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Public Act 097-0025
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| HB1170 Enrolled | LRB097 09048 CEL 49182 b |
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Livestock Auction Market Law is amended by |
changing Section 8 as follows:
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(225 ILCS 640/8) (from Ch. 121 1/2, par. 215)
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Sec. 8.
Each livestock auction market shall, except on days |
when all
livestock
is consigned direct for immediate slaughter |
and except for sales restricted
to equidae, be under the direct
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supervision of an accredited veterinarian approved by the |
Department and
each licensed livestock auction market |
designated as a marketing center
shall, except on days when all |
livestock is consigned direct for immediate
slaughter and |
except for sales restricted to equidae, be under the direct
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supervision of an accredited veterinarian
approved by the |
Department. Except as otherwise provided in this Act and
by |
regulations, no
livestock known to be infected with or known to |
have been exposed to any
contagious, infectious, or |
communicable animal disease or infestation shall
be consigned |
to or sold through any livestock auction market. The
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veterinarian shall examine or inspect all livestock that is |
offered for
sale and shall prohibit the sale of any animals |
which in his opinion are
diseased or which are likely to be |
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carriers of disease, and shall
quarantine such animals when |
necessary. The veterinarian shall also issue
or cause to be |
issued all necessary quarantines for livestock sold through
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such markets. The name and address of the purchaser of any |
livestock sold
under or subject to quarantine, together with |
the description and number of
head of the livestock shall be |
reported to and filed with the Department
within 48 hours from |
date of sale. The veterinarian shall supervise the
cleaning and |
disinfecting of the yards and pens following each sale or at
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such other times as may be necessary. Except as otherwise |
provided in this
Act, no female cattle or bulls more than 6 |
months of age shall be sold
through a livestock auction market, |
except for slaughter, unless such
cattle (a) are in compliance |
with the provisions of "An Act in relation to
the eradication |
of bovine brucellosis among domestic cattle", approved July
12, |
1939, as amended or (b) are female cattle of the beef breeds |
over 6 and
under 18 months of age released on permit subject to |
the livestock
quarantine regulations of the Department for |
feeding or grazing purposes
only consigned direct from the farm |
to the livestock auction market or
shipped direct to the |
livestock auction market from other states, livestock auction |
markets, or marketing centers or public
stockyards within the |
State in accordance with Illinois statutory
requirements to be |
sold through the livestock auction market without test
for |
brucellosis or tuberculosis.
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Bulls over 18 months of age, springer heifers and cows, or |
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heifers
and cows with calves, are
classed as breeding cattle |
and as such shall comply with the requirements
governing |
breeding cattle.
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Calves under 3 months of age of all breeds, not with their |
dams, may
enter the State of Illinois without test for |
tuberculosis or brucellosis if
they are consigned to a licensed |
livestock auction market to be sold for
immediate slaughter.
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Under the provisions of this Act, the Department of |
Agriculture is
authorized to make rules and regulations |
permitting or requiring the sale through
livestock auction |
markets, for immediate slaughter only, of any cattle
which upon |
being tested for brucellosis
react to an official test for |
brucellosis.
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Livestock auction markets handling livestock during |
inclement weather
shall be equipped with facilities for housing |
the livestock during such
inclement weather. If livestock is |
held on the premises for more than 10
hours, facilities for |
feeding and watering the livestock shall be provided.
The |
yards, pens, and premises where livestock is held or handled |
shall be
regularly cleaned and disinfected for the purpose of |
preventing infectious,
contagious, and communicable animal |
diseases.
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In case any livestock auction market shall sell livestock |
by weight, the
scales upon which such livestock is weighed |
shall be regularly inspected
and tested.
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(Source: P.A. 89-463, eff. 5-31-96.)
