AUTHORITY: Implementing and authorized by the Meat and Poultry Inspection Act [225 ILCS 650] and Section 5-625 of the Civil Administrative Code of Illinois [20 ILCS 5].

SOURCE: Adopted at 9 Ill. Reg. 1782, effective January 24, 1985; peremptory amendment at 9 Ill. Reg. 2337, effective January 28, 1985; peremptory amendment at 9 Ill. Reg. 2980, effective February 20, 1985; peremptory amendment at 9 Ill. Reg. 4856, effective April 1, 1985; peremptory amendment at 9 Ill. Reg. 9240, effective June 5, 1985; peremptory amendment at 9 Ill. Reg. 10102, effective June 13, 1985; peremptory amendment at 9 Ill. Reg. 11673, effective July 17, 1985; peremptory amendment at 9 Ill. Reg. 13748, effective August 23, 1985; peremptory amendment at 9 Ill. Reg. 15575, effective October 2, 1985; peremptory amendment at 9 Ill. Reg. 19759, effective December 5, 1985; peremptory amendment at 10 Ill. Reg. 447, effective December 23, 1985; peremptory amendment at 10 Ill. Reg. 1307, effective January 7, 1986; peremptory amendment at 10 Ill. Reg. 3318, effective January 24, 1986; peremptory amendment at 10 Ill. Reg. 3880, effective February 7, 1986; peremptory amendment at 10 Ill. Reg. 11478, effective June 25, 1986; peremptory amendment at 10 Ill. Reg. 14858, effective August 22, 1986; peremptory amendment at 10 Ill. Reg. 15305, effective September 10, 1986; peremptory amendment at 10 Ill. Reg. 16743, effective September 19, 1986; peremptory amendment at 10 Ill. Reg. 18203, effective October 15, 1986; peremptory amendment at 10 Ill. Reg. 19818, effective November 12, 1986; peremptory amendment at 11 Ill. Reg. 1696, effective January 5, 1987; peremptory amendment at 11 Ill. Reg. 2930, effective January 23, 1987; peremptory amendment at 11 Ill. Reg. 9645, effective April 29, 1987; peremptory amendment at 11 Ill. Reg. 10321, effective May 15, 1987; peremptory amendment at 11 Ill. Reg. 11184, effective June 5, 1987; peremptory amendment at 11 Ill. Reg. 14830, effective August 25, 1987; peremptory amendment at 11 Ill. Reg. 18799, effective November 3, 1987; peremptory amendment at 11 Ill. Reg. 19805, effective November 19, 1987; peremptory amendment at 12 Ill. Reg. 2154, effective January 6, 1988; amended at 12 Ill. Reg. 3417, effective January 22, 1988; peremptory amendment at 12 Ill. Reg. 4879, effective February 25, 1988; peremptory amendment at 12 Ill. Reg. 6313, effective March 21, 1988; peremptory amendment at 12 Ill. Reg. 6819, effective March 29, 1988; peremptory amendment at 12 Ill. Reg. 13621, effective August 8, 1988; peremptory amendment at 12 Ill. Reg. 19116, effective November 1, 1988; peremptory amendment at 12 Ill. Reg. 20894, effective December 21, 1988; peremptory amendment at 13 Ill. Reg. 228, effective January 11, 1989; peremptory amendment at 13 Ill. Reg. 2160, effective February 13, 1989; amended at 13 Ill. Reg. 3696, effective March 13, 1989; peremptory amendment at 13 Ill. Reg. 15853, effective October 5, 1989; peremptory amendment at 13 Ill. Reg. 16838, effective October 11, 1989; peremptory amendment at 13 Ill. Reg. 17495, effective January 18, 1990; amended at 14 Ill. Reg. 3424, effective February 26, 1990; peremptory amendment at 14 Ill. Reg. 4953, effective March 23, 1990; peremptory amendment at 14 Ill. Reg. 11401, effective July 6, 1990; peremptory amendment at 14 Ill. Reg. 13355, effective August 20, 1990; peremptory amendment at 14 Ill. Reg. 16064, effective September 24, 1990; peremptory amendment at 14 Ill. Reg. 21060, effective May 29, 1991; peremptory amendment at 15 Ill. Reg. 620, effective January 2, 1991; peremptory amendment withdrawn at 15 Ill. Reg. 1574, effective January 2, 1991; peremptory amendment at 15 Ill. Reg. 3117, effective September 3, 1991; peremptory amendment at 15 Ill. Reg. 8714, effective May 29, 1991; amended at 15 Ill. Reg. 8801, effective June 7, 1991; peremptory amendment at 15 Ill. Reg. 13976, effective September 20, 1991; peremptory amendment at 16 Ill. Reg. 1899, effective March 2, 1992; amended at 16 Ill. Reg. 8349, effective May 26, 1992; peremptory amendment at 16 Ill. Reg. 11687, effective July 10, 1992; peremptory amendment at 16 Ill. Reg. 11963, effective July 22, 1992; peremptory amendment at 16 Ill. Reg. 12234, effective July 24, 1992; peremptory amendment at 16 Ill. Reg. 16337, effective October 19, 1992; peremptory amendment at 16 Ill. Reg. 17165, effective October 21, 1992; peremptory amendment at 17 Ill. Reg. 2063, effective February 12, 1993; peremptory amendment at 17 Ill. Reg. 15725, effective September 7, 1993; peremptory amendment at 17 Ill. Reg. 16238, effective September 8, 1993; peremptory amendment at 17 Ill. Reg. 18215, effective October 5, 1993; peremptory amendment at 18 Ill. Reg. 304, effective December 23, 1993; peremptory amendment at 18 Ill. Reg. 2164, effective January 24, 1994; amended at 18 Ill. Reg. 4622, effective March 14, 1994; peremptory amendment at 18 Ill. Reg. 6442, effective April 18, 1994; peremptory amendment at 18 Ill. Reg. 8493, effective May 27, 1994; amended at 18 Ill. Reg. 11489, effective July 7, 1994; peremptory amendment at 18 Ill. Reg. 12546, effective July 29, 1994; peremptory amendment at 18 Ill. Reg. 14475, effective September 7, 1994; amended at 18 Ill. Reg. 14924, effective September 26, 1994; peremptory amendment at 18 Ill. Reg. 15452, effective September 27, 1994; peremptory amendment at 19 Ill. Reg. 1342, effective January 27, 1995; peremptory amendment at 19 Ill. Reg. 4765, effective March 13, 1995; peremptory amendment at 19 Ill. Reg. 7067, effective May 8, 1995; peremptory amendment at 19 Ill. Reg. 14896, effective October 6, 1995; peremptory amendment at 19 Ill. Reg. 15766, effective November 10, 1995; peremptory amendment at 19 Ill. Reg. 16866, effective December 22, 1995; peremptory amendment at 20 Ill. Reg. 5091, effective March 19, 1996; peremptory amendment at 20 Ill. Reg. 10403, effective July 17, 1996; amended at 20 Ill. Reg. 11928, effective September 1, 1996; peremptory amendment at 20 Ill. Reg. 12634, effective September 5, 1996; peremptory amendment at 20 Ill. Reg. 15371, effective November 13, 1996; peremptory amendment at 21 Ill. Reg. 1221, effective January 14, 1997; peremptory amendment at 21 Ill. Reg. 1719, effective January 28, 1997; peremptory amendment at 21 Ill. Reg. 6609, effective May 20, 1997; amended at 21 Ill. Reg. 11494, effective August 1, 1997; peremptory amendment at 21 Ill. Reg. 11788, effective August 8, 1997; peremptory amendment at 21 Ill. Reg. 12686, effective August 28, 1997; peremptory amendment at 21 Ill. Reg. 14575, effective October 22, 1997; peremptory amendment at 22 Ill. Reg. 3602, effective February 2, 1998; peremptory amendment at 22 Ill. Reg. 5740, effective March 5, 1998; peremptory amendment at 22 Ill. Reg. 9384, effective May 15, 1998; peremptory amendment at 22 Ill. Reg. 20645, effective November 16, 1998; amended at 23 Ill. Reg. 450, effective January 1, 1999; peremptory amendment at 23 Ill. Reg. 3851, effective March 11, 1999; peremptory amendment at 23 Ill. Reg. 10880, effective August 19, 1999; peremptory amendment at 24 Ill. Reg. 3933, effective February 22, 2000; peremptory amendment at 24 Ill. Reg. 5699, effective March 14, 2000; peremptory amendment at 24 Ill. Reg. 6734, effective April 14, 2000; amended at 24 Ill. Reg. 7197, effective April 27, 2000; peremptory amendment at 24 Ill. Reg. 14074, effective August 30, 2000; peremptory amendment at 24 Ill. Reg. 14451, effective September 15, 2000; peremptory amendment at 25 Ill. Reg. 7341, effective April 26, 2001; peremptory amendment at 25 Ill. Reg. 12434, effective September 13, 2001; peremptory amendment at 25 Ill. Reg. 15444, effective November 19, 2001; peremptory amendment at 26 Ill. Reg. 980, effective January 11, 2002; peremptory amendment at 26 Ill. Reg. 7750, effective May 10, 2002; amended at 27 Ill. Reg. 10205, effective July 1, 2003; peremptory amendment at 27 Ill. Reg. 13634, effective July 28, 2003; emergency amendment at 27 Ill. Reg. 14197, effective August 15, 2003, for a maximum of 150 days; emergency expired January 11, 2004; peremptory amendment at 27 Ill. Reg. 15172, effective September 15, 2003; peremptory amendment at 27 Ill. Reg. 17281, effective November 1, 2003; peremptory amendment at 27 Ill. Reg. 18270, effective November 14, 2003; amended at 28 Ill. Reg. 2131, effective February 1, 2004; peremptory amendment at 28 Ill. Reg. 3513, effective February 6, 2004; peremptory amendment at 28 Ill. Reg. 11934, effective August 5, 2004; peremptory amendment at 28 Ill. Reg. 15694, effective November 30, 2004; peremptory amendment at 28 Ill. Reg. 16368, effective December 6, 2004; peremptory amendment at 29 Ill. Reg. 2479, effective February 1, 2005; amended at 29 Ill. Reg. 5661, effective April 13, 2005; peremptory amendment at 29 Ill. Reg. 15645, effective October 7, 2005; amended at 29 Ill. Reg. 18432, effective October 28, 2005; peremptory amendment at 29 Ill. Reg. 20580, effective November 29, 2005; peremptory amendment at 29 Ill. Reg. 21058, effective December 21, 2005; peremptory amendment at 30 Ill. Reg. 2400, effective February 6, 2006; peremptory amendment at 30 Ill. Reg. 16081, effective September 25, 2006; peremptory amendment at 31 Ill. Reg. 5149, effective March 16, 2007; peremptory amendment at 31 Ill. Reg. 12624, effective August 20, 2007; peremptory amendment at 31 Ill. Reg. 16763, effective December 10, 2007; peremptory amendment at 32 Ill. Reg. 590, effective January 1, 2008; peremptory amendment at 32 Ill. Reg. 17831, effective October 30, 2008; peremptory amendment at 33 Ill. Reg. 1230, effective January 5, 2009; peremptory amendment at 33 Ill. Reg. 6338, effective April 17, 2009; peremptory amendment at 33 Ill. Reg. 12040, effective August 5, 2009; peremptory amendment at 35 Ill. Reg. 571, effective December 22, 2010; peremptory amendment at 35 Ill. Reg. 1802, effective January 14, 2011; peremptory amendment at 35 Ill. Reg. 19553, effective January 1, 2012; peremptory amendment at 36 Ill. Reg. 9264, effective June 6, 2012; amended at 36 Ill. Reg. 14664, effective October 1, 2012; peremptory amendment at 36 Ill. Reg. 17930, effective December 21, 2012; peremptory amendment at 37 Ill. Reg. 875, effective January 28, 2013; peremptory amendment at 37 Ill. Reg. 6870, effective May 6, 2013; peremptory amendment at 38 Ill. Reg. 4176, effective February 1, 2014; peremptory amendment at 38 Ill. Reg. 20825, effective October 20, 2014; peremptory amendment at 39 Ill. Reg. 502, effective December 22, 2014; amended at 40 Ill. Reg. 2739, effective January 22, 2016; amended at 40 Ill. Reg. 8696, effective June 17, 2016; peremptory amendment at 40 Ill. Reg. 13486, effective September 16, 2016; amended at 43 Ill. Reg. 4526, effective March 26, 2019; amended at 43 Ill. Reg. 12978, effective October 28, 2019.

