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Public Act 094-1052
Public Act 1052 94TH GENERAL ASSEMBLY
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Public Act 094-1052 |
SB2841 Enrolled |
LRB094 17299 RAS 52592 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Meat and Poultry Inspection Act is amended | by changing Sections 2, 3, and 5.2 as follows:
| (225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
| Sec. 2. Definitions. As used in this Act:
| "Adulterated" means any carcass, or part of a
carcass, meat | or meat food product, or poultry or poultry food product if:
| (1) it bears or contains any poisonous or deleterious
| substance which may render it injurious to health, but if | the
substance is not an added substance the article is not
| adulterated under this paragraph if the quantity of such | substance
in or on the article does not ordinarily render | it injurious to
health;
| (2) it bears or contains, because of the
administering | of any substance to the live animal, poultry, or
other food | product, any added poisonous or added deleterious | substance
other than (A) a pesticide chemical in or on a | raw agricultural
commodity or (B) a food additive or a | color additive that, in the
judgment of the Director, may | make the article unfit for human
food;
| (3) it is, in whole or in part, a raw agricultural
| commodity and the commodity bears or contains a pesticide
| chemical that is unsafe within the meaning of Section 408 | of the
federal Food, Drug, and Cosmetic Act;
| (4) it bears or contains any food additive that is
| unsafe within the meaning of Section 409 of the federal | Food,
Drug, and Cosmetic Act;
| (5) it bears or contains any color additive which is
| unsafe within the meaning of Section 706 of the federal | Food,
Drug, and Cosmetic Act, provided that an article that |
| is not
adulterated under paragraph (3), (4), or (5) is | nevertheless
adulterated if use of the pesticide chemical, | food additive, or
color additive in or on the article is | prohibited under Section
13 or 16 of this Act;
| (6) it consists in whole or in part of any filthy,
| putrid, or decomposed substance or is for any reason | unsound,
unhealthful, unwholesome, or otherwise unfit for | human food;
| (7) it has been prepared, packed, or held under
| unsanitary conditions whereby it may have become | contaminated
with filth, or whereby it may have been | rendered injurious to
health;
| (8) it is, in whole or in part, the product of an | animal
or poultry that has died otherwise than by | slaughter;
| (9) its container is composed, in whole or in part, of
| any poisonous or deleterious substance that may render the
| contents injurious to health;
| (10) it has been intentionally subjected to radiation,
| unless the use of the radiation was in conformity with a
| regulation or exemption under Section 409 of the federal | Food,
Drug, and Cosmetic Act;
| (11) any valuable constituent has been in whole or in | part
omitted or abstracted from the article; any substance | has
been substituted, wholly or in part; damage or | inferiority has
been concealed in any manner; or any | substance has been added,
mixed, or packed with the article | to increase its bulk or
weight, to reduce its quality or | strength, or to make it appear
better or of greater value | than it is; or
| (12) it bears or contains sodium benzoate or benzoic | acid
or any combination thereof, except as permitted in | accordance
with the federal meat or poultry programs.
| "Amenable" means foods containing 3% or more raw, or more | than 2% cooked, red meat or poultry, other edible portions of | carcass or bird, or products that historically have been |
| considered by customers as products of the meat or poultry | industry.
| "Animals" means cattle, calves, American bison (buffalo),
| catalo, cattalo, sheep, swine, domestic deer, domestic elk,
| domestic antelope, domestic reindeer, ratites, water buffalo, | and
goats.
| "Capable of use as human food" means the carcass of any
| animal or poultry, or part or product of a carcass of any | animal
or poultry, unless it is denatured to deter its use as | human food
or it is naturally inedible by humans.
| "Custom processing" means the cutting up, packaging,
| wrapping, storing, freezing, smoking, or curing of meat or | poultry
products as a service by an establishment for the owner | or the
agent of the owner of the meat or poultry products | exclusively
for use in the household of the owner and his or | her nonpaying guests
and employees
or slaughtering with respect | to live poultry purchased by the consumer at this
establishment | and processed by a custom plant operator in accordance with the
| consumer's instructions.
