PART 80 ILLINOIS BOVIDAE AND CERVIDAE TUBERCULOSIS ERADICATION ACT : Sections Listing

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 80 ILLINOIS BOVIDAE AND CERVIDAE TUBERCULOSIS ERADICATION ACT


AUTHORITY: Implementing and authorized by the Illinois Bovidae and Cervidae Tuberculosis Eradication Act [510 ILCS 35].

SOURCE: Regulations Relating to Bovine Tuberculosis, filed January 17, 1972, effective January 27, 1972; filed June 21, 1976, effective July 1, 1976; filed December 29, 1976, effective January 8, 1977; amended at 2 Ill. Reg. 24, p. 1, effective June 15, 1978; codified at 5 Ill. Reg. 10455; amended at 7 Ill. Reg. 1742, effective January 28, 1983; amended at 8 Ill. Reg. 17809, effective October 1, 1984; amended at 9 Ill. Reg. 4503, effective March 22, 1985; amended at 9 Ill. Reg. 18432, effective November 19, 1985; emergency amendment at 11 Ill. Reg. 5326, effective March 13, 1987, for a maximum of 150 days; amended at 11 Ill. Reg. 10183, effective May 15, 1987; amended at 12 Ill. Reg. 8295, effective May 2, 1988; amended at 13 Ill. Reg. 3676, effective March 13, 1989; amended at 14 Ill. Reg. 1931, effective January 19, 1990; amended at 21 Ill. Reg. 17070, effective January 1, 1998; amended at 23 Ill. Reg. 428, effective January 1, 1999; amended at 23 Ill. Reg. 9775, effective August 9, 1999; amended at 24 Ill. Reg. 1003, effective January 10, 2000; emergency amendment at 24 Ill. Reg. 8613, effective June 15, 2000, for a maximum of 150 days; amended at 24 Ill. Reg. 16623, effective November 1, 2000; amended at 26 Ill. Reg. 71, effective January 1, 2002; amended at 28 Ill. Reg. 2077, effective February 1, 2004; amended at 30 Ill. Reg. 10075, effective May 22, 2006; emergency amendment at 34 Ill. Reg. 12236, effective August 6, 2010, for a maximum of 150 days; emergency expired January 2, 2011; amended at 34 Ill. Reg. 19382, effective January 1, 2011; amended at 38 Ill. Reg. 20648, effective October 16, 2014.

 

Section 80.5  Definitions/Incorporations by Reference

 

"Accredited Tuberculosis Free State" means any state recognized as an Accredited Tuberculosis Free State as defined under the Bovine Tuberculosis Eradication Uniform Methods and Rules.

 

"Bovine Tuberculosis Eradication Uniform Methods and Rules" (January 1, 2005) refers to the document approved by the United States Animal Health Association (P.O. Box 28176, Suite 205, 6924 Lakeside Avenue, Richmond, Virginia 23228-0176) and the United States Department of Agriculture.  This incorporation by reference does not include any future editions or amendments beyond the date specified.

 

(Source:  Amended at 30 Ill. Reg. 10075, effective May 22, 2006)

 

Section 80.10  Requirements for Illinois Bovine Tuberculosis-Free Accredited Cattle and Bison Herds

 

A cattle or bison herd qualifies as a bovine tuberculosis-free accredited herd when it meets the requirements of the Bovine Tuberculosis Eradication Uniform Methods and Rules for the establishment and maintenance of a tuberculosis-free accredited herd of cattle or bison.

 

(Source:  Amended at 34 Ill. Reg. 19382, effective January 1, 2011)

 

Section 80.20  When Indemnity Will Be Paid on Tests

 

Indemnity will be paid to owners of dairy and breeding cattle, bison or cervidae which react to the tuberculin test administered by accredited veterinarians and are destroyed provided:

 

a)         The entire herd is tuberculin tested.  Tuberculosis reactors found when there is not a complete herd test are not eligible for indemnity.

 

b)         Feeder cattle and steers are not eligible for indemnity except when an entire herd is depopulated due to tuberculosis infection.

