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.


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A BILL FOR

 

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1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Egg and Egg Products Act is amended
5by adding Section 16.6 as follows:
 
6    (410 ILCS 615/16.6 new)
7    Sec. 16.6. Additional egg penalties.
8    (a) In addition to the penalties prescribed in Section
916.5, the Director may impose the following administrative egg
10penalties against a licensee who either (1) makes a false,
11deceptive, or misleading statement, representation, or
12assertion concerning the quality, size, weight, or condition
13of, or any other matter relating to the advertising and selling
14of eggs and egg products or (2) furnishes an invoice, statement
15or bill showing a standard of size, standard of quality,
16representation of freshness, or any other description of eggs
17or egg products that is false, deceptive, or misleading in any
18particular way.
19    The licensee shall donate the equivalent of the specific
20percentage of eggs taken off sale in the manner described in
21subsection (c) of this Section in accordance with the following
22provisions:
23        (1) 10% of the total dozen eggs taken off sale for a

 

 

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1    first violation.
2        (2) 15% of the total dozen eggs taken off sale for a
3    second violation within 2 years of the first violation.
4        (3) 20% of the total dozen eggs taken off sale for a
5    third or subsequent violation within 2 years after the
6    immediately preceding violation.
7    (b) In addition to the penalties prescribed in Section 16.5
8and subsection (a) of this Section, the Director may impose the
9following administrative egg penalties for all other
10violations:
11    The person shall donate the equivalent of the specific
12percentage of eggs taken off sale in the manner described in
13subsection (c) of this Section in accordance with the following
14provisions:
15        (1) 10% of the total dozen eggs taken off sale for a
16    first violation.
17        (2) 15% of the total dozen eggs taken off sale for a
18    second violation within 2 years of the first violation.
19        (3) 20% of the total dozen eggs taken off sale for a
20    third or subsequent violation within 2 years after the
21    immediately preceding violation.
22    (c) If the Director determines that the additional
23penalties identified in this Section 16.6 are appropriate for a
24violation of the Illinois Egg and Egg Products Act, then the
25equivalent of the resulting percentage of eggs shall be
26relinquished as a donation. Alternatively, if the Director or

 

 

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1his or her designee determines the specific situation is not
2appropriate for such donation, then the monetary equivalent as
3described in subsection (e) of this Section shall be donated to
4an available 501(c) charitable organization who is properly
5registered with the Secretary of State as determined by the
6Department of Agriculture.
7    In the event the Director or his or her designee determines
8that such distribution is appropriate, the equivalent number of
9eggs identified for donation under this Section shall be
10handled in one of the following ways:
11        (1) picked up at a specific location by an individual
12    representing the identified 501(c) charitable
13    organization; or
14        (2) delivered by the licensee or person to the
15    identified 501(c) charitable organization.
16    (d) Any 501(c) charitable organization that accepts eggs
17under the additional penalty Section of this Act is required to
18and is responsible for having a qualified individual, as an
19agent of the 501(c) charitable organization, available to
20immediately inspect the quality of the eggs and upon agreeing
21to accept the eggs assume, on behalf of the 501(c) charitable
22organization, all responsibility for the handling and
23distribution of the eggs donated to the 501(c) charitable
24organization once those eggs are turned over to the 501(c)
25charitable organization.
26    (e) When the Director or his or her designee determines

 

 

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1that a specific situation is not appropriate for a donation of
2the equivalent number of eggs taken off the shelf, then the
3monetary equivalent for purposes of the donation shall be in
4accordance with the following provisions:
5        (1) The wholesale price that is equivalent of the value
6    of 10% of the eggs taken off sale for a first violation.
7        (2) The wholesale price that is equivalent of the value
8    of 15% of the eggs taken off sale for a second violation
9    within 2 years of the first violation.
10        (3) The wholesale price that is equivalent of the value
11    of 20% of the eggs taken off sale for a third or subsequent
12    violation within 2 years after the immediately preceding
13    violation.
14     (f) Any eggs donated as equivalent eggs under this Section
1516.6 shall not be adulterated as defined under Section 3.1 of
16this Act.
17    (g) Any 501(c) charitable organizations or individual
18representing the identified 501(c) charitable organization
19accepting eggs under this Section 16.6 shall not be considered
20a broker as defined in Section 3.2.