|
|
Public Act 094-1052
|
| SB2841 Enrolled |
LRB094 17299 RAS 52592 b |
|
|
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 Sections 2, 3, and 5.2 as follows:
|
(225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
|
Sec. 2. Definitions. As used in this Act:
|
"Adulterated" means any carcass, or part of a
carcass, meat |
or meat food product, or poultry or poultry food product if:
|
(1) it bears or contains any poisonous or deleterious
|
substance which may render it injurious to health, but if |
the
substance is not an added substance the article is not
|
adulterated under this paragraph if the quantity of such |
substance
in or on the article does not ordinarily render |
it injurious to
health;
|
(2) it bears or contains, because of the
administering |
of any substance to the live animal, poultry, or
other food |
product, any added poisonous or added deleterious |
substance
other than (A) a pesticide chemical in or on a |
raw agricultural
commodity or (B) a food additive or a |
color additive that, in the
judgment of the Director, may |
make the article unfit for human
food;
|
(3) it is, in whole or in part, a raw agricultural
|
commodity and the commodity bears or contains a pesticide
|
chemical that is unsafe within the meaning of Section 408 |
of the
federal Food, Drug, and Cosmetic Act;
|
(4) it bears or contains any food additive that is
|
unsafe within the meaning of Section 409 of the federal |
Food,
Drug, and Cosmetic Act;
|
(5) it bears or contains any color additive which is
|
unsafe within the meaning of Section 706 of the federal |
Food,
Drug, and Cosmetic Act, provided that an article that |
|
is not
adulterated under paragraph (3), (4), or (5) is |
nevertheless
adulterated if use of the pesticide chemical, |
food additive, or
color additive in or on the article is |
prohibited under Section
13 or 16 of this Act;
|
(6) it consists in whole or in part of any filthy,
|
putrid, or decomposed substance or is for any reason |
unsound,
unhealthful, unwholesome, or otherwise unfit for |
human food;
|
(7) it has been prepared, packed, or held under
|
unsanitary conditions whereby it may have become |
contaminated
with filth, or whereby it may have been |
rendered injurious to
health;
|
(8) it is, in whole or in part, the product of an |
animal
or poultry that has died otherwise than by |
slaughter;
|
(9) its container is composed, in whole or in part, of
|
any poisonous or deleterious substance that may render the
|
contents injurious to health;
|
(10) it has been intentionally subjected to radiation,
|
unless the use of the radiation was in conformity with a
|
regulation or exemption under Section 409 of the federal |
Food,
Drug, and Cosmetic Act;
|
(11) any valuable constituent has been in whole or in |
part
omitted or abstracted from the article; any substance |
has
been substituted, wholly or in part; damage or |
inferiority has
been concealed in any manner; or any |
substance has been added,
mixed, or packed with the article |
to increase its bulk or
weight, to reduce its quality or |
strength, or to make it appear
better or of greater value |
than it is; or
|
(12) it bears or contains sodium benzoate or benzoic |
acid
or any combination thereof, except as permitted in |
accordance
with the federal meat or poultry programs.
|
"Amenable" means foods containing 3% or more raw, or more |
than 2% cooked, red meat or poultry, other edible portions of |
carcass or bird, or products that historically have been |
|
considered by customers as products of the meat or poultry |
industry.
|
"Animals" means cattle, calves, American bison (buffalo),
|
catalo, cattalo, sheep, swine, domestic deer, domestic elk,
|
domestic antelope, domestic reindeer, ratites, water buffalo, |
and
goats.
|
"Capable of use as human food" means the carcass of any
|
animal or poultry, or part or product of a carcass of any |
animal
or poultry, unless it is denatured to deter its use as |
human food
or it is naturally inedible by humans.
|
"Custom processing" means the cutting up, packaging,
|
wrapping, storing, freezing, smoking, or curing of meat or |
poultry
products as a service by an establishment for the owner |
or the
agent of the owner of the meat or poultry products |
exclusively
for use in the household of the owner and his or |
her nonpaying guests
and employees
or slaughtering with respect |
to live poultry purchased by the consumer at this
establishment |
and processed by a custom plant operator in accordance with the
|
consumer's instructions.
