Rep. Jonathan Carroll

Filed: 3/22/2019





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2    AMENDMENT NO. ______. Amend House Bill 2123 by replacing
3everything after the enacting clause with the following:
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



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2    (e) If in package form, unless it bears a label containing
3(1) the name and place of business of the manufacturer, packer
4or distributor; and (2) an accurate statement of the quantity
5of the contents in terms of weight, measure or numerical count.
6However, under paragraph (2) of this subsection reasonable
7variations shall be permitted and exemptions as to small
8packages which shall be established by regulations prescribed
9by the Director.
10    (f) If any word, statement or other information required by
11or under authority of this Act to appear on the label or
12labeling is not prominently placed thereon with such
13conspicuousness (as compared with other words, statements,
14designs or devices, in the labeling) and in such terms as to
15render it likely to be read and understood by the ordinary
16individual under customary conditions of purchase and use.
17    (g) If it purports to be or is represented as a food for
18which a definition and standard of identity has been prescribed
19by regulations as provided by Section 9, unless (1) it conforms
20to such definition and standard, and (2) its label bears the
21name of the food specified in the definition and standard and,
22in so far as may be required by such regulations, the common
23names of optional ingredients (other than spices, flavoring and
24coloring) present in such food.
25    (h) If it purports to be or is represented as:
26    (1) a food for which a standard of quantity has been



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



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1for such uses.
2    (k) If it bears or contains any artificial flavoring,
3artificial coloring or chemical preservative, unless it bears
4labeling stating that fact. However, to the extent that
5compliance with the requirements of this paragraph is
6impracticable, exemptions shall be established by regulations
7promulgated by the Director. This subsection and subsections
8(g) and (i) with respect to artificial coloring do not apply to
9butter, cheese or ice cream. This subsection with respect to
10chemical preservatives does not apply to a pesticide chemical
11when used in or on a raw agricultural commodity which is the
12produce of the soil.
13    (l) If it is a raw agricultural commodity for direct human
14consumption which is the produce of the soil, bearing or
15containing a pesticide chemical applied after harvest, unless
16the shipping container of such commodity bears labeling which
17declares the presence of such chemical in or on such commodity
18and the common usual name and the function of such chemical;
19provided, however, that no such declaration shall be required
20while such commodity, having been removed from the shipping
21container, is being held or displayed for sale at retail out of
22such container in accordance with the custom of the trade.
23    (m) If it is a product intended as an ingredient of another
24food and when used according to the directions of the purveyor
25will result in the final food product being adulterated or



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1    (n) If it is a color additive unless its packaging and
2labeling are in conformity with such packaging and labeling
3requirements applicable to such color additive prescribed
4under Section 706 of the Federal Act.
5    (o) If a meat or meat food product or poultry or poultry
6food product has been frozen prior to sale unless when offered
7for sale, the package, container or wrapping bears, in type of
8uniform size and prominence, the words "previously frozen" so
9as to be readable and understood by the general public except
10that this subsection does not apply to products mentioned
11herein which are precooked and packaged in hermetically sealed
13    (p) If its labeling includes the word "honey" or the term
14"imitation honey" and the product is not pure honey
15manufactured by honeybees.
16    (q) If it contains saccharin, unless its label and labeling
17and retail display comply with the requirements of Sections
18403(o) and 403(p) of the Federal Act.
19    (r) If it contains saccharin and is offered for sale, but
20not for immediate consumption, at a retail establishment,
21unless such retail establishment displays prominently, where
22such food is held for sale, notice (provided by the
23manufacturer of such food pursuant to the Federal Act) for
24consumers respecting the information required by subsection
25(q) to be on food labels and labeling.
26    (s) If it contains sesame, is offered for sale in package



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1form but not for immediate consumption, and the label does not
2include sesame.
3(Source: P.A. 84-891.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".