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91_SB1074eng SB1074 Engrossed 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, 7, 8, 9, 10, 11, 13, 6 14, 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 SB1074 Engrossed -2- LRB9102814LDmb 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 SB1074 Engrossed -3- LRB9102814LDmb 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. SB1074 Engrossed -4- LRB9102814LDmb 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 SB1074 Engrossed -5- LRB9102814LDmb 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 SB1074 Engrossed -6- LRB9102814LDmb 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 SB1074 Engrossed -7- LRB9102814LDmb 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 to fully 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. SB1074 Engrossed -8- LRB9102814LDmb 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 SB1074 Engrossed -9- LRB9102814LDmb 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 the24context otherwise requires, the terms specified in Sections252.1 through 2.44 have the meanings ascribed to them in those26Sections.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 22.5or act as a broker as defined in Section 2 322.19without first securing a license from the Department 33 except as otherwise exempted. SB1074 Engrossed -10- LRB9102814LDmb 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-refundablenot4returnable. 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. 30A penalty of $25 shall be assessed if any such license is31not 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) SB1074 Engrossed -11- LRB9102814LDmb 1 Sec. 5. Exemptions - Producers, Retailers, andCustom2Slaughterers,Poultry Raisers, and Custom Processors. 3Within the meaning of this Act4 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. 23The provisions of this Meat and Poultry Inspection Act24requiring inspection to be made by the Director of25Agriculture do not apply to animals or poultry slaughtered by26any producer on his or her farm, nor to animals or poultry27slaughtered on the farm of the owners for the personal or28family use of such owner, nor to29 (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 SB1074 Engrossed -12- LRB9102814LDmb 1 to the operation of the retail food store.Meat or poultry2products derived from animals or poultry slaughtered by any3producer on the farm which are canned, cured, pickled,4frozen, salted or otherwise prepared at any place other than5by the producer on the farm upon which the animals or poultry6were slaughtered are not exempt under the producer's7exemption herein provided.8Any person who sells or offers for sale or transports9meat or poultry products which are unsound, unhealthful,10unwholesome, adulterated, or otherwise unfit for human food,11or which have not been inspected and passed by Department,12Federal or recognized municipal inspection, knowing that such13meat or poultry products are intended for human consumption,14is guilty of a Class A misdemeanor and shall be punished as15provided by Section 19.16 (B)The following types of establishments are exempt17from specific provisions of this Act:181.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 granteddetermined; (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 SB1074 Engrossed -13- LRB9102814LDmb 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". 92. Type II Establishments licensed under this Act for10custom slaughtering and custom processing as defined in11Sections 2.39 and 2.40 of this Act, who do not sell either12meat products or poultry products shall:13a. Be permitted to receive, for processing, meat14products and poultry products from animals and poultry15slaughtered by the owner, or for the owner, for his own16personal use, or for use by his household.17b. Be permitted to receive live animals and poultry18presented by the owner to be slaughtered and processed for19the owner's own personal use, or for use by his household.20c. Be permitted to receive, for processing, inspected21meat products and inspected poultry products for the owner's22own personal use or for use by his household.23d. Stamp the words "NOT FOR SALE" in letters at least243/8 inches in height on all carcasses of animals and poultry25slaughtered in such establishment and on all meat products26and poultry products processed in such establishment.27e. Conspicuously display a license issued by the28Department and bearing the words "NO SALES PERMITTED".29f. Keep a record of the name and address of the owner of30each carcass or portion thereof received in such licensed31establishment, the date received, and the dressed weight.32Such records shall be maintained for at least one year and33shall be available, during reasonable hours, for inspection34by Department personnel.SB1074 Engrossed -14- LRB9102814LDmb 1g. File an annual statement with the Department to the2effect that neither meat products nor poultry products are3offered for sale.4h. No custom slaughterer or custom processor shall5engage in the business of buying or selling any poultry or6meat products capable of use as human food, or slaughter of7any animals or poultry intended for sale.83. A Type I Establishment licensed under the authority of9this Act who sells, or offers for sale, meat, meat product,10poultry and poultry product shall except as otherwise11provided:12a. Be permitted to receive meat, meat