Illinois General Assembly - Full Text of SB2752
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Full Text of SB2752  100th General Assembly

SB2752enr 100TH GENERAL ASSEMBLY



 


 
SB2752 EnrolledLRB100 17567 RJF 32737 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Meat and Poultry Inspection Act is amended
5by changing Section 2 as follows:
 
6    (225 ILCS 650/2)  (from Ch. 56 1/2, par. 302)
7    Sec. 2. Definitions. As used in this Act:
8    "Adulterated" means any carcass, part thereof, meat or meat
9food product, or poultry or poultry food product under one or
10more of the following circumstances:
11        (1) if it bears or contains any poisonous or
12    deleterious substance which may render it injurious to
13    health; but in case the substance is not an added
14    substance, such article shall not be considered
15    adulterated under this clause if the quantity of such
16    substance in or on such article does not ordinarily render
17    it injurious to health;
18        (2)(A) if it bears or contains (by reason of
19    administration of any substance to the live animal or
20    otherwise) any added poisonous or added deleterious
21    substance (other than one which is (i) a pesticide chemical
22    in or on a raw agricultural commodity; (ii) a food
23    additive; or (iii) a color additive) which may, in the

 

 

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1    judgment of the Director, make such article unfit for human
2    food;
3        (B) if it is, in whole or in part, a raw agricultural
4    commodity and such commodity bears or contains a pesticide
5    chemical which is unsafe within the meaning of Section 346a
6    of the federal Food, Drug, and Cosmetic Act;
7        (C) if it bears or contains any food additive which is
8    unsafe within the meaning of Section 348 of the federal
9    Food, Drug, and Cosmetic Act;
10        (D) if it bears or contains any color additive which is
11    unsafe within the meaning of Section 379e of the federal
12    Food, Drug, and Cosmetic Act: Provided, That an article
13    which is not adulterated under clause (B), (C), or (D)
14    shall nevertheless be deemed adulterated if use of the
15    pesticide chemical, food additive, or color additive in or
16    on such article is prohibited by regulations of the
17    Secretary of the United States Department of Agriculture or
18    under Section 13 or 16 of this Act;
19        (3) if it consists in whole or in part of any filthy,
20    putrid, or decomposed substance or is for any other reason
21    unsound, unhealthful, unwholesome, or otherwise unfit for
22    human food;
23        (4) if it has been prepared, packed, or held under
24    insanitary conditions whereby it may have become
25    contaminated with filth, or whereby it may have been
26    rendered injurious to health;

 

 

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1        (5) if it is, in whole or in part, the product of an
2    animal which has died otherwise than by slaughter;
3        (6) if its container is composed, in whole or in part,
4    of any poisonous or deleterious substance which may render
5    the contents injurious to health;
6        (7) if it has been intentionally subjected to
7    radiation, unless the use of the radiation was in
8    conformity with a regulation or exemption in effect
9    pursuant to Section 348 of the federal Food, Drug, and
10    Cosmetic Act;
11        (8) if any valuable constituent has been in whole or in
12    part omitted or abstracted therefrom; or if any substance
13    has been substituted, wholly or in part therefor; or if
14    damage or inferiority has been concealed in any manner; or
15    if any substance has been added thereto or mixed or packed
16    therewith so as to increase its bulk or weight, or reduce
17    its quality or strength, or make it appear better or of
18    greater value than it; or
19        (9) if it is margarine containing animal fat and any of
20    the raw material used therein consisted in whole or in part
21    of any filthy, putrid, or decomposed substance.
22    "Adulterated" means any carcass, or part of a carcass, meat
23or meat food product, or poultry or poultry food product if:
24        (1) it bears or contains any poisonous or deleterious
25    substance which may render it injurious to health, but if
26    the substance is not an added substance the article is not

 

 

