Public Act 90-0403 of the 90th General Assembly
Public Act 90-0403
SB305 Enrolled LRB9002359NTsb
AN ACT concerning agriculture, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Civil Administrative Code of Illinois is
amended by changing Section 40.36 as follows:
(20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
Sec. 40.36. To establish and administer the "Illinois
Product Grown" label program, whereby the Department shall
design and produce a label with the words "Illinois Product
Grown" on it which may be placed on food and agribusiness
commodities each container of fresh fruit, vegetables, meat
or other food commodity produced, processed, or packaged
originating in Illinois.
(Source: P.A. 85-1209.)
Section 3. The Animal Welfare Act is amended by changing
Sections 2 and 10 and adding Section 6.5 as follows:
(225 ILCS 605/2) (from Ch. 8, par. 302)
Sec. 2. Definitions. As used in this Act unless the
context otherwise requires:
"Department" means the Illinois Department of
Agriculture.
"Director" means the Director of the Illinois Department
of Agriculture.
"Pet shop operator" means any person who sells, offers to
sell, exchange, or offers for adoption with or without charge
or donation dogs, cats, birds, fish, reptiles, or other
animals customarily obtained as pets in this State. However,
a person who sells only such animals that he has produced and
raised shall not be considered a pet shop operator under this
Act, and a veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the Veterinary
Medicine and Surgery Practice Act of 1994 shall not be
considered a pet shop operator under this Act.
"Dog dealer" means any person who sells, offers to sell,
exchange, or offers for adoption with or without charge or
donation dogs in this State. However, a person who sells only
dogs that he has produced and raised shall not be considered
a dog dealer under this Act, and a veterinary hospital or
clinic operated by a veterinarian or veterinarians licensed
under the Veterinary Medicine and Surgery Practice Act of
1994 shall not be considered a dog dealer under this Act.
"Secretary of Agriculture" or "Secretary" means the
Secretary of Agriculture of the United States Department of
Agriculture.
"Person" means any person, firm, corporation,
partnership, association or other legal entity, any public or
private institution, the State of Illinois, or any municipal
corporation or political subdivision of the State.
"Kennel operator" means any person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs
and cats are maintained for boarding, training or similar
purposes for a fee or compensation; or who sells, offers to
sell, exchange, or offers for adoption with or without charge
dogs or dogs and cats which he has produced and raised. A
person who owns, has possession of, or harbors 5 or less
females capable of reproduction shall not be considered a
kennel operator.
"Cattery operator" means any person who operates an
establishment, other than an animal control facility or
animal shelter, where cats are maintained for boarding,
training or similar purposes for a fee or compensation; or
who sells, offers to sell, exchange, or offers for adoption
with or without charges cats which he has produced and
raised. A person who owns, has possession of, or harbors 5
or less females capable of reproduction shall not be
considered a cattery operator.
"Animal control facility" means any facility operated by
or under contract for the State, county, or any municipal
corporation or political subdivision of the State for the
purpose of impounding or harboring seized, stray, homeless,
abandoned or unwanted dogs, cats, and other animals. "Animal
control facility" also means any veterinary hospital or
clinic operated by a veterinarian or veterinarians licensed
under the Veterinary Medicine and Surgery Practice Act of
1994 which operates for the above mentioned purpose in
addition to its customary purposes.
"Animal shelter" means a facility operated, owned, or
maintained by a duly incorporated humane society, animal
welfare society, or other non-profit organization for the
purpose of providing for and promoting the welfare,
protection, and humane treatment of animals. "Animal
shelter" also means any veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under
the Veterinary Medicine and Surgery Practice Act of 1994
which operates for the above mentioned purpose in addition to
its customary purposes.
"Foster home" means an entity that accepts the
responsibility for stewardship of animals that are the
obligation of an animal shelter, not to exceed 4 animals at
any given time. Permits to operate as a "foster home" shall
be issued through the animal shelter.
