(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 615/3.22)(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 fi
(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 615/3.22)(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 fi
(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 615/3.22)(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 fi