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1    adulterated under this paragraph if the quantity of such
2    substance in or on the article does not ordinarily render
3    it injurious to health;
4        (2) it bears or contains, because of the administering
5    of any substance to the live animal, poultry, or other food
6    product, any added poisonous or added deleterious
7    substance other than (A) a pesticide chemical in or on a
8    raw agricultural commodity or (B) a food additive or a
9    color additive that, in the judgment of the Director, may
10    make the article unfit for human food;
11        (3) it is, in whole or in part, a raw agricultural
12    commodity and the commodity bears or contains a pesticide
13    chemical that is unsafe within the meaning of Section 408
14    of the federal Food, Drug, and Cosmetic Act;
15        (4) it bears or contains any food additive that is
16    unsafe within the meaning of Section 409 of the federal
17    Food, Drug, and Cosmetic Act;
18        (5) it bears or contains any color additive which is
19    unsafe within the meaning of Section 706 of the federal
20    Food, Drug, and Cosmetic Act, provided that an article that
21    is not adulterated under paragraph (3), (4), or (5) is
22    nevertheless adulterated if use of the pesticide chemical,
23    food additive, or color additive in or on the article is
24    prohibited under Section 13 or 16 of this Act;
25        (6) it consists in whole or in part of any filthy,
26    putrid, or decomposed substance or is for any reason

 

 

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1    unsound, unhealthful, unwholesome, or otherwise unfit for
2    human food;
3        (7) it has been prepared, packed, or held under
4    unsanitary conditions whereby it may have become
5    contaminated with filth, or whereby it may have been
6    rendered injurious to health;
7        (8) it is, in whole or in part, the product of an
8    animal or poultry that has died otherwise than by
9    slaughter;
10        (9) its container is composed, in whole or in part, of
11    any poisonous or deleterious substance that may render the
12    contents injurious to health;
13        (10) it has been intentionally subjected to radiation,
14    unless the use of the radiation was in conformity with a
15    regulation or exemption under Section 409 of the federal
16    Food, Drug, and Cosmetic Act;
17        (11) any valuable constituent has been in whole or in
18    part omitted or abstracted from the article; any substance
19    has been substituted, wholly or in part; damage or
20    inferiority has been concealed in any manner; or any
21    substance has been added, mixed, or packed with the article
22    to increase its bulk or weight, to reduce its quality or
23    strength, or to make it appear better or of greater value
24    than it is; or
25        (12) it bears or contains sodium benzoate or benzoic
26    acid or any combination thereof, except as permitted in

 

 

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1    accordance with the federal meat or poultry programs.
2    "Amenable" means foods containing 3% or more raw, or more
3than 2% cooked, red meat or poultry, other edible portions of
4carcass or bird, or products that historically have been
5considered by customers as products of the meat or poultry
6industry.
7    "Animals" means cattle, calves, American bison (buffalo),
8catalo, cattalo, sheep, swine, domestic deer, domestic elk,
9domestic antelope, domestic reindeer, ratites, water buffalo,
10and goats.
11    "Capable of use as human food" means the carcass of any
12animal or poultry, or part or product of a carcass of any
13animal or poultry, unless it is denatured to deter its use as
14human food or it is naturally inedible by humans.
15    "Custom processing" means the cutting up, packaging,
16wrapping, storing, freezing, smoking, or curing of meat or
17poultry products as a service by an establishment for the owner
18or the agent of the owner of the meat or poultry products
19exclusively for use in the household of the owner and his or
20her nonpaying guests and employees or slaughtering with respect
21to live poultry purchased by the consumer at this establishment
22and processed by a custom plant operator in accordance with the
23consumer's instructions.
24    "Custom slaughter" means the slaughtering, skinning,
25defeathering, eviscerating, cutting up, packaging, or wrapping
26of animals or poultry as a service by an establishment for the

 

 

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1owner or the agent of the owner of the animals or poultry
2exclusively for use in the household of the owner and his or
3her nonpaying guests and employees.
4    "Department" means the Department of Agriculture of the
5State of Illinois.
6    "Director" means, unless otherwise provided, the Director
7of the Department of Agriculture of the State of Illinois or
8his or her duly appointed representative.
9    "Establishment" means all premises where animals, poultry,
10or both, are slaughtered or otherwise prepared either for
11custom, resale, or retail for food purposes, meat or poultry
12canneries, sausage factories, smoking or curing operations,
13restaurants, grocery stores, brokerages, cold storage plants,
14processing plants, and similar places.
15    "Federal Food, Drug, and Cosmetic Act" means the Act
16approved June 25, 1938 (52 Stat. 1040), as now or hereafter
17amended.
18    "Federal inspection" means the meat and poultry inspection
19service conducted by the United States Department of
20Agriculture by the authority of the Federal Meat Inspection Act
21and the Federal Poultry Products Inspection Act.
22    "Federal Meat Inspection Act" means the Act approved March
234, 1907 (34 Stat. 1260), as now or hereafter amended by the
24Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
25    "Illinois inspected and condemned" means that the meat or
26poultry product so identified and marked is unhealthful,

