Bill Text: IL HB2123 | 2019-2020 | 101st General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Food, Drug and Cosmetic Act. Provides that a food is misbranded if it contains sesame, is offered for sale in package form but not for immediate consumption, and the label does not include sesame.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2019-07-26 - Public Act . . . . . . . . . 101-0129 [HB2123 Detail]

Download: Illinois-2019-HB2123-Enrolled.html

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AN ACT concerning 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 changing Section 11 as follows:
(410 ILCS 620/11) (from Ch. 56 1/2, par. 511)
Sec. 11. A food is misbranded: -
(a) If its labeling is false or misleading in any
particular.
(b) If it is offered for sale under the name of another
food.
(c) If it is an imitation of another food other than honey,
unless its label bears, in type of uniform size and prominence,
the word "imitation" and, immediately thereafter, the name of
the food imitated.
(d) If its container is so made, formed or filled as to be
misleading.
(e) If in package form, unless it bears a label containing
(1) the name and place of business of the manufacturer, packer
or distributor; and (2) an accurate statement of the quantity
of the contents in terms of weight, measure or numerical count.
However, under paragraph (2) of this subsection reasonable
variations shall be permitted and exemptions as to small

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packages which shall be established by regulations prescribed
by the Director.
(f) If any word, statement or other information required by
or under authority of this Act to appear on the label or
labeling is not prominently placed thereon with such
conspicuousness (as compared with other words, statements,
designs or devices, in the labeling) and in such terms as to
render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
(g) If it purports to be or is represented as a food for
which a definition and standard of identity has been prescribed
by regulations as provided by Section 9, unless (1) it conforms
to such definition and standard, and (2) its label bears the
name of the food specified in the definition and standard and,
in so far as may be required by such regulations, the common
names of optional ingredients (other than spices, flavoring and
coloring) present in such food.
(h) If it purports to be or is represented as:
(1) a food for which a standard of quantity has been
prescribed by regulations as provided by Section 9 and its
quantity falls below such standard unless its label bears, in
such manner and form as such regulations specify, a statement
that it falls below such standard; or
(2) a food for which a standard or standards of fill of
container have been prescribed by regulation as provided by
Section 9 and it falls below the standard of fill of container

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applicable thereto, unless its label bears, in such manner and
form as such regulations specify, a statement that it falls
below such standard.
(i) If it is not subject to subsection (g) of this Section,
unless it bears labeling clearly giving (1) the common or usual
name of the food, if any there be, and (2) in case it is
fabricated from 2 or more ingredients, the common or usual name
of each such ingredient; except that spices, flavorings and
colorings, other than those sold as such, may be designated as
spices, flavorings and colorings, without naming each.
However, to the extent that compliance with the requirements of
paragraph (2) of this subsection is impractical or results in
deception or unfair competition, exemptions shall be
established by regulations promulgated by the Director.
(j) If it purports to be or is represented for special
dietary uses, unless its label bears such information
concerning its vitamin, mineral and other dietary properties as
the Director determines to be, and by regulations prescribes as
necessary in order to fully inform purchasers as to its value
for such uses.
(k) If it bears or contains any artificial flavoring,
artificial coloring or chemical preservative, unless it bears
labeling stating that fact. However, to the extent that
compliance with the requirements of this paragraph is
impracticable, exemptions shall be established by regulations
promulgated by the Director. This subsection and subsections

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(g) and (i) with respect to artificial coloring do not apply to
butter, cheese or ice cream. This subsection with respect to
chemical preservatives does not apply to a pesticide chemical
when used in or on a raw agricultural commodity which is the
produce of the soil.
(l) If it is a raw agricultural commodity for direct human
consumption which is the produce of the soil, bearing or
containing a pesticide chemical applied after harvest, unless
the shipping container of such commodity bears labeling which
declares the presence of such chemical in or on such commodity
and the common usual name and the function of such chemical;
provided, however, that no such declaration shall be required
while such commodity, having been removed from the shipping
container, is being held or displayed for sale at retail out of
such container in accordance with the custom of the trade.
(m) If it is a product intended as an ingredient of another
food and when used according to the directions of the purveyor
will result in the final food product being adulterated or
misbranded.
(n) If it is a color additive unless its packaging and
labeling are in conformity with such packaging and labeling
requirements applicable to such color additive prescribed
under Section 706 of the Federal Act.
(o) If a meat or meat food product or poultry or poultry
food product has been frozen prior to sale unless when offered
for sale, the package, container or wrapping bears, in type of

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uniform size and prominence, the words "previously frozen" so
as to be readable and understood by the general public except
that this subsection does not apply to products mentioned
herein which are precooked and packaged in hermetically sealed
containers.
(p) If its labeling includes the word "honey" or the term
"imitation honey" and the product is not pure honey
manufactured by honeybees.
(q) If it contains saccharin, unless its label and labeling
and retail display comply with the requirements of Sections
403(o) and 403(p) of the Federal Act.
(r) If it contains saccharin and is offered for sale, but
not for immediate consumption, at a retail establishment,
unless such retail establishment displays prominently, where
such food is held for sale, notice (provided by the
manufacturer of such food pursuant to the Federal Act) for
consumers respecting the information required by subsection
(q) to be on food labels and labeling.
(s) If it contains sesame, is offered for sale in package
form but not for immediate consumption, and the label does not
include sesame.
(Source: P.A. 84-891.)
Section 99. Effective date. This Act takes effect upon
becoming law.