Illinois General Assembly - Full Text of HB3690
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Full Text of HB3690  93rd General Assembly

HB3690 93rd General Assembly


                                     LRB093 09617 AMC 09855 b

 1        AN ACT concerning professional 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
 5    amended by changing Section 2 as follows:

 6        (225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
 7        Sec. 2. Definitions Definitions. As used in this Act:
 8        "Adulterated"  means  any  carcass, or part of a carcass,
 9    meat or meat food product, or poultry or poultry food product
10    if:
11             (1)  it  bears  or   contains   any   poisonous   or
12        deleterious  substance  which  may render it injurious to
13        health, but if the substance is not  an  added  substance
14        the  article  is  not adulterated under this paragraph if
15        the quantity of such substance in or on the article  does
16        not ordinarily render it injurious to health;
17             (2)  it   bears   or   contains,   because   of  the
18        administering  of  any  substance  to  the  live  animal,
19        poultry, or other food product, any  added  poisonous  or
20        added  deleterious  substance  other than (A) a pesticide
21        chemical in or on a raw agricultural commodity or  (B)  a
22        food  additive  or a color additive that, in the judgment
23        of the Director, may make the  article  unfit  for  human
24        food;
25             (3)  it  is, in whole or in part, a raw agricultural
26        commodity and the commodity bears or contains a pesticide
27        chemical that is unsafe within the meaning of Section 408
28        of the federal Food, Drug, and Cosmetic Act;
29             (4)  it bears or contains any food additive that  is
30        unsafe  within  the meaning of Section 409 of the federal
31        Food, Drug, and Cosmetic Act;
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 1             (5)  it bears or contains any color  additive  which
 2        is  unsafe  within  the  meaning  of  Section  706 of the
 3        federal Food, Drug, and Cosmetic Act,  provided  that  an
 4        article that is not adulterated under paragraph (3), (4),
 5        or   (5)  is  nevertheless  adulterated  if  use  of  the
 6        pesticide chemical, food additive, or color  additive  in
 7        or on the article is prohibited under Section 13 or 16 of
 8        this Act;
 9             (6)  it  consists in whole or in part of any filthy,
10        putrid, or decomposed substance  or  is  for  any  reason
11        unsound, unhealthful, unwholesome, or otherwise unfit for
12        human food;
13             (7)  it  has  been  prepared,  packed, or held under
14        unsanitary  conditions  whereby  it   may   have   become
15        contaminated  with  filth,  or  whereby  it may have been
16        rendered injurious to health;
17             (8)  it is, in whole or in part, the product  of  an
18        animal  or  poultry  that  has  died  otherwise  than  by
19        slaughter;
20             (9)  its container is composed, in whole or in part,
21        of any poisonous or deleterious substance that may render
22        the contents injurious to health;
23             (10)  it   has   been   intentionally  subjected  to
24        radiation,  unless  the  use  of  the  radiation  was  in
25        conformity with a regulation or exemption  under  Section
26        409 of the federal Food, Drug, and Cosmetic Act;
27             (11)  any  valuable constituent has been in whole or
28        in part omitted  or  abstracted  from  the  article;  any
29        substance has been substituted, wholly or in part; damage
30        or  inferiority  has been concealed in any manner; or any
31        substance has been  added,  mixed,  or  packed  with  the
32        article  to  increase  its  bulk or weight, to reduce its
33        quality or strength, or to make it appear  better  or  of
34        greater value than it is; or
                            -3-      LRB093 09617 AMC 09855 b
 1             (12)  it   bears  or  contains  sodium  benzoate  or
 2        benzoic  acid  or  any  combination  thereof,  except  as
 3        permitted in accordance with the federal meat or  poultry
 4        programs.
 5        "Animals" means cattle, calves, American bison (buffalo),
 6    catalo,  cattalo,  sheep, swine, domestic deer, domestic elk,
 7    domestic antelope, domestic reindeer, ratites, water buffalo,
 8    and goats.
