Bill Text: IL HB3291 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Illinois Commercial Feed Act of 1961. Removes a requirement that each commercial feed shall be registered before being distributed in this State. Provides that, to facilitate continued access to markets for feed and feed ingredients, the Director may inspect, audit, or certify commercial feed manufacturer or distributer facilities at the request of the manufacturer or distributor and issue certificates of export from the State. Establishes new requirements for labeling and authorizes the Director to perform label review. Makes changes concerning inspections and fees. Establishes new prohibitions under the Act. Establishes new criteria to consider commercial feed as adulterated. Alphabetizes definitions. Defines "labeling", "pet", "quantity statement", and "raw milk". Makes other changes. Effective January 1, 2016.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-16 - Tabled [HB3291 Detail]

Download: Illinois-2015-HB3291-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3291 Introduced , by Rep. Patrick J. Verschoore SYNOPSIS AS INTRODUCED:
505 ILCS 30/3 from Ch. 56 1/2, par. 66.3
505 ILCS 30/4 from Ch. 56 1/2, par. 66.4
505 ILCS 30/4.5 new
505 ILCS 30/5 from Ch. 56 1/2, par. 66.5
505 ILCS 30/5.5 new
505 ILCS 30/6 from Ch. 56 1/2, par. 66.6
505 ILCS 30/7 from Ch. 56 1/2, par. 66.7
505 ILCS 30/9 from Ch. 56 1/2, par. 66.9
505 ILCS 30/11 from Ch. 56 1/2, par. 66.11
505 ILCS 30/11.1 from Ch. 56 1/2, par. 66.11-1
505 ILCS 30/12 from Ch. 56 1/2, par. 66.12
505 ILCS 30/13 from Ch. 56 1/2, par. 66.13
505 ILCS 30/14.1 from Ch. 56 1/2, par. 66.14.1
505 ILCS 30/14.2 from Ch. 56 1/2, par. 66.14.2
505 ILCS 30/14.3 from Ch. 56 1/2, par. 66.14.3
Amends the Illinois Commercial Feed Act of 1961. Removes a requirement that each commercial feed shall be registered before being distributed in this State. Provides that, to facilitate continued access to markets for feed and feed ingredients, the Director may inspect, audit, or certify commercial feed manufacturer or distributer facilities at the request of the manufacturer or distributor and issue certificates of export from the State. Establishes new requirements for labeling and authorizes the Director to perform label review. Makes changes concerning inspections and fees. Establishes new prohibitions under the Act. Establishes new criteria to consider commercial feed as adulterated. Alphabetizes definitions. Defines "labeling", "pet", "quantity statement", and "raw milk". Makes other changes. Effective January 1, 2016.
LRB099 08016 MGM 28158 b
A BILL FOR
HB3291 LRB099 08016 MGM 28158 b
AN ACT concerning agriculture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Commercial Feed Act of 1961 is
amended by changing Sections 3, 4, 5, 6, 7, 9, 11, 11.1, 12,
13, 14.1, 14.2, and 14.3 and by adding Sections 4.5 and 5.5 as
follows:
(505 ILCS 30/3) (from Ch. 56 1/2, par. 66.3)
Sec. 3. Definitions of words and terms. When used in this
Act unless the context otherwise requires:
"Animal" means any living creature, domestic or wild, but
does not include man.
"Brand name" means any word, name, symbol, device, or any
combination thereof, identifying the commercial feed of a
distributor or manufacturer and distinguishing it from that of
others.
"Commercial feed" means all materials, including customer
formula feeds, which are distributed for use as feed, or
labeled with a guaranteed analysis for use as feed, or for
mixing in feed for birds or animals other than man except:
(1) Whole unmixed seed or grain or physically altered
entire unmixed seed or grain, providing such seed or grain
is not adulterated within the meaning of Section 7 of this

HB3291 - 2 - LRB099 08016 MGM 28158 b
Act.
(2) Unground hay, straw, stover, silage, cobs, husks
and hulls when not mixed with other materials and not
adulterated within the meaning of Section 7 of this Act.
(3) Individual chemical compounds when not mixed with
other materials and not adulterated within the meaning of
Section 7 of this Act.
"Contract feeder" means a person who, as an independent
contractor, feeds commercial feed to animals pursuant to a
contract whereby such commercial feed is supplied, furnished or
otherwise provided to such person and whereby such person's
remuneration is determined all or in part by feed consumption,
mortality, profits or amount or quality of product.
"Customer-formula feed" means commercial feed which
consists of a mixture of commercial feeds and/or feed
ingredients each batch of which mixture is mixed according to
the specific instructions of the final purchaser.
"Department" means the Department of Agriculture of the
State of Illinois.
"Director" means the Director of the Department of
Agriculture of the State of Illinois or duly authorized
representative.
"Distribute" means to offer for sale, sell, exchange, give
away or barter commercial feed or to supply, furnish or
otherwise provide commercial feed to a contract feeder.
"Distributor" means any person who distributes.