| "Custom slaughter" means the slaughtering, skinning,
| defeathering, eviscerating, cutting up, packaging, or wrapping | of
animals or poultry as a service by an establishment for the | owner
or the agent of the owner of the animals or poultry | exclusively
for use in the household of the owner and his or | her nonpaying guests
and employees.
| "Department" means the Department of Agriculture of the
| State of Illinois.
| "Director" means, unless otherwise provided, the Director | of
the Department of Agriculture of the State of Illinois or | his or her
duly appointed representative.
| "Establishment" means all premises where animals,
poultry, | or both, are slaughtered or otherwise prepared either
for | custom, resale, or retail for food purposes, meat or poultry
| canneries, sausage factories, smoking or curing operations,
| restaurants, grocery stores, brokerages, cold storage plants,
| processing plants, and similar places.
|
| "Federal Food, Drug, and Cosmetic Act" means the Act
| approved June 25, 1938 (52 Stat. 1040), as now or hereafter
| amended.
| "Federal inspection" means the meat and poultry inspection
| service conducted by the United States Department of | Agriculture
by the authority of the Federal Meat Inspection Act | and the
Federal Poultry Products Inspection Act.
| "Federal Meat Inspection Act" means the Act approved March
| 4, 1907 (34 Stat. 1260), as now or hereafter amended by the
| Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
| "Illinois inspected and condemned" means that the meat or
| poultry product so identified and marked is unhealthful,
| unwholesome, adulterated, or otherwise unfit for human food and
| shall be disposed of in the manner prescribed by the | Department.
| "Illinois inspected and passed" means that the meat or
| poultry product so stamped and identified has been inspected | and
passed under the provisions of this Act and the rules and
| regulations pertaining thereto at the time of inspection and
| identification was found to be sound, clean, wholesome, and
| unadulterated.
| "Illinois retained" means that the meat or poultry product
| so identified is held for further clinical examination by a
| veterinary inspector to determine its disposal.
| "Immediate container" means any consumer package or any
| other container in which livestock products or poultry | products,
not consumer packaged, are packed.
| "Inspector" means any employee of the Department | authorized
by the Director to inspect animals and poultry or | meat and
poultry products.
| "Label" means a display of written, printed, or graphic
| matter upon any article or the immediate container, not | including
package liners, of any article.
| "Labeling" means all labels and other written, printed, or
| graphic matter (i) upon any article or any of its containers or
| wrappers or (ii) accompanying the article.
|
| "Meat broker", "poultry broker", or "meat and poultry | broker"
means any person, firm, or corporation engaged in the | business of
buying, negotiating for purchase of, handling or | taking
possession of, or selling meat or poultry products on | commission
or otherwise purchasing or selling of such articles | other than for
the person's own account in their original
| containers without changing the character of the products in | any
way. A broker shall not possess any processing equipment in | his
or her licensed facility.
| "Meat food product" means any product capable of use as
| human food that is made wholly or in part from any meat or | other
portion of the carcass of any cattle, sheep, swine, or | goats,
except products that contain meat or other portions of | such
carcasses only in a relatively small proportion or | products that historically
have not been considered by | consumers as products of the meat
food industry and that are | exempted from definition as a meat
food product by the Director | under such conditions as the
Director may prescribe to assure | that the meat or other portions
of such carcass contained in | such product are not adulterated and
that such products are not | represented as meat food products.
This term as applied to food | products of equines or domestic deer
shall have a meaning | comparable to that provided in this
definition with respect to | cattle, sheep, swine, and goats.
