(225 ILCS 650/13)
(from Ch. 56 1/2, par. 313)
Official inspection legend, marking and labeling.
(a) It is unlawful for any person except employees of the United States
Department of Agriculture, the Department or an authorized municipal
inspection department to possess, use, or keep an inspection stamp, mark,
or brand provided or used for stamping, marking, branding, or otherwise
identifying carcasses of meat or poultry products, or to possess, use or
keep any stamp, mark or brand having thereon a device, words, or insignia
the same or similar in character or import to the stamps, marks, or brands
provided or used by the United States Department of Agriculture, the State
Department of Agriculture or any approved municipal inspection department
for stamping, marking, branding or otherwise identifying the carcasses of
meat or poultry or meat and poultry products or parts thereof intended for
(b) When any meat or meat food product which has been inspected as
provided in this Act and marked "Illinois Inspected and Passed" is placed
or packed in an immediate container in
any establishment where inspection under this Act is maintained, the
person, firm, or corporation preparing the product shall
attach a label as required to the immediate container under supervision of an inspector. The label shall state that the
contents have been "Illinois Inspected and Passed" under this Act,
and no inspection and examination of meat or meat food products or poultry
or poultry food products deposited or enclosed in an immediate container in any establishment where inspection under
this Act is maintained is complete until the meat or meat food
products or poultry or poultry food products have been sealed or enclosed
an immediate container
under the supervision of an inspector.
At minimum, all amenable products derived from inspected meat, meat food
products, poultry, or poultry food products shall bear a mark with an
establishment name, owner/customer name, and handling statement.
(c) All carcasses, parts of carcasses, meat, meat food products,
poultry, or poultry food products inspected at any establishment under the
authority of this Act and found to be not adulterated shall at the time
they leave the establishment bear in distinctly legible form, directly
thereon or on their containers, as the Director may require, the
information required under Section 2.20 of this Act.
(d) The styles and sizes of
type to be used with respect to material required to be incorporated in
labeling to avoid misbranding, false or misleading labeling of any articles
subject to this Act, definitions and standards of identity or
composition for articles subject to this Act, and standards of fill of
containers for the articles shall be the standards as established
under the Federal Food, Drug, and Cosmetic Act or the Federal Meat Inspection
(e) No article subject to this Act shall be sold or offered for sale by
any person, firm, or corporation under any name or other marking or
labeling which is false or misleading, or in any container of a misleading
form or size. Established product names and other marking and labeling and
containers which are not false or misleading and which are approved by the
Director are permitted.
(f) If the Director has reason to believe that any marking or labeling
or the size or form of any container in use or proposed for use with
respect to any article subject to this Act is false or misleading in any
particular, he may direct that the use be withheld unless the
marking, labeling, or container is modified in a manner as he may
prescribe so that it will not be false or misleading. If the person, firm,
or corporation using or proposing to use the marking, labeling, or
container does not accept the determination of the Director, the person,
firm, or corporation may request a hearing, but the use of
the marking, labeling, or container shall, if the Director so directs, be
withheld pending hearing and final determination by the Director. Any
determination by the Director shall be conclusive unless within 30 days
after receipt of notice of the final
determination, the person, firm, or corporation adversely affected appeals
to the appropriate authority.
(g) No person, firm, or corporation shall advertise for sale, solicit,
offer to sell or sell meats or frozen foods intended for storage in locker
boxes, home freezers or freezer units by newspapers, handbills, placards,
radio, television or other medium unless the advertising is truthful and
accurate. The advertising shall not be misleading or deceiving in respect
to grade, quality, quantity, price per pound or piece, or in any other
manner. For grade determination of meats, the grades shall conform with
United States Department of Agriculture standards for designating meat
grades and the standards of this Act.
No person advertising, offering for sale or selling any carcasses or parts
thereof or food plan shall engage in any misleading or deceptive practices
and particularly including, but not limited to, the following:
(1) Bait selling.
