Full Text of HB1170 97th General Assembly
HB1170enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Livestock Auction Market Law is amended by | 5 | | changing Section 8 as follows:
| 6 | | (225 ILCS 640/8) (from Ch. 121 1/2, par. 215)
| 7 | | Sec. 8.
Each livestock auction market shall, except on days | 8 | | when all
livestock
is consigned direct for immediate slaughter | 9 | | and except for sales restricted
to equidae, be under the direct
| 10 | | supervision of an accredited veterinarian approved by the | 11 | | Department and
each licensed livestock auction market | 12 | | designated as a marketing center
shall, except on days when all | 13 | | livestock is consigned direct for immediate
slaughter and | 14 | | except for sales restricted to equidae, be under the direct
| 15 | | supervision of an accredited veterinarian
approved by the | 16 | | Department. Except as otherwise provided in this Act and
by | 17 | | regulations, no
livestock known to be infected with or known to | 18 | | have been exposed to any
contagious, infectious, or | 19 | | communicable animal disease or infestation shall
be consigned | 20 | | to or sold through any livestock auction market. The
| 21 | | veterinarian shall examine or inspect all livestock that is | 22 | | offered for
sale and shall prohibit the sale of any animals | 23 | | which in his opinion are
diseased or which are likely to be |
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| 1 | | carriers of disease, and shall
quarantine such animals when | 2 | | necessary. The veterinarian shall also issue
or cause to be | 3 | | issued all necessary quarantines for livestock sold through
| 4 | | such markets. The name and address of the purchaser of any | 5 | | livestock sold
under or subject to quarantine, together with | 6 | | the description and number of
head of the livestock shall be | 7 | | reported to and filed with the Department
within 48 hours from | 8 | | date of sale. The veterinarian shall supervise the
cleaning and | 9 | | disinfecting of the yards and pens following each sale or at
| 10 | | such other times as may be necessary. Except as otherwise | 11 | | provided in this
Act, no female cattle or bulls more than 6 | 12 | | months of age shall be sold
through a livestock auction market, | 13 | | except for slaughter, unless such
cattle (a) are in compliance | 14 | | with the provisions of "An Act in relation to
the eradication | 15 | | of bovine brucellosis among domestic cattle", approved July
12, | 16 | | 1939, as amended or (b) are female cattle of the beef breeds | 17 | | over 6 and
under 18 months of age released on permit subject to | 18 | | the livestock
quarantine regulations of the Department for | 19 | | feeding or grazing purposes
only consigned direct from the farm | 20 | | to the livestock auction market or
shipped direct to the | 21 | | livestock auction market from other states , livestock auction | 22 | | markets, or marketing centers or public
stockyards within the | 23 | | State in accordance with Illinois statutory
requirements to be | 24 | | sold through the livestock auction market without test
for | 25 | | brucellosis or tuberculosis.
| 26 | | Bulls over 18 months of age, springer heifers and cows, or |
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| 1 | | heifers
and cows with calves, are
classed as breeding cattle | 2 | | and as such shall comply with the requirements
governing | 3 | | breeding cattle.
| 4 | | Calves under 3 months of age of all breeds, not with their | 5 | | dams, may
enter the State of Illinois without test for | 6 | | tuberculosis or brucellosis if
they are consigned to a licensed | 7 | | livestock auction market to be sold for
immediate slaughter.
| 8 | | Under the provisions of this Act, the Department of | 9 | | Agriculture is
authorized to make rules and regulations | 10 | | permitting or requiring the sale through
livestock auction | 11 | | markets, for immediate slaughter only, of any cattle
which upon | 12 | | being tested for brucellosis
react to an official test for | 13 | | brucellosis.
| 14 | | Livestock auction markets handling livestock during | 15 | | inclement weather
shall be equipped with facilities for housing | 16 | | the livestock during such
inclement weather. If livestock is | 17 | | held on the premises for more than 10
hours, facilities for | 18 | | feeding and watering the livestock shall be provided.
The | 19 | | yards, pens, and premises where livestock is held or handled | 20 | | shall be
regularly cleaned and disinfected for the purpose of | 21 | | preventing infectious,
contagious, and communicable animal | 22 | | diseases.
| 23 | | In case any livestock auction market shall sell livestock | 24 | | by weight, the
scales upon which such livestock is weighed | 25 | | shall be regularly inspected
and tested.
| 26 | | (Source: P.A. 89-463, eff. 5-31-96.)
