2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 225 ILCS 610/ - Animal Mortality Act.

(225 ILCS 610/1.1) (from Ch. 8, par. 149.1)
Sec. 1.1. As used in this Act, unless the context otherwise requires:
(a) "Department" means the Department of Agriculture of the State of
Illinois.
(b) "Person" means any individual, firm, partnership,
association, corporation or other business entity.
(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.
(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.
(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.
(f) "Permittee" means any person issued a vehicle permit under the
provisions
of this Act.
(g) "Licensee" means any person licensed under the provisions of this Act.
(h) "Rendering materials" means bodies or parts of bodies of dead animals,
poultry or fish, or used cooking grease and oils.
(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.
(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.
(l) "Mass animal mortality event" means an event, as declared by the Director, in which large numbers of animals of a single or multiple species die or are at an increased risk of mortality due to disease, natural disaster, or any other non-disease related event, including, but not limited to, market disruption or ventilation failure.
(m) "Director" means the Director of Agriculture.
(n) "Dead animal" means the carcass or tissue from a deceased domesticated animal, poultry, fish, captive wild animal, or captive wildlife.
(o) "Operator" means the person or entity that has been designated by the owner, through contract or otherwise, as responsible for conveying dead animals.
(Source: P.A. 102-216, eff. 1-1-22.)
(225 ILCS 610/2) (from Ch. 8, par. 150)
Sec. 2. 
		
		Except as otherwise provided in
this Section, no
person shall engage in the business of disposing of the bodies
or parts of bodies of dead animals, poultry or fish, or used cooking
grease and oils, in the State without first obtaining a license or licenses
for that purpose from the Department.  An owner, operator, or animal
collection service may convey dead animals to a licensed landfill facility when
no rendering service is available.  Such transport shall be direct and not in
conjunction with other collection activities,
except for waste haulers collecting waste in which a dead animal is
included incidental to the collection of such waste.  No license or permit is
required
for any owner, operator or caretaker to
convey dead animals to a landfill facility licensed under the Environmental
Protection Act.
(Source: P.A. 88-133.)
(225 ILCS 610/3)
Sec. 3. Exemption from Act. A collection center to collect cooking grease or cooking oil from the public hosted by a not-for-profit organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code or a government entity is exempt from the registration, licensure, fee, and reporting requirements under this Act.
(Source: P.A. 100-93, eff. 8-11-17.)
(225 ILCS 610/4) (from Ch. 8, par. 152)
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".
(Source: P.A. 98-785, eff. 1-1-15.)
(225 ILCS 610/5) (from Ch. 8, par. 153)
Sec. 5. 
		
		On receipt of such application, Department
personnel shall inspect
the building and equipment which the applicant proposes to use to conduct
such business. If the inspector finds that said building and equipment comply
with the requirements of this Act and with the regulations of the Department,
and that the applicant is a responsible and suitable person, he shall
certify in writing to such specific findings and forward same to the Department.
(Source: P.A. 83-760.)
(225 ILCS 610/6) (from Ch. 8, par. 154)
Sec. 6. 
On the receipt of the certification described in Section 5,
and the payment of the fee provided herein, the
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.
The following nonrefundable fees shall accompany each application for a
license.
(1) For an original license of any
classification other than Class "F"..........
$150
(2) For the annual renewal of a license
of any classification other than Class "F".....
$150
(3) For an original license for each
additional classification other than Class "F"...
$50
(4) For the annual renewal of the
license of any additional classification
other than Class "F"....................
$50
(5) For an original Class "F" license......
$25
(6) For the annual renewal
of a Class "F" license..................
$25
(7) For an original Class "G" license......
$25
(8) For the annual renewal of a Class "G"
license............................
$25
(9) For an original Class "H" license......
$25
(10) For the annual renewal of  a Class "H"
license............................
$25
(Source: P.A. 98-785, eff. 1-1-15.)
(225 ILCS 610/7) (from Ch. 8, par. 155)
Sec. 7. 
		
		The Department shall keep a record of all licenses and permits
applied for or issued, which shall show the date of application and by whom
made, the cause of all rejections, the date of issue, to whom issued, the date of
expiration and the location of the licensed or permitted business.
(Source: P.A. 83-760.)
(225 ILCS 610/8) (from Ch. 8, par. 156)
Sec. 8. 
		
