Illinois General Assembly - Full Text of HB3416
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Full Text of HB3416  102nd General Assembly

HB3416eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3416 EngrossedLRB102 17016 SPS 22438 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Dead Animal Disposal Act is
5amended by changing Sections 1.1 and 19a and by adding Section
617.1 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
9otherwise requires:
10    (a) "Department" means the Department of Agriculture of
11the State of Illinois.
12    (b) "Person" means any individual, firm, partnership,
13association, corporation or other business entity.
14    (c) "Renderer" means any person who, for other than human
15consumption, collects, cooks and processes bodies or parts of
16bodies of dead animals, poultry or fish, or used cooking
17grease and oils, for the purpose of salvaging hides, wool,
18skins or feathers, and for the production of animal, poultry,
19or fish protein, blood meal, bone meal, grease or tallow.
20    (d) "Blender" means any person who acquires inedible
21by-products of bodies or parts of bodies of dead animals,
22poultry or fish, or used cooking grease and oils, for the
23purpose of blending them to obtain a desired percentage of

 

 

HB3416 Engrossed- 2 -LRB102 17016 SPS 22438 b

1protein, degree of quality or color for use in animal feed,
2poultry feed or fertilizers.
3    (e) "Collection center" means any place where bodies or
4parts of bodies of dead animals, poultry or fish, or used
5cooking grease and cooking oils, are collected for loading
6into a permitted vehicle for delivery to the renderer.
7    (f) "Permittee" means any person issued a vehicle permit
8under the provisions of this Act.
9    (g) "Licensee" means any person licensed under the
10provisions of this Act.
11    (h) "Rendering materials" means bodies or parts of bodies
12of dead animals, poultry or fish, or used cooking grease and
13oils.
14    (i) "Animal collection service" means a company that
15conveys dead animals to a landfill facility licensed under the
16Environmental Protection Act when no rendering service is
17available. Waste haulers collecting waste in which a dead
18animal is included incidental to such waste shall not be
19considered an "animal collection service" activity.
20    (j) "Grease and oil collector" means any person who
21collects for reuse or recycling used cooking grease and
22cooking oils in a permitted vehicle for delivery to a grease
23and cooking oil processor for purposes other than rendering or
24blending.
25    (k) "Grease and oil processor" means any person who
26stores, filters, processes, or distributes for reuse or

 

 

HB3416 Engrossed- 3 -LRB102 17016 SPS 22438 b

1recycling used cooking grease and cooking oils for uses other
2than rendering or blending.
3    (l) "Mass animal mortality event" means an event, as
4declared by the Director, in which large numbers of animals of
5a single or multiple species die or are at an increased risk of
6mortality due to disease, natural disaster, or any other
7non-disease related event, including, but not limited to,
8market disruption or ventilation failure.
9    (m) "Director" means the Director of Agriculture.
10    (n) "Dead animal" means the carcass or tissue from a
11deceased domesticated animal, poultry, fish, captive wild
12animal, or captive wildlife.
13    (o) "Operator" means the person or entity that has been
14designated by the owner, through contract or otherwise, as
15responsible 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
20mass animal mortality event. The Director shall notify the
21Illinois Emergency Management Agency of the declaration. The
22notification shall be made without delay, but no later than 24
23hours following the declaration.
24    (b) The Department shall create and file with the Illinois
25Emergency Management Agency a mass animal mortality event

 

 

HB3416 Engrossed- 4 -LRB102 17016 SPS 22438 b

1plan. The plan must include and describe, at a minimum, the
2following 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,
16following the Director's declaration of a mass animal
17mortality event, the Department shall implement the most
18recent mass animal mortality event plan on file with the
19Illinois 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
22Animal Mortality Act "Illinois Dead Animal Disposal Act".
23(Source: P.A. 83-760.)
 
24    Section 10. The Criminal Code of 2012 is amended by

 

 

HB3416 Engrossed- 5 -LRB102 17016 SPS 22438 b

1changing 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
16she feeds or permits the feeding of garbage to swine or any
17animals or poultry on any farm or any other premises where
18swine are kept.
19    (c) Establishments licensed under the Animal Mortality Act
20Illinois Dead Animal Disposal Act or under similar laws in
21other states are exempt from the provisions of this Section.
22    (d) Nothing in this Section shall be construed to apply to
23any person who feeds garbage produced in his or her own
24household to animals or poultry kept on the premises where he
25or she resides except this garbage if fed to swine shall not

 

 

HB3416 Engrossed- 6 -LRB102 17016 SPS 22438 b

1contain particles of meat.
2    (e) Sentence. Feeding garbage to animals is a Class B
3misdemeanor, and for the first offense shall be fined not less
4than $100 nor more than $500 and for a second or subsequent
5offense shall be fined not less than $200 nor more than $500 or
6imprisoned in a penal institution other than the penitentiary
7for not more than 6 months, or both.
8    (f) A person violating this Section may be enjoined by the
9Department from continuing the violation.
10    (g) The Department may make reasonable inspections
11necessary for the enforcement of this Section, and is
12authorized to enforce, and administer the provisions of this
13Section.
14(Source: P.A. 97-1108, eff. 1-1-13; 98-785, eff. 1-1-15.)