Section 85.5  Definitions

 

Definitions applicable to this Part are located in the general definitions Section (8 Ill. Adm. Code 20.1).  The following definitions shall also apply to this Part:

 

"Accredited veterinarian" means a veterinarian who is licensed by the state in which he practices, is approved by the animal health authority of that state, and is accredited by the USDA (9 CFR 160, 161 and 162; 2009).

 

"CWD Certified Monitored Herd Management Agreement" means a document provided by the Department that is completed by an owner of a cervid herd and submitted for approval by the Department.

 

"CWD Herd Plan" means a written management agreement that sets forth steps to eradicate, control the risk of, or prevent the introduction of CWD in CWD-Positive herds, CWD-Exposed or -Suspect herds, or any other cervid herd.

 

"Exposed to" means an animal that has come in contact with another animal or an environment that is capable of transmitting a contagious, infectious or reportable disease.  An animal will no longer be considered as "exposed to" when it is beyond the standard incubation time for the disease and the animal has been tested negative for the specific disease or there is no evidence that the animal is contagious, except for animals exposed to Johne's disease. Animals originating from a herd where Johne's disease has been diagnosed will be considered no longer "exposed to" with a negative test.  The negative test must have been conducted within 30 days prior to the sale or movement.  [510 ILCS 50/1]  An exemption to the "exposed to" language will be granted to animals originating from a herd that is enrolled in the Voluntary Johne's Disease Risk Management Program.  These herds will no longer be restricted.

 

"Recognized slaughtering center" means an establishment where slaughtering is conducted under Federal or State inspection.

 

(Source:  Amended at 38 Ill. Reg. 20655, effective October 16, 2014)

 

Section 85.7  Incorporation by Reference

 

No incorporation by reference in this Part includes any later amendments, editions or deletions beyond the date specified.

 

(Source:  Added at 9 Ill. Reg. 18411, effective November 19, 1985)

 

Section 85.10  Reportable Diseases

 

a)         Suspected cases of the following diseases shall be reported immediately to the Department:

 

anthrax

avian influenza

bluetongue

brucellosis − bovine, canine, swine, equine, and caprine

chronic wasting disease (CWD) − cervids

contagious equine metritis (CEM)

equine infectious anemia (EIA)

equine viral encephalitides

fowl typhoid

hog cholera

infectious encephalomyelitis − avian

infectious laryngotracheitis

monkeypox

Mycoplasma gallisepticum − turkeys

Mycoplasma synoviae − turkeys

Newcastle disease

paramyxovirus infection

paratuberculosis − (Johne's disease)

piroplasmosis

plague

pseudorabies − (Aujeszky's disease)

psittacosis − (ornithosis)

pullorum disease

Q fever

rabies

salmonella enteritidis − poultry

salmonella typhimurium − poultry

scabies − cattle and sheep

scrapie

transmissible spongiform encephalopathy (TSE)

trichinellosis

tuberculosis − bovine

tularemia

vesicular conditions of any type

West Nile Virus

any contagious or infectious disease presently considered as "exotic", i.e., not known to exist in the United States

 

b)         Any herd owner, flock owner, veterinarian or other person having knowledge of the disease, failing to report a suspect case of any of the above diseases immediately after discovery, or who is responsible for the spread of the disease, shall be subject to penalty as provided by law.

 

c)         Reports of any of the above diseases shall be made to the Department, telephone 217/782-4944.

 

(Source:  Amended at 30 Ill. Reg. 16582, effective October 9, 2006)

 

Section 85.12  Contagious or Infectious Diseases

 

a)         The Department will designate a disease as contagious or infectious when it is determined that the disease is a threat to the animal industry.  A disease will be considered a threat to the animal industry for any of the following reasons:

 

1)         is of unknown cause or previously not a recognized disease;

 

2)         can cause interstate or international trade restrictions;

 

3)         is highly communicable to other animals or species;

 

4)         has the potential to produce uncontrollable death loss; or

 

5)         is not endemic in the animal industry.

 

b)         The following diseases are considered to be contagious or infectious:

 

African horse sickness

African swine fever

akabane

anthrax

avian influenza

bluetongue

Borna disease

bovine petechial fever

brucellosis

chronic wasting disease (CWD) − cervids

contagious bovine pleuropneumonia

contagious equine metritis (CEM)

dourine

ephemeral fever

equine herpes virus (neurologic form)

equine infectious anemia (EIA)

equine viral arteritis (EVA)

equine viral encephalitides

epizootic lymphangitis

foot and mouth disease

fowl typhoid

glanders

heartwater

hemorrhagic septicemia

hog cholera

horse pox

infectious encephalomyelitis − avian

infectious laryngotracheitis

Japanese B encephalitis

Jembrana disease

louping-ill

lumpy skin disease

monkeypox

Mycoplasma gallisepticum − turkeys

Mycoplasma synoviae − turkeys

Nairobi sheep disease

Newcastle disease

peste des petits − ruminants

paramyxovirus infection − avian

paratuberculosis (Johne's disease)

piroplasmosis

plague

pseudorabies (Aujesky's disease)

psittacosis (ornithosis)

pullorum disease

Q fever

rabies

Rift Valley fever

rinderpest

salmonella enteritidis − poultry

salmonella typhimurium − poultry

scabies − cattle and sheep

scrapie

sheep and goat pox

swine vesicular disease

transmissible spongiform encephalopathy (TSE)

trichinellosis

tuberculosis

tularemia

vesicular conditions of any type

vesicular exanthema of swine

Wesselsbron disease

West Nile Virus

any contagious or infectious disease presently considered as "exotic", i.e., not known to exist in the United States or emerging and considered by the Department to be a significant threat to one or more animal population

 

(Source:  Amended at 43 Ill. Reg. 4515, effective March 26, 2019)

 

Section 85.15  Truck Cleaning and Disinfection

 

Any truck or other conveyance in which diseased livestock is transported shall be cleaned and disinfected immediately after the diseased livestock is unloaded as prescribed in the Code of Federal Regulations (9 CFR 71.7, 71.10-71.12; 2009).

 

(Source:  Amended at 34 Ill. Reg. 19399, effective January 1, 2011)

 

Section 85.20  Disposal of Sick, Diseased, or Crippled Animals at Stockyards, Auction Markets, or Marketing Centers

 

No person, firm, or corporation shall remove from any public stockyards, auction markets or marketing centers any sick, diseased or crippled animals, or animals contaminated with any chemical or radiological substance, for the purpose of producing meat to be sold for human consumption, except in cases where the Department releases such animals after antemortem inspection, provided that this restriction shall not apply to any recognized slaughtering center.

 

(Source:  Amended at 34 Ill. Reg. 19399, effective January 1, 2011)

 

Section 85.25  Sale of Livestock Quarantined Because of Disease

 

Except as otherwise provided by statute and/or rule, the sale of livestock quarantined because of disease or exposure to disease, or of animals contaminated with any chemical or radiological substance, is prohibited unless permission of the Department is first obtained. The Department will then prescribe the conditions under which such sale may be made.  The factors that will be considered for sanctioning the sale of quarantined livestock include:

 

a)         What disease is involved.

 

b)         If a human health hazard is involved.

 

c)         If the animals are infected or only exposed.

 

d)         If adequate slaughtering plant facilities for handling, processing, cleaning and disinfecting are available.

 

(Source:  Amended at 34 Ill. Reg. 19399, effective January 1, 2011)

 

Section 85.30  Identification Ear Tags for Livestock

 

a)         All livestock, except purebred or crossbred animals registered with an approved registry association, tested for brucellosis and/or tuberculosis in the State of Illinois, shall be identified by an official ear tag as defined at 9 CFR 78.1 (2017).

 

b)         Purebred or crossbred animals registered with an approved registry association may be identified for test or vaccination by registration number, microchip, or record association approved individual tattoo.

