Full Text of SB3167 99th General Assembly
SB3167 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB3167 Introduced 2/19/2016, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED: |
| 410 ILCS 615/3.21a new | | 410 ILCS 615/3.29a new | | 410 ILCS 615/6 | from Ch. 56 1/2, par. 55-6 | 410 ILCS 615/15 | from Ch. 56 1/2, par. 55-15 |
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Amends the Illinois Egg and Egg Products Act. Defines "lot consolidation" and "registered lot consolidator". Provides that no eggs may be offered for sale for consumer use 45 days or more after candling (rather than after the original 30-day candling date). Extends the expiration date labeling requirement for grade A and AA eggs to no later than 45 days after candling. Removes provisions concerning the repackaging of eggs for sale to consumers. Provides that eggs may be repackaged only when the retailer performs a lot consolidation where the lot consolidation is performed by or under the supervision of a registered lot consolidator. Adds provisions concerning the training and registration of lot consolidators. Requires that stores wishing to consolidate egg lots retain a physical copy of the registered lot consolidator's registration document and maintain Egg Lot Consolidation Log form. Provides that eggs shall be consolidated in a manner consistent with the specified training, every lot consolidation shall be documented using an Egg Lot Consolidation Log form, and that registered lot consolidators shall work at one physical location only.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Egg and Egg Products Act is amended | 5 | | by changing Sections 6 and 15 and by adding Sections 3.21a and | 6 | | 3.29a 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 615/3.29a new) | 13 | | Sec. 3.29a. "Registered lot consolidator" means a person | 14 | | who has successfully completed a training course in lot | 15 | | consolidation approved by the Department and who is registered | 16 | | with the Department.
| 17 | | (410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)
| 18 | | Sec. 6. Candling; labeling; sales by producers; retail | 19 | | sales; temperature
requirements. All eggs sold at retail or | 20 | | purchased by institutional
consumers must be candled for | 21 | | quality and graded for size.
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| 1 | | A producer may sell on his own premises where eggs are | 2 | | produced,
direct to household consumers, for the consumer's | 3 | | personal use and
that consumer's
non-paying guests, nest run | 4 | | eggs
without candling
or grading those eggs.
| 5 | | All eggs designated for sale off the premises where the | 6 | | entire flock is located,
such as at farmers' markets, and at | 7 | | retail or for institutional use must be
candled and graded and
| 8 | | held in a place or room in which the temperature may not exceed | 9 | | 45 degrees
Fahrenheit after processing. Nest run eggs shall be | 10 | | held at 60 degrees
Fahrenheit or less at all times. During | 11 | | transportation, the egg
temperature may not exceed 45 degrees | 12 | | Fahrenheit.
| 13 | | Hatcheries buying eggs for hatching purposes from | 14 | | producers under
contract may sell their surplus eggs to a | 15 | | licensed packer or handler
provided that the hatchery shall | 16 | | keep records which indicate the
number
of cases sold, the date | 17 | | of sale and the name and address of the packer
or handler | 18 | | making the purchase.
| 19 | | All eggs candled or candled and graded outside the State | 20 | | must meet
Federal standards before they can be sold or offered | 21 | | for sale in the
State. No eggs may be offered for sale for | 22 | | consumer use 45 days or more after the date of candling after | 23 | | the original
30-day candling date .
| 24 | | Each container of eggs offered for sale or sold at | 25 | | wholesale or retail
must be
labeled in accordance with the | 26 | | standards established by the Department
showing grade, size, |
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| 1 | | packer identification, and candling date,
and must be labeled | 2 | | with an
expiration date, or other similar language as specified | 3 | | by USDA standards,
that is
not later than 45 30 days from the | 4 | | candling date
for
grade A eggs and not later than 45 15 days | 5 | | after the candling date for grade AA
eggs.
| 6 | | The grade and size of eggs must be conspicuously marked in | 7 | | bold face
type on all consumer-size containers.
| 8 | | The size and height of lettering or numbering requirement | 9 | | shall be
set by regulation and shall conform as near as | 10 | | possible to those
required by Federal law.
| 11 | | All advertising of shell eggs for sale at retail for a | 12 | | stated price
shall contain the grade and size of the eggs. The | 13 | | information
contained in such advertising shall not be | 14 | | misleading or deceptive.
