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92_SB0213sam001 LRB9206481TApcam01 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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