Full Text of SB2022 103rd General Assembly
SB2022 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2022 Introduced 2/9/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/22-95 new | | 410 ILCS 620/11 | from Ch. 56 1/2, par. 511 |
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Amends the School Code. Provides that, notwithstanding any provision of law to the contrary, no person shall bring a food product with a Scoville rating of 100,000 SHUs or higher onto school property. Amends the Illinois Food, Drug and Cosmetic Act. Provides that a food is misbranded if it contains a food product with a Scoville rating of 100,000 SHUs or higher without its labeling stating that the food product has a Scoville rating of at least 100,000 SHUs.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by adding Section | 5 | | 22-95 as follows: | 6 | | (105 ILCS 5/22-95 new) | 7 | | Sec. 22-95. Scoville scale; ban. Notwithstanding any | 8 | | provision of law to the contrary, no person shall bring a food | 9 | | product with a Scoville rating of 100,000 SHUs or higher onto | 10 | | school property. | 11 | | Section 10. The Illinois Food, Drug and Cosmetic Act is | 12 | | amended by changing Section 11 as follows:
| 13 | | (410 ILCS 620/11) (from Ch. 56 1/2, par. 511)
| 14 | | Sec. 11.
A food is misbranded: | 15 | | (a) If its labeling is false or misleading
in any | 16 | | particular.
| 17 | | (b) If it is offered for sale under the name of another | 18 | | food.
| 19 | | (c) If it is an imitation of another food other than | 20 | | honey, unless its label bears, in
type of uniform size and | 21 | | prominence, the word "imitation" and, immediately
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| 1 | | thereafter, the name of the food imitated.
| 2 | | (d) If its container is so made, formed or filled as to | 3 | | be misleading.
| 4 | | (e) If in package form, unless it bears a label | 5 | | containing (1) the name
and place of business of the | 6 | | manufacturer, packer or distributor; and (2) an
accurate | 7 | | statement of the quantity of the contents in terms of | 8 | | weight,
measure or numerical count. However, under | 9 | | paragraph (2) of
this subsection
reasonable variations | 10 | | shall be permitted and exemptions as to small
packages | 11 | | which shall be established by regulations prescribed by | 12 | | the
Director.
| 13 | | (f) If any word, statement or other information | 14 | | required by or under
authority of this Act to appear on the | 15 | | label or labeling is not prominently
placed thereon with | 16 | | such conspicuousness (as compared with other words,
| 17 | | statements, designs or devices, in the labeling) and in | 18 | | such terms as to
render it likely to be read and understood | 19 | | by the ordinary individual under
customary conditions of | 20 | | purchase and use.
| 21 | | (g) If it purports to be or is represented as a food | 22 | | for which a
definition and standard of identity has been | 23 | | prescribed by regulations as
provided by Section 9, unless | 24 | | (1) it conforms to such definition and
standard, and (2) | 25 | | its label bears the name of the food specified in the
| 26 | | definition and standard and, in so far as may be required |
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| 1 | | by such
regulations, the common names of optional | 2 | | ingredients (other than spices,
flavoring and coloring) | 3 | | present in such food.
| 4 | | (h) If it purports to be or is represented as:
| 5 | | (1) a food for which a standard of quantity has | 6 | | been prescribed by
regulations as provided by Section | 7 | | 9 and its quantity falls below such
standard unless | 8 | | its label bears, in such manner and form as such
| 9 | | regulations specify, a statement that it falls below | 10 | | such standard; or
| 11 | | (2) a food for which a standard or standards of | 12 | | fill of container have
been prescribed by regulation | 13 | | as provided by Section 9 and it falls below
the | 14 | | standard of fill of container applicable thereto, | 15 | | unless its label
bears, in such manner and form as such | 16 | | regulations specify, a statement
that it falls below | 17 | | such standard.
