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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6595
Introduced 02/09/04, by Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
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225 ILCS 650/2 |
from Ch. 56 1/2, par. 302 |
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Amends the Meat and Poultry Inspection Act. Makes a technical change in a
Section concerning definitions.
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A BILL FOR
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HB6595 |
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LRB093 19222 RAS 44957 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Meat and Poultry Inspection Act is amended |
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| by changing
Section 2 as follows:
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| (225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
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| Sec. 2.
Definitions
Definitions .
As used in this Act:
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| "Adulterated" means any carcass, or part of a
carcass, meat |
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| or meat food product, or poultry or poultry food product if:
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| (1) it bears or contains any poisonous or deleterious
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| substance which may render it injurious to health, but if |
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| the
substance is not an added substance the article is not
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| adulterated under this paragraph if the quantity of such |
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| substance
in or on the article does not ordinarily render |
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| it injurious to
health;
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| (2) it bears or contains, because of the
administering |
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| of any substance to the live animal, poultry, or
other food |
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| product, any added poisonous or added deleterious |
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| substance
other than (A) a pesticide chemical in or on a |
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| raw agricultural
commodity or (B) a food additive or a |
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| color additive that, in the
judgment of the Director, may |
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| make the article unfit for human
food;
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| (3) it is, in whole or in part, a raw agricultural
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| commodity and the commodity bears or contains a pesticide
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| chemical that is unsafe within the meaning of Section 408 |
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| of the
federal Food, Drug, and Cosmetic Act;
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| (4) it bears or contains any food additive that is
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| unsafe within the meaning of Section 409 of the federal |
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| Food,
Drug, and Cosmetic Act;
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| (5) it bears or contains any color additive which is
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| unsafe within the meaning of Section 706 of the federal |
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| Food,
Drug, and Cosmetic Act, provided that an article that |
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LRB093 19222 RAS 44957 b |
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| is not
adulterated under paragraph (3), (4), or (5) is |
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| nevertheless
adulterated if use of the pesticide chemical, |
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| food additive, or
color additive in or on the article is |
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| prohibited under Section
13 or 16 of this Act;
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| (6) it consists in whole or in part of any filthy,
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| putrid, or decomposed substance or is for any reason |
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| unsound,
unhealthful, unwholesome, or otherwise unfit for |
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| human food;
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| (7) it has been prepared, packed, or held under
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| unsanitary conditions whereby it may have become |
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| contaminated
with filth, or whereby it may have been |
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| rendered injurious to
health;
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| (8) it is, in whole or in part, the product of an |
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| animal
or poultry that has died otherwise than by |
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| slaughter;
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| (9) its container is composed, in whole or in part, of
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| any poisonous or deleterious substance that may render the
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| contents injurious to health;
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| (10) it has been intentionally subjected to radiation,
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| unless the use of the radiation was in conformity with a
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| regulation or exemption under Section 409 of the federal |
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| Food,
Drug, and Cosmetic Act;
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| (11) any valuable constituent has been in whole or in |
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| part
omitted or abstracted from the article; any substance |
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| has
been substituted, wholly or in part; damage or |
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| inferiority has
been concealed in any manner; or any |
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| substance has been added,
mixed, or packed with the article |
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| to increase its bulk or
weight, to reduce its quality or |
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| strength, or to make it appear
better or of greater value |
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| than it is; or
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| (12) it bears or contains sodium benzoate or benzoic |
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| acid
or any combination thereof, except as permitted in |
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| accordance
with the federal meat or poultry programs.
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| "Animals" means cattle, calves, American bison (buffalo),
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| catalo, cattalo, sheep, swine, domestic deer, domestic elk,
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| domestic antelope, domestic reindeer, ratites, water buffalo, |
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| and
goats.
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| "Capable of use as human food" means the carcass of any
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| animal or poultry, or part or product of a carcass of any |
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| animal
or poultry, unless it is denatured to deter its use as |
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| human food
or it is naturally inedible by humans.
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| "Custom processing" means the cutting up, packaging,
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| wrapping, storing, freezing, smoking, or curing of meat or |
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| poultry
products as a service by an establishment for the owner |
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| or the
agent of the owner of the meat or poultry products |
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| exclusively
for use in the household of the owner and his or |
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| her nonpaying guests
and employees
or slaughtering with respect |
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| to live poultry purchased by the consumer at this
establishment |
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| and processed by a custom plant operator in accordance with the
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| consumer's instructions.
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| "Custom slaughter" means the slaughtering, skinning,
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| defeathering, eviscerating, cutting up, packaging, or wrapping |
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| of
animals or poultry as a service by an establishment for the |
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| owner
or the agent of the owner of the animals or poultry |
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| exclusively
for use in the household of the owner and his or |
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| her nonpaying guests
and employees.
