HB2627eng 104TH GENERAL ASSEMBLY

HB2627 Engrossed LRB104 08196 BDA 18246 b

AN ACT concerning animals.

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

Section 1. Short title. This Act may be cited as the Mink Facility Disease Prevention Act.

Section 5. Findings; purpose.

(a) The General Assembly finds that:

(1) Minks' upper respiratory tracts are physiologically similar to humans, which means minks can become infected by, and potentially transmit to humans, respiratory viruses, such as SARS-CoV-2, which is the virus that causes COVID-19, and Influenza A virus subtype H5N1, which is the virus that causes avian influenza.

(2) Minks' susceptibility to acquiring and spreading both human and animal respiratory viruses renders them potentially potent mixing vessels for generating novel pandemic viruses.

(3) Animal management and slaughter practices at mink facilities facilitate the spread of viruses. These facilities confine large numbers of animals in close proximity to each other, which promotes disease transmission. The mink also experience extreme stress, which increases the potential to shed and transmit viruses over extended periods. This risk is further exacerbated by on-site slaughter practices that create additional points of exposure.

(4) Tens of thousands of captive mink in the United States, and millions worldwide, have been infected with SARS-CoV-2, and there have been documented cases where mink have transmitted a variant of the virus to humans.

(5) Influenza A virus subtype H5N1 has infected tens of thousands of captive mink since 2022. In at least one mink facility, the virus gained a mutation that favors mammal-to-mammal spread, allowing it to spread from mink to mink.

(6) Outbreaks of Influenza A virus subtype H5N1 among captive mink across Finland led to the culling of mink to prevent the disease spread amid fears of it mutating into something transmissible between humans.

(b) It is the purpose of this Act to protect public health and human safety by requiring disease prevention and surveillance measures at mink facilities in this State.

Section 10. Definitions. As used in this Act:

"Department" means the Department of Public Health.

"Mink" means American mink (Neovison vison), European mink (Mustela lutreola), and any mink hybrid, whether alive or dead.

"Mink facility" means any operation in which mink, for the value of their fur, are owned, controlled, raised, bred, propagated, kept, slaughtered, skinned, or sold.

"Person" includes any individual, firm, corporation, trust, association, copartnership, society, or other organization of individuals and any other business unit, device, or arrangement.

Section 15. License for mink facilities.

(a) Beginning January 1, 2026, a person who breeds, possesses, or intends to breed or possess mink for the purpose of engaging in commerce with any parts and products of the mink shall obtain a license from the Department.

(b) License application requirements:

(1) Each mink facility must apply annually for a license.

(2) Information required for the license include, at minimum, all of the following:

(A) the full contact information for all owners and operators of the mink facility;

(B) the address for each place of business where a mink facility conducts business and the legal descriptions of any lands upon which the mink facility conducts business;

(C) all trade names under which the mink facility conducts business;

(D) the number of individuals who work at each mink facility;

(E) the number, sexes, and sources of individual mink raised for fur within the previous year at each mink facility;

(F) a detailed description of how the mink were transported to and from each mink facility within the previous year, including the route taken, if applicable;

(G) the number of individual mink purchased, transferred, or sold by each mink facility within the previous year and the name of each person or entity to whom or from whom mink were purchased, transferred, or sold;

(H) a description of the size, number, and type of the mink facility's pens, cages, or other similar enclosures;

(I) a description of the barrier used to contain the mink at the mink facility, as well as the barriers used to prevent other animals from gaining access to the mink facility;

(J) a description of the procedures the mink facility uses to dispose of mink manure and carcasses and parts of carcasses;

(K) a description of the practices and procedures used by the mink facility within the previous year to ensure the health and safety of workers, the public, and animals on and around the facility; and

(L) the number of mink that died or were killed within the previous year, the cause of death, and, if killed by humans, the reason each was killed and the method used.

(3) A license may be granted only if the Department finds, following an inspection, that the application is made in good faith with intention to actually carry on the business described in the application.

(4) A license may be granted only if the Department determines, following an inspection, that the facilities are adequate for the business, and that:

(A) the facility is constructed to minimize escapes or additional protections are put in place if the construction is substandard;

(B) there are adequate security and safety programs and procedures that minimize the possibility of escape;

(C) there is adequate recordkeeping to aid in tracking of confined animals or recovering escaped animals;

(D) there are adequate procedures, equipment, and trained staff to maximize capture of escaped animals;

(E) adequate veterinary care is provided to identify and minimize the spread of diseases; and

(F) the applicant has a good reputation for care of animals and compliance with the relevant laws.

Section 20. Licensee requirements. A licensee may maintain the licensee's license only if the licensee complies with all of the following requirements:

(1) The licensee shall, at least weekly, arrange for testing for SARS-CoV-2, Influenza A virus subtype H5N1, and other potentially harmful viruses, as defined by the Department, in a large enough sample size of the mink at the mink facility to determine with at least 95% confidence that no animals in the population at the mink facility are infected, and the licensee shall prioritize for testing animals that appear sick or have already died.