 

(Source:  Amended at 43 Ill. Reg. 4816, effective April 15, 2019)

 

Section 85.35  Identification Tags Not to be Removed

 

No person shall remove identification tags, numbers, brands, ear tags, microchips, or market cattle identification program backtags from livestock to evade the provisions of the law.

 

(Source:  Amended at  20 Ill. Reg. 276, effective January 1, 1996)

 

Section 85.40  Livestock for Immediate Slaughter Not to be Diverted En Route

 

All livestock consigned for slaughter within 10 days, from public stockyards, auction market, marketing center, livestock dealer or any other point where livestock are gathered at regular intervals for immediate slaughter within Illinois, shall be accompanied by slaughter permit and slaughtered within 10 days. All such animals shall be delivered direct to a recognized slaughtering center and shall not be diverted en route.

 

(Source:  Amended at 20 Ill. Reg. 13039, effective September 25, 1996)

 

Section 85.45  Anthrax

 

a)         No anthrax vaccine shall be used within the State of Illinois unless the veterinarian has secured a permit from the Department for its use. Permits will be granted for the use of anthrax vaccine only in areas where the disease is known to exist or has been known to exist.

 

b)         No anthrax vaccine shall be sold within the State of Illinois except to licensed veterinarians who have received a permit from the Department for the use of such vaccine on designated premises or within a specified area.

 

c)         When any animals are vaccinated against anthrax, the premises and all animals thereon shall be placed under quarantine.

 

(Source:  Amended at 20 Ill. Reg. 276, effective January 1, 1996)

 

Section 85.50  Goats

 

a)         Brucellosis in Goats

 

1)         When a serologic test for brucellosis in goats discloses one or more reactors, the entire herd shall be placed under quarantine and the reactors immediately isolated from the remainder of the herd, reactor tagged and branded, and slaughtered. After removal of the reactors, the entire herd shall be retested at time intervals and the number of times as requested by the Department. The length of the quarantine period shall be determined by the Department.

 

2)         All brucellosis agglutination blood tests of goats shall be made at an approved laboratory.

 

b)         Requirements for Establishing and Maintaining Certified Brucellosis-Free Herds of Goats

 

1)         General Requirements

 

A)        Certified brucellosis-free herd certificates, which shall be valid for one year, unless revoked due to disclosure of brucellosis in the herd, shall be issued by the Department.

 

B)        Certificates shall be extended for a period of one year upon evidence of a negative herd retest and compliance with all requirements for maintenance of a certified brucellosis-free herd.

 

C)        A "herd" shall be considered as including all animals 6 months of age and over and shall consist of at least 5 animals.

 

D)        All animals in the herd shall be identified by registration number, individual tattoo, or an official approved ear tag as defined in 9 CFR 78.1 and 79.2 (2017).

 

E)        All official blood tests of goats shall be conducted at an approved laboratory.

 

2)         To Qualify for Certification

 

A)        Herds shall be certified upon completion of 2 consecutive negative complete herd tests not less than 10 nor more than 14 months apart.

 

B)        Animals classified as suspects, in herds that are otherwise negative, must be retested at 30-day intervals until their status has been determined. If the suspects are sold or otherwise disposed of before their status has been determined, the entire herd must be retested to achieve a negative herd status. If the suspects are classified as reactors upon retest, the herd is considered to be infected.  Diseased goats may only be consigned directly to a slaughtering facility and must be accompanied by a "Permit for Movement, VS Form 1-27".

 

C)        If on the initial herd test, or as a result of any retests of animals in the herd, one or more reactors are disclosed, the entire herd shall be placed under quarantine and the reactors immediately isolated from the remainder of the herd, reactor tagged and branded, and slaughtered. After removal of the reactors, the entire herd shall be retested at time intervals and the number of times as requested by the Department.  The length of the quarantine period shall be determined by the Department.

 

3)         To Qualify for Recertification

 

A)        A negative herd test conducted within 60 days prior to the anniversary date is required for continuous certification.  Upon receipt of a negative herd test, the Department shall extend certification for 12 months from the anniversary date.

 

B)        If the annual test for recertification is conducted within 60 days following the anniversary date and all the animals are negative, certification will be restored and the certification period will be 12 months from the anniversary date.

 

C)        If the annual test for recertification is not conducted within 60 days following the anniversary date, certification is cancelled and recertification requirements are then the same as for initial certification.

 

D)        If suspects or reactors are disclosed on a recertification test, their disposition and herd retest requirements shall be the same as specified in subsections (b)(2)(B) and (C).

 

E)        All official blood tests of goats shall be conducted at an approved laboratory.

 

4)         Additions to Certified Brucellosis-Free Herds

 

A)        Animals originating from other certified herds may be added without tests.

 

B)        Animals originating from herds not certified may be added; provided, they are negative to an official brucellosis test within 60 days prior to addition, are held in isolation from other members of the certified herd for a minimum period of 30 days and are retested and negative at the end of this isolation period.

 

C)        Purchased additions shall not receive new herd status for sale or exhibition purposes until they have been members of the herd for at least 30 days and are included in a complete herd retest.

 

c)         Other Contagious Diseases.  All goats, including dairy goats, will not be allowed to be exhibited in Illinois and must be removed immediately from the exhibition area if showing signs of any of the following conditions:

 

1)         Lesions of contagious ecthyma (sore mouth).

 

2)         Active lesions of ringworm with resulting loss of hair.

 

3)         Caseous lymphadenitis as evidenced by draining abscesses.

 

(Source:  Amended at 43 Ill. Reg. 4816, effective April 15, 2019)

 

Section 85.55  Scrapie in Sheep and Goats

 

a)         The Scrapie Eradication Uniform Methods and Rules (USDA, AHPIS 91-55-066, effective June 1, 2005) is the basis of the scrapie program within the State, except where modified by this Part.

 

b)         No sheep or goats that are known to be from an infected or source herd or flock, or considered to be suspect or high risk animals, and no progeny of sheep or goats known to be from an infected or source herd or flock shall be transported or moved into or within the State of Illinois, except as provided for in this Part.  Any sheep or goat entering Illinois from a USDA Pilot Project Herd or Flock must be approved for import by the Department and be accompanied by a Certificate of Veterinary Inspection.

 

c)         Scrapie monitored herds or flocks may be established and maintained in accordance with the Scrapie Flock Certification Program Standards.

 

d)         When a herd or flock has been designated as an infected or source herd or flock, the herd or flock will be placed under quarantine and will remain under quarantine until the herd or flock has been depopulated, enters into the Scrapie Flock Certification Program, or develops an approved herd or flock plan.  No animals will be allowed to move from the quarantined herd or flock except for slaughter, research, medical treatment or examination, and must be accompanied by VS Form 1-27.

 

e)         Any animal that has been determined to be a high risk animal will be restricted to the herd or flock and cannot be moved from the herd or flock unless accompanied by VS Form 1-27 and moved only for medical treatment or research or directly to slaughter.

 

(Source:  Amended at 30 Ill. Reg. 16582, effective October 9, 2006)

 

Section 85.60  Bluetongue

 

No cattle or sheep infected with or exposed to bluetongue, and no cattle or sheep from an area under quarantine because of bluetongue, may be transported within or moved into the State of Illinois.

 

(Source:  Amended at 2 Ill. Reg. 24, p. 12, effective June 15, 1978)

 

Section 85.65  Sheep Foot Rot (Repealed)

 

(Source:  Repealed at 7 Ill. Reg. 1746, effective January 28, 1983)

 

Section 85.70  Cattle Scabies

 

a)         Cattle may enter Illinois in accordance with provisions of Title 9, of the Code of Federal Regulations, Part 73, as adopted by the U.S. Department of Agriculture.

