There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 650/ Meat and Poultry Inspection Act.
(225 ILCS 650/1) (from Ch. 56 1/2, par. 301)
Sec. 1.
This Act may be cited as the
Meat and Poultry Inspection Act.
(Source: P.A. 86‑1475.)
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(225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
Sec. 2.
Definitions.
As used in this Act:
"Adulterated" means any carcass, or part of a
carcass, meat or meat food product, or poultry or poultry food product if:
(1) it bears or contains any poisonous or | ||
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(2) it bears or contains, because of the | ||
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(3) it is, in whole or in part, a raw agricultural | ||
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(4) it bears or contains any food additive that is | ||
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(5) it bears or contains any color additive which is | ||
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(6) it consists in whole or in part of any filthy, | ||
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(7) it has been prepared, packed, or held under | ||
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(8) it is, in whole or in part, the product of an | ||
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(9) its container is composed, in whole or in part, | ||
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(10) it has been intentionally subjected to | ||
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(11) any valuable constituent has been in whole or | ||
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(12) it bears or contains sodium benzoate or benzoic | ||
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"Animals" means cattle, calves, American bison (buffalo),
catalo, cattalo, sheep, swine, domestic deer, domestic elk,
domestic antelope, domestic reindeer, ratites, water buffalo, and
goats.
"Capable of use as human food" means the carcass of any
animal or poultry, or part or product of a carcass of any animal
or poultry, unless it is denatured to deter its use as human food
or it is naturally inedible by humans.
"Custom processing" means the cutting up, packaging,
wrapping, storing, freezing, smoking, or curing of meat or poultry
products as a service by an establishment for the owner or the
agent of the owner of the meat or poultry products exclusively
for use in the household of the owner and his or her nonpaying guests
and employees
or slaughtering with respect to live poultry purchased by the consumer at this
establishment and processed by a custom plant operator in accordance with the
consumer's instructions.
"Custom slaughter" means the slaughtering, skinning,
defeathering, eviscerating, cutting up, packaging, or wrapping of
animals or poultry as a service by an establishment for the owner
or the agent of the owner of the animals or poultry exclusively
for use in the household of the owner and his or her nonpaying guests
and employees.
"Department" means the Department of Agriculture of the
State of Illinois.
"Director" means, unless otherwise provided, the Director of
the Department of Agriculture of the State of Illinois or his or her
duly appointed representative.
"Establishment" means all premises where animals,
poultry, or both, are slaughtered or otherwise prepared either
for custom, resale, or retail for food purposes, meat or poultry
canneries, sausage factories, smoking or curing operations,
restaurants, grocery stores, brokerages, cold storage plants,
processing plants, and similar places.
"Federal Food, Drug, and Cosmetic Act" means the Act
approved June 25, 1938 (52 Stat. 1040), as now or hereafter
amended.
"Federal inspection" means the meat and poultry inspection
service conducted by the United States Department of Agriculture
by the authority of the Federal Meat Inspection Act and the
Federal Poultry Products Inspection Act.
"Federal Meat Inspection Act" means the Act approved March
4, 1907 (34 Stat. 1260), as now or hereafter amended by the
Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
"Illinois inspected and condemned" means that the meat or
poultry product so identified and marked is unhealthful,
unwholesome, adulterated, or otherwise unfit for human food and
shall be disposed of in the manner prescribed by the Department.
"Illinois inspected and passed" means that the meat or
poultry product so stamped and identified has been inspected and
passed under the provisions of this Act and the rules and
regulations pertaining thereto at the time of inspection and
identification was found to be sound, clean, wholesome, and
unadulterated.
"Illinois retained" means that the meat or poultry product
so identified is held for further clinical examination by a
veterinary inspector to determine its disposal.
"Immediate container" means any consumer package or any
other container in which livestock products or poultry products,
not consumer packaged, are packed.
"Inspector" means any employee of the Department authorized
by the Director to inspect animals and poultry or meat and
poultry products.
"Label" means a display of written, printed, or graphic
matter upon any article or the immediate container, not including
package liners, of any article.
"Labeling" means all labels and other written, printed, or
graphic matter (i) upon any article or any of its containers or
wrappers or (ii) accompanying the article.
