State of Illinois
91st General Assembly
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Public Act 91-0170

SB1074 Enrolled                                LRB9102814LDmb

    AN ACT to amend the Meat and Poultry Inspection Act.

    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, 5, 7, 8, 9,  10,  11,  13,
14,  15, 16.1, 19, and 19.2 and adding Sections 5.1, 5.2, and
19.01 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.
    "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, 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.,  unless  the
context  otherwise  requires, the terms specified in Sections
2.1 through 2.44 have the meanings ascribed to them in  those
Sections.
(Source: P.A. 82-255.)

    (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 2.5 or act as a broker as defined in  Section  2
2.19  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 not
returnable.
         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.
A penalty of $25 shall be assessed if any such license is not
renewed by July 1 of each year.
(Source: P.A. 90-655, eff. 7-30-98.)

    (225 ILCS 650/5) (from Ch. 56 1/2, par. 305)
    Sec. 5.  Exemptions - Producers,  Retailers,  and  Custom
Slaughterers,   Poultry   Raisers,   and  Custom  Processors.
Within the meaning of this Act
    The following types of establishments are exempt from the
specific provisions of this Act:
    (A)  A "producer" means any person engaged  in  producing
agricultural  products,  for personal or family use, on whose
farm the number of animals or poultry is in keeping with  the
size  of  the  farm  or  with  the volume or character of the
agricultural products produced thereon, but does not mean any
person engaged in producing agricultural products who:
    1.  actively engages in  buying  or  trading  animals  or
poultry or both; or
    2.  actively engages directly or indirectly in conducting
a business which includes the slaughter of animals or poultry
or both, for human food purposes; or
    3.  actively engages, directly or indirectly, in canning,
curing,  pickling,  freezing,  salting meat or poultry, or in
preparing meat or poultry products for sale; or
    4.  slaughters or permits any person to slaughter on  his
or  their  farm  animals or poultry not owned by the producer
for more than 30 days.
    The provisions of this Meat and  Poultry  Inspection  Act
requiring   inspection   to   be  made  by  the  Director  of
Agriculture do not apply to animals or poultry slaughtered by
any producer on his or her farm, nor to  animals  or  poultry
slaughtered  on  the  farm  of the owners for the personal or
family use of such owner, nor to
    (A-5)  Retail dealers or retail butchers with respect  to
meat or poultry products sold directly to consumers in retail
stores;   provided,   that   the  only  processing  operation
performed by such retail dealers or retail  butchers  is  the
cutting  up  of  meat  or  poultry  products  which have been
inspected under the provisions of this Act and is  incidental
to  the  operation of the retail food store.  Meat or poultry
products derived from animals or poultry slaughtered  by  any
producer  on  the  farm  which  are  canned,  cured, pickled,
frozen, salted or otherwise prepared at any place other  than
by the producer on the farm upon which the animals or poultry
were   slaughtered   are  not  exempt  under  the  producer's
exemption herein provided.
    Any person who sells or offers  for  sale  or  transports
meat  or  poultry  products  which  are unsound, unhealthful,
unwholesome, adulterated, or otherwise unfit for human  food,
or  which  have  not been inspected and passed by Department,
Federal or recognized municipal inspection, knowing that such
meat or poultry products are intended for human  consumption,
is  guilty  of a Class A misdemeanor and shall be punished as
provided by Section 19.
    (B)  The following types  of  establishments  are  exempt
from specific provisions of this Act:
    1.  Poultry  raisers  with  respect  to poultry raised on
their own farms or premises (a) if  such  raisers  slaughter,
eviscerate  or  further  process  not  more than 1000 poultry
during the calendar year for which this  exemption  is  being
granted determined; (b) such poultry raisers do not engage in
buying  or selling poultry products other than those produced
from poultry raised on their own farms or premises; (c)  such
poultry   or  poultry  products  are  slaughtered,  otherwise
prepared, sold or delivered to the consumer on  or  from  the
premises for which the exemption is given; (d) such slaughter
or  preparation shall be performed in sanitary facilities, in
a sanitary manner, and  subject  to  periodic  inspection  by
Department  personnel;  (e)  persons desiring such exemptions
shall submit in writing a request  to  the  Department.   The
exemption  shall  be  effective  upon written notice from the
Department and shall remain in  effect  for  a  period  of  2
years,  unless  revoked.  Adequate records must be maintained
to assure that not more than the number of  exempted  poultry
are  slaughtered  or  processed  in  one calendar year.  Such
records shall be kept for one year following the  termination
of  each  exemption.   Any advertisement regarding the exempt
poultry  or  poultry  products  shall  reflect  the  fact  of
exemption so as  not  to  mislead  the  consumer  to  presume
official inspection has been made under "The Meat and Poultry
Inspection Act".
    2.  Type  II  Establishments  licensed under this Act for
custom slaughtering  and  custom  processing  as  defined  in
Sections  2.39  and  2.40 of this Act, who do not sell either
meat products or poultry products shall:
    a.  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 own
personal use, or for use by his household.
    b.  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 household.
    c.  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 household.
    d.  Stamp the words "NOT FOR SALE" in  letters  at  least
3/8  inches in height on all carcasses of animals and poultry
slaughtered in such establishment and on  all  meat  products
and poultry products processed in such establishment.
    e.  Conspicuously   display   a  license  issued  by  the
Department and bearing the words "NO SALES PERMITTED".
    f.  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.
    g.  File an annual statement with the Department  to  the
effect  that  neither  meat products nor poultry products are
offered for sale.
    h.  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.
    3. A Type I Establishment licensed under the authority of
this Act who sells, or offers for sale, meat,  meat  product,
poultry   and  poultry  product  shall  except  as  otherwise
provided:
    a.  Be permitted to receive meat, meat  product,  poultry
and  poultry  product  for  cutting,  processing,  preparing,
packing,  wrapping,  chilling,  freezing,  sharp  freezing or
storing, provided it bears  an  official  mark  of  State  of
Illinois or of Federal Inspection.
    b.  Be  permitted to receive live animals and poultry for
slaughter provided  all  animals  and  poultry  are  properly
presented for prescribed inspection by a Department employee.
    c.  May  accept  meat,  meat product, poultry and poultry
product for sharp freezing or storage provided that prior  to
entry,  the  meat,  meat product, poultry and poultry product
has been wrapped or packaged and marked  "NOT  FOR  SALE"  as
prescribed in subparagraph d of paragraph 4 of subsection (B)
of this Section.
    d.  An  operator licensed under this Act to slaughter and
process poultry shall be permitted to receive  for  slaughter
and  cutting up poultry delivered to him by the owner thereof
exclusively for use in the household of such  owner,  by  him
and  members  of  his  household,  his  nonpaying guests, and
employees.  Such poultry  shall  be  exempt  from  inspection
provided the operator:
    (i)  Keeps  such  poultry,  poultry  carcasses  and parts
thereof separate from all other meat, meat products,  poultry
and poultry products at all times while on the premises.
    (ii)  Thoroughly cleans and disinfects all facilities and
equipment  with  which  such poultry or parts come in contact
upon completion of slaughter and cutting up.
    (iii)  Stamps the words "NOT FOR SALE" as  prescribed  in
subparagraph  d  of  paragraph  4  of  subsection (B) of this
Section on each immediate package of such poultry or  poultry
parts.
    (iv)  Records  the  following  information with regard to
poultry slaughtered or cut up in his licensed establishment:
    (a)  Name and address;
    (b)  Date received;
    (c)  Number and dressed weight of carcass.
    (v)  Such records shall be maintained for not  less  than
one  year and shall be available for inspection by Department
personnel during reasonable business hours.
    4.  Any establishment licensed  under  the  authority  of
this  Act that receives wild game carcasses shall comply with
the following requirements:
    a.  Wild  game  carcasses  shall  be  dressed  prior   to
entering the processing or refrigerated areas of the licensed
establishment.
    b.  Wild  game  carcasses stored in the refrigerated area
of the licensed establishment  shall  be  kept  separate  and
apart from inspected products.
    c.  A written request shall be made to the Department for
listing  of  the days and time of day wild game carcasses may
be processed.
    d.  All equipment used which comes in contact  with  wild
game  shall  be thoroughly cleaned and sanitized prior to use
on animal or poultry carcasses.
    5.  Establishments in which  operations  in  relation  to
meat  or poultry products consist entirely of storage of such
products in individual lockers at or below a temperature of 0
degrees F.
(Source: P.A. 85-246.)

