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91_SB1074
LRB9102814LDmb
1 AN ACT to amend the Meat and Poultry Inspection Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Meat and Poultry Inspection Act is
5 amended by changing Sections 2, 3, 5, 8, 9, 10, 11, 13, 14,
6 15, 16.1, 19, and 19.2 and adding Sections 5.1, 5.2, and
7 19.01 as follows:
8 (225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
9 Sec. 2. Definitions. As used in this Act:
10 "Adulterated" means any carcass, or part of a carcass,
11 meat or meat food product, or poultry or poultry food product
12 if:
13 (1) it bears or contains any poisonous or
14 deleterious substance which may render it injurious to
15 health, but if the substance is not an added substance
16 the article is not adulterated under this paragraph if
17 the quantity of such substance in or on the article does
18 not ordinarily render it injurious to health;
19 (2) it bears or contains, because of the
20 administering of any substance to the live animal,
21 poultry, or other food product, any added poisonous or
22 added deleterious substance other than (A) a pesticide
23 chemical in or on a raw agricultural commodity or (B) a
24 food additive or a color additive that, in the judgment
25 of the Director, may make the article unfit for human
26 food;
27 (3) it is, in whole or in part, a raw agricultural
28 commodity and the commodity bears or contains a pesticide
29 chemical that is unsafe within the meaning of Section 408
30 of the federal Food, Drug, and Cosmetic Act;
31 (4) it bears or contains any food additive that is
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1 unsafe within the meaning of Section 409 of the federal
2 Food, Drug, and Cosmetic Act;
3 (5) it bears or contains any color additive which
4 is unsafe within the meaning of Section 706 of the
5 federal Food, Drug, and Cosmetic Act, provided that an
6 article that is not adulterated under paragraph (3), (4),
7 or (5) is nevertheless adulterated if use of the
8 pesticide chemical, food additive, or color additive in
9 or on the article is prohibited under Section 13 or 16 of
10 this Act;
11 (6) it consists in whole or in part of any filthy,
12 putrid, or decomposed substance or is for any reason
13 unsound, unhealthful, unwholesome, or otherwise unfit for
14 human food;
15 (7) it has been prepared, packed, or held under
16 unsanitary conditions whereby it may have become
17 contaminated with filth, or whereby it may have been
18 rendered injurious to health;
19 (8) it is, in whole or in part, the product of an
20 animal or poultry that has died otherwise than by
21 slaughter;
22 (9) its container is composed, in whole or in part,
23 of any poisonous or deleterious substance that may render
24 the contents injurious to health;
25 (10) it has been intentionally subjected to
26 radiation, unless the use of the radiation was in
27 conformity with a regulation or exemption under Section
28 409 of the federal Food, Drug, and Cosmetic Act;
29 (11) any valuable constituent has been in whole or
30 in part omitted or abstracted from the article; any
31 substance has been substituted, wholly or in part; damage
32 or inferiority has been concealed in any manner; or any
33 substance has been added, mixed, or packed with the
34 article to increase its bulk or weight, to reduce its
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1 quality or strength, or to make it appear better or of
2 greater value than it is; or
3 (12) it bears or contains sodium benzoate or
4 benzoic acid or any combination thereof, except as
5 permitted in accordance with the federal meat or poultry
6 programs.
7 "Animals" means cattle, calves, American bison (buffalo),
8 catalo, cattalo, sheep, swine, domestic deer, domestic elk,
9 domestic antelope, domestic reindeer, ratites, water buffalo,
10 and goats.
11 "Capable of use as human food" means the carcass of any
12 animal or poultry, or part or product of a carcass of any
13 animal or poultry, unless it is denatured to deter its use as
14 human food or it is naturally inedible by humans.
15 "Custom processing" means the cutting up, packaging,
16 wrapping, storing, freezing, smoking, or curing of meat or
17 poultry products as a service by an establishment for the
18 owner or the agent of the owner of the meat or poultry
19 products exclusively for use in the household of the owner
20 and his or her nonpaying guests and employees or slaughtering
21 with respect to live poultry purchased by the consumer at
22 this establishment and processed by a custom plant operator
23 in accordance with the consumer's instructions.
24 "Custom slaughter" means the slaughtering, skinning,
25 defeathering, eviscerating, cutting up, packaging, or
26 wrapping of animals or poultry as a service by an
27 establishment for the owner or the agent of the owner of the
28 animals or poultry exclusively for use in the household of
29 the owner and his or her nonpaying guests and employees.
30 "Department" means the Department of Agriculture of the
31 State of Illinois.
32 "Director" means, unless otherwise provided, the Director
33 of the Department of Agriculture of the State of Illinois or
34 his or her duly appointed representative.
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1 "Establishment" means all premises where animals,
2 poultry, or both, are slaughtered or otherwise prepared
3 either for custom, resale, or retail for food purposes, meat
4 or poultry canneries, sausage factories, smoking or curing
5 operations, restaurants, grocery stores, brokerages, cold
6 storage plants, processing plants, and similar places.
7 "Federal Food, Drug, and Cosmetic Act" means the Act
8 approved June 25, 1938 (52 Stat. 1040), as now or hereafter
9 amended.
10 "Federal inspection" means the meat and poultry
11 inspection service conducted by the United States Department
12 of Agriculture by the authority of the Federal Meat
13 Inspection Act and the Federal Poultry Products Inspection
14 Act.
15 "Federal Meat Inspection Act" means the Act approved
16 March 4, 1907 (34 Stat. 1260), as now or hereafter amended by
17 the Wholesome Meat Act (81 Stat. 584), as now or hereafter
18 amended.
19 "Illinois inspected and condemned" means that the meat or
20 poultry product so identified and marked is unhealthful,
21 unwholesome, adulterated, or otherwise unfit for human food
22 and shall be disposed of in the manner prescribed by the
23 Department.
24 "Illinois inspected and passed" means that the meat or
25 poultry product so stamped and identified has been inspected
26 and passed under the provisions of this Act and the rules and
27 regulations pertaining thereto at the time of inspection and
28 identification was found to be sound, clean, wholesome, and
29 unadulterated.
30 "Illinois retained" means that the meat or poultry
31 product so identified is held for further clinical
32 examination by a veterinary inspector to determine its
33 disposal.
34 "Immediate container" means any consumer package or any
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1 other container in which livestock products or poultry
2 products, not consumer packaged, are packed.
3 "Inspector" means any employee of the Department
4 authorized by the Director to inspect animals and poultry or
5 meat and poultry products.
6 "Label" means a display of written, printed, or graphic
7 matter upon any article or the immediate container, not
8 including package liners, of any article.
9 "Labeling" means all labels and other written, printed,
10 or graphic matter (i) upon any article or any of its
11 containers or wrappers or (ii) accompanying the article.
12 "Meat broker", "poultry broker", or "meat and poultry
13 broker" means any person, firm, or corporation engaged in the
14 business of buying, negotiating for purchase of, handling or
15 taking possession of, or selling meat or poultry products on
16 commission or otherwise purchasing or selling of such
17 articles other than for the person's own account in their
18 original containers without changing the character of the
19 products in any way. A broker shall not possess any
20 processing equipment in his or her licensed facility.
21 "Meat food product" means any product capable of use as
22 human food that is made wholly or in part from any meat or
23 other portion of the carcass of any cattle, sheep, swine, or
24 goats, except products that contain meat or other portions of
25 such carcasses only in a relatively small proportion or
26 products that historically have not been considered by
27 consumers as products of the meat food industry and that are
28 exempted from definition as a meat food product by the
29 Director under such conditions as the Director may prescribe
30 to assure that the meat or other portions of such carcass
31 contained in such product are not adulterated and that such
32 products are not represented as meat food products. This
33 term as applied to food products of equines or domestic deer
34 shall have a meaning comparable to that provided in this
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1 definition with respect to cattle, sheep, swine, and goats.
