(240 ILCS 30/0.1) (from Ch. 114, par. 400.1)
Sec. 0.1.
This Act shall be known and may be cited as the Salvage Warehouse and Salvage Warehouse Store Act.
(Source: P.A. 84-361.)
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(240 ILCS 30/1) (from Ch. 114, par. 401)
Sec. 1.
Definitions.
As used in this Act, unless the context otherwise requires:
"Salvage
Warehouse or Salvage Warehouse Store" means any establishment, building, or
premises utilized to receive and store or redistribute partially damaged
food, alcoholic liquor, drugs, medical devices, or cosmetics from
fires, floods, storms,
train wrecks, truck wrecks, manufacturer closeouts or damaged from any
other source whatsoever. This also includes any establishment, building or
premises established or utilized to prepare such partially damaged food
products, drugs, medical devices, or cosmetics for sale or distribution to
consumers.
"Article of food" means any article used for food or drink or condiment
by man whether simple, mixed or compound, or any article used or intended
for use as an ingredient in the composition or preparation thereof.
"Alcoholic liquor" includes alcohol, spirits, wine and beer, and every
liquid or solid, patented or not, containing alcohol spirits, wine or beer,
and capable of being consumed by a human being.
"Drug" means (1) articles recognized in the official United States
Pharmacopoeia, National Formulary, official Homeopathic Pharmacopoeia
of the United States,
United States Dispensatory, or Remington's Practice of Pharmacy, or
any supplement to any of them; (2) articles intended
for use in the diagnosis, cure, mitigation, treatment or prevention of
disease; (3) articles (other than food) intended to affect the structure or
any function of the body of man or other animals; and (4) articles intended
for use as a component of any article specified in clause (1), (2) or (3).
"Drug" does not include devices or their components, parts or accessories.
"Cosmetic" means (1) articles intended to be rubbed on, poured on,
sprinkled on or sprayed on, introduced into or otherwise applied to the
human body or any part thereof for cleansing, beautifying, promoting
attractiveness or altering the appearance; and (2) articles intended for
use as a component of any such articles, except that such term does not
include soap.
An article of food, liquor, drugs, medical device or cosmetics is
"For Salvage" when it
is damaged in any way and is delivered to and comes into the possession or
custody of the licensee of a Salvage Warehouse or Salvage Warehouse Store.
"Department" means the Department of Public Health of the State of
Illinois.
"Director" means the Director of the Department.
"Medical device" means any instrument defined as a "device" in the
Federal Food, Drug and Cosmetic Act, as amended (21 U.S.C.A. 301 et seq.).
"Not for profit corporation" means any corporation as defined in the
General Not For Profit Corporation Act of 1986, as now or hereafter amended.
"Religious corporation" means any corporation as defined in "An Act
concerning corporations", approved April 18, 1872, as now or hereafter amended.
(Source: P.A. 86-704.)
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(240 ILCS 30/2) (from Ch. 114, par. 402)
Sec. 2.
Licenses, application, examination, issuance.
No person, firm, or corporation shall maintain or operate a salvage
warehouse or warehouse store without having a license therefor issued by
the Department. Any person, firm or corporation desiring such a license
shall make written application to the Department on forms prescribed by
the Department for that purpose, stating the location of the salvage
warehouse or salvage warehouse store. The Director thereupon, shall
cause an examination to be made of said salvage warehouse and, if it be
found by him or his agents to be in a proper sanitary condition and
otherwise properly equipped for its intended use, he shall issue a
license authorizing the applicant to operate the same as a salvage
warehouse or salvage warehouse store. The license shall be issued upon
payment by the applicant of a license fee of $100 per annum to the
Department. Any person, firm or corporation which is a not for profit
corporation or a religious corporation may apply for a license as a salvage
warehouse or salvage warehouse store. Such not for profit corporations or
religious corporations shall be exempt from the license fee of $100 per
annum. All such licenses, including licenses exempt from the license
fee, shall expire on December 31st of each year
and shall be renewed only upon application made to the Department and
accompanied by the required fee, if applicable.
