PART 55 HATCHERIES, POULTRY FLOCKS, AND PRODUCE THEREOF : Sections Listing

TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS (EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)
PART 55 HATCHERIES, POULTRY FLOCKS, AND PRODUCE THEREOF


AUTHORITY: Implementing and authorized by the Poultry Inspection Act [510 ILCS 85].

SOURCE: Regulations Relating to Hatcheries, Poultry Flocks, and the Produce Thereof, filed January 17, 1972, effective January 27, 1972; amended at 3 Ill. Reg. 33, p. 343, effective August 17, 1979; codified at 5 Ill. Reg. 10446; amended at 8 Ill. Reg. 5929, effective April 23, 1984; amended at 9 Ill. Reg. 18423, effective November 19, 1985; amended at 16 Ill. Reg. 11766, effective July 8, 1992; amended at 20 Ill. Reg. 1537, effective January 12, 1996; amended at 23 Ill. Reg. 423, effective January 1, 1999; amended at 30 Ill. Reg. 10062, effective May 22, 2006; amended at 43 Ill. Reg. 4510, effective March 26, 2019.

 

Section 55.5  Definitions

 

Definitions for the rules of this Part can be located in the general definition Section (8 Ill. Adm. Code 20.1).

 

(Source:  Added at 8 Ill. Reg. 5929, effective April 23, 1984)

 

Section 55.10  Shipments of Poultry or Hatching Eggs

 

a)         All shipments of poultry or hatching eggs entering or moving within Illinois shall:

 

1)         be accompanied by a "Report of Sales of Hatching Eggs, Chicks and Poults" (VS Form 9-3); or

 

2)         be accompanied by a Certificate of Veterinary Inspection approved by the chief livestock official of the state of origin which states that the poultry originated from a flock that has been tested for pullorum and typhoid diseases within one year and was free of reactors to these diseases.

 

b)         In addition to the above requirements, all poultry or hatching eggs entering or moving within Illinois for table egg production shall originate from a flock that meets the U.S. S. Enteritidis requirements under the National Poultry Improvement Plan for Breeding Poultry (9 CFR 145, 2018) and Auxiliary Provisions on National Poultry Improvement Plan (9 CFR 147, 2018). Incorporation of federal rules does not include later amendments or editions.

 

(Source:  Amended at 43 Ill. Reg. 4510, effective March 26, 2019)

 

Section 55.20  Infected Flock

 

A flock deemed to be infected with pullorum-typhoid by the Department shall be quarantined until all known reactors have been slaughtered, the remaining poultry in the flock or in the hatchery have been tested, and the flock deemed eligible for release by the Department.  The Department will give permission upon written request to sell all or part of a quarantined flock for slaughter.  Flocks shall be released upon being tested with no reactors on two complete tests no less than 21 days apart.

 

(Source:  Amended at 8 Ill. Reg. 5929, effective April 23, 1984)

 

Section 55.30  Classification of Flock

 

If a reactor is found on the stained-antigen, rapid, whole-blood test for pullorum-typhoid, this shall be verified by submitting the reactor bird or birds (up to a maximum of 4 birds) to an approved laboratory for examination; laboratory results will be used to determine whether a flock is classified as clean or infected.

 

(Source:  Amended at 8 Ill. Reg. 5929, effective April 23, 1984)

 

Section 55.40  Breeding Poultry

 

a)         All breeding poultry (20 weeks of age or older) must be tested and comply with the National Poultry Improvement Plan for Breeding Poultry (9 CFR 145 (2018)) and Auxiliary Provisions on National Poultry Improvement Plan (9 CFR 147 (2018)) for pullorum-typhoid.  The Department participates in the National Poultry Improvement Plan as an Official State Agency cooperating through a Memorandum of Understanding.  Incorporation of federal rules does not include later amendments or editions.

 

b)         The Department only requires compliance with the expressed requirements of the National Poultry Improvement Plan in order for a participant to be in compliance with the Plan, except as provided for in this Part.