2 "Misbranded" means any carcass, part thereof, meat or
3 meat food product, or poultry or poultry food product if:
4 (1) its labeling is false or misleading in any
5 particular;
6 (2) it is offered for sale under the name of
7 another food;
8 (3) it is an imitation of another food, unless its
9 label bears, in type of uniform size and prominence, the
10 word "imitation" followed immediately by the name of the
11 food imitated;
12 (4) its container is made, formed, or filled so as
13 to be misleading;
14 (5) it does not bear a label showing (i) the name
15 and place of business of the manufacturer, packer, or
16 distributor and (ii) an accurate statement of the
17 quantity of the contents in terms of weight, measure, or
18 numerical count; however, reasonable variations in such
19 statement of quantity may be permitted;
20 (6) any word, statement, or other information
21 required by or under authority of this Act to appear on
22 the label or other labeling is not prominently placed
23 thereon with such conspicuousness as compared with other
24 words, statements, designs, or devices in the labeling
25 and in such terms as to make the label likely to be read
26 and understood by the general public under customary
27 conditions of purchase and use;
28 (7) it purports to be or is represented as a food
29 for which a definition and standard of identity or
30 composition is prescribed in Sections 13 and 16 of this
31 Act unless (i) it conforms to such definition and
32 standard and (ii) its label bears the name of the food
33 specified in the definition and standard and, as required
34 by such regulations, the common names of optional
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1 ingredients other than spices and flavoring present in
2 such food;
3 (8) it purports to be or is represented as a food
4 for which a standard of fill of container is prescribed
5 in Section 13 of this Act and it falls below the
6 applicable standard of fill of container applicable
7 thereto, unless its label bears, in such manner and form
8 as such regulations specify, a statement that it falls
9 below such standard;
10 (9) it is not subject to the provisions of
11 paragraph (7), unless its label bears (i) the common or
12 usual name of the food, if any, and (ii) if it is
13 fabricated from 2 or more ingredients, the common or
14 usual name of each ingredient, except that spices and
15 flavorings may, when authorized by standards or
16 regulations adopted in or as provided by Sections 13 and
17 16 of this Act, be designated as spices and flavorings
18 without naming each;
19 (10) it purports to be or is represented for
20 special dietary uses, unless its label bears such
21 information concerning its vitamin, mineral, and other
22 dietary properties as determined by the Secretary of
23 Agriculture of the United States in order fully to inform
24 purchasers as to its value for such uses;
25 (11) it bears or contains any artificial flavoring,
26 artificial coloring, or chemical preservative, unless it
27 bears labeling stating that fact or is exempt; or
28 (12) it fails to bear, directly thereon or on its
29 container, the inspection legend and unrestricted by any
30 of the foregoing provisions, such other information as
31 necessary to assure that it will not have false or
32 misleading labeling and that the public will be informed
33 of the manner of handling required to maintain the
34 article in a wholesome condition.
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1 "Official establishment" means any establishment as
2 determined by the Director at which inspection of the
3 slaughter of livestock or poultry or the preparation of
4 livestock products or poultry products is maintained under
5 the authority of this Act.
6 "Official mark of inspection" means the official mark of
7 inspection used to identify the status of any meat product or
8 poultry product or animal under this Act as established by
9 rule.
10 Prior to the manufacture, a complete and accurate
11 description and design of all the brands, legends, and
12 symbols shall be submitted to the Director for approval as to
13 compliance with this Act. Each brand or symbol that bears
14 the official mark shall be delivered into the custody of the
15 inspector in charge of the establishment and shall be used
16 only under the supervision of a Department employee. When
17 not in use all such brands and symbols bearing the official
18 mark of inspection shall be secured in a locked locker or
19 compartment, the keys of which shall not leave the possession
20 of Department employees.
21 "Person" means any individual or entity, including, but
22 not limited to, a sole proprietorship, partnership,
23 corporation, cooperative, association, limited liability
24 company, estate, or trust.
25 "Pesticide chemical", "food additive", "color additive",
26 and "raw agricultural commodity" have the same meanings for
27 purposes of this Act as under the federal Food, Drug, and
28 Cosmetic Act.
29 "Poultry" means domesticated birds or rabbits, or both,
30 dead or alive, capable of being used for human food.
31 "Poultry products" means the carcasses or parts of
32 carcasses of poultry produced entirely or in substantial part
33 from such poultry, including but not limited to such products
34 cooked, pressed, smoked, dried, pickled, frozen, or similarly
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1 processed.
2 "Poultry Products Inspection Act" means the Act approved
3 August 28, 1957 (71 Stat. 441), as now or hereafter amended
4 by the Wholesome Poultry Products Act, approved August 18,
5 1968 (82 Stat. 791), as now or hereafter amended.
6 "Poultry Raiser" means any person who raises poultry,
7 including rabbits, on his or her own farm or premises who
8 does not qualify as a producer as defined under this Act.
9 "Processor" means any person engaged in the business of
10 preparing animal food, including poultry, derived wholly or
11 in part from livestock or poultry carcasses or parts or
12 products of such carcasses.
13 "Shipping container" means any container used or intended
14 for use in packaging the product packed in an immediate
15 container.
16 "Slaughterer" means an establishment where any or all of
17 the following may be performed on animals or poultry: (i)
18 stunning; (ii) bleeding; (iii) defeathering, dehairing, or
19 skinning; (iv) eviscerating; or (v) preparing carcasses for
20 chilling.
21 "State inspection" means the meat and poultry inspection
22 service conducted by the Department of Agriculture of the
23 State of Illinois by the authority of this Act., unless the
24 context otherwise requires, the terms specified in Sections
25 2.1 through 2.44 have the meanings ascribed to them in those
26 Sections.
27 (Source: P.A. 82-255.)
28 (225 ILCS 650/3) (from Ch. 56 1/2, par. 303)
29 Sec. 3. Licenses.
30 (a) No person shall operate an establishment as defined
31 in Section 2 2.5 or act as a broker as defined in Section 2
32 2.19 without first securing a license from the Department
33 except as otherwise exempted.
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1 (b) The following annual fees shall accompany each
2 license application for the license year from July 1 to June
3 30 or any part thereof. These fees are non-refundable not
4 returnable.
5 Meatbroker, Poultry broker or Meat and
6 Poultry broker ......................................$50
7 Type I Establishment - Processor, Slaughterer, or
8 Processor and Slaughterer of Meat, Poultry or Meat and
9 Poultry ..............................................$50
10 Type II Establishment - Processor, Slaughterer, or
11 Processor and Slaughterer of Meat, Poultry or Meat and
12 Poultry ..............................................$50
13 Application for licenses shall be made to the Department in
14 writing on forms prescribed by the Department.
15 (c) The license issued shall be in such form as the
16 Department prescribes, shall be under the seal of the
17 Department and shall contain the name of the licensee, the
18 location for which the license is issued, the type of
19 operation, the period of the license, and such other
20 information as the Department requires. The original license
21 or a certified copy of it shall be conspicuously displayed by
22 the licensee in the establishment.
23 (d) Failure to meet all of the conditions to retain a
24 license may result in a denial of a renewal of a license.
25 The licensee may request an administrative hearing to dispute
26 the denial of renewal, after which the Director shall enter
27 an order either renewing or refusing to renew the license.
28 (e) A penalty of $50 shall be assessed if renewal
29 license applications are not received by July 1 of each year.
30 A penalty of $25 shall be assessed if any such license is
31 not renewed by July 1 of each year.
