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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
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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
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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
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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
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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
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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
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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.
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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.".