Bill Amendment: IL SB2752 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MEAT AND POULTRY-ADULTERATED
Status: 2018-08-14 - Public Act . . . . . . . . . 100-0843 [SB2752 Detail]
Download: Illinois-2017-SB2752-Senate_Amendment_001.html
Bill Title: MEAT AND POULTRY-ADULTERATED
Status: 2018-08-14 - Public Act . . . . . . . . . 100-0843 [SB2752 Detail]
Download: Illinois-2017-SB2752-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2752
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2 | AMENDMENT NO. ______. Amend Senate Bill 2752 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Meat and Poultry Inspection Act is amended | ||||||
5 | by changing Section 2 as follows:
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6 | (225 ILCS 650/2) (from Ch. 56 1/2, par. 302)
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7 | Sec. 2. Definitions. As used in this Act:
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8 | "Adulterated" means any carcass, part thereof, meat or meat | ||||||
9 | food product, or poultry or poultry food product under one or | ||||||
10 | more of the following circumstances: | ||||||
11 | (1) if it bears or contains any poisonous or | ||||||
12 | deleterious substance which may render it injurious to | ||||||
13 | health; but in case the substance is not an added | ||||||
14 | substance, such article shall not be considered | ||||||
15 | adulterated under this clause if the quantity of such | ||||||
16 | substance in or on such article does not ordinarily render |
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1 | it injurious to health; | ||||||
2 | (2)(A) if it bears or contains (by reason of | ||||||
3 | administration of any substance to the live animal or | ||||||
4 | otherwise) any added poisonous or added deleterious | ||||||
5 | substance (other than one which is (i) a pesticide chemical | ||||||
6 | in or on a raw agricultural commodity; (ii) a food | ||||||
7 | additive; or (iii) a color additive) which may, in the | ||||||
8 | judgment of the Director, make such article unfit for human | ||||||
9 | food; | ||||||
10 | (B) if it is, in whole or in part, a raw agricultural | ||||||
11 | commodity and such commodity bears or contains a pesticide | ||||||
12 | chemical which is unsafe within the meaning of Section 346a | ||||||
13 | of the federal Food, Drug, and Cosmetic Act; | ||||||
14 | (C) if it bears or contains any food additive which is | ||||||
15 | unsafe within the meaning of Section 348 of the federal | ||||||
16 | Food, Drug, and Cosmetic Act; | ||||||
17 | (D) if it bears or contains any color additive which is | ||||||
18 | unsafe within the meaning of Section 379e of the federal | ||||||
19 | Food, Drug, and Cosmetic Act: Provided, That an article | ||||||
20 | which is not adulterated under clause (B), (C), or (D) | ||||||
21 | shall nevertheless be deemed adulterated if use of the | ||||||
22 | pesticide chemical, food additive, or color additive in or | ||||||
23 | on such article is prohibited by regulations of the | ||||||
24 | Secretary of the United States Department of Agriculture or | ||||||
25 | under Section 13 or 16 of this Act; | ||||||
26 | (3) if it consists in whole or in part of any filthy, |
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1 | putrid, or decomposed substance or is for any other reason | ||||||
2 | unsound, unhealthful, unwholesome, or otherwise unfit for | ||||||
3 | human food; | ||||||
4 | (4) if it has been prepared, packed, or held under | ||||||
5 | insanitary conditions whereby it may have become | ||||||
6 | contaminated with filth, or whereby it may have been | ||||||
7 | rendered injurious to health; | ||||||
8 | (5) if it is, in whole or in part, the product of an | ||||||
9 | animal which has died otherwise than by slaughter; | ||||||
10 | (6) if its container is composed, in whole or in part, | ||||||
11 | of any poisonous or deleterious substance which may render | ||||||
12 | the contents injurious to health; | ||||||
13 | (7) if it has been intentionally subjected to | ||||||
14 | radiation, unless the use of the radiation was in | ||||||
15 | conformity with a regulation or exemption in effect | ||||||
16 | pursuant to Section 348 of the federal Food, Drug, and | ||||||
17 | Cosmetic Act; | ||||||
18 | (8) if any valuable constituent has been in whole or in | ||||||
19 | part omitted or abstracted therefrom; or if any substance | ||||||
20 | has been substituted, wholly or in part therefor; or if | ||||||
21 | damage or inferiority has been concealed in any manner; or | ||||||
22 | if any substance has been added thereto or mixed or packed | ||||||
23 | therewith so as to increase its bulk or weight, or reduce | ||||||
24 | its quality or strength, or make it appear better or of | ||||||
25 | greater value than it; or | ||||||
26 | (9) if it is margarine containing animal fat and any of |
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1 | the raw material used therein consisted in whole or in part | ||||||
2 | of any filthy, putrid, or decomposed substance. | ||||||
3 | "Adulterated" means any carcass, or part of a
