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Public Act 92-0677
HB4890 Enrolled LRB9213810DHmg
AN ACT concerning farm products.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Egg and Egg Products Act is
amended by changing Sections 6, 8, 10, and 15 as follows:
(410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)
Sec. 6. Candling; labeling; sales by producers; retail
sales; temperature requirements. All eggs sold at retail or
purchased by institutional consumers must be candled for
quality and graded for size.
A producer may sell, direct to a household consumer for
that consumer's personal use and that consumer's non-paying
guests, eggs produced by a producer's own birds without
candling or grading the eggs.
A producer may sell on his own premises where eggs are
produced, direct to household consumers, for the consumer's
personal use and that consumer's non-paying guests, nest run
eggs classified as checks and dirties without candling or
grading those eggs.
All eggs designated for sale off the premises where the
flock is located, such as at farmers' markets, and at retail
or for institutional use must be candled and graded and held
in a place or room in which the temperature may not exceed 45
degrees Fahrenheit after processing. Nest run eggs shall be
held at 60 degrees Fahrenheit or less at all times. During
transportation, the egg temperature may not exceed 45 degrees
Fahrenheit.
Hatcheries buying eggs for hatching purposes from
producers under contract may sell their surplus eggs to a
licensed packer or handler provided that the hatchery shall
keep records which indicate the number of cases sold, the
date of sale and the name and address of the packer or
handler making the purchase.
All eggs candled or candled and graded outside the State
must meet Federal standards before they can be sold or
offered for sale in the State. No eggs may be offered for
sale for consumer use after the original 30-day candling
date. All eggs candled or candled and graded must be
recandled and regraded if not sold at retail within 30 days
of the original candling date.
Each container of eggs offered for sale or sold at
wholesale or retail must be labeled in accordance with the
standards established by the Department showing grade, size,
packer identification, and candling packing date, and may be
labeled with an expiration date, or other similar language as
specified by USDA standards, that is not later than 30 days
from after the candling packing date for grade A eggs and not
later than 15 days after the candling date for grade AA eggs.
The date of candling and an expiration date not later than 30
days after the date of packing must appear in lettering on
the container in which the eggs are offered for sale. Eggs
identified as grade AA shall have an expiration date not
later than 15 days after the date of packing.
The grade and size of eggs must be conspicuously marked
in bold face type on all consumer-size containers.
The size and height of lettering or numbering requirement
shall be set by regulation and shall conform as near as
possible to those required by Federal law.
All advertising of shell eggs for sale at retail for a
stated price shall contain the grade and size of the eggs.
The information contained in such advertising shall not be
misleading or deceptive. In cases of food-borne disease
outbreaks in which eggs are identified as the source of the
disease, all eggs from the flocks from which those
disease-causing eggs came shall be identified with a producer
identification or flock code number to control the movement
of those eggs.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/8) (from Ch. 56 1/2, par. 55-8)
Sec. 8. Any person or business who buys, sells, trades,
or traffics in eggs in this State and is a broker,
distributor, handler, packer, producer, or producer-dealer,
as defined in this Act, must be licensed in this State. A
limited or full license must be purchased annually. No person
or business shall buy, sell, trade, or traffic in barter eggs
in this State without having obtained a license as provided
in Section 9, except the following:
(a) A producer who obtains eggs from his own flock,
regardless of the size of the flock, and sells them as nest
run eggs, either to household consumers on the premises where
the flock is located, or to a holder of an Illinois Egg
License;
(b) Hatcheries which purchase eggs to be used
exclusively for hatching purposes;
(c) Institutional consumers where all eggs purchased are
served in the establishment;
(d) Manufacturers of food products who use all eggs
purchased in their products such as bakeries,
confectioneries, and ice cream manufacturers, etc.;
(e) Agents employed and carried on the payroll on a
salary basis by licensed dealers or distributors;
(f) A consumer buying eggs for his own consumption;
(g) A retailer who buys eggs from licensed distributors
or from licensed handlers only and sells eggs only at retail.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/10) (from Ch. 56 1/2, par. 55-10)
Sec. 10. Inspection fee. The Director shall set, by
regulation, a per case inspection fee which shall cover the
administrative and inspection costs of the program required
by the Act. In no case shall the rate exceed 6¢ per each 30
dozen eggs or fraction thereof.