SUBPART A: GENERAL PROVISIONS FOR BOTH MEAT AND/OR POULTRY INSPECTION

 

Section 125.10  Definitions

 

a)         The Department incorporates by reference the definitions of terms in 9 CFR 301, 303.1(d)(2), (ii), (iii) (a), (b), (d), (e) and (f), (iv), (v) and (vi), 381.1, 381.10(d)(2), (ii), (iii)(a), (b), (d), (iv), (v) and (vi), 352.1(b) through (t) and 362.1 (2004; 69 FR 1874, effective January 12, 2004; 83 FR 25302, effective July 30, 2018), unless they are otherwise defined in the Meat and Poultry Inspection Act [225 ILCS 650] or in this Section.

 

"Act" means the Meat and Poultry Inspection Act [225 ILCS 650].

 

"Approved veterinarian" means any person who has graduated from a veterinary college that is recognized by the American Veterinary Medical Association.

 

"Birds" shall mean poultry as defined in Section 2.7 of the Act.

 

"Condition" means any condition, including, but not being limited to, the state of preservation, cleanliness, or soundness of any product made from rabbits or the processing, handling, or packaging that may affect the wholesomeness of the product.

 

"Livestock" means cattle, sheep, swine, buffalo, catalo, cattalo, domestic deer, domestic elk, domestic antelope, domestic reindeer, water buffalo, and goats.

 

"Members of the household" means those persons who occupy a single family unit.

 

b)         With regard to the definitions of consumer and similar type establishment, the Director has not designated any other type of establishment or institution under these terms other than those specifically stated in the incorporated language.

 

c)         With regard to the definitions of retail store, only those sections that are incorporated by reference as stated in Section 125.10(a) shall be included in the definition.  References within the incorporated language to the section of the federal rules pertaining to operations of types traditionally and usually conducted at retail stores and restaurants refer to the operations defined in Section 5(A) of the Act.  No product exempted from inspection in accordance with Section 5 of the Act shall be prepared in any retail store, restaurant or similar retail-type establishment.

 

d)         References in the incorporated language to 9 CFR 312 and 313 shall be interpreted as references to Sections 125.90 and 125.220 respectively.  References to the Humane Methods of Slaughter Act (7 USC 1901 et seq.) shall have the meaning set forth in Section 125.220.

 

(Source:  Amended at 43 Ill. Reg. 3202, effective February 25, 2019)

 

Section 125.20  Incorporation by Reference of Federal Rules

 

a)         The federal rules that have been incorporated by reference in this Part do not include any future amendments, additions or deletions beyond the date specified.

 

b)         For the purpose of administering the federal rules:

 

1)         References to U.S., U.S. Department of Agriculture, Animal and Plant Health Inspection Service or Food Safety and Inspection Service shall mean Illinois, Illinois Department of Agriculture, and the Bureau of Meat and Poultry Inspection, respectively.

 

2)         References to federal personnel (e.g., Secretary, Administrator, Regional Director, Area Supervisor, Circuit Supervisor, and Program Employee) shall mean the Director and State Inspection personnel as defined in Sections 2.2, 2.13 and 2.14 of the Act. References to federal inspection in the incorporations by reference shall mean State inspection.

 

3)         Terms, including but not limited to, promptly, properly, adequately, sufficiently, acceptable, abundant, ample, and thoroughly are considered superfluous.  Compliance with the expressed provisions of the Act and the rules of this Part will be deemed sufficient.

 

4)         References to Subchapter shall mean in accordance with provisions of this Part.  References to the federal Rules of Practice shall mean in accordance with the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's administrative rules (8 Ill. Adm. Code 1).  References within the incorporated language to other parts and sections of the Federal meat inspection or poultry inspection rules shall mean in accordance with those specific provisions as adopted in the rules of this Part.  References within the incorporated language to other sections of the federal rules pertaining to equine requirements are not applicable in the Department's enforcement of the rules of this Part.

 

5)         The Department has interpreted the language in the federal rules which refers to the Administrator making decisions "in specific cases" to mean that the Director shall take action based upon the circumstances in a particular case which warrants action to be taken other than as set forth in the rules.  In taking such action, the Director shall consider factors, including but not limited to, the potential public health hazard created by the violation, safety hazard to the employees of the establishment or the inspector, the time needed to correct the violation, and the time needed to recall products in order to conduct laboratory analysis.  Under no circumstances shall the Department waive statutorily mandated requirements.

 

c)         Section 16.1 of the Meat and Poultry Inspection Act [225 ILCS 650/16.1] adopts by reference the guidelines and procedures as prepared and approved by the United States Department of Agriculture (USDA), Washington, D.C. The following documents are encompassed by that Section 16.1.  The publications are effective on the date designated by the USDA and are available through the Department:

 

1)         "Meat and Poultry Inspection Manual,".

 

2)         "List of Proprietary Substances and Nonfood Compounds,".

 

(Source:  Amended by peremptory rulemaking at 24 Ill. Reg. 3933, effective February 22, 2000)

 

Section 125.30  Application for License; Approval

 

a)         An application for license to operate an establishment or act as a broker shall be made in accordance with Section 3 of the Act.  A fee as set forth in Section 3(b) of the Act shall accompany the license application.

 

b)         When there is a change in the ownership of the brokerage business or of the establishment or of any tenant or subsidiary of the licensee, a new application for license shall be submitted by the person desiring to operate the establishment or act as a broker in accordance with subsection (a) of this Section.  If there has been no change in the facilities of the establishment as shown on the drawings and specifications required by subsection (c) of this Section and the licensee so states in writing to the Department, copies of drawings and specifications shall not be required to accompany the new application for license.  When there is a change in the facilities or location of any official establishment or broker, a new application for license shall be submitted by the licensee in accordance with subsections (a) and (c) of this Section.

 

c)         In the case of establishments handling meat and meat products, the Department incorporates by reference 9 CFR 304.2(a)(1) and (2) and 304.3 (1997; 79 FR 26929, effective May 8, 2012), and in the case of establishments handling poultry and poultry products, the Department incorporates by reference 9 CFR 381.22 (2004; 79 FR 26929, effective May 8, 2012).  If the establishment handles both meat and/or poultry or meat and/or poultry products, the establishment shall comply with both of the before-stated provisions.  Except that in any case, the Department requests 3 copies of said drawings and specifications to accompany the application for license.  The specification requirements are as set forth in Sections 125.170 and 125.180.

 

d)         The applicant for license to operate an establishment or act as a broker shall submit the following information to the Department on the application form:

 

1)         Name and address and telephone number of the applicant.

 

2)         Type of operation(s) the applicant will be performing (i.e., slaughter, processing, custom slaughter, meat broker, poultry broker, or meat and poultry broker).

 

3)         The location of the establishment or brokerage business for which the license is requested.

 

4)         The name and address of any tenant or subsidiary of the applicant that will be preparing meat and/or poultry or meat and/or poultry products at the establishment (if applicable).

 

5)         Name of the establishment (trade name).

 

6)         Legal entity of the applicant (e.g., individual, association, corporation) and the legal name of the business.

 

7)         State where the corporation or association is incorporated and list of officers (if applicable).

 

e)         The applicant for license shall certify on the application for license that he/she shall comply with the Act and the rules of this Part.  The applicant and any tenant or subsidiary of the applicant shall be responsible for compliance with the Act and rules of this Part.

 

f)         The slaughter or preparation of meat and/or poultry products at any official establishment shall be performed only by employees of the licensee or by employees of the tenant or subsidiary whose name was submitted to the Department on the license application.

 

g)         Before issuing a license to operate an establishment an inspection shall be made of the establishment to determine compliance with Sections 125.50, 125.170 and 125.180.  All labels shall be approved in accordance with Sections 125.90 and 125.260 before any meat and/or poultry or meat and/or poultry product is transported in commerce.  The Director shall issue a license to act as a broker or to operate an establishment if the applicant is not in violation of Section 19 of the Act and the establishment is in compliance with the rules of this Part.  If the applicant for license is denied, the procedure as set forth in Section 19(F) of the Act shall be followed.

 

h)         Only one license to operate an official establishment shall be issued by the Department for each facility.  The slaughter of meat and/or poultry or the preparation of meat and/or poultry products by any tenant or subsidiary of the licensee who is listed on the application form shall be construed as part of the official establishment for inspection purposes.

