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92_HB4890enr
HB4890 Enrolled LRB9213810DHmg
1 AN ACT concerning farm products.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Egg and Egg Products Act is
5 amended by changing Sections 6, 8, 10, and 15 as follows:
6 (410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)
7 Sec. 6. Candling; labeling; sales by producers; retail
8 sales; temperature requirements. All eggs sold at retail or
9 purchased by institutional consumers must be candled for
10 quality and graded for size.
11 A producer may sell, direct to a household consumer for
12 that consumer's personal use and that consumer's non-paying
13 guests, eggs produced by a producer's own birds without
14 candling or grading the eggs.
15 A producer may sell on his own premises where eggs are
16 produced, direct to household consumers, for the consumer's
17 personal use and that consumer's non-paying guests, nest run
18 eggs classified as checks and dirties without candling or
19 grading those eggs.
20 All eggs designated for sale off the premises where the
21 flock is located, such as at farmers' markets, and at retail
22 or for institutional use must be candled and graded and held
23 in a place or room in which the temperature may not exceed 45
24 degrees Fahrenheit after processing. Nest run eggs shall be
25 held at 60 degrees Fahrenheit or less at all times. During
26 transportation, the egg temperature may not exceed 45 degrees
27 Fahrenheit.
28 Hatcheries buying eggs for hatching purposes from
29 producers under contract may sell their surplus eggs to a
30 licensed packer or handler provided that the hatchery shall
31 keep records which indicate the number of cases sold, the
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1 date of sale and the name and address of the packer or
2 handler making the purchase.
3 All eggs candled or candled and graded outside the State
4 must meet Federal standards before they can be sold or
5 offered for sale in the State. No eggs may be offered for
6 sale for consumer use after the original 30-day candling
7 date. All eggs candled or candled and graded must be
8 recandled and regraded if not sold at retail within 30 days
9 of the original candling date.
10 Each container of eggs offered for sale or sold at
11 wholesale or retail must be labeled in accordance with the
12 standards established by the Department showing grade, size,
13 packer identification, and candling packing date, and may be
14 labeled with an expiration date, or other similar language as
15 specified by USDA standards, that is not later than 30 days
16 from after the candling packing date for grade A eggs and not
17 later than 15 days after the candling date for grade AA eggs.
18 The date of candling and an expiration date not later than 30
19 days after the date of packing must appear in lettering on
20 the container in which the eggs are offered for sale. Eggs
21 identified as grade AA shall have an expiration date not
22 later than 15 days after the date of packing.
23 The grade and size of eggs must be conspicuously marked
24 in bold face type on all consumer-size containers.
25 The size and height of lettering or numbering requirement
26 shall be set by regulation and shall conform as near as
27 possible to those required by Federal law.
28 All advertising of shell eggs for sale at retail for a
29 stated price shall contain the grade and size of the eggs.
30 The information contained in such advertising shall not be
31 misleading or deceptive. In cases of food-borne disease
32 outbreaks in which eggs are identified as the source of the
33 disease, all eggs from the flocks from which those
34 disease-causing eggs came shall be identified with a producer
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1 identification or flock code number to control the movement
2 of those eggs.
3 (Source: P.A. 89-154, eff. 7-19-95.)
4 (410 ILCS 615/8) (from Ch. 56 1/2, par. 55-8)
5 Sec. 8. Any person or business who buys, sells, trades,
6 or traffics in eggs in this State and is a broker,
7 distributor, handler, packer, producer, or producer-dealer,
8 as defined in this Act, must be licensed in this State. A
9 limited or full license must be purchased annually. No person
10 or business shall buy, sell, trade, or traffic in barter eggs
11 in this State without having obtained a license as provided
12 in Section 9, except the following:
13 (a) A producer who obtains eggs from his own flock,
14 regardless of the size of the flock, and sells them as nest
15 run eggs, either to household consumers on the premises where
16 the flock is located, or to a holder of an Illinois Egg
17 License;
18 (b) Hatcheries which purchase eggs to be used
19 exclusively for hatching purposes;
20 (c) Institutional consumers where all eggs purchased are
21 served in the establishment;
22 (d) Manufacturers of food products who use all eggs
23 purchased in their products such as bakeries,
24 confectioneries, and ice cream manufacturers, etc.;
25 (e) Agents employed and carried on the payroll on a
26 salary basis by licensed dealers or distributors;
27 (f) A consumer buying eggs for his own consumption;
28 (g) A retailer who buys eggs from licensed distributors
29 or from licensed handlers only and sells eggs only at retail.
30 (Source: P.A. 89-154, eff. 7-19-95.)
31 (410 ILCS 615/10) (from Ch. 56 1/2, par. 55-10)
32 Sec. 10. Inspection fee. The Director shall set, by
HB4890 Enrolled -4- LRB9213810DHmg
1 regulation, a per case inspection fee which shall cover the
2 administrative and inspection costs of the program required
3 by the Act. In no case shall the rate exceed 6¢ per each 30
4 dozen eggs or fraction thereof.
