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91_SB0073ham001
LRB9101575DHmgam01
1 AMENDMENT TO SENATE BILL 73
2 AMENDMENT NO. . Amend Senate Bill 73 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Meat and Poultry Inspection Act is
5 amended by changing Section 5 as follows:
6 (225 ILCS 650/5) (from Ch. 56 1/2, par. 305)
7 Sec. 5. Exemptions - Producers, Retailers, Custom
8 Slaughterers, Poultry Raisers, and Custom Processors.
9 Within the meaning of this Act:
10 (A) A "producer" means any person engaged in producing
11 agricultural products, on whose farm the number of animals or
12 poultry is in keeping with the size of the farm or with the
13 volume or character of the agricultural products produced
14 thereon, but does not mean any person engaged in producing
15 agricultural products who:
16 1. actively engages in buying or trading animals or
17 poultry or both; or
18 2. actively engages directly or indirectly in conducting
19 a business which includes the slaughter of animals or poultry
20 or both, for human food purposes; or
21 3. actively engages, directly or indirectly, in canning,
22 curing, pickling, freezing, salting meat or poultry, or in
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1 preparing meat or poultry products for sale; or
2 4. slaughters or permits any person to slaughter on his
3 or their farm animals or poultry not owned by the producer
4 for more than 30 days.
5 The provisions of this Meat and Poultry Inspection Act
6 requiring inspection to be made by the Director of
7 Agriculture do not apply to animals or poultry slaughtered by
8 any producer on his or her farm, nor to animals or poultry
9 slaughtered on the farm of the owners for the personal or
10 family use of such owner, nor to retail dealers or retail
11 butchers with respect to meat or poultry products sold
12 directly to consumers in retail stores; provided, that the
13 only processing operation performed by such retail dealers or
14 retail butchers is the cutting up of meat or poultry products
15 which have been inspected under the provisions of this Act
16 and is incidental to the operation of the retail food store.
17 Meat or poultry products derived from animals or poultry
18 slaughtered by any producer on the farm which are canned,
19 cured, pickled, frozen, salted or otherwise prepared at any
20 place other than by the producer on the farm upon which the
21 animals or poultry were slaughtered are not exempt under the
22 producer's exemption herein provided.
23 Any person who sells or offers for sale or transports
24 meat or poultry products which are unsound, unhealthful,
25 unwholesome, adulterated, or otherwise unfit for human food,
26 or which have not been inspected and passed by Department,
27 Federal or recognized municipal inspection, knowing that such
28 meat or poultry products are intended for human consumption,
29 is guilty of a Class A misdemeanor and shall be punished as
30 provided by Section 19.
31 (B) The following types of establishments are exempt
32 from specific provisions of this Act:
33 1. Poultry raisers with respect to poultry raised on
34 their own farms or premises (a) if such raisers slaughter,
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1 eviscerate, or further process not more than 5,000 1000
2 poultry during the calendar year for which this exemption is
3 being determined; (b) such poultry raisers do not engage in
4 buying or selling poultry products other than those produced
5 from poultry raised on their own farms or premises; (c) such
6 poultry or poultry products are slaughtered, otherwise
7 prepared, sold or delivered to the consumer on or from the
8 premises for which the exemption is given; (d) such slaughter
9 or preparation shall be performed in sanitary facilities, in
10 a sanitary manner, and subject to periodic inspection by
11 Department personnel; (e) persons desiring such exemptions
12 shall submit in writing a request to the Department. The
13 exemption shall be effective upon written notice from the
14 Department and shall remain in effect for a period of 2
15 years, unless revoked. Adequate records must be maintained
16 to assure that not more than the number of exempted poultry
17 are slaughtered or processed in one calendar year. Such
18 records shall be kept for one year following the termination
19 of each exemption. Any advertisement regarding the exempt
20 poultry or poultry products shall reflect the fact of
21 exemption so as not to mislead the consumer to presume
22 official inspection has been made under "The Meat and Poultry
23 Inspection Act".
24 2. Type II Establishments licensed under this Act for
25 custom slaughtering and custom processing as defined in
26 Sections 2.39 and 2.40 of this Act, who do not sell either
27 meat products or poultry products shall:
28 a. Be permitted to receive, for processing, meat
29 products and poultry products from animals and poultry
30 slaughtered by the owner, or for the owner, for his own
31 personal use, or for use by his household.
32 b. Be permitted to receive live animals and poultry
33 presented by the owner to be slaughtered and processed for
34 the owner's own personal use, or for use by his household.