"Meat broker", "poultry broker", or "meat and poultry broker"
means any person, firm, or corporation engaged in the business of
buying, negotiating for purchase of, handling or taking
possession of, or selling meat or poultry products on commission
or otherwise purchasing or selling of such articles other than for
the person's own account in their original
containers without changing the character of the products in any
way. A broker shall not possess any processing equipment in his
or her licensed facility.
"Meat food product" means any product capable of use as
human food that is made wholly or in part from any meat or other
portion of the carcass of any cattle, sheep, swine, or goats,
except products that contain meat or other portions of such
carcasses only in a relatively small proportion or products that historically
have not been considered by consumers as products of the meat
food industry and that are exempted from definition as a meat
food product by the Director under such conditions as the
Director may prescribe to assure that the meat or other portions
of such carcass contained in such product are not adulterated and
that such products are not represented as meat food products.
This term as applied to food products of equines or domestic deer
shall have a meaning comparable to that provided in this
definition with respect to cattle, sheep, swine, and goats.
"Misbranded" means any carcass, part thereof, meat or
meat food product, or poultry or poultry food product if:
(1) its labeling is false or misleading in any | ||
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(2) it is offered for sale under the name of another | ||
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(3) it is an imitation of another food, unless its | ||
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(4) its container is made, formed, or filled so as | ||
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(5) it does not bear a label showing (i) the name | ||
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(6) any word, statement, or other information | ||
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(7) it purports to be or is represented as a food | ||
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(8) it purports to be or is represented as a food | ||
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(9) it is not subject to the provisions of paragraph | ||
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(10) it purports to be or is represented for special | ||
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(11) it bears or contains any artificial flavoring, | ||
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(12) it fails to bear, directly thereon or on its | ||
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"Official establishment" means any establishment as
determined by the Director at which inspection of the slaughter
of livestock or poultry or the preparation of livestock products
or poultry products is maintained under the authority of this
Act.
"Official mark of inspection" means the official mark of
inspection used to identify the status of any meat product or
poultry product or animal under this Act as established by rule.
Prior to the manufacture, a complete and accurate
description and design of all the brands, legends, and symbols
shall be submitted to the Director for approval as to compliance
with this Act. Each brand or symbol that bears the official
mark shall be delivered into the custody of the inspector in
charge of the establishment and shall be used only under the
supervision of a Department employee. When not in use, all such
brands and symbols bearing the official mark of inspection shall
be secured in a locked locker or compartment, the keys of which
shall not leave the possession of Department employees.
"Person" means any individual or entity, including, but not
limited to, a sole proprietorship, partnership, corporation,
cooperative, association, limited liability company,
estate, or trust.
"Pesticide chemical", "food additive", "color additive", and
"raw agricultural commodity" have the same meanings for purposes
of this Act as under the federal Food, Drug, and Cosmetic Act.
"Poultry" means domesticated birds or rabbits, or both, dead
or alive, capable of being used for human food.
"Poultry products" means the carcasses or parts of carcasses
of poultry produced entirely or in substantial part from such
poultry, including but not limited to such products cooked,
pressed, smoked, dried, pickled, frozen, or similarly processed.
"Poultry Products Inspection Act" means the Act approved August
28, 1957 (71 Stat. 441), as now or hereafter amended by the
Wholesome Poultry Products Act, approved August 18, 1968 (82 Stat. 791), as now
or hereafter amended.
"Poultry Raiser" means any person who raises poultry,
including rabbits, on his or her own farm or premises who does not
qualify as a producer as defined under
this Act.
"Processor" means any person engaged in the business of
preparing animal food, including poultry, derived wholly or in
part from livestock or poultry carcasses or parts or products of
such carcasses.
"Shipping container" means any container used or intended
for use in packaging the product packed in an immediate
container.
"Slaughterer" means an establishment where any or all of the
following may be performed on animals or poultry: (i) stunning;
(ii) bleeding; (iii) defeathering, dehairing, or skinning; (iv)
eviscerating; or (v) preparing carcasses for chilling.
"State inspection" means the meat and poultry inspection
service conducted by the Department of Agriculture of the State
of Illinois by the authority of this Act.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.1) (from Ch. 56 1/2, par. 302.1)
Sec. 2.1.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.2) (from Ch. 56 1/2, par. 302.2)
Sec. 2.2.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.3) (from Ch. 56 1/2, par. 302.3)
Sec. 2.3.
