Illinois General Assembly - Full Text of HB1711
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Full Text of HB1711  95th General Assembly

HB1711enr 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning horses.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Horse Meat Act is amended by adding
5 Section 1.5 as follows:
 
6     (225 ILCS 635/1.5 new)
7     Sec. 1.5. Slaughter for human consumption unlawful.
8     (a) Notwithstanding any other provision of law, it is
9 unlawful for any person to slaughter a horse if that person
10 knows or should know that any of the horse meat will be used
11 for human consumption.
12     (b) Notwithstanding any other provision of law, it is
13 unlawful for any person to possess, to import into or export
14 from this State, or to sell, buy, give away, hold, or accept
15 any horse meat if that person knows or should know that the
16 horse meat will be used for human consumption.
17     (c) Any person who knowingly violates any of the provisions
18 of this Section is guilty of a Class C misdemeanor.
19     (d) This Section shall not apply to:
20         (1) Any commonly accepted noncommercial, recreational,
21     or sporting activity.
22         (2) Any existing laws which relate to horse taxes or
23     zoning.

 

 

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1         (3) The processing of food producing animals other than
2     those of the equine genus.
 
3     (225 ILCS 635/14 rep.)  (from Ch. 56 1/2, par. 253)
4     Section 7. The Illinois Horse Meat Act is amended by
5 repealing Section 14.
 
6     Section 10. The Animals Intended for Food Act is amended by
7 changing Section 2.1 as follows:
 
8     (410 ILCS 605/2.1)  (from Ch. 8, par. 107.1)
9     Sec. 2.1. When in the interest of the general public and in
10 the opinion of the Department of Agriculture it is deemed
11 advisable, the Department has authority to quarantine or
12 restrict any and all animals intended for human consumption
13 that contain poisonous or deleterious substances which may
14 render meat or meat products or poultry or poultry products
15 from such animals or poultry injurious to health; except in
16 case the quantity of such substances in such animals does not
17 ordinarily render meat or meat products or poultry or poultry
18 products from such animals injurious to health.
19     The Department or its duly authorized agent shall
20 investigate or cause to be investigated all cases where it has
21 reason to believe that animals intended for human consumption
22 are contaminated with any poisonous or deleterious substance
23 which may render them unfit for human consumption.

 

 

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1     The Department or its duly designated agent in performing
2 the duties vested in it under this Act is empowered to enter
3 any premises, barns, stables, sheds, or other places for the
4 purposes of administering this Act.
5     The Department may allow the sale or transfer of animals
6 under quarantine or restriction subject to reasonable rules and
7 regulations as may be prescribed.
8     For the purposes of this Act, the term "Animal" means
9 cattle, calves, sheep, swine, horses, mules or other equidae,
10 goats, poultry and any other animal which can be or may be used
11 in and for meat or poultry or their products for human
12 consumption.
13 (Source: P.A. 77-2117.)
 
14     Section 15. The Illinois Equine Infectious Anemia Control
15 Act is amended by changing Section 4 as follows:
 
16     (510 ILCS 65/4)  (from Ch. 8, par. 954)
17     Sec. 4. Tests of equidae entering the State. All equidae
18 more than 12 months of age entering the State for any reason
19 other than for immediate slaughter shall be accompanied by a
20 Certificate of Veterinary Inspection issued by an accredited
21 veterinarian of the state of origin within 30 days prior to
22 entry and shall be negative to an official test for EIA within
23 one year prior to entry. Equidae entering the State for
24 immediate slaughter shall be accompanied by a consignment

 

 

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1 direct to slaughter at an approved equine slaughtering
2 establishment.
3 (Source: P.A. 86-223.)
 