32 (Source: P.A. 90-655, eff. 7-30-98.)
33 (225 ILCS 650/5) (from Ch. 56 1/2, par. 305)
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1 Sec. 5. Exemptions - Producers, Retailers, and Custom
2 Slaughterers, Poultry Raisers, and Custom Processors.
3 Within the meaning of this Act
4 The following types of establishments are exempt from the
5 specific provisions of this Act:
6 (A) A "producer" means any person engaged in producing
7 agricultural products, for personal or family use, on whose
8 farm the number of animals or poultry is in keeping with the
9 size of the farm or with the volume or character of the
10 agricultural products produced thereon, but does not mean any
11 person engaged in producing agricultural products who:
12 1. actively engages in buying or trading animals or
13 poultry or both; or
14 2. actively engages directly or indirectly in conducting
15 a business which includes the slaughter of animals or poultry
16 or both, for human food purposes; or
17 3. actively engages, directly or indirectly, in canning,
18 curing, pickling, freezing, salting meat or poultry, or in
19 preparing meat or poultry products for sale; or
20 4. slaughters or permits any person to slaughter on his
21 or their farm animals or poultry not owned by the producer
22 for more than 30 days.
23 The provisions of this Meat and Poultry Inspection Act
24 requiring inspection to be made by the Director of
25 Agriculture do not apply to animals or poultry slaughtered by
26 any producer on his or her farm, nor to animals or poultry
27 slaughtered on the farm of the owners for the personal or
28 family use of such owner, nor to
29 (A-5) Retail dealers or retail butchers with respect to
30 meat or poultry products sold directly to consumers in retail
31 stores; provided, that the only processing operation
32 performed by such retail dealers or retail butchers is the
33 cutting up of meat or poultry products which have been
34 inspected under the provisions of this Act and is incidental
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1 to the operation of the retail food store. Meat or poultry
2 products derived from animals or poultry slaughtered by any
3 producer on the farm which are canned, cured, pickled,
4 frozen, salted or otherwise prepared at any place other than
5 by the producer on the farm upon which the animals or poultry
6 were slaughtered are not exempt under the producer's
7 exemption herein provided.
8 Any person who sells or offers for sale or transports
9 meat or poultry products which are unsound, unhealthful,
10 unwholesome, adulterated, or otherwise unfit for human food,
11 or which have not been inspected and passed by Department,
12 Federal or recognized municipal inspection, knowing that such
13 meat or poultry products are intended for human consumption,
14 is guilty of a Class A misdemeanor and shall be punished as
15 provided by Section 19.
16 (B) The following types of establishments are exempt
17 from specific provisions of this Act:
18 1. Poultry raisers with respect to poultry raised on
19 their own farms or premises (a) if such raisers slaughter,
20 eviscerate or further process not more than 1000 poultry
21 during the calendar year for which this exemption is being
22 granted determined; (b) such poultry raisers do not engage in
23 buying or selling poultry products other than those produced
24 from poultry raised on their own farms or premises; (c) such
25 poultry or poultry products are slaughtered, otherwise
26 prepared, sold or delivered to the consumer on or from the
27 premises for which the exemption is given; (d) such slaughter
28 or preparation shall be performed in sanitary facilities, in
29 a sanitary manner, and subject to periodic inspection by
30 Department personnel; (e) persons desiring such exemptions
31 shall submit in writing a request to the Department. The
32 exemption shall be effective upon written notice from the
33 Department and shall remain in effect for a period of 2
34 years, unless revoked. Adequate records must be maintained
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1 to assure that not more than the number of exempted poultry
2 are slaughtered or processed in one calendar year. Such
3 records shall be kept for one year following the termination
4 of each exemption. Any advertisement regarding the exempt
5 poultry or poultry products shall reflect the fact of
6 exemption so as not to mislead the consumer to presume
7 official inspection has been made under "The Meat and Poultry
8 Inspection Act".
9 2. Type II Establishments licensed under this Act for
10 custom slaughtering and custom processing as defined in
11 Sections 2.39 and 2.40 of this Act, who do not sell either
12 meat products or poultry products shall:
13 a. Be permitted to receive, for processing, meat
14 products and poultry products from animals and poultry
15 slaughtered by the owner, or for the owner, for his own
16 personal use, or for use by his household.
17 b. Be permitted to receive live animals and poultry
18 presented by the owner to be slaughtered and processed for
19 the owner's own personal use, or for use by his household.
20 c. Be permitted to receive, for processing, inspected
21 meat products and inspected poultry products for the owner's
22 own personal use or for use by his household.
23 d. Stamp the words "NOT FOR SALE" in letters at least
24 3/8 inches in height on all carcasses of animals and poultry
25 slaughtered in such establishment and on all meat products
26 and poultry products processed in such establishment.
27 e. Conspicuously display a license issued by the
28 Department and bearing the words "NO SALES PERMITTED".
29 f. Keep a record of the name and address of the owner of
30 each carcass or portion thereof received in such licensed
31 establishment, the date received, and the dressed weight.
32 Such records shall be maintained for at least one year and
33 shall be available, during reasonable hours, for inspection
34 by Department personnel.
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1 g. File an annual statement with the Department to the
2 effect that neither meat products nor poultry products are
3 offered for sale.
4 h. No custom slaughterer or custom processor shall
5 engage in the business of buying or selling any poultry or
6 meat products capable of use as human food, or slaughter of
7 any animals or poultry intended for sale.
8 3. A Type I Establishment licensed under the authority of
9 this Act who sells, or offers for sale, meat, meat product,
10 poultry and poultry product shall except as otherwise
11 provided:
12 a. Be permitted to receive meat, meat product, poultry
13 and poultry product for cutting, processing, preparing,
14 packing, wrapping, chilling, freezing, sharp freezing or
15 storing, provided it bears an official mark of State of
16 Illinois or of Federal Inspection.
17 b. Be permitted to receive live animals and poultry for
18 slaughter provided all animals and poultry are properly
19 presented for prescribed inspection by a Department employee.
20 c. May accept meat, meat product, poultry and poultry
21 product for sharp freezing or storage provided that prior to
22 entry, the meat, meat product, poultry and poultry product
23 has been wrapped or packaged and marked "NOT FOR SALE" as
24 prescribed in subparagraph d of paragraph 4 of subsection (B)
25 of this Section.
26 d. An operator licensed under this Act to slaughter and
27 process poultry shall be permitted to receive for slaughter
28 and cutting up poultry delivered to him by the owner thereof
29 exclusively for use in the household of such owner, by him
30 and members of his household, his nonpaying guests, and
31 employees. Such poultry shall be exempt from inspection
32 provided the operator:
33 (i) Keeps such poultry, poultry carcasses and parts
34 thereof separate from all other meat, meat products, poultry
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1 and poultry products at all times while on the premises.
2 (ii) Thoroughly cleans and disinfects all facilities and
3 equipment with which such poultry or parts come in contact
4 upon completion of slaughter and cutting up.
5 (iii) Stamps the words "NOT FOR SALE" as prescribed in
6 subparagraph d of paragraph 4 of subsection (B) of this
7 Section on each immediate package of such poultry or poultry
8 parts.
9 (iv) Records the following information with regard to
10 poultry slaughtered or cut up in his licensed establishment:
11 (a) Name and address;
12 (b) Date received;
13 (c) Number and dressed weight of carcass.
14 (v) Such records shall be maintained for not less than
15 one year and shall be available for inspection by Department
16 personnel during reasonable business hours.
17 4. Any establishment licensed under the authority of
18 this Act that receives wild game carcasses shall comply with
19 the following requirements:
20 a. Wild game carcasses shall be dressed prior to
21 entering the processing or refrigerated areas of the licensed
22 establishment.