"Guard dog service" means an entity that, for a fee,
furnishes or leases guard or sentry dogs for the protection
of life or property. A person is not a guard dog service
solely because he or she owns a dog and uses it to guard his
or her home, business, or farmland.
"Guard dog" means a type of dog used primarily for the
purpose of defending, patrolling, or protecting property or
life at a commercial establishment other than a farm. "Guard
dog" does not include stock dogs used primarily for handling
and controlling livestock or farm animals, nor does it
include personally owned pets that also provide security.
"Sentry dog" means a dog trained to work without
supervision in a fenced facility other than a farm, and to
deter or detain unauthorized persons found within the
facility.
(Source: P.A. 88-424; 89-178, eff. 7-19-95.)
(225 ILCS 605/6.5 new)
Sec. 6.5. Termination of application; forfeiture of
license fee. Failure of any applicant to meet all of the
requirements for compliance within 60 days of receipt of a
license application shall result in termination of the
application and forfeiture of the license fee.
(225 ILCS 605/10) (from Ch. 8, par. 310)
Sec. 10. Grounds for discipline. The Department may
refuse to issue or renew or may suspend or revoke a license
on any one or more of the following grounds:
a. Material misstatement in the application for original
license or in the application for any renewal license under
this Act;
b. A violation of this Act or of any regulations or
rules issued pursuant thereto;
c. Aiding or abetting another in the violation of this
Act or of any regulation or rule issued pursuant thereto;
d. Allowing one's license under this Act to be used by
an unlicensed person;
e. Conviction of any crime an essential element of which
is misstatement, fraud or dishonesty or conviction of any
felony, if the Department determines, after investigation,
that such person has not been sufficiently rehabilitated to
warrant the public trust;
f. Conviction of a violation of any law of Illinois
except minor violations such as traffic violations and
violations not related to the disposition of dogs, cats and
other animals or any rule or regulation of the Department
relating to dogs or cats and sale thereof;
g. Making substantial misrepresentations or false
promises of a character likely to influence, persuade or
induce in connection with the business of a licensee under
this Act;
h. Pursuing a continued course of misrepresentation of
or making false promises through advertising, salesman,
agents or otherwise in connection with the business of a
licensee under this Act; or
i. Failure to possess the necessary qualifications or to
meet the requirements of the Act for the issuance or holding
a license; or.
j. Proof that the licensee is guilty of gross
negligence, incompetency, or cruelty with regard to animals.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay
the tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
The Department may order any licensee to cease operation
for a period not to exceed 72 hours to correct deficiencies
in order to meet licensing requirements.
(Source: P.A. 89-178, eff. 7-19-95.)
Section 5. The Illinois Pesticide Act is amended by
changing Sections 19.3 and 24.1 and adding Section 13.2 as
follows:
(415 ILCS 60/13.2 new)
Sec. 13.2. Agrichemical facility.
(a) An agrichemical facility located within the State of
Illinois that was not in existence during the years 1991,
1992, and 1993 and therefore did not pay the registration fee
of $500 per year per agrichemical facility for those years
may make a one-time payment of $1,500 to the Department of
Agriculture for deposit into the Agrichemical Incident
Response Trust Fund to meet the eligibility requirement of
subdivision (2) of subsection (a) of Section 22.3 of this
Act. The payment must be received by the Department of
Agriculture prior to an incident for which reimbursement is
sought under Section 22.3 to qualify for eligibility under
subdivision (2) of subsection (a) of Section 22.3.
