(410 ILCS 615/1) (from Ch. 56 1/2, par. 55-1)
Sec. 1.
This Act may be cited as the Illinois Egg and Egg Products Act.
(Source: P.A. 86-1475.)
(410 ILCS 615/2) (from Ch. 56 1/2, par. 55-2)
Sec. 2.
It is hereby declared to be the policy of the
General Assembly to provide for the inspection of eggs and egg products,
place restrictions upon the disposition of certain qualities of eggs,
and provide uniformity of standards for eggs, and otherwise regulate
the processing, handling, labeling, and distribution of eggs
and egg products as hereinafter prescribed to prevent the movement or
sale for human food of eggs and egg products which are adulterated or
misbranded or otherwise in violation of this Act, and to cooperate
with the Federal Government, the several states, and other people to
effectively carry out the mandate of this Act.
(Source: P.A. 79-678.)
(410 ILCS 615/3) (from Ch. 56 1/2, par. 55-3)
Sec. 3.
Definitions.
For the purpose of this Act, unless the
context otherwise requires, the terms specified in Sections 3.1 through
3.36 have the meanings assigned to them in those Sections.
(Source: P.A. 79-678.)
(410 ILCS 615/3.1) (from Ch. 56 1/2, par. 55-3.1)
Sec. 3.1.
“Adulterated” means any egg or egg product under one
or more of the following circumstances:
(a) If it bears or contains any poisonous or deleterious substance
that may render it injurious to health; but in case the substance
is not an
added substance, the article shall not be considered adulterated
under
this clause if the quantity of the substance in or on the article does
not ordinarily render it injurious to health.
(b) If it bears or contains any added poisonous or added deleterious
substance (other than one which is (i) a pesticide chemical in or on a raw
agricultural commodity; (ii) a food additive; or (iii) a color additive)
that
may, in the judgment of the Director, make the article unfit for
human food.
(c) If it is, in whole or in part, a raw agricultural commodity and
it bears or contains a pesticide chemical that is unsafe within
the meaning of Section 408 of the Federal Food, Drug and Cosmetic Act.
(d) If it bears or contains any food additive that is unsafe
within
the meaning of Section 409 of the Federal Food, Drug and Cosmetic Act.
(e) If it bears or contains any color additive that is unsafe
within
the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act.
However,
an article that is not otherwise deemed adulterated under
subparagraph (c), (d),
or (e) shall nevertheless be deemed adulterated if use of the pesticide
chemical,
food additive, or color additive, in or on the article, is
prohibited by
regulations of the Director in official plants.
(f) If it consists in whole or in part of any filthy, putrid, or decomposed
substance, or if it is otherwise unfit for human food.
(g) If it has been prepared, packaged, or held under unsanitary conditions
whereby it may have become contaminated with filth, or whereby it may have been
rendered injurious to health.
(h) If it is an egg that has been subjected to incubation or
the product
of any egg that has been subjected to incubation.
(i) If its container is composed, in whole or in part, of any poisonous or
deleterious substance that may render the contents injurious to
health.
(j) If it has been intentionally subjected to radiation, unless the use of
the radiation was in conformity with a regulation or exemption in effect
under
Section 409 of the Federal Food, Drug and Cosmetic Act.
(k) If any valuable constituent has been, in whole or in part,
omitted or
abstracted from the egg or egg product; or if any substance
has been substituted, wholly or in
part for the egg or egg product; or if damage or inferiority has been concealed in any manner; or
if any
substance has been added to the egg or egg product or mixed or
packed with the egg or egg product so as to increase its
bulk or weight, or reduce its quality or strength, or make it appear better or
of
greater value than it is.
(l) If the egg is processed in a manner that does not allow the
examination of the content of the individual egg and allows the egg content
to commingle with the egg shell or shell membrane during processing.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/3.2) (from Ch. 56 1/2, par. 55-3.2)
Sec. 3.2.
“Broker” means any person who arranges the transfer or
ownership of eggs or egg products from one person to another and who may or may not
take possession of such eggs or egg products in the process.
(Source: P.A. 79-678.)
(410 ILCS 615/3.3) (from Ch. 56 1/2, par. 55-3.3)
Sec. 3.3.
“Candling” means the careful examination, in an adequately
dark room or place, of the whole egg by means of a strong light, the apparatus and
method employed to be such as shall be approved by the said Department.
