State of Illinois
92nd General Assembly

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SB213 Engrossed                                LRB9206481TAtm

 1        AN ACT concerning agriculture.

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

 4        Section  5.   The Illinois Commercial Feed Act of 1961 is
 5    amended by changing Sections 3 and 7, and by adding  Sections
 6    6.5 and 9.5 as follows:

 7        (505 ILCS 30/3) (from Ch. 56 1/2, par. 66.3)
 8        Sec. 3. Definitions of words and terms. When used in this
 9    Act unless the context otherwise requires:
10        (a)  The term "person" means any individual, partnership,
11    corporation and association.
12        (b)  The term "distribute" means to offer for sale, sell,
13    exchange,  give  away or barter commercial feed or to supply,
14    furnish or otherwise provide commercial feed  to  a  contract
15    feeder.
16        (c)  The   term   "distributor"   means  any  person  who
17    distributes.
18        (d)  The term  "commercial  feed"  means  all  materials,
19    including  customer  formula feeds, which are distributed for
20    use as feed, or labeled with a guaranteed analysis for use as
21    feed, or for mixing in feed for birds or animals  other  than
22    man except:
23             (1)  Whole  unmixed  seed  or  grain  or  physically
24        altered entire unmixed seed or grain, providing such seed
25        or grain is not adulterated within the meaning of Section
26        7 of this Act.
27             (2)  Unground  hay,  straw,  stover,  silage,  cobs,
28        husks  and  hulls when not mixed with other materials and
29        not adulterated within the meaning of Section 7  of  this
30        Act.
31             (3)  Individual  chemical  compounds  when not mixed
SB213 Engrossed             -2-                LRB9206481TAtm
 1        with other  materials  and  not  adulterated  within  the
 2        meaning of Section 7 of this Act.
 3        (e)  The   term  "feed  ingredient"  means  each  of  the
 4    constituent materials making up a commercial feed.
 5        (f)  The term "mineral  feed"  means  a  commercial  feed
 6    intended  to  supply  primarily mineral elements or inorganic
 7    nutrients.
 8        (g)  The term "drug" means any article intended  for  use
 9    in  the diagnosis, cure, mitigation, treatment, or prevention
10    of disease in animals other than man and articles other  than
11    feed  intended to affect the structure or any function of the
12    animal's body.
13        (h)  The term "customer-formula  feed"  means  commercial
14    feed  which  consists of a mixture of commercial feeds and/or
15    feed  ingredients  each  batch  of  which  mixture  is  mixed
16    according  to  the  specific  instructions   of   the   final
17    purchaser.
18        (i)  The  term "manufacture" means to grind, mix or blend
19    or further process a commercial feed for distribution.
20        (j)  The term "brand name" means any word, name,  symbol,
21    device,   or   any   combination   thereof,  identifying  the
22    commercial  feed  of  a  distributor  or   manufacturer   and
23    distinguishing it from that of others.
24        (k)  The  term  "product  name"  means  the  name  of the
25    commercial feed which identifies it as  to  kind,  class,  or
26    specific use.
27        (l)  The term "label" means a display of written, printed
28    or graphic matter upon or affixed to the container in which a
29    commercial feed is distributed, or on the invoice or delivery
30    slip with which a commercial feed or customer-formula feed is
31    distributed.
32        (m)  The  term  "ton"  means  a net weight of 2000 pounds
33    avoirdupois.
34        (n)  The term "per cent" or "percentage" means percentage
SB213 Engrossed             -3-                LRB9206481TAtm
 1    by weight.
 2        (o)  The term "official sample" means any sample of  feed
 3    taken  by  the  Director  or  his  agent  and  designated  as
 4    "official" by the Director or his agent.
 5        (p)  The term "contract feeder" means a person who, as an
 6    independent  contractor,  feeds  commercial  feed  to animals
 7    pursuant to  a  contract  whereby  such  commercial  feed  is
 8    supplied,  furnished or otherwise provided to such person and
 9    whereby such person's remuneration is determined  all  or  in
10    part  by  feed  consumption,  mortality, profits or amount or
11    quality of product.
12        (q)  The term "seed" means agricultural, grass, vegetable
13    or other seeds as determined by the Department.
14        (r)  The term  "grain"  means  corn,  wheat,  rye,  oats,
15    barley,  flaxseed,  sorghum,  soybeans,  mixed grain, and any
16    other food  grains,  feed  grains,  and  oilseeds  for  which
17    standards  are  established  under  the  United  States Grain
18    Standards Act.
19        (s)  The  term  "pet  food"  means  any  commercial  feed
20    prepared and distributed for consumption by dogs and cats.
21        (t)  The term "specialty pet food" means  any  commercial
22    feed  prepared  and  distributed for consumption by specialty
23    pets.
24        (u)  The term "specialty pet" means any  animal  normally
25    maintained  in  confinement,  including  but  not limited to,
26    gerbils, hamsters, birds,  fish,  snakes,  turtles,  and  zoo
27    animals.
28        (v)  The   term   "animal"  means  any  living  creature,
29    domestic or wild, but does not include man.
30        (w)  The  term  "Department"  means  the  Department   of
31    Agriculture of the State of Illinois.
32        (x)  The  term  "Director"  means  the  Director  of  the
33    Department  of  Agriculture  of the State of Illinois or duly
34    authorized representative.
SB213 Engrossed             -4-                LRB9206481TAtm
 1        (y)  The term "ruminant" includes any member of the order
 2    of animals  that  has  a  stomach  with  4  chambers  (rumen,
 3    reticulum, omasum, and abomasum) through which feed passes in
 4    digestion.   The  order  includes,  but  is  not  limited to,
 5    cattle, buffalo, sheep, goats, deer, elk, and antelopes.
 6        (z)  The term "protein derived  from  mammalian  tissues"
 7    means  any  protein-containing  portion of mammalian animals,
 8    excluding: blood and blood products; gelatin; inspected  meat
 9    products that have been cooked and offered for human food and
10    further heat processed for feed (such as plate waste and used
11    cellulosic  food  casings);  milk  products  (milk  and  milk
12    proteins);  and  any  product  whose  only  mammalian protein
13    consists entirely of porcine or equine protein.
14        (aa)  The term "nonmammalian protein"  includes  proteins
15    from nonmammalian animals and plants.
16    (Source: P.A. 87-664.)

