SB2752sam001 100TH GENERAL ASSEMBLY

Sen. Neil Anderson

Filed: 4/20/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2752

2    AMENDMENT NO. ______. Amend Senate Bill 2752 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    it injurious to health;
2        (2)(A) if it bears or contains (by reason of
3    administration of any substance to the live animal or
4    otherwise) any added poisonous or added deleterious
5    substance (other than one which is (i) a pesticide chemical
6    in or on a raw agricultural commodity; (ii) a food
7    additive; or (iii) a color additive) which may, in the
8    judgment of the Director, make such article unfit for human
9    food;
10        (B) if it is, in whole or in part, a raw agricultural
11    commodity and such commodity bears or contains a pesticide
12    chemical which is unsafe within the meaning of Section 346a
13    of the federal Food, Drug, and Cosmetic Act;
14        (C) if it bears or contains any food additive which is
15    unsafe within the meaning of Section 348 of the federal
16    Food, Drug, and Cosmetic Act;
17        (D) if it bears or contains any color additive which is
18    unsafe within the meaning of Section 379e of the federal
19    Food, Drug, and Cosmetic Act: Provided, That an article
20    which is not adulterated under clause (B), (C), or (D)
21    shall nevertheless be deemed adulterated if use of the
22    pesticide chemical, food additive, or color additive in or
23    on such article is prohibited by regulations of the
24    Secretary of the United States Department of Agriculture or
25    under Section 13 or 16 of this Act;
26        (3) if it consists in whole or in part of any filthy,

 

 

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1    putrid, or decomposed substance or is for any other reason
2    unsound, unhealthful, unwholesome, or otherwise unfit for
3    human food;
4        (4) if it has been prepared, packed, or held under
5    insanitary conditions whereby it may have become
6    contaminated with filth, or whereby it may have been
7    rendered injurious to health;
8        (5) if it is, in whole or in part, the product of an
9    animal which has died otherwise than by slaughter;
10        (6) if its container is composed, in whole or in part,
11    of any poisonous or deleterious substance which may render
12    the contents injurious to health;
13        (7) if it has been intentionally subjected to
14    radiation, unless the use of the radiation was in
15    conformity with a regulation or exemption in effect
16    pursuant to Section 348 of the federal Food, Drug, and
17    Cosmetic Act;
18        (8) if any valuable constituent has been in whole or in
19    part omitted or abstracted therefrom; or if any substance
20    has been substituted, wholly or in part therefor; or if
21    damage or inferiority has been concealed in any manner; or
22    if any substance has been added thereto or mixed or packed
23    therewith so as to increase its bulk or weight, or reduce
24    its quality or strength, or make it appear better or of
25    greater value than it; or
26        (9) if it is margarine containing animal fat and any of

 

 

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

 

 

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1    Food, Drug, and Cosmetic Act, provided that an article that
2    is not adulterated under paragraph (3), (4), or (5) is
3    nevertheless adulterated if use of the pesticide chemical,
4    food additive, or color additive in or on the article is
5    prohibited under Section 13 or 16 of this Act;
6        (6) it consists in whole or in part of any filthy,
7    putrid, or decomposed substance or is for any reason
8    unsound, unhealthful, unwholesome, or otherwise unfit for
9    human food;
10        (7) it has been prepared, packed, or held under
11    unsanitary conditions whereby it may have become
12    contaminated with filth, or whereby it may have been
13    rendered injurious to health;
14        (8) it is, in whole or in part, the product of an
15    animal or poultry that has died otherwise than by
16    slaughter;
17        (9) its container is composed, in whole or in part, of
18    any poisonous or deleterious substance that may render the
19    contents injurious to health;
20        (10) it has been intentionally subjected to radiation,
21    unless the use of the radiation was in conformity with a
22    regulation or exemption under Section 409 of the federal
23    Food, Drug, and Cosmetic Act;
24        (11) any valuable constituent has been in whole or in
25    part omitted or abstracted from the article; any substance
26    has been substituted, wholly or in part; damage or

 

 

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1    inferiority has been concealed in any manner; or any
2    substance has been added, mixed, or packed with the article
3    to increase its bulk or weight, to reduce its quality or
4    strength, or to make it appear better or of greater value
5    than it is; or
6        (12) it bears or contains sodium benzoate or benzoic
7    acid or any combination thereof, except as permitted in
8    accordance with the federal meat or poultry programs.
9    "Amenable" means foods containing 3% or more raw, or more
10than 2% cooked, red meat or poultry, other edible portions of
11carcass or bird, or products that historically have been
12considered by customers as products of the meat or poultry
13industry.
14    "Animals" means cattle, calves, American bison (buffalo),
15catalo, cattalo, sheep, swine, domestic deer, domestic elk,
16domestic antelope, domestic reindeer, ratites, water buffalo,
17and goats.
18    "Capable of use as human food" means the carcass of any
19animal or poultry, or part or product of a carcass of any
20animal or poultry, unless it is denatured to deter its use as
21human food or it is naturally inedible by humans.
22    "Custom processing" means the cutting up, packaging,
23wrapping, storing, freezing, smoking, or curing of meat or
24poultry products as a service by an establishment for the owner
25or the agent of the owner of the meat or poultry products
26exclusively for use in the household of the owner and his or