(Repealed).
(Source: P.A. 83‑759. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.4) (from Ch. 56 1/2, par. 302.4)
Sec. 2.4.
(Repealed).
(Source: P. A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.5) (from Ch. 56 1/2, par. 302.5)
Sec. 2.5.
(Repealed).
(Source: P.A. 79‑869. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.6) (from Ch. 56 1/2, par. 302.6)
Sec. 2.6.
(Repealed).
(Source: P.A. 90‑51, eff. 1‑1‑98. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.7) (from Ch. 56 1/2, par. 302.7)
Sec. 2.7.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.8) (from Ch. 56 1/2, par. 302.8)
Sec. 2.8.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.9) (from Ch. 56 1/2, par. 302.9)
Sec. 2.9.
(Repealed).
(Source: P.A. 79‑869. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.9a) (from Ch. 56 1/2, par. 302.9a)
Sec. 2.9a.
(Repealed).
(Source: P.A. 79‑869. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.10) (from Ch. 56 1/2, par. 302.10)
Sec. 2.10.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.11) (from Ch. 56 1/2, par. 302.11)
Sec. 2.11.
(Repealed).
(Source: P.A. 85‑246. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.12) (from Ch. 56 1/2, par. 302.12)
Sec. 2.12.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.13) (from Ch. 56 1/2, par. 302.13)
Sec. 2.13.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.14) (from Ch. 56 1/2, par. 302.14)
Sec. 2.14.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.15) (from Ch. 56 1/2, par. 302.15)
Sec. 2.15.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.16) (from Ch. 56 1/2, par. 302.16)
Sec. 2.16.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.17) (from Ch. 56 1/2, par. 302.17)
Sec. 2.17.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.18) (from Ch. 56 1/2, par. 302.18)
Sec. 2.18.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.19) (from Ch. 56 1/2, par. 302.19)
Sec. 2.19.
(Repealed).
(Source: P.A. 84‑1350. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.20) (from Ch. 56 1/2, par. 302.20)
Sec. 2.20.
(Repealed).
(Source: P.A. 83‑759. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.21) (from Ch. 56 1/2, par. 302.21)
Sec. 2.21.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.22) (from Ch. 56 1/2, par. 302.22)
Sec. 2.22.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.23) (from Ch. 56 1/2, par. 302.23)
Sec. 2.23.
(Repealed).
(Source: P.A. 83‑759. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.24) (from Ch. 56 1/2, par. 302.24)
Sec. 2.24.
(Repealed).
(Source: P.A. 83‑759. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.25) (from Ch. 56 1/2, par. 302.25)
Sec. 2.25.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.26) (from Ch. 56 1/2, par. 302.26)
Sec. 2.26.
(Repealed).
(Source: P.A. 89‑463, eff. 5‑31‑96. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.28) (from Ch. 56 1/2, par. 302.28)
Sec. 2.28.
(Repealed).
(Source: P.A. 79‑869. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.29) (from Ch. 56 1/2, par. 302.29)
Sec. 2.29.
(Repealed).
(Source: P.A. 79‑869. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.30) (from Ch. 56 1/2, par. 302.30)
Sec. 2.30.
(Repealed).
(Source: P.A. 79‑869. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.31) (from Ch. 56 1/2, par. 302.31)
Sec. 2.31.
(Repealed).
(Source: P.A. 83‑759. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.32) (from Ch. 56 1/2, par. 302.32)
Sec. 2.32.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.33) (from Ch. 56 1/2, par. 302.33)
Sec. 2.33.
(Repealed).
(Source: P.A. 79‑869. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.34) (from Ch. 56 1/2, par. 302.34)
Sec. 2.34.
(Repealed).
(Source: P.A. 79‑869. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.35) (from Ch. 56 1/2, par. 302.35)
Sec. 2.35.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.36) (from Ch. 56 1/2, par. 302.36)
Sec. 2.36.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.37) (from Ch. 56 1/2, par. 302.37)
Sec. 2.37.
(Repealed).
