Full Text of HB2028 100th General Assembly
HB2028ham001 100TH GENERAL ASSEMBLY | Rep. Tony McCombie Filed: 4/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2028
| 2 | | AMENDMENT NO. ______. Amend House Bill 2028 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Fish and Aquatic Life Code is amended by | 5 | | changing Sections 20-70, 20-75, 20-80, 20-85, 20-90, 20-92, and | 6 | | 20-95 as follows:
| 7 | | (515 ILCS 5/20-70) (from Ch. 56, par. 20-70)
| 8 | | Sec. 20-70. Non-resident and resident aquatic life
| 9 | | dealers. | 10 | | (a) Non-resident aquatic life dealers. Any person not a | 11 | | resident
of Illinois who sells or ships to other wholesalers, | 12 | | retailers, or
consumers any of the aquatic life protected by | 13 | | this Code, whether from
waters within or without the State is a | 14 | | non-resident aquatic life dealer within
the meaning of this | 15 | | Code.
| 16 | | All licenses issued to non-resident aquatic life
dealers |
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| 1 | | are valid only in
the location described and designated in the | 2 | | application for the
license. Wholesalers may deliver their | 3 | | products by truck or common
carrier of any type but must | 4 | | possess a separate license for each truck
from which aquatic | 5 | | life are being sold if business is solicited
from the
trucks.
| 6 | | Application for a non-resident aquatic life dealer's | 7 | | license shall be made to
and upon forms furnished by the | 8 | | Department and shall be in the form as the
Department may | 9 | | prescribe. The annual fee for a non-resident aquatic life
| 10 | | dealer's
license shall be $100. All non-resident aquatic life | 11 | | dealer licenses shall expire
on March 31 January 31 of each | 12 | | year.
| 13 | | Non-residents purchasing aquatic life in Illinois for sale | 14 | | solely outside
the State are exempt from possessing an aquatic | 15 | | life dealer's license if
purchases are made from a licensed | 16 | | resident wholesale or retail aquatic life
dealer.
| 17 | | (b) Resident aquatic life dealer's licenses. Any person | 18 | | conducting a fish market
or buying, selling, or shipping any | 19 | | aquatic life (except minnows) protected
by this Code, whether | 20 | | from waters within or without the State, shall first
procure a | 21 | | license from the Department to do so, including any commercial
| 22 | | fisherman selling live fish for stocking only. Any commercial | 23 | | fisherman selling fish
legally caught or taken by themselves to | 24 | | a resident licensed wholesale aquatic life
dealer, however, is | 25 | | exempt from the provisions of this Section.
| 26 | | (1) Wholesale aquatic life dealer's license.
Any |
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| 1 | | resident of this State who, within the State of Illinois,
| 2 | | conducts a wholesale fish market or who sells or ships to | 3 | | any
other wholesaler, retailer, or other commercial | 4 | | institution aquatic
life protected by this
Code, whether | 5 | | from waters within or without the State, is a
resident | 6 | | wholesale aquatic life dealer in the meaning of this Code.
| 7 | | This provision, however, does not apply to minnows or | 8 | | saltwater species commonly used as seafood that will not | 9 | | survive in freshwater, such as lobsters, clams, mussels, | 10 | | and oysters.
| 11 | | All licenses issued to resident wholesale aquatic life | 12 | | dealers are valid only
in the location described and | 13 | | designated in the application for license.
Wholesale | 14 | | aquatic life dealers may deliver their products by truck or | 15 | | other common
carrier but must possess a separate license | 16 | | for each truck from which aquatic
life is being sold if | 17 | | business is solicited from the truck. Applications for
| 18 | | resident wholesale aquatic life dealer's licenses shall be | 19 | | made to and upon forms
furnished by the Department, which | 20 | | shall be in the form as the Department
may prescribe. The | 21 | | annual license fee for each wholesale aquatic life dealer's
| 22 | | license is $50. All wholesale aquatic life dealer's | 23 | | licenses shall expire on March 31
January 31 of each year.
