HB4102 95TH GENERAL ASSEMBLY

LRB095 12239 RAS 36648 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4102

Introduced 5/22/2007, by Rep. Robert W. Pritchard

SYNOPSIS AS INTRODUCED:

225 ILCS 635/1.5
510 ILCS 65/4	from Ch. 8, par. 954
510 ILCS 70/5	from Ch. 8, par. 705
510 ILCS 70/7.5

Amends the Horse Meat Act. Provides that if and only if House Bill 1711 of the 95th General Assembly, in the form it passed the House, becomes law, it is unlawful for any person to sell horse meat for animal consumption unless the horse meat is clearly stamped, marked, and described as horse meat for animal consumption. Amends the Illinois Equine Infectious Anemia Control Act and the Humane Care for Animals Act to make related changes. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning horses.

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

Section 5. If and only if House Bill 1711 of the 95th General Assembly, in the form it passed the House, becomes law, the Illinois Horse Meat Act is amended by changing Section 1.5 as follows:

(225 ILCS 635/1.5)

Sec. 1.5. Slaughter for human consumption unlawful; animal consumption label required.

(a) Notwithstanding any other provision of law, it is unlawful for any person to slaughter a horse if that person knows or should know that any of the horse meat will be used for human consumption.

(b) Notwithstanding any other provision of law, it is unlawful for any person to possess, to import into or export from this State, or to sell, buy, give away, hold, or accept any horse meat if that person knows or should know that the horse meat will be used for human consumption.

(b-5) It is unlawful for any person to sell horse meat for animal consumption unless the horse meat is clearly stamped, marked, and described as horse meat for animal consumption.

(c) Any person who knowingly violates any of the provisions of this Section is guilty of a Class C misdemeanor.

(d) This Section shall not apply to:

(1) Any commonly accepted noncommercial, recreational, or sporting activity.

(2) Any existing laws which relate to horse taxes or zoning.

(3) The processing of food producing animals other than those of the equine genus.

(Source: 95HB1711enr.)

Section 10. If and only if House Bill 1711 of the 95th General Assembly, in the form it passed the House, becomes law, the Illinois Equine Infectious Anemia Control Act is amended by changing Section 4 as follows:

(510 ILCS 65/4) (from Ch. 8, par. 954)

Sec. 4. Tests of equidae entering the State. All equidae more than 12 months of age entering the State for any reason other than for immediate slaughter for animal consumption shall be accompanied by a Certificate of Veterinary Inspection issued by an accredited veterinarian of the state of origin within 30 days prior to entry and shall be negative to an official test for EIA within one year prior to entry. Equidae entering the State for immediate slaughter for animal consumption shall be accompanied by a consignment direct to slaughter at an approved equine slaughtering establishment.

(Source: 95HB1711enr.)

Section 15. If and only if House Bill 1711 of the 95th General Assembly, in the form it passed the House, becomes law, the Humane Care for Animals Act is amended by changing Sections 5 and 7.5 as follows:

(510 ILCS 70/5) (from Ch. 8, par. 705)

Sec. 5. Lame or disabled horses. No person shall sell, offer to sell, lead, ride, transport, or drive on any public way any equidae which, because of debility, disease, lameness or any other cause, could not be worked in this State without violating this Act. Such equidae may be conveyed to a proper place for medical or surgical treatment, or for humane keeping or euthanasia, or for slaughter for animal consumption in an approved slaughtering establishment.

A person convicted of violating this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(Source: 95HB1711enr.)

(510 ILCS 70/7.5)

Sec. 7.5. Downed animals.

(a) For the purpose of this Section a downed animal is one incapable of walking without assistance.

(b) No downed animal shall be sent to a stockyard, auction, or other facility where its impaired mobility may result in suffering. An injured animal, other than those of the equine genus not intended for slaughter for animal consumption, may be sent directly to a slaughter facility.

(c) A downed animal sent to a stockyard, auction, or other facility in violation of this Section shall be humanely euthanized, the disposition of such animal shall be the responsibility of the owner, and the owner shall be liable for any expense incurred.

If an animal becomes downed in transit it shall be the responsibility of the carrier.

(d) A downed animal shall not be transported unless individually segregated.

(e) A person convicted of violating this Section or any rule, regulation, or order of the Department pursuant thereto is guilty of a Class B misdemeanor. A second or subsequent violation is a Class 4 felony, with every day that a violation continues constituting a separate offense.

(Source: 95HB1711enr.)

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