(Source: P.A. 86-704.)
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(240 ILCS 30/3) (from Ch. 114, par. 403)
Sec. 3.
Revocation or suspension of license.
In case any salvage warehouse or salvage warehouse store, or any part
thereof, is at any time deemed by the Department, to be in an unsanitary
condition, or not properly equipped for its intended use, the Department
shall notify the licensee of such condition and upon the failure of the
licensee to put such salvage warehouse or salvage warehouse store in a
sanitary condition or to properly equip the same for its intended use,
within a time to be designated by the Director, the license may be revoked
or suspended by the Director in the manner provided in Sections 9 and 10 of
this Act until such licensed premises shall conform to the laws of
Illinois and the rules and regulations of the Department of Public Health
adopted under this Act.
(Source: P.A. 83-175.)
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(240 ILCS 30/4) (from Ch. 114, par. 404)
Sec. 4.
Inspection and supervision.
The Department shall inspect all salvage warehouses and salvage
warehouse stores, and make such inspection of articles of food, liquor,
drugs, medical devices and cosmetics therein as it considers necessary to secure the
proper enforcement of this Act, and shall have access to all salvage
warehouses at all reasonable times. Each warehouse shall be examined or
inspected at least annually. The Department shall set and cause to be
collected a fee of $50 for each examination or inspection and for
warehouses exceeding 10,000 square feet an additional fee of not more
than $30 for each additional 10,000 square feet or portion thereof,
except that salvage warehouses and salvage warehouse stores licensed to not
for profit corporations or religious corporations shall be exempt from such
examination fee or inspection fee and shall also be exempt from the annual
inspection required by this Act, though the Department may conduct periodic
inspections of such salvage warehouses and salvage warehouse stores at a
frequency determined by the risk presented by the salvaged items to the
consumer or user. The
Director shall appoint such persons as he considers qualified to make
any inspection under this Act.
(Source: P.A. 86-704.)
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(240 ILCS 30/5) (from Ch. 114, par. 405)
Sec. 5.
Articles
unfit for human consumption.
No article of food or drug intended for human consumption and no medical device or
cosmetic intended for human use shall be kept in any salvage warehouse or
salvage warehouse store if such article is unfit for human consumption or
use or may not reasonably be expected to keep wholesome for human
consumption or use, nor shall it be offered for sale at retail unless it
complies with standards promulgated by the Department of Public Health.
(Source: P.A. 84-361.)
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(240 ILCS 30/6) (from Ch. 114, par. 406)
Sec. 6.
Length of storage period.
No person, firm or corporation shall keep or permit to remain in any
salvage warehouse or salvage warehouse store any article of food, drug,
medical device or
cosmetic which has been held in a salvage warehouse within the State for a
longer period than the reasonable shelf life of the item, but in no event,
for a period longer than 12 months, except with the written approval of the
Director.
(Source: P.A. 84-361.)
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(240 ILCS 30/7) (from Ch. 114, par. 407)
Sec. 7.
Transfer of food to another warehouse.
It is unlawful to transfer any article of food, alcoholic liquor, drug,
medical device
or cosmetic for salvage from one salvage warehouse or salvage warehouse
store to another within the State of Illinois if such transfer is made for
the purpose of avoiding the provisions of Section 6 of this Act.
(Source: P.A. 84-361.)
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(240 ILCS 30/8) (from Ch. 114, par. 408)
Sec. 8.
Rules and
regulations.
The Department shall make and enforce reasonable rules and regulations
necessary to carry out the provisions of this Act. Such rules and
regulations shall be kept in the Director's office and shall be filed and
shall take effect as provided in "An Act concerning administrative rules,"
approved June 14, 1951, as heretofore or hereafter amended.
(Source: Laws 1963, p. 1999.)
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(240 ILCS 30/9) (from Ch. 114, par. 409)
Sec. 9.
