Full Text of HB4505 98th General Assembly
HB4505ham001 98TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 3/14/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4505
| 2 | | AMENDMENT NO. ______. Amend House Bill 4505 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Dead Animal Disposal Act is | 5 | | amended by changing Sections 1.1, 4, 6, 9.1, 9.2, 9.3, 12, and | 6 | | 18 as follows:
| 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 | 9 | | requires:
| 10 | | (a) "Department" means the Department of Agriculture of the | 11 | | State of
Illinois.
| 12 | | (b) "Person" means any individual, firm, partnership,
| 13 | | association, corporation or other business entity.
| 14 | | (c) "Renderer" means any person who, for other than human | 15 | | consumption,
collects, cooks and processes bodies or parts of | 16 | | bodies of dead animals,
poultry or fish, or used cooking grease |
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| 1 | | and oils, for the purpose of
salvaging hides, wool, skins or | 2 | | feathers, and
for the production of animal, poultry, or fish | 3 | | protein, blood meal,
bone meal, grease or tallow.
| 4 | | (d) "Blender" means any person who acquires inedible | 5 | | by-products of
bodies or parts of bodies of dead animals, | 6 | | poultry or fish, or used
cooking grease and oils, for the | 7 | | purpose of
blending them to obtain a desired percentage of | 8 | | protein, degree of quality
or color for use in animal feed, | 9 | | poultry feed or fertilizers.
| 10 | | (e) "Collection center" means any place where bodies or | 11 | | parts of bodies
of dead animals, poultry or fish, or used | 12 | | cooking grease and cooking oils, are collected
for loading into | 13 | | a permitted vehicle for delivery to the renderer.
| 14 | | (f) "Permittee" means any person issued a vehicle permit | 15 | | under the
provisions
of this Act.
| 16 | | (g) "Licensee" means any person licensed under the | 17 | | provisions of this Act.
| 18 | | (h) "Rendering materials" means bodies or parts of bodies | 19 | | of dead animals,
poultry or fish, or used cooking grease and | 20 | | oils.
| 21 | | (i) "Animal collection service" means a company that | 22 | | conveys dead animals
to a landfill facility licensed under the | 23 | | Environmental Protection Act when no
rendering service is | 24 | | available.
Waste haulers collecting waste in which a dead | 25 | | animal is included incidental
to such waste shall not be | 26 | | considered an "animal collection service"
activity.
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| 1 | | (j) "Grease and oil collector" means any person who | 2 | | collects for reuse or recycling used cooking grease and cooking | 3 | | oils in a permitted vehicle for delivery to a grease and | 4 | | cooking oil processor for purposes other than rendering or | 5 | | blending. | 6 | | (k) "Grease and oil processor" means any person who stores, | 7 | | filters, processes, or distributes for reuse or recycling used | 8 | | cooking grease and cooking oils for uses other than rendering | 9 | | or blending. | 10 | | (Source: P.A. 88-133.)
| 11 | | (225 ILCS 610/4) (from Ch. 8, par. 152)
| 12 | | Sec. 4.
Application for such license shall be made to the | 13 | | Department on
forms provided by it, which application shall set | 14 | | forth the name and
residence of the applicant, classification | 15 | | of license or licenses
requested, his place or proposed place | 16 | | of business, and the particular
method which he intends to | 17 | | employ in disposing of rendering material
and such other | 18 | | information as the
Department may require. The licenses shall | 19 | | be classified according to type
of plant operated. Renderer: | 20 | | Class "A"--dead animals only; Class "B"--parts
of bodies of | 21 | | animals, scrap, bones, fat, used cooking grease
and oils; Class | 22 | | "C"--poultry or parts of poultry and Class "D"--fish
or parts | 23 | | of fish; Blender: Class "E"; Collection Center: Class
"F"; | 24 | | Animal Collection Service: Class "G" ; grease and oil processor: | 25 | | Class "H" .
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| 1 | | (Source: P.A. 88-133.)
| 2 | | (225 ILCS 610/6) (from Ch. 8, par. 154)
| 3 | | Sec. 6.
On the receipt of the certification described in | 4 | | Section 5,
and the payment of the fee provided herein, the
| 5 | | Department shall issue a license to the applicant to conduct | 6 | | such business
at the place specified in the application for one | 7 | | calendar year or for
the portion of the calendar year remaining | 8 | | at the time the license is issued.
No license shall be issued | 9 | | for a plant not located
within the boundaries of the State of | 10 | | Illinois. No license issued under
this Section is transferable.
| 11 | | The following nonrefundable fees shall accompany each | 12 | | application for a
license.
