express company, common
12carrier, or contract carrier does not constitute
13acknowledgement of the consignee. Any express company, common
14carrier, or contract carrier that transports alcoholic liquor
15for delivery within this State that violates this item (ii) of
16this subsection (a) by delivering alcoholic liquor without the
17acknowledgement of the consignee and without first obtaining a
18signature at the time of the delivery by an adult who is at
19least 21 years of age is guilty of a business offense for which
20the express company, common carrier, or contract carrier that
21transports alcoholic liquor within this State shall be fined
22not more than $1,001 for a first offense, not more than $5,000
23for a second offense, and not more than $10,000 for a third or
24subsequent offense. An express company, common carrier, or
25contract carrier shall be held vicariously liable for the
26actions of its representatives, agents, or employees. For

 

 

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1purposes of this Act, in addition to other methods authorized
2by law, an express company, common carrier, or contract
3carrier shall be considered served with process when a
4representative, agent, or employee alleged to have violated
5this Act is personally served. Each shipment of alcoholic
6liquor delivered in violation of this item (ii) of this
7subsection (a) constitutes a separate offense. (iii) No
8person, after purchasing or otherwise obtaining alcoholic
9liquor or frozen desserts containing alcoholic liquor, shall
10sell, give, or deliver such alcoholic liquor or frozen
11desserts containing alcoholic liquor to another person under
12the age of 21 years, except in the performance of a religious
13ceremony or service. Except as otherwise provided in item
14(ii), any express company, common carrier, or contract carrier
15that transports alcoholic liquor within this State that
16violates the provisions of item (i), (ii), or (iii) of this
17paragraph of this subsection (a) is guilty of a Class A
18misdemeanor and the sentence shall include, but shall not be
19limited to, a fine of not less than $500. Any person who
20violates the provisions of item (iii) of this paragraph of
21this subsection (a) is guilty of a Class A misdemeanor and the
22sentence shall include, but shall not be limited to a fine of
23not less than $500 for a first offense and not less than $2,000
24for a second or subsequent offense. Any person who knowingly
25violates the provisions of item (iii) of this paragraph of
26this subsection (a) is guilty of a Class 4 felony if a death

 

 

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1occurs as the result of the violation.
2    If a licensee or officer, associate, member,
3representative, agent, or employee of the licensee, or a
4representative, agent, or employee of an express company,
5common carrier, or contract carrier that carries or transports
6alcoholic liquor for delivery within this State, is prosecuted
7under this paragraph of this subsection (a) for selling,
8giving, or delivering alcoholic liquor or frozen desserts
9containing alcoholic liquor to a person under the age of 21
10years, the person under 21 years of age who attempted to buy or
11receive the alcoholic liquor or frozen desserts containing
12alcoholic liquor may be prosecuted pursuant to Section 6-20 of
13this Act, unless the person under 21 years of age was acting
14under the authority of a law enforcement agency, the Illinois
15Liquor Control Commission, or a local liquor control
16commissioner pursuant to a plan or action to investigate,
17patrol, or conduct any similar enforcement action.
18    For the purpose of preventing the violation of this
19Section, any licensee, or his agent or employee, or a
20representative, agent, or employee of an express company,
21common carrier, or contract carrier that carries or transports
22alcoholic liquor for delivery within this State, shall refuse
23to sell, deliver, or serve alcoholic beverages or frozen
24desserts containing alcoholic liquor to any person who is
25unable to produce adequate written evidence of identity and of
26the fact that he or she is over the age of 21 years, if

 

 