(Source: P.A. 83‑759. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.38) (from Ch. 56 1/2, par. 302.38)
Sec. 2.38.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.39) (from Ch. 56 1/2, par. 302.39)
Sec. 2.39.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.40) (from Ch. 56 1/2, par. 302.40)
Sec. 2.40.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.41) (from Ch. 56 1/2, par. 302.41)
Sec. 2.41.
(Repealed).
(Source: P.A. 82‑255. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.42) (from Ch. 56 1/2, par. 302.42)
Sec. 2.42.
(Repealed).
(Source: P.A. 82‑255. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.43) (from Ch. 56 1/2, par. 302.43)
Sec. 2.43.
(Repealed).
(Source: P.A. 82‑255. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/2.44) (from Ch. 56 1/2, par. 302.44)
Sec. 2.44.
(Repealed).
(Source: P.A. 82‑255. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/3) (from Ch. 56 1/2, par. 303)
Sec. 3.
Licenses.
(a) No person shall operate an establishment as
defined in Section 2 or act as a broker as defined in Section 2
without first securing a license from the Department except as otherwise
exempted.
(b) The following annual fees shall accompany each license application
for the license year from July 1 to June 30 or any part thereof. These
fees are non‑refundable.
Meatbroker, Poultry broker or Meat and Poultry broker
$50
Type I Establishment ‑ Processor, Slaughterer, or | ||
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Type II Establishment ‑ Processor, Slaughterer, or | ||
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Application for licenses shall be made to the Department in writing on
forms prescribed by the Department.
(c) The license issued shall be in such form as the Department
prescribes, shall be under the seal of the Department and shall contain
the name of the licensee, the location for which the license is issued,
the type of operation, the period of the license, and such other
information as the Department requires. The original license or a
certified copy of it shall be conspicuously displayed by the licensee in
the establishment.
(d) Failure to meet all of the conditions to retain a license may result
in a denial of a renewal of a license. The licensee may request an
administrative hearing to dispute the denial of renewal, after which the
Director shall enter an order either renewing or refusing to renew the license.
(e) A penalty of $50 shall be assessed if renewal license applications are
not received by July 1 of each year.
(Source: P.A. 90‑655, eff. 7‑30‑98; 91‑170, eff. 1‑1‑00 .)
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(225 ILCS 650/3.1) (from Ch. 56 1/2, par. 303.1)
Sec. 3.1.
(Repealed).
(Source: P.A. 85‑246. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/4) (from Ch. 56 1/2, par. 304)
Sec. 4.
(Repealed).
(Source: P.A. 76‑357. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/5) (from Ch. 56 1/2, par. 305)
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 | ||
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2. actively engages directly or indirectly in | ||
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3. actively engages, directly or indirectly, in | ||
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4. slaughters or permits any person to slaughter on | ||
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(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.)
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(225 ILCS 650/5.1)
Sec. 5.1.
Type I licenses.
(a) A Type I establishment licensed under this
Act who
sells or offers for sale meat, meat product, poultry, and poultry product
shall, except as otherwise provided:
(1) Be permitted to receive meat, meat product, | ||
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(2) Be permitted to receive live animals and poultry | ||
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(3) May accept meat, meat product, poultry, and | ||
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(b) Before being granted or renewing official inspection, an establishment
must
develop written sanitation Standard Operating Procedures as required by
8 Ill. Adm. Code 125.141.
(c) Before being granted official inspection, an establishment must
conduct a hazard analysis and develop and validate an HACCP plan as
required by 8 Ill. Adm. Code 125.142. A conditional grant of inspection shall
be issued for a period not to exceed 90 days, during which period the
establishment must validate its HACCP plan.
(d) Any establishment licensed under the authority of this Act
that receives
wild game carcasses shall comply with the following requirements regarding
wild game carcasses:
(1) Wild game carcasses shall be dressed prior to | ||
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(2) Wild game carcasses stored in the refrigerated | ||
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(3) A written request shall be made to the | ||
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(4) A written procedure for handling wild game shall | ||
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(5) All equipment used that comes in contact with | ||
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(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/5.2)
Sec. 5.2.
Type II licenses.