carcass, meat | ||||||
4 | or meat food product, or poultry or poultry food product if:
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5 | (1) it bears or contains any poisonous or deleterious
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6 | substance which may render it injurious to health, but if | ||||||
7 | the
substance is not an added substance the article is not
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8 | adulterated under this paragraph if the quantity of such | ||||||
9 | substance
in or on the article does not ordinarily render | ||||||
10 | it injurious to
health;
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11 | (2) it bears or contains, because of the
administering | ||||||
12 | of any substance to the live animal, poultry, or
other food | ||||||
13 | product, any added poisonous or added deleterious | ||||||
14 | substance
other than (A) a pesticide chemical in or on a | ||||||
15 | raw agricultural
commodity or (B) a food additive or a | ||||||
16 | color additive that, in the
judgment of the Director, may | ||||||
17 | make the article unfit for human
food;
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18 | (3) it is, in whole or in part, a raw agricultural
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19 | commodity and the commodity bears or contains a pesticide
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20 | chemical that is unsafe within the meaning of Section 408 | ||||||
21 | of the
federal Food, Drug, and Cosmetic Act;
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22 | (4) it bears or contains any food additive that is
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23 | unsafe within the meaning of Section 409 of the federal | ||||||
24 | Food,
Drug, and Cosmetic Act;
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25 | (5) it bears or contains any color additive which is
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26 | unsafe within the meaning of Section 706 of the federal |
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1 | Food,
Drug, and Cosmetic Act, provided that an article that | ||||||
2 | is not
adulterated under paragraph (3), (4), or (5) is | ||||||
3 | nevertheless
adulterated if use of the pesticide chemical, | ||||||
4 | food additive, or
color additive in or on the article is | ||||||
5 | prohibited under Section
13 or 16 of this Act;
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6 | (6) it consists in whole or in part of any filthy,
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7 | putrid, or decomposed substance or is for any reason | ||||||
8 | unsound,
unhealthful, unwholesome, or otherwise unfit for | ||||||
9 | human food;
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10 | (7) it has been prepared, packed, or held under
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11 | unsanitary conditions whereby it may have become | ||||||
12 | contaminated
with filth, or whereby it may have been | ||||||
13 | rendered injurious to
health;
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14 | (8) it is, in whole or in part, the product of an | ||||||
15 | animal
or poultry that has died otherwise than by | ||||||
16 | slaughter;
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17 | (9) its container is composed, in whole or in part, of
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18 | any poisonous or deleterious substance that may render the
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19 | contents injurious to health;
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20 | (10) it has been intentionally subjected to radiation,
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21 | unless the use of the radiation was in conformity with a
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22 | regulation or exemption under Section 409 of the federal | ||||||
23 | Food,
Drug, and Cosmetic Act;
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24 | (11) any valuable constituent has been in whole or in | ||||||
25 | part
omitted or abstracted from the article; any substance | ||||||
26 | has
been substituted, wholly or in part; damage or |
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1 | inferiority has
been concealed in any manner; or any | ||||||
2 | substance has been added,
mixed, or packed with the article | ||||||
3 | to increase its bulk or
weight, to reduce its quality or | ||||||
4 | strength, or to make it appear
better or of greater value | ||||||
5 | than it is; or
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6 | (12) it bears or contains sodium benzoate or benzoic | ||||||
7 | acid
or any combination thereof, except as permitted in | ||||||
8 | accordance
with the federal meat or poultry programs.
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9 | "Amenable" means foods containing 3% or more raw, or more | ||||||
10 | than 2% cooked, red meat or poultry, other edible portions of | ||||||
11 | carcass or bird, or products that historically have been | ||||||
12 | considered by customers as products of the meat or poultry | ||||||
13 | industry.