 9        "Capable of use as human food" means the carcass  of  any
10    animal  or  poultry,  or  part or product of a carcass of any
11    animal or poultry, unless it is denatured to deter its use as
12    human food or it is naturally inedible by humans.
13        "Custom processing"  means  the  cutting  up,  packaging,
14    wrapping,  storing,  freezing,  smoking, or curing of meat or
15    poultry products as a service by  an  establishment  for  the
16    owner  or  the  agent  of  the  owner  of the meat or poultry
17    products exclusively for use in the household  of  the  owner
18    and his or her nonpaying guests and employees or slaughtering
19    with  respect  to  live  poultry purchased by the consumer at
20    this establishment and processed by a custom  plant  operator
21    in accordance with the consumer's instructions.
22        "Custom  slaughter"  means  the  slaughtering,  skinning,
23    defeathering,   eviscerating,   cutting   up,  packaging,  or
24    wrapping  of  animals  or  poultry  as  a   service   by   an
25    establishment  for the owner or the agent of the owner of the
26    animals or poultry exclusively for use in  the  household  of
27    the owner and his or her nonpaying guests and employees.
28        "Department"  means  the Department of Agriculture of the
29    State of Illinois.
30        "Director" means, unless otherwise provided, the Director
31    of the Department of Agriculture of the State of Illinois  or
32    his or her duly appointed representative.
33        "Establishment"   means   all   premises  where  animals,
34    poultry, or  both,  are  slaughtered  or  otherwise  prepared
                            -4-      LRB093 09617 AMC 09855 b
 1    either  for custom, resale, or retail for food purposes, meat
 2    or poultry canneries, sausage factories,  smoking  or  curing
 3    operations,  restaurants,  grocery  stores,  brokerages, cold
 4    storage plants, processing plants, and similar places.
 5        "Federal Food, Drug, and  Cosmetic  Act"  means  the  Act
 6    approved  June  25, 1938 (52 Stat. 1040), as now or hereafter
 7    amended.
 8        "Federal  inspection"  means   the   meat   and   poultry
 9    inspection  service conducted by the United States Department
10    of  Agriculture  by  the  authority  of  the   Federal   Meat
11    Inspection  Act  and  the Federal Poultry Products Inspection
12    Act.
13        "Federal Meat Inspection  Act"  means  the  Act  approved
14    March 4, 1907 (34 Stat. 1260), as now or hereafter amended by
15    the  Wholesome  Meat  Act (81 Stat. 584), as now or hereafter
16    amended.
17        "Illinois inspected and condemned" means that the meat or
18    poultry product so  identified  and  marked  is  unhealthful,
19    unwholesome,  adulterated,  or otherwise unfit for human food
20    and shall be disposed of in  the  manner  prescribed  by  the
21    Department.
22        "Illinois  inspected  and  passed" means that the meat or
23    poultry product so stamped and identified has been  inspected
24    and passed under the provisions of this Act and the rules and
25    regulations  pertaining thereto at the time of inspection and
26    identification was found to be sound, clean,  wholesome,  and
27    unadulterated.
28        "Illinois  retained"  means  that  the  meat  or  poultry
29    product   so   identified   is   held  for  further  clinical
30    examination  by  a  veterinary  inspector  to  determine  its
31    disposal.
32        "Immediate container" means any consumer package  or  any
33    other  container  in  which  livestock  products  or  poultry
34    products, not consumer packaged, are packed.
                            -5-      LRB093 09617 AMC 09855 b
 1        "Inspector"   means   any   employee  of  the  Department
 2    authorized by the Director to inspect animals and poultry  or
 3    meat and poultry products.
 4        "Label"  means  a display of written, printed, or graphic
 5    matter upon any  article  or  the  immediate  container,  not
 6    including package liners, of any article.
