Full Text of HB1170 97th General Assembly
HB1170 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1170 Introduced 02/08/11, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
| 225 ILCS 640/8 | from Ch. 121 1/2, par. 215 | 510 ILCS 30/5 | from Ch. 8, par. 138 | 510 ILCS 30/6.1 | from Ch. 8, par. 139.1 | 510 ILCS 30/6.3 | from Ch. 8, par. 139.3 | 510 ILCS 95/1.7 | from Ch. 8, par. 148f.7 | 510 ILCS 95/2 | from Ch. 8, par. 148g | 510 ILCS 95/3 | from Ch. 8, par. 148h | 510 ILCS 95/4 | from Ch. 8, par. 148i | 510 ILCS 95/5 | from Ch. 8, par. 148j | 510 ILCS 30/1.9 rep. | |
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Amends the Illinois Bovine Brucellosis Eradication Act. Provides that cattle consigned to livestock auction markets or marketing centers in Illinois may enter such markets without test or certificate 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. Makes other corresponding changes. Amends the Illinois Swine Brucellosis Eradication Act. Provides that no person may market any swine over 4 months of age unless such swine are accompanied by an official Brucellosis testing certificate or the swine originated from a validated Brucellosis-free herd or originated from a Validated Brucellosis-free Area. Makes other corresponding changes. Amends the Livestock Auction Market Law to make corresponding changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Livestock Auction Market Law is amended by | 5 | | changing Section 8 as follows:
| 6 | | (225 ILCS 640/8) (from Ch. 121 1/2, par. 215)
| 7 | | Sec. 8.
Each livestock auction market shall, except on days | 8 | | when all
livestock
is consigned direct for immediate slaughter | 9 | | and except for sales restricted
to equidae, be under the direct
| 10 | | supervision of an accredited veterinarian approved by the | 11 | | Department and
each licensed livestock auction market | 12 | | designated as a marketing center
shall, except on days when all | 13 | | livestock is consigned direct for immediate
slaughter and | 14 | | except for sales restricted to equidae, be under the direct
| 15 | | supervision of an accredited veterinarian
approved by the | 16 | | Department. Except as otherwise provided in this Act and
by | 17 | | regulations, no
livestock known to be infected with or known to | 18 | | have been exposed to any
contagious, infectious, or | 19 | | communicable animal disease or infestation shall
be consigned | 20 | | to or sold through any livestock auction market. The
| 21 | | veterinarian shall examine or inspect all livestock that is | 22 | | offered for
sale and shall prohibit the sale of any animals | 23 | | which in his opinion are
diseased or which are likely to be |
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| 1 | | carriers of disease, and shall
quarantine such animals when | 2 | | necessary. The veterinarian shall also issue
or cause to be | 3 | | issued all necessary quarantines for livestock sold through
| 4 | | such markets. The name and address of the purchaser of any | 5 | | livestock sold
under or subject to quarantine, together with | 6 | | the description and number of
head of the livestock shall be | 7 | | reported to and filed with the Department
within 48 hours from | 8 | | date of sale. The veterinarian shall supervise the
cleaning and | 9 | | disinfecting of the yards and pens following each sale or at
| 10 | | such other times as may be necessary. Except as otherwise | 11 | | provided in this
Act, no female cattle or bulls more than 6 | 12 | | months of age shall be sold
through a livestock auction market, | 13 | | except for slaughter, unless such
cattle (a) are in compliance | 14 | | with the provisions of "An Act in relation to
the eradication | 15 | | of bovine brucellosis among domestic cattle", approved July
12, | 16 | | 1939, as amended or (b) are female cattle of the beef breeds | 17 | | over 6 and
under 18 months of age released on permit subject to | 18 | | the livestock
quarantine regulations of the Department for | 19 | | feeding or grazing purposes
only consigned direct from the farm | 20 | | to the livestock auction market or
shipped direct to the | 21 | | livestock auction market from other states , livestock auction | 22 | | markets, or marketing centers or public
stockyards within the | 23 | | State in accordance with Illinois statutory
requirements to be | 24 | | sold through the livestock auction market without test
for | 25 | | brucellosis or tuberculosis.
