Illinois General Assembly - Full Text of SB2841
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Full Text of SB2841  94th General Assembly

SB2841enr 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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
25     chemical that is unsafe within the meaning of Section 408
26     of the federal Food, Drug, and Cosmetic Act;
27         (4) it bears or contains any food additive that is
28     unsafe within the meaning of Section 409 of the federal
29     Food, Drug, and Cosmetic Act;
30         (5) it bears or contains any color additive which is
31     unsafe within the meaning of Section 706 of the federal
32     Food, Drug, and Cosmetic Act, provided that an article that

 

 

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1     is not adulterated under paragraph (3), (4), or (5) is
2     nevertheless adulterated if use of the pesticide chemical,
3     food additive, or color additive in or on the article is
4     prohibited under Section 13 or 16 of this Act;
5         (6) it consists in whole or in part of any filthy,
6     putrid, or decomposed substance or is for any reason
7     unsound, unhealthful, unwholesome, or otherwise unfit for
8     human food;
9         (7) it has been prepared, packed, or held under
10     unsanitary conditions whereby it may have become
11     contaminated with filth, or whereby it may have been
12     rendered injurious to health;
13         (8) it is, in whole or in part, the product of an
14     animal or poultry that has died otherwise than by
15     slaughter;
16         (9) its container is composed, in whole or in part, of
17     any poisonous or deleterious substance that may render the
18     contents injurious to health;
19         (10) it has been intentionally subjected to radiation,
20     unless the use of the radiation was in conformity with a
21     regulation or exemption under Section 409 of the federal
22     Food, Drug, and Cosmetic Act;
23         (11) any valuable constituent has been in whole or in
24     part omitted or abstracted from the article; any substance
25     has been substituted, wholly or in part; damage or
26     inferiority has been concealed in any manner; or any
27     substance has been added, mixed, or packed with the article
28     to increase its bulk or weight, to reduce its quality or
29     strength, or to make it appear better or of greater value
30     than it is; or
31         (12) it bears or contains sodium benzoate or benzoic
32     acid or any combination thereof, except as permitted in
33     accordance with the federal meat or poultry programs.
34     "Amenable" means foods containing 3% or more raw, or more
35 than 2% cooked, red meat or poultry, other edible portions of
36 carcass or bird, or products that historically have been

 

 

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1 considered by customers as products of the meat or poultry
2 industry.
3     "Animals" means cattle, calves, American bison (buffalo),
4 catalo, cattalo, sheep, swine, domestic deer, domestic elk,
5 domestic antelope, domestic reindeer, ratites, water buffalo,
6 and goats.
7     "Capable of use as human food" means the carcass of any
8 animal or poultry, or part or product of a carcass of any
9 animal or poultry, unless it is denatured to deter its use as
10 human food or it is naturally inedible by humans.
11     "Custom processing" means the cutting up, packaging,
12 wrapping, storing, freezing, smoking, or curing of meat or
13 poultry products as a service by an establishment for the owner
14 or the agent of the owner of the meat or poultry products
15 exclusively for use in the household of the owner and his or
16 her nonpaying guests and employees or slaughtering with respect
17 to live poultry purchased by the consumer at this establishment
18 and processed by a custom plant operator in accordance with the
19 consumer's instructions.
20     "Custom slaughter" means the slaughtering, skinning,
21 defeathering, eviscerating, cutting up, packaging, or wrapping
22 of animals or poultry as a service by an establishment for the
23 owner or the agent of the owner of the animals or poultry
24 exclusively for use in the household of the owner and his or
25 her nonpaying guests and employees.
26     "Department" means the Department of Agriculture of the
27 State of Illinois.
28     "Director" means, unless otherwise provided, the Director
29 of the Department of Agriculture of the State of Illinois or
30 his or her duly appointed representative.
31     "Establishment" means all premises where animals, poultry,
32 or both, are slaughtered or otherwise prepared either for
33 custom, resale, or retail for food purposes, meat or poultry
34 canneries, sausage factories, smoking or curing operations,
35 restaurants, grocery stores, brokerages, cold storage plants,
36 processing plants, and similar places.

