Full Text of HB2820 95th General Assembly
HB2820eng 95TH GENERAL ASSEMBLY
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LRB095 06449 RAS 26550 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Meat and Poultry Inspection Act is amended | 5 |
| by changing Section 5.2 as follows:
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| (225 ILCS 650/5.2)
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| Sec. 5.2. Type II licenses.
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| (a) Type II establishments licensed
under this Act for | 9 |
| custom slaughtering and custom processing
shall:
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| (1) Be permitted to receive, for processing, meat | 11 |
| products
and poultry products from animals and poultry | 12 |
| slaughtered by the
owner or for the owner for his or her | 13 |
| own personal use or for use by
his or her household.
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| (2) Be permitted to receive live animals and poultry
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| presented by the owner to be slaughtered and processed for | 16 |
| the
owner's own personal use or for use by his or her | 17 |
| household.
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| (3) Be permitted to receive, for processing, inspected | 19 |
| meat
products and inspected poultry products for the | 20 |
| owner's own
personal use or for use by his or her | 21 |
| household.
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| (4) Stamp the words "NOT FOR SALE-NOT INSPECTED" in | 23 |
| letters at least 3/8
inches in height on all carcasses of |
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| animals and immediate poultry product
containers for | 2 |
| poultry
slaughtered in such establishment and on all meat | 3 |
| products and
immediate poultry product containers for | 4 |
| poultry products processed in that
establishment.
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| (5) Conspicuously display a license issued by the | 6 |
| Department
and bearing the words "NO SALES PERMITTED".
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| (6) Keep a record of the name and address of the owner | 8 |
| of
each carcass or portion thereof received in such | 9 |
| licensed
establishment, the date received, and the dressed | 10 |
| weight. Such
records shall be maintained for at least one | 11 |
| year and shall be
available, during reasonable hours, for | 12 |
| inspection by Department
personnel.
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| (b) No custom slaughterer or custom processor shall engage
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| in the business of buying or selling any poultry or meat | 15 |
| products
capable of use as human food, or slaughter of any | 16 |
| animals or
poultry intended for sale.
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| (c) Each Type II licensee shall develop, implement, and | 18 |
| maintain written standard operating procedures for sanitation, | 19 |
| which shall be known as Sanitation SOPs, in accordance with all | 20 |
| of the following requirements: | 21 |
| (1) The Sanitation SOPs must describe all procedures | 22 |
| that a Type II licensee shall conduct daily, before and | 23 |
| during operations, sufficient to prevent direct | 24 |
| contamination or adulteration of products. | 25 |
| (2) The Sanitation SOPs must be signed and dated by the | 26 |
| individual with overall authority on-site or a higher level |
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| official of the establishment. This signature shall | 2 |
| signify that the establishment shall implement the | 3 |
| Sanitation SOPs as specified and maintain the Sanitation | 4 |
| SOPs in accordance with the requirements of this subsection | 5 |
| (c). The Sanitation SOPs must be signed and dated upon the | 6 |
| initial implementation of the Sanitation SOPs and upon any | 7 |
| modification to the Sanitation SOPs. | 8 |
| (3) Procedures set forth in the Sanitation SOPs that | 9 |
| are to be conducted prior to operations must be identified | 10 |
| as such and must address, at a minimum, the cleaning of | 11 |
| food contact surfaces of facilities, equipment, and | 12 |
| utensils. | 13 |
| (4) The Sanitation SOPs must specify the frequency with | 14 |
| which each procedure in the Sanitation SOPs shall be | 15 |
| conducted and identify the establishment employees | 16 |
| responsible for the implementation and maintenance of the | 17 |
| procedures. | 18 |
| (5) Prior to the start of operations, each licensee | 19 |
| must conduct the pre-operational procedures in the | 20 |
