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90_SB1707
SEE INDEX
Amends the Meat and Poultry Inspection Act. Deletes all
definitions in the Act and replaces them with new
definitions. Provides that failure to meet conditions to
retain a license may result in denial of a renewal of the
license. Provides a $50 penalty for late filing of a license
renewal application. Repeals provisions concerning
nonresident applicants for license and provisions concerning
municipal inspection. Provides that a Type I establishment
shall develop certain sanitation procedures and conduct a
hazard analysis and develop and validate a HACCP plan before
being granted or renewing official inspection. Requires that
a Type I establishment must get Department approval before it
may handle wild game. Deletes provisions concerning
administration of the Act. Deletes provisions requiring a
person employed by an establishment to adhere to certain
cleanliness standards. Removes provisions providing that
only persons specifically designated by the operator of an
establishment may handle meat or poultry products. Raises
the penalty for slaughtering for human food condemned animals
or poultry from a Class A misdemeanor to a Class 4 felony.
Provides that all Type I licensed establishments shall be
conducted under inspections and during approved hours.
Removes the prohibition against failure to disclose a
specified definition of the yield grade when a yield grade is
advertised and against failure to furnish a buyer with a
complete and accurate signed statement at the time of
delivery showing the net weight of meat delivered to the
buyer. Deletes provisions concerning reports by the Director
to the State's Attorney. Makes other changes.
LRB9007910LDdv
LRB9007910LDdv
1 AN ACT to amend the Meat and Poultry Inspection Act.
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
5 amended by changing Sections 2, 3, 5, 8, 9, 10, 11, 13, 14,
6 15, 16.1, 19, and 19.2 and adding Sections 5.1, 5.2, and
7 19.01 as follows:
8 (225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
9 Sec. 2. Definitions. As used in this Act:
10 "Adulterated" means any carcass, or part of a carcass,
11 meat or meat food product, or poultry or poultry food product
12 if:
13 (1) it bears or contains any poisonous or
14 deleterious substance which may render it injurious to
15 health, but if the substance is not an added substance
16 the article is not adulterated under this paragraph if
17 the quantity of such substance in or on the article does
18 not ordinarily render it injurious to health;
19 (2) it bears or contains, because of the
20 administering of any substance to the live animal,
21 poultry, or other food product, any added poisonous or
22 added deleterious substance other than (A) a pesticide
23 chemical in or on a raw agricultural commodity or (B) a
24 food additive or a color additive that, in the judgment
25 of the Director, may make the article unfit for human
26 food;
27 (3) it is, in whole or in part, a raw agricultural
28 commodity and the commodity bears or contains a pesticide
29 chemical that is unsafe within the meaning of Section 408
30 of the federal Food, Drug, and Cosmetic Act;
31 (4) it bears or contains any food additive that is
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1 unsafe within the meaning of Section 409 of the federal
2 Food, Drug, and Cosmetic Act;
3 (5) it bears or contains any color additive which
4 is unsafe within the meaning of Section 706 of the
5 federal Food, Drug, and Cosmetic Act, provided that an
6 article that is not adulterated under paragraph (3), (4),
7 or (5) is nevertheless adulterated if use of the
8 pesticide chemical, food additive, or color additive in
9 or on the article is prohibited under Section 13 or 16 of
10 this Act;
11 (6) it consists in whole or in part of any filthy,
12 putrid, or decomposed substance or is for any reason
13 unsound, unhealthful, unwholesome, or otherwise unfit for
14 human food;
15 (7) it has been prepared, packed, or held under
16 unsanitary conditions whereby it may have become
17 contaminated with filth, or whereby it may have been
18 rendered injurious to health;
19 (8) it is, in whole or in part, the product of an
20 animal or poultry that has died otherwise than by
21 slaughter;
22 (9) its container is composed, in whole or in part,
23 of any poisonous or deleterious substance that may render
24 the contents injurious to health;
25 (10) it has been intentionally subjected to
26 radiation, unless the use of the radiation was in
27 conformity with a regulation or exemption under Section
28 409 of the federal Food, Drug, and Cosmetic Act;
29 (11) any valuable constituent has been in whole or
30 in part omitted or abstracted from the article; any
31 substance has been substituted, wholly or in part; damage
32 or inferiority has been concealed in any manner; or any
33 substance has been added, mixed, or packed with the
34 article to increase its bulk or weight, to reduce its
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1 quality or strength, or to make it appear better or of
2 greater value than it is; or
3 (12) it bears or contains sodium benzoate or
4 benzoic acid or any combination thereof, except as
5 permitted in accordance with the federal meat or poultry
6 programs.
7 "Animals" means cattle, calves, American bison (buffalo),
8 catalo, cattalo, sheep, swine, domestic deer, domestic elk,
9 domestic antelope, domestic reindeer, ratites, water buffalo,
10 and goats.
11 "Capable of use as human food" means the carcass of any
12 animal or poultry, or part or product of a carcass of any
13 animal or poultry, unless it is denatured to deter its use as
14 human food or it is naturally inedible by humans.
15 "Custom processing" means the cutting up, packaging,
16 wrapping, storing, freezing, smoking, or curing of meat or
17 poultry products as a service by an establishment for the
18 owner or the agent of the owner of the meat or poultry
19 products exclusively for use in the household of the owner
20 and his or her nonpaying guests and employees.
21 "Custom slaughter" means the slaughtering, skinning,
22 defeathering, eviscerating, cutting up, packaging, or
23 wrapping of animals or poultry as a service by an
24 establishment for the owner or the agent of the owner of the
25 animals or poultry exclusively for use in the household of
26 the owner and his or her nonpaying guests and employees.
27 "Department" means the Department of Agriculture of the
28 State of Illinois.
29 "Director" means, unless otherwise provided, the Director
30 of the Department of Agriculture of the State of Illinois or
31 his or her duly appointed representative.
32 "Establishment" means all premises where animals,
33 poultry, or both, are slaughtered or otherwise prepared
34 either for custom, resale, or retail for food purposes, meat
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1 or poultry canneries, sausage factories, smoking or curing
2 operations, restaurants, grocery stores, brokerages, cold
3 storage plants, processing plants, and similar places.
4 "Federal Food, Drug, and Cosmetic Act" means the Act
5 approved June 25, 1938 (52 Stat. 1040), as now or hereafter
6 amended.
7 "Federal inspection" means the meat and poultry
8 inspection service conducted by the United States Department
9 of Agriculture by the authority of the Federal Meat
10 Inspection Act and the Federal Poultry Products Inspection
11 Act.
12 "Federal Meat Inspection Act" means the Act approved
13 March 4, 1907 (34 Stat. 1260), as now or hereafter amended by
14 the Wholesome Meat Act (81 Stat. 584), as now or hereafter
15 amended.
16 "Illinois inspected and condemned" means that the meat or
17 poultry product so identified and marked is unhealthful,
18 unwholesome, adulterated, or otherwise unfit for human food
19 and shall be disposed of in the manner prescribed by the
20 Department.
21 "Illinois inspected and passed" means that the meat or
22 poultry product so stamped and identified has been inspected
23 and passed under the provisions of this Act and the rules and
24 regulations pertaining thereto at the time of inspection and
25 identification was found to be sound, clean, wholesome, and
26 unadulterated.
27 "Illinois retained" means that the meat or poultry
28 product so identified is held for further clinical
29 examination by a veterinary inspector to determine its
30 disposal.
31 "Immediate container" means any consumer package or any
32 other container in which livestock products or poultry
33 products, not consumer packaged, are packed.
34 "Inspector" means any employee of the Department
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1 authorized by the Director to inspect animals and poultry or
2 meat and poultry products.
3 "Label" means a display of written, printed, or graphic
4 matter upon any article or the immediate container, not
5 including package liners, of any article.