		If the inspector finds that said building does not comply with the
requirements of this Act or with the regulations of the Department, he
shall notify the applicant wherein the same fails to so comply. If within a
reasonable time thereafter, to be fixed by the Department, the specified
defects are remedied, the Department shall make a second inspection and
proceed therewith as in the case of the original inspection. Not more than
two inspections need be made under one application.
(Source: Laws 1951, p. 1878.)
(225 ILCS 610/9) (from Ch. 8, par. 157)
Sec. 9. 
		
		The original license or licenses shall be renewed for each
subsequent calendar year during the December immediately preceding such
subsequent calendar year upon payment of the fees
specified in Section 6, provided the holder of such license, in the opinion of the
Department, remains responsible and suitable to carry on the business and
the place of business continues to comply with this Act and the regulations
of the Department.  All licenses not renewed during December of each calendar
year shall expire December 31 of that year.
(Source: P.A. 84-1308.)
(225 ILCS 610/9.1) (from Ch. 8, par. 157.1)
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
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, renderers, or grease and oil processors to whom the
rendering
material or used cooking grease and cooking oil
will be delivered.  The Department shall issue a Class 1 permit for the
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
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.
(Source: P.A. 98-785, eff. 1-1-15.)
(225 ILCS 610/9.2) (from Ch. 8, par. 157.2)
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.
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.
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.
(Source: P.A. 98-785, eff. 1-1-15.)
(225 ILCS 610/9.3) (from Ch. 8, par. 157.3)
Sec. 9.3. 
All permittees shall record each collection of rendering materials or used cooking grease and cooking oil,
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.
(Source: P.A. 98-785, eff. 1-1-15.)
(225 ILCS 610/10) (from Ch. 8, par. 158)
Sec. 10. 
		
		Each place licensed pursuant to this Act for the carrying
on of a business shall, to the satisfaction of the Department,
be provided with floors constructed of concrete, or some other non-absorbent material,
adequate drainage, be thoroughly sanitary and adapted to carry on the business,
be provided with adequate water supply and supplied with sufficient steam
and steam hose to clean floors and trucks. The floors, walls, and all buildings
and equipment therein shall at all times be kept in a sanitary condition,
and shall be cleaned with steam. Trucks and truck equipment shall at all times be kept
in a sanitary condition, and the trucks shall be cleaned with steam. All
plants shall be equipped with sufficient steam and steam hose to carry out
these requirements.
(Source: P.A. 83-760.)
(225 ILCS 610/11) (from Ch. 8, par. 159)
Sec. 11. 
		
		A licensee shall comply with the following requirements when
disposing of bodies or parts of bodies of dead animals, poultry
or fish:
(a) All bodies or parts of bodies of all dead animals, poultry or fish
shall be processed or disposed of within 48 hours after delivery to the
plant;
(b) The skinning and dismembering of bodies or parts of bodies shall be
done within an approved building;
(c) Cooking vats shall be airtight, except for proper escapes for steam;
(d) Odors shall be controlled and steam disposed of in such manner to be
in compliance with the Environmental Protection Act;
(e) Such portions of bodies not entirely consumed by cooking shall be
disposed of in such a manner to comply with the Environmental Protection
Act;
(f) All licensed establishments shall institute salmonella control
measures as the Department may request to aid in minimizing and eliminating
contamination of the finished product; and
(g) The licensee shall maintain adequate facilities for storage of the
finished product.
(Source: P.A. 83-760.)
(225 ILCS 610/12) (from Ch. 8, par. 160)
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
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.
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
Products Inspection Act.  Such rules, bulletins, manuals and guidelines shall become
effective on the date designated by the United States Department of
Agriculture.
(Source: P.A. 100-863, eff. 8-14-18.)
(225 ILCS 610/13) (from Ch. 8, par. 161)
Sec. 13. 
		
		The Department shall inspect each facility licensed
under this Act at least once each year, or as often as it deems necessary,
and shall see that the licensee conducts the business in conformity to this
Act and the regulations made by the Department. For failure or refusal by any licensee
to obey the provisions of this Act or the said regulations, the Department
shall suspend or revoke the license held by the licensee.
(Source: P.A. 83-760.)
(225 ILCS 610/13.1) (from Ch. 8, par. 161.1)
Sec. 13.1. 
		
