(810 ILCS 5/2-314) (from Ch. 26, par. 2-314)
    Sec. 2-314. Implied warranty: merchantability; usage of trade.
    (1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this Section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
    (2) Goods to be merchantable must be at least such as
        (a) pass without objection in the trade under the
contract description; and
        (b) in the case of fungible goods, are of fair
average quality within the description; and
        (c) are fit for the ordinary purposes for which such
goods are used; and
        (d) run, within the variations permitted by the
agreement, of even kind, quality and quantity within each unit and among all units involved; and
        (e) are adequately contained, packaged, and labeled
as the agreement may require; and
        (f) conform to the promises or affirmations of fact
made on the container or label if any.
    (3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.
(Source: Laws 1961, p. 2101.)