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| 1 | AN ACT concerning public health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Food, Drug and Cosmetic Act is | ||||||
| 5 | amended by adding Section 12.2 as follows: | ||||||
| 6 | (410 ILCS 620/12.2 new) | ||||||
| 7 | Sec. 12.2. Labeling; seafood. | ||||||
| 8 | (a) In this Section: | ||||||
| 9 | "Farm raised" means harvested in controlled | ||||||
| 10 | environments, whether ocean-ranched or penned, and | ||||||
| 11 | including harvested from leased beds that have been | ||||||
| 12 | subjected to production enhancements, such as providing | ||||||
| 13 | protection from predators, the addition of artificial | ||||||
| 14 | structures, or providing nutrients. | ||||||
| 15 | "Farm raised fish or shellfish" includes fillets, | ||||||
| 16 | steaks, nuggets, and any other flesh from farm raised fish | ||||||
| 17 | or shellfish. | ||||||
| 18 | "Market name" means the market name for
any seafood | ||||||
| 19 | species identified in the Seafood List issued by the
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| 20 | federal Food and Drug Administration. | ||||||
| 21 | "Wild caught" means naturally born or | ||||||
| 22 | hatchery-originated and released in the wild, and caught, | ||||||
| 23 | taken, or harvested from non-controlled waters or beds. | ||||||
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| 1 | "Wild caught fish or shellfish" includes fillets, | ||||||
| 2 | steaks, nuggets, and any other flesh from a wild caught | ||||||
| 3 | fish or wild caught shellfish. | ||||||
| 4 | (b) Any label of fresh or frozen fish or
shellfish, wild | ||||||
| 5 | caught or farm raised, offered for sale at wholesale or retail
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| 6 | shall clearly identify all of the following information: | ||||||
| 7 | (1) The species of fish or shellfish by its market | ||||||
| 8 | name. | ||||||
| 9 | (2) Whether the fish or shellfish was farm raised or | ||||||
| 10 | wild caught. | ||||||
| 11 | (3) Whether the fish or shellfish was caught | ||||||
| 12 | domestically or
imported. | ||||||
| 13 | (4) The country of origin of the fish or shellfish. | ||||||
| 14 | (c) It shall constitute misbranding
for any person to | ||||||
| 15 | knowingly sell or offer for sale any fish or
shellfish that is | ||||||
| 16 | labeled in violation of subsection (b) of this Section. For the | ||||||
| 17 | purposes of this subsection (c), knowledge shall be presumed
if | ||||||
| 18 | the person fails to provide sufficient product documentation | ||||||
| 19 | that
demonstrates the fish or shellfish was labeled in | ||||||
| 20 | violation of subsection (b) of this
Section when the person | ||||||
| 21 | received the fish or shellfish. The
presumption established | ||||||
| 22 | under this subsection (c) is a presumption affecting
the burden | ||||||
| 23 | of proof. | ||||||
| 24 | (d) A retail food facility that sells or offers for
sale | ||||||
| 25 | any fresh or frozen fish or shellfish, wild caught or farm | ||||||
| 26 | raised, shall identify and label the species of fish or | ||||||
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| 1 | shellfish by its market name for the consumer at the point of | ||||||
| 2 | sale, so that the consumer can
make an informed purchase | ||||||
| 3 | decision. It is unlawful for a retail
food facility to | ||||||
| 4 | knowingly misidentify or misbrand the species of fish or | ||||||
| 5 | shellfish
in violation of this subsection (d). | ||||||
| 6 | (e) A retail food facility that sells or offers for sale | ||||||
| 7 | any
fresh or frozen fish or shellfish, wild caught or farm | ||||||
| 8 | raised,
may not knowingly misidentify or misbrand either of the | ||||||
| 9 | following: | ||||||
| 10 | (1) The country of origin of the fish or shellfish. | ||||||
| 11 | (2) Whether the fish or shellfish was farm raised or | ||||||
| 12 | wild caught. | ||||||
| 13 | For the purposes of this subsection (e), knowledge shall be | ||||||
| 14 | presumed
if the retail food facility fails to provide | ||||||
| 15 | sufficient product
documentation that demonstrates the fish or | ||||||
| 16 | shellfish was identified
and labeled in violation of this | ||||||
| 17 | Section when the retail food facility
received the fish or | ||||||
| 18 | shellfish. The presumption established by this
subsection (e) | ||||||
| 19 | is a presumption affecting the burden of proof. | ||||||
| 20 | (f) A violation of this Section shall be punishable by a | ||||||
| 21 | fine to be determined by rule by the Department of Public | ||||||
| 22 | Health. | ||||||
| 23 | (g) This Section shall become operative 18 months after the | ||||||
| 24 | effective date of this amendatory Act of the 99th General | ||||||
| 25 | Assembly.
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