(a) Type II establishments licensed
under this Act for custom slaughtering and custom processing
shall:
(1) Be permitted to receive, for processing, meat | ||
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(2) Be permitted to receive live animals and poultry | ||
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(3) Be permitted to receive, for processing, | ||
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(4) Stamp the words "NOT FOR SALE" in letters at | ||
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(5) Conspicuously display a license issued by the | ||
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(6) Keep a record of the name and address of the | ||
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(b) No custom slaughterer or custom processor shall engage
in the business of buying or selling any poultry or meat products
capable of use as human food, or slaughter of any animals or
poultry intended for sale.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/6) (from Ch. 56 1/2, par. 306)
Sec. 6.
Recognition of Federal Inspection.
The provisions of this Act shall not apply to establishments, which
operate subject to the Federal Meat Inspection Act of March 4, 1907, as
amended, or under the Poultry Products Inspection Act of August 28, 1957,
as amended, or to meat or poultry products bearing the official inspection
marks of these services.
(Source: P. A. 76‑357.)
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(225 ILCS 650/7) (from Ch. 56 1/2, par. 307)
Sec. 7.
Administration.
The Director of the Department of Agriculture shall administer this Act.
For the purposes of this Act, the Director may employ graduates of a
veterinary college recognized by the American Veterinary Medical
Association and other persons who have qualified and are skilled in the
inspection of meat and poultry products and any other additional employee,
and he or she may utilize in the enforcement of this Act any employee,
agent or
equipment of the Department. Beginning January 1, 2000, the Director shall
increase the number of inspectors and veterinarians the Director employs for
the purposes of this Act by 10% per year for the next 5 years, subject to
available appropriations.
The Department may establish and maintain laboratory facilities as
necessary to administer this Act.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/8) (from Ch. 56 1/2, par. 308)
Sec. 8.
Medical
Certificate.
The licensee of a Type I establishment shall require all
employees in his establishment to meet
the health requirements established by the Illinois Department of Public
Health. The Director may at any time require an employee of an
establishment to submit to a health examination by a physician. No person
suffering from any communicable disease, including any communicable skin
disease, and no person with infected wounds, and no person who is a
"carrier" of a communicable disease shall work in any
capacity in an
establishment. No person shall work or be employed in or about any
establishment during the time in which a communicable disease exists in the
home in which such person resides unless such person has obtained a
certificate from the state or local health authority to the effect that no
danger of public contagion or infection or adulteration of product will
result from the employment of
such person in such establishment.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/9) (from Ch. 56 1/2, par. 309)
Sec. 9.
Antemortem Inspection.
The Director shall, wherever slaughter operations are
conducted at
an establishment, cause antemortem inspection to be made by inspectors
where and to the extent it determines necessary regarding all
animals and
poultry intended for human food. The owner or operator of any such
establishment shall furnish satisfactory facilities and assistance as
may be required by the Director to facilitate such antemortem
inspection. Facilities shall also be furnished for holding animals or
poultry for further
clinical examination. Such animals or poultry held
for further inspection shall be identified as "Illinois
Suspect" in a manner
determined by the Director. Such reinspection shall be
conducted by
a licensed and approved veterinarian and if a finding is made that the
animals or
poultry show no symptoms of disease or other abnormal conditions, the
animals or poultry may be released for slaughter. Upon
finding symptoms of disease or other abnormal conditions which would
render the animals or poultry unfit for human food, the animals or
poultry shall be tagged or permanently identified as "Illinois Inspected
and Condemned" and unfit for human food and shall be disposed of in
a
manner as prescribed by the Director. Any person who slaughters for
human food such condemned animals or poultry is guilty of a Class 4 felony. No
owner or
person shall be required to hold animals or poultry for a longer period
than 72 hours.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/10) (from Ch. 56 1/2, par. 310)
Sec. 10.
Postmortem Inspection.
