|
Public Act 096-1028
|
| SB2959 Enrolled | LRB096 19675 RPM 35075 b |
|
|
AN ACT concerning public health.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Food, Drug and Cosmetic Act is |
amended by changing Section 2.18 and by adding Section 27 as |
follows:
|
(410 ILCS 620/2.18) (from Ch. 56 1/2, par. 502.18)
|
Sec. 2.18.
"Raw agricultural commodity" means any food in |
its raw or
natural state, including all fruits that are washed, |
colored or otherwise
treated in their unpeeled natural form |
before marketing and honey that is in the comb or that is |
removed from the comb and in an unadulterated condition.
|
(Source: Laws 1967, p. 959.)
|
(410 ILCS 620/27 new) |
Sec. 27. Honey. Notwithstanding any other provision of this |
Act, the Department may not regulate honey that is in the comb |
or that is removed from the comb and in an unadulterated |
condition; both forms of honey are exempt from the provisions |
of this Act.
|
Section 10. The Sanitary Food Preparation Act is amended by |
adding Section 7 as follows:
|
|
(410 ILCS 650/7 new) |
Sec. 7. Honey. |
(a) For the purpose of this Section, "honey house" means |
any stationary or portable building or any room or place within |
a building that is used for the purpose of extracting, |
processing, or other handling of honey. |
(b) Notwithstanding any other provision of this Act, the |
Department may not regulate honey that is in the comb or that |
is removed from the comb and in an unadulterated condition; |
both forms of honey are exempt from the provisions of this Act. |
(c) If a producer is engaged in the sale of honey that is |
left in the comb or removed from the comb in an unadulterated |
condition at a local market and packs or sells less than 500 |
gallons of honey produced in this State per year, then the |
Department may not regulate or inspect the producer's honey |
house.
|
Section 15. The Criminal Code of 1961 is amended by |
changing Section 29D-10 as follows:
|
(720 ILCS 5/29D-10)
|
Sec. 29D-10. Definitions. As used in this Article, where |
not
otherwise distinctly expressed or manifestly incompatible |
with the intent of
this Article:
|
(a) "Computer network" means a set of related, remotely |
|
connected
devices
and
any communications facilities including |
more than one computer with the
capability to transmit data |
among them through communication facilities.
|
(b) "Computer" means a device that accepts, processes, |
stores,
retrieves,
or
outputs data, and includes, but is not |
limited to, auxiliary storage and
telecommunications devices.
|
(c) "Computer program" means a series of coded instruction |
or statements
in a
form acceptable to a computer which causes |
the computer to process data and
supply the results of data |
processing.
|
(d) "Data" means representations of information, |
knowledge, facts,
concepts or
instructions, including program |
documentation, that are prepared in a
formalized manner and are |
stored or processed in or transmitted by a computer.
Data may |
be in any form, including but not limited to magnetic or |
optical
storage
media, punch cards, or data stored internally |
in the memory of a computer.
|
(e) "Biological products used in or in connection with |
agricultural
production" includes, but is not
limited
to,
|
seeds, plants, and DNA of plants or animals altered for use in |
crop or
livestock breeding or production or which are sold, |
intended, designed, or
produced for use
in crop production or |
livestock breeding or production.
|
(f) "Agricultural products" means crops and livestock.
|
(g) "Agricultural production" means the breeding and |
growing of
livestock
and
crops. |
|
(g-5) "Animal feed" means an article
that is intended for |
use for food for animals other than humans
and that is intended |
for use as a substantial source of nutrients
in the diet of the |
animal, and is not limited to a mixture intended to
be the sole |
ration of the animal. |
(g-10) "Contagious or infectious disease" means a specific |
disease designated by the Illinois Department of Agriculture as |
contagious or infectious under rules pertaining to the Illinois |
Diseased Animals Act. |
(g-15) "Processed food" means any food other than a raw |
agricultural
commodity and includes any raw agricultural |
commodity that
has been subject to processing, such as canning, |
cooking, freezing,
dehydration, or milling. |
(g-20) "Raw agricultural commodity" means any food in its |
raw or
natural state, including all fruits that are washed, |
colored, or otherwise
treated in their unpeeled natural form |
prior to marketing and honey that is in the comb or that is |
removed from the comb and in an unadulterated condition.
|
(g-25) "Endangering the food supply" means to knowingly: |
(1) bring into this State any domestic animal that is |
affected with any contagious or infectious disease or any |
animal that has been exposed to any
contagious or |
infectious disease; |
(2) expose any animal in this State to any contagious |
or infectious disease; |
(3) deliver any poultry that is infected with any |
|
contagious
or infectious disease to any poultry producer |
pursuant to a
production contract; |
(4) except as permitted under the Insect Pest and Plant |
Disease Act,
bring or release into this State any insect |
pest
or expose
any plant to an insect pest; or |
(5) expose any raw agricultural commodity, animal |
feed, or processed food to any contaminant or contagious or |
infectious disease. |
"Endangering the food supply" does not include bona fide |
experiments and actions related to those experiments carried on |
by commonly recognized research facilities or actions by |
agricultural producers and animal health professionals who may |
inadvertently contribute to the spread of detrimental |
biological agents while employing generally acceptable |
management practices.
