HB4978 93RD GENERAL ASSEMBLY

LRB093 20835 RXD 46760 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4978

Introduced 02/05/04, by Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

410 ILCS 620/3.23 new
410 ILCS 620/5	from Ch. 56 1/2, par. 505

Amends the Illinois Food, Drug and Cosmetic Act. Provides that if the packaging for a food containing gluten does not provide a label warning of the presence of gluten in the food, the retailer of the food must place a warning sign regarding the presence of gluten on the shelf or in close proximity to the food product. Provides for civil penalties for violations.

FISCAL NOTE ACT MAY APPLY

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 3.23 and changing Section 5 as follows:

(410 ILCS 620/3.23 new)

Sec. 3.23. Gluten warning. If the packaging for a food containing gluten does not provide a label warning of the presence of gluten in the food, a person who sells that food at retail must place a warning sign regarding the presence of gluten on the shelf or in close proximity to the food. The warning sign shall be in the following form: "This food product may contain gluten, whether naturally occurring or added, to which some people may be allergic.". The Department of Public Health shall enforce this Section. The Department shall issue a warning to any person who violates this Section for the first time at a retail establishment. For any subsequent violation at the same retail establishment, the Department may impose a civil penalty against the person violating this Section in an amount not to exceed $500 for each day in which a violation occurs. The civil penalty imposed under this Section may not exceed $500 per day with respect to a single retail establishment, regardless of the number of violations found at the retail establishment.

(410 ILCS 620/5) (from Ch. 56 1/2, par. 505)

Sec. 5. (a) A person who violates any of the provisions of this Act, other than Sections 3.22, 3.23, and 6, is guilty of a Class C misdemeanor; but if the violation is committed after a conviction of such person under this Section has become final, the person shall be guilty of a Class A misdemeanor. A person who violates the provisions of Section 6 of this Act is guilty of a Class A misdemeanor; but if the violation is committed after a conviction of such person under this Section has become final, the person shall be guilty of a Class 4 felony.

(b) No person is subject to the penalties of subsection (a) of this Section for (1) violating Section 3.1 or 3.3 if he establishes a guaranty or undertaking signed by and containing the name and address of the person residing in the State of Illinois from whom he received the article in good faith, to the effect that the article is not adulterated or misbranded within the meaning of this Act, designating this Act; or (2) for having violated clause (2) of Section 3.16 if such person acted in good faith and had no reason to believe that the use of the punch, die, plate, stone or other thing involved would result in a drug being a counterfeit drug, or for having violated clause (3) of Section 3.16 if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit drug.

(c) No publisher, radio-broadcast licensee, agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates is liable under this Section for the dissemination of such false advertisement unless he has refused on the request of the Director to furnish the Director the name and post office address of the manufacturer, packer, distributor, seller or advertising agency residing in the State of Illinois who causes him to disseminate such advertisement.

(d) No person shall be subject to the penalties of subsection (a) of this Section for a violation of Section 3 involving misbranded food if the violation exists solely because the food is misbranded under subsection (c) of Section 11 because of its advertising, and no person shall be subject to the penalties of subsection (a) of this Section for such a violation unless the violation is committed with the intent to defraud or mislead.

(Source: P.A. 86-704; 87-754.)