Full Text of HB2783 98th General Assembly
HB2783enr 98TH GENERAL ASSEMBLY |
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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 9, 16.5, and 16.7 and by adding Sections | 6 | | 16.6 and 16.9 as follows:
| 7 | | (410 ILCS 615/9) (from Ch. 56 1/2, par. 55-9)
| 8 | | Sec. 9. Licenses; fees. The Department shall issue a | 9 | | license to any
person upon
receipt and approval of a proper | 10 | | application and the required nonrefundable fee. The
license fee | 11 | | and classification of the license shall be established by
rule.
| 12 | | A license must be obtained for each separate business | 13 | | location and
this license shall be posted in a conspicuous | 14 | | place at the
location for
which it was purchased. Licenses are | 15 | | non-transferable.
| 16 | | The application for an initial license may be filed at any | 17 | | time prior to
beginning business as an egg handler. The | 18 | | licensing year for an egg license
shall be July 1 through June | 19 | | 30. The egg license shall expire at the end of
the licensing | 20 | | year.
| 21 | | A penalty of $50 shall be assessed for any renewal license | 22 | | not renewed by July 1 of the year in which the license renewal | 23 | | is due. This penalty shall be assessed in addition to the |
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| 1 | | license fee.
| 2 | | (Source: P.A. 96-1310, eff. 7-27-10.)
| 3 | | (410 ILCS 615/16.5)
| 4 | | Sec. 16.5. Violations; administrative monetary penalties. | 5 | | The Director is
authorized to hold administrative hearings to | 6 | | determine violations of this Act
or the Department's rules and | 7 | | regulations adopted under this Act. After
finding that a | 8 | | violation has occurred, the Director may impose administrative
| 9 | | monetary penalties as follows:
| 10 | | (1) Against a licensee who sells or offers for sale | 11 | | non-inspected frozen,
liquid, or dried egg products:
| 12 | | (A) $500 for a first violation.
| 13 | | (B) $1,000 for a second violation within 2 years | 14 | | after the first
violation.
| 15 | | (C) $2,000 for a third or subsequent violation | 16 | | within 2 years after the
immediately preceding | 17 | | violation.
| 18 | | (2) Against a licensee who makes a false, deceptive, or | 19 | | misleading
statement, representation, or assertion | 20 | | concerning the quality, size, weight,
or condition of, or | 21 | | any other matter relating to advertising and selling, eggs
| 22 | | and egg products: | 23 | | (A) $200 for a first violation.
| 24 | | (B) $500 for a second violation within 2 years | 25 | | after the first
violation. |
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| 1 | | (C) $1,000 for a third or subsequent violation | 2 | | within 2 years after the
immediately preceding | 3 | | violation.
| 4 | | (3) Against a licensee who furnishes an invoice, | 5 | | statement, or bill
showing
a standard of size, standard of | 6 | | quality, representation of freshness, or any
other | 7 | | description of eggs or egg products that is false, | 8 | | deceptive, or
misleading in any particular:
| 9 | | (A) $200 for a first violation.
| 10 | | (B) $500 for a second violation within 2 years | 11 | | after the first
violation. | 12 | | (C) $1,000 for a third or subsequent violation | 13 | | within 2 years after the
immediately preceding | 14 | | violation.
| 15 | | (4) Against any person who resists, hinders, | 16 | | obstructs, or in any way
interferes with any officer, | 17 | | inspector, or employee of the Department in the
discharge | 18 | | of his or her duties under the provisions of this Act, | 19 | | $300.
| 20 | | (5) Against any person who buys, sells, trades, or | 21 | | barters eggs in this
State without having obtained a | 22 | | license, $300.
| 23 | | (6) For all other violations:
| 24 | | (A) $200 for a first violation.
| 25 | | (B) $400 for a second violation within 2 years | 26 | | after the first
violation.
