(510 ILCS 50/1) (from Ch. 8, par. 168)
Sec. 1. For the purposes of this Act:
"Department" means the Department of Agriculture of the State of Illinois.
"Director" means the Director of the Illinois Department of Agriculture,
or his duly appointed representative.
"Contagious or infectious disease" means a specific disease designated by
the Department as contagious or infectious under rules pertaining to this Act.
"Contaminated" or "contamination" means for an animal to come into contact with a chemical or radiological substance at a level which may be considered to be harmful to humans or other animals if they come into contact with the contaminated animal or consume parts of the contaminated animal.
"Reportable disease" means a specific disease designated by the Department as
reportable under rules pertaining to this Act.
"Animals" means domestic animals, poultry, and wild animals in captivity.
"Exposed to" means for an animal to come in contact with another animal or
an environment that is capable of transmitting a contagious, infectious, or
reportable disease. An animal will no longer be considered as "exposed to"
when it is beyond the standard incubation time for the disease and the animal
has been tested negative for the specific disease or there is no evidence that
the animal is contagious, except for animals exposed to Johne's disease.
Animals originating from a herd where Johne's disease has been diagnosed will
be considered no longer "exposed to" with a negative test. The negative test
must have been conducted within 30 days prior to the sale or movement.
"Swap meet" means an organized event where animals including, but not limited to, dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets, are sold, traded, or exchange hands.
(Source: P.A. 95-179, eff. 8-14-07; 95-554, eff. 8-30-07.)
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(510 ILCS 50/2) (from Ch. 8, par. 169)
Sec. 2. Duty to investigate; rulemaking. It is the duty of the Department to investigate all cases or
alleged cases coming to its knowledge of contamination or contagious and infectious diseases
among animals within the State and to provide for the suppression,
prevention, and extirpation of contamination or infectious and contagious diseases of such
animals.
The Department may make and adopt reasonable rules and regulations for
the administration and enforcement of the provisions of this Act. No rule
or regulation made, adopted or issued by the Department pursuant to the
provisions of this Act shall be effective unless such rule or regulation
has been submitted to the Advisory Board of Livestock Commissioners for
approval. The Department shall maintain on its website access to the Department's rules under this Act.
(Source: P.A. 100-111, eff. 8-15-17.)
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(510 ILCS 50/3) (from Ch. 8, par. 170)
Sec. 3. Upon its becoming known to the Department that any animals are
infected, or suspected of being infected, with any contagious or infectious
disease, or contaminated with any chemical or radiological substance, the
Department shall have the authority to quarantine and to cause proper examination thereof to
be made. If such disease is found to be of a dangerously contagious
or dangerously infectious nature, or the contamination level is such that may be harmful to humans or other animals, the Department shall order such
diseased or contaminated animals and such
as have been exposed to such disease or contamination, and the premises in or on which they
are, or have recently occupied, to be quarantined. The Department shall also have the authority to issue area-wide quarantines on animals and premises in order to control the spread of the dangerously contagious or infectious disease and to reduce the spread of contamination. The Department may, in
connection with any such quarantine, order that no
animal which has been or
is so diseased, contaminated, or exposed to such disease or contamination, may be removed from the
premises so quarantined and that no animal susceptible to such disease
or contamination may be brought therein or thereon, except under such rules as the Department
may prescribe.
(Source: P.A. 95-179, eff. 8-14-07; 95-554, eff. 8-30-07.)
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(510 ILCS 50/4) (from Ch. 8, par. 171)
Sec. 4. The Department may order the slaughter of any or all of such
diseased, contaminated, or exposed animals.
The Department may disinfect, and, if they cannot be properly
disinfected, may destroy, all barns, stables, outbuildings, premises and
personal property contaminated or infected with any such contaminant or contagious or infectious disease
as in its judgment is necessary to prevent the spread of any such contaminant or disease;
and may order the disinfection of all cars, boats or other vehicles used in
transporting animals affected with any such contaminant or disease, or that have been
exposed to the contaminant, contagion, or infection thereof, and the disinfection of all
yards, pens and chutes that may have been used in handling such contaminated, diseased, or
exposed animals.
