Full Text of HB5131 98th General Assembly
HB5131 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5131 Introduced , by Rep. Jim Durkin - David Reis SYNOPSIS AS INTRODUCED: | | 225 ILCS 650/2 | from Ch. 56 1/2, par. 302 |
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Amends the Meat and Poultry Inspection Act. Makes a technical change in a
Section concerning definitions.
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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 2 as follows:
| 6 | | (225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
| 7 | | Sec. 2. Definitions. As used in this Act:
| 8 | | "Adulterated" means any carcass, or part of a
carcass, meat | 9 | | or meat food product, or poultry or poultry food product if:
| 10 | | (1) it bears or contains any poisonous or deleterious
| 11 | | substance which may render it injurious to health, but if | 12 | | the
the
substance is not an added substance the article is | 13 | | not
adulterated under this paragraph if the quantity of | 14 | | such substance
in or on the article does not ordinarily | 15 | | render it injurious to
health;
| 16 | | (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;
| 23 | | (3) it is, in whole or in part, a raw agricultural
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| 1 | | commodity and the commodity bears or contains a pesticide
| 2 | | chemical that is unsafe within the meaning of Section 408 | 3 | | of the
federal Food, Drug, and Cosmetic Act;
| 4 | | (4) it bears or contains any food additive that is
| 5 | | unsafe within the meaning of Section 409 of the federal | 6 | | Food,
Drug, and Cosmetic Act;
| 7 | | (5) it bears or contains any color additive which is
| 8 | | unsafe within the meaning of Section 706 of the federal | 9 | | Food,
Drug, and Cosmetic Act, provided that an article that | 10 | | is not
adulterated under paragraph (3), (4), or (5) is | 11 | | nevertheless
adulterated if use of the pesticide chemical, | 12 | | food additive, or
color additive in or on the article is | 13 | | prohibited under Section
13 or 16 of this Act;
| 14 | | (6) it consists in whole or in part of any filthy,
| 15 | | putrid, or decomposed substance or is for any reason | 16 | | unsound,
unhealthful, unwholesome, or otherwise unfit for | 17 | | human food;
| 18 | | (7) it has been prepared, packed, or held under
| 19 | | unsanitary conditions whereby it may have become | 20 | | contaminated
with filth, or whereby it may have been | 21 | | rendered injurious to
health;
| 22 | | (8) it is, in whole or in part, the product of an | 23 | | animal
or poultry that has died otherwise than by | 24 | | slaughter;
| 25 | | (9) its container is composed, in whole or in part, of
| 26 | | any poisonous or deleterious substance that may render the
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| 1 | | contents injurious to health;
| 2 | | (10) it has been intentionally subjected to radiation,
| 3 | | unless the use of the radiation was in conformity with a
| 4 | | regulation or exemption under Section 409 of the federal | 5 | | Food,
Drug, and Cosmetic Act;
| 6 | | (11) any valuable constituent has been in whole or in | 7 | | part
omitted or abstracted from the article; any substance | 8 | | has
been substituted, wholly or in part; damage or | 9 | | inferiority has
been concealed in any manner; or any | 10 | | substance has been added,
mixed, or packed with the article | 11 | | to increase its bulk or
weight, to reduce its quality or | 12 | | strength, or to make it appear
better or of greater value | 13 | | than it is; or
| 14 | | (12) it bears or contains sodium benzoate or benzoic | 15 | | acid
or any combination thereof, except as permitted in | 16 | | accordance
with the federal meat or poultry programs.
| 17 | | "Amenable" means foods containing 3% or more raw, or more | 18 | | than 2% cooked, red meat or poultry, other edible portions of | 19 | | carcass or bird, or products that historically have been | 20 | | considered by customers as products of the meat or poultry | 21 | | industry.
| 22 | | "Animals" means cattle, calves, American bison (buffalo),
| 23 | | catalo, cattalo, sheep, swine, domestic deer, domestic elk,
| 24 | | domestic antelope, domestic reindeer, ratites, water buffalo, | 25 | | and
goats.
