093_HB2893

 
                                     LRB093 03536 LRD 03565 b

 1        AN ACT in relation to inspections.

 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, 5.1, 7, 12, 13, 14, 19,
 6    and 19.2 and adding Sections 5.3 and 18.01 as follows:

 7        (225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
 8        Sec. 2. Definitions. As used in this Act:
 9        "Adulterated" means any carcass, or part  of  a  carcass,
10    meat or meat food product, or poultry or poultry food product
11    if:
12             (1)  it   bears   or   contains   any  poisonous  or
13        deleterious substance which may render  it  injurious  to
14        health,  but  if  the substance is not an added substance
15        the article is not adulterated under  this  paragraph  if
16        the  quantity of such substance in or on the article does
17        not ordinarily render it injurious to health;
18             (2)  it  bears   or   contains,   because   of   the
19        administering  of  any  substance  to  the  live  animal,
20        poultry,  or  other  food product, any added poisonous or
21        added deleterious substance other than  (A)  a  pesticide
22        chemical  in  or on a raw agricultural commodity or (B) a
23        food additive or a color additive that, in  the  judgment
24        of  the  Director,  may  make the article unfit for human
25        food;
26             (3)  it is, in whole or in part, a raw  agricultural
27        commodity and the commodity bears or contains a pesticide
28        chemical that is unsafe within the meaning of Section 408
29        of the federal Food, Drug, and Cosmetic Act;
30             (4)  it  bears or contains any food additive that is
31        unsafe within the meaning of Section 409 of  the  federal
 
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 1        Food, Drug, and Cosmetic Act;
 2             (5)  it  bears  or contains any color additive which
 3        is unsafe within  the  meaning  of  Section  706  of  the
 4        federal  Food,  Drug,  and Cosmetic Act, provided that an
 5        article that is not adulterated under paragraph (3), (4),
 6        or  (5)  is  nevertheless  adulterated  if  use  of   the
 7        pesticide  chemical,  food additive, or color additive in
 8        or on the article is prohibited under Section 13 or 16 of
 9        this Act;
10             (6)  it consists in whole or in part of any  filthy,
11        putrid,  or  decomposed  substance  or  is for any reason
12        unsound, unhealthful, unwholesome, or otherwise unfit for
13        human food;
14             (7)  it has been prepared,  packed,  or  held  under
15        unsanitary   conditions   whereby   it  may  have  become
16        contaminated with filth, or  whereby  it  may  have  been
17        rendered injurious to health;
18             (8)  it  is,  in whole or in part, the product of an
19        animal  or  poultry  that  has  died  otherwise  than  by
20        slaughter;
21             (9)  its container is composed, in whole or in part,
22        of any poisonous or deleterious substance that may render
23        the contents injurious to health;
24             (10)  it  has  been   intentionally   subjected   to
25        radiation,  unless  the  use  of  the  radiation  was  in
26        conformity  with  a regulation or exemption under Section
27        409 of the federal Food, Drug, and Cosmetic Act;
28             (11)  any valuable constituent has been in whole  or
29        in  part  omitted  or  abstracted  from  the article; any
30        substance has been substituted, wholly or in part; damage
31        or inferiority has been concealed in any manner;  or  any
32        substance  has  been  added,  mixed,  or  packed with the
33        article to increase its bulk or  weight,  to  reduce  its
34        quality  or  strength,  or to make it appear better or of
 
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 1        greater value than it is; or
 2             (12)  it  bears  or  contains  sodium  benzoate   or
 3        benzoic  acid  or  any  combination  thereof,  except  as
 4        permitted  in accordance with the federal meat or poultry
 5        programs.
 6        "Animals" means cattle, calves, American bison (buffalo),
 7    catalo, cattalo, sheep, swine, domestic deer,  domestic  elk,
 8    domestic antelope, domestic reindeer, ratites, water buffalo,
 9    and goats.
10        "Capable  of  use as human food" means the carcass of any
11    animal or poultry, or part or product of  a  carcass  of  any
12    animal or poultry, unless it is denatured to deter its use as
13    human food or it is naturally inedible by humans.
14        "Custom  processing"  means  the  cutting  up, packaging,
15    wrapping, storing, freezing, smoking, or curing  of  meat  or
16    poultry  products  as  a  service by an establishment for the
17    owner or the agent of  the  owner  of  the  meat  or  poultry
18    products  exclusively  for  use in the household of the owner
19    and  his  or  her  nonpaying   guests   and   employees.   or
20    slaughtering  with  respect  to live poultry purchased by the
21    consumer at this establishment  and  processed  by  a  custom
22    plant    operator   in   accordance   with   the   consumer's
23    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,  or
30    slaughtering  with  respect  to live poultry purchased by the
31    consumer at this establishment  and  processed  by  a  custom
32    plant    operator   in   accordance   with   the   consumer's
33    instructions.
34        "Department" means the Department of Agriculture  of  the
 
                            -4-      LRB093 03536 LRD 03565 b
 1    State of Illinois.
 2        "Director" means, unless otherwise provided, the Director
 3    of  the Department of Agriculture of the State of Illinois or
 4    his or her duly appointed representative.
 5        "Establishment"  means  all   premises   where   animals,
 6    poultry,  or  both,  are  slaughtered  or  otherwise prepared
 7    either for custom, resale, or retail for food purposes,  meat
 8    or  poultry  canneries,  sausage factories, smoking or curing
 9    operations, restaurants,  grocery  stores,  brokerages,  cold
10    storage plants, processing plants, and similar places.
11        "Food   plan   operator"   means  any  person,  firm,  or
12    corporation,  other  than  a  processor  or  a  locker  plant
13    operator, engaged in the business of soliciting, negotiating,
14    or making sales of meat or poultry products to  the  consumer
15    for  storage  in a locker box, home freezer, or other freezer
16    unit.
17        "Illinois suspect" means that the animal  or  poultry  so
18    marked  and  identified is suspected of being affected with a
19    disease or condition that may require  its  condemnation,  in
20    whole  or  in  part,  when  slaughtered and may be subject to
21    further  examination  by  an  inspector  to   determine   its
22    disposal.
23        "Federal  Food,  Drug,  and  Cosmetic  Act" means the Act
24    approved June 25, 1938 (52 Stat. 1040), as now  or  hereafter
25    amended.
26        "Federal   inspection"   means   the   meat  and  poultry
27    inspection service conducted by the United States  Department
28    of   Agriculture   by  the  authority  of  the  Federal  Meat
29    Inspection Act and the Federal  Poultry  Products  Inspection
30    Act.
31        "Federal  Meat  Inspection  Act"  means  the Act approved
32    March 4, 1907 (34 Stat. 1260), as now or hereafter amended by
33    the Wholesome Meat Act (81 Stat. 584), as  now  or  hereafter
34    amended.
 
