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90_HB1158eng
225 ILCS 640/1 from Ch. 121 1/2, par. 208
225 ILCS 645/1 from Ch. 111, par. 401
225 ILCS 655/2 from Ch. 111, par. 502
510 ILCS 40/2.04 from Ch. 8, par. 33.62-04
510 ILCS 55/1.1 from Ch. 8, par. 1.1
510 ILCS 75/2 from Ch. 8, par. 229.52
Amends the Livestock Auction Market Law, the Illinois
Livestock Dealer Licensing Act, the Slaughter Livestock
Buyers Act, the Illinois Brand Act, the Illinois Domestic
Animals Running at Large Act, and the Humane Slaughter of
Livestock Act by including ratites in the definition of
"livestock".
LRB9004267SMdv
HB1158 Engrossed LRB9004267SMdv
1 AN ACT to amend certain Acts in relation to animals.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Livestock Auction Market Law is amended
5 by changing Section 1 as follows:
6 (225 ILCS 640/1) (from Ch. 121 1/2, par. 208)
7 Sec. 1. Definitions. When used in this Act:
8 "Person" means any person, firm, partnership, or
9 corporation.
10 "Department" means the Department of Agriculture of the
11 State of Illinois.
12 "Director" means the Director of the Illinois Department
13 of Agriculture, or his duly appointed representative.
14 "Livestock" means cattle, swine, sheep, equidae, ratites,
15 or and goats.
16 "Livestock auction market" means any sale or exchange of
17 livestock held by any person at an established place of
18 business or premises where the livestock is assembled for
19 sale or exchange and is sold or exchanged at auction at
20 regular or irregular intervals, but more frequently than 3
21 times during the preceding 12 months.
22 "Consignor" means any person consigning, shipping, or
23 delivering livestock to a livestock auction market for sale,
24 resale, or exchange.
25 "Operator of a livestock auction market" means any person
26 holding, conducting, or carrying on a livestock auction
27 market.
28 "Marketing center" means a licensed livestock auction
29 market which has been so designated by the Illinois
30 Department of Agriculture and the United States Department of
31 Agriculture as a marketing center after having qualified
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1 under the rules and regulations of the State Department of
2 Agriculture and the United States Department of Agriculture
3 and is operated under the supervision of an accredited
4 veterinarian approved by the Illinois Department of
5 Agriculture.
6 "Consignment" means a document issued by the owner or
7 shipper of livestock, designating the name of the owner
8 and/or shipper; place of origin; stockyards, State or Federal
9 approved slaughtering establishment, or marketing center of
10 destination; date of shipment; and number and description of
11 livestock, certified to by the owner or shipper, kept in
12 possession of the carrier and delivered to a stockyards,
13 State or Federal approved slaughtering establishment, or
14 marketing center of destination upon acceptance. This
15 consignment shall be held by the stockyards, State or Federal
16 approved slaughtering establishment, or marketing center for
17 a period of not less than 6 months for inspection by the
18 legally authorized officials of the United States Department
19 of Agriculture and the Illinois Department of Agriculture and
20 other officials having police powers.
21 (Source: P.A. 89-154, eff. 1-1-96.)
22 Section 10. The Illinois Livestock Dealer Licensing Act
23 is amended by changing Section 1 as follows:
24 (225 ILCS 645/1) (from Ch. 111, par. 401)
25 Sec. 1. As used in this Act, unless the context
26 otherwise requires:
27 "Department" means the Illinois Department of
28 Agriculture.
29 "Director" means the Director of the Illinois Department
30 of Agriculture or his duly authorized representative.
31 "Livestock" means cattle, goats, sheep, ratites, or swine
32 other than feeder swine, or any other animals of the bovine,
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1 caprine, ovine, or porcine species.
2 "Feeder swine" means all swine except those consigned
3 directly to slaughter or swine sold as breeding animals with
4 a negative brucellosis test.
5 "Livestock dealer" means any person required to be
6 registered under the Federal "Packers and Stockyards Act,
7 1921", who buys, sells or offers to sell, exchange, barter,
8 or negotiate the sale of cattle, goats, sheep, ratites, or
9 swine other than feeder swine in this State whether the
10 cattle, goats, sheep, ratites, or swine were raised in this
11 State or brought into this State from another state.
12 "Livestock dealer" does not mean (1) a person who sells only
13 cattle, goats, sheep, ratites, or swine which he has produced
14 and raised, (2) a person who offers for sale or trade only
15 cattle, goats, sheep, ratites, or swine other than feeder
16 swine which he has owned or had in his possession for a
17 period of 30 days or longer and is not engaged in the
18 business of buying, selling, trading, or negotiating the
19 transfer of livestock, (3) a person who purchases cattle,
20 goats, sheep, ratites, or swine other than feeder swine for
21 feeding or breeding purposes and retains them in his
22 possession for a period of 30 days or longer, (4) a person
23 engaged in the business of buying and slaughtering livestock
24 for food and in marketing the meat products therefrom,
25 provided all animals purchased are slaughtered, (5) a person
26 licensed under the Illinois Feeder Swine Dealer Licensing Act
27 "An Act providing for the licensing of feeder swine dealers,
28 regulating such business, and providing penalties for
29 violations hereof", approved July 31, 1961, for transactions
30 so governed, or (6) a person licensed under the Livestock
31 Auction Market Law "An Act in relation to the licensing and
32 regulation of livestock auction markets", approved July 15,
33 1941, as heretofore or hereafter amended, when engaged in
34 transactions covered by such Act or (7) a "commission firm"
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1 as defined and exempted by this Act.