The Director shall provide postmortem inspection of all animals or
poultry intended for human food in any Type I establishment in this State. Under no circumstances shall
the carcass of animals or poultry which have died otherwise than by
slaughter be brought into any room in which meat or poultry products are
slaughtered, processed, handled, or stored. The head, tongue, tail,
viscera, and other parts, and blood used in the preparation of meat or
poultry products, or medical products shall be retained in such a manner as
to preserve their identity until after the postmortem examination has been
completed. Carcasses and parts thereof found to be sound, healthful, and
wholesome after inspection and otherwise fit for human food shall be passed
and may be marked in the following manner: "Illinois Inspected and Passed". These
marks may also include any number given the establishment by the
Department. All animal carcasses or parts thereof which are found on
postmortem inspection to be unsound, unhealthful, unwholesome, adulterated,
or otherwise unfit for human food shall be marked conspicuously by the
inspector at the time of inspection with the words: "Illinois Inspected and
Condemned". All poultry carcasses or parts thereof which are found on
postmortem inspection to be unsound, unhealthful, unwholesome, adulterated
or otherwise unfit for human food shall be condemned by depositing each
carcass or part thereof in a suitable, clearly marked "Condemned"
container. All condemned carcasses and parts of animals or poultry under
the supervision of an inspector shall be rendered unfit for human
consumption in a manner approved by the Director. All unborn or stillborn
animals shall be condemned and no hide, skin or any other part thereof
shall be removed within a room where edible meat or poultry products are
handled or prepared.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/11) (from Ch. 56 1/2, par. 311)
Sec. 11.
Time of operation.
The Director shall require operations at Type I licensed
establishments to be
conducted under inspection and during approved hours of
operation. The management of an
official establishment desiring to work
under conditions which will require the services of an inspector of the
Department on any Saturday, Sunday, or holiday, or for more than an
approved work day on any other day shall, sufficiently in
advance of
the period of overtime, request the Regional Administrator
to furnish inspection service during such overtime period, and, if
approved, shall be allowed inspection on an overtime basis.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/12) (from Ch. 56 1/2, par. 312)
Sec. 12.
Preparation and Handling.
(a) All meat or poultry products in channels of trade, whether fresh,
frozen, smoked, cured, pickled, or otherwise prepared even though
previously inspected and passed, shall be subject to reinspection by
inspectors of the Department as often as may be necessary to determine
whether such meat or poultry product is maintained in a healthful,
wholesome condition and fit for human food. If, upon reinspection, any
meat or poultry product is found to have become unsound, unhealthy,
unwholesome or in any way unfit for human food it shall be condemned;
provided, that when meat or poultry products are found to be affected by
any unsound or unwholesome condition that can be satisfactorily removed by
methods approved by the Director, such meat or poultry product may be so
reconditioned under the direction of an inspector. If, upon final
inspection, the meat or poultry product is found to be sound and wholesome,
it shall be approved for human food; otherwise, it shall be condemned, or
otherwise handled in a manner prescribed by the Director.
(b) The Director may limit the entry of meat or poultry products and
other materials into any establishment at which inspection under this
Act is maintained, under such conditions as he may prescribe to assure
that allowing the entry of such articles into such inspected
establishments will be consistent with the purposes of this Act.
(c) The Director shall provide for such inspections, by experts in
sanitation or other competent inspectors, of all slaughtering,
meat‑canning, salting, packing, rendering, or similar establishments in
which cattle, sheep, swine, poultry, or goats are slaughtered and the
meat or poultry products are prepared, as may be necessary to inform
himself concerning the sanitary condition of such establishments, and to
prescribe the rules and regulations of sanitation under which such
establishments shall be maintained. Where the sanitary conditions of
any such establishment are such that the meat or poultry products are
rendered adulterated, the Director shall refuse to allow the meat or
poultry products to be labeled, marked, stamped, or tagged as "Illinois
Inspected and Passed".
(d) The Director has the authority to regulate conditions of storage
and handling of meat or poultry products, and other materials in any
establishment licensed under this Act.
(e) Fish or game stored or otherwise handled shall be stored or
handled in conformity with the Fish and Aquatic Life Code and the
Wildlife Code, and with the rules and regulations of the
Department of Natural Resources.
(Source: P.A. 89‑445, eff. 2‑7‑96.)
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(225 ILCS 650/13) (from Ch. 56 1/2, par. 313)
Sec. 13.
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
human food.
(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
in
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
Act.
(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 | ||
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(B) Substitute any product for that ordered by | ||
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(C) Fail to have available a sufficient quantity | ||
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(2) Price representation.
