State of Illinois
90th General Assembly
Legislation

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90_HB1177

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          Amends the  Civil  Administrative  Code  of  Illinois  in
      relation  to  the  State  fair  grounds.  Amends the Soil and
      Water Conservation Districts Act in relation to  organization
      of  the  governing  body.   Amends  the  Illinois Egg and Egg
      Products  Act  in  relation  to  temperature   and   labeling
      requirements.    Amends   the   Illinois  Bovine  Brucellosis
      Eradication Act in relation to defining "cattle" and "bison",
      branding animals classified as reactors to a  test,  shipping
      of  dairy  or  breeding  cattle, shipping of female cattle of
      beef breeds, and the duty of persons before accepting  cattle
      or   bison   for   shipment.    Amends  the  Illinois  Bovine
      Tuberculosis Eradication Act in relation to  branding  cattle
      that  have  reacted to a tuberculin test and selling reacting
      cattle.   Removes  provision  permiting  the  Department   of
      Agriculture  to  allow  the sale and transfer of cattle under
      quarantine.  Adds bison, sheep, goats, antelopes, and cervids
      to certain provisions of the Act.  Repeals  the  Agricultural
      Foreign Investment Disclosure Act.  Effective immediately.
                                                    LRB9000173NTsbC
                                              LRB9000173NTsbC
 1        AN ACT concerning agriculture, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Civil Administrative Code of Illinois  is
 5    amended by changing Section 42 as follows:
 6        (5 ILCS 620/42) (from Ch. 127, par. 42)
 7        Sec.  42.  The  people  of  the  State  of Illinois shall
 8    succeed to all the right, title and interest of the  Illinois
 9    Department  State  Board  of  Agriculture in and to the State
10    fair grounds, and to all lands, buildings, money,  unexpended
11    appropriations or other property connected therewith.
12    (Source: Laws 1917, p. 2.)
13        Section  10.  The  Soil  and Water Conservation Districts
14    Act is amended by changing Section 21 as follows:
15        (70 ILCS 405/21) (from Ch. 5, par. 126)
16        Sec. 21.  Organization of governing body.  The  directors
17    shall elect one of their members as chairman to hold for such
18    time  as  the  directors may determine but no longer than the
19    term for which he was elected.  A majority of  the  directors
20    shall  constitute  a quorum and the concurrence of a majority
21    of  a  quorum  in  any  matter  shall  be  required  for  its
22    determination.  Directors may receive reasonable compensation
23    for their services not to exceed  $20  per  day  and  may  be
24    reimbursed   for   expenses,  including  traveling  expenses,
25    necessarily incurred in the discharge of their  duties.   The
26    directors   may  employ  such  technical  assistants  as  the
27    district needs.  The directors may also  employ  a  secretary
28    and  such other officers, agents and employees, permanent and
29    temporary, as they may  require  and  shall  determine  their
                            -2-               LRB9000173NTsbC
 1    qualifications,  duties  and compensation.  The directors may
 2    delegate to their chairman  or  to  one  or  more  agents  or
 3    employees  such  powers  and  duties as they deem proper. The
 4    directors shall keep  a  record  of  all  their  actions  and
 5    proceedings  and  of  all resolutions, regulations and orders
 6    issued or adopted by them; and shall adopt a seal, which seal
 7    shall be judicially noticed.
 8        The directors shall provide for the execution  of  surety
 9    bonds  for  all employees and officers who shall be entrusted
10    with funds or property;  and  shall  provide  for  an  annual
11    financial  report of the results of an examination and review
12    audit of the accounts of  receipts  and  disbursements  in  a
13    manner prescribed by the Department.
14        The  directors  may provide employee benefits through the
15    Illinois Municipal Retirement Fund if the district meets  the
16    applicable  requirements of the Illinois Pension Code and the
17    Federal Social Security Act.
18        The directors may invite  any  municipal  corporation  or
19    county  located  near  the  territory  comprised  within  the
20    district  to designate a representative to advise and consult
21    with the directors  of  the  district  on  all  questions  of
22    program  and  policy  which  may  affect the property, roads,
23    water  supply,  or  other   interests   of   such   municipal
24    corporation or county.
25    (Source: P.A. 82-245.)
26        Section  15.  The Livestock Auction Market Law is amended
27    by changing Section 8d as follows:
28        (225 ILCS 640/8d) (from Ch. 121 1/2, par. 215d)
29        Sec. 8d.  Other Acts.  All persons  licensed  under  this
30    Act must also comply with all the provisions of the "Illinois
31    Bovine  Brucellosis  Eradication  Act"  and the rules adopted
32    pursuant to that law,  the  "Illinois  Bovidae  and  Cervidae
                            -3-               LRB9000173NTsbC
 1    Bovine  Tuberculosis  Eradication  Act" and the rules adopted
 2    pursuant to that law, the "Illinois Diseased Animals Act" and
 3    the rules adopted pursuant to that law, "An Act providing for
 4    the  licensing  of  feeder  swine  dealers,  regulating  such
 5    business, and providing penalties for violations hereof"  and
 6    the  rules  adopted  pursuant  to  that  law,  the  "Illinois
 7    Livestock   Dealer  Licensing  Act"  and  the  rules  adopted
 8    pursuant to that law, the "Slaughter  Livestock  Buyers  Act"
 9    and  the  rules  adopted  pursuant to that law, the "Illinois
10    Swine Brucellosis Eradication  Act"  and  the  rules  adopted
11    pursuant to that law, the "Illinois Swine Disease Control and
12    Eradication  Act" and the rules adopted pursuant to that law,
13    the Illinois Equine Infectious Anemia  Control  Act  and  the
14    rules  adopted under that Act, and the "Illinois Pseudorabies
15    Control Act" and the rules adopted pursuant to that law.
16    (Source: P.A. 89-154, eff. 1-1-96.)
