Full Text of HB2458 101st General Assembly
HB2458 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2458 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED: |
| 225 ILCS 650/13 | from Ch. 56 1/2, par. 313 |
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Amends the Meat and Poultry Inspection Act. Provides that a processor or establishment may affix a label to meat or a meat food product or poultry or a poultry food product that states that the meat or poultry was Illinois-raised if that meat or poultry was raised in Illinois.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Meat and Poultry Inspection Act is amended | 5 | | by changing Section 13 as follows:
| 6 | | (225 ILCS 650/13) (from Ch. 56 1/2, par. 313)
| 7 | | Sec. 13. Official inspection legend, marking and labeling.
| 8 | | (a) It is unlawful for any person except employees of the | 9 | | United States
Department of Agriculture, the Department or an | 10 | | authorized municipal
inspection department to possess, use, or | 11 | | keep an inspection stamp, mark,
or brand provided or used for | 12 | | stamping, marking, branding, or otherwise
identifying | 13 | | carcasses of meat or poultry products, or to possess, use or
| 14 | | keep any stamp, mark or brand having thereon a device, words, | 15 | | or insignia
the same or similar in character or import to the | 16 | | stamps, marks, or brands
provided or used by the United States | 17 | | Department of Agriculture, the State
Department of Agriculture | 18 | | or any approved municipal inspection department
for stamping, | 19 | | marking, branding or otherwise identifying the carcasses of
| 20 | | meat or poultry or meat and poultry products or parts thereof | 21 | | intended for
human food.
| 22 | | (b) When any meat or meat food product which has been | 23 | | inspected as
provided in this Act and marked "Illinois |
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| 1 | | Inspected and Passed" is placed
or packed in an immediate | 2 | | container in
any establishment where inspection under this Act | 3 | | is maintained, the
person, firm, or corporation preparing the | 4 | | product shall
attach a label as required to the immediate | 5 | | container under supervision of an inspector. The label shall | 6 | | state that the
contents have been "Illinois Inspected and | 7 | | Passed" under this Act,
and no inspection and examination of | 8 | | meat or meat food products or poultry
or poultry food products | 9 | | deposited or enclosed in an immediate container in any | 10 | | establishment where inspection under
this Act is maintained is | 11 | | complete until the meat or meat food
products or poultry or | 12 | | poultry food products have been sealed or enclosed
in
an | 13 | | immediate container
under the supervision of an inspector.
At | 14 | | minimum, all amenable products derived from inspected meat, | 15 | | meat food
products, poultry, or poultry food products shall | 16 | | bear a mark with an
establishment name, owner/customer name, | 17 | | and handling statement.
| 18 | | (c) All carcasses, parts of carcasses, meat, meat food | 19 | | products,
poultry, or poultry food products inspected at any | 20 | | establishment under the
authority of this Act and found to be | 21 | | not adulterated shall at the time
they leave the establishment | 22 | | bear in distinctly legible form, directly
thereon or on their | 23 | | containers, as the Director may require, the
information | 24 | | required under Section 2.20 of this Act.
| 25 | | (d) The styles and sizes of
type to be used with respect to | 26 | | material required to be incorporated in
labeling to avoid |
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| 1 | | misbranding, false or misleading labeling of any articles
| 2 | | subject to this Act, definitions and standards of identity or
| 3 | | composition for articles subject to this Act, and standards of | 4 | | fill of
containers for the articles shall be the standards as | 5 | | established
under the Federal Food, Drug, and Cosmetic Act or | 6 | | the Federal Meat Inspection
Act.
| 7 | | (e) No article subject to this Act shall be sold or offered | 8 | | for sale by
any person, firm, or corporation under any name or | 9 | | other marking or
labeling which is false or misleading, or in | 10 | | any container of a misleading
form or size. Established product | 11 | | names and other marking and labeling and
containers which are | 12 | | not false or misleading and which are approved by the
Director | 13 | | are permitted.
