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




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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 amended
5by changing Sections 1.1, 4, 6, 9.1, 9.2, 9.3, 12, and 18 as
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
17and oils, for the purpose of salvaging hides, wool, skins or
18feathers, and for the production of animal, poultry, or fish
19protein, 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



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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 into
6a 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
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 cooking
22oils in a permitted vehicle for delivery to a grease and
23cooking oil processor for purposes other than rendering or
25    (k) "Grease and oil processor" means any person who stores,
26filters, processes, or distributes for reuse or recycling used



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1cooking grease and cooking oils for uses other than rendering
2or blending.
3(Source: P.A. 88-133.)
4    (225 ILCS 610/4)  (from Ch. 8, par. 152)
5    Sec. 4. Application for such license shall be made to the
6Department on forms provided by it, which application shall set
7forth the name and residence of the applicant, classification
8of license or licenses requested, his place or proposed place
9of business, and the particular method which he intends to
10employ in disposing of rendering material and such other
11information as the Department may require. The licenses shall
12be classified according to type of plant operated. Renderer:
13Class "A"--dead animals only; Class "B"--parts of bodies of
14animals, scrap, bones, fat, used cooking grease and oils; Class
15"C"--poultry or parts of poultry and Class "D"--fish or parts
16of fish; Blender: Class "E"; Collection Center: Class "F";
17Animal Collection Service: Class "G"; grease and oil processor:
18Class "H".
19(Source: P.A. 88-133.)
20    (225 ILCS 610/6)  (from Ch. 8, par. 154)
21    Sec. 6. On the receipt of the certification described in
22Section 5, and the payment of the fee provided herein, the
23Department shall issue a license to the applicant to conduct
24such business at the place specified in the application for one



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1calendar year or for the portion of the calendar year remaining
2at the time the license is issued. No license shall be issued
3for a plant not located within the boundaries of the State of
4Illinois. No license issued under this Section is transferable.
5    The following nonrefundable fees shall accompany each
6application for a license.
7    (1) For an original license of any
8classification other than Class "F"...............$150
9    (2) For the annual renewal of a license
10of any classification other than Class "F"........$150
11    (3) For an original license for each
12additional classification other than Class "F"....$50
13    (4) For the annual renewal of the license of
14any additional classification
15other than Class "F"..............................$50
16    (5) For an original Class "F" license.........$25
17    (6) For the annual renewal
18of a Class "F" license............................$25
19    (7) For an original Class "G" license.........$25
20    (8) For the annual renewal of a Class "G"
22    (9) For an original Class "H" license......... $25
23    (10) For the annual renewal of a Class "H"
25(Source: P.A. 88-133.)



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1    (225 ILCS 610/9.1)  (from Ch. 8, par. 157.1)
2    Sec. 9.1. Except as otherwise provided in Section 14, no
3person shall operate a vehicle used to transport rendering
4materials or used cooking grease or cooking oils in this State
5without a vehicle permit issued by the Department or without
6complying with this Act. Applications for vehicle permits shall
7be accepted only from licensed renderers and grease and oil
8processors and shall include the name and address of the
9proposed permittee, the location of the place or intended place
10of the proposed permittee's business, the number and types of
11vehicles to be used by the proposed permittee and such other
12information as may be required by regulations of the
13Department. Owners or operators of vehicles not owned by
14licensed renderers or grease and oil processors in this State
15shall secure a permit through the licensed renderer, or
16renderers, or grease and oil processors to whom the rendering
17material or used cooking grease and cooking oil will be
18delivered. The Department shall issue a Class 1 permit for the
19transporting of dead animals, fish or poultry; a Class 2 permit
20for transporting parts of bodies of animals, scrap, bones, fat,
21or used cooking grease and oils; a Class 3 permit for
22transporting hides; and a Class 4 permit for transporting
23bodies or parts of bodies of dead animals, poultry or fish to a
24landfill as an animal collection service. Permits issued
25hereunder shall be renewable annually during December of each
26year. All vehicle permits not renewed during December of each



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1year shall expire on December 31 of that year. A $10 fee shall
2accompany each application for a vehicle permit or renewal
4(Source: P.A. 88-133.)
5    (225 ILCS 610/9.2)  (from Ch. 8, par. 157.2)
6    Sec. 9.2. Each vehicle issued a Class 1 permit shall have
7the inscription "Illinois Dead Animal Disposal Permit No. ...",
8as assigned; each truck granted a Class 2 permit shall have the
9inscription "Illinois Scrap and Grease Permit No. ...", as
10assigned; and each truck granted a Class 3 permit shall have
11the inscription "Illinois Hide Permit No. ...", as assigned.
12All of these inscriptions shall be painted in a conspicuous
13place in contrasting color on the left side of the bed of the
14vehicle in letters not less than 3 inches high. If the vehicle
15transporting the rendering material or used cooking grease and
16cooking oil or conveying dead animals to a landfill is not a
17van type truck, the vehicle bed, as well as any properly
18identified tanks or barrels used for the transportation of
19rendering material, or used cooking grease and cooking oil when
20loaded or partially loaded, shall be covered when traveling
21highways of the State of Illinois. Vehicle beds shall be
22leak-proof or constructed so that no drippings or seepage can
24    Collection vehicles containing rendering material or used
25cooking grease and cooking oil or used for transporting dead