HB3291 - 3 - LRB099 08016 MGM 28158 b
"Drug" means any article intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in
animals other than man and articles other than feed intended to
affect the structure or any function of the animal's body.
"Feed ingredient" means each of the constituent materials
making up a commercial feed.
"Grain" means corn, wheat, rye, oats, barley, flaxseed,
sorghum, soybeans, mixed grain, and any other food grains, feed
grains, and oilseeds for which standards are established under
the United States Grain Standards Act.
"Label" means a display of written, printed or graphic
matter upon or affixed to the container in which a commercial
feed is distributed, or on the invoice or delivery slip with
which a commercial feed or customer-formula feed is
distributed.
"Labeling" means all labels and other written, printed, or
graphic matter (1) upon a commercial feed or any of its
containers or wrapper or (2) accompanying such commercial feed.
"Manufacture" means to grind, mix or blend or further
process a commercial feed for distribution.
"Mineral feed" means a commercial feed intended to supply
primarily mineral elements or inorganic nutrients.
"Official sample" means any sample of feed taken by the
Director or his agent and designated as "Official" by the
Director or his agent.
"Person" means any individual, partnership, corporation

HB3291 - 4 - LRB099 08016 MGM 28158 b
and association.
"Per cent" or "percentage" means percentage by weight.
"Pet" means dog or cat.
"Pet food" means any commercial feed prepared and
distributed for consumption by dogs and cats.
"Product name" means the name of the commercial feed which
identifies it as to kind, class, or specific use.
"Quantity statement" means the net weight, liquid measure,
or count.
"Raw milk" means any milk or milk product, exclusive of
USDA licensed veterinary biologics, from any species other than
humans, that has not been pasteurized in accordance with
processes recognized by the United States Food and Drug
Administration.
"Seed" means agricultural, grass, vegetable or other seeds
as determined by the Department.
"Specialty pet" means any animal normally maintained in
confinement, including but not limited to, gerbils, hamsters,
birds, fish, snakes, turtles, and zoo animals.
"Specialty pet food" means any commercial feed prepared and
distributed for consumption by specialty pets.
"Ton" means a net weight of 2000 pounds avoirdupois.
(a) The term "person" means any individual, partnership,
corporation and association.
(b) The term "distribute" means to offer for sale, sell,
exchange, give away or barter commercial feed or to supply,

HB3291 - 5 - LRB099 08016 MGM 28158 b
furnish or otherwise provide commercial feed to a contract
feeder.
(c) The term "distributor" means any person who
distributes.
(d) The term "commercial feed" means all materials,
including customer formula feeds, which are distributed for use
as feed, or labeled with a guaranteed analysis for use as feed,
or for mixing in feed for birds or animals other than man
except:
(1) Whole unmixed seed or grain or physically altered
entire unmixed seed or grain, providing such seed or grain
is not adulterated within the meaning of Section 7 of this
Act.
(2) Unground hay, straw, stover, silage, cobs, husks
and hulls when not mixed with other materials and not
adulterated within the meaning of Section 7 of this Act.
(3) Individual chemical compounds when not mixed with
other materials and not adulterated within the meaning of
Section 7 of this Act.
(e) The term "feed ingredient" means each of the
constituent materials making up a commercial feed.
(f) The term "mineral feed" means a commercial feed
intended to supply primarily mineral elements or inorganic
nutrients.
(g) The term "drug" means any article intended for use in
the diagnosis, cure, mitigation, treatment, or prevention of

