Full Text of HB3416 102nd General Assembly
HB3416eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Dead Animal Disposal Act is | 5 | | amended by changing Sections 1.1 and 19a and by adding Section | 6 | | 17.1 as follows:
| 7 | | (225 ILCS 610/1.1) (from Ch. 8, par. 149.1)
| 8 | | Sec. 1.1. As used in this Act, unless the context | 9 | | otherwise requires:
| 10 | | (a) "Department" means the Department of Agriculture of | 11 | | the State of
Illinois.
| 12 | | (b) "Person" means any individual, firm, partnership,
| 13 | | association, corporation or other business entity.
| 14 | | (c) "Renderer" means any person who, for other than human | 15 | | consumption,
collects, cooks and processes bodies or parts of | 16 | | bodies of dead animals,
poultry or fish, or used cooking | 17 | | grease and oils, for the purpose of
salvaging hides, wool, | 18 | | skins or feathers, and
for the production of animal, poultry, | 19 | | or fish protein, blood meal,
bone meal, grease or tallow.
| 20 | | (d) "Blender" means any person who acquires inedible | 21 | | by-products of
bodies or parts of bodies of dead animals, | 22 | | poultry or fish, or used
cooking grease and oils, for the | 23 | | purpose of
blending them to obtain a desired percentage of |
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| 1 | | protein, degree of quality
or color for use in animal feed, | 2 | | poultry feed or fertilizers.
| 3 | | (e) "Collection center" means any place where bodies or | 4 | | parts of bodies
of dead animals, poultry or fish, or used | 5 | | cooking grease and cooking oils, are collected
for loading | 6 | | into a permitted vehicle for delivery to the renderer.
| 7 | | (f) "Permittee" means any person issued a vehicle permit | 8 | | under the
provisions
of this Act.
| 9 | | (g) "Licensee" means any person licensed under the | 10 | | provisions of this Act.
| 11 | | (h) "Rendering materials" means bodies or parts of bodies | 12 | | of dead animals,
poultry or fish, or used cooking grease and | 13 | | oils.
| 14 | | (i) "Animal collection service" means a company that | 15 | | conveys dead animals
to a landfill facility licensed under the | 16 | | Environmental Protection Act when no
rendering service is | 17 | | available.
Waste haulers collecting waste in which a dead | 18 | | animal is included incidental
to such waste shall not be | 19 | | considered an "animal collection service"
activity.
| 20 | | (j) "Grease and oil collector" means any person who | 21 | | collects for reuse or recycling used cooking grease and | 22 | | cooking oils in a permitted vehicle for delivery to a grease | 23 | | and cooking oil processor for purposes other than rendering or | 24 | | blending. | 25 | | (k) "Grease and oil processor" means any person who | 26 | | stores, filters, processes, or distributes for reuse or |
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| 1 | | recycling used cooking grease and cooking oils for uses other | 2 | | than rendering or blending. | 3 | | (l) "Mass animal mortality event" means an event, as | 4 | | declared by the Director, in which large numbers of animals of | 5 | | a single or multiple species die or are at an increased risk of | 6 | | mortality due to disease, natural disaster, or any other | 7 | | non-disease related event, including, but not limited to, | 8 | | market disruption or ventilation failure. | 9 | | (m) "Director" means the Director of Agriculture. | 10 | | (n) "Dead animal" means the carcass or tissue from a | 11 | | deceased domesticated animal, poultry, fish, captive wild | 12 | | animal, or captive wildlife. | 13 | | (o) "Operator" means the person or entity that has been | 14 | | designated by the owner, through contract or otherwise, as | 15 | | responsible for conveying dead animals. | 16 | | (Source: P.A. 98-785, eff. 1-1-15 .)
| 17 | | (225 ILCS 610/17.1 new) | 18 | | Sec. 17.1. Mass animal mortality event. | 19 | | (a) The Director, at his or her discretion, may declare a | 20 | | mass animal mortality event. The Director shall notify the | 21 | | Illinois Emergency Management Agency of the declaration. The | 22 | | notification shall be made without delay, but no later than 24 | 23 | | hours following the declaration. | 24 | | (b) The Department shall create and file with the Illinois | 25 | | Emergency Management Agency a mass animal mortality event |
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| 1 | | plan. The plan must include and describe, at a minimum, the | 2 | | following options of disposal: | 3 | | (1) burial, which may include methods and procedures | 4 | | for above-ground burial; | 5 | | (2) rendering; | 6 | | (3) transfer to a landfill; | 7 | | (4) composting, which may be conducted on the site | 8 | | where the death of the animals occurred or by transporting | 9 | | the bodies to a licensed landfill or to a centralized | 10 | | off-site location determined at the time of the mass | 11 | | animal mortality event; | 12 | | (5) incineration; and | 13 | | (6) any other acceptable method as determined by the | 14 | | Director. | 15 | | (b) Notwithstanding any other provision of this Act, | 16 | | following the Director's declaration of a mass animal | 17 | | mortality event, the Department shall implement the most | 18 | | recent mass animal mortality event plan on file with the | 19 | | Illinois Emergency Management Agency.
| 20 | | (225 ILCS 610/19a) (from Ch. 8, par. 167a)
| 21 | | Sec. 19a.
This Act shall be known and may be cited as the | 22 | | Animal Mortality Act "Illinois
Dead Animal Disposal Act" .
| 23 | | (Source: P.A. 83-760.)
| 24 | | Section 10. The Criminal Code of 2012 is amended by |
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| 1 | | changing Section 48-7 as follows: | 2 | | (720 ILCS 5/48-7) | 3 | | Sec. 48-7. Feeding garbage to animals. | 4 | | (a) Definitions. As used in this Section: | 5 | | "Department" means the Department of Agriculture of | 6 | | the State of
Illinois. | 7 | | "Garbage" has the same meaning as in the federal Swine | 8 | | Health Protection Act (7 U.S.C. 3802) and also includes | 9 | | putrescible vegetable waste. "Garbage" does not include | 10 | | the contents of the bovine digestive tract. | 11 | | "Person" means any person, firm, partnership, | 12 | | association, corporation,
or other legal entity, any | 13 | | public or private institution, the State, or any municipal | 14 | | corporation or political subdivision of the
State. | 15 | | (b) A person commits feeding garbage to animals when he or | 16 | | she feeds or permits the feeding of garbage to swine or any
| 17 | | animals or poultry on any farm or any other premises where | 18 | | swine are kept. | 19 | | (c) Establishments licensed under the Animal Mortality Act | 20 | | Illinois Dead Animal Disposal
Act or under similar laws in | 21 | | other states are exempt from the provisions of this Section. | 22 | | (d) Nothing in this Section shall be construed to apply to | 23 | | any person who
feeds garbage produced in his or her own | 24 | | household to animals or poultry kept on
the premises where he | 25 | | or she resides except this garbage if fed to swine shall not
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| 1 | | contain particles of meat. | 2 | | (e) Sentence. Feeding garbage to animals is a Class B | 3 | | misdemeanor, and for the first
offense shall be fined not less | 4 | | than $100 nor more than $500 and for a
second or subsequent | 5 | | offense shall be fined not less than $200 nor more
than $500 or | 6 | | imprisoned in a penal institution other than the penitentiary
| 7 | | for not more than 6 months, or both. | 8 | | (f) A person violating this Section may be enjoined by the | 9 | | Department from
continuing the violation. | 10 | | (g) The Department may make reasonable inspections | 11 | | necessary for the
enforcement of this Section, and is | 12 | | authorized to enforce, and administer the
provisions of this | 13 | | Section.
| 14 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-785, eff. 1-1-15 .)
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