Illinois General Assembly - Full Text of HB4933
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Full Text of HB4933  99th General Assembly



State of Illinois
2015 and 2016


Introduced , by Rep. Jim Durkin - John D. Cavaletto


225 ILCS 650/2  from Ch. 56 1/2, par. 302

    Amends the Meat and Poultry Inspection Act. Makes a technical change in a Section concerning definitions.

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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Meat and Poultry Inspection Act is amended
5by changing Section 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
9or 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 the substance is not an added substance the article is
13    not adulterated under this paragraph if the quantity of
14    such substance in or on the article does not ordinarily
15    render 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



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



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1    contents injurious to health;
2        (10) it has been intentionally subjected to radiation,
3    unless the use of the radiation was in conformity with a
4    regulation or exemption under Section 409 of the federal
5    Food, Drug, and Cosmetic Act;
6        (11) any valuable constituent has been in whole or in
7    part omitted or abstracted from the article; any substance
8    has been substituted, wholly or in part; damage or
9    inferiority has been concealed in any manner; or any
10    substance has been added, mixed, or packed with the article
11    to increase its bulk or weight, to reduce its quality or
12    strength, or to make it appear better or of greater value
13    than it is; or
14        (12) it bears or contains sodium benzoate or benzoic
15    acid or any combination thereof, except as permitted in
16    accordance with the federal meat or poultry programs.
17    "Amenable" means foods containing 3% or more raw, or more
18than 2% cooked, red meat or poultry, other edible portions of
19carcass or bird, or products that historically have been
20considered by customers as products of the meat or poultry
22    "Animals" means cattle, calves, American bison (buffalo),
23catalo, cattalo, sheep, swine, domestic deer, domestic elk,
24domestic antelope, domestic reindeer, ratites, water buffalo,
25and goats.
26    "Capable of use as human food" means the carcass of any



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1animal or poultry, or part or product of a carcass of any
2animal or poultry, unless it is denatured to deter its use as
3human food or it is naturally inedible by humans.
4    "Custom processing" means the cutting up, packaging,
5wrapping, storing, freezing, smoking, or curing of meat or
6poultry products as a service by an establishment for the owner
7or the agent of the owner of the meat or poultry products
8exclusively for use in the household of the owner and his or
9her nonpaying guests and employees or slaughtering with respect
10to live poultry purchased by the consumer at this establishment
11and processed by a custom plant operator in accordance with the
12consumer's instructions.
13    "Custom slaughter" means the slaughtering, skinning,
14defeathering, eviscerating, cutting up, packaging, or wrapping
15of animals or poultry as a service by an establishment for the
16owner or the agent of the owner of the animals or poultry
17exclusively for use in the household of the owner and his or
18her nonpaying guests and employees.
19    "Department" means the Department of Agriculture of the
20State of Illinois.
21    "Director" means, unless otherwise provided, the Director
22of the Department of Agriculture of the State of Illinois or
23his or her duly appointed representative.
24    "Establishment" means all premises where animals, poultry,
25or both, are slaughtered or otherwise prepared either for
26custom, resale, or retail for food purposes, meat or poultry



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1canneries, sausage factories, smoking or curing operations,
2restaurants, grocery stores, brokerages, cold storage plants,
3processing plants, and similar places.
4    "Federal Food, Drug, and Cosmetic Act" means the Act
5approved June 25, 1938 (52 Stat. 1040), as now or hereafter
7    "Federal inspection" means the meat and poultry inspection
8service conducted by the United States Department of
9Agriculture by the authority of the Federal Meat Inspection Act
10and the Federal Poultry Products Inspection Act.
11    "Federal Meat Inspection Act" means the Act approved March
124, 1907 (34 Stat. 1260), as now or hereafter amended by the
13Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
14    "Illinois inspected and condemned" means that the meat or
15poultry product so identified and marked is unhealthful,
16unwholesome, adulterated, or otherwise unfit for human food and
17shall be disposed of in the manner prescribed by the
19    "Illinois inspected and passed" means that the meat or
20poultry product so stamped and identified has been inspected
21and passed under the provisions of this Act and the rules and
22regulations pertaining thereto at the time of inspection and
23identification was found to be sound, clean, wholesome, and
25    "Illinois retained" means that the meat or poultry product
26so identified is held for further clinical examination by a