HB3291 - 6 - LRB099 08016 MGM 28158 b
disease in animals other than man and articles other than feed
intended to affect the structure or any function of the
animal's body.
(h) The term "customer-formula feed" means commercial feed
which consists of a mixture of commercial feeds and/or feed
ingredients each batch of which mixture is mixed according to
the specific instructions of the final purchaser.
(i) The term "manufacture" means to grind, mix or blend or
further process a commercial feed for distribution.
(j) The term "brand name" means any word, name, symbol,
device, or any combination thereof, identifying the commercial
feed of a distributor or manufacturer and distinguishing it
from that of others.
(k) The term "product name" means the name of the
commercial feed which identifies it as to kind, class, or
specific use.
(l) The term "label" means a display of written, printed or
graphic matter upon or affixed to the container in which a
commercial feed is distributed, or on the invoice or delivery
slip with which a commercial feed or customer-formula feed is
distributed.
(m) The term "ton" means a net weight of 2000 pounds
avoirdupois.
(n) The term "per cent" or "percentage" means percentage by
weight.
(o) The term "official sample" means any sample of feed

HB3291 - 7 - LRB099 08016 MGM 28158 b
taken by the Director or his agent and designated as "official"
by the Director or his agent.
(p) The term "contract feeder" means a person who, as an
independent contractor, feeds commercial feed to animals
pursuant to a contract whereby such commercial feed is
supplied, furnished or otherwise provided to such person and
whereby such person's remuneration is determined all or in part
by feed consumption, mortality, profits or amount or quality of
product.
(q) The term "seed" means agricultural, grass, vegetable or
other seeds as determined by the Department.
(r) The term "grain" means corn, wheat, rye, oats, barley,
flaxseed, sorghum, soybeans, mixed grain, and any other food
grains, feed grains, and oilseeds for which standards are
established under the United States Grain Standards Act.
(s) The term "pet food" means any commercial feed prepared
and distributed for consumption by dogs and cats.
(t) The term "specialty pet food" means any commercial feed
prepared and distributed for consumption by specialty pets.
(u) The term "specialty pet" means any animal normally
maintained in confinement, including but not limited to,
gerbils, hamsters, birds, fish, snakes, turtles, and zoo
animals.
(v) The term "animal" means any living creature, domestic
or wild, but does not include man.
(w) The term "Department" means the Department of

HB3291 - 8 - LRB099 08016 MGM 28158 b
Agriculture of the State of Illinois.
(x) The term "Director" means the Director of the
Department of Agriculture of the State of Illinois or duly
authorized representative.
(Source: P.A. 87-664.)
(505 ILCS 30/4) (from Ch. 56 1/2, par. 66.4)
Sec. 4. Product Registration and Firm License.
(a) No person who manufactures feed in this State or whose
name appears on the label shall distribute a commercial feed
unless the person has secured a license under this Act on forms
provided by the Department which identify the name and address
of the firm and the location of each manufacturing facility of
that firm within this State. An application for the license
shall be accompanied by a fee of $30 for each year or any
portion thereof. All firm licenses shall expire December 31 of
each year. Each commercial feed shall be registered before
being distributed in this State, provided, however, that
customer-formula feeds are exempt from registration. The
application for license registration shall be submitted to the
Director on forms furnished or acceptable to the Director. The
registration shall be accompanied by a label and such other
information as the Director may require describing the product.
All registrations are permanent unless amended or cancelled by
the registrant.
(b) (Blank). A distributor shall not be required to

HB3291 - 9 - LRB099 08016 MGM 28158 b
register any product which is already registered under this Act
by another person, unless the product has been repackaged or
relabelled.
(c) (Blank). Changes in the guarantee of either chemical or
ingredient composition of a registered product may be permitted
provided that such changes would not result in a lowering of
the feeding value of the product for the purpose for which
designed.
(d) The Director is empowered to refuse a product
registration or a firm license not in compliance with the
provisions of this Act and to suspend or revoke any product
registration or firm license subsequently found not to be in
compliance with any provision of this Act; provided, however,
that no product registration or firm license shall be refused
or revoked until an opportunity has been afforded the
respondent to be heard before the Director.
(Source: P.A. 96-1310, eff. 7-27-10.)
(505 ILCS 30/4.5 new)
Sec. 4.5. Certificates.
To facilitate continued access to markets for feed and feed
ingredients, the Director may:
(1) inspect, audit, or certify commercial feed
manufacturer or distributer facilities at the request of
the manufacturer or distributor to the extent authorized by
this Act, or on the basis of other records voluntarily

