Public Act 100-0843
 
SB2752 EnrolledLRB100 17567 RJF 32737 b



    AN ACT concerning government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Meat and Poultry Inspection Act is amended  
by changing Section 2 as follows:
 



    (225 ILCS 650/2)  (from Ch. 56 1/2, par. 302)



    Sec. 2. Definitions. As used in this Act:

    "Adulterated" means any carcass, part thereof, meat or meat 
food product, or poultry or poultry food product under one or 
more of the following circumstances:
        (1)   if it bears or contains any poisonous or 
    deleterious substance which may render it injurious to 
    health; but in case the substance is not an added 
    substance, such article shall not be considered 
    adulterated under this clause if the quantity of such 
    substance in or on such article does not ordinarily render 
    it injurious to health;
        (2)(A)   if it bears or contains (by reason of 
    administration of any substance to the live animal or 
    otherwise) any added poisonous or added deleterious 
    substance (other than one which is (i) a pesticide chemical 
    in or on a raw agricultural commodity; (ii) a food 
    additive; or (iii) a color additive) which may, in the 
    judgment of the Director, make such article unfit for human 
    food;
        (B)   if it is, in whole or in part, a raw agricultural 
    commodity and such commodity bears or contains a pesticide 
    chemical which is unsafe within the meaning of Section 346a 
    of the federal Food, Drug, and Cosmetic Act;
        (C)   if it bears or contains any food additive which is 
    unsafe within the meaning of Section 348 of the federal 
    Food, Drug, and Cosmetic Act;
        (D)   if it bears or contains any color additive which is 
    unsafe within the meaning of Section 379e of the federal 
    Food, Drug, and Cosmetic Act: Provided, That an article 
    which is not adulterated under clause (B), (C), or (D) 
    shall nevertheless be deemed adulterated if use of the 
    pesticide chemical, food additive, or color additive in or 
    on such article is prohibited by regulations of the 
    Secretary of the United States Department of Agriculture or 
    under Section 13 or 16 of this Act;
        (3)   if it consists in whole or in part of any filthy, 
    putrid, or decomposed substance or is for any other reason 
    unsound, unhealthful, unwholesome, or otherwise unfit for 
    human food;
        (4)   if it has been prepared, packed, or held under 
    insanitary conditions whereby it may have become 
    contaminated with filth, or whereby it may have been 
    rendered injurious to health;
        (5)   if it is, in whole or in part, the product of an 
    animal which has died otherwise than by slaughter;
        (6)  if its container is composed, in whole or in part, 
    of any poisonous or deleterious substance which may render 
    the contents injurious to health;
        (7)   if it has been intentionally subjected to 
    radiation, unless the use of the radiation was in 
    conformity with a regulation or exemption in effect 
    pursuant to Section 348 of the federal Food, Drug, and 
    Cosmetic Act;
        (8)    if any valuable constituent has been in whole or in 
    part omitted or abstracted therefrom; or if any substance 
    has been substituted, wholly or in part therefor; or if 
    damage or inferiority has been concealed in any manner; or 
    if any substance has been added thereto or mixed or packed 
    therewith so as to increase its bulk or weight, or reduce 
    its quality or strength, or make it appear better or of 
    greater value than it; or
        (9)  if it is margarine containing animal fat and any of 
    the raw material used therein consisted in whole or in part 
    of any filthy, putrid, or decomposed substance. 
    "Adulterated" means any carcass, or part of a
carcass, meat 
or meat food product, or poultry or poultry food product if:


        (1) it bears or contains any poisonous or deleterious

    substance which may render it injurious to health, but if 
    the
substance is not an added substance the article is not

    adulterated under this paragraph if the quantity of such 
    substance
in or on the article does not ordinarily render 
    it injurious to
health;


        (2) it bears or contains, because of the
administering 
    of any substance to the live animal, poultry, or
other food 
    product, any added poisonous or added deleterious 
    substance
other than (A) a pesticide chemical in or on a 
    raw agricultural
commodity or (B) a food additive or a 
    color additive that, in the
judgment of the Director, may 
    make the article unfit for human
food;