| 24 | | (2) Retail aquatic life dealer's license. Any resident | 25 | | of the State of
Illinois who, within the State of Illinois, | 26 | | conducts a retail fish market
where he or she sells or |
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| 1 | | offers for sale any
aquatic life protected by
this Code, | 2 | | whether from waters from within or without the State, is a
| 3 | | retail aquatic life dealer in the meaning of this Code.
| 4 | | This provision, however, does not apply to minnows or | 5 | | saltwater species commonly used as seafood that will not | 6 | | survive in freshwater, such as lobsters, clams, mussels, | 7 | | and oysters.
| 8 | | All licenses issued to resident aquatic life
dealers | 9 | | are valid only in the
location described and designated in | 10 | | the application for the license.
Retailers may deliver | 11 | | their products by truck or other common carrier but
must | 12 | | possess a separate license for each truck from which | 13 | | aquatic life is being
sold if business is solicited from | 14 | | the truck.
| 15 | | Applications for resident retail aquatic life
dealer's | 16 | | licenses shall be made
to and upon forms furnished by the | 17 | | Department, which shall be in the form
the Department may | 18 | | prescribe. The annual license for each resident retail
| 19 | | aquatic life dealer's license is $10. All these licenses | 20 | | shall expire on March 31 January 31
of each year.
| 21 | | (3) Separate licenses. A license shall be procured for | 22 | | each separate
fish market or place of business operated by | 23 | | any wholesale or retail aquatic life
dealer, whether a | 24 | | resident or non-resident, and for each vehicle from which
| 25 | | aquatic life is sold. All licenses shall be conspicuously | 26 | | displayed at all
times.
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| 1 | | (c) The Department may adopt administrative rules | 2 | | pertaining to non-resident and resident aquatic life dealers. | 3 | | Any person who violates any provision of this Section 20-70, or | 4 | | related administrative rule, is guilty of a Class B | 5 | | misdemeanor.
| 6 | | (Source: P.A. 94-592, eff. 1-1-06; 95-147, eff. 8-14-07.)
| 7 | | (515 ILCS 5/20-75) (from Ch. 56, par. 20-75)
| 8 | | Sec. 20-75. Mussel dealer permits; fees; violations. Any | 9 | | person, before
receiving, buying, or offering to do so, or | 10 | | acting as an agent or broker in
receipt or purchase of mussels, | 11 | | within the State of Illinois, shall first
obtain a permit from | 12 | | the Department to do so.
| 13 | | The fee for a permit for residents of the State of Illinois | 14 | | shall be $300
a year, and for non-residents of the State of | 15 | | Illinois the fee shall be
$2,500 a year. These permits shall | 16 | | expire on March 31 the 31st day of January of
each year. A | 17 | | report of each year's activities of each person holding a
| 18 | | permit shall be required as directed by the Department.
| 19 | | (Source: P.A. 92-385, eff. 8-16-01.)
| 20 | | (515 ILCS 5/20-80) (from Ch. 56, par. 20-80)
| 21 | | Sec. 20-80. Minnow dealers license; penalties. Any | 22 | | resident who, within
the State of Illinois, sells or offers for | 23 | | sale, to any other wholesaler or
retailer or for consumption, | 24 | | live minnows, whether from waters within or
without the State |
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| 1 | | is an intrastate wholesale minnow dealer for purposes of
this | 2 | | Code. Any person selling live minnows for stocking only or | 3 | | selling
live minnows legally caught or taken by that person to | 4 | | a licensed wholesale
minnow dealer, however, is exempt from the | 5 | | provisions of this Section.
| 6 | | (a) Before any resident commences activities as an | 7 | | intrastate wholesale
minnow dealer, he or she shall first | 8 | | procure a license from the Department
to do so. The fee for the | 9 | | license shall be $25 and these licenses shall expire on March | 10 | | 31
upon the 31st day of January of each year.
| 11 | | Before any resident commences activities as an intrastate | 12 | | retail minnow
dealer, he or she shall first obtain a license | 13 | | from the Department to
do so. The fee for the license shall be | 14 | | $5 and these licenses shall expire on March 31
upon the 31st | 15 | | day of January of each year.