(b) An agrichemical facility located within the State of
Illinois that was not in existence during the years 1991,
1992, and 1993 and therefore did not pay the registration fee
of $500 per year per agrichemical facility for those years
may also meet the eligibility requirement of subdivision (2)
of subsection (a) of Section 22.3 of this Act through the
transfer of eligibility from a facility under the same
ownership whose operations were discontinued after 1993 and
replaced by the new facility. To qualify for the eligibility
transfer, the owner must submit a written request for the
eligibility transfer to the Department of Agriculture, must
have paid the $500 registration fee for each of the years
1991, 1992, and 1993 for the original facility, and completed
all closure requirements contained in rules promulgated by
the Department of Agriculture. Upon receipt of the
eligibility transfer request, the Department of Agriculture
shall review the submittal and all related containment
facility files and shall notify the owner whether eligibility
can be transferred.
(c) An agrichemical facility located within the State of
Illinois that was in existence during the years 1991, 1992,
and 1993 but did not pay the registration fee of $500 per
year per agrichemical facility for those years may make
payment of the unremitted balance to the Department of
Agriculture for deposit into the Agrichemical Incident
Response Trust Fund to meet the eligibility requirement of
subdivision (2) of subsection (a) of Section 22.3 of this
Act. The payment must be received by the Department of
Agriculture prior to an incident for which reimbursement is
sought under Section 22.3 to qualify for eligibility under
subdivision (2) of subsection (a) of Section 22.3.
(d) The moneys collected under this Section shall be
deposited into the Agrichemical Incident Response Trust Fund.
(e) For purposes of this Section, "agrichemical
facility" means a site:
(1) used for commercial purposes,
(A) where bulk pesticides are stored in a
single container in excess of 300 gallons of liquid
pesticide or 300 pounds of dry pesticide for more
than 30 days per year; or
(B) where more than 300 gallons of liquid
pesticide or 300 pounds of dry pesticide are being
mixed, repackaged, or transferred from one container
to another within a 30 day period; and
(2) that serves at a point in the pesticide
distribution chain immediately prior to final use.
(415 ILCS 60/19.3)
Sec. 19.3. Agrichemical Facility Response Action
Program.
(a) It is the policy of the State of Illinois that an
Agrichemical Facility Response Action Program be implemented
to reduce potential pesticide pollution and minimize
environmental degradation risk potential at these sites. In
this Section, "agrichemical facility" means a site where
agricultural pesticides are stored or handled, or both, in
preparation for end use. "Agrichemical facility" does not
include basic manufacturing or central distribution sites
utilized only for wholesale purposes.
The program shall provide guidance for assessing the
threat of soil pesticide contaminants to groundwater and
recommending which sites need to establish a voluntary
corrective action program.
The program shall establish appropriate site-specific
soil cleanup objectives, which shall be based on the
potential for the pesticide contaminants to move from the
soil to groundwater and the potential of the specific soil
pesticide contaminants to cause an exceedence of a Class I or
Class III groundwater quality standard or a health advisory
level. The Department shall use the information found and
procedures developed in the Agrichemical Facility Site
Contamination Study or other appropriate physical evidence to
establish the soil pesticide contaminant levels of concern to
groundwater in the various hydrological settings to establish
site-specific cleanup objectives. The Department shall use a
probabilistic risk evaluation approach to establish
site-specific cleanup objectives. In this Section, a
"probabilistic risk evaluation" means a method of determining
risk assessment which involves a probabilistic evaluation of
risk by assessing the entire range of risks rather than
considering just a single worst-case estimate, thus providing
more useful information to determine the appropriate action
to achieve an acceptable level of risk.
No remediation of a site may be recommended unless (i)
the pesticide contamination level in the soil exceeds the
site-specific cleanup objectives or (ii) the pesticide
contaminant level in the soil exceeds levels where physical
evidence and probabilistic risk evaluation indicates
probability of the site causing an exceedence of a
groundwater quality standard.
When a remediation plan must be carried out over a number
of years due to limited financial resources of the owner or
operator of the agrichemical facility, those soil pesticide
contaminated areas that have the greatest probabilistic
potential to adversely impact vulnerable Class I groundwater
aquifers and adjacent potable water wells shall receive the
highest priority rating and be remediated first.
