Agriculture & Conservation Committee

Filed: 3/24/2006

 

 


 

 


 
09400SB2841ham001 LRB094 17299 RAS 57281 a

1
AMENDMENT TO SENATE BILL 2841

2     AMENDMENT NO. ______. Amend Senate Bill 2841 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Meat and Poultry Inspection Act is amended
5 by changing Sections 2, 3, and 5.2 as follows:
 
6     (225 ILCS 650/2)  (from Ch. 56 1/2, par. 302)
7     Sec. 2. Definitions. As used in this Act:
8     "Adulterated" means any carcass, or part of a carcass, meat
9 or meat food product, or poultry or poultry food product if:
10         (1) it bears or contains any poisonous or deleterious
11     substance which may render it injurious to health, but if
12     the substance is not an added substance the article is not
13     adulterated under this paragraph if the quantity of such
14     substance in or on the article does not ordinarily render
15     it injurious to health;
16         (2) it bears or contains, because of the administering
17     of any substance to the live animal, poultry, or other food
18     product, any added poisonous or added deleterious
19     substance other than (A) a pesticide chemical in or on a
20     raw agricultural commodity or (B) a food additive or a
21     color additive that, in the judgment of the Director, may
22     make the article unfit for human food;
23         (3) it is, in whole or in part, a raw agricultural
24     commodity and the commodity bears or contains a pesticide

 

 

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1     chemical that is unsafe within the meaning of Section 408
2     of the federal Food, Drug, and Cosmetic Act;
3         (4) it bears or contains any food additive that is
4     unsafe within the meaning of Section 409 of the federal
5     Food, Drug, and Cosmetic Act;
6         (5) it bears or contains any color additive which is
7     unsafe within the meaning of Section 706 of the federal
8     Food, Drug, and Cosmetic Act, provided that an article that
9     is not adulterated under paragraph (3), (4), or (5) is
10     nevertheless adulterated if use of the pesticide chemical,
11     food additive, or color additive in or on the article is
12     prohibited under Section 13 or 16 of this Act;
13         (6) it consists in whole or in part of any filthy,
14     putrid, or decomposed substance or is for any reason
15     unsound, unhealthful, unwholesome, or otherwise unfit for
16     human food;
17         (7) it has been prepared, packed, or held under
18     unsanitary conditions whereby it may have become
19     contaminated with filth, or whereby it may have been
20     rendered injurious to health;
21         (8) it is, in whole or in part, the product of an
22     animal or poultry that has died otherwise than by
23     slaughter;
24         (9) its container is composed, in whole or in part, of
25     any poisonous or deleterious substance that may render the
26     contents injurious to health;
27         (10) it has been intentionally subjected to radiation,
28     unless the use of the radiation was in conformity with a
29     regulation or exemption under Section 409 of the federal
30     Food, Drug, and Cosmetic Act;
31         (11) any valuable constituent has been in whole or in
32     part omitted or abstracted from the article; any substance
33     has been substituted, wholly or in part; damage or
34     inferiority has been concealed in any manner; or any

 

 

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1     substance has been added, mixed, or packed with the article
2     to increase its bulk or weight, to reduce its quality or
3     strength, or to make it appear better or of greater value
4     than it is; or
5         (12) it bears or contains sodium benzoate or benzoic
6     acid or any combination thereof, except as permitted in
7     accordance with the federal meat or poultry programs.
8     "Amenable" means foods containing 3% or more raw, or more
9 than 2% cooked, red meat or poultry, other edible portions of
10 carcass or bird, or products that historically have been
11 considered by customers as products of the meat or poultry
12 industry.
13     "Animals" means cattle, calves, American bison (buffalo),
14 catalo, cattalo, sheep, swine, domestic deer, domestic elk,
15 domestic antelope, domestic reindeer, ratites, water buffalo,
16 and goats.
17     "Capable of use as human food" means the carcass of any
18 animal or poultry, or part or product of a carcass of any
19 animal or poultry, unless it is denatured to deter its use as
20 human food or it is naturally inedible by humans.
21     "Custom processing" means the cutting up, packaging,
22 wrapping, storing, freezing, smoking, or curing of meat or
23 poultry products as a service by an establishment for the owner
24 or the agent of the owner of the meat or poultry products
25 exclusively for use in the household of the owner and his or
26 her nonpaying guests and employees or slaughtering with respect
27 to live poultry purchased by the consumer at this establishment
28 and processed by a custom plant operator in accordance with the
29 consumer's instructions.
30     "Custom slaughter" means the slaughtering, skinning,
31 defeathering, eviscerating, cutting up, packaging, or wrapping
32 of animals or poultry as a service by an establishment for the
33 owner or the agent of the owner of the animals or poultry
34 exclusively for use in the household of the owner and his or