In cases of food-borne disease | 15 | | outbreaks in which eggs are identified as the
source of the | 16 | | disease, all eggs from the flocks from which those
| 17 | | disease-causing eggs came shall be identified with a producer | 18 | | identification or
flock code number to control the movement of | 19 | | those eggs.
| 20 | | (Source: P.A. 96-1310, eff. 7-27-10.)
| 21 | | (410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)
| 22 | | Sec. 15. Samples; packing methods. | 23 | | (a) The Department shall prescribe
methods in conformity
| 24 | | with the United States Department of Agriculture | 25 | | specifications for selecting
samples of lots, cases or |
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| 1 | | containers of eggs or egg products which shall be
reasonably | 2 | | calculated to produce fair representations of the entire lots | 3 | | or
cases and containers sampled. Any sample taken shall be | 4 | | prima facie evidence
in any court in this State of the true | 5 | | condition of the entire lot, case
or container of eggs or egg | 6 | | products in the examination of which the sample
was taken.
| 7 | | It shall be unlawful for any handler or retailer to pack | 8 | | eggs into
consumer-size
containers other than during the | 9 | | original candling and grading operations
unless the retailer | 10 | | performs a lot consolidation where the lot consolidation is | 11 | | performed by or under the supervision of a registered lot | 12 | | consolidator. :
| 13 | | (b) A person may become registered to consolidate egg lots | 14 | | after having attended a training course approved by the | 15 | | Department. Training courses shall be approved by the | 16 | | Department if the course includes training on the following: | 17 | | (1) Laws governing egg lot consolidation: | 18 | | (A) same lot code; | 19 | | (B) same source; | 20 | | (C) same sell-by date; | 21 | | (D) same grade; | 22 | | (E) same size; | 23 | | (F) same brand; | 24 | | (2) temperature requirements; | 25 | | (3) egg is a hazardous food (FDA Guidelines); | 26 | | (4) sanitation; |
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| 1 | | (5) registration requirements; | 2 | | (6) egg quality (USDA guidelines); | 3 | | (7) original packaging requirements, (replacement | 4 | | cartons shall not be utilized); and | 5 | | (8) Egg Lot Consolidation Log forms. | 6 | | Training materials and topics shall be submitted in writing | 7 | | to the Department at least 90 days prior to the proposed | 8 | | training date. The Department shall review and approve the | 9 | | training material within 30 days of submittal. | 10 | | (c) A registered lot consolidator registration is valid for | 11 | | a period of one year from the completion of the approved | 12 | | training. | 13 | | The fee for a registered lot consolidator registration is | 14 | | $50. The fee shall be included with the registered lot | 15 | | consolidator registration form when the form is submitted to | 16 | | the Department. | 17 | | Registration under this subsection (c) is independent of | 18 | | any other license and shall follow the individual. | 19 | | (d) Each store location wishing to consolidate egg lots | 20 | | shall maintain a physical copy of the registration document of | 21 | | the store's registered lot consolidator. | 22 | | Each store shall maintain an Egg Lot Consolidation Log | 23 | | form. This form shall be maintained by the store at the | 24 | | physical location the eggs were consolidated for a period not | 25 | | less than 30 days past the last sell-by date on the cartons | 26 | | consolidated. The Egg Lot Consolidation Log form shall be |
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| 1 | | provided by the Department. | 2 | | (e) Eggs shall be consolidated in a manner consistent with | 3 | | training materials required by subsection (b). Each lot | 4 | | consolidation shall be documented using an Egg Lot | 5 | | Consolidation Log form. A registered lot consolidator shall | 6 | | work at one physical store location only.
| 7 | | (a) The loose eggs to be so transferred are in master | 8 | | case
stamped no more than 5 days previous indicating that | 9 | | the size and quality have
been
verified.
| 10 | | (b) The process of transferring is done in a licensed | 11 | | establishment.
| 12 | | (c) (Blank).
| 13 | | (d) The loose eggs to be transferred are reprocessed in | 14 | | the
same manner as nest-run eggs and each egg is recandled | 15 | | for quality and
regraded for size in an establishment | 16 | | recognized as a competent grading
facility by the Director | 17 | | or his authorized representative.
| 18 | | (e) (Blank).
| 19 | | If procedures described in paragraph (a) or (b) of this
| 20 | | Section are executed, the mandatory
labeling as it appears on | 21 | | the master cases with respect to name, address,
grade, size and | 22 | | candling date must be identical to the labeling on the
| 23 | | consumer-size containers into which the eggs are transferred | 24 | | except that
the name and address may be changed, provided that | 25 | | the words "packed
for",
"packed by" or words of similar import | 26 | | do not appear.
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| 1 | | (Source: P.A. 92-677, eff. 7-16-02.)
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