2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 635/ - Illinois Horse Meat Act.

(225 ILCS 635/1) (from Ch. 56 1/2, par. 240)
Sec. 1. 
		
		In this Act, unless the context or subject matter otherwise
requires:
(1) "Horse Meat" means the flesh of any animal of the equine family.
(2) "Slaughterer" means any person engaged in killing animals of the
equine family where the carcasses are butchered for any purpose other than
that of manufacturing tankage.
(3) "Wholesale Distributor" means any person not licensed as a
slaughterer who is engaged in the business of securing horse meat from a
slaughterer, distributor or any other person and distributing it to any
retailer, stock or pet ranch, or place where food is served for consumption
on the premises.
(4) "Package" means any closed and sealed container which is sold as an
unopened unit to the purchaser.
(5) "Bulk meat" means whole carcass, half carcass or quarter carcass.
(6) "Director" means the Director of Agriculture.
(7) "Department" means the Department of Agriculture.
(8) "Processor" means an establishment in which carcasses, parts of
carcasses, meat or meat-by-products derived from any animal of the equine
family are wholly or in part canned, packed or otherwise processed or
prepared for sale.
(9) "Breeder and Raiser of Fur Bearing Animals" means and includes any
person who is actively engaged in breeding and raising fur bearing animals
who kills and butchers animals of the equine family for feed for such fur
bearing animals and does not sell or distribute any part of meat therefrom
except in ground form, in which the meat and bones have been ground
together, and then only to other persons who also are engaged in the
breeding and raising of fur bearing animals.
(Source: Laws 1955, p. 388.)
(225 ILCS 635/1.5)
Sec. 1.5. Slaughter for human consumption unlawful.
(a) Notwithstanding any other provision of law, it is unlawful for any person to slaughter a horse if that person knows or should know that any of the horse meat will be used for human consumption.
(b) Notwithstanding any other provision of law, it is unlawful for any person to possess, to import into or export from this State, or to sell, buy, give away, hold, or accept any horse meat if that person knows or should know that the horse meat will be used for human consumption.
(c) Any person who knowingly violates any of the provisions of this Section is guilty of a Class C misdemeanor.
(d)  This Section shall not apply to:
(1) Any commonly accepted noncommercial,     recreational, or sporting activity.
(2) Any existing laws which relate to horse taxes or     zoning.
(3) The processing of food producing animals other     than those of the equine genus.
(Source: P.A. 95-2, eff. 5-24-07.)
(225 ILCS 635/2) (from Ch. 56 1/2, par. 241)
Sec. 2. 
		
		No person shall engage in business as slaughterer, processor,
breeder and raiser, or wholesale distributor without a license secured from
the Department. The form for the application shall be specified by the
director. The form shall indicate whether or not the applicant for a
license is a corporation in which case a listing shall be made of all
holders of more than 5% of the stock of the corporation. The Secretary of
the corporation shall immediately notify the Director of any changes in the
listing of the stockholders holding more than 5% of the stock of the
corporation.
(Source: Laws 1955, p. 388.)
(225 ILCS 635/2.1) (from Ch. 56 1/2, par. 241.1)
Sec. 2.1. 
		
		No carcass or part of a carcass of a horse, donkey, mule or other
animal of the genus equus shall be transported into or slaughtered in the
State of Illinois, or held, kept, sold, offered for sale or given away
unless it shall be ground, chopped or comminuted so that no piece shall be
greater than 3/4 of an inch in any dimension and unless the mass shall be
denatured by thoroughly and evenly mixing therein
ground bone in an
amount sufficient to be felt and determined by feel when rolled between the
fingers; or not less than 1% by weight of No. 10 to No. 14 U.S. standard
mesh granular charcoal; or by coloring with a harmless coloring matter,
other than red; or in any other manner approved by the Department of
Agriculture of the State of Illinois. Nothing in this Act prohibits the
sale or transportation of bulk meat to a licensed processor if it is
denatured as provided above. This Act does not prohibit
the sale or
transportation of undenatured bulk horse meat
to a licensed processor
under a permit granted by the Director upon evidence satisfactory to the
Director that such bulk horse meat will not be resold or again transported
contrary to the provisions of this Act. Nothing in this Section shall apply
to horse meat labeled as such in hermetically sealed containers and horse
meat in frozen packages of one pound or less, clearly labeled "horse meat",
bearing the federal inspection legend and packed in a federally inspected
packing plant.
(Source: P.A. 83-760.)
(225 ILCS 635/3) (from Ch. 56 1/2, par. 242)
Sec. 3. 
		