 

 

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1her nonpaying guests and employees or slaughtering with respect
2to live poultry purchased by the consumer at this establishment
3and processed by a custom plant operator in accordance with the
4consumer's instructions.
5    "Custom slaughter" means the slaughtering, skinning,
6defeathering, eviscerating, cutting up, packaging, or wrapping
7of animals or poultry as a service by an establishment for the
8owner or the agent of the owner of the animals or poultry
9exclusively for use in the household of the owner and his or
10her nonpaying guests and employees.
11    "Department" means the Department of Agriculture of the
12State of Illinois.
13    "Director" means, unless otherwise provided, the Director
14of the Department of Agriculture of the State of Illinois or
15his or her duly appointed representative.
16    "Establishment" means all premises where animals, poultry,
17or both, are slaughtered or otherwise prepared either for
18custom, resale, or retail for food purposes, meat or poultry
19canneries, sausage factories, smoking or curing operations,
20restaurants, grocery stores, brokerages, cold storage plants,
21processing plants, and similar places.
22    "Federal Food, Drug, and Cosmetic Act" means the Act
23approved June 25, 1938 (52 Stat. 1040), as now or hereafter
24amended.
25    "Federal inspection" means the meat and poultry inspection
26service conducted by the United States Department of

 

 

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1Agriculture by the authority of the Federal Meat Inspection Act
2and the Federal Poultry Products Inspection Act.
3    "Federal Meat Inspection Act" means the Act approved March
44, 1907 (34 Stat. 1260), as now or hereafter amended by the
5Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
6    "Illinois inspected and condemned" means that the meat or
7poultry product so identified and marked is unhealthful,
8unwholesome, adulterated, or otherwise unfit for human food and
9shall be disposed of in the manner prescribed by the
10Department.
11    "Illinois inspected and passed" means that the meat or
12poultry product so stamped and identified has been inspected
13and passed under the provisions of this Act and the rules and
14regulations pertaining thereto at the time of inspection and
15identification was found to be sound, clean, wholesome, and
16unadulterated.
17    "Illinois retained" means that the meat or poultry product
18so identified is held for further clinical examination by a
19veterinary inspector to determine its disposal.
20    "Immediate container" means any consumer package or any
21other container in which livestock products or poultry
22products, not consumer packaged, are packed.
23    "Inspector" means any employee of the Department
24authorized by the Director to inspect animals and poultry or
25meat and poultry products.
26    "Label" means a display of written, printed, or graphic

 

 

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1matter upon any article or the immediate container, not
2including package liners, of any article.
3    "Labeling" means all labels and other written, printed, or
4graphic matter (i) upon any article or any of its containers or
5wrappers or (ii) accompanying the article.
6    "Meat broker", "poultry broker", or "meat and poultry
7broker" means any person, firm, or corporation engaged in the
8business of buying, negotiating for purchase of, handling or
9taking possession of, or selling meat or poultry products on
10commission or otherwise purchasing or selling of such articles
11other than for the person's own account in their original
12containers without changing the character of the products in
13any way. A broker shall not possess any processing equipment in
14his or her licensed facility.
15    "Meat food product" means any product capable of use as
16human food that is made wholly or in part from any meat or
17other portion of the carcass of any cattle, sheep, swine, or
18goats, except products that contain meat or other portions of
19such carcasses only in a relatively small proportion or
20products that historically have not been considered by
21consumers as products of the meat food industry and that are
22exempted from definition as a meat food product by the Director
23under such conditions as the Director may prescribe to assure
24that the meat or other portions of such carcass contained in
25such product are not adulterated and that such products are not
26represented as meat food products. This term as applied to food

 

 

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1products of equines or domestic deer shall have a meaning
2comparable to that provided in this definition with respect to
3cattle, sheep, swine, and goats.
4    "Misbranded" means any carcass, part thereof, meat or meat
5food product, or poultry or poultry food product if:
6        (1) its labeling is false or misleading in any
7    particular;
8        (2) it is offered for sale under the name of another
9    food;
10        (3) it is an imitation of another food, unless its
11    label bears, in type of uniform size and prominence, the
12    word "imitation" followed immediately by the name of the
13    food imitated;
14        (4) its container is made, formed, or filled so as to
15    be misleading;
16        (5) it does not bear a label showing (i) the name and
17    place of business of the manufacturer, packer, or
18    distributor and (ii) an accurate statement of the quantity
19    of the contents in terms of weight, measure, or numerical
20    count; however, reasonable variations in such statement of
21    quantity may be permitted;
22        (6) any word, statement, or other information required
23    by or under authority of this Act to appear on the label or
24    other labeling is not prominently placed thereon with such
25    conspicuousness as compared with other words, statements,
26    designs, or devices in the labeling and in such terms as to

