Bill Text: IL HB2458 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Meat and Poultry Inspection Act. Provides that a processor or establishment may affix a label to meat or a meat food product or poultry or a poultry food product that states that the meat or poultry was Illinois-raised if that meat or poultry was raised in Illinois.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2458 Detail]

Download: Illinois-2019-HB2458-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2458 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
225 ILCS 650/13 from Ch. 56 1/2, par. 313
Amends the Meat and Poultry Inspection Act. Provides that a processor or establishment may affix a label to meat or a meat food product or poultry or a poultry food product that states that the meat or poultry was Illinois-raised if that meat or poultry was raised in Illinois.
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A BILL FOR
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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 13 as follows:
(225 ILCS 650/13) (from Ch. 56 1/2, par. 313)
Sec. 13. Official inspection legend, marking and labeling.
(a) It is unlawful for any person except employees of the
United States Department of Agriculture, the Department or an
authorized municipal inspection department to possess, use, or
keep an inspection stamp, mark, or brand provided or used for
stamping, marking, branding, or otherwise identifying
carcasses of meat or poultry products, or to possess, use or
keep any stamp, mark or brand having thereon a device, words,
or insignia the same or similar in character or import to the
stamps, marks, or brands provided or used by the United States
Department of Agriculture, the State Department of Agriculture
or any approved municipal inspection department for stamping,
marking, branding or otherwise identifying the carcasses of
meat or poultry or meat and poultry products or parts thereof
intended for human food.
(b) When any meat or meat food product which has been
inspected as provided in this Act and marked "Illinois

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Inspected and Passed" is placed or packed in an immediate
container in any establishment where inspection under this Act
is maintained, the person, firm, or corporation preparing the
product shall attach a label as required to the immediate
container under supervision of an inspector. The label shall
state that the contents have been "Illinois Inspected and
Passed" under this Act, and no inspection and examination of
meat or meat food products or poultry or poultry food products
deposited or enclosed in an immediate container in any
establishment where inspection under this Act is maintained is
complete until the meat or meat food products or poultry or
poultry food products have been sealed or enclosed in an
immediate container under the supervision of an inspector. At
minimum, all amenable products derived from inspected meat,
meat food products, poultry, or poultry food products shall
bear a mark with an establishment name, owner/customer name,
and handling statement.
(c) All carcasses, parts of carcasses, meat, meat food
products, poultry, or poultry food products inspected at any
establishment under the authority of this Act and found to be
not adulterated shall at the time they leave the establishment
bear in distinctly legible form, directly thereon or on their
containers, as the Director may require, the information
required under Section 2.20 of this Act.
(d) The styles and sizes of type to be used with respect to
material required to be incorporated in labeling to avoid

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misbranding, false or misleading labeling of any articles
subject to this Act, definitions and standards of identity or
composition for articles subject to this Act, and standards of
fill of containers for the articles shall be the standards as
established under the Federal Food, Drug, and Cosmetic Act or
the Federal Meat Inspection Act.
(e) No article subject to this Act shall be sold or offered
for sale by any person, firm, or corporation under any name or
other marking or labeling which is false or misleading, or in
any container of a misleading form or size. Established product
names and other marking and labeling and containers which are
not false or misleading and which are approved by the Director
are permitted.
(f) If the Director has reason to believe that any marking
or labeling or the size or form of any container in use or
proposed for use with respect to any article subject to this
Act is false or misleading in any particular, he may direct
that the use be withheld unless the marking, labeling, or
container is modified in a manner as he may prescribe so that
it will not be false or misleading. If the person, firm, or
corporation using or proposing to use the marking, labeling, or
container does not accept the determination of the Director,
the person, firm, or corporation may request a hearing, but the
use of the marking, labeling, or container shall, if the
Director so directs, be withheld pending hearing and final
determination by the Director. Any determination by the

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Director shall be conclusive unless within 30 days after
receipt of notice of the final determination, the person, firm,
or corporation adversely affected appeals to the appropriate
authority.
(g) No person, firm, or corporation shall advertise for
sale, solicit, offer to sell or sell meats or frozen foods
intended for storage in locker boxes, home freezers or freezer
units by newspapers, handbills, placards, radio, television or
other medium unless the advertising is truthful and accurate.
The advertising shall not be misleading or deceiving in respect
to grade, quality, quantity, price per pound or piece, or in
any other manner. For grade determination of meats, the grades
shall conform with United States Department of Agriculture
standards for designating meat grades and the standards of this
Act.
No person advertising, offering for sale or selling any
carcasses or parts thereof or food plan shall engage in any
misleading or deceptive practices and particularly including,
but not limited to, the following:
(1) Bait selling.
(A) Disparage or degrade any product advertised or
offered for sale by the seller, or display any product
or depiction thereof to any buyer in order to induce
the purchase of another product, or represent that a
product is for sale when the representation is used
primarily to sell another product.