23 b. Wild game carcasses stored in the refrigerated area
24 of the licensed establishment shall be kept separate and
25 apart from inspected products.
26 c. A written request shall be made to the Department for
27 listing of the days and time of day wild game carcasses may
28 be processed.
29 d. All equipment used which comes in contact with wild
30 game shall be thoroughly cleaned and sanitized prior to use
31 on animal or poultry carcasses.
32 5. Establishments in which operations in relation to
33 meat or poultry products consist entirely of storage of such
34 products in individual lockers at or below a temperature of 0
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1 degrees F.
2 (Source: P.A. 85-246.)
3 (225 ILCS 650/5.1 new)
4 Sec. 5.1. Type I licenses.
5 (a) A Type I establishment licensed under this Act who
6 sells or offers for sale meat, meat product, poultry, and
7 poultry product shall, except as otherwise provided:
8 (1) Be permitted to receive meat, meat product,
9 poultry, and poultry product for cutting, processing,
10 preparing, packing, wrapping, chilling, freezing, sharp
11 freezing, or storing, provided it bears an official mark
12 of State of Illinois or of Federal Inspection.
13 (2) Be permitted to receive live animals and
14 poultry for slaughter, provided all animals and poultry
15 are properly presented for prescribed inspection to a
16 Department employee.
17 (3) May accept meat, meat product, poultry, and
18 poultry product for sharp freezing or storage provided
19 that the product is inspected product.
20 (b) Before being granted or renewing official
21 inspection, an establishment must develop written sanitation
22 Standard Operating Procedures as required by 8 Ill. Adm. Code
23 125.141.
24 (c) Before being granted official inspection, an
25 establishment must conduct a hazard analysis and develop and
26 validate an HACCP plan as required by 8 Ill. Adm. Code
27 125.142. A conditional grant of inspection shall be issued
28 for a period not to exceed 90 days, during which period the
29 establishment must validate its HACCP plan.
30 (d) Any establishment licensed under the authority of
31 this Act that receives wild game carcasses shall comply with
32 the following requirements regarding wild game carcasses:
33 (1) Wild game carcasses shall be dressed prior to
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1 entering the processing or refrigerated areas of the
2 licensed establishment.
3 (2) Wild game carcasses stored in the refrigerated
4 area of the licensed establishment shall be kept separate
5 and apart from inspected products.
6 (3) A written request shall be made to the
7 Department on an annual basis if a licensed establishment
8 is suspending operations regarding amenable product due
9 to handling of wild game carcasses.
10 (4) A written procedure for handling wild game
11 shall be approved by the Department.
12 (5) All equipment used that comes in contact with
13 wild game shall be thoroughly cleaned and sanitized prior
14 to use on animal or poultry carcasses.
15 (225 ILCS 650/5.2 new)
16 Sec. 5.2. Type II licenses.
17 (a) Type II establishments licensed under this Act for
18 custom slaughtering and custom processing shall:
19 (1) Be permitted to receive, for processing, meat
20 products and poultry products from animals and poultry
21 slaughtered by the owner or for the owner for his or her
22 own personal use or for use by his or her household.
23 (2) Be permitted to receive live animals and
24 poultry presented by the owner to be slaughtered and
25 processed for the owner's own personal use or for use by
26 his or her household.
27 (3) Be permitted to receive, for processing,
28 inspected meat products and inspected poultry products
29 for the owner's own personal use or for use by his or
30 her household.
31 (4) Stamp the words "NOT FOR SALE" in letters at
32 least 3/8 inches in height on all carcasses of animals
33 and immediate poultry product containers for poultry
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1 slaughtered in such establishment and on all meat
2 products and immediate poultry product containers for
3 poultry products processed in that establishment.
4 (5) Conspicuously display a license issued by the
5 Department and bearing the words "NO SALES PERMITTED".
6 (6) Keep a record of the name and address of the
7 owner of each carcass or portion thereof received in
8 such licensed establishment, the date received, and the
9 dressed weight. Such records shall be maintained for at
10 least one year and shall be available, during reasonable
11 hours, for inspection by Department personnel.
12 (b) No custom slaughterer or custom processor shall
13 engage in the business of buying or selling any poultry or
14 meat products capable of use as human food, or slaughter of
15 any animals or poultry intended for sale.
16 (225 ILCS 650/8) (from Ch. 56 1/2, par. 308)
17 Sec. 8. Medical Certificate.
18 The licensee of a Type I establishment operator shall
19 require all employees in his establishment to meet the health
20 requirements established by the Illinois Department of Public
21 Health. The Director may at any time require an employee of
22 an establishment to submit to a health examination by a
23 physician. No person suffering from any communicable disease,
24 including any communicable skin disease, and no person with
25 infected wounds, and no person who is a "carrier" of a
26 communicable disease shall work be employed in any capacity
27 in an establishment. No person shall work or be employed in
28 or about any establishment during the time in which a
29 communicable disease exists in the home in which such person
30 resides unless such person has obtained a certificate from
31 the state or local health authority to the effect that no
32 danger of public contagion or infection or adulteration of
33 product will result from the employment of such person in
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1 such establishment. Every person employed by an establishment
2 and engaged in direct physical contact with meat or poultry
3 products during its preparation, processing or storage, shall
4 be clean in person, wear clean washable outer garments and a
5 suitable cap or other head covering used exclusively in such
6 work. Only persons specifically designated by the operator of
7 an establishment shall be permitted to touch meat or poultry
8 products with their hands, and the persons so designated
9 shall keep their hands scrupulously clean.
10 (Source: P.A. 76-357.)
11 (225 ILCS 650/9) (from Ch. 56 1/2, par. 309)
12 Sec. 9. Antemortem Inspection. The Director Department
13 shall, wherever slaughter operations are conducted at an
14 establishment, cause antemortem inspection to be made by
15 inspectors antemortem inspection where and to the extent it
16 determines necessary regarding of all animals and poultry
17 intended for human food. The owner or operator of any such
18 establishment shall furnish satisfactory facilities and
19 assistance as may be required by the Director to facilitate
20 such antemortem inspection. Facilities shall also be
21 furnished for holding animals or poultry for further clinical
22 examination animals or poultry. Such animals or poultry held
23 for further inspection reinspection shall be identified as
24 "Illinois Suspect" in a manner determined by the Director.
25 Following Such reinspection shall be as conducted by a
26 licensed and approved veterinarian and if a finding is made
27 that the animals or poultry show no symptoms of disease or
28 other abnormal conditions, the animals or poultry may be
29 released for slaughter. Upon reinspection and finding
30 symptoms of disease or other abnormal conditions which would
31 render the animals or poultry unfit for human food, the
32 animals or poultry shall be tagged or permanently identified
33 as "Illinois Inspected and Condemned" and unfit for human
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1 food and shall be disposed of in a manner as prescribed by
2 the Director. Any person who slaughters for human food such
3 condemned animals or poultry is guilty of a Class 4 felony A
4 misdemeanor and shall be punished as provided by Section 19.
5 No owner or person shall be required to hold animals or
6 poultry for a longer period than 72 hours.
7 (Source: P.A. 80-1495.)
