Full Text of SB2841 094th General Assembly
SB2841enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Meat and Poultry Inspection Act is amended | 5 |
| by changing Sections 2, 3, and 5.2 as follows:
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| (225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
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| Sec. 2. Definitions. As used in this Act:
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| "Adulterated" means any carcass, or part of a
carcass, meat | 9 |
| or meat food product, or poultry or poultry food product if:
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| (1) it bears or contains any poisonous or deleterious
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| substance which may render it injurious to health, but if | 12 |
| the
substance is not an added substance the article is not
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| adulterated under this paragraph if the quantity of such | 14 |
| substance
in or on the article does not ordinarily render | 15 |
| it injurious to
health;
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| (2) it bears or contains, because of the
administering | 17 |
| of any substance to the live animal, poultry, or
other food | 18 |
| product, any added poisonous or added deleterious | 19 |
| substance
other than (A) a pesticide chemical in or on a | 20 |
| raw agricultural
commodity or (B) a food additive or a | 21 |
| color additive that, in the
judgment of the Director, may | 22 |
| make the article unfit for human
food;
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| (3) it is, in whole or in part, a raw agricultural
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| commodity and the commodity bears or contains a pesticide
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| chemical that is unsafe within the meaning of Section 408 | 26 |
| of the
federal Food, Drug, and Cosmetic Act;
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| (4) it bears or contains any food additive that is
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| unsafe within the meaning of Section 409 of the federal | 29 |
| Food,
Drug, and Cosmetic Act;
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| (5) it bears or contains any color additive which is
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| unsafe within the meaning of Section 706 of the federal | 32 |
| Food,
Drug, and Cosmetic Act, provided that an article that |
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| is not
adulterated under paragraph (3), (4), or (5) is | 2 |
| nevertheless
adulterated if use of the pesticide chemical, | 3 |
| food additive, or
color additive in or on the article is | 4 |
| prohibited under Section
13 or 16 of this Act;
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| (6) it consists in whole or in part of any filthy,
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| putrid, or decomposed substance or is for any reason | 7 |
| unsound,
unhealthful, unwholesome, or otherwise unfit for | 8 |
| human food;
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| (7) it has been prepared, packed, or held under
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| unsanitary conditions whereby it may have become | 11 |
| contaminated
with filth, or whereby it may have been | 12 |
| rendered injurious to
health;
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| (8) it is, in whole or in part, the product of an | 14 |
| animal
or poultry that has died otherwise than by | 15 |
| slaughter;
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| (9) its container is composed, in whole or in part, of
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| any poisonous or deleterious substance that may render the
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| contents injurious to health;
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| (10) it has been intentionally subjected to radiation,
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| unless the use of the radiation was in conformity with a
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| regulation or exemption under Section 409 of the federal | 22 |
| Food,
Drug, and Cosmetic Act;
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| (11) any valuable constituent has been in whole or in | 24 |
| part
omitted or abstracted from the article; any substance | 25 |
| has
been substituted, wholly or in part; damage or | 26 |
| inferiority has
been concealed in any manner; or any | 27 |
| substance has been added,
mixed, or packed with the article | 28 |
| to increase its bulk or
weight, to reduce its quality or | 29 |
| strength, or to make it appear
better or of greater value | 30 |
| than it is; or
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| (12) it bears or contains sodium benzoate or benzoic | 32 |
| acid
or any combination thereof, except as permitted in | 33 |
| accordance
with the federal meat or poultry programs.
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| "Amenable" means foods containing 3% or more raw, or more | 35 |
| than 2% cooked, red meat or poultry, other edible portions of | 36 |
| carcass or bird, or products that historically have been |
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| considered by customers as products of the meat or poultry | 2 |
| industry.
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| "Animals" means cattle, calves, American bison (buffalo),
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| catalo, cattalo, sheep, swine, domestic deer, domestic elk,
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| domestic antelope, domestic reindeer, ratites, water buffalo, | 6 |
| and
goats.