 

(Source:  Peremptory amendment at 36 Ill. Reg. 9264, effective June 6, 2012)

 

Section 125.40  Official Number

 

The Department incorporates by reference 9 CFR 305.1 (2004).

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.50  Inspections; Suspension or Revocation of License

 

a)         An official establishment shall be physically separated (e.g., permanent wall or separate building) from any other operations licensed by the Department (e.g., renderer or blender).

 

b)         The Department incorporates by reference 9 CFR 305.2(c), 305.3 and 381.26 (2004).  The sanitary conditions and adequate facilities referred to in the incorporated language shall mean that the conditions will be deemed sanitary if they are in compliance with Section 125.180 and facilities will be deemed adequate if they are in compliance with Section 125.170.

 

c)         The Director shall suspend or revoke a license in accordance with the provisions of Section 19(E) of the Act.  The Department shall follow the procedure set forth in Section 19(F) of the Act prior to suspending or revoking a license.  The Department will suspend a license until the violation is corrected and brought into compliance with the Act or this Part.  The Department will revoke a license for repeated violations of the Act or this Part.  In deciding to revoke a license, the Department shall consider factors pertinent to the case, such as the number of violations involved, the number of previous violations of the establishment, the nature of the violation(s) (e.g., public health hazard, bribery, and misuse of official legends or marks) and its severity.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.60  Administrative Hearings; Appeals  (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 11494, effective August 1, 1997)

 

Section 125.70  Assignment and Authority of Program Employees

 

a)         Each inspector will be furnished with a numbered, official badge by the Department.  The inspector shall wear this badge where it is visible while performing his/her duties and shall not permit the badge to leave his/her possession.  This badge shall be sufficient identification to entitle the inspector to admittance to the premises and facilities of the official establishment or business of the broker.

 

b)         Program employees shall have access during the hours that the broker or establishment is operating to the establishment, records, and inventory of an establishment or broker for the purpose of determining compliance with the Act and the rules of this Part in accordance with Section 14 of the Act.

 

c)         Except on a temporary employment basis (80 Ill. Adm. Code 302), no program employee shall be assigned to work at an establishment where family members (i.e., mother, father, sister and brother) are employed.  Nor shall any employee acting in a supervisory capacity in the region where any member of the supervisor's family is employed by an official establishment be detailed for duty in that region.  Program employees shall not solicit employment at an official establishment for themselves or any other person.

 

d)         Except as provided in Section 14 of the Act, no program employee shall procure any product from any official establishment unless there is a store or outlet to the general public and the program employee pays the same price that is paid by the general public.  Program employees shall obtain a receipt when purchasing such product.

 

Section 125.80  Schedule of Operations; Overtime

 

a)         The Department incorporates by reference 9 CFR 307.4(a), 307.4(c), 307.4(d), and 381.37(a), (c) and (d) (1997; FR 59291, effective November 26, 2012).  References to 9 CFR 307.6(b) and 381.39(b) in the incorporated language shall be interpreted according to this Section.

 

b)         The basic workweek and workday shall be those days and hours on file and approved by the Department of Central Management Services in accordance with the Personnel Code [20 ILCS 415] and the rules for that Act (80 Ill. Adm. Code 303.300).  The work schedule of the licensee and any requests for changes in the work schedule shall be submitted in writing by the licensee to the supervisor.  A grant of overtime shall be at the sole discretion of the Department and shall be based on inspector availability, efficacious and efficient use of resources and budget considerations.  However, minor deviations (one hour or less) from the daily operating schedule shall be approved by the supervisor and/or the regional administrator if the request is received by the regional office on the day before the change is to occur and the change is only for that particular day.

 

(Source:  Amended by peremptory rulemaking at 36 Ill. Reg. 17930, effective December 21, 2012)

 

Section 125.90  Official Marks of Inspection, Devices and Certificates

 

a)         The official inspection legend which indicates the meat, poultry, buffalo, catalo, cattalo, domestic deer, domestic elk, domestic antelope, domestic reindeer, water buffalo, and/or poultry product was inspected and passed shall be as prescribed in Section 2.26 of the Act.

 

b)         The Department incorporates by reference 9 CFR 312.2(b)(2), 312.4, 312.5, 312.6, 312.9, 381.98, 381.99, 381.100, 381.101, 381.103, and 381.108, 381.110 through 381.111 (2004), except that the inscription on the mark of inspection shall contain the word "Illinois" rather than "U.S.".

 

c)         The brands shall be in the forms as prescribed in Section 2.26 of the Act.

 

d)         The Department shall supply all Illinois Retained, Illinois Seizure, and Illinois Rejected paper tags.  The Illinois Seizure tag is used in lieu of the federal detained tag.

 

e)         The seal referred to in 9 CFR 312.5 and 381.98 shall be a padlock or metal self-locking tab as shown in the illustration for the federal rules.

 

f)         The only official brands, symbols, legends and devices shall be those set forth in this Section.

 

g)         Certificates shall be those set forth in the incorporated federal rules.

 

h)         Reference to federal forms FSIS 6502-2 and FSIS 6501-1 shall mean Illinois paper tags as identified in this Section and FSIS 9061-2 shall mean Illinois form IL 406-0372.  A seal is used by the Department in lieu of issuing a form the equivalent of federal form FSIS 7350-1.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.100  Records and Reports

 

a)         The Department incorporates by reference 9 CFR 320.1(b), 320.6(a), 320.7, 381.175(b), 381.180(a) and 381.181 (2004; 69 FR 1874, effective January 12, 2004; 74 FR 31829, effective July 6, 2009; 77 FR 26929, effective May 8, 2012; 78 FR 66826, effective January 6, 2014; 80 FR 79231, effective June 20, 2016; 83 FR 25302, effective July 30, 2018).

 

b)         Access to the establishment, its premises, records and inventories shall be provided to the Department in accordance with Section 14 of the Act and Section 125.70.

 

c)         Each person who is required to be licensed in accordance with Section 3 of the Act shall keep records as stated in the incorporated language of 9 CFR 320.1(b) and 381.175(b), except that, for custom slaughtering and custom processing transactions, the recordkeeping requirements shall be those set forth in Section 5(B)(2)(f) of the Act.  Records shall be retained for 5 years after December 31 of the year in which the transaction to which the record relates has occurred.  If a record must be retained for longer than 5 years because of an on-going investigation or litigation, the Department shall notify the licensee in writing as to which record is to be retained, the reasons for that retention and the retention period.  The Department shall consider, when determining the retention period, the court date, if known, or the time needed to conclude the investigation (e.g., considering the type of disease being investigated, the number of animals involved, and laboratory testing procedures, if applicable).

 

d)         The licensee of the official establishment shall maintain these records at the establishment.  In the case of a broker, the records shall be maintained at the office listed on the application for license.

 

e)         The Department shall request a licensee to submit an evaluation of the inspection program or of the inspector's performance when the Department is conducting a review of the effectiveness of the Meat and Poultry Inspection Program or when a complaint on the inspector's performance has been received.

 

(Source:  Amended at 43 Ill. Reg. 3202, effective February 25, 2019)

 

Section 125.110  Exemptions

 

a)         Meat and/or poultry and meat and/or poultry products exempted from ante-mortem and post-mortem inspection requirements shall be as set forth in Section 5 of the Act.  Transportation of meat and/or poultry and meat and/or poultry products which are exempted from ante-mortem and post-mortem inspection shall be in accordance with Section 5 of the Act (i.e., they cannot be transported in commerce).  Labeling requirements on such exempted meat and/or poultry and meat and/or poultry products shall be as stated in Section 5 of the Act.

 

b)         The Department incorporates by reference 9 CFR 303.2 (2004).

 

c)         The Department incorporates by reference 9 CFR 303.1(e) and 9 CFR 381.10(e) (2004).

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.120  Disposal of Dead Animals and Poultry

 

The collection, transportation, and disposal of carcasses or parts of carcasses of animals or poultry that have died other than by slaughter at an official establishment shall be in accordance with the Illinois Dead Animal Disposal Act [225 ILCS 610] and the rules adopted pursuant thereto (8 Ill. Adm. Code 90), unless such animals or poultry are custom slaughtered and delivered by the owner to an official establishment for custom processing in accordance with Section 5 of the Act.

 

(Source:  Amended at 21 Ill. Reg. 11494, effective August 1, 1997)

 

Section 125.130  Reportable Animal and Poultry Diseases

 

Any animal or poultry suspected of being infected with a reportable disease (see 8 Ill. Adm. Code 85.10) shall be reported by the inspector or veterinarian in accordance with the Illinois Diseased Animals Act [510 ILCS 50] and the rules adopted pursuant thereto (8 Ill. Adm. Code 85).

 

(Source:  Amended at 21 Ill. Reg. 11494, effective August 1, 1997)

 

Section 125.140  Detention; Seizure; Condemnation

 

a)         The Department incorporates by reference 9 CFR 329.1 through 329.5(a) and 329.5(c), and 381.210 through 381.214(a) and 381.214(c) (2004).

 

b)         Reference in the incorporated language to Title I and II of the Act, any other federal law, laws of any territory or the District of Columbia, notification of federal authorities not connected with the program, and Section 404 of the Act are not applicable to the Department in its enforcement of the incorporated language.  References to federal form 8080-1 shall mean Illinois form MI-51.  Illinois Retained or Illinois Seizure tags are used in lieu of federal form FSIS 8400-2.

 

c)         Meat and/or poultry or meat and/or poultry product that is detained shall be released when it is in conformance with the Act and the rules of this Part.  The Department shall verbally inform, followed up with written notification, the owner or person in charge of the detained meat and/or poultry or meat and/or poultry product as to what action must be taken to bring the meat and/or poultry or meat and/or poultry product into compliance.  Meat and/or poultry or meat and/or poultry products shall be condemned as stated in Section 15 of the Act.

 

d)         Condemned meat or poultry products shall be effectively destroyed for human food purposes by the owner of the meat or poultry product under the supervision of an inspector ( Section 15 of the Act) in accordance with the denaturing procedures as set forth in Section 125.290 (specifically the incorporated language in 9 CFR 325.13).  If the owner of the meat and/or poultry or meat and/or poultry product refuses to destroy the condemned meat and/or poultry or meat and/or poultry product, the Department shall take judicial action in the circuit court within the jurisdiction where the condemned product was found to confiscate the condemned meat and/or poultry or meat and/or poultry product in order to denature such meat and/or poultry or meat and/or poultry product so it cannot be used for human food purposes.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.141  Sanitation Standard Operating Procedures (SOP's)

 

The Department incorporates by reference 9 CFR 416 (2004).  The applicability date for 9 CFR 416 will be October 1, 1997.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.142  Hazard Analysis and Critical Control Point (HACCP) Systems

 

The Department incorporates by reference 9 CFR 417 (2004; 77 FR 26929, effective May 8, 2012; 78 FR 66826, effective January 6, 2014; 83 FR 25302, effective July 30, 2018). 