        (3) it is, in whole or in part, a raw agricultural

    commodity and the commodity bears or contains a pesticide

    chemical that is unsafe within the meaning of Section 408 
    of the
federal Food, Drug, and Cosmetic Act;


        (4) it bears or contains any food additive that is

    unsafe within the meaning of Section 409 of the federal 
    Food,
Drug, and Cosmetic Act;


        (5) it bears or contains any color additive which is

    unsafe within the meaning of Section 706 of the federal 
    Food,
Drug, and Cosmetic Act, provided that an article that 
    is not
adulterated under paragraph (3), (4), or (5) is 
    nevertheless
adulterated if use of the pesticide chemical, 
    food additive, or
color additive in or on the article is 
    prohibited under Section
13 or 16 of this Act;


        (6) it consists in whole or in part of any filthy,

    putrid, or decomposed substance or is for any reason 
    unsound,
unhealthful, unwholesome, or otherwise unfit for 
    human food;


        (7) it has been prepared, packed, or held under

    unsanitary conditions whereby it may have become 
    contaminated
with filth, or whereby it may have been 
    rendered injurious to
health;


        (8) it is, in whole or in part, the product of an 
    animal
or poultry that has died otherwise than by 
    slaughter;


        (9) its container is composed, in whole or in part, of

    any poisonous or deleterious substance that may render the

    contents injurious to health;


        (10) it has been intentionally subjected to radiation,

    unless the use of the radiation was in conformity with a

    regulation or exemption under Section 409 of the federal 
    Food,
Drug, and Cosmetic Act;


        (11) any valuable constituent has been in whole or in 
    part
omitted or abstracted from the article; any substance 
    has
been substituted, wholly or in part; damage or 
    inferiority has
been concealed in any manner; or any 
    substance has been added,
mixed, or packed with the article 
    to increase its bulk or
weight, to reduce its quality or 
    strength, or to make it appear
better or of greater value 
    than it is; or


        (12) it bears or contains sodium benzoate or benzoic 
    acid
or any combination thereof, except as permitted in 
    accordance
with the federal meat or poultry programs.

    "Amenable" means  foods containing 3% or more raw, or more 
than 2% cooked, red meat or poultry, other edible portions of 
carcass or bird,  or products that historically have been 
considered by customers as products of the meat or poultry 
industry.

    "Animals" means cattle, calves, American bison (buffalo),

catalo, cattalo, sheep, swine, domestic deer, domestic elk,

domestic antelope, domestic reindeer, ratites, water buffalo, 
and
goats. 

    "Capable of use as human food" means the carcass of any

animal or poultry, or part or product of a carcass of any 
animal
or poultry, unless it is denatured to deter its use as 
human food
or it is naturally inedible by humans.

    "Custom processing" means the cutting up, packaging,

wrapping, storing, freezing, smoking, or curing of meat or 
poultry
products as a service by an establishment for the owner 
or the
agent of the owner of the meat or poultry products 
exclusively
for use in the household of the owner and his or 
her nonpaying guests
and employees
or slaughtering with respect 
to live poultry purchased by the consumer at this
establishment 
and processed by a custom plant operator in accordance with the

consumer's instructions.

    "Custom slaughter" means the slaughtering, skinning,

defeathering, eviscerating, cutting up, packaging, or wrapping 
of
animals or poultry as a service by an establishment for the 
owner
or the agent of the owner of the animals or poultry 
exclusively
for use in the household of the owner and his or 
her nonpaying guests
and employees.

    "Department" means the Department of Agriculture of the

State of Illinois.

    "Director" means, unless otherwise provided, the Director 
of
the Department of Agriculture of the State of Illinois or 
his or her
duly appointed representative.

    "Establishment" means all premises where animals,
poultry, 
or both, are slaughtered or otherwise prepared either
for 
custom, resale, or retail for food purposes, meat or poultry

canneries, sausage factories, smoking or curing operations,

restaurants, grocery stores, brokerages, cold storage plants,

processing plants, and similar places.

    "Federal Food, Drug, and Cosmetic Act" means the Act

approved June 25, 1938 (52 Stat. 1040), as now or hereafter

amended.