 

b)         Cattle within Illinois known to be infested with, or exposed to, cattle scabies shall be placed under State quarantine which shall remain in effect until released by the Department after it has been determined that cattle scabies no longer exists on the premises. Such cattle shall also be officially treated for cattle scabies, or shipped to slaughter, in accordance with provisions of Memorandum of Understanding between the Illinois Department of Agriculture and the U.S. Department of Agriculture pertaining to Title 9, of the Code of Federal Regulations, Part 73, as adopted by the U.S. Department of Agriculture.

 

(Source:  Amended at 5 Ill. Reg. 724, effective January 2, 1981)

 

Section 85.75  Cattle Scabies − Additional Requirements on Cattle from Certain Designated Areas

 

a)         A prior permit must be obtained from the Department before cattle, except those consigned direct to slaughter, may enter Illinois from certain designated areas determined to have high incidence of cattle scabies.  The Director of the Department shall have authority to specify the designated areas from which movement of cattle into Illinois will be restricted.

 

b)         Cattle from such areas, except those consigned to a recognized exhibition and moved from Illinois following exhibition (county and State fairs, other State-supported exhibitions, and breed registry exhibitions); dairy cattle; or those consigned direct to slaughter, shall be dipped for cattle scabies within 10 days prior to entry or treated in accordance with the procedures as set forth in 9 CFR 73.12 (2009).

 

c)         Each such animal shall be treated with a solution of approved acaricide and water or other method of treatment approved by the USDA (9 CFR 73.10 and 73.12; 2009).

 

(Source:  Amended at 34 Ill. Reg. 19399, effective January 1, 2011)

 

Section 85.80  Sheep and Goats

 

a)         All sheep and goats entering Illinois for breeding, exhibition or feeding purposes, except for sheep or goats consigned directly to an approved livestock auction market where the animals will be officially identified if required by the Scrapie Eradication Uniform Methods and Rules, shall be accompanied by an official health certificate showing the individual approved official identification and permit number issued by the Department (see Section 85.150).  The health certificate shall indicate the sheep or goats were examined within 30 days prior to entry and found free of any infectious or communicable disease and that they have not recently been exposed to infectious or communicable disease (Part II-J Scrapie Eradication Uniform Methods and Rules).

 

b)         Any sheep or goats that show lesions of contagious ecthyma (sore mouth) or club lamb fungus disease (sheep ringworm) shall not be exhibited in the State and must be removed immediately from the exhibition area.

 

c)         All sheep or goats moving within Illinois must be officially identified to the herd or flock of birth except for:

 

1)         Sheep or goats moving directly to an auction market or to a livestock dealer where they will be identified as necessary;

 

2)         Sheep under 18 months of age moving directly to slaughter that have not lambed or are not pregnant; or

 

3)         All goats moving directly to slaughter.

 

d)         Illinois origin sheep or goats being exhibited in Illinois must be accompanied by an official Certificate of Veterinary Inspection, issued within 90 days prior to exhibition, showing official individual identification.

 

e)         Sheep or goats originating from a herd or flock that has previously been classified as either an infected or source herd or flock can be exhibited in Illinois upon the completion of an approved herd/flock plan.

 

(Source:  Amended at 30 Ill. Reg. 16582, effective October 9, 2006)

 

Section 85.85  Diseased Animals

 

a)         Any animal affected with or recently exposed to any infectious, contagious or communicable disease, or contaminated with any chemical or radiological substance, shall not be shipped or transported in any manner, or moved into the State of Illinois, except as permitted by the laws and rules of the State of Illinois.

 

b)         Officials of the United States Department of Agriculture may approve interstate shipment of some such animals for consignment direct to a recognized slaughtering center for immediate slaughter.

 

c)         Animals with active lesions of ringworm with resulting loss of hair or multiple warts visible without close examination will not be permitted to be exhibited in the State and must be removed immediately from the exhibition area.

 

d)         Any animal infected with or recently exposed to any contagious or infectious disease, or contaminated with any chemical or radiological substance, cannot be moved into or within Illinois except to slaughter or to a location for medical examination or treatment.  Contaminated animals can only be slaughtered by permission of the Director.  Any animal infected with or exposed to any contagious or infectious disease moving through an auction market, marketing center, stockyard or sale can be sold only through slaughter only sales and must be kept separated and apart from any breeding or feeding animals on the premises.

 

e)         Any animal that has died as a result of any contagious, infectious, or reportable disease can be moved from the premises as long as it is being disposed of under the provisions of the Illinois Dead Animal Disposal Act [225 ILCS 610].

 

(Source:  Amended at 34 Ill. Reg. 19399, effective January 1, 2011)

 

Section 85.90  Copy of Health Certificate Shall be Furnished

 

a)         A copy of the certificate of health under which livestock is brought into the State of Illinois, bearing the approval or, if not approved, the disapproval of the Animal Health Official of the state of origin, shall be furnished to the Department.

 

b)         No person shall change the names, numbers, words, phrases or other information on an official health certificate, permit or other official document to evade the provisions of the law.

 

c)         All official brucellosis tests of animals that are intended for interstate movement shall be made at an approved laboratory.

 

(Source:  Amended at 34 Ill. Reg. 19399, effective January 1, 2011)

 

Section 85.95  Requests for Permits

 

a)         Requests for entry permits shall be directed to the Department and shall set forth the following information: Name and address of Illinois consignee, number and kind of animals, origin of shipment, and if for cattle, the age, sex, and breed of the cattle.

 

b)         Exhibition livestock health requirements may also be secured from the Department.

 

(Source:  Amended at  20 Ill. Reg. 276, effective January 1, 1996)

 

Section 85.100  Consignments to Stockyards, Auction Markets or Recognized Slaughtering Centers

 

a)         All out-of-state livestock consigned to a public stockyard, an auction market or recognized slaughtering center shall be accompanied from point of origin by a permit issued by the Department, or by a consignment issued by the owner or shipper of the livestock, designating the name of the owner or shipper, place of origin, public stockyard, recognized slaughtering center or auction market, date of shipment, and number and description of livestock and shall not be diverted en route.

 

b)         A copy of the consignment shall be held by the public stockyard, recognized slaughtering center or auction market for a period of not less than 6 months for inspection by legally authorized officials of the United States Department of Agriculture, and the Illinois Department of Agriculture, and other officials having police powers. [225 ILCS 640/1]

 

(Source:  Amended at 30 Ill. Reg. 16582, effective October 9, 2006)

 

Section 85.105  Obligation of Transportation Company and Truck Operators

 

a)         Before accepting any livestock or dogs for shipment into the State of Illinois or consigned to points within the State of Illinois, every person, transportation company, or truck operator shall require that a certificate of health or permit, or any other forms required to accompany animals or poultry as required in the regulations of the Department, be furnished them to be attached to the consignment and accompany the livestock or dog to its destination. Such person, transportation company, or truck operator shall have the certificate of health OR permit in his or its possession at all times from the loading of such livestock to the delivery of the livestock at its destination, and available for inspection upon demand. Such consignment shall show date, names of consignor and consignee, number and description of animals, and shall accompany all animals consigned to public stockyards.

 

b)         No livestock shall be diverted en route within the State or consigned to points out of the State.  When severe weather conditions, closures for any reason of slaughter plants, stockyards or auction markets, or other extenuating circumstances arise and/or the welfare of the livestock being shipped warrants such, a special permit for diversion en route shall be granted by the Department.

 

(Source:  Amended at 20 Ill. Reg. 13039, effective September 25, 1996)

 

Section 85.110  Additional Requirements on Cattle From Designated States

 

Female cattle, except those consigned direct to slaughter or calves under 6 months of age, entering Illinois for feeding purposes from states designated by the USDA as Class B and Class C states under provisions of the Brucellosis Eradication Uniform Methods and Rules (October 1, 2003) as approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228) and the USDA shall, in addition to present entry requirements now on file, be tagged in the right ear with an official ear tag identifying the cattle to the state of origin. The ear tag series shall be recorded on the official interstate health certificate, or on the owner-shipper statement.  These official, uniformly numbered ear tags may be applied by anyone.