(A) Disparage or degrade any product advertised
or offered for sale by the seller, or display any product or depiction thereof to any buyer in order to induce the purchase of another product, or represent that a product is for sale when the representation is used primarily to sell another product.
(B) Substitute any product for that ordered by
the buyer without the buyer's consent.
(C) Fail to have available a sufficient quantity
of any product represented as being for sale to meet reasonably anticipated demands.
(2) Price representation.
(A) Use any price list related to the seller's
food plan that contains prices other than the seller's current billing prices.
(B) Misrepresent the amount of money that the
buyer will save on purchases of any products that are not of the same grade or quality.
(C) Fail to disclose fully and conspicuously in
at least 10 point type any charge for cutting, wrapping, freezing, delivery or other services.
(D) Represent the price of any meat product to be
offered for sale in bundles in units larger than one pound in terms other than price per single pound for meat products in at least 10 point type except when the advertisement or offer for sale pertains to containers of meat products weighing 15 pounds or less.
(3) Product representation.
(A) Misrepresent the cut, grade, brand or trade
name, or weight or measure of any product.
(B) Use the abbreviation "U.S." in describing a
product not graded by the United States Department of Agriculture, except that product may be described as "U.S. Inspected" when true.
(C) Misrepresent a product through the use of any
term similar to a government grade.
(E) Advertise or offer for sale any combinations
of parts of carcasses with one unit price, except when the advertisement or offer for sale pertains to combinations consisting only of poultry or poultry products.
(F) Fail to disclose fully and conspicuously the
correct government grade for any product if the product is represented as having been graded.
(G) Fail to disclose fully and conspicuously that
the yield of consumable meat from any carcass or part of a carcass will be less than the weight of the carcass or part thereof. The seller shall, for each carcass or part of carcass advertised, use separately and distinctly (in at least 10 point type) the following disclosure: "Sold hanging weight subject to cutting loss".
(H) Misrepresent the amount or proportion of
retail cuts that a carcass or part of carcass will yield.
(J) Fail to disclose fully and conspicuously
whether a quarter of a carcass is the front or hind quarter, and "quarters" or "sides" or "halves" must consist of only anatomically natural proportions of cuts from front or hind quarters. A "pre-trimmed side", "packer-trimmed side" or similar term describing part of a carcass shall not be represented as a side or quarter of beef, and the descriptions shall not be used for comparison to induce the sale of the product.
(K) Represent any part of a carcass as a "half"
or "side" unless it consists exclusively of a front and hind quarter. Both quarters must be from the same side of the same animal unless the seller discloses fully and conspicuously that they are from different sides or different animals as the case may be. Each quarter shall be of the same grade or quality as the other quarters comprising the half or side and the seller shall advise the buyer of the weight of each quarter prior to sale. In selling quarters individually or as part of a half or side, if actual weights are not known or cannot be determined prior to sale, approximate weights may be used, provided the buyer is informed that the weights are approximate, the weights are so identified on any purchase order or contract, and the seller agrees with the buyer, in writing, to make a cash refund or grant a credit on delivery for the difference between actual weight and the approximate weight on which the sale was made.
(L) Use the words, "bundle", "sample order",
"split side", or words of similar import to describe a quantity of meat or poultry unless the seller itemizes each cut and the weight thereof which the buyer will receive.
(M) Advertise or offer free, bonus, extra
product, or service combined with or conditioned on the purchase of any other product or service unless the additional product or service is accurately described including, whenever applicable, grade, net weight or measure, type, and brand or trade name. The words "free", "bonus", or other words of similar import shall not be used in any advertisement unless the advertisement clearly and conspicuously sets forth the total price or amount that must be paid to entitle the buyer to the additional product or service.
(N) Misrepresent the breed, origin, or diet of
slaughtered animals or parts thereof offered for sale. Sellers making these claims shall have written records available to substantiate the fact.
(Source: P.A. 91-170, eff. 1-1-00