Section 515.5  Definitions

 

a)         As used in this Part the following terms shall have the meanings specified:

 

"Act" means the Illinois Refrigerated Warehouses Act [240 ILCS 35].

 

"Sanitary Inspection Act" means the Sanitary Food Preparation Act [410 ILCS 650].

 

b)         Words in the singular form shall be deemed to include the plural, words in the masculine form shall be deemed to include the feminine form, and vice versa, as the case may require.

 

(Source:  Amended at 18 Ill. Reg. 14930, effective September 26, 1994)

 

Section 515.10  Enforcement

 

The Director and his subordinates shall be charged with enforcement of said Act and shall exercise the authority therein conferred.

 

Section 515.20  Who is Required to be Licensed

 

Where a person, firm, or corporation operates more than one refrigerated warehouse, a separate license is required for each separate plant or warehouse.

 

Section 515.30  Articles of Food Covered by the Act

 

The provisions of the Refrigerated Warehouses Act apply to all articles of food as defined in Section 1, Paragraph (c) of the Act, when held at a temperature of 45 degrees Fahrenheit or below for 30 days or more before distribution to wholesalers, retailers, or jobbers.

 

Section 515.40  Application for License

 

The application for license to operate a refrigerated warehouse shall be made to the Department upon blanks furnished by the Department and shall be accompanied by the license fee of fifty dollars ($50.00).

 

(Source: Rules and Regulations Relating to Refrigerated Warehouses, filed Feb. 9, 1972, effective Feb. 19, 1972)

 

Section 515.50  Renewal of License

 

Warehouses shall be licensed for a period of one year from the date of issuance of the license, and renewals shall be made upon each anniversary thereafter.

 

Section 515.60   Construction and Equipment Requirements

 

Refrigerated warehouses shall comply with provisions of the Sanitary Inspection Act [410 ILCS 650] as well as the Illinois Refrigerated Warehouses Act.  Refrigerated warehouses shall be constructed and equipped with accurate and reliable controls as necessary for the freezing and holding in a frozen condition any food product accepted for storage. Upon examination of the warehouse, the Department inspector shall notify the licensee in writing of any condition which exists that could be detrimental to the freezing and holding of the food product or its use as human food or intended use without causing physical or health conflicts.  The notice shall also state what must be done to remedy the condition and the time limit for doing so.  In setting the time period for bringing the refrigerated warehouse into compliance, the Department shall consider the type of food product in storage, the length of time it has been in storage, its apparent condition, costs and time necessary to remedy the condition, and any facts or circumstances that could affect the wholesome condition of the food product.  The Department's primary concern is to keep the food product in storage acceptable for human food or intended use.  No license will be issued or the license will be revoked if the licensee fails or refuses to bring the warehouse into compliance.  This rule is subject to 8 Ill. Adm. Code 515.100.

 

(Source:  Amended at 18 Ill. Reg. 14930, effective September 26, 1994)

 

Section 515.70  Revocation of License (Repealed)

 

(Source:  Repealed at 7 Ill. Reg. 1770, effective February 2, 1983)

 

Section 515.80  Identification of Containers

 

No article of food intended for other than human consumption shall be received or placed in storage unless the article or container is plainly and permanently marked with indelible, capital letters not less than one inch in height, "NOT FOR HUMAN CONSUMPTION." Where the character of the article or the container renders the placing of such a mark thereon impracticable, the mark shall be placed on a tag attached to the article, container, or bulk mass when placed in storage.

 

(Source:  Amended at 7 Ill. Reg. 1770, effective February 2, 1983)

 

Section 515.90  Lot Numbers

 

All articles of food when received by a refrigerated warehouse shall be identified and stamped with a lot number before it is placed in storage. Such lot number shall appear on the warehouse record showing the name and address of the owner, person, or firm responsible for placing the foods in storage, together with the true name of the article, the amount stored and the date of receipt into and delivery from refrigeration, with record of any transfers of account or other memoranda relating to such lots. The removal or erasure of any mark, stamp, or tag required by the Act or the transfer of the food from one container to another for the purpose of evading any of the provisions of the Act will be deemed a violation thereof (see 8 Ill. Adm. Code 515.100).

