HB0133 99TH GENERAL ASSEMBLY

LRB099 03488 JLK 23496 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0133

Introduced , by Rep. André M. Thapedi

SYNOPSIS AS INTRODUCED:

410 ILCS 620/12.2 new

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.

A BILL FOR

AN ACT concerning public health.

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 12.2 as follows:

(410 ILCS 620/12.2 new)

Sec. 12.2. Labeling; seafood.

(a) In this Section:

"Common name" means the common name for any seafood species identified in the Seafood List issued by the federal Food and Drug Administration.

"Processed" means having underwent cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or any manufacturing, and includes packaging, canning, jarring, or otherwise enclosing food in a container.

(b) Any label of fresh, frozen, or processed fish or shellfish, wild or farm raised, offered for sale at wholesale or retail shall clearly identify all of the following information:

(1) The species of fish or shellfish by its common name.

(2) Whether the fish or shellfish was farm raised or wild caught.

(3) Whether the fish or shellfish was caught domestically or imported.

(c) It shall constitute misbranding for any person to knowingly sell or offer for sale any fish or shellfish that is labeled in violation of subsection (b) of this Section. For the purposes of this subsection (c), knowledge shall be presumed if the person fails to provide sufficient product documentation that demonstrates the fish or shellfish was labeled in violation of subsection (b) of this Section when the person received the fish or shellfish. The presumption established under this subsection (c) is a presumption affecting the burden of proof.

(d) A retail food facility that sells or offers for sale any fresh, frozen, or processed fish or shellfish, wild or farm raised, shall identify and label the species of fish or shellfish by its common name for the consumer at the point of sale, so that the consumer can make an informed purchase decision. It is unlawful for a retail food facility to knowingly misidentify or misbrand the species of fish or shellfish in violation of this subsection (d).

(e) 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 either of the following:

(1) The country of origin of the fish or shellfish.

(2) Whether the fish or shellfish was farm raised or wild caught.

This subsection (e) does not require a retail food facility that sells or offers for sale any fresh, frozen, or processed fish or shellfish to identify either the country of origin or whether the fish or shellfish was farm raised or wild caught.

For the purposes of this subsection (e), knowledge shall be presumed if the retail food facility fails to provide sufficient product documentation that demonstrates the fish or shellfish was identified and labeled in violation of this Section when the retail food facility received the fish or shellfish. The presumption established by this subsection (e) is a presumption affecting the burden of proof.