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13 | | (1) For an original license of any |
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14 | | classification other than Class "F" ............... |
$150 |
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15 | | (2) For the annual renewal of a license |
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16 | | of any classification other than Class "F" ........ |
$150 |
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17 | | (3) For an original license for each |
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18 | | additional classification other than Class "F" .... |
$50 |
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19 | | (4) For the annual renewal of the
license of | 20 | | any additional classification |
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21 | | other than Class "F" .............................. |
$50 |
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22 | | (5) For an original Class "F" license ......... |
$25 |
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23 | | (6) For the annual renewal |
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24 | | of a Class "F" license ............................ |
$25 |
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25 | | (7) For an original Class "G" license ......... |
$25 |
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| 1 | | (8) For the annual renewal of a Class "G" | 2 | | license . |
$25 |
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3 | | (9) For an original Class "H" license ......... | $25 | |
4 | | (10) For the annual renewal of a Class "H" | 5 | | license . | $25 |
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6 | | (Source: P.A. 88-133 .)
| 7 | | (225 ILCS 610/9.1) (from Ch. 8, par. 157.1)
| 8 | | Sec. 9.1.
Except as otherwise provided in Section 14, no | 9 | | person shall
operate a vehicle used to transport rendering | 10 | | materials or used cooking grease or cooking oils in this State | 11 | | without
a vehicle permit issued by the Department or without | 12 | | complying with this
Act. Applications for vehicle permits shall | 13 | | be accepted only from licensed
renderers and grease and oil | 14 | | processors and shall include the name and address of the | 15 | | proposed permittee,
the location of
the place or intended place | 16 | | of the proposed permittee's business, the number
and types of | 17 | | vehicles to be used by the proposed permittee and such other
| 18 | | information as may be required by regulations of the | 19 | | Department. Owners
or operators of vehicles not owned by | 20 | | licensed renderers or grease and oil processors in this State | 21 | | shall
secure a permit through the licensed renderer , or | 22 | | renderers , or grease and oil processors to whom the
rendering
| 23 | | material or used cooking grease and cooking oil
will be | 24 | | delivered. The Department shall issue a Class 1 permit for the
| 25 | | transporting of dead animals, fish or poultry; a Class 2 permit |
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| 1 | | for
transporting
parts of bodies of animals, scrap, bones, fat, | 2 | | or used cooking grease and
oils; a Class 3 permit for | 3 | | transporting hides; and a Class 4 permit
for transporting | 4 | | bodies or parts of bodies of dead animals, poultry or fish to
a | 5 | | landfill as an animal collection service.
Permits issued
| 6 | | hereunder
shall be renewable annually during December of each | 7 | | year. All vehicle permits
not
renewed during December of each | 8 | | year shall expire on December 31 of that
year. A $10 fee shall | 9 | | accompany each application for a vehicle permit or
renewal | 10 | | thereof.
| 11 | | (Source: P.A. 88-133.)
| 12 | | (225 ILCS 610/9.2) (from Ch. 8, par. 157.2)
| 13 | | Sec. 9.2.
Each vehicle issued a Class 1 permit shall have | 14 | | the inscription
"Illinois Dead Animal Disposal Permit No. ...", | 15 | | as assigned; each truck
granted a Class 2 permit shall have the | 16 | | inscription "Illinois Scrap and
Grease Permit No. ...", as | 17 | | assigned; and each truck granted a Class 3 permit
shall have | 18 | | the inscription "Illinois Hide Permit No. ...", as assigned.
| 19 | | All of these inscriptions shall be painted in a conspicuous | 20 | | place in
contrasting
color on the left side of the bed of the | 21 | | vehicle in letters not less than
3 inches high. If the vehicle | 22 | | transporting the rendering material or used cooking grease and | 23 | | cooking oil or
conveying dead animals to a landfill is not
a | 24 | | van type truck, the vehicle bed, as well as any properly | 25 | | identified tanks
or barrels used for the transportation of |
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| 1 | | rendering material, or used cooking grease and cooking oil when | 2 | | loaded
or partially loaded, shall be covered when traveling | 3 | | highways of the State
of Illinois. Vehicle beds shall be | 4 | | leak-proof or constructed so that no
drippings or seepage can | 5 | | escape.
| 6 | | Collection vehicles containing rendering material or used | 7 | | cooking grease and cooking oil or used for
transporting dead | 8 | | animals, poultry, fish,
or parts of bodies thereof shall be | 9 | | thoroughly scrubbed and disinfected
after hauling each load, or | 10 | | before proceeding for another load. All vehicle
beds shall be | 11 | | painted as necessary, and kept in good condition and repair
at | 12 | | all times.
| 13 | | (Source: P.A. 88-133.)
| 14 | | (225 ILCS 610/9.3) (from Ch. 8, par. 157.3)
| 15 | | Sec. 9.3.