 

(Source:  Amended at 43 Ill. Reg. 3202, effective February 25, 2019)

 

Section 125.143  Imported Products

 

The Department incorporates by reference 9 CFR 327.2, 327.7, and 381.196 (2004; 70 FR 57725 effective November 3, 2005; 70 FR 70033 effective December 21, 2005; 71 FR 43958 effective September 5, 2006; 72 FR 61793 effective December 3, 2007).

 

(Source:  Amended by peremptory rulemaking at 31 Ill. Reg. 16763, effective December 10, 2007)

 

Section 125.144  Preparation and Processing Operations

 

The Department incorporates by reference 9 CFR 424 (2004; 76 FR 82077, effective December 30, 2011; 78 FR 14636, effective May 6, 2013; 78 FR 66826, effective January 6, 2014; 83 FR 25302, effective July 30, 2018).

 

(Source:  Amended at 43 Ill. Reg. 3202, effective February 25, 2019)

 

Section 125.145  Control of Listeria Monocytogenes in Ready-to-Eat Meat and Poultry Products

 

The Department incorporates by reference 9 CFR 430 (2004; 80 FR 35178, effective September 17, 2015).

 

(Source:  Amended at 40 Ill. Reg. 2739, effective January 22, 2016)

 

Section 125.146  Consumer Protection Standards:  Raw Products

 

The Department incorporates by reference 9 CFR 441 (2004).

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.147  Rules of Practice

 

The Department incorporates by reference 9 CFR 500.1, 500.2(a) and (b), 500.3, 500.4, 500.5(a)(1-4), (b), (c) and (e), 500.6 and 500.8 (64 Fed. Reg. 66541, November 29, 1999; 79 FR 49566, effective October 20, 2014).

 

(Source:  Amended by peremptory rulemaking at 38 Ill. Reg. 20825, effective October 20, 2014)

 

Section 125.148  Quantity of Contents Labeling and Procedures and Requirements for Accurate Weights

 

The Department incorporates by reference 9 CFR 442 (2008).

 

(Source:  Added by peremptory rulemaking at 32 Ill. Reg. 17831, effective October 30, 2008)

 

Section 125.149  Label Approval

 

The Department incorporates by reference 9 CFR 412.

 

(Source:  Added by peremptory amendment at 38 Ill. Reg. 4176, effective February 1, 2014)

SUBPART B: MEAT INSPECTION

 

Section 125.150  Livestock and Meat Products Entering Official Establishments − Inspection Requirements

 

All livestock and all products entering any official establishment, and all products prepared, in whole or in part, in the official establishment, shall be inspected, handled, stored, prepared, packaged, marked, and labeled as required by 9 CFR Chapter III, Subchapter A (2018), which the Department hereby incorporates by reference.

 

(Source:  Amended at 43 Ill. Reg. 12978, effective October 28, 2019)

 

Section 125.151  Livestock and Meat Products – Custom Exemption for Establishments with Type I Licenses

 

a)         Type I custom exempt establishments are those:

 

1)         that slaughter, or prepare any meat or meat food products, on a custom basis (i.e., for the customer's own use and not for sale); and

 

2)         that have been granted a custom exemption by the Director under Section 5.1(e) of the Act.

 

b)         Type I establishments that desire to slaughter or process under a custom exemption (see Section 5.1(e) of the Act) may do so after submitting a written notification to the Department each year and receiving approval from the Department.

 

c)         Notification to the Department

 

1)         Request for Annual Exemption

 

A)        Type I establishments that desire to slaughter under a custom exemption or receive or process uninspected product under a custom exemption may do so after receiving approval from the Chief of the Department's Bureau of Meat and Poultry Inspection on an annual basis.  To receive approval, the establishment must submit to the Bureau Chief a written notice, on a form prescribed by the Department.  Upon receiving written approval from the Bureau Chief, the establishment may use the custom slaughter exemption.  All approvals expire on December 31 of each year.

 

B)        The written notices required by subsection (b)(1)(A) shall be sent to:

 

Bureau of Meat and Poultry Inspection

Department of Agriculture

State Fairgrounds

P.O. Box 19281

Springfield IL  62794-9281

 

2)         Using a Custom Exemption Outside of Approved Hours of Operation

 

A)        Type I establishments that hold prior written approval from the Director to use the custom exemption and that desire to slaughter, receive or process uninspected product outside of approved hours/days may do so if the Department is provided with notice after each occurrence.

 

B)        Type I establishments must notify the Department's assigned inspector after each use of the custom exemption outside of approved hours/days of operation.  The notification must be made, on or before the next scheduled business day after each occurrence, on a form prescribed by the Department.

 

d)         Custom Exemption Requirements

 

1)         Slaughter must comply with the federal regulations concerning Humane Slaughter of Livestock (9 CFR 313; 2011).

 

2)         Products cannot be sold or donated.

 

3)         Establishments that smoke, cure, or heat a product shall heat the product at a sufficient temperature and for a sufficient time to kill pathogens to prevent adulteration of the product.  The establishment shall properly cool the product to prevent the growth of pathogens.  Establishments must maintain heating and, if applicable, cooling records for products produced under the custom exemption.  These records must be maintained for two years and made available to inspection personnel upon request.

 

4)         The adulteration and misbranding provisions of the Act apply to any carcasses, parts of carcasses, meat, or meat food products that are exempted from the inspection requirements.

 

5)         Animals intended for custom exemption slaughter must be segregated from animals intended for inspected slaughter.  They must be kept in separated pens and prevented from comingling with inspected animals.

 

6)         Once an establishment offers an animal for ante-mortem inspection, the establishment cannot change the animal's status to "intended for custom exemption".

 

7)         Custom exemption products must be completely physically separated from inspected products throughout the entire process.  If an establishment using the custom exemption prepares or handles any products for sale, they shall be kept separate and apart from the custom prepared products at all times while the custom prepared products are in the establishment's custody.  The establishment must determine what forms of physical separation will work best for its plant.

 

8)         Carcasses marked "NOT FOR SALE − NOT INSPECTED" must be separated from carcasses and parts slaughtered under inspection.

 

9)         All custom exemption products must be clearly marked with "NOT FOR SALE − NOT INSPECTED".  The marking must be done in a manner that ensures that it remains applied in letters at least ⅜" high.  Markings may be placed on a tag or card securely attached to the product, meat, immediate container, or paper wrapping the meat.  If the wording is inked directly to the meat, it must meet the requirements of Section 125.250(b).

 

A)        Livestock slaughtered in Type I establishments operating under custom exemption shall be clearly stamped or tagged with the words "NOT FOR SALE – NOT INSPECTED" prior to leaving the kill floor.

 

B)        Livestock slaughtered under inspection in Type I establishments with an approved custom exemption shall be stamped with the official mark of inspection prior to leaving the kill floor.

 

C)        Field-slaughtered and farm-dressed carcasses or parts delivered to a Type I establishment for custom exempt processing shall be:

 

i)          delivered in a sanitary manner;

 

ii)         ready for cutting up or processing; and

 

iii)        stamped or tagged with "NOT FOR SALE – NOT INSPECTED" after entering any part of the facility.

 

10)        Cattle delivered to establishments must be ambulatory at the time of delivery, and this must be acknowledged in writing by the cattle owner. Beef carcasses or carcass parts delivered to establishments must have a written statement from the owner certifying the age of the animal and that the animal was ambulatory at the time of slaughter.

 

11)        The establishment shall keep a record of the name and address of the owner of each animal, carcass or portion of a carcass received, the date received, and the dressed weight.  These records shall be maintained for at least two years and shall be available, during approved hours/days of operation, for inspection by Department personnel.

 

12)        Custom exempt products may not contain specified risk material.  The following materials from cattle are specified risk materials as they may lead to exposure to bovine spongiform encephalopathy (BSE): 

 

A)        from cattle 30 months of age and older, the brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum), and dorsal root ganglia; and

 

B)        from all cattle, the distal ileum of the small intestine and the tonsils.

 

13)        Type I establishments that slaughter livestock under a custom exemption must test the plant for Escherichia coli Biotype 1 (E. coli) in the manner required by Section 5.2(d) of the Act.  Test samples collected under this subsection (c)(13) shall count toward the 13 samples required by Section 5.2(d)(3).

 

e)         The Department will create and make available standardized recordkeeping or reporting forms for use by Type I plants utilizing the custom exemption.  Plants may design and use their own forms as long as they contain the minimum information required by this Part.

 

(Source:  Added at 43 Ill. Reg. 12978, effective October 28, 2019)

 

Section 125.160  Equine and Equine Products

 

The slaughter, labeling, denaturing, and transportation of equine and equine products shall be in accordance with the Illinois Horse Meat Act [225 ILCS 635] and the rules adopted pursuant thereto (8 Ill. Adm. Code 70).

 

(Source:  Amended at 21 Ill. Reg. 11494, effective August 1, 1997)

 

Section 125.170  Facilities for Inspection

 

a)         The Department incorporates by reference 9 CFR 307.1, 307.2, 307.3 and 307.7 (2004).

 

b)         The Department shall approve construction of an establishment or the remodeling of an establishment if such establishment or the remodeling is in accordance with 9 CFR 416.  The inspector's office shall be approved if it is in compliance with the requirements for an inspector's office as set forth in 9 CFR 416 (9 CFR 416 is incorporated in Section 125.141) and the provisions of this Section.  The office will be considered as being in a convenient location if it is on the premises of the official establishment or located in a building adjacent to the official establishment.  Small plants (as identified in 9 CFR 307.1) shall furnish an inspector's office either at the establishment or in a building adjacent to the official establishment.

 

c)         Facilities and equipment shall be provided by the official establishment as necessary to meet the operational needs (e.g., slaughtering facilities, processing facilities) of the establishment and the Department shall construe such facilities and equipment as being adequate, suitable or sufficient if the operational needs of the establishment can be met and inspection and sanitary conditions maintained in accordance with the rules of this Part.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.180  Sanitation (Repealed)

 

(Source:  Repealed by peremptory rulemaking at 24 Ill. Reg. 3933, effective February 22, 2000)

 

Section 125.190  Ante-Mortem Inspection

 

a)         The Department incorporates by reference 9 CFR 309.1 through 309.4(a), 309.5 through 309.11, and 309.13 through 309.18 (2004; 69 FR 1862, effective January 12, 2004; 72 FR 38700, effective October 1, 2007; 74 FR 11463, effective

April 17, 2009; 81 FR 46570, effective September 16, 2016).