 

(Source:  Amended at 30 Ill. Reg. 16582, effective October 9, 2006)

 

Section 85.115  Salmonella enteritidis serotype enteritidis

 

a)         The USDA has declared Salmonella enteritidis serotype enteritidis as a communicable disease in poultry.  The rules pertaining to Salmonella enteritidis serotype enteritidis located at 9 CFR 145, 146 and 147 (2009) are hereby adopted for the State of Illinois.  The flocks affected by these regulations are those identified in 9 CFR Subchapter G (Livestock Improvement).

 

b)         All flocks found to be infected with Salmonella enteritidis serotype enteritidis shall be quarantined.  The quarantine shall remain in effect until the flock has been depopulated and premises disinfected as prescribed in 9 CFR 147.24 or the entire flock is tested negative for Salmonella enteritidis serotype enteritidis to the satisfaction of the Department in accordance with the provisions and protocols of 9 CFR 147.11-147.12.

 

c)         Movement of poultry, eggs, equipment and manure from infected flocks shall be by permit of the Department.

 

d)         If a flock is determined to be an infected flock as defined in 9 CFR 145.1, the Department shall pay indemnity if State funds are available and all of the following conditions are met:

 

1)         The infected flock is implicated through epidemiological evidence in a human disease outbreak;

 

2)         The flock owner voluntarily agrees to depopulate with appropriate State indemnity;

 

3)         The entire flock which is to be depopulated shall have originated from a flock that is classified "U.S. S. Enteritidis Monitored" for egg type birds and "U.S. S. Enteritidis Clean" for meat type birds under the National Poultry Improvement Plan and Auxiliary Provisions (9 CFR 145 and 147; 2009);

 

4)         The flock owner must have been feeding the infected flock in accordance with the provisions of the National Poultry Improvement Plan and Auxiliary Provisions (9 CFR 145.23(d); 2009);

 

5)         The infected flock shall be slaughtered .  Proof of kill will be reported to the Department by the meat and poultry inspector of the slaughtering establishment where the infected poultry is slaughtered;

 

6)         The premises has been disinfected in accordance with 9 CFR 147.24; and

 

7)         Replacement poultry shall be from flocks that are classified "U.S. S. Enteritidis Monitored" or "U.S. S. Enteritidis Clean" under the National Poultry Improvement Plan and Auxiliary Provisions.

 

e)         The amount of indemnity paid, based on the availability of State funds, shall be 75 percent of the fair market value and the health thereof at the time of slaughter, minus the salvage value.  The following conditions shall be considered when determining the fair market value and health of the infected flock:

 

1)         Initial purchase price of each bird;

 

2)         Age of the bird and its egg production capabilities or value for producing progeny; and

 

3)         Feed and veterinary medical production costs as justified by documentation by the flock owner in the form of sales receipts and veterinary bills.

 

f)         The Department and the infected flock owner must agree upon the value of the poultry destroyed, and in the case as agreement cannot be made, indemnity will not be paid for the flock.

 

(Source:  Amended at 34 Ill. Reg. 19399, effective January 1, 2011)

 

Section 85.120  Cervidae

 

a)         Elk entering Illinois shall originate from a certified brucellosis-free herd or be negative to a brucellosis card test, standard plate agglutination (SPT) test, or complement-fixation (CF) test conducted within 60 days prior to entry on all animals 6 months of age and over.

 

b)         Certified brucellosis-free cervid herds shall be established and maintained in accordance with the Brucellosis 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; September 30, 2003 and not including any later amendments or editions beyond the date specified) and the USDA with the following amendments:

 

1)         For initial certification, all sexually intact cervids in the herd 6 months of age or older must have two consecutive negative tests 9 to 15 months apart.

 

2)         For continuous certification, all test-eligible animals in the herd must have a negative test between 33 and 39 months after the last certification date.  If suspects or reactors are found on recertification testing, certification status will be terminated and a herd investigation will be initiated.

 

c)         All cervidae entering Illinois must also be in compliance with the Illinois Wildlife Code [520 ILCS 5].

 

d)         All cervidae entering Illinois must be accompanied by a permit from the Department and Certificate of Veterinary Inspection (CVI) that:

 

1)         has been issued by an accredited veterinarian of the state of origin or a veterinarian in the employ of the United States Department of Agriculture;

 

2)         is approved by the Animal Health Official of the state of origin;

 

3)         shows that the cervidae are free from visible evidence of any contagious, infectious, or communicable disease or exposure thereto, do not originate from a CWD endemic area (the area contained within a 15 mile radius from any location where CWD has been diagnosed in the past 5 years);

 

4)         shows that the cervidae are not originating from a herd under quarantine for any contagious, infectious or communicable disease;

 

5)         shows that the animals originate from a herd that has been monitored for at least 5 years under a state/federallyapproved CWD herd certification program.  If a state/federallyapproved CWD herd certification program does not exist for the susceptible cervidae species in question, the following criteria must be met:

 

A)        Any additions to the herd are natural additions or have been in the herd for at least one year;

 

B)        Complete herd records, including records of purchases, deaths and causes of deaths are maintained for at least 5 years;

 

C)        The herd has been under veterinary supervision for a minimum of 5 years;

 

D)        The animals have not been exposed to any animal from a herd diagnosed with CWD in the past 5 years;

 

E)        The CVI contains a statement by the veterinarian for the herd of origin certifying that the herd has been under veterinary supervision for a minimum of 5 years and has had no exposure to any cervid from a CWD trace-back or trace-forward herd; and

 

F)         Contains a statement signed by the owner certifying that all statements on the certificate of veterinary inspection are correct;

 

6)         lists the cervid's unique individual official identification as defined in 9 CFR 55.25, 81.1 and 81.2 (2013) (approved ear tag, flank or ear tattoo or electronic implant).  In addition, each animal must be identified with a secondary identifier that is unique for the animal in the herd of origin;

 

7)         shows the permit obtained from the Department:

 

A)        Applicant for permit shall furnish the following information to the Department:

 

i)          Name and post office mailing address of Illinois destination;

 

ii)         Name and post office mailing address of consignor and/or source herds;

 

iii)        Number and unique official and secondary identification of cervidae in shipment;

 

iv)        Anniversary date and herd certification number of the source herds; and

 

v)         Name and telephone number of the herd veterinarian of the source herds.

 

B)        Grounds for refusal to issue permit are:

 

i)          Violation of the Act or this Part;

 

ii)         Presence of a disease that might endanger the Illinois livestock industry;

 

iii)        Refusal to provide required information for the permit.

 

C)        Permits will be issued by telephoning or writing the Department.

 

e)         Chronic wasting disease (CWD)

 

1)         Any CWD susceptible species dying or that has been euthanized due to an unknown cause and that has exhibited a neurological disorder is classified as a CWD-Suspect animal and must have its brain and medial retropharyngeal lymph nodes removed for CWD evaluation.  Any CWD susceptible species exhibiting symptoms of CWD must be kept separate and apart from other members of the herd and will be quarantined until the animal is either destroyed or determined not to have CWD.  Animals quarantined for CWD will be subject to periodic inspection by Department personnel. Herds containing CWD-Suspect animals shall be classified as CWD-Suspect herds and a herd plan will be developed.  No cervid may move out of a CWD-Suspect herd other than direct to slaughter until confirmatory testing has been completed on all CWD-Suspect animals and the test results are reported as CWD not detected.

 

2)         If CWD is diagnosed in a herd, the herd shall be classified as CWD-Positive and will be quarantined and a CWD herd plan will be developed.  The quarantine will remain in effect until either the herd has been depopulated or there has been no evidence of CWD in the herd for five years from the date of the last case, and all animals that have died, been euthanized or been slaughtered in the herd during that period were examined for CWD.