(A) Use any price list related to the seller's | ||
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(B) Misrepresent the amount of money that the | ||
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(C) Fail to disclose fully and conspicuously in | ||
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(D) Represent the price of any meat product to | ||
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(3) Product Representation.
(A) Misrepresent the cut, grade, brand or trade | ||
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(B) Use the abbreviation "U.S." in describing a | ||
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(C) Misrepresent a product through the use of | ||
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(D) (Blank).
(E) Advertise or offer for sale any combinations | ||
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(F) Fail to disclose fully and conspicuously the | ||
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(G) Fail to disclose fully and conspicuously | ||
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(H) Misrepresent the amount or proportion of | ||
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(I) (Blank).
(J) Fail to disclose fully and conspicuously | ||
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(K) Represent any part of a carcass as a "half" | ||
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(L) Use the words, "bundle", "sample order", | ||
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(M) Advertise or offer free, bonus, extra | ||
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(N) Misrepresent the breed, origin, or diet of | ||
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(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/14) (from Ch. 56 1/2, par. 314)
Sec. 14.
Access
to premises.
No person shall deny access to any authorized personnel upon the
presentation of proper identification at any reasonable time to
establishments, broker facilities, warehouses or vehicles used in the
transportation of meat and poultry or products thereof and to all parts
of such premises for the purposes of making
inspections, examination of records, inventories, copying and sampling
under this Act.
Samples of products, water, dye, chemicals, preservatives, spices, or
other articles in any official or exempted establishment shall be taken for
examination as often as necessary for
efficient inspection.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/15) (from Ch. 56 1/2, par. 315)
Sec. 15.
Seizure.
(a) The Director is hereby authorized to prohibit the entrance into
channels of trade of any meat or poultry products found to be unwholesome,
improperly labeled or otherwise not in accordance with the provisions of
this Act or the rules and regulations established hereunder. Any meat or
poultry product found in channels of trade by a Department employee that is not in
compliance with the provisions of this Act shall be subject to seizure and
confiscation by the Department.
(b) Seized and confiscated meat and poultry products shall be condemned
unless it is of such character that it can be made to conform with the
provisions of this Act by methods approved by the Director. Condemned meat
or poultry products shall be effectively destroyed for human food purposes
by the owner of the meat or poultry product under the supervision of a
Department employee in such manner as the Director may prescribe.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/16) (from Ch. 56 1/2, par. 316)
Sec. 16.
Rules and regulations.
The Director shall adopt rules and
regulations as may be necessary for the effective administration of this Act.
The Department shall adopt by reference federal regulations promulgated by the
United States Department of Agriculture governing meat and poultry inspection,
unless modified by this Act or any rule or regulation adopted by the Director
for the administration of this Act. When amendments are adopted to federal
rules which have been adopted by the Department, the Department shall file a
notice of such adoption pursuant to Section 5‑50 of the Illinois
Administrative Procedure Act.
(Source: P.A. 88‑45.)
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(225 ILCS 650/16.1) (from Ch. 56 1/2, par. 316.1)
Sec. 16.1.
Licensees shall comply with bulletins, manuals of procedure
and guidelines issued by the United States Department of Agriculture which
implement the federal Meat Inspection Act and the Federal Poultry
Inspection Act.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/17) (from Ch. 56 1/2, par. 317)
Sec. 17.
Appeals.
Appeals from final administration decisions of the Department
may be taken and judicial review had thereof pursuant to the provisions
of the Administrative Review Law and all amendments and
modifications thereof and rules and regulations adopted pursuant thereto.
(Source: P.A. 82‑783.)
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(225 ILCS 650/18) (from Ch. 56 1/2, par. 318)
Sec. 18.
Cooperation with other agencies.
The Director is hereby authorized to cooperate with all other agencies,
Federal, State and municipal, in order to carry out the effective
administration of this Act, and to establish a meat and poultry fund in the
appropriate State agencies for receipt of cooperative funds from the
Federal Government.
(Source: P. A. 76‑357.)
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(225 ILCS 650/19) (from Ch. 56 1/2, par. 319)
Sec. 19.
Criminal offenses.
A. Any person
who forcibly assaults, resists, opposes, impedes,
intimidates, or interferes with any person while engaged in or on account
of the performance of his official duties under this Act shall be guilty of
a Class A misdemeanor.
