AUTHORITY: Implementing and authorized by the Farm Products Inspection Act (Ill. Rev. Stat. 1989, ch. 5, par. 91.9 et seq.).

SOURCE: Rules and Regulations Relating To The Standardization of Agricultural Products, adopted July 20, 1973, effective July 30, 1973; amended September 18, 1973, effective September 28, 1973; amended July 4, 1975, effective July 15, 1975; amended October 17, 1975, effective October 27, 1975; amended October 20, 1977, effective November 1, 1977; codified at 5 Ill. Reg. 10435; amended at 6 Ill. Reg. 2581, effective February 18, 1982; amended at 9 Ill. Reg. 5321, effective May 1, 1985; amended at 10 Ill. Reg. 3003, effective January 16, 1986; amended at 14 Ill. Reg. 10308, effective June 19, 1990; amended at 16 Ill. Reg. 8364, effective May 26, 1992.

SUBPART A: GRADING OF MEAT AND POULTRY

 

Section 5.10  Personnel

 

A Federal-State meat grading service will be provided by personnel in the employ of the Illinois Department of Agriculture, and they shall be licensed by and follow the rules and regulations of the Agricultural Marketing Service of the United States Department of Agriculture pertaining to meat grading (7 CFR 54:  Subpart A (1985); 50 FR 14365 (1985)) as set forth in the cooperative agreement between the before-stated federal agency and the Illinois Department of Agriculture, dated August 30, 1985.  The Illinois Department of Agriculture shall also provide poultry grading upon request in accordance with the federal poultry grading procedures (7 CFR 70:  Subpart A (1985)).

 

(Source:  Amended at 10 Ill. Reg. 3003, effective January 16, 1986)

 

Section 5.20  Grading Fees

 

a)         The person requesting meat or poultry grading services shall pay the cost of the service provided at the rate of $17 per hour or any fraction thereof for the time spent by the grader at the establishment.  There shall be a two hour minimum charge.

 

b)         All moneys received by the Illinois Department of Agriculture for providing the meat and poultry grading service will be deposited in the Agricultural Master Fund to be used in the administration of "AN ACT in relation to the inspection and standardization of horticultural, agricultural, apiarian, dairy and other farm products" (Ill. Rev. Stat. 1983, ch. 5, par. 92 et seq.).

 

(Source:  Amended at 10 Ill. Reg. 3003, effective January 16, 1986)

 

Section 5.30  Grading Standards for Meat and Poultry

 

The quality standards for the grading of meat and poultry shall be those standards (7 CFR 54:  Subpart B (1985) and (7 CFR 70:  Subpart B (1985)) adopted and published by the Agricultural Marketing Service of the United States Department of Agriculture pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et. seq. (1985)).

 

(Source:  Amended at 10 Ill. Reg. 3003, effective January 16, 1986)

 

Section 5.40  Incorporation by Reference

 

Incorporation by reference in this Subpart does not include any later amendments, deletions or editions beyond the date specified.

 

(Source:  Added at 10 Ill. Reg. 3003, effective January 16, 1986)

SUBPART B: FEEDER PIG GRADING PROGRAM

 

Section 5.70  Program

 

a)         Feeder pig grading service will be provided by the Illinois Department of Agriculture on a permissive basis. The seller, broker, agent, dealer, buyer or any other party to a transaction involving the sale of feeder pigs may request and have graded any feeder pigs in accordance with the standards for feeder pigs as set forth in these rules.

 

b)         This grading service will be provided by personnel in the employ of the Illinois Department of Agriculture or who are authorized agents of the Department.

 

c)         This grading service shall be in accordance with the cooperative agreement between the Agricultural Marketing Service of the United States Department of Agriculture and the Illinois Department of Agriculture.

 

Section 5.80  Grader Qualifications

 

Each person grading feeder pigs must be trained, approved, and certified by the Agricultural Marketing Service of the United States Department of Agriculture in accordance with the before-mentioned cooperative agreement.

 

Section 5.90  Bonding of Graders (Repealed)

 

(Source:  Repealed at 16 Ill. Reg. 8364, effective May 26, 1992)

 

Section 5.100  Feeder Pig Grading Standards

 

The grade standards for the Illinois feeder pig grading program shall be those standards adopted and published from time to time by the Agricultural Marketing Service of the United States Department of Agriculture pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et. seq.). These standards shall be used by each grader in determining the grade of individual feeder pigs or lots of feeder pigs.