17        Section 20.  The Illinois Livestock Dealer Licensing  Act
18    is amended by changing Section 19.1 as follows:
19        (225 ILCS 645/19.1) (from Ch. 111, par. 420.1)
20        Sec. 19.1.  All persons licensed under this Act must also
21    comply  with  all  the  provisions  of  the  "Illinois Bovine
22    Brucellosis Eradication Act" and the rules  adopted  pursuant
23    to  that  law,  the  "Illinois  Bovidae  and  Cervidae Bovine
24    Tuberculosis Eradication Act" and the rules adopted  pursuant
25    to  that  law,  the  "Illinois  Diseased Animals Act" and the
26    rules adopted pursuant to that  law,  the  "Humane  Care  for
27    Animals  Act" and the rules adopted pursuant to that law, the
28    "Livestock Auction Market Law" and the rules adopted pursuant
29    to that law, and the "Illinois Swine Brucellosis  Eradication
30    Act"  and  the  rules  adopted  pursuant to that law, and the
31    "Illinois Pseudorabies Control Act"  and  the  rules  adopted
32    pursuant to that law.
                            -4-               LRB9000173NTsbC
 1    (Source: P.A. 85-165; 85-171.)
 2        Section   25.   The  Illinois Egg and Egg Products Act is
 3    amended by changing Section 6 as follows:
 4        (410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)
 5        Sec. 6.  Candling; labeling; sales by  producers;  retail
 6    sales;  temperature requirements.  All eggs sold at retail or
 7    purchased by institutional  consumers  must  be  candled  for
 8    quality and graded for size.
 9        A  producer  may sell, direct to a household consumer for
10    that consumer's personal use and that  consumer's  non-paying
11    guests,  eggs  produced  by  a  producer's  own birds without
12    candling or grading the eggs.
13        A producer may sell on his own premises  where  eggs  are
14    produced,  direct  to household consumers, for the consumer's
15    personal use and  that  consumer's  non-paying  guests,  eggs
16    classified  as checks and dirties without candling or grading
17    those eggs.
18        All  eggs  designated  for  sale   at   retail   or   for
19    institutional  use  must  be candled and graded and held in a
20    place or room in which the ambient temperature may not exceed
21    45 degrees Fahrenheit after processing.  Nest run eggs  shall
22    be  held at 60 degrees Fahrenheit ambient temperature or less
23    at  all  times.  During  transportation,  the   ambient   egg
24    temperature may not exceed 45 degrees Fahrenheit.
25        Hatcheries   buying   eggs  for  hatching  purposes  from
26    producers under contract may sell their  surplus  eggs  to  a
27    licensed  packer  or handler provided that the hatchery shall
28    keep records which indicate the number  of  cases  sold,  the
29    date  of  sale  and  the  name  and  address of the packer or
30    handler making the purchase.
31        All eggs candled or candled and graded outside the  State
32    must  meet  Federal  standards  before  they  can  be sold or
                            -5-               LRB9000173NTsbC
 1    offered for sale in the State.  All eggs candled  or  candled
 2    and  graded  must  be  recandled  and regraded if not sold at
 3    retail within 30 days of the original candling date.
 4        Each container of  eggs  offered  for  sale  or  sold  at
 5    wholesale  or  retail  must be labeled in accordance with the
 6    standards established by the Department showing grade,  size,
 7    packer  identification,  and  packing date, and an expiration
 8    date not later than 30 days after the packing date.  The date
 9    of candling and an expiration date not  later  than  30  days
10    after  the  date  of  packing must appear in lettering on the
11    container in which  the  eggs  are  offered  for  sale.  Eggs
12    identified  as  grade  AA  shall  have an expiration date not
13    later than 15 days after the date of packing.
14        The grade and size of eggs must be  conspicuously  marked
15    in bold  face type on all consumer-size containers.
16        The size and height of lettering or numbering requirement
17    shall  be  set  by  regulation  and  shall conform as near as
18    possible to those required by Federal law.
19        All advertising of shell eggs for sale at  retail  for  a
20    stated  price  shall  contain the grade and size of the eggs.
21    The information contained in such advertising  shall  not  be
22    misleading  or  deceptive.  In  cases  of  food-borne disease
23    outbreaks in which eggs are identified as the source  of  the
24    disease,   all   eggs   from  the  flocks  from  which  those
25    disease-causing eggs came shall be identified with a producer
26    identification or flock code number to control  the  movement
27    of those eggs.