| 26 | | Bulls over 18 months of age, springer heifers and cows, or |
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| 1 | | heifers
and cows with calves, are
classed as breeding cattle | 2 | | and as such shall comply with the requirements
governing | 3 | | breeding cattle.
| 4 | | Calves under 3 months of age of all breeds, not with their | 5 | | dams, may
enter the State of Illinois without test for | 6 | | tuberculosis or brucellosis if
they are consigned to a licensed | 7 | | livestock auction market to be sold for
immediate slaughter.
| 8 | | Under the provisions of this Act, the Department of | 9 | | Agriculture is
authorized to make rules and regulations | 10 | | permitting or requiring the sale through
livestock auction | 11 | | markets, for immediate slaughter only, of any cattle
which upon | 12 | | being tested for brucellosis
react to an official test for | 13 | | brucellosis.
| 14 | | Livestock auction markets handling livestock during | 15 | | inclement weather
shall be equipped with facilities for housing | 16 | | the livestock during such
inclement weather. If livestock is | 17 | | held on the premises for more than 10
hours, facilities for | 18 | | feeding and watering the livestock shall be provided.
The | 19 | | yards, pens, and premises where livestock is held or handled | 20 | | shall be
regularly cleaned and disinfected for the purpose of | 21 | | preventing infectious,
contagious, and communicable animal | 22 | | diseases.
| 23 | | In case any livestock auction market shall sell livestock | 24 | | by weight, the
scales upon which such livestock is weighed | 25 | | shall be regularly inspected
and tested.
| 26 | | (Source: P.A. 89-463, eff. 5-31-96.)
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| 1 | | Section 10. The Illinois Bovine Brucellosis Eradication | 2 | | Act is amended by changing Sections 5, 6.1, and 6.3 as follows:
| 3 | | (510 ILCS 30/5) (from Ch. 8, par. 138)
| 4 | | Sec. 5. When one or more animals in a herd have been | 5 | | classified as reactors
to an official test, the entire herd, | 6 | | except steers, spayed heifers and
calves under 6 months of age, | 7 | | shall be quarantined immediately and the
owner so notified. An | 8 | | accredited veterinarian or a veterinarian in the
employ of the | 9 | | Animal and Plant Health Inspection Service of the United
States | 10 | | Department of Agriculture, or any successor agency, shall | 11 | | permanently
hot iron brand each animal classified
as a reactor, | 12 | | within 15 days after classification of such animal as a | 13 | | reactor,
on the left hip
with the letter "B", such letter to be | 14 | | not less than 2 nor more than 3
inches in height, and shall | 15 | | place a special identification tag in the left
ear of such | 16 | | reactor. The veterinarian applying an official test for
| 17 | | brucellosis shall immediately notify the Department of each | 18 | | such reactor on
forms furnished by the Department, giving the | 19 | | number of the tag placed in
the left ear and the number of any | 20 | | tag in the right ear. Reactors shall be
shipped for slaughter | 21 | | within 30 days of test date, except
that the Department may, | 22 | | upon request, grant an extension of not more than
30 days. | 23 | | Suspect animals which have a history of having aborted and are
| 24 | | from a herd containing reactors may be designated as reactors |
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| 1 | | by the
veterinarian obtaining the blood samples, when approved | 2 | | by the
Department.
Suspect animals in herds under quarantine | 3 | | due to brucellosis infection may
be designated as reactors by | 4 | | the Department if deemed advisable in the interest of
| 5 | | brucellosis eradication. No person shall remove any reactor | 6 | | identification
tag.
| 7 | | All animals classified as suspects to an official test | 8 | | shall be
positively identified and their movement restricted to | 9 | | the premises where
found until they are retested and found | 10 | | negative, or identified as
reactors.
| 11 | | Animals with a positive result to an official test at | 12 | | livestock auction markets or marketing centers may be | 13 | | slaughtered or returned to the herd of origin only by permit | 14 | | and must remain under quarantine for further evaluation.
| 15 | | (Source: P.A. 95-93, eff. 8-13-07; 95-335, eff. 8-21-07.)