product, poultry13and poultry product for cutting, processing, preparing,14packing, wrapping, chilling, freezing, sharp freezing or15storing, provided it bears an official mark of State of16Illinois or of Federal Inspection.17b. Be permitted to receive live animals and poultry for18slaughter provided all animals and poultry are properly19presented for prescribed inspection by a Department employee.20c. May accept meat, meat product, poultry and poultry21product for sharp freezing or storage provided that prior to22entry, the meat, meat product, poultry and poultry product23has been wrapped or packaged and marked "NOT FOR SALE" as24prescribed in subparagraph d of paragraph 4 of subsection (B)25of this Section.26d. An operator licensed under this Act to slaughter and27process poultry shall be permitted to receive for slaughter28and cutting up poultry delivered to him by the owner thereof29exclusively for use in the household of such owner, by him30and members of his household, his nonpaying guests, and31employees. Such poultry shall be exempt from inspection32provided the operator:33(i) Keeps such poultry, poultry carcasses and parts34thereof separate from all other meat, meat products, poultrySB1074 Engrossed -15- LRB9102814LDmb 1and poultry products at all times while on the premises.2(ii) Thoroughly cleans and disinfects all facilities and3equipment with which such poultry or parts come in contact4upon completion of slaughter and cutting up.5(iii) Stamps the words "NOT FOR SALE" as prescribed in6subparagraph d of paragraph 4 of subsection (B) of this7Section on each immediate package of such poultry or poultry8parts.9(iv) Records the following information with regard to10poultry 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 than15one year and shall be available for inspection by Department16personnel during reasonable business hours.174. Any establishment licensed under the authority of18this Act that receives wild game carcasses shall comply with19the following requirements:20a. Wild game carcasses shall be dressed prior to21entering the processing or refrigerated areas of the licensed22establishment.23b. Wild game carcasses stored in the refrigerated area24of the licensed establishment shall be kept separate and25apart from inspected products.26c. A written request shall be made to the Department for27listing of the days and time of day wild game carcasses may28be processed.29d. All equipment used which comes in contact with wild30game shall be thoroughly cleaned and sanitized prior to use31on animal or poultry carcasses.325. Establishments in which operations in relation to33meat or poultry products consist entirely of storage of such34products in individual lockers at or below a temperature of 0SB1074 Engrossed -16- LRB9102814LDmb 1degrees 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 SB1074 Engrossed -17- LRB9102814LDmb 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 an amenable product 9 due 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 SB1074 Engrossed -18- LRB9102814LDmb 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 650/7) (from Ch. 56 1/2, par. 307) 17 Sec. 7. Administration. 18 The Director of the Department of Agriculture shall 19 administer this Act. For the purposes of this Act, the 20 Director may employ graduates of a veterinary college 21 recognized by the American Veterinary Medical Association and 22 other persons who have qualified and are skilled in the 23 inspection of meat and poultry products and any other 24 additional employee, and he or she may utilize in the 25 enforcement of this Act any employee, agent or equipment of 26 the Department. Beginning January 1, 2000, the Director 27 shall increase the number of inspectors and veterinarians the 28 Director employs for the purposes of this Act by 10% per year 29 for the next 5 years, subject to available appropriations. 30 The Department may establish and maintain laboratory 31 facilities as necessary to administer this Act. 32 (Source: P.A. 76-357.) SB1074 Engrossed -19- LRB9102814LDmb 1 (225 ILCS 650/8) (from Ch. 56 1/2, par. 308) 2 Sec. 8. Medical Certificate. 3 The licensee of a Type I establishmentoperatorshall 4 require all employees in his establishment to meet the health 5 requirements established by the Illinois Department of Public 6 Health. The Director may at any time require an employee of 7 an establishment to submit to a health examination by a 8 physician. No person suffering from any communicable disease, 9 including any communicable skin disease, and no person with 10 infected wounds, and no person who is a "carrier" of a 11 communicable disease shall workbe employedin any capacity 12 in an establishment. No person shall work or be employed in 13 or about any establishment during the time in which a 14 communicable disease exists in the home in which such person 15 resides unless such person has obtained a certificate from 16 the state or local health authority to the effect that no 17 danger of public contagion or infection or adulteration of 18 product will result from the employment of such person in 19 such establishment.Every person employed by an establishment20and engaged in direct physical contact with meat or poultry21products during its preparation, processing or storage, shall22be clean in person, wear clean washable outer garments and a23suitable cap or other head covering used exclusively in such24work. Only persons specifically designated by the operator of25an establishment shall be permitted to touch meat or poultry26products with their hands, and the persons so designated27shall keep their hands scrupulously clean.28 (Source: P.A. 76-357.) 