6 "Labeling" means all labels and other written, printed,
7 or graphic matter (i) upon any article or any of its
8 containers or wrappers or (ii) accompanying the article.
9 "Meat broker", "poultry broker", or "meat and poultry
10 broker" means any person, firm, or corporation engaged in the
11 business of buying, negotiating for purchase of, handling or
12 taking possession of, or selling meat or poultry products on
13 commission or otherwise purchasing or selling of such
14 articles other than for the person's own account in their
15 original containers without changing the character of the
16 products in any way. A broker shall not possess any
17 processing equipment in his or her licensed facility.
18 "Meat food product" means any product capable of use as
19 human food that is made wholly or in part from any meat or
20 other portion of the carcass of any cattle, sheep, swine, or
21 goats, except products that contain meat or other portions of
22 such carcasses only in a relatively small proportion or
23 products that historically have not been considered by
24 consumers as products of the meat food industry and that are
25 exempted from definition as a meat food product by the
26 Director under such conditions as the Director may prescribe
27 to assure that the meat or other portions of such carcass
28 contained in such product are not adulterated and that such
29 products are not represented as meat food products. This
30 term as applied to food products of equines or domestic deer
31 shall have a meaning comparable to that provided in this
32 definition with respect to cattle, sheep, swine, and goats.
33 "Misbranded" means any carcass, part thereof, meat or
34 meat food product, or poultry or poultry food product if:
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1 (1) its labeling is false or misleading in any
2 particular;
3 (2) it is offered for sale under the name of
4 another food;
5 (3) it is an imitation of another food, unless its
6 label bears, in type of uniform size and prominence, the
7 word "imitation" followed immediately by the name of the
8 food imitated;
9 (4) its container is made, formed, or filled so as
10 to be misleading;
11 (5) it does not bear a label showing (i) the name
12 and place of business of the manufacturer, packer, or
13 distributor and (ii) an accurate statement of the
14 quantity of the contents in terms of weight, measure, or
15 numerical count; however, reasonable variations in such
16 statement of quantity may be permitted;
17 (6) any word, statement, or other information
18 required by or under authority of this Act to appear on
19 the label or other labeling is not prominently placed
20 thereon with such conspicuousness as compared with other
21 words, statements, designs, or devices in the labeling
22 and in such terms as to make the label likely to be read
23 and understood by the general public under customary
24 conditions of purchase and use;
25 (7) it purports to be or is represented as a food
26 for which a definition and standard of identity or
27 composition is prescribed in Sections 13 and 16 of this
28 Act unless (i) it conforms to such definition and
29 standard and (ii) its label bears the name of the food
30 specified in the definition and standard and, as required
31 by such regulations, the common names of optional
32 ingredients other than spices and flavoring present in
33 such food;
34 (8) it purports to be or is represented as a food
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1 for which a standard of fill of container is prescribed
2 in Section 13 of this Act and it falls below the
3 applicable standard of fill of container applicable
4 thereto, unless its label bears, in such manner and form
5 as such regulations specify, a statement that it falls
6 below such standard;
7 (9) it is not subject to the provisions of
8 paragraph (7), unless its label bears (i) the common or
9 usual name of the food, if any, and (ii) if it is
10 fabricated from 2 or more ingredients, the common or
11 usual name of each ingredient, except that spices and
12 flavorings may, when authorized by standards or
13 regulations adopted in or as provided by Sections 13 and
14 16 of this Act, be designated as spices and flavorings
15 without naming each;
16 (10) it purports to be or is represented for
17 special dietary uses, unless its label bears such
18 information concerning its vitamin, mineral, and other
19 dietary properties as determined by the Secretary of
20 Agriculture of the United States in order fully to inform
21 purchasers as to its value for such uses;
22 (11) it bears or contains any artificial flavoring,
23 artificial coloring, or chemical preservative, unless it
24 bears labeling stating that fact or is exempt; or
25 (12) it fails to bear, directly thereon or on its
26 container, the inspection legend and unrestricted by any
27 of the foregoing provisions, such other information as
28 necessary to assure that it will not have false or
29 misleading labeling and that the public will be informed
30 of the manner of handling required to maintain the
31 article in a wholesome condition.
32 "Official establishment" means any establishment as
33 determined by the Director at which inspection of the
34 slaughter of livestock or poultry or the preparation of
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1 livestock products or poultry products is maintained under
2 the authority of this Act.
3 "Official mark of inspection" means the official mark of
4 inspection used to identify the status of any meat product or
5 poultry product or animal under this Act as established by
6 rule.
7 Prior to the manufacture, a complete and accurate
8 description and design of all the brands, legends, and
9 symbols shall be submitted to the Director for approval as to
10 compliance with this Act. Each brand or symbol that bears
11 the official mark shall be delivered into the custody of the
12 inspector in charge of the establishment and shall be used
13 only under the supervision of a Department employee. When
14 not in use all such brands and symbols bearing the official
15 mark of inspection shall be secured in a locked locker or
16 compartment, the keys of which shall not leave the possession
17 of Department employees.
18 "Person" means any individual or entity, including, but
19 not limited to, a sole proprietorship, partnership,
20 corporation, cooperative, association, limited liability
21 company, estate, or trust.
22 "Pesticide chemical", "food additive", "color additive",
23 and "raw agricultural commodity" have the same meanings for
24 purposes of this Act as under the federal Food, Drug, and
25 Cosmetic Act.
26 "Poultry" means domesticated birds or rabbits, or both,
27 dead or alive, capable of being used for human food.
28 "Poultry products" means the carcasses or parts of
29 carcasses of poultry produced entirely or in substantial part
30 from such poultry, including but not limited to such products
31 cooked, pressed, smoked, dried, pickled, frozen, or similarly
32 processed.
33 "Poultry Products Inspection Act" means the Act approved
34 August 28, 1957 (71 Stat. 441), as now or hereafter amended
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1 by the Wholesome Poultry Products Act, approved August 18,
2 1968 (82 Stat. 791), as now or hereafter amended.
3 "Poultry Raiser" means any person who raises poultry,
4 including rabbits, on his or her own farm or premises who
5 does not qualify as a producer as defined under this Act.
6 "Processor" means any person engaged in the business of
7 preparing animal food, including poultry, derived wholly or
8 in part from livestock or poultry carcasses or parts or
9 products of such carcasses.
10 "Shipping container" means any container used or intended
11 for use in packaging the product packed in an immediate
12 container.
13 "Slaughterer" means an establishment where any or all of
14 the following may be performed on animals or poultry: (i)
15 stunning; (ii) bleeding; (iii) defeathering, dehairing, or
16 skinning; (iv) eviscerating; or (v) preparing carcasses for
17 chilling.
18 "State inspection" means the meat and poultry inspection
19 service conducted by the Department of Agriculture of the
20 State of Illinois by the authority of this Act., unless the
21 context otherwise requires, the terms specified in Sections
22 2.1 through 2.44 have the meanings ascribed to them in those
23 Sections.
24 (Source: P.A. 82-255.)
25 (225 ILCS 650/3) (from Ch. 56 1/2, par. 303)
26 Sec. 3. Licenses.
27 (a) No person shall operate an establishment as defined
28 in Section 2 2.5 or act as a broker as defined in Section 2
29 2.19 without first securing a license from the Department
30 except as otherwise exempted.
31 (b) The following annual fees shall accompany each
32 license application for the license year from July 1 to June
33 30 or any part thereof. These fees are non-refundable not
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1 returnable.
2 Meatbroker, Poultry broker or Meat and Poultry
3 broker ..................................................$50
4 Type I Establishment - Processor, Slaughterer, or
5 Processor and Slaughterer Slaughter of Meat, Poultry or Meat
6 and Poultry ..............................................$50
7 Type II Establishment - Processor, Slaughterer, or
8 Processor and Slaughterer of Meat, Poultry or Meat and
9 Poultry ..................................................$50
10 Application for licenses shall be made to the Department
11 in writing on forms prescribed by the Department.
