State of Illinois
92nd General Assembly

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 1                    AMENDMENT TO SENATE BILL 213

 2        AMENDMENT NO.     .  Amend Senate Bill 213  by  replacing
 3    everything after the enacting clause with the following:

 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   or   feed
15    ingredients  to a contract feeder or any person when intended
16    for animals.
17        (c)  The  term  "distributor"  means   any   person   who
18    distributes.
19        (d)  The  term  "commercial  feed"  means  all materials,
20    including customer formula feeds, which are  distributed  for
21    use as feed, or labeled with a guaranteed analysis for use as
22    feed,  or  for mixing in feed for birds or animals other than
                            -2-            LRB9206481TApcam01
 1    man except:
 2             (1)  Whole  unmixed  seed  or  grain  or  physically
 3        altered entire unmixed seed or grain, providing such seed
 4        or grain is not adulterated within the meaning of Section
 5        7 of this Act.
 6             (2)  Unground  hay,  straw,  stover,  silage,  cobs,
 7        husks and hulls when not mixed with other  materials  and
 8        not  adulterated  within the meaning of Section 7 of this
 9        Act.
10             (3)  Individual chemical compounds  when  not  mixed
11        with  other  materials  and  not  adulterated  within the
12        meaning of Section 7 of this Act.
13        (e)  The  term  "feed  ingredient"  means  each  of   the
14    constituent materials making up a commercial feed.
15        (f)  The  term  "mineral  feed"  means  a commercial feed
16    intended to supply primarily mineral  elements  or  inorganic
17    nutrients.
18        (g)  The  term  "drug" means any article intended for use
19    in the diagnosis, cure, mitigation, treatment, or  prevention
20    of  disease in animals other than man and articles other than
21    feed intended to affect the structure or any function of  the
22    animal's body.
23        (h)  The  term  "customer-formula  feed" means commercial
24    feed which consists of a mixture of commercial  feeds  and/or
25    feed  ingredients  each  batch  of  which  mixture  is  mixed
26    according   to   the   specific  instructions  of  the  final
27    purchaser.
28        (i)  The term "manufacture" means to grind, mix or  blend
29    or  further  process a commercial feed or feed ingredient for
30    distribution. The term includes manufacturers of complete and
31    intermediate feeds  intended  for  animals  and  on-farm  and
32    off-farm feed manufacturing and mixing operations.
33        (j)  The  term "brand name" means any word, name, symbol,
34    device,  or  any   combination   thereof,   identifying   the
                            -3-            LRB9206481TApcam01
 1    commercial   feed   of  a  distributor  or  manufacturer  and
 2    distinguishing it from that of others.
 3        (k)  The term  "product  name"  means  the  name  of  the
 4    commercial  feed  which  identifies  it as to kind, class, or
 5    specific use.
 6        (l)  The term "label" means a display of written, printed
 7    or graphic matter upon or affixed to the container in which a
 8    commercial feed is distributed, or on the invoice or delivery
 9    slip with which a commercial feed or customer-formula feed is
10    distributed.
11        (m)  The term "ton" means a net  weight  of  2000  pounds
12    avoirdupois.
13        (n)  The term "per cent" or "percentage" means percentage
14    by weight.
15        (o)  The  term "official sample" means any sample of feed