HB3291 - 10 - LRB099 08016 MGM 28158 b
supplied by the manufacturer or distributor;
(2) issue certificates under paragraph (1), including,
but not limited to, certificates of export from the State;
(3) adopt rules to inspect, audit, or certify and issue
certificates under this Section; and
(4) include and collect a schedule of fees that
addresses all activities required under this Section.
The fees imposed under paragraph (4) shall not duplicate
those established under other Sections of this Act.
(505 ILCS 30/5) (from Ch. 56 1/2, par. 66.5)
Sec. 5. Labeling.
(a) Any commercial feed, except customer-formula feed,
distributed in this State shall be accompanied by a legible
label bearing the following information:
(1) The quantity statement The net weight.
(2) The product and brand name, if any, under which the
commercial feed is distributed.
(3) The guaranteed analysis of the commercial feed
stated in terms as the Director determines by regulation,
that are necessary to advise the consumer of the
composition of the commercial feed or to support claims
made in the labeling. The substances or elements must be
determinable by laboratory methods as published by the
Association of Official Analytical Chemists or other
recognized methods as adopted in Section 9. When any items

HB3291 - 11 - LRB099 08016 MGM 28158 b
are guaranteed, they shall be subject to inspection and
analysis by the Director.
(4) The common or usual names of each ingredient used
in the manufacture of the commercial feed, except as the
Director may, by regulation, permit the use of a collective
term for a group of ingredients which perform similar
functions.
(5) The name and principal address of the person
responsible for distributing the commercial feed.
(6) Directions for use for all commercial feeds
containing drugs and adequate directions for other
commercial feeds as the Director determines necessary for
their safe and effective use.
(7) Such precautionary statements as the Director
determines necessary for the safe and effective use of the
commercial feed.
(b) A customer-formula feed shall be accompanied by a
label, invoice, delivery slip or other shipping document,
bearing the following information:
(1) Name and address of the manufacturer.
(2) Name and address of the purchaser.
(3) Date of delivery or sale.
(4) The name of the product and brand name, if any, and
the net weight of each commercial feed and each other
ingredient used in the mixture.
(5) Directions for use and precautionary statements

HB3291 - 12 - LRB099 08016 MGM 28158 b
for medicated and non-medicated feeds as necessary for
their safe and effective use.
(6) The directions for use and precautionary
statements, as required by rule.
(7) If a drug-containing product is used:
(A) the purpose of the medication (claim
statement); and
(B) the established name of each active drug
ingredient and the level of each drug used in the final
mixture expressed, in accordance with Department
rules.
(Source: P.A. 87-664.)
(505 ILCS 30/5.5 new)
Sec. 5.5. Request for label review.
(a) The Director shall:
(1) adopt rules establishing procedures that allow a
licensee to submit a product label to the Director for
review;
(2) review each product label submitted by a licensee
to determine compliance with the labeling requirements of
this Act;
(3) make a detailed report to the licensee regarding
changes to the label required for compliance with the
Department's rules; and
(4) provide the licensee with the advice that the

HB3291 - 13 - LRB099 08016 MGM 28158 b
Director considers necessary to enable the licensee to
comply with the Department's labeling rules.
(b) The Director may not charge a fee for a review, a
report, or advice under this Section.
(505 ILCS 30/6) (from Ch. 56 1/2, par. 66.6)
Sec. 6. Inspection fees and reports.
(a) An inspection fee at the rate of 30 cents per ton shall
be paid to the Director on commercial feed distributed in this
State by the person who first distributes the commercial feed
subject to the following:
(1) The inspection fee is not required on the first
distribution, if made to an Exempt Buyer, who with approval
from the Director, will become responsible for the fee.
(2) Customer-formula feeds are hereby exempted if the
inspection fee is paid on the commercial feeds which they
contain.
(3) A fee shall not be paid on a commercial feed if the
payment has been made by a previous distributor.
(4) In the case of pet food and specialty pet food
which are distributed in the State in packages of 10 pounds
or less, an annual fee of $50 $90 shall be paid in lieu of
an inspection fee. The inspection fee required by
subsection (a) shall apply to pet food and specialty pet
food distribution in packages exceeding 10 pounds. All fees
collected pursuant to this Section shall be paid into the

