Section 760.110  Special Requirements for Food Supplies

a)         Fluid milk and fluid milk products used or offered for sale shall comply with the Grade 'A' standards as established by law.  Dry milk and milk products used or offered for sale shall be made from pasteurized milk and milk products.

b)         Fresh and frozen shucked shellfish (oysters, clams, or mussels) shall be received and/or repacked in non-returnable packages identified with the name and address of the original shell stock processor, shucker-packer, or repacker, and the State certification number issued according to law.  Shucked shellfish shall be kept in the container in which they were received until used or sold.

c)         Each original container of unshucked shellfish (oysters, clams, or mussels) shall be identified by an attached tag, to be retained for a period of 90 days, that states the name and address of the original shellfish processor, the kind and quantity of shellfish, and the certification number issued by the State or foreign shellfish control agency, where applicable.  Each shucked shellfish invoice shall be retained for a period of 90 days and be made available for inspection by the health department.

d)         Only clean shell Grade A eggs meeting applicable grade standards or pasteurized liquid, frozen or dry eggs, or pasteurized dry egg products shall be used or offered for sale.

e)         Only ice which has been manufactured from potable water and handled in a sanitary manner shall be used or offered for sale.  Ice offered for sale shall be packaged.

f)          Game animals received for sale of service must comply with the criteria specified below.

1)         Game animals commercially farm-raised for food shall be raised, slaughtered, and processed under either a routine or voluntary inspection program, as provided below.

A)        For a routine (mandatory) inspection program conducted by the United States Department of Agriculture or Illinois Department of Agriculture, the game animals shall be raised, slaughtered and processed according to applicable laws governing meat and poultry.

B)        Any voluntary inspection program shall be conducted by the agency that has animal health jurisdiction (the United States Department of Agriculture, Illinois Department of Agriculture or other regulatory agency).

2)         Field dressed wild game animals donated under the Good Samaritan Food Donor Act [745 ILCS 50] shall:

A)        Receive a postmortem inspection by a veterinarian, veterinarian's designee, professional biologist or other person familiar with the conditions, parasites and diseases of the species, approved by the regulatory agency that has animal health jurisdiction;

B)        Have been field dressed and transported according to requirements specified by the regulatory agency that has animal health jurisdiction; and

C)        Be processed according to laws governing meat and poultry as determined by the regulatory agency that has animal health jurisdiction and  conducts the inspection program.

3)         Exotic species of animals, including animals raised for exhibition purposes in a zoo or circus, used for food shall:

A)        Be raised, slaughtered and processed under a voluntary or mandatory inspection program; or

B)    i)  Receive antemortem and postmortem examination; and

ii)         Be slaughtered and processed according to laws governing meat and poultry as determined by the regulatory agency that has animal health jurisdiction and conducts the inspection program.

g)         Uninspected, field dressed, wild game served at special events such as wild game dinners shall:

1)         Have placards displayed in a conspicuous location throughout the event identifying the food served as uninspected wild game as provided for in the Good Samaritan Food Donor Act [745 ILCS 50].

2)         Comply with all other food sanitation requirements specified in this Part.

3)         Not be served at institutions and facilities such as nursing homes and hospitals that primarily serve highly susceptible individuals.

h)         Each retail food establishment location shall obtain written permission from the appropriate regulatory authority responsible for retail food protection in that jurisdiction before packaging foods in a reduced oxygen atmosphere.  Reduced oxygen packaging shall consist of cook-chill processing, vacuum-packaging, modified atmosphere packaging (MAP) or controlled atmosphere packaging (CAP).  The request from the retail establishment and approval from the regulator shall be product specific and shall be issued according to the requirements listed in Subpart J of this Part.

i)          Every food pre-packaged in advance of retail sale must bear the following information in English on its label (Bulk foods require the same information to be provided on placards, bin labels or counter cards, excluding net contents.):

1)         The common and/or usual name of the product;

2)         The name, address and zip code of the manufacturer, processor, packer, preparer or distributor;

3)         The net contents of the package;

4)         A list of ingredients in the order of their predominance by weight with ingredients shown by their common or usual name; and

5)         A list of any artificial color, artificial flavor or preservative used.

j)          Foods packaged or repackaged by charitable or not-for-profit organizations for distribution to people in need shall bear the common and/or usual name of the product and the name of the distributing organization. A list of ingredients for any multi-ingredient product shall be posted or made available upon request.  Prepared, ready-to-eat foods donated by food service establishments to charitable or not-for-profit organizations are exempt from the ingredient listing requirements of this subsection.

k)         The processing and labeling of ground meats/poultry and other meat/poultry products shall be done in compliance with Subpart K of this Part.

l)          Pasteurized soft serve mix and frozen desserts shall comply with the Standards listed below.

            The products shall be tested in accordance with tests and examinations contained in the 15th edition of Official Methods of Analysis of the Association of Official Analytical Chemists or in the 15th edition of Standard Methods for the Examination of Dairy Products.

            *Except frozen yogurt with live culture added.

m)        Consumer Advisory.  Effective July 1, 1996, if a retail food store offers any raw or under-cooked animal food, such as meat, poultry, eggs or seafood (including shellfish), in ready-to-eat form or offers any read-to-eat food containing animal food as a raw ingredient, the retail food store operator shall advise consumers of the presence of such raw or under-cooked animal food and advise consumers of the increased health risk of eating such foods in raw or under-cooked form, especially for certain populations.

1)         If menu or food items containing such raw or under-cooked animal food (e.g., steak tartare or Caesar salad containing raw unpasteurized eggs) are routinely offered, such consumer advisory shall clearly identify the food item that contains the raw or under-cooked animal food.

2)         If a retail food store does not routinely offer food items containing raw or under-cooked animal food, but will serve under-cooked meat, eggs or seafood upon the request of a consumer/patron, a general consumer advisory shall be provided.  The advisory does not need to identify the food item that a consumer might request in an under-cooked condition.

3)         The required consumer advisory may be in the form of a brochure, deli case or menu advisory, label statement, table tent, placard or other written notification that is visible to patrons.  The advisory shall include the following:

            "The Illinois Department of Public Health advises that eating raw or under-cooked meat, poultry, eggs, or seafood poses a health risk to everyone, but especially the elderly, young children under age 4, pregnant women, and other highly susceptible individuals with compromised immune systems.  Thorough cooking of such animal foods reduces the risk of illness."

4)         If space permits, any consumer advisory may include additional language such as the following:

            "For further information, contact your physician or public health department."

(Source:  Amended at 20 Ill. Reg. 3307, effective February 5, 1996)