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91_SB0073enr SB73 Enrolled LRB9101575DHmg 1 AN ACT concerning meat and poultry inspection. 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 Section 5 as follows: 6 (225 ILCS 650/5) (from Ch. 56 1/2, par. 305) 7 Sec. 5. Exemptions - Producers, Retailers, Custom 8 Slaughterers, Poultry Raisers, and Custom Processors. 9 Within the meaning of this Act: 10 (A) A "producer" means any person engaged in producing 11 agricultural products, on whose farm the number of animals or 12 poultry is in keeping with the size of the farm or with the 13 volume or character of the agricultural products produced 14 thereon, but does not mean any person engaged in producing 15 agricultural products who: 16 1. actively engages in buying or trading animals or 17 poultry or both; or 18 2. actively engages directly or indirectly in conducting 19 a business which includes the slaughter of animals or poultry 20 or both, for human food purposes; or 21 3. actively engages, directly or indirectly, in canning, 22 curing, pickling, freezing, salting meat or poultry, or in 23 preparing meat or poultry products for sale; or 24 4. slaughters or permits any person to slaughter on his 25 or their farm animals or poultry not owned by the producer 26 for more than 30 days. 27 The provisions of this Meat and Poultry Inspection Act 28 requiring inspection to be made by the Director of 29 Agriculture do not apply to animals or poultry slaughtered by 30 any producer on his or her farm, nor to animals or poultry 31 slaughtered on the farm of the owners for the personal or SB73 Enrolled -2- LRB9101575DHmg 1 family use of such owner, nor to retail dealers or retail 2 butchers with respect to meat or poultry products sold 3 directly to consumers in retail stores; provided, that the 4 only processing operation performed by such retail dealers or 5 retail butchers is the cutting up of meat or poultry products 6 which have been inspected under the provisions of this Act 7 and is incidental to the operation of the retail food store. 8 Meat or poultry products derived from animals or poultry 9 slaughtered by any producer on the farm which are canned, 10 cured, pickled, frozen, salted or otherwise prepared at any 11 place other than by the producer on the farm upon which the 12 animals or poultry were slaughtered are not exempt under the 13 producer's exemption herein provided. 14 Any person who sells or offers for sale or transports 15 meat or poultry products which are unsound, unhealthful, 16 unwholesome, adulterated, or otherwise unfit for human food, 17 or which have not been inspected and passed by Department, 18 Federal or recognized municipal inspection, knowing that such 19 meat or poultry products are intended for human consumption, 20 is guilty of a Class A misdemeanor and shall be punished as 21 provided by Section 19. 22 (B) The following types of establishments are exempt 23 from specific provisions of this Act: 24 1. Poultry raisers with respect to poultry raised on 25 their own farms or premises (a) if such raisers slaughter, 26 eviscerate, or further process not more than 5,000100027 poultry during the calendar year for which this exemption is 28 being determined; (b) such poultry raisers do not engage in 29 buying or selling poultry products other than those produced 30 from poultry raised on their own farms or premises; (c) such 31 poultry or poultry products are slaughtered, otherwise 32 prepared, sold or delivered to the consumer on or from the 33 premises for which the exemption is given; (d) such slaughter 34 or preparation shall be performed in sanitary facilities, in SB73 Enrolled -3- LRB9101575DHmg 1 a sanitary manner, and subject to periodic inspection by 2 Department personnel; (e) persons desiring such exemptions 3 shall submit in writing a request to the Department. The 4 exemption shall be effective upon written notice from the 5 Department and shall remain in effect for a period of 2 6 years, unless revoked. Adequate records must be maintained 7 to assure that not more than the number of exempted poultry 8 are slaughtered or processed in one calendar year. Such 9 records shall be kept for one year following the termination 10 of each exemption. Any advertisement regarding the exempt 11 poultry or poultry products shall reflect the fact of 12 exemption so as not to mislead the consumer to presume 13 official inspection has been made under "The Meat and Poultry 14 Inspection Act". 15 2. Type II Establishments licensed under this Act for 16 custom slaughtering and custom processing as defined in 17 Sections 2.39 and 2.40 of this Act, who do not sell either 18 meat products or poultry products shall: 19 a. Be permitted to receive, for processing, meat 20 products and poultry products from animals and poultry 21 slaughtered by the owner, or for the owner, for his own 22 personal use, or for use by his household. 