HB3291 - 14 - LRB099 08016 MGM 28158 b
Feed Control Fund in the State Treasury.
(b) The minimum inspection fee shall be $25 every 6 months.
(c) Each person who is liable for the payment of the
inspection fee shall:
(1) File, not later than the last day of January and
July of each year, a statement setting forth the number of
net tons of commercial feeds distributed in this State
during the preceding calendar 6 months period; and upon
filing such statement shall pay the inspection fee at the
rate stated in paragraph (a) of this Section. This report
shall be made on a summary form provided by the Director or
on other forms as approved by the Director. If the tonnage
report is not filed and the inspection fee is not paid
within 15 days after the end of the filing date a
collection fee amounting to 10% of the inspection fee that
is due or $50 whichever is greater, shall be assessed
against the person who is liable for the payment of the
inspection fee in addition to the inspection fee that is
due.
(2) Keep such records as may be necessary or required
by the Director to indicate accurately the tonnage of
commercial feed distributed in this State, and the Director
shall have the right to examine such records to verify
statements of tonnage. Failure to make an accurate
statement of tonnage or to pay the inspection fee or comply
as provided herein shall constitute sufficient cause for

HB3291 - 15 - LRB099 08016 MGM 28158 b
the cancellation of all registrations or firm licenses on
file for the manufacturer or distributor.
(d) The Director may by rule exempt a person from paying an
inspection fee on commercial feed that the person manufactures
or distributes solely for investigational, experimental, or
laboratory use by qualified persons, if the investigation or
experiment is conducted in the public interest.
(e) Except as otherwise provided by this Section, the
inspection fee is 30 cents per ton of commercial feed. The
Director shall reduce the inspection fee by increments of 2
cents when the balance of the Feed Control Fund exceeds
one-half the projected operating expenses of the Department's
feed division operations for the next fiscal year.
(Source: P.A. 96-1310, eff. 7-27-10.)
(505 ILCS 30/7) (from Ch. 56 1/2, par. 66.7)
Sec. 7. Adulteration. A commercial feed is adulterated:
(a) If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case
the substance is not an added substance, the commercial feed
shall not be considered adulterated if the quantity of the
substance in such commercial feed does not ordinarily render it
injurious to health.
(b) If it bears or contains any poisonous, deleterious or
non-nutritive ingredient that has been added in sufficient
amount to render it unsafe within the meaning of Section 406 of

HB3291 - 16 - LRB099 08016 MGM 28158 b
the Federal Food, Drug and Cosmetic Act, other than one which
is a pesticide chemical in or on a raw agricultural commodity
or a food additive.
(c) If it is, bears or contains any food additive which is
unsafe within the meaning of Section 409 of the Federal Food,
Drug and Cosmetic Act.
(d) If it is a raw agricultural commodity and it bears or
contains a pesticide chemical which is unsafe within the
meaning of Section 408 of the Federal Food, Drug and Cosmetic
Act, provided, that where a pesticide chemical has been used in
or on a raw agricultural commodity in conformity with an
exemption granted or a tolerance prescribed under Section 408
of the Federal Food, Drug and Cosmetic Act and the raw
agricultural commodity has been subjected to processing, such
as, canning, cooking, freezing, dehydrating or milling, the
residue of the pesticide chemical remaining in or on the
processed feed shall not be deemed unsafe if such residue in or
on the raw agricultural commodity has been removed to the
extent possible by good manufacturing practices as adopted and
the concentration of the residue in the processed feed is not
greater than the tolerance prescribed for the raw agricultural
commodity, unless the feeding of the processed feed will result
or is likely to result in a pesticide residue in the edible
product of the animal, which is unsafe within the meaning of
Section 408 of the Federal Food, Drug and Cosmetic Act.
(e) If it is, bears or contains any color additive which is

HB3291 - 17 - LRB099 08016 MGM 28158 b
unsafe within the meaning of Section 706 of the Federal Food,
Drug and Cosmetic Act.
(f) If it contains a drug and the methods used in, or the
facilities or controls used for, its manufacture, processing,
or packaging do not conform to current good manufacturing
practice regulations promulgated by the Director to assure that
the drug meets the requirements of this Act as to safety and
has the identity and strength and meets the quality and purity
characteristics which it purports or is represented to possess.
In promulgating these regulations, the Director shall adopt the
current good manufacturing practice regulations for Type A
medicated articles and Type B and Type C medicated feeds
established under authority of the Federal Food, Drug, and
Cosmetic Act, unless he determines that they are not
appropriate to the conditions which exist in this State.
(g) If any valuable constituent has been in whole or in
part omitted or abstracted therefrom or any less valuable
substance substituted therefor.
(h) If its composition or quality falls below or differs
from that which it is purported or is represented to possess by
its labeling.
(i) If it contains weed seeds in amounts exceeding the
limits established by regulation.
(j) If it is, bears, or contains any new animal drug that
is considered unsafe under Section 512 of the federal Food,
Drug, and Cosmetic Act.