| 16 | | (b) Only persons who are actual residents of the State of | 17 | | Illinois
shall be permitted to transport live minnows obtained | 18 | | in the State of
Illinois across any of the borders of the State | 19 | | of Illinois. These persons
shall be interstate minnow dealers | 20 | | for purposes of this Code. Before
any resident of the State of | 21 | | Illinois shall commence activities as an
interstate minnow | 22 | | dealer, he or she shall first obtain a license from the
| 23 | | Department to do so. The fee for the license shall be $500 and | 24 | | these
licenses shall expire on March 31 the 31st day of January | 25 | | of each year. This Section
shall not apply to a resident of the | 26 | | State of Illinois possessing a valid
sport fishing license. An |
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| 1 | | individual possessing a valid
sport fishing
license shall be | 2 | | permitted to transport not more than 6 dozen live minnows
| 3 | | obtained in Illinois across the borders of the State of | 4 | | Illinois.
| 5 | | (c) The Department is authorized to establish regulations | 6 | | as may be
deemed necessary in the handling of minnows in order | 7 | | to protect the
resource as well as the public's interest.
| 8 | | (Source: P.A. 92-385, eff. 8-16-01.)
| 9 | | (515 ILCS 5/20-85) (from Ch. 56, par. 20-85)
| 10 | | Sec. 20-85. Taxidermist license.
| 11 | | (a) Before engaging in the business of taxidermy, every | 12 | | person shall
obtain a license for that purpose from the | 13 | | Department. Application for a
license shall be filed with the | 14 | | Department and shall set forth the name of
the applicant; its | 15 | | principal officers, if the applicant is a corporation,
or the | 16 | | partners, if the applicant is a partnership; the location of | 17 | | the
place of business; and any additional information the | 18 | | Department may
require. The annual fee for each taxidermist | 19 | | license shall be $25. All
licenses issued to taxidermists are | 20 | | valid only at the location described
and designated on the | 21 | | application for the license. All taxidermist licenses
shall | 22 | | expire on March 31 January 31 of each year. Individuals | 23 | | employed
by a
licensed taxidermist shall not be required to | 24 | | possess a taxidermist license
while working for and at the | 25 | | place of business of the license holder.
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| 1 | | Licensed taxidermists shall submit to the Department a list | 2 | | naming all
individuals who will be working at the place of | 3 | | business specified on the
permit. Only those individuals whose | 4 | | names are on file with the Department
shall be authorized to | 5 | | work under the scope of the taxidermist's license.
| 6 | | (b) Taxidermists shall keep written records of all aquatic | 7 | | life or parts of
aquatic life received or returned by them. | 8 | | Records shall include the following
information:
| 9 | | (1) The date the aquatic life was received.
| 10 | | (2) The name and address of the person from whom the | 11 | | aquatic life was
received.
| 12 | | (3) The number and species of all aquatic life | 13 | | received.
| 14 | | (4) The number and state of issuance of the fishing | 15 | | license, or
special Department permit, of the person from | 16 | | whom the aquatic life was
received. In the absence of a | 17 | | license or permit number, the taxidermist may
rely on the | 18 | | written certification of the person from whom the aquatic | 19 | | life was
received that the specimen was legally taken or | 20 | | obtained, or, in the event the
person is exempt from the | 21 | | apposite license requirements, an indication of the
| 22 | | exemption.
| 23 | | (c) All aquatic life or parts of aquatic life that have | 24 | | been
received, preserved, mounted, or possessed by a | 25 | | taxidermist are required to
bear a coded origin tag or label. | 26 | | The coded origin tag or label shall
correspond with written |
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| 1 | | records containing more complete information as
required by the | 2 | | Department.
| 3 | | (d) Taxidermy records shall be open for inspection by any | 4 | | peace officer
at any reasonable hour. Taxidermists shall | 5 | | maintain records for a period
of 2 years from the date of | 6 | | receipt of the aquatic life or for as long as
the specimen or | 7 | | mount remains in the taxidermist's possession, whichever is
| 8 | | longer.
