Public Act 095-0554
 
HB1019 Enrolled LRB095 10929 CMK 31218 b

    AN ACT concerning animals.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Meat and Poultry Inspection Act is amended
by changing Section 5.2 as follows:
 
    (225 ILCS 650/5.2)
    Sec. 5.2. Type II licenses.
    (a) Type II establishments licensed under this Act for
custom slaughtering and custom processing shall:
        (1) Be permitted to receive, for processing, meat
    products and poultry products from animals and poultry
    slaughtered by the owner or for the owner for his or her
    own personal use or for use by his or her household.
        (2) Be permitted to receive live animals and poultry
    presented by the owner to be slaughtered and processed for
    the owner's own personal use or for use by his or her
    household.
        (3) Be permitted to receive, for processing, inspected
    meat products and inspected poultry products for the
    owner's own personal use or for use by his or her
    household.
        (4) Stamp the words "NOT FOR SALE-NOT INSPECTED" in
    letters at least 3/8 inches in height on all carcasses of
    animals and immediate poultry product containers for
    poultry slaughtered in such establishment and on all meat
    products and immediate poultry product containers for
    poultry products processed in that establishment.
        (5) Conspicuously display a license issued by the
    Department and bearing the words "NO SALES PERMITTED".
        (6) Keep a record of the name and address of the owner
    of each carcass or portion thereof received in such
    licensed establishment, the date received, and the dressed
    weight. Such records shall be maintained for at least one
    year and shall be available, during reasonable hours, for
    inspection by Department personnel.
    (b) No custom slaughterer or custom processor shall engage
in the business of buying or selling any poultry or meat
products capable of use as human food, or slaughter of any
animals or poultry intended for sale.
    (c) Each Type II licensee shall develop, implement, and
maintain written standard operating procedures for sanitation,
which shall be known as Sanitation SOPs, in accordance with all
of the following requirements:
        (1) The Sanitation SOPs must describe all procedures
    that a Type II licensee shall conduct daily, before and
    during operations, sufficient to prevent direct
    contamination or adulteration of products.
        (2) The Sanitation SOPs must be signed and dated by the
    individual with overall authority on-site or a higher level
    official of the establishment. This signature shall
    signify that the establishment shall implement the
    Sanitation SOPs as specified and maintain the Sanitation
    SOPs in accordance with the requirements of this subsection
    (c). The Sanitation SOPs must be signed and dated upon the
    initial implementation of the Sanitation SOPs and upon any
    modification to the Sanitation SOPs.
        (3) Procedures set forth in the Sanitation SOPs that
    are to be conducted prior to operations must be identified
    as such and must address, at a minimum, the cleaning of
    food contact surfaces of facilities, equipment, and
    utensils.
        (4) The Sanitation SOPs must specify the frequency with
    which each procedure in the Sanitation SOPs shall be
    conducted and identify the establishment employees
    responsible for the implementation and maintenance of the
    procedures.
        (5) Prior to the start of operations, each licensee
    must conduct the pre-operational procedures in the
    Sanitation SOPs. All other procedures set forth in the
    Sanitation SOPs must be conducted at the frequencies
    specified.
        (6) The implementation of the procedures set forth in
    the Sanitation SOPs must be monitored daily by the
    licensee.
        (7) A licensee must routinely evaluate the
    effectiveness of the Sanitation SOPs and the procedures set
    forth therein in preventing direct contamination or
    adulteration of products and shall revise both as necessary
    to keep the Sanitation SOPs and the procedures set forth
    therein effective and current with respect to changes in
    facilities, equipment, utensils, operations, or personnel.
        (8) A licensee must take appropriate corrective action
    when either the establishment itself or the Department
    determines that the Sanitation SOPs or the procedures
    specified therein or the implementation or maintenance of
    the Sanitation SOPs may have failed to prevent direct
    contamination or adulteration of products. Corrective
    actions include procedures to ensure appropriate
    disposition of products that may be contaminated, restore
    sanitary conditions, and prevent the recurrence of direct
    contamination or adulteration of products, such as
    appropriate reevaluation and modification of the
    Sanitation SOPs and the procedures specified therein or
    appropriate improvements in the execution of the
    Sanitation SOPs or the procedures specified therein.
        (9) A licensee must maintain daily records sufficient
    to document the implementation and monitoring of the
    Sanitation SOPs and any corrective actions taken. The
    establishment employees specified in the Sanitation SOPs
    as being responsible for the implementation and monitoring
    of the procedures set forth in the Sanitation SOPs must
    authenticate these records with their initials and the