| Sanitation SOPs. All other procedures set forth in the | 21 |
| Sanitation SOPs must be conducted at the frequencies | 22 |
| specified. | 23 |
| (6) The implementation of the procedures set forth in | 24 |
| the Sanitation SOPs must be monitored daily by the | 25 |
| licensee. | 26 |
| (7) A licensee must routinely evaluate the |
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| effectiveness of the Sanitation SOPs and the procedures set | 2 |
| forth therein in preventing direct contamination or | 3 |
| adulteration of products and shall revise both as necessary | 4 |
| to keep the Sanitation SOPs and the procedures set forth | 5 |
| therein effective and current with respect to changes in | 6 |
| facilities, equipment, utensils, operations, or personnel. | 7 |
| (8) A licensee must take appropriate corrective action | 8 |
| when either the establishment itself or the Department | 9 |
| determines that the Sanitation SOPs or the procedures | 10 |
| specified therein or the implementation or maintenance of | 11 |
| the Sanitation SOPs may have failed to prevent direct | 12 |
| contamination or adulteration of products. Corrective | 13 |
| actions include procedures to ensure appropriate | 14 |
| disposition of products that may be contaminated, restore | 15 |
| sanitary conditions, and prevent the recurrence of direct | 16 |
| contamination or adulteration of products, such as | 17 |
| appropriate reevaluation and modification of the | 18 |
| Sanitation SOPs and the procedures specified therein or | 19 |
| appropriate improvements in the execution of the | 20 |
| Sanitation SOPs or the procedures specified therein. | 21 |
| (9) A licensee must maintain daily records sufficient | 22 |
| to document the implementation and monitoring of the | 23 |
| Sanitation SOPs and any corrective actions taken. The | 24 |
| establishment employees specified in the Sanitation SOPs | 25 |
| as being responsible for the implementation and monitoring | 26 |
| of the procedures set forth in the Sanitation SOPs must |
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| authenticate these records with their initials and the | 2 |
| date. The records required to be maintained under this item | 3 |
| (9) may be maintained on computers, provided that the | 4 |
| establishment implements appropriate controls to ensure | 5 |
| the integrity of the electronic data. Records must be | 6 |
| maintained for at least 6 months and made available to the | 7 |
| Department upon request. All records must be maintained at | 8 |
| the licensed establishment for 48 hours following | 9 |
| completion, after which the records may be maintained | 10 |
| off-site, provided that the records may be made available | 11 |
| to the Department within 24 hours of request. | 12 |
| (10) The Department shall verify the adequacy and | 13 |
| effectiveness of the Sanitation SOPs and the procedures | 14 |
| specified therein by determining that they meet the | 15 |
| requirements of this subsection (c). This verification may | 16 |
| include the following: | 17 |
| (A) reviewing the Sanitation SOPs; | 18 |
| (B) reviewing the daily records documenting the | 19 |
| implementation of the Sanitation SOPs and the | 20 |
| procedures set forth therein and any corrective | 21 |
| actions taken or
required to be taken; | 22 |
| (C) direct observation of the implementation of | 23 |
| the Sanitation SOPs and the procedures specified | 24 |
| therein and any corrective actions taken or required to | 25 |
| be taken;
and | 26 |
| (D) direct observation or testing to assess the |
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| sanitary conditions within the establishment. | 2 |
| (d) Each Type II licensee that slaughters livestock must | 3 |
| test for Escherichia coli Biotype 1 (E. coli). Licensees that | 4 |
| slaughter more than one type of livestock or both livestock and | 5 |
| poultry must test the type of livestock or poultry slaughtered | 6 |
| in the greatest number. The testing required under this | 7 |
| subsection (d) must meet all of the following requirements: | 8 |
| (1) A licensee must prepare written specimen | 9 |
| collection procedures that identify the employees | 10 |
| designated to collect samples and must address (i) | 11 |
| locations of sampling, (ii) the ways in which sampling | 12 |
| randomness is achieved, and (iii) the handling of samples | 13 |
| to ensure sample integrity. This written procedure must be | 14 |
| made available to the Department upon request. | 15 |
| (2) Livestock samples must be collected from all | 16 |
| chilled livestock carcasses, except those boned before | 17 |
