Chapter 410 — PUBLIC HEALTH

(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 f…

(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.)

(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 subs…

(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: …

(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 eng…

(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 …

(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 o…

(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, packin…

(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 r…

(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 it…

(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 615/3.20) (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,…

(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 t…

(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 undergra…

(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 au…

(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-…

(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, …

(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, dis…

(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. (Sourc…

(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 e…

(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 615/3.4) (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 615/4) (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…

(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 whi…

(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 pr…

(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 "s…

(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 o…

(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…

(410 ILCS 620/1) (from Ch. 56 1/2, par. 501) Sec. 1. This Act shall be known and may be cited as the Illinois Food, Drug and Cosmetic Act. (Source: Laws 1967, p. 959.)

(410 ILCS 620/10) (from Ch. 56 1/2, par. 510) Sec. 10. A food is adulterated - (a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adu…