 

(Source:  Amended at 43 Ill. Reg. 4510, effective March 26, 2019)

 

Section 55.45  Turkeys

 

a)         All turkeys entering Illinois and not consigned to slaughter must originate from flocks or hatcheries that are officially classified as U.S. Mycoplasma Gallisepticum Clean in accordance with the provisions of the National Poultry Improvement Plan (9 CFR 145.43(c) (2018)) or be negative to a test for Mycoplasma gallisepticum within 30 days prior to entry. Incorporation by reference shall not include later amendments or editions beyond the date specified.

 

b)         Hatching eggs entering Illinois shall originate from hatcheries or flocks that are officially classified as U.S. Mycoplasma Gallisepticum Clean.

 

c)         Turkeys and hatching eggs entering Illinois shall be accompanied by a health certificate that shall indicate either that the turkeys are negative to a test for Mycoplasma gallisepticum or that they originated from U.S. Mycoplasma Gallisepticum Clean flocks or hatcheries.

 

(Source:  Amended at 43 Ill. Reg. 4510, effective March 26, 2019)

 

Section 55.50  Persons Who May Perform the Test

 

Persons officially approved by the Department may perform the stained-antigen, rapid, whole-blood test for pullorum-typhoid.  Approval shall be given by the Department after the applicant has orally described and physically demonstrated proper testing procedures (found in USDA's National Poultry Improvement Plan Program Standards (January 2017)) to Department inspectors, veterinarians or laboratory personnel and has correctly interpreted test results.  Each individual authorized to perform the test in the State will be sent a card showing his or her authorization to perform the test.

 

(Source:  Amended at 43 Ill. Reg. 4510, effective March 26, 2019)

 

Section 55.60  Inspection

 

All reports of pullorum and typhoid will be investigated by a State inspector or veterinarian.  Inspection of hatcheries and flocks shall be performed during regular business hours by the Department. Pullorum-typhoid testing of flocks and exhibition birds shall be performed during regular business hours by the Department.

 

(Source:  Amended at 8 Ill. Reg. 5929, effective April 23, 1984)

 

Section 55.70  Show and Exhibition Birds

 

a)         All entries (except waterfowl, i.e., domesticated fowl that normally swim, such as ducks and geese) to a show or exhibition must have come from a U. S. pullorum-typhoid clean or equivalent hatchery or flock; or have a negative pullorum-typhoid test within 90 days prior to exhibition.  The Department shall randomly check the health certificates and test show and exhibition poultry to see that they comply with health requirements as stated in this paragraph.

 

b)         The exhibitors must provide the fair management, poultry superintendent, or the accredited veterinarian employed by the management of the show with information as to name and address of the owner or exhibitor, name and location of the authorized testing agent, date of the testing, and the number, breed, and species of those tested.  Such information shall be submitted to the Department by the accredited veterinarian, the fair management, or the poultry superintendent.

 

(Source:  Amended at 8 Ill. Reg. 5929, effective April 23, 1984)

 

Section 55.80  Banding

 

The Department does not require the banding of tested poultry.

 

(Source:  Added at 8 Ill. Reg. 5929, effective April 23, 1984)

 

Section 55.90  Sanitation

 

Participants in the National Poultry Improvement Plan shall comply with the sanitation requirements prescribed in subpart C of 9 CFR 147 (2018), except that the Department accepts any fumigant that is registered by the U.S. Environmental Protection Agency and for which the manufacturer's label specifies the product is for egg sanitation or cleaning of poultry equipment.

 

(Source:  Amended at 43 Ill. Reg. 4510, effective March 26, 2019)

 

Section 55.100  Administrative Hearing

 

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative hearings, petitions, proceedings, contested cases, declaratory rulings and availability of Department files for public access.  Administrative hearings are governed by the Illinois Administrative Procedure Act and Subpart B of the Department's Administrative Rules.

 

(Source:  Amended at 20 Ill. Reg. 1537, effective January 12, 1996)