29 (225 ILCS 650/9) (from Ch. 56 1/2, par. 309) 30 Sec. 9. Antemortem Inspection. The DirectorDepartment31 shall, wherever slaughter operations are conducted at an 32 establishment, cause antemortem inspection to be made by 33 inspectorsantemortem inspectionwhere and to the extent it SB1074 Engrossed -20- LRB9102814LDmb 1 determines necessary regardingofall animals and poultry 2 intended for human food. The owner or operator of any such 3 establishment shall furnish satisfactory facilities and 4 assistance as may be required by the Director to facilitate 5 such antemortem inspection. Facilities shall also be 6 furnished for holding animals or poultry for further clinical 7 examinationanimals or poultry. Such animals or poultry held 8 for further inspectionreinspectionshall be identified as 9 "Illinois Suspect" in a manner determined by the Director. 10FollowingSuch reinspection shall beasconducted by a 11 licensed and approved veterinarian and if a finding is made 12 that the animals or poultry show no symptoms of disease or 13 other abnormal conditions, the animals or poultry may be 14 released for slaughter. Uponreinspection andfinding 15 symptoms of disease or other abnormal conditions which would 16 render the animals or poultry unfit for human food, the 17 animals or poultry shall be tagged or permanently identified 18 as "Illinois Inspected and Condemned" and unfit for human 19 food and shall be disposed of in a manner as prescribed by 20 the Director. Any person who slaughters for human food such 21 condemned animals or poultry is guilty of a Class 4 felonyA22misdemeanor and shall be punished as provided by Section 19. 23 No owner or person shall be required to hold animals or 24 poultry for a longer period than 72 hours. 25 (Source: P.A. 80-1495.) 26 (225 ILCS 650/10) (from Ch. 56 1/2, par. 310) 27 Sec. 10. Postmortem Inspection. 28 The Director shall provide postmortem inspection of all 29 animals or poultry intended for human food in any Type I 30 establishment in this Stateexcept as exempted by Sections 431and 5 of this Act. Under no circumstances shall the carcass 32 of animals or poultry which have died otherwise than by 33 slaughter be brought into any room in which meat or poultry SB1074 Engrossed -21- LRB9102814LDmb 1 products are slaughtered, processed, handled, or stored. The 2 head, tongue, tail, viscera, and other parts, and blood used 3 in the preparation of meat or poultry products, or medical 4 products shall be retained in such a manner as to preserve 5 their identity until after the postmortem examination has 6 been completed. Carcasses and parts thereof found to be 7 sound, healthful, and wholesome after inspection and 8 otherwise fit for human food shall be passed and may be 9 marked in the following manner: "Illinois Inspected and 10 Passed"or with the inspection legend of an approved11municipal inspection department to which has been added the12words "Illinois Approved". These marks may also include any 13 number given the establishment by the Department. All animal 14 carcasses or parts thereof which are found on postmortem 15 inspection to be unsound, unhealthful, unwholesome, 16 adulterated, or otherwise unfit for human food shall be 17 marked conspicuously by the inspector at the time of 18 inspection with the words: "Illinois Inspected and Condemned" 19, or with the condemned brand of an approved municipal20inspection department. All poultry carcasses or parts thereof 21 which are found on postmortem inspection to be unsound, 22 unhealthful, unwholesome, adulterated or otherwise unfit for 23 human food shall be condemned by depositing each carcass or 24 part thereof in a suitable, clearly marked "Condemned" 25 container. All condemned carcasses and parts of animals or 26 poultry under the supervision of an inspector shall be 27 rendered unfit for human consumption in a manner approved by 28 the Director. All unborn or stillborn animals shall be 29 condemned and no hide, skin or any other part thereof shall 30 be removed within a room where edible meat or poultry 31 products are handled or prepared. 32 (Source: P.A. 76-357.) 33 (225 ILCS 650/11) (from Ch. 56 1/2, par. 311) SB1074 Engrossed -22- LRB9102814LDmb 1 Sec. 11. Time of operation. The Director shallmay2 require operations at Type I licensed establishments to be 3 conducted under inspection and during approvedreasonable4 hours of operation.The owner or operator of each licensed5establishment shall keep the Director informed in advance of6intended hours of operation. When one inspector is assigned7to make inspections where few animals or poultry are8slaughtered or where small quantities of meat or poultry9products are prepared, the Director may designate the hours10of the day and the days of the week during which such11establishments may be operated.The management of an official 12 establishment, an importer, or an exporter,desiring to work 13 under conditions which will require the services of an 14 inspectoremployeeof the Department on any Saturday, Sunday, 15 or holiday, or for more than an approvedestablishedwork day 16 on any other day shall, sufficiently in advance of the period 17 of overtime, request the Regional Administrator to furnish 18 inspection service during such overtime period, and, if 19 approved, shall be allowed inspection on an overtime basis 20pay the Department a fee as set forth by regulation, to21reimburse the Department for the cost of the inspection22services so furnished. Holidays will be those established by23the Illinois Department of Central Management Services. 