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| 1 | | (C) $600 for a third or subsequent violation within | 2 | | 2 years after the
immediately preceding violation.
| 3 | | (7) Against any person who sells or wholesales eggs, | 4 | | who has been notified pursuant to the notification | 5 | | provision in this Section, to any person or business not | 6 | | licensed by the Department who buys, sells, trades, or | 7 | | traffics in eggs in this State: | 8 | | (A) $200 for a first violation. | 9 | | (B) $500 for a second violation within 2 years | 10 | | after the first. | 11 | | (C) $1,000 for a third or subsequent violation | 12 | | within 2 years after the immediately preceding | 13 | | violation. | 14 | | The Department shall notify any person who sells or | 15 | | wholesales eggs to any person or business not licensed by the | 16 | | Department who buys, sells, trades, or traffics eggs in this | 17 | | State that he or she may not sell, trade, or traffic eggs with | 18 | | the non-licensed person or business. A copy of the notice shall | 19 | | be either served personally or served by registered or | 20 | | certified mail on the person who sells or wholesales eggs. | 21 | | Proof of service of the notice shall be made by affidavit of | 22 | | the person making personal service or by the registered or | 23 | | certified mail receipt. | 24 | | A penalty not paid within 60 days after it is due may be | 25 | | submitted to the Attorney General's office or an approved | 26 | | private collection agency for collection. |
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| 1 | | (Source: P.A. 96-1310, eff. 7-27-10.)
| 2 | | (410 ILCS 615/16.6 new) | 3 | | Sec. 16.6. Violations; penalties. Any person knowingly | 4 | | violating this Act or any rule or order of the Department | 5 | | issued pursuant to this Act shall be guilty of a Class C | 6 | | misdemeanor. Each day of violation constitutes a separate | 7 | | offense.
In the event the person violating this Act or any rule | 8 | | or order issued pursuant to the Act is a corporation or | 9 | | partnership, any officer, director, manager, or managerial | 10 | | agent of the corporation or partnership who violates this Act | 11 | | or causes the corporation or partnership to violate this Act is | 12 | | guilty of a Class C misdemeanor. | 13 | | (410 ILCS 615/16.7) | 14 | | Sec. 16.7. Suspension and revocation of license. | 15 | | (a) The Director may suspend a license if the Department | 16 | | has reason to believe that any one or more of the following has | 17 | | occurred: | 18 | | (1) A licensee has made a material misstatement in an | 19 | | application for an original or renewal license under this | 20 | | Act. | 21 | | (2) A licensee has violated this Act or any rules | 22 | | adopted under this Act, and the violation or pattern of | 23 | | violations indicates a danger to public health. | 24 | | (3) A licensee has aided or abetted another in the |
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| 1 | | violation of this Act or any rule adopted under this Act, | 2 | | and the violation or pattern of violations indicates a | 3 | | danger to public health. | 4 | | (4) A licensee has allowed his or her license to be | 5 | | used by an unlicensed person. | 6 | | (5) A licensee has been convicted of a felony violation | 7 | | of this Act or any crime an essential element of which is | 8 | | misstatement, fraud, or dishonesty. | 9 | | (6) A licensee has made a false, deceptive, or | 10 | | misleading statement, representation, or assertion | 11 | | concerning the quality, size, weight, or condition of, or | 12 | | any other matter relating to advertising and selling of, | 13 | | eggs and egg products. | 14 | | (7) A licensee has failed to possess the necessary | 15 | | qualifications or to meet the requirements of this Act for | 16 | | the issuance or holding of a license. | 17 | | (8) Failure to pay any fine or fee assessed by the | 18 | | Department within 60 days after the date the fine or fee | 19 | | was levied or otherwise due. | 20 | | (b) Within 10 days after suspending a person's license, the | 21 | | Department must commence an administrative hearing to | 22 | | determine whether to reinstate or revoke the license. After the | 23 | | Department schedules the administrative hearing, but no later | 24 | | than 5 days before the scheduled hearing date, the Department | 25 | | shall serve on the licensee written notice of the date, place, | 26 | | and time of the hearing. The Department may serve this notice |
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| 1 | | by personal service on the licensee or by registered or | 2 | | certified mail, return receipt requested, to the licensee's | 3 | | place of business. After the hearing, the Director shall issue | 4 | | an order either reinstating or revoking the license.
| 5 | | (Source: P.A. 96-1310, eff. 7-27-10.) | 6 | | (410 ILCS 615/16.9 new) | 7 | | Sec. 16.9. Termination of application; forfeiture of | 8 | | license fee. Failure of any applicant to meet all of the | 9 | | requirements for compliance within 60 days after receipt of a | 10 | | license application shall result in termination of the | 11 | | application and forfeiture of the license fee.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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