HB3291 - 18 - LRB099 08016 MGM 28158 b
(k) If it consists, in whole or in part, of any filthy,
putrid, or decomposed substance, or if it is otherwise unfit
for feed.
(l) If it has been prepared, packed, or held under
unsanitary conditions where it may have become contaminated
with filth, or whereby it may have been rendered injurious to
health.
(m) If it is, in whole or in part, the product of a
diseased animal or of an animal which has died otherwise than
by slaughter that is considered unsafe under Section 402 (a)(1)
or (2) of the federal Food, Drug, and Cosmetic Act.
(n) If its container is composed, in whole or in part, of
any poisonous or deleterious substance that may render the
contents injurious to health.
(o) If it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with the
regulation or exemption in effect under Section 409 of the
federal Food, Drug, and Cosmetic Act.
(Source: P.A. 87-664.)
(505 ILCS 30/9) (from Ch. 56 1/2, par. 66.9)
Sec. 9. Inspection, sampling and analysis.
(a) For the purpose of enforcement of this Act, and in
order to determine whether its provisions have been complied
with, including whether or not any operations may be subject to
its provisions, officers, or employees duly designated by the

HB3291 - 19 - LRB099 08016 MGM 28158 b
Director, upon presenting appropriate credentials, and a
written notice to the owner, operator, or agent in charge, are
authorized (1) to enter, during normal business hours, any
factory, warehouse, or establishment within the State in which
commercial feeds are manufactured, processed, packed, or held
for distribution, or to enter any vehicle being used to
transport or hold feeds; and (2) to inspect any factory,
warehouse, establishment or vehicle and all pertinent
equipment, finished and unfinished materials, containers, and
labeling therein. The inspection may include the verification
of only the records, and production and control procedures as
may be necessary to determine compliance with the Good
Manufacturing Practice Regulations established under Section
10(d) or other provisions of this Act.
(b) A separate notice shall be given for each inspection,
but a notice shall not be required for each entry made during
the period covered by the inspection. Each inspection shall be
commenced and completed with reasonable promptness. Upon
completion of the inspection, the person in charge of the
facility or vehicle shall be so notified.
(c) If the officer or employee making the inspection of a
factory, warehouse, or other establishment has obtained a
sample in the course of the inspection, upon completion of the
inspection and prior to leaving the premises he shall give to
the owner, operator, or agent in charge a receipt describing
the samples obtained.

HB3291 - 20 - LRB099 08016 MGM 28158 b
(d) If the owner of any factory, warehouse, or
establishment described in subsection (a), or his agent,
refuses to admit the Director or his agent to inspect in
accordance with subsections (a) and (b), the Director is
authorized to obtain from any State Court a warrant directing
the owner or his agent to submit the premises, records,
vehicles, and any items described in the warrant to inspection.
(e) For the enforcement of this Act, the Director or his
duly designated agent is authorized to enter upon any public or
private premises including any vehicle of transport during
regular business hours to have access to, and to obtain
samples, and to examine records relating to distribution of
commercial feeds.
(f) Sampling and analysis shall be conducted in accordance
with methods published by the Association of Official
Analytical Chemists, or in accordance with other recognized
methods.
(g) The results of all analyses of official samples shall
be forwarded by the Director to the person named on the label.
When the inspection and analysis of an official sample
indicates a commercial feed has been adulterated or misbranded
and upon request within 30 days following the receipt of the
analysis, the Director shall furnish to the licensee registrant
a portion of the sample concerned.
(h) The Director, in determining for administrative
purposes whether a commercial feed is deficient in any