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Section 10. The Illinois Bovine Brucellosis Eradication |
Act is amended by changing Sections 5, 6.1, and 6.3 as follows:
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(510 ILCS 30/5) (from Ch. 8, par. 138)
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Sec. 5. When one or more animals in a herd have been |
classified as reactors
to an official test, the entire herd, |
except steers, spayed heifers and
calves under 6 months of age, |
shall be quarantined immediately and the
owner so notified. An |
accredited veterinarian or a veterinarian in the
employ of the |
Animal and Plant Health Inspection Service of the United
States |
Department of Agriculture, or any successor agency, shall |
permanently
hot iron brand each animal classified
as a reactor, |
within 15 days after classification of such animal as a |
reactor,
on the left hip
with the letter "B", such letter to be |
not less than 2 nor more than 3
inches in height, and shall |
place a special identification tag in the left
ear of such |
reactor. The veterinarian applying an official test for
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brucellosis shall immediately notify the Department of each |
such reactor on
forms furnished by the Department, giving the |
number of the tag placed in
the left ear and the number of any |
tag in the right ear. Reactors shall be
shipped for slaughter |
within 30 days of test date, except
that the Department may, |
upon request, grant an extension of not more than
30 days. |
Suspect animals which have a history of having aborted and are
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from a herd containing reactors may be designated as reactors |
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by the
veterinarian obtaining the blood samples, when approved |
by the
Department.
Suspect animals in herds under quarantine |
due to brucellosis infection may
be designated as reactors by |
the Department if deemed advisable in the interest of
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brucellosis eradication. No person shall remove any reactor |
identification
tag.
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All animals classified as suspects to an official test |
shall be
positively identified and their movement restricted to |
the premises where
found until they are retested and found |
negative, or identified as
reactors.
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Animals with a positive result to an official test at |
livestock auction markets or marketing centers may be |
slaughtered or returned to the herd of origin only by permit |
and must remain under quarantine for further evaluation.
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(Source: P.A. 95-93, eff. 8-13-07; 95-335, eff. 8-21-07.)
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(510 ILCS 30/6.1) (from Ch. 8, par. 139.1)
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Sec. 6.1. Shipping of dairy or breeding cattle. The |
Department may require that no No dairy or breeding cattle
more |
than 6 months of age shall be shipped from any livestock |
auction markets or marketing centers public stockyards in
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Illinois consigned to any point within the State unless they |
are accompanied by
a certificate of health issued by an |
accredited veterinarian or a veterinarian
employed by the |
Animal and Plant Health Inspection Service of the United States
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Department of Agriculture, or any successor agency, showing |
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them to have been
negative to an official test for brucellosis |
prior to release from such public
stockyards or be under 24 |
months of age for beef breeds and 20 months of age
for dairy |
breeds and accompanied by a record of official brucellosis |
calfhood
vaccination.
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Cattle consigned to livestock auction markets or marketing |
centers public stockyards in Illinois may enter such livestock |
auction markets or marketing centers public
stockyards without |
test or certificates of health showing them to be free
from |
brucellosis, however, the Department may require that these |
animals must be negative to an official test
for brucellosis |
before they are removed to an Illinois farm.
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(Source: P.A. 90-192, eff. 7-24-97.)
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(510 ILCS 30/6.3) (from Ch. 8, par. 139.3)
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Sec. 6.3.
Female cattle of the beef breeds over 6 and under |
18
months of age, for feeding and grazing purposes only, may |
enter the
State or may be shipped from public stockyards, |
marketing centers, or auction
markets within the State without
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test for brucellosis. The Department may require that such Such |
cattle be held are under quarantine until they have
passed a |
negative brucellosis test and such test is reported to the
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Department, or until a report of their disposal for slaughter |
is made to
the Department. They may be held in quarantine |
without test during their
feeding and grazing period, which |
period shall not exceed 12 months from
date of entry. Upon |
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application to the Department and at the discretion
of the |
Department such period may be extended for an additional period
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not to exceed 90 days. When required by the Department, at At |
the expiration of the feeding and grazing
period the cattle |
shall be sold for immediate slaughter or tested for
brucellosis |
at the expense of the owner. The owner shall report such
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disposition to the Department. Such cattle classified as |
reactors to an
official test for brucellosis shall be sold for |
immediate slaughter and
the owner shall report their disposal |
to the Department.
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(Source: P.A. 90-192, eff. 7-24-97.)