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(B) Substitute any product for that ordered by the
buyer without the buyer's consent.
(C) Fail to have available a sufficient quantity of
any product represented as being for sale to meet
reasonably anticipated demands.
(2) Price representation.
(A) Use any price list related to the seller's food
plan that contains prices other than the seller's
current billing prices.
(B) Misrepresent the amount of money that the buyer
will save on purchases of any products that are not of
the same grade or quality.
(C) Fail to disclose fully and conspicuously in at
least 10 point type any charge for cutting, wrapping,
freezing, delivery or other services.
(D) Represent the price of any meat product to be
offered for sale in bundles in units larger than one
pound in terms other than price per single pound for
meat products in at least 10 point type except when the
advertisement or offer for sale pertains to containers
of meat products weighing 15 pounds or less.
(3) Product representation.
(A) Misrepresent the cut, grade, brand or trade
name, or weight or measure of any product.
(B) Use the abbreviation "U.S." in describing a
product not graded by the United States Department of

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Agriculture, except that product may be described as
"U.S. Inspected" when true.
(C) Misrepresent a product through the use of any
term similar to a government grade.
(D) (Blank).
(E) Advertise or offer for sale any combinations of
parts of carcasses with one unit price, except when the
advertisement or offer for sale pertains to
combinations consisting only of poultry or poultry
products.
(F) Fail to disclose fully and conspicuously the
correct government grade for any product if the product
is represented as having been graded.
(G) Fail to disclose fully and conspicuously that
the yield of consumable meat from any carcass or part
of a carcass will be less than the weight of the
carcass or part thereof. The seller shall, for each
carcass or part of carcass advertised, use separately
and distinctly (in at least 10 point type) the
following disclosure: "Sold hanging weight subject to
cutting loss".
(H) Misrepresent the amount or proportion of
retail cuts that a carcass or part of carcass will
yield.
(I) (Blank).
(J) Fail to disclose fully and conspicuously

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whether a quarter of a carcass is the front or hind
quarter, and "quarters" or "sides" or "halves" must
consist of only anatomically natural proportions of
cuts from front or hind quarters. A "pre-trimmed side",
"packer-trimmed side" or similar term describing part
of a carcass shall not be represented as a side or
quarter of beef, and the descriptions shall not be used
for comparison to induce the sale of the product.
(K) Represent any part of a carcass as a "half" or
"side" unless it consists exclusively of a front and
hind quarter. Both quarters must be from the same side
of the same animal unless the seller discloses fully
and conspicuously that they are from different sides or
different animals as the case may be. Each quarter
shall be of the same grade or quality as the other
quarters comprising the half or side and the seller
shall advise the buyer of the weight of each quarter
prior to sale. In selling quarters individually or as
part of a half or side, if actual weights are not known
or cannot be determined prior to sale, approximate
weights may be used, provided the buyer is informed
that the weights are approximate, the weights are so
identified on any purchase order or contract, and the
seller agrees with the buyer, in writing, to make a
cash refund or grant a credit on delivery for the
difference between actual weight and the approximate

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weight on which the sale was made.
(L) Use the words, "bundle", "sample order",
"split side", or words of similar import to describe a
quantity of meat or poultry unless the seller itemizes
each cut and the weight thereof which the buyer will
receive.
(M) Advertise or offer free, bonus, extra product,
or service combined with or conditioned on the purchase
of any other product or service unless the additional
product or service is accurately described including,
whenever applicable, grade, net weight or measure,
type, and brand or trade name. The words "free",
"bonus", or other words of similar import shall not be
used in any advertisement unless the advertisement
clearly and conspicuously sets forth the total price or
amount that must be paid to entitle the buyer to the
additional product or service.
(N) Misrepresent the breed, origin, or diet of
slaughtered animals or parts thereof offered for sale.
Sellers making these claims shall have written records
available to substantiate the fact.
(h) A processor or establishment may affix a label to meat
or a meat food product or poultry or a poultry food product
that states that the meat or poultry was Illinois-raised if
that meat or poultry was raised in Illinois.
(Source: P.A. 91-170, eff. 1-1-00.)