B. Any person, firm, or corporation, or any agent or employee of any
person, firm, or corporation, who gives, pays, or offers, directly or
indirectly, to any inspector or any
other officer or employee of this State authorized to perform any of the
duties prescribed by this Act or by the rules and regulations of the
Director, any money or other thing of value, with intent to influence such
inspector or other officer or employee
of this State in the discharge of his duty, is guilty of a Class 4 felony.
B‑5. Any inspector or other
officer
or
employee of this State authorized to perform any of the duties prescribed
by this Act who accepts any money, gift, or other thing of value from any
person, firm, or corporation, or officers, agents, or employees thereof,
given with intent to influence his official action, or who receives or
accepts from any person, firm, or corporation any gift, money, or other
thing of value given with any purpose of intent whatsoever, is guilty of a
Class 4 felony.
C. Any person violating any provision of this Act or any rule or
regulation established hereunder, is guilty of a Class
A misdemeanor.
D. Any person who sells or offers for sale or transports meat or poultry
products that are unsound, unhealthful, unwholesome, adulterated, or otherwise
unfit for human food or which have not been inspected and passed by
Department, federal, or recognized municipal inspection, knowing that such meat
or poultry products are intended for human consumption, is guilty of a Class A
misdemeanor.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/19.01)
Sec. 19.01.
Suspension and revocation of license.
(a) The Director may suspend a license if the Department has reason to
believe that any of the following has occurred:
(1) A licensee had made a material misstatement in | ||
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(2) A licensee has violated any of the provisions of | ||
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(3) Aiding or abetting another in the violation of | ||
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(4) Allowing one's license under this Act to be used | ||
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(5) Conviction of any crime an essential element of | ||
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(6) Pursuing a continued course of willful | ||
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(7) Failure to possess the necessary qualifications | ||
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(b) Within 10 days after suspension of a license, an administrative hearing
shall be commenced to determine whether the license shall be reinstated or
revoked. Whenever an administrative hearing is scheduled, the licensee shall
be served with written notice of the date, place, and time of the hearing at
least 5 days before the hearing date. The notice may be served by personal
service on the licensee or by mailing it by registered or certified mail,
return receipt requested, to the licensee's place of business. The Director
may, after a hearing, issue an order either revoking or reinstating the
license.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/19.1) (from Ch. 56 1/2, par. 319.1)
Sec. 19.1.
(Repealed).
(Source: P.A. 81‑749. Repealed by P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/19.2) (from Ch. 56 1/2, par. 319.2)
Sec. 19.2.
Administrative hearings and penalties.
When an administrative hearing is held, the hearing officer, upon
determination of a violation of this Act or rules promulgated under this Act,
may assess the following administrative penalties in addition to or instead of
a suspension or revocation of the license as provided in Section 19 of this
Act:
(a) $150 for illegal advertising.
(b) $200 for operating without being licensed as a | ||
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(c) $300 for misbranding as defined in Section 2.20 | ||
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(d) no less than $500 and no greater than $5,000 for | ||
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(e) no less than $500 and no greater than $5,000 for | ||
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(e‑5) $500 for detaching, breaking, changing, or | ||
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(f) $500 for selling a product in violation of the | ||
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(g) $500 for removal of meat or poultry products | ||
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(h) (Blank).
(h‑5) no less than $500, but no more than $5,000 for | ||
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(i) No less than $500 but no more than $5,000 for | ||
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In the case of a second or subsequent violation within 3 years of the
first violation, the penalty shall be doubled. Penalties not paid within 60
days of notice from the Department shall be submitted to the Attorney General's
office or an approved private collection agency for collection.
(Source: P.A. 91‑170, eff. 1‑1‑00.)
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(225 ILCS 650/20) (from Ch. 56 1/2, par. 320)
Sec. 20.
Saving Clause.
If any section subsection, clause, provision or portion of this Act
shall be held to be invalid or unconstitutional by any court of
competent jurisdiction or the applicability thereof to any person,
substance or product is held invalid, such holding shall not affect any
other section, subsection, clause, provision or portion of this Act, or
any other person, substance or product covered by the provisions of this
Act.
(Source: Laws 1959, p. 1944.)
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