Illinois General Assembly - Full Text of HB4505
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Full Text of HB4505  98th General Assembly


Rep. Frank J. Mautino

Filed: 3/14/2014





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2    AMENDMENT NO. ______. Amend House Bill 4505 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Dead Animal Disposal Act is
5amended by changing Sections 1.1, 4, 6, 9.1, 9.2, 9.3, 12, and
618 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 otherwise
10    (a) "Department" means the Department of Agriculture of the
11State 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 grease



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1and oils, for the purpose of salvaging hides, wool, skins or
2feathers, and for the production of animal, poultry, or fish
3protein, blood meal, bone meal, grease or tallow.
4    (d) "Blender" means any person who acquires inedible
5by-products of bodies or parts of bodies of dead animals,
6poultry or fish, or used cooking grease and oils, for the
7purpose of blending them to obtain a desired percentage of
8protein, degree of quality or color for use in animal feed,
9poultry feed or fertilizers.
10    (e) "Collection center" means any place where bodies or
11parts of bodies of dead animals, poultry or fish, or used
12cooking grease and cooking oils, are collected for loading into
13a permitted vehicle for delivery to the renderer.
14    (f) "Permittee" means any person issued a vehicle permit
15under the provisions of this Act.
16    (g) "Licensee" means any person licensed under the
17provisions of this Act.
18    (h) "Rendering materials" means bodies or parts of bodies
19of dead animals, poultry or fish, or used cooking grease and
21    (i) "Animal collection service" means a company that
22conveys dead animals to a landfill facility licensed under the
23Environmental Protection Act when no rendering service is
24available. Waste haulers collecting waste in which a dead
25animal is included incidental to such waste shall not be
26considered an "animal collection service" activity.



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1    (j) "Grease and oil collector" means any person who
2collects for reuse or recycling used cooking grease and cooking
3oils in a permitted vehicle for delivery to a grease and
4cooking oil processor for purposes other than rendering or
6    (k) "Grease and oil processor" means any person who stores,
7filters, processes, or distributes for reuse or recycling used
8cooking grease and cooking oils for uses other than rendering
9or blending.
10(Source: P.A. 88-133.)
11    (225 ILCS 610/4)  (from Ch. 8, par. 152)
12    Sec. 4. Application for such license shall be made to the
13Department on forms provided by it, which application shall set
14forth the name and residence of the applicant, classification
15of license or licenses requested, his place or proposed place
16of business, and the particular method which he intends to
17employ in disposing of rendering material and such other
18information as the Department may require. The licenses shall
19be classified according to type of plant operated. Renderer:
20Class "A"--dead animals only; Class "B"--parts of bodies of
21animals, scrap, bones, fat, used cooking grease and oils; Class
22"C"--poultry or parts of poultry and Class "D"--fish or parts
23of fish; Blender: Class "E"; Collection Center: Class "F";
24Animal Collection Service: Class "G"; grease and oil processor:
25Class "H".



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1(Source: P.A. 88-133.)
2    (225 ILCS 610/6)  (from Ch. 8, par. 154)
3    Sec. 6. On the receipt of the certification described in
4Section 5, and the payment of the fee provided herein, the
5Department shall issue a license to the applicant to conduct
6such business at the place specified in the application for one
7calendar year or for the portion of the calendar year remaining
8at the time the license is issued. No license shall be issued
9for a plant not located within the boundaries of the State of
10Illinois. No license issued under this Section is transferable.
11    The following nonrefundable fees shall accompany each
12application for a license.
13    (1) For an original license of any
14classification other than Class "F"...............$150
15    (2) For the annual renewal of a license
16of any classification other than Class "F"........$150
17    (3) For an original license for each
18additional classification other than Class "F"....$50
19    (4) For the annual renewal of the license of
20any additional classification
21other than Class "F"..............................$50
22    (5) For an original Class "F" license.........$25
23    (6) For the annual renewal
24of a Class "F" license............................$25
25    (7) For an original Class "G" license.........$25



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1    (8) For the annual renewal of a Class "G"
3    (9) For an original Class "H" license......... $25
4    (10) For the annual renewal of a Class "H"
5license. $25
6(Source: P.A. 88-133.)
7    (225 ILCS 610/9.1)  (from Ch. 8, par. 157.1)
8    Sec. 9.1. Except as otherwise provided in Section 14, no
9person shall operate a vehicle used to transport rendering
10materials or used cooking grease or cooking oils in this State
11without a vehicle permit issued by the Department or without
12complying with this Act. Applications for vehicle permits shall
13be accepted only from licensed renderers and grease and oil
14processors and shall include the name and address of the
15proposed permittee, the location of the place or intended place
16of the proposed permittee's business, the number and types of
17vehicles to be used by the proposed permittee and such other
18information as may be required by regulations of the
19Department. Owners or operators of vehicles not owned by
20licensed renderers or grease and oil processors in this State
21shall secure a permit through the licensed renderer, or
22renderers, or grease and oil processors to whom the rendering
23material or used cooking grease and cooking oil will be
24delivered. The Department shall issue a Class 1 permit for the
25transporting of dead animals, fish or poultry; a Class 2 permit