 

 

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1 her nonpaying guests and employees.
2     "Department" means the Department of Agriculture of the
3 State of Illinois.
4     "Director" means, unless otherwise provided, the Director
5 of the Department of Agriculture of the State of Illinois or
6 his or her duly appointed representative.
7     "Establishment" means all premises where animals, poultry,
8 or both, are slaughtered or otherwise prepared either for
9 custom, resale, or retail for food purposes, meat or poultry
10 canneries, sausage factories, smoking or curing operations,
11 restaurants, grocery stores, brokerages, cold storage plants,
12 processing plants, and similar places.
13     "Federal Food, Drug, and Cosmetic Act" means the Act
14 approved June 25, 1938 (52 Stat. 1040), as now or hereafter
15 amended.
16     "Federal inspection" means the meat and poultry inspection
17 service conducted by the United States Department of
18 Agriculture by the authority of the Federal Meat Inspection Act
19 and the Federal Poultry Products Inspection Act.
20     "Federal Meat Inspection Act" means the Act approved March
21 4, 1907 (34 Stat. 1260), as now or hereafter amended by the
22 Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
23     "Illinois inspected and condemned" means that the meat or
24 poultry product so identified and marked is unhealthful,
25 unwholesome, adulterated, or otherwise unfit for human food and
26 shall be disposed of in the manner prescribed by the
27 Department.
28     "Illinois inspected and passed" means that the meat or
29 poultry product so stamped and identified has been inspected
30 and passed under the provisions of this Act and the rules and
31 regulations pertaining thereto at the time of inspection and
32 identification was found to be sound, clean, wholesome, and
33 unadulterated.
34     "Illinois retained" means that the meat or poultry product

 

 

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1 so identified is held for further clinical examination by a
2 veterinary inspector to determine its disposal.
3     "Immediate container" means any consumer package or any
4 other container in which livestock products or poultry
5 products, not consumer packaged, are packed.
6     "Inspector" means any employee of the Department
7 authorized by the Director to inspect animals and poultry or
8 meat and poultry products.
9     "Label" means a display of written, printed, or graphic
10 matter upon any article or the immediate container, not
11 including package liners, of any article.
12     "Labeling" means all labels and other written, printed, or
13 graphic matter (i) upon any article or any of its containers or
14 wrappers or (ii) accompanying the article.
15     "Meat broker", "poultry broker", or "meat and poultry
16 broker" means any person, firm, or corporation engaged in the
17 business of buying, negotiating for purchase of, handling or
18 taking possession of, or selling meat or poultry products on
19 commission or otherwise purchasing or selling of such articles
20 other than for the person's own account in their original
21 containers without changing the character of the products in
22 any way. A broker shall not possess any processing equipment in
23 his or her licensed facility.
24     "Meat food product" means any product capable of use as
25 human food that is made wholly or in part from any meat or
26 other portion of the carcass of any cattle, sheep, swine, or
27 goats, except products that contain meat or other portions of
28 such carcasses only in a relatively small proportion or
29 products that historically have not been considered by
30 consumers as products of the meat food industry and that are
31 exempted from definition as a meat food product by the Director
32 under such conditions as the Director may prescribe to assure
33 that the meat or other portions of such carcass contained in
34 such product are not adulterated and that such products are not

 

 