12 (c) The license issued shall be in such form as the
13 Department prescribes, shall be under the seal of the
14 Department and shall contain the name of the licensee, the
15 location for which the license is issued, the type of
16 operation, the period of the license, and such other
17 information as the Department requires. The original license
18 or a certified copy of it shall be conspicuously displayed by
19 the licensee in the establishment.
20 (d) Failure to meet all of the conditions to retain a
21 license may result in a denial of a renewal of a license.
22 The licensee may request an administrative hearing to dispute
23 the denial of renewal, after which the Director shall enter
24 an order either renewing or refusing to renew the license.
25 (e) A penalty of $50 shall be assessed if renewal
26 license applications are not received by July 1 of each year.
27 A penalty of $25 shall be assessed if any such license is not
28 renewed by July 1 of each year.
29 (Source: P.A. 83-759.)
30 (225 ILCS 650/5) (from Ch. 56 1/2, par. 305)
31 Sec. 5. Exemptions - Producers, Retailers, and Custom
32 Slaughterers, Poultry Raisers, and Custom Processors.
33 Within the meaning of this Act
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1 The following types of establishments are exempt from the
2 specific provisions of this Act:
3 (A) A "producer" means any person engaged in producing
4 agricultural products, for personal or family use, on whose
5 farm the number of animals or poultry is in keeping with the
6 size of the farm or with the volume or character of the
7 agricultural products produced thereon, but does not mean any
8 person engaged in producing agricultural products who:
9 1. actively engages in buying or trading animals or
10 poultry or both; or
11 2. actively engages directly or indirectly in conducting
12 a business which includes the slaughter of animals or poultry
13 or both, for human food purposes; or
14 3. actively engages, directly or indirectly, in canning,
15 curing, pickling, freezing, salting meat or poultry, or in
16 preparing meat or poultry products for sale; or
17 4. slaughters or permits any person to slaughter on his
18 or their farm animals or poultry not owned by the producer
19 for more than 30 days.
20 The provisions of this Meat and Poultry Inspection Act
21 requiring inspection to be made by the Director of
22 Agriculture do not apply to animals or poultry slaughtered by
23 any producer on his or her farm, nor to animals or poultry
24 slaughtered on the farm of the owners for the personal or
25 family use of such owner, nor to
26 (A-5) Retail dealers or retail butchers with respect to
27 meat or poultry products sold directly to consumers in retail
28 stores; provided, that the only processing operation
29 performed by such retail dealers or retail butchers is the
30 cutting up of meat or poultry products which have been
31 inspected under the provisions of this Act and is incidental
32 to the operation of the retail food store. Meat or poultry
33 products derived from animals or poultry slaughtered by any
34 producer on the farm which are canned, cured, pickled,
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1 frozen, salted or otherwise prepared at any place other than
2 by the producer on the farm upon which the animals or poultry
3 were slaughtered are not exempt under the producer's
4 exemption herein provided.
5 Any person who sells or offers for sale or transports
6 meat or poultry products which are unsound, unhealthful,
7 unwholesome, adulterated, or otherwise unfit for human food,
8 or which have not been inspected and passed by Department,
9 Federal or recognized municipal inspection, knowing that such
10 meat or poultry products are intended for human consumption,
11 is guilty of a Class A misdemeanor and shall be punished as
12 provided by Section 19.
13 (B) The following types of establishments are exempt
14 from specific provisions of this Act:
15 1. Poultry raisers with respect to poultry raised on
16 their own farms or premises (a) if such raisers slaughter,
17 eviscerate or further process not more than 1000 poultry
18 during the calendar year for which this exemption is being
19 granted determined; (b) such poultry raisers do not engage in
20 buying or selling poultry products other than those produced
21 from poultry raised on their own farms or premises; (c) such
22 poultry or poultry products are slaughtered, otherwise
23 prepared, sold or delivered to the consumer on or from the
24 premises for which the exemption is given; (d) such slaughter
25 or preparation shall be performed in sanitary facilities, in
26 a sanitary manner, and subject to periodic inspection by
27 Department personnel; (e) persons desiring such exemptions
28 shall submit in writing a request to the Department. The
29 exemption shall be effective upon written notice from the
30 Department and shall remain in effect for a period of 2
31 years, unless revoked. Adequate records must be maintained
32 to assure that not more than the number of exempted poultry
33 are slaughtered or processed in one calendar year. Such
34 records shall be kept for one year following the termination
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1 of each exemption. Any advertisement regarding the exempt
2 poultry or poultry products shall reflect the fact of
3 exemption so as not to mislead the consumer to presume
4 official inspection has been made under "The Meat and Poultry
5 Inspection Act".
6 2. Type II Establishments licensed under this Act for
7 custom slaughtering and custom processing as defined in
8 Sections 2.39 and 2.40 of this Act, who do not sell either
9 meat products or poultry products shall:
10 a. 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 own
13 personal use, or for use by his household.
14 b. 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 household.
17 c. Be permitted to receive, for processing, inspected
18 meat products and inspected poultry products for the owner's
19 own personal use or for use by his household.
20 d. Stamp the words "NOT FOR SALE" in letters at least
21 3/8 inches in height on all carcasses of animals and poultry
22 slaughtered in such establishment and on all meat products
23 and poultry products processed in such establishment.
24 e. Conspicuously display a license issued by the
25 Department and bearing the words "NO SALES PERMITTED".
26 f. Keep a record of the name and address of the owner of
27 each carcass or portion thereof received in such licensed
28 establishment, the date received, and the dressed weight.
29 Such records shall be maintained for at least one year and
30 shall be available, during reasonable hours, for inspection
31 by Department personnel.
32 g. File an annual statement with the Department to the
33 effect that neither meat products nor poultry products are
34 offered for sale.
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1 h. No custom slaughterer or custom processor shall
2 engage in the business of buying or selling any poultry or
3 meat products capable of use as human food, or slaughter of
4 any animals or poultry intended for sale.
5 3. A Type I Establishment licensed under the authority of
6 this Act who sells, or offers for sale, meat, meat product,
7 poultry and poultry product shall except as otherwise
8 provided:
9 a. Be permitted to receive meat, meat product, poultry
10 and poultry product for cutting, processing, preparing,
11 packing, wrapping, chilling, freezing, sharp freezing or
12 storing, provided it bears an official mark of State of
13 Illinois or of Federal Inspection.
14 b. Be permitted to receive live animals and poultry for
15 slaughter provided all animals and poultry are properly
16 presented for prescribed inspection by a Department employee.
17 c. May accept meat, meat product, poultry and poultry
18 product for sharp freezing or storage provided that prior to
19 entry, the meat, meat product, poultry and poultry product
20 has been wrapped or packaged and marked "NOT FOR SALE" as
21 prescribed in subparagraph d of paragraph 4 of subsection (B)
22 of this Section.
23 d. An operator licensed under this Act to slaughter and
24 process poultry shall be permitted to receive for slaughter
25 and cutting up poultry delivered to him by the owner thereof
26 exclusively for use in the household of such owner, by him
27 and members of his household, his nonpaying guests, and
28 employees. Such poultry shall be exempt from inspection
29 provided the operator:
30 (i) Keeps such poultry, poultry carcasses and parts
31 thereof separate from all other meat, meat products, poultry
32 and poultry products at all times while on the premises.
33 (ii) Thoroughly cleans and disinfects all facilities and
34 equipment with which such poultry or parts come in contact
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1 upon completion of slaughter and cutting up.
2 (iii) Stamps the words "NOT FOR SALE" as prescribed in
3 subparagraph d of paragraph 4 of subsection (B) of this
4 Section on each immediate package of such poultry or poultry
5 parts.
