Illinois General Assembly - Full Text of HB2783
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Full Text of HB2783  98th General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Egg and Egg Products Act is amended
5by changing Sections 9, 16.5, and 16.7 and by adding Sections
616.6 and 16.9 as follows:
7    (410 ILCS 615/9)  (from Ch. 56 1/2, par. 55-9)
8    Sec. 9. Licenses; fees. The Department shall issue a
9license to any person upon receipt and approval of a proper
10application and the required nonrefundable fee. The license fee
11and classification of the license shall be established by rule.
12    A license must be obtained for each separate business
13location and this license shall be posted in a conspicuous
14place at the location for which it was purchased. Licenses are
16    The application for an initial license may be filed at any
17time prior to beginning business as an egg handler. The
18licensing year for an egg license shall be July 1 through June
1930. The egg license shall expire at the end of the licensing
21    A penalty of $50 shall be assessed for any renewal license
22not renewed by July 1 of the year in which the license renewal
23is due. This penalty shall be assessed in addition to the



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1license fee.
2(Source: P.A. 96-1310, eff. 7-27-10.)
3    (410 ILCS 615/16.5)
4    Sec. 16.5. Violations; administrative monetary penalties.
5The Director is authorized to hold administrative hearings to
6determine violations of this Act or the Department's rules and
7regulations adopted under this Act. After finding that a
8violation has occurred, the Director may impose administrative
9monetary penalties as follows:
10        (1) Against a licensee who sells or offers for sale
11    non-inspected frozen, liquid, or dried egg products:
12            (A) $500 for a first violation.
13            (B) $1,000 for a second violation within 2 years
14        after the first violation.
15            (C) $2,000 for a third or subsequent violation
16        within 2 years after the immediately preceding
17        violation.
18        (2) Against a licensee who makes a false, deceptive, or
19    misleading statement, representation, or assertion
20    concerning the quality, size, weight, or condition of, or
21    any other matter relating to advertising and selling, eggs
22    and egg products:
23            (A) $200 for a first violation.
24            (B) $500 for a second violation within 2 years
25        after the first violation.



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1            (C) $1,000 for a third or subsequent violation
2        within 2 years after the immediately preceding
3        violation.
4        (3) Against a licensee who furnishes an invoice,
5    statement, or bill showing a standard of size, standard of
6    quality, representation of freshness, or any other
7    description of eggs or egg products that is false,
8    deceptive, or misleading in any particular:
9            (A) $200 for a first violation.
10            (B) $500 for a second violation within 2 years
11        after the first violation.
12            (C) $1,000 for a third or subsequent violation
13        within 2 years after the immediately preceding
14        violation.
15        (4) Against any person who resists, hinders,
16    obstructs, or in any way interferes with any officer,
17    inspector, or employee of the Department in the discharge
18    of his or her duties under the provisions of this Act,
19    $300.
20        (5) Against any person who buys, sells, trades, or
21    barters eggs in this State without having obtained a
22    license, $300.
23        (6) For all other violations:
24            (A) $200 for a first violation.
25            (B) $400 for a second violation within 2 years
26        after the first violation.



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1            (C) $600 for a third or subsequent violation within
2        2 years after the immediately preceding violation.
3        (7) Against any person who sells or wholesales eggs,
4    who has been notified pursuant to the notification
5    provision in this Section, to any person or business not
6    licensed by the Department who buys, sells, trades, or
7    traffics in eggs in this State:
8            (A) $200 for a first violation.
9            (B) $500 for a second violation within 2 years
10        after the first.
11            (C) $1,000 for a third or subsequent violation
12        within 2 years after the immediately preceding
13        violation.
14    The Department shall notify any person who sells or
15wholesales eggs to any person or business not licensed by the
16Department who buys, sells, trades, or traffics eggs in this
17State that he or she may not sell, trade, or traffic eggs with
18the non-licensed person or business. A copy of the notice shall
19be either served personally or served by registered or
20certified mail on the person who sells or wholesales eggs.
21Proof of service of the notice shall be made by affidavit of
22the person making personal service or by the registered or
23certified mail receipt.
24    A penalty not paid within 60 days after it is due may be
25submitted to the Attorney General's office or an approved
26private collection agency for collection.



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1(Source: P.A. 96-1310, eff. 7-27-10.)
2    (410 ILCS 615/16.6 new)
3    Sec. 16.6. Violations; penalties. Any person knowingly
4violating this Act or any rule or order of the Department
5issued pursuant to this Act shall be guilty of a Class C
6misdemeanor. Each day of violation constitutes a separate
7offense. In the event the person violating this Act or any rule
8or order issued pursuant to the Act is a corporation or
9partnership, any officer, director, manager, or managerial
10agent of the corporation or partnership who violates this Act
11or causes the corporation or partnership to violate this Act is
12guilty of a Class C misdemeanor.
13    (410 ILCS 615/16.7)
14    Sec. 16.7. Suspension and revocation of license.
15    (a) The Director may suspend a license if the Department
16has reason to believe that any one or more of the following has
18        (1) A licensee has made a material misstatement in an
19    application for an original or renewal license under this
20    Act.
21        (2) A licensee has violated this Act or any rules
22    adopted under this Act, and the violation or pattern of
23    violations indicates a danger to public health.
24        (3) A licensee has aided or abetted another in the



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1    violation of this Act or any rule adopted under this Act,
2    and the violation or pattern of violations indicates a
3    danger to public health.
4        (4) A licensee has allowed his or her license to be
5    used by an unlicensed person.
6        (5) A licensee has been convicted of a felony violation
7    of this Act or any crime an essential element of which is
8    misstatement, fraud, or dishonesty.
9        (6) A licensee has made a false, deceptive, or
10    misleading statement, representation, or assertion
11    concerning the quality, size, weight, or condition of, or
12    any other matter relating to advertising and selling of,
13    eggs and egg products.
14        (7) A licensee has failed to possess the necessary
15    qualifications or to meet the requirements of this Act for
16    the issuance or holding of a license.
17        (8) Failure to pay any fine or fee assessed by the
18    Department within 60 days after the date the fine or fee
19    was levied or otherwise due.
20    (b) Within 10 days after suspending a person's license, the
21Department must commence an administrative hearing to
22determine whether to reinstate or revoke the license. After the
23Department schedules the administrative hearing, but no later
24than 5 days before the scheduled hearing date, the Department
25shall serve on the licensee written notice of the date, place,
26and time of the hearing. The Department may serve this notice



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1by personal service on the licensee or by registered or
2certified mail, return receipt requested, to the licensee's
3place of business. After the hearing, the Director shall issue
4an order either reinstating or revoking the license.
5(Source: P.A. 96-1310, eff. 7-27-10.)
6    (410 ILCS 615/16.9 new)
7    Sec. 16.9. Termination of application; forfeiture of
8license fee. Failure of any applicant to meet all of the
9requirements for compliance within 60 days after receipt of a
10license application shall result in termination of the
11application and forfeiture of the license fee.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.