ADMINISTRATIVE CODE

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 40 LIVESTOCK AUCTION MARKETS

Section 40.5 Definitions

Section 40.10 Fee to Accompany Application Not To Be Refunded

Section 40.20 Release of Livestock for Interstate Shipment

Section 40.30 Veterinary Inspection

Section 40.40 Veterinary Office

Section 40.50 Detection of Diseased Animals

Section 40.60 Bovine Brucellosis

Section 40.70 Quarantine Pen

Section 40.80 The Sale of Livestock for Immediate Slaughter

Section 40.90 Test Chute

Section 40.100 Brucellosis Test

Section 40.110 Sale of Official Brucellosis Calfhood Vaccinates

Section 40.120 Feeder Cattle Subject to Quarantine

Section 40.130 Backtagging

Section 40.140 Yarding and Housing

Section 40.150 Display License (Repealed)

Section 40.160 Sale Day

Section 40.170 Swine

Section 40.180 Swine Which React to Test for Brucellosis

Section 40.190 Sheep and Goats

Section 40.200 Surety Bonds and Other Pledged Security

Section 40.210 Cancellation of Escrow Agreements (Personal Bonds) (Repealed)

Section 40.220 Swine Movement Limitations (Repealed)

Section 40.230 Disposition of Rejected Feeding or Breeding Swine

Section 40.240 Director To Be Named Trustee (Repealed)

Section 40.250 Animals Designated for Slaughter Only

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 40 LIVESTOCK AUCTION MARKETS
SECTION 40.5 DEFINITIONS

Section 40.5 Definitions

Definitions for the rules of this Part can be located in the general definitions Section (8 Ill. Adm. Code 20.1). The following definition shall also apply to the rules of this Part:

"Act" means the Livestock Auction Market Law [225 ILCS 640].

(Source: Amended at 20 Ill. Reg. 1546, effective January 12, 1996)

Section 40.10 Fee to Accompany Application Not To Be Refunded

The application for license to operate a livestock auction market shall be accompanied by the license fee as prescribed in Section 4 of the Act. In no case will this fee be refunded.

(Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.20 Release of Livestock for Interstate Shipment

No livestock sold at a livestock auction market for interstate shipment shall be released until the shipment complies with the requirements of the state to which it is to be shipped.

Section 40.30 Veterinary Inspection

a) Livestock, when sold or released through a livestock auction market, shall be accompanied by proper health forms in compliance with the Acts and rules listed in Section 8d of the Act. These are furnished by the livestock auction market veterinarian.

b) The livestock auction market veterinarian shall remain at the livestock auction market until all livestock is sold and all of the requirements for their removal and disposition have been fully complied with. The livestock auction market veterinarian shall approve the condition of the livestock auction market prior to the sale of any livestock. The livestock auction market will be approved if it is in compliance with 8 Ill. Adm. Code 40.140.

(Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.40 Veterinary Office

The operator of the livestock auction market shall provide an office for the livestock auction market veterinarian, and shall keep the office painted and in a sanitary condition. It shall be lighted, heated, screened, ventilated, and shall be equipped with storage space for the veterinarian's biological products, with an operating electric refrigerator, sink, running water and sewer connections. The veterinarian's office or laboratory is to be used only by the veterinarian.

(Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.50 Detection of Diseased Animals

Diseased livestock, not detected prior to unloading, shall be placed in the quarantine pen. Such livestock may be sold through the auction ring at the completion of the regular sale for slaughter only. Each animal shall be identified with an Illinois slaughter tag, and the information recorded on Form C-24a, revised, which shall accompany each animal to slaughter. All livestock from the quarantine pen shall be delivered to a Federal or State inspected slaughtering establishment or to a public stockyard, and shall not be diverted en route, or to a licensed dead animal disposal unit or be quarantined back to the original owner, at the option of the owner.