(b) The Agrichemical Facility Response Action Program
Board ("the Board") is created. The Board members shall
consist of the following:
(1) The Director or the Director's designee.
(2) One member who represents pesticide
manufacturers.
(3) Two members who represent retail agrichemical
dealers.
(4) One member who represents agrichemical
distributors.
(5) One member who represents active farmers.
(6) One member at large.
The public members of the Board shall be appointed by the
Governor for terms of 2 years. Those persons on the Board who
represent pesticide manufacturers, agrichemical dealers,
agrichemical distributors, and farmers shall be selected from
recommendations made by the associations whose membership
reflects those specific areas of interest. The members of the
Board shall be appointed within 90 days after the effective
date of this amendatory Act of 1995. Vacancies on the Board
shall be filled within 30 days. The Board may fill any
membership position vacant for a period exceeding 30 days.
The members of the Board shall be paid no compensation,
but shall be reimbursed for their expenses incurred in
performing their duties. If a civil proceeding is commenced
against a Board member arising out of an act or omission
occurring within the scope of the Board member's performance
of his or her duties under this Section, the State, as
provided by rule, shall indemnify the Board member for any
damages awarded and court costs and attorney's fees assessed
as part of a final and unreversed judgement, or shall pay the
judgment, unless the court or jury finds that the conduct or
inaction that gave rise to the claim or cause of action was
intentional, wilful or wanton misconduct and was not intended
to serve or benefit interests of the State.
The chairperson of the Board shall be selected by the
Board from among the public members.
(c) The Board has the authority to do the following:
(1) Cooperate with the Department and review and
approve an agrichemical facility remediation program as
outlined in the handbook or manual as set forth in
subdivision (d)(8) of this Section.
(2) Review and give final approval to each
agrichemical facility corrective action plan.
(3) Approve any changes to an agrichemical
facility's corrective action plan that may be necessary.
(4) Upon completion of the corrective action plan,
recommend to the Department that the site-specific
cleanup objectives have been met and that a notice of
closure be issued by the Department stating that no
further remedial action is required to remedy the past
pesticide contamination.
(5) When a soil pesticide contaminant assessment
confirms that remedial action is not required in
accordance with the Agrichemical Facility Response Action
Program, recommend that a notice of closure be issued by
the Department stating that no further remedial action is
required to remedy the past pesticide contamination.
(6) Periodically review the Department's
administration of the Agrichemical Incident Response
Trust Fund and actions taken with respect to the Fund.
The Board shall also provide advice to the Interagency
Committee on Pesticides regarding the proper handling of
agrichemical incidents at agrichemical facilities in
Illinois.
(d) The Director has the authority to do the following:
(1) When requested by the owner or operator of an
agrichemical facility, may investigate the agrichemical
facility site contamination.
(2) After completion of the investigation under
subdivision (d)(1) of this Section, recommend to the
owner or operator of an agrichemical facility that a
voluntary assessment be made of the soil pesticide
contaminant when there is evidence that the evaluation of
probabilistic risk indicates that groundwater could be
adversely impacted.
(3) Review and make recommendations on any
corrective action plan submitted by the owner or operator
of an agrichemical facility to the Board for final
approval.
(4) On approval by the Board, issue an order to the
owner or operator of an agrichemical facility that has
filed a voluntary corrective action plan that the owner
or operator may proceed with that plan.
(5) Provide remedial project oversight, monitor
remedial work progress, and report to the Board on the
status of remediation projects.
(6) Provide staff to support the activities of the
Board.
(7) Take appropriate action on the Board's
recommendations regarding policy needed to carry out the
Board's responsibilities under this Section.
(8) In cooperation with the Board, incorporate the
following into a handbook or manual: the procedures for
site assessment; pesticide constituents of concern and
associated parameters; guidance on remediation
techniques, land application, and corrective action
plans; and other information or instructions that the
Department may find necessary.