8 (225 ILCS 650/10) (from Ch. 56 1/2, par. 310)
9 Sec. 10. Postmortem Inspection.
10 The Director shall provide postmortem inspection of all
11 animals or poultry intended for human food in any Type I
12 establishment in this State except as exempted by Sections 4
13 and 5 of this Act. Under no circumstances shall the carcass
14 of animals or poultry which have died otherwise than by
15 slaughter be brought into any room in which meat or poultry
16 products are slaughtered, processed, handled, or stored. The
17 head, tongue, tail, viscera, and other parts, and blood used
18 in the preparation of meat or poultry products, or medical
19 products shall be retained in such a manner as to preserve
20 their identity until after the postmortem examination has
21 been completed. Carcasses and parts thereof found to be
22 sound, healthful, and wholesome after inspection and
23 otherwise fit for human food shall be passed and may be
24 marked in the following manner: "Illinois Inspected and
25 Passed" or with the inspection legend of an approved
26 municipal inspection department to which has been added the
27 words "Illinois Approved". These marks may also include any
28 number given the establishment by the Department. All animal
29 carcasses or parts thereof which are found on postmortem
30 inspection to be unsound, unhealthful, unwholesome,
31 adulterated, or otherwise unfit for human food shall be
32 marked conspicuously by the inspector at the time of
33 inspection with the words: "Illinois Inspected and Condemned"
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1 , or with the condemned brand of an approved municipal
2 inspection department. All poultry carcasses or parts thereof
3 which are found on postmortem inspection to be unsound,
4 unhealthful, unwholesome, adulterated or otherwise unfit for
5 human food shall be condemned by depositing each carcass or
6 part thereof in a suitable, clearly marked "Condemned"
7 container. All condemned carcasses and parts of animals or
8 poultry under the supervision of an inspector shall be
9 rendered unfit for human consumption in a manner approved by
10 the Director. All unborn or stillborn animals shall be
11 condemned and no hide, skin or any other part thereof shall
12 be removed within a room where edible meat or poultry
13 products are handled or prepared.
14 (Source: P.A. 76-357.)
15 (225 ILCS 650/11) (from Ch. 56 1/2, par. 311)
16 Sec. 11. Time of operation. The Director shall may
17 require operations at Type I licensed establishments to be
18 conducted under inspection and during approved reasonable
19 hours of operation. The owner or operator of each licensed
20 establishment shall keep the Director informed in advance of
21 intended hours of operation. When one inspector is assigned
22 to make inspections where few animals or poultry are
23 slaughtered or where small quantities of meat or poultry
24 products are prepared, the Director may designate the hours
25 of the day and the days of the week during which such
26 establishments may be operated. The management of an official
27 establishment, an importer, or an exporter, desiring to work
28 under conditions which will require the services of an
29 inspector employee of the Department on any Saturday, Sunday,
30 or holiday, or for more than an approved established work day
31 on any other day shall, sufficiently in advance of the period
32 of overtime, request the Regional Administrator to furnish
33 inspection service during such overtime period, and, if
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1 approved, shall be allowed inspection on an overtime basis
2 pay the Department a fee as set forth by regulation, to
3 reimburse the Department for the cost of the inspection
4 services so furnished. Holidays will be those established by
5 the Illinois Department of Central Management Services.
6 (Source: P.A. 89-463, eff. 5-31-96.)
7 (225 ILCS 650/13) (from Ch. 56 1/2, par. 313)
8 Sec. 13. Official Inspection Legend, Marking and
9 Labeling.
10 (a) It is unlawful for any person except employees of
11 the United States Department of Agriculture, the Department
12 or an authorized municipal inspection department to possess,
13 use, or keep an inspection stamp, mark, or brand provided or
14 used for stamping, marking, branding, or otherwise
15 identifying carcasses of meat or poultry products, or to
16 possess, use or keep any stamp, mark or brand having thereon
17 a device, words, or insignia the same or similar in character
18 or import to the stamps, marks, or brands provided or used by
19 the United States Department of Agriculture, the State
20 Department of Agriculture or any approved municipal
21 inspection department for stamping, marking, branding or
22 otherwise identifying the carcasses of meat or poultry or
23 meat and poultry products or parts thereof intended for human
24 food.
25 (b) When any meat or meat food product which has been
26 inspected as provided in this Act and marked "Illinois
27 Inspected and Passed" is placed or packed in an immediate
28 container in any can, pot, tin, canvas, or other receptacle
29 or covering in any establishment where inspection under this
30 Act is maintained, the person, firm, or corporation preparing
31 the product shall attach a label as required to the immediate
32 container can, pot, tin, canvas, or other receptacle or
33 covering under supervision of an inspector. The label shall
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1 state that the contents have been "Illinois Inspected and
2 Passed" under this Act, and no inspection and examination of
3 meat or meat food products or poultry or poultry food
4 products deposited or enclosed in an immediate container
5 cans, tins, pots, canvas, or other receptacle or covering in
6 any establishment where inspection under this Act is
7 maintained is complete until the meat or meat food products
8 or poultry or poultry food products have been sealed or
9 enclosed in an immediate container a can, tin, pot, canvas,
10 or other receptacle or covering under the supervision of an
11 inspector. At minimum all amenable products derived from
12 inspected meat, meat food products, poultry, or poultry food
13 products shall bear a mark with an establishment name,
14 owner/customer name, and handling statement.
15 (c) All carcasses, parts of carcasses, meat, meat food
16 products, poultry, or poultry food products inspected at any
17 establishment under the authority of this Act and found to be
18 not adulterated shall at the time they leave the
19 establishment bear in distinctly legible form, directly
20 thereon or on their containers, as the Director may require,
21 the information required under Section 2.20 of this Act.
22 (d) The styles and sizes of type to be used with respect
23 to material required to be incorporated in labeling to avoid
24 misbranding, false or misleading labeling of any articles
25 subject to this Act, definitions and standards of identity or
26 composition for articles subject to this Act, and standards
27 of fill of containers for the articles shall be the standards
28 as established under the Federal Food, Drug, and Cosmetic Act
29 or the Federal Meat Inspection Act.
30 (e) No article subject to this Act shall be sold or
31 offered for sale by any person, firm, or corporation under
32 any name or other marking or labeling which is false or
33 misleading, or in any container of a misleading form or size.
34 Established product names and other marking and labeling and
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1 containers which are not false or misleading and which are
2 approved by the Director are permitted.
3 (f) If the Director has reason to believe that any
4 marking or labeling or the size or form of any container in
5 use or proposed for use with respect to any article subject
6 to this Act is false or misleading in any particular, he may
7 direct that the use be withheld unless the marking, labeling,
8 or container is modified in a manner as he may prescribe so
9 that it will not be false or misleading. If the person, firm,
10 or corporation using or proposing to use the marking,
11 labeling, or container does not accept the determination of
12 the Director, the person, firm, or corporation may request a
13 hearing, but the use of the marking, labeling, or container
14 shall, if the Director so directs, be withheld pending
15 hearing and final determination by the Director. Any
16 determination by the Director shall be conclusive unless
17 within 30 days after receipt of notice of the final
18 determination, the person, firm, or corporation adversely
19 affected appeals to the appropriate authority.
20 (g) No person, firm, or corporation shall advertise for
21 sale, solicit, offer to sell or sell meats or frozen foods
22 intended for storage in locker boxes, home freezers or
23 freezer units by newspapers, handbills, placards, radio,
24 television or other medium unless the advertising is truthful
25 and accurate. The advertising shall not be misleading or
26 deceiving in respect to grade, quality, quantity, price per
27 pound or piece, or in any other manner. For grade
28 determination of meats, the grades shall conform with United
29 States Department of Agriculture standards for designating
30 meat grades and the standards of this Act.
31 No person advertising, offering for sale or selling any
32 carcasses or parts thereof or food plan shall engage in any
33 misleading or deceptive practices and particularly including,
34 but not limited to, the following:
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1 (1) Bait selling.
2 (A) Disparage or degrade any product
3 advertised or offered for sale by the seller, or
4 display any product or depiction thereof to any
5 buyer in order to induce the purchase of another
6 product, or represent that a product is for sale
7 when the representation is used primarily to sell
8 another product.