16    taken  by  the  Director  or  his  agent  and  designated  as
17    "official" by the Director or his agent.
18        (p)  The term "contract feeder" means a person who, as an
19    independent contractor,  feeds  commercial  feed  to  animals
20    pursuant  to  a  contract  whereby  such  commercial  feed is
21    supplied, furnished or otherwise provided to such person  and
22    whereby  such  person's  remuneration is determined all or in
23    part by feed consumption, mortality,  profits  or  amount  or
24    quality of product.
25        (q)  The term "seed" means agricultural, grass, vegetable
26    or other seeds as determined by the Department.
27        (r)  The  term  "grain"  means  corn,  wheat,  rye, oats,
28    barley, flaxseed, sorghum, soybeans,  mixed  grain,  and  any
29    other  food  grains,  feed  grains,  and  oilseeds  for which
30    standards are  established  under  the  United  States  Grain
31    Standards Act.
32        (s)  The  term  "pet  food"  means  any  commercial  feed
33    prepared and distributed for consumption by dogs and cats.
34        (t)  The  term  "specialty pet food" means any commercial
                            -4-            LRB9206481TApcam01
 1    feed prepared and distributed for  consumption  by  specialty
 2    pets.
 3        (u)  The  term  "specialty pet" means any animal normally
 4    maintained in confinement,  including  but  not  limited  to,
 5    gerbils,  hamsters,  birds,  fish,  snakes,  turtles, and zoo
 6    animals.
 7        (v)  The  term  "animal"  means  any   living   creature,
 8    domestic or wild, but does not include man.
 9        (w)  The   term  "Department"  means  the  Department  of
10    Agriculture of the State of Illinois.
11        (x)  The  term  "Director"  means  the  Director  of  the
12    Department of Agriculture of the State of  Illinois  or  duly
13    authorized representative.
14        (y)  The term "blender" means any firm or individual that
15    (i)  obtains  processed  animal  protein  from  more than one
16    source or from more than one species  and  (ii)  subsequently
17    mixes (blends) or redistributes an animal protein product.
18        (z)  The  term  "renderer"  means  any firm or individual
19    that processes slaughter byproducts, animals unfit for  human
20    consumption,  or  meat scraps.  The term includes persons who
21    (i) collect those  materials  and  subject  them  to  minimal
22    processing  or  (ii)  distribute  them  to  firms  other than
23    renderers whose intended use for  the  products  may  include
24    animal  feed.   The  term  includes renderers that also blend
25    animal protein products.
26        (aa)  The term "ruminant"  includes  any  member  of  the
27    order  of  animals that has a stomach with 4 chambers (rumen,
28    reticulum, omasum, and abomasum) through which feed passes in
29    digestion.  The  order  includes,  but  is  not  limited  to,
30    cattle, buffalo, sheep, goats, deer, elk, and antelopes.
31        (bb)  The  term  "protein derived from mammalian tissues"
32    means any protein-containing portion  of  mammalian  animals,
33    excluding:  blood and blood products; gelatin; inspected meat
34    products that have been cooked and offered for human food and
                            -5-            LRB9206481TApcam01
 1    further heat processed for feed (such as plate waste and used
 2    cellulosic food casings); and milk products  (milk  and  milk
 3    proteins).
 4        (cc)  The  term  "nonmammalian protein" includes proteins
 5    from nonmammalian animals and plants.
 6    (Source: P.A. 87-664.)