    date. The records required to be maintained under this item
    (9) may be maintained on computers, provided that the
    establishment implements appropriate controls to ensure
    the integrity of the electronic data. Records must be
    maintained for at least 6 months and made available to the
    Department upon request. All records must be maintained at
    the licensed establishment for 48 hours following
    completion, after which the records may be maintained
    off-site, provided that the records may be made available
    to the Department within 24 hours of request.
        (10) The Department shall verify the adequacy and
    effectiveness of the Sanitation SOPs and the procedures
    specified therein by determining that they meet the
    requirements of this subsection (c). This verification may
    include the following:
            (A) reviewing the Sanitation SOPs;
            (B) reviewing the daily records documenting the
        implementation of the Sanitation SOPs and the
        procedures set forth therein and any corrective
        actions taken or required to be taken;
            (C) direct observation of the implementation of
        the Sanitation SOPs and the procedures specified
        therein and any corrective actions taken or required to
        be taken; and
            (D) direct observation or testing to assess the
        sanitary conditions within the establishment.
    (d) Each Type II licensee that slaughters livestock must
test for Escherichia coli Biotype 1 (E. coli). Licensees that
slaughter more than one type of livestock or both livestock and
poultry must test the type of livestock or poultry slaughtered
in the greatest number. The testing required under this
subsection (d) must meet all of the following requirements:
        (1) A licensee must prepare written specimen
    collection procedures that identify the employees
    designated to collect samples and must address (i)
    locations of sampling, (ii) the ways in which sampling
    randomness is achieved, and (iii) the handling of samples
    to ensure sample integrity. This written procedure must be
    made available to the Department upon request.
        (2) Livestock samples must be collected from all
    chilled livestock carcasses, except those boned before
    chilling (hot-boned), which must be sampled after the final
    wash. Samples must be collected in the following manner:
            (A) for cattle, establishments must sponge or
        excise tissue from the flank, brisket, and rump, except
        for hide-on calves, in which case establishments must
        take samples by sponging from inside the flank, inside
        the brisket, and inside the rump;
            (B) for sheep and goats, establishments must
        sponge from the flank, brisket, and rump, except for
        hide-on carcasses, in which case establishments must
        take samples by sponging from inside the flank, inside
        the brisket, and inside the rump;
            (C) for swine carcasses, establishments must
        sponge or excise tissue from the ham, belly, and jowl
        areas.
        (3) A licensee must collect at least one sample per
    week, starting the first full week of operation after June
    1 of each year, and continue sampling at a minimum of once
    each week in which the establishment operates until June 1
    of the following year or until 13 samples have been
    collected, whichever is sooner.
        (4) Upon a licensee's meeting the requirements of item
    (3) of this subsection (d), weekly sampling and testing
    shall be optional, unless changes are made in establishment
    facilities, equipment, personnel, or procedures that may
    affect the adequacy of existing process control measures,
    as determined by the licensee or the Department.
    Determinations made by the Department that changes have
    been made requiring the resumption of weekly testing must
    be provided to the licensee in writing.
        (5) Laboratories may use any quantitative method for
    the analysis of E. coli that is approved as an AOAC
    Official Method of the AOAC International (formerly the
    Association of Official Analytical Chemists) or approved
    and published by a scientific body and based on the results
    of a collaborative trial conducted in accordance with an
    internationally recognized protocol on collaborative
    trials and compared against the 3 tube Most Probable Number
    (MPN) method and agreeing with the 95% upper and lower
    confidence limit of the appropriate MPN index.
        (6) A licensee must maintain accurate records of all
    test results, in terms of CFU/cm2 of surface area sponged
    or excised. Results must be recorded onto a process control
    chart or table showing at least the most recent 13 test
    results, by type of livestock slaughtered. Records shall be
    retained at the establishment for a period of 12 months and
    made available to the Department upon request.
        (7) Licensees must meet the following criteria for the
    evaluation of test results:
            (A) A licensee excising samples from carcasses
        shall be deemed as operating within the criteria of
        this item (7) when the most recent E. coli test result
        does not exceed the upper limit (M), and the number of
        samples, if any, testing positive at levels above (m)
        is 3 or fewer out of the most recent 13 samples (n)
        taken, as follows:
 
