ADMINISTRATIVE CODE

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 65 EGG AND EGG PRODUCTS ACT

Section 65.10 Definitions and Incorporations

Section 65.20 Packaging Material, Master Containers, Packing Material and Consumer-Size Containers

Section 65.30 Consumer Container Labeling Requirements

Section 65.40 Restrictions

Section 65.50 Master Container Labeling Requirements

Section 65.60 Advertising

Section 65.70 Brand or Firm Name

Section 65.80 Food Preparation

Section 65.90 Holding Temperature

Section 65.100 Application for License or Renewal; Revocation or Suspension of License

Section 65.110 Licenses

Section 65.120 Surety Bond or Certificate of Deposit (Repealed)

Section 65.130 Required Forms and Records

Section 65.135 Egg Lot Consolidation

Section 65.140 Minimum Sanitation, Building and Labeling Requirements for Egg Breaking Establishments

Section 65.150 Minimum Sanitation and Operating Requirements for Shell Egg Grading Plants, Not Under Federal Inspection, Engaged in the Grading, Storage, Packaging and Distribution of Eggs

Section 65.160 Minimum Sanitation Requirements for Retailers and Institutional Consumers

Section 65.170 Retail Egg Inspection

Section 65.180 Enforcement

Section 65.190 Restricted Eggs (Definition, Labeling, Handling, Disposition)

Section 65.200 Denaturants

Section 65.210 Egg Inspection Fee

Section 65.220 Illinois Grade Standards

Section 65.230 Administrative Hearings (Repealed)

Section 65.10 Definitions and Incorporations

a) Words in the singular form shall be deemed to include the plural, words in the masculine form shall be deemed to include the feminine form, and vice versa, as the case may require. As used in these rules the following terms shall have the meanings specified:

"Act" means The Illinois Egg and Egg Products Act [410 ILCS 615].

"Deceptive" – Any arrangement of the contents of any consumer-size container or master container, or of any lot, load or display in which the eggs in the outer layer or in any portion exposed to view are in quality, size, condition or in any other respect superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part thereof as to size, quality, condition or any other respects.

"Eggs sold at retail" – It shall be considered that shell eggs are being sold at retail when they are offered for sale or sold to a consumer off the premises where the flock is maintained.

"First receiver" means the first recipient of the eggs from a producer.

"Mislabel" – The placing or presence of any false, deceptive or misleading mark, term, statement, design, device, inscription or any other designation upon a consumer-size container or master container of eggs or upon the label, lining or wrapper thereof, or upon a placard or sign used in connection therewith, or in connection with any display having reference to eggs.

"Sufficient strength and durability" means that the master container must be rigid and capable of supporting 4 or 5 full master containers when stacked as commonly occurs when such master containers are shipped.

b) No incorporation by reference in this Part includes any later amendment or edition beyond the date stated.

(Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005)

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 65 EGG AND EGG PRODUCTS ACT
SECTION 65.20 PACKAGING MATERIAL, MASTER CONTAINERS, PACKING MATERIAL AND CONSUMER-SIZE CONTAINERS

Section 65.20 Packaging Material, Master Containers, Packing Material and Consumer-Size Containers

a) Eggs sold at retail may be packaged only in new consumer-size containers with the exception that ungraded eggs sold directly by producers to household consumers may be packaged in unmarked new or unmarked good used consumer-size containers.

b) All eggs sold at retail must be prepackaged.

c) Only new or good used master containers may be used for the distribution of eggs. All master containers including plastic and wire baskets must be clean, free of mold and dirt, mustiness, and of odors, and must be of sufficient strength and durability to protect the eggs from damage during normal distribution. Cardboard master containers showing obvious "fatigue" defects, such as, master containers with torn sections exposing contents of the master containers or which have lost their original shape due to warping, bulging, sagging or denting shall not be used.

d) Packing material, including but not limited to flats and fillers, plastic or pulp fillerflats, may be new or used provided they are clean, free from stain and odors, from mold and dirt, from mustiness, thoroughly dry and of sufficient rigidity to prevent damage during handling and distribution.

e) Eggs sold at retail may be prepackaged by handlers only in new consumer-size containers. Polystyrene (shrink wrap) may be used in the prepackaging of eggs offered for sale at the retail level. Wrapping fillerflats or any other open container of eggs in newspaper, butcher paper, or other type of sheet material is prohibited. No retailers will buy loose or bulk eggs and put them into cartons or containers of any kind or sort whatsoever.