HB3291 - 21 - LRB099 08016 MGM 28158 b
component, shall be guided by the official sample obtained and
analyzed as provided for in this Act.
(Source: P.A. 87-664.)
(505 ILCS 30/11) (from Ch. 56 1/2, par. 66.11)
Sec. 11. Detained commercial feeds.
(a) "Withdrawal from distribution" orders: When the
Director or his authorized agent has reasonable cause to
believe any lot of commercial feed is being distributed in
violation of any of the provisions of this Act or of any of the
prescribed regulations under this Act, he may issue and enforce
a written or printed "withdrawal from distribution" order,
warning the licensee registrant or distributor not to dispose
of the lot of commercial feed in any manner until written
permission is given by the Director or the Court. The Director
shall release the lot of commercial feed so withdrawn when the
provisions and regulations have been complied with. If
compliance is not obtained within 30 days, the Director may
begin, or upon request of the distributor or licensee
registrant shall begin, proceedings for condemnation.
(b) Condemnation and confiscation: Any lot of commercial
feed not in compliance with the provisions and regulations
shall be subject to seizure on complaint of the Director to a
court of competent jurisdiction in the county in which the
commercial feed is located. In the event the court finds the
commercial feed to be in violation of this Act and orders the

HB3291 - 22 - LRB099 08016 MGM 28158 b
condemnation of the commercial feed, it shall be disposed of in
any manner consistent with the quality of the commercial feed
and the laws of the State: Provided, that in no instance shall
the disposition of the commercial feed be ordered by the court
without first giving the claimant an opportunity to apply to
the court for release of the commercial feed or for permission
to process or re-label the commercial feed to bring it into
compliance with this Act.
(Source: P.A. 87-664.)
(505 ILCS 30/11.1) (from Ch. 56 1/2, par. 66.11-1)
Sec. 11.1. Prohibited Acts. It shall be unlawful for any
person to:
(a) Manufacture or distribute any commercial feed that is
adulterated or misbranded.
(b) Adulterate or misbrand any commercial feed.
(c) Remove or dispose of a commercial feed in violation of
an order under Section 11.
(d) Fail or refuse to license the firm or submit product
labels in accordance with Section 4.
(e) Violate the provisions of this Act or rules.
(f) Fail to pay fees and penalties and file reports as
required by the Act and rules.
(g) Distribute agricultural commodities, such as whole
seed, hay, straw, stover, silage, cobs, husks, and hulls, that
are adulteratred within the meaning of Section 7 of this Act.

HB3291 - 23 - LRB099 08016 MGM 28158 b
(h) Re-use bags and totes used for commercial feeds
(including customer-formula feed) unless appropriately
cleaned. A firm that intends to re-use bags or totes must
document their cleanout procedures.
(i) Distribute raw milk for use as commercial feed for any
species:
(1) if it has not been decharacterized using a
sufficient quantity of food coloring as designated by the
Director;
(2) if it has been decharacterized using food coloring,
other than food coloring approved by the U.S. Food and Drug
Administration, or in the case of raw milk labeled as
organic, approved by the U.S. Department of Agriculture;
(3) if it has been decharacterized and the nutritive
value of the milk has been adversely affected by the
decharacterization;
(4) that is packaged in containers that are or resemble
those used for the packaging of milk for human consumption;
(5) that is stored at retail with, or in the vicinity
of, milk or milk products intended for human consumption;
or
(6) if it does not comply with subsections (a) through
(h) of Section 11.1 of this Act.
(Source: P.A. 87-833.)
(505 ILCS 30/12) (from Ch. 56 1/2, par. 66.12)

HB3291 - 24 - LRB099 08016 MGM 28158 b
Sec. 12. Penalties. (a) Any person convicted of violating
provisions of this Act or the rules and regulations issued
thereunder or who shall impede, obstruct, hinder or otherwise
prevent or attempt to prevent the Director or his or her duly
authorized agent in performance of his or her duty in
connection with the provisions of this Act, shall be adjudged
guilty of a business offense. In all prosecutions under this
Act involving the composition of a lot of commercial feed, a
certified copy of the official analysis signed by the Director
shall be accepted as prima facie evidence of the composition.
(b) Nothing in this Act shall be construed as requiring the
Director or his or her representative to report for prosecution
or for the institution of seizure proceedings as a result of
minor violations of the Act if he or she believes that the
public interest will be best served by a suitable notice of
warning in writing.
(c) Each State's attorney to whom any violation is reported
shall cause appropriate proceedings to be instituted and
prosecuted in a circuit court without delay. Before the
Director reports a violation for such prosecution, an
opportunity shall be given the licensee registrant or
distributor to present his or her views to the Director.
(d) The Director may file a complaint and apply for and the
court may grant a temporary restraining order or a preliminary
or permanent injunction restraining any person from violating
or continuing to violate any of the provisions of this Act or