| 9 | | The Department may require the taxidermist to submit to it | 10 | | any information
it deems necessary.
| 11 | | (e) No taxidermist shall have in his or her possession any | 12 | | aquatic
life that is not listed in his or her written records | 13 | | and properly
tagged or labeled.
| 14 | | (f) All persons licensed as taxidermists under this Code | 15 | | who shall ship any
aquatic life or parts of aquatic life that | 16 | | have been received, preserved, or
mounted shall tag or label | 17 | | the shipment and the tag or label shall state the
name of the | 18 | | taxidermist and the number and date of his or her license.
| 19 | | (g) Nothing in this Section removes taxidermists from | 20 | | responsibility for
the observance of any federal laws, rules, | 21 | | or regulations that may apply to the
taxidermy business.
| 22 | | (Source: P.A. 88-416; 89-66, eff. 1-1-96.)
| 23 | | (515 ILCS 5/20-90) (from Ch. 56, par. 20-90)
| 24 | | Sec. 20-90. Aquaculture permits. Any person who shall | 25 | | engage in the
breeding, hatching, propagation, or raising of |
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| 1 | | aquatic life, whether
indigenous or non-indigenous to this | 2 | | State, shall first procure a permit
from the Department to do | 3 | | so. Aquatic life specified, which is bred,
hatched, propagated | 4 | | or raised by a person holding a permit as provided for
in this | 5 | | Section, may be transported and sold for food or stocking | 6 | | purposes.
Permittees who sell aquatic life propagated or raised | 7 | | under this permit are
exempt from possessing a fish or minnow | 8 | | dealers license.
| 9 | | Aquaculture permit holders shall maintain records of all | 10 | | aquatic life
bought, sold or shipped. These records shall | 11 | | include the name and address
of the buyer and seller, the | 12 | | appropriate license or permit number of the
buyer and seller, | 13 | | the date of the transaction, and the species, poundage,
and | 14 | | origin of aquatic life involved. The records shall be kept for | 15 | | a
minimum of 2 years from the date of the transaction and shall | 16 | | be made
immediately available to authorized employees of the | 17 | | Department upon
request. Records of the annual operations, as | 18 | | may be required by the
Department, shall be forwarded to the | 19 | | Department upon request.
| 20 | | Nothing in this Section shall be construed to give | 21 | | permittees
authority to take aquatic life in their wild or | 22 | | natural state, contrary
to other provisions of this Code, or to | 23 | | remove the
permittee from responsibility for the observance of | 24 | | any federal, State, or
local laws, rules, or regulations that | 25 | | may apply to the aquatic life.
| 26 | | Aquaculture permit holders may harvest aquatic life on |
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| 1 | | licensed
aquaculture facilities with commercial fishing | 2 | | devices without obtaining
any license for these devices.
| 3 | | Before any person imports or receives live, non-indigenous | 4 | | aquatic life
for aquaculture or stocking purposes in this | 5 | | State, permission must be
obtained from the Department. | 6 | | Regulations governing non-indigenous aquatic
life shall be | 7 | | covered by administrative rule.
| 8 | | The annual fee for a permit under this Section shall be $50
| 9 | | and the permit shall expire on March 31 the 31st day of January | 10 | | of each year.
| 11 | | Any person who violates any provisions of this Section, | 12 | | including
administrative rules relating to this Section, shall | 13 | | be guilty of a
business offense and fined not less than $1,000 | 14 | | and no more than $5,000.
| 15 | | Permitted aquaculture facilities are exempt from size, | 16 | | catch, and
possession limits and seasons on aquatic life when | 17 | | harvested, sold, or
transported, except when taken by sport | 18 | | fishing devices.
| 19 | | All permits issued under this Section are valid only in the | 20 | | location
described and designated in the application for such | 21 | | permit.
| 22 | | (Source: P.A. 87-833.)