f) In accordance with Section 3.7 of the Act, consumer-size containers shall automatically be approved for use if they comply with the labeling requirements (see 8 Ill. Adm. Code 65.30) and protect the eggs from damage during normal distribution. Upon examination, if the Department finds evidence that the container is not protecting the eggs from damage, the packer shall receive written notification either personally, or by registered or certified mail that the containers cannot be used beginning 30 days from the date notice of discontinuance is given by the Department. Consumer-size containers which are found in violation of the labeling requirements cannot be used until correction is made.

(Source: Amended at 7 Ill. Reg. 2311, effective February 14, 1983)

Section 65.30 Consumer Container Labeling Requirements

a) All shell eggs sold by a producer-dealer, packer, handler, or distributor to a retailer for resale to a consumer shall be labeled on the consumer-size container with the grade and size. Labeling shall be in bold type with letters not less than ⅜ inch in height, no abbreviations permitted.

b) Labeling on each consumer-size container must show the name and address of the packer or the name and address of the distributor or retailer under whose authority the eggs were packed. This identification must be permanent either by stamping or printing in bold type with letters not less than ⅛ inch in height.

c) Each consumer-size container must include in its label numbers expressed in a three-digit Julian code not less than ⅛ inch in height indicating the exact consecutive day of the year on which the determination of grade and size was made. Predating is not permitted. Illegible dates shall be considered as no dates. Candling dates must be separated from any other codes that may appear on the carton.

d) In addition to the above labeling requirements, it shall be allowable to include expiration dates in the labeling of consumer-size containers at retail. An expiration date, or other similar language as specified by USDA standards, that is not later than 45 days from the candling date for Grade A eggs and not later than the 30 days from the candling date for Grade AA eggs shall be used. Eggs with an expiration date marked on the container shall not be offered for sale or sold to a consumer after the date marked on the container.

(Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019)

Section 65.40 Restrictions

a) No person shall sell or offer for sale shell eggs to retailers, institutional consumers, or food manufacturers in this State that do not meet the requirements of Grade B quality or better (see 8 Ill. Adm. Code 65.220), except that producers may sell directly to household consumers nest run eggs produced by their own flocks.

b) The Illinois Egg and Egg Products Act and these rules (8 Ill. Adm. Code 65) shall also apply to all eggs shipped into Illinois and offered for sale or sold in this State.

(Source: Amended at 7 Ill. Reg. 2311, effective February 14, 1983)

Section 65.50 Master Container Labeling Requirements

a) All master containers, whether full or partial containing bulk (loose) eggs offered, exposed or packed for sale, or transported for sale within the State shall bear a label stamped on the container or a removable tag affixed to the container on the top rung showing the following information in a conspicuous manner:

1) Grade and size – in letters not less than ½ inch in height.

2) Name and address of packer or Illinois Egg License number or USDA plant number or egg license number from another state where eggs were packed, in letters not less than ¼ inch in height.

3) The exact date on which the eggs were candled and graded. This candling date must be legible and accurate and appear in letters and numbers in Julian date code or exact date of pack not less than ¼ inch in height. Predating is not permitted. Illegible dates shall be considered as no dates.

4) In addition to the above labeling requirements, an expiration date shall be required on all loose pack master containers. Use of qualifying prefixes required by USDA standards is allowable.

b) Wire or plastic baskets (master containers) containing consumer-size cartons with the labeling information required by 8 Ill. Adm. Code 65.30 exposed to view are exempt from labeling the master container itself.

c) Master containers, containing consumer-size containers where the labeling information is not exposed to view, must be labeled with one of the following means of identification:

1) name and address of packer;

2) state license number;

3) USDA plant number; or

4) egg license number from another state.

(Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019)

Section 65.60 Advertising

a) No person other than those persons who sell only nest run eggs produced by their own flocks shall sell, offer for sale or advertise for sale shell eggs as "fresh eggs", "hennery eggs", or "strictly fresh eggs", any eggs which do not meet the minimum requirements for consumer Grade A as prescribed in the Department standards for individual shell eggs (see 8 Ill. Adm. Code 65.220).

b) No eggs shall be advertised or labeled as "organic eggs" or "fertile eggs", including but not limited to any other claims of unusual interior quality or superiority, until a statement of proof is submitted to the Director and inspection to confirm the claim is made. An egg shall be considered a fertile egg when the ratio of roosters to hens is not less than 8 roosters per 100 hens. An egg may be advertised as an organic egg when it has been certified organic by a USDA accredited certifying agency for having met all the conditions of the National Organic Program (7 CFR 205 (2000)).

c) Eggs shall not be advertised when a price is stated or implied without also designating the correct grade and size. In accordance with the provisions of Sections 7 and 17(a) and (b) of the Act and 8 Ill. Adm. Code 65.10, advertising information shall not be misleading or deceptive. This subsection applies to all forms of advertising including, but not limited to newspaper, periodical, window, display case, radio, television, and handbill.

(Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005)

Section 65.70 Brand or Firm Name

No person except a bona fide producer as defined in the Act shall use a component of a brand name or company name any word or words which carry the connotation that he is in fact a producer or owns or operates facilities for that purpose. With the exception, that brand names carrying such connotations in use prior to November 1, 1975 shall be permitted to continue in use.

(Source: Rules and Regulations relating to the Illinois Egg and Egg Products Act, filed March 2, 1976, effective March 12, 1976)

Section 65.80 Food Preparation

Restaurants, institutional consumers, and food manufacturers shall receive and use only clean sound shell eggs of Grade B quality or better. They may buy dried, frozen or liquid eggs only if such products are prepared and pasteurized in a plant under USDA continuous inspection and carry the USDA inspected egg products legend.

(Source: Amended at 19 Ill. Reg. 16933, effective January 1, 1996)

Section 65.90 Holding Temperature

a) From the point of candling and grading (including transportation), all eggs designated for human consumption shall be held at a temperature not to exceed 45° F. ambient temperature after processing until they reach the retailer.

b) All shell eggs shall be kept from freezing.

c) Nest run eggs shall be held at 60° F. or less at all times, including during transportation.

(Source: Amended at 21 Ill. Reg. 900, effective January 1, 1997)

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 65 EGG AND EGG PRODUCTS ACT
SECTION 65.100 APPLICATION FOR LICENSE OR RENEWAL; REVOCATION OR SUSPENSION OF LICENSE

Section 65.100 Application for License or Renewal; Revocation or Suspension of License

a) Except for those businesses exempted in Section 8 of the Act, applications for a license to operate as a handler, egg breaking establishment or any other business which buys, sells, trades or traffics in eggs, such as, egg packing, handling and processing plants, shall be made on forms supplied by the Department. Persons who ship shell eggs into Illinois from any other state via their own trucks, leased trucks, or common carrier must have Illinois Egg Licenses. All shipments of such eggs shall meet Federal standards (21 USCA 1031 et seq. and 7 CFR 56 (2004) and 7 CFR 59 (2004)) and be in compliance with this Part. Egg breaking establishments located in this State or located outside the State but who sell or purchase shell eggs in Illinois must obtain an Illinois Egg License and thereby become subject to all provisions of the Act and to the rules governing the sale and purchase of shell eggs in this Part.

b) New applicants for licenses shall state the type of license desired (Section 65.110) when requesting an application form. Applications for renewal of licenses shall be mailed by the Department to the licensee at the address on the application. The application for an egg license shall include the name to appear on the license, and the address where the applicant engages in the business of buying eggs, information as to the type of license being applied for, name under which the license was previously issued and license number if it is a request for renewal of license and information on officers or partners, if applicable.

c) The application for license to operate an egg breaking establishment shall request the name to appear on the license and the address of the business. Applicant's business must meet standards as set forth in Section 65.140.

d) Inaccurate or missing information on the application will be grounds for revoking or refusing to issue a license. Before refusing to issue or renew or before suspending or revoking a license or refusing to issue or revoking a grace period for renewal, the Department shall comply with the provisions of Section 11.5 of the Act. The administrative hearing shall be conducted in accordance with Section 18.5 of the Act.

(Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005)

Section 65.110 Licenses

a) The classifications of egg licenses and license fees for Illinois Egg Licenses (Full and Limited) are:

1) Illinois Egg License (Full) is required for the following business:

A) Producer-dealer (as defined in Section 3.29 of the Act and who sells eggs produced by his or her own flock or additional eggs from other than his or her own production) – $50.