Evaluation of E. Coli Test Results

 
Type of Lower limit Upper limit Number Max number
Livestock of marginal of marginal samples permitted

 
range range collected in marginal range
(m) (M)(n) (c)
Cattle Negative a 100 CFU/cm2 13 3
Swine 10 CFU/cm2 10,000 CFU/cm 13 3
a Negative is defined by the sensitivity of the method used in
the baseline study with a limit of sensitivity of at least 5
CFU/cm2 carcass surface area.
            (B) A licensee sponging carcasses shall evaluate
        E. coli test results using statistical process control
        techniques.
        (8) Test results that do not meet the criteria set
    forth in item (7) of this subsection (d) are an indication
    that the establishment may not be maintaining process
    controls sufficient to prevent fecal contamination. The
    Department shall take further action as appropriate to
    ensure that all applicable provisions of this Section are
    being met.
    (e) Each Type II licensee that slaughters poultry shall
test for Escherichia coli Biotype 1 (E. coli). Licensees that
slaughter more than one type of poultry or poultry and
livestock, shall test the type of poultry or livestock
slaughtered in the greatest number. The testing required under
this subsection (e) must meet all of the following
requirements:
        (1) A licensee must prepare written specimen
    collection procedures that identify the employees
    designated to collect samples and must address (i)
    locations of sampling, (ii) the ways in which sampling
    randomness is achieved, and (iii) the handling of samples
    to ensure sample integrity. This written procedure must be
    made available to the Department upon request.
        (2) When collecting poultry samples, a whole bird must
    be taken from the end of the slaughter line. Samples must
    be collected by rinsing the whole carcass in an amount of
    buffer appropriate for that type of bird. Samples from
    turkeys or ratites also may be collected by sponging the
    carcass on the back and thigh.
        (3) Licensees that slaughter turkeys, ducks, geese,
    guineas, squabs, or ratites in the largest number must
    collect at least one sample during each week of operation
    after June 1 of each year, and continue sampling at a
    minimum of once each week that the establishment operates
    until June 1 of the following year or until 13 samples have
    been collected, whichever is sooner.
        (4) Upon a licensee's meeting the requirements of item
    (3) of this subsection (e), weekly sampling and testing
    shall be optional, unless changes are made in establishment
    facilities, equipment, personnel, or procedures that may
    affect the adequacy of existing process control measures,
    as determined by the licensee or by the Department.
    Determinations by the Department that changes have been
    made requiring the resumption of weekly testing must be
    provided to the licensee in writing.
        (5) Laboratories may use any quantitative method for
    the analysis of E. coli that is approved as an AOAC
    Official Method of the AOAC International (formerly the
    Association of Official Analytical Chemists) or approved
    and published by a scientific body and based on the results
    of a collaborative trial conducted in accordance with an
    internationally recognized protocol on collaborative
    trials and compared against the 3 tube Most Probable Number
    (MPN) method and agreeing with the 95% upper and lower
    confidence limit of the appropriate MPN index.
        (6) A licensee must maintain accurate records of all
    test results, in terms of CFU/ml of rinse fluid. Results
    must be recorded onto a process control chart or table
    showing the most recent 13 test results, by type of poultry
    slaughtered. Records must be retained at the establishment
    for a period of 12 months and made available to the
    Department upon request.
        (7) A licensee excising samples under this subsection
    (e) shall be deemed as operating within the criteria of
    this item (7) when the most recent E. coli test result does
    not exceed the upper limit (M), and the number of samples,
    if any, testing positive at levels above (m) is 3 or fewer

 
    out of the most recent 13 samples (n) taken, as follows:
 