		Each person engaged in business as a slaughterer, processor,
breeder and raiser, or wholesale distributor shall pay an annual license of
$50 for each location, except a breeder and raiser of fur bearing animals
who slaughters for his own use shall pay an annual license fee of $10 for
each location.
However any city, village, incorporated town, park district or other
municipal corporation which maintains a zoo shall be granted a license as a
slaughterer, processor or breeder and raiser without payment of any annual
license fee upon compliance with the requirements of this Act, but such a
licensee shall not use horse meat except as food for its zoo animals.
(Source: Laws 1957, p. 192.)
(225 ILCS 635/3.1) (from Ch. 56 1/2, par. 242.1)
Sec. 3.1. 
		
		Upon receipt of an application for a license, the Director of the  Department shall cause the said applicant, his premises and facilities to
be inspected by authorized inspectors of the Department for purposes of
sanitation, proper facilities and the character of the firm, person,
corporation or its officers filing such application. If, upon completion of
the above inspection, the applicant or his facilities are found not to be
in compliance with the provisions of this Act, the Director may deny or
refuse to renew the license.
(Source: Laws 1953, p. 1208.)
(225 ILCS 635/3.2) (from Ch. 56 1/2, par. 242.2)
Sec. 3.2. The following persons are ineligible for licenses:
a.  A person who is not a resident of the city,     village or county in which the premises covered by the license are located; except in case of railroad or boat licenses.
b.  A person who is not of good character and     reputation in the community in which he resides.
c. (Blank).
d.  A person with a prior conviction of a felony or a     misdemeanor that is directly related to the practice of the profession where such conviction will impair the person's ability to engage in the licensed position.
e.  (Blank).
f. A person whose license issued under this Act has     been revoked for cause.
g. A person who at the time of application for     renewal of any license issued hereunder would not be eligible for such license upon a first application.
h. A co-partnership, unless all of the members of     such co-partnership shall be qualified to obtain a license.
i. A corporation, if any officer, manager or director     thereof or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision.
j. A person whose place of business is conducted by a     manager or agent unless said manager or agent possesses the same qualifications required of the licensee.
(Source: P.A. 100-286, eff. 1-1-18; 101-541, eff. 8-23-19.)
(225 ILCS 635/3.3)
Sec. 3.3. Applicant convictions.
(a) The Department shall not require applicants to report the following information and shall not consider the following criminal history records in connection with an application for a license under this Act:
(1) Juvenile adjudications of delinquent minors as     defined in Section 5-105 of the Juvenile Court Act of 1987, subject to the restrictions set forth in Section 5-130 of the Juvenile Court Act of 1987.
(2) Law enforcement records, court records, and     conviction records of an individual who was 17 years old at the time of the offense and before January 1, 2014, unless the nature of the offense required the individual to be tried as an adult.
(3) Records of arrest not followed by a conviction.
(4) Convictions overturned by a higher court.
(5) Convictions or arrests that have been sealed or     expunged.
(b) No application for any license under this Act shall be denied by reason of a finding of lack of moral character when the finding is based upon the fact that the applicant has previously been convicted of one or more criminal offenses.
(c)  The Department, upon a finding that an applicant for a license was previously convicted of any felony or a misdemeanor directly related to the practice of the profession, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
(1) the lack of direct relation of the offense for     which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;
(2) whether 5 years since a felony conviction or 3     years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;
(3) if the applicant was previously licensed or     employed in this State or other states or jurisdictions, then the lack of prior misconduct arising from or related to the licensed position or position of employment;
(4) the age of the person at the time of the criminal     offense;
(5) successful completion of sentence and, for     applicants serving a term of parole or probation, a progress report provided by the applicant's probation or parole officer that documents the applicant's compliance with conditions of supervision;
(6) evidence of the applicant's present fitness and     professional character;
(7) evidence of rehabilitation or rehabilitative     effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and
(8) any other mitigating factors that contribute to     the person's potential and current ability to perform the duties and responsibilities of the position for which a license or employment is sought.
(d) If the Department refuses to issue a license to an applicant, then the applicant shall be notified of the denial in writing with the following included in the notice of denial:
(1) a statement about the decision to refuse to issue     a license;
(2) a list of the convictions that the Department     determined will impair the applicant's ability to engage in the position for which a license  is sought;
(3) a list of convictions that formed the sole or     partial basis for the refusal to issue a license; and
(4) a summary of the appeal process or the earliest     the applicant may reapply for a license, whichever is applicable.
(e) No later than May 1 of each year, the Department must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
(1) the number of applicants for a new or renewal     license under this Act within the previous calendar year;
(2) the number of applicants for a new or renewal     license under this Act within the previous calendar year who had any criminal conviction;
(3) the number of applicants for a new or renewal     license under this Act in the previous calendar year who were granted a license;
(4) the number of applicants for a new or renewal     license with a criminal conviction who were granted a license under this Act within the previous calendar year;
(5) the number of applicants for a new or renewal     license under this Act within the previous calendar year who were denied a license; and
(6) the number of applicants for a new or renewal     license with a criminal conviction who were denied a license under this Act in the previous calendar year in whole or in part because of a prior conviction.
(Source: P.A. 100-286, eff. 1-1-18.)
(225 ILCS 635/4) (from Ch. 56 1/2, par. 243)
Sec. 4. 
		