 7        (505 ILCS 30/6.5 new)
 8        Sec.  6.5.   Record  keeping  requirements  for   certain
 9    renderers,    manufacturers,    and   blenders.    Renderers,
10    manufacturers,  and  blenders  that  manufacture,  blend,  or
11    distribute products  that  contain  or  may  contain  protein
12    derived  from  mammalian tissues (other than entirely porcine
13    or equine protein) and that are intended for  use  in  animal
14    feed   must   maintain  records  sufficient  to  track  these
15    materials   throughout   their   receipt,   processing,   and
16    distribution and,  upon  request,  must  make  these  records
17    available  for  inspection and copying by the Department. The
18    Department must adopt any rules necessary  to  implement  the
19    requirements of this Section.

20        (505 ILCS 30/7) (from Ch. 56 1/2, par. 66.7)
21        Sec. 7. Adulteration. A commercial feed is adulterated:
22        (a)  If it bears or contains any poisonous or deleterious
23    substance  which  may  render  it injurious to health; but in
24    case the substance is not an added substance, the  commercial
25    feed  shall  not be considered adulterated if the quantity of
26    the substance in such commercial  feed  does  not  ordinarily
27    render it injurious to health.
28        (b)  If  it  bears or contains any poisonous, deleterious
29    or non-nutritive ingredient that has been added in sufficient
30    amount to render it unsafe within the meaning of Section  406
31    of  the  Federal  Food, Drug and Cosmetic Act, other than one
32    which is a pesticide chemical in or  on  a  raw  agricultural
                            -6-            LRB9206481TApcam01
 1    commodity or a food additive.
 2        (c)  If  it is, bears or contains any food additive which
 3    is unsafe within the meaning of Section 409  of  the  Federal
 4    Food, Drug and Cosmetic Act.
 5        (d)  If  it  is a raw agricultural commodity and it bears
 6    or contains a pesticide chemical which is unsafe  within  the
 7    meaning of Section 408 of the Federal Food, Drug and Cosmetic
 8    Act,  provided, that where a pesticide chemical has been used
 9    in or on a raw agricultural commodity in conformity  with  an
10    exemption granted or a tolerance prescribed under Section 408
11    of  the  Federal  Food,  Drug  and  Cosmetic  Act and the raw
12    agricultural commodity has been subjected to processing, such
13    as, canning, cooking, freezing, dehydrating or  milling,  the
14    residue  of  the  pesticide  chemical remaining in or on  the
15    processed feed shall not be deemed unsafe if such residue  in
16    or  on the raw agricultural commodity has been removed to the
17    extent possible by good manufacturing  practices  as  adopted
18    and the concentration of the residue in the processed feed is
19    not  greater  than  the  tolerance  prescribed  for  the  raw
20    agricultural  commodity,  unless the feeding of the processed
21    feed will result or  is  likely  to  result  in  a  pesticide
22    residue  in the edible product of the animal, which is unsafe
23    within the meaning of Section 408 of the Federal  Food,  Drug
24    and Cosmetic Act.
25        (e)  If it is, bears or contains any color additive which
26    is  unsafe  within  the meaning of Section 706 of the Federal
27    Food, Drug and Cosmetic Act.
28        (f)  If it contains a drug and the methods  used  in,  or
29    the   facilities  or  controls  used  for,  its  manufacture,
30    processing, or packaging  do  not  conform  to  current  good
31    manufacturing   practice   regulations   promulgated  by  the
32    Director to assure that the drug meets  the  requirements  of
33    this  Act  as to safety and has the identity and strength and
34    meets  the  quality  and  purity  characteristics  which   it
                            -7-            LRB9206481TApcam01
 1    purports or is represented to possess.  In promulgating these
 2    regulations,  the  Director  shall  adopt  the  current  good
 3    manufacturing  practice  regulations  for  Type  A  medicated
 4    articles  and  Type  B and Type C medicated feeds established
 5    under authority of the Federal Food, Drug, and Cosmetic  Act,
 6    unless  he  determines  that  they are not appropriate to the
 7    conditions which exist in this State.
 8        (g)  If any valuable constituent has been in whole or  in
 9    part  omitted  or  abstracted  therefrom or any less valuable
10    substance substituted therefor.
11        (h)  If its composition or quality falls below or differs
12    from that which it is purported or is represented to  possess
13    by its labeling.
14        (i)  If  it  contains weed seeds in amounts exceeding the
15    limits established by regulation.
16        (j)  If it contains any protein derived  from  cattle  or
17    other  ruminants,  or  other  material  known  to cause or be
18    associated  with  bovine  spongiform  encephalopathy   or   a
19    transmissible spongiform encephalopathy.
20    (Source: P.A. 87-664.)

21        (505 ILCS 30/9.5 new)
22        Sec.  9.5.  Inspection  of  rendering, manufacturing, and
23    blending facilities.  Every  90  days,  the  Department  must
24    inspect  each  facility  that is a renderer, manufacturer, or
25    blender under this Act and is  located  in  this  State,  for
26    commercial   feed  or  feed  ingredients  containing  protein
27    derived from mammalian tissues or protein derived from cattle
28    or ruminants in violation of this Act or its rules.  At  each
29    90-day  inspection,  the Department must specifically inspect
30    for the presence or absence of feed materials mixed  with  or
31    containing  proteins  from ruminants.  At each inspection the
32    Department may inspect for any other violation of this Act or
33    its rules.
                            -8-            LRB9206481TApcam01
 1        A facility otherwise subject to the requirements  of  the
 2    Act  is  exempt  from  the  inspection  requirements  of this
 3    Section  if  it  annually  submits  to  the   Department   an
 4    affidavit,  signed  by  its owner or chief operating officer,
 5    stating under oath that the facility does  not  handle,  mix,
 6    process,  blend,  or  distribute  feed  or  feed  ingredients
 7    containing  proteins  from  ruminants.   If at any time after
 8    submitting  this  affidavit  a   facility   handles,   mixes,
 9    processes,  blends,  or  distributes feed or feed ingredients
10    containing ruminant proteins, that  facility  must  within  7
11    days  notify  the  Department,  which  shall begin the 90-day
12    inspections under this Section as to this facility.
13        Unless  authorized  by   law,   the   90-day   inspection
14    requirements  imposed by this Section shall terminate 3 years
15    after the effective date of this amendatory Act of  the  92nd
16    General Assembly.
17        The   Department   must  adopt  any  rules  necessary  to
18    implement the requirements of this Section.

19        Section 99.  Effective date.  This Act takes effect  upon
20    becoming law.".

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