 

c)         The appraisal is made by a regularly employed State or Federal veterinarian and subject to the requirements of Sections 6, 7, and 8 of the Illinois Bovidae and Cervidae Tuberculosis Eradication Act [510 ILCS 35/6, 7 and 8].  The appraisal value of the animal shall be based upon the breeding value of such animal at the moment of appraisal, taking into consideration the age, breed, health status, weight and market value at slaughter.

 

(Source:  Amended at 21 Ill. Reg. 17070, effective January 1, 1998)

 

Section 80.30  Herds Quarantined Because of Suspected Tuberculosis Infection

 

a)         Cattle, bison, goat, sheep, antelope or cervid herds or flocks suspected of being infected with bovine tuberculosis (Mycobacterium bovis) shall immediately be quarantined and the entire herd tuberculin tested.  All tuberculin tests on such herds are to be conducted by veterinarians employed by the United States Department of Agriculture or the Illinois Department of Agriculture.

 

b)         Procedures for release of quarantine on such herds are as follows:

 

1)         If the initial herd test is negative, quarantine shall be released unless epidemiological evidence, such as infection in surrounding herds or continued exposure to tuberculosis, necessitates leaving the quarantine in place.

 

2)         If a reactor is disclosed on the initial herd test, or on test of individual animals in the herd, but the slaughtered reactor does not exhibit gross lesions indicative of tuberculosis, the quarantine shall be released upon completion of one additional negative herd test conducted not less than 60 days following the initial herd test.

 

3)         If a reactor is disclosed on initial herd test, or on test of individual animals in the herd, and the slaughtered reactor shows gross lesions indicative of tuberculosis, but Mycobacterium bovis is not confirmed by laboratory examination of tissues from the slaughtered animal, the quarantine shall be released following completion of two negative complete herd retests.  The first herd retest shall be conducted not less than 60 days following the initial herd test on which the reactor was disclosed and the second herd retest shall be conducted not less than 6 months or more than one year following the first negative herd retest. After such herds have been released from quarantine, they must pass a negative herd test annually for two years following release of the quarantine.

 

4)         If a reactor is disclosed on initial herd test, or on test of individual animals in the herd, and the slaughtered reactor shows gross lesions indicative of tuberculosis, with Mycobacterium bovis confirmed by laboratory examination of tissues from the slaughtered animal, the herd shall be depopulated if the owner is agreeable and if funds are available. If the herd is not depopulated, it shall remain under quarantine so long as it remains intact.

 

(Source:  Amended at 21 Ill. Reg. 17070, effective January 1, 1998)

 

Section 80.40  Identification Tags Not To Be Removed

 

No person shall remove identification tags, numbers, or brands from cattle, bison, sheep, goats, antelope or cervidae.

 

(Source:  Amended at 21 Ill. Reg. 17070, effective January 1, 1998)

 

Section 80.50  Infected Herd Depopulation (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 17809, effective October 1, 1984)

 

Section 80.60  Cattle for Immediate Slaughter (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 17809, effective October 1, 1984)

 

Section 80.70  Feeding or Grazing Cattle from Non-Accredited Bovine Tuberculosis-Free States

 

a)         All steers and spayed heifers and calves of the beef breeds under 6 months of age from Non-Accredited Tuberculosis-Free States may enter Illinois when accompanied by an official interstate certificate of veterinary inspection and a permit from the Department.  The certificate of veterinary inspection must show that the animals originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animal must have an individual negative tuberculin test conducted within 30 days prior to entry.

 

b)         Heifers, of the beef breeds over 6 months of age and under 18 months for feeding and grazing purposes only may enter Illinois when accompanied by an official interstate certificate of veterinary inspection and a permit from the Department.  The certificate of veterinary inspection must show that the animals originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animal must have an individual negative tuberculin test conducted within 30 days prior to entry.

 

(Source:  Amended at 34 Ill. Reg. 19382, effective January 1, 2011)

 

Section 80.80  Female Cattle – Beef  Breeds – 18 Months and Over from Non-Accredited Bovine Tuberculosis-Free Areas or Canadian Provinces

 

Female cattle of the beef breeds 18 months of age and over, for feeding or grazing purposes only, may enter Illinois from Non-Accredited Bovine Tuberculosis-Free States or Canadian provinces that are not tuberculosis free, or may be shipped from public stockyards within the State, if they are accompanied by an official interstate certificate of veterinary inspection showing that the animals originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animals must have an individual negative tuberculin test conducted within 30 days prior to entry.