(Source: P.A. 79-678.)
(410 ILCS 615/3.4) (from Ch. 56 1/2, par. 55-3.4)
Sec. 3.4.
“Check” means an egg that has a broken shell or crack in the
shell but has its membranes intact and contents not leaking.
(Source: P.A. 79-678.)
(410 ILCS 615/3.5) (from Ch. 56 1/2, par. 55-3.5)
Sec. 3.5.
“Clean and sound shell egg” means any egg whose shell is
free of adhering dirt or foreign material and is not cracked or broken.
(Source: P.A. 79-678.)
(410 ILCS 615/3.6) (from Ch. 56 1/2, par. 55-3.6)
Sec. 3.6.
“Consumer” means any person who acquires eggs for consumption
by members of his own household, nonpaying guests and employees, and not for resale.
(Source: P.A. 79-678.)
(410 ILCS 615/3.7) (from Ch. 56 1/2, par. 55-3.7)
Sec. 3.7.
“Consumer-size container” means any case, carton, sleeve,
or other container approved by the Department which is used to market eggs to consumers.
(Source: P.A. 79-678.)
(410 ILCS 615/3.8) (from Ch. 56 1/2, par. 55-3.8)
Sec. 3.8.
“Department” means the Department of Agriculture of the
State of Illinois.
(Source: P.A. 79-678.)
(410 ILCS 615/3.9) (from Ch. 56 1/2, par. 55-3.9)
Sec. 3.9.
“Director” means the Director of the Department of Agriculture
of the State of Illinois.
(Source: P.A. 79-678.)
(410 ILCS 615/3.10) (from Ch. 56 1/2, par. 55-3.10)
Sec. 3.10.
“Dirty egg” means an egg that has a shell that is unbroken
and has adhering dirt or foreign material, or prominent stains on the shell surface,
or moderate stains covering more than 1/4 of the shell surface.
(Source: P.A. 79-678.)
(410 ILCS 615/3.11) (from Ch. 56 1/2, par. 55-3.11)
Sec. 3.11.
“Distributor” means any person who sells eggs to retailers
or institutional consumers and shall include any person distributing eggs to his or
to its own retail outlets or stores, but not including any person only engaged in
the hauling or transporting of eggs.
(Source: P.A. 79-678.)
(410 ILCS 615/3.12) (from Ch. 56 1/2, par. 55-3.12)
Sec. 3.12.
“Egg products” means any liquid, frozen, or dried eggs,
with or without added ingredients, excepting products which contain
eggs only in a relatively small proportion or historically have not been, in
the
judgment of the Director, considered by consumers as products of the egg
industry, and which may be exempted by the Director under conditions he may
prescribe to assure that the egg ingredients are not adulterated and the
products
are not adulterated and the products are not represented as egg
products.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/3.13) (from Ch. 56 1/2, par. 55-3.13)
Sec. 3.13.
“Eggs” means the shell eggs of the domesticated chicken,
turkey, duck, goose, or guinea.
(Source: P.A. 79-678.)
(410 ILCS 615/3.14) (from Ch. 56 1/2, par. 55-3.14)
Sec. 3.14.
“Facilities” means any room or place, compartment, refrigerator,
or vehicle used in handling eggs in any manner.
(Source: P.A. 79-678.)
(410 ILCS 615/3.15) (from Ch. 56 1/2, par. 55-3.15)
Sec. 3.15.
“Graded egg” means an egg which is classified in accordance
with the standards established by the Department, taking into consideration the size
or weight, quality factors (interior and exterior) including condition of white and
yolk, the size and condition of the air cell and cleanliness and soundness of shell.
(Source: P.A. 79-678.)
(410 ILCS 615/3.16) (from Ch. 56 1/2, par. 55-3.16)
Sec. 3.16.
“Handler” means any person including a producer-dealer engaged
in the business of distributing or processing eggs or egg products and may
include
the receiving, assembling, cleaning, grading, sorting, candling, packing, or
otherwise preparing for market and selling of the eggs and egg
products, or
otherwise using any eggs in the preparation of human food.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/3.16a)
Sec. 3.16a.
“Hazardous-disease-infected flock” means a flock of chickens
that has
been found to be infected with salmonella or another poultry disease that may
be injurious to the health of humans.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/3.17) (from Ch. 56 1/2, par. 55-3.17)
Sec. 3.17.
