State of Illinois
2015 and 2016


Introduced 2/19/2016, by Sen. John G. Mulroe


410 ILCS 615/3.21a new
410 ILCS 615/3.29a new
410 ILCS 615/6  from Ch. 56 1/2, par. 55-6
410 ILCS 615/15  from Ch. 56 1/2, par. 55-15

    Amends the Illinois Egg and Egg Products Act. Defines "lot consolidation" and "registered lot consolidator". Provides that no eggs may be offered for sale for consumer use 45 days or more after candling (rather than after the original 30-day candling date). Extends the expiration date labeling requirement for grade A and AA eggs to no later than 45 days after candling. Removes provisions concerning the repackaging of eggs for sale to consumers. Provides that eggs may be repackaged only when the retailer performs a lot consolidation where the lot consolidation is performed by or under the supervision of a registered lot consolidator. Adds provisions concerning the training and registration of lot consolidators. Requires that stores wishing to consolidate egg lots retain a physical copy of the registered lot consolidator's registration document and maintain Egg Lot Consolidation Log form. Provides that eggs shall be consolidated in a manner consistent with the specified training, every lot consolidation shall be documented using an Egg Lot Consolidation Log form, and that registered lot consolidators shall work at one physical location only.

LRB099 20763 MJP 45427 b






SB3167LRB099 20763 MJP 45427 b

1    AN ACT concerning 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 changing Sections 6 and 15 and by adding Sections 3.21a and
63.29a as follows:
7    (410 ILCS 615/3.21a new)
8    Sec. 3.21a. "Lot consolidation" means the removal of
9damaged eggs from consumer labeled cartons and replacement of
10the damaged eggs with eggs of the same grade, size, sell-by
11date, brand, lot, and source.
12    (410 ILCS 615/3.29a new)
13    Sec. 3.29a. "Registered lot consolidator" means a person
14who has successfully completed a training course in lot
15consolidation approved by the Department and who is registered
16with the Department.
17    (410 ILCS 615/6)  (from Ch. 56 1/2, par. 55-6)
18    Sec. 6. Candling; labeling; sales by producers; retail
19sales; temperature requirements. All eggs sold at retail or
20purchased by institutional consumers must be candled for
21quality and graded for size.



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1    A producer may sell on his own premises where eggs are
2produced, direct to household consumers, for the consumer's
3personal use and that consumer's non-paying guests, nest run
4eggs without candling or grading those eggs.
5    All eggs designated for sale off the premises where the
6entire flock is located, such as at farmers' markets, and at
7retail or for institutional use must be candled and graded and
8held in a place or room in which the temperature may not exceed
945 degrees Fahrenheit after processing. Nest run eggs shall be
10held at 60 degrees Fahrenheit or less at all times. During
11transportation, the egg temperature may not exceed 45 degrees
13    Hatcheries buying eggs for hatching purposes from
14producers under contract may sell their surplus eggs to a
15licensed packer or handler provided that the hatchery shall
16keep records which indicate the number of cases sold, the date
17of sale and the name and address of the packer or handler
18making the purchase.
19    All eggs candled or candled and graded outside the State
20must meet Federal standards before they can be sold or offered
21for sale in the State. No eggs may be offered for sale for
22consumer use 45 days or more after the date of candling after
23the original 30-day candling date.
24    Each container of eggs offered for sale or sold at
25wholesale or retail must be labeled in accordance with the
26standards established by the Department showing grade, size,