 

(Source:  Amended at 34 Ill. Reg. 19382, effective January 1, 2011)

 

Section 80.90  Sale of Quarantined Feeding or Grazing Cattle (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 17809, effective October 1, 1984)

 

Section 80.100  Release of Feeding or Grazing Cattle from Quarantine (Repealed)

 

(Source:  Repealed at 8 Ill. Reg. 17809, effective October 1, 1984)

 

Section 80.110  Breeding Cattle

 

All breeding cattle entering or being exhibited in the State of Illinois from Accredited Bovine Tuberculosis-Free States shall be accompanied by an official certificate of veterinary inspection issued by an accredited veterinarian. No tuberculin test is required for breeding cattle originating from Accredited Bovine Tuberculosis-Free States.  Breeding cattle entering or being exhibited in Illinois from a state that is not Bovine Tuberculosis Accredited Free or a Canadian province that is not bovine tuberculosis free shall be accompanied by an official certificate of veterinary inspection issued by an accredited veterinarian showing:

 

a)         Breeding cattle are individually identified by ear tag number, tattoo number or registration name and number;

 

b)         Breeding cattle entering for exhibition originated from a herd where a complete negative herd test was conducted within the past 12 months and the individual animals entering Illinois were negative to one tuberculin test conducted within 30 days prior to entry or exhibition;

 

c)         Breeding cattle originated from a herd where a complete negative herd test was conducted within the past 12 months and the individual animals entering Illinois were negative to two additional tuberculin tests conducted within 180 and 30 days prior to entry; or

 

d)         If Illinois is not an Accredited Tuberculosis-Free State, breeding cattle originating in Illinois were negative to a tuberculin test conducted within 90 days prior to exhibition.

 

(Source:  Amended at 34 Ill. Reg. 19382, effective January 1, 2011)

 

Section 80.120  Tuberculin Tests

 

a)         The caudal fold test shall be the official tuberculin test for testing of cattle, bison, sheep, goats, and antelope not known to be infected with, or exposed to, bovine tuberculosis.  The caudal fold test shall be applied by accredited veterinarians or by full-time State or Federal regulatory veterinarians.

 

b)         The comparative cervical test shall be the official tuberculin test for retesting suspects.  The comparative cervical test shall be applied only by full-time employed State or Federal regulatory veterinarians.  The comparative cervical test must be applied within 10 or not less than 60 days, 90 days in the case of cervidae, following the initial caudal fold injection.  In approved cervidae, an official USDA approved blood test must be used in cases in which the initial test was an official USDA approved blood test.  The second blood test can be conducted no sooner than 30 days after the first blood test was conducted.

 

c)         The single cervical test shall be the official tuberculin test for retesting known infected herds and exposed cattle, bison, sheep, goats, antelope or cervidae which were once part of a known infected herd and is the official tuberculin test for any type of testing for cervidae.  In approved cervidae, an official USDA approved blood test can be used in place of the single cervical tuberculin test.  The single cervical test and official USDA approved blood test shall be applied only by full-time employed State or Federal regulatory veterinarians or by designated accredited veterinarians as defined by the Uniform Methods and Rules for Tuberculosis Eradication in Cervidae.

 

(Source:  Amended at 38 Ill. Reg. 20648, effective October 16, 2014)

 

Section 80.130  Establishing and Maintaining Accredited Tuberculosis-Free Goat Herds

 

a)         General Requirements

 

1)         Accredited tuberculosis-free herd certificates, which shall be valid for one year, unless revoked due to a positive test shall be issued by the Department.

 

2)         Certificates may be extended for a period of one year upon evidence of a negative herd retest and compliance with all requirements for maintenance of an accredited tuberculosis-free herd.

 

3)         A "herd" shall be considered as including all animals 12 months of age and over and shall consist of at least 5 animals.

 

4)         All animals in the herd shall be identified by registration number, individual tattoo, or ear tag.

 

5)         All official tuberculin tests shall be conducted by an accredited veterinarian or a veterinarian in the employ of the Illinois Department of Agriculture or the United States Department of Agriculture.