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1 represented as meat food products. This term as applied to food
2 products of equines or domestic deer shall have a meaning
3 comparable to that provided in this definition with respect to
4 cattle, sheep, swine, and goats.
5     "Misbranded" means any carcass, part thereof, meat or meat
6 food product, or poultry or poultry food product if:
7         (1) its labeling is false or misleading in any
8     particular;
9         (2) it is offered for sale under the name of another
10     food;
11         (3) it is an imitation of another food, unless its
12     label bears, in type of uniform size and prominence, the
13     word "imitation" followed immediately by the name of the
14     food imitated;
15         (4) its container is made, formed, or filled so as to
16     be misleading;
17         (5) it does not bear a label showing (i) the name and
18     place of business of the manufacturer, packer, or
19     distributor and (ii) an accurate statement of the quantity
20     of the contents in terms of weight, measure, or numerical
21     count; however, reasonable variations in such statement of
22     quantity may be permitted;
23         (6) any word, statement, or other information required
24     by or under authority of this Act to appear on the label or
25     other labeling is not prominently placed thereon with such
26     conspicuousness as compared with other words, statements,
27     designs, or devices in the labeling and in such terms as to
28     make the label likely to be read and understood by the
29     general public under customary conditions of purchase and
30     use;
31         (7) it purports to be or is represented as a food for
32     which a definition and standard of identity or composition
33     is prescribed in Sections 13 and 16 of this Act unless (i)
34     it conforms to such definition and standard and (ii) its

 

 

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1     label bears the name of the food specified in the
2     definition and standard and, as required by such
3     regulations, the common names of optional ingredients
4     other than spices and flavoring present in such food;
5         (8) it purports to be or is represented as a food for
6     which a standard of fill of container is prescribed in
7     Section 13 of this Act and it falls below the applicable
8     standard of fill of container applicable thereto, unless
9     its label bears, in such manner and form as such
10     regulations specify, a statement that it falls below such
11     standard;
12         (9) it is not subject to the provisions of paragraph
13     (7), unless its label bears (i) the common or usual name of
14     the food, if any, and (ii) if it is fabricated from 2 or
15     more ingredients, the common or usual name of each
16     ingredient, except that spices and flavorings may, when
17     authorized by standards or regulations adopted in or as
18     provided by Sections 13 and 16 of this Act, be designated
19     as spices and flavorings without naming each;
20         (10) it purports to be or is represented for special
21     dietary uses, unless its label bears such information
22     concerning its vitamin, mineral, and other dietary
23     properties as determined by the Secretary of Agriculture of
24     the United States in order to fully inform purchasers as to
25     its value for such uses;
26         (11) it bears or contains any artificial flavoring,
27     artificial coloring, or chemical preservative, unless it
28     bears labeling stating that fact or is exempt; or
29         (12) it fails to bear, directly thereon or on its
30     container, the inspection legend and unrestricted by any of
31     the foregoing provisions, such other information as
32     necessary to assure that it will not have false or
33     misleading labeling and that the public will be informed of
34     the manner of handling required to maintain the article in

 

 

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1     a wholesome condition.
2     "Official establishment" means any establishment as
3 determined by the Director at which inspection of the slaughter
4 of livestock or poultry or the preparation of livestock
5 products or poultry products is maintained under the authority
6 of this Act.
7     "Official mark of inspection" means the official mark of
8 inspection used to identify the status of any meat product or
9 poultry product or animal under this Act as established by
10 rule.
11     Prior to the manufacture, a complete and accurate
12 description and design of all the brands, legends, and symbols
13 shall be submitted to the Director for approval as to
14 compliance with this Act. Each brand or symbol that bears the
15 official mark shall be delivered into the custody of the
16 inspector in charge of the establishment and shall be used only
17 under the supervision of a Department employee. When not in
18 use, all such brands and symbols bearing the official mark of
19 inspection shall be secured in a locked locker or compartment,
20 the keys of which shall not leave the possession of Department
21 employees.
22     "Person" means any individual or entity, including, but not
23 limited to, a sole proprietorship, partnership, corporation,
24 cooperative, association, limited liability company, estate,
25 or trust.
26     "Pesticide chemical", "food additive", "color additive",
27 and "raw agricultural commodity" have the same meanings for
28 purposes of this Act as under the federal Food, Drug, and
29 Cosmetic Act.
30     "Poultry" means domesticated birds or rabbits, or both,
31 dead or alive, capable of being used for human food.
32     "Poultry products" means the carcasses or parts of
33 carcasses of poultry produced entirely or in substantial part
34 from such poultry, including but not limited to such products

 

 

