(510 ILCS 95/1) (from Ch. 8, par. 148f)
Sec. 1.
As used in this Act, unless the context otherwise requires, words
and phrases have the meanings ascribed to them in the Sections following this Section and preceding Section 2.
(Source: P.A. 99-78, eff. 7-20-15.)
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(510 ILCS 95/1.1) (from Ch. 8, par. 148f.1)
Sec. 1.1.
"Department" or "Department of Agriculture", means the Department
of Agriculture of the State of Illinois.
(Source: Laws 1959, p. 2259.)
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(510 ILCS 95/1.2) (from Ch. 8, par. 148f.2)
Sec. 1.2.
"Brucella suis" or "brucellosis" means the disease wherein an animal of
the porcine species is infected with Brucella microorganisms, irrespective
of the occurrence or absence of clinical signs of infectious abortion.
(Source: P.A. 78-636.)
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(510 ILCS 95/1.3) (from Ch. 8, par. 148f.3)
Sec. 1.3.
"Official test" means any test approved by the Department and the
United States Department of Agriculture for the detection of swine
brucellosis which is based on the use of a standardized suspension
(antigen) of killed Brucella microorganisms in dilution of blood serum
taken from the animal to be tested.
(Source: P.A. 76-226.)
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(510 ILCS 95/1.4) (from Ch. 8, par. 148f.4)
Sec. 1.4.
"Infected animal" or "reactor" means an animal which has given a
reaction to any recognized test for the detection of brucellosis approved
by the Department, or if Brucella microorganisms have been found in the
body or in the body discharges.
(Source: Laws 1967, p. 564.)
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(510 ILCS 95/1.5) (from Ch. 8, par. 148f.5)
Sec. 1.5.
"Accredited veterinarian" means a veterinarian who is licensed by
the state in which he practices, is approved by the State Animal Health
Official of that state and is accredited by the United States Department of
Agriculture.
(Source: P.A. 77-120.)
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(510 ILCS 95/1.6) (from Ch. 8, par. 148f.6)
Sec. 1.6.
"Official brucellosis certificate" 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. The certificate shall contain the name and address of the
owner, an accurate description and identification of the swine by purebred
registration number, registry association approved individual tattoo, ear
notch, or by a tag placed in the right ear of the animal, and shall also
indicate the date and result of an official test for brucellosis.
(Source: P.A. 78-636.)
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(510 ILCS 95/1.7) (from Ch. 8, par. 148f.7)
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 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.
(Source: P.A. 97-25, eff. 6-28-11.)
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(510 ILCS 95/1.8) (from Ch. 8, par. 148f.8)
Sec. 1.8.
"Validated Brucellosis-free Area" means a state that meets
the classification standards established by the United States Department of
Agriculture in the Brucellosis Eradication Uniform Methods and Rules.
(Source: P.A. 86-231.)
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(510 ILCS 95/2) (from Ch. 8, par. 148g)
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 from a
validated brucellosis-free herd or originated from a Validated Brucellosis-free Area. Such test shall be recognized for one
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 ownership or premises occur within
60 days from date of test.
(Source: P.A. 97-25, eff. 6-28-11.)
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(510 ILCS 95/3) (from Ch. 8, par. 148h)
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 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.
(Source: P.A. 97-25, eff. 6-28-11.)
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(510 ILCS 95/4) (from Ch. 8, par. 148i)
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
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 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
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 herd and giving the validated herd certificate number and
anniversary date.
(Source: P.A. 97-25, eff. 6-28-11.)
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(510 ILCS 95/5) (from Ch. 8, par. 148j)
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
certificate of health showing the swine to have been negative to an official test for
brucellosis conducted within 90 days of date of exhibition unless such
swine originate from a validated Brucellosis-free or Validated Brucellosis-free Area herd as provided in Section 4
of this Act.
(Source: P.A. 97-25, eff. 6-28-11.)
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(510 ILCS 95/6) (from Ch. 8, par. 148k)
Sec. 6.
Quarantine.
When any animal in a herd is classified as a reactor
to an official test
for brucellosis, the Department shall quarantine any animal it deems
necessary to prevent the spread of the disease. Reactor swine shall be
tagged in the left ear with a reactor identification tag. Such reactors
shall not be offered for breeding purposes.