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| 1 | | Section 10. The Illinois Bovine Brucellosis Eradication | 2 | | Act is amended by changing Sections 5, 6.1, and 6.3 as follows:
| 3 | | (510 ILCS 30/5) (from Ch. 8, par. 138)
| 4 | | Sec. 5. When one or more animals in a herd have been | 5 | | classified as reactors
to an official test, the entire herd, | 6 | | except steers, spayed heifers and
calves under 6 months of age, | 7 | | shall be quarantined immediately and the
owner so notified. An | 8 | | accredited veterinarian or a veterinarian in the
employ of the | 9 | | Animal and Plant Health Inspection Service of the United
States | 10 | | Department of Agriculture, or any successor agency, shall | 11 | | permanently
hot iron brand each animal classified
as a reactor, | 12 | | within 15 days after classification of such animal as a | 13 | | reactor,
on the left hip
with the letter "B", such letter to be | 14 | | not less than 2 nor more than 3
inches in height, and shall | 15 | | place a special identification tag in the left
ear of such | 16 | | reactor. The veterinarian applying an official test for
| 17 | | brucellosis shall immediately notify the Department of each | 18 | | such reactor on
forms furnished by the Department, giving the | 19 | | number of the tag placed in
the left ear and the number of any | 20 | | tag in the right ear. Reactors shall be
shipped for slaughter | 21 | | within 30 days of test date, except
that the Department may, | 22 | | upon request, grant an extension of not more than
30 days. | 23 | | Suspect animals which have a history of having aborted and are
| 24 | | from a herd containing reactors may be designated as reactors |
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| 1 | | by the
veterinarian obtaining the blood samples, when approved | 2 | | by the
Department.
Suspect animals in herds under quarantine | 3 | | due to brucellosis infection may
be designated as reactors by | 4 | | the Department if deemed advisable in the interest of
| 5 | | brucellosis eradication. No person shall remove any reactor | 6 | | identification
tag.
| 7 | | All animals classified as suspects to an official test | 8 | | shall be
positively identified and their movement restricted to | 9 | | the premises where
found until they are retested and found | 10 | | negative, or identified as
reactors.
| 11 | | Animals with a positive result to an official test at | 12 | | livestock auction markets or marketing centers may be | 13 | | slaughtered or returned to the herd of origin only by permit | 14 | | and must remain under quarantine for further evaluation.
| 15 | | (Source: P.A. 95-93, eff. 8-13-07; 95-335, eff. 8-21-07.)
| 16 | | (510 ILCS 30/6.1) (from Ch. 8, par. 139.1)
| 17 | | Sec. 6.1. Shipping of dairy or breeding cattle. The | 18 | | Department may require that no No dairy or breeding cattle
more | 19 | | than 6 months of age shall be shipped from any livestock | 20 | | auction markets or marketing centers public stockyards in
| 21 | | Illinois consigned to any point within the State unless they | 22 | | are accompanied by
a certificate of health issued by an | 23 | | accredited veterinarian or a veterinarian
employed by the | 24 | | Animal and Plant Health Inspection Service of the United States
| 25 | | Department of Agriculture, or any successor agency, showing |
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| 1 | | them to have been
negative to an official test for brucellosis | 2 | | prior to release from such public
stockyards or be under 24 | 3 | | months of age for beef breeds and 20 months of age
for dairy | 4 | | breeds and accompanied by a record of official brucellosis | 5 | | calfhood
vaccination.
| 6 | | Cattle consigned to livestock auction markets or marketing | 7 | | centers public stockyards in Illinois may enter such livestock | 8 | | auction markets or marketing centers public
stockyards without | 9 | | test or certificates of health showing them to be free
from | 10 | | brucellosis, however, the Department may require that these | 11 | | animals must be negative to an official test
for brucellosis | 12 | | before they are removed to an Illinois farm.
| 13 | | (Source: P.A. 90-192, eff. 7-24-97.)
| 14 | | (510 ILCS 30/6.3) (from Ch. 8, par. 139.3)
| 15 | | Sec. 6.3.
Female cattle of the beef breeds over 6 and under | 16 | | 18
months of age, for feeding and grazing purposes only, may | 17 | | enter the
State or may be shipped from public stockyards, | 18 | | marketing centers , or auction
markets within the State without
| 19 | | test for brucellosis. The Department may require that such Such | 20 | | cattle be held are under quarantine until they have
passed a | 21 | | negative brucellosis test and such test is reported to the
| 22 | | Department, or until a report of their disposal for slaughter | 23 | | is made to
the Department. They may be held in quarantine | 24 | | without test during their
feeding and grazing period, which | 25 | | period shall not exceed 12 months from
date of entry. Upon |
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| 1 | | application to the Department and at the discretion
of the | 2 | | Department such period may be extended for an additional period
| 3 | | not to exceed 90 days. When required by the Department, at At | 4 | | the expiration of the feeding and grazing
period the cattle | 5 | | shall be sold for immediate slaughter or tested for
brucellosis | 6 | | at the expense of the owner. The owner shall report such
| 7 | | disposition to the Department. Such cattle classified as | 8 | | reactors to an
official test for brucellosis shall be sold for | 9 | | immediate slaughter and
the owner shall report their disposal | 10 | | to the Department.
| 11 | | (Source: P.A. 90-192, eff. 7-24-97.)
