Bill Text: IL HB4505 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Illinois Dead Animal Disposal Act. Defines "grease and oil collector" and "grease and oil processor". Provides that a grease and oil processor license is a Class "H" license and that an application for an original Class "H" license and for the annual renewal of a Class "H" license shall be accompanied by a fee. Further provides that no person shall operate a vehicle used to transport used cooking grease or oil without a vehicle permit issued by the Department of Agriculture of the State of Illinois. Requires owners or operators of vehicles not owned by grease and oil processors to secure a permit through the licensed grease and oil processor to whom the used cooking grease and oil will be delivered. Requires that all permittees record each collection of used cooking grease and oil, give a receipt to every person from whom the permittee collects used cooking grease and oil, and that the permittee retain a copy of all such receipts until the used cooking grease and oil is delivered to its destination. Gives the Department authority to regulate the collection and processing of used cooking grease and oil. Removes a provision prohibiting the transportation of used cooking grease and oil into another state without a reciprocal agreement with the other state. Make other changes.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2014-07-25 - Public Act . . . . . . . . . 98-0785 [HB4505 Detail]
Download: Illinois-2013-HB4505-Chaptered.html
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Public Act 098-0785 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Dead Animal Disposal Act is amended | ||||
by changing Sections 1.1, 4, 6, 9.1, 9.2, 9.3, 12, and 18 as | ||||
follows:
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(225 ILCS 610/1.1) (from Ch. 8, par. 149.1)
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Sec. 1.1. As used in this Act, unless the context otherwise | ||||
requires:
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(a) "Department" means the Department of Agriculture of the | ||||
State of
Illinois.
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(b) "Person" means any individual, firm, partnership,
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association, corporation or other business entity.
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(c) "Renderer" means any person who, for other than human | ||||
consumption,
collects, cooks and processes bodies or parts of | ||||
bodies of dead animals,
poultry or fish, or used cooking grease | ||||
and oils, for the purpose of
salvaging hides, wool, skins or | ||||
feathers, and
for the production of animal, poultry, or fish | ||||
protein, blood meal,
bone meal, grease or tallow.
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(d) "Blender" means any person who acquires inedible | ||||
by-products of
bodies or parts of bodies of dead animals, | ||||
poultry or fish, or used
cooking grease and oils, for the | ||||
purpose of
blending them to obtain a desired percentage of |
protein, degree of quality
or color for use in animal feed, | ||
poultry feed or fertilizers.
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(e) "Collection center" means any place where bodies or | ||
parts of bodies
of dead animals, poultry or fish, or used | ||
cooking grease and cooking oils, are collected
for loading into | ||
a permitted vehicle for delivery to the renderer.
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(f) "Permittee" means any person issued a vehicle permit | ||
under the
provisions
of this Act.
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(g) "Licensee" means any person licensed under the | ||
provisions of this Act.
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(h) "Rendering materials" means bodies or parts of bodies | ||
of dead animals,
poultry or fish, or used cooking grease and | ||
oils.
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(i) "Animal collection service" means a company that | ||
conveys dead animals
to a landfill facility licensed under the | ||
Environmental Protection Act when no
rendering service is | ||
available.
Waste haulers collecting waste in which a dead | ||
animal is included incidental
to such waste shall not be | ||
considered an "animal collection service"
activity.
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(j) "Grease and oil collector" means any person who | ||
collects for reuse or recycling used cooking grease and cooking | ||
oils in a permitted vehicle for delivery to a grease and | ||
cooking oil processor for purposes other than rendering or | ||
blending. | ||
(k) "Grease and oil processor" means any person who stores, | ||
filters, processes, or distributes for reuse or recycling used |
cooking grease and cooking oils for uses other than rendering | ||
or blending. | ||
(Source: P.A. 88-133.)
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(225 ILCS 610/4) (from Ch. 8, par. 152)
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Sec. 4.
Application for such license shall be made to the | ||
Department on
forms provided by it, which application shall set | ||
forth the name and
residence of the applicant, classification | ||
of license or licenses
requested, his place or proposed place | ||
of business, and the particular
method which he intends to | ||
employ in disposing of rendering material
and such other | ||
information as the
Department may require. The licenses shall | ||
be classified according to type
of plant operated. Renderer: | ||
Class "A"--dead animals only; Class "B"--parts
of bodies of | ||
animals, scrap, bones, fat, used cooking grease
and oils; Class | ||
"C"--poultry or parts of poultry and Class "D"--fish
or parts | ||
of fish; Blender: Class "E"; Collection Center: Class
"F"; | ||
Animal Collection Service: Class "G" ; grease and oil processor: | ||
Class "H" .