9 (B) Substitute any product for that ordered by
10 the buyer without the buyer's consent.
11 (C) Fail to have available a sufficient
12 quantity of any product represented as being for
13 sale to meet reasonably anticipated demands.
14 (2) Price representation.
15 (A) Use any price list related to the seller's
16 food plan that contains prices other than the
17 seller's current billing prices.
18 (B) Misrepresent the amount of money that the
19 buyer will save on purchases of any products that
20 are not of the same grade or quality.
21 (C) Fail to disclose fully and conspicuously
22 in at least 10 point type any charge for cutting,
23 wrapping, freezing, delivery or other services.
24 (D) Represent the price of any meat product to
25 be offered for sale in bundles in units larger than
26 one pound in terms other than price per single pound
27 for meat products in at least 10 point type except
28 when the advertisement or offer for sale pertains to
29 containers of meat products weighing 15 pounds or
30 less.
31 (3) Product Representation.
32 (A) Misrepresent the cut, grade, brand or
33 trade name, or weight or measure of any product.
34 (B) Use the abbreviation "U.S." in describing
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1 a product not graded by the United States Department
2 of Agriculture, except that product may be described
3 as "U.S. Inspected" when true.
4 (C) Misrepresent a product through the use of
5 any term similar to a government grade.
6 (D) (Blank) Fail to disclose in uniform 10
7 point type, when a yield grade is advertised, a
8 definition of the yield grade in the following
9 terms:
10 Yield Grade 1 - Extra Lean
11 Yield Grade 2 - Lean
12 Yield Grade 3 - Average Waste
13 Yield Grade 4 - Wasty
14 Yield Grade 5 - Exceptionally Wasty
15 (E) Advertise or offer for sale any
16 combinations of parts of carcasses with one unit
17 price, except when the advertisement or offer for
18 sale pertains to combinations consisting only of
19 poultry or poultry products.
20 (F) Fail to disclose fully and conspicuously
21 the correct government grade for any product if the
22 product is represented as having been graded.
23 (G) Fail to disclose fully and conspicuously
24 that the yield of consumable meat from any carcass
25 or part of a carcass will be less than the weight of
26 the carcass or part thereof. The seller shall, for
27 each carcass or part of carcass advertised, use
28 separately and distinctly (in at least 10 point
29 type) the following disclosure: "Sold hanging
30 weight subject to cutting loss".
31 (H) Misrepresent the amount or proportion of
32 retail cuts that a carcass or part of carcass will
33 yield.
34 (I) (Blank). Fail to furnish the buyer with a
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1 complete and accurate signed statement at the time
2 of delivery, showing the net weight of meat
3 delivered to the buyer. If weighed with immediate
4 wrappings, this fact shall be stated. Both the
5 actual net weight of the product prior to cutting
6 and trimming, and the delivered weight shall be
7 disclosed to the buyer in writing at the time of
8 delivery. This section shall apply separately to
9 each carcass or part of carcass sold on any
10 individual order.
11 (J) Fail to disclose fully and conspicuously
12 whether a quarter of a carcass is the front or hind
13 quarter, and "quarters" or "sides" or "halves" must
14 consist of only anatomically natural proportions of
15 cuts from front or hind quarters. A "pre-trimmed
16 side", "packer-trimmed side" or similar term
17 describing part of a carcass shall not be
18 represented as a side or quarter of beef, and the
19 descriptions shall not be used for comparison to
20 induce the sale of the product.
21 (K) Represent any part of a carcass as a
22 "half" or "side" unless it consists exclusively of a
23 front and hind quarter. Both quarters must be from
24 the same side of the same animal unless the seller
25 discloses fully and conspicuously that they are from
26 different sides or different animals as the case may
27 be. Each quarter shall be of the same grade or
28 quality as the other quarters comprising the half or
29 side and the seller shall advise the buyer of the
30 weight of each quarter prior to sale. In selling
31 quarters individually or as part of a half or side,
32 if actual weights are not known or cannot be
33 determined prior to sale, approximate weights may be
34 used, provided the buyer is informed that the
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1 weights are approximate, the weights are so
2 identified on any purchase order or contract, and
3 the seller agrees with the buyer, in writing, to
4 make a cash refund or grant a credit on delivery for
5 the difference between actual weight and the
6 approximate weight on which the sale was made.
7 (L) Use the words, "bundle", "sample order",
8 "split side", or words of similar import to describe
9 a quantity of meat or poultry unless the seller
10 itemizes each cut and the weight thereof which the
11 buyer will receive.
12 (M) Advertise or offer free, bonus, extra
13 product, or service combined with or conditioned on
14 the purchase of any other product or service unless
15 the additional product or service is accurately
16 described including, whenever applicable, grade, net
17 weight or measure, type, and brand or trade name.
18 The words "free", "bonus", or other words of similar
19 import shall not be used in any advertisement unless
20 the advertisement clearly and conspicuously sets
21 forth the total price or amount that must be paid to
22 entitle the buyer to the additional product or
23 service.
24 (N) Misrepresent the breed, origin, or diet of
25 slaughtered animals or parts thereof offered for
26 sale. Sellers making these claims shall have
27 written records available to substantiate the fact.
28 (Source: P.A. 86-217; 87-165.)
29 (225 ILCS 650/14) (from Ch. 56 1/2, par. 314)
30 Sec. 14. Access to premises.
31 No person shall deny access to any authorized personnel
32 upon the presentation of proper identification at any
33 reasonable time to establishments, broker facilities,
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1 warehouses or vehicles used in the transportation of meat and
2 poultry or products thereof and to all parts of such
3 premises for the purposes of making inspections, examination
4 of records, inventories, copying and sampling under this Act.
5 Samples of products, water, dye, chemicals,
6 preservatives, spices, or other articles in any official or
7 exempted establishment shall be taken, without cost to the
8 Department, for examination as often as necessary for
9 efficient inspection.
10 (Source: P.A. 85-246.)
11 (225 ILCS 650/15) (from Ch. 56 1/2, par. 315)
12 Sec. 15. Seizure.
13 (a) The Director is hereby authorized to prohibit the
14 entrance into channels of trade of any meat or poultry
15 products found to be unwholesome, improperly labeled or
16 otherwise not in accordance with the provisions of this Act
17 or the rules and regulations established hereunder. Any meat
18 or poultry product found in channels of trade by a Department
19 employee that an inspector which is not in compliance with
20 the provisions of this Act shall be subject to seizure and
21 confiscation by the Department.
22 (b) Seized and confiscated meat and poultry products
23 shall be condemned unless it is of such character that it can
24 be made to conform with the provisions of this Act by methods
25 approved by the Director. Condemned meat or poultry products
26 shall be effectively destroyed for human food purposes by the
27 owner of the meat or poultry product under the supervision of
28 a Department employee an inspector in such manner as the
29 Director may prescribe.
30 (Source: Laws 1959, p. 1944.)
31 (225 ILCS 650/16.1) (from Ch. 56 1/2, par. 316.1)
32 Sec. 16.1. Licensees shall comply with bulletins,
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1 manuals of procedure and guidelines issued by the United
2 States Department of Agriculture which implement the federal
3 Meat Inspection Act and the Federal Poultry Inspection Act.
4 Such guidelines, bulletins and manuals shall become effective
5 on the date designated by the United States Department of
6 Agriculture.
7 (Source: P.A. 84-211.)
8 (225 ILCS 650/19) (from Ch. 56 1/2, par. 319)
9 Sec. 19. Criminal offenses Penalties.
10 A. Any person who forcibly assaults, resists, opposes,
11 impedes, intimidates, or interferes with any person while
12 engaged in or on account of the performance of his official
13 duties under this Act shall be guilty of a Class A
14 misdemeanor.
