Chapter 410 — PUBLIC HEALTH

(410 ILCS 620/11) (from Ch. 56 1/2, par. 511) Sec. 11. A food is misbranded: (a) If its labeling is false or misleading in any particular. (b) If it is offered for sale under the name of another food. (c) If it is an imitation of another food other than honey, unless its label be…

(410 ILCS 620/11.5) Sec. 11.5. Standardization of food labeling. (a) As used in this Section: "Quality date" means a date on a label affixed to the packaging or a container of food that communicates to consumers the date after which the food quality may begin to deteriorate but t…

(410 ILCS 620/11.7) Sec. 11.7. Baby foods; toxic elements. (a) In this Section: "Baby food" means food packaged in a jar, pouch, tub, or box sold specifically for babies and children under the age of 2 years old. "Baby food" does not include infant formula as defined in Section 2…

(410 ILCS 620/12) (from Ch. 56 1/2, par. 512) Sec. 12. (a) When the Director finds after investigation that the distribution in Illinois of any class of food may, by reason of contamination with microorganisms during manufacture, processing or packing thereof in any locality, be …

(410 ILCS 620/12.1) (from Ch. 56 1/2, par. 512.1) Sec. 12.1. The Director may promulgate regulations exempting from any labeling requirement of this Act: (1) small open containers of fresh fruits and fresh vegetables and (2) food which is, in accordance with the practice of the t…

(410 ILCS 620/13) (from Ch. 56 1/2, par. 513) Sec. 13. (a) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive shall with respect to any particular use or intended use be deemed unsafe…

(410 ILCS 620/14) (from Ch. 56 1/2, par. 514) Sec. 14. A drug or device is adulterated: (a)(1) If it consists in whole or in part of any filthy, putrid or decomposed substance; or (2) (A) if it has been produced, prepared, packed or held under unsanitary conditions whereby it may…

(410 ILCS 620/15) (from Ch. 56 1/2, par. 515) Sec. 15. A drug or device is misbranded - (a) If its labeling is false or misleading in any particular. (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer or distri…

(410 ILCS 620/16) (from Ch. 56 1/2, par. 516) Sec. 16. (a) The Director is hereby authorized to promulgate regulations exempting from any labeling or packaging requirement of this Act drugs and devices which are (i) in accordance with the practice of the trade, to be processed, l…

(410 ILCS 620/16.5) Sec. 16.5. Single-use surgical devices. (a) The General Assembly finds that certain surgical devices are designed to be used for only one surgical procedure. Further, the reuse, recycling, and refurbishing of surgical devices intended for single use have been …

(410 ILCS 620/17) (from Ch. 56 1/2, par. 517) Sec. 17. (a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless (1) an application with respect thereto has been approved and the approval has not been withdrawn under Section 505 of the Fede…

(410 ILCS 620/17.1) (from Ch. 56 1/2, par. 517.1) Sec. 17.1. (a) (1) A new animal drug shall, with respect to any particular use or intended use of such drug, be deemed unsafe for the purposes of this Act unless, (A) there is in effect an approval of an application filed pursuant…

(410 ILCS 620/17.2) Sec. 17.2. Cosmetic testing on animals. (a) In this Section: "Animal test" means the internal or external application of a cosmetic, either in its final form or any ingredient thereof, to the skin, eyes, or other body part of a live, nonhuman vertebrate. "Cosm…

(410 ILCS 620/18) (from Ch. 56 1/2, par. 518) Sec. 18. A cosmetic is adulterated: (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof or under suc…

(410 ILCS 620/19) (from Ch. 56 1/2, par. 519) Sec. 19. A cosmetic is misbranded: (a) If its labeling is false or misleading in any particular. (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer or distributor; …

(410 ILCS 620/2) (from Ch. 56 1/2, par. 502) Sec. 2. In this Act unless the context otherwise requires, the words and phrases defined in Sections 2.1 through 2.37, have the meanings set forth therein. (Source: P.A. 84-891.)