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| "Capable of use as human food" means the carcass of any
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| animal or poultry, or part or product of a carcass of any | 9 |
| animal
or poultry, unless it is denatured to deter its use as | 10 |
| human food
or it is naturally inedible by humans.
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| "Custom processing" means the cutting up, packaging,
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| wrapping, storing, freezing, smoking, or curing of meat or | 13 |
| poultry
products as a service by an establishment for the owner | 14 |
| or the
agent of the owner of the meat or poultry products | 15 |
| exclusively
for use in the household of the owner and his or | 16 |
| her nonpaying guests
and employees
or slaughtering with respect | 17 |
| to live poultry purchased by the consumer at this
establishment | 18 |
| and processed by a custom plant operator in accordance with the
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| consumer's instructions.
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| "Custom slaughter" means the slaughtering, skinning,
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| defeathering, eviscerating, cutting up, packaging, or wrapping | 22 |
| of
animals or poultry as a service by an establishment for the | 23 |
| owner
or the agent of the owner of the animals or poultry | 24 |
| exclusively
for use in the household of the owner and his or | 25 |
| her nonpaying guests
and employees.
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| "Department" means the Department of Agriculture of the
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| State of Illinois.
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| "Director" means, unless otherwise provided, the Director | 29 |
| of
the Department of Agriculture of the State of Illinois or | 30 |
| his or her
duly appointed representative.
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| "Establishment" means all premises where animals,
poultry, | 32 |
| or both, are slaughtered or otherwise prepared either
for | 33 |
| custom, resale, or retail for food purposes, meat or poultry
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| canneries, sausage factories, smoking or curing operations,
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| restaurants, grocery stores, brokerages, cold storage plants,
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| processing plants, and similar places.
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| "Federal Food, Drug, and Cosmetic Act" means the Act
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| approved June 25, 1938 (52 Stat. 1040), as now or hereafter
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| amended.
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| "Federal inspection" means the meat and poultry inspection
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| service conducted by the United States Department of | 6 |
| Agriculture
by the authority of the Federal Meat Inspection Act | 7 |
| and the
Federal Poultry Products Inspection Act.
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| "Federal Meat Inspection Act" means the Act approved March
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| 4, 1907 (34 Stat. 1260), as now or hereafter amended by the
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| Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
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| "Illinois inspected and condemned" means that the meat or
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| poultry product so identified and marked is unhealthful,
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| unwholesome, adulterated, or otherwise unfit for human food and
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| shall be disposed of in the manner prescribed by the | 15 |
| Department.
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| "Illinois inspected and passed" means that the meat or
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| poultry product so stamped and identified has been inspected | 18 |
| and
passed under the provisions of this Act and the rules and
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| regulations pertaining thereto at the time of inspection and
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| identification was found to be sound, clean, wholesome, and
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| unadulterated.
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| "Illinois retained" means that the meat or poultry product
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| so identified is held for further clinical examination by a
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| veterinary inspector to determine its disposal.
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| "Immediate container" means any consumer package or any
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| other container in which livestock products or poultry | 27 |
| products,
not consumer packaged, are packed.
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| "Inspector" means any employee of the Department | 29 |
| authorized
by the Director to inspect animals and poultry or | 30 |
| meat and
poultry products.
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| "Label" means a display of written, printed, or graphic
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| matter upon any article or the immediate container, not | 33 |
| including
package liners, of any article.
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| "Labeling" means all labels and other written, printed, or
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| graphic matter (i) upon any article or any of its containers or
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| wrappers or (ii) accompanying the article.
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| "Meat broker", "poultry broker", or "meat and poultry | 2 |
| broker"
means any person, firm, or corporation engaged in the | 3 |
| business of
buying, negotiating for purchase of, handling or | 4 |
| taking
possession of, or selling meat or poultry products on | 5 |
| commission
or otherwise purchasing or selling of such articles | 6 |
| other than for
the person's own account in their original
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| containers without changing the character of the products in | 8 |
| any
way. A broker shall not possess any processing equipment in | 9 |
| his
or her licensed facility.