17        (505 ILCS 30/6.5 new)
18        Sec.   6.5.   Record  keeping  requirements  for  certain
19    manufacturers    and    distributors.    Manufacturers    and
20    distributors that are subject to this  Act  and  manufacture,
21    blend,  or  distribute  products  that contain or may contain
22    protein derived from mammalian tissues and that are  intended
23    for  use  in  animal feed must maintain records sufficient to
24    track these materials throughout their  receipt,  processing,
25    and  distribution  and, upon request, must make these records
26    available for inspection and copying by the  Department.  The
27    Department  must  adopt  any rules necessary to implement the
28    requirements of this Section.

29        (505 ILCS 30/7) (from Ch. 56 1/2, par. 66.7)
30        Sec. 7. Adulteration. A commercial feed is adulterated:
31        (a)  If it bears or contains any poisonous or deleterious
32    substance which may render it injurious  to  health;  but  in
SB213 Engrossed             -5-                LRB9206481TAtm
 1    case  the substance is not an added substance, the commercial
 2    feed shall not be considered adulterated if the  quantity  of
 3    the  substance  in  such  commercial feed does not ordinarily
 4    render it injurious to health.
 5        (b)  If it bears or contains any  poisonous,  deleterious
 6    or non-nutritive ingredient that has been added in sufficient
 7    amount  to render it unsafe within the meaning of Section 406
 8    of the Federal Food, Drug and Cosmetic Act,  other  than  one
 9    which  is  a  pesticide  chemical in or on a raw agricultural
10    commodity or a food additive.
11        (c)  If it is, bears or contains any food additive  which
12    is  unsafe  within  the meaning of Section 409 of the Federal
13    Food, Drug and Cosmetic Act.
14        (d)  If it is a raw agricultural commodity and  it  bears
15    or  contains  a pesticide chemical which is unsafe within the
16    meaning of Section 408 of the Federal Food, Drug and Cosmetic
17    Act, provided, that where a pesticide chemical has been  used
18    in  or  on a raw agricultural commodity in conformity with an
19    exemption granted or a tolerance prescribed under Section 408
20    of the Federal Food,  Drug  and  Cosmetic  Act  and  the  raw
21    agricultural commodity has been subjected to processing, such
22    as,  canning,  cooking, freezing, dehydrating or milling, the
23    residue of the pesticide chemical remaining in  or  on    the
24    processed  feed shall not be deemed unsafe if such residue in
25    or on the raw agricultural commodity has been removed to  the
26    extent  possible  by  good manufacturing practices as adopted
27    and the concentration of the residue in the processed feed is
28    not  greater  than  the  tolerance  prescribed  for  the  raw
29    agricultural commodity, unless the feeding of  the  processed
30    feed  will  result  or  is  likely  to  result in a pesticide
31    residue in the edible product of the animal, which is  unsafe
32    within  the  meaning of Section 408 of the Federal Food, Drug
33    and Cosmetic Act.
34        (e)  If it is, bears or contains any color additive which
SB213 Engrossed             -6-                LRB9206481TAtm
 1    is unsafe within the meaning of Section 706  of  the  Federal
 2    Food, Drug and Cosmetic Act.
 3        (f)  If  it  contains  a drug and the methods used in, or
 4    the  facilities  or  controls  used  for,  its   manufacture,
