Chapter 410 — PUBLIC HEALTH

(410 ILCS 620/2.5) (from Ch. 56 1/2, par. 502.5) Sec. 2.5. "Device" (except when used in Sections 2.11 and 3.10 and subsection (f) of Section 11, subsections (c) and (p) of Section 15, and subsection (c) of Section 19) means instruments, implements, machines, implants, in vitro r…

(410 ILCS 620/2.6) (from Ch. 56 1/2, par. 502.6) Sec. 2.6. "Cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or a…

(410 ILCS 620/2.7) (from Ch. 56 1/2, par. 502.7) Sec. 2.7. "Official compendium" means the official United States Pharmacopoeia - National Formulary, official Homeopathic Pharmacopoeia of the United States, United States Dispensatory, Remington's Practice of Pharmacy, or any supp…

(410 ILCS 620/2.8) (from Ch. 56 1/2, par. 502.8) Sec. 2.8. "Label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this Act that any word, statement, or other information appear on …

(410 ILCS 620/2.9) (from Ch. 56 1/2, par. 502.9) Sec. 2.9. "Immediate container" does not include package liners. (Source: Laws 1967, p. 959.)

(410 ILCS 620/20) (from Ch. 56 1/2, par. 520) Sec. 20. False or misleading advertisement. (a) An advertisement of a food, drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) For the purpose of this Act the advertisement of a dr…

(410 ILCS 620/21) (from Ch. 56 1/2, par. 521) Sec. 21. (a) The authority to promulgate regulations for the efficient enforcement of this Act is vested in the Director. The Director is authorized to make the regulations promulgated under this Act conform, in so far as practicable,…

(410 ILCS 620/21.1) (from Ch. 56 1/2, par. 521.1) Sec. 21.1. The Director shall, in accordance with this Act, promulgate rules and standards for manufactured dairy farms, manufactured dairy plants, bulk milk hauler-samplers, bulk milk pickup tanks, certified pasteurizer sealers, …

(410 ILCS 620/21.2) (from Ch. 56 1/2, par. 521.2) Sec. 21.2. After July 1, 1986, it shall be unlawful for any person to establish, maintain, conduct or operate a manufactured dairy farm or manufactured dairy plant, or to process milk for manufacturing purposes or manufactured dai…

(410 ILCS 620/21.3) Sec. 21.3. Certificates of free sale; health certificates; shellfish certificates. (a) The Department is authorized, upon request, to issue certificates of free sale, health certificates, or an equivalent, to Illinois food, dairy, drug, cosmetic, or medical de…

(410 ILCS 620/21.4) 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 bo…

(410 ILCS 620/21.5) Sec. 21.5. Default beverage for children's meals. (a) In this Section: "Children's meal" means a combination of food items sold for a single price intended for consumption by children. "Default beverage" means a beverage automatically included as part of a chi…

(410 ILCS 620/22) (from Ch. 56 1/2, par. 522) Sec. 22. (a) For purposes of enforcement of this Act, officers or employees designated by the Director, or the Director of Agriculture, where applicable, upon presenting appropriate credentials and a written notice to the owner, opera…

(410 ILCS 620/22.1) (from Ch. 56 1/2, par. 522.1) Sec. 22.1. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Director of the Department of Public Health under this Act, exce…

(410 ILCS 620/22.2) (from Ch. 56 1/2, par. 522.2) Sec. 22.2. All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the provisions of the "Administrative Review Law", and the rules adopted pursuant thereto. The term "adminis…

(410 ILCS 620/22.3) (from Ch. 56 1/2, par. 522.3) Sec. 22.3. The Director after notice and opportunity for hearing to the applicant or permit holder may deny, suspend, or revoke a permit in any case in which he or she finds that there has been a substantial failure to comply with…

(410 ILCS 620/22.4) (from Ch. 56 1/2, par. 522.4) Sec. 22.4. Food and Drug Safety Fund. There is created in the State Treasury a special fund to be known as the Food and Drug Safety Fund. All subscription, fine, and permit fees, certificate fees, and other moneys collected by the…

(410 ILCS 620/23) (from Ch. 56 1/2, par. 523) Sec. 23. (a) The Director may cause to be published from time to time reports summarizing all judgments and court orders which have been rendered under this Act, including the nature of the charge and the disposition thereof. (b) The …

(410 ILCS 620/24) (from Ch. 56 1/2, par. 524) Sec. 24. Nothing in this Act shall be construed to limit or repeal any provisions of the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. (Source: P.A. 94-556, eff. 9-11-05.)

