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Public Act 098-0785
Public Act 0785 98TH GENERAL ASSEMBLY
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Public Act 098-0785
| | HB4505 Enrolled | LRB098 16071 ZMM 51125 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Dead Animal Disposal Act is amended | by changing Sections 1.1, 4, 6, 9.1, 9.2, 9.3, 12, and 18 as | follows:
| (225 ILCS 610/1.1) (from Ch. 8, par. 149.1)
| Sec. 1.1. As used in this Act, unless the context otherwise | requires:
| (a) "Department" means the Department of Agriculture of the | State of
Illinois.
| (b) "Person" means any individual, firm, partnership,
| association, corporation or other business entity.
| (c) "Renderer" means any person who, for other than human | consumption,
collects, cooks and processes bodies or parts of | bodies of dead animals,
poultry or fish, or used cooking grease | and oils, for the purpose of
salvaging hides, wool, skins or | feathers, and
for the production of animal, poultry, or fish | protein, blood meal,
bone meal, grease or tallow.
| (d) "Blender" means any person who acquires inedible | by-products of
bodies or parts of bodies of dead animals, | poultry or fish, or used
cooking grease and oils, for the | purpose of
blending them to obtain a desired percentage of |
| protein, degree of quality
or color for use in animal feed, | poultry feed or fertilizers.
| (e) "Collection center" means any place where bodies or | parts of bodies
of dead animals, poultry or fish, or used | cooking grease and cooking oils, are collected
for loading into | a permitted vehicle for delivery to the renderer.
| (f) "Permittee" means any person issued a vehicle permit | under the
provisions
of this Act.
| (g) "Licensee" means any person licensed under the | provisions of this Act.
| (h) "Rendering materials" means bodies or parts of bodies | of dead animals,
poultry or fish, or used cooking grease and | oils.
| (i) "Animal collection service" means a company that | conveys dead animals
to a landfill facility licensed under the | Environmental Protection Act when no
rendering service is | available.
Waste haulers collecting waste in which a dead | animal is included incidental
to such waste shall not be | considered an "animal collection service"
activity.
| (j) "Grease and oil collector" means any person who | collects for reuse or recycling used cooking grease and cooking | oils in a permitted vehicle for delivery to a grease and | cooking oil processor for purposes other than rendering or | blending. | (k) "Grease and oil processor" means any person who stores, | filters, processes, or distributes for reuse or recycling used |
| cooking grease and cooking oils for uses other than rendering | or blending. | (Source: P.A. 88-133.)
| (225 ILCS 610/4) (from Ch. 8, par. 152)
| Sec. 4.
Application for such license shall be made to the | Department on
forms provided by it, which application shall set | forth the name and
residence of the applicant, classification | of license or licenses
requested, his place or proposed place | of business, and the particular
method which he intends to | employ in disposing of rendering material
and such other | information as the
Department may require. The licenses shall | be classified according to type
of plant operated. Renderer: | Class "A"--dead animals only; Class "B"--parts
of bodies of | animals, scrap, bones, fat, used cooking grease
and oils; Class | "C"--poultry or parts of poultry and Class "D"--fish
or parts | of fish; Blender: Class "E"; Collection Center: Class
"F"; | Animal Collection Service: Class "G"; grease and oil processor: | Class "H".
| (Source: P.A. 88-133.)
| (225 ILCS 610/6) (from Ch. 8, par. 154)
| Sec. 6.
On the receipt of the certification described in | Section 5,
and the payment of the fee provided herein, the
| Department shall issue a license to the applicant to conduct | such business
at the place specified in the application for one |
| calendar year or for
the portion of the calendar year remaining | at the time the license is issued.
No license shall be issued | for a plant not located
within the boundaries of the State of | Illinois. No license issued under
this Section is transferable.
| The following nonrefundable fees shall accompany each | application for a
license.