 

(Source:  Amended at 7 Ill. Reg. 1770, effective February 2, 1983)

 

Section 515.100  Violation

 

If licensee fails or refuses to comply with the provisions of the Act, the rules promulgated pursuant thereto (8 Ill. Adm. Code 515), or any notification issued by the Department, the licensee shall be notified personally or by certified or registered mail to attend an administrative hearing (see 8 Ill. Adm. Code 515.150) for the purpose of determining whether the warehouse license should be revoked and the case submitted for prosecution in accordance with Section 13 of the Act.  A license shall be revoked in accordance with Section 3 of the Act.

 

(Source:  Amended at 7 Ill. Reg. 1770, effective February 2, 1983)

 

Section 515.110  Extension of Storage Period

 

In accordance with Section 8 of the Act, applications for permits to retain articles of food in storage beyond the 24-month period shall be received by the Department at least 30 days before expiration of the time that the food is to be removed from storage.  Extension for further storage shall be granted if, upon examination, the articles of food are found to be in wholesome condition for further storage in accordance with the Meat and Poultry Inspection Act [225 ILCS 650] and the Meat and Poultry Inspection rules (8 Ill. Adm. Code 125).  If extension of the time period of storage is approved, the Department shall issue to the licensee a written order stating the extension of time allowable for the food products covered in such request for extension. In determining the extension period, the Department shall consider the type of food product in storage, its apparent condition, length of time it has been in storage and any facts or circumstances that could affect the wholesome condition of the food product for human consumption or its intended use. If the licensee is not satisfied with the decision on the extension, the licensee may request an administrative hearing (see 8 Ill. Adm. Code 515.150) to present his case.  When requested by the Department for use at an administrative hearing or in order for the inspector to assure the wholesomeness of the food product in extended storage, the refrigerated warehouseman shall furnish a list of all foods in said warehouse which have been in storage 24 months, including the time such product was held in other Illinois warehouses and other states where the facts are known.

 

(Source:  Amended at 18 Ill. Reg. 14930, effective September 26, 1994)

 

Section 515.120  Records and Inventory

 

All persons, firms, or corporations must keep records that will fully and correctly disclose all transactions involved in their business. The licensee will be required to sign a consent statement on the license application, which will permit authorized Department personnel entrance onto the premises for inspection, access to records and inventory, and to copy any records during reasonable business hours or at other times as deemed necessary by the Department to properly enforce the Act.

 

(Source:  Amended at 7 Ill. Reg. 1770, effective February 2, 1983)

 

Section 515.130  Retention, Confiscation, and Destruction

 

Any authorized representative of the Department is empowered to retain in the warehouse or confiscate any product stored over 24 months and found to be in noncompliance with the Meat and Poultry Inspection Act [225 ILCS 650] and the rules promulgated pursuant thereto (8 Ill. Adm. Code 125).  The licensee will be notified personally or by certified or registered mail of an administrative hearing (see 8 Ill. Adm. Code 515.150) to determine the disposition of the product.  If, upon examination by the proper authorities, such product is found to be unwholesome or if licensee fails or refuses to correct food products that are improperly labeled or improperly packed, the Department shall confiscate and cause such product to be destroyed or designated for use other than human consumption where the condition of the product will permit such use.

 

(Source:  Amended at 18 Ill. Reg. 14930, effective September 26, 1994)

 

Section 515.140  Transportation and Transactions

 

No warehouseman shall transport, receive, or offer for transportation any product suspected of being unwholesome, improperly labeled, or improperly packed. All products received for storage shall be in compliance with the Illinois statutes.

 

(Source: Rules and Regulations Relating to Refrigerated Warehouses, filed August 1, 1974, effective August 12, 1974)

 

Section 515.150  Administrative Hearings

 

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative hearings, petitions, proceedings, contested cases, declaratory rulings and availability of Department files for public access.  Administrative hearings are governed by the Illinois Administrative Procedure Act and Subpart B of the Department's Administrative Rules.  The final administrative decision of the Department (see 8 Ill. Adm. Code 1.75(k) and 1.340) shall be subject to Section 10-40 of the Act.

 

(Source:  Amended at 18 Ill. Reg. 14930, effective September 26, 1994)