 

 

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1unwholesome, adulterated, or otherwise unfit for human food and
2shall be disposed of in the manner prescribed by the
3Department.
4    "Illinois inspected and passed" means that the meat or
5poultry product so stamped and identified has been inspected
6and passed under the provisions of this Act and the rules and
7regulations pertaining thereto at the time of inspection and
8identification was found to be sound, clean, wholesome, and
9unadulterated.
10    "Illinois retained" means that the meat or poultry product
11so identified is held for further clinical examination by a
12veterinary inspector to determine its disposal.
13    "Immediate container" means any consumer package or any
14other container in which livestock products or poultry
15products, not consumer packaged, are packed.
16    "Inspector" means any employee of the Department
17authorized by the Director to inspect animals and poultry or
18meat and poultry products.
19    "Label" means a display of written, printed, or graphic
20matter upon any article or the immediate container, not
21including package liners, of any article.
22    "Labeling" means all labels and other written, printed, or
23graphic matter (i) upon any article or any of its containers or
24wrappers or (ii) accompanying the article.
25    "Meat broker", "poultry broker", or "meat and poultry
26broker" means any person, firm, or corporation engaged in the

 

 

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1business of buying, negotiating for purchase of, handling or
2taking possession of, or selling meat or poultry products on
3commission or otherwise purchasing or selling of such articles
4other than for the person's own account in their original
5containers without changing the character of the products in
6any way. A broker shall not possess any processing equipment in
7his or her licensed facility.
8    "Meat food product" means any product capable of use as
9human food that is made wholly or in part from any meat or
10other portion of the carcass of any cattle, sheep, swine, or
11goats, except products that contain meat or other portions of
12such carcasses only in a relatively small proportion or
13products that historically have not been considered by
14consumers as products of the meat food industry and that are
15exempted from definition as a meat food product by the Director
16under such conditions as the Director may prescribe to assure
17that the meat or other portions of such carcass contained in
18such product are not adulterated and that such products are not
19represented as meat food products. This term as applied to food
20products of equines or domestic deer shall have a meaning
21comparable to that provided in this definition with respect to
22cattle, sheep, swine, and goats.
23    "Misbranded" means any carcass, part thereof, meat or meat
24food product, or poultry or poultry food product if:
25        (1) its labeling is false or misleading in any
26    particular;

 

 

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1        (2) it is offered for sale under the name of another
2    food;
3        (3) it is an imitation of another food, unless its
4    label bears, in type of uniform size and prominence, the
5    word "imitation" followed immediately by the name of the
6    food imitated;
7        (4) its container is made, formed, or filled so as to
8    be misleading;
9        (5) it does not bear a label showing (i) the name and
10    place of business of the manufacturer, packer, or
11    distributor and (ii) an accurate statement of the quantity
12    of the contents in terms of weight, measure, or numerical
13    count; however, reasonable variations in such statement of
14    quantity may be permitted;
15        (6) any word, statement, or other information required
16    by or under authority of this Act to appear on the label or
17    other labeling is not prominently placed thereon with such
18    conspicuousness as compared with other words, statements,
19    designs, or devices in the labeling and in such terms as to
20    make the label likely to be read and understood by the
21    general public under customary conditions of purchase and
22    use;
23        (7) it purports to be or is represented as a food for
24    which a definition and standard of identity or composition
25    is prescribed in Sections 13 and 16 of this Act unless (i)
26    it conforms to such definition and standard and (ii) its

 

 

