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92_SB0213eng
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1 AN ACT concerning agriculture.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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 to a contract
15 feeder.
16 (c) The term "distributor" means any person who
17 distributes.
18 (d) The term "commercial feed" means all materials,
19 including customer formula feeds, which are distributed for
20 use as feed, or labeled with a guaranteed analysis for use as
21 feed, or for mixing in feed for birds or animals other than
22 man except:
23 (1) Whole unmixed seed or grain or physically
24 altered entire unmixed seed or grain, providing such seed
25 or grain is not adulterated within the meaning of Section
26 7 of this Act.
27 (2) Unground hay, straw, stover, silage, cobs,
28 husks and hulls when not mixed with other materials and
29 not adulterated within the meaning of Section 7 of this
30 Act.
31 (3) Individual chemical compounds when not mixed
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1 with other materials and not adulterated within the
2 meaning of Section 7 of this Act.
3 (e) The term "feed ingredient" means each of the
4 constituent materials making up a commercial feed.
5 (f) The term "mineral feed" means a commercial feed
6 intended to supply primarily mineral elements or inorganic
7 nutrients.
8 (g) The term "drug" means any article intended for use
9 in the diagnosis, cure, mitigation, treatment, or prevention
10 of disease in animals other than man and articles other than
11 feed intended to affect the structure or any function of the
12 animal's body.
13 (h) The term "customer-formula feed" means commercial
14 feed which consists of a mixture of commercial feeds and/or
15 feed ingredients each batch of which mixture is mixed
16 according to the specific instructions of the final
17 purchaser.
18 (i) The term "manufacture" means to grind, mix or blend
19 or further process a commercial feed for distribution.
20 (j) The term "brand name" means any word, name, symbol,
21 device, or any combination thereof, identifying the
22 commercial feed of a distributor or manufacturer and
23 distinguishing it from that of others.
24 (k) The term "product name" means the name of the
25 commercial feed which identifies it as to kind, class, or
26 specific use.
27 (l) The term "label" means a display of written, printed
28 or graphic matter upon or affixed to the container in which a
29 commercial feed is distributed, or on the invoice or delivery
30 slip with which a commercial feed or customer-formula feed is
31 distributed.
32 (m) The term "ton" means a net weight of 2000 pounds
33 avoirdupois.
34 (n) The term "per cent" or "percentage" means percentage
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1 by weight.
2 (o) The term "official sample" means any sample of feed
3 taken by the Director or his agent and designated as
4 "official" by the Director or his agent.
5 (p) The term "contract feeder" means a person who, as an
6 independent contractor, feeds commercial feed to animals
7 pursuant to a contract whereby such commercial feed is
8 supplied, furnished or otherwise provided to such person and
9 whereby such person's remuneration is determined all or in
10 part by feed consumption, mortality, profits or amount or
11 quality of product.
12 (q) The term "seed" means agricultural, grass, vegetable
13 or other seeds as determined by the Department.
14 (r) The term "grain" means corn, wheat, rye, oats,
15 barley, flaxseed, sorghum, soybeans, mixed grain, and any
16 other food grains, feed grains, and oilseeds for which
17 standards are established under the United States Grain
18 Standards Act.
19 (s) The term "pet food" means any commercial feed
20 prepared and distributed for consumption by dogs and cats.
21 (t) The term "specialty pet food" means any commercial
22 feed prepared and distributed for consumption by specialty
23 pets.
24 (u) The term "specialty pet" means any animal normally
25 maintained in confinement, including but not limited to,
26 gerbils, hamsters, birds, fish, snakes, turtles, and zoo
27 animals.
28 (v) The term "animal" means any living creature,
29 domestic or wild, but does not include man.
30 (w) The term "Department" means the Department of
31 Agriculture of the State of Illinois.
32 (x) The term "Director" means the Director of the
33 Department of Agriculture of the State of Illinois or duly
34 authorized representative.
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1 (y) The term "ruminant" includes any member of the order
2 of animals that has a stomach with 4 chambers (rumen,
3 reticulum, omasum, and abomasum) through which feed passes in
4 digestion. The order includes, but is not limited to,
5 cattle, buffalo, sheep, goats, deer, elk, and antelopes.
6 (z) The term "protein derived from mammalian tissues"
7 means any protein-containing portion of mammalian animals,
8 excluding: blood and blood products; gelatin; inspected meat
9 products that have been cooked and offered for human food and
10 further heat processed for feed (such as plate waste and used
11 cellulosic food casings); milk products (milk and milk
12 proteins); and any product whose only mammalian protein
13 consists entirely of porcine or equine protein.
14 (aa) The term "nonmammalian protein" includes proteins
15 from nonmammalian animals and plants.
16 (Source: P.A. 87-664.)
17 (505 ILCS 30/6.5 new)
18 Sec. 6.5. Record keeping requirements for certain
19 manufacturers and distributors. Manufacturers and
20 distributors that are subject to this Act and manufacture,
21 blend, or distribute products that contain or may contain
22 protein derived from mammalian tissues and that are intended
23 for use in animal feed must maintain records sufficient to
24 track these materials throughout their receipt, processing,
25 and distribution and, upon request, must make these records
26 available for inspection and copying by the Department. The
27 Department must adopt any rules necessary to implement the
28 requirements of this Section.