    (225 ILCS 650/5.1 new)
    Sec. 5.1.  Type I licenses.
    (a)  A Type I establishment licensed under this  Act  who
sells  or  offers  for  sale meat, meat product, poultry, and
poultry product shall, except as otherwise provided:
         (1)  Be permitted to  receive  meat,  meat  product,
    poultry,  and  poultry  product  for cutting, processing,
    preparing, packing, wrapping, chilling,  freezing,  sharp
    freezing,  or storing, provided it bears an official mark
    of State of Illinois or of Federal Inspection.
         (2)  Be  permitted  to  receive  live  animals   and
    poultry  for  slaughter, provided all animals and poultry
    are properly presented for  prescribed  inspection  to  a
    Department employee.
         (3)  May  accept  meat,  meat  product, poultry, and
    poultry product for sharp freezing  or  storage  provided
    that the product is inspected product.
    (b)  Before    being   granted   or   renewing   official
inspection, an establishment must develop written  sanitation
Standard Operating Procedures as required by 8 Ill. Adm. Code
125.141.
    (c)  Before   being   granted   official  inspection,  an
establishment must conduct a hazard analysis and develop  and
validate  an  HACCP  plan  as  required  by  8 Ill. Adm. Code
125.142.  A conditional grant of inspection shall  be  issued
for  a  period not to exceed 90 days, during which period the
establishment must validate its HACCP plan.
    (d)  Any establishment licensed under  the  authority  of
this  Act that receives wild game carcasses shall comply with
the following requirements regarding wild game carcasses:
         (1)  Wild game carcasses shall be dressed  prior  to
    entering  the  processing  or  refrigerated  areas of the
    licensed establishment.
         (2)  Wild game carcasses stored in the  refrigerated
    area of the licensed establishment shall be kept separate
    and apart from inspected products.
         (3)  A   written   request  shall  be  made  to  the
    Department on an annual basis if a licensed establishment
    is suspending operations regarding  an  amenable  product
    due to handling of wild game carcasses.
         (4)  A  written  procedure  for  handling  wild game
    shall be approved by the Department.
         (5)  All equipment used that comes in  contact  with
    wild game shall be thoroughly cleaned and sanitized prior
    to use on animal or poultry carcasses.

    (225 ILCS 650/5.2 new)
    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" 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.

