|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4812
Introduced 1/12/2010, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
|
|
Amends the Illinois Horse Meat Act. Exempts certain types of horse meat from regulation under the Act. Creates the Equine Rescue Assistance Fund. Requires certain facilities to collect a $25 fee for each slaughtered horse and to remit those sums to the Department of Agriculture for deposit into the Equine Rescue Assistance Fund. Requires the Department to create and administer an Equine Rescue Assistance Program to make grants to qualified equine rescue organizations for the expansion of equine rescue facilities and for the care and maintenance of rescued horses. Repeals a provision that prohibits the slaughter of horses for human consumption. Amends the Animals Intended for Food Act. Expands the definition of "animal" to include "horses, mules, or other equidae". Amends the Illinois Equine Infectious Anemia Control Act. Allows equidae
more than 12 months of age to enter the State for immediate slaughter without a certificate of veterinary inspection. Requires equidae entering the State for
immediate slaughter to be accompanied by a consignment
direct to slaughter at an approved equine slaughtering establishment. Amends the Humane Care for Animals Act. Creates an exemption from the general prohibition against selling, offering to sell, leading, riding, transporting, or driving on any public way any equidae that, because
of debility, disease, lameness, or any other cause could not be worked in
this State. Deletes a provision that prohibits injured equidae from being sent directly to a slaughter facility. Amends the Humane Slaughter of Livestock Act. Deletes a provision in the definition of the term "livestock" that excludes "horses, mules, or other equidae to be used in and for the preparation of meat or meat products for consumption by human beings". Effective immediately.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB4812 |
|
LRB096 15726 JDS 30965 b |
|
|
1 |
| AN ACT concerning animals.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The State Finance Act is amended by adding |
5 |
| Section 5.755 as follows: |
6 |
| (30 ILCS 105/5.755 new) |
7 |
| Sec. 5.755. The Equine Rescue Assistance Fund. |
8 |
| Section 7. The Illinois Horse Meat Act is amended by adding |
9 |
| Sections 13.1 and 13.3 as follows: |
10 |
| (225 ILCS 635/13.1 new)
|
11 |
| Sec. 13.1. Exclusions from the Act. Horse meat labeled as |
12 |
| such in hermetically sealed containers and registered under the |
13 |
| Illinois Commercial Feed Act of 1961 is excluded from the |
14 |
| provisions of this Act. Horse meat prepared in federally |
15 |
| inspected plants located in the State of Illinois, for sale |
16 |
| outside of the State of Illinois, is excluded from the |
17 |
| provisions of this Act. |
18 |
| (225 ILCS 635/13.3 new)
|
19 |
| Sec. 13.3. Equine Rescue Assistance Fund and Program. |
20 |
| (a) The Equine Rescue Assistance Fund is created as a |
|
|
|
HB4812 |
- 2 - |
LRB096 15726 JDS 30965 b |
|
|
1 |
| special fund in the State Treasury. The Fund may accept fees, |
2 |
| gifts, grants, donations, and federal or State appropriations |
3 |
| for use by the Department in making grants to qualified equine |
4 |
| rescue organizations through the Equine Rescue Assistance |
5 |
| Program. |
6 |
| (b) Federally inspected facilities that produce horse meat |
7 |
| that is exempt from this Act's requirements because of Section |
8 |
| 13.1 shall collect a fee of $25 for every horse slaughtered. |
9 |
| These facilities shall remit these fees to the Department on a |
10 |
| quarterly basis, and the Department shall deposit remitted fees |
11 |
| into the Equine Rescue Assistance Fund. |
12 |
| (c) The Department shall create and administer an Equine |
13 |
| Rescue Assistance Program. Subject to appropriation from the |
14 |
| Fund, the Department shall make grants to qualified equine |
15 |
| rescue organizations for the expansion of equine rescue |
16 |
| facilities and for the care and maintenance of rescued horses. |
17 |
| (225 ILCS 635/1.5 rep.) |
18 |
| Section 10. The Illinois Horse Meat Act is amended by |
19 |
| repealing Section 1.5. |
20 |
| Section 15. The Animals Intended for Food Act is amended by |
21 |
| changing Section 2.1 as follows:
|
22 |
| (410 ILCS 605/2.1) (from Ch. 8, par. 107.1)
|
23 |
| Sec. 2.1. When in the interest of the general public and in |
|
|
|
HB4812 |
- 3 - |
LRB096 15726 JDS 30965 b |
|
|
1 |
| the opinion of the
Department of Agriculture it is deemed |
2 |
| advisable, the Department has
authority to quarantine or |
3 |
| restrict any and all animals intended for human
consumption |
4 |
| that contain poisonous or deleterious substances which may
|
5 |
| render meat or meat products or poultry or poultry products |
6 |
| from such
animals or poultry injurious to health; except in |
7 |
| case the quantity of such
substances in such animals does not |
8 |
| ordinarily render meat or meat products
or poultry or poultry |
9 |
| products from such animals injurious to health.
