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92_SB0750eng SB750 Engrossed LRB9207942DJpr 1 AN ACT in relation to public health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Halal Food Act. 6 Section 5. Definitions. As used in this Act: 7 "Advertise" means to engage in promotional activities 8 including, but not limited to, newspaper, radio, Internet and 9 electronic media, and television advertising; the 10 distribution of fliers and circulars; and the display of 11 window and interior signs. 12 "Food", "food product", or "food commodity" means any 13 food, food product, or food preparation, whether raw or 14 prepared for human consumption, and whether in a solid or 15 liquid state, including, but not limited to, any meat, meat 16 product or meat preparation; any milk, milk product or milk 17 preparation; and any beverage. 18 "Food commodity in package form" means a food commodity 19 put up or packaged in any manner in advance of sale in units 20 suitable for retail sale and which is not intended for 21 consumption at the point of manufacture. 22 "Halal" means prepared under and maintained in strict 23 compliance with the laws and customs of the Islamic religion 24 including but not limited to those laws and customs of 25 zabiha/zabeeha (slaughtered according to appropriate Islamic 26 code), and as expressed by reliable recognized Islamic 27 entities and scholars. 28 Section 10. Deception prohibited. 29 (a) It is a Class B misdemeanor for any person to make 30 any oral or written statement that directly or indirectly SB750 Engrossed -2- LRB9207942DJpr 1 tends to deceive or otherwise lead a reasonable individual to 2 believe that a non-halal food or food product is halal. 3 (b) The presence of any non-halal food or food product 4 in any place of business that advertises or represents itself 5 in any manner as selling, offering for sale, preparing, or 6 serving halal food or food products only, is presumptive 7 evidence that the person in possession offers the food or 8 food product for sale in violation of subsection (a). 9 (c) It shall be a complete defense to a prosecution 10 under subsection (a) that the defendant relied in good faith 11 upon the representations of an animals' farm, slaughterhouse, 12 manufacturer, processor, packer, or distributor, or any 13 person or organization which certifies or represents any food 14 or food product at issue to be halal or as having been 15 prepared under or sanctioned by Islamic religious 16 requirements. 17 Section 15. Other offenses concerning halal food. It is 18 a Class B misdemeanor for any person to: 19 (1) falsely represent any animal sold, grown, or 20 offered for sale to be grown in a halal way to become 21 food for human consumption; 22 (2) falsely represent any food sold, prepared, 23 served, or offered for sale to be halal; 24 (3) remove or destroy, or cause to be removed or 25 destroyed, the original means of identification affixed 26 to food commodities to indicate that the food commodities 27 are halal, except that this paragraph (3) may not be 28 construed to prevent the removal of the identification if 29 the commodity is offered for sale as non-halal; 30 (4) sell, dispose of, or have in his or her 31 possession for the purpose of resale as halal any food 32 commodity to which an animals' farm or slaughterhouse 33 mark, stamp, tag, brand, label, or other means of SB750 Engrossed -3- LRB9207942DJpr 1 identification has been fraudulently attached; 2 (5) label or identify a food commodity in package 3 form to be halal or possess such labels or means of 4 identification, unless he or she is the manufacturer or 5 packer of the food commodity in package form; 6 (6) label or identify an article of food not in 7 package form to be halal or possess such labels or other 8 means of identification, unless he or she is the 9 manufacturer of the article of food; 10 (7) falsely label any food commodity in package 11 form as halal by having or permitting to be inscribed on 12 it, in any language, the words "halal" or "helal", or any 13 other words or symbols, not limited to characters in 14 Arabic writing, which would tend to deceive or otherwise 15 lead a reasonable individual to believe that the 16 commodity is halal; 17 (8) sell, offer for sale, prepare, or serve in or 18 from the same place of business both unpackaged non-halal 19 food and unpackaged food he or she represents to be halal 20 unless he or she posts a window sign at the entrance of 21 his or her establishment which states in block letters at 22 least 4 inches in height: "Halal and Non-Halal Foods Sold 23 Here", or "Halal and Non-Halal Foods Served Here", or a 24 statement of similar import; 25 (9) sell or have in his or her possession for the 26 purpose of resale as halal any food commodity not having 27 affixed thereto the original animals' farm or 28 slaughterhouse mark, stamp, tag, brand, label, or other 29 means of identification employed to indicate that the 30 food commodity is halal; or 31 (10) display for sale, in the same show window or 32 other location on or in his or her place of business, 33 both unpackaged food represented to be halal and 34 unpackaged non-halal food unless he or she: SB750 Engrossed -4- LRB9207942DJpr 1 (A) displays over the halal and non-halal food 2 signs that read, in clearly visible block letters, 3 "halal food" and "non-halal food", respectively, or, 4 as to the display of meat alone, "halal meat" and 5 "non-halal meat", respectively; 6 (B) separates the halal food products from the 7 non-halal food products by keeping the products in 8 separate display cabinets, or by segregating halal 9 items from non-halal items by use of clearly visible 10 dividers; and 11 (C) slices or otherwise prepares the halal 12 food products for sale with utensils used solely for 13 halal food items. 14 Section 90. The Consumer Fraud and Deceptive Business 15 Practices Act is amended by adding Section 2KK as follows: 16 (815 ILCS 505/2KK new) 17 Sec. 2KK. Halal food; disclosure. 18 (a) As used in this Section: 19 "Dealer" means any establishment that advertises, 20 represents, or holds itself out as growing animals in a halal 21 way or selling, preparing, or maintaining food as halal, 22 including, but not limited to, manufacturers, animals' farms, 23 slaughterhouses, wholesalers, stores, restaurants, hotels, 24 catering facilities, butcher shops, summer camps, bakeries, 25 delicatessens, supermarkets, grocery stores, licensed health 26 care facilities, freezer dealers, and food plan companies. 27 These establishments may also sell, prepare or maintain food 28 not represented as halal. 29 "Director" means the Director of Agriculture. 30 "Food" means an animal grown to become food for human 31 consumption, a food, a food product, a food ingredient, a 32 dietary supplement, or a beverage. SB750 Engrossed -5- LRB9207942DJpr 1 "Halal" means prepared under and maintained in strict 2 compliance with the laws and customs of the Islamic religion 3 including but not limited to those laws and customs of 4 zabiha/zebeeha (slaughtered according to approrpriate Islamic 5 codes), and as expressed by reliable recognized Islamic 6 entities and scholars. 7 (b) Any dealer who grows animals represented to be grown 8 in a halal way or who prepares, distributes, sells, or 9 exposes for sale any food represented to be halal shall 10 disclose the basis upon which those representations are made 11 by posting the information required by the Director, in 12 accordance with rules adopted by the Director, on a sign of a 13 type and size specified by the Director, in a conspicuous 14 place upon the premises at which the food is sold or exposed 15 for sale, as required by the Director. 16 (c) Any person subject to the requirements of subsection 17 (b) does not commit an unlawful practice if the person shows 18 by a preponderance of the evidence that the person relied in 19 good faith upon the representations of an animals' farm, 20 slaughterhouse, manufacturer, processor, packer, or 21 distributor of any food represented to be halal. 22 (d) Possession by a dealer of any animal grown to become 23 food for consumption or any food not in conformance with the 24 disclosure required by subsection (b) with respect to that 25 food is presumptive evidence that the person is in possession 26 of that food with the intent to sell. 27 (e) Any dealer who grows animals represented to be grown 28 in a halal way or who prepares, distributes, sells, or 29 exposes for sale any food represented to be halal shall 30 comply with all requirements of the Director, including, but 31 not limited to, recordkeeping, labeling and filing, in 32 accordance with rules adopted by the Director. 33 (f) Neither an animal represented to be grown in a halal 34 way to become food for human consumption, nor a food SB750 Engrossed -6- LRB9207942DJpr 1 commodity represented as halal, may be offered for sale by a 2 dealer until the dealer has registered documenting 3 information of the certifying Islamic entity specialized in 4 halal food or the supervising Muslim Inspector of Halal Food 5 with the Director. 6 (g) The Director shall adopt rules to carry out this 7 Section in accordance with the Illinois Administrative 8 Procedure Act. 9 (h) It is an unlawful practice under this Act to violate 10 this Section or the rules adopted by the Director to carry 11 out this Section.