4     Section 20. The Humane Care for Animals Act is amended by
5 changing Sections 5 and 7.5 as follows:
 
6     (510 ILCS 70/5)  (from Ch. 8, par. 705)
7     Sec. 5. Lame or disabled horses. No person shall sell,
8 offer to sell, lead, ride, transport, or drive on any public
9 way any equidae which, because of debility, disease, lameness
10 or any other cause, could not be worked in this State without
11 violating this Act, unless the equidae is being sold,
12 transported, or housed with the intent that it will be moved in
13 an expeditious and humane manner to an approved slaughtering
14 establishment. Such equidae may be conveyed to a proper place
15 for medical or surgical treatment or , for humane keeping or
16 euthanasia, or for slaughter in an approved slaughtering
17 establishment.
18     A person convicted of violating this Section or any rule,
19 regulation, or order of the Department pursuant thereto is
20 guilty of a Class A misdemeanor. A second or subsequent
21 violation is a Class 4 felony.
22 (Source: P.A. 92-650, eff. 7-11-02.)
 
23     (510 ILCS 70/7.5)

 

 

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1     Sec. 7.5. Downed animals.
2     (a) For the purpose of this Section a downed animal is one
3 incapable of walking without assistance.
4     (b) No downed animal shall be sent to a stockyard, auction,
5 or other facility where its impaired mobility may result in
6 suffering. An injured animal other than those of the equine
7 genus may be sent directly to a slaughter facility.
8     (c) A downed animal sent to a stockyard, auction, or other
9 facility in violation of this Section shall be humanely
10 euthanized, the disposition of such animal shall be the
11 responsibility of the owner, and the owner shall be liable for
12 any expense incurred.
13     If an animal becomes downed in transit it shall be the
14 responsibility of the carrier.
15     (d) A downed animal shall not be transported unless
16 individually segregated.
17     (e) A person convicted of violating this Section or any
18 rule, regulation, or order of the Department pursuant thereto
19 is guilty of a Class B misdemeanor. A second or subsequent
20 violation is a Class 4 felony, with every day that a violation
21 continues constituting a separate offense.
22 (Source: P.A. 92-650, eff. 7-11-02.)
 
23     Section 25. The Humane Slaughter of Livestock Act is
24 amended by changing Section 2 as follows:
 

 

 

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1     (510 ILCS 75/2)  (from Ch. 8, par. 229.52)
2     Sec. 2. As used in this Act:
3     (1) "Director" means the Director of the Department of
4 Agriculture of the State of Illinois.
5     (2) "Person" means any individual, partnership,
6 corporation, or association doing business in this State, in
7 whole or in part.
8     (3) "Slaughterer" means any person regularly engaged in the
9 commercial slaughtering of livestock.
10     (4) "Livestock" means cattle, calves, sheep, swine,
11 horses, mules, goats, and any other animal which can or may be
12 used in and for the preparation of meat or meat products for
13 consumption by human beings or animals. "Livestock", however,
14 does not include horses, mules, or other equidae to be used in
15 and for the preparation of meat or meat products for
16 consumption by human beings, which is prohibited under Section
17 1.5 of the Illinois Horse Meat Act.
18     (5) "Packer" means any person engaged in the business of
19 slaughtering or manufacturing or otherwise preparing meat or
20 meat products for sale, either by such person or others; or of
21 manufacturing or preparing livestock products for sale by such
22 person or others.
23     (6) "Humane method" means either (a) a method whereby the
24 animal is rendered insensible to pain by gunshot or by
25 mechanical, electrical, chemical or other means that is rapid
26 and effective, before being shackled, hoisted, thrown, cast or

 

 

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1 cut; or (b) a method in accordance with ritual requirements of
2 the Jewish faith or any other religious faith whereby the
3 animal suffers loss of consciousness by anemia of the brain
4 caused by the simultaneous and instantaneous severance of the
5 carotid arteries with a sharp instrument.
6 (Source: Laws 1967, p. 2023.)
 
7     Section 97. Severability. The provisions of this Act are
8 severable under Section 1.31 of the Statute on Statutes.
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     225 ILCS 635/1.5 new
4     225 ILCS 635/14 rep. from Ch. 56 1/2, par. 253
5     410 ILCS 605/2.1 from Ch. 8, par. 107.1
6     510 ILCS 65/4 from Ch. 8, par. 954
7     510 ILCS 70/5 from Ch. 8, par. 705
8     510 ILCS 70/7.5
9     510 ILCS 75/2 from Ch. 8, par. 229.52