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 1        "Illinois inspected and condemned" means that the meat or
 2    poultry  product  so  identified  and  marked is unhealthful,
 3    unwholesome, adulterated, or otherwise unfit for  human  food
 4    and  shall  be  disposed  of  in the manner prescribed by the
 5    Department.
 6        "Illinois inspected and passed" means that  the  meat  or
 7    poultry  product so stamped and identified has been inspected
 8    and passed under the provisions of this Act and the rules and
 9    regulations pertaining thereto at the time of inspection  and
10    identification  was  found to be sound, clean, wholesome, and
11    unadulterated.
12        "Illinois  retained"  means  that  the  meat  or  poultry
13    product  so  identified  is   held   for   further   clinical
14    examination  by  a  veterinary  inspector  to  determine  its
15    disposal.
16        "Immediate  container"  means any consumer package or any
17    other  container  in  which  livestock  products  or  poultry
18    products, not consumer packaged, are packed.
19        "Inspector"  means  any  employee   of   the   Department
20    authorized  by the Director to inspect animals and poultry or
21    meat and poultry products.
22        "Label" means a display of written, printed,  or  graphic
23    matter  upon  any  article  or  the  immediate container, not
24    including package liners, of any article.
25        "Labeling" means all labels and other  written,  printed,
26    or  graphic  matter  (i)  upon  any  article  or  any  of its
27    containers or wrappers or (ii) accompanying the article.
28        "Meat broker", "poultry broker",  or  "meat  and  poultry
29    broker" means any person, firm, or corporation engaged in the
30    business  of buying, negotiating for purchase of, handling or
31    taking possession of, or selling meat or poultry products  on
32    commission   or  otherwise  purchasing  or  selling  of  such
33    articles other than for the person's  own  account  in  their
34    original  containers  without  changing  the character of the
 
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 1    products  in  any  way.  A  broker  shall  not  possess   any
 2    processing equipment in his or her licensed facility.
 3        "Meat  food  product" means any product capable of use as
 4    human food that is made wholly or in part from  any  meat  or
 5    other  portion of the carcass of any cattle, sheep, swine, or
 6    goats, except products that contain meat or other portions of
 7    such carcasses only  in  a  relatively  small  proportion  or
 8    products  that  historically  have  not  been  considered  by
 9    consumers  as products of the meat food industry and that are
10    exempted from definition  as  a  meat  food  product  by  the
11    Director  under such conditions as the Director may prescribe
12    to assure that the meat or other  portions  of  such  carcass
13    contained  in  such product are not adulterated and that such
14    products are not represented as meat  food  products.    This
15    term  shall  be  as applied to food products of all "animals"
16    and "poultry" as defined in this Section equines or  domestic
17    deer shall have a meaning comparable to that provided in this
18    definition with respect to cattle, sheep, swine, and goats.
19        "Misbranded"  means  any  carcass,  part thereof, meat or
20    meat food product, or poultry or poultry food product if:
21             (1)  its labeling is  false  or  misleading  in  any
22        particular;
23             (2)  it  is  offered  for  sale  under  the  name of
24        another food;
25             (3)  it is an imitation of another food, unless  its
26        label  bears, in type of uniform size and prominence, the
27        word "imitation" followed immediately by the name of  the
28        food imitated;
29             (4)  its  container is made, formed, or filled so as
30        to be misleading;
31             (5)  it does not bear a label showing (i)  the  name
32        and  place  of  business  of the manufacturer, packer, or
33        distributor  and  (ii)  an  accurate  statement  of   the
34        quantity  of the contents in terms of weight, measure, or
 
                            -7-      LRB093 03536 LRD 03565 b
 1        numerical count; however, reasonable variations  in  such
 2        statement of quantity may be permitted;
 3             (6)  any   word,  statement,  or  other  information
 4        required by or under authority of this Act to  appear  on
 5        the  label  or  other  labeling is not prominently placed
 6        thereon with such conspicuousness as compared with  other
 7        words,  statements,  designs,  or devices in the labeling
 8        and in such terms as to make the label likely to be  read
 9        and  understood  by  the  general  public under customary
10        conditions of purchase and use;
11             (7)  it purports to be or is represented as  a  food
12        for  which  a  definition  and  standard  of  identity or
13        composition is prescribed in Sections 13 and 16  of  this
14        Act  unless  (i)  it  conforms  to  such  definition  and
15        standard  and  (ii)  its label bears the name of the food
16        specified in the definition and standard and, as required
17        by  such  regulations,  the  common  names  of   optional
18        ingredients  other  than  spices and flavoring present in
19        such food;
20             (8)  it purports to be or is represented as  a  food
21        for  which  a standard of fill of container is prescribed
22        in Section  13  of  this  Act  and  it  falls  below  the
23        applicable  standard  of  fill  of  container  applicable
24        thereto,  unless its label bears, in such manner and form
25        as such regulations specify, a statement  that  it  falls
26        below such standard;
27             (9)  it   is   not  subject  to  the  provisions  of
28        paragraph (7), unless its label bears (i) the  common  or
29        usual  name  of  the  food,  if  any,  and  (ii) if it is
30        fabricated from 2 or  more  ingredients,  the  common  or
31        usual  name  of  each  ingredient, except that spices and
32        flavorings  may,  when   authorized   by   standards   or
33        regulations  adopted in or as provided by Sections 13 and
34        16 of this Act, be designated as  spices  and  flavorings
 
                            -8-      LRB093 03536 LRD 03565 b
 1        without naming each;
 2             (10)  it  purports  to  be  or  is  represented  for
 3        special   dietary  uses,  unless  its  label  bears  such
 4        information concerning its vitamin,  mineral,  and  other
 5        dietary  properties  as  determined  by  the Secretary of
 6        Agriculture of the United States in order to fully inform
 7        purchasers as to its value for such uses;
 8             (11)  it bears or contains any artificial flavoring,
 9        artificial coloring, or chemical preservative, unless  it
10        bears labeling stating that fact or is exempt; or
11             (12)  it  fails  to bear, directly thereon or on its
12        container, the inspection legend and unrestricted by  any
13        of  the  foregoing  provisions, such other information as
14        necessary to assure  that  it  will  not  have  false  or
15        misleading  labeling and that the public will be informed
16        of the  manner  of  handling  required  to  maintain  the
17        article in a wholesome condition.
18        "Official  mark of inspection" means the official mark of
19    inspection used to identify the status of any meat product or
20    poultry product or animal under this Act  as  established  by
21    rule.
22        Prior   to  the  manufacture,  a  complete  and  accurate
23    description and  design  of  all  the  brands,  legends,  and
24    symbols shall be submitted to the Director for approval as to
25    compliance  with  this  Act.  Each brand or symbol that bears
26    the official mark shall be delivered into the custody of  the
27    inspector  in  charge  of the establishment and shall be used
28    only under the supervision of a  Department  employee.   When
29    not  in use, all such brands and symbols bearing the official
30    mark of inspection shall be secured in  a  locked  locker  or
31    compartment, the keys of which shall not leave the possession
32    of Department employees.
33        "Official   mark   of   inspection"  means  the  official
34    inspection legend or symbol used to identify  the  status  of
 
