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90_HB1177 SEE INDEX 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 DepartmentState Boardof 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 12auditof 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 1BovineTuberculosis 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 CervidaeBovine24 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 expiration8date not later than 30 days after the packing date. The date 9 of candlingand an expiration date not later than 30 days10after the date of packingmust appear in lettering on the 11 container in which the eggs are offered for sale.Eggs12identified as grade AA shall have an expiration date not13later 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 regulationand shall conform as near as18possible 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 hipjawwith 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 or25to 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 Sections1.114through 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 Actcattleshall 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 evidencea bovine animal which27evidencesa 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 4bovinethat showshowsa response to a caudal fold tuberculin 5 test or single cervical tuberculin test in the case of 6 cervidae and areisnot classified a reactor or cattle, 7 bison, sheep, goats, antelope, or cervids that havea bovine8which hasbeen 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 thatwhich13 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 hipjawwith 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. 24The Department of Agriculture may allow the sale and25transfer of cattle under quarantine subject to such26reasonable 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 requireanegative 26 tuberculin testingtestprior 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, ortopurchase 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 Actshall be known andmay be 2 cited as the"Illinois Bovidae and CervidaeBovine3 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.