 

b)         In cases of emergency slaughter (see 9 CFR 311.27) and where the inspector cannot be contacted or is unable to return to the establishment, the owner of the animal shall obtain the services of a licensed veterinarian who shall perform an ante-mortem examination on the animal.  If upon examination the animal shows no symptoms of disease or abnormal conditions that would prohibit its intended use as human food in accordance with the provisions of this Section, the veterinarian shall prepare a written statement to the effect that the animal is in compliance with ante-mortem requirements of this Section and can be slaughtered at the official establishment.  The veterinarian's statement shall be kept on file by the official establishment in accordance with Section 125.100.  The costs of the veterinary services shall be borne by the owner of the animal.

 

c)         The Department shall approve treatment programs for diseased animals providing the licensee provides the necessary holding pens where such animals can be kept apart from the other livestock awaiting slaughter and the owner of the animal(s) agrees to the treatment and assumes the cost of such treatment.  Following treatment, the animal shall be released from slaughter at the request of the owner or of the official establishment and permitted to be transported from the establishment provided the animal was not infected with a reportable disease (see Section 125.130).

 

d)         An animal found in a comatose or semicomatose condition shall be set apart from the other livestock and held for further observation at the request of the owner or the official establishment.

 

e)         "Other responsible official supervision" shall mean under the supervision of a licensed veterinarian or a program employee of the U.S. Department of Agriculture.

 

f)         At the option of the owner of the animal, any animal identified as a suspect may be reinspected by a veterinarian as set forth in Section 9 of the Act or the animal shall be slaughtered and identified in accordance with the provisions of this Section.

 

g)         An animal will be withheld from slaughter to permit biological residues to be reduced in accordance with 9 CFR 309.16 when the owner informs the inspector that the animal was taking chemicals or biologics or there is evidence to suggest that the animal was taking chemicals or biologics (e.g., injection marks, chemical odor).  The time period for holding such animal shall depend on the withdrawal period of the chemical or biologic that was administered the animal.  The inspector shall permit the slaughter of such animal (see 9 CFR 309.16a) when requested by the official establishment or by the owner of the animal.

 

h)         The inspector shall approve the use by any establishment of any skin tattoo that contains a number identifying the animal or lot.  The identifying number for the skin tattoo shall be assigned by the inspector.

 

i)          Reference to federal form FSIS 6150-1 shall mean Illinois form V-3. References in the incorporated language to 9 CFR 314 shall be interpreted to mean in accordance with Section 125.230.

 

(Source:  Amended by peremptory rulemaking at 40 Ill. Reg. 13486, effective September 16, 2016)

 

Section 125.200  Post-Mortem Inspection

 

a)         The Department incorporates by reference 9 CFR 310.1(a) and 310.2 through  310.23 (2010; 76 FR 82077, effective December 30, 2011), except that the preparation of meat and meat products for nonhuman food purposes (e.g., dog food) is not permitted at an official establishment.  The preparation of nonhuman food products must be done in establishments licensed under the Illinois Dead Animal Disposal Act.  The Department incorporates by reference 9 CFR 310.25 (1999; 64 FR 66553, effective November 29, 1999); the E. coli process control testing regulations set forth in 9 CFR 310.25(a) will be applicable on October 1, 1997, and the Salmonella pathogen reduction performance standards regulations set forth in 9 CFR 310.25(b) will be applicable simultaneously with applicability dates for implementation of HACCP in Section 125.142.

 

b)         The unusual circumstance and acceptable arrangements referred to in 9 CFR 310.1(a) shall mean in the case of emergency slaughter and in accordance with the procedure outlined in Section 125.190.

 

c)         In the case of emergency slaughter and where a veterinarian was obtained by the owner to perform ante-mortem inspection (see Section 125.190), the veterinarian may perform post-mortem inspection of the animal.  The carcass and all parts, including viscera, shall be identified as set forth in 9 CFR 310.2 and held for the inspector.  If the veterinarian performs the post-mortem inspection at the request of the owner, then the cost of such service shall be borne by the owner of the animal.

 

d)         Disinfectants that can be used in an official establishment shall be those set forth in Section 125.180.

 

e)         With regard to the incorporated language in 9 CFR 310.2(b)(4), alternate methods proposed by the operator of an official establishment for handling devices shall be approved if such method will accomplish the specific provisions as stated in that paragraph.

 

f)         Retained carcasses may be washed or trimmed provided such washing or trimming does not affect the disposition of the carcasses by removing conditions or lesions which caused the carcasses to be identified as retained.

 

g)         Temporary identification of retained carcasses by an official establishment shall be permitted; however, Illinois Retained tags shall be used to identify the carcasses along with any temporary identification that is used.

 

h)         References in the incorporated language to 9 CFR 314 shall be interpreted to mean in accordance with Section 125.230.

 

i)          Facilities for handling and inspecting cow udders shall be as set forth in 9 CFR 416 (incorporated in Section 125.141). 

 

(Source:  Amended at 36 Ill. Reg. 14664, effective October 1, 2012)

 

Section 125.210  Disposal of Diseased or Otherwise Adulterated Carcasses and Parts

 

a)         The Department incorporates by reference 9 CFR 311 (2004; 69 FR 1862, effective January 12, 2004).

 

b)         For the purpose of administering the incorporated language, the laboratories referred to shall mean any approved laboratory as defined in 8 Ill. Adm. Code 20.1.  "Properly prepared and packaged" shall mean that the specimen shall be wrapped so as to prevent adulteration of the specimen and any leakage from the package.

 

c)         An approved freezing facility is an establishment licensed under the Illinois Refrigerated Warehouses Act [240 ILCS 35].

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.220  Humane Slaughter of Animals

 

Animals shall be slaughtered in accordance with the Humane Slaughter of Livestock Act [510 ILCS 75] and the rules adopted pursuant thereto (8 Ill. Adm. Code 50).

 

(Source:  Amended at 21 Ill. Reg. 11494, effective August 1, 1997)

 

Section 125.230  Handling and Disposal of Condemned or Other Inedible Products at Official Establishment

 

a)         Condemned and inedible products shall be disposed of by persons licensed in accordance with the Illinois Dead Animal Disposal Act (see Section 125.120).  If the official establishment has no facilities for tanking the condemned carcasses or meat products or if the inspector cannot leave the slaughter area, the condemned meat or meat products shall be denatured as set forth in 9 CFR 314.3 (2004) before they leave the official establishment.

 

b)         The Department incorporates by reference 9 CFR 314.2, 314.7, and 314.9 through 314.11 (2004).

 

c)         The Department does not permit animals that have died other than by slaughter in accordance with the custom slaughter exemption in Section 5 of the Act to be brought on the premises of the official establishment, except for animals which have died en route.  Animals that have died en route to the official establishment shall be disposed of by licensed renderers (see Section 125.120).

 

d)         Pipes and chutes shall be installed in accordance with the provisions of Section 125.180.

 

e)         Proprietary material shall be as set forth in the "List of Proprietary Substances and Nonfood Compounds" as adopted in Section 125.20.

 

f)         "Denaturing of carcasses to the extent necessary to preclude its use for food purposes" shall mean that one of the denaturing methods in 9 CFR 325.13 as adopted in Section 125.290 must be used.

 

g)         Carcasses or parts of carcasses condemned on account of anthrax shall be disposed of in accordance with the provisions of Section 125.120.

 

h)         Specimens of condemned or other inedible products shall be released if compliance with the specific provisions of 9 CFR 314.9 is met.  An example of an objectionable condition would be in the case of a sanitary problem.

 

i)          The movement of livers and condemned products from an official establishment will be permitted in accordance with the provisions of Section 125.120.

 

j)          Reference to federal form FSIS 6700-2 shall mean Illinois form MI-10. References in the incorporated language to other sections within 9 CFR 314 that have not been adopted shall be interpreted to mean in accordance with the provisions of this Section.  References to 9 CFR 325 shall be interpreted to mean in accordance with Section 125.290.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.240  Rendering or Other Disposal of Carcasses and Parts Passed for Cooking

 

a)         The Department incorporates by reference 9 CFR 315 (2004).

 

b)         References to 9 CFR 314 shall be interpreted to mean in accordance with Section 125.230.

 

c)         When the product in the tank that has been passed for cooking does not consist of a carcass or whole primal part, the tank shall be sealed by the inspector.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.250  Marking Products and Their Containers

 

a)         The Department incorporates by reference 9 CFR 316.1 through 316.5(d), 316.5(f) through 316.11, 316.13(a), 316.13(b), 316.13(d) through 316.13(h) and 316.14 through 316.15 (2004).

 

b)         Branding ink need not be submitted to the Department and it will be approved for use by the inspector in accordance with Section 2.11(B)(4) of the Act and the other provisions of the incorporated federal Section (9 CFR 316.5).  Branding ink shall be purple.

 

c)         The Department shall approve the manufacture of a device or label containing an official mark of inspection provided it is in compliance with Section 125.90.

 

d)         Additional official marks of inspection may be applied to meat and/or meat products at the option of the official establishment.

 

e)         References in the incorporated language to 9 CFR 312 shall be interpreted to mean in accordance with Section 125.90 and reference to 9 CFR 314 shall be interpreted to mean in accordance with Section 125.230.

 

f)         "Customarily sold at retail intact" shall mean that the meat product in the casing is sold at a retail store and customarily is not cut up into smaller packages.

 

g)         Products as identified in the incorporated language of 9 CFR 316.10 shall comply with Section 125.290 (specifically the incorporated language in 9 CFR 325.5) when being transferred between official establishments.  No special form for this transfer is issued by the Department as in the case of federal inspection (federal form FSIS 7350-1).

 

h)         Only those methods specifically included in 9 CFR 316.10(c) shall be approved for applying the list of ingredients.

 

i)          "Legibly and conspicuously marked" shall mean in compliance with the provisions of Section 125.260 (specifically the incorporated language of 9 CFR 317.2(j)(6) through (9)).

 

j)          Carcasses and meat products prepared on a custom basis shall be labeled in accordance with Section 5(B)(2)(d) of the Act.