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



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1such carcasses only in a relatively small proportion or
2products that historically have not been considered by
3consumers as products of the meat food industry and that are
4exempted from definition as a meat food product by the Director
5under such conditions as the Director may prescribe to assure
6that the meat or other portions of such carcass contained in
7such product are not adulterated and that such products are not
8represented as meat food products. This term as applied to food
9products of equines or domestic deer shall have a meaning
10comparable to that provided in this definition with respect to
11cattle, sheep, swine, and goats.
12    "Misbranded" means any carcass, part thereof, meat or meat
13food product, or poultry or poultry food product if:
14        (1) its labeling is false or misleading in any
15    particular;
16        (2) it is offered for sale under the name of another
17    food;
18        (3) it is an imitation of another food, unless its
19    label bears, in type of uniform size and prominence, the
20    word "imitation" followed immediately by the name of the
21    food imitated;
22        (4) its container is made, formed, or filled so as to
23    be misleading;
24        (5) it does not bear a label showing (i) the name and
25    place of business of the manufacturer, packer, or
26    distributor and (ii) an accurate statement of the quantity



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1    of the contents in terms of weight, measure, or numerical
2    count; however, reasonable variations in such statement of
3    quantity may be permitted;
4        (6) any word, statement, or other information required
5    by or under authority of this Act to appear on the label or
6    other labeling is not prominently placed thereon with such
7    conspicuousness as compared with other words, statements,
8    designs, or devices in the labeling and in such terms as to
9    make the label likely to be read and understood by the
10    general public under customary conditions of purchase and
11    use;
12        (7) it purports to be or is represented as a food for
13    which a definition and standard of identity or composition
14    is prescribed in Sections 13 and 16 of this Act unless (i)
15    it conforms to such definition and standard and (ii) its
16    label bears the name of the food specified in the
17    definition and standard and, as required by such
18    regulations, the common names of optional ingredients
19    other than spices and flavoring present in such food;
20        (8) it purports to be or is represented as a food for
21    which a standard of fill of container is prescribed in
22    Section 13 of this Act and it falls below the applicable
23    standard of fill of container applicable thereto, unless
24    its label bears, in such manner and form as such
25    regulations specify, a statement that it falls below such
26    standard;



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1        (9) it is not subject to the provisions of paragraph
2    (7), unless its label bears (i) the common or usual name of
3    the food, if any, and (ii) if it is fabricated from 2 or
4    more ingredients, the common or usual name of each
5    ingredient, except that spices and flavorings may, when
6    authorized by standards or regulations adopted in or as
7    provided by Sections 13 and 16 of this Act, be designated
8    as spices and flavorings without naming each;
9        (10) it purports to be or is represented for special
10    dietary uses, unless its label bears such information
11    concerning its vitamin, mineral, and other dietary
12    properties as determined by the Secretary of Agriculture of
13    the United States in order to fully inform purchasers as to
14    its value for such uses;
15        (11) it bears or contains any artificial flavoring,
16    artificial coloring, or chemical preservative, unless it
17    bears labeling stating that fact or is exempt; or
18        (12) it fails to bear, directly thereon or on its
19    container, the inspection legend and unrestricted by any of
20    the foregoing provisions, such other information as
21    necessary to assure that it will not have false or
22    misleading labeling and that the public will be informed of
23    the manner of handling required to maintain the article in
24    a wholesome condition.
25    "Official establishment" means any establishment as
26determined by the Director at which inspection of the slaughter



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



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1    "Poultry" means domesticated birds or rabbits, or both,
2dead or alive, capable of being used for human food.
3    "Poultry products" means the carcasses or parts of
4carcasses of poultry produced entirely or in substantial part
5from such poultry, including but not limited to such products
6cooked, pressed, smoked, dried, pickled, frozen, or similarly
8    "Poultry Products Inspection Act" means the Act approved
9August 28, 1957 (71 Stat. 441), as now or hereafter amended by
10the Wholesome Poultry Products Act, approved August 18, 1968
11(82 Stat. 791), as now or hereafter amended.
12    "Poultry Raiser" means any person who raises poultry,
13including rabbits, on his or her own farm or premises who does
14not qualify as a producer as defined under this Act.
15    "Processor" means any person engaged in the business of
16preparing food from animals, including poultry, derived wholly
17or in part from livestock or poultry carcasses or parts or
18products of such carcasses.
19    "Shipping container" means any container used or intended
20for use in packaging the product packed in an immediate
22    "Slaughterer" means an establishment where any or all of
23the following may be performed on animals or poultry: (i)
24stunning; (ii) bleeding; (iii) defeathering, dehairing, or
25skinning; (iv) eviscerating; or (v) preparing carcasses for



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1    "State inspection" means the meat and poultry inspection
2service conducted by the Department of Agriculture of the State
3of Illinois by the authority of this Act.
4(Source: P.A. 94-1052, eff. 1-1-07.)