24 (Source: P.A. 89-463, eff. 5-31-96.) 25 (225 ILCS 650/13) (from Ch. 56 1/2, par. 313) 26 Sec. 13. Official Inspection Legend, Marking and 27 Labeling. 28 (a) It is unlawful for any person except employees of 29 the United States Department of Agriculture, the Department 30 or an authorized municipal inspection department to possess, 31 use, or keep an inspection stamp, mark, or brand provided or 32 used for stamping, marking, branding, or otherwise 33 identifying carcasses of meat or poultry products, or to SB1074 Engrossed -23- LRB9102814LDmb 1 possess, use or keep any stamp, mark or brand having thereon 2 a device, words, or insignia the same or similar in character 3 or import to the stamps, marks, or brands provided or used by 4 the United States Department of Agriculture, the State 5 Department of Agriculture or any approved municipal 6 inspection department for stamping, marking, branding or 7 otherwise identifying the carcasses of meat or poultry or 8 meat and poultry products or parts thereof intended for human 9 food. 10 (b) When any meat or meat food product which has been 11 inspected as provided in this Act and marked "Illinois 12 Inspected and Passed" is placed or packed in an immediate 13 container inany can, pot, tin, canvas, or other receptacle14or covering inany establishment where inspection under this 15 Act is maintained, the person, firm, or corporation preparing 16 the product shall attach a label as required to the immediate 17 containercan, pot, tin, canvas, or other receptacle or18coveringunder supervision of an inspector. The label shall 19 state that the contents have been "Illinois Inspected and 20 Passed" under this Act, and no inspection and examination of 21 meat or meat food products or poultry or poultry food 22 products deposited or enclosed in an immediate container 23cans, tins, pots, canvas, or other receptacle or coveringin 24 any establishment where inspection under this Act is 25 maintained is complete until the meat or meat food products 26 or poultry or poultry food products have been sealed or 27 enclosed in an immediate containera can, tin, pot, canvas,28or other receptacle or coveringunder the supervision of an 29 inspector. At minimum, all amenable products derived from 30 inspected meat, meat food products, poultry, or poultry food 31 products shall bear a mark with an establishment name, 32 owner/customer name, and handling statement. 33 (c) All carcasses, parts of carcasses, meat, meat food 34 products, poultry, or poultry food products inspected at any SB1074 Engrossed -24- LRB9102814LDmb 1 establishment under the authority of this Act and found to be 2 not adulterated shall at the time they leave the 3 establishment bear in distinctly legible form, directly 4 thereon or on their containers, as the Director may require, 5 the information required under Section 2.20 of this Act. 6 (d) The styles and sizes of type to be used with respect 7 to material required to be incorporated in labeling to avoid 8 misbranding, false or misleading labeling of any articles 9 subject to this Act, definitions and standards of identity or 10 composition for articles subject to this Act, and standards 11 of fill of containers for the articles shall be the standards 12 as established under the Federal Food, Drug, and Cosmetic Act 13 or the Federal Meat Inspection Act. 14 (e) No article subject to this Act shall be sold or 15 offered for sale by any person, firm, or corporation under 16 any name or other marking or labeling which is false or 17 misleading, or in any container of a misleading form or size. 18 Established product names and other marking and labeling and 19 containers which are not false or misleading and which are 20 approved by the Director are permitted. 21 (f) If the Director has reason to believe that any 22 marking or labeling or the size or form of any container in 23 use or proposed for use with respect to any article subject 24 to this Act is false or misleading in any particular, he may 25 direct that the use be withheld unless the marking, labeling, 26 or container is modified in a manner as he may prescribe so 27 that it will not be false or misleading. If the person, firm, 28 or corporation using or proposing to use the marking, 29 labeling, or container does not accept the determination of 30 the Director, the person, firm, or corporation may request a 31 hearing, but the use of the marking, labeling, or container 32 shall, if the Director so directs, be withheld pending 33 hearing and final determination by the Director. Any 34 determination by the Director shall be conclusive unless SB1074 Engrossed -25- LRB9102814LDmb 1 within 30 days after receipt of notice of the final 2 determination, the person, firm, or corporation adversely 3 affected appeals to the appropriate authority. 