(510 ILCS 100/1) (from Ch. 8, par. 501)
Sec. 1.
This Act shall be known and may be cited as the "Illinois Swine Disease
Control and Eradication Act".
(Source: P.A. 77-1731.)
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(510 ILCS 100/2) (from Ch. 8, par. 502)
Sec. 2.
As used in this Act, unless the context otherwise requires, words and
phrases have the meaning ascribed to them in Section 2.1 through 2.10.
(Source: P.A. 77-1731.)
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(510 ILCS 100/2.1) (from Ch. 8, par. 502.1)
Sec. 2.1.
"Department" means the Illinois Department of Agriculture.
(Source: P.A. 77-1731.)
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(510 ILCS 100/2.2) (from Ch. 8, par. 502.2)
Sec. 2.2.
"Director" means the Director of the Illinois Department of Agriculture.
(Source: P.A. 77-1731.)
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(510 ILCS 100/2.3) (from Ch. 8, par. 502.3)
Sec. 2.3.
"Animal and Plant Health Inspection Service" means the Animal and Plant
Health Inspection Service of the United States Department of Agriculture,
or any successor agency thereto.
(Source: P.A. 78-786.)
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(510 ILCS 100/2.4) (from Ch. 8, par. 502.4)
Sec. 2.4.
"Person" means any individual, firm or corporation.
(Source: P.A. 77-1731.)
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(510 ILCS 100/2.5) (from Ch. 8, par. 502.5)
Sec. 2.5.
"Accredited veterinarian" means a veterinarian who is licensed by the
state in which he practices, is approved by the Animal Health Official of
that state and is accredited by the Animal and Plant Health Inspection
Service.
(Source: P.A. 78-786.)
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(510 ILCS 100/2.6) (from Ch. 8, par. 502.6)
Sec. 2.6.
Feeder swine.
"Feeder swine" means all swine under 4 months
of age except those consigned directly to
slaughter or swine sold as breeding animals with a negative brucellosis test.
(Source: P.A. 89-154, eff. 7-19-95.)
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(510 ILCS 100/2.7) (from Ch. 8, par. 502.7)
Sec. 2.7.
Immediate slaughter.
"Immediate slaughter" means slaughter
within 10 days of purchase or possession.
(Source: P.A. 89-154, eff. 7-19-95.)
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(510 ILCS 100/2.10) (from Ch. 8, par. 502.10)
Sec. 2.10.
"Quarantine" means the condition in which swine shall be kept separate
and apart from and shall not be allowed to come in contact with other swine
in any way.
(Source: P.A. 77-1731.)
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(510 ILCS 100/3) (from Ch. 8, par. 503)
Sec. 3.
It is the duty of the owner or person having charge of any swine and
having knowledge of or reasonable grounds to suspect the existence among
such swine of any contagious or
infectious disease, as defined in Section 1 of the Illinois Diseased Animals
Act, to use all reasonable means to prevent the spread of
the disease. When such knowledge comes to such person that any swine had
died of, or had been slaughtered on account of any such disease, it is such
person's duty to immediately dispose of such swine as provided in "An Act
in relation to the disposal of dead animals", approved July 16, 1941, as
now or hereafter amended.
(Source: P.A. 90-385, eff. 8-15-97.)
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(510 ILCS 100/4) (from Ch. 8, par. 504)
Sec. 4.
The Department shall investigate all cases or suspected cases of any contagious
and infectious disease among swine in the
State which it considers necessary, and shall protect the health of swine
in the State from such diseases. The Department may prevent the importation
of swine into this State which it has reason to believe are infected with
any contagious or infectious disease or which have
been exposed thereto. For the purposes of this Act, the Department may
establish, maintain and enforce such quarantine regulations as it considers
necessary.
(Source: P.A. 86-231.)
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(510 ILCS 100/5) (from Ch. 8, par. 505)
Sec. 5.
No person shall transport upon or along any public highway or other
public grounds or any private lands any diseased swine, or swine known to
have died of, or have been slaughtered on account of any contagious or
infectious disease except that this Section shall not apply to a person
permitted to dispose of such swine under "An Act in relation to the
disposal of dead animals", approved July 16, 1941, as now or hereafter
amended.
(Source: P.A. 77-1731.)
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(510 ILCS 100/10) (from Ch. 8, par. 510)
Sec. 10.
No person shall transport feeder or breeding swine into the State
without first having applied for and received a permit from the Department.
The Department, when satisfied that there is no reasonable ground to suspect
the existence of any contagious or infectious disease affecting such swine, or
that the applicant for the permit has not been guilty of violations of this
Act, may issue the requested permit. The Department may, when it is determined
to be in the best interest of the livestock industry of the State, refuse to
issue entry permits.
