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92_HB4890eng HB4890 Engrossed LRB9213810DHmg 1 AN ACT concerning farm products. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Egg and Egg Products Act is 5 amended by changing Sections 6, 8, 10, and 15 as follows: 6 (410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6) 7 Sec. 6. Candling; labeling; sales by producers; retail 8 sales; temperature requirements. All eggs sold at retail or 9 purchased by institutional consumers must be candled for 10 quality and graded for size. 11A producer may sell, direct to a household consumer for12that consumer's personal use and that consumer's non-paying13guests, eggs produced by a producer's own birds without14candling or grading the eggs.15 A producer may sell on his own premises where eggs are 16 produced, direct to household consumers, for the consumer's 17 personal use and that consumer's non-paying guests, nest run 18 eggsclassified as checks and dirtieswithout candling or 19 grading those eggs. 20 All eggs designated for sale off the premises where the 21 flock is located, such as at farmers' markets, and at retail 22 or for institutional use must be candled and graded and held 23 in a place or room in which the temperature may not exceed 45 24 degrees Fahrenheit after processing. Nest run eggs shall be 25 held at 60 degrees Fahrenheit or less at all times. During 26 transportation, the egg temperature may not exceed 45 degrees 27 Fahrenheit. 28 Hatcheries buying eggs for hatching purposes from 29 producers under contract may sell their surplus eggs to a 30 licensed packer or handler provided that the hatchery shall 31 keep records which indicate the number of cases sold, the HB4890 Engrossed -2- LRB9213810DHmg 1 date of sale and the name and address of the packer or 2 handler making the purchase. 3 All eggs candled or candled and graded outside the State 4 must meet Federal standards before they can be sold or 5 offered for sale in the State. No eggs may be offered for 6 sale for consumer use after the original 30-day candling 7 date.All eggs candled or candled and graded must be8recandled and regraded if not sold at retail within 30 days9of the original candling date.10 Each container of eggs offered for sale or sold at 11 wholesale or retail must be labeled in accordance with the 12 standards established by the Department showing grade, size, 13 packer identification, and candlingpackingdate, and may be 14 labeled with an expiration date, or other similar language as 15 specified by USDA standards, that is not later than 30 days 16 fromafterthe candlingpackingdate for grade A eggs and not 17 later than 15 days after the candling date for grade AA eggs. 18The date of candling and an expiration date not later than 3019days after the date of packing must appear in lettering on20the container in which the eggs are offered for sale. Eggs21identified as grade AA shall have an expiration date not22later than 15 days after the date of packing.23 The grade and size of eggs must be conspicuously marked 24 in bold face type on all consumer-size containers. 25 The size and height of lettering or numbering requirement 26 shall be set by regulation and shall conform as near as 27 possible to those required by Federal law. 28 All advertising of shell eggs for sale at retail for a 29 stated price shall contain the grade and size of the eggs. 30 The information contained in such advertising shall not be 31 misleading or deceptive. In cases of food-borne disease 32 outbreaks in which eggs are identified as the source of the 33 disease, all eggs from the flocks from which those 34 disease-causing eggs came shall be identified with a producer HB4890 Engrossed -3- LRB9213810DHmg 1 identification or flock code number to control the movement 2 of those eggs. 3 (Source: P.A. 89-154, eff. 7-19-95.) 4 (410 ILCS 615/8) (from Ch. 56 1/2, par. 55-8) 5 Sec. 8. Any person or business who buys, sells, trades, 6 or traffics in eggs in this State and is a broker, 7 distributor, handler, packer, producer, or producer-dealer, 8 as defined in this Act, must be licensed in this State. A 9 limited or full license must be purchased annually. No person 10 or business shall buy, sell, trade, or traffic inbartereggs 11 in this State without having obtained a license as provided 12 in Section 9, except the following: 13 (a) A producer who obtains eggs from his own flock, 14 regardless of the size of the flock, and sells them as nest 15 run eggs, either to household consumers on the premises where 16 the flock is located, or to a holder of an Illinois Egg 17 License; 18 (b) Hatcheries which purchase eggs to be used 19 exclusively for hatching purposes; 20 (c) Institutional consumers where all eggs purchased are 21 served in the establishment; 22 (d) Manufacturers of food products who use all eggs 23 purchased in their products such as bakeries, 24 confectioneries, and ice cream manufacturers, etc.; 25 (e) Agents employed and carried on the payroll on a 26 salary basis by licensed dealers or distributors; 27 (f) A consumer buying eggs for his own consumption; 28 (g) A retailer who buys eggs from licensed distributors 29 or from licensed handlers only and sells eggs only at retail. 30 (Source: P.A. 89-154, eff. 7-19-95.) 31 (410 ILCS 615/10) (from Ch. 56 1/2, par. 55-10) 32 Sec. 10. Inspection fee. The Director shall set, by HB4890 Engrossed -4- LRB9213810DHmg 1 regulation, a per case inspection fee which shall cover the 2 administrative and inspection costs of the program required 3 by the Act. In no case shall the rate exceed 6¢ per each 30 4 dozen eggs or fraction thereof. 