                            -9-      LRB093 03536 LRD 03565 b
 1    any meat product or poultry product or animal under this Act.
 2        "Brand"  means the official mark of inspection applied to
 3    a meat product or  poultry  product  showing  that  the  meat
 4    product  or  poultry  product  was  inspected  and  passed in
 5    accordance with this Act.
 6        "Legend" means the official mark of  inspection  used  on
 7    labels, packages, and products showing that a meat product or
 8    poultry  product  was inspected and passed in accordance with
 9    this Act.
10        "Symbol" means the official mark of  inspection  used  to
11    identify retained, condemned, or suspect animals or carcasses
12    as defined in this Section.
13        "Processor"  means  any person, firm, or corporation that
14    sells,  cuts  up,  processes,  packages,  wraps,  stores,  or
15    freezes meat or poultry products, including any  location  or
16    establishment  containing  any  of  the following facilities:
17    processing room, chill  room,  storage  room,  sharp-freezing
18    facilities,   or  equipment  used  in  conjunction  therewith
19    engaged in the business of preparing animal  food,  including
20    poultry,  derived wholly or in part from livestock or poultry
21    carcasses or parts or products of such carcasses. "Processor"
22    does not include a person, firm, or corporation conducting an
23    operation in relation to meat or poultry products  consisting
24    only  of the selling or storing of chilled or frozen products
25    in their original containers without changing  the  character
26    of the products in any way.
27        "Official   establishment"  means  any  establishment  as
28    determined  by  the  Director  at  which  inspection  of  the
29    slaughter of livestock  or  poultry  or  the  preparation  of
30    livestock  products  or  poultry products is maintained under
31    the authority of this Act.
32        "Official mark of inspection" means the official mark  of
33    inspection used to identify the status of any meat product or
34    poultry  product  or  animal under this Act as established by
 
                            -10-     LRB093 03536 LRD 03565 b
 1    rule.
 2        Prior  to  the  manufacture,  a  complete  and   accurate
 3    description  and  design  of  all  the  brands,  legends, and
 4    symbols shall be submitted to the Director for approval as to
 5    compliance with this Act.  Each brand or  symbol  that  bears
 6    the  official mark shall be delivered into the custody of the
 7    inspector in charge of the establishment and  shall  be  used
 8    only  under  the  supervision of a Department employee.  When
 9    not in use, all such brands and symbols bearing the  official
10    mark  of  inspection  shall  be secured in a locked locker or
11    compartment, the keys of which shall not leave the possession
12    of Department employees.
13        "Person" means any individual or entity,  including,  but
14    not   limited   to,   a   sole  proprietorship,  partnership,
15    corporation,  cooperative,  association,  limited   liability
16    company, estate, or trust.
17        "Pesticide  chemical", "food additive", "color additive",
18    and "raw agricultural commodity" have the same  meanings  for
19    purposes  of  this  Act  as under the federal Food, Drug, and
20    Cosmetic Act.
21        "Poultry" means domesticated birds or rabbits,  or  both,
22    dead or alive, capable of being used for human food.
23        "Poultry  products"  means  the  carcasses  or  parts  of
24    carcasses of poultry produced entirely or in substantial part
25    from such poultry, including but not limited to such products
26    cooked, pressed, smoked, dried, pickled, frozen, or similarly
27    processed.
28        "Poultry  Products Inspection Act" means the Act approved
29    August 28, 1957 (71 Stat. 441), as now or  hereafter  amended
30    by  the  Wholesome  Poultry Products Act, approved August 18,
31    1968 (82 Stat. 791), as now or hereafter amended.
32        "Poultry Raiser" means any  person  who  raises  poultry,
33    including  rabbits,  on  his  or her own farm or premises who
34    does not qualify as a producer as defined under this Act.
 
                            -11-     LRB093 03536 LRD 03565 b
 1        "Processor" means any person engaged in the  business  of
 2    preparing  animal  food, including poultry, derived wholly or
 3    in part from livestock  or  poultry  carcasses  or  parts  or
 4    products of such carcasses.
 5        "Shipping container" means any container used or intended
 6    for  use  in  packaging  the  product  packed in an immediate
 7    container.
 8        "Slaughterer" means an establishment where any or all  of
 9    the  following  may  be  performed on animals or poultry: (i)
10    stunning; (ii) bleeding; (iii)  defeathering,  dehairing,  or
11    skinning;  (iv)  eviscerating; or (v) preparing carcasses for
12    chilling.
13        "State inspection" means the meat and poultry  inspection
14    service  conducted  by  the  Department of Agriculture of the
15    State of Illinois by the authority of this Act.
16    (Source: P.A. 91-170, eff. 1-1-00.)

17        (225 ILCS 650/3) (from Ch. 56 1/2, par. 303)
18        Sec. 3.  Licenses.
19        (a)  No person shall operate an establishment as  defined
20    in  Section  2  or  act  as  a broker as defined in Section 2
21    without first securing a license from the  Department  except
22    as otherwise exempted.
23        (b)  The  following  annual  fees  shall  accompany  each
24    license  application for the license year from July 1 to June
25    30 or any part thereof.  These fees are non-refundable.
26             Meatbroker,    Poultry    broker   or     Meat   and
27        Poultry broker ......................................$50
28             Type  I  Establishment - Processor,  Slaughterer, or
29        Processor and Slaughterer of Meat, Poultry  or  Meat  and
30        Poultry ..............................................$50
31             Type  II  Establishment  - (Custom Only, No Amenable
32        Product  Sales  Permitted)  Processor,  Slaughterer,   or
33        Processor  and  Slaughterer  of Meat, Poultry or Meat and
 
                            -12-     LRB093 03536 LRD 03565 b
 1        Poultry ..............................................$50
 2    Application for licenses shall be made to the  Department  in
 3    writing on forms prescribed by the Department.
 4        (c)  The  license  issued  shall  be  in such form as the
 5    Department  prescribes,  shall  be  under  the  seal  of  the
 6    Department and shall contain the name of  the  licensee,  the
 7    location  for  which  the  license  is  issued,  the  type of
 8    operation,  the  period  of  the  license,  and  such   other
 9    information  as  the Department requires.  The licensee shall
10    notify the Department, in writing, of any change  of  address
11    or  any  other  change  in  the required information within 5
12    working days  of  the  change.  The  original  license  or  a
13    certified  copy of it shall be conspicuously displayed by the
14    licensee in the establishment.
15        (c-5)  Recognition is  hereby  extended  to  the  various
16    municipal  inspection  departments  now in existence or which
17    may  be  inaugurated  within   this   State.   However,   any
18    establishment that is inspected by the Illinois Department of
19    Agriculture or the United States Department of Agriculture is
20    exempt   from   any   inspection   system  established  by  a
21    municipality, and an establishment that is required to obtain
22    a license or grant of inspection from the Illinois Department
23    of Agriculture or the United States Department of Agriculture
24    as prescribed in this Act  shall  be  exempt  from  licensing
25    requirements of a municipality.
26        (d)  Failure  to  meet  all of the conditions to retain a
27    license may result in a denial of a  renewal  of  a  license.
28    The licensee may request an administrative hearing to dispute
29    the  denial  of renewal, after which the Director shall enter
30    an order either renewing or refusing to renew the license.
31        (e)  A penalty  of  $50  shall  be  assessed  if  renewal
32    license applications are not received by July 1 of each year.
33    (Source: P.A. 90-655, eff. 7-30-98; 91-170, eff. 1-1-00.)
 