28    (Source: P.A. 89-154, eff. 7-19-95.)
29        Section  30.  The Illinois Bovine Brucellosis Eradication
30    Act is amended by adding Sections 1.14 and 1.15 and  changing
31    Sections 5, 6.1, 6.3, and 7 as follows:
32        (510 ILCS 30/1.14 new)
                            -6-               LRB9000173NTsbC
 1        Sec.  1.14.  Cattle.   The term "cattle" means any member
 2    of the family bovidae of the genus bos, including all  exotic
 3    types  of  cattle and oxen but excluding antelope, sheep, and
 4    goats.
 5        (510 ILCS 30/1.15 new)
 6        Sec. 1.15.  Bison.  The term "bison" means any member  of
 7    the  genus bison, including buffalo, exotic types of buffalo,
 8    and crossbred bison or buffalo such as beefalo and cattalo.
 9        (510 ILCS 30/5) (from Ch. 8, par. 138)
10        Sec. 5. When one or more animals  in  a  herd  have  been
11    classified  as reactors to an official test, the entire herd,
12    except steers, spayed heifers and calves under  6  months  of
13    age,  shall  be  quarantined  immediately  and  the  owner so
14    notified. An accredited veterinarian or a veterinarian in the
15    employ of the Animal and Plant Health Inspection  Service  of
16    the United States Department of Agriculture, or any successor
17    agency,   shall   permanently  hot  iron  brand  each  animal
18    classified as a reactor, within 15 days after  classification
19    of  such  animal  as  a reactor, on the left hip jaw with the
20    letter "B", such letter to be not less than 2 nor more than 3
21    inches in height, and shall place  a  special  identification
22    tag  in  the  left  ear  of  such  reactor.  The veterinarian
23    applying an official test for brucellosis  shall  immediately
24    notify the Department of each such reactor on forms furnished
25    by the Department, giving the number of the tag placed in the
26    left ear and the number of any tag in the right ear. Reactors
27    shall  be  shipped for slaughter within 30 days of test date,
28    except that  the  Department  may,  upon  request,  grant  an
29    extension  of  not  more  than 30 days. Suspect animals which
30    have a  history  of  having  aborted  and  are  from  a  herd
31    containing  reactors  may  be  designated  as reactors by the
32    veterinarian obtaining the blood samples,  when  approved  by
                            -7-               LRB9000173NTsbC
 1    the Department. Suspect animals in herds under quarantine due
 2    to brucellosis infection may be designated as reactors by the
 3    Department if deemed advisable in the interest of brucellosis
 4    eradication.    No    person   shall   remove   any   reactor
 5    identification tag.
 6        All animals classified as suspects to  an  official  test
 7    shall  be positively identified and their movement restricted
 8    to the premises where found until they are retested and found
 9    negative, or identified as reactors.
10    (Source: P.A. 85-323.)
11        (510 ILCS 30/6.1) (from Ch. 8, par. 139.1)
12        Sec. 6.1. Shipping of dairy or breeding cattle. No  dairy
13    or breeding cattle more than 6 months of age shall be shipped
14    from any public stockyards in Illinois consigned to any point
15    within the State unless they are accompanied by a certificate
16    of   health   issued  by  an  accredited  veterinarian  or  a
17    veterinarian  employed  by  the  Animal  and   Plant   Health
18    Inspection   Service  of  the  United  States  Department  of
19    Agriculture, or any successor agency, showing  them  to  have
20    been  negative  to  an official test for brucellosis prior to
21    release from such public stockyards or be under 24 months  of
22    age for beef breeds and 20 months of age for dairy breeds and
23    accompanied  by  a  record  of  official brucellosis calfhood
24    vaccination.
25        Cattle consigned to public  stockyards  in  Illinois  may
26    enter  such public stockyards without test or certificates of
27    health showing them to be  free  from  brucellosis,  however,
28    these  animals  must  be  negative  to  an  official test for
29    brucellosis before they are removed to an Illinois farm.
30    (Source: P.A. 88-91; 88-457.)
31        (510 ILCS 30/6.3) (from Ch. 8, par. 139.3)
32        Sec. 6.3.  Female cattle of the beef breeds  over  6  and
                            -8-               LRB9000173NTsbC
 1    under  18  months  of  age,  for feeding and grazing purposes
 2    only, may enter the State  or  may  be  shipped  from  public
 3    stockyards,  marketing centers, or auction markets within the
 4    State without test for brucellosis.  Such  cattle  are  under
 5    quarantine until they have passed a negative brucellosis test
 6    and  such  test  is  reported  to  the Department, or until a
 7    report of  their  disposal  for  slaughter  is  made  to  the
 8    Department.  They  may  be  held  in  quarantine without test
 9    during their feeding and grazing period, which  period  shall
10    not  exceed 12 months from date of entry. Upon application to
11    the Department and at the discretion of the  Department  such
12    period may be extended for an additional period not to exceed
13    90  days. At the expiration of the feeding and grazing period
14    the cattle shall be sold for immediate  slaughter  or  tested
15    for  brucellosis at the expense of the owner. The owner shall
16    report  such  disposition  to  the  Department.  Such  cattle
17    classified as reactors to an official  test  for  brucellosis
18    shall  be  sold  for  immediate slaughter and the owner shall
19    report their disposal to the Department.