| 14 | | (f) If the Director has reason to believe that any marking | 15 | | or labeling
or the size or form of any container in use or | 16 | | proposed for use with
respect to any article subject to this | 17 | | Act is false or misleading in any
particular, he may direct | 18 | | that the use be withheld unless the
marking, labeling, or | 19 | | container is modified in a manner as he may
prescribe so that | 20 | | it will not be false or misleading. If the person, firm,
or | 21 | | corporation using or proposing to use the marking, labeling, or
| 22 | | container does not accept the determination of the Director, | 23 | | the person,
firm, or corporation may request a hearing, but the | 24 | | use of
the marking, labeling, or container shall, if the | 25 | | Director so directs, be
withheld pending hearing and final | 26 | | determination by the Director. Any
determination by the |
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| 1 | | Director shall be conclusive unless within 30 days
after | 2 | | receipt of notice of the final
determination, the person, firm, | 3 | | or corporation adversely affected appeals
to the appropriate | 4 | | authority.
| 5 | | (g) No person, firm, or corporation shall advertise for | 6 | | sale, solicit,
offer to sell or sell meats or frozen foods | 7 | | intended for storage in locker
boxes, home freezers or freezer | 8 | | units by newspapers, handbills, placards,
radio, television or | 9 | | other medium unless the advertising is truthful and
accurate. | 10 | | The advertising shall not be misleading or deceiving in respect
| 11 | | to grade, quality, quantity, price per pound or piece, or in | 12 | | any other
manner. For grade determination of meats, the grades | 13 | | shall conform with
United States Department of Agriculture | 14 | | standards for designating meat
grades and the standards of this | 15 | | Act.
| 16 | | No person advertising, offering for sale or selling any | 17 | | carcasses or parts
thereof or food plan shall engage in any | 18 | | misleading or deceptive practices
and particularly including, | 19 | | but not limited to, the following:
| 20 | | (1) Bait selling.
| 21 | | (A) Disparage or degrade any product advertised or
| 22 | | offered for sale by the seller, or display any product | 23 | | or depiction thereof
to any buyer in order to induce | 24 | | the purchase of another product, or
represent that a | 25 | | product is for sale when the representation
is used | 26 | | primarily to sell another product.
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| 1 | | (B) Substitute any product for that ordered by the
| 2 | | buyer without the buyer's consent.
| 3 | | (C) Fail to have available a sufficient quantity of | 4 | | any
product represented as being for sale to meet | 5 | | reasonably anticipated demands.
| 6 | | (2) Price representation.
| 7 | | (A) Use any price list related to the seller's food
| 8 | | plan that contains prices other than the seller's | 9 | | current billing prices.
| 10 | | (B) Misrepresent the amount of money that the buyer
| 11 | | will save on purchases of any products that are not of | 12 | | the
same grade or quality.
| 13 | | (C) Fail to disclose fully and conspicuously in at
| 14 | | least 10 point type any charge for cutting, wrapping, | 15 | | freezing,
delivery or other services.
| 16 | | (D) Represent the price of any meat product to be
| 17 | | offered for sale in bundles in units larger than one | 18 | | pound in terms other
than price per single pound for | 19 | | meat products in at least 10 point type
except when the | 20 | | advertisement or offer for sale pertains to containers | 21 | | of
meat products weighing 15 pounds or less.
| 22 | | (3) Product representation.
| 23 | | (A) Misrepresent the cut, grade, brand or trade | 24 | | name,
or weight or measure of any product.
| 25 | | (B) Use the abbreviation "U.S." in describing a | 26 | | product
not graded by the United States Department of |
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| 1 | | Agriculture, except that
product may be described as | 2 | | "U.S. Inspected" when true.
| 3 | | (C) Misrepresent a product through the use of any | 4 | | term
similar to a government grade.
| 5 | | (D) (Blank).