| 16 | | (510 ILCS 30/6.1) (from Ch. 8, par. 139.1)
| 17 | | Sec. 6.1. Shipping of dairy or breeding cattle. The | 18 | | Department may require that no No dairy or breeding cattle
more | 19 | | than 6 months of age shall be shipped from any livestock | 20 | | auction markets or marketing centers public stockyards in
| 21 | | Illinois consigned to any point within the State unless they | 22 | | are accompanied by
a certificate of health issued by an | 23 | | accredited veterinarian or a veterinarian
employed by the | 24 | | Animal and Plant Health Inspection Service of the United States
| 25 | | Department of Agriculture, or any successor agency, showing |
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| 1 | | them to have been
negative to an official test for brucellosis | 2 | | prior to release from such public
stockyards or be under 24 | 3 | | months of age for beef breeds and 20 months of age
for dairy | 4 | | breeds and accompanied by a record of official brucellosis | 5 | | calfhood
vaccination.
| 6 | | Cattle consigned to livestock auction markets or marketing | 7 | | centers public stockyards in Illinois may enter such livestock | 8 | | auction markets or marketing centers public
stockyards without | 9 | | test or certificates of health showing them to be free
from | 10 | | brucellosis, however, the Department may require that these | 11 | | animals must be negative to an official test
for brucellosis | 12 | | before they are removed to an Illinois farm.
| 13 | | (Source: P.A. 90-192, eff. 7-24-97.)
| 14 | | (510 ILCS 30/6.3) (from Ch. 8, par. 139.3)
| 15 | | Sec. 6.3.
Female cattle of the beef breeds over 6 and under | 16 | | 18
months of age, for feeding and grazing purposes only, may | 17 | | enter the
State or may be shipped from public stockyards, | 18 | | marketing centers , or auction
markets within the State without
| 19 | | test for brucellosis. The Department may require that such Such | 20 | | cattle be held are under quarantine until they have
passed a | 21 | | negative brucellosis test and such test is reported to the
| 22 | | Department, or until a report of their disposal for slaughter | 23 | | is made to
the Department. They may be held in quarantine | 24 | | without test during their
feeding and grazing period, which | 25 | | period shall not exceed 12 months from
date of entry. Upon |
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| 1 | | application to the Department and at the discretion
of the | 2 | | Department such period may be extended for an additional period
| 3 | | not to exceed 90 days. When required by the Department, at At | 4 | | the expiration of the feeding and grazing
period the cattle | 5 | | shall be sold for immediate slaughter or tested for
brucellosis | 6 | | at the expense of the owner. The owner shall report such
| 7 | | disposition to the Department. Such cattle classified as | 8 | | reactors to an
official test for brucellosis shall be sold for | 9 | | immediate slaughter and
the owner shall report their disposal | 10 | | to the Department.
| 11 | | (Source: P.A. 90-192, eff. 7-24-97.)
| 12 | | Section 15. The Illinois Swine Brucellosis Eradication Act | 13 | | is amended by changing Sections 1.7, 2, 3, 4, and 5 as follows:
| 14 | | (510 ILCS 95/1.7) (from Ch. 8, par. 148f.7)
| 15 | | Sec. 1.7. Health certificate. "Health certificate" or | 16 | | "certificate of
health" or "interstate health
certificate" or | 17 | | "certificate of veterinary inspection" means a legible record, | 18 | | made on an official form of the state
of origin or the Animal | 19 | | and Plant Health Inspection Service of the United
States | 20 | | Department of Agriculture or any successor agency and issued by | 21 | | an
accredited veterinarian of the state of origin or a | 22 | | veterinarian in the
employ of the Animal and Plant Health | 23 | | Inspection Service of the United
States Department of | 24 | | Agriculture or any successor agency which shows that
the |
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| 1 | | animals listed thereon meet the health requirements of the | 2 | | state of
destination. The health certificate shall contain the | 3 | | name and address of
the consignor, the name and address of the | 4 | | consignee, and an accurate
description and identification of | 5 | | the animals by purebred registration
number, registry | 6 | | association approved individual tattoo, ear notch, or tag
in | 7 | | the right ear, and shall also indicate the health status of the | 8 | | animals,
including results and dates of required tests and | 9 | | vaccinations, if any.