SB3570- 6 -LRB103 36680 RPS 66790 b

1requested by the licensee, agent, employee, or representative.
2    Adequate written evidence of age and identity of the
3person is a document issued by a federal, state, county, or
4municipal government, or subdivision or agency thereof,
5including, but not limited to, a motor vehicle operator's
6license, a registration certificate issued under the Federal
7Selective Service Act, or an identification card issued to a
8member of the Armed Forces. Proof that the defendant-licensee,
9or his employee or agent, or the representative, agent, or
10employee of the express company, common carrier, or contract
11carrier that carries or transports alcoholic liquor for
12delivery within this State demanded, was shown and reasonably
13relied upon such written evidence in any transaction forbidden
14by this Section is an affirmative defense in any criminal
15prosecution therefor or to any proceedings for the suspension
16or revocation of any license based thereon. It shall not,
17however, be an affirmative defense if the agent or employee
18accepted the written evidence knowing it to be false or
19fraudulent. If a false or fraudulent Illinois driver's license
20or Illinois identification card is presented by a person less
21than 21 years of age to a licensee or the licensee's agent or
22employee for the purpose of ordering, purchasing, attempting
23to purchase, or otherwise obtaining or attempting to obtain
24the serving of any alcoholic beverage or frozen dessert
25containing alcoholic liquor, the law enforcement officer or
26agency investigating the incident shall, upon the conviction

 

 

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1of the person who presented the fraudulent license or
2identification, make a report of the matter to the Secretary
3of State on a form provided by the Secretary of State.
4    However, no agent or employee of the licensee or employee
5of an express company, common carrier, or contract carrier
6that carries or transports alcoholic liquor for delivery
7within this State shall be disciplined or discharged for
8selling or furnishing liquor or frozen desserts containing
9alcoholic liquor to a person under 21 years of age if the agent
10or employee demanded and was shown, before furnishing liquor
11or frozen desserts containing alcoholic liquor to a person
12under 21 years of age, adequate written evidence of age and
13identity of the person issued by a federal, state, county or
14municipal government, or subdivision or agency thereof,
15including, but not limited to, a motor vehicle operator's
16license, a registration certificate issued under the Federal
17Selective Service Act, or an identification card issued to a
18member of the Armed Forces. This paragraph, however, shall not
19apply if the agent or employee accepted the written evidence
20knowing it to be false or fraudulent.
21    Any person who sells, gives, or furnishes to any person
22under the age of 21 years any false or fraudulent written,
23printed, or photostatic evidence of the age and identity of
24such person or who sells, gives or furnishes to any person
25under the age of 21 years evidence of age and identification of
26any other person is guilty of a Class A misdemeanor and the

 

 

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1person's sentence shall include, but shall not be limited to,
2a fine of not less than $500.
3    Any person under the age of 21 years who presents or offers
4to any licensee, his agent or employee, any written, printed
5or photostatic evidence of age and identity that is false,
6fraudulent, or not actually his or her own for the purpose of
7ordering, purchasing, attempting to purchase or otherwise
8procuring or attempting to procure, the serving of any
9alcoholic beverage or frozen dessert containing alcoholic
10liquor, who falsely states in writing that he or she is at
11least 21 years of age when receiving alcoholic liquor or a
12frozen dessert containing alcoholic liquor from a
13representative, agent, or employee of an express company,
14common carrier, or contract carrier, or who has in his or her
15possession any false or fraudulent written, printed, or
16photostatic evidence of age and identity, is guilty of a Class
17A misdemeanor and the person's sentence shall include, but
18shall not be limited to, the following: a fine of not less than
19$500 and at least 25 hours of community service. If possible,
20any community service shall be performed for an alcohol abuse
21prevention program.
22    Any person under the age of 21 years who has any alcoholic
23beverage or frozen dessert containing alcoholic liquor in his
24or her possession on any street or highway or in any public
25place or in any place open to the public is guilty of a Class A
26misdemeanor. This Section does not apply to possession by a

 

 

SB3570- 9 -LRB103 36680 RPS 66790 b

1person under the age of 21 years making a delivery of an
2alcoholic beverage or frozen dessert containing alcoholic
3liquor in pursuance of the order of his or her parent or in
4pursuance of his or her employment.
5    (a-1) It is unlawful for any parent or guardian to
6knowingly permit his or her residence, any other private
7property under his or her control, or any vehicle, conveyance,
8or watercraft under his or her control to be used by an invitee
9of the parent's child or the guardian's ward, if the invitee is
10under the age of 21, in a manner that constitutes a violation
11of this Section. A parent or guardian is deemed to have
12knowingly permitted his or her residence, any other private
13property under his or her control, or any vehicle, conveyance,
14or watercraft under his or her control to be used in violation
15of this Section if he or she knowingly authorizes or permits
16consumption of alcoholic liquor or frozen desserts containing
17alcoholic liquor by underage invitees. Any person who violates
18this subsection (a-1) is guilty of a Class A misdemeanor and
19the person's sentence shall include, but shall not be limited
20to, a fine of not less than $500. Where a violation of this
21subsection (a-1) directly or indirectly results in great
22bodily harm or death to any person, the person violating this
23subsection shall be guilty of a Class 4 felony. Nothing in this
24subsection (a-1) shall be construed to prohibit the giving of
25alcoholic liquor to a person under the age of 21 years in the
26performance of a religious ceremony or service in observation