 

 

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1     "Federal Food, Drug, and Cosmetic Act" means the Act
2 approved June 25, 1938 (52 Stat. 1040), as now or hereafter
3 amended.
4     "Federal inspection" means the meat and poultry inspection
5 service conducted by the United States Department of
6 Agriculture by the authority of the Federal Meat Inspection Act
7 and the Federal Poultry Products Inspection Act.
8     "Federal Meat Inspection Act" means the Act approved March
9 4, 1907 (34 Stat. 1260), as now or hereafter amended by the
10 Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
11     "Illinois inspected and condemned" means that the meat or
12 poultry product so identified and marked is unhealthful,
13 unwholesome, adulterated, or otherwise unfit for human food and
14 shall be disposed of in the manner prescribed by the
15 Department.
16     "Illinois inspected and passed" means that the meat or
17 poultry product so stamped and identified has been inspected
18 and passed under the provisions of this Act and the rules and
19 regulations pertaining thereto at the time of inspection and
20 identification was found to be sound, clean, wholesome, and
21 unadulterated.
22     "Illinois retained" means that the meat or poultry product
23 so identified is held for further clinical examination by a
24 veterinary inspector to determine its disposal.
25     "Immediate container" means any consumer package or any
26 other container in which livestock products or poultry
27 products, not consumer packaged, are packed.
28     "Inspector" means any employee of the Department
29 authorized by the Director to inspect animals and poultry or
30 meat and poultry products.
31     "Label" means a display of written, printed, or graphic
32 matter upon any article or the immediate container, not
33 including package liners, of any article.
34     "Labeling" means all labels and other written, printed, or
35 graphic matter (i) upon any article or any of its containers or
36 wrappers or (ii) accompanying the article.

 

 

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1     "Meat broker", "poultry broker", or "meat and poultry
2 broker" means any person, firm, or corporation engaged in the
3 business of buying, negotiating for purchase of, handling or
4 taking possession of, or selling meat or poultry products on
5 commission or otherwise purchasing or selling of such articles
6 other than for the person's own account in their original
7 containers without changing the character of the products in
8 any way. A broker shall not possess any processing equipment in
9 his or her licensed facility.
10     "Meat food product" means any product capable of use as
11 human food that is made wholly or in part from any meat or
12 other portion of the carcass of any cattle, sheep, swine, or
13 goats, except products that contain meat or other portions of
14 such carcasses only in a relatively small proportion or
15 products that historically have not been considered by
16 consumers as products of the meat food industry and that are
17 exempted from definition as a meat food product by the Director
18 under such conditions as the Director may prescribe to assure
19 that the meat or other portions of such carcass contained in
20 such product are not adulterated and that such products are not
21 represented as meat food products. This term as applied to food
22 products of equines or domestic deer shall have a meaning
23 comparable to that provided in this definition with respect to
24 cattle, sheep, swine, and goats.
25     "Misbranded" means any carcass, part thereof, meat or meat
26 food product, or poultry or poultry food product if:
27         (1) its labeling is false or misleading in any
28     particular;
29         (2) it is offered for sale under the name of another
30     food;
31         (3) it is an imitation of another food, unless its
32     label bears, in type of uniform size and prominence, the
33     word "imitation" followed immediately by the name of the
34     food imitated;
35         (4) its container is made, formed, or filled so as to
36     be misleading;

 

 