| "Misbranded" means any carcass, part thereof, meat or
meat | food product, or poultry or poultry food product if:
| (1) its labeling is false or misleading in any
| particular;
| (2) it is offered for sale under the name of another
| food;
| (3) it is an imitation of another food, unless its | label
bears, in type of uniform size and prominence, the | word
"imitation" followed immediately by the name of the | food
imitated;
| (4) its container is made, formed, or filled so as to | be
misleading;
|
| (5) it does not bear a label showing (i) the name and | place
of business of the manufacturer, packer, or | distributor and (ii)
an accurate statement of the quantity | of the contents in terms of
weight, measure, or numerical | count; however, reasonable
variations in such statement of | quantity may be permitted;
| (6) any word, statement, or other information required | by
or under authority of this Act to appear on the label or | other
labeling is not prominently placed thereon with such
| conspicuousness as compared with other words, statements,
| designs, or devices in the labeling and in such terms as to | make
the label likely to be read and understood by the | general public
under customary conditions of purchase and | use;
| (7) it purports to be or is represented as a food for
| which a definition and standard of identity or composition | is
prescribed in Sections 13 and 16 of this Act unless (i) | it
conforms to such definition and standard and (ii) its | label bears
the name of the food specified in the | definition and standard
and, as required by such | regulations, the common names of
optional ingredients | other than spices and flavoring present in
such food;
| (8) it purports to be or is represented as a food for
| which a standard of fill of container is prescribed in | Section 13
of this Act and it falls below the applicable | standard of fill
of container applicable thereto, unless | its label bears, in such
manner and form as such | regulations specify, a statement that it
falls below such | standard;
| (9) it is not subject to the provisions of paragraph
| (7), unless its label bears (i) the common or usual name of | the
food, if any, and (ii) if it is fabricated from 2 or | more
ingredients, the common or usual name of each | ingredient, except
that spices and flavorings may, when | authorized by standards or
regulations adopted in or as | provided by Sections 13 and 16 of
this Act, be designated |
| as spices and flavorings without naming
each;
| (10) it purports to be or is represented for special
| dietary uses, unless its label bears such information | concerning
its vitamin, mineral, and other dietary | properties as determined
by the Secretary of Agriculture of | the United States in order
to fully inform purchasers as to | its value for such uses;
| (11) it bears or contains any artificial flavoring,
| artificial coloring, or chemical preservative, unless it | bears
labeling stating that fact or is exempt; or
| (12) it fails to bear, directly thereon or on its
| container, the inspection legend and unrestricted by any of | the
foregoing provisions, such other information as | necessary to
assure that it will not have false or | misleading labeling and
that the public will be informed of | the manner of handling
required to maintain the article in | a wholesome condition.
| "Official establishment" means any establishment as
| determined by the Director at which inspection of the slaughter
| of livestock or poultry or the preparation of livestock | products
or poultry products is maintained under the authority | of this
Act.
| "Official mark of inspection" means the official mark of
| inspection used to identify the status of any meat product or
| poultry product or animal under this Act as established by | rule.
| Prior to the manufacture, a complete and accurate
| description and design of all the brands, legends, and symbols
| shall be submitted to the Director for approval as to | compliance
with this Act. Each brand or symbol that bears the | official
mark shall be delivered into the custody of the | inspector in
charge of the establishment and shall be used only | under the
supervision of a Department employee. When not in | use, all such
brands and symbols bearing the official mark of | inspection shall
be secured in a locked locker or compartment, | the keys of which
shall not leave the possession of Department |
| employees.
| "Person" means any individual or entity, including, but not
| limited to, a sole proprietorship, partnership, corporation,
| cooperative, association, limited liability company,
estate, | or trust.
| "Pesticide chemical", "food additive", "color additive", | and
"raw agricultural commodity" have the same meanings for | purposes
of this Act as under the federal Food, Drug, and | Cosmetic Act.
| "Poultry" means domesticated birds or rabbits, or both, | dead
or alive, capable of being used for human food.
| "Poultry products" means the carcasses or parts of | carcasses
of poultry produced entirely or in substantial part | from such
poultry, including but not limited to such products | cooked,
pressed, smoked, dried, pickled, frozen, or similarly | processed.
| "Poultry Products Inspection Act" means the Act approved | August
28, 1957 (71 Stat. 441), as now or hereafter amended by | the
Wholesome Poultry Products Act, approved August 18, 1968 | (82 Stat. 791), as now
or hereafter amended.
| "Poultry Raiser" means any person who raises poultry,
| including rabbits, on his or her own farm or premises who does | not
qualify as a producer as defined under
this Act.