20    (Source: P.A. 80-518.)
21        (510 ILCS 30/7) (from Ch. 8, par. 140)
22        Sec.  7.   Before  accepting  any  cattle  or  bison  for
23    shipment into the State of Illinois or  consigned  to  points
24    within  the State of Illinois, except to public stockyards or
25    to a State or Federal  approved  slaughtering  establishment,
26    every  person, transportation company or truck operator shall
27    require that a certificate of health or permit or  any  other
28    health  or  slaughter  forms  required to accompany cattle or
29    bison,  as required in the  orders  and  regulations  of  the
30    Department,  be  furnished them to be attached to the waybill
31    and accompany the animal to  its  destination.  Such  person,
32    transportation  company,  or  truck  operator shall have such
33    certificate of health or permit in his or its  possession  at
                            -9-               LRB9000173NTsbC
 1    all  times from the loading of such animal to the delivery of
 2    such animal at its destination, and available for  inspection
 3    upon demand.
 4    (Source: P.A. 80-518.)
 5        Section 35.  The Illinois Bovine Tuberculosis Eradication
 6    Act  is  amended by changing Sections 1, 1.3, 1.6, 1.8, 2, 3,
 7    4, 5, 6, 7, 9, 10, 12.5, 12.6, 13, 14, 15, 17a, 18,  19,  and
 8    22  and  adding  Sections  1.9, 1.10, 1.11, 1.12, and 1.13 as
 9    follows:
10        (510 ILCS 35/1) (from Ch. 8, par. 87)
11        Sec.  1.  Definitions.   Unless  the  context   otherwise
12    requires,  the words, terms and phrases used in this Act have
13    the meanings ascribed to them in the following  Sections  1.1
14    through 1.8.
15    (Source: P.A. 83-760.)
16        (510 ILCS 35/1.3) (from Ch. 8, par. 87.3)
17        Sec.  1.3.  Quarantine.  "Quarantine"  means condition in
18    which members of the families bovidae or cervidae as  defined
19    in this Act cattle shall be kept separate and apart from, and
20    not allowed to come in contact in any way with, other cattle,
21    bison, sheep, goats, antelope, or cervidae.
22    (Source: Laws 1967, p. 512.)
23        (510 ILCS 35/1.6) (from Ch. 8, par. 87.6)
24        Sec.  1.6.  Tuberculous  reactor;  reactor.  "Tuberculous
25    reactor"  or  "reactor"  means  cattle,  bison, sheep, goats,
26    antelope, or cervidae that evidence  a  bovine  animal  which
27    evidences a systemic or local reaction after the injection of
28    tuberculin.
29    (Source: Laws 1967, p. 512.)
                            -10-              LRB9000173NTsbC
 1        (510 ILCS 35/1.8) (from Ch. 8, par. 87.8)
 2        Sec.  1.8.  Tuberculosis  suspect. "Tuberculosis suspect"
 3    means any cattle, bison, sheep, goats, antelope, or  cervidae
 4    bovine that show shows a response to a caudal fold tuberculin
 5    test  or  single  cervical  tuberculin  test  in  the case of
 6    cervidae and are is  not  classified  a  reactor  or  cattle,
 7    bison,  sheep, goats, antelope, or cervids that have a bovine
 8    which has been classified a suspect by a comparative cervical
 9    test.
10    (Source: P.A. 83-760.)
11        (510 ILCS 35/1.9 new)
12        Sec. 1.9.  Cattle.  "Cattle"  means  any  member  of  the
13    family  bovidae  of the genus bos, including all exotic types
14    of cattle and oxen.
15        (510 ILCS 35/1.10 new)
16        Sec. 1.10.  Bison.  "Bison" means any member of the genus
17    bison,  including  buffalo,  exotic  types  of  buffalo,  and
18    crossbred bison or buffalo such as beefalo and cattalo.
19        (510 ILCS 35/1.11 new)
20        Sec. 1.11.  Sheep and goats.  "Sheep"  and  "goats"  mean
21    any  member  of the family bovidae of the subfamily Caprinae,
22    which  includes  all  domestic  and  wild  members   of   the
23    subfamily.
24        (510 ILCS 35/1.12 new)
25        Sec. 1.12.  Antelope.  "Antelope" means any member of the
26    family bovidae of the subfamily Antilopinae.
27        (510 ILCS 35/1.13 new)
28        Sec.  1.13.  Cervidae  or cervid.  "Cervidae" or "cervid"
29    means any member of the family cervidae, including all  types
                            -11-              LRB9000173NTsbC
 1    of  domestic  and  wild  deer,  moose,  and elk maintained in
 2    captivity.
 3        (510 ILCS 35/2) (from Ch. 8, par. 88)
 4        Sec.  2.  Testing  required.   All  owners  of  dairy  or
 5    breeding cattle, bison, sheep, goats,  antelope,  or  cervids
 6    within  the  State  of  Illinois  shall  submit their cattle,
 7    bison, sheep, goats, antelope, or cervids  for  a  tuberculin
 8    test upon request of the Department of Agriculture, and shall
 9    provide necessary facilities for making tests and render such
10    assistance  as  may be required by the Department. The direct
11    expense of making such tests shall be paid by the Department.