A health certificate is valid for 30 days | 10 | | from the date of issuance.
| 11 | | (Source: P.A. 89-154, eff. 7-19-95.)
| 12 | | (510 ILCS 95/2) (from Ch. 8, par. 148g)
| 13 | | Sec. 2.
No person shall lease, loan, trade or sell any | 14 | | swine 4 months of
age and over for breeding purposes, or offer | 15 | | or receive the services of any
male swine for breeding | 16 | | purposes, unless such swine are accompanied by an
official | 17 | | brucellosis testing certificate showing that the swine have | 18 | | been tested by
an accredited veterinarian within 60 days prior | 19 | | to the date of such
transaction and found free of Brucella | 20 | | microorganisms ; , or the swine originated originate from a
| 21 | | validated brucellosis-free herd or originated from a Validated | 22 | | Brucellosis-free Area . Such test shall be recognized for one
| 23 | | change of ownership or premises only within the 60-day period. | 24 | | Except as
otherwise provided, a negative test shall be required | 25 | | for each change of
ownership or premises should a change of |
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| 1 | | ownership or premises occur within
60 days from date of test.
| 2 | | (Source: P.A. 76-226.)
| 3 | | (510 ILCS 95/3) (from Ch. 8, par. 148h)
| 4 | | Sec. 3.
An official test for the intrastate movement of | 5 | | swine , when required, shall be
conducted by any official State | 6 | | or Federal laboratory, except that an
accredited veterinarian | 7 | | may conduct such test when performing his official
duties at a | 8 | | livestock auction market stockyards registered under the | 9 | | Packers and Stockyards Act or
at a marketing center that has | 10 | | been approved by the U.S. Department of
Agriculture under the | 11 | | rules pertaining to an approved livestock facility. All
such | 12 | | tests shall be reported to the Department within 7
days of | 13 | | completion, upon forms provided by the Department.
| 14 | | (Source: P.A. 91-457, eff. 1-1-00.)
| 15 | | (510 ILCS 95/4) (from Ch. 8, par. 148i)
| 16 | | Sec. 4.
All breeding swine 4 months of age and over | 17 | | entering Illinois for
breeding or exhibition purposes shall be | 18 | | accompanied by an official
interstate health certificate, | 19 | | issued by an accredited veterinarian of the
state of origin, | 20 | | showing that such swine meet the Illinois entry
requirements | 21 | | and are negative to an official test for brucellosis conducted
| 22 | | by an official laboratory of the state of origin within 30 days | 23 | | prior to
entry. However, swine from a validated | 24 | | brucellosis-free herd or a
Validated Brucellosis-free Area may |
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| 1 | | enter the
State or be exhibited without a test for brucellosis | 2 | | when accompanied by a
certificate of health issued by an | 3 | | accredited veterinarian of the state of
origin or a | 4 | | veterinarian employed by the Animal and Plant Health Inspection
| 5 | | Service of the United States Department of Agriculture or any | 6 | | successor
agency, showing such swine to have originated from a | 7 | | Validated
Brucellosis-free Area or validated
Brucellosis-free | 8 | | brucellosis-free herd and giving the validated herd | 9 | | certificate number and
anniversary date.
| 10 | | (Source: P.A. 86-231.)
| 11 | | (510 ILCS 95/5) (from Ch. 8, par. 148j)
| 12 | | Sec. 5.
Illinois breeding swine 4 months of age and over | 13 | | for exhibition
within the State of Illinois shall meet all | 14 | | requirements for exhibition
purposes and shall also be | 15 | | accompanied by an official brucellosis
certificate of health | 16 | | showing the swine to have been negative to an official test for
| 17 | | brucellosis conducted within 90 days of date of exhibition | 18 | | unless such
swine originate are from a validated | 19 | | Brucellosis-free brucellosis-free or Validated | 20 | | Brucellosis-free Area herd as provided in Section 4
of this | 21 | | Act.
| 22 | | (Source: P.A. 76-226.)
| 23 | | (510 ILCS 30/1.9 rep.) | 24 | | Section 20. The Illinois Bovine Brucellosis Eradication |
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| 1 | | Act is amended by repealing Section 1.9.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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