| 26 | | "Capable of use as human food" means the carcass of any
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| 1 | | animal or poultry, or part or product of a carcass of any | 2 | | animal
or poultry, unless it is denatured to deter its use as | 3 | | human food
or it is naturally inedible by humans.
| 4 | | "Custom processing" means the cutting up, packaging,
| 5 | | wrapping, storing, freezing, smoking, or curing of meat or | 6 | | poultry
products as a service by an establishment for the owner | 7 | | or the
agent of the owner of the meat or poultry products | 8 | | exclusively
for use in the household of the owner and his or | 9 | | her nonpaying guests
and employees
or slaughtering with respect | 10 | | to live poultry purchased by the consumer at this
establishment | 11 | | and processed by a custom plant operator in accordance with the
| 12 | | consumer's instructions.
| 13 | | "Custom slaughter" means the slaughtering, skinning,
| 14 | | defeathering, eviscerating, cutting up, packaging, or wrapping | 15 | | of
animals or poultry as a service by an establishment for the | 16 | | owner
or the agent of the owner of the animals or poultry | 17 | | exclusively
for use in the household of the owner and his or | 18 | | her nonpaying guests
and employees.
| 19 | | "Department" means the Department of Agriculture of the
| 20 | | State of Illinois.
| 21 | | "Director" means, unless otherwise provided, the Director | 22 | | of
the Department of Agriculture of the State of Illinois or | 23 | | his or her
duly appointed representative.
| 24 | | "Establishment" means all premises where animals,
poultry, | 25 | | or both, are slaughtered or otherwise prepared either
for | 26 | | custom, resale, or retail for food purposes, meat or poultry
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| 1 | | canneries, sausage factories, smoking or curing operations,
| 2 | | restaurants, grocery stores, brokerages, cold storage plants,
| 3 | | processing plants, and similar places.
| 4 | | "Federal Food, Drug, and Cosmetic Act" means the Act
| 5 | | approved June 25, 1938 (52 Stat. 1040), as now or hereafter
| 6 | | amended.
| 7 | | "Federal inspection" means the meat and poultry inspection
| 8 | | service conducted by the United States Department of | 9 | | Agriculture
by the authority of the Federal Meat Inspection Act | 10 | | and the
Federal Poultry Products Inspection Act.
| 11 | | "Federal Meat Inspection Act" means the Act approved March
| 12 | | 4, 1907 (34 Stat. 1260), as now or hereafter amended by the
| 13 | | Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
| 14 | | "Illinois inspected and condemned" means that the meat or
| 15 | | poultry product so identified and marked is unhealthful,
| 16 | | unwholesome, adulterated, or otherwise unfit for human food and
| 17 | | shall be disposed of in the manner prescribed by the | 18 | | Department.
| 19 | | "Illinois inspected and passed" means that the meat or
| 20 | | poultry product so stamped and identified has been inspected | 21 | | and
passed under the provisions of this Act and the rules and
| 22 | | regulations pertaining thereto at the time of inspection and
| 23 | | identification was found to be sound, clean, wholesome, and
| 24 | | unadulterated.
| 25 | | "Illinois retained" means that the meat or poultry product
| 26 | | so identified is held for further clinical examination by a
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| 1 | | veterinary inspector to determine its disposal.
| 2 | | "Immediate container" means any consumer package or any
| 3 | | other container in which livestock products or poultry | 4 | | products,
not consumer packaged, are packed.
| 5 | | "Inspector" means any employee of the Department | 6 | | authorized
by the Director to inspect animals and poultry or | 7 | | meat and
poultry products.
| 8 | | "Label" means a display of written, printed, or graphic
| 9 | | matter upon any article or the immediate container, not | 10 | | including
package liners, of any article.
| 11 | | "Labeling" means all labels and other written, printed, or
| 12 | | graphic matter (i) upon any article or any of its containers or
| 13 | | wrappers or (ii) accompanying the article.
