Bill Text: IL HB5131 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Meat and Poultry Inspection Act. Makes a technical change in a Section concerning definitions.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5131 Detail]

Download: Illinois-2013-HB5131-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5131 Introduced , by Rep. Jim Durkin - David Reis SYNOPSIS AS INTRODUCED:
225 ILCS 650/2 from Ch. 56 1/2, par. 302
Amends the Meat and Poultry Inspection Act. Makes a technical change in a Section concerning definitions.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Meat and Poultry Inspection Act is amended
by changing Section 2 as follows:
(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 deleterious
substance which may render it injurious to health, but if
the the substance is not an added substance the article is
not adulterated under this paragraph if the quantity of
such substance in or on the article does not ordinarily
render it injurious to health;
(2) it bears or contains, because of the administering
of any substance to the live animal, poultry, or other food
product, any added poisonous or added deleterious
substance other than (A) a pesticide chemical in or on a
raw agricultural commodity or (B) a food additive or a
color additive that, in the judgment of the Director, may
make the article unfit for human food;
(3) it is, in whole or in part, a raw agricultural

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commodity and the commodity bears or contains a pesticide
chemical that is unsafe within the meaning of Section 408
of the federal Food, Drug, and Cosmetic Act;
(4) it bears or contains any food additive that is
unsafe within the meaning of Section 409 of the federal
Food, Drug, and Cosmetic Act;
(5) it bears or contains any color additive which is
unsafe within the meaning of Section 706 of the federal
Food, Drug, and Cosmetic Act, provided that an article that
is not adulterated under paragraph (3), (4), or (5) is
nevertheless adulterated if use of the pesticide chemical,
food additive, or color additive in or on the article is
prohibited under Section 13 or 16 of this Act;
(6) it consists in whole or in part of any filthy,
putrid, or decomposed substance or is for any reason
unsound, unhealthful, unwholesome, or otherwise unfit for
human food;
(7) it has been prepared, packed, or held under
unsanitary conditions whereby it may have become
contaminated with filth, or whereby it may have been
rendered injurious to health;
(8) it is, in whole or in part, the product of an
animal or poultry that has died otherwise than by
slaughter;
(9) its container is composed, in whole or in part, of
any poisonous or deleterious substance that may render the

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contents injurious to health;
(10) it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a
regulation or exemption under Section 409 of the federal
Food, Drug, and Cosmetic Act;
(11) any valuable constituent has been in whole or in
part omitted or abstracted from the article; any substance
has been substituted, wholly or in part; damage or
inferiority has been concealed in any manner; or any
substance has been added, mixed, or packed with the article
to increase its bulk or weight, to reduce its quality or
strength, or to make it appear better or of greater value
than it is; or
(12) it bears or contains sodium benzoate or benzoic
acid or any combination thereof, except as permitted in
accordance with the federal meat or poultry programs.
"Amenable" means foods containing 3% or more raw, or more
than 2% cooked, red meat or poultry, other edible portions of
carcass or bird, or products that historically have been
considered by customers as products of the meat or poultry
industry.
"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

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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

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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

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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

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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
particular;
(2) it is offered for sale under the name of another
food;
(3) it is an imitation of another food, unless its
label bears, in type of uniform size and prominence, the
word "imitation" followed immediately by the name of the
food imitated;
(4) its container is made, formed, or filled so as to
be misleading;
(5) it does not bear a label showing (i) the name and
place of business of the manufacturer, packer, or
distributor and (ii) an accurate statement of the quantity

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of the contents in terms of weight, measure, or numerical
count; however, reasonable variations in such statement of
quantity may be permitted;
(6) any word, statement, or other information required
by or under authority of this Act to appear on the label or
other labeling is not prominently placed thereon with such
conspicuousness as compared with other words, statements,
designs, or devices in the labeling and in such terms as to
make the label likely to be read and understood by the
general public under customary conditions of purchase and
use;
(7) it purports to be or is represented as a food for
which a definition and standard of identity or composition
is prescribed in Sections 13 and 16 of this Act unless (i)
it conforms to such definition and standard and (ii) its
label bears the name of the food specified in the
definition and standard and, as required by such
regulations, the common names of optional ingredients
other than spices and flavoring present in such food;
(8) it purports to be or is represented as a food for
which a standard of fill of container is prescribed in
Section 13 of this Act and it falls below the applicable
standard of fill of container applicable thereto, unless
its label bears, in such manner and form as such
regulations specify, a statement that it falls below such
standard;

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(9) it is not subject to the provisions of paragraph
(7), unless its label bears (i) the common or usual name of
the food, if any, and (ii) if it is fabricated from 2 or
more ingredients, the common or usual name of each
ingredient, except that spices and flavorings may, when
authorized by standards or regulations adopted in or as
provided by Sections 13 and 16 of this Act, be designated
as spices and flavorings without naming each;
(10) it purports to be or is represented for special
dietary uses, unless its label bears such information
concerning its vitamin, mineral, and other dietary
properties as determined by the Secretary of Agriculture of
the United States in order to fully inform purchasers as to
its value for such uses;
(11) it bears or contains any artificial flavoring,
artificial coloring, or chemical preservative, unless it
bears labeling stating that fact or is exempt; or
(12) it fails to bear, directly thereon or on its
container, the inspection legend and unrestricted by any of
the foregoing provisions, such other information as
necessary to assure that it will not have false or
misleading labeling and that the public will be informed of
the manner of handling required to maintain the article in
a wholesome condition.
"Official establishment" means any establishment as
determined by the Director at which inspection of the slaughter

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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.

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"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 food from animals, 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.

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"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. 94-1052, eff. 1-1-07.)