15 B. Any person, firm, or corporation, or any agent or
16 employee of any person, firm, or corporation, who gives,
17 pays, or offers, directly or indirectly, to any inspector,
18 deputy inspector, chief inspector, or any other officer or
19 employee of this State authorized to perform any of the
20 duties prescribed by this Act or by the rules and regulations
21 of the Director, any money or other thing of value, with
22 intent to influence such inspector, deputy inspector, chief
23 inspector, or other officer or employee of this State in the
24 discharge of his duty, is guilty of a Class 4 felony.
25 B-5. Any inspector, deputy inspector, chief inspector,
26 or other officer or employee of this State authorized to
27 perform any of the duties prescribed by this Act who accepts
28 any money, gift, or other thing of value from any person,
29 firm, or corporation, or officers, agents, or employees
30 thereof, given with intent to influence his official action,
31 or who receives or accepts from any person, firm, or
32 corporation any gift, money, or other thing of value given
33 with any purpose of intent whatsoever, is guilty of a Class 4
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1 felony and upon conviction, shall be summarily discharged
2 from office.
3 C. Any person violating any provision of this Act or any
4 rule or regulation established hereunder, except any
5 provisions of or rule or regulation established under Section
6 9 or Section 10, is guilty of a Class A misdemeanor. Any
7 person violating any provision of Section 9 or Section 10 of
8 this Act, or any rule or regulation applicable thereto, is
9 guilty of a Class A misdemeanor.
10 D. Any person who sells or offers for sale or transports
11 meat or poultry products that are unsound, unhealthful,
12 unwholesome, adulterated, or otherwise unfit for human food
13 or which have not been inspected and passed by Department,
14 federal, or recognized municipal inspection, knowing that
15 such meat or poultry products are intended for human
16 consumption, is guilty of a Class A misdemeanor. Any person,
17 firm, or corporation who violates any provision of this Act
18 for which no other criminal penalty, is provided by this Act
19 is guilty of a Class A misdemeanor.
20 E. The Director is also authorized to refuse issuance of
21 a license, to suspend, or revoke a license for violations by
22 any establishment of the provisions of this Act or the rules
23 and regulations adopted hereunder when any one or more of the
24 following items are applicable:
25 (1) Material misstatement in the application for
26 original license or in the application for any renewal
27 license under this Act;
28 (2) Willful disregard or willful violation of this Act
29 or of any regulations or rules adopted pursuant thereto;
30 (3) Willfully aiding or abetting another in the
31 violation of this Act or of any regulation or rule adopted
32 pursuant thereto;
33 (4) Allowing one's license under this Act to be used by
34 an unlicensed person;
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1 (5) Conviction of any crime an essential element of
2 which is misstatement, fraud or dishonesty or conviction of
3 any felony relative to the provisions of this Act, if the
4 Department determines, after investigation, that such person
5 has not been sufficiently rehabilitated to warrant the public
6 trust;
7 (6) Conviction of a violation of any law of Illinois
8 except minor violations such as traffic violations and
9 violations not related to the disposition of this Act or any
10 rule or regulation of the Department relating thereto;
11 (7) Making willful misrepresentations or false promises
12 of a character likely to influence, persuade or induce in
13 connection with the business of a licensee under this Act;
14 (8) Pursuing a continued course of willful
15 misrepresentation of or making false promises through
16 advertising, salesman, agents or otherwise in connection with
17 the business of a licensee under this Act; or
18 (9) Failure to possess the necessary qualifications or
19 to meet the requirements of this Act for the issuance or
20 holding of a license.
21 F. The Department may, upon its own motion, and shall,
22 upon the verified complaint in writing of any person setting
23 forth facts which if proven would constitute grounds for
24 refusal, suspension or revocation under this Act, investigate
25 the actions of any applicant or any person or persons holding
26 or claiming to hold a license. At least 10 days prior to the
27 date set for hearing the Department shall, before refusing to
28 issue or renew, and before suspension or revocation of a
29 license, notify in writing the applicant for or holder of a
30 license, hereinafter called the respondent, that on the date
31 designated a hearing will be held to determine whether the
32 respondent is privileged to hold such license and shall
33 afford the respondent an opportunity to be heard in person or
34 by counsel. Such written notice may be served personally on
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1 the respondent, or by registered or certified mail sent to
2 the respondent's business address as shown in his latest
3 notification to the Department. At the hearing, both the
4 respondent and the complainant shall be afforded ample
5 opportunity to present in person or by counsel such
6 statements, testimony, evidence and argument as may be
7 pertinent to the charges or to any defense thereto. The
8 Department may continue such hearing from time to time.
9 The Director or any employee of the Department of
10 Agriculture designated by him for such purpose may hold
11 hearings, administer oaths, sign and issue subpoenas, examine
12 witnesses, receive evidence and require by subpoena the
13 attendance and testimony of witnesses and the production of
14 such accounts, records and memoranda as may be material for
15 the determination of any complaint under this Act. In case
16 of the refusal of any person to comply with any subpoena or
17 on the refusal of a witness to testify to any matter
18 regarding which he lawfully may be interrogated hereunder,
19 the judge of any circuit court of the county in which such
20 investigation or hearing is being conducted may, on
21 application of the Director or the employee of the Department
22 designated by the Director to conduct such investigation or
23 hearing, compel obedience by proceedings for contempt as in
24 the case of disobedience to an order of such court.
25 (Source: P.A. 83-759.)
26 (225 ILCS 650/19.01 new)
27 Sec. 19.01. Suspension and revocation of license.
28 (a) The Director may suspend a license if the Department
29 has reason to believe that any of the following has occurred:
30 (1) A licensee had made a material misstatement in
31 the application for original license or in the
32 application for any renewal license under this Act;
33 (2) A licensee has violated any of the provisions
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1 of this Act or of any rules adopted pursuant thereto and
2 the violation or pattern of violations indicates an
3 immediate danger to public health;
4 (3) Aiding or abetting another in the violation of
5 this Act or of any rule adopted pursuant thereto and the
6 violation or pattern of violations indicates an immediate
7 danger to public health;
8 (4) Allowing one's license under this Act to be
9 used by an unlicensed person;
10 (5) Conviction of any crime an essential element of
11 which is misstatement, fraud, or dishonesty or conviction
12 of any felony relative to the provisions of this Act;
13 (6) Pursuing a continued course of willful
14 misrepresentation of or making false promises through
15 advertising, salesman, agents, or otherwise in connection
16 with the business of a licensee under this Act; or
17 (7) Failure to possess the necessary qualifications
18 or to meet the requirements of this Act for the issuance
19 or holding of a license.
20 (b) Within 10 days after suspension of a license an
21 administrative hearing shall be commenced to determine
22 whether the license shall be reinstated or revoked. Whenever
23 an administrative hearing is scheduled, the licensee shall be
24 served with written notice of the date, place, and time of
25 the hearing at least 5 days before the hearing date. The
26 notice may be served by personal service on the licensee or
27 by mailing it by registered or certified mail, return receipt
28 requested, to the licensee's place of business. The Director
29 may, after a hearing, issue an order either revoking or
30 reinstating the license.
31 (225 ILCS 650/19.2) (from Ch. 56 1/2, par. 319.2)
32 Sec. 19.2. Administrative hearings and penalties.
33 When an administrative hearing is held, the hearing
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1 officer, upon determination of a violation of this Act or
2 rules promulgated under this Act, may assess the following
3 administrative penalties in addition to or instead of a
4 suspension or revocation of the license as provided in
5 Section 19 of this Act:
6 (a) $150 for illegal advertising.
7 (b) $200 for operating without being licensed as a meat
8 broker, poultry broker, or meat and poultry broker.