| 14 | | "Meat broker", "poultry broker", or "meat and poultry | 15 | | broker"
means any person, firm, or corporation engaged in the | 16 | | business of
buying, negotiating for purchase of, handling or | 17 | | taking
possession of, or selling meat or poultry products on | 18 | | commission
or otherwise purchasing or selling of such articles | 19 | | other than for
the person's own account in their original
| 20 | | containers without changing the character of the products in | 21 | | any
way. A broker shall not possess any processing equipment in | 22 | | his
or her licensed facility.
| 23 | | "Meat food product" means any product capable of use as
| 24 | | human food that is made wholly or in part from any meat or | 25 | | other
portion of the carcass of any cattle, sheep, swine, or | 26 | | goats,
except products that contain meat or other portions of |
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| 1 | | such
carcasses only in a relatively small proportion or | 2 | | products that historically
have not been considered by | 3 | | consumers as products of the meat
food industry and that are | 4 | | exempted from definition as a meat
food product by the Director | 5 | | under such conditions as the
Director may prescribe to assure | 6 | | that the meat or other portions
of such carcass contained in | 7 | | such product are not adulterated and
that such products are not | 8 | | represented as meat food products.
This term as applied to food | 9 | | products of equines or domestic deer
shall have a meaning | 10 | | comparable to that provided in this
definition with respect to | 11 | | cattle, sheep, swine, and goats.
| 12 | | "Misbranded" means any carcass, part thereof, meat or
meat | 13 | | food product, or poultry or poultry food product if:
| 14 | | (1) its labeling is false or misleading in any
| 15 | | particular;
| 16 | | (2) it is offered for sale under the name of another
| 17 | | food;
| 18 | | (3) it is an imitation of another food, unless its | 19 | | label
bears, in type of uniform size and prominence, the | 20 | | word
"imitation" followed immediately by the name of the | 21 | | food
imitated;
| 22 | | (4) its container is made, formed, or filled so as to | 23 | | be
misleading;
| 24 | | (5) it does not bear a label showing (i) the name and | 25 | | place
of business of the manufacturer, packer, or | 26 | | distributor and (ii)
an accurate statement of the quantity |
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| 1 | | of the contents in terms of
weight, measure, or numerical | 2 | | count; however, reasonable
variations in such statement of | 3 | | quantity may be permitted;
| 4 | | (6) any word, statement, or other information required | 5 | | by
or under authority of this Act to appear on the label or | 6 | | other
labeling is not prominently placed thereon with such
| 7 | | conspicuousness as compared with other words, statements,
| 8 | | designs, or devices in the labeling and in such terms as to | 9 | | make
the label likely to be read and understood by the | 10 | | general public
under customary conditions of purchase and | 11 | | use;
| 12 | | (7) it purports to be or is represented as a food for
| 13 | | which a definition and standard of identity or composition | 14 | | is
prescribed in Sections 13 and 16 of this Act unless (i) | 15 | | it
conforms to such definition and standard and (ii) its | 16 | | label bears
the name of the food specified in the | 17 | | definition and standard
and, as required by such | 18 | | regulations, the common names of
optional ingredients | 19 | | other than spices and flavoring present in
such food;
| 20 | | (8) it purports to be or is represented as a food for
| 21 | | which a standard of fill of container is prescribed in | 22 | | Section 13
of this Act and it falls below the applicable | 23 | | standard of fill
of container applicable thereto, unless | 24 | | its label bears, in such
manner and form as such | 25 | | regulations specify, a statement that it
falls below such | 26 | | standard;
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| 1 | | (9) it is not subject to the provisions of paragraph
| 2 | | (7), unless its label bears (i) the common or usual name of | 3 | | the
food, if any, and (ii) if it is fabricated from 2 or | 4 | | more
ingredients, the common or usual name of each | 5 | | ingredient, except
that spices and flavorings may, when | 6 | | authorized by standards or
regulations adopted in or as | 7 | | provided by Sections 13 and 16 of
this Act, be designated | 8 | | as spices and flavorings without naming
each;
| 9 | | (10) it purports to be or is represented for special
| 10 | | dietary uses, unless its label bears such information | 11 | | concerning
its vitamin, mineral, and other dietary | 12 | | properties as determined
by the Secretary of Agriculture of | 13 | | the United States in order
to fully inform purchasers as to | 14 | | its value for such uses;
| 15 | | (11) it bears or contains any artificial flavoring,
| 16 | | artificial coloring, or chemical preservative, unless it | 17 | | bears
labeling stating that fact or is exempt; or
| 18 | | (12) it fails to bear, directly thereon or on its
| 19 | | container, the inspection legend and unrestricted by any of | 20 | | the
foregoing provisions, such other information as | 21 | | necessary to
assure that it will not have false or | 22 | | misleading labeling and
that the public will be informed of | 23 | | the manner of handling
required to maintain the article in | 24 | | a wholesome condition.