12    (Source: P.A. 77-110.)
13        (510 ILCS 35/3) (from Ch. 8, par. 89)
14        Sec. 3. Authorization of veterinarian; results  of  test.
15    The Department may authorize any accredited veterinarian or a
16    veterinarian  employed  by  the  United  States Department of
17    Agriculture or any successor agency to conduct  a  bovine  or
18    cervid   tuberculin test. Immediately upon completion of such
19    test, the veterinarian shall forward the results of the  test
20    on prescribed forms to the Department.
21    (Source: P.A. 82-700.)
22        (510 ILCS 35/4) (from Ch. 8, par. 90)
23        Sec.  4.  Destruction  of infected animals; depopulation.
24    If, upon making any tests, as provided in this Act, it  shall
25    appear  that  any such cattle, bison, sheep, goats, antelope,
26    or cervids are affected with tuberculosis, it  shall  be  the
27    duty   of   the   Department  of  Agriculture  to  cause  the
28    destruction thereof, in such manner as  may  be  deemed  most
29    expedient.
30        The   entire  herd  or  flock  may  be  depopulated  when
31    Mycobacterium bovis  infection  is  confirmed  in  a  cattle,
                            -12-              LRB9000173NTsbC
 1    bison,  sheep,  goat,  antelope,  or  cervid  herd  or  flock
 2    through   examination   of   tissues  at  the  United  States
 3    Department  of  Agriculture  Veterinary  Services  Diagnostic
 4    Laboratory  at  Ames,  Iowa,  or  a   comparable   accredited
 5    laboratory,  or  with  the  consent of the owner when lesions
 6    indicative of tuberculosis are disclosed at slaughter and the
 7    tuberculin test results,  herd  history  and  epidemiological
 8    studies provide a basis for such depopulation.
 9    (Source: P.A. 83-760.)
10        (510 ILCS 35/5) (from Ch. 8, par. 91)
11        Sec.  5.   Branding  infected  animals;  quarantine.  All
12    cattle, bison, sheep, goats, antelope, or cervids that  which
13    have  now  reacted or shall hereafter react to the tuberculin
14    test shall, immediately upon  such  reaction,  be  marked  by
15    branding  on  the  left hip jaw with a letter "T". The letter
16    shall be not less than two nor  more  than  three  inches  in
17    length, and the animal shall be tagged in the left ear with a
18    special tag to be furnished by the Department of Agriculture.
19    It  is  the  duty of the veterinarian applying the tuberculin
20    test to immediately notify the Department of  Agriculture  of
21    such   reactors,  and  to  brand  and  tag  such  animals  as
22    prescribed in this Act.
23        No person shall remove any such identification tag.
24        On receipt of such notice the Department  of  Agriculture
25    shall mail, or deliver to the owner of such reacting animal a
26    written  quarantine  notice  to prohibit the movement of such
27    animal from the  premises  where  found,  except  for  direct
28    shipment to an approved stockyard or an approved slaughtering
29    establishment,  and to further prohibit the movement from the
30    premises of any other animals in the herd except  on  written
31    permit  from the Department, until the quarantine is released
32    by the Department. Depositing such notice in any post office,
33    letter box, or other receptacle erected  and  maintained  for
                            -13-              LRB9000173NTsbC
 1    the receipt of mail is sufficient notice of such quarantine.
 2        The  Department  may  quarantine  cattle,  bison,  sheep,
 3    goats,  antelope, or cervids suspected of being infected with
 4    tuberculosis. Suspicion of tuberculosis infection in the herd
 5    may be based upon, but is not specifically  limited  to,  the
 6    presence of lesions grossly indicative of Mycobacterium bovis
 7    and  confirmed  by  laboratory  examination,  revealed  in an
 8    animal at time of slaughter  or  autopsy  with  a  subsequent
 9    trace  made  to  the  herd  of  origin of the animal or, when
10    cattle, bison, sheep, goats, antelope, or cervids originating
11    from an infected  herd  have  been  sold  or  transferred  to
12    another  herd  or,  possible contact of cattle, bison, sheep,
13    goats, antelope,  or  cervids,  either  through  physical  or
14    mechanical means, with animals from an infected herd, or when
15    tracing  and  epidemiologic analysis indicate possible spread
16    from an infected herd. Such quarantine shall remain in effect
17    until official  tests  or  autopsies  fail  to  disclose  the
18    presence of tuberculosis.
19        The  owner  of  cattle, bison, sheep, goats, antelope, or
20    cervids under quarantine shall  comply  with  all  quarantine
21    measures  which are considered necessary by the Department of
22    Agriculture  and  bear  all  expense  connected   with   such
23    quarantine.
24        The  Department  of  Agriculture  may  allow the sale and
25    transfer  of  cattle  under  quarantine   subject   to   such
26    reasonable regulations as the Department may prescribe.
27    (Source: P.A. 83-760.)