| 23 | | (515 ILCS 5/20-92) | 24 | | Sec. 20-92. Commercial roe dealer permit. | 25 | | (a) Any resident wholesale aquatic life dealer who buys, |
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| 1 | | sells, or ships roe from roe-bearing species, whether from the | 2 | | waters within or without the State, must annually procure a | 3 | | commercial roe dealer permit from the Department in addition to | 4 | | an aquatic life dealers license. The annual fee for a | 5 | | commercial roe dealer permit is $500 for resident wholesale | 6 | | aquatic life dealers and $1,500 for non-resident aquatic life | 7 | | dealers. All commercial roe dealer permits shall expire on | 8 | | March 31 May 31 of each year.
| 9 | | (b) Legally licensed commercial roe dealer permit holders | 10 | | may designate up to 2 employees on their commercial roe dealer | 11 | | permit. Employees designated on a commercial roe dealer permit | 12 | | must retain a copy of this permit in their possession while | 13 | | transporting roe bearing fishes either whole or in part.
| 14 | | (c) A violation of this Section is a Class A misdemeanor | 15 | | with a minimum mandatory fine of $500.
| 16 | | (Source: P.A. 95-147, eff. 8-14-07; 95-876, eff. 8-21-08.)
| 17 | | (515 ILCS 5/20-95) (from Ch. 56, par. 20-95)
| 18 | | Sec. 20-95. Daily fee fishing area. Any person owning, | 19 | | controlling, or
operating a water area, including access to | 20 | | this water area, that is used
for fishing by those either | 21 | | directly or indirectly paying a daily fee for
fishing
shall | 22 | | make application to the Department for a license as provided in | 23 | | this
Section. Upon receipt of an application, the Department | 24 | | shall inspect the
proposed licensed area described in the | 25 | | application, the size and number of
water areas, source of fish |
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| 1 | | for stocking, species of fish to be stocked and
determine the | 2 | | ability of the applicant to properly supervise a property of
| 3 | | this character. If the Department finds that (i) the area is | 4 | | suitable for
the purpose intended, (ii) the operation of the | 5 | | property is not a menace or
being established contrary to the | 6 | | laws of this State, (iii) the operations
of the fee fishing | 7 | | area will not work a fraud upon individuals utilizing
the | 8 | | facilities, and (iv) the issuing of the license will be in the | 9 | | public
interest, then the Department shall approve the | 10 | | application and issue a
license to operate a "Daily Fee Fishing | 11 | | Area" as described in the
application.
| 12 | | The fee for a license issued under this Section shall be | 13 | | $50 annually,
and the license shall expire on March 31 the | 14 | | January 31 following its issuance.
| 15 | | Records of the season's operations, as may be required by | 16 | | the
Department, shall be forwarded to the Department by the | 17 | | licensee within
30 days after the expiration date of the | 18 | | license.
| 19 | | The Department may refuse to issue, refuse to renew, | 20 | | suspend, or revoke
any license issued under this Section if the | 21 | | Department finds that the
licensed area or its operator is not | 22 | | in compliance with this Section. The
Department, however, shall | 23 | | not refuse to issue or renew, or suspend or
revoke, any license | 24 | | for any cause other than the protection of public
health and | 25 | | safety or if the area is operated unlawfully, unless the
| 26 | | licensee affected is given at least 15 days notice, in writing, |
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| 1 | | of the
reasons for the action of the Department and given an | 2 | | opportunity to appear
before the Department or its | 3 | | representative in opposition to the action of
the Department.
| 4 | | (Source: P.A. 89-66, eff. 1-1-96.)
| 5 | | Section 10. The Wildlife Code is amended by changing | 6 | | Section 3.21 as follows:
| 7 | | (520 ILCS 5/3.21) (from Ch. 61, par. 3.21)
| 8 | | Sec. 3.21.
(a) Every person before engaging in the business | 9 | | of
taxidermy shall obtain a license for such purpose from the | 10 | | Department.