 

 

SB3570- 10 -LRB103 36680 RPS 66790 b

1of a religious holiday.
2    For the purposes of this subsection (a-1) where the
3residence or other property has an owner and a tenant or
4lessee, the trier of fact may infer that the residence or other
5property is occupied only by the tenant or lessee.
6    (b) Except as otherwise provided in this Section whoever
7violates this Section shall, in addition to other penalties
8provided for in this Act, be guilty of a Class A misdemeanor.
9    (c) Any person shall be guilty of a Class A misdemeanor
10where he or she knowingly authorizes or permits a residence
11which he or she occupies to be used by an invitee under 21
12years of age and:
13        (1) the person occupying the residence knows that any
14    such person under the age of 21 is in possession of or is
15    consuming any alcoholic beverage or frozen dessert
16    containing alcoholic liquor; and
17        (2) the possession or consumption of the alcohol by
18    the person under 21 is not otherwise permitted by this
19    Act.
20    For the purposes of this subsection (c) where the
21residence has an owner and a tenant or lessee, the trier of
22fact may infer that the residence is occupied only by the
23tenant or lessee. The sentence of any person who violates this
24subsection (c) shall include, but shall not be limited to, a
25fine of not less than $500. Where a violation of this
26subsection (c) directly or indirectly results in great bodily

 

 

SB3570- 11 -LRB103 36680 RPS 66790 b

1harm or death to any person, the person violating this
2subsection (c) shall be guilty of a Class 4 felony. Nothing in
3this subsection (c) shall be construed to prohibit the giving
4of alcoholic liquor to a person under the age of 21 years in
5the performance of a religious ceremony or service in
6observation of a religious holiday.
7    A person shall not be in violation of this subsection (c)
8if (A) he or she requests assistance from the police
9department or other law enforcement agency to either (i)
10remove any person who refuses to abide by the person's
11performance of the duties imposed by this subsection (c) or
12(ii) terminate the activity because the person has been unable
13to prevent a person under the age of 21 years from consuming
14alcohol despite having taken all reasonable steps to do so and
15(B) this assistance is requested before any other person makes
16a formal complaint to the police department or other law
17enforcement agency about the activity.
18    (d) Any person who rents a hotel or motel room from the
19proprietor or agent thereof for the purpose of or with the
20knowledge that such room shall be used for the consumption of
21alcoholic liquor or frozen desserts containing alcoholic
22liquor by persons under the age of 21 years shall be guilty of
23a Class A misdemeanor.
24    (e) Except as otherwise provided in this Act, any person
25who has alcoholic liquor or a frozen dessert containing
26alcoholic liquor in his or her possession on public school

 

 

SB3570- 12 -LRB103 36680 RPS 66790 b

1district property on school days or at events on public school
2district property when children are present is guilty of a
3petty offense, unless the alcoholic liquor or frozen dessert
4containing alcoholic liquor (i) is in the original container
5with the seal unbroken and is in the possession of a person who
6is not otherwise legally prohibited from possessing the
7alcoholic liquor or frozen dessert containing alcoholic liquor
8or (ii) is in the possession of a person in or for the
9performance of a religious service or ceremony authorized by
10the school board.
11(Source: P.A. 97-1049, eff. 1-1-13; 98-1017, eff. 1-1-15.)
 