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1 cooked, pressed, smoked, dried, pickled, frozen, or similarly
2 processed.
3     "Poultry Products Inspection Act" means the Act approved
4 August 28, 1957 (71 Stat. 441), as now or hereafter amended by
5 the Wholesome Poultry Products Act, approved August 18, 1968
6 (82 Stat. 791), as now or hereafter amended.
7     "Poultry Raiser" means any person who raises poultry,
8 including rabbits, on his or her own farm or premises who does
9 not qualify as a producer as defined under this Act.
10     "Processor" means any person engaged in the business of
11 preparing animal food from animals, including poultry, derived
12 wholly or in part from livestock or poultry carcasses or parts
13 or products of such carcasses.
14     "Shipping container" means any container used or intended
15 for use in packaging the product packed in an immediate
16 container.
17     "Slaughterer" means an establishment where any or all of
18 the following may be performed on animals or poultry: (i)
19 stunning; (ii) bleeding; (iii) defeathering, dehairing, or
20 skinning; (iv) eviscerating; or (v) preparing carcasses for
21 chilling.
22     "State inspection" means the meat and poultry inspection
23 service conducted by the Department of Agriculture of the State
24 of Illinois by the authority of this Act.
25 (Source: P.A. 91-170, eff. 1-1-00.)
 
26     (225 ILCS 650/3)  (from Ch. 56 1/2, par. 303)
27     Sec. 3. Licenses.
28     (a) No person shall operate an establishment as defined in
29 Section 2 or act as a broker as defined in Section 2 without
30 first securing a license from the Department except as
31 otherwise exempted.
32     (b) The following annual fees shall accompany each license
33 application for the license year from July 1 to June 30 or any

 

 

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1 part thereof. These fees are non-refundable.
2         Meatbroker,   Poultry  broker  or  Meat  and  Poultry
3     broker ..............................................$50
4         Type I Establishment - Processor, Slaughterer, or
5     Processor and Slaughterer of Meat, Poultry or Meat and
6     Poultry .................................................$50
7         Type II Establishment - Processor, Slaughterer, or
8     Processor and Slaughterer of Meat, Poultry or Meat and
9     Poultry .................................................$50
10 Application for licenses shall be made to the Department in
11 writing on forms prescribed by the Department.
12     (c) The license issued shall be in such form as the
13 Department prescribes, shall be under the seal of the
14 Department and shall contain the name of the licensee, the
15 location for which the license is issued, the type of
16 operation, the period of the license, and such other
17 information as the Department requires. The original license or
18 a certified copy of it shall be conspicuously displayed by the
19 licensee in the establishment.
20     (d) Failure to meet all of the conditions to retain a
21 license may result in a denial of a renewal of a license. The
22 licensee may request an administrative hearing to dispute the
23 denial of renewal, after which the Director shall enter an
24 order either renewing or refusing to renew the license.
25     (e) A penalty of $50 shall be assessed if renewal license
26 applications are not received by July 1 of each year and
27 establishment operations shall be discontinued until payment
28 is received in full.
29 (Source: P.A. 90-655, eff. 7-30-98; 91-170, eff. 1-1-00.)
 
30     (225 ILCS 650/5.2)
31     Sec. 5.2. Type II licenses.
32     (a) Type II establishments licensed under this Act for
33 custom slaughtering and custom processing shall:

 

 

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1         (1) Be permitted to receive, for processing, meat
2     products and poultry products from animals and poultry
3     slaughtered by the owner or for the owner for his or her
4     own personal use or for use by his or her household.
5         (2) Be permitted to receive live animals and poultry
6     presented by the owner to be slaughtered and processed for
7     the owner's own personal use or for use by his or her
8     household.
9         (3) Be permitted to receive, for processing, inspected
10     meat products and inspected poultry products for the
11     owner's own personal use or for use by his or her
12     household.
13         (4) Stamp the words "NOT FOR SALE-NOT INSPECTED" in
14     letters at least 3/8 inches in height on all carcasses of
15     animals and immediate poultry product containers for
16     poultry slaughtered in such establishment and on all meat
17     products and immediate poultry product containers for
18     poultry products processed in that establishment.
19         (5) Conspicuously display a license issued by the
20     Department and bearing the words "NO SALES PERMITTED".
21         (6) Keep a record of the name and address of the owner
22     of each carcass or portion thereof received in such
23     licensed establishment, the date received, and the dressed
24     weight. Such records shall be maintained for at least one
25     year and shall be available, during reasonable hours, for
26     inspection by Department personnel.
27     (b) No custom slaughterer or custom processor shall engage
28 in the business of buying or selling any poultry or meat
29 products capable of use as human food, or slaughter of any
30 animals or poultry intended for sale.
31 (Source: P.A. 91-170, eff. 1-1-00.)".