    "Federal inspection" means the meat and poultry inspection

service conducted by the United States Department of 
Agriculture
by the authority of the Federal Meat Inspection Act 
and the
Federal Poultry Products Inspection Act.

    "Federal Meat Inspection Act" means the Act approved March

4, 1907 (34 Stat. 1260), as now or hereafter amended by the

Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.

    "Illinois inspected and condemned" means that the meat or

poultry product so identified and marked is unhealthful,

unwholesome, adulterated, or otherwise unfit for human food and

shall be disposed of in the manner prescribed by the 
Department.

    "Illinois inspected and passed" means that the meat or

poultry product so stamped and identified has been inspected 
and
passed under the provisions of this Act and the rules and

regulations pertaining thereto at the time of inspection and

identification was found to be sound, clean, wholesome, and

unadulterated.

    "Illinois retained" means that the meat or poultry product

so identified is held for further clinical examination by a

veterinary inspector to determine its disposal.

    "Immediate container" means any consumer package or any

other container in which livestock products or poultry 
products,
not consumer packaged, are packed.

    "Inspector" means any employee of the Department 
authorized
by the Director to inspect animals and poultry or 
meat and
poultry products.

    "Label" means a display of written, printed, or graphic

matter upon any article or the immediate container, not 
including
package liners, of any article.

    "Labeling" means all labels and other written, printed, or

graphic matter (i) upon any article or any of its containers or

wrappers or (ii) accompanying the article.

    "Meat broker", "poultry broker", or "meat and poultry 
broker"
means any person, firm, or corporation engaged in the 
business of
buying, negotiating for purchase of, handling or 
taking
possession of, or selling meat or poultry products on 
commission
or otherwise purchasing or selling of such articles 
other than for
the person's own account in their original

containers without changing the character of the products in 
any
way. A broker shall not possess any processing equipment in 
his
or her licensed facility.

    "Meat food product" means any product capable of use as

human food that is made wholly or in part from any meat or 
other
portion of the carcass of any cattle, sheep, swine, or 
goats,
except products that contain meat or other portions of 
such
carcasses only in a relatively small proportion or 
products that historically
have not been considered by 
consumers as products of the meat
food industry and that are 
exempted from definition as a meat
food product by the Director 
under such conditions as the
Director may prescribe to assure 
that the meat or other portions
of such carcass contained in 
such product are not adulterated and
that such products are not 
represented as meat food products.
This term as applied to food 
products of equines or domestic deer
shall have a meaning 
comparable to that provided in this
definition with respect to 
cattle, sheep, swine, and goats.

    "Misbranded" means any carcass, part thereof, meat or
meat 
food product, or poultry or poultry food product if:


        (1) its labeling is false or misleading in any

    particular;


        (2) it is offered for sale under the name of another

    food;


        (3) it is an imitation of another food, unless its 
    label
bears, in type of uniform size and prominence, the 
    word
"imitation" followed immediately by the name of the 
    food
imitated;


        (4) its container is made, formed, or filled so as to 
    be
misleading;


        (5) it does not bear a label showing (i) the name and 
    place
of business of the manufacturer, packer, or 
    distributor and (ii)
an accurate statement of the quantity 
    of the contents in terms of
weight, measure, or numerical 
    count; however, reasonable
variations in such statement of 
    quantity may be permitted;


        (6) any word, statement, or other information required 
    by
or under authority of this Act to appear on the label or 
    other
labeling is not prominently placed thereon with such

    conspicuousness as compared with other words, statements,

    designs, or devices in the labeling and in such terms as to 
    make
the label likely to be read and understood by the 
    general public
under customary conditions of purchase and 
    use;


        (7) it purports to be or is represented as a food for

    which a definition and standard of identity or composition 
    is
prescribed in Sections 13 and 16 of this Act unless (i) 
    it
conforms to such definition and standard and (ii) its 
    label bears
the name of the food specified in the 
    definition and standard
and, as required by such 
    regulations, the common names of
optional ingredients 
    other than spices and flavoring present in
such food;