“Inedible egg” means any egg of the following description:
black rot, yellow rot, white rot, mixed rot (addled egg), sour egg, egg with
a green white, egg with a stuck yolk, moldy egg, musty egg, egg showing a blood
ring, and an egg containing any embryo chick (at or beyond the blood ring
stage),
and any egg that is adulterated as that term is defined pursuant
to the Federal
Food, Drug and Cosmetic Act.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/3.18) (from Ch. 56 1/2, par. 55-3.18)
Sec. 3.18.
“Inspector” means any employee or official authorized
to inspect eggs or egg products and to enforce other regulatory measures
necessary to effectively carry out the mandate of this Act.
(Source: P.A. 79-678.)
(410 ILCS 615/3.19) (from Ch. 56 1/2, par. 55-3.19)
Sec. 3.19.
“Institutional consumer” means any restaurant, hotel, boarding
house, hospital, nursing home, government institution, or any other business
facility or place in which eggs are prepared or offered as food for use by its
patrons, residents, inmates, or patients.
(Source: P.A. 79-678.)
(410 ILCS 615/3.20) (from Ch. 56 1/2, par. 55-3.20)
Sec. 3.20.
“Leaker” means an egg that has a crack or break
in the shell and shell membranes to the extent that the egg contents are
exposed or are exuding or free to exude through the shell.
(Source: P.A. 79-678.)
(410 ILCS 615/3.21) (from Ch. 56 1/2, par. 55-3.21)
Sec. 3.21.
“Loss” means an egg that is unfit for human food
because it is smashed or broken so that its contents are leaking;
or overheated, frozen, or contaminated; or an incubator reject;
or because it contains a bloody white, large meat spots, a large
quantity of blood, or other foreign material.
(Source: P.A. 79-678.)
(410 ILCS 615/3.21a)
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.
(Source: P.A. 99-732, eff. 1-1-17.)
(410 ILCS 615/3.22) (from Ch. 56 1/2, par. 55-3.22)
Sec. 3.22.
“Master container” means any type of box or case
made of plastic, wire, cardboard, or other suitable material, used
to distribute consumer-size containers
to retailers or institutional consumers
or bulk (loose) eggs
to institutional consumers.
(Source: P.A. 79-678.)
(410 ILCS 615/3.23) (from Ch. 56 1/2, par. 55-3.23)
Sec. 3.23.
“Nest run eggs” means eggs which are packed as they come from
the production facilities without having been washed, sized, or candled
for quality, with the exception that some checks, dirties or other obvious
undergrades may have been removed.
(Source: P.A. 79-1415.)
(410 ILCS 615/3.24) (from Ch. 56 1/2, par. 55-3.24)
Sec. 3.24.
“Official plant” means any establishment at which
inspection of the processing of egg products is maintained by the
Department under the authority of this Act or by the United States Department
of Agriculture under authority of the Federal Egg Products Inspection Act.
(Source: P.A. 79-678.)
(410 ILCS 615/3.25) (from Ch. 56 1/2, par. 55-3.25)
Sec. 3.25.
“Packer” means any person who grades, sizes, candles,
and packs eggs for purpose of resale.
(Source: P.A. 79-678.)
(410 ILCS 615/3.26) (from Ch. 56 1/2, par. 55-3.26)
Sec. 3.26.
“Person” means and includes any individual, partnership,
firm, corporation, producer, exchange, association, trustee, receiver, or
any other entity and any member officer, employee, or agent thereof.
(Source: P.A. 79-678.)
(410 ILCS 615/3.27) (from Ch. 56 1/2, par. 55-3.27)
Sec. 3.27.
“Processing” means manufacturing egg products, including
breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing,
cooling, freezing, drying, or packaging egg products.
(Source: P.A. 79-678.)
(410 ILCS 615/3.28) (from Ch. 56 1/2, par. 55-3.28)
Sec. 3.28.
“Producer” means a person who feeds and houses any number of
chickens, turkeys, ducks, geese, or guineas and obtains eggs therefrom, but shall not
include any person who obtains eggs during the hauling, transporting, holding for
slaughter, or eviscerating of such chickens, turkeys, ducks, geese, or guineas.
(Source: P.A. 79-678.)