12    (235 ILCS 5/6-35.5 new)
13    Sec. 6-35.5. Frozen desserts containing alcoholic liquor.
14    (a) No person shall sell a package of frozen desserts
15containing alcoholic liquor that contains more than 5% alcohol
16by volume. No person shall sell, give, or deliver frozen
17desserts containing alcoholic liquor to a person under the age
18of 21. A person under the age of 21 may not purchase, possess,
19or consume frozen desserts containing alcoholic liquor.
20    (b) No person shall sell a package of frozen desserts
21containing alcoholic liquor for consumption off the premises
22unless:
23        (1) each package is a sealed package, as received from
24    the manufacturer or distributor;
25        (2) each sealed package, as received from the

 

 

SB3570- 13 -LRB103 36680 RPS 66790 b

1    manufacturer or distributor, prominently bears the
2    following statements, in a format to be established or
3    approved by the State Commission:
4            "(A) The sale of this product to individuals under
5        the age of 21 years is prohibited.
6            (B) This product is made with (insert whichever is
7        applicable: liquor, wine, beer, cider, or a
8        combination thereof) and contains alcohol up to 5% by
9        volume.
10            (C) NOTICE: This product contains alcohol used as
11        flavoring and, as with any product that contains
12        alcohol:
13                (1) women should not consume alcohol during
14            pregnancy because of the risk of birth defects;
15            and
16                (2) consumption of alcohol impairs your
17            ability to drive a car or operate machinery and
18            may cause health problems."; and
19        (3) the following advisory, on a sign or poster not
20    less than 7 inches by 5 inches, in a format to be
21    established or approved by the State Commission, is
22    displayed prominently at each location where frozen
23    desserts containing alcoholic liquor are made available to
24    the public:
25        "THIS AREA CONTAINS FROZEN DESSERTS CONTAINING
26    ALCOHOLIC LIQUOR. The sale of frozen desserts containing

 

 

SB3570- 14 -LRB103 36680 RPS 66790 b

1    alcoholic liquor to individuals under the age of 21 years
2    is prohibited.
3        The frozen desserts containing alcoholic liquor in
4    this area contain alcohol up to 5% by volume.
5        NOTICE: Frozen desserts containing alcoholic liquor
6    contain alcohol used as a flavoring and, as with any
7    product that contains alcohol:
8            (1) women should not consume alcohol during
9        pregnancy because of the risk of birth defects; and
10            (2) consumption of alcohol impairs your ability to
11        drive a car or operate machinery and may cause health
12        problems. IT IS A VIOLATION PUNISHABLE UNDER LAW FOR
13        ANY PERSON UNDER THE AGE OF 21 TO PRESENT ANY WRITTEN
14        EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT, OR NOT
15        ACTUALLY HIS OR HER OWN FOR THE PURPOSE OF ATTEMPTING
16        TO PURCHASE FROZEN DESSERTS CONTAINING ALCOHOLIC
17        LIQUOR.".
18    (c) No person shall sell at retail individual servings of
19frozen desserts containing alcoholic liquor for consumption on
20the premises, unless the following statements are prominently
21displayed on the printed menu (or, if no printed menus are
22used, on the menu board or sign setting forth the bill of fare)
23immediately adjacent to the listing of the item or items of
24frozen desserts containing alcoholic liquor:
25        "(1) The sale of this product to individuals under the
26    age of 21 years is prohibited.

 

 

SB3570- 15 -LRB103 36680 RPS 66790 b

1        (2) This product is made with (insert whichever is
2    applicable: liquor, wine, beer, cider, or a combination
3    thereof) and contains alcohol up to 5% by volume.
4        (3) NOTICE: This product contains alcohol used as
5    flavoring and, as with any product that contains alcohol:
6            (A) women should not consume alcohol during
7        pregnancy because of the risk of birth defects; and
8            (B) consumption of alcohol impairs your ability to
9        drive a car or operate machinery and may cause health
10        problems.".
11    (d) No manufacturer or distributor of frozen desserts
12containing alcoholic liquor shall sell such product to a
13person intending to sell at retail individual servings of
14frozen desserts containing alcoholic liquor or packages of
15frozen desserts containing alcoholic liquor for consumption
16off the premises, unless, with each shipment, the manufacturer
17or distributor provides:
18        (1) a written notice that individual servings of
19    frozen desserts containing alcoholic liquor or packages of
20    frozen desserts containing alcoholic liquor may be sold at
21    retail only if the retailer complies with all of the
22    requirements set forth in subsection (b); and
23        (2) a written copy of the requirements set forth in
24    subsection (b).
25    (d) Frozen desserts containing alcoholic liquor are
26subject to all applicable food safety laws, rules, standards,

 

 

SB3570- 16 -LRB103 36680 RPS 66790 b

1and requirements, including, but not limited to, the
2provisions of the Illinois Food, Drug and Cosmetic Act.
 