2 "Person" means any individual, firm, partnership, or
3 corporation.
4 "Commission firm" means a person who negotiates the sale
5 or purchase of livestock for the account of another on a
6 commission basis and who does not buy or sell for his own
7 account.
8 "Agent" means any person authorized to act for a licensed
9 livestock dealer.
10 "Clearee" means any person whose livestock financial
11 transactions are processed through a clearing agency. For the
12 purpose of this Act, a clearee shall be licensed as a
13 livestock dealer.
14 "Clearing agency" means a financial institution which
15 provides clearing services for a person buying and selling
16 livestock, but which does not take possession of the
17 livestock and, therefore, is not required to be licensed as a
18 livestock dealer.
19 (Source: P.A. 81-191.)
20 Section 15. The Slaughter Livestock Buyers Act is
21 amended by changing Section 2 as follows:
22 (225 ILCS 655/2) (from Ch. 111, par. 502)
23 Sec. 2. Definitions. As used in this Act, unless the
24 context otherwise requires, words and phrases have the
25 meaning ascribed to them as follows:
26 "Department" means the Illinois Department of
27 Agriculture.
28 "Director" means the Director of the Illinois Department
29 of Agriculture.
30 "Animals" or "livestock" means cattle, goats, sheep,
31 swine, or ratites or any other animals of the bovine,
32 caprine, ovine, or porcine species.
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1 "Slaughter livestock buyer" means any person determined
2 by the Department to be engaged in the business of purchasing
3 livestock in this State for slaughter and such livestock is
4 slaughtered in this or any other state for food and the
5 marketing meat products therefrom.
6 "Agent" means any person duly authorized to represent or
7 act for a registrant.
8 "Slaughter livestock broker" means any person in the
9 business of buying, receiving, selling, exchanging,
10 negotiating, or soliciting the sale, resale, exchange, or
11 transferring of any slaughter livestock purchased from the
12 producer or his agent or representative or received on
13 consignment from the producer or his agent or representative.
14 "Registrant" means any person required to be registered
15 under this Act.
16 "Producer" means any producer of slaughter livestock
17 produced in the State.
18 "On consignment" means any receiving or sale of slaughter
19 livestock, wherein the broker acts as the agent for the
20 owner.
21 "Person" means any association, corporation, individual,
22 partnership or any other business unit.
23 (Source: P.A. 78-794.)
24 Section 20. The Illinois Brand Act is amended by
25 changing Section 2.04 as follows:
26 (510 ILCS 40/2.04) (from Ch. 8, par. 33.62-04)
27 Sec. 2.04. "Livestock" means bison, cattle, swine,
28 sheep, goats, ratites, or equidae.
29 (Source: P.A. 79-880.)
30 Section 25. The Illinois Domestic Animals Running At
31 Large Act is amended by changing Section 1.1 as follows:
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1 (510 ILCS 55/1.1) (from Ch. 8, par. 1.1)
2 Sec. 1.1. Definitions. As used in this Act, unless the
3 context otherwise requires:
4 "Livestock" means bison, cattle, swine, sheep, goats,
5 equidae, ratites, or geese.
6 "Owner" means any person who (a) has a right of property
7 in an animal, (b) keeps or harbors an animal, (c) has an
8 animal in his care, or (d) acts as custodian of an animal.
9 "Person" means any individual, firm, association,
10 partnership, corporation, or other legal entity, any public
11 or private institution, the State of Illinois, or any
12 municipal corporation or political subdivision of the State.
13 "Running at large" or "run at large" means livestock that
14 strays from confinement or restraint and from the limits of
15 the owner.
16 (Source: P.A. 84-28.)
17 Section 30. The Humane Slaughter of Livestock Act is
18 amended by changing Section 2 as follows:
19 (510 ILCS 75/2) (from Ch. 8, par. 229.52)
20 Sec. 2. Definitions. As used in this Act:
21 (1) "Director" means the Director of the Department of
22 Agriculture of the State of Illinois.
23 (2) "Person" means any individual, partnership,
24 corporation, or association doing business in this State, in
25 whole or in part.
26 (3) "Slaughterer" means any person regularly engaged in
27 the commercial slaughtering of livestock.
28 (4) "Livestock" means cattle, calves, sheep, swine,
29 horses, mules, goats, ratites, and any other animal which can
30 or may be used in and for the preparation of meat or meat
31 products for consumption by human beings or animals.
32 (5) "Packer" means any person engaged in the business of
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1 slaughtering or manufacturing or otherwise preparing meat or
2 meat products for sale, either by such person or others; or
3 of manufacturing or preparing livestock products for sale by
4 such person or others.
5 (6) "Humane method" means either (a) a method whereby
6 the animal is rendered insensible to pain by gunshot or by
7 mechanical, electrical, chemical or other means that is rapid
8 and effective, before being shackled, hoisted, thrown, cast
9 or cut; or (b) a method in accordance with ritual
10 requirements of the Jewish faith or any other religious faith
11 whereby the animal suffers loss of consciousness by anemia of
12 the brain caused by the simultaneous and instantaneous
13 severance of the carotid arteries with a sharp instrument.
14 (Source: Laws 1967, p. 2023.)