4 (g) No person, firm, or corporation shall advertise for 5 sale, solicit, offer to sell or sell meats or frozen foods 6 intended for storage in locker boxes, home freezers or 7 freezer units by newspapers, handbills, placards, radio, 8 television or other medium unless the advertising is truthful 9 and accurate. The advertising shall not be misleading or 10 deceiving in respect to grade, quality, quantity, price per 11 pound or piece, or in any other manner. For grade 12 determination of meats, the grades shall conform with United 13 States Department of Agriculture standards for designating 14 meat grades and the standards of this Act. 15 No person advertising, offering for sale or selling any 16 carcasses or parts thereof or food plan shall engage in any 17 misleading or deceptive practices and particularly including, 18 but not limited to, the following: 19 (1) Bait selling. 20 (A) Disparage or degrade any product 21 advertised or offered for sale by the seller, or 22 display any product or depiction thereof to any 23 buyer in order to induce the purchase of another 24 product, or represent that a product is for sale 25 when the representation is used primarily to sell 26 another product. 27 (B) Substitute any product for that ordered by 28 the buyer without the buyer's consent. 29 (C) Fail to have available a sufficient 30 quantity of any product represented as being for 31 sale to meet reasonably anticipated demands. 32 (2) Price representation. 33 (A) Use any price list related to the seller's 34 food plan that contains prices other than the SB1074 Engrossed -26- LRB9102814LDmb 1 seller's current billing prices. 2 (B) Misrepresent the amount of money that the 3 buyer will save on purchases of any products that 4 are not of the same grade or quality. 5 (C) Fail to disclose fully and conspicuously 6 in at least 10 point type any charge for cutting, 7 wrapping, freezing, delivery or other services. 8 (D) Represent the price of any meat product to 9 be offered for sale in bundles in units larger than 10 one pound in terms other than price per single pound 11 for meat products in at least 10 point type except 12 when the advertisement or offer for sale pertains to 13 containers of meat products weighing 15 pounds or 14 less. 15 (3) Product Representation. 16 (A) Misrepresent the cut, grade, brand or 17 trade name, or weight or measure of any product. 18 (B) Use the abbreviation "U.S." in describing 19 a product not graded by the United States Department 20 of Agriculture, except that product may be described 21 as "U.S. Inspected" when true. 22 (C) Misrepresent a product through the use of 23 any term similar to a government grade. 24 (D) (Blank).Fail to disclose in uniform 1025point type, when a yield grade is advertised, a26definition of the yield grade in the following27terms:28Yield Grade 1 - Extra Lean29Yield Grade 2 - Lean30Yield Grade 3 - Average Waste31Yield Grade 4 - Wasty32Yield Grade 5 - Exceptionally Wasty33 (E) Advertise or offer for sale any 34 combinations of parts of carcasses with one unit SB1074 Engrossed -27- LRB9102814LDmb 1 price, except when the advertisement or offer for 2 sale pertains to combinations consisting only of 3 poultry or poultry products. 4 (F) Fail to disclose fully and conspicuously 5 the correct government grade for any product if the 6 product is represented as having been graded. 7 (G) Fail to disclose fully and conspicuously 8 that the yield of consumable meat from any carcass 9 or part of a carcass will be less than the weight of 10 the carcass or part thereof. The seller shall, for 11 each carcass or part of carcass advertised, use 12 separately and distinctly (in at least 10 point 13 type) the following disclosure: "Sold hanging 14 weight subject to cutting loss". 15 (H) Misrepresent the amount or proportion of 16 retail cuts that a carcass or part of carcass will 17 yield. 18 (I) (Blank).Fail to furnish the buyer with a19complete and accurate signed statement at the time20of delivery, showing the net weight of meat21delivered to the buyer. If weighed with immediate22wrappings, this fact shall be stated. Both the23actual net weight of the product prior to cutting24and trimming, and the delivered weight shall be25disclosed to the buyer in writing at the time of26delivery. This section shall apply separately to27each carcass or part of carcass sold on any28individual order.29 (J) Fail to disclose fully and conspicuously 30 whether a quarter of a carcass is the front or hind 31 quarter, and "quarters" or "sides" or "halves" must 32 consist of only anatomically natural proportions of 33 cuts from front or hind quarters. A "pre-trimmed 34 side", "packer-trimmed side" or similar term SB1074 Engrossed -28- LRB9102814LDmb 1 describing part of a carcass shall not be 2 represented as a side or quarter of beef, and the 3 descriptions shall not be used for comparison to 4 induce the sale of the product. 5 (K) Represent any part of a carcass as a 6 "half" or "side" unless it consists exclusively of a 7 front and hind quarter. Both quarters must be from 8 the same side of the same animal unless the seller 9 discloses fully and conspicuously that they are from 10 different sides or different animals as the case may 11 be. Each quarter shall be of the same grade or 12 quality as the other quarters comprising the half or 13 side and the seller shall advise the buyer of the 14 weight of each quarter prior to sale. In selling 15 quarters individually or as part of a half or side, 16 if actual weights are not known or cannot be 17 determined prior to sale, approximate weights may be 18 used, provided the buyer is informed that the 19 weights are approximate, the weights are so 20 identified on any purchase order or contract, and 21 the seller agrees with the buyer, in writing, to 22 make a cash refund or grant a credit on delivery for 23 the difference between actual weight and the 24 approximate weight on which the sale was made. 25 (L) Use the words, "bundle", "sample order", 26 "split side", or words of similar import to describe 27 a quantity of meat or poultry unless the seller 28 itemizes each cut and the weight thereof which the 29 buyer will receive. 