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(Source: P.A. 88-133.)
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(225 ILCS 610/6) (from Ch. 8, par. 154)
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Sec. 6.
On the receipt of the certification described in | ||
Section 5,
and the payment of the fee provided herein, the
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Department shall issue a license to the applicant to conduct | ||
such business
at the place specified in the application for one |
calendar year or for
the portion of the calendar year remaining | |||||||||||||||||||||||||||||||||||||
at the time the license is issued.
No license shall be issued | |||||||||||||||||||||||||||||||||||||
for a plant not located
within the boundaries of the State of | |||||||||||||||||||||||||||||||||||||
Illinois. No license issued under
this Section is transferable.
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The following nonrefundable fees shall accompany each | |||||||||||||||||||||||||||||||||||||
application for a
license.
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(Source: P.A. 88-133 .)
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(225 ILCS 610/9.1) (from Ch. 8, par. 157.1)
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Sec. 9.1.
Except as otherwise provided in Section 14, no | ||
person shall
operate a vehicle used to transport rendering | ||
materials or used cooking grease or cooking oils in this State | ||
without
a vehicle permit issued by the Department or without | ||
complying with this
Act. Applications for vehicle permits shall | ||
be accepted only from licensed
renderers and grease and oil | ||
processors and shall include the name and address of the | ||
proposed permittee,
the location of
the place or intended place | ||
of the proposed permittee's business, the number
and types of | ||
vehicles to be used by the proposed permittee and such other
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information as may be required by regulations of the | ||
Department. Owners
or operators of vehicles not owned by | ||
licensed renderers or grease and oil processors in this State | ||
shall
secure a permit through the licensed renderer , or | ||
renderers , or grease and oil processors to whom the
rendering
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material or used cooking grease and cooking oil
will be | ||
delivered. The Department shall issue a Class 1 permit for the
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transporting of dead animals, fish or poultry; a Class 2 permit | ||
for
transporting
parts of bodies of animals, scrap, bones, fat, | ||
or used cooking grease and
oils; a Class 3 permit for | ||
transporting hides; and a Class 4 permit
for transporting | ||
bodies or parts of bodies of dead animals, poultry or fish to
a | ||
landfill as an animal collection service.
Permits issued
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hereunder
shall be renewable annually during December of each | ||
year. All vehicle permits
not
renewed during December of each |
year shall expire on December 31 of that
year. A $10 fee shall | ||
accompany each application for a vehicle permit or
renewal | ||
thereof.
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(Source: P.A. 88-133.)
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(225 ILCS 610/9.2) (from Ch. 8, par. 157.2)
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Sec. 9.2.
Each vehicle issued a Class 1 permit shall have | ||
the inscription
"Illinois Dead Animal Disposal Permit No. ...", | ||
as assigned; each truck
granted a Class 2 permit shall have the | ||
inscription "Illinois Scrap and
Grease Permit No. ...", as | ||
assigned; and each truck granted a Class 3 permit
shall have | ||
the inscription "Illinois Hide Permit No. ...", as assigned.
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All of these inscriptions shall be painted in a conspicuous | ||
place in
contrasting
color on the left side of the bed of the | ||
vehicle in letters not less than
3 inches high. If the vehicle | ||
transporting the rendering material or used cooking grease and | ||
cooking oil or
conveying dead animals to a landfill is not
a | ||
van type truck, the vehicle bed, as well as any properly | ||
identified tanks
or barrels used for the transportation of | ||
rendering material, or used cooking grease and cooking oil when | ||
loaded
or partially loaded, shall be covered when traveling | ||
highways of the State
of Illinois. Vehicle beds shall be | ||
leak-proof or constructed so that no
drippings or seepage can | ||
escape.
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Collection vehicles containing rendering material or used | ||
cooking grease and cooking oil or used for
transporting dead |
animals, poultry, fish,
or parts of bodies thereof shall be | ||
thoroughly scrubbed and disinfected
after hauling each load, or | ||
before proceeding for another load. All vehicle
beds shall be | ||
painted as necessary, and kept in good condition and repair
at | ||
all times.
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(Source: P.A. 88-133.)
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(225 ILCS 610/9.3) (from Ch. 8, par. 157.3)
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Sec. 9.3.