(410 ILCS 615/3.29) (from Ch. 56 1/2, par. 55-3.29)
Sec. 3.29.
“Producer-dealer” means a producer who candles and grades eggs of his
own production or additional eggs other than his own production to sell on or off the
premises to household consumers, institutional consumers, distributors,
manufacturers, or retailers.
(Source: P.A. 79-678.)
(410 ILCS 615/3.30) (from Ch. 56 1/2, par. 55-3.30)
Sec. 3.30.
“Restricted egg” means any check, dirty egg,
incubator reject, inedible, leaker, or loss.
(Source: P.A. 79-678.)
(410 ILCS 615/3.31) (from Ch. 56 1/2, par. 55-3.31)
Sec. 3.31.
“Retailer” means a person who buys candled and graded
eggs or egg products from a licensed manufacturer, licensed
handler, or licensed distributor for resale to a consumer only,
or who buys candled or graded eggs or egg products to use in the preparation
of other consumer foods for resale.
(Source: P.A. 79-678.)
(410 ILCS 615/3.32) (from Ch. 56 1/2, par. 55-3.32)
Sec. 3.32.
“Sell” means offer for sale, expose for sale, have in
possession for sale, barter, trade, distribute, market, or traffic in eggs
in any manner.
(Source: P.A. 79-678.)
(410 ILCS 615/3.33) (from Ch. 56 1/2, par. 55-3.33)
Sec. 3.33.
“Shell treated egg” means that the shell has been
treated with oil or other approved preservative preparation.
(Source: P.A. 79-678.)
(410 ILCS 615/3.34) (from Ch. 56 1/2, par. 55-3.34)
Sec. 3.34.
“State” means the State of Illinois.
(Source: P.A. 79-678.)
(410 ILCS 615/3.35) (from Ch. 56 1/2, par. 55-3.35)
Sec. 3.35.
“Federal Food, Drug, and Cosmetic Act”
means the Act approved June 25, 1938 (52 Stat.1040), as amended.
(Source: P.A. 79-678.)
(410 ILCS 615/3.36) (from Ch. 56 1/2, par. 55-3.36)
Sec. 3.36.
“Egg Products Inspection Act” means the
federal Act approved December 29, 1970 (84 Stat. 1621), as amended.
(Source: P.A. 79-678.)
(410 ILCS 615/4) (from Ch. 56 1/2, par. 55-4)
Sec. 4.
Sale of unfit eggs or egg products.
No person shall sell or
offer for sale eggs or egg
products for human consumption that are unfit for human food. For the
purpose of this Act, an egg or egg product is unfit for human food if it
is classified as an inedible egg or loss egg or, in the case of an egg
product,
it is adulterated, unwholesome, non-inspected, or otherwise unfit for human
consumption. Eggs from a hazardous-disease-infected flock shall be diverted
to egg breaking plants for pasteurization only.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/5) (from Ch. 56 1/2, par. 55-5)
Sec. 5.
The Department, after investigation and public hearing,
shall establish standards for grading and classification of shell eggs
according to the size or weight, quality factors (interior and exterior)
including condition of white and yolk, the size and condition of the air
cell and cleanliness and soundness of shell. In establishing these
standards, the Department may follow the standards promulgated by the
United States Department of Agriculture and may, after investigation and
public hearing, amend the Illinois standards from time to time so that the
federal specifications can be followed consistently if so desired. Copies
of any standards so established, or any amendment thereof, shall be
kept on file in the office of the Director.
The Department shall promulgate a regulation providing that when
eggs are purchased on a basis of grade yield, a uniform type of report
shall be issued to the producer by the purchaser showing grade yield of
eggs that have been purchased from the producer.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)
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.
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.
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
held in a place or room in which the temperature may not exceed 45 degrees
Fahrenheit after processing. Nest run eggs must be held and transported at or below 45 degrees Fahrenheit ambient temperature beginning 36 hours after the time of lay.
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.
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.
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 days from the candling date
for
grade A eggs and not later than 30 days after the candling date for grade AA
eggs.
The grade and size of eggs must be conspicuously marked in bold face
type on all consumer-size containers.
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.
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
disease-causing eggs came shall be identified with a producer identification or
flock code number to control the movement of those eggs.
(Source: P.A. 101-158, eff. 7-26-19.)
