Public Act 097-0025
 
HB1170 EnrolledLRB097 09048 CEL 49182 b

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