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Public Act 100-0394
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| SB0312 Enrolled | LRB100 05097 SMS 15107 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Food, Drug and Cosmetic Act is |
amended by adding Section 21.4 as follows:
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(410 ILCS 620/21.4 new) |
Sec. 21.4. Catfish labeling. |
(a) As used in this Section: |
"Catfish" means any species within the family Ictaluridae. |
"Menu" means any form from which a customer is offered food |
and beverage, including, but not limited to, traditional |
printed listings, white boards, chalkboards, and buffet |
labels. |
"Primarily engaged" means having sales of ready-to-eat |
food for immediate consumption comprising at least 51% of the |
total sales, excluding the sale of liquor. |
"Restaurant" means any business that is primarily engaged |
in the sale of ready-to-eat food for immediate consumption. |
"Similar fish" means species of fish similar to catfish, |
but within the families of Siluridae, Clariidae, and |
Pangasiidae. |
(b) A restaurant shall not label a menu item as containing |
catfish unless the item contains catfish. |
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(c) An individual may file a complaint alleging a violation |
of subsection (b) of this Section with the Department of Public |
Health or a local health department. The complaint must include |
a copy, electronic copy, or photograph of the menu. After |
receiving a complaint that meets the requirements of this |
subsection, the Department of Public Health or local health |
department shall notify the restaurant in writing that there |
has been a complaint alleging a violation of subsection (b). |
The notice must include information concerning the penalties |
for violating this Section. |
If the Department of Public Health or a local health |
department receives 2 separate complaints for a restaurant that |
meet the requirements of this subsection, then the Department |
of Public Health or local health department shall inspect the |
menu, books, records, and inventory of the restaurant to |
determine whether, in the Department of Public Health's or |
local health department's discretion, the item advertised on |
the restaurant's menu is consistent with the books, records, |
and inventory of the restaurant. |
(d) If a restaurant is found to be in violation of this |
Section following an inspection under subsection (c) of this |
Section for the first time, then the Department of Public |
Health or local health department shall: (1) notify the |
restaurant in writing that the restaurant must correct the |
mislabeling within 14 days after receiving the notice and (2) |
impose a $250 fine upon the restaurant. |
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The Department of Public Health or local health department |
shall impose a $1,000 fine upon a restaurant found to be in |
violation of this Section a second time. |
For a restaurant found to be in violation of this Section a |
third or subsequent time, the Department of Public Health or |
local health department shall (1) impose a $5,000 fine, (2) |
suspend the restaurant's license, or (3) both. |
(e) A restaurant found to be incorrectly labeling a menu |
item as containing catfish shall not be held liable for a |
violation of this Section by reason of the conduct of another |
if the restaurant relied on the designation provided by the |
restaurant's supplier, unless the restaurant willfully |
disregarded information establishing that the designation was |
false. |
If a restaurant's records indicate that it has purchased |
both catfish and similar fish from its suppliers and the |
restaurant labels an item on its menu as containing a similar |
fish, then the restaurant shall not be held liable for a |
violation of this Section. |
(f) The Department of Public Health may adopt any rules |
necessary to implement this Section.
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Section 99. Effective date. This Act takes effect July 1, |
2018. |