B) Grading station (candles and grades nest run eggs from various producers) – $50.

C) Jobber or broker (as defined in Section 3.2 of the Act) – $50.

D) Distributor (as defined in Section 3.11 of the Act) – $50.

2) Illinois Egg License (Limited) is required for a producer-dealer (as defined in Section 3.29 of the Act, except that a limited licensee may only sell eggs of his or her own production) $15.

3) Egg Breaker's License (egg breaking establishment as defined in Section 16 of the Act). The license fee as set in Section 16 of the Act is $200.

b) A license will be issued if the applicant complies with the requirements of Sections 9 and 16 of the Act (as applicable to the type of license desired) and this Part.

c) Illinois Egg Licenses must be posted conspicuously at the place of business of the holder so the license may be seen by the public and by the inspectors of the Department of Agriculture at any and all hours of the working day.

d) Truckers purchasing eggs from an Illinois producer are required to have an Illinois Egg License or photostatic copy of the license displayed in the cab.

e) A separate license must be obtained for each business location.

f) A place of business means a location where any person buys eggs from producers, or buys from or sells to institutional consumers, retailers, manufacturers or handlers. A truck or vehicle shall be considered a place of business provided no building is used for this purpose. Any person who operates his business from a vehicle in the State must provide to the Department a legal address for contact.

g) Licenses are non-transferable. In the event of a sale of a licensed business, the purchaser will be required to make application for a new license.

(Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019)

Section 65.120 Surety Bond or Certificate of Deposit (Repealed)

(Source: Repealed at 19 Ill. Reg. 16933, effective January 1, 1996)

Section 65.130 Required Forms and Records

a) Grade Buying Slip

1) When eggs are purchased from the producer on a graded basis, a grade buying slip shall be issued by the purchaser to the producer showing that eggs are of one or more of the following grade and size designations stating the quantity of each. Every grade buying slip shall carry a minimum of these six designations:

A Large	B Grade
A Medium	Restricted
A Small	Loss

2) The grade buying slip must identify the producer and the purchaser and show the date of purchase and the date of grading. Eggs purchased from producers on a graded basis shall be candled and graded by the first receiver before the close of the fifth business day after receipt of the eggs at the grading facility, unless otherwise agreed to by both parties, and unless they are sold as "Nest Run Eggs", in which event they must be assigned a nest run grade and a weight class as defined in 7 CFR 56.230, 56.231, and 56.232 (2004) in the Federal standards for shell eggs.

3) If quality factors preclude the assignment of a nest run grade, that grade must be stated on the invoice accompanying the sale of the eggs to the second receiver.

4) Other grade and size classifications may be used in addition to those specified in subsection (a)(1). When other grades are added, they must conform with the Federal egg grading standards adopted in Section 65.220. The term "restricted" shall be used to designate all edible eggs below B quality (see Section 65.190(a)). A quantitative breakdown of the various types (i.e., checks, dirties, etc.) of restricted eggs shall be shown.

b) Invoice

1) When eggs are sold by a licensed handler to another handler or retailer for ultimate resale to consumers, or to an institutional consumer or manufacturer for use in preparation of food for human consumption, an invoice or other accounting document must accompany the eggs.

2) The invoice or other accounting document must show the name and address of the seller, including the physical address from where the eggs were shipped (P.O. boxes are not acceptable), the name and address of the purchaser, and the exact grade and size of the eggs sold according to State grade standards (see Section 65.220). The handler paying the inspection fee shall indicate, on each sales invoice, the amount of the inspection fee for the transaction in addition to the price of the eggs (see Section 65.210).

3) Both seller and buyer must keep a copy of this invoice or other accounting documents on file, for a period of 6 months, at the location where the eggs are being held or sold.

(Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019)

Section 65.135 Egg Lot Consolidation

a) Cartons used for egg lot consolidation must be clean.

b) All lot consolidation training must be preapproved by the Department.

c) Only trained personnel can perform lot consolidation at the retail level. A dated record must be kept and must be accessible at the retail store, listing all trained individuals who have been approved to perform lot consolidation. The employer bears the responsibility for training personnel and maintaining all records.

d) Lot consolidation records must include each trained individual's name and the date of the lot consolidation. The Department can access timekeeping records to verify that the trained employee was working on the date of lot consolidation.

e) Any retailer that wants to engage in egg lot consolidation must notify the Department either in writing or by electronic method listing each specific address of the retail location where it would like to perform egg lot consolidation. This requested location listing should be updated on an annual basis by the retailer.

f) A second inspection fee is not payable to the Department on eggs consolidated.

