Public Act 098-0345
 
HB2783 EnrolledLRB098 05579 RPM 35617 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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:
 
    (410 ILCS 615/9)  (from Ch. 56 1/2, par. 55-9)
    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.
    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.
    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.
    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.
(Source: P.A. 96-1310, eff. 7-27-10.)
 
    (410 ILCS 615/16.5)
    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
monetary penalties as follows:
        (1) Against a licensee who sells or offers for sale
    non-inspected frozen, liquid, or dried egg products:
            (A) $500 for a first violation.
            (B) $1,000 for a second violation within 2 years
        after the first violation.
            (C) $2,000 for a third or subsequent violation
        within 2 years after the immediately preceding
        violation.
        (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
    and egg products:
            (A) $200 for a first violation.
            (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.
        (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:
            (A) $200 for a first violation.
            (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.
        (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.
        (5) Against any person who buys, sells, trades, or
    barters eggs in this State without having obtained a
    license, $300.
        (6) For all other violations:
            (A) $200 for a first violation.
            (B) $400 for a second violation within 2 years
        after the first violation.
            (C) $600 for a third or subsequent violation within
        2 years after the immediately preceding violation.
        (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.)
 
    (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.
(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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.