| 18 | | (i) If it is not subject to subsection (g) of this | 19 | | Section, unless it
bears labeling clearly giving (1) the | 20 | | common or usual name of the food, if
any there be, and (2) | 21 | | in case it is fabricated from 2 or more ingredients,
the | 22 | | common or usual name of each such ingredient; except that | 23 | | spices,
flavorings and colorings, other than those sold as | 24 | | such, may be designated
as spices, flavorings and | 25 | | colorings, without naming each. However, to the
extent | 26 | | that compliance with the requirements of paragraph (2) of |
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| 1 | | this
subsection is impractical or results in deception or | 2 | | unfair competition,
exemptions shall be established by | 3 | | regulations promulgated by the Director.
| 4 | | (j) If it purports to be or is represented for special | 5 | | dietary uses,
unless its label bears such information | 6 | | concerning its vitamin, mineral and
other dietary | 7 | | properties as the Director determines to be, and by
| 8 | | regulations prescribes as necessary in order to fully | 9 | | inform purchasers as
to its value for such uses.
| 10 | | (k) If it bears or contains any artificial flavoring, | 11 | | artificial
coloring or chemical preservative, unless it | 12 | | bears labeling stating that
fact. However, to the extent | 13 | | that compliance with the requirements of this
paragraph is | 14 | | impracticable, exemptions shall be established by | 15 | | regulations
promulgated by the Director. This subsection | 16 | | and
subsections (g) and (i) with
respect to artificial | 17 | | coloring do not apply to butter, cheese or ice cream.
This | 18 | | subsection with respect to chemical preservatives
does not | 19 | | apply to a
pesticide chemical when used in or on a raw | 20 | | agricultural commodity which is
the produce of the soil.
| 21 | | (l) If it is a raw agricultural commodity for direct | 22 | | human consumption
which is the produce of the
soil, | 23 | | bearing or containing a pesticide chemical applied after | 24 | | harvest,
unless the shipping container of such commodity | 25 | | bears labeling which
declares the presence of such | 26 | | chemical in or on such commodity and the
common usual name |
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| 1 | | and the function of such chemical; provided, however,
that | 2 | | no such declaration shall be required while such | 3 | | commodity, having
been removed from the shipping | 4 | | container, is being held or displayed for
sale at retail | 5 | | out of such container in accordance with the custom of the | 6 | | trade.
| 7 | | (m) If it is a product intended as an ingredient of | 8 | | another food and
when used according to the directions of | 9 | | the purveyor will result in the
final food product being | 10 | | adulterated or misbranded.
| 11 | | (n) If it is a color additive unless its packaging and | 12 | | labeling are in
conformity with such packaging and | 13 | | labeling requirements applicable to such
color additive | 14 | | prescribed under Section 706 of the Federal Act.
| 15 | | (o) If a meat or meat food product or poultry or | 16 | | poultry food product
has been frozen prior to sale unless | 17 | | when offered for sale, the package,
container or wrapping | 18 | | bears, in type of uniform size and prominence, the
words | 19 | | "previously frozen" so as to be readable and understood by | 20 | | the
general public except that this subsection does not | 21 | | apply to products
mentioned herein which are precooked and | 22 | | packaged in hermetically sealed
containers.
| 23 | | (p) If its labeling includes the word "honey" or the | 24 | | term
"imitation honey" and the product is not pure honey | 25 | | manufactured by honeybees.
| 26 | | (q) If it contains saccharin, unless its label and |
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| 1 | | labeling and retail
display comply with the requirements | 2 | | of Sections 403(o) and 403(p) of the Federal Act.
| 3 | | (r) If it contains saccharin and is offered for sale, | 4 | | but not for immediate
consumption, at a retail | 5 | | establishment, unless such retail establishment
displays | 6 | | prominently, where such food is held for sale, notice | 7 | | (provided
by the manufacturer of such food pursuant to the | 8 | | Federal Act) for consumers
respecting the information | 9 | | required by subsection (q) to be on food labels
and | 10 | | labeling.
| 11 | | (s) If it contains sesame, is offered for sale in | 12 | | package form but not for immediate consumption, and the | 13 | | label does not include sesame. | 14 | | (t) If it contains a food product with a Scoville | 15 | | rating of 100,000 SHUs or higher without its labeling | 16 | | stating that the food product has a Scoville rating of at | 17 | | least 100,000 SHUs. | 18 | | (Source: P.A. 101-129, eff. 7-26-19.)
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