Public Act 104-0210
 
HB2196 EnrolledLRB104 11666 AAS 21755 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Meat and Poultry Inspection Act is amended 
by changing Section 5 as follows:
 
    (225 ILCS 650/5)  (from Ch. 56 1/2, par. 305)
    Sec. 5. Exemptions; producers, retailers, and poultry 
raisers. Exemptions - Producers, Retailers, and Poultry 
Raisers. 
    The following types of establishments are exempt from the 
specific provisions of this Act:
        (A) A "producer" means any person engaged in producing 
    agricultural products, for personal or family use, on 
    whose farm the number of animals or poultry is in keeping 
    with the size of the farm or with the volume or character 
    of the agricultural products produced thereon, but does 
    not mean any person engaged in producing agricultural 
    products who:
            1. actively engages in buying or trading animals 
        or poultry or both; or
            2. actively engages directly or indirectly in 
        conducting a business which includes the slaughter of 
        animals or poultry or both, for human food purposes; 
        or
            3. actively engages, directly or indirectly, in 
        canning, curing, pickling, freezing, salting meat or 
        poultry, or in preparing meat or poultry products for 
        sale. ; or
            4. slaughters or permits any person to slaughter 
        on his or their farm animals or poultry not owned by 
        the producer for more than 30 days.
        (A-5) Retail dealers or retail butchers with respect 
    to meat or poultry products sold directly to consumers in 
    retail stores; provided, that the only processing 
    operation performed by such retail dealers or retail 
    butchers is the cutting up of meat or poultry products 
    which have been inspected under the provisions of this Act 
    and is incidental to the operation of the retail food 
    store.
        (B) Poultry raisers with respect to poultry raised on 
    their own farms or premises if:
            (a) if such raisers slaughter, eviscerate, or 
        further process not more than 7,500 5,000 poultry 
        during the calendar year for which this exemption is 
        being granted;
            (b) such poultry raisers do not engage in buying 
        or selling poultry products other than those produced 
        from poultry raised on their own farms or premises;
            (c) such poultry or poultry products are 
        slaughtered, otherwise prepared, sold or delivered to 
        the consumer on or from the premises for which the 
        exemption is given, including sales at the poultry 
        raiser's farm, at a farmers' market, at a roadside 
        stand, or through delivery to the consumer;
            (d) such slaughter or preparation shall be 
        performed in sanitary facilities, in a sanitary 
        manner, and subject to periodic inspection by 
        Department personnel;
            (e) persons desiring such exemptions shall submit 
        in writing a request to the Department;
            (f) there is at least one person who is 
        responsible for all periods of operation for the 
        premises for which the exemption is given who has 
        successfully obtained a certification as a Certified 
        Food Protection Manager from a program that is 
        accredited by the American National Standards 
        Institute;
            (g) the poultry products are labeled in at least 
        10-point font to include the producer's name and 
        address, the date on which the poultry product was 
        processed, and the statement "NOT INSPECTED-Exempt 
        P.L. 90-492";
            (h) at the point of sale, notice is provided in a 
        prominent location and states the following: "These 
        poultry products were processed in an on-farm facility 
        that is exempt from continuous inspection by the 
        Illinois Department of Agriculture or the United 
        States Department of Agriculture.". A notice on a 
        physical display shall be prominently displayed on a 
        placard in at least 18-point font. A notice displayed 
        online shall be displayed in the form of a message on 
        the farm's online sales interface at the point of 
        sale;
            (i) at the point of sale at farmers' markets, 
        information in the form of a placard, flyer, or 
        product label shall be provided to consumers regarding 
        safe handling instructions for poultry or poultry 
        products produced under this Section as described in 9 
        CFR 381.125(b) with the rationale statement provided 
        in 9 CFR 381.125(b)(2)(ii);
            (j) poultry and poultry products produced under 
        this Section shall be maintained at temperatures as 
        provided in Section 3.3 of the Food Handling 
        Regulation Enforcement Act during storage, 
        transportation, shipping, and delivery; and
            (k) poultry or poultry products produced under 
        this Section that are sold, offered for sale, or 
        otherwise distributed at farmers' markets shall be 
        sealed in a watertight or leakproof bag or other 
        watertight or leakproof packaging. 
        An The exemption under this Section shall be effective 
    upon written notice from the Department and shall remain 
    in effect for a period of 2 years, unless revoked. 
    Adequate records must be maintained to assure that not 
    more than the number of exempted poultry are slaughtered 
    or processed in one calendar year. Such records shall be 
    kept for one year following the termination of each 
    exemption. Any advertisement regarding the exempt poultry 
    or poultry products shall reflect the fact of exemption so 
    as not to mislead the consumer to presume official 
    inspection has been made under the Meat and Poultry 
    Inspection Act.
(Source: P.A. 91-170, eff. 1-1-00; 91-614, eff. 1-1-00; 92-16, 
eff. 6-28-01.)