30 (M) Advertise or offer free, bonus, extra 31 product, or service combined with or conditioned on 32 the purchase of any other product or service unless 33 the additional product or service is accurately 34 described including, whenever applicable, grade, net SB1074 Engrossed -29- LRB9102814LDmb 1 weight or measure, type, and brand or trade name. 2 The words "free", "bonus", or other words of similar 3 import shall not be used in any advertisement unless 4 the advertisement clearly and conspicuously sets 5 forth the total price or amount that must be paid to 6 entitle the buyer to the additional product or 7 service. 8 (N) Misrepresent the breed, origin, or diet of 9 slaughtered animals or parts thereof offered for 10 sale. Sellers making these claims shall have 11 written records available to substantiate the fact. 12 (Source: P.A. 86-217; 87-165.) 13 (225 ILCS 650/14) (from Ch. 56 1/2, par. 314) 14 Sec. 14. Access to premises. 15 No person shall deny access to any authorized personnel 16 upon the presentation of proper identification at any 17 reasonable time to establishments, broker facilities, 18 warehouses or vehicles used in the transportation of meat and 19 poultry or products thereof and to all parts of such 20 premises for the purposes of making inspections, examination 21 of records, inventories, copying and sampling under this Act. 22 Samples of products, water, dye, chemicals, 23 preservatives, spices, or other articles in any official or 24 exempted establishment shall be taken, without cost to the25Department,for examination as often as necessary for 26 efficient inspection. 27 (Source: P.A. 85-246.) 28 (225 ILCS 650/15) (from Ch. 56 1/2, par. 315) 29 Sec. 15. Seizure. 30 (a) The Director is hereby authorized to prohibit the 31 entrance into channels of trade of any meat or poultry 32 products found to be unwholesome, improperly labeled or SB1074 Engrossed -30- LRB9102814LDmb 1 otherwise not in accordance with the provisions of this Act 2 or the rules and regulations established hereunder. Any meat 3 or poultry product found in channels of trade by a Department 4 employee thatan inspector whichis not in compliance with 5 the provisions of this Act shall be subject to seizure and 6 confiscation by the Department. 7 (b) Seized and confiscated meat and poultry products 8 shall be condemned unless it is of such character that it can 9 be made to conform with the provisions of this Act by methods 10 approved by the Director. Condemned meat or poultry products 11 shall be effectively destroyed for human food purposes by the 12 owner of the meat or poultry product under the supervision of 13 a Department employeean inspectorin such manner as the 14 Director may prescribe. 15 (Source: Laws 1959, p. 1944.) 16 (225 ILCS 650/16.1) (from Ch. 56 1/2, par. 316.1) 17 Sec. 16.1. Licensees shall comply with bulletins, 18 manuals of procedure and guidelines issued by the United 19 States Department of Agriculture which implement the federal 20 Meat Inspection Act and the Federal Poultry Inspection Act. 21Such guidelines, bulletins and manuals shall become effective22on the date designated by the United States Department of23Agriculture.24 (Source: P.A. 84-211.) 25 (225 ILCS 650/19) (from Ch. 56 1/2, par. 319) 26 Sec. 19. Criminal offensesPenalties. 27 A. Any person who forcibly assaults, resists, opposes, 28 impedes, intimidates, or interferes with any person while 29 engaged in or on account of the performance of his official 30 duties under this Act shall be guilty of a Class A 31 misdemeanor. 32 B. Any person, firm, or corporation, or any agent or SB1074 Engrossed -31- LRB9102814LDmb 1 employee of any person, firm, or corporation, who gives, 2 pays, or offers, directly or indirectly, to any inspector,3deputy inspector, chief inspector,or any other officer or 4 employee of this State authorized to perform any of the 5 duties prescribed by this Act or by the rules and regulations 6 of the Director, any money or other thing of value, with 7 intent to influence such inspector, deputy inspector, chief8inspector,or other officer or employee of this State in the 9 discharge of his duty, is guilty of a Class 4 felony. 10 B-5. Any inspector, deputy inspector, chief inspector,11 or other officer or employee of this State authorized to 12 perform any of the duties prescribed by this Act who accepts 13 any money, gift, or other thing of value from any person, 14 firm, or corporation, or officers, agents, or employees 15 thereof, given with intent to influence his official action, 16 or who receives or accepts from any person, firm, or 17 corporation any gift, money, or other thing of value given 18 with any purpose of intent whatsoever, is guilty of a Class 4 19 felonyand upon conviction, shall be summarily discharged20from office. 