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1packer identification, and candling date, and must be labeled
2with an expiration date, or other similar language as specified
3by USDA standards, that is not later than 45 30 days from the
4candling date for grade A eggs and not later than 45 15 days
5after the candling date for grade AA eggs.
6    The grade and size of eggs must be conspicuously marked in
7bold face type on all consumer-size containers.
8    The size and height of lettering or numbering requirement
9shall be set by regulation and shall conform as near as
10possible to those required by Federal law.
11    All advertising of shell eggs for sale at retail for a
12stated price shall contain the grade and size of the eggs. The
13information contained in such advertising shall not be
14misleading or deceptive. In cases of food-borne disease
15outbreaks in which eggs are identified as the source of the
16disease, all eggs from the flocks from which those
17disease-causing eggs came shall be identified with a producer
18identification or flock code number to control the movement of
19those eggs.
20(Source: P.A. 96-1310, eff. 7-27-10.)
21    (410 ILCS 615/15)  (from Ch. 56 1/2, par. 55-15)
22    Sec. 15. Samples; packing methods.
23    (a) The Department shall prescribe methods in conformity
24with the United States Department of Agriculture
25specifications for selecting samples of lots, cases or



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1containers of eggs or egg products which shall be reasonably
2calculated to produce fair representations of the entire lots
3or cases and containers sampled. Any sample taken shall be
4prima facie evidence in any court in this State of the true
5condition of the entire lot, case or container of eggs or egg
6products in the examination of which the sample was taken.
7    It shall be unlawful for any handler or retailer to pack
8eggs into consumer-size containers other than during the
9original candling and grading operations unless the retailer
10performs a lot consolidation where the lot consolidation is
11performed by or under the supervision of a registered lot
12consolidator. :
13    (b) A person may become registered to consolidate egg lots
14after having attended a training course approved by the
15Department. Training courses shall be approved by the
16Department if the course includes training on the following:
17        (1) Laws governing egg lot consolidation:
18            (A) same lot code;
19            (B) same source;
20            (C) same sell-by date;
21            (D) same grade;
22            (E) same size;
23            (F) same brand;
24        (2) temperature requirements;
25        (3) egg is a hazardous food (FDA Guidelines);
26        (4) sanitation;



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1        (5) registration requirements;
2        (6) egg quality (USDA guidelines);
3        (7) original packaging requirements, (replacement
4    cartons shall not be utilized); and
5        (8) Egg Lot Consolidation Log forms.
6    Training materials and topics shall be submitted in writing
7to the Department at least 90 days prior to the proposed
8training date. The Department shall review and approve the
9training material within 30 days of submittal.
10    (c) A registered lot consolidator registration is valid for
11a period of one year from the completion of the approved
13    The fee for a registered lot consolidator registration is
14$50. The fee shall be included with the registered lot
15consolidator registration form when the form is submitted to
16the Department.
17    Registration under this subsection (c) is independent of
18any other license and shall follow the individual.
19    (d) Each store location wishing to consolidate egg lots
20shall maintain a physical copy of the registration document of
21the store's registered lot consolidator.
22    Each store shall maintain an Egg Lot Consolidation Log
23form. This form shall be maintained by the store at the
24physical location the eggs were consolidated for a period not
25less than 30 days past the last sell-by date on the cartons
26consolidated. The Egg Lot Consolidation Log form shall be



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1provided by the Department.
2    (e) Eggs shall be consolidated in a manner consistent with
3training materials required by subsection (b). Each lot
4consolidation shall be documented using an Egg Lot
5Consolidation Log form. A registered lot consolidator shall
6work at one physical store location only.
7        (a) The loose eggs to be so transferred are in master
8    case stamped no more than 5 days previous indicating that
9    the size and quality have been verified.
10        (b) The process of transferring is done in a licensed
11    establishment.
12        (c) (Blank).
13        (d) The loose eggs to be transferred are reprocessed in
14    the same manner as nest-run eggs and each egg is recandled
15    for quality and regraded for size in an establishment
16    recognized as a competent grading facility by the Director
17    or his authorized representative.
18        (e) (Blank).
19    If procedures described in paragraph (a) or (b) of this
20Section are executed, the mandatory labeling as it appears on
21the master cases with respect to name, address, grade, size and
22candling date must be identical to the labeling on the
23consumer-size containers into which the eggs are transferred
24except that the name and address may be changed, provided that
25the words "packed for", "packed by" or words of similar import
26do not appear.



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1(Source: P.A. 92-677, eff. 7-16-02.)