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| "Department" means the Department of Agriculture of the
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| State of Illinois.
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| "Director" means, unless otherwise provided, the Director |
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| of
the Department of Agriculture of the State of Illinois or |
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| his or her
duly appointed representative.
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| "Establishment" means all premises where animals,
poultry, |
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| or both, are slaughtered or otherwise prepared either
for |
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| custom, resale, or retail for food purposes, meat or poultry
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| canneries, sausage factories, smoking or curing operations,
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| restaurants, grocery stores, brokerages, cold storage plants,
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| processing plants, and similar places.
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| "Federal Food, Drug, and Cosmetic Act" means the Act
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| approved June 25, 1938 (52 Stat. 1040), as now or hereafter
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| amended.
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| "Federal inspection" means the meat and poultry inspection
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| service conducted by the United States Department of |
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| Agriculture
by the authority of the Federal Meat Inspection Act |
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| and the
Federal Poultry Products Inspection Act.
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| "Federal Meat Inspection Act" means the Act approved March
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| 4, 1907 (34 Stat. 1260), as now or hereafter amended by the
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| Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
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| "Illinois inspected and condemned" means that the meat or
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| poultry product so identified and marked is unhealthful,
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| unwholesome, adulterated, or otherwise unfit for human food and
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| shall be disposed of in the manner prescribed by the |
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| Department.
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| "Illinois inspected and passed" means that the meat or
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| poultry product so stamped and identified has been inspected |
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| and
passed under the provisions of this Act and the rules and
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| regulations pertaining thereto at the time of inspection and
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| identification was found to be sound, clean, wholesome, and
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| unadulterated.
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| "Illinois retained" means that the meat or poultry product
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| so identified is held for further clinical examination by a
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| veterinary inspector to determine its disposal.
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| "Immediate container" means any consumer package or any
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| other container in which livestock products or poultry |
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| products,
not consumer packaged, are packed.
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| "Inspector" means any employee of the Department |
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| authorized
by the Director to inspect animals and poultry or |
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| meat and
poultry products.
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| "Label" means a display of written, printed, or graphic
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| matter upon any article or the immediate container, not |
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| including
package liners, of any article.
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| "Labeling" means all labels and other written, printed, or
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| graphic matter (i) upon any article or any of its containers or
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| wrappers or (ii) accompanying the article.
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| "Meat broker", "poultry broker", or "meat and poultry |
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| broker"
means any person, firm, or corporation engaged in the |
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| business of
buying, negotiating for purchase of, handling or |
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| taking
possession of, or selling meat or poultry products on |
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| commission
or otherwise purchasing or selling of such articles |
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LRB093 19222 RAS 44957 b |
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| other than for
the person's own account in their original
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| containers without changing the character of the products in |
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| any
way. A broker shall not possess any processing equipment in |
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| his
or her licensed facility.
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| "Meat food product" means any product capable of use as
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| human food that is made wholly or in part from any meat or |
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| other
portion of the carcass of any cattle, sheep, swine, or |
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| goats,
except products that contain meat or other portions of |
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| such
carcasses only in a relatively small proportion or |
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| products that historically
have not been considered by |
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| consumers as products of the meat
food industry and that are |
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| exempted from definition as a meat
food product by the Director |
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| under such conditions as the
Director may prescribe to assure |
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| that the meat or other portions
of such carcass contained in |
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| such product are not adulterated and
that such products are not |
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| represented as meat food products.
This term as applied to food |
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| products of equines or domestic deer
shall have a meaning |
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| comparable to that provided in this
definition with respect to |
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| cattle, sheep, swine, and goats.