6 (iv) Records the following information with regard to
7 poultry slaughtered or cut up in his licensed establishment:
8 (a) Name and address;
9 (b) Date received;
10 (c) Number and dressed weight of carcass.
11 (v) Such records shall be maintained for not less than
12 one year and shall be available for inspection by Department
13 personnel during reasonable business hours.
14 4. Any establishment licensed under the authority of
15 this Act that receives wild game carcasses shall comply with
16 the following requirements:
17 a. Wild game carcasses shall be dressed prior to
18 entering the processing or refrigerated areas of the licensed
19 establishment.
20 b. Wild game carcasses stored in the refrigerated area
21 of the licensed establishment shall be kept separate and
22 apart from inspected products.
23 c. A written request shall be made to the Department for
24 listing of the days and time of day wild game carcasses may
25 be processed.
26 d. All equipment used which comes in contact with wild
27 game shall be thoroughly cleaned and sanitized prior to use
28 on animal or poultry carcasses.
29 5. Establishments in which operations in relation to
30 meat or poultry products consist entirely of storage of such
31 products in individual lockers at or below a temperature of 0
32 degrees F.
33 (Source: P.A. 85-246.)
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1 (225 ILCS 650/5.1 new)
2 Sec. 5.1. Type I licenses.
3 (a) A Type I establishment licensed under this Act who
4 sells or offers for sale meat, meat product, poultry, and
5 poultry product shall, except as otherwise provided:
6 (1) Be permitted to receive meat, meat product,
7 poultry, and poultry product for cutting, processing,
8 preparing, packing, wrapping, chilling, freezing, sharp
9 freezing, or storing, provided it bears an official mark
10 of State of Illinois or of Federal Inspection.
11 (2) Be permitted to receive live animals and
12 poultry for slaughter, provided all animals and poultry
13 are properly presented for prescribed inspection to a
14 Department employee.
15 (3) May accept meat, meat product, poultry, and
16 poultry product for sharp freezing or storage provided
17 that the product is inspected product.
18 (b) Before being granted or renewing official
19 inspection, an establishment must develop written sanitation
20 Standard Operating Procedures as required by 8 Ill. Adm. Code
21 125.141.
22 (c) Before being granted official inspection, an
23 establishment must conduct a hazard analysis and develop and
24 validate an HACCP plan as required by 8 Ill. Adm. Code
25 125.142. A conditional grant of inspection shall be issued
26 for a period not to exceed 90 days, during which period the
27 establishment must validate its HACCP plan.
28 (d) Any establishment licensed under the authority of
29 this Act that receives wild game carcasses shall comply with
30 the following requirements regarding wild game carcasses:
31 (1) Wild game carcasses shall be dressed prior to
32 entering the processing or refrigerated areas of the
33 licensed establishment.
34 (2) Wild game carcasses stored in the refrigerated
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1 area of the licensed establishment shall be kept separate
2 and apart from inspected products.
3 (3) A written request shall be made to the
4 Department on an annual basis if a licensed establishment
5 is suspending operations regarding amenable product due
6 to handling of wild game carcasses.
7 (4) A written procedure for handling wild game
8 shall be approved by the Department.
9 (5) All equipment used that comes in contact with
10 wild game shall be thoroughly cleaned and sanitized prior
11 to use on animal or poultry carcasses.
12 (225 ILCS 650/5.2 new)
13 Sec. 5.2. Type II licenses.
14 (a) Type II establishments licensed under this Act for
15 custom slaughtering and custom processing shall:
16 (1) Be permitted to receive, for processing, meat
17 products and poultry products from animals and poultry
18 slaughtered by the owner or for the owner for his or her
19 own personal use or for use by his or her household.
20 (2) Be permitted to receive live animals and
21 poultry presented by the owner to be slaughtered and
22 processed for the owner's own personal use or for use by
23 his or her household.
24 (3) Be permitted to receive, for processing,
25 inspected meat products and inspected poultry products
26 for the owner's own personal use or for use by his or
27 her household.
28 (4) Stamp the words "NOT FOR SALE" in letters at
29 least 3/8 inches in height on all carcasses of animals
30 and poultry slaughtered in such establishment and on all
31 meat products and poultry products processed in that
32 establishment.
33 (5) Conspicuously display a license issued by the
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1 Department and bearing the words "NO SALES PERMITTED".
2 (6) Keep a record of the name and address of the
3 owner of each carcass or portion thereof received in
4 such licensed establishment, the date received, and the
5 dressed weight. Such records shall be maintained for at
6 least one year and shall be available, during reasonable
7 hours, for inspection by Department personnel.
8 (b) No custom slaughterer or custom processor shall
9 engage in the business of buying or selling any poultry or
10 meat products capable of use as human food, or slaughter of
11 any animals or poultry intended for sale.
12 (225 ILCS 650/8) (from Ch. 56 1/2, par. 308)
13 Sec. 8. Medical Certificate.
14 The licensee of a Type I establishment operator shall
15 require all employees in his establishment to meet the health
16 requirements established by the Illinois Department of Public
17 Health. The Director may at any time require an employee of
18 an establishment to submit to a health examination by a
19 physician. No person suffering from any communicable disease,
20 including any communicable skin disease, and no person with
21 infected wounds, and no person who is a "carrier" of a
22 communicable disease shall work be employed in any capacity
23 in an establishment. No person shall work or be employed in
24 or about any establishment during the time in which a
25 communicable disease exists in the home in which such person
26 resides unless such person has obtained a certificate from
27 the state or local health authority to the effect that no
28 danger of public contagion or infection or adulteration of
29 product will result from the employment of such person in
30 such establishment. Every person employed by an establishment
31 and engaged in direct physical contact with meat or poultry
32 products during its preparation, processing or storage, shall
33 be clean in person, wear clean washable outer garments and a
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1 suitable cap or other head covering used exclusively in such
2 work. Only persons specifically designated by the operator of
3 an establishment shall be permitted to touch meat or poultry
4 products with their hands, and the persons so designated
5 shall keep their hands scrupulously clean.
6 (Source: P.A. 76-357.)
7 (225 ILCS 650/9) (from Ch. 56 1/2, par. 309)
8 Sec. 9. Antemortem Inspection. The Director Department
9 shall, wherever slaughter operations are conducted at an
10 establishment, cause antemortem inspection to be made by
11 inspectors antemortem inspection where and to the extent it
12 determines necessary regarding of all animals and poultry
13 intended for human food. The owner or operator of any such
14 establishment shall furnish satisfactory facilities and
15 assistance as may be required by the Director to facilitate
16 such antemortem inspection. Facilities shall also be
17 furnished for holding animals or poultry for further clinical
18 examination animals or poultry. Such animals or poultry held
19 for further inspection reinspection shall be identified as
20 "Illinois Suspect" in a manner determined by the Director.
21 Following Such reinspection shall be as conducted by a
22 licensed and approved veterinarian and if a finding is made
23 that the animals or poultry show no symptoms of disease or
24 other abnormal conditions, the animals or poultry may be
25 released for slaughter. Upon reinspection and finding
26 symptoms of disease or other abnormal conditions which would
27 render the animals or poultry unfit for human food, the
28 animals or poultry shall be tagged or permanently identified
29 as "Illinois Inspected and Condemned" and unfit for human
30 food and shall be disposed of in a manner as prescribed by
31 the Director. Any person who slaughters for human food such
32 condemned animals or poultry is guilty of a Class 4 felony A
33 misdemeanor and shall be punished as provided by Section 19.
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1 No owner or person shall be required to hold animals or
2 poultry for a longer period than 72 hours.
3 (Source: P.A. 80-1495.)