28        (510 ILCS 35/6) (from Ch. 8, par. 92)
29        Sec.  6.  Appraisal and payment for animals destroyed. If
30    any cattle, bison, or cervids tested for  tuberculosis  under
31    this  Act  react  to the test and are destroyed, the State of
32    Illinois shall pay to the owner of  such  cattle,  bison,  or
33    cervids an indemnity of $200 for any grade animal or $400 for
                            -14-              LRB9000173NTsbC
 1    any  registered  animal.  The  Department may, by regulation,
 2    increase the indemnity payments to facilitate the program for
 3    eradication of tuberculosis. No payment shall be made  unless
 4    the   owner   has   complied   with   all  lawful  quarantine
 5    regulations.
 6        Before payment of indemnity, the owner shall  present  to
 7    the Department the registration certificates covering animals
 8    registered  with  an approved registry association, otherwise
 9    indemnity payment shall be made as grade. A reasonable length
10    of time shall be allowed for  the  registration  of  eligible
11    animals that are under 3 years of age.
12        When   the   complete   herd  depopulation  procedure  is
13    followed, the State shall pay to the owner of cattle,  bison,
14    or  cervids  destroyed  the  appraisal  value of such cattle,
15    bison, or cervids, less any salvage value received  and  less
16    any indemnity received from the Federal Government, but in no
17    case  shall  the  State  indemnity  payment exceed $200 for a
18    grade animal or $400  for  a  registered  animal,  except  as
19    provided  in  Section  7  of  this Act. All cattle, bison, or
20    cervids  in  a  herd,  regardless  of  test  status,  may  be
21    destroyed when Mycobacterium bovis is confirmed in the herd.
22    (Source: P.A. 83-760.)
23        (510 ILCS 35/7) (from Ch. 8, par. 93)
24        Sec. 7.  Failure of U.S. government to cooperate; payment
25    for animals destroyed. If at any time  the  Congress  of  the
26    United  States  fails  or refuses to make an appropriation to
27    assist in the eradication of tuberculosis and in the  payment
28    for cattle, bison, or cervids destroyed under this Act, or if
29    for  any  other reason or in any other way the cooperation of
30    the United States  Government  is  withdrawn,  the  State  of
31    Illinois  shall  pay  to  the  owner of any cattle, bison, or
32    cervids tested for tuberculosis which react and are destroyed
33    under this Act an additional indemnity of $200 for any  grade
                            -15-              LRB9000173NTsbC
 1    animal  or  $400 for any registered animal. When the complete
 2    herd depopulation procedure is followed and  funds  from  the
 3    United  States Government are not available or are withdrawn,
 4    the State shall pay to the owner of cattle, bison, or cervids
 5    destroyed the appraisal  value  of  such  cattle,  bison,  or
 6    cervids,  less  any  salvage  value  received, but in no case
 7    shall the State indemnity payment exceed $400 for  any  grade
 8    animal or $800 for any registered animal. The Department may,
 9    by  regulation, increase the indemnity payments to facilitate
10    the program for eradication of tuberculosis. If at  any  time
11    the   State   of   Illinois  fails  or  refuses  to  make  an
12    appropriation for the  eradication  of  tuberculosis  and  in
13    payment  for  cattle,  bison,  or cervids destroyed under the
14    provisions of this Act, or if at any time  the  appropriation
15    made  by  the General Assembly of this State for such purpose
16    shall become exhausted, the  testing  of  cattle,  bison,  or
17    cervids  as provided for in this Act shall be suspended until
18    such time as money shall be available for payment of  cattle,
19    bison, or cervids destroyed under this Act.
20    (Source: P.A. 83-760.)
21        (510 ILCS 35/9) (from Ch. 8, par. 95)
22        Sec.   9.  Certificate  of  tuberculosis-free  herd.  The
23    Department  of  Agriculture   shall   establish   rules   for
24    determining  when  a herd of cattle, bison, goats, or cervids
25    shall be considered as tuberculosis-free. When any herd meets
26    such  requirements  the  owner  shall  be   entitled   to   a
27    certificate  from  the Department of Agriculture showing that
28    the  herd  is  a  tuberculosis-free  accredited  herd.   Such
29    certificate  shall  be  revoked  whenever  the herd no longer
30    meets the necessary requirements for an accredited herd,  but
31    the  herd  may  be  reinstated  as  an  accredited  herd upon
32    subsequent  compliance  with  such  requirements.  "Herd"  as
33    herein used shall include one or any number of cattle, bison,
                            -16-              LRB9000173NTsbC
 1    goats, or cervids.
 2    (Source: Laws 1929, p. 7.)
 3        (510 ILCS 35/10) (from Ch. 8, par. 96)
 4        Sec. 10. Sale, distribution, and use of  tuberculin;  who
 5    may test. The Department shall control the sale, distribution
 6    and  use  of all tuberculin in the State, and shall formulate
 7    rules for  its  distribution  and  use.  Only  an  accredited
 8    veterinarian  or a veterinarian employed by the United States
 9    Department of Agriculture or any successor agency shall apply
10    a tuberculin test to cattle, bison, sheep,  goats,  antelope,
11    or cervids in this State.
12    (Source: P.A. 82-700.)