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Section 15. The Illinois Swine Brucellosis Eradication Act |
is amended by changing Sections 1.7, 2, 3, 4, and 5 as follows:
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(510 ILCS 95/1.7) (from Ch. 8, par. 148f.7)
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Sec. 1.7. Health certificate. "Health certificate" or |
"certificate of
health" or "interstate health
certificate" or |
"certificate of veterinary inspection" means a legible record, |
made on an official form of the state
of origin or the Animal |
and Plant Health Inspection Service of the United
States |
Department of Agriculture or any successor agency and issued by |
an
accredited veterinarian of the state of origin or a |
veterinarian in the
employ of the Animal and Plant Health |
Inspection Service of the United
States Department of |
Agriculture or any successor agency which shows that
the |
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animals listed thereon meet the health requirements of the |
state of
destination. The health certificate shall contain the |
name and address of
the consignor, the name and address of the |
consignee, and an accurate
description and identification of |
the animals by purebred registration
number, registry |
association approved individual tattoo, ear notch, or tag
in |
the right ear, and shall also indicate the health status of the |
animals,
including results and dates of required tests and |
vaccinations, if any.
A health certificate is valid for 30 days |
from the date of issuance.
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(Source: P.A. 89-154, eff. 7-19-95.)
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(510 ILCS 95/2) (from Ch. 8, par. 148g)
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Sec. 2.
No person shall lease, loan, trade or sell any |
swine 4 months of
age and over for breeding purposes, or offer |
or receive the services of any
male swine for breeding |
purposes, unless such swine are accompanied by an
official |
brucellosis testing certificate showing that the swine have |
been tested by
an accredited veterinarian within 60 days prior |
to the date of such
transaction and found free of Brucella |
microorganisms; , or the swine originated originate from a
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validated brucellosis-free herd or originated from a Validated |
Brucellosis-free Area. Such test shall be recognized for one
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change of ownership or premises only within the 60-day period. |
Except as
otherwise provided, a negative test shall be required |
for each change of
ownership or premises should a change of |
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ownership or premises occur within
60 days from date of test.
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(Source: P.A. 76-226.)
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(510 ILCS 95/3) (from Ch. 8, par. 148h)
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Sec. 3.
An official test for the intrastate movement of |
swine, when required, shall be
conducted by any official State |
or Federal laboratory, except that an
accredited veterinarian |
may conduct such test when performing his official
duties at a |
livestock auction market stockyards registered under the |
Packers and Stockyards Act or
at a marketing center that has |
been approved by the U.S. Department of
Agriculture under the |
rules pertaining to an approved livestock facility. All
such |
tests shall be reported to the Department within 7
days of |
completion, upon forms provided by the Department.
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(Source: P.A. 91-457, eff. 1-1-00.)
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(510 ILCS 95/4) (from Ch. 8, par. 148i)
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Sec. 4.
All breeding swine 4 months of age and over |
entering Illinois for
breeding or exhibition purposes shall be |
accompanied by an official
interstate health certificate, |
issued by an accredited veterinarian of the
state of origin, |
showing that such swine meet the Illinois entry
requirements |
and are negative to an official test for brucellosis conducted
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by an official laboratory of the state of origin within 30 days |
prior to
entry. However, swine from a validated |
brucellosis-free herd or a
Validated Brucellosis-free Area may |
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enter the
State or be exhibited without a test for brucellosis |
when accompanied by a
certificate of health issued by an |
accredited veterinarian of the state of
origin or a |
veterinarian employed by the Animal and Plant Health Inspection
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Service of the United States Department of Agriculture or any |
successor
agency, showing such swine to have originated from a |
Validated
Brucellosis-free Area or validated
Brucellosis-free |
brucellosis-free herd and giving the validated herd |
certificate number and
anniversary date.
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(Source: P.A. 86-231.)
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(510 ILCS 95/5) (from Ch. 8, par. 148j)
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Sec. 5.
Illinois breeding swine 4 months of age and over |
for exhibition
within the State of Illinois shall meet all |
requirements for exhibition
purposes and shall also be |
accompanied by an official brucellosis
certificate of health |
showing the swine to have been negative to an official test for
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brucellosis conducted within 90 days of date of exhibition |
unless such
swine originate are from a validated |
Brucellosis-free brucellosis-free or Validated |
Brucellosis-free Area herd as provided in Section 4
of this |
Act.
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(Source: P.A. 76-226.)
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(510 ILCS 30/1.9 rep.) |
Section 20. The Illinois Bovine Brucellosis Eradication |