SB3167 99TH GENERAL ASSEMBLY

LRB099 20763 MJP 45427 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3167

Introduced 2/19/2016, by Sen. John G. Mulroe

SYNOPSIS AS INTRODUCED:

410 ILCS 615/3.21a new
410 ILCS 615/3.29a new
410 ILCS 615/6	from Ch. 56 1/2, par. 55-6
410 ILCS 615/15	from Ch. 56 1/2, par. 55-15

Amends the Illinois Egg and Egg Products Act. Defines "lot consolidation" and "registered lot consolidator". Provides that no eggs may be offered for sale for consumer use 45 days or more after candling (rather than after the original 30-day candling date). Extends the expiration date labeling requirement for grade A and AA eggs to no later than 45 days after candling. Removes provisions concerning the repackaging of eggs for sale to consumers. Provides that eggs may be repackaged only when the retailer performs a lot consolidation where the lot consolidation is performed by or under the supervision of a registered lot consolidator. Adds provisions concerning the training and registration of lot consolidators. Requires that stores wishing to consolidate egg lots retain a physical copy of the registered lot consolidator's registration document and maintain Egg Lot Consolidation Log form. Provides that eggs shall be consolidated in a manner consistent with the specified training, every lot consolidation shall be documented using an Egg Lot Consolidation Log form, and that registered lot consolidators shall work at one physical location only.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 6 and 15 and by adding Sections 3.21a and 3.29a as follows:

(410 ILCS 615/3.21a new)

Sec. 3.21a. "Lot consolidation" means the removal of damaged eggs from consumer labeled cartons and replacement of the damaged eggs with eggs of the same grade, size, sell-by date, brand, lot, and source.

(410 ILCS 615/3.29a new)

Sec. 3.29a. "Registered lot consolidator" means a person who has successfully completed a training course in lot consolidation approved by the Department and who is registered with the Department.

(410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)

Sec. 6. Candling; labeling; sales by producers; retail sales; temperature requirements. All eggs sold at retail or purchased by institutional consumers must be candled for quality and graded for size.

A producer may sell on his own premises where eggs are produced, direct to household consumers, for the consumer's personal use and that consumer's non-paying guests, nest run eggs without candling or grading those eggs.

All eggs designated for sale off the premises where the entire flock is located, such as at farmers' markets, and at retail or for institutional use must be candled and graded and held in a place or room in which the temperature may not exceed 45 degrees Fahrenheit after processing. Nest run eggs shall be held at 60 degrees Fahrenheit or less at all times. During transportation, the egg temperature may not exceed 45 degrees Fahrenheit.

Hatcheries buying eggs for hatching purposes from producers under contract may sell their surplus eggs to a licensed packer or handler provided that the hatchery shall keep records which indicate the number of cases sold, the date of sale and the name and address of the packer or handler making the purchase.

All eggs candled or candled and graded outside the State must meet Federal standards before they can be sold or offered for sale in the State. No eggs may be offered for sale for consumer use 45 days or more after the date of candling after the original 30-day candling date.

Each container of eggs offered for sale or sold at wholesale or retail must be labeled in accordance with the standards established by the Department showing grade, size, packer identification, and candling date, and must be labeled with an expiration date, or other similar language as specified by USDA standards, that is not later than 45 30 days from the candling date for grade A eggs and not later than 45 15 days after the candling date for grade AA eggs.

The grade and size of eggs must be conspicuously marked in bold face type on all consumer-size containers.

The size and height of lettering or numbering requirement shall be set by regulation and shall conform as near as possible to those required by Federal law.

All advertising of shell eggs for sale at retail for a stated price shall contain the grade and size of the eggs. The information contained in such advertising shall not be misleading or deceptive. In cases of food-borne disease outbreaks in which eggs are identified as the source of the disease, all eggs from the flocks from which those disease-causing eggs came shall be identified with a producer identification or flock code number to control the movement of those eggs.

(Source: P.A. 96-1310, eff. 7-27-10.)

(410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)

Sec. 15. Samples; packing methods.

(a) The Department shall prescribe methods in conformity with the United States Department of Agriculture specifications for selecting samples of lots, cases or containers of eggs or egg products which shall be reasonably calculated to produce fair representations of the entire lots or cases and containers sampled. Any sample taken shall be prima facie evidence in any court in this State of the true condition of the entire lot, case or container of eggs or egg products in the examination of which the sample was taken.

It shall be unlawful for any handler or retailer to pack eggs into consumer-size containers other than during the original candling and grading operations unless the retailer performs a lot consolidation where the lot consolidation is performed by or under the supervision of a registered lot consolidator. :

(b) A person may become registered to consolidate egg lots after having attended a training course approved by the Department. Training courses shall be approved by the Department if the course includes training on the following:

(1) Laws governing egg lot consolidation:

(A) same lot code;

(B) same source;

(C) same sell-by date;

(D) same grade;

(E) same size;

(F) same brand;

(2) temperature requirements;

(3) egg is a hazardous food (FDA Guidelines);

(4) sanitation;

(5) registration requirements;

(6) egg quality (USDA guidelines);

(7) original packaging requirements, (replacement cartons shall not be utilized); and

(8) Egg Lot Consolidation Log forms.

Training materials and topics shall be submitted in writing to the Department at least 90 days prior to the proposed training date. The Department shall review and approve the training material within 30 days of submittal.

(c) A registered lot consolidator registration is valid for a period of one year from the completion of the approved training.

The fee for a registered lot consolidator registration is $50. The fee shall be included with the registered lot consolidator registration form when the form is submitted to the Department.

Registration under this subsection (c) is independent of any other license and shall follow the individual.

(d) Each store location wishing to consolidate egg lots shall maintain a physical copy of the registration document of the store's registered lot consolidator.

Each store shall maintain an Egg Lot Consolidation Log form. This form shall be maintained by the store at the physical location the eggs were consolidated for a period not less than 30 days past the last sell-by date on the cartons consolidated. The Egg Lot Consolidation Log form shall be provided by the Department.

(e) Eggs shall be consolidated in a manner consistent with training materials required by subsection (b). Each lot consolidation shall be documented using an Egg Lot Consolidation Log form. A registered lot consolidator shall work at one physical store location only.

(a) The loose eggs to be so transferred are in master case stamped no more than 5 days previous indicating that the size and quality have been verified.

(b) The process of transferring is done in a licensed establishment.

(c) (Blank).

(d) The loose eggs to be transferred are reprocessed in the same manner as nest-run eggs and each egg is recandled for quality and regraded for size in an establishment recognized as a competent grading facility by the Director or his authorized representative.

(e) (Blank).

If procedures described in paragraph (a) or (b) of this Section are executed, the mandatory labeling as it appears on the master cases with respect to name, address, grade, size and candling date must be identical to the labeling on the consumer-size containers into which the eggs are transferred except that the name and address may be changed, provided that the words "packed for", "packed by" or words of similar import do not appear.

(Source: P.A. 92-677, eff. 7-16-02.)