13        (510 ILCS 35/12.5) (from Ch. 8, par. 98.5)
14        Sec.  12.5.  Animals  for  immediate  slaughter.  Cattle,
15    bison,  sheep,  goats,  antelope,  or  cervids  for immediate
16    slaughter consigned to a recognized slaughtering  center  may
17    be  shipped  into  Illinois without a tuberculin test, health
18    certificate, or other entry certificates.
19    (Source: P.A. 83-760.)
20        (510 ILCS 35/12.6) (from Ch. 8, par. 98.6)
21        Sec. 12.6.  Negative tuberculin test;  quarantine.  When,
22    for the protection of the livestock herds of Illinois, and in
23    the  interest  of  the  general public, in the opinion of the
24    Department  of  Agriculture  it  is  deemed  advisable,  said
25    Department shall have the authority  to  require  a  negative
26    tuberculin  testing  test prior to entry into Illinois and or
27    prior to  exhibition  in  Illinois,  and  to  quarantine  for
28    tuberculosis  all cattle, sheep, goats, antelope, cervids, or
29    bison shipped into Illinois  or  from  a  public  stock  yard
30    through   regulations   promulgated  by  the  Department  and
31    approved by the Advisory Board  of  Livestock  Commissioners.
                            -17-              LRB9000173NTsbC
 1    However,  no tuberculin test shall be required for any cattle
 2    exhibiting in the State of Illinois  that  originate  from  a
 3    Tuberculosis  Accredited  Free  State  as  defined  under the
 4    Bovine Tuberculosis Eradication  Uniform  Methods  and  Rules
 5    approved by the U. S. Department of Agriculture.
 6    (Source: P.A. 85-175.)
 7        (510 ILCS 35/13) (from Ch. 8, par. 99)
 8        Sec.  13.  Importation  of  animals; certificates. Before
 9    accepting consignment of cattle, bison, antelope, or  cervids
10    for  importation  into  the  State  of Illinois, all persons,
11    transportation companies, or truck operators,  shall  require
12    that  a  copy  of  the  certificate  of health, or permit, or
13    Federal Inspection Certificate, covering the animals  in  the
14    shipment,  as  required  in the orders and regulations of the
15    Department, be delivered  to  them  to  be  attached  to  the
16    waybill  and  accompany the shipment to its destination. Such
17    certificates must be carried by the person in charge of  said
18    cattle,  bison,  antelope,  or  cervids  and be available for
19    inspection upon demand. A copy of the certificate  of  health
20    under  which  cattle, bison, antelope, or cervids are brought
21    into the State of Illinois, bearing the approval of the State
22    Animal Health Official of the State of origin, must be mailed
23    to the Department of Agriculture.
24    (Source: P.A. 77-110.)
25        (510 ILCS 35/14) (from Ch. 8, par. 100)
26        Sec. 14. Sale of reacting animals. It shall  be  unlawful
27    to sell, offer for sale, trade, give away, or to purchase any
28    cattle,  bison,  sheep,  goats, antelope, or cervids known to
29    have reacted to the tuberculin test, except for slaughter  at
30    an  approved  slaughtering  establishment.  No cattle, bison,
31    sheep, goats, antelope, or cervids shipped from a herd  under
32    quarantine  shall  be  diverted  en route to the slaughtering
                            -18-              LRB9000173NTsbC
 1    establishment.
 2    (Source: P.A. 77-110.)
 3        (510 ILCS 35/15) (from Ch. 8, par. 101)
 4        Sec. 15. Care of undelivered animals. In all cases  where
 5    the transportation company is obliged under the provisions of
 6    this  law  to  withhold  or refuse delivery of cattle, bison,
 7    sheep, goats, antelope, or cervids, the duty to feed and care
 8    for such cattle, bison, sheep, goats,  antelope,  or  cervids
 9    shall  be  upon  the  owner  or  consignor, or in case of his
10    default in so doing then by the transportation company at the
11    expense of the owner or consignor,  and  such  transportation
12    company  shall in such case have a lien upon such animals for
13    food, care or  custody  furnished,  and  such  transportation
14    company shall not be liable for any detention to such cattle,
15    bison,   sheep,   goats,   antelope,  or  cervids  to  enable
16    compliance with the provisions of this Act.
17    (Source: Laws 1929, p. 7.)
18        (510 ILCS 35/17a) (from Ch. 8, par. 103.1)
19        Sec. 17a. Application of Act. This Act shall not  prevent
20    the  movement  of  cattle,  bison, sheep, goats, antelope, or
21    cervids into stockyards  registered  under  the  Packers  and
22    Stockyards   Act,   a   State-Federal  approved  slaughtering
23    establishment or a marketing center approved  by  the  United
24    States  Department of Agriculture and the Illinois Department
25    of Agriculture as defined in the Illinois  Livestock  Auction
26    Market  Law,  and  operating  under the rules and regulations
27    pertaining to marketing centers.
28    (Source: P.A. 77-110.)
