State of Illinois
92nd General Assembly

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 1                    AMENDMENT TO SENATE BILL 213

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

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

 8        (505 ILCS 30/3) (from Ch. 56 1/2, par. 66.3)
 9        Sec. 3. Definitions of words and terms. When used in this
10    Act unless the context otherwise requires:
11        (a)  The term "person" means any individual, partnership,
12    corporation and association.
13        (b)  The term "distribute" means to offer for sale, sell,
14    exchange, give away or barter commercial feed or  to  supply,
15    furnish  or  otherwise  provide commercial feed to a contract
16    feeder.
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-           SRS92SB0213SFcpam01
 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 for distribution.
30        (j)  The  term "brand name" means any word, name, symbol,
31    device,  or  any   combination   thereof,   identifying   the
32    commercial   feed   of  a  distributor  or  manufacturer  and
33    distinguishing it from that of others.
34        (k)  The term  "product  name"  means  the  name  of  the
                            -3-           SRS92SB0213SFcpam01
 1    commercial  feed  which  identifies  it as to kind, class, or
 2    specific use.
 3        (l)  The term "label" means a display of written, printed
 4    or graphic matter upon or affixed to the container in which a
 5    commercial feed is distributed, or on the invoice or delivery
 6    slip with which a commercial feed or customer-formula feed is
 7    distributed.
 8        (m)  The term "ton" means a net  weight  of  2000  pounds
 9    avoirdupois.
10        (n)  The term "per cent" or "percentage" means percentage
11    by weight.
12        (o)  The  term "official sample" means any sample of feed
13    taken  by  the  Director  or  his  agent  and  designated  as
14    "official" by the Director or his agent.
15        (p)  The term "contract feeder" means a person who, as an
16    independent contractor,  feeds  commercial  feed  to  animals
17    pursuant  to  a  contract  whereby  such  commercial  feed is
18    supplied, furnished or otherwise provided to such person  and
19    whereby  such  person's  remuneration is determined all or in
20    part by feed consumption, mortality,  profits  or  amount  or
21    quality of product.
22        (q)  The term "seed" means agricultural, grass, vegetable
23    or other seeds as determined by the Department.
24        (r)  The  term  "grain"  means  corn,  wheat,  rye, oats,
25    barley, flaxseed, sorghum, soybeans,  mixed  grain,  and  any
26    other  food  grains,  feed  grains,  and  oilseeds  for which
27    standards are  established  under  the  United  States  Grain
28    Standards Act.
29        (s)  The  term  "pet  food"  means  any  commercial  feed
30    prepared and distributed for consumption by dogs and cats.
31        (t)  The  term  "specialty pet food" means any commercial
32    feed prepared and distributed for  consumption  by  specialty
33    pets.
34        (u)  The  term  "specialty pet" means any animal normally
                            -4-           SRS92SB0213SFcpam01
 1    maintained in confinement,  including  but  not  limited  to,
 2    gerbils,  hamsters,  birds,  fish,  snakes,  turtles, and zoo
 3    animals.
 4        (v)  The  term  "animal"  means  any   living   creature,
 5    domestic or wild, but does not include man.
 6        (w)  The   term  "Department"  means  the  Department  of
 7    Agriculture of the State of Illinois.
 8        (x)  The  term  "Director"  means  the  Director  of  the
 9    Department of Agriculture of the State of  Illinois  or  duly
10    authorized representative.
11        (y)  The term "ruminant" includes any member of the order
12    of  animals  that  has  a  stomach  with  4  chambers (rumen,
13    reticulum, omasum, and abomasum) through which feed passes in
14    digestion.  The  order  includes,  but  is  not  limited  to,
15    cattle, buffalo, sheep, goats, deer, elk, and antelopes.
16        (z)  The  term  "protein  derived from mammalian tissues"
17    means any protein-containing portion  of  mammalian  animals,
18    excluding:  blood and blood products; gelatin; inspected meat
19    products that have been cooked and offered for human food and
20    further heat processed for feed (such as plate waste and used
21    cellulosic  food  casings);  milk  products  (milk  and  milk
22    proteins); and  any  product  whose  only  mammalian  protein
23    consists entirely of porcine or equine protein.
24        (aa)  The  term  "nonmammalian protein" includes proteins
25    from nonmammalian animals and plants.
26    (Source: P.A. 87-664.)

27        (505 ILCS 30/6.5 new)
28        Sec.  6.5.   Record  keeping  requirements  for   certain
29    manufacturers    and    distributors.    Manufacturers    and
30    distributors  that  are  subject to this Act and manufacture,
31    blend, or distribute products that  contain  or  may  contain
32    protein  derived from mammalian tissues and that are intended
33    for use in animal feed must maintain  records  sufficient  to
                            -5-           SRS92SB0213SFcpam01
 1    track  these  materials throughout their receipt, processing,
 2    and distribution and, upon request, must make  these  records
 3    available  for  inspection and copying by the Department. The
 4    Department must adopt any rules necessary  to  implement  the
 5    requirements of this Section.