 

3)         If a herd received an animal from an affected herd within 60 months prior to the death of the affected animal, the trace-forward herd shall be classified as CWD-Exposed and a CWD herd plan will be developed.  A CWD-Exposed herd has two options:

 

A)        The animal from the affected herd shall be removed and examined for CWD. If the animal is positive, the herd shall be classified as CWD-Positive and managed as in subsection (e)(2).  If CWD is not detected in the animal, a herd plan shall be developed that includes a five year surveillance of the herd, with mandatory reporting of the death of all animals and examination of all mortalities for CWD.

 

B)        If the trace-forward animal is not removed, the herd will be quarantined and a herd plan developed.  The herd will be under quarantine for five years, if the herd was participating in the Certified Monitored Chronic Wasting Disease program, and any surveillance done after the arrival of the trace animal will be counted as time in quarantine.

 

4)         If an animal dies of CWD within 60 months after changing herds, the herd of origin shall be considered as the trace-back herd and shall be classified as CWD-Exposed.  A herd plan will be developed.  The herd will be quarantined for five years from the last case traced back to the herd with mandatory mortality reporting and CWD testing of all animals.

 

5)         For CWD susceptible species changing ownership or moving within the State, the owner must obtain a permit issued by the Department prior to movement and the cervidae must originate from a herd that is enrolled in the Certified Monitored Chronic Wasting Disease (CWD) Program or the Contained Monitored Chronic Wasting Disease Program.  The permit may be obtained no more than 72 hours in advance of the movement of the cervids by providing the following information:

 

A)        Name and complete mailing address of person selling the cervids;

 

B)        Certified Monitored Chronic Wasting Disease or Contained Monitored Chronic Wasting Disease Herd number;

 

C)        Name and complete mailing address of person purchasing the cervids; and

 

D)        Number of animals and unique official and secondary identification of the animals.

 

6)         For CWD susceptible species entering Illinois for immediate slaughter, the owner must:

 

A)        Notify the Department at least seven days prior to shipment providing the Department with the number of animals to be slaughtered and the name and address of the slaughter facility; and

 

B)        Obtain a permit from the Department no more than 72 hours in advance of shipment confirming the name of the slaughter facility, the date the animals will be shipped, and the individual official and secondary identification numbers for each animal.

 

7)         Grounds for refusal to issue permit are:

 

A)        Violation of the Act or this Part;

 

B)        Presence of a disease that might endanger the Illinois livestock industry; and

 

C)        Refusal to provide required information for the permit.

 

8)         Permits may be requested by telephone or writing the Department.

 

f)         Requirements for Establishing and Maintaining Certified Monitored Chronic Wasting Disease (CWD) Herds

 

1)         General requirements

 

A)        Certification for Certified Monitored CWD Herds shall be valid for one year, unless revoked due to disclosure of CWD in the herd, and shall be issued by the Department.

 

B)        Certification shall be extended for a period of one year upon compliance with recertification requirements.

 

C)        A CWD Certified Monitored Herd Management Agreement must be completed, signed and submitted to the Department for approval.

 

D)        All animals shall be individually identified as defined in 9 CFR 55.25, 81.1 and 81.2 (2013) (approved ear tag, flank or ear tattoo, or electronic implant). In addition, each animal must be identified with a secondary identifier that is unique for the animal in the herd of origin.

 

E)        Herd premises must have perimeter fencing adequate to prevent ingress and egress of cervidae.

 

2)         To qualify or renew a herd for certified monitored status

 

A)        An annual herd inventory and facility inspection must be completed and verified by an accredited veterinarian, or a state or federal veterinarian, animal health investigator or animal health technician, or an authorized representative of the Illinois Department of Natural Resources, within 9-15 months from the anniversary date of the enrollment of the herd in the program.  Herds that have not completed the required inventory and inspection within this period of time will be removed from the program.  Reinstatement of herds will be at Monitored Herd level 1 status. The inventory and facility inspection must include:

 

i)          Unique official and secondary identification, age and sex of all animals in the herd;

 

ii)         Disposition of all animals not present;

 

iii)        Source of purchased additions;

 

iv)        Documentation of all interstate movement;

 

v)         Visusal inspection of fencing and cervidae within the enclosure;

 

vi)        Review of herd records for inventory and identification accuracy and to verify the records retention requirement is met; and

 

vii)       Signature of both the owner and the person verifying the inventory and facility inspection.

 

B)        The owner must:

 

i)          Submit the obex and medial retropharyngeal lymph nodes of all animals 12 months of age or older that have died or been killed or slaughtered for CWD examination at an approved laboratory;

 

ii)         Immediately report to the Department all mortalities of animals within a CWD susceptible species that are 12 months of age and older;

 

iii)        Individually identify all animals with official identification and secondary identification that is unique to the animal in the herd.  All natural additions to the herd must be officially and secondarily identified before they are 12 months of age;

 

iv)        Immediately report to the Department all animals that escape or disappear from the herd and make every reasonable effort to recapture the animals once it is discovered there has been an escape;

 

v)         Submit all CWD susceptible species for a physical inventory (under individual restraint) every 3 years (or as otherwise required) by an accredited veterinarian, or a state or federal veterinarian, an animal health investigator or animal health technician, or an authorized representative of the Illinois Department of Natural Resources;

 

vi)        Maintain herd inventory records for a minimum of 5 years for each animal in the herd;

 

vii)       Provide a detailed description of the physical facilities and the specific premises location of the herd either through GPS identification or through a detailed description of the location.

 

3)         Levels of certification

 

A)        The Department will issue certification of herd monitoring upon completion of the annual herd inventory and review by the Department.

 

B)        Herds will be certified as follows:

 

i)          Monitored Herd, followed by number of years of participation; and

 

ii)         Certified Herd, followed by number of years of participation.  A herd will be certified at the end of five years of participation.

 

4)         Herd additions are allowed under the following circumstances:

 

A)        Animals may enter the herd from herds of equal or higher status.

 

B)        Animals entering the herd from a herd of lower status will result in the herd's level reverting to the level of the purchased animals.

 

C)        Acquiring animals from Contained Monitored CWD Herds will result in the herd status being reclassified as a Contained Monitored CWD Herd.

 

g)         Requirements for Establishing and Maintaining Contained Monitored Chronic Wasting Disease (CWD) Herds

 

1)         General requirements

 

A)        Certification for Contained Monitored CWD Herds shall be valid for one year, unless revoked due to disclosure of CWD in the herd, and shall be issued by the Department.

 

B)        Certification shall be extended for a period of one year upon compliance with recertification requirements.

 

C)        All animals being purchased or sold shall be individually identified with an approved tag, microchip or tattoo.

 

D)        Animals from Contained Monitored CWD Herds are not eligible for interstate movement except for movement direct to slaughter.

 

2)         To qualify or renew a herd for certified contained monitored status

 

A)        An annual herd inventory must be completed and verified by an accredited veterinarian, or a state or federal veterinarian, animal health investigator or animal health technician, or an authorized representative of the Illinois Department of Natural Resources, within 9-15 months from the anniversary date of the enrollment of the herd in the program. Herds that have not completed the required inventory and inspection within this period of time will be removed from the program.  Reinstatement of herds will be at Contained Monitored Herd level 1 status. The inventory must include:

 

i)          Approximate number of animals in herd;

 

ii)         Disposition of all animals not present;

 

iii)        Source of purchased additions;

 

iv)        Documentation of all interstate movement; and

 

v)         Signature of both the owner and the person verifying the inventory.