5 The inspection fee as set shall be imposed upon eggs 6 bearing a designated size and grade sold or offered for sale 7 in Illinois. The first handler in Illinois who packed and 8 sold the eggs must pay the prescribed inspection fee on those 9 eggs. If eggs are shipped into Illinois, the handler who 10 invoiced the eggs to Illinois must pay the fee.The fee shall11be paid by the handler at the point of candling and grading.12 When the handler sells the eggs, the inspection fee shall be 13 charged in addition to the sale price of the eggs and shall 14 be remitted to the seller by the purchaser. Each sales 15 invoice shall indicate the amount of inspection fee for the 16 transaction. Eggs sold and shipped out of the State of 17 Illinois by Illinois packers are exempt from the inspection 18 fee. 19 The inspection fee shall be paid only once on the same 20 quantity of eggs so long as those eggs maintain their 21 identity by remaining in their original case, carton or 22 package. All inspection fees shall be paid into the 23 "Agricultural Master Fund" to the credit of a special account 24 designated as the "Auxiliary Egg Inspection Fund". All 25 amounts credited to the "Auxiliary Egg Inspection Fund" shall 26 be used for the enforcement of the provisions of this Act. 27 The method and manner of collecting the inspection fee 28 levied, whether it be by the use of stamps, monthly reporting 29 and collecting from dealers or any other method shall be 30 prescribed by the Director of Agriculture, pursuant to rules 31 and regulations adopted for this purpose as authorized under 32 the provisions of this Act. 33 (Source: P.A. 89-154, eff. 7-19-95.) HB4890 Engrossed -5- LRB9213810DHmg 1 (410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15) 2 Sec. 15. Samples; packing methods. The Department shall 3 prescribe methods in conformity with the United States 4 Department of Agriculture specifications for selecting 5 samples of lots, cases or containers of eggs or egg products 6 which shall be reasonably calculated to produce fair 7 representations of the entire lots or cases and containers 8 sampled. Any sample taken shall be prima facie evidence in 9 any court in this State of the true condition of the entire 10 lot, case or container of eggs or egg products in the 11 examination of which the sample was taken. 12 It shall be unlawful for any handler or retailer to pack 13 eggs into consumer-size containers other than during the 14 original candling and grading operations unless: 15 (a) The loose eggs to be so transferred are in master 16 case stamped no more than 5 days previous indicating that the 17 size and quality have been verified. 18 (b) The process of transferring is done in a licensed 19 establishment. 20 (c) (Blank). 21 (d) The loose eggs to be transferred are reprocessed in 22 the same manner as nest-run eggs and each egg is recandled 23 for quality and regraded for size in an establishment 24 recognized as a competent grading facility by the Director or 25 his authorized representative. 26 (e) (Blank)The retail location shall be granted written27permission to repack eggs and shall comply with the following28requirements:29(1) A retailer shall only repackage clean and sound30shell eggs which originated from properly labeled31consumer-size containers that have been damaged or their32contents damaged. The repacked eggs shall meet U.S.33Department of Agriculture standards for consumer Grade B34eggs. Eggs in the repacked consumer-size container shallHB4890 Engrossed -6- LRB9213810DHmg 1be no less than medium in size. It shall be unlawful to2repackage eggs that do not meet the requirements of3Section 6 of this Act.4(2) The consumer-size egg container that contains5eggs that have been repacked shall be labeled with a6statement declaring that the eggs in the container were7repackaged by the retail store offering the eggs for8sale, the name of the retail store, its location, the9date the eggs were repacked and the oldest candling date10which appeared on the consumer-size egg container or11containers from which the repackaged eggs originated.12The repackaged egg container shall also be labeled "Grade13B Medium" and contain a statement indicating that "some14of the eggs may be larger than indicated on the carton".15(3) The labeling on the consumer-size container16used for the repackaged eggs shall meet the type and17lettering size requirements as required on the original18consumer-size containers. The additional labeling19information required on repacked egg containers shall be20in bold face type with lettering no less than 1/8 inch in21height.22(4) The Department shall grant written permission23to repackage eggs at the retail level when an application24is made by a retailer. 25 If procedures described in paragraph (a) or (b) of this 26 Section are executed, the mandatory labeling as it appears 27 on the master cases with respect to name, address, grade, 28 size and candling date must be identical to the labeling on 29 the consumer-size containers into which the eggs are 30 transferred except that the name and address may be changed, 31 provided that the words "packed for", "packed by" or words 32 of similar import do not appear. 33 (Source: P.A. 89-154, eff. 7-19-95.) HB4890 Engrossed -7- LRB9213810DHmg 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.