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92_SB0213sam002
SRS92SB0213SFcpam01
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
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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 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
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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
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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
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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
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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.
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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
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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.".