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1    label bears the name of the food specified in the
2    definition and standard and, as required by such
3    regulations, the common names of optional ingredients
4    other than spices and flavoring present in such food;
5        (8) it purports to be or is represented as a food for
6    which a standard of fill of container is prescribed in
7    Section 13 of this Act and it falls below the applicable
8    standard of fill of container applicable thereto, unless
9    its label bears, in such manner and form as such
10    regulations specify, a statement that it falls below such
11    standard;
12        (9) it is not subject to the provisions of paragraph
13    (7), unless its label bears (i) the common or usual name of
14    the food, if any, and (ii) if it is fabricated from 2 or
15    more ingredients, the common or usual name of each
16    ingredient, except that spices and flavorings may, when
17    authorized by standards or regulations adopted in or as
18    provided by Sections 13 and 16 of this Act, be designated
19    as spices and flavorings without naming each;
20        (10) it purports to be or is represented for special
21    dietary uses, unless its label bears such information
22    concerning its vitamin, mineral, and other dietary
23    properties as determined by the Secretary of Agriculture of
24    the United States in order to fully inform purchasers as to
25    its value for such uses;
26        (11) it bears or contains any artificial flavoring,

 

 

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1    artificial coloring, or chemical preservative, unless it
2    bears labeling stating that fact or is exempt; or
3        (12) it fails to bear, directly thereon or on its
4    container, the inspection legend and unrestricted by any of
5    the foregoing provisions, such other information as
6    necessary to assure that it will not have false or
7    misleading labeling and that the public will be informed of
8    the manner of handling required to maintain the article in
9    a wholesome condition.
10    "Official establishment" means any establishment as
11determined by the Director at which inspection of the slaughter
12of livestock or poultry or the preparation of livestock
13products or poultry products is maintained under the authority
14of this Act.
15    "Official mark of inspection" means the official mark of
16inspection used to identify the status of any meat product or
17poultry product or animal under this Act as established by
18rule.
19    Prior to the manufacture, a complete and accurate
20description and design of all the brands, legends, and symbols
21shall be submitted to the Director for approval as to
22compliance with this Act. Each brand or symbol that bears the
23official mark shall be delivered into the custody of the
24inspector in charge of the establishment and shall be used only
25under the supervision of a Department employee. When not in
26use, all such brands and symbols bearing the official mark of

 

 

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1inspection shall be secured in a locked locker or compartment,
2the keys of which shall not leave the possession of Department
3employees.
4    "Person" means any individual or entity, including, but not
5limited to, a sole proprietorship, partnership, corporation,
6cooperative, association, limited liability company, estate,
7or trust.
8    "Pesticide chemical", "food additive", "color additive",
9and "raw agricultural commodity" have the same meanings for
10purposes of this Act as under the federal Food, Drug, and
11Cosmetic Act.
12    "Poultry" means domesticated birds or rabbits, or both,
13dead or alive, capable of being used for human food.
14    "Poultry products" means the carcasses or parts of
15carcasses of poultry produced entirely or in substantial part
16from such poultry, including but not limited to such products
17cooked, pressed, smoked, dried, pickled, frozen, or similarly
18processed.
19    "Poultry Products Inspection Act" means the Act approved
20August 28, 1957 (71 Stat. 441), as now or hereafter amended by
21the Wholesome Poultry Products Act, approved August 18, 1968
22(82 Stat. 791), as now or hereafter amended.
23    "Poultry Raiser" means any person who raises poultry,
24including rabbits, on his or her own farm or premises who does
25not qualify as a producer as defined under this Act.
26    "Processor" means any person engaged in the business of

 

 

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1preparing food from animals, including poultry, derived wholly
2or in part from livestock or poultry carcasses or parts or
3products of such carcasses.
4    "Shipping container" means any container used or intended
5for use in packaging the product packed in an immediate
6container.
7    "Slaughterer" means an establishment where any or all of
8the following may be performed on animals or poultry: (i)
9stunning; (ii) bleeding; (iii) defeathering, dehairing, or
10skinning; (iv) eviscerating; or (v) preparing carcasses for
11chilling.
12    "State inspection" means the meat and poultry inspection
13service conducted by the Department of Agriculture of the State
14of Illinois by the authority of this Act.
15(Source: P.A. 94-1052, eff. 1-1-07.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.