 7        "Labeling"  means  all labels and other written, printed,
 8    or graphic  matter  (i)  upon  any  article  or  any  of  its
 9    containers or wrappers or (ii) accompanying the article.
10        "Meat  broker",  "poultry  broker",  or "meat and poultry
11    broker" means any person, firm, or corporation engaged in the
12    business of buying, negotiating for purchase of, handling  or
13    taking  possession of, or selling meat or poultry products on
14    commission  or  otherwise  purchasing  or  selling  of   such
15    articles  other  than  for  the person's own account in their
16    original containers without changing  the  character  of  the
17    products   in  any  way.  A  broker  shall  not  possess  any
18    processing equipment in his or her licensed facility.
19        "Meat food product" means any product capable of  use  as
20    human  food  that  is made wholly or in part from any meat or
21    other portion of the carcass of any cattle, sheep, swine,  or
22    goats, except products that contain meat or other portions of
23    such  carcasses  only  in  a  relatively  small proportion or
24    products  that  historically  have  not  been  considered  by
25    consumers as products of the meat food industry and that  are
26    exempted  from  definition  as  a  meat  food  product by the
27    Director under such conditions as the Director may  prescribe
28    to  assure  that  the  meat or other portions of such carcass
29    contained in such product are not adulterated and  that  such
30    products  are  not  represented  as meat food products.  This
31    term as applied to food products of equines or domestic  deer
32    shall  have  a  meaning  comparable  to that provided in this
33    definition with respect to cattle, sheep, swine, and goats.
34        "Misbranded" means any carcass,  part  thereof,  meat  or
                            -6-      LRB093 09617 AMC 09855 b
 1    meat food product, or poultry or poultry food product if:
 2             (1)  its  labeling  is  false  or  misleading in any
 3        particular;
 4             (2)  it is  offered  for  sale  under  the  name  of
 5        another food;
 6             (3)  it  is an imitation of another food, unless its
 7        label bears, in type of uniform size and prominence,  the
 8        word  "imitation" followed immediately by the name of the
 9        food imitated;
10             (4)  its container is made, formed, or filled so  as
11        to be misleading;
12             (5)  it  does  not bear a label showing (i) the name
13        and place of business of  the  manufacturer,  packer,  or
14        distributor   and  (ii)  an  accurate  statement  of  the
15        quantity of the contents in terms of weight, measure,  or
16        numerical  count;  however, reasonable variations in such
17        statement of quantity may be permitted;
18             (6)  any  word,  statement,  or  other   information
19        required  by  or under authority of this Act to appear on
20        the label or other labeling  is  not  prominently  placed
21        thereon  with such conspicuousness as compared with other
22        words, statements, designs, or devices  in  the  labeling
23        and  in such terms as to make the label likely to be read
24        and understood by  the  general  public  under  customary
25        conditions of purchase and use;
26             (7)  it  purports  to be or is represented as a food
27        for which  a  definition  and  standard  of  identity  or
28        composition  is  prescribed in Sections 13 and 16 of this
29        Act  unless  (i)  it  conforms  to  such  definition  and
30        standard and (ii) its label bears the name  of  the  food
31        specified in the definition and standard and, as required
32        by   such  regulations,  the  common  names  of  optional
33        ingredients other than spices and  flavoring  present  in
34        such food;
                            -7-      LRB093 09617 AMC 09855 b
 1             (8)  it  purports  to be or is represented as a food
 2        for which a standard of fill of container  is  prescribed
 3        in  Section  13  of  this  Act  and  it  falls  below the
 4        applicable  standard  of  fill  of  container  applicable
 5        thereto, unless its label bears, in such manner and  form
 6        as  such  regulations  specify, a statement that it falls
 7        below such standard;
 8             (9)  it  is  not  subject  to  the   provisions   of
 9        paragraph  (7),  unless its label bears (i) the common or
10        usual name of the  food,  if  any,  and  (ii)  if  it  is
11        fabricated  from  2  or  more  ingredients, the common or
12        usual name of each ingredient,  except  that  spices  and
13        flavorings   may,   when   authorized   by  standards  or
14        regulations adopted in or as provided by Sections 13  and
15        16  of  this  Act, be designated as spices and flavorings
16        without naming each;
17             (10)  it  purports  to  be  or  is  represented  for
18        special  dietary  uses,  unless  its  label  bears   such
19        information  concerning  its  vitamin, mineral, and other
20        dietary properties as  determined  by  the  Secretary  of
21        Agriculture of the United States in order to fully inform
22        purchasers as to its value for such uses;
23             (11)  it bears or contains any artificial flavoring,
24        artificial  coloring, or chemical preservative, unless it
25        bears labeling stating that fact or is exempt; or
26             (12)  it fails to bear, directly thereon or  on  its
27        container,  the inspection legend and unrestricted by any
28        of the foregoing provisions, such  other  information  as
29        necessary  to  assure  that  it  will  not  have false or
30        misleading labeling and that the public will be  informed
31        of  the  manner  of  handling  required  to  maintain the
32        article in a wholesome condition.
