Bill Text: IL HB6287 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the Illinois Egg and Egg Products Act. Defines "lot consolidation" and "registered lot consolidator". Provides that no eggs may be offered for sale for consumer use 45 days or more after candling (rather than after the original 30-day candling date). Extends the expiration date labeling requirement for grade A and AA eggs to no later than 45 days after candling. Removes provisions concerning the repackaging of eggs for sale to consumers. Provides that eggs may be repackaged only when the retailer performs a lot consolidation where the lot consolidation is performed by or under the supervision of a registered lot consolidator. Adds provisions concerning the training and registration of lot consolidators. Requires that stores wishing to consolidate egg lots retain a physical copy of the registered lot consolidator's registration document and maintain Egg Lot Consolidation Log form. Provides that eggs shall be consolidated in a manner consistent with the specified training, every lot consolidation shall be documented using an Egg Lot Consolidation Log form, and that registered lot consolidators shall work at one physical location only.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-08-05 - Public Act . . . . . . . . . 99-0732 [HB6287 Detail]
Download: Illinois-2015-HB6287-Chaptered.html
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Public Act 099-0732 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Egg and Egg Products Act is amended | ||||
by adding Section 3.21a and by changing Sections 6 and 15 as | ||||
follows:
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(410 ILCS 615/3.21a new) | ||||
Sec. 3.21a. "Lot consolidation" means the removal of | ||||
damaged eggs from consumer labeled cartons and replacement of | ||||
the damaged eggs with eggs of the same grade, size, sell-by | ||||
date, brand, lot, and source.
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(410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)
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Sec. 6. Candling; labeling; sales by producers; retail | ||||
sales; temperature
requirements. All eggs sold at retail or | ||||
purchased by institutional
consumers must be candled for | ||||
quality and graded for size.
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A producer may sell on his own premises where eggs are | ||||
produced,
direct to household consumers, for the consumer's | ||||
personal use and
that consumer's
non-paying guests, nest run | ||||
eggs
without candling
or grading those eggs.
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All eggs designated for sale off the premises where the | ||||
entire flock is located,
such as at farmers' markets, and at |
retail or for institutional use must be
candled and graded and
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held in a place or room in which the temperature may not exceed | ||
45 degrees
Fahrenheit after processing. Nest run eggs shall be | ||
held at 60 degrees
Fahrenheit or less at all times. During | ||
transportation, the egg
temperature may not exceed 45 degrees | ||
Fahrenheit.
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Hatcheries buying eggs for hatching purposes from | ||
producers under
contract may sell their surplus eggs to a | ||
licensed packer or handler
provided that the hatchery shall | ||
keep records which indicate the
number
of cases sold, the date | ||
of sale and the name and address of the packer
or handler | ||
making the purchase.
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All eggs candled or candled and graded outside the State | ||
must meet
Federal standards before they can be sold or offered | ||
for sale in the
State. No eggs may be offered for sale for | ||
consumer use 45 days or more after the date of candling after | ||
the original
30-day candling date .
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Each container of eggs offered for sale or sold at | ||
wholesale or retail
must be
labeled in accordance with the | ||
standards established by the Department
showing grade, size, | ||
packer identification, and candling date,
and must be labeled | ||
with an
expiration date, or other similar language as specified | ||
by USDA standards,
that is
not later than 45 30 days from the | ||
candling date
for
grade A eggs and not later than 30 15 days | ||
after the candling date for grade AA
eggs.
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The grade and size of eggs must be conspicuously marked in |
bold face
type on all consumer-size containers.
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The size and height of lettering or numbering requirement | ||
shall be
set by regulation and shall conform as near as | ||
possible to those
required by Federal law.
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All advertising of shell eggs for sale at retail for a | ||
stated price
shall contain the grade and size of the eggs. The | ||
information
contained in such advertising shall not be | ||
misleading or deceptive.
In cases of food-borne disease | ||
outbreaks in which eggs are identified as the
source of the | ||
disease, all eggs from the flocks from which those
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disease-causing eggs came shall be identified with a producer | ||
identification or
flock code number to control the movement of | ||
those eggs.
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(Source: P.A. 96-1310, eff. 7-27-10.)