(Source: P.A. 88-590, eff. 8-16-94.)
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(510 ILCS 100/11) (from Ch. 8, par. 511)
Sec. 11.
Application.
Application for a permit as required by Section
10 may be made by
the person making the shipment or by the person receiving the swine. Any permit
issued under this Act is valid for 72 hours from time of issuance to time of
delivery of the swine, and shall accompany the shipment. Such shipment shall
also be accompanied by a health certificate issued by an accredited
veterinarian of the state of origin or a veterinarian in the employ of the
Animal and Plant Health Inspection Service. Such health certificate shall
indicate the number of animals and description of same involved in the
shipment, shall show that the swine are free from evidence of any contagious,
infectious or communicable disease, and are not from a quarantined area. At
the time of issuance of the health certificate, an accredited veterinarian
shall ear tag or tattoo each head of feeding swine and the number of such tag
or tattoo shall appear on the health certificate, except that feeder swine
consigned from the farm of origin directly to a federally approved market shall
be tagged immediately upon arrival at the market if they arrive directly from
that state of origin.
Breeding
swine shall be
identified by registration number, ear tag, tattoo or ear notch approved by the
respective breed registry, and such identification shall appear on the health
certificate. Ear tag or tattoo numbers for feeder swine which originate from
cooperative feeder pig sales do not have to be listed on the health certificate
if the location of the record of such numbers is shown on the health
certificate. All ear tags or tattoos shall indicate the state of origin of the
swine.
The consignee shall be furnished with a copy of the health certificate
which shall be delivered to the receiver of the swine, and a copy bearing
the approval of the Animal Health Official of the state of origin must be
filed with the Department.
(Source: P.A. 88-590, eff. 8-16-94; 89-154, eff. 7-19-95.)
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(510 ILCS 100/12) (from Ch. 8, par. 512)
Sec. 12.
The applicant for the permit shall return the permit to the Department
within 5 days of the delivery of the shipment of swine covered by the
permit together with names, addresses, and number of swine received by
persons accepting delivery of the shipment. All swine imported into the
State under a permit issued by the Department shall be subject to
examination by any authorized agent of the Department upon request or may
be examined at the discretion of the Department itself. No person shall
give false information in applying for a permit nor use it for any shipment
of swine other than that designated in the application.
(Source: P.A. 77-1731.)
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(510 ILCS 100/14) (from Ch. 8, par. 514)
Sec. 14.
Swine may enter the State destined for immediate slaughter or for resale
for immediate slaughter if accompanied by a consignment form showing the
point of origin, the number of animals in the shipment, the destination,
the date of shipment and identification of the vehicle transporting the
shipment. Such swine may not be consigned from a quarantined area unless
accompanied by a permit from the Department and shall not have been fed
garbage.
(Source: P.A. 77-1731.)
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(510 ILCS 100/15) (from Ch. 8, par. 515)
Sec. 15.
The Department shall enforce this Act and may make and adopt reasonable
and necessary rules and regulations to carry out this Act. The Department,
or its representatives, in performing its duties under this Act may enter,
during usual working hours, any premise, barns, sheds or other places where
swine are kept, for the purpose of administering this Act.
(Source: P.A. 77-1731.)
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(510 ILCS 100/16) (from Ch. 8, par. 516)
Sec. 16.
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
the Act and the applicability thereof to other persons and circumstances
shall not be affected thereby.
(Source: P.A. 77-1731.)
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(510 ILCS 100/17) (from Ch. 8, par. 517)
Sec. 17.
Administrative penalties.
Any person who violates this Act or any
regulation
adopted under this Act 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 100/17.5)
Sec. 17.5.
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 100/17.10)
Sec. 17.10.
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 100/17.15)
Sec. 17.15.
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 100/18) (from Ch. 8, par. 518)
Sec. 18.
The following Acts are repealed: "An Act to prevent the spread of
contagious and infectious diseases among swine", approved June 21, 1895, as
amended; "An Act prohibiting the sale or use of live virus in the control
of hog cholera", approved May 1, 1957; "An Act to prohibit the entry into
this State of feeder pigs which have been vaccinated with virulent live
cholera virus", approved July 10, 1959; "An Act in relation to the
vaccination of feeder swine imported into Illinois, with anti-hog cholera
serum and modified live virus hog cholera vaccine", approved July 17, 1959,
as amended; "An Act relating to the sale of swine in Illinois that have not
been vaccinated against hog cholera", approved July 26, 1963, as amended;
and "An Act providing for the destruction of swine affected with or exposed
to hog cholera, the payment of indemnities to owners, and to make an
appropriation therefore", approved May 14, 1965, as amended.
(Source: P.A. 77-1731.)
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