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| Public Act 098-0345 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Egg and Egg Products Act is amended | ||||
by changing Sections 9, 16.5, and 16.7 and by adding Sections | ||||
16.6 and 16.9 as follows:
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(410 ILCS 615/9) (from Ch. 56 1/2, par. 55-9)
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Sec. 9. Licenses; fees. The Department shall issue a | ||||
license to any
person upon
receipt and approval of a proper | ||||
application and the required nonrefundable fee. The
license fee | ||||
and classification of the license shall be established by
rule.
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A license must be obtained for each separate business | ||||
location and
this license shall be posted in a conspicuous | ||||
place at the
location for
which it was purchased. Licenses are | ||||
non-transferable.
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The application for an initial license may be filed at any | ||||
time prior to
beginning business as an egg handler. The | ||||
licensing year for an egg license
shall be July 1 through June | ||||
30. The egg license shall expire at the end of
the licensing | ||||
year.
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A penalty of $50 shall be assessed for any renewal license | ||||
not renewed by July 1 of the year in which the license renewal | ||||
is due. This penalty shall be assessed in addition to the | ||||
license fee.
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(Source: P.A. 96-1310, eff. 7-27-10.)
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(410 ILCS 615/16.5)
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Sec. 16.5. Violations; administrative monetary penalties. | ||
The Director is
authorized to hold administrative hearings to | ||
determine violations of this Act
or the Department's rules and | ||
regulations adopted under this Act. After
finding that a | ||
violation has occurred, the Director may impose administrative
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monetary penalties as follows:
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(1) Against a licensee who sells or offers for sale | ||
non-inspected frozen,
liquid, or dried egg products:
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(A) $500 for a first violation.
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(B) $1,000 for a second violation within 2 years | ||
after the first
violation.
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(C) $2,000 for a third or subsequent violation | ||
within 2 years after the
immediately preceding | ||
violation.
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(2) Against a licensee who makes a false, deceptive, or | ||
misleading
statement, representation, or assertion | ||
concerning the quality, size, weight,
or condition of, or | ||
any other matter relating to advertising and selling, eggs
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and egg products: | ||
(A) $200 for a first violation.
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(B) $500 for a second violation within 2 years | ||
after the first
violation. | ||
(C) $1,000 for a third or subsequent violation | ||
within 2 years after the
immediately preceding | ||
violation.
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(3) Against a licensee who furnishes an invoice, | ||
statement, or bill
showing
a standard of size, standard of | ||
quality, representation of freshness, or any
other | ||
description of eggs or egg products that is false, | ||
deceptive, or
misleading in any particular:
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(A) $200 for a first violation.
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(B) $500 for a second violation within 2 years | ||
after the first
violation. | ||
(C) $1,000 for a third or subsequent violation | ||
within 2 years after the
immediately preceding | ||
violation.
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(4) Against any person who resists, hinders, | ||
obstructs, or in any way
interferes with any officer, | ||
inspector, or employee of the Department in the
discharge | ||
of his or her duties under the provisions of this Act, | ||
$300.
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(5) Against any person who buys, sells, trades, or | ||
barters eggs in this
State without having obtained a | ||
license, $300.
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(6) For all other violations:
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(A) $200 for a first violation.
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(B) $400 for a second violation within 2 years | ||
after the first
violation.
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(C) $600 for a third or subsequent violation within | ||
2 years after the
immediately preceding violation.
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(7) Against any person who sells or wholesales eggs, | ||
who has been notified pursuant to the notification | ||
provision in this Section, to any person or business not | ||
licensed by the Department who buys, sells, trades, or | ||
traffics in eggs in this State: | ||
(A) $200 for a first violation. | ||
(B) $500 for a second violation within 2 years | ||
after the first. | ||
(C) $1,000 for a third or subsequent violation | ||
within 2 years after the immediately preceding | ||
violation. | ||
The Department shall notify any person who sells or | ||
wholesales eggs to any person or business not licensed by the | ||
Department who buys, sells, trades, or traffics eggs in this | ||
State that he or she may not sell, trade, or traffic eggs with | ||
the non-licensed person or business. A copy of the notice shall | ||
be either served personally or served by registered or | ||
certified mail on the person who sells or wholesales eggs. | ||
Proof of service of the notice shall be made by affidavit of | ||
the person making personal service or by the registered or | ||
certified mail receipt. | ||
A penalty not paid within 60 days after it is due may be | ||
submitted to the Attorney General's office or an approved | ||
private collection agency for collection. | ||
(Source: P.A. 96-1310, eff. 7-27-10.)
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(410 ILCS 615/16.6 new) | ||
Sec. 16.6. Violations; penalties. Any person knowingly | ||
violating this Act or any rule or order of the Department | ||
issued pursuant to this Act shall be guilty of a Class C | ||
misdemeanor. Each day of violation constitutes a separate | ||
offense.
In the event the person violating this Act or any rule | ||
or order issued pursuant to the Act is a corporation or | ||
partnership, any officer, director, manager, or managerial | ||
agent of the corporation or partnership who violates this Act | ||
or causes the corporation or partnership to violate this Act is | ||
guilty of a Class C misdemeanor. | ||
(410 ILCS 615/16.7) | ||
Sec. 16.7. Suspension and revocation of license. | ||
(a) The Director may suspend a license if the Department | ||
has reason to believe that any one or more of the following has | ||
occurred: | ||
(1) A licensee has made a material misstatement in an | ||
application for an original or renewal license under this | ||
Act. | ||
(2) A licensee has violated this Act or any rules | ||
adopted under this Act, and the violation or pattern of | ||
violations indicates a danger to public health. | ||
(3) A licensee has aided or abetted another in the | ||
violation of this Act or any rule adopted under this Act, | ||
and the violation or pattern of violations indicates a | ||
danger to public health. | ||
(4) A licensee has allowed his or her license to be | ||
used by an unlicensed person. | ||
(5) A licensee has been convicted of a felony violation | ||
of this Act or any crime an essential element of which is | ||
misstatement, fraud, or dishonesty. | ||
(6) A licensee has made a false, deceptive, or | ||
misleading statement, representation, or assertion | ||
concerning the quality, size, weight, or condition of, or | ||
any other matter relating to advertising and selling of, | ||
eggs and egg products. | ||
(7) A licensee has failed to possess the necessary | ||
qualifications or to meet the requirements of this Act for | ||
the issuance or holding of a license. | ||
(8) Failure to pay any fine or fee assessed by the | ||
Department within 60 days after the date the fine or fee | ||
was levied or otherwise due. | ||
(b) Within 10 days after suspending a person's license, the | ||
Department must commence an administrative hearing to | ||
determine whether to reinstate or revoke the license. After the | ||
Department schedules the administrative hearing, but no later | ||
than 5 days before the scheduled hearing date, the Department | ||
shall serve on the licensee written notice of the date, place, | ||
and time of the hearing. The Department may serve this notice | ||
by personal service on the licensee or by registered or | ||
certified mail, return receipt requested, to the licensee's | ||
place of business. After the hearing, the Director shall issue | ||
an order either reinstating or revoking the license.
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(Source: P.A. 96-1310, eff. 7-27-10.) | ||
(410 ILCS 615/16.9 new) | ||
Sec. 16.9. Termination of application; forfeiture of | ||
license fee. Failure of any applicant to meet all of the | ||
requirements for compliance within 60 days after receipt of a | ||
license application shall result in termination of the | ||
application and forfeiture of the license fee.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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