    (225 ILCS 650/7) (from Ch. 56 1/2, par. 307)
    Sec. 7.  Administration.
    The  Director  of  the  Department  of  Agriculture shall
administer this Act.  For  the  purposes  of  this  Act,  the
Director   may  employ  graduates  of  a  veterinary  college
recognized by the American Veterinary Medical Association and
other persons who have  qualified  and  are  skilled  in  the
inspection  of  meat  and  poultry  products  and  any  other
additional  employee,  and  he  or  she  may  utilize  in the
enforcement of this Act any employee, agent or  equipment  of
the  Department.   Beginning  January  1,  2000, the Director
shall increase the number of inspectors and veterinarians the
Director employs for the purposes of this Act by 10% per year
for the next 5 years, subject to available appropriations.
    The Department  may  establish  and  maintain  laboratory
facilities as necessary to administer this Act.
(Source: P.A. 76-357.)
    (225 ILCS 650/8) (from Ch. 56 1/2, par. 308)
    Sec. 8. Medical Certificate.
    The  licensee  of  a  Type I establishment operator shall
require all employees in his establishment to meet the health
requirements established by the Illinois Department of Public
Health. The Director may at any time require an  employee  of
an  establishment  to  submit  to  a  health examination by a
physician. No person suffering from any communicable disease,
including any communicable skin disease, and no  person  with
infected  wounds,  and  no  person  who  is  a "carrier" of a
communicable disease shall work be employed in  any  capacity
in  an  establishment. No person shall work or be employed in
or about  any  establishment  during  the  time  in  which  a
communicable  disease exists in the home in which such person
resides unless such person has obtained  a  certificate  from
the  state  or  local  health authority to the effect that no
danger of public contagion or infection  or  adulteration  of
product  will  result  from  the employment of such person in
such establishment. Every person employed by an establishment
and engaged in direct physical contact with meat  or  poultry
products during its preparation, processing or storage, shall
be  clean in person, wear clean washable outer garments and a
suitable cap or other head covering used exclusively in  such
work. Only persons specifically designated by the operator of
an  establishment shall be permitted to touch meat or poultry
products with their hands,  and  the  persons  so  designated
shall keep their hands scrupulously clean.
(Source: P.A. 76-357.)

    (225 ILCS 650/9) (from Ch. 56 1/2, par. 309)
    Sec.  9.  Antemortem  Inspection. The Director Department
shall, wherever slaughter  operations  are  conducted  at  an
establishment,  cause  antemortem  inspection  to  be made by
inspectors antemortem inspection where and to the  extent  it
determines  necessary  regarding  of  all animals and poultry
intended for human food. The owner or operator  of  any  such
establishment   shall  furnish  satisfactory  facilities  and
assistance as may be required by the Director  to  facilitate
such   antemortem   inspection.   Facilities  shall  also  be
furnished for holding animals or poultry for further clinical
examination animals or poultry. Such animals or poultry  held
for  further  inspection  reinspection shall be identified as
"Illinois Suspect" in a manner determined  by  the  Director.
Following  Such  reinspection  shall  be  as  conducted  by a
licensed and approved veterinarian and if a finding  is  made
that  the  animals  or poultry show no symptoms of disease or
other abnormal conditions, the  animals  or  poultry  may  be
released   for   slaughter.  Upon  reinspection  and  finding
symptoms of disease or other abnormal conditions which  would
render  the  animals  or  poultry  unfit  for human food, the
animals or poultry shall be tagged or permanently  identified
as  "Illinois  Inspected  and  Condemned" and unfit for human
food and shall be disposed of in a manner  as  prescribed  by
the  Director.  Any person who slaughters for human food such
condemned animals or poultry is guilty of a Class 4 felony  A
misdemeanor  and shall be punished as provided by Section 19.
No owner or person shall  be  required  to  hold  animals  or
poultry for a longer period than 72 hours.
(Source: P.A. 80-1495.)

    (225 ILCS 650/10) (from Ch. 56 1/2, par. 310)
    Sec. 10. Postmortem Inspection.
    The  Director  shall provide postmortem inspection of all
animals or poultry intended for human  food  in  any  Type  I
establishment  in this State except as exempted by Sections 4
and 5 of this Act. Under no circumstances shall  the  carcass
of  animals  or  poultry  which  have  died otherwise than by
slaughter be brought into any room in which meat  or  poultry
products  are slaughtered, processed, handled, or stored. The
head, tongue, tail, viscera, and other parts, and blood  used
in  the  preparation  of meat or poultry products, or medical
products shall be retained in such a manner  as  to  preserve
their  identity  until  after  the postmortem examination has
been completed. Carcasses  and  parts  thereof  found  to  be
sound,   healthful,   and   wholesome  after  inspection  and
otherwise fit for human food  shall  be  passed  and  may  be
marked  in  the  following  manner:  "Illinois  Inspected and
Passed"  or  with  the  inspection  legend  of  an   approved
municipal  inspection  department to which has been added the
words "Illinois Approved". These marks may also  include  any
number  given the establishment by the Department. All animal
carcasses or parts thereof  which  are  found  on  postmortem
inspection   to   be   unsound,   unhealthful,   unwholesome,
adulterated,  or  otherwise  unfit  for  human  food shall be
marked  conspicuously  by  the  inspector  at  the  time   of
inspection   with   the   words:   "Illinois   Inspected  and
Condemned", or  with  the  condemned  brand  of  an  approved
municipal  inspection  department.  All  poultry carcasses or
parts thereof which are found on postmortem inspection to  be
unsound,  unhealthful,  unwholesome, adulterated or otherwise
unfit for human food shall be condemned  by  depositing  each
carcass  or  part  thereof  in  a  suitable,  clearly  marked
"Condemned"  container.  All condemned carcasses and parts of
animals or poultry under  the  supervision  of  an  inspector
shall  be  rendered  unfit  for human consumption in a manner
approved by the Director. All  unborn  or  stillborn  animals
shall  be  condemned  and  no  hide,  skin  or any other part
thereof shall be removed within a room where edible  meat  or
poultry products are handled or prepared.
(Source: P.A. 76-357.)