 

k)         Food additives and color additives shall be approved for use if the product is not adulterated in accordance with Section 2.11(B)(3) and (4) of the Act.  When a specific antioxidant appears on the label, it shall be identified as set forth in Section 125.260 (specifically the incorporated language of 9 CFR 317.2(j)(10)).

 

l)          Stencils, box dies, labels and brands shall be approved in accordance with the provisions of Section 125.260.

 

m)        References within the incorporated language to paragraphs 302(c)(2) of the Act and 23(b) of the Act shall be interpreted to mean those exemptions as set forth in Section 125.110.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.260  Labeling, Marking and Containers

 

a)         The Department incorporates by reference 9 CFR 317.1 through 317.2(j)(10), 317.2(j)(12) through 317.4(f)(2), 317.5, 317.6, 317.8, 317.10 through 317.13, 317.17 through 317.24, 317.300, 317.302, 317.308, 317.309, 317.312, 317.313, 317.343, 317.344, 317.345, 317.354, 317.356, 317.360, 317.361, 317.362, 317.363, 317.369, 317.380, 317.400 (2010; 75 FR 82148, effective January 1, 2012; 77 FR 76824, effective December 31, 2012; 78 FR 66826, effective January 6, 2014; 79 FR 71007, effective December 1, 2014; 79 FR 79044, effective January 1, 2016; 80 FR 28153, effective May 17, 2016).

 

b)         The Department shall approve only those abbreviations for marks of inspection as specifically stated in Section 2.26(j)(3) and (k)(3), (4), (5) and (9) of the Act.

 

c)         Labeling and sketch labeling shall be approved by the Department if the label is in compliance with the provisions of this Section and the label is not misbranded in accordance with Section 2.20 of the Act.  All labels and sketch labels shall be submitted to the Springfield office of the Department for approval.

 

d)         The Department shall approve temporary labeling as stated in 9 CFR 317.4(f).  Labeling that has received temporary approval shall not be used beyond the temporary approval period unless the printer or manufacturer of the label is unable to provide the official establishment with the labels before the expiration of the temporary approval.

 

e)         The quantity of contents as shown on the label shall be in compliance with the Weights and Measures Act [225 ILCS 470] and 8 Ill. Adm. Code 600.

 

f)         Any Type I establishment is authorized to use generically approved labeling for meat and poultry products as defined in subsection (h) without the labeling being submitted for approval to the Department, provided the labeling is in accordance with this Section and shows all mandatory features in a prominent manner as required in 9 CFR 317.2 and 381 and is not otherwise false or misleading.

 

g)         The Department shall select samples of generically approved labeling from the records maintained by official establishments to determine compliance with labeling requirements.  Any finding of false or misleading labeling shall institute the proceedings prescribed in Section 13 of the Act.

 

h)         Generically approved labeling is labeling that complies with the following:

 

1)         Labeling for a product that has a product standard as specified in 9 CFR 319 and 381 or the Standards and Labeling Policy Book and does not contain any special claims such as quality claims, nutrient content claims, health claims, negative claims, geographical origin claims or guarantees, or is not a domestic product labeled in a foreign language;

 

2)         Labeling for single-ingredient products, such as beef steak or lamb chops, that does not contain any special claims such as quality claims, nutrient content claims, health claims, negative claims, geographical origin claims or guarantees or is not a domestic product labeled with a foreign language;

 

3)         Labeling for containers of products sold under contract specifications to federal government agencies that the product is not offered for sale to the general public, provided that the contract specifications include specific requirements with respect to labeling and are made available to the inspector-in-charge;

 

4)         Labeling for shipping containers that contain fully labeled immediate containers, provided that the labeling complies with 9 CFR 316.13 and 381.127;

 

5)         Labeling for products not intended for human food, provided it complies with 9 CFR 325, 381.152(c) and 381.193;

 

6)         Meat inspection legends;

 

7)         Inserts, tags, liners, pasters and similar devices containing printed or graphic matter and for use or to be placed within containers and coverings of products, provided the devices contain no reference to product and bear no misleading feature;

 

8)         Labeling for consumer test products not intended for sale;

 

9)         Labeling that was previously approved by the Department as sketch labeling, and the final labeling was prepared without modification or with the following modifications:

 

A)        All features of the labeling are proportionately enlarged or reduced provided that all minimum size requirements specified in applicable regulations are met and the labeling is legible;

 

B)        The substitution of any unit of measurement with its abbreviation or the substitution of any abbreviation with its unit of measurement, e.g., "lb." for "pound" or "oz." for "ounce" or of the word "pound" for "lb." or "ounce" for "oz.";

 

C)        A master or stock label has been approved where the name and address of the distributor are omitted and the name and address are applied before being used (in that case, the words "prepared for" or similar statement must be shown together with the blank space reserved for the insertion of the name and address when the labels are offered for approval);

 

D)        Wrappers or other covers bearing pictorial designs, emblematic designs or illustrations, e.g., floral arrangements, illustrations of animals, fireworks, etc., are used with approved labeling (The use of the designs will not make necessary the application of labeling not otherwise required.);

 

E)        A change in the language or the arrangement of directions pertaining to the opening of containers or the serving of the product;

 

F)         The addition, deletion or amendment of a dated or undated coupon, a cents-off statement, cooking instructions, packer product code information or the UPC product code information;

 

G)        Any change in the name or address of the packer, manufacturer or distributor that appears in the signature line;

 

H)        Any change in the net weight, provided the size of the net weight statement complies with 9 CFR 317.2 and 318.121;

 

I)         The addition, deletion or amendment of recipe suggestions for the product;

 

J)         Any change in punctuation;

 

K)        Newly assigned or revised establishment numbers for a particular establishment that has been approved by the Department;

 

L)        The addition or deletion of open dating information;

 

M)       A change in the type of packaging material on which label is printed;

 

N)        Brand name changes, provided that there are no design changes, the brand name does not use a term that connotes quality or other product characteristics, the brand name has no geographic significance, and the brand name does not affect the name of the product;

 

O)        The deletion of the word "new" on new product labeling;

 

P)         The addition, deletion or amendment of special handling statements, provided that the change is consistent with 9 CFR 317.2(k) and 318.125(a);

 

Q)        The addition of safe handling instructions as required by 9 CFR 317.2(1) and 381.125(b);

 

R)        Changes reflecting a change in the quantity of an ingredient shown in the formula without a change in the order of predominance shown on the label, provided that the change in quantity of ingredients complies with any minimum or maximum limits for the use of the ingredients prescribed in 9 CFR 318, 319 and 381.147;

 

S)         Changes in the color of the labeling, provided that sufficient contrast and legibility remain;

 

T)         A change in the product vignette, provided that the change does not affect mandatory labeling information or misrepresent the content of the package;

 

U)        A change in the establishment number by a corporation or parent company for an establishment under its ownership;

 

V)        Changes in nutrition labeling that only involve quantitative adjustments to the nutrition labeling information, except for serving sizes, provided the nutrition labeling information maintains its accuracy and consistency;

 

W)       Deletion of any claim, and the deletion of non-mandatory features or non-mandatory information; and

 

X)        The addition or deletion of a direct translation of the English language into a foreign language for products marked "for export only".

 

i)          With regard to the incorporated language in 9 CFR 317.6, the extension of time for exhausting existing stocks of labels is not applicable since all labels presently in use are in compliance with the rules of this Part.

 

j)          The Department does not issue a list of approved packaging materials and will permit for use any packaging material which has been approved by the U.S. Department of Agriculture (see 9 CFR 317.24 (2004)).

 

k)         Labels to be used for the relabeling of inspected and passed product shall be permitted to leave the official establishment when the product must be relabeled because the original labels have become mutilated or damaged.  The official establishment shall reimburse the Department for any overtime costs, if applicable, involved for the inspector to supervise the relabeling of a product.  The overtime charges shall be as set forth in Section 125.80.

 

l)          The inspector shall grant authorization to transport labels, wrappers and containers bearing official marks from one official establishment to another official establishment provided the official establishment provides to the inspector the information required in 9 CFR 317.13 so that the inspector can notify the inspector at the destination point.

 

m)        Labeling of custom slaughter and/or custom processed meat and/or meat products and the containers containing custom slaughtered and/or custom processed meat and/or meat products shall be as set forth in Section 5 of the Act.

 

n)         References in the incorporated language to 9 CFR 312 shall be interpreted to mean in accordance with Section 125.90.

 

(Source:  Amended at 40 Ill. Reg. 2739, effective January 22, 2016)

 

Section 125.270  Entry into Official Establishment; Reinspection and Preparation of Product

 

a)         The Department incorporates by reference 9 CFR 318.1(c) through 318.6, 318.9, 318.14 through 318.20, 318.22, 318.23, 318.24 (2007; 76 FR 82077, effective December 30, 2011; 78 FR 66826, effective January 6, 2014).

 

b)         No meat or meat product shall be brought into an official establishment unless it is inspected or has been prepared in an official establishment or in a federally licensed establishment and is identified by an official inspection legend as set forth in Section 125.90, a federal inspection legend, or is exempt from inspection as stated in Section 125.110.  Meat and meat products received in an official establishment during the absence of the inspector shall be identified as set forth in Section 125.200 and, unless exempt from inspection, shall not be used or prepared until they have been reinspected.  Any meat and meat product originally prepared at any official establishment may not be returned to any part of that establishment other than the receiving area until it has been reinspected by the inspector and passed.  Wild game carcasses shall comply with Section 5(B)(4) of the Act.  The official establishment shall maintain an inventory of non-meat items (e.g., spices, preservatives) that are received at the official establishment.  Any product that is brought on the premises of an official establishment contrary to the provisions of this Section shall be removed immediately from the establishment by the operator of the establishment.

 

c)         Reinspections of meat and/or meat products within the official establishment shall be performed through the use of a random digit table.

 

d)         Docks and receiving rooms for meat and/or meat products or other articles used by the establishment in the preparation of meat products entering an official establishment shall be approved by the inspector if the location of the docks or receiving rooms will not permit the product or article to pass through rooms containing inspected and passed products.

 

e)         The manner of defrosting frozen products and methods of treating to preserve products shall be in accordance with procedures as set forth in the USDA Meat and Poultry Inspection Manual as adopted in Section 125.20.

 

f)         Casings or weasand shall be inspected and passed if it is in compliance with the specific provisions as stated in 9 CFR 318.5(i) for passage of those articles.