(410 ILCS 620/2.1) (from Ch. 56 1/2, par. 502.1) Sec. 2.1. "Director" means the Director of Public Health; except that in regard to new animal drugs, animal feed, meat and poultry and meat and poultry food products other than those sold at retail, "Director" means the Director of…

(410 ILCS 620/2.10) (from Ch. 56 1/2, par. 502.10) Sec. 2.10. "Labeling" means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers or accompanying such article. (Source: Laws 1967, p. 959.)

(410 ILCS 620/2.11) (from Ch. 56 1/2, par. 502.11) Sec. 2.11. If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleadi…

(410 ILCS 620/2.12) (from Ch. 56 1/2, par. 502.12) Sec. 2.12. "Advertisement" means all representations disseminated in any manner or by any means other than by labeling, to induce or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosm…

(410 ILCS 620/2.13) (from Ch. 56 1/2, par. 502.13) Sec. 2.13. The representation of a drug in its labeling or advertisement as an antiseptic shall be considered to be a representation that it is a germicide, except for a drug purporting to be or represented as an antiseptic for i…

(410 ILCS 620/2.14) (from Ch. 56 1/2, par. 502.14) Sec. 2.14. "New drug" means (1) any drug (except a new animal drug or an animal feed bearing or containing a new animal drug) the composition of which is such that the drug is not generally recognized among experts qualified by s…

(410 ILCS 620/2.15) (from Ch. 56 1/2, par. 502.15) Sec. 2.15. "Contaminated with filth" applies to any food, drug, device or cosmetic not securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations. (Sou…

(410 ILCS 620/2.16) (from Ch. 56 1/2, par. 502.16) Sec. 2.16. The provisions of this Act regarding the selling of food, drugs, devices or cosmetics, include the manufacture, production, processing, packing, packaging, exposure, offer, possession and holding of any such article fo…

(410 ILCS 620/2.17) (from Ch. 56 1/2, par. 502.17) Sec. 2.17. "Pesticide chemical" means any substance which alone, in chemical combination or in formulation with one or more other substances is "a pesticide" within the meaning of the Federal Insecticide, Fungicide and Rodenticid…

(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 …

(410 ILCS 620/2.19) (from Ch. 56 1/2, par. 502.19) Sec. 2.19. "Food additive" means any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food…

(410 ILCS 620/2.2) (from Ch. 56 1/2, par. 502.2) Sec. 2.2. "Person" includes individual, partnership, corporation and association. (Source: Laws 1967, p. 959.)

(410 ILCS 620/2.20) (from Ch. 56 1/2, par. 502.20) Sec. 2.20. (1) "Color additive" means a material which-(A) is a dye, pigment or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or fin…

(410 ILCS 620/2.21) (from Ch. 56 1/2, par. 502.21) Sec. 2.21. "Federal Act" means the Federal Food, Drug and Cosmetic Act, as amended. (Source: Laws 1967, p. 959.)

(410 ILCS 620/2.22) (from Ch. 56 1/2, par. 502.22) Sec. 2.22. "Drug product selection", as used in Section 3.14 of this Act, means the act of selecting the source of supply of a drug product in a specified dosage form in accordance with Section 3.14 of this Act and Section 25 of …

(410 ILCS 620/2.23) (from Ch. 56 1/2, par. 502.23) Sec. 2.23. "Bulk food" means unpackaged or unwrapped, processed or unprocessed food in aggregate containers from which quantities desired by the consumer may be withdrawn. For the purpose of this Act, bulk food does not include f…

(410 ILCS 620/2.24) (from Ch. 56 1/2, par. 502.24) Sec. 2.24. "Counterfeit drug" means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint or device, or any likeness thereof, of a drug manu…

(410 ILCS 620/2.25) (from Ch. 56 1/2, par. 502.25) Sec. 2.25. "New animal drug" means any drug intended for use for animals other than man, including any drug intended for use in animal feed but not including such animal feed (1) the composition of which is such that such drug is…

(410 ILCS 620/2.26) (from Ch. 56 1/2, par. 502.26) Sec. 2.26. "Animal feed", as used in Section 2.25 of this Act and in the provisions of this Act referring to Section 512 of the Federal Act, means an article which is intended for use in food for animals other than man and which …

(410 ILCS 620/2.27) (from Ch. 56 1/2, par. 502.27) Sec. 2.27. "Saccharin" includes calcium saccharin, sodium saccharin and ammonium saccharin. (Source: P.A. 84-891.)

