Full Text of HB6287 99th General Assembly
HB6287ham002 99TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 3/10/2016
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| 1 | | AMENDMENT TO HOUSE BILL 6287
| 2 | | AMENDMENT NO. ______. Amend House Bill 6287 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Egg and Egg Products Act is | 5 | | amended by adding Section 3.21a and by changing Sections 6 and | 6 | | 15 as follows: | 7 | | (410 ILCS 615/3.21a new) | 8 | | Sec. 3.21a. "Lot consolidation" means the removal of | 9 | | damaged eggs from consumer labeled cartons and replacement of | 10 | | the damaged eggs with eggs of the same grade, size, sell-by | 11 | | date, brand, lot, and source.
| 12 | | (410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)
| 13 | | Sec. 6. Candling; labeling; sales by producers; retail | 14 | | sales; temperature
requirements. All eggs sold at retail or | 15 | | purchased by institutional
consumers must be candled for |
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| 1 | | quality and graded for size.
| 2 | | A producer may sell on his own premises where eggs are | 3 | | produced,
direct to household consumers, for the consumer's | 4 | | personal use and
that consumer's
non-paying guests, nest run | 5 | | eggs
without candling
or grading those eggs.
| 6 | | All eggs designated for sale off the premises where the | 7 | | entire flock is located,
such as at farmers' markets, and at | 8 | | retail or for institutional use must be
candled and graded and
| 9 | | held in a place or room in which the temperature may not exceed | 10 | | 45 degrees
Fahrenheit after processing. Nest run eggs shall be | 11 | | held at 60 degrees
Fahrenheit or less at all times. During | 12 | | transportation, the egg
temperature may not exceed 45 degrees | 13 | | Fahrenheit.
| 14 | | Hatcheries buying eggs for hatching purposes from | 15 | | producers under
contract may sell their surplus eggs to a | 16 | | licensed packer or handler
provided that the hatchery shall | 17 | | keep records which indicate the
number
of cases sold, the date | 18 | | of sale and the name and address of the packer
or handler | 19 | | making the purchase.
| 20 | | All eggs candled or candled and graded outside the State | 21 | | must meet
Federal standards before they can be sold or offered | 22 | | for sale in the
State. No eggs may be offered for sale for | 23 | | consumer use 45 days or more after the date of candling after | 24 | | the original
30-day candling date .
| 25 | | Each container of eggs offered for sale or sold at | 26 | | wholesale or retail
must be
labeled in accordance with the |
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| 1 | | standards established by the Department
showing grade, size, | 2 | | packer identification, and candling date,
and must be labeled | 3 | | with an
expiration date, or other similar language as specified | 4 | | by USDA standards,
that is
not later than 45 30 days from the | 5 | | candling date
for
grade A eggs and not later than 30 15 days | 6 | | after the candling date for grade AA
eggs.
| 7 | | The grade and size of eggs must be conspicuously marked in | 8 | | bold face
type on all consumer-size containers.
| 9 | | The size and height of lettering or numbering requirement | 10 | | shall be
set by regulation and shall conform as near as | 11 | | possible to those
required by Federal law.
| 12 | | All advertising of shell eggs for sale at retail for a | 13 | | stated price
shall contain the grade and size of the eggs. The | 14 | | information
contained in such advertising shall not be | 15 | | misleading or deceptive.
In cases of food-borne disease | 16 | | outbreaks in which eggs are identified as the
source of the | 17 | | disease, all eggs from the flocks from which those
| 18 | | disease-causing eggs came shall be identified with a producer | 19 | | identification or
flock code number to control the movement of | 20 | | those eggs.
| 21 | | (Source: P.A. 96-1310, eff. 7-27-10.)
| 22 | | (410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)
| 23 | | Sec. 15. Samples; packing methods. | 24 | | (a) The Department shall prescribe
methods in conformity
| 25 | | with the United States Department of Agriculture |
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| 1 | | specifications for selecting
samples of lots, cases or | 2 | | containers of eggs or egg products which shall be
reasonably | 3 | | calculated to produce fair representations of the entire lots | 4 | | or
cases and containers sampled. Any sample taken shall be | 5 | | prima facie evidence
in any court in this State of the true | 6 | | condition of the entire lot, case
or container of eggs or egg | 7 | | products in the examination of which the sample
was taken.