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| "Meat food product" means any product capable of use as
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| human food that is made wholly or in part from any meat or | 12 |
| other
portion of the carcass of any cattle, sheep, swine, or | 13 |
| goats,
except products that contain meat or other portions of | 14 |
| such
carcasses only in a relatively small proportion or | 15 |
| products that historically
have not been considered by | 16 |
| consumers as products of the meat
food industry and that are | 17 |
| exempted from definition as a meat
food product by the Director | 18 |
| under such conditions as the
Director may prescribe to assure | 19 |
| that the meat or other portions
of such carcass contained in | 20 |
| such product are not adulterated and
that such products are not | 21 |
| represented as meat food products.
This term as applied to food | 22 |
| products of equines or domestic deer
shall have a meaning | 23 |
| comparable to that provided in this
definition with respect to | 24 |
| cattle, sheep, swine, and goats.
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| "Misbranded" means any carcass, part thereof, meat or
meat | 26 |
| food product, or poultry or poultry food product if:
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| (1) its labeling is false or misleading in any
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| particular;
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| (2) it is offered for sale under the name of another
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| food;
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| (3) it is an imitation of another food, unless its | 32 |
| label
bears, in type of uniform size and prominence, the | 33 |
| word
"imitation" followed immediately by the name of the | 34 |
| food
imitated;
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| (4) its container is made, formed, or filled so as to | 36 |
| be
misleading;
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| (5) it does not bear a label showing (i) the name and | 2 |
| place
of business of the manufacturer, packer, or | 3 |
| distributor and (ii)
an accurate statement of the quantity | 4 |
| of the contents in terms of
weight, measure, or numerical | 5 |
| count; however, reasonable
variations in such statement of | 6 |
| quantity may be permitted;
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| (6) any word, statement, or other information required | 8 |
| by
or under authority of this Act to appear on the label or | 9 |
| other
labeling is not prominently placed thereon with such
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| conspicuousness as compared with other words, statements,
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| designs, or devices in the labeling and in such terms as to | 12 |
| make
the label likely to be read and understood by the | 13 |
| general public
under customary conditions of purchase and | 14 |
| use;
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| (7) it purports to be or is represented as a food for
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| which a definition and standard of identity or composition | 17 |
| is
prescribed in Sections 13 and 16 of this Act unless (i) | 18 |
| it
conforms to such definition and standard and (ii) its | 19 |
| label bears
the name of the food specified in the | 20 |
| definition and standard
and, as required by such | 21 |
| regulations, the common names of
optional ingredients | 22 |
| other than spices and flavoring present in
such food;
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| (8) it purports to be or is represented as a food for
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| which a standard of fill of container is prescribed in | 25 |
| Section 13
of this Act and it falls below the applicable | 26 |
| standard of fill
of container applicable thereto, unless | 27 |
| its label bears, in such
manner and form as such | 28 |
| regulations specify, a statement that it
falls below such | 29 |
| standard;
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| (9) it is not subject to the provisions of paragraph
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| (7), unless its label bears (i) the common or usual name of | 32 |
| the
food, if any, and (ii) if it is fabricated from 2 or | 33 |
| more
ingredients, the common or usual name of each | 34 |
| ingredient, except
that spices and flavorings may, when | 35 |
| authorized by standards or
regulations adopted in or as | 36 |
| provided by Sections 13 and 16 of
this Act, be designated |
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| as spices and flavorings without naming
each;
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| (10) it purports to be or is represented for special
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| dietary uses, unless its label bears such information | 4 |
| concerning
its vitamin, mineral, and other dietary | 5 |
| properties as determined
by the Secretary of Agriculture of | 6 |
| the United States in order
to fully inform purchasers as to | 7 |
| its value for such uses;
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| (11) it bears or contains any artificial flavoring,
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| artificial coloring, or chemical preservative, unless it | 10 |
| bears
labeling stating that fact or is exempt; or
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| (12) it fails to bear, directly thereon or on its
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| container, the inspection legend and unrestricted by any of | 13 |
| the
foregoing provisions, such other information as | 14 |
| necessary to
assure that it will not have false or | 15 |
| misleading labeling and
that the public will be informed of | 16 |
| the manner of handling
required to maintain the article in | 17 |
| a wholesome condition.