All permittees shall record each collection of | 16 | | rendering materials or used cooking grease and cooking oil ,
| 17 | | setting forth the date, quantity and description of rendering | 18 | | material or used cooking grease and cooking oil collected,
and | 19 | | the person to whom such material was delivered. The permittee | 20 | | shall
give a receipt to every person from whom the permittee | 21 | | collects rendering
materials or used cooking grease and cooking | 22 | | oil . The original of such records, and a copy of all receipts | 23 | | given
by the permittee for rendering material or used cooking | 24 | | grease and cooking oil shall be retained by the permittee
until | 25 | | the rendering materials or used cooking grease and cooking oil |
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| 1 | | are delivered to their destination. Thereafter,
the record and | 2 | | receipt shall be retained by the permittee for a minimum
of 3 | 3 | | months and shall be available for inspection by authorized | 4 | | personnel
of the Department.
| 5 | | (Source: P.A. 83-760.)
| 6 | | (225 ILCS 610/12) (from Ch. 8, par. 160)
| 7 | | Sec. 12.
The Department shall make such reasonable | 8 | | regulations for the
carrying on and conduct of such business as | 9 | | it may deem advisable and all
persons engaged in such business | 10 | | shall comply therewith.
The Department, or its | 11 | | representatives, in performing the duties vested
in it under | 12 | | this Act is empowered to enter, during usual working hours, any
| 13 | | premises, buildings, or other places where dead animals or used | 14 | | cooking grease and cooking oil may be found, for
the purpose of | 15 | | administering the provisions of this Act.
| 16 | | Licensees shall comply with rules, bulletins, manuals of | 17 | | procedure and
guidelines pertaining to renderers and blenders | 18 | | and the handling and
distribution of condemned or inedible meat | 19 | | or poultry products which
implement the federal Meat Inspection | 20 | | Act and the federal Poultry
Inspection Act. Such rules, | 21 | | bulletins, manuals and guidelines shall become
effective on the | 22 | | date designated by the United States Department of
Agriculture.
| 23 | | (Source: P.A. 86-231.)
| 24 | | (225 ILCS 610/18) (from Ch. 8, par. 166)
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| 1 | | Sec. 18.
The transportation of bodies or parts of bodies of | 2 | | dead animals,
poultry or fish, or used cooking greases and | 3 | | oils,
raw or unrendered, except green or salted hides, shall | 4 | | not be allowed into
other states except by reciprocal | 5 | | agreements with other states under
rules of the Department.
| 6 | | (Source: P.A. 87-157.)
| 7 | | Section 10. The Criminal Code of 2012 is amended by | 8 | | changing Section 48-7 as follows: | 9 | | (720 ILCS 5/48-7) | 10 | | Sec. 48-7. Feeding garbage to animals. | 11 | | (a) Definitions. As used in this Section: | 12 | | "Department" means the Department of Agriculture of | 13 | | the State of
Illinois. | 14 | | "Garbage" has the same meaning as in the federal Swine | 15 | | Health Protection Act (7 U.S.C. 3802) and also includes | 16 | | putrescible vegetable waste. "Garbage" does not include | 17 | | the contents of the bovine digestive tract means | 18 | | putrescible vegetable waste, animal, poultry, or fish
| 19 | | carcasses or parts thereof resulting from the handling, | 20 | | preparation,
cooking, or consumption of food, but does not | 21 | | include the contents of the
bovine digestive tract. | 22 | | "Garbage" also means the bodies or parts of bodies
of | 23 | | animals, poultry or fish . | 24 | | "Person" means any person, firm, partnership, |
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| 1 | | association, corporation,
or other legal entity, any | 2 | | public or private institution, the State, or any municipal | 3 | | corporation or political subdivision of the
State. | 4 | | (b) A person commits feeding garbage to animals when he or | 5 | | she feeds or permits the feeding of garbage to swine or any
| 6 | | animals or poultry on any farm or any other premises where | 7 | | swine are kept. | 8 | | (c) Establishments licensed under the Illinois Dead Animal | 9 | | Disposal
Act or under similar laws in other states are exempt | 10 | | from the provisions of this Section. | 11 | | (d) Nothing in this Section shall be construed to apply to | 12 | | any person who
feeds garbage produced in his or her own | 13 | | household to animals or poultry kept on
the premises where he | 14 | | or she resides except this garbage if fed to swine shall not
| 15 | | contain particles of meat. | 16 | | (e) Sentence. Feeding garbage to animals is a Class B | 17 | | misdemeanor, and for the first
offense shall be fined not less | 18 | | than $100 nor more than $500 and for a
second or subsequent | 19 | | offense shall be fined not less than $200 nor more
than $500 or | 20 | | imprisoned in a penal institution other than the penitentiary
| 21 | | for not more than 6 months, or both. | 22 | | (f) A person violating this Section may be enjoined by the | 23 | | Department from
continuing the violation. | 24 | | (g) The Department may make reasonable inspections | 25 | | necessary for the
enforcement of this Section, and is | 26 | | authorized to enforce, and administer the
provisions of this |
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| 1 | | Section.
| 2 | | (Source: P.A. 97-1108, eff. 1-1-13.)".
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