    (225 ILCS 650/11) (from Ch. 56 1/2, par. 311)
    Sec.  11.  Time  of  operation.  The  Director  shall may
require operations at Type I licensed  establishments  to  be
conducted  under  inspection  and  during approved reasonable
hours of operation. The owner or operator  of  each  licensed
establishment  shall keep the Director informed in advance of
intended hours of operation. When one inspector  is  assigned
to   make  inspections  where  few  animals  or  poultry  are
slaughtered or where small  quantities  of  meat  or  poultry
products  are  prepared, the Director may designate the hours
of the day and  the  days  of  the  week  during  which  such
establishments may be operated. The management of an official
establishment,  an importer, or an exporter, desiring to work
under conditions  which  will  require  the  services  of  an
inspector employee of the Department on any Saturday, Sunday,
or holiday, or for more than an approved established work day
on any other day shall, sufficiently in advance of the period
of  overtime,  request  the Regional Administrator to furnish
inspection service  during  such  overtime  period,  and,  if
approved,  shall  be  allowed inspection on an overtime basis
pay the Department a fee  as  set  forth  by  regulation,  to
reimburse  the  Department  for  the  cost  of the inspection
services so furnished. Holidays will be those established  by
the Illinois Department of Central Management Services.
(Source: P.A. 89-463, eff. 5-31-96.)

