Public Act 0726 103RD GENERAL ASSEMBLY

HB2601 Enrolled LRB103 30212 AMQ 56640 b

Public Act 103-0726

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Meat and Poultry Inspection Act is amended by changing Section 5.1 as follows:

(225 ILCS 650/5.1)

Sec. 5.1. Type I licenses.

(a) A Type I establishment licensed under this Act who sells or offers for sale meat, meat product, poultry, and poultry product, except as otherwise provided:

(1) shall be permitted to receive meat, meat product, poultry, and poultry product for cutting, processing, preparing, packing, wrapping, chilling, freezing, sharp freezing, or storing, provided it bears an official mark of State of Illinois or of Federal Inspection;

(2) shall be permitted to receive live animals and poultry for slaughter, provided all animals and poultry are properly presented for prescribed inspection to a Department employee; and

(3) (blank).

(b) Before being granted or renewing official inspection, an establishment must develop written sanitation Standard Operating Procedures as required by 8 Ill. Adm. Code 125.141.

(c) Before being granted official inspection, an establishment must conduct a hazard analysis and develop and validate an HACCP plan as required by 8 Ill. Adm. Code 125.142. A conditional grant of inspection shall be issued for a period not to exceed 90 days, during which period the establishment must validate its HACCP plan.

Any establishment subject to inspection under this Act that believes, or has reason to believe, that an adulterated or misbranded meat or meat food product received by or originating from the establishment has entered into commerce shall promptly notify the Director with regard to the type, amount, origin, and destination of the meat or meat food product.

The Director shall require that each Type I establishment subject to inspection under this Act shall, at a minimum:

(1) prepare and maintain current procedures for the recall of all meat, poultry, meat food products, and poultry food products with a mark of inspection produced and shipped by the establishment;

(2) document each reassessment of the process control plans of the establishment; and

(3) upon request, make the procedures and reassessed process control plans available to inspectors appointed by the Director for review and copying.

(d) Any establishment licensed under the authority of this Act that receives wild game carcasses shall comply with the following requirements regarding wild game carcasses:

(1) Wild game carcasses shall be dressed prior to entering the processing or refrigerated areas of the licensed establishment.

(2) Wild game carcasses stored in the refrigerated area of the licensed establishment shall be kept separate and apart from inspected products.

(3) A written request shall be made to the Department on an annual basis if a licensed establishment is suspending operations regarding an amenable product due to handling of wild game carcasses.

(4) A written procedure for handling wild game shall be approved by the Department.

(5) All equipment used that comes in contact with wild game shall be thoroughly cleaned and sanitized prior to use on animal or poultry carcasses.

(e) The Director may exempt from inspection animals slaughtered or any meat or meat food products prepared on a custom basis at a Type I licensee only if the Type I licensee complies with all of the following:

(1) rules that the Director is hereby authorized to adopt to ensure that (A) any carcasses, parts of carcasses, meat, or meat food products wherever handled on a custom basis, or any containers or packages containing such articles, are separated at all times from carcasses, parts of carcasses, meat, or meat food products prepared for sale; (B) that all such articles prepared on a custom basis, or any containers or packages containing such articles, are plainly marked "NOT FOR SALE" "NOT FOR SALE-NOT INSPECTED" immediately after being prepared and kept so identified until delivered to the owner; and (C) the establishment conducting the custom operation is maintained and operated in a sanitary manner;

(2) providing annual notification in writing to the Bureau Chief of the Department's Bureau of Meat and Poultry Inspection of the licensee's intent to use the custom operation provision;

(3) providing written notification to the Department's assigned supervisor or inspector of the use of the custom operation provision (slaughtering or receipt of product)the next scheduled inspection day after each occurrence;

(4) keeping all custom exempt animals and product segregated from animals and product designated for slaughter and processing;

(5) ensuring that cattle are ambulatory at the time of slaughter and will be documented as so by the owner of the animal;

(6) the prohibition on changing the animal status to "intended for custom exemption" after the establishment offers the animal for antemortem inspection;

(7) the prohibition on performing custom exempt operations unless there is a complete physical separation of product and processes by time or space and the finished products are separately maintained; and

(8) when conducting custom exempt operations requiring any cutting or boning outside the hours of inspected operations, before inspected operations occur, the licensee shall have the employees:

(A) change their outer garments;

(B) clean and sanitize their hands; and

(C) clean and sanitize the facilities and equipment as described in the establishment's sanitation operating procedures.

(Source: P.A. 100-863, eff. 8-14-18; 100-1185, eff. 7-1-19.)