(410 ILCS 620/25) (from Ch. 56 1/2, par. 525) Sec. 25. Notwithstanding any provisions to the contrary in this Act, the Director of Agriculture has exclusive jurisdiction to enforce Section 9 as to standards of identity, quantity and fill of container for foods, Sections 3.6, 3.9,…

(410 ILCS 620/26) (from Ch. 56 1/2, par. 526) Sec. 26. If any provision of this Act is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the Act and applicability thereof to other perso…

(410 ILCS 620/27) 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. (Source…

(410 ILCS 620/3) (from Ch. 56 1/2, par. 503) Sec. 3. The enumerated acts in Sections 3.1 through 3.21 and the causing thereof are prohibited in this State. (Source: P.A. 84-891.)

(410 ILCS 620/3.1) (from Ch. 56 1/2, par. 503.1) Sec. 3.1. The manufacture, sale or delivery, holding or offering for sale of any food, drug, device or cosmetic that is adulterated or misbranded. (Source: Laws 1967, p. 959.)

(410 ILCS 620/3.10) (from Ch. 56 1/2, par. 503.10) Sec. 3.10. (1) Forging, counterfeiting, simulating or falsely representing or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by regulations promulgated under the p…

(410 ILCS 620/3.11) (from Ch. 56 1/2, par. 503.11) Sec. 3.11. The using by any person to his own advantage, or revealing, other than to the Director or authorized representative or to the courts when relevant in any judicial proceeding under this Act of any information acquired u…

(410 ILCS 620/3.12) (from Ch. 56 1/2, par. 503.12) Sec. 3.12. The using on the labeling of any drug or device or in any advertisement relating to such drug or device of any representation or suggestion that an application with respect to such drug is effective under Section 17 or…

(410 ILCS 620/3.13) (from Ch. 56 1/2, par. 503.13) Sec. 3.13. In the case of a prescription drug distributed or offered for sale in this State, the failure of the manufacturer, packer or distributor thereof to maintain for transmittal or to transmit to any practitioner licensed b…

(410 ILCS 620/3.14) (from Ch. 56 1/2, par. 503.14) Sec. 3.14. Dispensing or causing to be dispensed a different drug in place of the drug or brand of drug ordered or prescribed without the express permission of the person ordering or prescribing. Except as set forth in Section 26…

(410 ILCS 620/3.15) (from Ch. 56 1/2, par. 503.15) Sec. 3.15. To offer for sale any bulk food in a manner other than to prevent direct handling of such items by the consumer. This Section shall not prohibit self-service by consumers provided that the dispensers utilized prevent t…

(410 ILCS 620/3.16) (from Ch. 56 1/2, par. 503.16) Sec. 3.16. (1) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or (2) …

(410 ILCS 620/3.17) (from Ch. 56 1/2, par. 503.17) Sec. 3.17. The failure to register in accordance with Section 510 of the Federal Act, the failure to provide any information required by Section 510(j) or (k) of the Federal Act, or the failure to provide a notice required by Sec…

(410 ILCS 620/3.18) (from Ch. 56 1/2, par. 503.18) Sec. 3.18. (1) The failure or refusal to (A) comply with any requirement prescribed under Section 518 or 520(g) of the Federal Act, or (B) furnish any notification or other material or information required by or under Section 519…

(410 ILCS 620/3.19) (from Ch. 56 1/2, par. 503.19) Sec. 3.19. The movement of a device in violation of any order under Section 304(g) of the Federal Act or the removal or alteration of any mark or label required by the order to identify the device as detained. (Source: P.A. 84-89…

(410 ILCS 620/3.2) (from Ch. 56 1/2, par. 503.2) Sec. 3.2. The adulteration or misbranding of any food, drug, device or cosmetic. (Source: Laws 1967, p. 959.)