|
"Custom slaughter" means the slaughtering, skinning,
|
defeathering, eviscerating, cutting up, packaging, or wrapping |
of
animals or poultry as a service by an establishment for the |
owner
or the agent of the owner of the animals or poultry |
exclusively
for use in the household of the owner and his or |
her nonpaying guests
and employees.
|
"Department" means the Department of Agriculture of the
|
State of Illinois.
|
"Director" means, unless otherwise provided, the Director |
of
the Department of Agriculture of the State of Illinois or |
his or her
duly appointed representative.
|
"Establishment" means all premises where animals,
poultry, |
or both, are slaughtered or otherwise prepared either
for |
custom, resale, or retail for food purposes, meat or poultry
|
canneries, sausage factories, smoking or curing operations,
|
restaurants, grocery stores, brokerages, cold storage plants,
|
processing plants, and similar places.
|
|
"Federal Food, Drug, and Cosmetic Act" means the Act
|
approved June 25, 1938 (52 Stat. 1040), as now or hereafter
|
amended.
|
"Federal inspection" means the meat and poultry inspection
|
service conducted by the United States Department of |
Agriculture
by the authority of the Federal Meat Inspection Act |
and the
Federal Poultry Products Inspection Act.
|
"Federal Meat Inspection Act" means the Act approved March
|
4, 1907 (34 Stat. 1260), as now or hereafter amended by the
|
Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
|
"Illinois inspected and condemned" means that the meat or
|
poultry product so identified and marked is unhealthful,
|
unwholesome, adulterated, or otherwise unfit for human food and
|
shall be disposed of in the manner prescribed by the |
Department.
|
"Illinois inspected and passed" means that the meat or
|
poultry product so stamped and identified has been inspected |
and
passed under the provisions of this Act and the rules and
|
regulations pertaining thereto at the time of inspection and
|
identification was found to be sound, clean, wholesome, and
|
unadulterated.
|
"Illinois retained" means that the meat or poultry product
|
so identified is held for further clinical examination by a
|
veterinary inspector to determine its disposal.
|
"Immediate container" means any consumer package or any
|
other container in which livestock products or poultry |
products,
not consumer packaged, are packed.
|
"Inspector" means any employee of the Department |
authorized
by the Director to inspect animals and poultry or |
meat and
poultry products.
|
"Label" means a display of written, printed, or graphic
|
matter upon any article or the immediate container, not |
including
package liners, of any article.
|
"Labeling" means all labels and other written, printed, or
|
graphic matter (i) upon any article or any of its containers or
|
wrappers or (ii) accompanying the article.
|
|
"Meat broker", "poultry broker", or "meat and poultry |
broker"
means any person, firm, or corporation engaged in the |
business of
buying, negotiating for purchase of, handling or |
taking
possession of, or selling meat or poultry products on |
commission
or otherwise purchasing or selling of such articles |
other than for
the person's own account in their original
|
containers without changing the character of the products in |
any
way. A broker shall not possess any processing equipment in |
his
or her licensed facility.
|
"Meat food product" means any product capable of use as
|
human food that is made wholly or in part from any meat or |
other
portion of the carcass of any cattle, sheep, swine, or |
goats,
except products that contain meat or other portions of |
such
carcasses only in a relatively small proportion or |
products that historically
have not been considered by |
consumers as products of the meat
food industry and that are |
exempted from definition as a meat
food product by the Director |
under such conditions as the
Director may prescribe to assure |
that the meat or other portions
of such carcass contained in |
such product are not adulterated and
that such products are not |
represented as meat food products.
This term as applied to food |
products of equines or domestic deer
shall have a meaning |
comparable to that provided in this
definition with respect to |
cattle, sheep, swine, and goats.