4 (225 ILCS 650/10) (from Ch. 56 1/2, par. 310)
5 Sec. 10. Postmortem Inspection.
6 The Director shall provide postmortem inspection of all
7 animals or poultry intended for human food in any Type I
8 establishment in this State except as exempted by Sections 4
9 and 5 of this Act. Under no circumstances shall the carcass
10 of animals or poultry which have died otherwise than by
11 slaughter be brought into any room in which meat or poultry
12 products are slaughtered, processed, handled, or stored. The
13 head, tongue, tail, viscera, and other parts, and blood used
14 in the preparation of meat or poultry products, or medical
15 products shall be retained in such a manner as to preserve
16 their identity until after the postmortem examination has
17 been completed. Carcasses and parts thereof found to be
18 sound, healthful, and wholesome after inspection and
19 otherwise fit for human food shall be passed and may be
20 marked in the following manner: "Illinois Inspected and
21 Passed" or with the inspection legend of an approved
22 municipal inspection department to which has been added the
23 words "Illinois Approved". These marks may also include any
24 number given the establishment by the Department. All animal
25 carcasses or parts thereof which are found on postmortem
26 inspection to be unsound, unhealthful, unwholesome,
27 adulterated, or otherwise unfit for human food shall be
28 marked conspicuously by the inspector at the time of
29 inspection with the words: "Illinois Inspected and
30 Condemned", or with the condemned brand of an approved
31 municipal inspection department. All poultry carcasses or
32 parts thereof which are found on postmortem inspection to be
33 unsound, unhealthful, unwholesome, adulterated or otherwise
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1 unfit for human food shall be condemned by depositing each
2 carcass or part thereof in a suitable, clearly marked
3 "Condemned" container. All condemned carcasses and parts of
4 animals or poultry under the supervision of an inspector
5 shall be rendered unfit for human consumption in a manner
6 approved by the Director. All unborn or stillborn animals
7 shall be condemned and no hide, skin or any other part
8 thereof shall be removed within a room where edible meat or
9 poultry products are handled or prepared.
10 (Source: P.A. 76-357.)
11 (225 ILCS 650/11) (from Ch. 56 1/2, par. 311)
12 Sec. 11. Time of operation. The Director shall may
13 require operations at Type I licensed establishments to be
14 conducted under inspection and during approved reasonable
15 hours of operation. The owner or operator of each licensed
16 establishment shall keep the Director informed in advance of
17 intended hours of operation. When one inspector is assigned
18 to make inspections where few animals or poultry are
19 slaughtered or where small quantities of meat or poultry
20 products are prepared, the Director may designate the hours
21 of the day and the days of the week during which such
22 establishments may be operated. The management of an official
23 establishment, an importer, or an exporter, desiring to work
24 under conditions which will require the services of an
25 inspector employee of the Department on any Saturday, Sunday,
26 or holiday, or for more than an approved established work day
27 on any other day shall, sufficiently in advance of the period
28 of overtime, request the Regional Administrator to furnish
29 inspection service during such overtime period, and, if
30 approved, shall be allowed inspection on an overtime basis
31 pay the Department a fee as set forth by regulation, to
32 reimburse the Department for the cost of the inspection
33 services so furnished. Holidays will be those established by
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1 the Illinois Department of Central Management Services.
2 (Source: P.A. 89-463, eff. 5-31-96.)
3 (225 ILCS 650/13) (from Ch. 56 1/2, par. 313)
4 Sec. 13. Official Inspection Legend, Marking and
5 Labeling.
6 (a) It is unlawful for any person except employees of
7 the United States Department of Agriculture, the Department
8 or an authorized municipal inspection department to possess,
9 use, or keep an inspection stamp, mark, or brand provided or
10 used for stamping, marking, branding, or otherwise
11 identifying carcasses of meat or poultry products, or to
12 possess, use or keep any stamp, mark or brand having thereon
13 a device, words, or insignia the same or similar in character
14 or import to the stamps, marks, or brands provided or used by
15 the United States Department of Agriculture, the State
16 Department of Agriculture or any approved municipal
17 inspection department for stamping, marking, branding or
18 otherwise identifying the carcasses of meat or poultry or
19 meat and poultry products or parts thereof intended for human
20 food.
21 (b) When any meat or meat food product which has been
22 inspected as provided in this Act and marked "Illinois
23 Inspected and Passed" is placed or packed in an immediate
24 container in any can, pot, tin, canvas, or other receptacle
25 or covering in any establishment where inspection under this
26 Act is maintained, the person, firm, or corporation preparing
27 the product shall attach a label as required to the immediate
28 container can, pot, tin, canvas, or other receptacle or
29 covering under supervision of an inspector. The label shall
30 state that the contents have been "Illinois Inspected and
31 Passed" under this Act, and no inspection and examination of
32 meat or meat food products or poultry or poultry food
33 products deposited or enclosed in an immediate container
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1 cans, tins, pots, canvas, or other receptacle or covering in
2 any establishment where inspection under this Act is
3 maintained is complete until the meat or meat food products
4 or poultry or poultry food products have been sealed or
5 enclosed in an immediate container a can, tin, pot, canvas,
6 or other receptacle or covering under the supervision of an
7 inspector. At minimum all amenable products derived from
8 inspected meat, meat food products, poultry, or poultry food
9 products shall bear a mark with an establishment name,
10 owner/customer name, and handling statement.
11 (c) All carcasses, parts of carcasses, meat, meat food
12 products, poultry, or poultry food products inspected at any
13 establishment under the authority of this Act and found to be
14 not adulterated shall at the time they leave the
15 establishment bear in distinctly legible form, directly
16 thereon or on their containers, as the Director may require,
17 the information required under Section 2.20 of this Act.
18 (d) The styles and sizes of type to be used with respect
19 to material required to be incorporated in labeling to avoid
20 misbranding, false or misleading labeling of any articles
21 subject to this Act, definitions and standards of identity or
22 composition for articles subject to this Act, and standards
23 of fill of containers for the articles shall be the standards
24 as established under the Federal Food, Drug, and Cosmetic Act
25 or the Federal Meat Inspection Act.
26 (e) No article subject to this Act shall be sold or
27 offered for sale by any person, firm, or corporation under
28 any name or other marking or labeling which is false or
29 misleading, or in any container of a misleading form or size.
30 Established product names and other marking and labeling and
31 containers which are not false or misleading and which are
32 approved by the Director are permitted.
33 (f) If the Director has reason to believe that any
34 marking or labeling or the size or form of any container in
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1 use or proposed for use with respect to any article subject
2 to this Act is false or misleading in any particular, he may
3 direct that the use be withheld unless the marking, labeling,
4 or container is modified in a manner as he may prescribe so
5 that it will not be false or misleading. If the person, firm,
6 or corporation using or proposing to use the marking,
7 labeling, or container does not accept the determination of
8 the Director, the person, firm, or corporation may request a
9 hearing, but the use of the marking, labeling, or container
10 shall, if the Director so directs, be withheld pending
11 hearing and final determination by the Director. Any
12 determination by the Director shall be conclusive unless
13 within 30 days after receipt of notice of the final
14 determination, the person, firm, or corporation adversely
15 affected appeals to the appropriate authority.
16 (g) No person, firm, or corporation shall advertise for
17 sale, solicit, offer to sell or sell meats or frozen foods
18 intended for storage in locker boxes, home freezers or
19 freezer units by newspapers, handbills, placards, radio,
20 television or other medium unless the advertising is truthful
21 and accurate. The advertising shall not be misleading or
22 deceiving in respect to grade, quality, quantity, price per
23 pound or piece, or in any other manner. For grade
24 determination of meats, the grades shall conform with United
25 States Department of Agriculture standards for designating
26 meat grades and the standards of this Act.
27 No person advertising, offering for sale or selling any
28 carcasses or parts thereof or food plan shall engage in any
29 misleading or deceptive practices and particularly including,
30 but not limited to, the following:
31 (1) Bait selling.
