Illinois General Assembly - Full Text of SB0312
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Full Text of SB0312  100th General Assembly


Sen. Emil Jones, III

Filed: 5/9/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 312 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Food, Drug and Cosmetic Act is
5amended by adding Section 21.4 as follows:
6    (410 ILCS 620/21.4 new)
7    Sec. 21.4. Catfish labeling.
8    (a) As used in this Section:
9    "Catfish" means any species within the family Ictaluridae.
10    "Menu" means any form from which a customer is offered food
11and beverage, including, but not limited to, traditional
12printed listings, white boards, chalkboards, and buffet
14    "Similar fish" means species of fish similar to catfish,
15but within the families of Siluridae, Clariidae, and



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1    (b) A restaurant shall not label a menu item as containing
2catfish unless the item contains catfish.
3    (c) An individual may file a complaint alleging a violation
4of subsection (b) of this Section with the Department of Public
5Health or a local health department. The complaint must include
6a copy, electronic copy, or photograph of the menu. After
7receiving a complaint that meets the requirements of this
8subsection, the Department of Public Health or local health
9department shall notify the restaurant in writing that there
10has been a complaint alleging a violation of subsection (b).
11The notice must include information concerning the penalties
12for violating this Section.
13    If the Department of Public Health or a local health
14department receives 2 separate complaints for a restaurant that
15meet the requirements of this subsection, then the Department
16of Public Health or local health department shall inspect the
17menu, books, records, and inventory of the restaurant to
18determine whether, in the Department of Public Health's or
19local health department's discretion, the item advertised on
20the restaurant's menu is consistent with the books, records,
21and inventory of the restaurant.
22    (d) If a restaurant is found to be in violation of this
23Section following an inspection under subsection (c) of this
24Section for the first time, then the Department of Public
25Health or local health department shall: (1) notify the
26restaurant in writing that the restaurant must correct the



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1mislabeling within 14 days after receiving the notice and (2)
2impose a $250 fine upon the restaurant.
3    The Department of Public health or local health department
4shall impose a $1,000 fine upon a restaurant found to be in
5violation of this Section a second time.
6    For a restaurant found to be in violation of this Section a
7third or subsequent time, the Department of Public Health or
8local health department shall (1) impose a $5,000 fine, (2)
9suspend the restaurant's license, or (3) both.
10    (e) A restaurant found to be incorrectly labeling a menu
11item as containing catfish shall not be held liable for a
12violation of this Section by reason of the conduct of another
13if the restaurant relied on the designation provided by the
14restaurant's supplier, unless the restaurant willfully
15disregarded information establishing that the designation was
17    If a restaurant's records indicate that it has purchased
18both catfish and similar fish from its suppliers and the
19restaurant labels an item on its menu as containing a similar
20fish, then the restaurant shall not be held liable for a
21violation of this Section.
22    (f) The Department of Public Health may adopt any rules
23necessary to implement this Section.
24    Section 99. Effective date. This Act takes effect July 1,