 

g)         The Department does not approve new substances to be used on meat or in meat products, their uses or the levels of use of an approved substance.  These substances will be permitted to be used and artificial flavorings may be used if they do not adulterate the meat and/or meat product in accordance with Section 2.11 of the Act and are in compliance with the provisions of this Section.

 

h)         References to exemptions from slaughter and custom slaughter shall mean those exemptions set forth in Section 125.110.

 

i)          References, within the federal regulations incorporated by reference in subsection (a), to the federal Poultry Products Inspection Act of 1957 (21 USC 456), to sections 7 and 403 of that federal Act, and to 9 CFR 303 shall be interpreted to comport with the Illinois Meat and Poultry Inspection Act and this Part.

 

j)          The Department does not approve thermometers for use in smokehouses, dry rooms and other compartments that are used in the treatment of pork.

 

k)         Disinfectants shall be those as set forth in Section 125.180.

 

l)          Adequate vacuum shall be determined through the use of vacuum gauges.

 

m)        The Department incorporates by reference the Thermally Processed, Commercially Sterile Products provisions of 9 CFR 431 and 431.1 through 431.12 (2018; 83 FR 25302, effective July 30, 2018).

 

n)         The standards and procedures for determining when ingredients of finished products are in compliance with this Section shall be as set forth in the USDA Meat and Poultry Inspection Manual.

 

(Source:  Amended at 43 Ill. Reg. 3202, effective February 25, 2019)

 

Section 125.280  Meat Definitions and Standards of Identity or Composition

 

The Department incorporates by reference 9 CFR 319 (2008; 76 FR 82077, effective December 30, 2011; 83 FR 25302, effective July 30, 2018).  Methods for the destruction of live trichinae in pork shall be as set forth in Section 125.270.

 

(Source:  Amended at 43 Ill. Reg. 3202, effective February 25, 2019)

 

Section 125.290  Transportation

 

a)         The Department incorporates by reference 9 CFR 325.1(a) through 325.2, 325.5 through 325.8(b), 325.10, 325.13 through 325.19 (2004).

 

b)         Transportation of products which have become adulterated or misbranded from an official establishment shall be in sealed containers or sealed trucks.

 

c)         Proprietary substances shall be those as stated in the "List of Proprietary and Nonfood Compounds" as adopted by the Department in Section 125.20.

 

d)         Specimens of product for laboratory examination, research or for other nonhuman food purposes (e.g., educational training) shall be in compliance with Section 125.230.

 

e)         References in the incorporated language to 9 CFR 312, 320 and 314 shall be interpreted to mean in accordance with Sections 125.90, 125.100 and 125.230, respectively.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.295  Imported Products  (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 11494, effective August 1, 1997)

 

Section 125.300  Special Services Relating to Meat and Other Products

 

a)         The Department incorporates by reference 9 CFR 350.1 through 350.3(a), 350.3(c), 350.5 through 350.7(a) and 350.7(d) (2004).

 

b)         The charges for special services shall be paid by check, draft or money order payable to the Illinois Department of Agriculture upon furnishing to the person who requested the service a statement as to the amount due.  The fee for rendering these services shall be at the rate of $25 per hour, except for services rendered on a holiday which shall be $30.  The person who requested the special service shall also be billed for travel expenses incurred by the inspector in accordance with Travel Regulations (80 Ill. Adm. Code 2800).

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.305  Exotic Animal Inspection

 

a)         With regard to the inspection and processing of exotic animals, the Department incorporates by reference 9 CFR 352.1, 352.3, 352.11, 352.12, 352.13, 352.14, 352.15, 352.16, and 352.17 (2004).

 

b)         The Department incorporates by reference 9 CFR 352.7 (2004), except that the description of the official inspection legend and brand shall be as described in Section 125.90.

 

c)         References in the incorporated language to 9 CFR 304, 317, 309, 310, 311, 314, 318, 320, and 325 shall be interpreted as references to the provisions in Sections 125.30, 125.250, 125.190, 125.200, 125.210, 125.230, 125.270, 125.100 and 125.290, respectively.

 

d)         References in the incorporated language to 9 CFR 313 shall be interpreted as references to Section 125.220.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

SUBPART C: POULTRY INSPECTION

 

Section 125.310  Application of Inspection

 

The Department incorporates by reference 9 CFR 381.3(c) through (e) and 381.7 (2004); 79 FR 49566, effective October 20, 2014, unless such products are exempted from inspection in accordance with Section 5 of the Act.  All rabbits that are eviscerated in an official establishment shall be inspected for condition and wholesomeness and no dressed rabbits or uninspected products of rabbits shall be brought into an official establishment, unless they are exempt from inspection in accordance with Section 5 of the Act.

 

(Source:  Amended by peremptory rulemaking at 38 Ill. Reg. 20825, effective October 20, 2014)

 

Section 125.320  Facilities for Inspection

 

a)         The Department incorporates by reference 9 CFR 381.36 (2004); 79 FR 49566, effective October 20, 2014.

 

b)         The Department shall approve the construction of an establishment or the remodeling of an establishment if such establishment or the remodeling is in compliance with 9 CFR 416.  The inspector's office shall be approved if it is in compliance with the requirements for an inspector's office as set forth in 9 CFR 416 (9 CFR 416 is incorporated in Section 125.141).  The office will be considered as being in a convenient location if it is on the premises of the official establishment or located in a building adjacent to the official establishment.  Small plants (as identified in 9 CFR 381.36) which do slaughtering shall furnish an inspector's office either at the establishment or in a building adjacent to the official establishment.

 

(Source:  Amended by peremptory rulemaking at 38 Ill. Reg. 20825, effective October 20, 2014)

 

Section 125.330  Sanitation (Repealed)

 

(Source:  Repealed by peremptory rulemaking at 24 Ill. Reg. 3933, effective February 22, 2000)

 

Section 125.340  Operating Procedures

 

a)         The Department incorporates by reference 9 CFR 381.65 through 381.67 (2004); 79 FR 49566, effective October 20, 2014.

 

b)         The bar-cut method of evisceration shall not be used.

 

c)         Cut-up poultry may be processed from unchilled eviscerated poultry only in air-conditioned rooms (50 degrees F. or less).

 

d)         The meltage of ice in the chilling system shall be counted toward the minimum fresh water intake requirements provided an accurate measurement of the amount of melted ice can be obtained.

 

e)         Reference to the Poultry Inspector's Handbook shall mean the "Meat and Poultry Inspection Manual" as adopted by the Department in Section 125.20.

 

f)         The Department shall approve the shipment of poultry in operational type containers, such as chill tanks or lugs, from one official establishment to another official establishment for further processing provided the means of conveyance is sealed and the poultry can reach its destination in accordance with the general chilling requirements as stated in this Section (see 9 CFR 381.66(b)).

 

g)         Ready-to-cook poultry shall be permitted to be moved from an official establishment prior to freezing in accordance with the specific requirements as stated in 9 CFR 381.66(f)(3).

 

h)         Compounds used in immersion or spray freezing procedures shall be those that are listed in the "List of Proprietary Substances or Nonfood Compounds" as adopted by the Department in Section 125.20.

 

(Source:  Amended by peremptory rulemaking at 38 Ill. Reg. 20825, effective October 20, 2014)

 

Section 125.350  Ante-Mortem Inspection

 

a)         The Department incorporates by reference 9 CFR 381:  Subpart J (2004).

 

b)         Procedures for ante-mortem and post-mortem inspections and any correlation between the two inspections shall be as set forth in the "Meat and Poultry Inspection Manual" as adopted by the Department in Section 125.20.

 

c)         Incineration of poultry suspected of having been treated with or exposed to any substance which imported a biological residue shall be in accordance with Section 125.370.  The Department shall permit the slaughter of such poultry for the purpose of collecting tissues for analysis of the residue upon the request of the owner of the poultry or at the request of the official establishment.

 

d)         The Director shall approve the slaughter of poultry which was used in research in accordance with the specific provisions as stated in 9 CFR 381.75, except for rabbits as stated in Section 125.360.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.360  Post-Mortem Inspection; Disposition of Carcasses and Parts

 

a)         The Department incorporates by reference 9 CFR 381:  Subpart K (2004); 79 FR 49566, effective October 20, 2014. The E. coli process control testing regulations set forth in 9 CFR 381.94(a) will be applicable on October 1, 1997, and the Salmonella pathogen reduction performance standards regulations set forth in 9 CFR 381.94(b) will be applicable simultaneously with applicability dates for implementation of HACCP in Section 125.142.

 

b)         Carcasses of rabbits affected with or showing lesions of any of the following named diseases or conditions shall be condemned:  Tularemia, anthrax, hemorrhagic septicemia, pyemia, septicemia, leukemia, acute enteritis, peritonitis, sarcomatosis, metritis, necrobacillosis (Smorl's Disease), tuberculosis, emaciation, streptobacillary pseudotuberculosis, and advanced stages of snuffles.  Rabbits from pathological laboratories shall be condemned.

 

c)         Carcasses of rabbits showing any disease, such as generalized melanosis and pseudoleukemia which systemically affect the rabbit, shall be condemned.

 

d)         Any organ or part of a rabbit carcass which is badly bruised or which is affected by an abscess or a suppurating sore, shall be condemned.  Parts or carcasses of rabbits which are contaminated by pus shall be condemned.

 

e)         Carcasses of rabbits contaminated by volatile oils, paints, poisons, gases or other substances which affect the wholesomeness of the carcass shall be condemned.

 

f)         All carcasses of rabbits so infected that consumption of the meat or meat food products thereof may give rise to meat poisoning shall be condemned.  This includes all carcasses showing signs of any of the following diseases:  Acute inflammation of the lungs, pleura, pericardium, peritoneum or meninges, septicemia or pyemia (whether traumatic, or without evident cause), gangrenous or severe hemorrhagic enteritis or gastritis, polyarthritis and acute nephritis.  Immediately after the slaughter of any rabbit so infected, the infected premises and implements used shall be sanitized.  The part or parts of any carcass coming into contact with the carcass or any part of the carcass of any rabbit listed in this paragraph other than those affected with acute inflammation of the lungs, pleura, pericardium, peritoneum or meninges, shall be condemned.

 

g)         Carcasses of rabbits showing any degree of icterus with a parenchymatous degeneration of organs, the result of infection or intoxication, and those which, as a result of a pathological condition show an intense yellow or greenish-yellow discoloration without evidence of infection or intoxication shall be condemned.