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14 | "Animals" means cattle, calves, American bison (buffalo),
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15 | catalo, cattalo, sheep, swine, domestic deer, domestic elk,
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16 | domestic antelope, domestic reindeer, ratites, water buffalo, | ||||||
17 | and
goats.
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18 | "Capable of use as human food" means the carcass of any
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19 | animal or poultry, or part or product of a carcass of any | ||||||
20 | animal
or poultry, unless it is denatured to deter its use as | ||||||
21 | human food
or it is naturally inedible by humans.
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22 | "Custom processing" means the cutting up, packaging,
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23 | wrapping, storing, freezing, smoking, or curing of meat or | ||||||
24 | poultry
products as a service by an establishment for the owner | ||||||
25 | or the
agent of the owner of the meat or poultry products | ||||||
26 | exclusively
for use in the household of the owner and his or |
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1 | her nonpaying guests
and employees
or slaughtering with respect | ||||||
2 | to live poultry purchased by the consumer at this
establishment | ||||||
3 | and processed by a custom plant operator in accordance with the
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4 | consumer's instructions.
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5 | "Custom slaughter" means the slaughtering, skinning,
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6 | defeathering, eviscerating, cutting up, packaging, or wrapping | ||||||
7 | of
animals or poultry as a service by an establishment for the | ||||||
8 | owner
or the agent of the owner of the animals or poultry | ||||||
9 | exclusively
for use in the household of the owner and his or | ||||||
10 | her nonpaying guests
and employees.
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11 | "Department" means the Department of Agriculture of the
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12 | State of Illinois.
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13 | "Director" means, unless otherwise provided, the Director | ||||||
14 | of
the Department of Agriculture of the State of Illinois or | ||||||
15 | his or her
duly appointed representative.
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16 | "Establishment" means all premises where animals,
poultry, | ||||||
17 | or both, are slaughtered or otherwise prepared either
for | ||||||
18 | custom, resale, or retail for food purposes, meat or poultry
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19 | canneries, sausage factories, smoking or curing operations,
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20 | restaurants, grocery stores, brokerages, cold storage plants,
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21 | processing plants, and similar places.
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22 | "Federal Food, Drug, and Cosmetic Act" means the Act
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23 | approved June 25, 1938 (52 Stat. 1040), as now or hereafter
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24 | amended.
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25 | "Federal inspection" means the meat and poultry inspection
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26 | service conducted by the United States Department of |
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1 | Agriculture
by the authority of the Federal Meat Inspection Act | ||||||
2 | and the
Federal Poultry Products Inspection Act.
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3 | "Federal Meat Inspection Act" means the Act approved March
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4 | 4, 1907 (34 Stat. 1260), as now or hereafter amended by the
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5 | Wholesome Meat Act (81 Stat. 584), as now or hereafter amended.
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6 | "Illinois inspected and condemned" means that the meat or
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7 | poultry product so identified and marked is unhealthful,
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8 | unwholesome, adulterated, or otherwise unfit for human food and
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9 | shall be disposed of in the manner prescribed by the | ||||||
10 | Department.
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11 | "Illinois inspected and passed" means that the meat or
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12 | poultry product so stamped and identified has been inspected | ||||||
13 | and
passed under the provisions of this Act and the rules and
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14 | regulations pertaining thereto at the time of inspection and
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15 | identification was found to be sound, clean, wholesome, and
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16 | unadulterated.
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17 | "Illinois retained" means that the meat or poultry product
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18 | so identified is held for further clinical examination by a
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19 | veterinary inspector to determine its disposal.
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20 | "Immediate container" means any consumer package or any
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21 | other container in which livestock products or poultry | ||||||
22 | products,
not consumer packaged, are packed.
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23 | "Inspector" means any employee of the Department | ||||||
24 | authorized
by the Director to inspect animals and poultry or | ||||||
25 | meat and
poultry products.
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26 | "Label" means a display of written, printed, or graphic
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1 | matter upon any article or the immediate container, not | ||||||
2 | including
package liners, of any article.
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3 | "Labeling" means all labels and other written, printed, or
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4 | graphic matter (i) upon any article or any of its containers or
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5 | wrappers or (ii) accompanying the article.