| 6 | | (E) Advertise or offer for sale any combinations of
| 7 | | parts of carcasses with one unit price, except when the | 8 | | advertisement or
offer for sale pertains to | 9 | | combinations consisting only of poultry or poultry
| 10 | | products.
| 11 | | (F) Fail to disclose fully and conspicuously the | 12 | | correct
government
grade for any product if the product | 13 | | is represented as having been graded.
| 14 | | (G) Fail to disclose fully and conspicuously that | 15 | | the yield
of
consumable meat from any carcass or part | 16 | | of a carcass will be less than the
weight of the | 17 | | carcass or part thereof. The seller shall, for each | 18 | | carcass or
part of carcass advertised, use separately | 19 | | and distinctly (in at least 10 point
type) the | 20 | | following disclosure: "Sold hanging weight subject to | 21 | | cutting loss".
| 22 | | (H) Misrepresent the amount or proportion of | 23 | | retail cuts
that a carcass
or part of carcass will | 24 | | yield.
| 25 | | (I) (Blank).
| 26 | | (J) Fail to disclose fully and conspicuously |
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| 1 | | whether
a
quarter of a carcass is the front or hind | 2 | | quarter, and "quarters" or
"sides" or "halves" must | 3 | | consist of only anatomically natural proportions
of | 4 | | cuts from front or hind quarters. A "pre-trimmed side",
| 5 | | "packer-trimmed side" or similar term describing part | 6 | | of a carcass shall
not be represented as a side or | 7 | | quarter of beef, and the
descriptions shall not be used | 8 | | for comparison to induce the sale of the
product.
| 9 | | (K) Represent any part of a carcass as a "half" or
| 10 | | "side" unless it consists exclusively of a front and | 11 | | hind quarter. Both
quarters must be from the same side | 12 | | of the same animal unless the seller
discloses fully | 13 | | and conspicuously that they are from different sides or
| 14 | | different animals as the case may be. Each quarter | 15 | | shall be of the same
grade or quality as the other | 16 | | quarters comprising the half or side and the
seller | 17 | | shall advise the buyer of the weight of each quarter | 18 | | prior to sale.
In selling quarters individually or as | 19 | | part of a half or side, if actual
weights are not known | 20 | | or cannot be determined prior to sale, approximate
| 21 | | weights may be used, provided the buyer is informed | 22 | | that the weights are
approximate, the weights are so | 23 | | identified on any purchase order or
contract, and the | 24 | | seller agrees with the buyer, in writing, to make a | 25 | | cash
refund or grant a credit on delivery for the | 26 | | difference between actual
weight and the approximate |
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| 1 | | weight on which the sale was made.
| 2 | | (L) Use the words, "bundle", "sample order", | 3 | | "split
side", or words of similar import to describe a | 4 | | quantity of meat or poultry
unless the seller itemizes | 5 | | each cut and the weight thereof which the buyer
will | 6 | | receive.
| 7 | | (M) Advertise or offer free, bonus, extra product, | 8 | | or
service combined
with or conditioned on the purchase | 9 | | of any other product or service unless the
additional | 10 | | product or service is accurately described including, | 11 | | whenever
applicable, grade, net weight or measure, | 12 | | type, and brand or trade name. The
words "free", | 13 | | "bonus", or other words of similar import shall not be | 14 | | used in
any advertisement unless the advertisement | 15 | | clearly and conspicuously sets forth
the total price or | 16 | | amount that must be paid to entitle the buyer to the
| 17 | | additional product or service.
| 18 | | (N) Misrepresent the breed, origin, or diet of | 19 | | slaughtered
animals or
parts thereof offered for sale. | 20 | | Sellers making these claims shall have written
records | 21 | | available to substantiate the fact.
| 22 | | (h) A processor or establishment may affix a label to meat | 23 | | or a meat food product or poultry or a poultry food product | 24 | | that states that the meat or poultry was Illinois-raised if | 25 | | that meat or poultry was raised in Illinois. | 26 | | (Source: P.A. 91-170, eff. 1-1-00 .)
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