All permittees shall record each collection of | ||
rendering materials or used cooking grease and cooking oil ,
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setting forth the date, quantity and description of rendering | ||
material or used cooking grease and cooking oil collected,
and | ||
the person to whom such material was delivered. The permittee | ||
shall
give a receipt to every person from whom the permittee | ||
collects rendering
materials or used cooking grease and cooking | ||
oil . The original of such records, and a copy of all receipts | ||
given
by the permittee for rendering material or used cooking | ||
grease and cooking oil shall be retained by the permittee
until | ||
the rendering materials or used cooking grease and cooking oil | ||
are delivered to their destination. Thereafter,
the record and | ||
receipt shall be retained by the permittee for a minimum
of 3 | ||
months and shall be available for inspection by authorized | ||
personnel
of the Department.
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(Source: P.A. 83-760.)
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(225 ILCS 610/12) (from Ch. 8, par. 160)
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Sec. 12.
The Department shall make such reasonable | ||
regulations for the
carrying on and conduct of such business as | ||
it may deem advisable and all
persons engaged in such business | ||
shall comply therewith.
The Department, or its | ||
representatives, in performing the duties vested
in it under | ||
this Act is empowered to enter, during usual working hours, any
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premises, buildings, or other places where dead animals or used | ||
cooking grease and cooking oil may be found, for
the purpose of | ||
administering the provisions of this Act.
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Licensees shall comply with rules, bulletins, manuals of | ||
procedure and
guidelines pertaining to renderers and blenders | ||
and the handling and
distribution of condemned or inedible meat | ||
or poultry products which
implement the federal Meat Inspection | ||
Act and the federal Poultry
Inspection Act. Such rules, | ||
bulletins, manuals and guidelines shall become
effective on the | ||
date designated by the United States Department of
Agriculture.
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(Source: P.A. 86-231.)
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(225 ILCS 610/18) (from Ch. 8, par. 166)
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Sec. 18.
The transportation of bodies or parts of bodies of | ||
dead animals,
poultry or fish, or used cooking greases and | ||
oils,
raw or unrendered, except green or salted hides, shall | ||
not be allowed into
other states except by reciprocal | ||
agreements with other states under
rules of the Department.
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(Source: P.A. 87-157.)
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Section 10. The Criminal Code of 2012 is amended by | ||
changing Section 48-7 as follows:
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(720 ILCS 5/48-7) | ||
Sec. 48-7. Feeding garbage to animals. | ||
(a) Definitions. As used in this Section: | ||
"Department" means the Department of Agriculture of | ||
the State of
Illinois. | ||
"Garbage" has the same meaning as in the federal Swine | ||
Health Protection Act (7 U.S.C. 3802) and also includes | ||
putrescible vegetable waste. "Garbage" does not include | ||
the contents of the bovine digestive tract means | ||
putrescible vegetable waste, animal, poultry, or fish
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carcasses or parts thereof resulting from the handling, | ||
preparation,
cooking, or consumption of food, but does not | ||
include the contents of the
bovine digestive tract. | ||
"Garbage" also means the bodies or parts of bodies
of | ||
animals, poultry or fish . | ||
"Person" means any person, firm, partnership, | ||
association, corporation,
or other legal entity, any | ||
public or private institution, the State, or any municipal | ||
corporation or political subdivision of the
State. | ||
(b) A person commits feeding garbage to animals when he or | ||
she feeds or permits the feeding of garbage to swine or any
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animals or poultry on any farm or any other premises where | ||
swine are kept. |
(c) Establishments licensed under the Illinois Dead Animal | ||
Disposal
Act or under similar laws in other states are exempt | ||
from the provisions of this Section. | ||
(d) Nothing in this Section shall be construed to apply to | ||
any person who
feeds garbage produced in his or her own | ||
household to animals or poultry kept on
the premises where he | ||
or she resides except this garbage if fed to swine shall not
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contain particles of meat. | ||
(e) Sentence. Feeding garbage to animals is a Class B | ||
misdemeanor, and for the first
offense shall be fined not less | ||
than $100 nor more than $500 and for a
second or subsequent | ||
offense shall be fined not less than $200 nor more
than $500 or | ||
imprisoned in a penal institution other than the penitentiary
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for not more than 6 months, or both. | ||
(f) A person violating this Section may be enjoined by the | ||
Department from
continuing the violation. | ||
(g) The Department may make reasonable inspections | ||
necessary for the
enforcement of this Section, and is | ||
authorized to enforce, and administer the
provisions of this | ||
Section.
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