(9) Coordinate preventive response actions at
agrichemical facilities pursuant to the Groundwater
Quality Standards adopted pursuant to Section 8 of the
Illinois Groundwater Protection Act to mitigate resource
groundwater impairment.
Upon completion of the corrective action plan and upon
recommendation of the Board, the Department shall issue a
notice of closure stating that site-specific cleanup
objectives have been met and no further remedial action is
required to remedy the past pesticide contamination.
When a soil pesticide contaminant assessment confirms
that remedial action is not required in accordance with the
Agrichemical Facility Response Action Program and upon the
recommendation of the Board, a notice of closure shall be
issued by the Department stating that no further remedial
action is required to remedy the past pesticide
contamination.
(e) Upon receipt of notification of a pesticide
contaminant in groundwater pursuant to the Groundwater
Quality Standards, the Department shall evaluate the severity
of the pesticide contamination and shall submit to the
Environmental Protection Agency an informational notice
characterizing it as follows:
(1) A pesticide contaminant in Class I or Class III
groundwater has exceeded the levels of a standard adopted
pursuant to the Illinois Groundwater Protection Act or a
health advisory established by the Illinois Environmental
Protection Agency or the United States Environmental
Protection Agency; or
(2) A pesticide has been detected at a level that
requires preventive notification pursuant to a standard
adopted pursuant to the Illinois Groundwater Protection
Act.
(f) When pesticide contamination is characterized as in
subdivision (e)(1) of this Section, a facility may elect to
participate in the Agrichemical Facility Response Action
Program. In these instances, the scope of the corrective
action plans developed, approved, and completed under this
program shall be limited to the soil pesticide contamination
present at the site unless implementation of the plan is
coordinated with the Illinois Environmental Protection Agency
as follows:
(1) Upon receipt of notice of intent to include
groundwater in an action by a facility, the Department
shall also notify the Illinois Environmental Protection
Agency.
(2) Upon receipt of the corrective action plan, the
Department shall coordinate a joint review of the plan
with the Illinois Environmental Protection Agency.
(3) The Illinois Environmental Protection Agency
may provide a written endorsement of the corrective
action plan.
(4) The Illinois Environmental Protection Agency
may approve a groundwater management zone for a period of
5 years after the implementation of the corrective action
plan to allow for groundwater impairment mitigation
results.
(5) The Department, in cooperation with the
Illinois Environmental Protection Agency, shall recommend
a proposed corrective action plan to the Board for final
approval to proceed with remediation. The recommendation
shall be based on the joint review conducted under
subdivision (f)(2) of this Section and the status of any
endorsement issued under subdivision (f)(3) of this
Section.
(6) The Department, in cooperation with the
Illinois Environmental Protection Agency, shall provide
remedial project oversight, monitor remedial work
progress, and report to the Board on the status of the
remediation project.
(7) The Department shall, upon completion of the
corrective action plan and recommendation of the Board,
issue a notice of closure stating that no further
remedial action is required to remedy the past pesticide
contamination.
(g) When an owner or operator of an agrichemical
facility initiates a soil contamination assessment on the
owner's or operator's own volition and independent of any
requirement under this Section 19.3, information contained in
that assessment may be held as confidential information by
the owner or operator of the facility.
(Source: P.A. 89-94, eff. 7-6-95.)
(415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
Sec. 24.1. Administrative actions and penalties.
(1) The Director is authorized after an opportunity for
an administrative hearing to suspend, revoke, or modify any
license, permit, special order, registration, or
certification issued under this Act. This action may be
taken in addition to or in lieu of monetary penalties
assessed as set forth in this Section. When it is in the
interest of the people of the State of Illinois, the Director
may, upon good and sufficient evidence, suspend the
registration, license, or permit until a hearing has been
held. In such cases, the Director shall issue an order in
writing setting forth the reasons for the suspension. Such
order shall be served personally on the person or by
registered or certified mail sent to the person's business
address as shown in the latest notification to the
Department. When such an order has been issued by the
Director, the person may request an immediate hearing.