The Department may upon its own motion and shall upon the verified
complaint in writing of any person setting forth facts which if proved
would constitute grounds for refusal, suspension or revocation under this
Act, investigate the actions of any applicant or any person or persons
holding or claiming to hold a license. The Department shall, before
refusing to issue or renew, and before suspension or revocation of a
license, at least 10 days prior to the date set for the hearing, notify in
writing the applicant for or holder of a license, hereinafter called the
respondent, that a hearing will be held on the date designated to determine
whether the respondent is privileged to hold such license, and shall afford
the respondent an opportunity to be heard in person or by counsel in
reference hereto. Such written notice may be served by delivery of the same
personally to the respondent, or by mailing the same by registered or
certified mail to the place of business last theretofore specified by the
respondent in the last notification to the Department. At the time and
place fixed in the notice, the Department shall proceed to hear the charges
and both the respondent and the complainant shall be accorded ample
opportunity to present in person or by counsel such statements, testimony,
evidence and argument as may be pertinent to the charges or to any defense
thereto. The Department may continue such hearing from time to time.
The Department, over the signature of the Director is authorized to
subpoena and bring before the Department any person or persons in this
State and to take testimony either orally or by deposition or by exhibit,
with the same fees and mileage and in the same manner as prescribed by law
in judicial proceedings in civil cases in circuit courts
of this State.
The Director may administer oaths to witnesses at any hearing which the
Department is authorized by law to conduct.
(Source: P.A. 83-338.)
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(240 ILCS 30/10) (from Ch. 114, par. 410)
Sec. 10.
The Department, at its expense, shall provide a stenographer
to take down the testimony and preserve a record of all proceedings at
the hearing of any case involving the refusal to issue or renew, or the
suspension or revocation of a license. The notice of hearing, complaint
and all other documents in the nature of pleadings and written motions
filed in the proceedings, the transcript of testimony, and orders of the
Department shall be the record of such proceedings. Any interested person
may purchase a copy of the transcript of the record from the certified shorthand
reporter who prepared the record.
In any case involving the refusal to issue or renew or the suspension
or revocation of a license, a copy of the Department's report shall be
served upon the respondent by the Department, either personally or by
registered or certified mail as provided in this Act for the service of
the notice of hearing. Within 20 days after such service, the respondent
may present to the Department a motion in writing for a rehearing, which
written motion shall specify the particular grounds therefor. If no
motion for rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or if a motion for rehearing is
denied, then upon such denial, the Director may enter an order. If the
respondent shall order and pay for a transcript of the record within the
time for filing a motion for rehearing, the 20 day period within which
such a motion may be filed shall commence upon the delivery of the
transcript to the respondent.
(Source: P.A. 81-750.)
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(240 ILCS 30/11) (from Ch. 114, par. 411)
Sec. 11.
Any circuit court may, upon application
of the Director or of the applicant or licensee against whom proceedings under
Section 9 of this Act are pending, enter an order requiring the
attendance of witnesses and their testimony, and the production of
documents, papers, files, books and records in connection with any hearing
in any proceedings under that section. The court may compel
obedience to its order by proceedings for contempt.
(Source: P.A. 83-334.)
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(240 ILCS 30/12) (from Ch. 114, par. 412)
Sec. 12.
The provisions of the Administrative Review Law,
and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Department
hereunder. The term "Administrative Decision" is defined as
in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(240 ILCS 30/13) (from Ch. 114, par. 413)
Sec. 13.
Penalties.
Any person, firm or corporation that violates any provisions of this Act
or the rules and regulations adopted pursuant thereto, shall be guilty of a
petty offense.
(Source: P.A. 77-2219.)
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(240 ILCS 30/14) (from Ch. 114, par. 414)
Sec. 14.
All fines imposed and collected under this Act shall be paid
within 30 days after such collection to the Department and by it paid into
the State Treasury.
(Source: Laws 1963, p. 1999.)
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