		The Department may refuse to issue or renew, or may suspend
or revoke, a license or vehicle permit on grounds including but not limited
to any one or more of the following:
(1) The making of a material misstatement of fact in the application for
an original license or vehicle permit, or in the application for any renewal
license or vehicle permit;
(2) Wilful disregard or wilful violation of this Act or any regulations
or rules issued pursuant thereto;
(3) Wilfully aiding or abetting another in the violation of this Act or
any regulation or rule issued pursuant thereto;
(4) Allowing one's license to be used by an unlicensed
person;
(5) Conviction of any crime, an essential element of which is the making
of a material misstatement of fact, fraud or dishonesty, or conviction of
any crime relative to the disposition of dead animals or the provisions
of this Act, if the Department determines, after investigation, that such
person has not been sufficiently rehabilitated to warrant the public trust;
(6) Making wilful misrepresentations or false promises of a character
likely to influence, persuade or induce in connection with the business
of a licensee or permittee;
(7) Pursuing a continued course of wilful misrepresentation or making
false promises through advertising, salesmen, agents, or otherwise, in connection
with the business of a licensee or permittee; or
(8) Failure to possess the necessary qualifications or to meet the requirements
of the Act for the issuance or holding a license or permit.
(Source: P.A. 83-760.)
(225 ILCS 610/13.2) (from Ch. 8, par. 161.2)
Sec. 13.2. 
		
		The Department may, upon its own motion, and shall, upon
the verified written complaint of any person setting forth facts which if
proved would constitute grounds for refusal, suspension or revocation of
a license or permit, investigate the actions of any applicant or any person
or persons holding or claiming to hold a license or permit.  Before refusing
to issue or renew, and before suspending or revoking a license or permit,
the Department shall in writing notify the applicant for or holder of a
license or permit, hereinafter called the respondent, that a hearing will
be held to determine whether the respondent is qualified to hold such license
or permit, and shall afford the respondent an opportunity to be heard in
person or by counsel.  Such written notice shall be delivered to the respondent
at least 10 days
prior to the hearing by personal service on the respondent or by registered
or certified mail sent to the respondent's business address as shown in his latest
correspondence with the Department.  At the hearing, both the respondent
and the complainant shall be afforded ample opportunity to present in person
or by counsel such statements, testimony, evidence and argument as may be
pertinent to the charges or to any defense thereto.  The Department may
continue such hearing from time to time.  If the Department shall not be
sitting at the time and place fixed in the notice or to which the hearing has been
continued, the Director may continue such hearing for a period not to exceed 30 days.
The Department, by the signature of the Director, may subpoena any person
in this State, and receive evidence in the same manner and with
the same fees as prescribed for judicial proceedings in civil cases.
Any authorized agent of the Department may administer oaths to witnesses
at any hearing which the Department is authorized to conduct.
(Source: P.A. 83-760.)
(225 ILCS 610/14) (from Ch. 8, par. 162)
Sec. 14. 
		
		The Department shall grant special permission to a person to
transport dead animals owned by such person to a veterinary hospital or
laboratory for a post-mortem inspection within 24 hours after the animal's death.
The Department may prohibit the hauling or transporting of the bodies or
parts of bodies of any animals, poultry or fish that have died of a highly
contagious, infectious, or communicable disease, which body the Department
may order destroyed by burning or burial without removal from the premises.
(Source: P.A. 83-760.)
(225 ILCS 610/14.1) (from Ch. 8, par. 162.1)
Sec. 14.1. 
		
		No person  engaged in the business of buying, selling, transporting
in commerce, or importing, dead animals or any parts of the carcasses of
any animals that died other than by slaughter shall buy, sell, transport,
offer for sale or transportation, receive for transportation in commerce,
or import any dead cattle, sheep, swine, goats, horses or other equines
or parts of carcasses of any such animals which have died other than by
slaughter, unless such transaction, transportation or importation is in compliance with
and provided for in this Act.
(Source: P.A. 83-760.)
(225 ILCS 610/15) (from Ch. 8, par. 163)
Sec. 15. 
		
		Vehicles when loaded with the bodies or parts of bodies of any
animals, poultry or fish that have died of disease shall be driven directly
to the place of disposal, except that the driver in so driving, may stop on
the highway for other bodies but he shall not drive into the yard or upon
the premises of any person unless he first obtains the permission of the
person to do so.
(Source: Laws 1963, p. 2237.)
(225 ILCS 610/16) (from Ch. 8, par. 164)
Sec. 16. 
		
		The driver or owner of a vehicle used in conveying animals,
poultry or fish which the driver or owner has reason to believe died of
disease, shall immediately after unloading the animals, poultry or fish,
cause the vehicle bed, the wheels thereof, all canvassing and covers to be
disinfected with a solution of at least one part of cresol dip to four
parts of water or with some other equally effective disinfectant.
(Source: P.A. 77-2118.)
(225 ILCS 610/17) (from Ch. 8, par. 165)
Sec. 17. 
		