The inspection fee as set shall be imposed upon eggs
bearing a designated size and grade sold or offered for sale
in Illinois. The first handler in Illinois who packed and
sold the eggs must pay the prescribed inspection fee on those
eggs. If eggs are shipped into Illinois, the handler who
invoiced the eggs to Illinois must pay the fee. The fee shall
be paid by the handler at the point of candling and grading.
When the handler sells the eggs, the inspection fee shall be
charged in addition to the sale price of the eggs and shall
be remitted to the seller by the purchaser. Each sales
invoice shall indicate the amount of inspection fee for the
transaction. Eggs sold and shipped out of the State of
Illinois by Illinois packers are exempt from the inspection
fee.
The inspection fee shall be paid only once on the same
quantity of eggs so long as those eggs maintain their
identity by remaining in their original case, carton or
package. All inspection fees shall be paid into the
"Agricultural Master Fund" to the credit of a special account
designated as the "Auxiliary Egg Inspection Fund". All
amounts credited to the "Auxiliary Egg Inspection Fund" shall
be used for the enforcement of the provisions of this Act.
The method and manner of collecting the inspection fee
levied, whether it be by the use of stamps, monthly reporting
and collecting from dealers or any other method shall be
prescribed by the Director of Agriculture, pursuant to rules
and regulations adopted for this purpose as authorized under
the provisions of this Act.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)
Sec. 15. Samples; packing methods. The Department shall
prescribe methods in conformity with the United States
Department of Agriculture specifications for selecting
samples of lots, cases or containers of eggs or egg products
which shall be reasonably calculated to produce fair
representations of the entire lots or cases and containers
sampled. Any sample taken shall be prima facie evidence in
any court in this State of the true condition of the entire
lot, case or container of eggs or egg products in the
examination of which the sample was taken.
It shall be unlawful for any handler or retailer to pack
eggs into consumer-size containers other than during the
original candling and grading operations unless:
(a) The loose eggs to be so transferred are in master
case stamped no more than 5 days previous indicating that the
size and quality have been verified.
(b) The process of transferring is done in a licensed
establishment.
(c) (Blank).
(d) The loose eggs to be transferred are reprocessed in
the same manner as nest-run eggs and each egg is recandled
for quality and regraded for size in an establishment
recognized as a competent grading facility by the Director or
his authorized representative.
(e) (Blank) The retail location shall be granted written
permission to repack eggs and shall comply with the following
requirements:
(1) A retailer shall only repackage clean and sound
shell eggs which originated from properly labeled
consumer-size containers that have been damaged or their
contents damaged. The repacked eggs shall meet U.S.
Department of Agriculture standards for consumer Grade B
eggs. Eggs in the repacked consumer-size container shall
be no less than medium in size. It shall be unlawful to
repackage eggs that do not meet the requirements of
Section 6 of this Act.
(2) The consumer-size egg container that contains
eggs that have been repacked shall be labeled with a
statement declaring that the eggs in the container were
repackaged by the retail store offering the eggs for
sale, the name of the retail store, its location, the
date the eggs were repacked and the oldest candling date
which appeared on the consumer-size egg container or
containers from which the repackaged eggs originated.
The repackaged egg container shall also be labeled "Grade
B Medium" and contain a statement indicating that "some
of the eggs may be larger than indicated on the carton".
(3) The labeling on the consumer-size container
used for the repackaged eggs shall meet the type and
lettering size requirements as required on the original
consumer-size containers. The additional labeling
information required on repacked egg containers shall be
in bold face type with lettering no less than 1/8 inch in
height.
(4) The Department shall grant written permission
to repackage eggs at the retail level when an application
is made by a retailer.
If procedures described in paragraph (a) or (b) of this
Section are executed, the mandatory labeling as it appears
on the master cases with respect to name, address, grade,
size and candling date must be identical to the labeling on
the consumer-size containers into which the eggs are
transferred except that the name and address may be changed,
provided that the words "packed for", "packed by" or words
of similar import do not appear.
(Source: P.A. 89-154, eff. 7-19-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 07, 2002.
Approved July 16, 2002.
Effective July 16, 2002.
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