Illinois General Assembly - Full Text of HB4812
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Full Text of HB4812  96th General Assembly



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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 7. The Illinois Horse Meat Act is amended by adding
5 Section 13.1 as follows:
6     (225 ILCS 635/13.1 new)
7     Sec. 13.1. Exclusions from the Act. Horse meat labeled as
8 such in hermetically sealed containers and registered under the
9 Illinois Commercial Feed Act of 1961 is excluded from the
10 provisions of this Act. Horse meat prepared in federally
11 inspected plants located in the State of Illinois, for sale
12 outside of the State of Illinois, is excluded from the
13 provisions of this Act.
14     (225 ILCS 635/1.5 rep.)
15     Section 10. The Illinois Horse Meat Act is amended by
16 repealing Section 1.5.
17     Section 15. The Animals Intended for Food Act is amended by
18 changing 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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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.



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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



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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.



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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



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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.



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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