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.