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6 | "Meat broker", "poultry broker", or "meat and poultry | ||||||
7 | broker"
means any person, firm, or corporation engaged in the | ||||||
8 | business of
buying, negotiating for purchase of, handling or | ||||||
9 | taking
possession of, or selling meat or poultry products on | ||||||
10 | commission
or otherwise purchasing or selling of such articles | ||||||
11 | other than for
the person's own account in their original
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12 | containers without changing the character of the products in | ||||||
13 | any
way. A broker shall not possess any processing equipment in | ||||||
14 | his
or her licensed facility.
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15 | "Meat food product" means any product capable of use as
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16 | human food that is made wholly or in part from any meat or | ||||||
17 | other
portion of the carcass of any cattle, sheep, swine, or | ||||||
18 | goats,
except products that contain meat or other portions of | ||||||
19 | such
carcasses only in a relatively small proportion or | ||||||
20 | products that historically
have not been considered by | ||||||
21 | consumers as products of the meat
food industry and that are | ||||||
22 | exempted from definition as a meat
food product by the Director | ||||||
23 | under such conditions as the
Director may prescribe to assure | ||||||
24 | that the meat or other portions
of such carcass contained in | ||||||
25 | such product are not adulterated and
that such products are not | ||||||
26 | represented as meat food products.
This term as applied to food |
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1 | products of equines or domestic deer
shall have a meaning | ||||||
2 | comparable to that provided in this
definition with respect to | ||||||
3 | cattle, sheep, swine, and goats.
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4 | "Misbranded" means any carcass, part thereof, meat or
meat | ||||||
5 | food product, or poultry or poultry food product if:
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6 | (1) its labeling is false or misleading in any
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7 | particular;
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8 | (2) it is offered for sale under the name of another
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9 | food;
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10 | (3) it is an imitation of another food, unless its | ||||||
11 | label
bears, in type of uniform size and prominence, the | ||||||
12 | word
"imitation" followed immediately by the name of the | ||||||
13 | food
imitated;
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14 | (4) its container is made, formed, or filled so as to | ||||||
15 | be
misleading;
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16 | (5) it does not bear a label showing (i) the name and | ||||||
17 | place
of business of the manufacturer, packer, or | ||||||
18 | distributor and (ii)
an accurate statement of the quantity | ||||||
19 | of the contents in terms of
weight, measure, or numerical | ||||||
20 | count; however, reasonable
variations in such statement of | ||||||
21 | quantity may be permitted;
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22 | (6) any word, statement, or other information required | ||||||
23 | by
or under authority of this Act to appear on the label or | ||||||
24 | other
labeling is not prominently placed thereon with such
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25 | conspicuousness as compared with other words, statements,
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26 | designs, or devices in the labeling and in such terms as to |
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1 | make
the label likely to be read and understood by the | ||||||
2 | general public
under customary conditions of purchase and | ||||||
3 | use;
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4 | (7) it purports to be or is represented as a food for
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5 | which a definition and standard of identity or composition | ||||||
6 | is
prescribed in Sections 13 and 16 of this Act unless (i) | ||||||
7 | it
conforms to such definition and standard and (ii) its | ||||||
8 | label bears
the name of the food specified in the | ||||||
9 | definition and standard
and, as required by such | ||||||
10 | regulations, the common names of
optional ingredients | ||||||
11 | other than spices and flavoring present in
such food;
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12 | (8) it purports to be or is represented as a food for
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13 | which a standard of fill of container is prescribed in | ||||||
14 | Section 13
of this Act and it falls below the applicable | ||||||
15 | standard of fill
of container applicable thereto, unless | ||||||
16 | its label bears, in such
manner and form as such | ||||||
17 | regulations specify, a statement that it
falls below such | ||||||
18 | standard;
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19 | (9) it is not subject to the provisions of paragraph
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20 | (7), unless its label bears (i) the common or usual name of | ||||||
21 | the
food, if any, and (ii) if it is fabricated from 2 or | ||||||
22 | more
ingredients, the common or usual name of each | ||||||
23 | ingredient, except
that spices and flavorings may, when | ||||||
24 | authorized by standards or
regulations adopted in or as | ||||||
25 | provided by Sections 13 and 16 of
this Act, be designated | ||||||
26 | as spices and flavorings without naming
each;
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1 | (10) it purports to be or is represented for special
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2 | dietary uses, unless its label bears such information | ||||||
3 | concerning
its vitamin, mineral, and other dietary | ||||||
4 | properties as determined
by the Secretary of Agriculture of | ||||||
5 | the United States in order
to fully inform purchasers as to | ||||||
6 | its value for such uses;
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7 | (11) it bears or contains any artificial flavoring,
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8 | artificial coloring, or chemical preservative, unless it | ||||||
9 | bears
labeling stating that fact or is exempt; or
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10 | (12) it fails to bear, directly thereon or on its
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11 | container, the inspection legend and unrestricted by any of | ||||||
12 | the
foregoing provisions, such other information as | ||||||
13 | necessary to
assure that it will not have false or | ||||||
14 | misleading labeling and
that the public will be informed of | ||||||
15 | the manner of handling
required to maintain the article in | ||||||
16 | a wholesome condition.