5 The inspection fee as set shall be imposed upon eggs
6 bearing a designated size and grade sold or offered for sale
7 in Illinois. The first handler in Illinois who packed and
8 sold the eggs must pay the prescribed inspection fee on those
9 eggs. If eggs are shipped into Illinois, the handler who
10 invoiced the eggs to Illinois must pay the fee. The fee shall
11 be paid by the handler at the point of candling and grading.
12 When the handler sells the eggs, the inspection fee shall be
13 charged in addition to the sale price of the eggs and shall
14 be remitted to the seller by the purchaser. Each sales
15 invoice shall indicate the amount of inspection fee for the
16 transaction. Eggs sold and shipped out of the State of
17 Illinois by Illinois packers are exempt from the inspection
18 fee.
19 The inspection fee shall be paid only once on the same
20 quantity of eggs so long as those eggs maintain their
21 identity by remaining in their original case, carton or
22 package. All inspection fees shall be paid into the
23 "Agricultural Master Fund" to the credit of a special account
24 designated as the "Auxiliary Egg Inspection Fund". All
25 amounts credited to the "Auxiliary Egg Inspection Fund" shall
26 be used for the enforcement of the provisions of this Act.
27 The method and manner of collecting the inspection fee
28 levied, whether it be by the use of stamps, monthly reporting
29 and collecting from dealers or any other method shall be
30 prescribed by the Director of Agriculture, pursuant to rules
31 and regulations adopted for this purpose as authorized under
32 the provisions of this Act.
33 (Source: P.A. 89-154, eff. 7-19-95.)
HB4890 Enrolled -5- LRB9213810DHmg
1 (410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)
2 Sec. 15. Samples; packing methods. The Department shall
3 prescribe methods in conformity with the United States
4 Department of Agriculture specifications for selecting
5 samples of lots, cases or containers of eggs or egg products
6 which shall be reasonably calculated to produce fair
7 representations of the entire lots or cases and containers
8 sampled. Any sample taken shall be prima facie evidence in
9 any court in this State of the true condition of the entire
10 lot, case or container of eggs or egg products in the
11 examination of which the sample was taken.
12 It shall be unlawful for any handler or retailer to pack
13 eggs into consumer-size containers other than during the
14 original candling and grading operations unless:
15 (a) The loose eggs to be so transferred are in master
16 case stamped no more than 5 days previous indicating that the
17 size and quality have been verified.
18 (b) The process of transferring is done in a licensed
19 establishment.
20 (c) (Blank).
21 (d) The loose eggs to be transferred are reprocessed in
22 the same manner as nest-run eggs and each egg is recandled
23 for quality and regraded for size in an establishment
24 recognized as a competent grading facility by the Director or
25 his authorized representative.
26 (e) (Blank) The retail location shall be granted written
27 permission to repack eggs and shall comply with the following
28 requirements:
29 (1) A retailer shall only repackage clean and sound
30 shell eggs which originated from properly labeled
31 consumer-size containers that have been damaged or their
32 contents damaged. The repacked eggs shall meet U.S.
33 Department of Agriculture standards for consumer Grade B
34 eggs. Eggs in the repacked consumer-size container shall
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1 be no less than medium in size. It shall be unlawful to
2 repackage eggs that do not meet the requirements of
3 Section 6 of this Act.
4 (2) The consumer-size egg container that contains
5 eggs that have been repacked shall be labeled with a
6 statement declaring that the eggs in the container were
7 repackaged by the retail store offering the eggs for
8 sale, the name of the retail store, its location, the
9 date the eggs were repacked and the oldest candling date
10 which appeared on the consumer-size egg container or
11 containers from which the repackaged eggs originated.
12 The repackaged egg container shall also be labeled "Grade
13 B Medium" and contain a statement indicating that "some
14 of the eggs may be larger than indicated on the carton".
15 (3) The labeling on the consumer-size container
16 used for the repackaged eggs shall meet the type and
17 lettering size requirements as required on the original
18 consumer-size containers. The additional labeling
19 information required on repacked egg containers shall be
20 in bold face type with lettering no less than 1/8 inch in
21 height.
22 (4) The Department shall grant written permission
23 to repackage eggs at the retail level when an application
24 is made by a retailer.
25 If procedures described in paragraph (a) or (b) of this
26 Section are executed, the mandatory labeling as it appears
27 on the master cases with respect to name, address, grade,
28 size and candling date must be identical to the labeling on
29 the consumer-size containers into which the eggs are
30 transferred except that the name and address may be changed,
31 provided that the words "packed for", "packed by" or words
32 of similar import do not appear.
33 (Source: P.A. 89-154, eff. 7-19-95.)
HB4890 Enrolled -7- LRB9213810DHmg
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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