(2) Before initiating hearing proceedings, the Director
may issue an advisory letter to a violator of this Act or its
rules and regulations when the violation points total 6 or
less, as determined by the Department by the Use and
Violation Criteria established in this Section. When the
Department determines that the violation points total more
than 6 but not more than 13, the Director shall issue a
warning letter to the violator.
(3) The hearing officer upon determination of a
violation or violations shall assess one or more of the
following penalties:
(A) For any person applying pesticides without a
license or misrepresenting certification or failing to
comply with conditions of an agrichemical facility permit
or failing to comply with the conditions of a written
authorization for land application of agrichemical
contaminated soils or groundwater, a penalty of $500
shall be assessed for the first offense and $1,000 for
the second and subsequent offenses.
(B) For violations of a stop use order imposed by
the Director, the penalty shall be $2500.
(C) For violations of a stop sale order imposed by
the Director, the penalty shall be $1500 for each
individual item of the product found in violation of the
order.
(D) For selling restricted use pesticides to a
non-certified applicator the penalty shall be $1000.
(E) For selling restricted use pesticides without a
dealer's license the penalty shall be $1,000.
(F) For constructing or operating without an
agrichemical facility permit after receiving written
notification, the penalty shall be $500 for the first
offense and $1,000 for the second and subsequent
offenses.
(G) For violations of the Act and Rules and
Regulations, administrative penalties will be based upon
the total violation points as determined by the Use and
Violation Criteria as set forth in paragraph (4) of this
Section. The monetary penalties shall be as follows:
Total Violation Points Monetary Penalties
14-16 $750
17-19 $1000
20-21 $2500
22-25 $5000
26-29 $7500
30 and above $10,000
(4) The following Use and Violation Criteria establishes
the point value which shall be compiled to determine the
total violation points and administrative actions or monetary
penalties to be imposed as set forth in paragraph (3)(G) of
this Section:
(A) Point values shall be assessed upon the harm or
loss incurred.
(1) A point value of 1 shall be assessed for
the following:
(a) Exposure to a pesticide by plants,
animals or humans with no symptoms or damage
noted.
(b) Fraudulent sales practices or
representations with no apparent monetary
losses involved.
(2) A point value of 2 shall be assessed for
the following:
(a) Exposure to a pesticide which
resulted in:
(1) Plants or property showing signs
of damage including but not limited to
leaf curl, burning, wilting, spotting,
discoloration, or dying.
(2) Garden produce or an
agricultural crop not being harvested on
schedule.
(3) Fraudulent sales practices or
representations resulting in losses under
$500.
(3) A point value of 4 shall be assessed for
the following:
(a) Exposure to a pesticide resulting in
a human experiencing headaches, nausea, eye
irritation and such other symptoms which
persisted less than 3 days.
(b) Plant or property damage resulting in
a loss below $1000.
(c) Animals exhibiting symptoms of
pesticide poisoning including but not limited
to eye or skin irritations or lack of
coordination.
(d) Death to less than 5 animals.
(e) Fraudulent sales practices or
representations resulting in losses from $500
to $2000.
(4) A point value of 6 shall be assessed for
the following:
(a) Exposure to a pesticide resulting in
a human experiencing headaches, nausea, eye
irritation and such other symptoms which
persisted 3 or more days.
(b) Plant or property damage resulting in
a loss of $1000 or more.
(c) Death to 5 or more animals.
(d) Fraudulent sales practices or
representations resulting in losses over $2000.
(B) Point values shall be assessed based upon the
signal word on the label of the chemical involved:
Point Value Signal Word
1 Caution
2 Warning
4 Danger/Poison
(C) Point values shall be assessed based upon the
degree of responsibility.