(Source: Amended at 20 Ill. Reg. 16192, effective January 1, 1997)

Section 40.60 Bovine Brucellosis

a) Cattle that, upon being tested for brucellosis at a livestock auction market, are classified as reactors to the official test shall be placed in the quarantine pen and sold for immediate slaughter or returned to the farm of origin under quarantine until the status of the animal is determined through additional testing.

b) The reactors, when sold for slaughter, shall be delivered to a public stockyard or recognized slaughtering establishment and be positively identified and branded, as provided by Section 5 of the Illinois Bovine Brucellosis Eradication Act [510 ILCS 30/5]. The purchaser of the reactors shall sign a VS Form 1-27, "Permit For Movement of Animals." Illinois brucellosis reactors disclosed at other than a livestock auction market may be consigned to a marketing center if accompanied by official VS Form 1-27, "Permit For Movement of Animals". A new VS Form 1-27 shall be prepared by the livestock auction market veterinarian and shall accompany the reactor to slaughter and shall not be diverted en route and shall go only to the destination listed on the VS Form 1-27. No change of ownership of any reactor or suspect animal after the animal has been bought shall be allowed without the approval of the Department.

c) When one or more brucellosis reactors are disclosed in a group of cattle, the negative cattle which have been in contact with the reactors for more than 24 hours shall be either returned to the farm of origin under quarantine OR shipped directly to a recognized slaughtering establishment or a public stockyard, accompanied by VS Form 1-27 to be sold for slaughter only and shall not be diverted en route and shall go only to the destination listed on the VS Form 1-27. No change of ownership of any reactor or suspect animal after the animal has been bought shall be allowed without the approval of the Department. Unless cattle are being returned to the farm of origin, they shall be identified by an ear tag provided by the Department and by branding with a hot iron the letter "S" on the left hip in letters not less than 2 nor more than 3 inches in height, before the cattle leave the livestock auction market.

(Source: Amended at 30 Ill. Reg. 16576, effective October 9, 2006)

Section 40.70 Quarantine Pen

a) Each livestock auction market shall provide a quarantine pen which shall be labeled "Quarantine pen" or the entire top rail of which shall be painted red. Such pen shall be constructed with concrete floor and provided with drainage to prevent contamination of other pens.

b) All alleyways, pens, and chutes which might have become contaminated shall be thoroughly cleaned and disinfected immediately following removal of the animals from the quarantine pen.

(Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.80 The Sale of Livestock for Immediate Slaughter

a) The purchaser of all livestock for immediate slaughter shall sign an official certificate of "Quarantine and Certification of Slaughter or Shipment" (Form C-37) or purchaser's invoice. Livestock shall be:

1) slaughtered on the purchaser's premises, OR

2) be taken directly to a recognized slaughtering establishment, OR

3) be taken to a public stockyard for resale to a recognized slaughtering establishment.

b) All livestock shall be slaughtered within 10 days of the date of sale.

c) All livestock sold for slaughter must be kept separate and apart from animals being sold for breeding or feeder purposes.

d) Cattle consigned by the seller to the slaughter-only pen cannot be removed from that pen, tested or moved for any reason other than immediate slaughter.

(Source: Amended at 30 Ill. Reg. 16576, effective October 9, 2006)

Section 40.90 Test Chute

The livestock auction market shall provide a chute to restrain all livestock that are to be tested.

(Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.100 Brucellosis Test

a) Cattle entering the livestock auction market from brucellosis class free states or areas may be sold without testing for brucellosis.

b) Cattle sold through the livestock auction market, other than those going direct to slaughter, and those that are not required to be tested for brucellosis, shall be identified with an approved, official eartag. Eartag identification of cattle, together with the name and address of consignor and purchaser, date of sale, breed and number purchased, shall be made a part of the records of the livestock auction market before the cattle leave the livestock auction market.

c) All cattle entering the livestock auction market from states or areas other than brucellosis class free states must be in compliance with the following:

1) Except as otherwise provided in 8 Ill. Adm. Code 40.110 and 40.120, no female cattle more than 6 months of age or bulls over 18 months of age shall be sold unless the cattle have been tested for brucellosis and were found negative within 60 days prior to sale. The test shall be recognized for one change of ownership or premises only within the 60-day period, except that the cattle may change ownership or premises one or more times in the 14-day period immediately following the negative test.

2) The livestock auction market veterinarian shall submit a copy of the Brucellosis Test Record, Market Cattle Testing Program, VS Form 4-54 and all blood samples to a Department-approved laboratory following each sale.

(Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012)

Section 40.110 Sale of Official Brucellosis Calfhood Vaccinates

a) Brucellosis calfhood vaccinates shall be accompanied by:

1) Official vaccination certificate, OR

2) Form VS 4-26 properly completed for reestablishing vaccination status.

b) If such animal has lost its ear tag, but has official calfhood vaccination tattoo in the right ear, it shall be retagged in the right ear and the retag number recorded on the official vaccination certificate OR Form VS 4-26.

