635/1 . Definitions
635/1.5 . Slaughter for human consumption unlawful
635/2 . License; application; listing of corporate stockholders
635/2.1 . Grinding, chopping or comminuting of meat required; denaturation; exceptions
635/3 . Annual license fee
635/3.1 . Inspection of applicant's premises and facilities; denial or refusal of license
635/3.2 . Persons ineligible for licenses
635/3.3. Applicant convictions.
635/4 . Vehicle license fee
635/5 . Sanitary operation; Sanitary Inspection Law; revocation or denial of license for violations
635/6 . Marking vehicles used in distribution
635/7 . Independent operators; marking vehicles
635/8 . Common carriers; exemption from license requirement
635/9 . Labeling or tagging packages
635/10 . Label required on horse meat in possession of slaughterer; prima facie evidence
635/11 . Retailers, etc.; possession for distribution
635/12 . Defacement or removal of labels
635/13 . Sale of horse meat or mixture thereof; labels
635/14 . § 14. Repealed by P.A. 95-2, § 7, eff. May 24, 2007
635/14.1 . Rules and regulations
635/15 . Revocation of license; hearing
635/16 . Violations of provisions of Act
635/17 . Review under Administrative Review Law
635/18 . Short Title
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 1, eff. July 12, 1951. Amended by Laws 1953, p. 1208, § 1, eff. July 13, 1953; Laws 1955, p. 388, § 1, eff. July 1, 1955.
635/1.5 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.
CREDIT(S)
Laws 1951, p. 1498, s 1.5, added by P.A. 95-2, s 5, eff. May 24, 2007.
635/2. License; application; listing of corporate stockholders
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 2, eff. July 12, 1951. Amended by Laws 1953, p. 1208, § 1, eff. July 13, 1953; Laws 1955, p. 388, § 1, eff. July 1, 1955.
635/2.1. Grinding, chopping or comminuting of meat required; denaturation; exceptions
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 2.1, added by Laws 1953, p. 1208, § 1, eff. July 13, 1953. Amended by Laws 1955, p. 388, § 1, eff. July 1, 1955; P.A. 76-706, § 1, eff. Aug. 7, 1969; P.A. 83-760, § 9, eff. Sept. 23, 1983.
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 3, eff. July 12, 1951. Amended by Laws 1953, p. 1208, § 1, eff. July 13, 1953; Laws 1957, p. 192, § 1, eff. July 1, 1957.
635/3.1. Inspection of applicant's premises and facilities; denial or refusal of license
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 3.1, added by Laws 1953, p. 1208, § 1, eff. July 13, 1953.
635/3.2. Persons ineligible for licenses
§ 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.
Credits
Laws 1951, p. 1498, § 3.2, added by Laws 1953, p. 1208, § 1, eff. July 13, 1953. Amended by Laws 1955, p. 388, § 1, eff. July 1, 1955; P.A. 100-286, § 65, eff. Jan. 1, 2018; P.A. 101-541, § 25, eff. Aug. 23, 2019.
635/3.3. Applicant convictions.
§ 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.
Credits
Laws 1951, p. 1498, § 3.3, added by P.A. 100-286, § 65, eff. Jan. 1, 2018.
635/4. Vehicle license fee
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 4, eff. July 12, 1951.
635/5. Sanitary operation; Sanitary Inspection Law; revocation or denial of license for violations
§ 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. [FN1]
CREDIT(S)
Laws 1951, p. 1498, § 5, eff. July 12, 1951. Amended by Laws 1953, p. 1208, § 1, eff. July 13, 1953.
635/6. Marking vehicles used in distribution
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 6, eff. July 12, 1951.
635/7. Independent operators; marking vehicles
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 7, eff. July 12, 1951.
635/8. Common carriers; exemption from license requirement
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 8, eff. July 12, 1951.
635/9. Labeling or tagging packages
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 9, eff. July 12, 1951. Amended by Laws 1955, p. 388, § 1, eff. July 1, 1955.
635/10. Label required on horse meat in possession of slaughterer; prima facie evidence
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 10, eff. July 12, 1951. Amended by Laws 1953, p. 1208, § 1, eff. July 13, 1953; Laws 1955, p. 388, § 1, eff. July 1, 1955.
635/11. Retailers, etc.; possession for distribution
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 11, eff. July 12, 1951. Amended by Laws 1955, p. 388, § 1, eff. July 1, 1955.
635/12. Defacement or removal of labels
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 12, eff. July 12, 1951.
635/13. Sale of horse meat or mixture thereof; labels
§ 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.
CREDIT(S)
Laws 1951, p. 1498, § 13, eff. July 12, 1951. Amended by Laws 1955, p. 388, § 1, eff. July 1, 1955.
635/14. § 14. Repealed by P.A. 95-2, § 7, eff. May 24, 2007
635/14.1. Rules and regulations
§ 14.1. The Department of Agriculture shall make and enforce reasonable rules and regulations necessary to carry out the provisions of this Act.
CREDIT(S)
Laws 1951, p. 1498, § 14.1, added by Laws 1953, p. 1208, § 1, eff. July 13, 1953.
635/15. Revocation of license; hearing
§ 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. [FN1]
CREDIT(S)
Laws 1951, p. 1498, § 15, eff. July 12, 1951. Amended by Laws 1953, p. 1208, § 1, eff. July 13, 1953; P.A. 83-333, § 38, eff. Sept. 14, 1983.
635/16. Violations of provisions of Act
§ 16. Whoever violates any provision of this Act shall be guilty of a Class A misdemeanor.
CREDIT(S)
Laws 1951, p. 1498, § 16, eff. July 12, 1951. Amended by P.A. 77-2508, § 1, eff. Jan. 1, 1973.
635/17. Review under Administrative Review Law
§ 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 [FN1] and all rules and regulations adopted pursuant thereto. The term “administrative decision” is defined as in Section 3-101 of the Code of Civil Procedure. [FN2]
CREDIT(S)
Laws 1951, p. 1498, § 17, eff. July 12, 1951. Amended by P.A. 82-783, Art. XI, § 106, eff. July 13, 1982.
§ 18. Short Title. This Act shall be known and may be cited as the Illinois Horse Meat Act.
CREDIT(S)
Laws 1951, p. 1498, § 18, added by P.A. 83-760, § 9, eff. Sept. 23, 1983.