Illinois General Assembly - Full Text of HB2123
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Full Text of HB2123  101st General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Food, Drug and Cosmetic Act is
5amended by changing Section 11 as follows:
6    (410 ILCS 620/11)  (from Ch. 56 1/2, par. 511)
7    Sec. 11. A food is misbranded: -
8    (a) If its labeling is false or misleading in any
10    (b) If it is offered for sale under the name of another
12    (c) If it is an imitation of another food other than honey,
13unless its label bears, in type of uniform size and prominence,
14the word "imitation" and, immediately thereafter, the name of
15the food imitated.
16    (d) If its container is so made, formed or filled as to be
18    (e) If in package form, unless it bears a label containing
19(1) the name and place of business of the manufacturer, packer
20or distributor; and (2) an accurate statement of the quantity
21of the contents in terms of weight, measure or numerical count.
22However, under paragraph (2) of this subsection reasonable
23variations shall be permitted and exemptions as to small



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1packages which shall be established by regulations prescribed
2by the Director.
3    (f) If any word, statement or other information required by
4or under authority of this Act to appear on the label or
5labeling is not prominently placed thereon with such
6conspicuousness (as compared with other words, statements,
7designs or devices, in the labeling) and in such terms as to
8render it likely to be read and understood by the ordinary
9individual under customary conditions of purchase and use.
10    (g) If it purports to be or is represented as a food for
11which a definition and standard of identity has been prescribed
12by regulations as provided by Section 9, unless (1) it conforms
13to such definition and standard, and (2) its label bears the
14name of the food specified in the definition and standard and,
15in so far as may be required by such regulations, the common
16names of optional ingredients (other than spices, flavoring and
17coloring) present in such food.
18    (h) If it purports to be or is represented as:
19    (1) a food for which a standard of quantity has been
20prescribed by regulations as provided by Section 9 and its
21quantity falls below such standard unless its label bears, in
22such manner and form as such regulations specify, a statement
23that it falls below such standard; or
24    (2) a food for which a standard or standards of fill of
25container have been prescribed by regulation as provided by
26Section 9 and it falls below the standard of fill of container



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1applicable thereto, unless its label bears, in such manner and
2form as such regulations specify, a statement that it falls
3below such standard.
4    (i) If it is not subject to subsection (g) of this Section,
5unless it bears labeling clearly giving (1) the common or usual
6name of the food, if any there be, and (2) in case it is
7fabricated from 2 or more ingredients, the common or usual name
8of each such ingredient; except that spices, flavorings and
9colorings, other than those sold as such, may be designated as
10spices, flavorings and colorings, without naming each.
11However, to the extent that compliance with the requirements of
12paragraph (2) of this subsection is impractical or results in
13deception or unfair competition, exemptions shall be
14established by regulations promulgated by the Director.
15    (j) If it purports to be or is represented for special
16dietary uses, unless its label bears such information
17concerning its vitamin, mineral and other dietary properties as
18the Director determines to be, and by regulations prescribes as
19necessary in order to fully inform purchasers as to its value
20for such uses.
21    (k) If it bears or contains any artificial flavoring,
22artificial coloring or chemical preservative, unless it bears
23labeling stating that fact. However, to the extent that
24compliance with the requirements of this paragraph is
25impracticable, exemptions shall be established by regulations
26promulgated by the Director. This subsection and subsections



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1(g) and (i) with respect to artificial coloring do not apply to
2butter, cheese or ice cream. This subsection with respect to
3chemical preservatives does not apply to a pesticide chemical
4when used in or on a raw agricultural commodity which is the
5produce of the soil.
6    (l) If it is a raw agricultural commodity for direct human
7consumption which is the produce of the soil, bearing or
8containing a pesticide chemical applied after harvest, unless
9the shipping container of such commodity bears labeling which
10declares the presence of such chemical in or on such commodity
11and the common usual name and the function of such chemical;
12provided, however, that no such declaration shall be required
13while such commodity, having been removed from the shipping
14container, is being held or displayed for sale at retail out of
15such container in accordance with the custom of the trade.
16    (m) If it is a product intended as an ingredient of another
17food and when used according to the directions of the purveyor
18will result in the final food product being adulterated or
20    (n) If it is a color additive unless its packaging and
21labeling are in conformity with such packaging and labeling
22requirements applicable to such color additive prescribed
23under Section 706 of the Federal Act.
24    (o) If a meat or meat food product or poultry or poultry
25food product has been frozen prior to sale unless when offered
26for sale, the package, container or wrapping bears, in type of



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1uniform size and prominence, the words "previously frozen" so
2as to be readable and understood by the general public except
3that this subsection does not apply to products mentioned
4herein which are precooked and packaged in hermetically sealed
6    (p) If its labeling includes the word "honey" or the term
7"imitation honey" and the product is not pure honey
8manufactured by honeybees.
9    (q) If it contains saccharin, unless its label and labeling
10and retail display comply with the requirements of Sections
11403(o) and 403(p) of the Federal Act.
12    (r) If it contains saccharin and is offered for sale, but
13not for immediate consumption, at a retail establishment,
14unless such retail establishment displays prominently, where
15such food is held for sale, notice (provided by the
16manufacturer of such food pursuant to the Federal Act) for
17consumers respecting the information required by subsection
18(q) to be on food labels and labeling.
19    (s) If it contains sesame, is offered for sale in package
20form but not for immediate consumption, and the label does not
21include sesame.
22(Source: P.A. 84-891.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.