Evaluation of E. Coli Test Results

 
Type of Lower limit Upper limit Number of Number
poultry of marginal of marginal samples permitted
rangerange tested in marginal range
(m) (M) (n) (c)
Chickens 100 CFU/ml 1,000 CFU/ml 13 3
        (8) Test results that do not meet the criteria set
    forth in item (7) of this subsection (e) are an indication
    that the establishment may not be maintaining process
    controls sufficient to prevent fecal contamination. The
    Department shall take further action as appropriate to
    ensure that all applicable provisions of this Section are
    being met.
(Source: P.A. 94-1052, eff. 1-1-07.)
 
    Section 10. The Illinois Diseased Animals Act is amended by
changing Sections 1, 2, 3, 4, 6, 9, 10, 13, 20, 21, 22, and 24
as follows:
 
    (510 ILCS 50/1)  (from Ch. 8, par. 168)
    Sec. 1. For the purposes of this Act:
    "Department" means the Department of Agriculture of the
State of Illinois.
    "Director" means the Director of the Illinois Department of
Agriculture, or his duly appointed representative.
    "Contagious or infectious disease" means a specific
disease designated by the Department as contagious or
infectious under rules pertaining to this Act.
    "Contaminated" or "contamination" means for an animal to
come into contact with a chemical or radiological substance at
a level which may be considered to be harmful to humans or
other animals if they come into contact with the contaminated
animal or consume parts of the contaminated animal.
    "Reportable disease" means a specific disease designated
by the Department as reportable under rules pertaining to this
Act.
    "Animals" means domestic animals, poultry, and wild
animals in captivity.
    "Exposed to" means for an animal to come in contact with
another animal or an environment that is capable of
transmitting a contagious, infectious, or reportable disease.
An animal will no longer be considered as "exposed to" when it
is beyond the standard incubation time for the disease and the
animal has been tested negative for the specific disease or
there is no evidence that the animal is contagious, except for
animals exposed to Johne's disease. Animals originating from a
herd where Johne's disease has been diagnosed will be
considered no longer "exposed to" with a negative test. The
negative test must have been conducted within 30 days prior to
the sale or movement.
    "Swap meet" means an organized event where animals
including, but not limited to, dogs, cats, birds, fish,
reptiles, or other animals customarily obtained as pets, are
sold, traded, or exchange hands.
(Source: P.A. 93-980, eff. 8-20-04.)
 
    (510 ILCS 50/2)  (from Ch. 8, par. 169)
    Sec. 2. It is the duty of the Department to investigate all
cases or alleged cases coming to its knowledge of contamination
or contagious and infectious diseases among animals within the
State and to provide for the suppression, prevention, and
extirpation of contamination or infectious and contagious
diseases of such animals.
    The Department may make and adopt reasonable rules and
regulations for the administration and enforcement of the
provisions of this Act. No rule or regulation made, adopted or
issued by the Department pursuant to the provisions of this Act
shall be effective unless such rule or regulation has been
submitted to the Advisory Board of Livestock Commissioners for
approval. All rules of the Department, and all amendments or
revocations of existing rules, shall be recorded in an
appropriate book or books, shall be adequately indexed, shall
be kept in the office of the Department, and shall constitute a
public record. Such rules shall be printed in pamphlet form and
furnished, upon request, to the public free of cost.
(Source: P.A. 77-108.)
 
    (510 ILCS 50/3)  (from Ch. 8, par. 170)
    Sec. 3. Upon its becoming known to the Department that any
animals are infected, or suspected of being infected, with any
contagious or infectious disease, or contaminated with any
chemical or radiological substance, the Department shall have
the authority to quarantine and to cause proper examination
thereof to be made. If ; and if such disease is found to be of a
dangerously contagious or dangerously infectious nature, or
the contamination level is such that may be harmful to humans
or other animals, the Department shall order such diseased or
contaminated animals and such as have been exposed to such
disease or contamination, and the premises in or on which they
are, or have recently occupied, to be quarantined. The
Department shall also have the authority to issue area-wide
quarantines on animals and premises in order to control the
spread of the dangerously contagious or infectious disease and
to reduce the spread of contamination. The Department may, in
connection with any such quarantine, order that no animal which
has been or is so diseased, contaminated, or exposed to such
disease or contamination, may be removed from the premises so
quarantined and that no animal susceptible to such disease or
contamination may be brought therein or thereon, except under
such rules as the Department may prescribe.
(Source: P.A. 90-385, eff. 8-15-97.)
 