23 b. Be permitted to receive live animals and poultry 24 presented by the owner to be slaughtered and processed for 25 the owner's own personal use, or for use by his household. 26 c. Be permitted to receive, for processing, inspected 27 meat products and inspected poultry products for the owner's 28 own personal use or for use by his household. 29 d. Stamp the words "NOT FOR SALE" in letters at least 30 3/8 inches in height on all carcasses of animals and poultry 31 slaughtered in such establishment and on all meat products 32 and poultry products processed in such establishment. 33 e. Conspicuously display a license issued by the 34 Department and bearing the words "NO SALES PERMITTED". SB73 Enrolled -4- LRB9101575DHmg 1 f. Keep a record of the name and address of the owner of 2 each carcass or portion thereof received in such licensed 3 establishment, the date received, and the dressed weight. 4 Such records shall be maintained for at least one year and 5 shall be available, during reasonable hours, for inspection 6 by Department personnel. 7 g. File an annual statement with the Department to the 8 effect that neither meat products nor poultry products are 9 offered for sale. 10 h. No custom slaughterer or custom processor shall 11 engage in the business of buying or selling any poultry or 12 meat products capable of use as human food, or slaughter of 13 any animals or poultry intended for sale. 14 3. A Type I Establishment licensed under the authority 15 of this Act who sells, or offers for sale, meat, meat 16 product, poultry and poultry product shall except as 17 otherwise provided: 18 a. Be permitted to receive meat, meat product, poultry 19 and poultry product for cutting, processing, preparing, 20 packing, wrapping, chilling, freezing, sharp freezing or 21 storing, provided it bears an official mark of State of 22 Illinois or of Federal Inspection. 23 b. Be permitted to receive live animals and poultry for 24 slaughter provided all animals and poultry are properly 25 presented for prescribed inspection by a Department employee. 26 c. May accept meat, meat product, poultry and poultry 27 product for sharp freezing or storage provided that prior to 28 entry, the meat, meat product, poultry and poultry product 29 has been wrapped or packaged and marked "NOT FOR SALE" as 30 prescribed in subparagraph d of paragraph 4 of subsection (B) 31 of this Section. 32 d. An operator licensed under this Act to slaughter and 33 process poultry shall be permitted to receive for slaughter 34 and cutting up poultry delivered to him by the owner thereof SB73 Enrolled -5- LRB9101575DHmg 1 exclusively for use in the household of such owner, by him 2 and members of his household, his nonpaying guests, and 3 employees. Such poultry shall be exempt from inspection 4 provided the operator: 5 (i) Keeps such poultry, poultry carcasses and parts 6 thereof separate from all other meat, meat products, poultry 7 and poultry products at all times while on the premises. 8 (ii) Thoroughly cleans and disinfects all facilities and 9 equipment with which such poultry or parts come in contact 10 upon completion of slaughter and cutting up. 11 (iii) Stamps the words "NOT FOR SALE" as prescribed in 12 subparagraph d of paragraph 4 of subsection (B) of this 13 Section on each immediate package of such poultry or poultry 14 parts. 15 (iv) Records the following information with regard to 16 poultry slaughtered or cut up in his licensed establishment: 17 (a) Name and address; 18 (b) Date received; 19 (c) Number and dressed weight of carcass. 20 (v) Such records shall be maintained for not less than 21 one year and shall be available for inspection by Department 22 personnel during reasonable business hours. 23 4. Any establishment licensed under the authority of 24 this Act that receives wild game carcasses shall comply with 25 the following requirements: 26 a. Wild game carcasses shall be dressed prior to 27 entering the processing or refrigerated areas of the licensed 28 establishment. 29 b. Wild game carcasses stored in the refrigerated area 30 of the licensed establishment shall be kept separate and 31 apart from inspected products. 32 c. A written request shall be made to the Department for 33 listing of the days and time of day wild game carcasses may 34 be processed. SB73 Enrolled -6- LRB9101575DHmg 1 d. All equipment used which comes in contact with wild 2 game shall be thoroughly cleaned and sanitized prior to use 3 on animal or poultry carcasses. 4 5. Establishments in which operations in relation to 5 meat or poultry products consist entirely of storage of such 6 products in individual lockers at or below a temperature of 0 7 degrees F. 8 (Source: P.A. 85-246.)