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17 | "Official establishment" means any establishment as
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18 | determined by the Director at which inspection of the slaughter
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19 | of livestock or poultry or the preparation of livestock | ||||||
20 | products
or poultry products is maintained under the authority | ||||||
21 | of this
Act.
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22 | "Official mark of inspection" means the official mark of
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23 | inspection used to identify the status of any meat product or
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24 | poultry product or animal under this Act as established by | ||||||
25 | rule.
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26 | Prior to the manufacture, a complete and accurate
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1 | description and design of all the brands, legends, and symbols
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2 | shall be submitted to the Director for approval as to | ||||||
3 | compliance
with this Act. Each brand or symbol that bears the | ||||||
4 | official
mark shall be delivered into the custody of the | ||||||
5 | inspector in
charge of the establishment and shall be used only | ||||||
6 | under the
supervision of a Department employee. When not in | ||||||
7 | use, all such
brands and symbols bearing the official mark of | ||||||
8 | inspection shall
be secured in a locked locker or compartment, | ||||||
9 | the keys of which
shall not leave the possession of Department | ||||||
10 | employees.
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11 | "Person" means any individual or entity, including, but not
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12 | limited to, a sole proprietorship, partnership, corporation,
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13 | cooperative, association, limited liability company,
estate, | ||||||
14 | or trust.
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15 | "Pesticide chemical", "food additive", "color additive", | ||||||
16 | and
"raw agricultural commodity" have the same meanings for | ||||||
17 | purposes
of this Act as under the federal Food, Drug, and | ||||||
18 | Cosmetic Act.
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19 | "Poultry" means domesticated birds or rabbits, or both, | ||||||
20 | dead
or alive, capable of being used for human food.
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21 | "Poultry products" means the carcasses or parts of | ||||||
22 | carcasses
of poultry produced entirely or in substantial part | ||||||
23 | from such
poultry, including but not limited to such products | ||||||
24 | cooked,
pressed, smoked, dried, pickled, frozen, or similarly | ||||||
25 | processed.
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26 | "Poultry Products Inspection Act" means the Act approved |
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1 | August
28, 1957 (71 Stat. 441), as now or hereafter amended by | ||||||
2 | the
Wholesome Poultry Products Act, approved August 18, 1968 | ||||||
3 | (82 Stat. 791), as now
or hereafter amended.
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4 | "Poultry Raiser" means any person who raises poultry,
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5 | including rabbits, on his or her own farm or premises who does | ||||||
6 | not
qualify as a producer as defined under
this Act.
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7 | "Processor" means any person engaged in the business of
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8 | preparing food from animals, including poultry, derived wholly | ||||||
9 | or in
part from livestock or poultry carcasses or parts or | ||||||
10 | products of
such carcasses.
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11 | "Shipping container" means any container used or intended
| ||||||
12 | for use in packaging the product packed in an immediate
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13 | container.
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14 | "Slaughterer" means an establishment where any or all of | ||||||
15 | the
following may be performed on animals or poultry: (i) | ||||||
16 | stunning;
(ii) bleeding; (iii) defeathering, dehairing, or | ||||||
17 | skinning; (iv)
eviscerating; or (v) preparing carcasses for | ||||||
18 | chilling.
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19 | "State inspection" means the meat and poultry inspection
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20 | service conducted by the Department of Agriculture of the State
| ||||||
21 | of Illinois by the authority of this Act.
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22 | (Source: P.A. 94-1052, eff. 1-1-07.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
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