3    Section 10. The Illinois Food, Drug and Cosmetic Act is
4amended by changing Section 10 as follows:
 
5    (410 ILCS 620/10)  (from Ch. 56 1/2, par. 510)
6    Sec. 10. A food is adulterated - (a) (1) If it bears or
7contains any poisonous or deleterious substance which may
8render it injurious to health; but in case the substance is not
9an added substance such food shall not be considered
10adulterated under this clause if the quantity of such
11substance in such food does not ordinarily render it injurious
12to health; or (2) (A) if it bears or contains any added
13poisonous or added deleterious substance other than one which
14is (i) a pesticide chemical in or on a raw agricultural
15commodity; (ii) a food additive; or (iii) a color additive
16which is unsafe within the meaning of subsection (a) of
17Section 13; or (iv) a new animal drug which is unsafe within
18the meaning of Section 14; or (B) if it is a raw agricultural
19commodity and it bears or contains a pesticide chemical which
20is unsafe within the meaning of Section 408 (a) of the Federal
21Act as amended; or (C) if it is or it bears or contains, any
22food additive which is unsafe within the meaning of Section
23409 of the Federal Act as amended; provided that where a
24pesticide chemical has been used in or on a raw agricultural

 

 

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1commodity in conformity with an exemption granted or tolerance
2prescribed under Section 408 of the Federal Act and such raw
3agricultural commodity has been subjected to processing such
4as canning, cooking, freezing, dehydrating or milling, the
5residue of such pesticide chemical remaining in or on such
6processed food shall, notwithstanding the provisions of
7Section 13 and Clause (C) of this Section not be deemed unsafe
8if such residue in or on the raw agricultural commodity has
9been removed to the extent possible in good manufacturing
10practice, and the concentration of such residue in the
11processed food when ready-to-eat, is not greater than the
12tolerance prescribed for the raw agricultural commodity; or
13(D) if it is, or it bears or contains, a new animal drug (or
14conversion product thereof) which is unsafe within the meaning
15of Section 512 of the Federal Act; or (3) if it consists in
16whole or in part of a diseased, contaminated, filthy, putrid
17or decomposed substance, or if it is otherwise unfit for food;
18or (4) if it has been produced, prepared, packed or held under
19unsanitary conditions whereby it may have become contaminated
20with filth or whereby it may have been rendered diseased,
21unwholesome or injurious to health; or (5) if it is, in whole
22or in part, the product of a diseased animal or an animal which
23has died otherwise than by slaughter, or that has been fed upon
24the uncooked offal from a slaughterhouse; or (6) if its
25container is composed, in whole or in part, of any poisonous or
26deleterious substance which may render the contents injurious

 

 

SB3570- 18 -LRB103 36680 RPS 66790 b

1to health; or (7) if it has been intentionally subjected to
2radiation unless the use of the radiation was in conformity
3with a regulation or exemption in effect pursuant to Section
413 of this Act or Section 409 of the Federal Act.
5    (b) (1) If any valuable constituent has been in whole or in
6part omitted or abstracted therefrom; or (2) if any substance
7has been substituted wholly or in part therefor; or (3) if
8damage or inferiority has been concealed in any manner; or (4)
9if any substance has been added thereto or mixed or packed
10therewith so as to increase its bulk or weight or reduce its
11quality or strength or make it appear better or of greater
12value than it is.
13    (c) If it is confectionery, ice cream, or frozen dessert
14and it bears or contains any alcohol; however, this subsection
15shall not apply to any confectionery, ice cream, or frozen
16dessert by reason of its containing less than 5% by volume of
17alcohol.
18    (d) If it is or bears or contains any color additive which
19is unsafe within the meaning of Section 706(a) of the Federal
20Act.
21    (e) If its packaging or labeling is in violation of an
22applicable regulation issued pursuant to Section 3, 4 or 5 of
23the Illinois Poison Prevention Packaging Act.
24    (f) If it is an adulterated egg or egg product pursuant to
25Section 3.1 of the "Illinois Egg and Egg Products Act".
26(Source: P.A. 85-179.)