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1 c. Be permitted to receive, for processing, inspected
2 meat products and inspected poultry products for the owner's
3 own personal use or for use by his household.
4 d. Stamp the words "NOT FOR SALE" in letters at least
5 3/8 inches in height on all carcasses of animals and poultry
6 slaughtered in such establishment and on all meat products
7 and poultry products processed in such establishment.
8 e. Conspicuously display a license issued by the
9 Department and bearing the words "NO SALES PERMITTED".
10 f. Keep a record of the name and address of the owner of
11 each carcass or portion thereof received in such licensed
12 establishment, the date received, and the dressed weight.
13 Such records shall be maintained for at least one year and
14 shall be available, during reasonable hours, for inspection
15 by Department personnel.
16 g. File an annual statement with the Department to the
17 effect that neither meat products nor poultry products are
18 offered for sale.
19 h. No custom slaughterer or custom processor shall
20 engage in the business of buying or selling any poultry or
21 meat products capable of use as human food, or slaughter of
22 any animals or poultry intended for sale.
23 3. A Type I Establishment licensed under the authority
24 of this Act who sells, or offers for sale, meat, meat
25 product, poultry and poultry product shall except as
26 otherwise provided:
27 a. Be permitted to receive meat, meat product, poultry
28 and poultry product for cutting, processing, preparing,
29 packing, wrapping, chilling, freezing, sharp freezing or
30 storing, provided it bears an official mark of State of
31 Illinois or of Federal Inspection.
32 b. Be permitted to receive live animals and poultry for
33 slaughter provided all animals and poultry are properly
34 presented for prescribed inspection by a Department employee.
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1 c. May accept meat, meat product, poultry and poultry
2 product for sharp freezing or storage provided that prior to
3 entry, the meat, meat product, poultry and poultry product
4 has been wrapped or packaged and marked "NOT FOR SALE" as
5 prescribed in subparagraph d of paragraph 4 of subsection (B)
6 of this Section.
7 d. An operator licensed under this Act to slaughter and
8 process poultry shall be permitted to receive for slaughter
9 and cutting up poultry delivered to him by the owner thereof
10 exclusively for use in the household of such owner, by him
11 and members of his household, his nonpaying guests, and
12 employees. Such poultry shall be exempt from inspection
13 provided the operator:
14 (i) Keeps such poultry, poultry carcasses and parts
15 thereof separate from all other meat, meat products, poultry
16 and poultry products at all times while on the premises.
17 (ii) Thoroughly cleans and disinfects all facilities and
18 equipment with which such poultry or parts come in contact
19 upon completion of slaughter and cutting up.
20 (iii) Stamps the words "NOT FOR SALE" as prescribed in
21 subparagraph d of paragraph 4 of subsection (B) of this
22 Section on each immediate package of such poultry or poultry
23 parts.
24 (iv) Records the following information with regard to
25 poultry slaughtered or cut up in his licensed establishment:
26 (a) Name and address;
27 (b) Date received;
28 (c) Number and dressed weight of carcass.
29 (v) Such records shall be maintained for not less than
30 one year and shall be available for inspection by Department
31 personnel during reasonable business hours.
32 4. Any establishment licensed under the authority of
33 this Act that receives wild game carcasses shall comply with
34 the following requirements:
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1 a. Wild game carcasses shall be dressed prior to
2 entering the processing or refrigerated areas of the licensed
3 establishment.
4 b. Wild game carcasses stored in the refrigerated area
5 of the licensed establishment shall be kept separate and
6 apart from inspected products.
7 c. A written request shall be made to the Department for
8 listing of the days and time of day wild game carcasses may
9 be processed.
10 d. All equipment used which comes in contact with wild
11 game shall be thoroughly cleaned and sanitized prior to use
12 on animal or poultry carcasses.
13 5. Establishments in which operations in relation to
14 meat or poultry products consist entirely of storage of such
15 products in individual lockers at or below a temperature of 0
16 degrees F.
17 (C) The Director and any employee of the Department, in
18 the performance of his or her duties under this Act, has
19 power to call on sheriffs and their deputies, and police
20 officers, mayors of cities, city and town marshals and
21 policemen, to assist him or her in carrying out its
22 provisions; and it is the duty of all such officers to assist
23 in carrying out the provisions of this Act when ordered so to
24 do. The Director and any employees of the Department shall
25 have, while engaged in carrying out the provisions of this
26 Act, the same powers and protection as other peace officers.
27 It is unlawful for any such officer to fail or refuse to
28 enforce the lawful orders and quarantine of the Department.
29 (Source: P.A. 85-246.)".