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| "Misbranded" means any carcass, part thereof, meat or
meat |
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| food product, or poultry or poultry food product if:
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| (1) its labeling is false or misleading in any
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| particular;
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| (2) it is offered for sale under the name of another
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| food;
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| (3) it is an imitation of another food, unless its |
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| label
bears, in type of uniform size and prominence, the |
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| word
"imitation" followed immediately by the name of the |
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| food
imitated;
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| (4) its container is made, formed, or filled so as to |
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| be
misleading;
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| (5) it does not bear a label showing (i) the name and |
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| place
of business of the manufacturer, packer, or |
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| distributor and (ii)
an accurate statement of the quantity |
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| of the contents in terms of
weight, measure, or numerical |
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| count; however, reasonable
variations in such statement of |
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| quantity may be permitted;
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| (6) any word, statement, or other information required |
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| by
or under authority of this Act to appear on the label or |
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| other
labeling is not prominently placed thereon with such
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| conspicuousness as compared with other words, statements,
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| designs, or devices in the labeling and in such terms as to |
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| make
the label likely to be read and understood by the |
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| general public
under customary conditions of purchase and |
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| use;
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| (7) it purports to be or is represented as a food for
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| which a definition and standard of identity or composition |
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| is
prescribed in Sections 13 and 16 of this Act unless (i) |
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| it
conforms to such definition and standard and (ii) its |
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| label bears
the name of the food specified in the |
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| definition and standard
and, as required by such |
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| regulations, the common names of
optional ingredients |
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| other than spices and flavoring present in
such food;
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| (8) it purports to be or is represented as a food for
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| which a standard of fill of container is prescribed in |
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| Section 13
of this Act and it falls below the applicable |
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| standard of fill
of container applicable thereto, unless |
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| its label bears, in such
manner and form as such |
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| regulations specify, a statement that it
falls below such |
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| standard;
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| (9) it is not subject to the provisions of paragraph
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| (7), unless its label bears (i) the common or usual name of |
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| the
food, if any, and (ii) if it is fabricated from 2 or |
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| more
ingredients, the common or usual name of each |
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| ingredient, except
that spices and flavorings may, when |
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| authorized by standards or
regulations adopted in or as |
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| provided by Sections 13 and 16 of
this Act, be designated |
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| as spices and flavorings without naming
each;
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| (10) it purports to be or is represented for special
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| dietary uses, unless its label bears such information |
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| concerning
its vitamin, mineral, and other dietary |
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| properties as determined
by the Secretary of Agriculture of |
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| the United States in order
to fully inform purchasers as to |
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| its value for such uses;
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| (11) it bears or contains any artificial flavoring,
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| artificial coloring, or chemical preservative, unless it |
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| bears
labeling stating that fact or is exempt; or
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| (12) it fails to bear, directly thereon or on its
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| container, the inspection legend and unrestricted by any of |
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| the
foregoing provisions, such other information as |
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| necessary to
assure that it will not have false or |
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| misleading labeling and
that the public will be informed of |
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| the manner of handling
required to maintain the article in |
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| a wholesome condition.
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| "Official establishment" means any establishment as
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| determined by the Director at which inspection of the slaughter
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| of livestock or poultry or the preparation of livestock |
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| products
or poultry products is maintained under the authority |
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| of this
Act.
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| "Official mark of inspection" means the official mark of
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| inspection used to identify the status of any meat product or
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| poultry product or animal under this Act as established by |
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| rule.
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| Prior to the manufacture, a complete and accurate
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| description and design of all the brands, legends, and symbols
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| shall be submitted to the Director for approval as to |
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| compliance
with this Act. Each brand or symbol that bears the |
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| official
mark shall be delivered into the custody of the |
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| inspector in
charge of the establishment and shall be used only |
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| under the
supervision of a Department employee. When not in |
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| use, all such
brands and symbols bearing the official mark of |
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| inspection shall
be secured in a locked locker or compartment, |
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| the keys of which
shall not leave the possession of Department |
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| employees.
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| "Person" means any individual or entity, including, but not
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| limited to, a sole proprietorship, partnership, corporation,
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| cooperative, association, limited liability company,
estate, |
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| or trust.
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| "Pesticide chemical", "food additive", "color additive", |
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| and
"raw agricultural commodity" have the same meanings for |
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| purposes
of this Act as under the federal Food, Drug, and |
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| Cosmetic Act.
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| "Poultry" means domesticated birds or rabbits, or both, |
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| dead
or alive, capable of being used for human food.
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| "Poultry products" means the carcasses or parts of |
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| carcasses
of poultry produced entirely or in substantial part |
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| from such
poultry, including but not limited to such products |
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| cooked,
pressed, smoked, dried, pickled, frozen, or similarly |
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| processed.
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| "Poultry Products Inspection Act" means the Act approved |
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| August
28, 1957 (71 Stat. 441), as now or hereafter amended by |
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| the
Wholesome Poultry Products Act, approved August 18, 1968 |
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| (82 Stat. 791), as now
or hereafter amended.
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| "Poultry Raiser" means any person who raises poultry,
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| including rabbits, on his or her own farm or premises who does |
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| not
qualify as a producer as defined under
this Act.
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| "Processor" means any person engaged in the business of
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| preparing animal food, including poultry, derived wholly or in
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| part from livestock or poultry carcasses or parts or products |
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| of
such carcasses.
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| "Shipping container" means any container used or intended
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| for use in packaging the product packed in an immediate
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| container.
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| "Slaughterer" means an establishment where any or all of |
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| the
following may be performed on animals or poultry: (i) |
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| stunning;
(ii) bleeding; (iii) defeathering, dehairing, or |
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| skinning; (iv)
eviscerating; or (v) preparing carcasses for |
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| chilling.
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| "State inspection" means the meat and poultry inspection
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| service conducted by the Department of Agriculture of the State
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| of Illinois by the authority of this Act.
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| (Source: P.A. 91-170, eff. 1-1-00.)
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