|
10 |
| The Department or its duly authorized agent shall |
11 |
| investigate or cause
to be investigated all cases where it has |
12 |
| reason to believe that animals
intended for human consumption |
13 |
| are contaminated with any poisonous or
deleterious substance |
14 |
| which may render them unfit for human consumption.
|
15 |
| The Department or its duly designated agent in performing |
16 |
| the duties
vested in it under this Act is empowered to enter |
17 |
| any premises, barns,
stables, sheds, or other places for the |
18 |
| purposes of administering this Act.
|
19 |
| The Department may allow the sale or transfer of animals |
20 |
| under
quarantine or restriction subject to reasonable rules and |
21 |
| regulations as
may be prescribed.
|
22 |
| For the purposes of this Act, the term "Animal" means |
23 |
| cattle, calves,
sheep, swine, horses, mules, or other equidae,
|
24 |
| goats, poultry and any other
animal which can be or may be used |
25 |
| in and for meat or poultry or their
products for human |
26 |
| consumption.
|
|
|
|
HB4812 |
- 4 - |
LRB096 15726 JDS 30965 b |
|
|
1 |
| (Source: P.A. 95-2, eff. 5-24-07.)
|
2 |
| Section 20. The Illinois Equine Infectious Anemia Control |
3 |
| Act is amended by changing Section 4 as follows:
|
4 |
| (510 ILCS 65/4) (from Ch. 8, par. 954)
|
5 |
| Sec. 4. Tests of equidae entering the State. All equidae
|
6 |
| more than 12 months of age entering the State for any reason |
7 |
| other than for immediate slaughter
shall be accompanied by a
|
8 |
| Certificate of Veterinary Inspection issued by an accredited
|
9 |
| veterinarian of the state of origin within 30 days prior to
|
10 |
| entry and shall be negative to an official test for EIA within
|
11 |
| one year prior to entry. Equidae entering the State for
|
12 |
| immediate slaughter shall be accompanied by a consignment
|
13 |
| direct to slaughter at an approved equine slaughtering |
14 |
| establishment.
|
15 |
| (Source: P.A. 95-2, eff. 5-24-07.)
|
16 |
| Section 25. The Humane Care for Animals Act is amended by |
17 |
| changing Sections 5 and 7.5 as follows:
|
18 |
| (510 ILCS 70/5) (from Ch. 8, par. 705)
|
19 |
| Sec. 5. Lame or disabled horses. No person shall sell, |
20 |
| offer to sell,
lead, ride, transport, or drive on any public |
21 |
| way any equidae which, because
of debility, disease, lameness |
22 |
| or any other cause, could not be worked in
this State without |
|
|
|
HB4812 |
- 5 - |
LRB096 15726 JDS 30965 b |
|
|
1 |
| violating this Act , unless the equidae are being sold,
|
2 |
| transported, or housed with the intent that it will be moved in |
3 |
| an expeditious
and humane manner to an approved slaughtering |
4 |
| establishment . Such equidae may
be conveyed to a proper place |
5 |
| for medical or surgical treatment ,
or for humane
keeping or |
6 |
| euthanasia , or for slaughter in an approved slaughtering
|
7 |
| establishment .
|
8 |
| A person convicted of violating this Section or any rule, |
9 |
| regulation, or
order of the Department pursuant thereto is |
10 |
| guilty of a Class A misdemeanor.