|
(g-30) "Endangering the water supply" means to knowingly |
contaminate a public or private water well or water reservoir |
or any water supply of a public utility or tamper with the |
production of bottled or packaged water or tamper with bottled |
or packaged water at a retail or wholesale mercantile |
establishment. "Endangering the water supply" does not include |
contamination of a public or private well or water reservoir
or |
any water supply of a public utility that may occur |
inadvertently
as part of the operation of a public utility or |
electrical generating station.
|
(h) "Livestock" means animals bred or raised for human |
|
consumption.
|
(i) "Crops" means plants raised for: (1) human consumption, |
(2) fruits
that
are intended for human consumption, (3) |
consumption by livestock, and (4)
fruits that are intended for |
consumption by livestock.
|
(j) "Communications systems" means any works, property, or |
material of
any radio, telegraph, telephone, microwave, or |
cable line, station, or system.
|
(k) "Substantial damage" means monetary damage greater |
than $100,000.
|
(l) "Terrorist act" or "act of terrorism" means: (1) any |
act that
is intended to cause or create a risk and does cause |
or create a risk of death
or great bodily harm to one or more |
persons;
(2) any act that disables or destroys the
usefulness |
or operation of any communications system; (3) any act or any |
series
of 2 or more acts committed in furtherance of a single |
intention, scheme, or
design that disables or destroys the |
usefulness or operation of
a computer network, computers, |
computer programs, or data used by any
industry, by any class |
of business, or by 5 or more businesses or by the
federal |
government, State government, any unit of local government, a |
public
utility, a manufacturer of pharmaceuticals, a national |
defense contractor, or
a manufacturer of chemical or biological |
products used in or in connection
with agricultural production; |
(4) any act that disables or causes substantial
damage to or
|
destruction of any structure or facility used in or used in |
|
connection with
ground, air, or water transportation; the |
production or distribution of
electricity, gas, oil, or other |
fuel (except for acts that occur inadvertently and as the |
result of
operation of the facility that produces or |
distributes electricity,
gas, oil, or other fuel); the |
treatment of sewage or the treatment
or distribution of water; |
or controlling the flow of any body of water; (5) any
act that |
causes substantial damage to or destruction of livestock or to |
crops
or a series of 2 or more acts committed in furtherance of |
a single intention,
scheme, or design which, in the aggregate, |
causes substantial damage to or
destruction of livestock or |
crops; (6) any act that causes substantial
damage to or |
destruction of any hospital or any building or facility used by
|
the federal government, State government, any unit of local |
government or
by a national defense contractor or by a public |
utility, a manufacturer of
pharmaceuticals, a manufacturer of |
chemical or biological products used in or
in connection with |
agricultural production or the storage or processing of
|
agricultural products or the preparation of agricultural |
products for food or
food products intended for resale or for |
feed for livestock; (7) any act
that causes substantial damage |
to any building containing 5 or more
businesses of any type or |
to any building in which 10 or more people reside; (8) |
endangering the food supply; or (9) endangering the water |
supply.
|
(m) "Terrorist" and "terrorist organization" means any |
|
person who
engages or is about to engage in a terrorist act |
with the intent to intimidate
or coerce a significant portion |
of a civilian population.
|
(n) "Material support or resources" means currency or other |
financial
securities, financial services, lodging, training, |
safe houses, false
documentation or identification, |
communications equipment, facilities, weapons,
lethal |
substances, explosives, personnel, transportation, any other |
kind of
physical assets or intangible property, and expert |
services or expert
assistance.
|
(o) "Person" has the meaning given in Section 2-15 of this |
Code
and, in addition to that meaning, includes, without |
limitation, any charitable
organization, whether incorporated |
or unincorporated, any professional fund
raiser, professional |
solicitor, limited liability company, association, joint
stock |
company, association, trust, trustee, or any group of people |
formally or
informally affiliated or associated for a common |
purpose, and any officer,
director, partner, member, or agent |
of any person.
|
(p) "Render criminal assistance" means to do any of the |
following with
the intent to prevent, hinder, or delay the |
discovery or apprehension of, or
the lodging of a criminal |
charge against, a person who he or she knows or
believes has |
committed an offense under this Article or is being sought by |
law
enforcement officials for the commission of an offense |
under this Article, or
with the intent to assist a person in |
|
profiting or benefiting from the
commission of an offense under |
this Article:
|
(1) harbor or conceal the person;
|
(2) warn the person of impending discovery or |
apprehension;
|
(3) provide the person with money, transportation, a |
weapon, a
disguise, false identification documents, or any |
other means of avoiding
discovery or apprehension;
|
(4) prevent or obstruct, by means of force, |
intimidation, or
deception, anyone from performing an act |
that might aid in the discovery or
apprehension of the |
person or in the lodging of a criminal charge against the
|
person;
|
(5) suppress, by any act of concealment, alteration, or |
destruction,
any physical evidence that might aid in the |
discovery or apprehension of the
person or in the lodging |
of a criminal charge against the person;
|
(6) aid the person to protect or expeditiously profit |
from an
advantage derived from the crime; or
|
(7) provide expert services or expert assistance to the |
person.
Providing expert services or expert assistance |
shall not be construed to
apply to: (1) a licensed attorney |
who discusses with a client the legal
consequences of a |
proposed course of conduct or advises a client of legal or
|
constitutional rights and (2) a licensed medical doctor who |
provides emergency
medical treatment to a person whom he or |