                            -13-     LRB093 03536 LRD 03565 b
 1        (225 ILCS 650/5) (from Ch. 56 1/2, par. 305)
 2        Sec.  5.   Exemptions - Producers, Retailers, and Poultry
 3    Raisers.
 4        The following types of establishments are exempt from the
 5    specific provisions of this Act:
 6        (A)  A "producer" means any person engaged  in  producing
 7    agricultural  products,  for personal or family use, on whose
 8    farm the number of animals or poultry is in keeping with  the
 9    size  of  the  farm  or  with  the volume or character of the
10    agricultural products produced thereon, but does not mean any
11    person engaged in producing agricultural products who:
12             (1)1.  actively engages in buying or trading animals
13        or poultry or both; or
14             (2)2.  actively engages directly  or  indirectly  in
15        conducting  a  business  which  includes the slaughter of
16        animals or poultry or both, for human food purposes; or
17             (3)3.  actively engages, directly or indirectly,  in
18        canning,  curing,  pickling,  freezing,  salting  meat or
19        poultry, or in preparing meat  or  poultry  products  for
20        sale; or
21             (4)4.  slaughters or permits any person to slaughter
22        on  his or their farm animals or poultry not owned by the
23        producer for more than 30 days; or.
24             (5)  slaughters, or permits a producer to slaughter,
25        on his or her farm, any animals or poultry owned  by  the
26        person for the personal or family use of the person.
27        (A-5)(Blank).  Retail  dealers  or  retail  butchers with
28    respect  to  meat  or  poultry  products  sold  directly   to
29    consumers   in   retail   stores;  provided,  that  the  only
30    processing operation performed  by  such  retail  dealers  or
31    retail butchers is the cutting up of meat or poultry products
32    which  have  been  inspected under the provisions of this Act
33    and is incidental to the operation of the retail food store.
34        (B)  Poultry raisers with respect to  poultry  raised  on
 
                            -14-     LRB093 03536 LRD 03565 b
 1    their own farms or premises if:
 2        (a)  if  such  raisers  slaughter, eviscerate, or further
 3    process not more than 5,000 poultry during the calendar  year
 4    for which this exemption is being granted;
 5        (b)  such  poultry  raisers  do  not  engage in buying or
 6    selling poultry  products  other  than  those  produced  from
 7    poultry raised on their own farms or premises;
 8        (c)  such  poultry  or  poultry products are slaughtered,
 9    otherwise prepared, sold or delivered to the consumer  on  or
10    from the premises for which the exemption is given.; (d) such
11        Such  slaughter  or  preparation  shall  be  performed in
12    sanitary facilities, in a sanitary  manner,  and  subject  to
13    periodic inspection by Department personnel.; (e) persons
14        Persons  desiring such exemptions shall submit in writing
15    a  request  to  the  Department.   The  exemption  shall   be
16    effective  upon  written notice from the Department and shall
17    remain in effect for a period of  2  years,  unless  revoked.
18    Adequate  records  must be maintained to assure that not more
19    than the  number  of  exempted  poultry  are  slaughtered  or
20    processed  in  one calendar year.  Such records shall be kept
21    for one year following the  termination  of  each  exemption.
22    Any  advertisement  regarding  the  exempt poultry or poultry
23    products shall reflect the fact of exemption  so  as  not  to
24    mislead  the consumer to presume official inspection has been
25    made under the Meat and Poultry Inspection Act.
26        (C)  Retail dealers or retail butchers  with  respect  to
27    meat or poultry products sold directly to consumers in retail
28    stores,   provided,   that   the  only  processing  operation
29    performed by such retail dealers or retail  butchers  is  the
30    cutting  up  of  meat  or  poultry  products  that  have been
31    inspected under the provisions of this Act and is  incidental
32    to the operation of the retail food store.
33    (Source:  P.A.  91-170,  eff.  1-1-00;  91-614,  eff. 1-1-00;
34    92-16, eff. 6-28-01.)
 
                            -15-     LRB093 03536 LRD 03565 b
 1        (225 ILCS 650/5.1)
 2        Sec. 5.1.  Type I licenses.
 3        (a)  A Type I establishment licensed under this  Act  who
 4    sells  or  offers  for  sale meat, meat product, poultry, and
 5    poultry product shall, except as otherwise provided:
 6             (1)  Be permitted to  receive  meat,  meat  product,
 7        poultry,  and  poultry  product  for cutting, processing,
 8        preparing, packing, wrapping, chilling,  freezing,  sharp
 9        freezing,  or  storing,  provided  the  product  has been
10        produced under inspection and bears the official mark  of
11        inspection  of  the Illinois Department of Agriculture or
12        the United States Department of Agriculture. it bears  an
13        official   mark  of  State  of  Illinois  or  of  Federal
14        Inspection.
15             (2)  Be  permitted  to  receive  live  animals   and
16        poultry  for  slaughter, provided all animals and poultry
17        are properly presented for  prescribed  inspection  to  a
18        Department employee.
19             (3)  May  accept  meat,  meat  product, poultry, and
20        poultry product for sharp freezing  or  storage  provided
21        that the product is inspected product.
22        (b)  Before    being   granted   or   renewing   official
23    inspection, an establishment must develop written  sanitation
24    Standard Operating Procedures as required by 8 Ill. Adm. Code
25    125.141.
26        (c)  Before   being   granted   official  inspection,  an
27    establishment must conduct a hazard analysis and develop  and
28    validate  an  a  Hazard  Analysis and Critical Control Points
29    HACCP plan as required  by  8  Ill.  Adm.  Code  125.142.   A
30    conditional  grant of inspection shall be issued for a period
31    not to exceed 90 days, during which period the  establishment
32    must validate its HACCP plan.
33        (d)  (Blank).   Any   establishment  licensed  under  the
34    authority of this Act that receives wild game carcasses shall
 
                            -16-     LRB093 03536 LRD 03565 b
 1    comply with the following requirements  regarding  wild  game
 2    carcasses:
 3             (1)  Wild  game  carcasses shall be dressed prior to
 4        entering the processing  or  refrigerated  areas  of  the
 5        licensed establishment.
 6             (2)  Wild  game carcasses stored in the refrigerated
 7        area of the licensed establishment shall be kept separate
 8        and apart from inspected products.
 9             (3)  A  written  request  shall  be  made   to   the
10        Department on an annual basis if a licensed establishment
11        is  suspending  operations  regarding an amenable product
12        due to handling of wild game carcasses.
13             (4)  A written  procedure  for  handling  wild  game
14        shall be approved by the Department.
15             (5)  All  equipment  used that comes in contact with
16        wild game shall be thoroughly cleaned and sanitized prior
17        to use on animal or poultry carcasses.
18    (Source: P.A. 91-170, eff. 1-1-00.)