The Department may slaughter
such swine
whenever the Director finds, following an administrative hearing, such
destruction to be necessary to prevent or
reduce the danger of spreading swine brucellosis. If State funds are
available for paying indemnity, the Department shall pay to the owner of
swine so destroyed the appraisal value of such swine less any salvage value
received and less any indemnity paid by the Federal Government. In no case
shall any payment be more than $50 per head for grade swine or more than
$100 for any registered purebred animal or any breeding animal upon which a
certificate of registration has been issued by an approved inbred or hybrid
livestock registry association. The Department may, by regulation, increase
the indemnity payments to facilitate the program for eradication of swine
brucellosis. The swine shall be appraised jointly by the owner or his
representative and a representative of the Animal and Plant Health
Inspection Service of the United States Department of Agriculture or a
representative of the Department. Appraisal shall be at their actual value
for meat, feeding or breeding purposes at the time and place of appraisal.
In the case of grade animals, only females shall be eligible for appraisal
based on breeding value. Swine presented for appraisal as purebred, inbred
or hybrid shall be accompanied by their certificate of registry at the time
of appraisal or they shall be appraised as grades. In the absence of such
certificate of registry, the Department may grant a reasonable time for the
presentation of their certificate of registry to the appraiser.
(Source: P.A. 89-154, eff. 7-19-95.)
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(510 ILCS 95/6a) (from Ch. 8, par. 148k.1)
Sec. 6a.
Nothing in this Act shall be construed as preventing the movement
of swine into stockyards registered under the Packers and Stockyards Act, a
State-Federal approved slaughtering establishment or a marketing center.
(Source: P.A. 91-457, eff. 1-1-00.)
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(510 ILCS 95/7) (from Ch. 8, par. 148l)
Sec. 7.
The Department may make and adopt reasonable rules and regulations
for the administration and enforcement of the provisions of this Act.
(Source: Laws 1953, p. 971.)
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(510 ILCS 95/8) (from Ch. 8, par. 148m)
Sec. 8.
Administrative penalties.
Whoever violates any provision
of this Act, or any regulation
adopted under it, may be ordered, following an administrative hearing, to pay
the following administrative penalties:
(1) $300 for a first violation;
(2) $600 for a second violation; and
(3) $1,000 for a third and subsequent violation.
(Source: P.A. 89-154, eff. 7-19-95.)
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(510 ILCS 95/8.5)
Sec. 8.5.
Subpoenas.
The Department, over the signature of the Director,
is authorized
to
subpoena and bring before the Department any person or persons in this
State and to take testimony either orally or by deposition or by exhibit,
with the same fees and mileage and in the same manner as prescribed by law
in judicial proceedings in civil cases in circuit courts
of this State. The Director may issue subpoenas duces tecum to command the
production of any or all records relating to the person.
(Source: P.A. 89-154, eff. 7-19-95.)
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(510 ILCS 95/8.10)
Sec. 8.10.
Hearing rules.
The Illinois Administrative Procedure Act and
the Illinois
Department of
Agriculture rules adopted under that Act apply to hearings under
this Act.
(Source: P.A. 89-154, eff. 7-19-95.)
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(510 ILCS 95/8.15)
Sec. 8.15.
Judicial review.
All final administrative decisions of the
Department are subject to
judicial review under Article III of the Code of Civil Procedure and its rules.
The term "administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure. Proceedings for judicial review shall be commenced in the
circuit court of any county permitted by Section 3-104 of the Code of Civil
Procedure.
(Source: P.A. 89-154, eff. 7-19-95.)
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(510 ILCS 95/9) (from Ch. 8, par. 148n)
Sec. 9.
If any provision of this Act is declared unconstitutional or the
applicability thereof to any person or circumstance is held invalid, by a
court of competent jurisdiction, the constitutionality of the remainder of
this Act and the applicability thereof to other persons and circumstances
shall not be affected thereby.
(Source: P.A. 78-636.)
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(510 ILCS 95/10) (from Ch. 8, par. 148o)
Sec. 10.
This Act shall be known and may be cited as the Illinois Swine Brucellosis Eradication Act.
(Source: P.A. 78-636.)
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