 

B)        The owner must:

 

i)          Submit the obex and medial retropharyngeal lymph nodes of all animals within a CWD susceptible species that are 12 months of age or older and that have died or been killed or slaughtered for CWD examination at an approved laboratory;

 

ii)         Individually identify all animals entering or leaving the herd with official identification and secondary identification that is unique to the animal in the herd; and

 

iii)        Provide a detailed description of the physical facilities and the specific premises location of the herd either through GPS identification or through a detailed description of the location.

 

3)         Levels of certified contained monitored status

 

A)        The Department will issue certified contained monitored status upon completion of the annual herd inventory and review by the Department.

 

B)        Herds will be classified as follows:

 

i)          Monitored Herd, followed by number of years of participation; and

 

ii)         Certified Contained Monitored Herd, followed by number of years of participation.  A herd will be certified at the end of five years of participation.

 

4)         Herd additions are allowed under the following circumstances:

 

A)        Animals must be individually identified with official identification and secondary identification that is unique to the animal in the herd;

 

B)        Animals may enter the herd from herds of equal or higher status; and

 

C)        Animals entering the herd from a herd of lower status will result in the herd's level reverting to the level of the purchased animals.

 

h)         For cervids entering or moving within Illinois for slaughter purposes, the owner must contact the Department for a permit to move the animals, providing the Department with the individual identification of each animal to be slaughtered, the owner's name and mailing address, and the name and address of the slaughter facility.

 

(Source:  Amended at 38 Ill. Reg. 20655, effective October 16, 2014)

 

Section 85.125  Ratites

 

a)         All ratites (i.e., emus, kiwis, cassowaries, rheas, ostriches) entering Illinois shall comply with the following:

 

1)         Be negative to a test for Avian influenza within 10 days prior to importation;

 

2)         Be accompanied by a Certificate of Veterinary Inspection issued within 30 days prior to entry by an accredited veterinarian of the state of origin or a veterinarian in the employ of the United States Department of Agriculture indicating that the ratites are free from visible evidence of any contagious, infectious, or communicable disease or exposure thereto;

 

3)         Be permanently identified by means of a leg band, wing band, neck band or microchip; and

 

4)         Be accompanied by a permit issued by the Department.  The permit number shall be issued to the veterinarian issuing the Certificate of Veterinary Inspection or the consignor of the ratites.

 

A)        Applicant for the permit shall furnish the following information to the Department:

 

i)          Name and address of Illinois destination;

 

ii)         Name and address of consignor; and

 

iii)        Number of ratites in shipment.

 

B)        Grounds for refusal to issue a permit are:

 

i)          Violation of the Act or any rule of this Part; and

 

ii)         Presence of a disease which might endanger the Illinois poultry industry.

 

b)         Ratites imported into Illinois must be kept isolated from other ratites or poultry on the premises for a minimum of 14 days.

 

(Source:  Amended at 34 Ill. Reg. 19399, effective January 1, 2011)

 

Section 85.130  Vesicular Stomatitis

 

All veterinarians issuing Certificates of Veterinary Inspection for livestock including equine, bovine, porcine, caprine, ovine, and cervidae transported into Illinois from any state with a confirmed diagnosis of vesicular stomatitis within the past 30 days must include the following statement on the Certificate of Veterinary Inspection:  "Vesicular stomatitis has not been diagnosed on the premises of origin within the past thirty days. I have examined the premises of origin and have found no signs of vesicular stomatitis."

 

(Source:  Amended at 21 Ill. Reg. 17049, effective January 1, 1998)

 

Section 85.135  Requirements for Establishing and Maintaining a Herd Under the Voluntary Paratuberculosis (Johne's Disease) Certification Program

 

a)         The following definitions shall be applicable to this Section:

 

1)         "Accredited laboratory" means a laboratory operated by the Illinois Department of Agriculture, the University of Illinois College of Veterinary Medicine, or a laboratory approved by the Director (on the basis of its using USDA approved methods).

 

2)         "Animal" means cattle, bison, buffalo, goats, llamas, or members of the cervid family.

 

3)         "Cow-side", "pen-side" or "on-site" test means any test approved by the USDA for M. avium paratuberculosis that can be performed in the field by an accredited veterinarian.  Veterinarians must receive approval from the Department to use this test, and all results must be reported to the Department within 10 days.  The test cannot be performed in a herd participating in the Voluntary Johne's Disease Certification Program.

 

4)         "Herd" means all animals under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm, ranch), or all animals on two or more premises geographically separated, but on which animals have been interchanged or where there has been contact between the premises.  Contact of animals between separated premises under common management shall be assumed to have occurred unless otherwise established by the herd owner or manager.  Each separate species of animal shall be considered as a separate herd.

 

5)         "Positive animal" means an animal infected with Mycobacterium avium paratuberculosis, only if M. avium paratuberculosis is demonstrated by an organism detection test on tissues or feces of the animal.

 

6)         "M. avium paratuberculosis-detection test" or "organism detection test" means any test sufficiently sensitive and specific for detection of M. avium paratuberculosis in fecal samples.  Definitions of "sufficiently sensitive and specific" will be on the basis of results of performance of a check test and proficiency standards set by the Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program  (June 1, 2006).  Any test approved by the USDA for M. avium paratuberculosis organism detection (i.e., fecal culture or PCR (polymerase chain reaction) test for M. avium paratuberculosis) is acceptable as long as it is performed at an accredited laboratory.

 

7)         "Serum antibody test" means any test sufficiently sensitive and specific for detection of antibodies to M. avium paratuberculosis in bovine serum. Definition of "sufficiently sensitive and specific" will be on the basis of results of performance of a check test and proficiency standards set by the Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program (June 1, 2006), as recommended and approved by the U.S. Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228).  Any test approved by the USDA for serum antibody detection (i.e., ELISA for M. avium paratuberculosis) is acceptable as long as it is performed at an accredited laboratory.

 

b)         Criteria for herds qualified to enter into the certification program:

 

1)         Participation in this program is voluntary and the producer/owner is responsible for the cost of testing.

 

2)         The herd has been in existence for at least one year or the herd was assembled with animals originating directly from paratuberculosis-certified herds only.

 

3)         A herd assembled with animals originating directly from certified herds only shall start at the lowest certification level of the herds from which the assembled animals were acquired.  A negative first-herd test will qualify the newly-assembled herd for the first certification level.

 

4)         All animals must have an approved, permanent, unique, legible identification other than a plastic ear tag or neck chain.  Acceptable types of approved, permanent, unique, legible identification include registration or association numbers accompanied by identification document, breed registry ear tattoos, USDA uniform series ear tag (metal tags), freeze branding when the brand is listed on the breed registration certificate and electronic identification (microchips) as long as a reader is supplied by the owner or is readily available.

 

c)         Voluntary Johne's disease herd status for cattle shall be established and maintained in accordance with the Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program (June 1, 2006) that was approved and adopted by the U.S. Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia  23228), with the exceptions listed in subsection (c)(1).

 

1)         Exceptions

 

A)        The organism detection test will be accepted for testing at any level;

 

B)        Test eligible animals are all animals 24 months of age and older; and

 

C)        The testing strategy using environmental sampling is not allowed. Only animal testing is recognized for herd certification or herd testing for the Risk Management program.

 

2)         Herd owners using either the Fast Track or the Standard Track certification program must sign a herd agreement prior to acceptance into the program.

 

d)         Criteria for certifying bison, buffalo, goats, llamas or members of the cervid family herds under the Illinois Voluntary Johne's Disease Herd Certification Program.

 

1)         The following certification levels will be awarded compliance with certification requirements:

 

Level 1 − herd tested negative after one sampling.

 

Level 2 − herd tested negative after two samplings.

 

Level 3 − herd tested negative after three samplings.

 

Level 4 − herd tested negative after four samplings.

 

Level 5 − herd tested negative after five samplings.

 

Level 5 Monitored − herd tested negative after six or more samplings.

 

2)         Certification requirements:

 

A)        For annual certification, all animals 24 months of age and older must be tested.