(Source: Added at 43 Ill. Reg. 4799, effective April 15, 2019)

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 65 EGG AND EGG PRODUCTS ACT
SECTION 65.140 MINIMUM SANITATION, BUILDING AND LABELING REQUIREMENTS FOR EGG BREAKING ESTABLISHMENTS

Section 65.140 Minimum Sanitation, Building and Labeling Requirements for Egg Breaking Establishments

Illinois standards for sanitation, building and labeling requirements for egg breaking establishments shall be those as required by the Federal Egg Products Inspection Act (21 USCA 1035 and 1036) and its rules (7 CFR 59 (2004)).

(Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005)

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 65 EGG AND EGG PRODUCTS ACT
SECTION 65.150 MINIMUM SANITATION AND OPERATING REQUIREMENTS FOR SHELL EGG GRADING PLANTS, NOT UNDER FEDERAL INSPECTION, ENGAGED IN THE GRADING, STORAGE, PACKAGING AND DISTRIBUTION OF EGGS

Section 65.150 Minimum Sanitation and Operating Requirements for Shell Egg Grading Plants, Not Under Federal Inspection, Engaged in the Grading, Storage, Packaging and Distribution of Eggs

a) Buildings shall be of sound construction so as to prevent the entrance or harboring of vermin.

b) All areas and rooms in which eggs are handled, graded, and packed shall be kept reasonably clean during working hours and shall be thoroughly cleaned at the end of each operating day.

c) Cooler rooms shall be free from objectionable odors, such as mustiness or a rotten odor, and shall be maintained in a clean sanitary condition.

d) Oil processing of shell eggs to preserve quality shall be conducted in a manner as will avoid contamination of the eggs. The temperature of the processing oil must be warmer than the temperature of the eggs to which it is applied.

1) Oil having any off odor or oil that is obviously contaminated shall not be used. Processing oil that has been previously used and that has become contaminated shall be filtered and heated to 180° F. for three minutes prior to reuse.

2) Oil treating equipment shall be washed, rinsed and treated with a bactericidal agent each time the oil is removed. It is preferable to filter and heat treat processing oil and clean processing equipment daily when in use. Equipment shall be covered when not in use to keep it clean.

3) Eggs with apparent moisture on the shell shall not be oil treated.

e) Egg cleaning equipment shall be kept in good repair and shall be thoroughly cleaned after each day's use or more often if necessary to maintain a sanitary condition. The wash water shall be potable and maintained at a temperature of 90° F. minimum. The wash water temperature must be at least 20° greater than the egg temperature. The wash water shall be replaced frequently and the detergent and sanitizer shall be kept at an effective level at all times.

1) During any rest period, or at any time when the equipment is not in operation, the eggs shall be removed from the washing and rinsing area of the egg washer and from the scanning area whenever there is a build-up of heat.

2) Only USDA or Federal approved cleaning and sanitizing compounds may be used (7 CFR 59.515 (2004)). Washed eggs shall be reasonably dry before cartoning or casing.

f) Washing eggs by hand, or by any other method in which the water temperature, cleaning and sanitizing agents, and bacterial contamination cannot be controlled, is prohibited.

g) Motor driven rotary cleaning pads, hand sanding, or other "dry cleaning" devices may be used to clean eggs, but they are not recommended. Dry cleaning pulverizes the dirt, thereby spreading it over all adjoining surfaces, including eggs. In the absence of an adequate air filtering system, the process shall be considered as air pollution and a health hazard for persons handling the eggs.

(Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005)

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 65 EGG AND EGG PRODUCTS ACT
SECTION 65.160 MINIMUM SANITATION REQUIREMENTS FOR RETAILERS AND INSTITUTIONAL CONSUMERS

Section 65.160 Minimum Sanitation Requirements for Retailers and Institutional Consumers

a) Only new packaging material will be used to sell eggs at retail. This regulation applies to any size container and the packing material used therein.

b) Display cases in which eggs are offered for sale to consumers must be clean and free from any substances or conditions whereby the eggs could become adulterated through absorption of bacteria or odors which would affect the quality of taste of the eggs.

c) All storage areas where eggs are held prior to being placed in display cases or other area accessible to consumers must be continuously maintained in a clean and sanitary condition. Eggs will not be stored in the same area with:

1) consumer-size containers which have been rejected for damaged eggs,

2) onions, fish, and other strong smelling food items,

3) cleaning compounds, pesticides or any other chemicals of any kind or sort whatsoever.

d) Institutional consumers shall not keep shell eggs in the kitchen or cooking area for longer than one hour from the time they are removed from the cooler.

e) Retailers and institutional consumers should keep their supplies of eggs properly rotated at all times so that the oldest eggs as determined by the candling date on the master containers or consumer-size containers are used first.

f) Consumer-size containers holding damaged eggs whereby the contents are exuding or free to exude through the shell membranes shall be removed from the display area. If such damage results in spillage of egg contents on other cartons or upon the bottom of the display case, the cartons or display case floor must be cleaned within a reasonable time.

g) In all storage areas, master containers shall be kept above the floor at all times.

(Source: Amended at 21 Ill. Reg. 900, effective January 1, 1997)

Section 65.170 Retail Egg Inspection

a) When an inspector selects inspection samples to ascertain compliance with the Egg and Egg Products Act and this Part as they apply to grade and size of shell eggs, such samples shall be taken from either the holding area or display area.

b) If a disproportionate number of checks and leakers are found indicating the lack of reasonable store surveillance of the egg display, the inspector will issue a violation notice. In determining if a violation exists, the inspector will consider the damage possibly inflicted by the store's patrons, past inspection history indicating previous lack of surveillance of the egg display, and whether the number of checks and leakers exceed minimum federal egg grading standards (7 CFR 56 (2004)).

(Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005)

Section 65.180 Enforcement

a) Stop Sale Notices. Inspectors of the Department of Agriculture, upon determining that the provisions of the Act or the rules promulgated for its enforcement have been violated, shall place "Stop Sale Notices" on eggs being offered, displayed, stored, processed, or transported in violation of the provisions of the Act or the rules thereof. Eggs upon which a Stop Sale Notice has been issued shall not be sold, transferred or otherwise disposed of until such Stop Sale Notice has been cancelled by the Director of Agriculture, or his duly authorized agent.

b) At the retail level, all consumer-size containers within a lot determined to be in violation of the Act or the rules thereof shall be stamped individually as follows: "Not To Be Sold – Ill. Dept. of Agri." Any consumer-size containers so stamped shall not be sold at retail and shall be picked up by or returned to the person from whom they were purchased or obtained, or destroyed in the presence of the inspector.

c) Inspection Samples. Whenever eggs are offered for sale or being held for the purpose of selling, any authorized inspector or employee of the Department of Agriculture may enter and take representative samples.

d) Invoices, Reports and Information. When deemed necessary for proper enforcement of this Act, any producer-dealer, packer, handler, distributor, institutional consumer, retailer, or holder of an Illinois Egg License may be required to supply invoices, reports, or equivalent information, as may be specified by the Director of Agriculture or his agent.

e) When refusing to issue or renew, suspend or revoke a license, the Department shall conduct an administrative hearing to afford the respondent an opportunity to be heard in accordance with the provisions of Section 11.5 of the Act.

(Source: Amended at 19 Ill. Reg. 16933, effective January 1, 1996)

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 65 EGG AND EGG PRODUCTS ACT
SECTION 65.190 RESTRICTED EGGS (DEFINITION, LABELING, HANDLING, DISPOSITION)

Section 65.190 Restricted Eggs (Definition, Labeling, Handling, Disposition)

a) "Restricted eggs" means shell eggs that are checks, dirties, incubator rejects, inedibles, leakers or loss. Except for the producer exemption provided in subsection (c), checks and dirties may be used for human food provided they are processed and pasteurized in an official plant.

b) "Capable of use as human food" means any egg or egg product, unless it is denatured, or otherwise identified as required by Federal regulation, to deter its use as human food (7 CFR 59 (2004)).