(2) The licensee shall, at least weekly, arrange for testing of all mink facility workers for SARS-CoV-2, Influenza A virus subtype H5N1, and other potentially harmful viruses, as defined by the Department.

(3) The licensee shall arrange for immediate testing for SARS-CoV-2, Influenza A virus subtype H5N1, and other potentially harmful viruses, as defined by the Department, in any person who has been at the mink facility within the immediately preceding 2 weeks and shows, or whose household members show, signs of possible respiratory infection, including fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, and diarrhea.

(4) If any workers at a mink facility or mink at a mink facility test positive for SARS-CoV-2, Influenza A virus subtype H5N1, or other potentially harmful viruses, as defined by the Department, then all of the following actions shall be taken immediately:

(A) The licensee shall quarantine the mink facility and all humans and mink at the facility.

(B) The licensee shall report the positive test results and any other relevant information to the Department.

(C) The Department shall investigate to determine whether, and to what extent, other humans or mink are infected.

(D) The Department shall investigate to determine whether, and to what extent, the virus is present in any domestic animals, escaped mink, wild mink, or other potentially susceptible wildlife on or within a 40-kilometer radius of the infected mink facility.

(E) The Department shall recommend to relevant State and federal wildlife officials that the recreational trapping of mink and other potentially susceptible wildlife, particularly mustelids, be closed in the area surrounding the infected mink facility.

(F) The Department shall conduct a genetic analysis of the virus to characterize the virus, to detect possible virus mutations, and to identify the origin and the source of the virus.

(5) A positive result for SARS-CoV-2, Influenza A virus subtype H5N1, or other potentially harmful viruses, as defined by the Department, at a mink facility, as well as the results of the subsequent investigations, must be made public by the Department as soon as possible.

(6) The licensee must ensure that each mink is separated from any other mink by at least 6 feet to reduce disease transmission.

(7) The Department shall implement additional requirements for the disposal of feces, carcasses, and fur at mink facilities if the Department determines it to be in the best interest of public health.

Section 25. License fee. For each mink facility that it owns or operates, the licensee must, on or before January 1, pay to the Department an annual fee of $1,000. Proceeds from fees under this Section shall be deposited into the Mink Facility Fund established under Section 30.

Section 30. Mink Facility Fund. The Mink Facility Fund is hereby created as a special fund in the State treasury. Fees collected under this Act and interest attributable to moneys in the Fund shall be deposited into the Fund. Moneys in the Fund, including interest earned, may be used by the Department for administration and enforcement of this Act.

Section 35. Inspection.

(a) To ensure compliance with this Act, the Department shall inspect each mink facility annually before granting a license for the mink facility.

(b) The Department shall conduct an unannounced inspection at each mink facility no fewer than 2 additional times per year to ensure that the licensee is maintaining the licensee's license in good standing.

(c) Following each inspection, the Department shall produce a detailed report explaining whether the licensee complies with the terms of the licensee's license.

Section 40. Euthanasia. If euthanasia of mink is necessary for disease containment, either by the licensee or the Department, it shall be performed in a manner that:

(1) meets the definition of "euthanasia" specified in 9 CFR 1.1 (or successor regulations); and

(2) is not identified as aversive to mink in the most recent version of the American Veterinary Medical Association (AVMA) Guidelines for the Euthanasia of Animals.

Section 45. Violations.

(a) A licensee who violates any provision of this Act or any rules adopted under this Act shall be subject to (1) revocation of the licensee's license under this Act and (2) confiscation of all mink at the mink facility.

(b) The penalty described in this Section may be enforced by the Attorney General bringing an action in a court of competent jurisdiction. The application of this Section does not preclude an action by the Attorney General seeking equitable or other remedies in connection with the enforcement of this Act.

(c) The penalties described in this Section may be enforced by the Department under a process that the Department may adopt rules to implement. This process shall comport with requirements for due process, requirements under the Illinois Administrative Procedure Act, and requirements under the Administrative Review Law of the Code of Civil Procedure. The provisions of the Administrative Review Law and the rules adopted pursuant to the Administrative Review Law shall apply to and govern all proceedings instituted for the judicial review of final administrative decisions under this Act. The commencement of any action for review shall operate as a stay of enforcement, and no action based on any decision under this Act shall be taken pending final disposition of the review.

Section 50. Rulemaking. The Department, in consultation with any other relevant agencies, as determined by the Department, shall adopt rules to implement this Act. These rules may impose stricter requirements for disease prevention, surveillance, and containment at mink facilities than those outlined in this Act if warranted by risks to public health and safety.

The Department, in consultation with any other relevant agencies, as determined by the Department, shall develop and maintain a publicly available list of potentially harmful viruses required for testing, including, but not limited to, SARS-CoV-2 and Influenza A virus subtype H5N1.

Section 55. The State Finance Act is amended by adding Section 5.1030 as follows:

(30 ILCS 105/5.1030 new)

Sec. 5.1030. The Mink Facility Fund.