 5    processing,  or  packaging  do  not  conform  to current good
 6    manufacturing  practice  regulations   promulgated   by   the
 7    Director  to  assure  that the drug meets the requirements of
 8    this Act as to safety and has the identity and  strength  and
 9    meets   the  quality  and  purity  characteristics  which  it
10    purports or is represented to possess.  In promulgating these
11    regulations,  the  Director  shall  adopt  the  current  good
12    manufacturing  practice  regulations  for  Type  A  medicated
13    articles and Type B and Type C  medicated  feeds  established
14    under  authority of the Federal Food, Drug, and Cosmetic Act,
15    unless he determines that they are  not  appropriate  to  the
16    conditions which exist in this State.
17        (g)  If  any valuable constituent has been in whole or in
18    part omitted or abstracted therefrom  or  any  less  valuable
19    substance substituted therefor.
20        (h)  If its composition or quality falls below or differs
21    from  that which it is purported or is represented to possess
22    by its labeling.
23        (i)  If it contains weed seeds in amounts  exceeding  the
24    limits established by regulation.
25        (j)  If   it  contains  protein  derived  from  mammalian
26    tissues and is used or intended to be used in  ruminant  feed
27    or  contains  other  material known to cause or be associated
28    with bovine  spongiform  encephalopathy  or  a  transmissible
29    spongiform encephalopathy.
30    (Source: P.A. 87-664.)

31        (505 ILCS 30/9.5 new)
32        Sec.  9.5.   Inspection of licensees.  Every 90 days, the
33    Department must inspect each facility of persons  subject  to
SB213 Engrossed             -7-                LRB9206481TAtm
 1    licensure  under  Section 4 of this Act and that manufactures
 2    or distributes commercial  feed  containing  protein  derived
 3    from  mammalian  tissues.   At  each  90-day  inspection, the
 4    Department must specifically  inspect  for  the  presence  or
 5    absence  of  commercial feed mixed with or containing protein
 6    derived from  mammalian  tissues.  At  each  inspection,  the
 7    Department may inspect for any other violation of this Act or
 8    its rules.
 9        A  facility  otherwise subject to the requirements of the
10    Act is  exempt  from  the  inspection  requirements  of  this
11    Section   if   it  annually  submits  to  the  Department  an
12    affidavit, signed by its owner or  chief  operating  officer,
13    stating  under  oath  that the facility does not handle, mix,
14    process,  blend,  or  distribute  feed  or  feed  ingredients
15    containing protein derived from mammalian tissues.  If at any
16    time after submitting  this  affidavit  a  facility  handles,
17    mixes,   processes,  blends,  or  distributes  feed  or  feed
18    ingredients  containing  protein   derived   from   mammalian
19    tissues,   that  facility  must  within  7  days  notify  the
20    Department, which shall begin the  90-day  inspections  under
21    this Section as to this facility.
22        Unless   authorized   by   law,   the  90-day  inspection
23    requirements imposed by this Section shall terminate 3  years
24    after  the  effective date of this amendatory Act of the 92nd
25    General Assembly.
26        The  Department  must  adopt  any  rules   necessary   to
27    implement the requirements of this Section.

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.

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