|
"Misbranded" means any carcass, part thereof, meat or
meat |
food product, or poultry or poultry food product if:
|
(1) its labeling is false or misleading in any
|
particular;
|
(2) it is offered for sale under the name of another
|
food;
|
(3) it is an imitation of another food, unless its |
label
bears, in type of uniform size and prominence, the |
word
"imitation" followed immediately by the name of the |
food
imitated;
|
(4) its container is made, formed, or filled so as to |
be
misleading;
|
|
(5) it does not bear a label showing (i) the name and |
place
of business of the manufacturer, packer, or |
distributor and (ii)
an accurate statement of the quantity |
of the contents in terms of
weight, measure, or numerical |
count; however, reasonable
variations in such statement of |
quantity may be permitted;
|
(6) any word, statement, or other information required |
by
or under authority of this Act to appear on the label or |
other
labeling is not prominently placed thereon with such
|
conspicuousness as compared with other words, statements,
|
designs, or devices in the labeling and in such terms as to |
make
the label likely to be read and understood by the |
general public
under customary conditions of purchase and |
use;
|
(7) it purports to be or is represented as a food for
|
which a definition and standard of identity or composition |
is
prescribed in Sections 13 and 16 of this Act unless (i) |
it
conforms to such definition and standard and (ii) its |
label bears
the name of the food specified in the |
definition and standard
and, as required by such |
regulations, the common names of
optional ingredients |
other than spices and flavoring present in
such food;
|
(8) it purports to be or is represented as a food for
|
which a standard of fill of container is prescribed in |
Section 13
of this Act and it falls below the applicable |
standard of fill
of container applicable thereto, unless |
its label bears, in such
manner and form as such |
regulations specify, a statement that it
falls below such |
standard;
|
(9) it is not subject to the provisions of paragraph
|
(7), unless its label bears (i) the common or usual name of |
the
food, if any, and (ii) if it is fabricated from 2 or |
more
ingredients, the common or usual name of each |
ingredient, except
that spices and flavorings may, when |
authorized by standards or
regulations adopted in or as |
provided by Sections 13 and 16 of
this Act, be designated |
|
as spices and flavorings without naming
each;
|
(10) it purports to be or is represented for special
|
dietary uses, unless its label bears such information |
concerning
its vitamin, mineral, and other dietary |
properties as determined
by the Secretary of Agriculture of |
the United States in order
to fully inform purchasers as to |
its value for such uses;
|
(11) it bears or contains any artificial flavoring,
|
artificial coloring, or chemical preservative, unless it |
bears
labeling stating that fact or is exempt; or
|
(12) it fails to bear, directly thereon or on its
|
container, the inspection legend and unrestricted by any of |
the
foregoing provisions, such other information as |
necessary to
assure that it will not have false or |
misleading labeling and
that the public will be informed of |
the manner of handling
required to maintain the article in |
a wholesome condition.
|
"Official establishment" means any establishment as
|
determined by the Director at which inspection of the slaughter
|
of livestock or poultry or the preparation of livestock |
products
or poultry products is maintained under the authority |
of this
Act.
|
"Official mark of inspection" means the official mark of
|
inspection used to identify the status of any meat product or
|
poultry product or animal under this Act as established by |
rule.
|
Prior to the manufacture, a complete and accurate
|
description and design of all the brands, legends, and symbols
|
shall be submitted to the Director for approval as to |
compliance
with this Act. Each brand or symbol that bears the |
official
mark shall be delivered into the custody of the |
inspector in
charge of the establishment and shall be used only |
under the
supervision of a Department employee. When not in |
use, all such
brands and symbols bearing the official mark of |
inspection shall
be secured in a locked locker or compartment, |
the keys of which
shall not leave the possession of Department |
|
employees.
|
"Person" means any individual or entity, including, but not
|
limited to, a sole proprietorship, partnership, corporation,
|
cooperative, association, limited liability company,
estate, |
or trust.
|
"Pesticide chemical", "food additive", "color additive", |
and
"raw agricultural commodity" have the same meanings for |
purposes
of this Act as under the federal Food, Drug, and |
Cosmetic Act.
|
"Poultry" means domesticated birds or rabbits, or both, |
dead
or alive, capable of being used for human food.
|
"Poultry products" means the carcasses or parts of |
carcasses
of poultry produced entirely or in substantial part |
from such
poultry, including but not limited to such products |
cooked,
pressed, smoked, dried, pickled, frozen, or similarly |
processed.
|
"Poultry Products Inspection Act" means the Act approved |
August
28, 1957 (71 Stat. 441), as now or hereafter amended by |
the
Wholesome Poultry Products Act, approved August 18, 1968 |
(82 Stat. 791), as now
or hereafter amended.