 

h)         Carcasses of rabbits affected with mange or scab in advanced stages or showing emaciation or extension of the inflammation to the flesh shall be condemned.  When the diseased condition is localized, the carcass shall be passed for food purposes after removal and condemnation of the affected parts.

 

i)          In the disposal of carcasses and parts of carcasses of rabbits showing evidence of infestation with parasites not transmissible to man, the following general rules shall govern:  If the lesions are localized in such manner and are of such character that the parasites and the lesions caused by them may be radically removed, the non-affected portion of the carcass, or part of the carcass, shall be certified for food purposes after the removal and condemnation of the affected portions.  Where a part of a carcass shows numerous lesions caused by parasites, or the character of the infestation is such that complete extirpation of the parasites and lesions is difficult and uncertainly accomplished, or if the parasitic infestation or invasion renders the organ or part in any way unfit for food, the affected organ or part shall be condemned.  Where parasites are found to be distributed in a carcass in such a manner or to be of such a character that their removal and the removal of the lesions caused by them are impracticable, no part of the carcass shall be certified as capable for use as human food and the entire carcass shall be condemned.  Carcasses of rabbits infested with a hydatid cyst or cysts (Echinococcus grandulosis), transmissible to dogs and from dogs to man, shall in all cases be condemned regardless of the degree of infestation.

 

j)          Carcasses of rabbits showing such degree of emaciation or anemic condition as would render the meat unwholesome, and carcasses which show a slimy degeneration of the fat or a serious infiltration of the muscles shall be condemned.

 

k)         Carcasses of poultry, the viscera and any part removed from the carcass shall be kept together and identified by a lot number until the inspector performs a post-mortem inspection.

 

(Source:  Amended by peremptory rulemaking at 38 Ill. Reg. 20825, effective October 20, 2014)

 

Section 125.370  Handling and Disposal of Condemned or Inedible Products at Official Establishments

 

Condemned and inedible poultry and/or poultry products shall be disposed of by persons licensed in accordance with the Illinois Dead Animal Disposal Act (see Section 125.120).  If the official establishment has no facilities for tanking the condemned carcasses or poultry products or if the inspector cannot leave the slaughter area, the condemned poultry or poultry products shall be denatured as set forth in 9 CFR 381.95(c) (2004).

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)

 

Section 125.380  Labeling and Containers

 

a)         The Department incorporates by reference 381.115 through 381.127, 381.129 through 381.132(f), 381.133, 381.134, 381.136 through 381.140, 381.144(a) through 381.144(d), 381.400, 381.402, 381.408, 381.409, 381.412, 381.413, 381.443; 381.444; 381.445; 381.454; 381.456, 381.460, 381.461, 381.462, 381.463, 381.469, 381.480, 381.500 (2010; 75 FR 82148, effective January 1, 2012; 76 FR 82077, effective December 30, 2011; 77 FR 76824, effective December 31, 2012; 78 FR 66826, effective January 6, 2014; 79 FR 49566, effective October 20, 2014; 79 FR 71007, effective December 1, 2014; 79 FR 79044, effective January 1, 2016).

 

b)         Each shipping container and each immediate container containing inspected and passed poultry and/or poultry products shall be identified in accordance with the labeling provisions of this Section.

 

c)         Immediate containers of poultry products packed in, bearing or containing any chemical additive shall bear a label naming the additive and the purpose of its use.

 

d)         Labels for consumer packages shall be approved if the label is not misbranded in accordance with Section 2.20 of the Act and is in compliance with this Section.

 

e)         The specific statements listed in 9 CFR 381.121 may be added to the label for the shipping container at the option of the licensee.

 

f)         The quantity of contents as shown on the label shall be in compliance with the Weights and Measures Act and 8 Ill. Adm. Code 600.

 

g)         No labeling or containers that have not been approved shall be used until a final decision is rendered at an administrative hearing in accordance with Section 19 of the Act.

 

h)         The Department shall approve the manufacture of a device or label containing an official mark of inspection provided the device or label is in compliance with Section 125.90.

 

i)          Labeling and sketch labeling shall be approved by the Department if the label is in compliance with the provisions of this Section and the label is not misbranded in accordance with Section 2.20 of the Act.  All labels and sketch labels shall be submitted to the Springfield office of the Department for approval.

 

j)          The Department shall approve temporary labeling as stated in 9 CFR 381.132(f).  Labeling that has received temporary approval shall not be used beyond the temporary approval period unless the printer or manufacturer of the label is unable to provide the official establishment with the permanent labels before the expiration of the temporary approval.

 

k)         A copy of each label submitted for approval shall be accompanied by a statement showing the common or usual names, the kinds and percentages of the ingredients comprising the poultry product and a statement indicating the method or preparation of the product with respect to which the label is to be used.  Laboratories used for chemical analysis shall be any approved laboratory as defined in 8 Ill. Adm. Code 20.1.

 

l)          The Department does not approve terms for generic labeling and considers the approval of terms as generic to be the responsibility of the federal government.

 

m)        The Department does not issue a list of approved packaging materials and will permit for use any packaging material which has been approved by the U.S. Department of Agriculture (see 9 CFR 317.24 (1997)).

 

n)         Labels and devices approved for use pursuant to Section 125.90 and this Section shall be disposed of only when those labels or devices have been mutilated or damaged or when the establishment ceases to do business.  The labels and devices shall be given to the inspector for disposition.

 

o)         The inspector shall grant authorization to transport labels, wrappers and containers bearing official marks from one official establishment to another official establishment provided the official establishment provides to the inspector the information required in 9 CFR 381.138 so that the inspector can notify the inspector at the destination point.

 

p)         Labels to be used for the relabeling of inspected and passed product shall be permitted to leave the official establishment when the product must be relabeled because the original labels have become mutilated or damaged.  The official establishment shall reimburse the Department for any overtime costs, if applicable, involved for the inspector to supervise the relabeling of a product.  The overtime charges shall be as set forth in Section 125.80.

 

q)         Labeling of custom slaughtered and/or custom processed poultry and/or poultry products and the containers containing custom slaughtered and/or custom processed poultry products shall be as set forth in Section 5 of the Act.

 

r)          The Department shall approve only those abbreviations for marks of inspection as specifically stated in Section 2.26(j)(3), (4), (5) and (9) of the Act.

 

(Source:  Amended at 40 Ill. Reg. 2739, effective January 22, 2016)

 

Section 125.390  Entry of Articles Into Official Establishments; Processing Inspection and Other Reinspections; Processing Requirements

 

a)         The Department incorporates by reference 9 CFR 381.145(b) through 381.146, 381.148, 381.150 through 381.151, 381.200 (2004; 76 FR 82077, effective December 30, 2011).

 

b)         No poultry or poultry product shall be brought into an official establishment unless it is inspected or has been prepared in an official establishment or in a federally licensed establishment and is identified by an official inspection legend as set forth in Section 125.90, the federal inspection legend, or is exempt from inspection as stated in Section 125.110.  However, poultry or poultry products imported into the United States may be transported to an inspection site in accordance with the provisions of 9 CFR 381.200 for reinspection.

 

c)         Poultry and poultry products received in an official establishment during the absence of the inspector shall be identified as set forth in Section 125.360 and, unless exempt from inspection, shall not be used or prepared until they have been reinspected.  Any poultry and/or poultry product originally prepared at any official establishment may not be returned to any part of the establishment other than the receiving area until it has been reinspected and passed by the inspector.

 

d)         The official establishment shall maintain an inventory of non-poultry items (e.g., spices, preservatives) that are received at the official establishment.  Any product that is brought on the premises of an official establishment contrary to the provisions of this Section shall be removed immediately from the establishment by the operator of the establishment.

 

e)         Reinspections of poultry and/or poultry products within the official establishment shall be performed through the use of a random digit table.

 

f)         Poultry feet shall be approved for processing for human food in accordance with the procedures set forth in the USDA Meat and Poultry Inspection Manual as adopted by the Department in Section 125.20.

 

g)         The Department does not approve new substances to be used on poultry or in poultry products, their uses, or the levels of use of an approved substance.  The substances will be permitted to be used if they will not adulterate the poultry and/or poultry product in accordance with Section 2.11 of the Act and are in compliance with the provisions of this Section.

 

h)         Ready-to-heat-and-eat poultry or stuffed ready-to-roast poultry may be moved from an official establishment prior to freezing in accordance with Section 125.330 (specifically the incorporated language in 9 CFR 381.66(f)(3)).

 

i)          Any method of cleaning immediate containers used for the holding of poultry and poultry products shall be approved if that method is in compliance with the sanitation requirements (see Section 125.330).

 

j)          Canned poultry products that may be processed without steam-pressure cooking shall be those products stated in the USDA Meat and Poultry Inspection Manual.

 

k)         The inspector shall permit lots of canned poultry products to be shipped from the official establishment prior to the completion of the incubation period on the representative samples in accordance with the specific provisions in 9 CFR 381.309.

 

l)          Disinfectants that may be used in an official establishment shall be those products on the List of Proprietary Substances and Nonfood Compounds adopted by the Department in Section 125.20.

 

(Source:  Amended at 43 Ill. Reg. 3202, effective February 25, 2019)

 

Section 125.400  Definitions and Standards of Identity or Composition

 

a)         The Department incorporates by reference 9 CFR 381:  Subpart P (81 FR 21706, effective January 1, 2018).

 

b)         Cooling of poultry shall be in accordance with the provisions set forth in Section 125.330.

 

c)         Definitions and standards of identity or composition for poultry products shall be as set forth in this Section and in Section 13(d) of the Act.

 

(Source:  Amended at 43 Ill. Reg. 4526, effective March 26, 2019)

 

Section 125.410  Transportation; Sale of Poultry or Poultry Products

 

a)         The Department incorporates by reference 9 CFR 381.189 through 381.193 (2004).

 

b)         Transportation of dead, dying, disabled or diseased poultry and parts of carcasses or poultry that has died otherwise than by slaughter at an official establishment, unless exempt from inspection and transportation requirements as set forth in Section 125.110, shall be in accordance with Section 125.120.

 

c)         The manner for handling heads and feet of poultry shall be as set forth in the "Meat and Poultry Inspection Manual" as adopted by the Department in Section 125.20.

 

d)         References in the incorporated language to USDA and PPIA shall mean the Illinois Department of Agriculture and the Meat and Poultry Inspection Act, respectively.  References to "penalties in Section 11 of the Act" shall mean as set forth in Section 19 of the Meat and Poultry Inspection Act.

 

(Source:  Amended at 29 Ill. Reg. 5661, effective April 13, 2005)