HB4848 94TH GENERAL ASSEMBLY

LRB094 18698 LJB 54062 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4848

Introduced 1/19/2006, by Rep. Harry Osterman - Barbara Flynn Currie - Robin Kelly - Karen May

SYNOPSIS AS INTRODUCED:

New Act

Creates the Fish and Shellfish Advisory Act. Requires commercial food markets selling fish and shellfish and employing more than 10 persons to post a warning concerning the dangers of mercury in fish and shellfish and recommendations to reduce exposure to mercury. Requires local health departments to inspect commercial food markets and report violations of the Act to the Illinois Department of Public Health. Requires the Department to impose an administrative fine for violations and to distribute the administrative fine to the local health department notifying the Department of the violation and the Autism Research Checkoff Fund. Requires the Department to adopt rules. Effective July 1, 2006.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Fish and Shellfish Advisory Act.

Section 5. Legislative findings. The General Assembly finds that:

(1) Mercury is a persistent and toxic pollutant that bioaccumulates in the environment.

(2) The Food and Drug Administration (FDA) and the United States Environmental Protection Agency (EPA) have found that mercury is a naturally occurring element in the environment and is also released into the air through industrial pollution. Mercury that falls from the air can accumulate in streams and oceans. Bacteria in the water causes chemical changes that transform mercury into methylmercury. Fish absorb the methylmercury as they feed in these waters. Methylmercury builds up more in some fish than in others depending on what they eat, how long they live, and how high up the food chain they are.

(3) The Illinois Department of Public Health recognizes that the developing nervous systems of fetuses and children could be damaged if exposed to even small amounts of methylmercury. At high doses, methylmercury can affect the central nervous system, causing such health problems as memory loss and slurred speech, and can cause kidney damage and failure and gastrointestinal damage. The possible health effects depend on how much methylmercury is stored in the fish and how much fish is eaten over a period of time. Based on the amounts of methylmercury detected in predator sport fish in Illinois, it is unlikely that people would experience adverse health effects associated with exposure to high doses.

(4) Forty-one states, including Illinois, have issued fish advisories that warn certain individuals to restrict or avoid consuming fish from bodies of water contaminated with mercury.

(5) The FDA and EPA recommend that if you are pregnant, planning to be pregnant, or a young child, you should not eat shark, swordfish, king mackerel, or tilefish because they contain high levels of mercury.

(6) The FDA and EPA recommend that if you are pregnant, planning to be pregnant, or a young child, you should eat up to 12 ounces (2 average meals) a week of a variety of fish and shellfish that are lower in mercury.

(7) The FDA and EPA recognize that 5 commonly eaten fish that are low in mercury are shrimp, canned light tuna, salmon, pollock, and catfish and that another commonly eaten fish, albacore ("white") tuna, has more mercury than canned light tuna and should only be eaten in amounts of 6 ounces (one average meal) per week.

Section 10. Notice to consumers required. Commercial food markets that sell fish or shellfish and employ 10 or more persons shall post a notice warning of mercury in fish and shellfish. The notice shall be clearly visible to the public with the word "WARNING" in capital letters at the top of the notice and shall contain the following provisions:

"Fish and shellfish are important parts of a healthy and balanced diet. They are good sources of high quality protein and other nutrients. However, depending on the amount and type of fish you consume, it may be prudent to modify your diet if you are pregnant, planning to become pregnant, nursing, or a young child. With a few simple adjustments, you can continue to enjoy these foods in a manner that is healthy and beneficial and reduce your unborn or young child's exposure to the harmful effects of mercury at the same time.

By following these 3 recommendations for selecting and eating fish or shellfish, women and young children will receive the benefits of eating fish and shellfish and be confident that they have reduced their exposure to the harmful effects of mercury.

(1) Do not eat Shark, Swordfish, King Mackerel, or Tilefish because they contain high levels of mercury.

(2) Eat up to 12 ounces (2 average meals) a week of a variety of fish and shellfish that are lower in mercury.

Five of the most commonly eaten fish that are low in mercury are shrimp, canned light tuna, salmon, pollock, and catfish.

Another commonly eaten fish, albacore ("white") tuna, has more mercury than canned light tuna. So, when choosing your two meals of fish and shellfish, you may eat up to 6 ounces (one average meal) of albacore tuna per week.

(3) Check local advisories about the safety of fish caught by family and friends in your local lakes, rivers, and coastal areas. If no advice is available, eat up to 6 ounces (one average meal) per week of fish you catch from local waters, but don't consume any other fish during that week.".

Section 15. Inspection; administrative fine.

(a) Local health departments shall inspect commercial food markets required to post a warning notice in accordance with this Act. If the commercial food market has not posted a warning notice that complies with the requirements of Section 10 of this Act, the local health department shall notify the Illinois Department of Public Health.

(b) The Illinois Department of Public Health shall impose an administrative fine of $250 for a first violation of this Act, $500 for a second violation, and $1,000 for a third or subsequent violation. Each time a local health department determines, after an inspection, that a warning notice has not been posted by a commercial food market in accordance with this Act is a separate violation.

(c) An administrative fine collected pursuant to this Section shall be allocated as follows:

(1) One-half of the administrative fine shall be distributed to the local health department notifying the Illinois Department of Public Health of the violation.

(2) One-half of the administrative fine shall be deposited into the Autism Research Checkoff Fund.

(d) The Attorney General may bring an action in the circuit court to enforce the collection of any administrative fine imposed under this Section.

Section 20. Rules. The Illinois Department of Public Health shall adopt rules for the implementation and enforcement of this Act.

Section 99. Effective date. This Act takes effect July 1, 2006.