HB0133eng 99TH GENERAL ASSEMBLY

HB0133 Engrossed LRB099 03488 JLK 23496 b

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:

"Farm raised" means harvested in controlled environments, whether ocean-ranched or penned, and including harvested from leased beds that have been subjected to production enhancements, such as providing protection from predators, the addition of artificial structures, or providing nutrients.

"Farm raised fish or shellfish" includes fillets, steaks, nuggets, and any other flesh from farm raised fish or shellfish.

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

"Wild caught" means naturally born or hatchery-originated and released in the wild, and caught, taken, or harvested from non-controlled waters or beds.

"Wild caught fish or shellfish" includes fillets, steaks, nuggets, and any other flesh from a wild caught fish or wild caught shellfish.

(b) Any label of fresh or frozen fish or shellfish, wild caught 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 market name.

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

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

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

(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 or frozen fish or shellfish, wild caught or farm raised, shall identify and label the species of fish or shellfish by its market 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 or frozen fish or shellfish, wild caught 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.

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.

(f) A violation of this Section shall be punishable by a fine to be determined by rule by the Department of Public Health.

(g) This Section shall become operative 18 months after the effective date of this amendatory Act of the 99th General Assembly.