(410 ILCS 615/7) (from Ch. 56 1/2, par. 55-7)
Sec. 7.
No person, other than those who sell only eggs produced by
their own flocks, shall sell, offer for sale or advertise for sale as
“fresh eggs”, or under any words of similar import such as “new laid
eggs”, “hennery eggs”, or “strictly fresh eggs”, any shell eggs which do
not meet the minimum requirements of Grade A prescribed by Department standards
for
shell eggs.
Any person buying eggs from a producer on grade or representing to
buy eggs from a producer on grade shall grade those eggs on the
standards established by the Department. Any misgrading for the purpose
of fraud in grading eggs purchased from a producer shall be punished as
provided in Section 18 of this Act.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/8) (from Ch. 56 1/2, par. 55-8)
Sec. 8.
Any person or business who buys, sells, trades, or traffics in
eggs in this State and is a broker, distributor, handler, packer, producer, or
producer-dealer, as defined in this Act, must be licensed in this State. A
limited or full license must be purchased annually. No person or business
shall buy,
sell,
trade,
or traffic in
eggs in this State without having obtained a license as
provided in Section 9, except the following:
- (a) a producer who obtains eggs from his own flock, regardless of the size of the flock, and sells them as nest run eggs, either to household consumers on the premises where the flock is located, or to a holder of an Illinois Egg License;
- (b) hatcheries which purchase eggs to be used exclusively for hatching purposes;
- (c) institutional consumers where all eggs purchased are served in the establishment;
- (d) manufacturers of food products who use all eggs purchased in their products such as bakeries, confectioneries, and ice cream manufacturers, etc.;
- (e) agents employed and carried on the payroll on a salary basis by licensed dealers or distributors;
- (f) a consumer buying eggs for his own consumption;
- (g) a retailer who buys eggs from licensed distributors or from licensed handlers only and sells eggs only at retail.
(Source: P.A. 92-677, eff. 7-16-02.)
(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 license fee.
(Source: P.A. 98-345, eff. 8-13-13.)
(410 ILCS 615/10) (from Ch. 56 1/2, par. 55-10)
Sec. 10. Inspection fee. The Director shall
set, by
regulation, a per case inspection fee which shall
cover
the administrative and inspection costs of the program required by the
Act. In no case shall the rate exceed 11¢ per each 30 dozen eggs or
fraction thereof.
The inspection fee as set shall be imposed upon eggs bearing a
designated size and grade sold or offered for sale in Illinois. The first
handler in Illinois who packed and sold the eggs must pay the prescribed
inspection fee on those eggs. If eggs are shipped into Illinois, the
handler who invoiced the eggs to Illinois must pay the fee. When
the
handler sells the eggs,
the inspection fee shall be charged in addition to the sale price of the eggs
and shall be remitted to the seller by the purchaser.
Each sales
invoice shall indicate the amount of inspection fee for the transaction.
Eggs sold and shipped out of the State of Illinois by Illinois packers
are exempt from the inspection fee.
The inspection fee shall be paid only once on the same quantity
of
eggs so long as those eggs maintain their identity by remaining in
their
original case, carton or package.
All inspection fees shall be paid
into the “Agricultural Master Fund” to the credit of a special account
designated as the “Auxiliary Egg Inspection Fund”. All amounts credited to
the
“Auxiliary Egg Inspection Fund” shall be used for the enforcement of the
provisions of this Act. The method and manner of collecting the inspection
fee levied, whether it be by the use of stamps, monthly reporting and
collecting from dealers or any other method shall be prescribed by the
Director of Agriculture, pursuant to rules and regulations adopted for
this purpose as authorized under the provisions of this Act.
(Source: P.A. 96-1310, eff. 7-27-10.)
(410 ILCS 615/11.1) (from Ch. 56 1/2, par. 55-11.1)
Sec. 11.1.
(Repealed).
(Source: P.A. 80-522. Repealed by P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/11.2) (from Ch. 56 1/2, par. 55-11.2)
Sec. 11.2.
(Repealed).
(Source: P.A. 80-522. Repealed by P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/11.3) (from Ch. 56 1/2, par. 55-11.3)
Sec. 11.3.
(Repealed).
(Source: P.A. 79-1415. Repealed by P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/11.4) (from Ch. 56 1/2, par. 55-11.4)
Sec. 11.4.
(Repealed).