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1         (5) it does not bear a label showing (i) the name and
2     place of business of the manufacturer, packer, or
3     distributor and (ii) an accurate statement of the quantity
4     of the contents in terms of weight, measure, or numerical
5     count; however, reasonable variations in such statement of
6     quantity may be permitted;
7         (6) any word, statement, or other information required
8     by or under authority of this Act to appear on the label or
9     other labeling is not prominently placed thereon with such
10     conspicuousness as compared with other words, statements,
11     designs, or devices in the labeling and in such terms as to
12     make the label likely to be read and understood by the
13     general public under customary conditions of purchase and
14     use;
15         (7) it purports to be or is represented as a food for
16     which a definition and standard of identity or composition
17     is prescribed in Sections 13 and 16 of this Act unless (i)
18     it conforms to such definition and standard and (ii) its
19     label bears the name of the food specified in the
20     definition and standard and, as required by such
21     regulations, the common names of optional ingredients
22     other than spices and flavoring present in such food;
23         (8) it purports to be or is represented as a food for
24     which a standard of fill of container is prescribed in
25     Section 13 of this Act and it falls below the applicable
26     standard of fill of container applicable thereto, unless
27     its label bears, in such manner and form as such
28     regulations specify, a statement that it falls below such
29     standard;
30         (9) it is not subject to the provisions of paragraph
31     (7), unless its label bears (i) the common or usual name of
32     the food, if any, and (ii) if it is fabricated from 2 or
33     more ingredients, the common or usual name of each
34     ingredient, except that spices and flavorings may, when
35     authorized by standards or regulations adopted in or as
36     provided by Sections 13 and 16 of this Act, be designated

 

 

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1     as spices and flavorings without naming each;
2         (10) it purports to be or is represented for special
3     dietary uses, unless its label bears such information
4     concerning its vitamin, mineral, and other dietary
5     properties as determined by the Secretary of Agriculture of
6     the United States in order to fully inform purchasers as to
7     its value for such uses;
8         (11) it bears or contains any artificial flavoring,
9     artificial coloring, or chemical preservative, unless it
10     bears labeling stating that fact or is exempt; or
11         (12) it fails to bear, directly thereon or on its
12     container, the inspection legend and unrestricted by any of
13     the foregoing provisions, such other information as
14     necessary to assure that it will not have false or
15     misleading labeling and that the public will be informed of
16     the manner of handling required to maintain the article in
17     a wholesome condition.
18     "Official establishment" means any establishment as
19 determined by the Director at which inspection of the slaughter
20 of livestock or poultry or the preparation of livestock
21 products or poultry products is maintained under the authority
22 of this Act.
23     "Official mark of inspection" means the official mark of
24 inspection used to identify the status of any meat product or
25 poultry product or animal under this Act as established by
26 rule.
27     Prior to the manufacture, a complete and accurate
28 description and design of all the brands, legends, and symbols
29 shall be submitted to the Director for approval as to
30 compliance with this Act. Each brand or symbol that bears the
31 official mark shall be delivered into the custody of the
32 inspector in charge of the establishment and shall be used only
33 under the supervision of a Department employee. When not in
34 use, all such brands and symbols bearing the official mark of
35 inspection shall be secured in a locked locker or compartment,
36 the keys of which shall not leave the possession of Department

 

 

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1 employees.
2     "Person" means any individual or entity, including, but not
3 limited to, a sole proprietorship, partnership, corporation,
4 cooperative, association, limited liability company, estate,
5 or trust.
6     "Pesticide chemical", "food additive", "color additive",
7 and "raw agricultural commodity" have the same meanings for
8 purposes of this Act as under the federal Food, Drug, and
9 Cosmetic Act.
10     "Poultry" means domesticated birds or rabbits, or both,
11 dead or alive, capable of being used for human food.
12     "Poultry products" means the carcasses or parts of
13 carcasses of poultry produced entirely or in substantial part
14 from such poultry, including but not limited to such products
15 cooked, pressed, smoked, dried, pickled, frozen, or similarly
16 processed.
17     "Poultry Products Inspection Act" means the Act approved
18 August 28, 1957 (71 Stat. 441), as now or hereafter amended by
19 the Wholesome Poultry Products Act, approved August 18, 1968
20 (82 Stat. 791), as now or hereafter amended.
21     "Poultry Raiser" means any person who raises poultry,
22 including rabbits, on his or her own farm or premises who does
23 not qualify as a producer as defined under this Act.
24     "Processor" means any person engaged in the business of
25 preparing animal food from animals, including poultry, derived
26 wholly or in part from livestock or poultry carcasses or parts
27 or products of such carcasses.
28     "Shipping container" means any container used or intended
29 for use in packaging the product packed in an immediate
30 container.
31     "Slaughterer" means an establishment where any or all of
32 the following may be performed on animals or poultry: (i)
33 stunning; (ii) bleeding; (iii) defeathering, dehairing, or
34 skinning; (iv) eviscerating; or (v) preparing carcasses for
35 chilling.
36     "State inspection" means the meat and poultry inspection

 

 

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1 service conducted by the Department of Agriculture of the State
2 of Illinois by the authority of this Act.
3 (Source: P.A. 91-170, eff. 1-1-00.)
 
