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92_SB0750enr SB750 Enrolled LRB9207942DJpr 1 AN ACT in relation to public health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Halal Food Act. 6 Section 5. Definitions. As used in this Act: 7 "Advertise" means to engage in promotional activities 8 including, but not limited to, newspaper, radio, Internet and 9 electronic media, and television advertising; the 10 distribution of fliers and circulars; and the display of 11 window and interior signs. 12 "Food", "food product", or "food commodity" means any 13 food or food product inspected as required by law, or any 14 food preparation from a source approved by the Department of 15 Agriculture, whether raw or prepared for human consumption, 16 and whether in a solid or liquid state, including, but not 17 limited to, any meat, meat product or meat preparation; any 18 milk, milk product or milk preparation; and any beverage. 19 "Food commodity in package form" means a food commodity 20 put up or packaged in any manner in advance of sale in units 21 suitable for retail sale and which is not intended for 22 consumption at the point of manufacture. 23 "Halal" means prepared under and maintained in strict 24 compliance with the laws and customs of the Islamic religion 25 including but not limited to those laws and customs of 26 zabiha/zabeeha (slaughtered according to appropriate Islamic 27 code), and as expressed by reliable recognized Islamic 28 entities and scholars. 29 Section 10. Deception prohibited. 30 (a) It is a Class B misdemeanor for any person to make SB750 Enrolled -2- LRB9207942DJpr 1 any oral or written statement that directly or indirectly 2 tends to deceive or otherwise lead a reasonable individual to 3 believe that a non-halal food or food product is halal. 4 (b) The presence of any non-halal food or food product 5 in any place of business that advertises or represents itself 6 in any manner as selling, offering for sale, preparing, or 7 serving halal food or food products only, is presumptive 8 evidence that the person in possession offers the food or 9 food product for sale in violation of subsection (a). 10 (c) It shall be a complete defense to a prosecution 11 under subsection (a) that the defendant relied in good faith 12 upon the representations of an animals' farm, slaughterhouse, 13 manufacturer, processor, packer, or distributor, or any 14 person or organization which certifies or represents any food 15 or food product at issue to be halal or as having been 16 prepared under or sanctioned by Islamic religious 17 requirements. 18 Section 15. Other offenses concerning halal food. It is 19 a Class B misdemeanor for any person to: 20 (1) falsely represent any animal sold, grown, or 21 offered for sale to be grown in a halal way to become 22 food for human consumption; 23 (2) falsely represent any food sold, prepared, 24 served, or offered for sale to be halal; 25 (3) remove or destroy, or cause to be removed or 26 destroyed, the original means of identification affixed 27 to food commodities to indicate that the food commodities 28 are halal, except that this paragraph (3) may not be 29 construed to prevent the removal of the identification if 30 the commodity is offered for sale as non-halal; 31 (4) sell, dispose of, or have in his or her 32 possession for the purpose of resale as halal any food 33 commodity to which an animals' farm or slaughterhouse SB750 Enrolled -3- LRB9207942DJpr 1 mark, stamp, tag, brand, label, or other means of 2 identification has been fraudulently attached; 3 (5) label or identify a food commodity in package 4 form to be halal or possess such labels or means of 5 identification, unless he or she is the manufacturer or 6 packer of the food commodity in package form; 7 (6) label or identify an article of food not in 8 package form to be halal or possess such labels or other 9 means of identification, unless he or she is the 10 manufacturer of the article of food; 11 (7) falsely label any food commodity in package 12 form as halal by having or permitting to be inscribed on 13 it, in any language, the words "halal" or "helal", or any 14 other words or symbols, not limited to characters in 15 Arabic writing, which would tend to deceive or otherwise 16 lead a reasonable individual to believe that the 17 commodity is halal; 18 (8) sell, offer for sale, prepare, or serve in or 19 from the same place of business both unpackaged non-halal 20 food and unpackaged food he or she represents to be halal 21 unless he or she posts a window sign at the entrance of 22 his or her establishment which states in block letters at 23 least 4 inches in height: "Halal and Non-Halal Foods Sold 24 Here", or "Halal and Non-Halal Foods Served Here", or a 25 statement of similar import; 26 (9) sell or have in his or her possession for the 27 