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Public Act 91-0614
SB73 Enrolled LRB9101575DHmg
AN ACT concerning meat and poultry inspection.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Meat and Poultry Inspection Act is
amended by changing Section 5 as follows:
(225 ILCS 650/5) (from Ch. 56 1/2, par. 305)
Sec. 5. Exemptions - Producers, Retailers, Custom
Slaughterers, Poultry Raisers, and Custom Processors.
Within the meaning of this Act:
(A) A "producer" means any person engaged in producing
agricultural products, on whose farm the number of animals or
poultry is in keeping with the size of the farm or with the
volume or character of the agricultural products produced
thereon, but does not mean any person engaged in producing
agricultural products who:
1. actively engages in buying or trading animals or
poultry or both; or
2. actively engages directly or indirectly in conducting
a business which includes the slaughter of animals or poultry
or both, for human food purposes; or
3. actively engages, directly or indirectly, in canning,
curing, pickling, freezing, salting meat or poultry, or in
preparing meat or poultry products for sale; or
4. slaughters or permits any person to slaughter on his
or their farm animals or poultry not owned by the producer
for more than 30 days.
The provisions of this Meat and Poultry Inspection Act
requiring inspection to be made by the Director of
Agriculture do not apply to animals or poultry slaughtered by
any producer on his or her farm, nor to animals or poultry
slaughtered on the farm of the owners for the personal or
family use of such owner, nor to retail dealers or retail
butchers with respect to meat or poultry products sold
directly to consumers in retail stores; provided, that the
only processing operation performed by such retail dealers or
retail butchers is the cutting up of meat or poultry products
which have been inspected under the provisions of this Act
and is incidental to the operation of the retail food store.
Meat or poultry products derived from animals or poultry
slaughtered by any producer on the farm which are canned,
cured, pickled, frozen, salted or otherwise prepared at any
place other than by the producer on the farm upon which the
animals or poultry were slaughtered are not exempt under the
producer's exemption herein provided.
Any person who sells or offers for sale or transports
meat or poultry products which are unsound, unhealthful,
unwholesome, adulterated, or otherwise unfit for human food,
or which have not been inspected and passed by Department,
Federal or recognized municipal inspection, knowing that such
meat or poultry products are intended for human consumption,
is guilty of a Class A misdemeanor and shall be punished as
provided by Section 19.
(B) The following types of establishments are exempt
from specific provisions of this Act:
1. Poultry raisers with respect to poultry raised on
their own farms or premises (a) if such raisers slaughter,
eviscerate, or further process not more than 5,000 1000
poultry during the calendar year for which this exemption is
being determined; (b) such poultry raisers do not engage in
buying or selling poultry products other than those produced
from poultry raised on their own farms or premises; (c) such
poultry or poultry products are slaughtered, otherwise
prepared, sold or delivered to the consumer on or from the
premises for which the exemption is given; (d) such slaughter
or preparation shall be performed in sanitary facilities, in
a sanitary manner, and subject to periodic inspection by
Department personnel; (e) persons desiring such exemptions
shall submit in writing a request to the Department. The
exemption shall be effective upon written notice from the
Department and shall remain in effect for a period of 2
years, unless revoked. Adequate records must be maintained
to assure that not more than the number of exempted poultry
are slaughtered or processed in one calendar year. Such
records shall be kept for one year following the termination
of each exemption. Any advertisement regarding the exempt
poultry or poultry products shall reflect the fact of
exemption so as not to mislead the consumer to presume
official inspection has been made under "The Meat and Poultry
Inspection Act".
2. Type II Establishments licensed under this Act for
custom slaughtering and custom processing as defined in
Sections 2.39 and 2.40 of this Act, who do not sell either
meat products or poultry products shall:
a. Be permitted to receive, for processing, meat
products and poultry products from animals and poultry
slaughtered by the owner, or for the owner, for his own
personal use, or for use by his household.
b. Be permitted to receive live animals and poultry
presented by the owner to be slaughtered and processed for
the owner's own personal use, or for use by his household.
c. Be permitted to receive, for processing, inspected
meat products and inspected poultry products for the owner's
own personal use or for use by his household.
d. Stamp the words "NOT FOR SALE" in letters at least
3/8 inches in height on all carcasses of animals and poultry
slaughtered in such establishment and on all meat products
and poultry products processed in such establishment.
e. Conspicuously display a license issued by the
Department and bearing the words "NO SALES PERMITTED".
f. Keep a record of the name and address of the owner of
each carcass or portion thereof received in such licensed
establishment, the date received, and the dressed weight.
Such records shall be maintained for at least one year and
shall be available, during reasonable hours, for inspection
by Department personnel.
g. File an annual statement with the Department to the
effect that neither meat products nor poultry products are
offered for sale.
h. No custom slaughterer or custom processor shall
engage in the business of buying or selling any poultry or
meat products capable of use as human food, or slaughter of
any animals or poultry intended for sale.
3. A Type I Establishment licensed under the authority
of this Act who sells, or offers for sale, meat, meat
product, poultry and poultry product shall except as
otherwise provided:
a. Be permitted to receive meat, meat product, poultry
and poultry product for cutting, processing, preparing,
packing, wrapping, chilling, freezing, sharp freezing or
storing, provided it bears an official mark of State of
Illinois or of Federal Inspection.
b. Be permitted to receive live animals and poultry for
slaughter provided all animals and poultry are properly
presented for prescribed inspection by a Department employee.
c. May accept meat, meat product, poultry and poultry
product for sharp freezing or storage provided that prior to
entry, the meat, meat product, poultry and poultry product
has been wrapped or packaged and marked "NOT FOR SALE" as
prescribed in subparagraph d of paragraph 4 of subsection (B)
of this Section.
d. An operator licensed under this Act to slaughter and
process poultry shall be permitted to receive for slaughter
and cutting up poultry delivered to him by the owner thereof
exclusively for use in the household of such owner, by him
and members of his household, his nonpaying guests, and
employees. Such poultry shall be exempt from inspection
provided the operator:
(i) Keeps such poultry, poultry carcasses and parts
thereof separate from all other meat, meat products, poultry
and poultry products at all times while on the premises.
(ii) Thoroughly cleans and disinfects all facilities and
equipment with which such poultry or parts come in contact
upon completion of slaughter and cutting up.
(iii) Stamps the words "NOT FOR SALE" as prescribed in
subparagraph d of paragraph 4 of subsection (B) of this
Section on each immediate package of such poultry or poultry
parts.
(iv) Records the following information with regard to
poultry slaughtered or cut up in his licensed establishment:
(a) Name and address;
(b) Date received;
(c) Number and dressed weight of carcass.
(v) Such records shall be maintained for not less than
one year and shall be available for inspection by Department
personnel during reasonable business hours.
4. Any establishment licensed under the authority of
this Act that receives wild game carcasses shall comply with
the following requirements:
a. Wild game carcasses shall be dressed prior to
entering the processing or refrigerated areas of the licensed
establishment.
b. Wild game carcasses stored in the refrigerated area
of the licensed establishment shall be kept separate and
apart from inspected products.
c. A written request shall be made to the Department for
listing of the days and time of day wild game carcasses may
be processed.
d. All equipment used which comes in contact with wild
game shall be thoroughly cleaned and sanitized prior to use
on animal or poultry carcasses.
5. Establishments in which operations in relation to
meat or poultry products consist entirely of storage of such
products in individual lockers at or below a temperature of 0
degrees F.
(Source: P.A. 85-246.)
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