Illinois General Assembly - Full Text of HB5382
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Full Text of HB5382  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/15/2012, by Rep. Richard Morthland


225 ILCS 635/14.5 new
225 ILCS 635/1.5 rep.
410 ILCS 605/2.1  from Ch. 8, par. 107.1
510 ILCS 65/4  from Ch. 8, par. 954
510 ILCS 70/5  from Ch. 8, par. 705
510 ILCS 70/7.5
510 ILCS 75/2  from Ch. 8, par. 229.52

    Amends the Illinois Horse Meat Act. Repeals the provisions of Public Act 95-2 that concerns the ban on slaughtering horses for human consumption. Amends various Acts by adding or deleting certain language that was added or deleted by Public Act 95-2. Effective immediately.

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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 1. The Illinois Horse Meat Act is amended by adding
5Section 14.5 as follows:
6    (225 ILCS 635/14.5 new)
7    Sec. 14.5. Hermetically sealed horse meat. Horse meat
8labeled as such in hermetically sealed containers and
9registered under the Illinois Commercial Feed Act of 1961 is
10excluded from the provisions of this Act. Horse meat prepared
11in federally inspected plants located in the State of Illinois,
12for sale outside of the State of Illinois, is excluded from the
13provisions of this Act.
14    (225 ILCS 635/1.5 rep.)
15    Section 5. The Illinois Horse Meat Act is amended by
16repealing Section 1.5.
17    Section 10. The Animals Intended for Food Act is amended by
18changing Section 2.1 as follows:
19    (410 ILCS 605/2.1)  (from Ch. 8, par. 107.1)
20    Sec. 2.1. When in the interest of the general public and in



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1the opinion of the Department of Agriculture it is deemed
2advisable, the Department has authority to quarantine or
3restrict any and all animals intended for human consumption
4that contain poisonous or deleterious substances which may
5render meat or meat products or poultry or poultry products
6from such animals or poultry injurious to health; except in
7case the quantity of such substances in such animals does not
8ordinarily render meat or meat products or poultry or poultry
9products from such animals injurious to health.
10    The Department or its duly authorized agent shall
11investigate or cause to be investigated all cases where it has
12reason to believe that animals intended for human consumption
13are contaminated with any poisonous or deleterious substance
14which may render them unfit for human consumption.
15    The Department or its duly designated agent in performing
16the duties vested in it under this Act is empowered to enter
17any premises, barns, stables, sheds, or other places for the
18purposes of administering this Act.
19    The Department may allow the sale or transfer of animals
20under quarantine or restriction subject to reasonable rules and
21regulations as may be prescribed.
22    For the purposes of this Act, the term "Animal" means
23cattle, calves, sheep, swine, horses, mules, or other equidae,
24goats, poultry and any other animal which can be or may be used
25in and for meat or poultry or their products for human



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1(Source: P.A. 95-2, eff. 5-24-07.)
2    Section 15. The Illinois Equine Infectious Anemia Control
3Act 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
6more than 12 months of age entering the State for any reason
7other than for immediate slaughter shall be accompanied by a
8Certificate of Veterinary Inspection issued by an accredited
9veterinarian of the state of origin within 30 days prior to
10entry and shall be negative to an official test for EIA within
11one year prior to entry. Equidae entering the State for
12immediate slaughter shall be accompanied by a consignment
13direct to slaughter at an approved equine slaughtering
15(Source: P.A. 95-2, eff. 5-24-07.)
16    Section 20. The Humane Care for Animals Act is amended by
17changing 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,
20offer to sell, lead, ride, transport, or drive on any public
21way any equidae which, because of debility, disease, lameness
22or any other cause, could not be worked in this State without



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1violating this Act, unless the equidae is being sold,
2transported, or housed with the intent that it will be moved in
3an expeditious and humane manner to an approved slaughtering
4establishment. Such equidae may be conveyed to a proper place
5for medical or surgical treatment, or for humane keeping or
6euthanasia, or for slaughter in an approved slaughtering
8    A person convicted of violating this Section or any rule,
9regulation, or order of the Department pursuant thereto is
10guilty of a Class A misdemeanor. A second or subsequent
11violation 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
16incapable of walking without assistance.
17    (b) No downed animal shall be sent to a stockyard, auction,
18or other facility where its impaired mobility may result in
19suffering. An injured animal other than those of the equine
20genus may be sent directly to a slaughter facility.
21    (c) A downed animal sent to a stockyard, auction, or other
22facility in violation of this Section shall be humanely
23euthanized, the disposition of such animal shall be the
24responsibility of the owner, and the owner shall be liable for
25any expense incurred.



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1    If an animal becomes downed in transit it shall be the
2responsibility of the carrier.
3    (d) A downed animal shall not be transported unless
4individually segregated.
5    (e) A person convicted of violating this Section or any
6rule, regulation, or order of the Department pursuant thereto
7is guilty of a Class B misdemeanor. A second or subsequent
8violation is a Class 4 felony, with every day that a violation
9continues constituting a separate offense.
10(Source: P.A. 95-2, eff. 5-24-07.)
11    Section 25. The Humane Slaughter of Livestock Act is
12amended 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
16Agriculture of the State of Illinois.
17    (2) "Person" means any individual, partnership,
18corporation, or association doing business in this State, in
19whole or in part.
20    (3) "Slaughterer" means any person regularly engaged in the
21commercial slaughtering of livestock.
22    (4) "Livestock" means cattle, calves, sheep, swine,
23horses, mules, goats, and any other animal which can or may be
24used in and for the preparation of meat or meat products for



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1consumption by human beings or animals. "Livestock", however,
2does not include horses, mules, or other equidae to be used in
3and for the preparation of meat or meat products for
4consumption by human beings, which is prohibited under Section
51.5 of the Illinois Horse Meat Act.
6    (5) "Packer" means any person engaged in the business of
7slaughtering or manufacturing or otherwise preparing meat or
8meat products for sale, either by such person or others; or of
9manufacturing or preparing livestock products for sale by such
10person or others.
11    (6) "Humane method" means either (a) a method whereby the
12animal is rendered insensible to pain by gunshot or by
13mechanical, electrical, chemical or other means that is rapid
14and effective, before being shackled, hoisted, thrown, cast or
15cut; or (b) a method in accordance with ritual requirements of
16the Jewish faith or any other religious faith whereby the
17animal suffers loss of consciousness by anemia of the brain
18caused by the simultaneous and instantaneous severance of the
19carotid arteries with a sharp instrument.
20(Source: P.A. 95-2, eff. 5-24-07.)
21    Section 97. Severability. The provisions of this Act are
22severable under Section 1.31 of the Statute on Statutes.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.