21 C. Any person violating any provision of this Act or any 22 rule or regulation established hereunder,except any23provisions of or rule or regulation established under Section249 or Section 10,is guilty of a Class A misdemeanor.Any25person violating any provision of Section 9 or Section 10 of26this Act, or any rule or regulation applicable thereto, is27guilty of a Class A misdemeanor.28 D. Any person who sells or offers for sale or transports 29 meat or poultry products that are unsound, unhealthful, 30 unwholesome, adulterated, or otherwise unfit for human food 31 or which have not been inspected and passed by Department, 32 federal, or recognized municipal inspection, knowing that 33 such meat or poultry products are intended for human 34 consumption, is guilty of a Class A misdemeanor.Any person,SB1074 Engrossed -32- LRB9102814LDmb 1firm, or corporation who violates any provision of this Act2for which no other criminal penalty, is provided by this Act3is guilty of a Class A misdemeanor.4E. The Director is also authorized to refuse issuance of5a license, to suspend, or revoke a license for violations by6any establishment of the provisions of this Act or the rules7and regulations adopted hereunder when any one or more of the8following items are applicable:9(1) Material misstatement in the application for10original license or in the application for any renewal11license under this Act;12(2) Willful disregard or willful violation of this Act13or of any regulations or rules adopted pursuant thereto;14(3) Willfully aiding or abetting another in the15violation of this Act or of any regulation or rule adopted16pursuant thereto;17(4) Allowing one's license under this Act to be used by18an unlicensed person;19(5) Conviction of any crime an essential element of20which is misstatement, fraud or dishonesty or conviction of21any felony relative to the provisions of this Act, if the22Department determines, after investigation, that such person23has not been sufficiently rehabilitated to warrant the public24trust;25(6) Conviction of a violation of any law of Illinois26except minor violations such as traffic violations and27violations not related to the disposition of this Act or any28rule or regulation of the Department relating thereto;29(7) Making willful misrepresentations or false promises30of a character likely to influence, persuade or induce in31connection with the business of a licensee under this Act;32(8) Pursuing a continued course of willful33misrepresentation of or making false promises through34advertising, salesman, agents or otherwise in connection withSB1074 Engrossed -33- LRB9102814LDmb 1the business of a licensee under this Act; or2(9) Failure to possess the necessary qualifications or3to meet the requirements of this Act for the issuance or4holding of a license.5F. The Department may, upon its own motion, and shall,6upon the verified complaint in writing of any person setting7forth facts which if proven would constitute grounds for8refusal, suspension or revocation under this Act, investigate9the actions of any applicant or any person or persons holding10or claiming to hold a license. At least 10 days prior to the11date set for hearing the Department shall, before refusing to12issue or renew, and before suspension or revocation of a13license, notify in writing the applicant for or holder of a14license, hereinafter called the respondent, that on the date15designated a hearing will be held to determine whether the16respondent is privileged to hold such license and shall17afford the respondent an opportunity to be heard in person or18by counsel. Such written notice may be served personally on19the respondent, or by registered or certified mail sent to20the respondent's business address as shown in his latest21notification to the Department. At the hearing, both the22respondent and the complainant shall be afforded ample23opportunity to present in person or by counsel such24statements, testimony, evidence and argument as may be25pertinent to the charges or to any defense thereto. The26Department may continue such hearing from time to time.27The Director or any employee of the Department of28Agriculture designated by him for such purpose may hold29hearings, administer oaths, sign and issue subpoenas, examine30witnesses, receive evidence and require by subpoena the31attendance and testimony of witnesses and the production of32such accounts, records and memoranda as may be material for33the determination of any complaint under this Act. In case34of the refusal of any person to comply with any subpoena orSB1074 Engrossed -34- LRB9102814LDmb 1on the refusal of a witness to testify to any matter2regarding which he lawfully may be interrogated hereunder,3the judge of any circuit court of the county in which such4investigation or hearing is being conducted may, on5application of the Director or the employee of the Department6designated by the Director to conduct such investigation or7hearing, compel obedience by proceedings for contempt as in8the case of disobedience to an order of such court.9 (Source: P.A. 83-759.) 10 (225 ILCS 650/19.01 new) 11 Sec. 19.01. Suspension and revocation of license. 