		(a) No person caring for, acting as an agent for the owner of
or
owning any animal, poultry or fish which has died shall allow the body
or parts of the body to lie about the premises. Such body or parts
of the body shall be disposed of within 24 hours after death as prescribed
by regulations of the Department. The Department may prohibit the hauling
or transportation of the body of any animal, poultry or fish which has died
of a highly contagious, infectious or communicable disease and may specify
the method of disposal.
(b) The owner, operator, caretaker or animal collection service may
dispose of
bodies of dead animals, poultry or fish by composting on the site where the
death of the animals occurred, or by transporting the bodies to a licensed
landfill for disposal.  Parts of bodies may be transported to the licensed
landfill only in the case of on-site slaughter or on-site necropsy performed to
determine the cause of death of the animal.  Transporting the bodies or those
parts of bodies shall be by conveyance that is owned or operated by the owner,
operator, caretaker or animal collection service.
(c) When the destruction or disposal of a body or parts of a body
of an animal, poultry or fish, is by
burying, burning or composting, it shall be done in a manner as
required by regulations
of the Department and in compliance with the requirements of the Environmental
Protection Act.
(d) Any site where the bodies of dead animals or poultry are to be
composted shall
comply with the following setbacks:
(1) The composting site shall include a setback of at     least 200 feet from the nearest potable water supply well, except in accordance with subsection (b) of Section 14.2 of the Environmental Protection Act.
(2) The composting site shall be located outside the     boundary of the 10-year floodplain or the site shall be protected from flooding.
(3) A composting site constructed after the effective     date of this amendatory Act of 1997 so as to constitute a "new facility" after that date as defined in the Livestock Management Facilities Act shall be located at least 1/4 mile from the nearest occupied residence (other than a residence located on the same property as the facility).
(Source: P.A. 90-565, eff. 6-1-98.)
(225 ILCS 610/17.1)
Sec. 17.1. Mass animal mortality event.
(a) The Director, at his or her discretion, may declare a mass animal mortality event. The Director shall notify the Illinois Emergency Management Agency of the declaration. The notification shall be made without delay, but no later than 24 hours following the declaration.
(b) The Department shall create and file with the Illinois Emergency Management Agency a mass animal mortality event plan. The plan must include and describe, at a minimum, the following options of disposal:
(1) burial, which may include methods and procedures     for above-ground burial;
(2) rendering;
(3) transfer to a landfill;
(4) composting, which  may be conducted on the site     where the death of the animals occurred or by transporting the bodies to a licensed landfill or to a centralized off-site location determined at the time of the mass animal mortality event;
(5) incineration; and
(6) any other acceptable method as determined by the     Director.
(b) Notwithstanding any other provision of this Act, following the Director's declaration of a mass animal mortality event, the Department shall implement the most recent mass animal mortality event plan on file with the Illinois Emergency Management Agency.
(Source: P.A. 102-216, eff. 1-1-22.)
(225 ILCS 610/18) (from Ch. 8, par. 166)
Sec. 18. 
The transportation of bodies or parts of bodies of dead animals,
poultry or fish, 
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.
(Source: P.A. 98-785, eff. 1-1-15.)
(225 ILCS 610/18.1) (from Ch. 8, par. 166.1)
Sec. 18.1. 
		
		No person shall buy, sell, transport, offer for sale or transportation,
receive for transportation in commerce, or import, any carcasses, parts
thereof, meat or meat food products of any animal not intended for human
food unless they are denatured or otherwise identified or are naturally
inedible by humans.
(Source: P.A. 83-760.)
(225 ILCS 610/19) (from Ch. 8, par. 167)
Sec. 19. 
		
		Any person knowingly violating this Act or any rule, regulation
or order of the Department issued
pursuant to this Act shall be
guilty of a Class C misdemeanor.  Each day of violation constitutes a
separate offense.
In the event the person violating this Act, or a regulation, rule or
order made pursuant thereto, is a corporation or partnership, any officer,
director, manager or managerial agent of the partnership or corporation
who violates this Section or causes the partnership or corporation to violate
this Section is guilty of a Class C misdemeanor.
(Source: P.A. 83-760.)
(225 ILCS 610/19a) (from Ch. 8, par. 167a)
Sec. 19a. 
This Act shall be known and may be cited as the Animal Mortality Act.
(Source: P.A. 102-216, eff. 1-1-22.)