(Source: P.A. 79-678. Repealed by P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/11.5) (from Ch. 56 1/2, par. 55-11.5)
Sec. 11.5.
Investigation; notice; hearing.
The Department may, upon its
own motion or upon
the complaint in writing of any person setting forth facts which
if
proved would constitute grounds for refusal to issue or renew a license
or suspension or revocation of a
license
under this Act, investigate the actions of any applicant or any person or
persons
applying for, holding, or claiming to hold a license.
The Department, before refusing to issue or
renew or
before suspending or revoking a license shall set a date for a
hearing thereon. At least 10 days prior to the date set for the hearing,
the Department shall notify in writing the applicant for or holder of a license
of the date, time, and place of the hearing. Written notice may be served by
personal service or by mailing the same by registered
or certified mail. The Director may, after a hearing, issue an order to
either issue, renew, suspend, or revoke the license.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/12) (from Ch. 56 1/2, par. 55-12)
Sec. 12.
Each producer-dealer, packer, handler or distributor who
sells candled and graded eggs to any retailer, institutional consumer,
bakery, or concern which purchases eggs for serving to guests or patrons
thereof or for its use in preparation of any food products for human
consumption, shall furnish the purchaser with an invoice
or other accounting document
covering each sale,
showing the exact grade and size of the eggs purchased.
The handler selling and the purchaser shall each be able to produce a copy
of said invoice or other accounting document at his place of business for a
period of
30 days, during which time the copy shall be available for inspection
during reasonable business hours by a representative of the Department.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/13) (from Ch. 56 1/2, par. 55-13)
Sec. 13.
The Director shall make rules and regulations
necessary for the effective administration of this Act. These
rules and
regulations shall conform as near as possible but need not be limited
by rules and regulations established by federal law in
the Egg Products Inspection Act, governing the inspection of eggs.
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 trust fund in the appropriate State agencies
for receipt and disbursement of cooperative funds from the Federal Government.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/14.1) (from Ch. 56 1/2, par. 55-14.1)
Sec. 14.1.
(Repealed).
(Source: P.A. 79-678. Repealed by P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/14.2) (from Ch. 56 1/2, par. 55-14.2)
Sec. 14.2.
For the purpose of carrying out the provisions of this Act
and the rules and regulations promulgated thereunder, the Department through
its
authorized inspectors or agents is empowered:
- (a) To enter on any business day during the usual hours of business, any place or conveyance within the State where eggs are produced, candled, incubated, stored, packed, delivered for shipment, loaded, shipped, transported or sold.
- (b) To enter on any business day during the usual hours of business, with or without the presence of the owner, manager, or other responsible person, any restaurant kitchen or the kitchen and food storage area of any other public eating place including but not limited to hotels, boarding houses, hospitals, nursing homes, government institutions, or any other business facility or place in which eggs or egg products are stored, prepared, or offered as food for use by its patrons, residents, inmates, or patients.
- (c) To enter on any business day during the usual hours of business the cooking or food preparation area of any bakery where eggs and egg products are used in the manufacture of bakery products, with or without the presence of the owner or persons employed as bakers, or to enter at any time while those bakery products are being prepared.
- (d) To sample any eggs or egg products for analysis or testing. Sample eggs or egg products shall be furnished at no cost to the Department.
- (e) To inspect all invoices, eggs and egg products, and the cases and containers for eggs or egg products and the equipment found in the places or conveyances described in paragraph (a) and to seize and hold as evidence an advertisement, sign, placard, invoice, case or container of eggs or egg products, or all or any part of any pack, load, lot, consignment, or shipment of eggs or egg products packed, stored, delivered for shipment, loaded, shipped, transported, or sold in violation of any provision of this Act.
- (f) To seize and hold any case or container of eggs or egg products from any person or business who is not licensed under Section 8 of this Act and is required to be licensed.
Possession of a commodity described in this Section by any person engaged in the sale of that commodity is prima facie evidence that the commodity is for sale.
(Source: P.A. 96-1310, eff. 7-27-10.)
(410 ILCS 615/14.3) (from Ch. 56 1/2, par. 55-14.3)
Sec. 14.3.
(Repealed).
(Source: P.A. 79-678. Repealed by P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)
Sec. 15. Samples; packing methods.
(a) The Department shall prescribe
methods in conformity
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.