12 (a) The Director may suspend a license if the Department 13 has reason to believe that any of the following has occurred: 14 (1) A licensee had made a material misstatement in 15 the application for original license or in the 16 application for any renewal license under this Act; 17 (2) A licensee has violated any of the provisions 18 of this Act or of any rules adopted pursuant thereto and 19 the violation or pattern of violations indicates an 20 immediate danger to public health; 21 (3) Aiding or abetting another in the violation of 22 this Act or of any rule adopted pursuant thereto and the 23 violation or pattern of violations indicates an immediate 24 danger to public health; 25 (4) Allowing one's license under this Act to be 26 used by an unlicensed person; 27 (5) Conviction of any crime an essential element of 28 which is misstatement, fraud, or dishonesty or conviction 29 of any felony relative to the provisions of this Act; 30 (6) Pursuing a continued course of willful 31 misrepresentation of or making false promises through 32 advertising, salesmen, agents, or otherwise in connection 33 with the business of a licensee under this Act; or SB1074 Engrossed -35- LRB9102814LDmb 1 (7) Failure to possess the necessary qualifications 2 or to meet the requirements of this Act for the issuance 3 or holding of a license. 4 (b) Within 10 days after suspension of a license, an 5 administrative hearing shall be commenced to determine 6 whether the license shall be reinstated or revoked. Whenever 7 an administrative hearing is scheduled, the licensee shall be 8 served with written notice of the date, place, and time of 9 the hearing at least 5 days before the hearing date. The 10 notice may be served by personal service on the licensee or 11 by mailing it by registered or certified mail, return receipt 12 requested, to the licensee's place of business. The Director 13 may, after a hearing, issue an order either revoking or 14 reinstating the license. 15 (225 ILCS 650/19.2) (from Ch. 56 1/2, par. 319.2) 16 Sec. 19.2. Administrative hearings and penalties. 17 When an administrative hearing is held, the hearing 18 officer, upon determination of a violation of this Act or 19 rules promulgated under this Act, may assess the following 20 administrative penalties in addition to or instead of a 21 suspension or revocation of the license as provided in 22 Section 19 of this Act: 23 (a) $150 for illegal advertising. 24 (b) $200 for operating without being licensed as a meat 25 broker, poultry broker, or meat and poultry broker. 26 (c) $300 for misbranding as defined in Section 2.20 of 27 this Act. 28 (d) no less than $500 and no greater than $5,000 for 29 sale of uninspected meat. 30 (e) no less than $500 and no greater than $5,000 for 31 product adulteration. 32 (e-5) $500 for detaching, breaking, changing, or 33 tampering with any official seal, seizure tag, rejected tag, SB1074 Engrossed -36- LRB9102814LDmb 1 or retained tag in any way whatsoever. 2 (f) $500 for selling a product in violation of the 3 approved label specifications. 4 (g) $500 for removal of meat or poultry products under 5 seizure. 6 (h) (Blank). 7 (h-5) no less than $500, but no more than $5,000 for 8 operating outside approved hours of operation or approved 9 overtime. 10 (i) No less than $500 but no more than $5,000 for 11 operating without being licensed as a meat processor or 12 slaughterer. 13 In the case of a second or subsequent violation within 3 14 years of the first violation, the penalty shall be doubled. 15 Penalties not paid within 60 days of notice from the 16 Department shall be submitted to the Attorney General's 17 office or an approved private collection agency for 18 collectionor referred for prosecution to the States19Attorney's office in the county where the violation occurred. 20 (Source: P.A. 89-463, eff. 5-31-96.) 21 (225 ILCS 650/2.1 rep.) 22 (225 ILCS 650/2.2 rep.) 23 (225 ILCS 650/2.3 rep.) 24 (225 ILCS 650/2.4 rep.) 25 (225 ILCS 650/2.5 rep.) 26 (225 ILCS 650/2.6 rep.) 27 (225 ILCS 650/2.7 rep.) 28 (225 ILCS 650/2.8 rep.) 29 (225 ILCS 650/2.9 rep.) 30 (225 ILCS 650/2.9a rep.) 31 (225 ILCS 650/2.10 rep.) 32 (225 ILCS 650/2.11 rep.) 33 (225 ILCS 650/2.12 rep.) SB1074 Engrossed -37- LRB9102814LDmb 1 (225 ILCS 650/2.13 rep.) 2 (225 ILCS 650/2.14 rep.) 3 (225 ILCS 650/2.15 rep.) 4 (225 ILCS 650/2.16 rep.) 5 (225 ILCS 650/2.17 rep.) 6 (225 ILCS 650/2.18 rep.) 7 (225 ILCS 650/2.19 rep.) 8 (225 ILCS 650/2.20 rep.) 9 (225 ILCS 650/2.21 rep.) 10 (225 ILCS 650/2.22 rep.) 11 (225 ILCS 650/2.23 rep.) 12 (225 ILCS 650/2.24 rep.) 13 (225 ILCS 650/2.25 rep.) 14 (225 ILCS 650/2.26 rep.) 15 (225 ILCS 650/2.28 rep.) 16 (225 ILCS 650/2.29 rep.) 17 (225 ILCS 650/2.30 rep.) 18 (225 ILCS 650/2.31 rep.) 19 (225 ILCS 650/2.32 rep.) 20 (225 ILCS 650/2.33 rep.) 21 (225 ILCS 650/2.34 rep.) 22 (225 ILCS 650/2.35 rep.) 23 (225 ILCS 650/2.36 rep.) 24 (225 ILCS 650/2.37 rep.) 25 (225 ILCS 650/2.38 rep.) 26 (225 ILCS 650/2.39 rep.) 27 (225 ILCS 650/2.40 rep.) 28 (225 ILCS 650/2.41 rep.) 29 (225 ILCS 650/2.42 rep.) 30 (225 ILCS 650/2.43 rep.) 31 (225 ILCS 650/2.44 rep.) 32 (225 ILCS 650/3.1 rep.) 33 (225 ILCS 650/4 rep.) 34 (225 ILCS 650/19.1 rep.) SB1074 Engrossed -38- LRB9102814LDmb 1 Section 10. The Meat and Poultry Inspection Act is 2 amended by repealing Sections 2.1, 2.2, 2.4, 2.5, 2.6, 2.7, 3 2.8, 2.9, 2.9a, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16, 4 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25, 2.26, 5 2.28, 2.29, 2.30, 2.31, 2.32, 2.33, 2.34, 2.35, 2.36, 2.37, 6 2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 3.1, 4, and 19.1. SB1074 Engrossed -39- 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. SB1074 Engrossed -40- 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 650/19.1 rep.