HB2563 101ST GENERAL ASSEMBLY

LRB101 10632 SLF 55738 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2563

Introduced , by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

New Act
505 ILCS 30/3	from Ch. 56 1/2, par. 66.3

Creates Prohibit Animal Remains in Pet Food Act. Provides that pet food is prohibited in the State if it contains: (1) any animal remains from an animal that has been euthanized by the use of any drug injected intravenously or through a nonvascular route; or (2) any dog or cat remains, regardless of how the dog or cat was killed. Makes conforming changes to the Illinois Commercial Feed Act of 1961. Effective immediately.

A BILL FOR

AN ACT concerning pet food.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Prohibit Animal Remains in Pet Food Act.

Section 5. Prohibitions; pet food. Pet food is prohibited in this State if it contains: (1) any animal remains from an animal that has been euthanized by the use of any drug injected intravenously or through a nonvascular route; or (2) any dog or cat remains, regardless of how the dog or cat was killed.

Section 50. The Illinois Commercial Feed Act of 1961 is amended by changing Section 3 as follows:

(505 ILCS 30/3) (from Ch. 56 1/2, par. 66.3)

Sec. 3. Definitions of words and terms. When used in this Act unless the context otherwise requires:

(a) The term "person" means any individual, partnership, corporation and association.

(b) The term "distribute" means to offer for sale, sell, exchange, give away or barter commercial feed or to supply, furnish or otherwise provide commercial feed to a contract feeder.

(c) The term "distributor" means any person who distributes.

(d) The term "commercial feed" means all materials, including customer formula feeds, which are distributed for use as feed, or labeled with a guaranteed analysis for use as feed, or for mixing in feed for birds or animals other than man except:

(1) Whole unmixed seed or grain or physically altered entire unmixed seed or grain, providing such seed or grain is not adulterated within the meaning of Section 7 of this Act.

(2) Unground hay, straw, stover, silage, cobs, husks and hulls when not mixed with other materials and not adulterated within the meaning of Section 7 of this Act.

(3) Individual chemical compounds when not mixed with other materials and not adulterated within the meaning of Section 7 of this Act.

(e) The term "feed ingredient" means each of the constituent materials making up a commercial feed.

(f) The term "mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

(g) The term "drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal's body.

(h) The term "customer-formula feed" means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients each batch of which mixture is mixed according to the specific instructions of the final purchaser.

(i) The term "manufacture" means to grind, mix or blend or further process a commercial feed for distribution.

(j) The term "brand name" means any word, name, symbol, device, or any combination thereof, identifying the commercial feed of a distributor or manufacturer and distinguishing it from that of others.

(k) The term "product name" means the name of the commercial feed which identifies it as to kind, class, or specific use.

(l) The term "label" means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed or customer-formula feed is distributed.

(m) The term "ton" means a net weight of 2000 pounds avoirdupois.

(n) The term "per cent" or "percentage" means percentage by weight.

(o) The term "official sample" means any sample of feed taken by the Director or his agent and designated as "official" by the Director or his agent.

(p) The term "contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of product.

(q) The term "seed" means agricultural, grass, vegetable or other seeds as determined by the Department.

(r) The term "grain" means corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and any other food grains, feed grains, and oilseeds for which standards are established under the United States Grain Standards Act.

(s) The term "pet food" means any commercial feed prepared and distributed for consumption by dogs and cats that does not contain any animal remains from an animal that has been euthanized by the use of any drug injected intravenously or through another nonvascular route or the remains of any dog or cat.

(t) The term "specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.

(u) The term "specialty pet" means any animal normally maintained in confinement, including but not limited to, gerbils, hamsters, birds, fish, snakes, turtles, and zoo animals.

(v) The term "animal" means any living creature, domestic or wild, but does not include man.

(w) The term "Department" means the Department of Agriculture of the State of Illinois.

(x) The term "Director" means the Director of the Department of Agriculture of the State of Illinois or duly authorized representative.

(Source: P.A. 87-664.)

Section 99. Effective date. This Act takes effect upon becoming law.