(Source: Amended at 18 Ill. Reg. 1869, effective January 24, 1994)

Section 40.120 Feeder Cattle Subject to Quarantine

All female cattle of beef breeds over 6 and under 18 months of age from states that are not brucellosis class free under the Brucellosis Eradication Uniform Methods and Rules as approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228, October 1, 2003) and the United States Department of Agriculture and/or 9 CFR 78.1 (2011) sold or released from a livestock auction market for feeding or grazing purposes are subject to quarantine (8 Ill. Adm. Code 75.130) and shall be reported on Form M-107 Revised to the Department following each sale or at the end of each week.

(Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012)

Section 40.130 Backtagging

All cattle over 2 years of age consigned to a livestock auction market shall comply with the Market Cattle Identification Program as follows:

a) Each animal shall be backtagged with an official Illinois market cattle backtag.

b) Cattle that are blood tested for brucellosis by the livestock auction market veterinarian shall have the backtag marked through with a crayon or paint.

c) Report of such backtagging on forms provided by the United States Department of Agriculture shall be submitted to the Department within 7 days of backtag application.

(Source: Amended at 23 Ill. Reg. 441, effective January 1, 1999)

Section 40.140 Yarding and Housing

a) All stalls, pens, alleyways, and sale ring shall be thoroughly cleaned and disinfected following each sale.

b) Windows shall be provided for light and ventilation. Light shall be sufficient to illuminate all pens and stalls.

c) Roofs shall be kept tight at all times so as to prevent leakage and keep out moisture.

d) The floors of all pens, alleyways, and sale ring shall be of concrete or other material (i.e., asphalt, crushed rock) that is compact, easily cleaned, and drained in all kinds of weather, except that sale rings, alleyways, and pens used by swine shall have floors that are made of concrete and shall be provided with drainage for flushing.

e) Dairy and breeding cattle shall be kept separate from all other cattle and not allowed to intermingle.

f) All livestock auction markets shall possess a power pressure sprayer.

g) All livestock auction markets shall have an ample supply of water under pressure.

(Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.150 Display License (Repealed)

(Source: Repealed at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.160 Sale Day

The regular sale day shall be recorded with the Department. All special sales or changes in the regular sale day shall be reported to the Department at least 5 days prior to the change or sale.

(Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012)

Section 40.170 Swine

a) In no case shall swine remain on the livestock auction market premises for more than 10 days.

b) Out-of-state feeder swine shall enter Illinois accompanied by a health certificate and a permit (8 Ill. Adm. Code 105.10) and be eartagged to show state of origin, 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. The swine shall move directly into Illinois from the state of origin. A report of sale shall be made to the Department within 48 hours after the time of sale (on Form Z-5), stating name and address of purchaser and number of animals purchased.

c) Eartag identification of swine, together with the name and address of consignor and purchaser, date of sale, breed and number purchased, shall be made a part of the records of the livestock auction market before swine leave the livestock auction market.

d) Swine entering the livestock auction market from brucellosis class free states or areas may be sold without testing for brucellosis. In accordance with Section 2 of the Illinois Swine Brucellosis Eradication Act [225 ILCS 95/2], all breeding swine 4 months of age and over shall be negative to an official test for brucellosis within 60 days prior to sale or originate from a validated brucellosis-free herd. The test shall be recognized for one change of ownership or premises only within the 60-day period.

(Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012)

Section 40.180 Swine Which React to Test for Brucellosis

Any swine which, upon being tested for brucellosis at a livestock auction market, react to an official brucellosis test shall be placed in the quarantine pen and sold for slaughter only. The reactor shall be identified with a reactor identification tag. The animal, when sold, shall be accompanied by Form H-63 AND shall be delivered to State or Federal inspected slaughter establishment and shall go directly to the destination listed on Form H-63 and is not to be diverted en route. Such swine may not be sold for feeding or breeding purposes.