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| "Official establishment" means any establishment as
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| determined by the Director at which inspection of the slaughter
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| of livestock or poultry or the preparation of livestock | 21 |
| products
or poultry products is maintained under the authority | 22 |
| of this
Act.
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| "Official mark of inspection" means the official mark of
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| inspection used to identify the status of any meat product or
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| poultry product or animal under this Act as established by | 26 |
| rule.
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| Prior to the manufacture, a complete and accurate
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| description and design of all the brands, legends, and symbols
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| shall be submitted to the Director for approval as to | 30 |
| compliance
with this Act. Each brand or symbol that bears the | 31 |
| official
mark shall be delivered into the custody of the | 32 |
| inspector in
charge of the establishment and shall be used only | 33 |
| under the
supervision of a Department employee. When not in | 34 |
| use, all such
brands and symbols bearing the official mark of | 35 |
| inspection shall
be secured in a locked locker or compartment, | 36 |
| the keys of which
shall not leave the possession of Department |
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| employees.
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| "Person" means any individual or entity, including, but not
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| limited to, a sole proprietorship, partnership, corporation,
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| cooperative, association, limited liability company,
estate, | 5 |
| or trust.
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| "Pesticide chemical", "food additive", "color additive", | 7 |
| and
"raw agricultural commodity" have the same meanings for | 8 |
| purposes
of this Act as under the federal Food, Drug, and | 9 |
| Cosmetic Act.
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| "Poultry" means domesticated birds or rabbits, or both, | 11 |
| dead
or alive, capable of being used for human food.
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| "Poultry products" means the carcasses or parts of | 13 |
| carcasses
of poultry produced entirely or in substantial part | 14 |
| from such
poultry, including but not limited to such products | 15 |
| cooked,
pressed, smoked, dried, pickled, frozen, or similarly | 16 |
| processed.
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| "Poultry Products Inspection Act" means the Act approved | 18 |
| August
28, 1957 (71 Stat. 441), as now or hereafter amended by | 19 |
| the
Wholesome Poultry Products Act, approved August 18, 1968 | 20 |
| (82 Stat. 791), as now
or hereafter amended.
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| "Poultry Raiser" means any person who raises poultry,
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| including rabbits, on his or her own farm or premises who does | 23 |
| not
qualify as a producer as defined under
this Act.
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| "Processor" means any person engaged in the business of
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| preparing animal food from animals , including poultry, derived | 26 |
| wholly or in
part from livestock or poultry carcasses or parts | 27 |
| or products of
such carcasses.
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| "Shipping container" means any container used or intended
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| for use in packaging the product packed in an immediate
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| container.
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| "Slaughterer" means an establishment where any or all of | 32 |
| the
following may be performed on animals or poultry: (i) | 33 |
| stunning;
(ii) bleeding; (iii) defeathering, dehairing, or | 34 |
| skinning; (iv)
eviscerating; or (v) preparing carcasses for | 35 |
| chilling.
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| "State inspection" means the meat and poultry inspection
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| service conducted by the Department of Agriculture of the State
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| of Illinois by the authority of this Act.
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| (Source: P.A. 91-170, eff. 1-1-00.)
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| (225 ILCS 650/3) (from Ch. 56 1/2, par. 303)
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| Sec. 3. Licenses.