    (510 ILCS 50/4)  (from Ch. 8, par. 171)
    Sec. 4. The Department may order the slaughter of any or
all of such diseased, contaminated, or exposed animals.
    The Department may disinfect, and, if they cannot be
properly disinfected, may destroy, all barns, stables,
outbuildings, premises and personal property contaminated or
infected with any such contaminant or contagious or infectious
disease as in its judgment is necessary to prevent the spread
of any such contaminant or disease; and may order the
disinfection of all cars, boats or other vehicles used in
transporting animals affected with any such contaminant or
disease, or that have been exposed to the contaminant,
contagion, or infection thereof, and the disinfection of all
yards, pens and chutes that may have been used in handling such
contaminated, diseased, or exposed animals.
(Source: Laws 1961, p. 3164.)
 
    (510 ILCS 50/6)  (from Ch. 8, par. 173)
    Sec. 6. Whenever quarantine is established in accordance
with the provisions of this Act, notice shall be given by
delivery in person or by mailing by registered or certified
mail, postage prepaid, to the owner or occupant of any premises
so quarantined. Such notice shall be written or printed, or
partly written and partly printed, with an explanation of the
contents thereof. Such quarantine shall be sufficiently proved
in any court by the production of a true copy of such notice of
quarantine together with an affidavit, sworn to by the officer
or employee of the Department who delivered or mailed such
notice, containing a statement that the original thereof was
delivered or mailed in the manner herein prescribed.
    Every quarantine so established shall remain in effect
until removed by order of the Department. Any person aggrieved
by any quarantine may appeal to the Department which shall
thereupon sustain, modify or annul the quarantine as it may
deem proper. Quarantines will be removed when epidemiological
evidence indicates that the disease or contamination threat to
humans or other animals no longer exists.
(Source: Laws 1967, p. 905.)
 
    (510 ILCS 50/9)  (from Ch. 8, par. 176)
    Sec. 9. The Department may promulgate and adopt reasonable
rules and regulations to prevent the spread of any
contamination or contagious or infectious disease within this
State. If the condition so warrants, the Director may request
the Governor to issue a proclamation quarantining an affected
municipality or geographical district whereby all animals of
the kind diseased or contaminated would not be permitted to be
moved from one premises to another within the municipality or
geographical district, or over any public highway, or any
unfenced lot or piece of ground, or from being brought into, or
taken from the infected or contaminated municipality or
geographical district, except by a special permit, signed by
the Director. Any such proclamation shall, from the time of its
publication, bind all persons. Within one week after the
publication of any such proclamation, every person who owns, or
who is in charge of animals of the kind diseased or
contaminated within the municipality or geographical district,
shall report to the Department the number and description of
such animals, their location, and the name and address of the
owner or person in charge, and during the continuance of the
quarantine to report to the Department all cases of sickness,
deaths or births among such animals.
(Source: P.A. 81-196.)
 
    (510 ILCS 50/10)  (from Ch. 8, par. 177)
    Sec. 10. The Department may promulgate and adopt reasonable
rules and regulations to prevent the entry into Illinois of any
animals which may be contaminated or infected with, or which
may have been exposed to, any contaminant or contagious or
infectious disease. If the condition so warrants, the Director
may request the Governor to issue a proclamation whereby any
animals contaminated or diseased or those exposed to disease
and any carcasses or portions of carcasses, feed, seed,
bedding, equipment or other material capable of conveying
contamination or infection will be prohibited from entering
Illinois.
(Source: P.A. 81-196.)
 