29        (510 ILCS 35/18) (from Ch. 8, par. 104)
30        Sec. 18. Administration and  enforcement  of  Act;  entry
31    upon   premises.   The   Department   is   charged  with  the
                            -19-              LRB9000173NTsbC
 1    administration and enforcement of this  Act,  and  may  adopt
 2    reasonable   rules  and  regulations  therefor.  No  rule  or
 3    regulation adopted or issued by the  Department,  under  this
 4    Act,  shall be effective on and after January 1, 1946, unless
 5    such rule or regulation has been submitted  to  the  Advisory
 6    Board  of Livestock Commissioners for approval. To effect the
 7    purposes of this Act, the Department shall cooperate with the
 8    Department of Agriculture of the United States.
 9        The  Department  or  its  duly   authorized   agent,   in
10    performing  the  duties  vested  in  it  under  this  Act, is
11    empowered to  enter  during  usual  working  hours  upon  any
12    premises,  barns,  stables,  sheds or other places where such
13    cattle, bison, sheep, goats, antelope, or cervids  are housed
14    or kept.
15        Sheriffs, prosecuting attorneys and their deputies shall,
16    in  their  respective  jurisdiction,  render  all   necessary
17    assistance  to  enable  the Department or its duly authorized
18    agent to enforce this Act.
19    (Source: P.A. 77-110.)
20        (510 ILCS 35/19) (from Ch. 8, par. 104a)
21        Sec. 19.  Penalty; quarantine. Any person  violating  any
22    provision  of  this  Act  is guilty of a business offense and
23    shall be punished by a fine of not less  than  $50  nor  more
24    than $1,000.
25        In  addition to the penalty herein provided, if any owner
26    of dairy or breeding cattle, bison, sheep,  goats,  antelope,
27    or  cervids  refuses  to  submit  such  cattle, bison, sheep,
28    goats, antelope, or cervidae  for  a  tuberculin  test,  such
29    cattle,  bison,  sheep,  goats,  antelope,  or cervids may be
30    placed in quarantine until submitted for test.
31    (Source: P.A. 77-2677.)
32        (510 ILCS 35/22) (from Ch. 8, par. 104d)
                            -20-              LRB9000173NTsbC
 1        Sec. 22. Short title.  This Act shall be known and may be
 2    cited  as  the  "Illinois   Bovidae   and   Cervidae   Bovine
 3    Tuberculosis Eradication Act".
 4    (Source: P.A. 82-700.)
 5        (765 ILCS 50/Act rep.)
 6        Section    40.  The   Agricultural   Foreign   Investment
 7    Disclosure Act is repealed.
 8        Section 999.  Effective date.  This Act takes effect upon
 9    becoming law.
                            -21-              LRB9000173NTsbC
 1                                INDEX
 2               Statutes amended in order of appearance
 3                              SEE INDEX
 4    5 ILCS 620/42             from Ch. 127, par. 42
 5    70 ILCS 405/21            from Ch. 5, par. 126
 6    225 ILCS 640/8d           from Ch. 121 1/2, par. 215d
 7    225 ILCS 645/19.1         from Ch. 111, par. 420.1
 8    410 ILCS 615/6            from Ch. 56 1/2, par. 55-6
 9    510 ILCS 30/1.14 new
10    510 ILCS 30/1.15 new
11    510 ILCS 30/5             from Ch. 8, par. 138
12    510 ILCS 30/6.1           from Ch. 8, par. 139.1
13    510 ILCS 30/6.3           from Ch. 8, par. 139.3
14    510 ILCS 30/7             from Ch. 8, par. 140
15    510 ILCS 35/1             from Ch. 8, par. 87
16    510 ILCS 35/1.3           from Ch. 8, par. 87.3
17    510 ILCS 35/1.6           from Ch. 8, par. 87.6
18    510 ILCS 35/1.8           from Ch. 8, par. 87.8
19    510 ILCS 35/1.9 new
20    510 ILCS 35/1.10 new
21    510 ILCS 35/1.11 new
22    510 ILCS 35/1.12 new
23    510 ILCS 35/1.13 new
24    510 ILCS 35/2             from Ch. 8, par. 88
25    510 ILCS 35/3             from Ch. 8, par. 89
26    510 ILCS 35/4             from Ch. 8, par. 90
27    510 ILCS 35/5             from Ch. 8, par. 91
28    510 ILCS 35/6             from Ch. 8, par. 92
29    510 ILCS 35/7             from Ch. 8, par. 93
30    510 ILCS 35/9             from Ch. 8, par. 95
31    510 ILCS 35/10            from Ch. 8, par. 96
32    510 ILCS 35/12.5          from Ch. 8, par. 98.5
33    510 ILCS 35/12.6          from Ch. 8, par. 98.6
34    510 ILCS 35/13            from Ch. 8, par. 99
                            -22-              LRB9000173NTsbC
 1    510 ILCS 35/14            from Ch. 8, par. 100
 2    510 ILCS 35/15            from Ch. 8, par. 101
 3    510 ILCS 35/17a           from Ch. 8, par. 103.1
 4    510 ILCS 35/18            from Ch. 8, par. 104
 5    510 ILCS 35/19            from Ch. 8, par. 104a
 6    510 ILCS 35/22            from Ch. 8, par. 104d
 7    765 ILCS 50/Act rep.

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