| 12 | | Section 15. The Illinois Swine Brucellosis Eradication Act | 13 | | is amended by changing Sections 1.7, 2, 3, 4, and 5 as follows:
| 14 | | (510 ILCS 95/1.7) (from Ch. 8, par. 148f.7)
| 15 | | Sec. 1.7. Health certificate. "Health certificate" or | 16 | | "certificate of
health" or "interstate health
certificate" or | 17 | | "certificate of veterinary inspection" means a legible record, | 18 | | made on an official form of the state
of origin or the Animal | 19 | | and Plant Health Inspection Service of the United
States | 20 | | Department of Agriculture or any successor agency and issued by | 21 | | an
accredited veterinarian of the state of origin or a | 22 | | veterinarian in the
employ of the Animal and Plant Health | 23 | | Inspection Service of the United
States Department of | 24 | | Agriculture or any successor agency which shows that
the |
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| 1 | | animals listed thereon meet the health requirements of the | 2 | | state of
destination. The health certificate shall contain the | 3 | | name and address of
the consignor, the name and address of the | 4 | | consignee, and an accurate
description and identification of | 5 | | the animals by purebred registration
number, registry | 6 | | association approved individual tattoo, ear notch, or tag
in | 7 | | the right ear, and shall also indicate the health status of the | 8 | | animals,
including results and dates of required tests and | 9 | | vaccinations, if any.
A health certificate is valid for 30 days | 10 | | from the date of issuance.
| 11 | | (Source: P.A. 89-154, eff. 7-19-95.)
| 12 | | (510 ILCS 95/2) (from Ch. 8, par. 148g)
| 13 | | Sec. 2.
No person shall lease, loan, trade or sell any | 14 | | swine 4 months of
age and over for breeding purposes, or offer | 15 | | or receive the services of any
male swine for breeding | 16 | | purposes, unless such swine are accompanied by an
official | 17 | | brucellosis testing certificate showing that the swine have | 18 | | been tested by
an accredited veterinarian within 60 days prior | 19 | | to the date of such
transaction and found free of Brucella | 20 | | microorganisms ; , or the swine originated originate from a
| 21 | | validated brucellosis-free herd or originated from a Validated | 22 | | Brucellosis-free Area . Such test shall be recognized for one
| 23 | | change of ownership or premises only within the 60-day period. | 24 | | Except as
otherwise provided, a negative test shall be required | 25 | | for each change of
ownership or premises should a change of |
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| 1 | | ownership or premises occur within
60 days from date of test.
| 2 | | (Source: P.A. 76-226.)
| 3 | | (510 ILCS 95/3) (from Ch. 8, par. 148h)
| 4 | | Sec. 3.
An official test for the intrastate movement of | 5 | | swine , when required, shall be
conducted by any official State | 6 | | or Federal laboratory, except that an
accredited veterinarian | 7 | | may conduct such test when performing his official
duties at a | 8 | | livestock auction market stockyards registered under the | 9 | | Packers and Stockyards Act or
at a marketing center that has | 10 | | been approved by the U.S. Department of
Agriculture under the | 11 | | rules pertaining to an approved livestock facility. All
such | 12 | | tests shall be reported to the Department within 7
days of | 13 | | completion, upon forms provided by the Department.
| 14 | | (Source: P.A. 91-457, eff. 1-1-00.)
| 15 | | (510 ILCS 95/4) (from Ch. 8, par. 148i)
| 16 | | Sec. 4.
All breeding swine 4 months of age and over | 17 | | entering Illinois for
breeding or exhibition purposes shall be | 18 | | accompanied by an official
interstate health certificate, | 19 | | issued by an accredited veterinarian of the
state of origin, | 20 | | showing that such swine meet the Illinois entry
requirements | 21 | | and are negative to an official test for brucellosis conducted
| 22 | | by an official laboratory of the state of origin within 30 days | 23 | | prior to
entry. However, swine from a validated | 24 | | brucellosis-free herd or a
Validated Brucellosis-free Area may |
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| 1 | | enter the
State or be exhibited without a test for brucellosis | 2 | | when accompanied by a
certificate of health issued by an | 3 | | accredited veterinarian of the state of
origin or a | 4 | | veterinarian employed by the Animal and Plant Health Inspection
| 5 | | Service of the United States Department of Agriculture or any | 6 | | successor
agency, showing such swine to have originated from a | 7 | | Validated
Brucellosis-free Area or validated
Brucellosis-free | 8 | | brucellosis-free herd and giving the validated herd | 9 | | certificate number and
anniversary date.
| 10 | | (Source: P.A. 86-231.)
| 11 | | (510 ILCS 95/5) (from Ch. 8, par. 148j)
| 12 | | Sec. 5.
Illinois breeding swine 4 months of age and over | 13 | | for exhibition
within the State of Illinois shall meet all | 14 | | requirements for exhibition
purposes and shall also be | 15 | | accompanied by an official brucellosis
certificate of health | 16 | | showing the swine to have been negative to an official test for
| 17 | | brucellosis conducted within 90 days of date of exhibition | 18 | | unless such
swine originate are from a validated | 19 | | Brucellosis-free brucellosis-free or Validated | 20 | | Brucellosis-free Area herd as provided in Section 4
of this | 21 | | Act.
| 22 | | (Source: P.A. 76-226.)
| 23 | | (510 ILCS 30/1.9 rep.) | 24 | | Section 20. The Illinois Bovine Brucellosis Eradication |
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| 1 | | Act is amended by repealing Section 1.9.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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