Illinois General Assembly - Full Text of Public Act 098-0785
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Public Act 098-0785


 

Public Act 0785 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0785
 
HB4505 EnrolledLRB098 16071 ZMM 51125 b

    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.
    (1) For an original license of any
classification other than Class "F"...............$150
    (2) For the annual renewal of a license
of any classification other than Class "F"........$150
    (3) For an original license for each
additional classification other than Class "F"....$50
    (4) For the annual renewal of the license of
any additional classification
other than Class "F"..............................$50
    (5) For an original Class "F" license.........$25
    (6) For the annual renewal
of a Class "F" license............................$25
    (7) For an original Class "G" license.........$25
    (8) For the annual renewal of a Class "G"
license...........................................$25
    (9) For an original Class "H" license......... $25
    (10) For the annual renewal of a Class "H"
license...........................................$25
(Source: P.A. 88-133.)
 
    (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)
    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.)
 
    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