SB2011 97TH GENERAL ASSEMBLY

LRB097 09918 RPM 50081 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2011

Introduced 2/10/2011, by Sen. Michael W. Frerichs

SYNOPSIS AS INTRODUCED:

410 ILCS 615/16.6 new

Amends the Illinois Egg and Egg Products Act to add additional egg penalties. Provides that in addition to administrative monetary penalties, the Director of Agriculture may impose certain administrative egg penalties against a licensee who either (1) makes a false, deceptive, or misleading statement, representation, or assertion relating to the advertising and selling of eggs and egg products or (2) furnishes an invoice, statement or bill showing a standard of size, standard of quality, representation of freshness, or any other description of eggs or egg products that is false, deceptive, or misleading. Sets forth provisions concerning the donation of the equivalent of the percentage of eggs taken off sale; the relinquishment of certain percentages of eggs as a donation; 501(c) charitable organizations that accept eggs under the additional penalty provision of the Act; monetary equivalence for purposes of the donation; and brokers.

A BILL FOR

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Egg and Egg Products Act is amended by adding Section 16.6 as follows:

(410 ILCS 615/16.6 new)

Sec. 16.6. Additional egg penalties.

(a) In addition to the penalties prescribed in Section 16.5, the Director may impose the following administrative egg penalties against a licensee who either (1) makes a false, deceptive, or misleading statement, representation, or assertion concerning the quality, size, weight, or condition of, or any other matter relating to the advertising and selling of eggs and egg products or (2) furnishes an invoice, statement or bill showing a standard of size, standard of quality, representation of freshness, or any other description of eggs or egg products that is false, deceptive, or misleading in any particular way.

The licensee shall donate the equivalent of the specific percentage of eggs taken off sale in the manner described in subsection (c) of this Section in accordance with the following provisions:

(1) 10% of the total dozen eggs taken off sale for a first violation.

(2) 15% of the total dozen eggs taken off sale for a second violation within 2 years of the first violation.

(3) 20% of the total dozen eggs taken off sale for a third or subsequent violation within 2 years after the immediately preceding violation.

(b) In addition to the penalties prescribed in Section 16.5 and subsection (a) of this Section, the Director may impose the following administrative egg penalties for all other violations:

The person shall donate the equivalent of the specific percentage of eggs taken off sale in the manner described in subsection (c) of this Section in accordance with the following provisions:

(1) 10% of the total dozen eggs taken off sale for a first violation.

(2) 15% of the total dozen eggs taken off sale for a second violation within 2 years of the first violation.

(3) 20% of the total dozen eggs taken off sale for a third or subsequent violation within 2 years after the immediately preceding violation.

(c) If the Director determines that the additional penalties identified in this Section 16.6 are appropriate for a violation of the Illinois Egg and Egg Products Act, then the equivalent of the resulting percentage of eggs shall be relinquished as a donation. Alternatively, if the Director or his or her designee determines the specific situation is not appropriate for such donation, then the monetary equivalent as described in subsection (e) of this Section shall be donated to an available 501(c) charitable organization who is properly registered with the Secretary of State as determined by the Department of Agriculture.

In the event the Director or his or her designee determines that such distribution is appropriate, the equivalent number of eggs identified for donation under this Section shall be handled in one of the following ways:

(1) picked up at a specific location by an individual representing the identified 501(c) charitable organization; or

(2) delivered by the licensee or person to the identified 501(c) charitable organization.

(d) Any 501(c) charitable organization that accepts eggs under the additional penalty Section of this Act is required to and is responsible for having a qualified individual, as an agent of the 501(c) charitable organization, available to immediately inspect the quality of the eggs and upon agreeing to accept the eggs assume, on behalf of the 501(c) charitable organization, all responsibility for the handling and distribution of the eggs donated to the 501(c) charitable organization once those eggs are turned over to the 501(c) charitable organization.

(e) When the Director or his or her designee determines that a specific situation is not appropriate for a donation of the equivalent number of eggs taken off the shelf, then the monetary equivalent for purposes of the donation shall be in accordance with the following provisions:

(1) The wholesale price that is equivalent of the value of 10% of the eggs taken off sale for a first violation.

(2) The wholesale price that is equivalent of the value of 15% of the eggs taken off sale for a second violation within 2 years of the first violation.

(3) The wholesale price that is equivalent of the value of 20% of the eggs taken off sale for a third or subsequent violation within 2 years after the immediately preceding violation.

(f) Any eggs donated as equivalent eggs under this Section 16.6 shall not be adulterated as defined under Section 3.1 of this Act.

(g) Any 501(c) charitable organizations or individual representing the identified 501(c) charitable organization accepting eggs under this Section 16.6 shall not be considered a broker as defined in Section 3.2.