32 (A) Disparage or degrade any product
33 advertised or offered for sale by the seller, or
34 display any product or depiction thereof to any
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1 buyer in order to induce the purchase of another
2 product, or represent that a product is for sale
3 when the representation is used primarily to sell
4 another product.
5 (B) Substitute any product for that ordered by
6 the buyer without the buyer's consent.
7 (C) Fail to have available a sufficient
8 quantity of any product represented as being for
9 sale to meet reasonably anticipated demands.
10 (2) Price representation.
11 (A) Use any price list related to the seller's
12 food plan that contains prices other than the
13 seller's current billing prices.
14 (B) Misrepresent the amount of money that the
15 buyer will save on purchases of any products that
16 are not of the same grade or quality.
17 (C) Fail to disclose fully and conspicuously
18 in at least 10 point type any charge for cutting,
19 wrapping, freezing, delivery or other services.
20 (D) Represent the price of any meat product to
21 be offered for sale in bundles in units larger than
22 one pound in terms other than price per single pound
23 for meat products in at least 10 point type except
24 when the advertisement or offer for sale pertains to
25 containers of meat products weighing 15 pounds or
26 less.
27 (3) Product Representation.
28 (A) Misrepresent the cut, grade, brand or
29 trade name, or weight or measure of any product.
30 (B) Use the abbreviation "U.S." in describing
31 a product not graded by the United States Department
32 of Agriculture, except that product may be described
33 as "U.S. Inspected" when true.
34 (C) Misrepresent a product through the use of
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1 any term similar to a government grade.
2 (D) (Blank) Fail to disclose in uniform 10
3 point type, when a yield grade is advertised, a
4 definition of the yield grade in the following
5 terms:
6 Yield Grade 1 - Extra Lean
7 Yield Grade 2 - Lean
8 Yield Grade 3 - Average Waste
9 Yield Grade 4 - Wasty
10 Yield Grade 5 - Exceptionally Wasty
11 (E) Advertise or offer for sale any
12 combinations of parts of carcasses with one unit
13 price, except when the advertisement or offer for
14 sale pertains to combinations consisting only of
15 poultry or poultry products.
16 (F) Fail to disclose fully and conspicuously
17 the correct government grade for any product if the
18 product is represented as having been graded.
19 (G) Fail to disclose fully and conspicuously
20 that the yield of consumable meat from any carcass
21 or part of a carcass will be less than the weight of
22 the carcass or part thereof. The seller shall, for
23 each carcass or part of carcass advertised, use
24 separately and distinctly (in at least 10 point
25 type) the following disclosure: "Sold hanging
26 weight subject to cutting loss".
27 (H) Misrepresent the amount or proportion of
28 retail cuts that a carcass or part of carcass will
29 yield.
30 (I) (Blank). Fail to furnish the buyer with a
31 complete and accurate signed statement at the time
32 of delivery, showing the net weight of meat
33 delivered to the buyer. If weighed with immediate
34 wrappings, this fact shall be stated. Both the
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1 actual net weight of the product prior to cutting
2 and trimming, and the delivered weight shall be
3 disclosed to the buyer in writing at the time of
4 delivery. This section shall apply separately to
5 each carcass or part of carcass sold on any
6 individual order.
7 (J) Fail to disclose fully and conspicuously
8 whether a quarter of a carcass is the front or hind
9 quarter, and "quarters" or "sides" or "halves" must
10 consist of only anatomically natural proportions of
11 cuts from front or hind quarters. A "pre-trimmed
12 side", "packer-trimmed side" or similar term
13 describing part of a carcass shall not be
14 represented as a side or quarter of beef, and the
15 descriptions shall not be used for comparison to
16 induce the sale of the product.
17 (K) Represent any part of a carcass as a
18 "half" or "side" unless it consists exclusively of a
19 front and hind quarter. Both quarters must be from
20 the same side of the same animal unless the seller
21 discloses fully and conspicuously that they are from
22 different sides or different animals as the case may
23 be. Each quarter shall be of the same grade or
24 quality as the other quarters comprising the half or
25 side and the seller shall advise the buyer of the
26 weight of each quarter prior to sale. In selling
27 quarters individually or as part of a half or side,
28 if actual weights are not known or cannot be
29 determined prior to sale, approximate weights may be
30 used, provided the buyer is informed that the
31 weights are approximate, the weights are so
32 identified on any purchase order or contract, and
33 the seller agrees with the buyer, in writing, to
34 make a cash refund or grant a credit on delivery for
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1 the difference between actual weight and the
2 approximate weight on which the sale was made.
3 (L) Use the words, "bundle", "sample order",
4 "split side", or words of similar import to describe
5 a quantity of meat or poultry unless the seller
6 itemizes each cut and the weight thereof which the
7 buyer will receive.
8 (M) Advertise or offer free, bonus, extra
9 product, or service combined with or conditioned on
10 the purchase of any other product or service unless
11 the additional product or service is accurately
12 described including, whenever applicable, grade, net
13 weight or measure, type, and brand or trade name.
14 The words "free", "bonus", or other words of similar
15 import shall not be used in any advertisement unless
16 the advertisement clearly and conspicuously sets
17 forth the total price or amount that must be paid to
18 entitle the buyer to the additional product or
19 service.
20 (N) Misrepresent the breed, origin, or diet of
21 slaughtered animals or parts thereof offered for
22 sale. Sellers making these claims shall have
23 written records available to substantiate the fact.
24 (Source: P.A. 86-217; 87-165.)
25 (225 ILCS 650/14) (from Ch. 56 1/2, par. 314)
26 Sec. 14. Access to premises.
27 No person shall deny access to any authorized personnel
28 upon the presentation of proper identification at any
29 reasonable time to establishments, broker facilities,
30 warehouses or vehicles used in the transportation of meat and
31 poultry or products thereof and to all parts of such
32 premises for the purposes of making inspections, examination
33 of records, inventories, copying and sampling under this Act.
-29- LRB9007910LDdv
1 Samples of products, water, dye, chemicals,
2 preservatives, spices, or other articles in any official or
3 exempted establishment shall be taken, without cost to the
4 Department, for examination as often as necessary for
5 efficient inspection.
6 (Source: P.A. 85-246.)
7 (225 ILCS 650/15) (from Ch. 56 1/2, par. 315)
8 Sec. 15. Seizure.
9 (a) The Director is hereby authorized to prohibit the
10 entrance into channels of trade of any meat or poultry
11 products found to be unwholesome, improperly labeled or
12 otherwise not in accordance with the provisions of this Act
13 or the rules and regulations established hereunder. Any meat
14 or poultry product found in channels of trade by a Department
15 employee that an inspector which is not in compliance with
16 the provisions of this Act shall be subject to seizure and
17 confiscation by the Department.
18 (b) Seized and confiscated meat and poultry products
19 shall be condemned unless it is of such character that it can
20 be made to conform with the provisions of this Act by methods
21 approved by the Director. Condemned meat or poultry products
22 shall be effectively destroyed for human food purposes by the
23 owner of the meat or poultry product under the supervision of
24 a Department employee an inspector in such manner as the
25 Director may prescribe.
26 (Source: Laws 1959, p. 1944.)
27 (225 ILCS 650/16.1) (from Ch. 56 1/2, par. 316.1)
28 Sec. 16.1. Licensees shall comply with bulletins,
29 manuals of procedure and guidelines issued by the United
30 States Department of Agriculture which implement the federal
31 Meat Inspection Act and the Federal Poultry Inspection Act.
32 Such guidelines, bulletins and manuals shall become effective
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1 on the date designated by the United States Department of
2 Agriculture.
3 (Source: P.A. 84-211.)
4 (225 ILCS 650/19) (from Ch. 56 1/2, par. 319)
5 Sec. 19. Criminal offenses Penalties.
6 A. Any person who forcibly assaults, resists, opposes,
7 impedes, intimidates, or interferes with any person while
8 engaged in or on account of the performance of his official
9 duties under this Act shall be guilty of a Class A
10 misdemeanor.