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(1) For an original license of any |
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classification other than Class "F"............... |
$150 |
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(2) For the annual renewal of a license |
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of any classification other than Class "F"........ |
$150 |
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(3) For an original license for each |
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additional classification other than Class "F".... |
$50 |
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(4) For the annual renewal of the
license of | any additional classification |
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other than Class "F".............................. |
$50 |
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(5) For an original Class "F" license......... |
$25 |
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(6) For the annual renewal |
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of a Class "F" license............................ |
$25 |
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(7) For an original Class "G" license......... |
$25 |
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(8) For the annual renewal of a Class "G" |
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license........................................... | $25 | |
(9) For an original Class "H" license......... | $25 | |
(10) For the annual renewal of a Class "H" | | |
license........................................... | $25 |
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(Source: P.A. 88-133.)
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| (225 ILCS 610/9.1) (from Ch. 8, par. 157.1)
| Sec. 9.1.
Except as otherwise provided in Section 14, no | person shall
operate a vehicle used to transport rendering | materials or used cooking grease or cooking oils in this State | without
a vehicle permit issued by the Department or without | complying with this
Act. Applications for vehicle permits shall | be accepted only from licensed
renderers and grease and oil | processors and shall include the name and address of the | proposed permittee,
the location of
the place or intended place | of the proposed permittee's business, the number
and types of | vehicles to be used by the proposed permittee and such other
| information as may be required by regulations of the | Department. Owners
or operators of vehicles not owned by | licensed renderers or grease and oil processors in this State | shall
secure a permit through the licensed renderer, or | renderers, or grease and oil processors to whom the
rendering
| material or used cooking grease and cooking oil
will be | delivered. The Department shall issue a Class 1 permit for the
| transporting of dead animals, fish or poultry; a Class 2 permit | for
transporting
parts of bodies of animals, scrap, bones, fat, | or used cooking grease and
oils; a Class 3 permit for | transporting hides; and a Class 4 permit
for transporting | bodies or parts of bodies of dead animals, poultry or fish to
a | landfill as an animal collection service.
Permits issued
| hereunder
shall be renewable annually during December of each | year. All vehicle permits
not
renewed during December of each |
| year shall expire on December 31 of that
year. A $10 fee shall | accompany each application for a vehicle permit or
renewal | thereof.
| (Source: P.A. 88-133.)
| (225 ILCS 610/9.2) (from Ch. 8, par. 157.2)
| Sec. 9.2.
Each vehicle issued a Class 1 permit shall have | the inscription
"Illinois Dead Animal Disposal Permit No. ...", | as assigned; each truck
granted a Class 2 permit shall have the | inscription "Illinois Scrap and
Grease Permit No. ...", as | assigned; and each truck granted a Class 3 permit
shall have | the inscription "Illinois Hide Permit No. ...", as assigned.
| All of these inscriptions shall be painted in a conspicuous | place in
contrasting
color on the left side of the bed of the | vehicle in letters not less than
3 inches high. If the vehicle | transporting the rendering material or used cooking grease and | cooking oil or
conveying dead animals to a landfill is not
a | van type truck, the vehicle bed, as well as any properly | identified tanks
or barrels used for the transportation of | rendering material, or used cooking grease and cooking oil when | loaded
or partially loaded, shall be covered when traveling | highways of the State
of Illinois. Vehicle beds shall be | leak-proof or constructed so that no
drippings or seepage can | escape.
| Collection vehicles containing rendering material or used | cooking grease and cooking oil or used for
transporting dead |
| animals, poultry, fish,
or parts of bodies thereof shall be | thoroughly scrubbed and disinfected
after hauling each load, or | before proceeding for another load. All vehicle
beds shall be | painted as necessary, and kept in good condition and repair
at | all times.
| (Source: P.A. 88-133.)
| (225 ILCS 610/9.3) (from Ch. 8, par. 157.3)
| Sec. 9.3.