9 (c) $300 for misbranding as defined in Section 2.20 of
10 this Act.
11 (d) no less than $500 and no greater than $5,000 for
12 sale of uninspected meat.
13 (e) no less than $500 and no greater than $5,000 for
14 product adulteration.
15 (e-5) $500 for detaching, breaking, changing, or
16 tampering with any official seal, seizure tag, rejected tag,
17 or retained tag in any way whatsoever.
18 (f) $500 for selling a product in violation of the
19 approved label specifications.
20 (g) $500 for removal of meat or poultry products under
21 seizure.
22 (h) (Blank).
23 (h-5) no less than $500, but no more than $5,000 for
24 operating outside approved hours of operation or approved
25 overtime.
26 (i) No less than $500 but no more than $5,000 for
27 operating without being licensed as a meat processor or
28 slaughterer.
29 In the case of a second or subsequent violation within 3
30 years of the first violation, the penalty shall be doubled.
31 Penalties not paid within 60 days of notice from the
32 Department shall be submitted to the Attorney General's
33 office or an approved private collection agency for
34 collection or referred for prosecution to the States
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1 Attorney's office in the county where the violation occurred.
2 (Source: P.A. 89-463, eff. 5-31-96.)
3 (225 ILCS 650/2.1 rep.)
4 (225 ILCS 650/2.2 rep.)
5 (225 ILCS 650/2.3 rep.)
6 (225 ILCS 650/2.4 rep.)
7 (225 ILCS 650/2.5 rep.)
8 (225 ILCS 650/2.6 rep.)
9 (225 ILCS 650/2.7 rep.)
10 (225 ILCS 650/2.8 rep.)
11 (225 ILCS 650/2.9 rep.)
12 (225 ILCS 650/2.9a rep.)
13 (225 ILCS 650/2.10 rep.)
14 (225 ILCS 650/2.11 rep.)
15 (225 ILCS 650/2.12 rep.)
16 (225 ILCS 650/2.13 rep.)
17 (225 ILCS 650/2.14 rep.)
18 (225 ILCS 650/2.15 rep.)
19 (225 ILCS 650/2.16 rep.)
20 (225 ILCS 650/2.17 rep.)
21 (225 ILCS 650/2.18 rep.)
22 (225 ILCS 650/2.19 rep.)
23 (225 ILCS 650/2.20 rep.)
24 (225 ILCS 650/2.21 rep.)
25 (225 ILCS 650/2.22 rep.)
26 (225 ILCS 650/2.23 rep.)
27 (225 ILCS 650/2.24 rep.)
28 (225 ILCS 650/2.25 rep.)
29 (225 ILCS 650/2.26 rep.)
30 (225 ILCS 650/2.28 rep.)
31 (225 ILCS 650/2.29 rep.)
32 (225 ILCS 650/2.30 rep.)
33 (225 ILCS 650/2.31 rep.)
-37- LRB9102814LDmb
1 (225 ILCS 650/2.32 rep.)
2 (225 ILCS 650/2.33 rep.)
3 (225 ILCS 650/2.34 rep.)
4 (225 ILCS 650/2.35 rep.)
5 (225 ILCS 650/2.36 rep.)
6 (225 ILCS 650/2.37 rep.)
7 (225 ILCS 650/2.38 rep.)
8 (225 ILCS 650/2.39 rep.)
9 (225 ILCS 650/2.40 rep.)
10 (225 ILCS 650/2.41 rep.)
11 (225 ILCS 650/2.42 rep.)
12 (225 ILCS 650/2.43 rep.)
13 (225 ILCS 650/2.44 rep.)
14 (225 ILCS 650/3.1 rep.)
15 (225 ILCS 650/4 rep.)
16 (225 ILCS 650/7 rep.)
17 (225 ILCS 650/19.1 rep.)
18 Section 10. The Meat and Poultry Inspection Act is
19 amended by repealing Sections 2.1, 2.2, 2.4, 2.5, 2.6, 2.7,
20 2.8, 2.9, 2.9a, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16,
21 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25, 2.26,
22 2.28, 2.29, 2.30, 2.31, 2.32, 2.33, 2.34, 2.35, 2.36, 2.37,
23 2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 3.1, 4, 7, and
24 19.1.
-38- LRB9102814LDmb
1 INDEX
2 Statutes amended in order of appearance
3 225 ILCS 650/2 from Ch. 56 1/2, par. 302
4 225 ILCS 650/3 from Ch. 56 1/2, par. 303
5 225 ILCS 650/5 from Ch. 56 1/2, par. 305
6 225 ILCS 650/5.1 new
7 225 ILCS 650/5.2 new
8 225 ILCS 650/8 from Ch. 56 1/2, par. 308
9 225 ILCS 650/9 from Ch. 56 1/2, par. 309
10 225 ILCS 650/10 from Ch. 56 1/2, par. 310
11 225 ILCS 650/11 from Ch. 56 1/2, par. 311
12 225 ILCS 650/13 from Ch. 56 1/2, par. 313
13 225 ILCS 650/14 from Ch. 56 1/2, par. 314
14 225 ILCS 650/15 from Ch. 56 1/2, par. 315
15 225 ILCS 650/16.1 from Ch. 56 1/2, par. 316.1
16 225 ILCS 650/19 from Ch. 56 1/2, par. 319
17 225 ILCS 650/19.01 new
18 225 ILCS 650/19.2 from Ch. 56 1/2, par. 319.2
19 225 ILCS 650/2.1 rep.
20 225 ILCS 650/2.2 rep.
21 225 ILCS 650/2.3 rep.
22 225 ILCS 650/2.4 rep.
23 225 ILCS 650/2.5 rep.
24 225 ILCS 650/2.6 rep.
25 225 ILCS 650/2.7 rep.
26 225 ILCS 650/2.8 rep.
27 225 ILCS 650/2.9 rep.
28 225 ILCS 650/2.9a rep.
29 225 ILCS 650/2.10 rep.
30 225 ILCS 650/2.11 rep.
31 225 ILCS 650/2.12 rep.
32 225 ILCS 650/2.13 rep.
33 225 ILCS 650/2.14 rep.
34 225 ILCS 650/2.15 rep.
-39- LRB9102814LDmb
1 225 ILCS 650/2.16 rep.
2 225 ILCS 650/2.17 rep.
3 225 ILCS 650/2.18 rep.
4 225 ILCS 650/2.19 rep.
5 225 ILCS 650/2.20 rep.
6 225 ILCS 650/2.21 rep.
7 225 ILCS 650/2.22 rep.
8 225 ILCS 650/2.23 rep.
9 225 ILCS 650/2.24 rep.
10 225 ILCS 650/2.25 rep.
11 225 ILCS 650/2.26 rep.
12 225 ILCS 650/2.28 rep.
13 225 ILCS 650/2.29 rep.
14 225 ILCS 650/2.30 rep.
15 225 ILCS 650/2.31 rep.
16 225 ILCS 650/2.32 rep.
17 225 ILCS 650/2.33 rep.
18 225 ILCS 650/2.34 rep.
19 225 ILCS 650/2.35 rep.
20 225 ILCS 650/2.36 rep.
21 225 ILCS 650/2.37 rep.
22 225 ILCS 650/2.38 rep.
23 225 ILCS 650/2.39 rep.
24 225 ILCS 650/2.40 rep.
25 225 ILCS 650/2.41 rep.
26 225 ILCS 650/2.42 rep.
27 225 ILCS 650/2.43 rep.
28 225 ILCS 650/2.44 rep.
29 225 ILCS 650/3.1 rep.
30 225 ILCS 650/4 rep.
31 225 ILCS 650/7 rep.
32 225 ILCS 650/19.1 rep.