11 B. Any person, firm, or corporation, or any agent or
12 employee of any person, firm, or corporation, who gives,
13 pays, or offers, directly or indirectly, to any inspector,
14 deputy inspector, chief inspector, or any other officer or
15 employee of this State authorized to perform any of the
16 duties prescribed by this Act or by the rules and regulations
17 of the Director, any money or other thing of value, with
18 intent to influence such inspector, deputy inspector, chief
19 inspector, or other officer or employee of this State in the
20 discharge of his duty, is guilty of a Class 4 felony.
21 B-5. Any inspector, deputy inspector, chief inspector,
22 or other officer or employee of this State authorized to
23 perform any of the duties prescribed by this Act who accepts
24 any money, gift, or other thing of value from any person,
25 firm, or corporation, or officers, agents, or employees
26 thereof, given with intent to influence his official action,
27 or who receives or accepts from any person, firm, or
28 corporation any gift, money, or other thing of value given
29 with any purpose of intent whatsoever, is guilty of a Class 4
30 felony and upon conviction, shall be summarily discharged
31 from office.
32 C. Any person violating any provision of this Act or any
33 rule or regulation established hereunder, except any
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1 provisions of or rule or regulation established under Section
2 9 or Section 10, is guilty of a Class A misdemeanor. Any
3 person violating any provision of Section 9 or Section 10 of
4 this Act, or any rule or regulation applicable thereto, is
5 guilty of a Class A misdemeanor.
6 D. Any person who sells or offers for sale or transports
7 meat or poultry products that are unsound, unhealthful,
8 unwholesome, adulterated, or otherwise unfit for human food
9 or which have not been inspected and passed by Department,
10 federal, or recognized municipal inspection, knowing that
11 such meat or poultry products are intended for human
12 consumption, is guilty of a Class A misdemeanor. Any person,
13 firm, or corporation who violates any provision of this Act
14 for which no other criminal penalty, is provided by this Act
15 is guilty of a Class A misdemeanor.
16 E. The Director is also authorized to refuse issuance of
17 a license, to suspend, or revoke a license for violations by
18 any establishment of the provisions of this Act or the rules
19 and regulations adopted hereunder when any one or more of the
20 following items are applicable:
21 (1) Material misstatement in the application for
22 original license or in the application for any renewal
23 license under this Act;
24 (2) Willful disregard or willful violation of this Act
25 or of any regulations or rules adopted pursuant thereto;
26 (3) Willfully aiding or abetting another in the
27 violation of this Act or of any regulation or rule adopted
28 pursuant thereto;
29 (4) Allowing one's license under this Act to be used by
30 an unlicensed person;
31 (5) Conviction of any crime an essential element of
32 which is misstatement, fraud or dishonesty or conviction of
33 any felony relative to the provisions of this Act, if the
34 Department determines, after investigation, that such person
-32- LRB9007910LDdv
1 has not been sufficiently rehabilitated to warrant the public
2 trust;
3 (6) Conviction of a violation of any law of Illinois
4 except minor violations such as traffic violations and
5 violations not related to the disposition of this Act or any
6 rule or regulation of the Department relating thereto;
7 (7) Making willful misrepresentations or false promises
8 of a character likely to influence, persuade or induce in
9 connection with the business of a licensee under this Act;
10 (8) Pursuing a continued course of willful
11 misrepresentation of or making false promises through
12 advertising, salesman, agents or otherwise in connection with
13 the business of a licensee under this Act; or
14 (9) Failure to possess the necessary qualifications or
15 to meet the requirements of this Act for the issuance or
16 holding of a license.
17 F. The Department may, upon its own motion, and shall,
18 upon the verified complaint in writing of any person setting
19 forth facts which if proven would constitute grounds for
20 refusal, suspension or revocation under this Act, investigate
21 the actions of any applicant or any person or persons holding
22 or claiming to hold a license. At least 10 days prior to the
23 date set for hearing the Department shall, before refusing to
24 issue or renew, and before suspension or revocation of a
25 license, notify in writing the applicant for or holder of a
26 license, hereinafter called the respondent, that on the date
27 designated a hearing will be held to determine whether the
28 respondent is privileged to hold such license and shall
29 afford the respondent an opportunity to be heard in person or
30 by counsel. Such written notice may be served personally on
31 the respondent, or by registered or certified mail sent to
32 the respondent's business address as shown in his latest
33 notification to the Department. At the hearing, both the
34 respondent and the complainant shall be afforded ample
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1 opportunity to present in person or by counsel such
2 statements, testimony, evidence and argument as may be
3 pertinent to the charges or to any defense thereto. The
4 Department may continue such hearing from time to time.
5 The Director or any employee of the Department of
6 Agriculture designated by him for such purpose may hold
7 hearings, administer oaths, sign and issue subpoenas, examine
8 witnesses, receive evidence and require by subpoena the
9 attendance and testimony of witnesses and the production of
10 such accounts, records and memoranda as may be material for
11 the determination of any complaint under this Act. In case
12 of the refusal of any person to comply with any subpoena or
13 on the refusal of a witness to testify to any matter
14 regarding which he lawfully may be interrogated hereunder,
15 the judge of any circuit court of the county in which such
16 investigation or hearing is being conducted may, on
17 application of the Director or the employee of the Department
18 designated by the Director to conduct such investigation or
19 hearing, compel obedience by proceedings for contempt as in
20 the case of disobedience to an order of such court.
21 (Source: P.A. 83-759.)
22 (225 ILCS 650/19.01 new)
23 Sec. 19.01. Suspension and revocation of license.
24 (a) The Director may suspend a license if the Department
25 has reason to believe that any of the following has occurred:
26 (1) A licensee had made a material misstatement in
27 the application for original license or in the
28 application for any renewal license under this Act;
29 (2) A licensee has violated any of the provisions
30 of this Act or of any rules adopted pursuant thereto and
31 the violation or pattern of violations indicates an
32 immediate danger to public health;
33 (3) Aiding or abetting another in the violation of
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1 this Act or of any rule adopted pursuant thereto and the
2 violation or pattern of violations indicates an immediate
3 danger to public health;
4 (4) Allowing one's license under this Act to be
5 used by an unlicensed person;
6 (5) Conviction of any crime an essential element of
7 which is misstatement, fraud, or dishonesty or conviction
8 of any felony relative to the provisions of this Act;
9 (6) Pursuing a continued course of willful
10 misrepresentation of or making false promises through
11 advertising, salesman, agents, or otherwise in connection
12 with the business of a licensee under this Act; or
13 (7) Failure to possess the necessary qualifications
14 or to meet the requirements of this Act for the issuance
15 or holding of a license.
16 (b) Within 10 days after suspension of a license an
17 administrative hearing shall be commenced to determine
18 whether the license shall be reinstated or revoked. Whenever
19 an administrative hearing is scheduled, the licensee shall be
20 served with written notice of the date, place, and time of
21 the hearing at least 5 days before the hearing date. The
22 notice may be served by personal service on the licensee or
23 by mailing it by registered or certified mail, return receipt
24 requested, to the licensee's place of business. The Director
25 may, after a hearing, issue an order either revoking or
26 reinstating the license.
27 (225 ILCS 650/19.2) (from Ch. 56 1/2, par. 319.2)
28 Sec. 19.2. Administrative hearings and penalties.
29 When an administrative hearing is held, the hearing
30 officer, upon determination of a violation of this Act or
31 rules promulgated under this Act, may assess the following
32 administrative penalties in addition to or instead of a
33 suspension or revocation of the license as provided in
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1 Section 19 of this Act:
2 (a) $150 for illegal advertising.