| chilling (hot-boned), which must be sampled after the final | 18 |
| wash. Samples must be collected in the following manner: | 19 |
| (A) for cattle, establishments must sponge or | 20 |
| excise tissue from the flank, brisket, and rump, except | 21 |
| for hide-on calves, in which case establishments must | 22 |
| take samples by sponging from inside the flank, inside | 23 |
| the brisket, and inside the rump; | 24 |
| (B) for sheep and goats, establishments must | 25 |
| sponge from the flank, brisket, and rump, except for | 26 |
| hide-on carcasses, in which case establishments must |
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| take samples by sponging from inside the flank, inside | 2 |
| the brisket, and inside the rump; | 3 |
| (C) for swine carcasses, establishments must | 4 |
| sponge or excise tissue from the ham, belly, and jowl | 5 |
| areas. | 6 |
| (3) A licensee must collect at least one sample per | 7 |
| week, starting the first full week of operation after June | 8 |
| 1 of each year, and continue sampling at a minimum of once | 9 |
| each week in which the establishment operates until June 1 | 10 |
| of the following year or until 13 samples have been | 11 |
| collected, whichever is sooner. | 12 |
| (4) Upon a licensee's meeting the requirements of item | 13 |
| (3) of this subsection (d), weekly sampling and testing | 14 |
| shall be optional, unless changes are made in establishment | 15 |
| facilities, equipment, personnel, or procedures that may | 16 |
| affect the adequacy of existing process control measures, | 17 |
| as determined by the licensee or the Department. | 18 |
| Determinations made by the Department that changes have | 19 |
| been made requiring the resumption of weekly testing must | 20 |
| be provided to the licensee in writing. | 21 |
| (5) Laboratories may use any quantitative method for | 22 |
| the analysis of E. coli that is approved as an AOAC | 23 |
| Official Method of the AOAC International (formerly the | 24 |
| Association of Official Analytical Chemists) or approved | 25 |
| and published by a scientific body and based on the results | 26 |
| of a collaborative trial conducted in accordance with an |
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| internationally recognized protocol on collaborative | 2 |
| trials and compared against the 3 tube Most Probable Number | 3 |
| (MPN) method and agreeing with the 95% upper and lower | 4 |
| confidence limit of the appropriate MPN index. | 5 |
| (6) A licensee must maintain accurate records of all | 6 |
| test results, in terms of CFU/cm 2 of surface area sponged | 7 |
| or excised. Results must be recorded onto a process control | 8 |
| chart or table showing at least the most recent 13 test | 9 |
| results, by type of livestock slaughtered. Records shall be | 10 |
| retained at the establishment for a period of 12 months and | 11 |
| made available to the Department upon request. | 12 |
| (7) Licensees must meet the following criteria for the | 13 |
| evaluation of test results: | 14 |
| (A) A licensee excising samples from carcasses | 15 |
| shall be deemed as operating within the criteria of | 16 |
| this item (7) when the most recent E. coli test result | 17 |
| does not exceed the upper limit (M), and the number of | 18 |
| samples, if any, testing positive at levels above (m) | 19 |
| is 3 or fewer out of the most recent 13 samples (n) | 20 |
| taken, as follows:
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| Evaluation of E. Coli Test Results
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22 | | Type of
| Lower limit
| Upper limit
| Number
| Max number
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23 | | Livestock
| of marginal
| of marginal
| samples
| permitted
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| 1 | | | 2 | | | range
| range
| collected
| in marginal range
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4 | | | (m)
| (M) | (n)
| (c) |
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5 | | Cattle
| Negative a
| 100 CFU/cm 2
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6 | | Swine
| 10 CFU/cm 2
| 10,000 CFU/cm
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| 3
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| a Negative is defined by the sensitivity of the method used in | 8 |
| the baseline study with a limit of sensitivity of at least 5 | 9 |
| CFU/cm 2 carcass surface area.
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| (B) A licensee sponging carcasses shall evaluate | 11 |
| E. coli test results using statistical process control | 12 |
| techniques.