29 (505 ILCS 30/7) (from Ch. 56 1/2, par. 66.7)
30 Sec. 7. Adulteration. A commercial feed is adulterated:
31 (a) If it bears or contains any poisonous or deleterious
32 substance which may render it injurious to health; but in
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1 case the substance is not an added substance, the commercial
2 feed shall not be considered adulterated if the quantity of
3 the substance in such commercial feed does not ordinarily
4 render it injurious to health.
5 (b) If it bears or contains any poisonous, deleterious
6 or non-nutritive ingredient that has been added in sufficient
7 amount to render it unsafe within the meaning of Section 406
8 of the Federal Food, Drug and Cosmetic Act, other than one
9 which is a pesticide chemical in or on a raw agricultural
10 commodity or a food additive.
11 (c) If it is, bears or contains any food additive which
12 is unsafe within the meaning of Section 409 of the Federal
13 Food, Drug and Cosmetic Act.
14 (d) If it is a raw agricultural commodity and it bears
15 or contains a pesticide chemical which is unsafe within the
16 meaning of Section 408 of the Federal Food, Drug and Cosmetic
17 Act, provided, that where a pesticide chemical has been used
18 in or on a raw agricultural commodity in conformity with an
19 exemption granted or a tolerance prescribed under Section 408
20 of the Federal Food, Drug and Cosmetic Act and the raw
21 agricultural commodity has been subjected to processing, such
22 as, canning, cooking, freezing, dehydrating or milling, the
23 residue of the pesticide chemical remaining in or on the
24 processed feed shall not be deemed unsafe if such residue in
25 or on the raw agricultural commodity has been removed to the
26 extent possible by good manufacturing practices as adopted
27 and the concentration of the residue in the processed feed is
28 not greater than the tolerance prescribed for the raw
29 agricultural commodity, unless the feeding of the processed
30 feed will result or is likely to result in a pesticide
31 residue in the edible product of the animal, which is unsafe
32 within the meaning of Section 408 of the Federal Food, Drug
33 and Cosmetic Act.
34 (e) If it is, bears or contains any color additive which
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1 is unsafe within the meaning of Section 706 of the Federal
2 Food, Drug and Cosmetic Act.
3 (f) If it contains a drug and the methods used in, or
4 the facilities or controls used for, its manufacture,
5 processing, or packaging do not conform to current good
6 manufacturing practice regulations promulgated by the
7 Director to assure that the drug meets the requirements of
8 this Act as to safety and has the identity and strength and
9 meets the quality and purity characteristics which it
10 purports or is represented to possess. In promulgating these
11 regulations, the Director shall adopt the current good
12 manufacturing practice regulations for Type A medicated
13 articles and Type B and Type C medicated feeds established
14 under authority of the Federal Food, Drug, and Cosmetic Act,
15 unless he determines that they are not appropriate to the
16 conditions which exist in this State.
17 (g) If any valuable constituent has been in whole or in
18 part omitted or abstracted therefrom or any less valuable
19 substance substituted therefor.
20 (h) If its composition or quality falls below or differs
21 from that which it is purported or is represented to possess
22 by its labeling.
23 (i) If it contains weed seeds in amounts exceeding the
24 limits established by regulation.
25 (j) If it contains protein derived from mammalian
26 tissues and is used or intended to be used in ruminant feed
27 or contains other material known to cause or be associated
28 with bovine spongiform encephalopathy or a transmissible
29 spongiform encephalopathy.
30 (Source: P.A. 87-664.)
31 (505 ILCS 30/9.5 new)
32 Sec. 9.5. Inspection of licensees. Every 90 days, the
33 Department must inspect each facility of persons subject to
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1 licensure under Section 4 of this Act and that manufactures
2 or distributes commercial feed containing protein derived
3 from mammalian tissues. At each 90-day inspection, the
4 Department must specifically inspect for the presence or
5 absence of commercial feed mixed with or containing protein
6 derived from mammalian tissues. At each inspection, the
7 Department may inspect for any other violation of this Act or
8 its rules.
9 A facility otherwise subject to the requirements of the
10 Act is exempt from the inspection requirements of this
11 Section if it annually submits to the Department an
12 affidavit, signed by its owner or chief operating officer,
13 stating under oath that the facility does not handle, mix,
14 process, blend, or distribute feed or feed ingredients
15 containing protein derived from mammalian tissues. If at any
16 time after submitting this affidavit a facility handles,
17 mixes, processes, blends, or distributes feed or feed
18 ingredients containing protein derived from mammalian
19 tissues, that facility must within 7 days notify the
20 Department, which shall begin the 90-day inspections under
21 this Section as to this facility.
22 Unless authorized by law, the 90-day inspection
23 requirements imposed by this Section shall terminate 3 years
24 after the effective date of this amendatory Act of the 92nd
25 General Assembly.
26 The Department must adopt any rules necessary to
27 implement the requirements of this Section.
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.
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