		Each person engaged in business as a slaughterer or wholesale
distributor and operating from any vehicle, unless the vehicle is operated
as a part of a licensed establishment having a fixed location, shall pay an
annual fee of $25 for each vehicle.
(Source: Laws 1951, p. 1498.)
(225 ILCS 635/5) (from Ch. 56 1/2, par. 244)
Sec. 5. 
		
		Each applicant for a license and each licensee shall operate its
business in a sanitary manner and be subject to inspection by authorized
agents of the Department. Each person engaged in business as a slaughterer,
processor, breeder and raiser, or wholesale distributor, except a breeder
and raiser of fur bearing animals who slaughters for his own use, shall
operate his business in accordance with the Sanitary Inspection Law of the
Department of Agriculture. For any violation thereof, the Department may
revoke the license of a licensee herein or deny the license of an applicant
who fails to comply with the provisions thereof, subject in either case to
a hearing as provided in Section 40 of "An Act to prevent fraud in the sale
of dairy products, their imitation or substitutes, to prohibit and prevent
the manufacture and sale of unhealthful, adulterated or misbranded food,
liquors or dairy products, and to repeal all acts relating to the
production, manufacture and sale of dairy and food products and liquors in
conflict herewith", approved May 14, 1907, as amended.
(Source: Laws 1953, p. 1208.)
(225 ILCS 635/6) (from Ch. 56 1/2, par. 245)
Sec. 6. 
		
		Each person engaged in business as a slaughterer or wholesale
distributor who uses vehicles to distribute horse meat shall mark plainly
on both sides of the vehicle the person's name, address and license number.
(Source: Laws 1951, p. 1498.)
(225 ILCS 635/7) (from Ch. 56 1/2, par. 246)
Sec. 7. 
		