4     (225 ILCS 650/3)  (from Ch. 56 1/2, par. 303)
5     Sec. 3. Licenses.
6     (a) No person shall operate an establishment as defined in
7 Section 2 or act as a broker as defined in Section 2 without
8 first securing a license from the Department except as
9 otherwise exempted.
10     (b) The following annual fees shall accompany each license
11 application for the license year from July 1 to June 30 or any
12 part thereof. These fees are non-refundable.
13         Meatbroker,   Poultry  broker  or  Meat  and  Poultry
14     broker ..............................................$50
15         Type I Establishment - Processor, Slaughterer, or
16     Processor and Slaughterer of Meat, Poultry or Meat and
17     Poultry .................................................$50
18         Type II Establishment - Processor, Slaughterer, or
19     Processor and Slaughterer of Meat, Poultry or Meat and
20     Poultry .................................................$50
21 Application for licenses shall be made to the Department in
22 writing on forms prescribed by the Department.
23     (c) The license issued shall be in such form as the
24 Department prescribes, shall be under the seal of the
25 Department and shall contain the name of the licensee, the
26 location for which the license is issued, the type of
27 operation, the period of the license, and such other
28 information as the Department requires. The original license or
29 a certified copy of it shall be conspicuously displayed by the
30 licensee in the establishment.
31     (d) Failure to meet all of the conditions to retain a
32 license may result in a denial of a renewal of a license. The
33 licensee may request an administrative hearing to dispute the
34 denial of renewal, after which the Director shall enter an
35 order either renewing or refusing to renew the license.

 

 

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1     (e) A penalty of $50 shall be assessed if renewal license
2 applications are not received by July 1 of each year and
3 establishment operations shall be discontinued until payment
4 is received in full.
5 (Source: P.A. 90-655, eff. 7-30-98; 91-170, eff. 1-1-00.)
 
6     (225 ILCS 650/5.2)
7     Sec. 5.2. Type II licenses.
8     (a) Type II establishments licensed under this Act for
9 custom slaughtering and custom processing shall:
10         (1) Be permitted to receive, for processing, meat
11     products and poultry products from animals and poultry
12     slaughtered by the owner or for the owner for his or her
13     own personal use or for use by his or her household.
14         (2) Be permitted to receive live animals and poultry
15     presented by the owner to be slaughtered and processed for
16     the owner's own personal use or for use by his or her
17     household.
18         (3) Be permitted to receive, for processing, inspected
19     meat products and inspected poultry products for the
20     owner's own personal use or for use by his or her
21     household.
22         (4) Stamp the words "NOT FOR SALE-NOT INSPECTED" in
23     letters at least 3/8 inches in height on all carcasses of
24     animals and immediate poultry product containers for
25     poultry slaughtered in such establishment and on all meat
26     products and immediate poultry product containers for
27     poultry products processed in that establishment.
28         (5) Conspicuously display a license issued by the
29     Department and bearing the words "NO SALES PERMITTED".
30         (6) Keep a record of the name and address of the owner
31     of each carcass or portion thereof received in such
32     licensed establishment, the date received, and the dressed
33     weight. Such records shall be maintained for at least one
34     year and shall be available, during reasonable hours, for
35     inspection by Department personnel.

 

 

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1     (b) No custom slaughterer or custom processor shall engage
2 in the business of buying or selling any poultry or meat
3 products capable of use as human food, or slaughter of any
4 animals or poultry intended for sale.
5 (Source: P.A. 91-170, eff. 1-1-00.)