| 25 | | "Official establishment" means any establishment as
| 26 | | determined by the Director at which inspection of the slaughter
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| 1 | | of livestock or poultry or the preparation of livestock | 2 | | products
or poultry products is maintained under the authority | 3 | | of this
Act.
| 4 | | "Official mark of inspection" means the official mark of
| 5 | | inspection used to identify the status of any meat product or
| 6 | | poultry product or animal under this Act as established by | 7 | | rule.
| 8 | | Prior to the manufacture, a complete and accurate
| 9 | | description and design of all the brands, legends, and symbols
| 10 | | shall be submitted to the Director for approval as to | 11 | | compliance
with this Act. Each brand or symbol that bears the | 12 | | official
mark shall be delivered into the custody of the | 13 | | inspector in
charge of the establishment and shall be used only | 14 | | under the
supervision of a Department employee. When not in | 15 | | use, all such
brands and symbols bearing the official mark of | 16 | | inspection shall
be secured in a locked locker or compartment, | 17 | | the keys of which
shall not leave the possession of Department | 18 | | employees.
| 19 | | "Person" means any individual or entity, including, but not
| 20 | | limited to, a sole proprietorship, partnership, corporation,
| 21 | | cooperative, association, limited liability company,
estate, | 22 | | or trust.
| 23 | | "Pesticide chemical", "food additive", "color additive", | 24 | | and
"raw agricultural commodity" have the same meanings for | 25 | | purposes
of this Act as under the federal Food, Drug, and | 26 | | Cosmetic Act.
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| 1 | | "Poultry" means domesticated birds or rabbits, or both, | 2 | | dead
or alive, capable of being used for human food.
| 3 | | "Poultry products" means the carcasses or parts of | 4 | | carcasses
of poultry produced entirely or in substantial part | 5 | | from such
poultry, including but not limited to such products | 6 | | cooked,
pressed, smoked, dried, pickled, frozen, or similarly | 7 | | processed.
| 8 | | "Poultry Products Inspection Act" means the Act approved | 9 | | August
28, 1957 (71 Stat. 441), as now or hereafter amended by | 10 | | the
Wholesome Poultry Products Act, approved August 18, 1968 | 11 | | (82 Stat. 791), as now
or hereafter amended.
| 12 | | "Poultry Raiser" means any person who raises poultry,
| 13 | | including rabbits, on his or her own farm or premises who does | 14 | | not
qualify as a producer as defined under
this Act.
| 15 | | "Processor" means any person engaged in the business of
| 16 | | preparing food from animals, including poultry, derived wholly | 17 | | or in
part from livestock or poultry carcasses or parts or | 18 | | products of
such carcasses.
| 19 | | "Shipping container" means any container used or intended
| 20 | | for use in packaging the product packed in an immediate
| 21 | | container.
| 22 | | "Slaughterer" means an establishment where any or all of | 23 | | the
following may be performed on animals or poultry: (i) | 24 | | stunning;
(ii) bleeding; (iii) defeathering, dehairing, or | 25 | | skinning; (iv)
eviscerating; or (v) preparing carcasses for | 26 | | chilling.
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| 1 | | "State inspection" means the meat and poultry inspection
| 2 | | service conducted by the Department of Agriculture of the State
| 3 | | of Illinois by the authority of this Act.
| 4 | | (Source: P.A. 94-1052, eff. 1-1-07.)
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