(Source: Amended at 20 Ill. Reg. 16192, effective January 1, 1997)

Section 40.190 Sheep and Goats

a) Livestock auction market veterinarians are required to check each consignment of sheep and goats at time of presentation at the sale to determine that to the best of their knowledge and belief the sheep and goats are free from infectious and communicable diseases.

b) When diseased sheep or goats, except those exhibiting evidence of contagious foot rot, are found at a livestock auction market, the livestock auction market veterinarian shall immediately place the diseased sheep or goats under quarantine and order the owner to return such sheep or goats to his premises under quarantine. The livestock auction market veterinarian shall notify the Department of such quarantine. The quarantine will remain in effect until the Department receives notice of the death of the sheep or goats, OR receives a report from a licensed veterinarian that the animal or animals have recovered and are in a healthy condition.

c) When sheep exhibit evidence of contagious foot rot, such sheep shall be tagged with the "slaughter only" red ear tag and be accompanied directly to slaughter by Form C-24a, revised.

(Source: Amended at 26 Ill. Reg. 127, effective January 1, 2002)

Section 40.200 Surety Bonds and Other Pledged Security

Procedures for the collection, cancellation, control and distribution of surety bonds and other pledged security shall be as established in 8 Ill. Adm. Code 3: Subparts A and B.

(Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.210 Cancellation of Escrow Agreements (Personal Bonds) (Repealed)

(Source: Repealed at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.220 Swine Movement Limitations (Repealed)

(Source: Repealed at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.230 Disposition of Rejected Feeding or Breeding Swine

a) Swine exhibiting evidence of disease shall be rejected for feeding or breeding purposes by the livestock auction market veterinarian and shall be sold for slaughter, except when returned to the owner's premises as requested by the owner. Such rejected swine shall be identified by an official eartag and then may be returned to the owner's premises under quarantine at the option of the owner. The quarantine shall be issued by the livestock auction market veterinarian on forms prescribed by the Department, with the official eartag numbers recorded and a copy forwarded to the Department.

b) All rejected swine to be sold for slaughter shall be identified with a red tag in the left ear and be accompanied by a Form C-24a, revised. The official ear tag numbers shall be recorded on the form and a copy of the form shall be forwarded by the livestock auction veterinarian to the Department.

(Source: Amended at 26 Ill. Reg. 14624, effective September 23, 2002)

Section 40.240 Director To Be Named Trustee (Repealed)

(Source: Repealed at 8 Ill. Reg. 5956, effective April 23, 1984)

Section 40.250 Animals Designated for Slaughter Only

When an animal is presented at an auction market by the owner and is designated as being sold for slaughter only, the animal shall be "C" punched in either ear. The "C" punch must be a minimum of one inch tall. The animal shall be placed in the slaughter pen and cannot be sold, other than for slaughter. The consignor shall sign a form stating that the animal cannot be sold for any reason other than for slaughter and that the animal must be "C" punched prior to sale. These forms must be sent to the Department on a weekly basis, together with the name and address of the purchaser of the animal.

(Source: Amended at 28 Ill. Reg. 13396, effective October 1, 2004)

AUTHORITY: Implementing and authorized by the Livestock Auction Market Law [225 ILCS 640] and Section 205-410 of the Civil Administrative Code of Illinois [20 ILCS 205/205-410].

SOURCE: Regulations Relating to Livestock Auction Markets, filed January 17, 1972, effective January 27, 1972; filed May 3, 1972, effective May 13, 1972; filed December 14, 1973, effective December 24, 1973; filed March 2, 1976, effective March 12, 1976; amended at 2 Ill. Reg. 24, p. 73, effective June 15, 1978; codified at 5 Ill. Reg. 10442; amended at 8 Ill. Reg. 5956, effective April 23, 1984; amended at 10 Ill. Reg. 9754, effective May 21, 1986; amended at 12 Ill. Reg. 3411, effective January 22, 1988; amended at 14 Ill. Reg. 1943, effective January 19, 1990; amended at 16 Ill. Reg. 11793, effective July 8, 1992; amended at 18 Ill. Reg. 1869, effective January 24, 1994; amended at 20 Ill. Reg. 1546, effective January 12, 1996; amended at 20 Ill. Reg. 16192, effective January 1, 1997; amended at 21 Ill. Reg. 17085, effective January 1, 1998; amended at 23 Ill. Reg. 441, effective January 1, 1999; amended at 23 Ill. Reg. 9780, effective August 9, 1999; amended at 26 Ill. Reg. 127, effective January 1, 2002; amended at 26 Ill. Reg. 14624, effective September 23, 2002; amended at 28 Ill. Reg. 13396, effective October 1, 2004; amended at 30 Ill. Reg. 16576, effective October 9, 2006; amended at 36 Ill. Reg. 13585, effective September 1, 2012.