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(410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)
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Sec. 15. Samples; packing methods. | ||
(a) The Department shall prescribe
methods in conformity
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with the United States Department of Agriculture | ||
specifications for selecting
samples of lots, cases or | ||
containers of eggs or egg products which shall be
reasonably | ||
calculated to produce fair representations of the entire lots | ||
or
cases and containers sampled. Any sample taken shall be | ||
prima facie evidence
in any court in this State of the true | ||
condition of the entire lot, case
or container of eggs or egg | ||
products in the examination of which the sample
was taken.
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It shall be unlawful for any handler or retailer to pack | ||
eggs into
consumer-size
containers other than during the | ||
original candling and grading operations
unless the retailer | ||
performs a lot consolidation. :
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(b) A retailer that wishes to consolidate eggs shall | ||
implement and administer a training program for employees that | ||
will perform the consolidation as part of their duties. The | ||
program shall include, but not be limited to, the following: | ||
(1) Laws governing egg lot consolidation: | ||
(A) same lot code; | ||
(B) same source; | ||
(C) same sell-by date; | ||
(D) same grade; | ||
(E) same size; | ||
(F) same brand; | ||
(2) temperature requirements; | ||
(3) egg is a hazardous food (FDA Guidelines); | ||
(4) sanitation; | ||
(5) egg quality (USDA guidelines); | ||
(6) original packaging requirements (replacement | ||
cartons shall not be utilized); and | ||
(7) record keeping requirements. | ||
(c) Training shall be conducted annually and may be | ||
conducted by any means available, including, but not limited | ||
to, online, computer, classroom, live trainers, and remote | ||
trainers. |
(d) A copy of the training material must be made available | ||
upon request from the Department. A copy of the training | ||
material may be kept electronically. | ||
(e) Eggs shall be consolidated in a manner consistent with | ||
training materials required by subsection (b). | ||
(f) Each store shall maintain a record of each egg carton | ||
consolidated. The records shall be maintained by the store at | ||
the physical location the eggs were consolidated at for a | ||
period not less than one year past the last sell-by date on the | ||
cartons consolidated. The records must be available for | ||
inspection upon request from the Department. The records may be | ||
kept electronically. | ||
Each lot consolidation shall be documented. The | ||
information documented shall include, but not be limited to, | ||
the following: | ||
(1) date of consolidation; | ||
(2) brand; | ||
(3) egg size; | ||
(4) distributor; | ||
(5) USDA plant number; | ||
(6) grade; and | ||
(7) best-by (sell-by/use-by) date. | ||
(g) An Illinois-based egg producer or Illinois-based egg | ||
producer-dealer may prohibit its brands from being included in | ||
an egg lot consolidation program. Any Illinois-based egg | ||
producer or Illinois-based egg producer-dealer that chooses to |
prohibit its brands from being included in an egg lot | ||
consolidation program shall notify a retailer in writing before | ||
entering into an agreement to distribute its eggs to the | ||
retailer. Producers or producer-dealers with agreements | ||
entered into prior to the effective date of this Act shall have | ||
90 days after the effective date of this Act to notify | ||
retailers in writing of their choice to prohibit consolidation | ||
of their egg brands. | ||
Upon notification from an Illinois-based producer or | ||
Illinois-based producer dealer, a retailer shall not | ||
consolidate those brands.
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(a) The loose eggs to be so transferred are in master | ||
case
stamped no more than 5 days previous indicating that | ||
the size and quality have
been
verified.
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(b) The process of transferring is done in a licensed | ||
establishment.
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(c) (Blank).
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(d) The loose eggs to be transferred are reprocessed in | ||
the
same manner as nest-run eggs and each egg is recandled | ||
for quality and
regraded for size in an establishment | ||
recognized as a competent grading
facility by the Director | ||
or his authorized representative.
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(e) (Blank).
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If procedures described in paragraph (a) or (b) of this
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Section are executed, the mandatory
labeling as it appears on | ||
the master cases with respect to name, address,
grade, size and |
candling date must be identical to the labeling on the
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consumer-size containers into which the eggs are transferred | ||
except that
the name and address may be changed, provided that | ||
the words "packed
for",
"packed by" or words of similar import | ||
do not appear.
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(Source: P.A. 92-677, eff. 7-16-02.)
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