(410 ILCS 620/2.28) (from Ch. 56 1/2, par. 502.28) Sec. 2.28. "Infant formula" means a food which purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute…

(410 ILCS 620/2.29) (from Ch. 56 1/2, par. 502.29) Sec. 2.29. "Vended water device" means any self-service device which, upon insertion of coins or token, or by some other means, dispenses unit services of water into a container without the necessity of refilling the machine betw…

(410 ILCS 620/2.3) (from Ch. 56 1/2, par. 502.3) Sec. 2.3. "Food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. (Source: Laws 1967, p. 959.)

(410 ILCS 620/2.30) (from Ch. 56 1/2, par. 502.30) Sec. 2.30. "Bulk milk hauler-sampler" means a person who is qualified and trained for the grading and sampling of raw milk in accordance with Federal and State quality standards and procedures. (Source: P.A. 84-891.)

(410 ILCS 620/2.31) (from Ch. 56 1/2, par. 502.31) Sec. 2.31. "Manufactured milk producer" means one or more persons who exercise control over the production of raw milk delivered to a manufactured milk processing plant and those who receive payment for such product. (Source: P.A…

(410 ILCS 620/2.32) (from Ch. 56 1/2, par. 502.32) Sec. 2.32. "Manufactured dairy farm" means a place or premises where one or more milking cows or goats are kept, a part or all of the milk produced thereon being delivered, sold or offered for sale to a plant for manufacturing pu…

(410 ILCS 620/2.33) (from Ch. 56 1/2, par. 502.33) Sec. 2.33. "Manufactured dairy plant" means any place, premises or establishment where milk or dairy products are received or handled for processing or manufacturing or prepared for distribution. "Plant", when that term is used i…

(410 ILCS 620/2.34) (from Ch. 56 1/2, par. 502.34) Sec. 2.34. "Milk for manufacturing purposes" means milk produced for processing and manufacturing into products for human consumption but not subject to Grade A or comparable requirements. (Source: P.A. 84-891.)

(410 ILCS 620/2.35) (from Ch. 56 1/2, par. 502.35) Sec. 2.35. "Manufactured dairy products" means, but is not limited to, evaporated milk, condensed skim milk, condensed milk, concentrate milk, nonfat dry milk, dry milk, dry cream, dry whey, dry buttermilk, butter, buttermilk, ch…

(410 ILCS 620/2.36) (from Ch. 56 1/2, par. 502.36) Sec. 2.36. "Prescription" means and includes any order for drugs or medical devices, written, facsimile, or verbal by a physician licensed to practice medicine in all its branches, dentist, veterinarian, or podiatric physician co…

(410 ILCS 620/2.37) (from Ch. 56 1/2, par. 502.37) Sec. 2.37. "Prescription drug" means any drug which is required to bear on its label the statement "Caution: Federal Law Prohibits Dispensing Without Prescription". (Source: P.A. 84-891.)

(410 ILCS 620/2.38) Sec. 2.38. Bulk milk pickup tank. "Bulk milk pickup tank" means the tank, and those appurtenances necessary for its use, used by a milk hauler-sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or transf…

(410 ILCS 620/2.39) Sec. 2.39. Certified pasteurizer sealer. "Certified pasteurizer sealer" means a person who has satisfactorily completed a course of instruction and has demonstrated the ability to satisfactorily conduct all pasteurization control tests, as required by rules ad…

(410 ILCS 620/2.4) (from Ch. 56 1/2, par. 502.4) Sec. 2.4. (a) "Drug" means (1) articles recognized in the official United States Pharmacopoeia - National Formulary, official Homeopathic Pharmacopoeia of the United States, United States Dispensatory, or Remington's Practice of Ph…