 

b)         To Qualify for Accreditation

 

1)         Herds shall be accredited upon completion of 2 consecutive negative complete herd tests not less than 10 nor more than 14 months apart.

 

2)         If a reaction to the tuberculin test is disclosed, the veterinarian reading the test shall, within 24 hours, notify the Department by collect telephone call and make arrangements for a veterinarian trained in conducting the comparative cervical test to retest the animal within 10 days after the original injection.  If the animal is identified as a reactor as a result of the comparative cervical test, personnel from either the Illinois Department of Agriculture or the United States Department of Agriculture will issue a quarantine, supervise disposition of reactor animals, and conduct additional tests on members of the herd.

 

c)         To Qualify for Reaccreditation

 

1)         A negative herd test conducted within 60 days prior to the anniversary date is required for continuous accreditation. Upon receipt of a negative herd test, the Department shall extend accreditation for 12 months from the anniversary date.

 

2)         If the annual test for reaccreditation is conducted within 60 days following the anniversary date, certification will be restored and the accreditation period will be 12 months from the anniversary date.

 

3)         If the annual test for reaccreditation is not conducted within 60 days following the anniversary date, accreditation is cancelled and reaccreditation requirements are then the same as for initial accreditation.

 

4)         If a reaction to the tuberculin test is disclosed at the time of the reaccreditation test, the procedure outlined in subsection (b)(2) of this Section shall be followed.

 

d)         Additions to Accredited Tuberculosis-Free Herds

 

1)         Animals originating from other accredited herds may be added without tests.

 

2)         Animals originating from herds not accredited may be added, provided they are negative to an official test for tuberculosis within 60 days prior to addition and are retested and negative to an official tuberculin test not sooner than 60 days from the date the previous test was conducted.

 

3)         Purchased additions shall not receive new herd status for sale or exhibition purposes until they have been members of the herd for at least 60 days and are included in a complete herd retest.

 

(Source:  Amended at 24 Ill. Reg. 1003, effective January 10, 2000)

 

Section 80.140  Cervidae

 

a)         All cervidae entering Illinois shall comply with the following:

 

1)         Animals originating from:

 

A)        Accredited Bovine Tuberculosis-Free Areas shall be negative to two single cervical tests using 0.1 PPD Bovis tuberculin in the midcervical region with reading by observation and palpation at 72 hours, plus or minus 6 hours, no less than 90 days apart, with the second test conducted within 90 days prior to the movement, for all animals 12 months of age and over that were isolated from all other members of the herd during the testing period, unless they originate from an accredited, qualified or monitored herd.  As an alternative to the single cervical tests, approved cervidae shall be negative to two USDA official blood tests for tuberculosis conducted no less than 30 days apart with the second test conducted within 90 days prior to the movement.

 

i)          Cervidae from an accredited herd may be moved into Illinois without further tuberculosis testing provided that they are accompanied by a certificate stating that such cervidae originated from an accredited herd.

 

ii)         Cervidae originating from qualified or monitored herds may enter Illinois with a negative single cervical test or, for approved cervidae, USDA official tuberculosis blood test within 90 days prior to importation and a certificate stating that the animals originate from a monitored herd.

 

B)        Non-Accredited Bovine Tuberculosis-Free Areas or Canadian provinces that are not tuberculosis free and that originate from a herd where a complete herd test has been conducted within the past year, and all animals found negative to an official USDA tuberculosis blood test, for approved cervidae, or a single cervical test using 0.1 PPD Bovis tuberculin in the midcervical region with reading by observation and palpation at 72 hours, plus or minus 6 hours, shall be negative to two USDA official tuberculosis blood tests, for approved cervidae, or single cervical tests conducted within 180 and 30 days prior to entry.

 

C)        Institutions that have been accredited by the American Zoo and Aquarium Association (AZAA) are exempt from these requirements when movement is between accredited member facilities.  All other movement from AZAA-accredited members must comply with these movement requirements.

 

2)         Be accompanied by a Certificate of Veterinary Inspection issued by an accredited veterinarian within 30 days prior to importation.

 

3)         Be individually identified by approved eartags, microchips or tattoos.

 

4)         Be accompanied by a permit obtained from the Department as follows:

 

A)        Applicant for permit shall furnish the following information to the Department:

 

i)          Name and post office mailing address of Illinois destination;

 

ii)         Name and post office mailing address of consignor;

 

iii)        Number of cervidae in shipment.