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1animals, poultry, fish, or parts of bodies thereof shall be
2thoroughly scrubbed and disinfected after hauling each load, or
3before proceeding for another load. All vehicle beds shall be
4painted as necessary, and kept in good condition and repair at
5all times.
6(Source: P.A. 88-133.)
7    (225 ILCS 610/9.3)  (from Ch. 8, par. 157.3)
8    Sec. 9.3. All permittees shall record each collection of
9rendering materials or used cooking grease and cooking oil,
10setting forth the date, quantity and description of rendering
11material or used cooking grease and cooking oil collected, and
12the person to whom such material was delivered. The permittee
13shall give a receipt to every person from whom the permittee
14collects rendering materials or used cooking grease and cooking
15oil. The original of such records, and a copy of all receipts
16given by the permittee for rendering material or used cooking
17grease and cooking oil shall be retained by the permittee until
18the rendering materials or used cooking grease and cooking oil
19are delivered to their destination. Thereafter, the record and
20receipt shall be retained by the permittee for a minimum of 3
21months and shall be available for inspection by authorized
22personnel of the Department.
23(Source: P.A. 83-760.)
24    (225 ILCS 610/12)  (from Ch. 8, par. 160)



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1    Sec. 12. The Department shall make such reasonable
2regulations for the carrying on and conduct of such business as
3it may deem advisable and all persons engaged in such business
4shall comply therewith. The Department, or its
5representatives, in performing the duties vested in it under
6this Act is empowered to enter, during usual working hours, any
7premises, buildings, or other places where dead animals or used
8cooking grease and cooking oil may be found, for the purpose of
9administering the provisions of this Act.
10    Licensees shall comply with rules, bulletins, manuals of
11procedure and guidelines pertaining to renderers and blenders
12and the handling and distribution of condemned or inedible meat
13or poultry products which implement the federal Meat Inspection
14Act and the federal Poultry Inspection Act. Such rules,
15bulletins, manuals and guidelines shall become effective on the
16date designated by the United States Department of Agriculture.
17(Source: P.A. 86-231.)
18    (225 ILCS 610/18)  (from Ch. 8, par. 166)
19    Sec. 18. The transportation of bodies or parts of bodies of
20dead animals, poultry or fish, or used cooking greases and
21oils, raw or unrendered, except green or salted hides, shall
22not be allowed into other states except by reciprocal
23agreements with other states under rules of the Department.
24(Source: P.A. 87-157.)



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1    Section 10. The Criminal Code of 2012 is amended by
2changing Section 48-7 as follows:
3    (720 ILCS 5/48-7)
4    Sec. 48-7. Feeding garbage to animals.
5    (a) Definitions. As used in this Section:
6        "Department" means the Department of Agriculture of
7    the State of Illinois.
8        "Garbage" has the same meaning as in the federal Swine
9    Health Protection Act (7 U.S.C. 3802) and also includes
10    putrescible vegetable waste. "Garbage" does not include
11    the contents of the bovine digestive tract means
12    putrescible vegetable waste, animal, poultry, or fish
13    carcasses or parts thereof resulting from the handling,
14    preparation, cooking, or consumption of food, but does not
15    include the contents of the bovine digestive tract.
16    "Garbage" also means the bodies or parts of bodies of
17    animals, poultry or fish.
18        "Person" means any person, firm, partnership,
19    association, corporation, or other legal entity, any
20    public or private institution, the State, or any municipal
21    corporation or political subdivision of the State.
22    (b) A person commits feeding garbage to animals when he or
23she feeds or permits the feeding of garbage to swine or any
24animals or poultry on any farm or any other premises where
25swine are kept.



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1    (c) Establishments licensed under the Illinois Dead Animal
2Disposal Act or under similar laws in other states are exempt
3from the provisions of this Section.
4    (d) Nothing in this Section shall be construed to apply to
5any person who feeds garbage produced in his or her own
6household to animals or poultry kept on the premises where he
7or she resides except this garbage if fed to swine shall not
8contain particles of meat.
9    (e) Sentence. Feeding garbage to animals is a Class B
10misdemeanor, and for the first offense shall be fined not less
11than $100 nor more than $500 and for a second or subsequent
12offense shall be fined not less than $200 nor more than $500 or
13imprisoned in a penal institution other than the penitentiary
14for not more than 6 months, or both.
15    (f) A person violating this Section may be enjoined by the
16Department from continuing the violation.
17    (g) The Department may make reasonable inspections
18necessary for the enforcement of this Section, and is
19authorized to enforce, and administer the provisions of this
21(Source: P.A. 97-1108, eff. 1-1-13.)