 

 

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1    make the label likely to be read and understood by the
2    general public under customary conditions of purchase and
3    use;
4        (7) it purports to be or is represented as a food for
5    which a definition and standard of identity or composition
6    is prescribed in Sections 13 and 16 of this Act unless (i)
7    it conforms to such definition and standard and (ii) its
8    label bears the name of the food specified in the
9    definition and standard and, as required by such
10    regulations, the common names of optional ingredients
11    other than spices and flavoring present in such food;
12        (8) it purports to be or is represented as a food for
13    which a standard of fill of container is prescribed in
14    Section 13 of this Act and it falls below the applicable
15    standard of fill of container applicable thereto, unless
16    its label bears, in such manner and form as such
17    regulations specify, a statement that it falls below such
18    standard;
19        (9) it is not subject to the provisions of paragraph
20    (7), unless its label bears (i) the common or usual name of
21    the food, if any, and (ii) if it is fabricated from 2 or
22    more ingredients, the common or usual name of each
23    ingredient, except that spices and flavorings may, when
24    authorized by standards or regulations adopted in or as
25    provided by Sections 13 and 16 of this Act, be designated
26    as spices and flavorings without naming each;

 

 

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1        (10) it purports to be or is represented for special
2    dietary uses, unless its label bears such information
3    concerning its vitamin, mineral, and other dietary
4    properties as determined by the Secretary of Agriculture of
5    the United States in order to fully inform purchasers as to
6    its value for such uses;
7        (11) it bears or contains any artificial flavoring,
8    artificial coloring, or chemical preservative, unless it
9    bears labeling stating that fact or is exempt; or
10        (12) it fails to bear, directly thereon or on its
11    container, the inspection legend and unrestricted by any of
12    the foregoing provisions, such other information as
13    necessary to assure that it will not have false or
14    misleading labeling and that the public will be informed of
15    the manner of handling required to maintain the article in
16    a wholesome condition.
17    "Official establishment" means any establishment as
18determined by the Director at which inspection of the slaughter
19of livestock or poultry or the preparation of livestock
20products or poultry products is maintained under the authority
21of this Act.
22    "Official mark of inspection" means the official mark of
23inspection used to identify the status of any meat product or
24poultry product or animal under this Act as established by
25rule.
26    Prior to the manufacture, a complete and accurate

 

 

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1description and design of all the brands, legends, and symbols
2shall be submitted to the Director for approval as to
3compliance with this Act. Each brand or symbol that bears the
4official mark shall be delivered into the custody of the
5inspector in charge of the establishment and shall be used only
6under the supervision of a Department employee. When not in
7use, all such brands and symbols bearing the official mark of
8inspection shall be secured in a locked locker or compartment,
9the keys of which shall not leave the possession of Department
10employees.
11    "Person" means any individual or entity, including, but not
12limited to, a sole proprietorship, partnership, corporation,
13cooperative, association, limited liability company, estate,
14or trust.
15    "Pesticide chemical", "food additive", "color additive",
16and "raw agricultural commodity" have the same meanings for
17purposes of this Act as under the federal Food, Drug, and
18Cosmetic Act.
19    "Poultry" means domesticated birds or rabbits, or both,
20dead or alive, capable of being used for human food.
21    "Poultry products" means the carcasses or parts of
22carcasses of poultry produced entirely or in substantial part
23from such poultry, including but not limited to such products
24cooked, pressed, smoked, dried, pickled, frozen, or similarly
25processed.
26    "Poultry Products Inspection Act" means the Act approved

 

 

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1August 28, 1957 (71 Stat. 441), as now or hereafter amended by
2the Wholesome Poultry Products Act, approved August 18, 1968
3(82 Stat. 791), as now or hereafter amended.
4    "Poultry Raiser" means any person who raises poultry,
5including rabbits, on his or her own farm or premises who does
6not qualify as a producer as defined under this Act.
7    "Processor" means any person engaged in the business of
8preparing food from animals, including poultry, derived wholly
9or in part from livestock or poultry carcasses or parts or
10products of such carcasses.
11    "Shipping container" means any container used or intended
12for use in packaging the product packed in an immediate
13container.
14    "Slaughterer" means an establishment where any or all of
15the following may be performed on animals or poultry: (i)
16stunning; (ii) bleeding; (iii) defeathering, dehairing, or
17skinning; (iv) eviscerating; or (v) preparing carcasses for
18chilling.
19    "State inspection" means the meat and poultry inspection
20service conducted by the Department of Agriculture of the State
21of Illinois by the authority of this Act.
22(Source: P.A. 94-1052, eff. 1-1-07.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".