purpose of resale as halal any food commodity not having 28 affixed thereto the original animals' farm or 29 slaughterhouse mark, stamp, tag, brand, label, or other 30 means of identification employed to indicate that the 31 food commodity is halal; or 32 (10) display for sale, in the same show window or 33 other location on or in his or her place of business, 34 both unpackaged food represented to be halal and SB750 Enrolled -4- LRB9207942DJpr 1 unpackaged non-halal food unless he or she: 2 (A) displays over the halal and non-halal food 3 signs that read, in clearly visible block letters, 4 "halal food" and "non-halal food", respectively, or, 5 as to the display of meat alone, "halal meat" and 6 "non-halal meat", respectively; 7 (B) separates the halal food products from the 8 non-halal food products by keeping the products in 9 separate display cabinets, or by segregating halal 10 items from non-halal items by use of clearly visible 11 dividers; and 12 (C) slices or otherwise prepares the halal 13 food products for sale with utensils used solely for 14 halal food items. 15 Section 20. Federal law. Nothing in this Act shall be 16 construed to exempt halal food from any provisions of the 17 federal Humane Methods of Slaughter Act of 1978 that may be 18 applicable. 19 Section 90. The Consumer Fraud and Deceptive Business 20 Practices Act is amended by adding Section 2KK as follows: 21 (815 ILCS 505/2KK new) 22 Sec. 2KK. Halal food; disclosure. 23 (a) As used in this Section: 24 "Dealer" means any establishment that advertises, 25 represents, or holds itself out as growing animals in a halal 26 way or selling, preparing, or maintaining food as halal, 27 including, but not limited to, manufacturers, animals' farms, 28 slaughterhouses, wholesalers, stores, restaurants, hotels, 29 catering facilities, butcher shops, summer camps, bakeries, 30 delicatessens, supermarkets, grocery stores, licensed health 31 care facilities, freezer dealers, and food plan companies. SB750 Enrolled -5- LRB9207942DJpr 1 These establishments may also sell, prepare or maintain food 2 not represented as halal. 3 "Director" means the Director of Agriculture. 4 "Food" means an animal grown to become food for human 5 consumption, a food, a food product, a food ingredient, a 6 dietary supplement, or a beverage. 7 "Halal" means prepared under and maintained in strict 8 compliance with the laws and customs of the Islamic religion 9 including but not limited to those laws and customs of 10 zabiha/zebeeha (slaughtered according to appropriate Islamic 11 codes), and as expressed by reliable recognized Islamic 12 entities and scholars. 13 (b) Any dealer who grows animals represented to be grown 14 in a halal way or who prepares, distributes, sells, or 15 exposes for sale any food represented to be halal shall 16 disclose the basis upon which those representations are made 17 by posting the information required by the Director, in 18 accordance with rules adopted by the Director, on a sign of a 19 type and size specified by the Director, in a conspicuous 20 place upon the premises at which the food is sold or exposed 21 for sale, as required by the Director. 22 (c) Any person subject to the requirements of subsection 23 (b) does not commit an unlawful practice if the person shows 24 by a preponderance of the evidence that the person relied in 25 good faith upon the representations of an animals' farm, 26 slaughterhouse, manufacturer, processor, packer, or 27 distributor of any food represented to be halal. 28 (d) Possession by a dealer of any animal grown to become 29 food for consumption or any food not in conformance with the 30 disclosure required by subsection (b) with respect to that 31 food is presumptive evidence that the person is in possession 32 of that food with the intent to sell. 33 (e) Any dealer who grows animals represented to be grown 34 in a halal way or who prepares, distributes, sells, or SB750 Enrolled -6- LRB9207942DJpr 1 exposes for sale any food represented to be halal shall 2 comply with all requirements of the Director, including, but 3 not limited to, recordkeeping, labeling and filing, in 4 accordance with rules adopted by the Director. 5 (f) Neither an animal represented to be grown in a halal 6 way to become food for human consumption, nor a food 7 commodity represented as halal, may be offered for sale by a 8 dealer until the dealer has registered, with the Director, 9 documenting information of the certifying Islamic entity 10 specialized in halal food or the supervising Muslim Inspector 11 of Halal Food. 12 (g) The Director shall adopt rules to carry out this 13 Section in accordance with the Illinois Administrative 14 Procedure Act. 15 (h) It is an unlawful practice under this Act to violate 16 this Section or the rules adopted by the Director to carry 17 out this Section.