Public Act 098-0345
 
HB2783 EnrolledLRB098 05579 RPM 35617 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Egg and Egg Products Act is amended  
by changing Sections 9, 16.5, and 16.7 and  by adding Sections 
16.6 and 16.9 as follows:
 



    (410 ILCS 615/9)  (from Ch. 56 1/2, par. 55-9)



    Sec. 9. Licenses; fees. The Department shall issue a 
license to any
person upon
receipt and approval of a proper 
application and the required nonrefundable fee.  The
license fee 
and classification of the license shall be established by
rule.

    A license must be obtained for each separate business 
location and
this license shall be posted in a conspicuous 
place at the
location for
which it was purchased. Licenses are 
non-transferable.

    The application for an initial license may be filed at any 
time prior to
beginning business as an egg handler.  The 
licensing year for an egg license
shall be July 1 through June 
30.  The egg license shall expire at the end of
the licensing 
year. 

    A penalty of $50 shall be assessed for any renewal license 
not renewed by July 1 of the year in which the license renewal 
is due. This penalty shall be assessed in addition to the 
license fee. 


(Source: P.A. 96-1310, eff. 7-27-10.)

 



    (410 ILCS 615/16.5)



    Sec. 16.5. Violations; administrative monetary penalties. 
The Director is
authorized to hold administrative hearings to 
determine violations of this Act
or the Department's rules and 
regulations adopted under this Act.  After
finding that a 
violation has occurred, the Director may impose administrative

monetary penalties as follows:


        (1) Against a licensee who sells or offers for sale 
    non-inspected frozen,
liquid, or dried egg products:


            (A) $500 for a first violation.


            (B) $1,000 for a second violation within 2 years 
        after the first
violation.


            (C) $2,000 for a third or subsequent violation 
        within 2 years after the
immediately preceding 
        violation.


        (2) Against a licensee who makes a false, deceptive, or 
    misleading
statement, representation, or assertion 
    concerning the quality, size, weight,
or condition of, or 
    any other matter relating to advertising and selling, eggs

    and egg products:
            (A) $200 for a first violation. 

            (B) $500 for a second violation within 2 years 
        after the first
violation.
            (C) $1,000 for a third or subsequent violation 
        within 2 years after the
immediately preceding 
        violation. 

        (3) Against a licensee who furnishes an invoice, 
    statement, or bill
showing
a standard of size, standard of 
    quality, representation of freshness, or any
other 
    description of eggs or egg products that is false, 
    deceptive, or
misleading in any particular:

            (A) $200 for a first violation. 

            (B) $500 for a second violation within 2 years 
        after the first
violation.
            (C) $1,000 for a third or subsequent violation 
        within 2 years after the
immediately preceding 
        violation. 

        (4) Against any person who resists, hinders, 
    obstructs, or in any way
interferes with any officer, 
    inspector, or employee of the Department in the
discharge 
    of his or her duties under the provisions of this Act, 
    $300.


        (5) Against any person who buys, sells, trades, or 
    barters eggs in this
State without having obtained a 
    license, $300.


        (6) For all other violations:


            (A) $200 for a first violation.


            (B) $400 for a second violation within 2 years 
        after the first
violation.


            (C) $600 for a third or subsequent violation within 
        2 years after the
immediately preceding violation.

        (7) Against any person who sells or wholesales eggs, 
    who has been notified pursuant to the notification 
    provision in this Section, to any person or business not 
    licensed by the Department who buys, sells, trades, or 
    traffics in eggs in this State:
            (A) $200 for a first violation.
            (B) $500 for a second violation within 2 years 
        after the first.
            (C) $1,000 for a third or subsequent violation 
        within 2 years after the immediately preceding 
        violation. 
    The Department shall notify any person who sells or 
wholesales eggs to any person or business not licensed by the 
Department who buys, sells, trades, or traffics eggs in this 
State that he or she may not sell, trade, or traffic eggs with 
the non-licensed person or business.  A copy of the notice shall 
be either served personally or served by registered or 
certified mail on the person who sells or wholesales eggs.  
Proof of service of the notice shall be made by affidavit of 
the person making personal service or by the registered or 
certified mail receipt. 
    A penalty not paid within 60 days after  it is due may be 
submitted  to the Attorney General's office or an approved 
private collection agency for collection. 
(Source: P.A. 96-1310, eff. 7-27-10.)

 
    (410 ILCS 615/16.6 new)
    Sec. 16.6. Violations; penalties. Any person knowingly 
violating this Act or any rule or order of the Department 
issued pursuant to this Act shall be guilty of a Class C 
misdemeanor. Each day of violation constitutes a separate 
offense.
In the event the person violating this Act or any rule 
or order issued pursuant to the Act is a corporation or 
partnership, any officer, director, manager, or managerial 
agent of the corporation or partnership who violates this Act 
or causes the corporation or partnership to violate this Act is 
guilty of a Class C misdemeanor.
 
    (410 ILCS 615/16.7)
    Sec. 16.7. Suspension and revocation of license. 
    (a) The Director may suspend a license if the Department 
has reason to believe that any one or more of the following has 
occurred:
        (1) A licensee  has made a material misstatement in an 
    application for an original or renewal license under this 
    Act.
        (2) A licensee has violated this Act or  any rules 
    adopted under this Act, and the violation or pattern of 
    violations indicates a danger to public health.
        (3) A licensee has aided or abetted another in the 
    violation of this Act or any rule adopted under this Act, 
    and the violation or pattern of violations indicates a 
    danger to public health.
        (4) A licensee has allowed his or her license to be 
    used by an unlicensed person.
        (5) A licensee has been convicted of a felony violation 
    of this Act or any crime an essential element of  which is 
    misstatement, fraud, or dishonesty.
        (6) A licensee has made a false, deceptive, or 
    misleading statement, representation, or assertion 
    concerning the quality, size, weight, or condition of, or 
    any other matter relating to advertising and selling of, 
    eggs and egg products.
        (7) A licensee has failed  to possess the necessary 
    qualifications or to meet the requirements of this Act for 
    the issuance or holding of a license.
        (8) Failure to pay any fine or fee assessed by the 
    Department within 60 days after the date the fine or fee 
    was levied or otherwise due.  
    (b) Within 10 days after  suspending a person's license, the 
Department must commence an administrative hearing  to 
determine whether to reinstate or revoke the license. After the 
Department schedules the administrative hearing, but no later 
than  5 days before the scheduled hearing date, the Department 
shall serve on the licensee  written notice of the date, place, 
and time of the hearing. The Department may serve this notice 
by personal service on the licensee or by registered or 
certified mail, return receipt requested, to the licensee's 
place of business. After the hearing, the Director shall issue 
an order either reinstating or revoking  the license. 

(Source: P.A. 96-1310, eff. 7-27-10.)
 
    (410 ILCS 615/16.9 new)
    Sec. 16.9. Termination of application; forfeiture of 
license fee. Failure of any applicant to meet all of the 
requirements for compliance within 60 days after receipt of a 
license application shall result in termination of the 
application and forfeiture of the license fee.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.