Point Value Degree of Responsibility
2 Accidental (such as equipment
malfunction)
4 Negligence
10 Knowingly
(D) Point values shall be assessed based upon the
violator's history for the previous 3 years:
Point Value Record
2 Advisory letter
3 Warning letter
5 Previous criminal conviction
of this Act or administrative
violation resulting in a
monetary penalty
7 Certification, license or
registration currently
suspended or revoked
(E) Point values shall be assessed based upon the
violation type:
(1) Application Oriented:
Point Value Violation
1 Inadequate records
2 Lack of supervision
2 Faulty equipment
Use contrary to label
directions:
2 a. resulting in exposure to
applicator or operator
3 b. resulting in exposure to
other persons or the
environment
3 c. precautionary statements,
sites, rates, restricted use
requirements
3 Water contamination
3 Storage or disposal contrary
to label directions
3 Pesticide drift
4 Direct application to a
non-target site
6 Falsification of records
6 Failure to secure a permit or
violation of permit or special
order
(2) Product Oriented:
Point Value Violation
6 Pesticide not registered
4 Product label claims differ
from approved label
4 Product composition (active
ingredients differs from that
of approved label)
4 Product not colored as
required
4 Misbranding as set forth in
Sec. 5 of the Act (4 points
will be assessed for each
count)
(5) Any penalty not paid within 60 days of notice
from the Department shall be submitted to the Attorney
General's Office for collection. Failure to pay a
penalty shall also be grounds for suspension or
revocation of permits, licenses and registrations.
(6) Private applicators, except those private
applicators who have been found by the Department to have
committed a "use inconsistent with the label" as defined
in subsection 40 of Section 4 of this Act, are exempt
from the Use and Violation Criteria point values.
(Source: P.A. 87-128; 88-257.)
Section 10. The Animal Disease Laboratories Act is
amended by changing Section 1 as follows:
(510 ILCS 10/1) (from Ch. 8, par. 105.11)
Sec. 1. Laboratory services.
(a) The Department of Agriculture is authorized to
establish such additional number of animal disease
laboratories, not exceeding five, as may be necessary to
serve the livestock and poultry industry of the State.
(b) Such laboratories each shall be in charge of a
licensed veterinarian, who in addition to making serological
blood tests, shall be competent to make diagnoses of such
cases of livestock and poultry diseases as may be submitted
to such laboratories.
(c) The Department may enter into an arrangement with
the College of Veterinary Medicine of the University of
Illinois whereby any cases submitted to such laboratories
which are not susceptible of diagnosis in the field or by
common laboratory procedure, or upon which research is
required, may be submitted to such College of Veterinary
Medicine for diagnosis or research.
(d) The Department may establish and collect reasonable
fees for diagnostic services performed by such animal disease
laboratories. However, no fees may be collected for
diagnostic tests required by Illinois law.
(e) The Department may establish and collect reasonable
fees for providing analyses of research samples, out-of-state
samples, non-agricultural samples, and survey project
samples. These samples shall be defined by rule. The fees
shall be deposited into the Illinois Department of
Agriculture Laboratory Services Revolving Fund. The fees
collected shall not exceed the Department's actual cost to
provide these services.
(f) Moneys collected under subsection (e) shall be
appropriated from the Illinois Department of Agriculture
Laboratory Services Revolving Fund solely for the purposes of
(1) testing specimens submitted in support of Department
programs established for animal health, welfare, and safety,
and the protection of Illinois consumers of Illinois
agricultural products, and (2) testing specimens submitted by
veterinarians and agency personnel to determine whether
chemically hazardous or biologically infectious substances or
other disease causing conditions are present.
(g) The Director may issue rules, consistent with the
provisions of this Act, for the administration and
enforcement of this Act. These rules shall be approved by
the Advisory Board of Livestock Commissioners.
(Source: P.A. 88-91.)
Section 99. Effective date. This Act takes effect July
1, 1997, except the changes to the Animal Disease
Laboratories Act take effect January 1, 1998.