|
"Poultry Raiser" means any person who raises poultry,
|
including rabbits, on his or her own farm or premises who does |
not
qualify as a producer as defined under
this Act.
|
"Processor" means any person engaged in the business of
|
preparing animal food from animals, including poultry, derived |
wholly or in
part from livestock or poultry carcasses or parts |
or products of
such carcasses.
|
"Shipping container" means any container used or intended
|
for use in packaging the product packed in an immediate
|
container.
|
"Slaughterer" means an establishment where any or all of |
the
following may be performed on animals or poultry: (i) |
stunning;
(ii) bleeding; (iii) defeathering, dehairing, or |
skinning; (iv)
eviscerating; or (v) preparing carcasses for |
chilling.
|
"State inspection" means the meat and poultry inspection
|
|
service conducted by the Department of Agriculture of the State
|
of Illinois by the authority of this Act.
|
(Source: P.A. 91-170, eff. 1-1-00.)
|
(225 ILCS 650/3) (from Ch. 56 1/2, par. 303)
|
Sec. 3. Licenses.
|
(a) No person shall operate an establishment as
defined in |
Section 2 or act as a broker as defined in Section 2
without |
first securing a license from the Department except as |
otherwise
exempted.
|
(b) The following annual fees shall accompany each license |
application
for the license year from July 1 to June 30 or any |
part thereof. These
fees are non-refundable.
|
Meatbroker, Poultry broker or Meat and Poultry |
broker ..............................................$50
|
Type I Establishment - Processor, Slaughterer, or |
Processor and
Slaughterer
of Meat, Poultry or Meat and |
Poultry .................................................$50
|
Type II Establishment - Processor, Slaughterer, or |
Processor and
Slaughterer
of Meat, Poultry or Meat and |
Poultry .................................................$50
|
Application for licenses shall be made to the Department in |
writing on
forms prescribed by the Department.
|
(c) The license issued shall be in such form as the |
Department
prescribes, shall be under the seal of the |
Department and shall contain
the name of the licensee, the |
location for which the license is issued,
the type of |
operation, the period of the license, and such other
|
information as the Department requires. The original license or |
a
certified copy of it shall be conspicuously displayed by the |
licensee in
the establishment.
|
(d) Failure to meet all of the conditions to retain a |
license may result
in a denial of a renewal of a license. The |
licensee may request an
administrative hearing to dispute the |
denial of renewal, after which the
Director shall enter an |
order either renewing or refusing to renew the license.
|
|
(e) A penalty of $50 shall be assessed if renewal license |
applications are
not received by July 1 of each year and |
establishment operations shall be discontinued until payment |
is received in full.
|
(Source: P.A. 90-655, eff. 7-30-98; 91-170, eff. 1-1-00.)
|
(225 ILCS 650/5.2)
|
Sec. 5.2. Type II licenses.
|
(a) Type II establishments licensed
under this Act for |
custom slaughtering and custom processing
shall:
|
(1) Be permitted to receive, for processing, meat |
products
and poultry products from animals and poultry |
slaughtered by the
owner or for the owner for his or her |
own personal use or for use by
his or her household.
|
(2) Be permitted to receive live animals and poultry
|
presented by the owner to be slaughtered and processed for |
the
owner's own personal use or for use by his or her |
household.
|
(3) Be permitted to receive, for processing, inspected |
meat
products and inspected poultry products for the |
owner's own
personal use or for use by his or her |
household.
|
(4) Stamp the words "NOT FOR SALE-NOT INSPECTED" in |
letters at least 3/8
inches in height on all carcasses of |
animals and immediate poultry product
containers for |
poultry
slaughtered in such establishment and on all meat |
products and
immediate poultry product containers for |
poultry products processed in that
establishment.
|
(5) Conspicuously display a license issued by the |
Department
and bearing the words "NO SALES PERMITTED".
|
(6) Keep a record of the name and address of the owner |
of
each carcass or portion thereof received in such |
licensed
establishment, the date received, and the dressed |
weight. Such
records shall be maintained for at least one |
year and shall be
available, during reasonable hours, for |
inspection by Department
personnel.
|