		Any vehicle operating independently in distributing horse meat
shall be marked plainly on both sides with the name of the operator and his
license number.
(Source: Laws 1951, p. 1498.)
(225 ILCS 635/8) (from Ch. 56 1/2, par. 247)
Sec. 8. 
		
		Nothing in this Act shall be construed as requiring any person to
secure a license for any vehicle which is operating as a common carrier.
(Source: Laws 1951, p. 1498.)
(225 ILCS 635/9) (from Ch. 56 1/2, par. 248)
Sec. 9. 
		
		No distributor of horse meat shall have in his possession horse
meat ready for distribution unless each package is plainly labeled or
tagged with the words "Horse Meat" or, if the meat is that of some member
or members of the equine family other than the horse or is a mixture of
meats, then with a label designating the specific species from which such
meat was derived.
(Source: Laws 1955, p. 388.)
(225 ILCS 635/10) (from Ch. 56 1/2, par. 249)
Sec. 10. 
		
		No slaughterer shall have any package of horse meat ready for
distribution in its possession unless such package is plainly labeled as is
provided by Section 9 of this Act. The possession or control of any horse
meat which violates any of the provisions of this Act shall be held to be
prima facie evidence that such possession or control is or was with intent
to sell or use such horse meat in violation of this Act. Whoever shall have
possession or control with intent to sell any horse meat which violates any
of the provisions of this Act shall be held to have known the true
character, quality and name of such horse meat.
(Source: Laws 1955, p. 388.)
(225 ILCS 635/11) (from Ch. 56 1/2, par. 250)
Sec. 11. 
		
		No retailer, stock or pet ranch, or place where food is served for
consumption on the premises shall have in his or its possession any package
of horse meat ready for distribution which is not plainly labeled as
provided in section 9 of this Act.
(Source: Laws 1955, p. 388.)
(225 ILCS 635/12) (from Ch. 56 1/2, par. 251)
Sec. 12. 
		
		No person shall, with intent to mislead or deceive, deface, erase
or remove any label or mark required by any provision of this Act.
(Source: Laws 1951, p. 1498.)
(225 ILCS 635/13) (from Ch. 56 1/2, par. 252)
Sec. 13. 
		
		No person shall sell horse meat or mixture of horse meat and the
meat of any other animal unless the package is plainly labeled as provided
in section 9 of this Act.
(Source: Laws 1955, p. 388.)
(225 ILCS 635/14)
Sec. 14. (Repealed).
(Source: Laws 1967, p. 3891. Repealed by P.A. 95-2, eff. 5-24-07.)
(225 ILCS 635/14.1) (from Ch. 56 1/2, par. 253.1)
Sec. 14.1. 
		The Department of Agriculture shall make and enforce reasonable  rules and regulations necessary to carry out the provisions of this Act.
(Source: Laws 1953, p. 1208.)
(225 ILCS 635/15) (from Ch. 56 1/2, par. 254)
Sec. 15. 
		
		For the violation of any of the provisions of this Act or the
rules and regulations made by the Department pursuant to this Act, the
Department shall have the authority to revoke any license, subject to a
hearing as is provided for under "The Illinois Administrative Procedure
Act", approved September 22, 1975, as amended.
(Source: P.A. 83-333.)
(225 ILCS 635/16) (from Ch. 56 1/2, par. 255)
Sec. 16. 
		
		
		Whoever violates any provision of this Act shall be guilty of a Class A
misdemeanor.
(Source: P.A. 77-2508.)
(225 ILCS 635/17) (from Ch. 56 1/2, par. 256)
Sec. 17. 
		
		All final administrative decisions of the Department hereunder are
subject to judicial review pursuant to the provisions of the Administrative
Review Law, and all amendments and
modifications thereof and all rules and regulations adapted pursuant
thereto. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
(225 ILCS 635/18) (from Ch. 56 1/2, par. 257)
Sec. 18. 
		Short Title. 
		This Act shall be known and may be cited as the
Illinois Horse Meat Act.
(Source: P.A. 83-760.)