A second or subsequent |
11 |
| violation is a Class 4 felony.
|
12 |
| (Source: P.A. 95-2, eff. 5-24-07.)
|
13 |
| (510 ILCS 70/7.5)
|
14 |
| Sec. 7.5. Downed animals.
|
15 |
| (a) For the purpose of this Section a downed animal is one |
16 |
| incapable of
walking without assistance.
|
17 |
| (b) No downed animal shall be sent to a stockyard, auction, |
18 |
| or other
facility where its impaired mobility may result in |
19 |
| suffering. An injured
animal other than those of the equine |
20 |
| genus may be sent directly to a slaughter facility.
|
21 |
| (c) A downed animal sent to a stockyard, auction, or other |
22 |
| facility in
violation of this Section shall be humanely |
23 |
| euthanized, the disposition of such
animal shall be the |
24 |
| responsibility of the owner, and the owner shall be liable
for |
25 |
| any expense incurred.
|
|
|
|
HB4812 |
- 6 - |
LRB096 15726 JDS 30965 b |
|
|
1 |
| If an animal becomes downed in transit it shall be the |
2 |
| responsibility of the
carrier.
|
3 |
| (d) A downed animal shall not be transported unless |
4 |
| individually
segregated.
|
5 |
| (e) A person convicted of violating this Section or any |
6 |
| rule,
regulation, or order of the Department pursuant thereto |
7 |
| is guilty of a
Class B misdemeanor. A second or subsequent |
8 |
| violation is a Class 4 felony,
with every day that a violation |
9 |
| continues constituting a separate offense.
|
10 |
| (Source: P.A. 95-2, eff. 5-24-07.)
|
11 |
| Section 30. The Humane Slaughter of Livestock Act is |
12 |
| amended by changing Section 2 as follows:
|
13 |
| (510 ILCS 75/2) (from Ch. 8, par. 229.52)
|
14 |
| Sec. 2. As used in this Act:
|
15 |
| (1) "Director" means the Director of the Department of |
16 |
| Agriculture of
the State of Illinois.
|
17 |
| (2) "Person" means any individual, partnership, |
18 |
| corporation, or
association doing business in this State, |
19 |
| in whole or in part.
|
20 |
| (3) "Slaughterer" means any person regularly engaged |
21 |
| in the commercial
slaughtering of livestock.
|
22 |
| (4) "Livestock" means cattle, calves, sheep, swine, |
23 |
| horses, mules,
goats, and any other animal which can or may |
24 |
| be used in and for the
preparation of meat or meat products |
|
|
|
HB4812 |
- 7 - |
LRB096 15726 JDS 30965 b |
|
|
1 |
| for consumption by human beings or
animals. "Livestock", |
2 |
| however, does not include horses, mules, or other equidae |
3 |
| to be used in and for the preparation of meat or meat |
4 |
| products for consumption by human beings, which is |
5 |
| prohibited under Section 1.5 of the Illinois Horse Meat |
6 |
| Act.
|
7 |
| (5) "Packer" means any person engaged in the business |
8 |
| of slaughtering or
manufacturing or otherwise preparing |
9 |
| meat or meat products for sale, either
by such person or |
10 |
| others; or of manufacturing or preparing livestock
|
11 |
| products for sale by such person or others.
|
12 |
| (6) "Humane method" means either (a) a method whereby |
13 |
| the animal is
rendered insensible to pain by gunshot or by |
14 |
| mechanical, electrical,
chemical or other means that is |
15 |
| rapid and effective, before being shackled,
hoisted, |
16 |
| thrown, cast or cut; or (b) a method in accordance with |
17 |
| ritual
requirements of the Jewish faith or any other |
18 |
| religious faith whereby the
animal suffers loss of |
19 |
| consciousness by anemia of the brain caused by the
|
20 |
| simultaneous and instantaneous severance of the carotid |
21 |
| arteries with a
sharp instrument.
|
22 |
| (Source: P.A. 95-2, eff. 5-24-07.)
|
23 |
| Section 99. Effective date. This Act takes effect upon |
24 |
| becoming law.
|
|
|
|
HB4812 |
- 8 - |
LRB096 15726 JDS 30965 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 30 ILCS 105/5.755 new |
|
| 4 |
| 225 ILCS 635/13.1 new |
|
| 5 |
| 225 ILCS 635/13.3 new |
|
| 6 |
| 225 ILCS 635/1.5 rep. |
|
| 7 |
| 410 ILCS 605/2.1 |
from Ch. 8, par. 107.1 |
| 8 |
| 510 ILCS 65/4 |
from Ch. 8, par. 954 |
| 9 |
| 510 ILCS 70/5 |
from Ch. 8, par. 705 |
| 10 |
| 510 ILCS 70/7.5 |
|
| 11 |
| 510 ILCS 75/2 |
from Ch. 8, par. 229.52 |
|
|