    (225 ILCS 650/13) (from Ch. 56 1/2, par. 313)
    Sec.   13.    Official  Inspection  Legend,  Marking  and
Labeling.
    (a)  It is unlawful for any person  except  employees  of
the  United  States Department of Agriculture, the Department
or an authorized municipal inspection department to  possess,
use,  or keep an inspection stamp, mark, or brand provided or
used  for   stamping,   marking,   branding,   or   otherwise
identifying  carcasses  of  meat  or  poultry products, or to
possess, use or keep any stamp, mark or brand having  thereon
a device, words, or insignia the same or similar in character
or import to the stamps, marks, or brands provided or used by
the  United  States  Department  of  Agriculture,  the  State
Department   of   Agriculture   or   any  approved  municipal
inspection department  for  stamping,  marking,  branding  or
otherwise  identifying  the  carcasses  of meat or poultry or
meat and poultry products or parts thereof intended for human
food.
    (b)  When any meat or meat food product  which  has  been
inspected  as  provided  in  this  Act  and  marked "Illinois
Inspected and Passed" is placed or  packed  in  an  immediate
container  in  any can, pot, tin, canvas, or other receptacle
or covering in any establishment where inspection under  this
Act is maintained, the person, firm, or corporation preparing
the product shall attach a label as required to the immediate
container  can,  pot,  tin,  canvas,  or  other receptacle or
covering under supervision of an inspector. The  label  shall
state  that  the  contents  have been "Illinois Inspected and
Passed" under this Act, and no inspection and examination  of
meat  or  meat  food  products  or  poultry  or  poultry food
products deposited or  enclosed  in  an  immediate  container
cans,  tins, pots, canvas, or other receptacle or covering in
any  establishment  where  inspection  under  this   Act   is
maintained  is  complete until the meat or meat food products
or poultry or poultry  food  products  have  been  sealed  or
enclosed  in  an immediate container a can, tin, pot, canvas,
or other receptacle or covering under the supervision  of  an
inspector.  At  minimum,  all  amenable products derived from
inspected meat, meat food products, poultry, or poultry  food
products  shall  bear  a  mark  with  an  establishment name,
owner/customer name, and handling statement.
    (c)  All carcasses, parts of carcasses, meat,  meat  food
products,  poultry, or poultry food products inspected at any
establishment under the authority of this Act and found to be
not  adulterated  shall  at   the   time   they   leave   the
establishment  bear  in  distinctly  legible  form,  directly
thereon  or on their containers, as the Director may require,
the information required under Section 2.20 of this Act.
    (d)  The styles and sizes of type to be used with respect
to material required to be incorporated in labeling to  avoid
misbranding,  false  or  misleading  labeling of any articles
subject to this Act, definitions and standards of identity or
composition for articles subject to this Act,  and  standards
of fill of containers for the articles shall be the standards
as established under the Federal Food, Drug, and Cosmetic Act
or the Federal Meat Inspection Act.
    (e)  No  article  subject  to  this  Act shall be sold or
offered for sale by any person, firm,  or  corporation  under
any  name  or  other  marking  or  labeling which is false or
misleading, or in any container of a misleading form or size.
Established product names and other marking and labeling  and
containers  which  are  not false or misleading and which are
approved by the Director are permitted.
    (f)  If the Director  has  reason  to  believe  that  any
marking  or  labeling or the size or form of any container in
use or proposed for use with respect to any  article  subject
to  this Act is false or misleading in any particular, he may
direct that the use be withheld unless the marking, labeling,
or container is modified in a manner as he may  prescribe  so
that it will not be false or misleading. If the person, firm,
or  corporation  using  or  proposing  to  use  the  marking,
labeling,  or  container does not accept the determination of
the Director, the person, firm, or corporation may request  a
hearing,  but  the use of the marking, labeling, or container
shall, if  the  Director  so  directs,  be  withheld  pending
hearing   and   final  determination  by  the  Director.  Any
determination by the  Director  shall  be  conclusive  unless
within   30  days  after  receipt  of  notice  of  the  final
determination, the person,  firm,  or  corporation  adversely
affected appeals to the appropriate authority.
    (g)  No  person, firm, or corporation shall advertise for
sale, solicit, offer to sell or sell meats  or  frozen  foods
intended  for  storage  in  locker  boxes,  home  freezers or
freezer units  by  newspapers,  handbills,  placards,  radio,
television or other medium unless the advertising is truthful
and  accurate.  The  advertising  shall  not be misleading or
deceiving in respect to grade, quality, quantity,  price  per
pound   or   piece,   or  in  any  other  manner.  For  grade
determination of meats, the grades shall conform with  United
States  Department  of  Agriculture standards for designating
meat grades and the standards of this Act.
    No person advertising, offering for sale or  selling  any
carcasses  or  parts thereof or food plan shall engage in any
misleading or deceptive practices and particularly including,
but not limited to, the following:
         (1)  Bait selling.
              (A)  Disparage   or   degrade    any    product
         advertised  or  offered  for  sale by the seller, or
         display any product  or  depiction  thereof  to  any
         buyer  in  order  to  induce the purchase of another
         product, or represent that a  product  is  for  sale
         when  the  representation  is used primarily to sell
         another product.
              (B)  Substitute any product for that ordered by
         the buyer without the buyer's consent.
              (C)  Fail  to  have  available   a   sufficient
         quantity  of  any  product  represented as being for
         sale to meet reasonably anticipated demands.
         (2)  Price representation.
              (A)  Use any price list related to the seller's
         food  plan  that  contains  prices  other  than  the
         seller's current billing prices.
              (B)  Misrepresent the amount of money that  the
         buyer  will  save  on purchases of any products that
         are not of the same grade or quality.
              (C)  Fail to disclose fully  and  conspicuously
         in  at  least  10 point type any charge for cutting,
         wrapping, freezing, delivery or other services.
              (D)  Represent the price of any meat product to
         be offered for sale in bundles in units larger  than
         one pound in terms other than price per single pound
         for  meat  products in at least 10 point type except
         when the advertisement or offer for sale pertains to
         containers of meat products weighing  15  pounds  or
         less.
         (3)  Product Representation.
              (A)  Misrepresent  the  cut,  grade,  brand  or
         trade name, or weight or measure of any product.
              (B)  Use  the abbreviation "U.S." in describing
         a product not graded by the United States Department
         of Agriculture, except that product may be described
         as "U.S. Inspected" when true.
              (C)  Misrepresent a product through the use  of
         any term similar to a government grade.
              (D)  (Blank).  Fail  to  disclose in uniform 10
         point type, when a  yield  grade  is  advertised,  a
         definition  of  the  yield  grade  in  the following
         terms:
              Yield Grade 1 - Extra Lean
              Yield Grade 2 - Lean
              Yield Grade 3 - Average Waste
              Yield Grade 4 - Wasty
              Yield Grade 5 - Exceptionally Wasty
              (E)  Advertise   or   offer   for   sale    any
         combinations  of  parts  of  carcasses with one unit
         price, except when the advertisement  or  offer  for
         sale  pertains  to  combinations  consisting only of
         poultry or poultry products.
              (F)  Fail to disclose fully  and  conspicuously
         the  correct government grade for any product if the
         product is represented as having been graded.
              (G)  Fail to disclose fully  and  conspicuously
         that  the  yield of consumable meat from any carcass
         or part of a carcass will be less than the weight of
         the carcass or part thereof.  The seller shall,  for
         each  carcass  or  part  of  carcass advertised, use
         separately and distinctly  (in  at  least  10  point
         type)   the  following  disclosure:   "Sold  hanging
         weight subject to cutting loss".
              (H)  Misrepresent the amount or  proportion  of
         retail  cuts  that a carcass or part of carcass will
         yield.
              (I)  (Blank). Fail to furnish the buyer with  a
         complete  and  accurate signed statement at the time
         of  delivery,  showing  the  net  weight   of   meat
         delivered  to  the buyer.  If weighed with immediate
         wrappings, this  fact  shall  be  stated.  Both  the
         actual  net  weight  of the product prior to cutting
         and trimming, and  the  delivered  weight  shall  be
         disclosed  to  the  buyer  in writing at the time of
         delivery.  This section shall  apply  separately  to
         each   carcass  or  part  of  carcass  sold  on  any
         individual order.
              (J)  Fail to disclose fully  and  conspicuously
         whether  a quarter of a carcass is the front or hind
         quarter, and "quarters" or "sides" or "halves"  must
         consist  of only anatomically natural proportions of
         cuts from front or hind  quarters.   A  "pre-trimmed
         side",   "packer-trimmed   side"   or  similar  term
         describing  part  of  a   carcass   shall   not   be
         represented  as  a  side or quarter of beef, and the
         descriptions shall not be  used  for  comparison  to
         induce the sale of the product.
              (K)  Represent  any  part  of  a  carcass  as a
         "half" or "side" unless it consists exclusively of a
         front and hind quarter.  Both quarters must be  from
         the  same  side of the same animal unless the seller
         discloses fully and conspicuously that they are from
         different sides or different animals as the case may
         be.  Each quarter shall be  of  the  same  grade  or
         quality as the other quarters comprising the half or
         side  and  the  seller shall advise the buyer of the
         weight of each quarter prior to sale.    In  selling
         quarters  individually or as part of a half or side,
         if  actual  weights  are  not  known  or  cannot  be
         determined prior to sale, approximate weights may be
         used,  provided  the  buyer  is  informed  that  the
         weights  are  approximate,  the   weights   are   so
         identified  on  any  purchase order or contract, and
         the seller agrees with the  buyer,  in  writing,  to
         make a cash refund or grant a credit on delivery for
         the   difference   between  actual  weight  and  the
         approximate weight on which the sale was made.
              (L)  Use the words, "bundle",  "sample  order",
         "split side", or words of similar import to describe
         a  quantity  of  meat  or  poultry unless the seller
         itemizes each cut and the weight thereof  which  the
         buyer will receive.
              (M)  Advertise  or  offer  free,  bonus,  extra
         product,  or service combined with or conditioned on
         the purchase of any other product or service  unless
         the  additional  product  or  service  is accurately
         described including, whenever applicable, grade, net
         weight or measure, type, and brand  or  trade  name.
         The words "free", "bonus", or other words of similar
         import shall not be used in any advertisement unless
         the  advertisement  clearly  and  conspicuously sets
         forth the total price or amount that must be paid to
         entitle the  buyer  to  the  additional  product  or
         service.
              (N)  Misrepresent the breed, origin, or diet of
         slaughtered  animals  or  parts  thereof offered for
         sale.   Sellers  making  these  claims  shall   have
         written records available to substantiate the fact.
(Source: P.A. 86-217; 87-165.)