        (8) it purports to be or is represented as a food for

    which a standard of fill of container is prescribed in 
    Section 13
of this Act and it falls below the applicable 
    standard of fill
of container applicable thereto, unless 
    its label bears, in such
manner and form as such 
    regulations specify, a statement that it
falls below such 
    standard;


        (9) it is not subject to the provisions of paragraph

    (7), unless its label bears (i) the common or usual name of 
    the
food, if any, and (ii) if it is fabricated from 2 or 
    more
ingredients, the common or usual name of each 
    ingredient, except
that spices and flavorings may, when 
    authorized by standards or
regulations adopted in or as 
    provided by Sections 13 and 16 of
this Act, be designated 
    as spices and flavorings without naming
each;


        (10) it purports to be or is represented for special

    dietary uses, unless its label bears such information 
    concerning
its vitamin, mineral, and other dietary 
    properties as determined
by the Secretary of Agriculture of 
    the United States in order
to fully inform purchasers as to 
    its value for such uses;


        (11) it bears or contains any artificial flavoring,

    artificial coloring, or chemical preservative, unless it 
    bears
labeling stating that fact or is exempt; or


        (12) it fails to bear, directly thereon or on its

    container, the inspection legend and unrestricted by any of 
    the
foregoing provisions, such other information as 
    necessary to
assure that it will not have false or 
    misleading labeling and
that the public will be informed of 
    the manner of handling
required to maintain the article in 
    a wholesome condition.

    "Official establishment" means any establishment as

determined by the Director at which inspection of the slaughter

of livestock or poultry or the preparation of livestock 
products
or poultry products is maintained under the authority 
of this
Act.

    "Official mark of inspection" means the official mark of

inspection used to identify the status of any meat product or

poultry product or animal under this Act as established by 
rule.

    Prior to the manufacture, a complete and accurate

description and design of all the brands, legends, and symbols

shall be submitted to the Director for approval as to 
compliance
with this Act.  Each brand or symbol that bears the 
official
mark shall be delivered into the custody of the 
inspector in
charge of the establishment and shall be used only 
under the
supervision of a Department employee.  When not in 
use, all such
brands and symbols bearing the official mark of 
inspection shall
be secured in a locked locker or compartment, 
the keys of which
shall not leave the possession of Department 
employees.

    "Person" means any individual or entity, including, but not

limited to, a sole proprietorship, partnership, corporation,

cooperative, association, limited liability company,
estate, 
or trust.

    "Pesticide chemical", "food additive", "color additive", 
and
"raw agricultural commodity" have the same meanings for 
purposes
of this Act as under the federal Food, Drug, and 
Cosmetic Act.

    "Poultry" means domesticated birds or rabbits, or both, 
dead
or alive, capable of being used for human food.

    "Poultry products" means the carcasses or parts of 
carcasses
of poultry produced entirely or in substantial part 
from such
poultry, including but not limited to such products 
cooked,
pressed, smoked, dried, pickled, frozen, or similarly 
processed.

    "Poultry Products Inspection Act" means the Act approved 
August
28, 1957 (71 Stat. 441), as now or hereafter amended by 
the
Wholesome Poultry Products Act, approved August 18, 1968 
(82 Stat. 791), as now
or hereafter amended.

    "Poultry Raiser" means any person who raises poultry,

including rabbits, on his or her own farm or premises who does 
not
qualify as a producer as defined under
this Act.

    "Processor" means any person engaged in the business of

preparing food from animals, including poultry, derived wholly 
or in
part from livestock or poultry carcasses or parts or 
products of
such carcasses.

    "Shipping container" means any container used or intended

for use in packaging the product packed in an immediate

container.

    "Slaughterer" means an establishment where any or all of 
the
following may be performed on animals or poultry: (i) 
stunning;
(ii) bleeding; (iii) defeathering, dehairing, or 
skinning; (iv)
eviscerating; or (v) preparing carcasses for 
chilling.

    "State inspection" means the meat and poultry inspection

service conducted by the Department of Agriculture of the State

of Illinois by the authority of this Act.

(Source: P.A. 94-1052, eff. 1-1-07.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.