| 8 | | It shall be unlawful for any handler or retailer to pack | 9 | | eggs into
consumer-size
containers other than during the | 10 | | original candling and grading operations
unless the retailer | 11 | | performs a lot consolidation. :
| 12 | | (b) A retailer that wishes to consolidate eggs shall | 13 | | implement and administer a training program for employees that | 14 | | will perform the consolidation as part of their duties. The | 15 | | program shall include, but not be limited to, the following: | 16 | | (1) Laws governing egg lot consolidation: | 17 | | (A) same lot code; | 18 | | (B) same source; | 19 | | (C) same sell-by date; | 20 | | (D) same grade; | 21 | | (E) same size; | 22 | | (F) same brand; | 23 | | (2) temperature requirements; | 24 | | (3) egg is a hazardous food (FDA Guidelines); | 25 | | (4) sanitation; | 26 | | (5) egg quality (USDA guidelines); |
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| 1 | | (6) original packaging requirements (replacement | 2 | | cartons shall not be utilized); and | 3 | | (7) record keeping requirements. | 4 | | (c) Training shall be conducted annually and may be | 5 | | conducted by any means available, including, but not limited | 6 | | to, online, computer, classroom, live trainers, and remote | 7 | | trainers. | 8 | | (d) A copy of the training material must be made available | 9 | | upon request from the Department. A copy of the training | 10 | | material may be kept electronically. | 11 | | (e) Eggs shall be consolidated in a manner consistent with | 12 | | training materials required by subsection (b). | 13 | | (f) Each store shall maintain a record of each egg carton | 14 | | consolidated. The records shall be maintained by the store at | 15 | | the physical location the eggs were consolidated at for a | 16 | | period not less than one year past the last sell-by date on the | 17 | | cartons consolidated. The records must be available for | 18 | | inspection upon request from the Department. The records may be | 19 | | kept electronically. | 20 | | Each lot consolidation shall be documented. The | 21 | | information documented shall include, but not be limited to, | 22 | | the following: | 23 | | (1) date of consolidation; | 24 | | (2) brand; | 25 | | (3) egg size; | 26 | | (4) distributor; |
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| 1 | | (5) USDA plant number; | 2 | | (6) grade; and | 3 | | (7) best-by (sell-by/use-by) date. | 4 | | (g) An Illinois-based egg producer or Illinois-based egg | 5 | | producer-dealer may prohibit its brands from being included in | 6 | | an egg lot consolidation program. Any Illinois-based egg | 7 | | producer or Illinois-based egg producer-dealer that chooses to | 8 | | prohibit its brands from being included in an egg lot | 9 | | consolidation program shall notify a retailer in writing before | 10 | | entering into an agreement to distribute its eggs to the | 11 | | retailer. Producers or producer-dealers with agreements | 12 | | entered into prior to the effective date of this Act shall have | 13 | | 90 days after the effective date of this Act to notify | 14 | | retailers in writing of their choice to prohibit consolidation | 15 | | of their egg brands. | 16 | | Upon notification from an Illinois-based producer or | 17 | | Illinois-based producer dealer, a retailer shall not | 18 | | consolidate those brands.
| 19 | | (a) The loose eggs to be so transferred are in master | 20 | | case
stamped no more than 5 days previous indicating that | 21 | | the size and quality have
been
verified.
| 22 | | (b) The process of transferring is done in a licensed | 23 | | establishment.
| 24 | | (c) (Blank).
| 25 | | (d) The loose eggs to be transferred are reprocessed in | 26 | | the
same manner as nest-run eggs and each egg is recandled |
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| 1 | | for quality and
regraded for size in an establishment | 2 | | recognized as a competent grading
facility by the Director | 3 | | or his authorized representative.
| 4 | | (e) (Blank).
| 5 | | If procedures described in paragraph (a) or (b) of this
| 6 | | Section are executed, the mandatory
labeling as it appears on | 7 | | the master cases with respect to name, address,
grade, size and | 8 | | candling date must be identical to the labeling on the
| 9 | | consumer-size containers into which the eggs are transferred | 10 | | except that
the name and address may be changed, provided that | 11 | | the words "packed
for",
"packed by" or words of similar import | 12 | | do not appear.
| 13 | | (Source: P.A. 92-677, eff. 7-16-02.)".
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