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| (8) Test results that do not meet the criteria set | 14 |
| forth in item (7) of this subsection (d) are an indication | 15 |
| that the establishment may not be maintaining process | 16 |
| controls sufficient to prevent fecal contamination. The | 17 |
| Department shall take further action as appropriate to | 18 |
| ensure that all applicable provisions of this Section are | 19 |
| being met. | 20 |
| (e) Each Type II licensee that slaughters poultry shall | 21 |
| test for Escherichia coli Biotype 1 (E. coli). Licensees that | 22 |
| slaughter more than one type of poultry or poultry and | 23 |
| livestock, shall test the type of poultry or livestock | 24 |
| slaughtered in the greatest number. The testing required under | 25 |
| this subsection (e) must meet all of the following |
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HB2820 Engrossed |
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LRB095 06449 RAS 26550 b |
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| requirements:
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| (1) A licensee must prepare written specimen | 3 |
| collection procedures that identify the employees | 4 |
| designated to collect samples and must address (i) | 5 |
| locations of sampling, (ii) the ways in which sampling | 6 |
| randomness is achieved, and (iii) the handling of samples | 7 |
| to ensure sample integrity. This written procedure must be | 8 |
| made available to the Department upon request. | 9 |
| (2) When collecting poultry samples, a whole bird must | 10 |
| be taken from the end of the slaughter line. Samples must | 11 |
| be collected by rinsing the whole carcass in an amount of | 12 |
| buffer appropriate for that type of bird. Samples from | 13 |
| turkeys or ratites also may be collected by sponging the | 14 |
| carcass on the back and thigh. | 15 |
| (3) Licensees that slaughter turkeys, ducks, geese, | 16 |
| guineas, squabs, or ratites in the largest number must | 17 |
| collect at least one sample during each week of operation | 18 |
| after June 1 of each year, and continue sampling at a | 19 |
| minimum of once each week that the establishment operates | 20 |
| until June 1 of the following year or until 13 samples have | 21 |
| been collected, whichever is sooner. | 22 |
| (4) Upon a licensee's meeting the requirements of item | 23 |
| (3) of this subsection (e), weekly sampling and testing | 24 |
| shall be optional, unless changes are made in establishment | 25 |
| facilities, equipment, personnel, or procedures that may | 26 |
| affect the adequacy of existing process control measures, |
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LRB095 06449 RAS 26550 b |
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| as determined by the licensee or by the Department. | 2 |
| Determinations by the Department that changes have been | 3 |
| made requiring the resumption of weekly testing must be | 4 |
| provided to the licensee in writing. | 5 |
| (5) Laboratories may use any quantitative method for | 6 |
| the analysis of E. coli that is approved as an AOAC | 7 |
| Official Method of the AOAC International (formerly the | 8 |
| Association of Official Analytical Chemists) or approved | 9 |
| and published by a scientific body and based on the results | 10 |
| of a collaborative trial conducted in accordance with an | 11 |
| internationally recognized protocol on collaborative | 12 |
| trials and compared against the 3 tube Most Probable Number | 13 |
| (MPN) method and agreeing with the 95% upper and lower | 14 |
| confidence limit of the appropriate MPN index. | 15 |
| (6) A licensee must maintain accurate records of all | 16 |
| test results, in terms of CFU/ml of rinse fluid. Results | 17 |
| must be recorded onto a process control chart or table | 18 |
| showing the most recent 13 test results, by type of poultry | 19 |
| slaughtered. Records must be retained at the establishment | 20 |
| for a period of 12 months and made available to the | 21 |
| Department upon request. | 22 |
| (7) A licensee excising samples under this subsection | 23 |
| (e) shall be deemed as operating within the criteria of | 24 |
| this item (7) when the most recent E. coli test result does | 25 |
| not exceed the upper limit (M), and the number of samples, | 26 |
| if any, testing positive at levels above (m) is 3 or fewer |
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LRB095 06449 RAS 26550 b |
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| out of the most recent 13 samples (n) taken, as follows:
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| Evaluation of E. Coli Test Results
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3 | | Type of
| Lower limit
| Upper limit
| Number of
| Number
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4 | | poultry
| of marginal
| of marginal
| samples
| permitted
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5 | | | 6 | | | range | range
| tested
| in marginal range
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8 | | | (m)
| (M)
| (n)
| (c)
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9 | | Chickens
| 100 CFU/ml
| 1,000 CFU/ml
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| 3
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| (8) Test results that do not meet the criteria set | 11 |
| forth in item (7) of this subsection (e) are an indication | 12 |
| that the establishment may not be maintaining process | 13 |
| controls sufficient to prevent fecal contamination. The | 14 |
| Department shall take further action as appropriate to | 15 |
| ensure that all applicable provisions of this Section are | 16 |
| being met. | 17 |
| (Source: P.A. 94-1052, eff. 1-1-07.)
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