(410 ILCS 620/3.20) (from Ch. 56 1/2, par. 503.20) Sec. 3.20. The failure to provide the notice required by Section 412(b) or 412(c), the failure to make the reports required by Section 412(d)(1)(B), or the failure to meet the requirements prescribed under Section 412(d)(2) of th…

(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21) Sec. 3.21. Except as authorized by this Act, the Illinois Controlled Substances Act, the Pharmacy Practice Act, the Dental Practice Act, the Medical Practice Act of 1987, the Veterinary Medicine and Surgery Practice Act of 2004, …

(410 ILCS 620/3.22) (from Ch. 56 1/2, par. 503.22) Sec. 3.22. (a) Whoever knowingly distributes, or possesses with intent to distribute, human growth hormone for any use in humans other than the treatment of a disease or other recognized medical condition, where the use has been …

(410 ILCS 620/3.23) Sec. 3.23. Legend drug prohibition. (a) In this Section: "Legend drug" means a drug limited by the Federal Food, Drug and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is: (1) habit forming; (2) toxic or havi…

(410 ILCS 620/3.24) Sec. 3.24. Drug misbranding; gluten. An oral drug is misbranded if gluten is included as an inactive ingredient and is not so listed on its label. This Section does not apply to a pharmacy or pharmacist, as those terms are defined in Section 3 of the Pharmacy …

(410 ILCS 620/3.3) (from Ch. 56 1/2, par. 503.3) Sec. 3.3. The receipt in commerce of any food, drug, device or cosmetic that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise. (Source: Laws 1967, p. 959.)

(410 ILCS 620/3.4) (from Ch. 56 1/2, par. 503.4) Sec. 3.4. The sale, delivery for sale, holding for sale or offering for sale of any article in violation of Section 12, 17 or 17.1. (Source: P.A. 84-891.)

(410 ILCS 620/3.5) (from Ch. 56 1/2, par. 503.5) Sec. 3.5. The dissemination of any false advertisement. (Source: Laws 1967, p. 959.)

(410 ILCS 620/3.6) (from Ch. 56 1/2, par. 503.6) Sec. 3.6. The refusal to permit entry or inspection or to permit the taking of a sample or to permit access to or copying of any record as authorized by Section 22; or the failure to establish or maintain any record or make any rep…

(410 ILCS 620/3.7) (from Ch. 56 1/2, par. 503.7) Sec. 3.7. The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the State of Il…

(410 ILCS 620/3.8) (from Ch. 56 1/2, par. 503.8) Sec. 3.8. The removal or disposal of a detained or embargoed article in violation of Section 6. (Source: Laws 1967, p. 959.)

(410 ILCS 620/3.9) (from Ch. 56 1/2, par. 503.9) Sec. 3.9. The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of or the doing of any other act with respect to a food, drug, device or cosmetic, if such act is done while such a…

(410 ILCS 620/4) (from Ch. 56 1/2, par. 504) Sec. 4. In addition to the remedies hereinafter provided the Director is authorized to file a complaint and apply to the circuit court for, and such court may upon hearing and for cause shown grant, a temporary restraining order or pre…

(410 ILCS 620/5) (from Ch. 56 1/2, par. 505) Sec. 5. (a) A person who violates any of the provisions of this Act, other than Sections 3.22 and 6, is guilty of a Class C misdemeanor; but if the violation is committed after a conviction of such person under this Section has become …

(410 ILCS 620/6) (from Ch. 56 1/2, par. 506) Sec. 6. (a) When an authorized agent of the Director finds or has probable cause to believe that any food, drug, device or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this Act, is in …