Bill Text: IL HB0583 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Illinois Horse Meat Act. Restores language that exempted certain types of horse meat from regulation under the Act. Repeals a provision that prohibits the slaughter of horses for human consumption. Amends the Animals Intended for Food Act. Expands the definition of "animal" to include "horses, mules, or other equidae". Amends the Illinois Equine Infectious Anemia Control Act. Allows equidae more than 12 months of age to enter the State for immediate slaughter without a certificate of veterinary inspection. Requires equidae entering the State for immediate slaughter to be accompanied by a consignment direct to slaughter at an approved equine slaughtering establishment. Amends the Humane Care for Animals Act. Creates an exemption from the general prohibition against selling, offering to sell, leading, riding, transporting, or driving on any public way any equidae that, because of debility, disease, lameness or any other cause, could not be worked in this State. Deletes a provision that prohibited injured equidae from being sent directly to a slaughter facility. Amends the Humane Slaughter of Livestock Act. Deletes a provision in the definition of the term "livestock" that excludes "horses, mules, or other equidae to be used in and for the preparation of meat or meat products for consumption by human beings". Imposes conditions on any rulemaking authority. Effective immediately.

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB0583 Detail]

Download: Illinois-2009-HB0583-Engrossed.html

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AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.719 as follows:
(30 ILCS 105/5.719 new)
Sec. 5.719. The Equine Rescue Assistance Fund.
Section 7. The Illinois Horse Meat Act is amended by adding
Sections 13.1 and 13.3 as follows:
(225 ILCS 635/13.1 new)
Sec. 13.1. Exclusions from the Act. Horse meat labeled as
such in hermetically sealed containers and registered under the
Illinois Commercial Feed Act of 1961 is excluded from the
provisions of this Act. Horse meat prepared in federally
inspected plants located in the State of Illinois, for sale
outside of the State of Illinois, is excluded from the
provisions of this Act.
(225 ILCS 635/13.3 new)
Sec. 13.3. Equine Rescue Assistance Fund and Program.
(a) The Equine Rescue Assistance Fund is created as a

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special fund in the State Treasury. The Fund may accept fees,
gifts, grants, donations, and federal or State appropriations,
for use by the Department in making grants to qualified equine
rescue organizations through the Equine Rescue Assistance
Program.
(b) Federally inspected facilities that produce horse meat
that is exempt from this Act's requirements because of Section
13.1 shall collect a fee of $25 for every horse slaughtered.
These facilities shall remit these fees to the Department on a
quarterly basis, and the Department shall deposit remitted fees
into the Equine Rescue Assistance Fund.
(c) The Department shall create and administer an Equine
Rescue Assistance Program. Subject to appropriation from the
Fund, the Department shall make grants to qualified equine
rescue organizations for the expansion of equine rescue
facilities and for the care and maintenance of rescued horses.
(225 ILCS 635/1.5 rep.)
Section 10. The Illinois Horse Meat Act is amended by
repealing Section 1.5.
Section 15. The Animals Intended for Food Act is amended by
changing Section 2.1 as follows:
(410 ILCS 605/2.1) (from Ch. 8, par. 107.1)
Sec. 2.1. When in the interest of the general public and in

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

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Rulemaking authority to implement this amendatory Act of
the 96th General Assembly, if any, is conditioned on the rules
being adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of
the Joint Committee on Administrative Rules; any purported rule
not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 95-2, eff. 5-24-07.)
Section 20. 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 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 shall be accompanied by a consignment
direct to slaughter at an approved equine slaughtering
establishment.
Rulemaking authority to implement this amendatory Act of
the 96th General Assembly, if any, is conditioned on the rules
being adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of

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the Joint Committee on Administrative Rules; any purported rule
not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 95-2, eff. 5-24-07.)
Section 25. 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, unless the equidae are being sold,
transported, or housed with the intent that it will be moved in
an expeditious and humane manner to an approved slaughtering
establishment. Such equidae may be conveyed to a proper place
for medical or surgical treatment, or for humane keeping or
euthanasia, or for slaughter 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.
Rulemaking authority to implement this amendatory Act of
the 96th General Assembly, if any, is conditioned on the rules
being adopted in accordance with all provisions of the Illinois

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Administrative Procedure Act and all rules and procedures of
the Joint Committee on Administrative Rules; any purported rule
not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 95-2, eff. 5-24-07.)
(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 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

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continues constituting a separate offense.
(f) Rulemaking authority to implement this amendatory Act
of the 96th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 95-2, eff. 5-24-07.)
Section 30. The Humane Slaughter of Livestock Act is
amended by changing Section 2 as follows:
(510 ILCS 75/2) (from Ch. 8, par. 229.52)
Sec. 2. As used in this Act:
(1) "Director" means the Director of the Department of
Agriculture of the State of Illinois.
(2) "Person" means any individual, partnership,
corporation, or association doing business in this State,
in whole or in part.
(3) "Slaughterer" means any person regularly engaged
in the commercial slaughtering of livestock.
(4) "Livestock" means cattle, calves, sheep, swine,
horses, mules, goats, and any other animal which can or may
be used in and for the preparation of meat or meat products
for consumption by human beings or animals. "Livestock",

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however, does not include horses, mules, or other equidae
to be used in and for the preparation of meat or meat
products for consumption by human beings, which is
prohibited under Section 1.5 of the Illinois Horse Meat
Act.
(5) "Packer" means any person engaged in the business
of slaughtering or manufacturing or otherwise preparing
meat or meat products for sale, either by such person or
others; or of manufacturing or preparing livestock
products for sale by such person or others.
(6) "Humane method" means either (a) a method whereby
the animal is rendered insensible to pain by gunshot or by
mechanical, electrical, chemical or other means that is
rapid and effective, before being shackled, hoisted,
thrown, cast or cut; or (b) a method in accordance with
ritual requirements of the Jewish faith or any other
religious faith whereby the animal suffers loss of
consciousness by anemia of the brain caused by the
simultaneous and instantaneous severance of the carotid
arteries with a sharp instrument.
Rulemaking authority to implement this amendatory Act of
the 96th General Assembly, if any, is conditioned on the rules
being adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of
the Joint Committee on Administrative Rules; any purported rule
not so adopted, for whatever reason, is unauthorized.

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(Source: P.A. 95-2, eff. 5-24-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.