33        "Official  establishment"  means  any  establishment   as
34    determined  by  the  Director  at  which  inspection  of  the
                            -8-      LRB093 09617 AMC 09855 b
 1    slaughter  of  livestock  or  poultry  or  the preparation of
 2    livestock products or poultry products  is  maintained  under
 3    the authority 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
10    symbols shall be submitted to the Director for approval as to
11    compliance  with  this  Act.  Each brand or symbol that bears
12    the official mark shall be delivered into the custody of  the
13    inspector  in  charge  of the establishment and shall be used
14    only under the supervision of a  Department  employee.   When
15    not  in use, all such brands and symbols bearing the official
16    mark of inspection shall be secured in  a  locked  locker  or
17    compartment, the keys of which shall not leave the possession
18    of Department employees.
19        "Person"  means  any individual or entity, including, but
20    not  limited  to,   a   sole   proprietorship,   partnership,
21    corporation,   cooperative,  association,  limited  liability
22    company, estate, 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.
27        "Poultry"  means  domesticated birds or rabbits, or both,
28    dead or alive, capable of being used for human food.
29        "Poultry  products"  means  the  carcasses  or  parts  of
30    carcasses of poultry produced entirely or in substantial part
31    from such poultry, including but not limited to such products
32    cooked, pressed, smoked, dried, pickled, frozen, or similarly
33    processed.
34        "Poultry Products Inspection Act" means the Act  approved
                            -9-      LRB093 09617 AMC 09855 b
 1    August  28,  1957 (71 Stat. 441), as now or hereafter amended
 2    by the Wholesome Poultry Products Act,  approved  August  18,
 3    1968 (82 Stat. 791), as now or hereafter amended.
 4        "Poultry  Raiser"  means  any  person who raises poultry,
 5    including rabbits, on his or her own  farm  or  premises  who
 6    does not qualify as a producer as defined under this Act.
 7        "Processor"  means  any person engaged in the business of
 8    preparing animal food, including poultry, derived  wholly  or
 9    in  part  from  livestock  or  poultry  carcasses or parts or
10    products of such carcasses.
11        "Shipping container" means any container used or intended
12    for use in packaging  the  product  packed  in  an  immediate
13    container.
14        "Slaughterer"  means an establishment where any or all of
15    the following may be performed on  animals  or  poultry:  (i)
16    stunning;  (ii)  bleeding;  (iii) defeathering, dehairing, or
17    skinning; (iv) eviscerating; or (v) preparing  carcasses  for
18    chilling.
19        "State  inspection" means the meat and poultry inspection
20    service conducted by the Department  of  Agriculture  of  the
21    State of Illinois by the authority of this Act.
22    (Source: P.A. 91-170, eff. 1-1-00.)