 

B)        Grounds for refusal to issue permit are:

 

i)          Violation of the Act or any rule of this Part;

 

ii)         Presence of a disease which might endanger the Illinois livestock industry;

 

iii)        Refusal to provide required information for the permit.

 

C)        Permits will be issued by telephoning or writing the Department.

 

b)         Accredited, qualified and monitored tuberculosis-free cervidae herds shall be established and maintained in accordance with the Uniform Methods and Rules for Bovine Tuberculosis Eradication with the following amendments:

 

1)         Initial Accrediting

All test eligible captive cervids in the herd must have tested negative to at least two consecutive official tuberculosis tests conducted at 9-15 month intervals.

 

2)         Maintenance of Accreditation

To maintain status as an accredited herd, all test-eligible captive cervids in the herd must test negative to an official tuberculosis test within 33-39 months after the anniversary date of the second consecutive negative herd test conducted under subsection (b)(1).

 

c)         Cervidae entering Illinois must also be in compliance with the Illinois Wildlife Code [520 ILCS 5].

 

(Source:  Amended at 38 Ill. Reg. 20648, effective October 16, 2014)

 

Section 80.150  Goats

 

Goats entering Illinois for any reason, including exhibition, from states or Canadian provinces that are not Accredited Bovine Tuberculosis Free must be accompanied by a health certificate indicating that the animals originated from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animals entering Illinois are negative to a tuberculin test conducted within 30 days prior to entry.

 

(Source:  Amended at 28 Ill. Reg. 2077, effective February 1, 2004)

 

Section 80.160  Testing Requirements for Cattle from Non-Accredited Free Areas or Canadian Provinces

 

Cattle originating from Non-Accredited Free Areas or Canadian provinces that are not tuberculosis free  must meet the following testing requirements prior to entry into Illinois:

 

a)         Cattle entering Illinois for breeding purposes must originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animals must have had two additional negative tests within 180 and 30 days prior to entry.

 

b)         Cattle entering Illinois for feeding or grazing purposes must originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animals must have had an individual test within 30 days prior to entry.

 

c)         Cattle entering Illinois for exhibition must originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animals must have had one additional negative test within 30 days prior to entry.

 

(Source:  Amended at 34 Ill. Reg. 19382, effective January 1, 2011)

 

Section 80.170  Bison

 

Bison entering Illinois for any reason, other than immediate slaughter and including exhibition, must:

 

a)         if originating from an Accredited Free State, be from an accredited tuberculosis-free herd, or the individual animal entering Illinois must have had an individual test within 30 days prior to entry; or

 

b)         if originating from a Non-Accredited Free State or Canadian province that is not tuberculosis free, originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animal must have had two additional negative tests within 180 and 30 days prior to entry.

 

(Source:  Amended at 30 Ill. Reg. 10075, effective May 22, 2006)

 

Section 80.180  Illinois Exhibition Animals Returning from Non-Accredited Free States

 

Any Illinois cattle, bison, cervidae or goats being exhibited in Non-Accredited Free States or Canadian provinces that are not tuberculosis free must be isolated from the remainder of the herd/flock upon return to Illinois and retested for tuberculosis 60-120 days post entry.

 

(Source:  Amended at 28 Ill. Reg. 2077, effective February 1, 2004)

 

Section 80.190  Animals Entering Illinois from Non-Accredited Free States, Canadian Provinces or Areas; Permit Required

 

Any cattle, bison, cervidae or goats entering Illinois for any reason other than immediate slaughter from Non-Accredited Free States, Areas, or Canadian provinces that are not tuberculosis free are required to obtain a prior permit from the Department that is good for 72 hours.

 

a)         The applicant for permit shall furnish the following information to the Department:

 

1)         name and mailing address of Illinois destination;

 

2)         name and address of consignor; and

 

3)         number of animals in shipment.

 

b)         Grounds for refusal to issue a permit are:

 

1)         violation of the Act or any rule contained in this Part; and

 

2)         presence of a disease that might endanger the Illinois livestock industry.

 

(Source:  Amended at 28 Ill. Reg. 2077, effective February 1, 2004)