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| (a) No person shall operate an establishment as
defined in | 7 |
| Section 2 or act as a broker as defined in Section 2
without | 8 |
| first securing a license from the Department except as | 9 |
| otherwise
exempted.
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| (b) The following annual fees shall accompany each license | 11 |
| application
for the license year from July 1 to June 30 or any | 12 |
| part thereof. These
fees are non-refundable.
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| Meatbroker, Poultry broker or Meat and Poultry | 14 |
| broker ..............................................$50
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| Type I Establishment - Processor, Slaughterer, or | 16 |
| Processor and
Slaughterer
of Meat, Poultry or Meat and | 17 |
| Poultry .................................................$50
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| Type II Establishment - Processor, Slaughterer, or | 19 |
| Processor and
Slaughterer
of Meat, Poultry or Meat and | 20 |
| Poultry .................................................$50
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| Application for licenses shall be made to the Department in | 22 |
| writing on
forms prescribed by the Department.
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| (c) The license issued shall be in such form as the | 24 |
| Department
prescribes, shall be under the seal of the | 25 |
| Department and shall contain
the name of the licensee, the | 26 |
| location for which the license is issued,
the type of | 27 |
| operation, the period of the license, and such other
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| information as the Department requires. The original license or | 29 |
| a
certified copy of it shall be conspicuously displayed by the | 30 |
| licensee in
the establishment.
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| (d) Failure to meet all of the conditions to retain a | 32 |
| license may result
in a denial of a renewal of a license. The | 33 |
| licensee may request an
administrative hearing to dispute the | 34 |
| denial of renewal, after which the
Director shall enter an | 35 |
| order either renewing or refusing to renew the license.
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| (e) A penalty of $50 shall be assessed if renewal license | 2 |
| applications are
not received by July 1 of each year and | 3 |
| establishment operations shall be discontinued until payment | 4 |
| is received in full .
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| (Source: P.A. 90-655, eff. 7-30-98; 91-170, eff. 1-1-00 .)
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| (225 ILCS 650/5.2)
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| Sec. 5.2. Type II licenses.
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| (a) Type II establishments licensed
under this Act for | 9 |
| custom slaughtering and custom processing
shall:
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| (1) Be permitted to receive, for processing, meat | 11 |
| products
and poultry products from animals and poultry | 12 |
| slaughtered by the
owner or for the owner for his or her | 13 |
| own personal use or for use by
his or her household.
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| (2) Be permitted to receive live animals and poultry
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| presented by the owner to be slaughtered and processed for | 16 |
| the
owner's own personal use or for use by his or her | 17 |
| household.
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| (3) Be permitted to receive, for processing, inspected | 19 |
| meat
products and inspected poultry products for the | 20 |
| owner's own
personal use or for use by his or her | 21 |
| household.
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| (4) Stamp the words "NOT FOR SALE -NOT INSPECTED " in | 23 |
| letters at least 3/8
inches in height on all carcasses of | 24 |
| animals and immediate poultry product
containers for | 25 |
| poultry
slaughtered in such establishment and on all meat | 26 |
| products and
immediate poultry product containers for | 27 |
| poultry products processed in that
establishment.
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| (5) Conspicuously display a license issued by the | 29 |
| Department
and bearing the words "NO SALES PERMITTED".
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| (6) Keep a record of the name and address of the owner | 31 |
| of
each carcass or portion thereof received in such | 32 |
| licensed
establishment, the date received, and the dressed | 33 |
| weight. Such
records shall be maintained for at least one | 34 |
| year and shall be
available, during reasonable hours, for | 35 |
| inspection by Department
personnel.
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| (b) No custom slaughterer or custom processor shall engage
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| in the business of buying or selling any poultry or meat | 3 |
| products
capable of use as human food, or slaughter of any | 4 |
| animals or
poultry intended for sale.
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| (Source: P.A. 91-170, eff. 1-1-00.)
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