19        (225 ILCS 650/5.3 new)
20        Sec. 5.3  Wild Game.  Any  establishment  licensed  under
21    the  authority  of this Act that receives wild game carcasses
22    shall comply with the following requirements  regarding  wild
23    game carcasses:
24             (1)  Wild  game  carcasses shall be dressed prior to
25        entering the processing  or  refrigerated  areas  of  the
26        licensed establishment.
27             (2)  Wild  game carcasses stored in the refrigerated
28        area of the licensed establishment shall be kept separate
29        and apart from inspected products.
30             (3)  A  written  request  shall  be  made   to   the
31        Department on an annual basis if a licensed establishment
32        is  suspending  operations  regarding an amenable product
33        due to handling of wild game carcasses.
 
                            -17-     LRB093 03536 LRD 03565 b
 1             (4)  A written  procedure  for  handling  wild  game
 2        shall be approved by the Department.
 3             (5)  All  equipment  used that comes in contact with
 4        wild game shall be thoroughly cleaned and sanitized prior
 5        to use on animal or poultry carcasses.

 6        (225 ILCS 650/7) (from Ch. 56 1/2, par. 307)
 7        Sec. 7.  Administration. The Director of  the  Department
 8    of Agriculture shall administer this Act. For the purposes of
 9    this  Act,  the Director may employ graduates of a veterinary
10    college  recognized  by  the  American   Veterinary   Medical
11    Association  and  other  persons  who  have qualified and are
12    skilled in the inspection of meat and  poultry  products  and
13    any  other  additional employee, and he or she may utilize in
14    the enforcement of this Act any employee, agent or  equipment
15    of  the  Department.  The  Director  and  any employee of the
16    Department, in the performance of his  or  her  duties  under
17    this  Act,  is  authorized  to  call  upon sheriffs and their
18    deputies, police officers, mayors of  cities,  and  city  and
19    town  marshals,  to  assist  him  or  her in carrying out the
20    provisions of this Act, and  it  is  the  duty  of  all  such
21    officers to assist in carrying out the provisions of this Act
22    when called upon to do so.  The Director and any employees of
23    the  Department shall have, while engaged in carrying out the
24    provisions of this Act, the same protection  as  other  peace
25    officers.  Beginning  January  1,  2000,  the  Director shall
26    increase the  number  of  inspectors  and  veterinarians  the
27    Director employs for the purposes of this Act by 10% per year
28    for the next 5 years, subject to available appropriations.
29        The  Department  may  establish  and  maintain laboratory
30    facilities as necessary to administer this Act.
31    (Source: P.A. 91-170, eff. 1-1-00.)

32        (225 ILCS 650/12) (from Ch. 56 1/2, par. 312)
 
                            -18-     LRB093 03536 LRD 03565 b
 1        Sec. 12. Preparation and Handling.
 2        (a)  All meat or poultry products in channels  of  trade,
 3    whether  fresh,  frozen, smoked, cured, pickled, or otherwise
 4    prepared even though previously inspected and  passed,  shall
 5    be subject to reinspection by inspectors of the Department as
 6    often  as  may be necessary to determine whether such meat or
 7    poultry product  is  maintained  in  a  healthful,  wholesome
 8    condition  and  fit  for  human food.  If, upon reinspection,
 9    any meat or poultry product is found to have become  unsound,
10    unhealthy,  unwholesome or in any way unfit for human food it
11    shall be condemned;  provided,  that  when  meat  or  poultry
12    products   are  found  to  be  affected  by  any  unsound  or
13    unwholesome condition that can be satisfactorily  removed  by
14    methods  approved  by  the  Director,  such  meat  or poultry
15    product may be so reconditioned under  the  direction  of  an
16    inspector.   If,  upon  final inspection, the meat or poultry
17    product is found to be  sound  and  wholesome,  it  shall  be
18    approved for human food; otherwise, it shall be condemned, or
19    otherwise handled in a manner prescribed by the Director.
20        (b)  The  Director may limit the entry of meat or poultry
21    products and other materials into any establishment at  which
22    inspection   under   this   Act  is  maintained,  under  such
23    conditions as he may prescribe to assure  that  allowing  the
24    entry  of  such  articles  into such inspected establishments
25    will be consistent with the purposes of this Act.
26        (c)  The Director shall provide for such inspections,  by
27    experts  in  sanitation or other competent inspectors, of all
28    slaughtering, meat-canning, salting, packing,  rendering,  or
29    similar  establishments  in  which "animals" or "poultry", as
30    defined in Section 2, cattle, sheep, swine, poultry, or goats
31    are  slaughtered  and  the  meat  or  poultry  products   are
32    prepared,  as  may  be necessary to inform himself concerning
33    the  sanitary  condition  of  such  establishments,  and   to
34    prescribe the rules and regulations of sanitation under which
 
                            -19-     LRB093 03536 LRD 03565 b
 1    such  establishments shall be maintained.  Where the sanitary
 2    conditions of any such establishment are such that  the  meat
 3    or  poultry  products  are rendered adulterated, the Director
 4    shall refuse to allow the meat  or  poultry  products  to  be
 5    labeled,  marked,  stamped,  or tagged as "Illinois Inspected
 6    and Passed".
 7        (d)  The  Director  has   the   authority   to   regulate
 8    conditions  of  storage  and  handling  of  meat  or  poultry
 9    products,  and  other materials in any establishment licensed
10    under this Act.
11        (e) (Blank).  Fish or game stored  or  otherwise  handled
12    shall  be  stored  or handled in conformity with the Fish and
13    Aquatic Life Code and the Wildlife Code, and with  the  rules
14    and regulations of the Department of Natural Resources.
15    (Source: P.A. 89-445, eff. 2-7-96.)