    (225 ILCS 650/14) (from Ch. 56 1/2, par. 314)
    Sec. 14. Access to premises.
    No  person  shall deny access to any authorized personnel
upon  the  presentation  of  proper  identification  at   any
reasonable   time   to   establishments,  broker  facilities,
warehouses or vehicles used in the transportation of meat and
poultry or  products  thereof   and  to  all  parts  of  such
premises  for the purposes of making inspections, examination
of records, inventories, copying and sampling under this Act.
    Samples   of    products,    water,    dye,    chemicals,
preservatives,  spices,  or other articles in any official or
exempted establishment shall be taken, without  cost  to  the
Department,   for  examination  as  often  as  necessary  for
efficient inspection.
(Source: P.A. 85-246.)

    (225 ILCS 650/15) (from Ch. 56 1/2, par. 315)
    Sec. 15. Seizure.
    (a)  The Director is hereby authorized  to  prohibit  the
entrance  into  channels  of  trade  of  any  meat or poultry
products found  to  be  unwholesome,  improperly  labeled  or
otherwise  not  in accordance with the provisions of this Act
or the rules and regulations established hereunder. Any  meat
or poultry product found in channels of trade by a Department
employee  that  an  inspector which is not in compliance with
the provisions of this Act shall be subject  to  seizure  and
confiscation by the Department.
    (b)  Seized  and  confiscated  meat  and poultry products
shall be condemned unless it is of such character that it can
be made to conform with the provisions of this Act by methods
approved by the Director. Condemned meat or poultry  products
shall be effectively destroyed for human food purposes by the
owner of the meat or poultry product under the supervision of
a  Department  employee  an  inspector  in such manner as the
Director may prescribe.
(Source: Laws 1959, p. 1944.)

    (225 ILCS 650/16.1) (from Ch. 56 1/2, par. 316.1)
    Sec.  16.1.   Licensees  shall  comply  with   bulletins,
manuals  of  procedure  and  guidelines  issued by the United
States Department of Agriculture which implement the  federal
Meat  Inspection  Act and the Federal Poultry Inspection Act.
Such guidelines, bulletins and manuals shall become effective
on the date designated by the  United  States  Department  of
Agriculture.
(Source: P.A. 84-211.)

    (225 ILCS 650/19) (from Ch. 56 1/2, par. 319)
    Sec. 19.  Criminal offenses Penalties.
    A. Any person who forcibly  assaults,  resists,  opposes,
impedes,  intimidates,  or  interferes  with any person while
engaged in or on account of the performance of  his  official
duties   under  this  Act  shall  be  guilty  of  a  Class  A
misdemeanor.
    B.  Any person, firm, or corporation,  or  any  agent  or
employee  of  any  person,  firm,  or corporation, who gives,
pays, or offers, directly or indirectly,  to  any  inspector,
deputy  inspector,  chief  inspector, or any other officer or
employee of this State  authorized  to  perform  any  of  the
duties prescribed by this Act or by the rules and regulations
of  the  Director,  any  money  or other thing of value, with
intent to influence such inspector, deputy  inspector,  chief
inspector,  or other officer or employee of this State in the
discharge of his duty, is guilty of a Class 4 felony.
    B-5.  Any inspector, deputy inspector,  chief  inspector,
or  other  officer  or  employee  of this State authorized to
perform any of the duties prescribed by this Act who  accepts
any  money,  gift,  or  other thing of value from any person,
firm, or  corporation,  or  officers,  agents,  or  employees
thereof,  given with intent to influence his official action,
or  who  receives  or  accepts  from  any  person,  firm,  or
corporation any gift, money, or other thing  of  value  given
with any purpose of intent whatsoever, is guilty of a Class 4
felony  and  upon  conviction,  shall be summarily discharged
from office.
    C.  Any person violating any provision of this Act or any
rule  or  regulation  established   hereunder,   except   any
provisions of or rule or regulation established under Section
9  or  Section  10,  is  guilty of a Class A misdemeanor. Any
person violating any provision of Section 9 or Section 10  of
this  Act,  or  any rule or regulation applicable thereto, is
guilty of a Class A misdemeanor.
    D.  Any person who sells or offers for sale or transports
meat or  poultry  products  that  are  unsound,  unhealthful,
unwholesome,  adulterated,  or otherwise unfit for human food
or which have not been inspected and  passed  by  Department,
federal,  or  recognized  municipal  inspection, knowing that
such  meat  or  poultry  products  are  intended  for   human
consumption,  is guilty of a Class A misdemeanor. Any person,
firm, or corporation who violates any provision of  this  Act
for  which no other criminal penalty, is provided by this Act
is guilty of a Class A misdemeanor.
    E.  The Director is also authorized to refuse issuance of
a license, to suspend, or revoke a license for violations  by
any  establishment of the provisions of this Act or the rules
and regulations adopted hereunder when any one or more of the
following items are applicable:
    (1)  Material  misstatement  in   the   application   for
original  license  or  in  the  application  for  any renewal
license under this Act;
    (2)  Willful disregard or willful violation of  this  Act
or of any regulations or rules adopted pursuant thereto;
    (3)  Willfully   aiding   or   abetting  another  in  the
violation of this Act or of any regulation  or  rule  adopted
pursuant thereto;
    (4)  Allowing  one's license under this Act to be used by
an unlicensed person;
    (5)  Conviction of any  crime  an  essential  element  of
which  is  misstatement, fraud or dishonesty or conviction of
any felony relative to the provisions of  this  Act,  if  the
Department  determines, after investigation, that such person
has not been sufficiently rehabilitated to warrant the public
trust;
    (6)  Conviction of a violation of  any  law  of  Illinois
except  minor  violations  such  as  traffic  violations  and
violations  not related to the disposition of this Act or any
rule or regulation of the Department relating thereto;
    (7)  Making willful misrepresentations or false  promises
of  a  character  likely  to influence, persuade or induce in
connection with the business of a licensee under this Act;
    (8)  Pursuing   a    continued    course    of    willful
misrepresentation   of   or  making  false  promises  through
advertising, salesman, agents or otherwise in connection with
the business of a licensee under this Act; or
    (9)  Failure to possess the necessary  qualifications  or
to  meet  the  requirements  of  this Act for the issuance or
holding of a license.
    F.  The Department may, upon its own motion,  and  shall,
upon  the verified complaint in writing of any person setting
forth facts which if  proven  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.  At least 10 days prior to the
date set for hearing the Department shall, before refusing to
issue  or  renew,  and  before  suspension or revocation of a
license, notify in writing the applicant for or holder  of  a
license,  hereinafter called the respondent, that on the date
designated a hearing will be held 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.  Such written notice may be served personally  on
the  respondent,  or  by registered or certified mail sent to
the respondent's business address  as  shown  in  his  latest
notification  to  the  Department.   At the hearing, both the
respondent  and  the  complainant  shall  be  afforded  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  Director  or  any  employee  of  the  Department  of
Agriculture designated by  him  for  such  purpose  may  hold
hearings, administer oaths, sign and issue subpoenas, examine
witnesses,  receive  evidence  and  require  by  subpoena the
attendance and testimony of witnesses and the  production  of
such  accounts,  records and memoranda as may be material for
the determination of any complaint under this Act.   In  case
of  the  refusal of any person to comply with any subpoena or
on the  refusal  of  a  witness  to  testify  to  any  matter
regarding  which  he  lawfully may be interrogated hereunder,
the judge of any circuit court of the county  in  which  such
investigation   or   hearing   is  being  conducted  may,  on
application of the Director or the employee of the Department
designated by the Director to conduct such  investigation  or
hearing,  compel  obedience by proceedings for contempt as in
the case of disobedience to an order of such court.
(Source: P.A. 83-759.)