3 (b) $200 for operating without being licensed as a meat
4 broker, poultry broker, or meat and poultry broker.
5 (c) $300 for misbranding as defined in Section 2.20 of
6 this Act.
7 (d) no less than $500 and no greater than $5,000 for
8 sale of uninspected meat.
9 (e) no less than $500 and no greater than $5,000 for
10 product adulteration.
11 (e-5) $500 for detaching, breaking, changing, or
12 tampering with any official seal, seizure tag, rejected tag,
13 or retained tag in any way whatsoever.
14 (f) $500 for selling a product in violation of the
15 approved label specifications.
16 (g) $500 for removal of meat or poultry products under
17 seizure.
18 (h) (Blank).
19 (h-5) no less than $500, but no more than $5,000 for
20 operating outside approved hours of operation or approved
21 overtime.
22 (i) No less than $500 but no more than $5,000 for
23 operating without being licensed as a meat processor or
24 slaughterer.
25 In the case of a second or subsequent violation within 3
26 years of the first violation, the penalty shall be doubled.
27 Penalties not paid within 60 days of notice from the
28 Department shall be submitted to the Attorney General's
29 office or an approved private collection agency for
30 collection or referred for prosecution to the States
31 Attorney's office in the county where the violation occurred.
32 (Source: P.A. 89-463, eff. 5-31-96.)
33 (225 ILCS 650/2.1 rep.)
-36- LRB9007910LDdv
1 (225 ILCS 650/2.2 rep.)
2 (225 ILCS 650/2.3 rep.)
3 (225 ILCS 650/2.4 rep.)
4 (225 ILCS 650/2.5 rep.)
5 (225 ILCS 650/2.6 rep.)
6 (225 ILCS 650/2.7 rep.)
7 (225 ILCS 650/2.8 rep.)
8 (225 ILCS 650/2.9 rep.)
9 (225 ILCS 650/2.9a rep.)
10 (225 ILCS 650/2.10 rep.)
11 (225 ILCS 650/2.11 rep.)
12 (225 ILCS 650/2.12 rep.)
13 (225 ILCS 650/2.13 rep.)
14 (225 ILCS 650/2.14 rep.)
15 (225 ILCS 650/2.15 rep.)
16 (225 ILCS 650/2.16 rep.)
17 (225 ILCS 650/2.17 rep.)
18 (225 ILCS 650/2.18 rep.)
19 (225 ILCS 650/2.19 rep.)
20 (225 ILCS 650/2.20 rep.)
21 (225 ILCS 650/2.21 rep.)
22 (225 ILCS 650/2.22 rep.)
23 (225 ILCS 650/2.23 rep.)
24 (225 ILCS 650/2.24 rep.)
25 (225 ILCS 650/2.25 rep.)
26 (225 ILCS 650/2.26 rep.)
27 (225 ILCS 650/2.28 rep.)
28 (225 ILCS 650/2.29 rep.)
29 (225 ILCS 650/2.30 rep.)
30 (225 ILCS 650/2.31 rep.)
31 (225 ILCS 650/2.32 rep.)
32 (225 ILCS 650/2.33 rep.)
33 (225 ILCS 650/2.34 rep.)
34 (225 ILCS 650/2.35 rep.)
-37- LRB9007910LDdv
1 (225 ILCS 650/2.36 rep.)
2 (225 ILCS 650/2.37 rep.)
3 (225 ILCS 650/2.38 rep.)
4 (225 ILCS 650/2.39 rep.)
5 (225 ILCS 650/2.40 rep.)
6 (225 ILCS 650/2.41 rep.)
7 (225 ILCS 650/2.42 rep.)
8 (225 ILCS 650/2.43 rep.)
9 (225 ILCS 650/2.44 rep.)
10 (225 ILCS 650/3.1 rep.)
11 (225 ILCS 650/4 rep.)
12 (225 ILCS 650/7 rep.)
13 (225 ILCS 650/19.1 rep.)
14 Section 10. The Meat and Poultry Inspection Act is
15 amended by repealing Sections 2.1, 2.2, 2.4, 2.5, 2.6, 2.7,
16 2.8, 2.9, 2.9a, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16,
17 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25, 2.26,
18 2.28, 2.29, 2.30, 2.31, 2.32, 2.33, 2.34, 2.35, 2.36, 2.37,
19 2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 3.1, 4, 7, and
20 19.1.
-38- LRB9007910LDdv
1 INDEX
2 Statutes amended in order of appearance
3 225 ILCS 650/2 from Ch. 56 1/2, par. 302
4 225 ILCS 650/3 from Ch. 56 1/2, par. 303
5 225 ILCS 650/5 from Ch. 56 1/2, par. 305
6 225 ILCS 650/5.1 new
7 225 ILCS 650/5.2 new
8 225 ILCS 650/8 from Ch. 56 1/2, par. 308
9 225 ILCS 650/9 from Ch. 56 1/2, par. 309
10 225 ILCS 650/10 from Ch. 56 1/2, par. 310
11 225 ILCS 650/11 from Ch. 56 1/2, par. 311
12 225 ILCS 650/13 from Ch. 56 1/2, par. 313
13 225 ILCS 650/14 from Ch. 56 1/2, par. 314
14 225 ILCS 650/15 from Ch. 56 1/2, par. 315
15 225 ILCS 650/16.1 from Ch. 56 1/2, par. 316.1
16 225 ILCS 650/19 from Ch. 56 1/2, par. 319
17 225 ILCS 650/19.01 new
18 225 ILCS 650/19.2 from Ch. 56 1/2, par. 319.2
19 225 ILCS 650/2.1 rep.
20 225 ILCS 650/2.2 rep.
21 225 ILCS 650/2.3 rep.
22 225 ILCS 650/2.4 rep.
23 225 ILCS 650/2.5 rep.
24 225 ILCS 650/2.6 rep.
25 225 ILCS 650/2.7 rep.
26 225 ILCS 650/2.8 rep.
27 225 ILCS 650/2.9 rep.
28 225 ILCS 650/2.9a rep.
29 225 ILCS 650/2.10 rep.
30 225 ILCS 650/2.11 rep.
31 225 ILCS 650/2.12 rep.
32 225 ILCS 650/2.13 rep.
33 225 ILCS 650/2.14 rep.
34 225 ILCS 650/2.15 rep.
-39- LRB9007910LDdv
1 225 ILCS 650/2.16 rep.
2 225 ILCS 650/2.17 rep.
3 225 ILCS 650/2.18 rep.
4 225 ILCS 650/2.19 rep.
5 225 ILCS 650/2.20 rep.
6 225 ILCS 650/2.21 rep.
7 225 ILCS 650/2.22 rep.
8 225 ILCS 650/2.23 rep.
9 225 ILCS 650/2.24 rep.
10 225 ILCS 650/2.25 rep.
11 225 ILCS 650/2.26 rep.
12 225 ILCS 650/2.28 rep.
13 225 ILCS 650/2.29 rep.
14 225 ILCS 650/2.30 rep.
15 225 ILCS 650/2.31 rep.
16 225 ILCS 650/2.32 rep.
17 225 ILCS 650/2.33 rep.
18 225 ILCS 650/2.34 rep.
19 225 ILCS 650/2.35 rep.
20 225 ILCS 650/2.36 rep.
21 225 ILCS 650/2.37 rep.
22 225 ILCS 650/2.38 rep.
23 225 ILCS 650/2.39 rep.
24 225 ILCS 650/2.40 rep.
25 225 ILCS 650/2.41 rep.
26 225 ILCS 650/2.42 rep.
27 225 ILCS 650/2.43 rep.
28 225 ILCS 650/2.44 rep.
29 225 ILCS 650/3.1 rep.
30 225 ILCS 650/4 rep.
31 225 ILCS 650/7 rep.
32 225 ILCS 650/19.1 rep.