 6        (505 ILCS 30/7) (from Ch. 56 1/2, par. 66.7)
 7        Sec. 7. Adulteration. A commercial feed is adulterated:
 8        (a)  If it bears or contains any poisonous or deleterious
 9    substance  which  may  render  it injurious to health; but in
10    case the substance is not an added substance, the  commercial
11    feed  shall  not be considered adulterated if the quantity of
12    the substance in such commercial  feed  does  not  ordinarily
13    render it injurious to health.
14        (b)  If  it  bears or contains any poisonous, deleterious
15    or non-nutritive ingredient that has been added in sufficient
16    amount to render it unsafe within the meaning of Section  406
17    of  the  Federal  Food, Drug and Cosmetic Act, other than one
18    which is a pesticide chemical in or  on  a  raw  agricultural
19    commodity or a food additive.
20        (c)  If  it is, bears or contains any food additive which
21    is unsafe within the meaning of Section 409  of  the  Federal
22    Food, Drug and Cosmetic Act.
23        (d)  If  it  is a raw agricultural commodity and it bears
24    or contains a pesticide chemical which is unsafe  within  the
25    meaning of Section 408 of the Federal Food, Drug and Cosmetic
26    Act,  provided, that where a pesticide chemical has been used
27    in or on a raw agricultural commodity in conformity  with  an
28    exemption granted or a tolerance prescribed under Section 408
29    of  the  Federal  Food,  Drug  and  Cosmetic  Act and the raw
30    agricultural commodity has been subjected to processing, such
31    as, canning, cooking, freezing, dehydrating or  milling,  the
32    residue  of  the  pesticide  chemical remaining in or on  the
33    processed feed shall not be deemed unsafe if such residue  in
                            -6-           SRS92SB0213SFcpam01
 1    or  on the raw agricultural commodity has been removed to the
 2    extent possible by good manufacturing  practices  as  adopted
 3    and the concentration of the residue in the processed feed is
 4    not  greater  than  the  tolerance  prescribed  for  the  raw
 5    agricultural  commodity,  unless the feeding of the processed
 6    feed will result or  is  likely  to  result  in  a  pesticide
 7    residue  in the edible product of the animal, which is unsafe
 8    within the meaning of Section 408 of the Federal  Food,  Drug
 9    and Cosmetic Act.
10        (e)  If it is, bears or contains any color additive which
11    is  unsafe  within  the meaning of Section 706 of the Federal
12    Food, Drug and Cosmetic Act.
13        (f)  If it contains a drug and the methods  used  in,  or
14    the   facilities  or  controls  used  for,  its  manufacture,
15    processing, or packaging  do  not  conform  to  current  good
16    manufacturing   practice   regulations   promulgated  by  the
17    Director to assure that the drug meets  the  requirements  of
18    this  Act  as to safety and has the identity and strength and
19    meets  the  quality  and  purity  characteristics  which   it
20    purports or is represented to possess.  In promulgating these
21    regulations,  the  Director  shall  adopt  the  current  good
22    manufacturing  practice  regulations  for  Type  A  medicated
23    articles  and  Type  B and Type C medicated feeds established
24    under authority of the Federal Food, Drug, and Cosmetic  Act,
25    unless  he  determines  that  they are not appropriate to the
26    conditions which exist in this State.
27        (g)  If any valuable constituent has been in whole or  in
28    part  omitted  or  abstracted  therefrom or any less valuable
29    substance substituted therefor.
30        (h)  If its composition or quality falls below or differs
31    from that which it is purported or is represented to  possess
32    by its labeling.
33        (i)  If  it  contains weed seeds in amounts exceeding the
34    limits established by regulation.
                            -7-           SRS92SB0213SFcpam01
 1        (j)  If  it  contains  protein  derived  from   mammalian
 2    tissues  and  is used or intended to be used in ruminant feed
 3    or contains other material known to cause  or  be  associated
 4    with  bovine  spongiform  encephalopathy  or  a transmissible
 5    spongiform encephalopathy.
 6    (Source: P.A. 87-664.)

 7        (505 ILCS 30/9.5 new)
 8        Sec. 9.5.  Inspection of licensees.  Every 90  days,  the
 9    Department  must  inspect each facility of persons subject to
10    licensure under  Section 4 of this Act and that  manufactures
11    or  distributes  commercial  feed  containing protein derived
12    from mammalian  tissues.   At  each  90-day  inspection,  the
13    Department  must  specifically  inspect  for  the presence or
14    absence of commercial feed mixed with or  containing  protein
15    derived  from    mammalian  tissues.  At each inspection, the
16    Department may inspect for any other violation of this Act or
17    its rules.
18        A facility otherwise subject to the requirements  of  the
19    Act  is  exempt  from  the  inspection  requirements  of this
20    Section  if  it  annually  submits  to  the   Department   an
21    affidavit,  signed  by  its owner or chief operating officer,
22    stating under oath that the facility does  not  handle,  mix,
23    process,  blend,  or  distribute  feed  or  feed  ingredients
24    containing protein derived from mammalian tissues.  If at any
25    time  after  submitting  this  affidavit  a facility handles,
26    mixes,  processes,  blends,  or  distributes  feed  or   feed
27    ingredients   containing   protein   derived  from  mammalian
28    tissues,  that  facility  must  within  7  days  notify   the
29    Department,  which  shall  begin the 90-day inspections under
30    this Section as to this facility.
31        Unless  authorized  by   law,   the   90-day   inspection
32    requirements  imposed by this Section shall terminate 3 years
33    after the effective date of this amendatory Act of  the  92nd
                            -8-           SRS92SB0213SFcpam01
 1    General Assembly.
 2        The   Department   must  adopt  any  rules  necessary  to
 3    implement the requirements of this Section.

 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.".

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