c) Within the classifications of eggs defined as restricted eggs, only checks and dirties are capable of use as human food, unless they are destroyed or identified and labeled for animal food. Checks and dirties shall be sold directly or indirectly only to an official plant. However, a producer may sell on his own premises where eggs are produced checks and dirties directly to household consumers, for use by the consumer and the consumer's non-paying guests.

d) Producer-dealers, packers, handlers, distributors, or retailers shall not sell on or off the premises within the State any restricted eggs to any person, including consumers, institutional consumers or employees.

e) Restricted eggs will not be given free, for use as human food, to any person, including but not limited to institutional consumers, charitable organizations, or any employee.

f) Restricted eggs may be designated for animal food only when properly decharacterized or denatured to preclude their use in food for human consumption, and each container or receptacle shall be labeled "Restricted eggs, Not to be used as human food". However, restricted eggs that are not decharacterized or denatured may be moved from one USDA licensed plant to another USDA licensed plant.

g) Inedible and loss eggs must be denatured at the point and time of segregation. If the liquid is removed from the shells, approved denaturant must be placed in the receptacle provided, before the liquid is added. If loss eggs are placed on fillerflats or in flats and fillers, or in any other manner, each layer of eggs must be denatured before another one is started. However, inedible and loss eggs under USDA inspection and control shall be handled in accordance with USDA recommendations.

h) Checks and dirties must be conspicuously labeled at the point and time of segregation with a placard or other device. Full or partial master cases containing checks and dirties must be labeled before transfer to the cooler.

i) Producer-dealers with fewer than 3000 birds, or any producers, regardless of size, who do no candling and grading, are not required to register under the Federal Egg Products Inspection Act. Producer-dealers with fewer than 3000 birds who candle and grade eggs must be licensed by the State and are subject to this Part as it applies to restricted eggs.

(Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019)

Section 65.200 Denaturants

Illinois standards for use of denaturants shall be those required by the Federal Egg Products Inspection Act (21 USCA 1039) and its rules (7 CFR 59.504(c) (2004)).

(Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005)

Section 65.210 Egg Inspection Fee

a) An inspection fee of 11¢ per case (30 dozen equals a case) or fraction of a case shall be imposed on all eggs bearing a designated size and grade that are offered for sale or sold in the State of Illinois.

b) The first handler in Illinois who packed and sold the eggs shall pay the prescribed inspection fee on the eggs. In the event that the eggs are shipped into Illinois, the handler who invoiced the eggs to Illinois shall pay the fee.

c) The handler paying the inspection fee shall indicate on each sales invoice the amount of the inspection fee for the transaction in addition to the price of the eggs.

d) Eggs sold or shipped out of the State of Illinois are exempt from inspection fees.

e) The inspection fee shall be paid only once on the same quantity of eggs, so long as the eggs maintain their identity by remaining in their original case, carton or container. If eggs are removed from the original case, carton or container, they are now reidentified, and a second inspection fee (same rate as the first fee) shall be paid on the eggs to the Department. However, a second inspection fee shall not be paid for eggs that are consolidation.

f) Persons responsible for the payment of the inspection fees shall report every three months the number of master containers (cases of 30 dozen eggs per case) of eggs subject to the inspection fee on forms supplied by the Department. Exception: Persons selling less than 600 master containers of eggs per year subject to the inspection fee shall report the number of master containers sold and remit fees on an annual basis at the time of license renewal. The reports shall be accompanied by a remittance in an amount corresponding to the number of master containers at the rate prescribed per master container.

1) The Director shall summon the delinquent person or firm to an administrative hearing in Springfield in which the license may be suspended or revoked if:

A) the quarterly report is established as being false or incorrect; or

B) the report is not received within 30 days after the due date.

2) The quarters are as follows: January 1 to March 31; April 1 to June 30; July 1 to September 30; October 1 to December 31.

g) The inspection fee applies to all eggs identified with a consumer Grade "AA", "A", or "B" packed loose or packaged in cartons.

(Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019)

Section 65.220 Illinois Grade Standards

The standards for shell eggs for the State of Illinois shall be those standards as set by the United States Department of Agriculture for shell eggs (see 7 CFR 56 (2004)).

(Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005)

Section 65.230 Administrative Hearings (Repealed)

(Source: Repealed at 19 Ill. Reg. 16933, effective January 1, 1996)