HB3416 102ND GENERAL ASSEMBLY

LRB102 17016 SPS 22438 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3416

Introduced 2/22/2021, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

225 ILCS 610/1.1	from Ch. 8, par. 149.1
225 ILCS 610/17.1 new
225 ILCS 610/19a	from Ch. 8, par. 167a
720 ILCS 5/48-7

Amends the Illinois Dead Animal Disposal Act. Changes the name of the Act to the Animal Mortality Act (and amends the Criminal Code of 2012 to make a corresponding change). Provides that the Director of Agriculture may declare a mass animal mortality event. Provides that the Director shall notify the Illinois Emergency Management Agency of the declaration no later than 24 hours following the declaration. Provides that the Department of Agriculture shall create and file with the Illinois Emergency Management Agency a mass animal mortality event plan. Provides that following the Director's declaration of a mass animal mortality event, the Department shall implement the most recent mass animal mortality event plan on file with the Illinois Emergency Management Agency. Adds definitions for "mass animal mortality event", "director", "dead animal", and "operator".

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Dead Animal Disposal Act is amended by changing Sections 1.1 and 19a and by adding Section 17.1 as follows:

(225 ILCS 610/1.1) (from Ch. 8, par. 149.1)

Sec. 1.1. As used in this Act, unless the context otherwise requires:

(a) "Department" means the Department of Agriculture of the State of Illinois.

(b) "Person" means any individual, firm, partnership, association, corporation or other business entity.

(c) "Renderer" means any person who, for other than human consumption, collects, cooks and processes bodies or parts of bodies of dead animals, poultry or fish, or used cooking grease and oils, for the purpose of salvaging hides, wool, skins or feathers, and for the production of animal, poultry, or fish protein, blood meal, bone meal, grease or tallow.

(d) "Blender" means any person who acquires inedible by-products of bodies or parts of bodies of dead animals, poultry or fish, or used cooking grease and oils, for the purpose of blending them to obtain a desired percentage of protein, degree of quality or color for use in animal feed, poultry feed or fertilizers.

(e) "Collection center" means any place where bodies or parts of bodies of dead animals, poultry or fish, or used cooking grease and cooking oils, are collected for loading into a permitted vehicle for delivery to the renderer.

(f) "Permittee" means any person issued a vehicle permit under the provisions of this Act.

(g) "Licensee" means any person licensed under the provisions of this Act.

(h) "Rendering materials" means bodies or parts of bodies of dead animals, poultry or fish, or used cooking grease and oils.

(i) "Animal collection service" means a company that conveys dead animals to a landfill facility licensed under the Environmental Protection Act when no rendering service is available. Waste haulers collecting waste in which a dead animal is included incidental to such waste shall not be considered an "animal collection service" activity.

(j) "Grease and oil collector" means any person who collects for reuse or recycling used cooking grease and cooking oils in a permitted vehicle for delivery to a grease and cooking oil processor for purposes other than rendering or blending.

(k) "Grease and oil processor" means any person who stores, filters, processes, or distributes for reuse or recycling used cooking grease and cooking oils for uses other than rendering or blending.

(l) "Mass animal mortality event" means an event, as declared by the Director, in which large numbers of animals of a single or multiple species die or are at an increased risk of mortality due to disease, natural disaster, or any other non-disease related event, including, but not limited to, market disruption or ventilation failure.

(m) "Director" means the Director of Agriculture.

(n) "Dead animal" means the carcass or tissue from a deceased domesticated animal, poultry, fish, captive wild animal, or captive wildlife.

(o) "Operator" means the person or entity that has been designated by the owner, through contract or otherwise, as responsible for conveying dead animals.

(Source: P.A. 98-785, eff. 1-1-15.)

(225 ILCS 610/17.1 new)

Sec. 17.1. Mass animal mortality event.

(a) The Director, at his or her discretion, may declare a mass animal mortality event. The Director shall notify the Illinois Emergency Management Agency of the declaration. The notification shall be made without delay, but no later than 24 hours following the declaration.

(b) The Department shall create and file with the Illinois Emergency Management Agency a mass animal mortality event plan. The plan must include and describe, at a minimum, the following options of disposal:

(1) burial, which may include methods and procedures for above-ground burial;

(2) rendering;

(3) transfer to a landfill;

(4) composting, which may be conducted on the site where the death of the animals occurred or by transporting the bodies to a licensed landfill or to a centralized off-site location determined at the time of the mass animal mortality event;

(5) incineration; and

(6) any other acceptable method as determined by the Director.

(b) Notwithstanding any other provision of this Act, following the Director's declaration of a mass animal mortality event, the Department shall implement the most recent mass animal mortality event plan on file with the Illinois Emergency Management Agency.

(225 ILCS 610/19a) (from Ch. 8, par. 167a)

Sec. 19a. This Act shall be known and may be cited as the Animal Mortality Act "Illinois Dead Animal Disposal Act".

(Source: P.A. 83-760.)

Section 10. The Criminal Code of 2012 is amended by changing Section 48-7 as follows:

(720 ILCS 5/48-7)

Sec. 48-7. Feeding garbage to animals.

(a) Definitions. As used in this Section:

"Department" means the Department of Agriculture of the State of Illinois.

"Garbage" has the same meaning as in the federal Swine Health Protection Act (7 U.S.C. 3802) and also includes putrescible vegetable waste. "Garbage" does not include the contents of the bovine digestive tract.

"Person" means any person, firm, partnership, association, corporation, or other legal entity, any public or private institution, the State, or any municipal corporation or political subdivision of the State.

(b) A person commits feeding garbage to animals when he or she feeds or permits the feeding of garbage to swine or any animals or poultry on any farm or any other premises where swine are kept.

(c) Establishments licensed under the Animal Mortality Act Illinois Dead Animal Disposal Act or under similar laws in other states are exempt from the provisions of this Section.

(d) Nothing in this Section shall be construed to apply to any person who feeds garbage produced in his or her own household to animals or poultry kept on the premises where he or she resides except this garbage if fed to swine shall not contain particles of meat.

(e) Sentence. Feeding garbage to animals is a Class B misdemeanor, and for the first offense shall be fined not less than $100 nor more than $500 and for a second or subsequent offense shall be fined not less than $200 nor more than $500 or imprisoned in a penal institution other than the penitentiary for not more than 6 months, or both.

(f) A person violating this Section may be enjoined by the Department from continuing the violation.

(g) The Department may make reasonable inspections necessary for the enforcement of this Section, and is authorized to enforce, and administer the provisions of this Section.

(Source: P.A. 97-1108, eff. 1-1-13; 98-785, eff. 1-1-15.)