Application for such license shall be filed with | 11 | | the Department and shall
set forth the name of the applicant; | 12 | | its principal officers, if the
applicant is a corporation, or | 13 | | the partners, if the applicant is a
partnership; the location | 14 | | of the place of business and such additional
information as the | 15 | | Department may require. The annual fee for each
taxidermist | 16 | | license shall be $25.00. All licenses issued to taxidermists
| 17 | | are valid only at the location described and designated on the | 18 | | application
for such license. All taxidermist permits shall | 19 | | expire on March 31 January 31 of
each year. Persons employed by | 20 | | a licensed taxidermist shall not be
required to possess a | 21 | | taxidermist license while working for and at the
place of | 22 | | business of the license holder.
| 23 | | Licensed taxidermists shall submit to the Department a list | 24 | | naming all
individuals who will be working at the place of |
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| 1 | | business specified on
the license. Only those individuals whose | 2 | | names are on file with the
Department shall be authorized to | 3 | | work under the scope of the taxidermist's
license.
| 4 | | (b) Taxidermists shall keep written records of all birds or | 5 | | mammals,
or parts thereof, received or returned by them. | 6 | | Records shall include the
following information:
| 7 | | (1) The date the bird or mammal was received.
| 8 | | (2) The name and address of the person from whom the | 9 | | bird or mammal was
received.
| 10 | | (3) The number and species of each bird or mammal | 11 | | received.
| 12 | | (4) The number and state of issuance of the hunting or | 13 | | trapping license,
or special Department permit, of the | 14 | | individual from whom the bird or mammal
was received. In | 15 | | the absence of a license or permit number, the
taxidermist | 16 | | may rely on the written certification of the person from | 17 | | whom the
bird or mammal was received that the specimen was | 18 | | legally taken or obtained,
or, in the event the individual | 19 | | is exempt from the apposite license
requirements, an | 20 | | indication of such exemption.
| 21 | | (c) All birds or mammals or parts thereof that have been | 22 | | received,
preserved
or mounted or possessed by a taxidermist | 23 | | are required to bear a coded origin
tag or label. The origin | 24 | | tag or label shall correspond with written
records containing | 25 | | more complete information as required by the Department.
| 26 | | (d) Taxidermy records shall be open for inspection by any |
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| 1 | | peace officer
at any reasonable hour. Taxidermists shall | 2 | | maintain records for a period
of 2 years from the date of | 3 | | receipt of the bird or mammal or for as long
as the specimen or | 4 | | mount remains in the taxidermist's possession, whichever
is | 5 | | longer. The Department may require the taxidermist to submit to | 6 | | it such
information as it deems necessary.
| 7 | | (e) A licensed taxidermist may possess the green hides of | 8 | | furbearers and
other game mammals the year round as long as | 9 | | such hides are tagged as and
remain the property of the | 10 | | individual who legally took them and for whom the
taxidermist | 11 | | is performing services.
| 12 | | (f) A licensed taxidermist may without a fur tanners permit | 13 | | tan the
green hides of furbearers and other game mammals as | 14 | | long as such hides are
tagged as and remain the property of the | 15 | | individual who legally took them
and for whom the taxidermist | 16 | | is performing services.
| 17 | | (f.5) A licensed taxidermist may, without a fur buyer's | 18 | | permit, buy, sell,
transport and possess the green or tanned | 19 | | hides of any legally obtained
furbearer or game mammal the year | 20 | | round as long as the hides in the
taxidermist's possession are | 21 | | used for taxidermy purposes only and bear a coded
origin tag or | 22 | | label. The origin tag or label shall correspond with written
| 23 | | records containing more complete information as required by the | 24 | | Department.
| 25 | | (g) No taxidermist shall have in his or her possession any | 26 | | bird or
mammal that is not listed in his written records and |
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| 1 | | properly tagged or
labeled.
| 2 | | (h) All persons licensed as taxidermists under this Act who | 3 | | shall ship
any birds or mammals or parts thereof that have been | 4 | | received, preserved or
mounted, shall tag or label such | 5 | | shipment and such tag or label shall
state the name of the | 6 | | taxidermist and the number and date of his or her
license.
| 7 | | (i) Nothing in this Section removes taxidermists from | 8 | | responsibility for
the observance of any federal laws, rules, | 9 | | or regulations that may apply to the
taxidermy business.
| 10 | | (Source: P.A. 88-416.)".
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