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.
(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 January 1, 2017 (the effective date of Public Act 99-732) shall have 90 days after January 1, 2017 (the effective date of Public Act 99-732) 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.
(Source: P.A. 99-732, eff. 1-1-17; 100-201, eff. 8-18-17.)
(410 ILCS 615/16) (from Ch. 56 1/2, par. 55-16)
Sec. 16.
Effective November 1, 1975, no person shall engage in the business
of removing eggs from their shells, in the manufacture of or preparation of
frozen, liquid, desiccated or any other forms of whole eggs, yolks, whites or
any mixture of yolks and whites for food purposes, with or without the addition
of any other wholesome ingredients, without first obtaining an Egg Breaker’s
License from the Department. The Department shall inspect the establishment
and the equipment to be used in the egg breaking establishment and shall
also ascertain if the establishment complies in method, equipment and the rules
and regulations in regard to sanitation, which shall from time to time be
established by the Department to govern these establishments. If, after such
inspection, it appears that such establishment complies with the provisions of
the rules and regulations in regard to sanitation governing egg breaking
establishments, the Department shall issue an Egg Breaker’s License to the
establishment, upon payment of the required fee. Beginning on November 1, 2010, the license year shall begin on November 1 and expire on June 30, 2011. Thereafter, the license year shall begin on July 1 of each year, and all licenses shall expire on June 30 of the following year. The license fee shall be $200 for a year or fraction thereof.
All liquid, frozen or dried egg products sold or offered for sale
shall be processed under continuous supervision of an inspector of the
Department or the United States Department of Agriculture in an Official
Plant as specified in the Egg Products Inspection Act.
(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.
- (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.
- (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.
(Source: P.A. 98-345, eff. 8-13-13.)
(410 ILCS 615/16.6)
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.
(Source: P.A. 98-345, eff. 8-13-13.)
(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 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 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. 98-345, eff. 8-13-13.)
(410 ILCS 615/16.9)
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.
(Source: P.A. 98-345, eff. 8-13-13.)
(410 ILCS 615/17) (from Ch. 56 1/2, par. 55-17)
Sec. 17.
(Repealed).
(Source: P.A. 79-678. Repealed by P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/17.5)
Sec. 17.5.
Subpoenas.
The Director may issue subpoenas, may bring
before the Department any person, and may take testimony either at an
administrative
hearing or by deposition, with witness fees and mileage fees and in the same
manner as prescribed in the Code of Civil Procedure. The Director may
administer oaths to witnesses at any proceeding that the Department is
authorized by law to conduct. The Director may issue subpoenas duces tecum to
command the production of any records relating to any person. Subpoenas are
subject to the rules of the Department.
If a person fails to obey a subpoena, the Director or any person who caused
the subpoena to be issued may cause a petition for enforcement of the subpoena
to be filed in the circuit court of the county of residence or principal place
of business of the person who failed or refused to obey the subpoena or in
Sangamon County. The circuit court has jurisdiction to enforce the subpoena.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/18) (from Ch. 56 1/2, par. 55-18)
Sec. 18.
(Repealed).
(Source: P.A. 83-1362. Repealed by P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/18.5)
Sec. 18.5.
Administrative procedure.
The Illinois Administrative
Procedure Act and the Department’s rules concerning administrative hearings
apply to this Act.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/19) (from Ch. 56 1/2, par. 55-19)
Sec. 19.
All final
administrative decisions of the Department are subject to judicial review
under Article III of the Code of Civil Procedure and rules adopted
under that Article. The term
“administrative decision” is defined as in Section 3-101 of the Code of Civil
Procedure.
Proceedings for judicial review shall be commenced in the circuit court of
any county permitted by Section 3-104 of the Code of Civil Procedure.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/20) (from Ch. 56 1/2, par. 55-20)
Sec. 20.
Deposit of fees and civil penalties.
All license fees and
penalties collected under this Act shall be paid
into the Agricultural Master Fund.
(Source: P.A. 89-154, eff. 7-19-95.)
(410 ILCS 615/21) (from Ch. 56 1/2, par. 55-21)
Sec. 21.
The invalidity of any Section or parts of any Section of this Act
or any rule or regulation pursuant thereto shall not affect the validity
of the remainder
of this Act, or any rule or regulation.
(Source: P.A. 79-678.)