 

B)        Certified herds must be tested every 12 months (+/- 2 months).

 

C)        All tests must be performed at an accredited laboratory.

 

D)        An organism detection test for M. avium paratuberculosis (i.e., fecal culture or PCR) must be conducted.

 

E)        Fecal collection must be done either by, or under the direct supervision of, an accredited veterinarian who must verify that the samples were collected from the animals identified on the test documents.

 

F)         The owner must certify on an agreement form prescribed by the Department:

 

i)          At the initial test date, the herd has been in existence for at least one year or was assembled only from herds enrolled in a M. avium paratuberculosis program and are at the same or higher level than the herd.  Animals purchased from herds participating in M. avium paratuberculosis programs outside of Illinois must have that state's program approved by the Director prior to certification.

 

ii)         At each test date, all animals in the herd 24 months of age or older were sampled and included in the herd test. A herd can qualify for certification through a split herd testing program.  The producer must test all test-eligible animals at least once a year throughout a 12 month period.  The anniversary date would be the date that the herd test is completed for the year.  The testing schedule for the year must be described in the annual herd agreement.

 

iii)        At each test date, a list identifying all animals previously tested but no longer in the herd  must be provided to the Department.

 

iv)        At each test date, all animals added to the herd since the last herd  test were natural additions to (born into) the herd, purchased from participating herds, or were tested at the time of arrival on the premises (see subsection (d)(6)).

 

v)         At each test date, with a written statement sent to the Department certifying to the best of his/her knowledge no animal that left the herd tested positive for paratuberculosis or was exhibiting clinical signs of Johne's disease.

 

3)         Upon completion of the required testing and review by the Director, the Department shall issue a certificate verifying the herd's status.

 

4)         Handling of animals exhibiting clinical signs:

 

A)        All animals exhibiting clinical signs of M. avium paratuberculosis must be tested and isolated from the herd pending the test results.  An organism detection test (i.e., fecal culture or PCR) must be used on feces from animals exhibiting clinical signs.

 

B)        A negative result on the M. avium paratuberculosis detection test will allow the herd to move to the next certification level.

 

5)         Suspension or revocation of herd certification:

 

A)        Identification of positive animals

 

i)          Identification

Identification of a positive animal using the organism detection test during the certification herd test will result in the loss of certification status.  The next negative test will qualify the herd for Level 1 certification.

 

ii)         Confirmation

If a positive animal is detected on any other test for Johne's disease during the current certification period other than by an organism detection test, the herd's certification will be suspended pending a confirmatory organism detection test of that animal.

 

B)        Herds not tested within 14 months after the last sampling will lose their certification status.  The next negative herd test will qualify the herd for Level 1 certification.

 

6)         Herd Additions.  Animals purchased from another herd participating in a M. avium paratuberculosis certification program may enter the herd without further testing, and will be tested along with the herd at the next annual test.  Animals originating from herds that are not participating in a M. avium paratuberculosis certification program must be isolated from the other members of the herd until a negative organism detection test has been received.  Isolation means that the animal can have no opportunity to share feed or water receptacles with other members of the herd, and there can be no chance of fecal contamination from the animal.

 

7)         Protocol. If an animal sold from a certified herd is identified as positive:

 

A)        If an animal sold from a certified negative herd is identified as positive by an organism detection test within 16 months after the date of sale, the selling certified herd  may, within 120 days after being notified, be required to conduct a herd retest of all eligible animals. Determination of retesting of the herd will be made by the Director based upon, but not limited to, the level of certification of the herd, the last negative organism detection test of the herd and the status of the other animals in the purchasing herd, if known.

 

B)        The selling certified herd will maintain its present certification status pending the results of the herd test or at the determination of the Director based on epidemiological evidence provided by a state or federal veterinarian.

 

C)        If the herd retest is negative, the herd will maintain its "present" certification status.  The herd owner/manager shall then have the option of maintaining his/her present test schedule or rescheduling his/her herd test date so that his/her next herd test is not due until 12 months after the retest.

 

D)        If a positive animal is identified on this retest, the selling herd will lose its certification status.  The next negative herd test will qualify the herd for Level 1 certification.

 

(Source:  Amended at 40 Ill. Reg. 2682, effective January 22, 2016)

 

Section 85.140  Requirements for Establishing and Maintaining a Herd Under the Voluntary Paratuberculosis (Johne's Disease) Risk Management Program

 

a)         The following definitions shall be applicable to this Section:

 

"Accredited laboratory" means a laboratory operated by the Illinois Department of Agriculture, the University of Illinois College of Veterinary Medicine, or a laboratory approved by the Director (on the basis that it is using USDA approved methods).

 

"Certified Johne's Disease Veterinarian" means a veterinarian who has completed a prescribed course and field training for conducting risk assessments and writing herd plans for herds dealing with Johne's disease.  Certification will be issued by the State Veterinarian and/or the designated Johne's Disease Coordinator.

 

"Herd" shall mean all animals under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm, ranch), or all animals on two or more premises geographically separated, but on which animals have been interchanged or where there has been contact between the premises. Contact of animals between separated premises under common management shall be assumed to have occurred unless otherwise established by the herd owner or manager.  Each separate species of animal shall be considered as a separate herd.

 

"M. avium paratuberculosis-detection test" or "organism detection test" means any test sufficiently sensitive and specific for detection of M. avium paratuberculosis in fecal samples.  Definition of "sufficiently sensitive and specific" will be on the basis of results of performance of a check test and proficiency standards set by the Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program (June 1, 2006).  Any test approved by the USDA for M. avium paratuberculosis organism detection (i.e., fecal culture test or PCR for M. avium paratuberculosis) is acceptable as long as it is performed at an accredited laboratory.

 

"Serum antibody test" means any test sufficiently sensitive and specific for detection of antibodies to M. avium paratuberculosis in bovine serum.  Definition of "sufficiently sensitive and specific" will be on the basis of results of performance of a check test and proficiency standards set by the Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program (June 1, 2006),  approved by the U.S. Animal Health Association (P. O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228).  Any test approved by the USDA for serum antibody detection (i.e., ELISA for M. avium paratuberculosis) is acceptable as long as it is performed at an accredited laboratory.

 

b)         Criteria for herds qualified to enter into the risk management program:

 

1)         Participation in this program is voluntary and the producer/owner is responsible for the cost of testing.

 

2)         The herd has been in existence for at least one year or the herd was assembled with animals originating directly from paratuberculosis-certified or risk managed herds only.

 

3)         A herd assembled with animals originating directly from risk managed herds only shall start at the lowest certification level of the herds from which the assembled animals were acquired.

 

4)         All animals must have an approved, permanent, unique, legible identification other than a plastic ear tag or neck chain.  Acceptable types of approved, permanent, unique, legible identification include registration or association numbers accompanied by identification document, breed registry ear tattoos, USDA uniform series ear tag (metal tags), freeze branding when the brand is listed on the breed registration certificate and electronic identification (microchips) as long as a reader is supplied by the owner or is readily available.

 

c)         Criteria for enrolling and maintaining cattle, buffalo or bison herds under the Illinois Voluntary Johne's Disease Risk Management Program.

 

1)         The following certification levels will be awarded compliance with certification requirements:

 

A)        Level A − 30 head or the whole herd has been tested with no positives disclosed.

 

B)        Level B − the whole herd has been tested with less than 5% (0% to 4.99%) of the animals testing positive.

 

C)        Level C − the whole herd has been tested with 5% to 14.99% of the animals testing positive.

 

D)        Level D − the whole herd has been tested with 15% or greater of the animals testing positive, or 30 head were tested with one or more positive animals disclosed.

 

E)        Potential Maximum Risk herds have had no animals tested or do not disclose any test results.

 

F)         A level achievement year representing when the herd reached the status level will be added to the status designation (e.g., Level A since 1999).