16        (225 ILCS 650/13) (from Ch. 56 1/2, par. 313)
17        Sec.   13.    Official  Inspection  Legend,  Marking  and
18    Labeling.
19        (A) (a)  An official establishment shall furnish such ink
20    brands, burning  brands, and like devices  for  marking  meat
21    products or poultry products.
22        (b)  Prior  to  the  manufacture, a complete and accurate
23    description and  design  of  all  the  brands,  legends,  and
24    symbols shall be submitted to the Director for approval as to
25    compliance  with  this  Act.  Each brand or symbol that bears
26    the official mark shall be delivered into the custody of  the
27    inspector  in  charge  of the establishment and shall be used
28    only under the supervision of a  Department  employee.   When
29    not  in use, all such brands and symbols bearing the official
30    mark of inspection shall be secured in  a  locked  locker  or
31    compartment, the keys of which shall not leave the possession
32    of Department employees.
33        (c)  All  brands  and  legends,  other  than hot brand or
 
                            -20-     LRB093 03536 LRD 03565 b
 1    brand for American bison (buffalo), catalo, cattalo, domestic
 2    deer, domestic elk, domestic antelope, domestic reindeer,  or
 3    water  buffalo  shall be a reproduction of the outline of the
 4    State of Illinois.
 5        (d)  Inspection  brands  shall  be  approximately  1  1/8
 6    inches  wide  by  2  inches  long  with  the  exception  that
 7    inspection brands approximately 3/4  inches  wide  by  1  3/8
 8    inches  long may be used on sheep carcasses, loin and ribs of
 9    pork, and smaller varieties of sausage and meat food products
10    in animal casings.
11        (e)  The hot  brand,  which  is  a  brand  used  on  beef
12    tongues, beef livers, and beef hearts shall be oval in shape,
13    measuring 1 1/4 inches wide and 1 3/4 inches long.
14        (f)  The  brand  to be used for American bison (buffalo),
15    catalo,  cattalo,  domestic  deer,  domestic  elk,   domestic
16    antelope,  domestic  reindeer, or water buffalo carcasses, or
17    parts therefrom, shall be in the shape of a triangle with the
18    following information:
19             (1)  The establishment  number  shall  appear  on  a
20        separate line and at the top of the brand.
21             (2)  "ILLINOIS"  shall appear on the next line below
22        the establishment number.
23             (3)  "INSP'D&P'S'D" shall appear at  the  bottom  of
24        the brand and be arranged in a semicircle.
25        (g)  Inspection  legends  used  on labels, packaging, and
26    products are not limited as to size, except that  they  shall
27    be  large enough to be clearly legible and meet the following
28    specifications.
29             (1)  The establishment  number  shall  appear  on  a
30        separate line and at the top of the legend.
31             (2)  "ILLINOIS"  shall appear on the next line below
32        the establishment number.
33             (3)  "DEPT. OF AGR." shall appear on the third line.
34             (4)  "INSP'D&" shall appear on the fourth line.
 
                            -21-     LRB093 03536 LRD 03565 b
 1             (5)  "P'S'D" shall appear on the fifth line.
 2             (6)  The establishment number  of  "ILLINOIS"  shall
 3        appear  in  type  approximately  twice  the height of the
 4        other lettering in the legend.
 5             (7)  The other lettering  in  the  legend  shall  be
 6        approximately  3/5  the  width  of  the type used for the
 7        establishment number and "ILLINOIS."
 8             (8)  The border of the State outline shall be of the
 9        same boldness as the width type used for "ILLINOIS."
10             (9)  "P" shall precede the establishment  number  on
11        the  legend  for  establishments  dressing  or processing
12        poultry and or rabbits only.
13        (B)(a)  It is unlawful for any person except employees of
14    the United States Department of Agriculture,  the  Department
15    or  an authorized municipal inspection department to possess,
16    use, or keep an inspection stamp, mark, or brand provided  or
17    used   for   stamping,   marking,   branding,   or  otherwise
18    identifying carcasses of meat  or  poultry  products,  or  to
19    possess,  use or keep any stamp, mark or brand having thereon
20    a device, words, or insignia the same or similar in character
21    or import to the stamps, marks, or brands provided or used by
22    the  United  States  Department  of  Agriculture,  the  State
23    Department  of  Agriculture   or   any   approved   municipal
24    inspection  department  for  stamping,  marking,  branding or
25    otherwise identifying the carcasses of  meat  or  poultry  or
26    meat and poultry products or parts thereof intended for human
27    food.
28        (b)  When  any  meat  or meat food product which has been
29    inspected as  provided  in  this  Act  and  marked  "Illinois
30    Inspected  and  Passed"  is  placed or packed in an immediate
31    container in any establishment where  inspection  under  this
32    Act is maintained, the person, firm, or corporation preparing
33    the product shall attach a label as required to the immediate
34    container  under supervision of an inspector. The label shall
 
                            -22-     LRB093 03536 LRD 03565 b
 1    state that the contents have  been  "Illinois  Inspected  and
 2    Passed"  under this Act, and no inspection and examination of
 3    meat or  meat  food  products  or  poultry  or  poultry  food
 4    products  deposited  or enclosed in an immediate container in
 5    any  establishment  where  inspection  under  this   Act   is
 6    maintained  is  complete until the meat or meat food products
 7    or poultry or poultry  food  products  have  been  sealed  or
 8    enclosed  in  an immediate container under the supervision of
 9    an inspector. At minimum, all amenable products derived  from
10    inspected  meat, meat food products, poultry, or poultry food
11    products shall  bear  a  mark  with  an  establishment  name,
12    owner/customer name, and handling statement.
13        (c)  All  carcasses,  parts of carcasses, meat, meat food
14    products, poultry, or poultry food products inspected at  any
15    establishment under the authority of this Act and found to be
16    not   adulterated   shall   at   the   time  they  leave  the
17    establishment  bear  in  distinctly  legible  form,  directly
18    thereon or on their containers, as the Director may  require,
19    the information required under Section 2.20 of this Act.
20        (d)  The styles and sizes of type to be used with respect
21    to  material required to be incorporated in labeling to avoid
22    misbranding, false or misleading  labeling  of  any  articles
23    subject to this Act, definitions and standards of identity or
24    composition  for  articles subject to this Act, and standards
25    of fill of containers for the articles shall be the standards
26    as established under the Federal Food, Drug, and Cosmetic Act
27    or the Federal Meat Inspection Act.
28        (e)  No article subject to this  Act  shall  be  sold  or
29    offered  for  sale  by any person, firm, or corporation under
30    any name or other marking  or  labeling  which  is  false  or
31    misleading, or in any container of a misleading form or size.
32    Established  product names and other marking and labeling and
33    containers which are not false or misleading  and  which  are
34    approved by the Director are permitted.
 
