Illinois General Assembly - Illinois Compiled Statutes

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410 ILCS 650/11

(410 ILCS 650/11) (from Ch. 56 1/2, par. 77)

Sec. 11.

Except as hereinafter provided and as provided in Sections 3.3, 3.4, and 4 of the Food Handling Regulation Enforcement Act, the Department of Public
Health shall enforce this Act, and for that purpose it may at all times
enter every such building, room, basement, inclosure or premises
occupied or used or suspected of being occupied or used for the
production, preparation or manufacture for sale, or the storage, sale,
distribution or transportation of such food, to inspect the premises and
all utensils, fixtures, furniture and machinery used as aforesaid; and
if upon inspection any such food producing or distribution
establishment, conveyance, or employer, employee, clerk, driver or other
person is found to be violating any of the provisions of this Act, or if
the production, preparation, manufacture, packing, storage, sale,
distribution or transportation of such food is being conducted in a
manner detrimental to the health of the employees and operatives, or to
the character or quality of the food therein being produced,
manufactured, packed, stored, sold, distributed or conveyed, the officer
or inspector making the inspection or examination shall report such
conditions and violations to the Department. The Department of
Agriculture shall have exclusive jurisdiction for the enforcement of
this Act insofar as it relates to establishments defined by Section 2.5
of "The Meat and Poultry Inspection Act", approved July
22, 1959, as heretofore or hereafter amended. The Department of
Agriculture or Department of Public Health, as the case may be, shall
thereupon issue a written order to the person, firm or corporation
responsible for the violation or condition aforesaid to abate such
condition or violation or to make such changes or improvements as may be
necessary to abate them, within such reasonable time as may be required.
Notice of the order may be served by delivering a copy thereof to the
person, firm or corporation, or by sending a copy thereof by registered
mail, and the receipt thereof through the post office shall be prima
facie evidence that notice of the order has been received. Such person,
firm or corporation may appear in person or by attorney before the
Department of Agriculture or the Department of Public Health, as the
case may be, within the time limited in the order, and shall be given an
opportunity to be heard and to show why such order or instructions
should not be obeyed. The hearing shall be under such rules and
regulations as may be prescribed by the Department of Agriculture or the
Department of Public Health, as the case may be. If after such hearing
it appears that this Act has not been violated, the order shall be
rescinded. If it appears that this Act is being violated, and that the
person, firm or corporation notified is responsible therefor, the
previous order shall be confirmed or amended, as the facts shall
warrant, and shall thereupon be final, but such additional time as is
necessary may be granted within which to comply with the final order. If
such person, firm or corporation is not present or represented when such
final order is made, notice thereof shall be given as above provided. On
failure of the party or parties to comply with the first order of the
Department of Agriculture or the Department of Public Health, as the
case may be, within the time prescribed, when no hearing is demanded, or
upon failure to comply with the final order within the time specified,
the Department shall certify the facts to the State's Attorney of the
county in which such violation occurred, and such State's Attorney shall
proceed against the party or parties for the fines and penalties
provided by this Act, and also for the abatement of the nuisance:
Provided, that the proceedings herein prescribed for the abatement of
nuisances as defined in this Act shall not in any manner relieve the
violator from prosecution in the first instance for every such
violation, nor from the penalties for such violation prescribed by
Section 13.

(Source: P.A. 97-393, eff. 1-1-12; 97-394, eff. 8-16-11; 97-813, eff. 7-13-12; 98-660, eff. 6-23-14.)