    (225 ILCS 650/19.01 new)
    Sec. 19.01.  Suspension and revocation of license.
    (a)  The Director may suspend a license if the Department
has reason to believe that any of the following has occurred:
         (1)  A licensee had made a material misstatement  in
    the   application   for   original   license  or  in  the
    application for any renewal license under this Act;
         (2)  A licensee has violated any of  the  provisions
    of  this Act or of any rules adopted pursuant thereto and
    the violation  or  pattern  of  violations  indicates  an
    immediate danger to public health;
         (3)  Aiding  or abetting another in the violation of
    this Act or of any rule adopted pursuant thereto and  the
    violation or pattern of violations indicates an immediate
    danger to public health;
         (4)  Allowing  one's  license  under  this Act to be
    used by an unlicensed person;
         (5)  Conviction of any crime an essential element of
    which is misstatement, fraud, or dishonesty or conviction
    of any felony relative to the provisions of this Act;
         (6)  Pursuing  a   continued   course   of   willful
    misrepresentation  of  or  making  false promises through
    advertising, salesmen, agents, or otherwise in connection
    with the business of a licensee under this Act; or
         (7)  Failure to possess the necessary qualifications
    or to meet the requirements of this Act for the  issuance
    or holding of a license.
    (b)  Within  10  days  after  suspension of a license, an
administrative  hearing  shall  be  commenced  to   determine
whether the license shall be reinstated or revoked.  Whenever
an administrative hearing is scheduled, the licensee shall be
served  with  written  notice of the date, place, and time of
the hearing at least 5 days before  the  hearing  date.   The
notice  may  be served by personal service on the licensee or
by mailing it by registered or certified mail, return receipt
requested, to the licensee's place of business.  The Director
may, after a hearing,  issue  an  order  either  revoking  or
reinstating the license.

    (225 ILCS 650/19.2) (from Ch. 56 1/2, par. 319.2)
    Sec. 19.2. Administrative hearings and penalties.
    When  an  administrative  hearing  is  held,  the hearing
officer, upon determination of a violation  of  this  Act  or
rules  promulgated  under  this Act, may assess the following
administrative penalties in  addition  to  or  instead  of  a
suspension  or  revocation  of  the  license  as  provided in
Section 19 of this Act:
    (a)  $150 for illegal advertising.
    (b)  $200 for operating without being licensed as a  meat
broker, poultry broker, or meat and poultry broker.
    (c)  $300  for  misbranding as defined in Section 2.20 of
this Act.
    (d)  no less than $500 and no  greater  than  $5,000  for
sale of uninspected meat.
    (e)  no  less  than  $500  and no greater than $5,000 for
product adulteration.
    (e-5)  $500  for  detaching,   breaking,   changing,   or
tampering  with any official seal, seizure tag, rejected tag,
or retained tag in any way whatsoever.
    (f)  $500 for selling  a  product  in  violation  of  the
approved label specifications.
    (g)  $500  for  removal of meat or poultry products under
seizure.
    (h)  (Blank).
    (h-5)  no less than $500, but no  more  than  $5,000  for
operating  outside  approved  hours  of operation or approved
overtime.
    (i)  No less than  $500  but  no  more  than  $5,000  for
operating  without  being  licensed  as  a  meat processor or
slaughterer.
    In the case of a second or subsequent violation within  3
years  of  the first violation, the penalty shall be doubled.
Penalties  not  paid  within  60  days  of  notice  from  the
Department shall  be  submitted  to  the  Attorney  General's
office   or   an   approved  private  collection  agency  for
collection  or  referred  for  prosecution  to   the   States
Attorney's office in the county where the violation occurred.
(Source: P.A. 89-463, eff. 5-31-96.)