| "Processor" means any person engaged in the business of
| preparing animal food from animals , including poultry, derived | wholly or in
part from livestock or poultry carcasses or parts | or products of
such carcasses.
| "Shipping container" means any container used or intended
| for use in packaging the product packed in an immediate
| container.
| "Slaughterer" means an establishment where any or all of | the
following may be performed on animals or poultry: (i) | stunning;
(ii) bleeding; (iii) defeathering, dehairing, or | skinning; (iv)
eviscerating; or (v) preparing carcasses for | chilling.
| "State inspection" means the meat and poultry inspection
|
| service conducted by the Department of Agriculture of the State
| of Illinois by the authority of this Act.
| (Source: P.A. 91-170, eff. 1-1-00.)
| (225 ILCS 650/3) (from Ch. 56 1/2, par. 303)
| Sec. 3. Licenses.
| (a) No person shall operate an establishment as
defined in | Section 2 or act as a broker as defined in Section 2
without | first securing a license from the Department except as | otherwise
exempted.
| (b) The following annual fees shall accompany each license | application
for the license year from July 1 to June 30 or any | part thereof. These
fees are non-refundable.
| Meatbroker, Poultry broker or Meat and Poultry | broker ..............................................$50
| Type I Establishment - Processor, Slaughterer, or | Processor and
Slaughterer
of Meat, Poultry or Meat and | Poultry .................................................$50
| Type II Establishment - Processor, Slaughterer, or | Processor and
Slaughterer
of Meat, Poultry or Meat and | Poultry .................................................$50
| Application for licenses shall be made to the Department in | writing on
forms prescribed by the Department.
| (c) The license issued shall be in such form as the | Department
prescribes, shall be under the seal of the | Department and shall contain
the name of the licensee, the | location for which the license is issued,
the type of | operation, the period of the license, and such other
| information as the Department requires. The original license or | a
certified copy of it shall be conspicuously displayed by the | licensee in
the establishment.
| (d) Failure to meet all of the conditions to retain a | license may result
in a denial of a renewal of a license. The | licensee may request an
administrative hearing to dispute the | denial of renewal, after which the
Director shall enter an | order either renewing or refusing to renew the license.
|
| (e) A penalty of $50 shall be assessed if renewal license | applications are
not received by July 1 of each year and | establishment operations shall be discontinued until payment | is received in full .
| (Source: P.A. 90-655, eff. 7-30-98; 91-170, eff. 1-1-00 .)
| (225 ILCS 650/5.2)
| Sec. 5.2. Type II licenses.
| (a) Type II establishments licensed
under this Act for | custom slaughtering and custom processing
shall:
| (1) Be permitted to receive, for processing, meat | products
and poultry products from animals and poultry | slaughtered by the
owner or for the owner for his or her | own personal use or for use by
his or her household.
| (2) Be permitted to receive live animals and poultry
| presented by the owner to be slaughtered and processed for | the
owner's own personal use or for use by his or her | household.
| (3) Be permitted to receive, for processing, inspected | meat
products and inspected poultry products for the | owner's own
personal use or for use by his or her | household.
| (4) Stamp the words "NOT FOR SALE -NOT INSPECTED " in | letters at least 3/8
inches in height on all carcasses of | animals and immediate poultry product
containers for | poultry
slaughtered in such establishment and on all meat | products and
immediate poultry product containers for | poultry products processed in that
establishment.
| (5) Conspicuously display a license issued by the | Department
and bearing the words "NO SALES PERMITTED".
| (6) Keep a record of the name and address of the owner | of
each carcass or portion thereof received in such | licensed
establishment, the date received, and the dressed | weight. Such
records shall be maintained for at least one | year and shall be
available, during reasonable hours, for | inspection by Department
personnel.
|
| (b) No custom slaughterer or custom processor shall engage
| in the business of buying or selling any poultry or meat | products
capable of use as human food, or slaughter of any | animals or
poultry intended for sale.
| (Source: P.A. 91-170, eff. 1-1-00.)
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Effective Date: 1/1/2007
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