    (510 ILCS 50/13)  (from Ch. 8, par. 180)
    Sec. 13. The Department shall cooperate with any
commissioner or other officer appointed by the United States
authorities, in connection with carrying out any provision of
any United States Statute providing for the suppression and
prevention of contamination or contagious and infectious
diseases among animals, in suppression and preventing the
spread of contamination or contagious and infectious diseases
among animals in this State.
    The inspectors of the Animal Health Division of the United
States Department of Agriculture and the Illinois Department of
Agriculture have the right of inspection, quarantine and
condemnation of animals affected with any contamination or
contagious or infectious disease, or suspected to be so
affected, or that have been exposed to any such contamination
or disease, and for these purposes are authorized to enter upon
any ground or premises. Such inspectors may call on sheriffs
and peace officers to assist them in the discharge of their
duties in carrying out the provisions of any such statute,
referred to in the preceding paragraph, and the sheriffs and
peace officers shall assist such inspectors when so requested.
Such inspectors shall have the same powers and protection as
peace officers while engaged in the discharge of their duties.
(Source: P.A. 91-457, eff. 1-1-00.)
 
    (510 ILCS 50/20)  (from Ch. 8, par. 187)
    Sec. 20. Any person who knowingly transports, receives or
conveys into this State any animals, carcasses or portions of
carcasses, feed, seed, bedding, equipment, or other material
capable of conveying contamination or infection as defined and
prohibited in a proclamation issued by the Governor under the
provisions of Section 10 of this Act is guilty of a business
offense, and upon conviction thereof shall be fined not less
than $1,000 nor more than $10,000, for each offense, and shall
be liable for all damages or loss that may be sustained by any
person by reason of such importation of such prohibited
animals, or prohibited materials, which penalty may be
recovered in the circuit court in any county in this State into
or through which such animals or materials are brought.
(Source: P.A. 81-196.)
 
    (510 ILCS 50/21)  (from Ch. 8, par. 188)
    Sec. 21. Any person who, knowing that any contamination or
contagious or infectious disease exists among his animals,
conceals such fact, or knowing of the existence of such
disease, sells any animal or animals so contaminated or
diseased, or any exposed animal, or knowing the same, removes
any such contaminated, diseased, or exposed animal from his
premises to the premises of another, or along any public
highway, or knowing of the existence of such contamination,
disease, or exposure thereto, transports, drives, leads or
ships any animal so contaminated, diseased, or exposed, by any
motor vehicle, car or steamboat, to any place in or out of this
State; and any person who brings any such contaminated or
diseased, or knowingly, brings any such contaminated or exposed
animals into this State from another state; and any person who
knowingly buys, receives, sells, conveys, or engages in the
traffic of such contaminated, diseased, or exposed stock, and
any person who violates any quarantine regulation established
under the provisions of this or any other Act, for each,
either, any or all acts above mentioned in this Section, is
guilty of a petty offense and shall forfeit all right to any
compensation for any animal or property destroyed under the
provisions of this Act.
(Source: P.A. 91-457, eff. 1-1-00.)
 
    (510 ILCS 50/22)  (from Ch. 8, par. 189)
    Sec. 22. Any veterinarian having information of the
existence of any contamination or reportable disease among
animals in this State, who fails to promptly report such
knowledge to the Department, shall be guilty of a business
offense and shall be fined in any sum not exceeding $1,000 for
each offense.
(Source: P.A. 90-385, eff. 8-15-97.)
 
    (510 ILCS 50/24)  (from Ch. 8, par. 191)
    Sec. 24. Any owner or person having charge of any animal
and having knowledge of, or reasonable grounds to suspect the
existence among them of any contamination or contagious or
infectious disease and who does not use reasonable means to
prevent the spread of such contamination or disease or violates
any quarantine; or who conveys upon or along any public highway
or other public grounds or any private lands, any contaminated
or diseased animal, or animal known to have died of, or been
slaughtered on account of, any contamination or contagious or
infectious disease, except in the case of transportation for
medical treatment or diagnosis, shall be liable in damages to
the person or persons who may have suffered loss on account
thereof.
(Source: P.A. 90-385, eff. 8-15-97; 91-457, eff. 1-1-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.