                            -23-     LRB093 03536 LRD 03565 b
 1        (f)  If  the  Director  has  reason  to  believe that any
 2    marking or labeling or the size or form of any  container  in
 3    use  or  proposed for use with respect to any article subject
 4    to this Act is false or misleading in any particular, he  may
 5    direct that the use be withheld unless the marking, labeling,
 6    or  container  is modified in a manner as he may prescribe so
 7    that it will not be false or misleading. If the person, firm,
 8    or  corporation  using  or  proposing  to  use  the  marking,
 9    labeling, or container does not accept the  determination  of
10    the  Director, the person, firm, or corporation may request a
11    hearing, but the use of the marking, labeling,  or  container
12    shall,  if  the  Director  so  directs,  be  withheld pending
13    hearing  and  final  determination  by  the   Director.   Any
14    determination  by  the  Director  shall  be conclusive unless
15    within  30  days  after  receipt  of  notice  of  the   final
16    determination,  the  person,  firm,  or corporation adversely
17    affected appeals to the appropriate authority.
18        (g)  No person, firm, or corporation shall advertise  for
19    sale,  solicit,  offer  to sell or sell meats or frozen foods
20    intended for  storage  in  locker  boxes,  home  freezers  or
21    freezer  units  by  newspapers,  handbills,  placards, radio,
22    television or other medium unless the advertising is truthful
23    and accurate. The advertising  shall  not  be  misleading  or
24    deceiving  in  respect to grade, quality, quantity, price per
25    pound  or  piece,  or  in  any  other   manner.   For   grade
26    determination  of meats, the grades shall conform with United
27    States Department of Agriculture  standards  for  designating
28    meat grades and the standards of this Act.
29        No  person  advertising, offering for sale or selling any
30    carcasses or parts thereof or food plan shall engage  in  any
31    misleading or deceptive practices and particularly including,
32    but not limited to, the following:
33             (1)  Bait selling.
34                  (A)  Disparage    or    degrade   any   product
 
                            -24-     LRB093 03536 LRD 03565 b
 1             advertised or offered for sale  by  the  seller,  or
 2             display  any  product  or  depiction  thereof to any
 3             buyer in order to induce  the  purchase  of  another
 4             product,  or  represent  that  a product is for sale
 5             when the representation is used  primarily  to  sell
 6             another product.
 7                  (B)  Substitute any product for that ordered by
 8             the buyer without the buyer's consent.
 9                  (C)  Fail   to   have  available  a  sufficient
10             quantity of any product  represented  as  being  for
11             sale to meet reasonably anticipated demands.
12             (2)  Price representation.
13                  (A)  Use any price list related to the seller's
14             food  plan  that  contains  prices  other  than  the
15             seller's current billing prices.
16                  (B)  Misrepresent  the amount of money that the
17             buyer will save on purchases of  any  products  that
18             are not of the same grade or quality.
19                  (C)  Fail  to  disclose fully and conspicuously
20             in at least 10 point type any  charge  for  cutting,
21             wrapping, freezing, delivery or other services.
22                  (D)  Represent the price of any meat product to
23             be  offered for sale in bundles in units larger than
24             one pound in terms other than price per single pound
25             for meat products in at least 10 point  type  except
26             when the advertisement or offer for sale pertains to
27             containers  of  meat  products weighing 15 pounds or
28             less.
29             (3)  Product Representation.
30                  (A)  Misrepresent  the  cut,  grade,  brand  or
31             trade name, or weight or measure of any product.
32                  (B)  Use the abbreviation "U.S." in  describing
33             a product not graded by the United States Department
34             of Agriculture, except that product may be described
 
                            -25-     LRB093 03536 LRD 03565 b
 1             as "U.S. Inspected" when true.
 2                  (C)  Misrepresent  a product through the use of
 3             any term similar to a government grade.
 4                  (D)  (Blank).
 5                  (E)  Advertise   or   offer   for   sale    any
 6             combinations  of  parts  of  carcasses with one unit
 7             price, except when the advertisement  or  offer  for
 8             sale  pertains  to  combinations  consisting only of
 9             poultry or poultry products.
10                  (F)  Fail to disclose fully  and  conspicuously
11             the  correct government grade for any product if the
12             product is represented as having been graded.
13                  (G)  Fail to disclose fully  and  conspicuously
14             that  the  yield of consumable meat from any carcass
15             or part of a carcass will be less than the weight of
16             the carcass or part thereof.  The seller shall,  for
17             each  carcass  or  part  of  carcass advertised, use
18             separately and distinctly  (in  at  least  10  point
19             type)   the  following  disclosure:   "Sold  hanging
20             weight subject to cutting loss".
21                  (H)  Misrepresent the amount or  proportion  of
22             retail  cuts  that a carcass or part of carcass will
23             yield.
24                  (I)  (Blank).
25                  (J)  Fail to disclose fully  and  conspicuously
26             whether  a quarter of a carcass is the front or hind
27             quarter, and "quarters" or "sides" or "halves"  must
28             consist  of only anatomically natural proportions of
29             cuts from front or hind  quarters.   A  "pre-trimmed
30             side",   "packer-trimmed   side"   or  similar  term
31             describing  part  of  a   carcass   shall   not   be
32             represented  as  a  side or quarter of beef, and the
33             descriptions shall not be  used  for  comparison  to
34             induce the sale of the product.
 
                            -26-     LRB093 03536 LRD 03565 b
 1                  (K)  Represent  any  part  of  a  carcass  as a
 2             "half" or "side" unless it consists exclusively of a
 3             front and hind quarter.  Both quarters must be  from
 4             the  same  side of the same animal unless the seller
 5             discloses fully and conspicuously that they are from
 6             different sides or different animals as the case may
 7             be.  Each quarter shall be  of  the  same  grade  or
 8             quality as the other quarters comprising the half or
 9             side  and  the  seller shall advise the buyer of the
10             weight of each quarter prior to sale.    In  selling
11             quarters  individually or as part of a half or side,
12             if  actual  weights  are  not  known  or  cannot  be
13             determined prior to sale, approximate weights may be
14             used,  provided  the  buyer  is  informed  that  the
15             weights  are  approximate,  the   weights   are   so
16             identified  on  any  purchase order or contract, and
17             the seller agrees with the  buyer,  in  writing,  to
18             make a cash refund or grant a credit on delivery for
19             the   difference   between  actual  weight  and  the
20             approximate weight on which the sale was made.
21                  (L)  Use the words, "bundle",  "sample  order",
22             "split side", or words of similar import to describe
23             a  quantity  of  meat  or  poultry unless the seller
24             itemizes each cut and the weight thereof  which  the
25             buyer will receive.
26                  (M)  Advertise  or  offer  free,  bonus,  extra
27             product,  or service combined with or conditioned on
28             the purchase of any other product or service  unless
29             the  additional  product  or  service  is accurately
30             described including, whenever applicable, grade, net
31             weight or measure, type, and brand  or  trade  name.
32             The words "free", "bonus", or other words of similar
33             import shall not be used in any advertisement unless
34             the  advertisement  clearly  and  conspicuously sets
 
                            -27-     LRB093 03536 LRD 03565 b
 1             forth the total price or amount that must be paid to
 2             entitle the  buyer  to  the  additional  product  or
 3             service.
 4                  (N)  Misrepresent the breed, origin, or diet of
 5             slaughtered  animals  or  parts  thereof offered for
 6             sale.   Sellers  making  these  claims  shall   have
 7             written records available to substantiate the fact.
 8    (Source: P.A. 91-170, eff. 1-1-00.)

