225 ILCS 650/5

(225 ILCS 650/5) (from Ch. 56 1/2, par. 305)

(Text of Section before amendment by P.A. 104-210)

Sec. 5. Exemptions - Producers, Retailers, and Poultry Raisers.

The following types of establishments are exempt from the specific provisions of this Act:

(A) A "producer" means any person engaged in producing agricultural products, for personal or family use, on whose farm the number of animals or poultry is in keeping with the size of the farm or with the volume or character of the agricultural products produced thereon, but does not mean any person engaged in producing agricultural products who:

1. actively engages in buying or trading animals or poultry or both; or

2. actively engages directly or indirectly in conducting a business which includes the slaughter of animals or poultry or both, for human food purposes; or

3. actively engages, directly or indirectly, in canning, curing, pickling, freezing, salting meat or poultry, or in preparing meat or poultry products for sale; or

4. slaughters or permits any person to slaughter on his or their farm animals or poultry not owned by the producer for more than 30 days.

(A-5) Retail dealers or retail butchers with respect to meat or poultry products sold directly to consumers in retail stores; provided, that the only processing operation performed by such retail dealers or retail butchers is the cutting up of meat or poultry products which have been inspected under the provisions of this Act and is incidental to the operation of the retail food store.

(B) Poultry raisers with respect to poultry raised on their own farms or premises (a) if such raisers slaughter, eviscerate, or further process not more than 5,000 poultry during the calendar year for which this exemption is being granted; (b) such poultry raisers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms or premises; (c) such poultry or poultry products are slaughtered, otherwise prepared, sold or delivered to the consumer on or from the premises for which the exemption is given; (d) such slaughter or preparation shall be performed in sanitary facilities, in a sanitary manner, and subject to periodic inspection by Department personnel; (e) persons desiring such exemptions shall submit in writing a request to the Department. The exemption shall be effective upon written notice from the Department and shall remain in effect for a period of 2 years, unless revoked. Adequate records must be maintained to assure that not more than the number of exempted poultry are slaughtered or processed in one calendar year. Such records shall be kept for one year following the termination of each exemption. Any advertisement regarding the exempt poultry or poultry products shall reflect the fact of exemption so as not to mislead the consumer to presume official inspection has been made under the Meat and Poultry Inspection Act.

(Source: P.A. 91-170, eff. 1-1-00; 91-614, eff. 1-1-00; 92-16, eff. 6-28-01.)

(Text of Section after amendment by P.A. 104-210)

Sec. 5. Exemptions; producers, retailers, and poultry raisers.

The following types of establishments are exempt from the specific provisions of this Act:

(A) A "producer" means any person engaged in producing agricultural products, for personal or family use, on whose farm the number of animals or poultry is in keeping with the size of the farm or with the volume or character of the agricultural products produced thereon, but does not mean any person engaged in producing agricultural products who:

1. actively engages in buying or trading animals or poultry or both; or

2. actively engages directly or indirectly in conducting a business which includes the slaughter of animals or poultry or both, for human food purposes; or

3. actively engages, directly or indirectly, in canning, curing, pickling, freezing, salting meat or poultry, or in preparing meat or poultry products for sale.

(A-5) Retail dealers or retail butchers with respect to meat or poultry products sold directly to consumers in retail stores; provided, that the only processing operation performed by such retail dealers or retail butchers is the cutting up of meat or poultry products which have been inspected under the provisions of this Act and is incidental to the operation of the retail food store.

(B) Poultry raisers with respect to poultry raised on their own farms or premises if:

(a) such raisers slaughter, eviscerate, or further process not more than 7,500 poultry during the calendar year for which this exemption is being granted;

(b) such poultry raisers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms or premises;

(c) such poultry or poultry products are slaughtered, otherwise prepared, sold or delivered to the consumer on or from the premises for which the exemption is given, including sales at the poultry raiser's farm, at a farmers' market, at a roadside stand, or through delivery to the consumer;

(d) such slaughter or preparation shall be performed in sanitary facilities, in a sanitary manner, and subject to periodic inspection by Department personnel;

(e) persons desiring such exemptions shall submit in writing a request to the Department;

(f) there is at least one person who is responsible for all periods of operation for the premises for which the exemption is given who has successfully obtained a certification as a Certified Food Protection Manager from a program that is accredited by the American National Standards Institute;

(g) the poultry products are labeled in at least 10-point font to include the producer's name and address, the date on which the poultry product was processed, and the statement "NOT INSPECTED-Exempt P.L. 90-492";

(h) at the point of sale, notice is provided in a prominent location and states the following: "These poultry products were processed in an on-farm facility that is exempt from continuous inspection by the Illinois Department of Agriculture or the United States Department of Agriculture.". A notice on a physical display shall be prominently displayed on a placard in at least 18-point font. A notice displayed online shall be displayed in the form of a message on the farm's online sales interface at the point of sale;

(i) at the point of sale at farmers' markets, information in the form of a placard, flyer, or product label shall be provided to consumers regarding safe handling instructions for poultry or poultry products produced under this Section as described in 9 CFR 381.125(b) with the rationale statement provided in 9 CFR 381.125(b)(2)(ii);

(j) poultry and poultry products produced under this Section shall be maintained at temperatures as provided in Section 3.3 of the Food Handling Regulation Enforcement Act during storage, transportation, shipping, and delivery; and

(k) poultry or poultry products produced under this Section that are sold, offered for sale, or otherwise distributed at farmers' markets shall be sealed in a watertight or leakproof bag or other watertight or leakproof packaging.

An exemption under this Section shall be effective upon written notice from the Department and shall remain in effect for a period of 2 years, unless revoked. Adequate records must be maintained to assure that not more than the number of exempted poultry are slaughtered or processed in one calendar year. Such records shall be kept for one year following the termination of each exemption. Any advertisement regarding the exempt poultry or poultry products shall reflect the fact of exemption so as not to mislead the consumer to presume official inspection has been made under the Meat and Poultry Inspection Act.

(Source: P.A. 104-210, eff. 1-1-26.)