 

2)         Certification requirements:

 

A)        Testing shall be done annually within 10-14 months after the initial status testing anniversary date and a herd shall remain at that level for a year, regardless of the amount of testing completed during that time. A herd can qualify through a split herd testing program.  The producer must test all test-eligible animals at least once a year throughout a 12 month period with the exception of any "J" punched animals in the herd. "J" punched animals do not have to be tested, but must be accounted for on the annual herd agreement.  The anniversary date would be the date that the herd test is completed for the year.  The testing schedule for the year must be described in the annual herd agreement.

 

B)        A fecal culture, PCR or ELISA test may be used for certification.

 

C)        Whole herd tests are conducted on all animals two years of age and older.

 

D)        Tests on 30 animals must be a random sampling of animals two years of age and older.  The same animals should not be tested in consecutive testing years.

 

E)        All tests must be performed at an accredited laboratory.

 

F)         Fecal and blood collection must be done either by, or under the direct supervision of, an accredited veterinarian, who must verify that the samples were collected from the animals identified on the test documents.

 

G)        An annual risk assessment and updated herd plan has been completed for the herd by a Certified Johne's Disease Veterinarian or a state or federal veterinarian.

 

3)         Upon completion of the required testing and review by the Director, the Department shall issue a certificate verifying the herd's status.

 

4)         Herds not tested within 14 months after the last sampling will lose their certification status.  Herds that stop testing but continue to have an annual risk assessment and herd plan completed by a certified Johne's disease veterinarian and follow the management guidelines prescribed in the herd plan will maintain their certification status.

 

d)         Criteria for enrolling and maintaining cervid or goat herds under the Illinois Voluntary Johne's Disease Risk Management Program.

 

1)         The following certification levels will be awarded compliance with certification requirements:

 

A)        Level A − 30 head or the whole herd has been tested with no positives disclosed.

 

B)        Level B − the whole herd has been tested with less than 5% (0% to 4.99%) of the animals testing positive.

 

C)        Level C − the whole herd has been tested with 5% to 14.99% of the animals testing positive.

 

D)        Level D − the whole herd has been tested with 15% or greater of the animals testing positive, or 30 head were tested with one or more positive animals disclosed.

 

E)        Potential Maximum Risk herds have had no animals tested or do not disclose any test results.

 

F)         A level achievement year representing when the herd reached the status level will be added to the status designation (e.g., Level A since 2002).

 

2)         Certification requirements:

 

A)        Testing shall be done annually within 10-14 months after the initial status testing anniversary date and a herd shall remain at that level for a year, regardless of the amount of testing completed during that time.  A herd can qualify through a split herd testing program.  The producer must test all test-eligible animals at least once a year throughout a 12 month period with the exception of any "J" punched animals in the herd.  "J" punched animals do not have to be tested, but must be accounted for on the annual herd agreement.  The anniversary date would be the date that the herd test is completed for the year.  The testing schedule for the year must be described in the annual herd agreement.

 

B)        The fecal culture must be used for certification.

 

C)        Whole herd tests are conducted on all animals two years of age and older.

 

D)        Tests on 30 animals must be a random sampling of animals two years of age and older.  The same animals should not be tested in consecutive testing years.

 

E)        All tests must be performed at an accredited laboratory.

 

F)         Fecal collection must be done either by, or under the direct supervision of, an accredited veterinarian, who must verify that the samples were collected from the animals identified on the test documents.

 

3)         Upon completion of the required testing and review by the Director, the Department shall issue a certificate verifying the herd's status.

 

4)         Herds not tested within 14 months after the last sampling will lose their certification status.

 

e)         Additions to the herd.  Animals purchased from another herd participating in an M. avium paratuberculosis certification program may enter the herd without further testing, and will be tested along with the herd at the next annual test.  Animals originating from herds that are participating in Johne's Disease Risk Management Program and are of the same level as the purchasing herd can be added to the herd without further testing and be tested on the next annual test.  If the purchased additions originate from herds that are of a lower risk management level or are from a herd that has not been tested, the purchasing herd will assume the level of the purchased additions or will lose its herd status unless the animals have had a negative test within 30 days prior to purchase, or are isolated from the other members of the herd until a negative test has been received.  Isolation means that the animal can have no opportunity to share feed or water receptacles with other members of the herd, and there can be no chance of fecal contamination from the animal.

 

(Source:  Amended at 40 Ill. Reg. 2682, effective January 22, 2016)

 

Section 85.145  Johne's Disease Positive Animals

 

Any animals found to be positive for Johne's disease on an organism detection (culture) test shall be "J" punched in the left ear within 30 days after diagnosis.  The "J" punch shall be no smaller than one inch in height for cattle or bison or one-half inch for cervids or goats.  Animals found to be positive on an organism detection test can only be sold for slaughter.

 

(Source:  Amended at 40 Ill. Reg. 2682, effective January 22, 2016)

 

Section 85.150  Importation of Animals; Permit Required

 

a)         All animals entering Illinois for the purpose of livestock production or exhibition must be accompanied by a permit from the Department and an official certificate of veterinary inspection or VS Form 9-2 or 9-3 in the case of poultry.

 

b)         The official certificate of veterinary inspection must:

 

1)         Be issued by an accredited veterinarian of the state of origin, by a veterinarian in the employ of the United States Department of Agriculture, or by a licensed veterinarian of the country of origin;

 

2)         Be approved by the animal health official of the state or country of origin;

 

3)         Show that the animals are free from visible evidence of contagious, infectious or communicable diseases; and

 

4)         Show the state or country of origin.

 

c)         Permits:

 

1)         Permits will be issued by telephoning or writing the Department.

 

2)         An applicant for permit shall furnish the following information to the Department:

 

A)        Name and complete mailing address of Illinois destination;

 

B)        Name and address of consignor; and

 

C)        Number and species of animals in shipment.

 

3)         Grounds for refusal to issue a permit are:

 

A)        Violation of the Act or this Part; or

 

B)        Presence of a disease or contamination that might endanger the Illinois livestock industry or pose a threat to public health.

 

(Source:  Amended at 34 Ill. Reg. 19399, effective January 1, 2011)

 

Section 85.155  Release from Quarantine

 

a)         Upon the satisfaction of the Director that the reason for quarantine no longer exists, animals and premises quarantined under the Act will be released.  The requirements for release will be determined using the most recent veterinary medical information available for the condition and/or based on consultation with USDA or other federal agencies and will reference the federal recommendations, guidelines or requirements.

 

b)         Methods for quarantine release may include, but shall not be limited to:

 

1)         Complete and total depopulation of affected animals followed by Department approved methods of cleaning and disinfection of the quarantined premises, when appropriate, as verified by a Department representative.

 

2)         Completion of a Department approved testing protocol that proves the condition no longer exists in the affected and susceptible animals.

 

3)         The use of a Department approved vaccination protocol combined with an approved testing protocol and depopulation of the affected animals.

 

4)         Completion of a Department approved treatment protocol followed by a Department approved testing protocol proving the condition no longer exists in the treated animals.

 

5)         Fulfillment of the requirements for quarantine release provided in the Program Standards or the Uniform Methods and Rules published by USDA for the state/federal cooperative disease program applicable to the condition that prompted the quarantine. Current Program Standards and Uniform Methods and Rules can be obtained from the USDA Animal and Plant Health Inspection Service, 4700 River Road, Unit 84, Riverdale MD 20737-1234 or at http://www.aphis.usda.gov.

 

6)         After the lapse of an appropriate length of time, it is determined to the satisfaction of the Director that the condition for which the quarantine was issued no longer exists.

 

c)         Within 90 days after the issuance of a quarantine, the Department will provide the owner with a protocol through which the quarantine will be released.

 

(Source:  Added at 34 Ill. Reg. 19399, effective January 1, 2011)