 9        (225 ILCS 650/14) (from Ch. 56 1/2, par. 314)
10        Sec.  14. Access to premises. No person shall deny access
11    to any authorized personnel upon the presentation  of  proper
12    identification  at  any  reasonable  time  to establishments,
13    broker  facilities,  warehouses  or  vehicles  used  in   the
14    transportation  of  meat and poultry or products thereof  and
15    to all parts of such premises  for  the  purposes  of  making
16    inspections, examination of records, inventories, copying and
17    sampling under this Act.
18        Samples    of    products,    water,    dye,   chemicals,
19    preservatives, spices, or other articles in any  official  or
20    exempted establishment shall be taken for examination without
21    cost  to  the  Department as often as necessary for efficient
22    inspection.
23    (Source: P.A. 91-170, eff. 1-1-00.)

24        (225 ILCS 650/18.01 new)
25        Sec.  18.01.   State's  Attorney;  prosecutions;  notice;
26    minor violations.  Each State's Attorney to whom the Director
27    reports any violations of this Act  shall  cause  appropriate
28    proceedings  to  be  instituted  in the proper courts without
29    delay and to be prosecuted in the  manner  provided  by  law.
30    Before  any  violation of this Act by a person licensed under
31    this  Act  is  reported  to  any  State's  Attorney  for  the
32    institution of a criminal proceeding,  the  licensee  against
 
                            -28-     LRB093 03536 LRD 03565 b
 1    whom   such   proceeding   is  contemplated  shall  be  given
 2    appropriate notice and an opportunity to present his  or  her
 3    views  before  the  Director  or his or her designated agent,
 4    either orally or in writing, in person or by  attorney,  with
 5    regard to such contemplated proceeding.
 6        Nothing  in  this  Act  shall be construed to require the
 7    Director to report minor  violations  of  this  Act  for  the
 8    institution  of  proceedings under this Act when the Director
 9    believes that the public interest will be  adequately  served
10    in the circumstances by a suitable written notice or warning.

11        (225 ILCS 650/19) (from Ch. 56 1/2, par. 319)
12        Sec. 19.  Criminal offenses.
13        A.  Any  person  who forcibly assaults, resists, opposes,
14    impedes, intimidates, or interferes  with  any  person  while
15    engaged  in  or on account of the performance of his official
16    duties  under  this  Act  shall  be  guilty  of  a  Class   A
17    misdemeanor.
18        A-5.  Any person who forcibly assaults any person engaged
19    in or on account of the performance of his  or  her  official
20    duties under this Act shall be guilty of a Class 3 felony.
21        B.   Any  person,  firm,  or corporation, or any agent or
22    employee of any person,  firm,  or  corporation,  who  gives,
23    pays,  or offers, directly or indirectly, to any inspector or
24    any other officer or employee of  this  State  authorized  to
25    perform  any  of  the duties prescribed by this Act or by the
26    rules and regulations of the Director,  any  money  or  other
27    thing  of  value,  with intent to influence such inspector or
28    other officer or employee of this State in the  discharge  of
29    his duty, is guilty of a Class 4 felony.
30        B-5.  Any  inspector or other officer or employee of this
31    State authorized to perform any of the duties  prescribed  by
32    this Act who accepts any money, gift, or other thing of value
33    from  any  person, firm, or corporation, or officers, agents,
 
                            -29-     LRB093 03536 LRD 03565 b
 1    or employees thereof, given  with  intent  to  influence  his
 2    official  action, or who receives or accepts from any person,
 3    firm, or corporation any gift, money, or other thing of value
 4    given with any purpose of intent whatsoever, is guilty  of  a
 5    Class 4 felony.
 6        C.  Any person violating any provision of this Act or any
 7    rule  or  regulation  established  hereunder,  is guilty of a
 8    Class A misdemeanor.
 9        D.  Any person who sells or offers for sale or transports
10    meat or  poultry  products  that  are  unsound,  unhealthful,
11    unwholesome,  adulterated,  or otherwise unfit for human food
12    or which have not been inspected and passed by Department, or
13    federal, or recognized  municipal  inspection,  knowing  that
14    such   meat  or  poultry  products  are  intended  for  human
15    consumption, is guilty of a Class A misdemeanor.
16    (Source: P.A. 91-170, eff. 1-1-00.)

17        (225 ILCS 650/19.2) (from Ch. 56 1/2, par. 319.2)
18        Sec. 19.2. Administrative hearings and penalties.
19        (a)  When an administrative hearing is held, the  hearing
20    officer,  upon  determination  of  a violation of this Act or
21    rules promulgated under this Act, may  assess  the  following
22    administrative  penalties  in  addition  to  or  instead of a
23    suspension or  revocation  of  the  license  as  provided  in
24    Section 19 of this Act:
25             (1)(a)  $150 for illegal advertising.
26             (2)(b)  $200 for operating without being licensed as
27        a  meat  broker,  poultry  broker,  or  meat  and poultry
28        broker.
29             (3)(c)  $300 for misbranding as defined in Section 2
30        Section 2.20 of this Act.
31             (4)(d)  no less than $500 and no greater than $5,000
32        for sale of uninspected meat.
33             (5)(e)  no less than $500 and no greater than $5,000
 
                            -30-     LRB093 03536 LRD 03565 b
 1        for product adulteration.
 2             (6)(e-5)  $500 for detaching, breaking, changing, or
 3        tampering with any official seal, seizure  tag,  rejected
 4        tag, or retained tag in any way whatsoever.
 5             (7)(f)  $500  for  selling a product in violation of
 6        the approved label specifications.
 7             (8)(g)  $500 for removal of meat or poultry products
 8        under seizure.
 9             (9)(h)  (Blank).
10             (10)(h-5)  no less  than  $500,  but  no  more  than
11        $5,000  for operating outside approved hours of operation
12        or approved overtime.
13             (11)(i)  No less than $500 but no more  than  $5,000
14        for  operating without being licensed as a meat processor
15        or slaughterer.
16        In the case of a second or subsequent violation within  3
17    years  of  the first violation, the penalty shall be doubled.
18    Penalties  not  paid  within  60  days  of  notice  from  the
19    Department shall  be  submitted  to  the  Attorney  General's
20    office   or   an   approved  private  collection  agency  for
21    collection.
22        (b)  The Director or any employee of  the  Department  of
23    Agriculture  designated  by  him  or her for such purpose may
24    hold hearings, administer oaths, sign  and  issue  subpoenas,
25    examine  witnesses, receive evidence, and require by subpoena
26    the attendance and testimony of witnesses and the  production
27    of  such  accounts, records, and memoranda as may be material
28    for the determination of any complaint under  this  Act.   In
29    the  event  of  the  refusal of any person to comply with any
30    subpoena or the refusal of a witness to testify to any matter
31    regarding which he or she lawfully may be interrogated  under
32    this  Act,  the  judge  of any circuit court of the county in
33    which the investigation or hearing is being conducted may, on
34    application of the Director or the employee of the Department
 
                            -31-     LRB093 03536 LRD 03565 b
 1    designated by the Director to conduct  the  investigation  or
 2    hearing,  compel  obedience by proceedings for contempt as in
 3    the case of disobedience to an order of that court.
 4    (Source: P.A. 91-170, eff. 1-1-00.)