    (225 ILCS 650/2.1 rep.)
    (225 ILCS 650/2.2 rep.)
    (225 ILCS 650/2.3 rep.)
    (225 ILCS 650/2.4 rep.)
    (225 ILCS 650/2.5 rep.)
    (225 ILCS 650/2.6 rep.)
    (225 ILCS 650/2.7 rep.)
    (225 ILCS 650/2.8 rep.)
    (225 ILCS 650/2.9 rep.)
    (225 ILCS 650/2.9a rep.)
    (225 ILCS 650/2.10 rep.)
    (225 ILCS 650/2.11 rep.)
    (225 ILCS 650/2.12 rep.)
    (225 ILCS 650/2.13 rep.)
    (225 ILCS 650/2.14 rep.)
    (225 ILCS 650/2.15 rep.)
    (225 ILCS 650/2.16 rep.)
    (225 ILCS 650/2.17 rep.)
    (225 ILCS 650/2.18 rep.)
    (225 ILCS 650/2.19 rep.)
    (225 ILCS 650/2.20 rep.)
    (225 ILCS 650/2.21 rep.)
    (225 ILCS 650/2.22 rep.)
    (225 ILCS 650/2.23 rep.)
    (225 ILCS 650/2.24 rep.)
    (225 ILCS 650/2.25 rep.)
    (225 ILCS 650/2.26 rep.)
    (225 ILCS 650/2.28 rep.)
    (225 ILCS 650/2.29 rep.)
    (225 ILCS 650/2.30 rep.)
    (225 ILCS 650/2.31 rep.)
    (225 ILCS 650/2.32 rep.)
    (225 ILCS 650/2.33 rep.)
    (225 ILCS 650/2.34 rep.)
    (225 ILCS 650/2.35 rep.)
    (225 ILCS 650/2.36 rep.)
    (225 ILCS 650/2.37 rep.)
    (225 ILCS 650/2.38 rep.)
    (225 ILCS 650/2.39 rep.)
    (225 ILCS 650/2.40 rep.)
    (225 ILCS 650/2.41 rep.)
    (225 ILCS 650/2.42 rep.)
    (225 ILCS 650/2.43 rep.)
    (225 ILCS 650/2.44 rep.)
    (225 ILCS 650/3.1 rep.)
    (225 ILCS 650/4 rep.)
    (225 ILCS 650/19.1 rep.)
    Section  10.   The  Meat  and  Poultry  Inspection Act is
amended by repealing Sections 2.1, 2.2, 2.4, 2.5,  2.6,  2.7,
2.8,  2.9,  2.9a,  2.10,  2.11, 2.12, 2.13, 2.14, 2.15, 2.16,
2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24,  2.25,  2.26,
2.28,  2.29,  2.30, 2.31, 2.32, 2.33, 2.34, 2.35, 2.36, 2.37,
2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 3.1, 4, and 19.1.
                            INDEX
           Statutes amended in order of appearance
225 ILCS 650/2            from Ch. 56 1/2, par. 302
225 ILCS 650/3            from Ch. 56 1/2, par. 303
225 ILCS 650/5            from Ch. 56 1/2, par. 305
225 ILCS 650/5.1 new
225 ILCS 650/5.2 new
225 ILCS 650/8            from Ch. 56 1/2, par. 308
225 ILCS 650/9            from Ch. 56 1/2, par. 309
225 ILCS 650/10           from Ch. 56 1/2, par. 310
225 ILCS 650/11           from Ch. 56 1/2, par. 311
225 ILCS 650/13           from Ch. 56 1/2, par. 313
225 ILCS 650/14           from Ch. 56 1/2, par. 314
225 ILCS 650/15           from Ch. 56 1/2, par. 315
225 ILCS 650/16.1         from Ch. 56 1/2, par. 316.1
225 ILCS 650/19           from Ch. 56 1/2, par. 319
225 ILCS 650/19.01 new
225 ILCS 650/19.2         from Ch. 56 1/2, par. 319.2
225 ILCS 650/2.1 rep.
225 ILCS 650/2.2 rep.
225 ILCS 650/2.3 rep.
225 ILCS 650/2.4 rep.
225 ILCS 650/2.5 rep.
225 ILCS 650/2.6 rep.
225 ILCS 650/2.7 rep.
225 ILCS 650/2.8 rep.
225 ILCS 650/2.9 rep.
225 ILCS 650/2.9a rep.
225 ILCS 650/2.10 rep.
225 ILCS 650/2.11 rep.
225 ILCS 650/2.12 rep.
225 ILCS 650/2.13 rep.
225 ILCS 650/2.14 rep.
225 ILCS 650/2.15 rep.
225 ILCS 650/2.16 rep.
225 ILCS 650/2.17 rep.
225 ILCS 650/2.18 rep.
225 ILCS 650/2.19 rep.
225 ILCS 650/2.20 rep.
225 ILCS 650/2.21 rep.
225 ILCS 650/2.22 rep.
225 ILCS 650/2.23 rep.
225 ILCS 650/2.24 rep.
225 ILCS 650/2.25 rep.
225 ILCS 650/2.26 rep.
225 ILCS 650/2.28 rep.
225 ILCS 650/2.29 rep.
225 ILCS 650/2.30 rep.
225 ILCS 650/2.31 rep.
225 ILCS 650/2.32 rep.
225 ILCS 650/2.33 rep.
225 ILCS 650/2.34 rep.
225 ILCS 650/2.35 rep.
225 ILCS 650/2.36 rep.
225 ILCS 650/2.37 rep.
225 ILCS 650/2.38 rep.
225 ILCS 650/2.39 rep.
225 ILCS 650/2.40 rep.
225 ILCS 650/2.41 rep.
225 ILCS 650/2.42 rep.
225 ILCS 650/2.43 rep.
225 ILCS 650/2.44 rep.
225 ILCS 650/3.1 rep.
225 ILCS 650/4 rep.
225 ILCS 650/19.1 rep.

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