All permittees shall record each collection of | rendering materials or used cooking grease and cooking oil,
| setting forth the date, quantity and description of rendering | material or used cooking grease and cooking oil collected,
and | the person to whom such material was delivered. The permittee | shall
give a receipt to every person from whom the permittee | collects rendering
materials or used cooking grease and cooking | oil. The original of such records, and a copy of all receipts | given
by the permittee for rendering material or used cooking | grease and cooking oil shall be retained by the permittee
until | the rendering materials or used cooking grease and cooking oil | are delivered to their destination. Thereafter,
the record and | receipt shall be retained by the permittee for a minimum
of 3 | months and shall be available for inspection by authorized | personnel
of the Department.
| (Source: P.A. 83-760.)
| (225 ILCS 610/12) (from Ch. 8, par. 160)
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| Sec. 12.
The Department shall make such reasonable | regulations for the
carrying on and conduct of such business as | it may deem advisable and all
persons engaged in such business | shall comply therewith.
The Department, or its | representatives, in performing the duties vested
in it under | this Act is empowered to enter, during usual working hours, any
| premises, buildings, or other places where dead animals or used | cooking grease and cooking oil may be found, for
the purpose of | administering the provisions of this Act.
| Licensees shall comply with rules, bulletins, manuals of | procedure and
guidelines pertaining to renderers and blenders | and the handling and
distribution of condemned or inedible meat | or poultry products which
implement the federal Meat Inspection | Act and the federal Poultry
Inspection Act. Such rules, | bulletins, manuals and guidelines shall become
effective on the | date designated by the United States Department of
Agriculture.
| (Source: P.A. 86-231.)
| (225 ILCS 610/18) (from Ch. 8, par. 166)
| Sec. 18.
The transportation of bodies or parts of bodies of | dead animals,
poultry or fish, or used cooking greases and | oils,
raw or unrendered, except green or salted hides, shall | not be allowed into
other states except by reciprocal | agreements with other states under
rules of the Department.
| (Source: P.A. 87-157.)
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| Section 10. The Criminal Code of 2012 is amended by | changing Section 48-7 as follows:
| (720 ILCS 5/48-7) | Sec. 48-7. Feeding garbage to animals. | (a) Definitions. As used in this Section: | "Department" means the Department of Agriculture of | the State of
Illinois. | "Garbage" has the same meaning as in the federal Swine | Health Protection Act (7 U.S.C. 3802) and also includes | putrescible vegetable waste. "Garbage" does not include | the contents of the bovine digestive tract means | putrescible vegetable waste, animal, poultry, or fish
| carcasses or parts thereof resulting from the handling, | preparation,
cooking, or consumption of food, but does not | include the contents of the
bovine digestive tract. | "Garbage" also means the bodies or parts of bodies
of | animals, poultry or fish. | "Person" means any person, firm, partnership, | association, corporation,
or other legal entity, any | public or private institution, the State, or any municipal | corporation or political subdivision of the
State. | (b) A person commits feeding garbage to animals when he or | she feeds or permits the feeding of garbage to swine or any
| animals or poultry on any farm or any other premises where | swine are kept. |
| (c) Establishments licensed under the Illinois Dead Animal | Disposal
Act or under similar laws in other states are exempt | from the provisions of this Section. | (d) Nothing in this Section shall be construed to apply to | any person who
feeds garbage produced in his or her own | household to animals or poultry kept on
the premises where he | or she resides except this garbage if fed to swine shall not
| contain particles of meat. | (e) Sentence. Feeding garbage to animals is a Class B | misdemeanor, and for the first
offense shall be fined not less | than $100 nor more than $500 and for a
second or subsequent | offense shall be fined not less than $200 nor more
than $500 or | imprisoned in a penal institution other than the penitentiary
| for not more than 6 months, or both. | (f) A person violating this Section may be enjoined by the | Department from
continuing the violation. | (g) The Department may make reasonable inspections | necessary for the
enforcement of this Section, and is | authorized to enforce, and administer the
provisions of this | Section.
| (Source: P.A. 97-1108, eff. 1-1-13.) |
Effective Date: 1/1/2015
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