Bill Text: IL HB2783 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Egg and Egg Products Act. Provides that the Department of Agriculture shall issue a license to any person upon receipt and approval of a proper application and the required nonrefundable fee (instead of the required fee). Provides that after finding that a violation has occurred, the Director of Agriculture may impose specified administrative monetary penalties against any person who sells or wholesales eggs to any person or business not licensed by the Department of Agriculture who buys, sells, trades, or traffics in eggs in this State. Provides that any person knowingly violating the Act or any rule or order of the Department issued pursuant to the Act shall be guilty of a Class C misdemeanor and that each day of violation constitutes a separate offense. Provides that in the event the person violating the Act or any rule or order issued pursuant to the Act is a corporation or partnership, any officer, director, manager, or managerial agent of the corporation or partnership who violates the Act or causes the corporation or partnership to violate the Act is guilty of a Class C misdemeanor. Sets forth provisions concerning the failure to pay any fine or fee and the termination of an application. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2013-08-13 - Public Act . . . . . . . . . 98-0345 [HB2783 Detail]

Download: Illinois-2013-HB2783-Engrossed.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Egg and Egg Products Act is amended
by changing Sections 9, 16.5, and 16.7 and by adding Sections
16.6 and 16.9 as follows:
(410 ILCS 615/9) (from Ch. 56 1/2, par. 55-9)
Sec. 9. Licenses; fees. The Department shall issue a
license to any person upon receipt and approval of a proper
application and the required nonrefundable fee. The license fee
and classification of the license shall be established by rule.
A license must be obtained for each separate business
location and this license shall be posted in a conspicuous
place at the location for which it was purchased. Licenses are
non-transferable.
The application for an initial license may be filed at any
time prior to beginning business as an egg handler. The
licensing year for an egg license shall be July 1 through June
30. The egg license shall expire at the end of the licensing
year.
A penalty of $50 shall be assessed for any renewal license
not renewed by July 1 of the year in which the license renewal
is due. This penalty shall be assessed in addition to the

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license fee.
(Source: P.A. 96-1310, eff. 7-27-10.)
(410 ILCS 615/16.5)
Sec. 16.5. Violations; administrative monetary penalties.
The Director is authorized to hold administrative hearings to
determine violations of this Act or the Department's rules and
regulations adopted under this Act. After finding that a
violation has occurred, the Director may impose administrative
monetary penalties as follows:
(1) Against a licensee who sells or offers for sale
non-inspected frozen, liquid, or dried egg products:
(A) $500 for a first violation.
(B) $1,000 for a second violation within 2 years
after the first violation.
(C) $2,000 for a third or subsequent violation
within 2 years after the immediately preceding
violation.
(2) Against a licensee who makes a false, deceptive, or
misleading statement, representation, or assertion
concerning the quality, size, weight, or condition of, or
any other matter relating to advertising and selling, eggs
and egg products:
(A) $200 for a first violation.
(B) $500 for a second violation within 2 years
after the first violation.

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(C) $1,000 for a third or subsequent violation
within 2 years after the immediately preceding
violation.
(3) Against a licensee who furnishes an invoice,
statement, or bill showing a standard of size, standard of
quality, representation of freshness, or any other
description of eggs or egg products that is false,
deceptive, or misleading in any particular:
(A) $200 for a first violation.
(B) $500 for a second violation within 2 years
after the first violation.
(C) $1,000 for a third or subsequent violation
within 2 years after the immediately preceding
violation.
(4) Against any person who resists, hinders,
obstructs, or in any way interferes with any officer,
inspector, or employee of the Department in the discharge
of his or her duties under the provisions of this Act,
$300.
(5) Against any person who buys, sells, trades, or
barters eggs in this State without having obtained a
license, $300.
(6) For all other violations:
(A) $200 for a first violation.
(B) $400 for a second violation within 2 years
after the first violation.

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(C) $600 for a third or subsequent violation within
2 years after the immediately preceding violation.
(7) Against any person who sells or wholesales eggs,
who has been notified pursuant to the notification
provision in this Section, to any person or business not
licensed by the Department who buys, sells, trades, or
traffics in eggs in this State:
(A) $200 for a first violation.
(B) $500 for a second violation within 2 years
after the first.
(C) $1,000 for a third or subsequent violation
within 2 years after the immediately preceding
violation.
The Department shall notify any person who sells or
wholesales eggs to any person or business not licensed by the
Department who buys, sells, trades, or traffics eggs in this
State that he or she may not sell, trade, or traffic eggs with
the non-licensed person or business. A copy of the notice shall
be either served personally or served by registered or
certified mail on the person who sells or wholesales eggs.
Proof of service of the notice shall be made by affidavit of
the person making personal service or by the registered or
certified mail receipt.
A penalty not paid within 60 days after it is due may be
submitted to the Attorney General's office or an approved
private collection agency for collection.

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(Source: P.A. 96-1310, eff. 7-27-10.)
(410 ILCS 615/16.6 new)
Sec. 16.6. Violations; penalties. Any person knowingly
violating this Act or any rule or order of the Department
issued pursuant to this Act shall be guilty of a Class C
misdemeanor. Each day of violation constitutes a separate
offense. In the event the person violating this Act or any rule
or order issued pursuant to the Act is a corporation or
partnership, any officer, director, manager, or managerial
agent of the corporation or partnership who violates this Act
or causes the corporation or partnership to violate this Act is
guilty of a Class C misdemeanor.
(410 ILCS 615/16.7)
Sec. 16.7. Suspension and revocation of license.
(a) The Director may suspend a license if the Department
has reason to believe that any one or more of the following has
occurred:
(1) A licensee has made a material misstatement in an
application for an original or renewal license under this
Act.
(2) A licensee has violated this Act or any rules
adopted under this Act, and the violation or pattern of
violations indicates a danger to public health.
(3) A licensee has aided or abetted another in the

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violation of this Act or any rule adopted under this Act,
and the violation or pattern of violations indicates a
danger to public health.
(4) A licensee has allowed his or her license to be
used by an unlicensed person.
(5) A licensee has been convicted of a felony violation
of this Act or any crime an essential element of which is
misstatement, fraud, or dishonesty.
(6) A licensee has made a false, deceptive, or
misleading statement, representation, or assertion
concerning the quality, size, weight, or condition of, or
any other matter relating to advertising and selling of,
eggs and egg products.
(7) A licensee has failed to possess the necessary
qualifications or to meet the requirements of this Act for
the issuance or holding of a license.
(8) Failure to pay any fine or fee assessed by the
Department within 60 days after the date the fine or fee
was levied or otherwise due.
(b) Within 10 days after suspending a person's license, the
Department must commence an administrative hearing to
determine whether to reinstate or revoke the license. After the
Department schedules the administrative hearing, but no later
than 5 days before the scheduled hearing date, the Department
shall serve on the licensee written notice of the date, place,
and time of the hearing. The Department may serve this notice

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by personal service on the licensee or by registered or
certified mail, return receipt requested, to the licensee's
place of business. After the hearing, the Director shall issue
an order either reinstating or revoking the license.
(Source: P.A. 96-1310, eff. 7-27-10.)
(410 ILCS 615/16.9 new)
Sec. 16.9. Termination of application; forfeiture of
license fee. Failure of any applicant to meet all of the
requirements for compliance within 60 days after receipt of a
license application shall result in termination of the
application and forfeiture of the license fee.
Section 99. Effective date. This Act takes effect upon
becoming law.