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1for transporting parts of bodies of animals, scrap, bones, fat,
2or used cooking grease and oils; a Class 3 permit for
3transporting hides; and a Class 4 permit for transporting
4bodies or parts of bodies of dead animals, poultry or fish to a
5landfill as an animal collection service. Permits issued
6hereunder shall be renewable annually during December of each
7year. All vehicle permits not renewed during December of each
8year shall expire on December 31 of that year. A $10 fee shall
9accompany each application for a vehicle permit or renewal
11(Source: P.A. 88-133.)
12    (225 ILCS 610/9.2)  (from Ch. 8, par. 157.2)
13    Sec. 9.2. Each vehicle issued a Class 1 permit shall have
14the inscription "Illinois Dead Animal Disposal Permit No. ...",
15as assigned; each truck granted a Class 2 permit shall have the
16inscription "Illinois Scrap and Grease Permit No. ...", as
17assigned; and each truck granted a Class 3 permit shall have
18the inscription "Illinois Hide Permit No. ...", as assigned.
19All of these inscriptions shall be painted in a conspicuous
20place in contrasting color on the left side of the bed of the
21vehicle in letters not less than 3 inches high. If the vehicle
22transporting the rendering material or used cooking grease and
23cooking oil or conveying dead animals to a landfill is not a
24van type truck, the vehicle bed, as well as any properly
25identified tanks or barrels used for the transportation of



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1rendering material, or used cooking grease and cooking oil when
2loaded or partially loaded, shall be covered when traveling
3highways of the State of Illinois. Vehicle beds shall be
4leak-proof or constructed so that no drippings or seepage can
6    Collection vehicles containing rendering material or used
7cooking grease and cooking oil or used for transporting dead
8animals, poultry, fish, or parts of bodies thereof shall be
9thoroughly scrubbed and disinfected after hauling each load, or
10before proceeding for another load. All vehicle beds shall be
11painted as necessary, and kept in good condition and repair at
12all times.
13(Source: P.A. 88-133.)
14    (225 ILCS 610/9.3)  (from Ch. 8, par. 157.3)
15    Sec. 9.3. All permittees shall record each collection of
16rendering materials or used cooking grease and cooking oil,
17setting forth the date, quantity and description of rendering
18material or used cooking grease and cooking oil collected, and
19the person to whom such material was delivered. The permittee
20shall give a receipt to every person from whom the permittee
21collects rendering materials or used cooking grease and cooking
22oil. The original of such records, and a copy of all receipts
23given by the permittee for rendering material or used cooking
24grease and cooking oil shall be retained by the permittee until
25the rendering materials or used cooking grease and cooking oil



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1are delivered to their destination. Thereafter, the record and
2receipt shall be retained by the permittee for a minimum of 3
3months and shall be available for inspection by authorized
4personnel of the Department.
5(Source: P.A. 83-760.)
6    (225 ILCS 610/12)  (from Ch. 8, par. 160)
7    Sec. 12. The Department shall make such reasonable
8regulations for the carrying on and conduct of such business as
9it may deem advisable and all persons engaged in such business
10shall comply therewith. The Department, or its
11representatives, in performing the duties vested in it under
12this Act is empowered to enter, during usual working hours, any
13premises, buildings, or other places where dead animals or used
14cooking grease and cooking oil may be found, for the purpose of
15administering the provisions of this Act.
16    Licensees shall comply with rules, bulletins, manuals of
17procedure and guidelines pertaining to renderers and blenders
18and the handling and distribution of condemned or inedible meat
19or poultry products which implement the federal Meat Inspection
20Act and the federal Poultry Inspection Act. Such rules,
21bulletins, manuals and guidelines shall become effective on the
22date designated by the United States Department of Agriculture.
23(Source: P.A. 86-231.)
24    (225 ILCS 610/18)  (from Ch. 8, par. 166)



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1    Sec. 18. The transportation of bodies or parts of bodies of
2dead animals, poultry or fish, or used cooking greases and
3oils, raw or unrendered, except green or salted hides, shall
4not be allowed into other states except by reciprocal
5agreements with other states under rules of the Department.
6(Source: P.A. 87-157.)
7    Section 10. The Criminal Code of 2012 is amended by
8changing Section 48-7 as follows:
9    (720 ILCS 5/48-7)
10    Sec. 48-7. Feeding garbage to animals.
11    (a) Definitions. As used in this Section:
12        "Department" means the Department of Agriculture of
13    the State of Illinois.
14        "Garbage" has the same meaning as in the federal Swine
15    Health Protection Act (7 U.S.C. 3802) and also includes
16    putrescible vegetable waste. "Garbage" does not include
17    the contents of the bovine digestive tract means
18    putrescible vegetable waste, animal, poultry, or fish
19    carcasses or parts thereof resulting from the handling,
20    preparation, cooking, or consumption of food, but does not
21    include the contents of the bovine digestive tract.
22    "Garbage" also means the bodies or parts of bodies of
23    animals, poultry or fish.
24        "Person" means any person, firm, partnership,



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1    association, corporation, or other legal entity, any
2    public or private institution, the State, or any municipal
3    corporation or political subdivision of the State.
4    (b) A person commits feeding garbage to animals when he or
5she feeds or permits the feeding of garbage to swine or any
6animals or poultry on any farm or any other premises where
7swine are kept.
8    (c) Establishments licensed under the Illinois Dead Animal
9Disposal Act or under similar laws in other states are exempt
10from the provisions of this Section.
11    (d) Nothing in this Section shall be construed to apply to
12any person who feeds garbage produced in his or her own
13household to animals or poultry kept on the premises where he
14or she resides except this garbage if fed to swine shall not
15contain particles of meat.
16    (e) Sentence. Feeding garbage to animals is a Class B
17misdemeanor, and for the first offense shall be fined not less
18than $100 nor more than $500 and for a second or subsequent
19offense shall be fined not less than $200 nor more than $500 or
20imprisoned in a penal institution other than the penitentiary
21for not more than 6 months, or both.
22    (f) A person violating this Section may be enjoined by the
23Department from continuing the violation.
24    (g) The Department may make reasonable inspections
25necessary for the enforcement of this Section, and is
26authorized to enforce, and administer the provisions of this



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2(Source: P.A. 97-1108, eff. 1-1-13.)".