HB4866sam002 96TH GENERAL ASSEMBLY

Sen. John M. Sullivan

Filed: 4/16/2010

09600HB4866sam002 LRB096 16632 JDS 40040 a

AMENDMENT TO HOUSE BILL 4866

AMENDMENT NO. ______. Amend House Bill 4866 as follows:

on page 6, line 17, immediately after "10," by inserting "14.2,"; and

on page 10, immediately below line 24, by inserting the following:

"(410 ILCS 615/14.2) (from Ch. 56 1/2, par. 55-14.2)

Sec. 14.2. For the purpose of carrying out the provisions of this Act and the rules and regulations promulgated thereunder, the Department through its authorized inspectors or agents is empowered:

(a) To enter on any business day during the usual hours of business, any place or conveyance within the State where eggs are produced, candled, incubated, stored, packed, delivered for shipment, loaded, shipped, transported or sold. ;

(b) To enter on any business day during the usual hours of business, with or without the presence of the owner, manager, or other responsible person, any restaurant kitchen or the kitchen and food storage area of any other public eating place including but not limited to hotels, boarding houses, hospitals, nursing homes, government institutions, or any other business facility or place in which eggs or egg products are stored, prepared, or offered as food for use by its patrons, residents, inmates, or patients. ;

(c) To enter on any business day during the usual hours of business the cooking or food preparation area of any bakery where eggs and egg products are used in the manufacture of bakery products, with or without the presence of the owner or persons employed as bakers, or to enter at any time while those bakery products are being prepared.

(d) To sample any eggs or egg products for analysis or testing. Sample eggs or egg products shall be furnished at no cost to the Department.

(e) To inspect all invoices, eggs and egg products, and the cases and containers for eggs or egg products and the equipment found in the places or conveyances described in paragraph (a) and to seize and hold as evidence an advertisement, sign, placard, invoice, case or container of eggs or egg products, or all or any part of any pack, load, lot, consignment, or shipment of eggs or egg products packed, stored, delivered for shipment, loaded, shipped, transported, or sold in violation of any provision of this Act. Possession of a commodity described in this Section by any person engaged in the sale of that commodity is prima facie evidence that the commodity is for sale.

(f) To seize and hold any case or container of eggs or egg products from any person or business who is not licensed under Section 8 of this Act and is required to be licensed.

Possession of a commodity described in this Section by any person engaged in the sale of that commodity is prima facie evidence that the commodity is for sale.

(Source: P.A. 89-154, eff. 7-19-95.)".