 

Section 5.110  Identification of Feeder Pigs

 

Feeder pigs may be identified by individual animal or by lot. The method of identification shall be as approved by Department order.

 

Section 5.120  Certificates

 

A certificate shall be issued by the feeder pig grader on each lot of pigs graded. The certificate shall include the grade or grades of the lot, description of animal or animals in the lot, identification mark or marks, and the number of animals in the lot.

 

Section 5.130  Grading Fees

 

a)         The person requesting the grading service shall be obligated to pay the cost of the service provided at the rates as set forth in this rule. The rates are as follows:

 

1)         Grading fee − $7 per hour or any fraction thereof

 

2)         Minimum service fee − 6 hours

 

3)         Mileage fee − approved State rate

 

b)         All monies received pursuant to this grading program will be deposited in the Agricultural Master Fund and shall be disbursed as provided in the Act.

 

AGENCY NOTE  The mileage fee shall be in addition to all other charges. The mileage to be figured from the employee's or agent's assigned office to the place where the grading service is rendered and return.

 

(Source:  Amended at 6 Ill. Reg. 2581, effective February 18, 1982)

SUBPART C: INSPECTION AND GRADING OF FRESH FRUITS AND VEGETABLES

 

Section 5.170  Personnel

 

A Federal-State inspection and grading service on fresh fruits and vegetables will be provided by personnel in the employ of the Illinois Department of Agriculture and licensed by and following the rules and regulations of the Consumer and Marketing Service of the United States Department of Agriculture pertaining to inspection service on fresh fruits and vegetables as set forth in the cooperative agreement between the above agency and the Illinois Department of Agriculture dated July 1, 1966, and as thereafter amended.

 

(Source:  Rules and Regulations Relating To The Standardization of Agricultural Products, filed July 4, 1975, effective July 15, 1975)

 

Section 5.180  Grading Fees

 

a)         The person requesting the grading and inspection service shall be obligated to pay the cost of the service provided at the rates as set forth in this rule. The rates are as follows:

 

SHIPPING POINT INSPECTION FEES
Minimum Fee $5.00
Apples	3 cents per 35-45 lb. package
Peaches	3 cents per 35-45 lb. package
Strawberries	3 cents on trays – 4 cents on crates
Tomatoes	1 cent on 10 lb. basket – 3 cents on 30 lb. lug.
Beans	3 cents per bu.
Irish Potatoes	4 cents per 100 lb. sack
Onions	4 cents per 50 lb. sack
Cabbage	4 cents per 50 lb. sack
Sweet Corn	3 cents per sack
Topped Beets	4 cents per sack
Topped Turnips	4 cents per sack
Cucumbers	4 cents per bu.
Peppers	4 cents per bu.

 

b)         The above fees apply as stated or may be applied on equitable basis.

 

c)         AGENCY NOTE:  Rates will be 1½ times the regular rate on all items after 6:00 p.m. daily, all hours worked Saturdays, Sundays, and on all State observed holidays.

 

d)         All monies pertaining to Federal-State inspection service on fresh fruits and vegetables received pursuant to the cooperative agreement between the Illinois Department of Agriculture and the United States Department of Agriculture will be deposited in the Agricultural Master Fund and shall be disbursed as provided in the Act.

 

(Source:  Rules and Regulations Relating To The Standardization of Agricultural Products, filed July 4, 1975, effective July 15, 1975)

 

Section 5.190  Quality and Grading Standards for Fresh Fruit and Vegetables

 

The quality and grade standards for the grading and inspection of fresh fruits and vegetables shall be those standards adopted and published by the Consumer and Marketing Service of the United States Department of Agriculture pursuant to the Agricultural Marketing Act of 1946, as amended (7 USC, 1621 et. seq.).

 

(Source:  Rules and Regulations Relating To The Standardization of Agricultural Products, filed July 4, 1975, effective July 15, 1975)

SUBPART D: QUALITY ANALYSIS PROGRAM

 

Section 5.220  Hay, Haylage and Corn Silage Quality Analysis (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 10308, effective June 19, 1990)

 

Section 5.230  Fee Schedule for Quality Analysis Services (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 10308, effective June 19, 1990)