HB5323 94TH GENERAL ASSEMBLY

LRB094 19062 RAS 54564 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5323

Introduced 01/26/06, by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

225 ILCS 650/5

from Ch. 56 1/2, par. 305

Amends the Meat and Poultry Inspection Act. Exempts from the Act caterers that serve consumers directly or deliver to consumers or facilities licensed by local and county health departments, with respect to processed foods that are approved by the the USDA, and that do not process any raw meats. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Meat and Poultry Inspection Act is amended by changing Section 5 as follows:

(225 ILCS 650/5) (from Ch. 56 1/2, par. 305)

Sec. 5. Exemptions - Producers, Retailers, and Poultry Raisers, and Caterers.

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.

(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.

(B) 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 5,000 poultry during the calendar year for which this exemption is being granted; (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.

(C) Caterers that serve consumers directly or deliver to consumers or facilities licensed by local and county health departments, such as child care facilities and schools, with respect to processed foods that are approved by the the USDA, and that do not process any raw meats.

(Source: P.A. 91-170, eff. 1-1-00; 91-614, eff. 1-1-00; 92-16, eff. 6-28-01.)

Section 99. Effective date. This Act takes effect upon becoming law.