HB3291 - 25 - LRB099 08016 MGM 28158 b
any rules or regulations promulgated under the Act
notwithstanding the existence of other judicial remedies. The
injunctive relief shall be issued without bond.
(e) Any person adversely affected by an act, order or
ruling made pursuant to the provisions of this Act may within
45 days thereafter bring an action in the Circuit Court of
Sangamon County, Illinois, for a new trial of the issues
bearing upon such act, order or ruling, and upon such trial the
court may enter and enforce such orders or judgments as the
court may deem proper and just. All fines imposed and collected
under this Act shall be paid within 30 days after collection to
the Department of Agriculture and by it paid into the Feed
Control Fund.
(f) Any person who uses to their own advantage, or reveals
to persons other than the Director, officers of the Illinois
Department of Agriculture, or to the courts when relevant in
any judicial proceeding, any information acquired under the
authority of this Act, concerning any method, records,
formulations, or processes which as a trade secret is entitled
to protection, is guilty of a Class C misdemeanor, provided
that this prohibition shall not be deemed as prohibiting the
Director or his or her duly authorized agent, from exchanging
information of a regulatory nature with duly appointed
officials of the United States Government, or of other states,
who are similarly prohibited by law from revealing this
information.

HB3291 - 26 - LRB099 08016 MGM 28158 b
(Source: P.A. 87-664.)
(505 ILCS 30/13) (from Ch. 56 1/2, par. 66.13)
Sec. 13. Publications.
The Director shall publish at least annually, in such forms
as he may deem proper, information concerning the sales of
commercial feeds, together with such data on their production
and use as he may consider advisable, and a report of the
results of the analyses of official samples of commercial feeds
sold within the State as compared with the analyses guaranteed
in the registration and on the label; provided, however, that
the information concerning production and use of commercial
feeds shall not disclose the operations of any person.
(Source: Laws 1961, p. 2289.)
(505 ILCS 30/14.1) (from Ch. 56 1/2, par. 66.14.1)
Sec. 14.1. Cooperation with other entities. The Director
may cooperate with and enter into agreements with governmental
agencies of this State, other states, agencies of the federal
government, and private associations and organizations in
order to carry out the purpose and provisions of this Act,
provided that these entities are bound by the confidentiality
requirements and penalties in Section 12.
(Source: P.A. 87-664.)
(505 ILCS 30/14.2) (from Ch. 56 1/2, par. 66.14.2)

HB3291 - 27 - LRB099 08016 MGM 28158 b
Sec. 14.2. Suspension or revocation of registration or firm
license; Administrative hearings and penalties. The Department
may suspend or revoke any license registration issued under
Section 4 of this Act for violation of the Act or any rules
adopted pursuant thereto.
The Department may, upon its own motion and shall upon the
verified complaint in writing of any person setting forth facts
which, if proved, would constitute grounds for refusal,
suspension, or revocation of a license product registration,
under this Act, investigate the actions of any applicant or any
person or persons applying for, holding, or claiming to hold a
product registration or firm license.
At least 10 days before the date set for the hearing, the
Director shall notify in writing the applicant for or holder of
a product registration or firm license, referred to as the
respondent in this Section, that a hearing will be held on the
date designated to determine whether the respondent is entitled
to hold a product registration or firm license and shall afford
the respondent opportunity to be heard in person or by counsel.
The Department, over the signature of the Director, is
authorized to issue subpoenas and to take testimony, either
orally, by disposition or by exhibit, in the circuit courts of
this State. The Director is authorized to issue subpoenas duces
tecum for any or all records relating to the feed in question.
(Source: P.A. 87-664.)

HB3291 - 28 - LRB099 08016 MGM 28158 b
(505 ILCS 30/14.3) (from Ch. 56 1/2, par. 66.14.3)
Sec. 14.3. Feed Control Fund. There is created in the State
Treasury a special fund to be known as the Feed Control Fund.
All firm license, inspection, and penalty fees collected by the
Department under this Act shall be deposited in the Feed
Control Fund. In addition, for the years 2004 and thereafter,
$22 of each annual fee collected by the Department pursuant to
Section 6, paragraph 4 of this Act shall be deposited by the
Department directly into the State's General Revenue Fund. The
amount annually collected as fees shall be appropriated by the
General Assembly to the Department for activities related to
the enforcement of this Act.
(Source: P.A. 93-32, eff. 7-1-03.)
Section 99. Effective date. This Act takes effect January
1, 2016.