(Source: P.A. 95-179, eff. 8-14-07; 95-554, eff. 8-30-07.)
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(510 ILCS 50/5) (from Ch. 8, par. 172)
Sec. 5.
When the Department determines that any animal is affected with, or
has been exposed to, any contagious or infectious disease, it may agree
with the owner upon the value of the animal or of any property that it may
be found necessary to destroy, and in case such an agreement cannot be
made, the animals or property shall be appraised by three competent and
disinterested appraisers, one to be selected by the Department, one by the
claimant, and one by the two appraisers thus selected. The appraisers shall
subscribe to an oath in writing to fairly value such animals or property in
accordance with the requirements of this Act, which oath, together with
the valuation fixed by the appraisers, shall be filed with the Department
and preserved by it.
Upon the appraisement being made, the owner or the Department shall
immediately destroy
the animals in a humane manner, dispose of the
carcasses thereof, and disinfect, change or
destroy the premises occupied by the animals, in accordance with rules
prescribed by the Department governing such destruction and disinfection,
and upon his failure so to do or to cooperate with the Department, the
Department shall cause such animals or
property to be destroyed and disposed of, and thereupon the owner shall
forfeit all right to receive any compensation for the destruction of the
animals or property.
(Source: P.A. 91-457, eff. 1-1-00.)
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(510 ILCS 50/6) (from Ch. 8, par. 173)
Sec. 6. Whenever quarantine is established in accordance with the
provisions of this Act, notice shall be given by delivery in person or by
mailing by registered or certified mail, postage prepaid, to the owner or
occupant of any premises so quarantined. Such notice shall be written or
printed, or partly written and partly printed, with an explanation of the
contents thereof. Such quarantine shall be sufficiently proved in any court
by the production of a true copy of such notice of quarantine together with
an affidavit, sworn to by the officer or employee of the Department who
delivered or mailed such notice, containing a statement that the original
thereof was delivered or mailed in the manner herein prescribed.
Every quarantine so established shall remain in effect until removed by
order of the Department. Any person aggrieved by any quarantine may appeal
to the Department which shall thereupon sustain, modify or annul the
quarantine as it may deem proper. Quarantines will be removed when epidemiological evidence indicates that the disease or contamination threat to humans or other animals no longer exists.
(Source: P.A. 95-179, eff. 8-14-07; 95-554, eff. 8-30-07.)
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(510 ILCS 50/7a) (from Ch. 8, par. 174a)
Sec. 7a.
All final administrative decisions of the Department hereunder
shall be subject to judicial review pursuant to the provisions of the Administrative
Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto. The term
"administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(510 ILCS 50/9) (from Ch. 8, par. 176)
Sec. 9. The Department may promulgate and adopt reasonable rules and regulations
to prevent the spread of any contamination or contagious or infectious disease within this
State. If the condition so warrants, the Director may request the Governor
to issue a proclamation quarantining an affected municipality or geographical
district whereby all animals of the kind diseased or contaminated would not be permitted
to be moved from one premises to another within the municipality or geographical
district,
or over any public highway, or any unfenced lot or piece of ground, or from
being brought into, or taken from the infected or contaminated municipality or geographical
district, except by a special permit, signed by the Director. Any such proclamation
shall, from
the time of its publication, bind all persons. Within one week after the
publication of any such proclamation, every person who owns, or who is in
charge of animals of the kind diseased or contaminated
within the municipality or geographical district, shall report to the
Department the number and description of such animals, their location,
and the name and address of the owner or person in charge, and during
the continuance of the quarantine to report to the Department all cases
of sickness, deaths or births among such animals.
If the condition so warrants, the Director may declare a temporary prohibition on the sale, movement, or exhibition of certain types of animals in order to prevent or reduce the spread of any contamination or disease in this State. The declaration shall be for a period not to exceed 30 days, but the declaration may be extended in increments not to exceed 30 days if the condition so warrants. (Source: P.A. 103-176, eff. 1-1-24.)
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(510 ILCS 50/10) (from Ch. 8, par. 177)
Sec. 10. The Department may promulgate and adopt reasonable rules and regulations
to prevent the entry into Illinois of any animals which may be contaminated or infected
with, or which may have been exposed to, any contaminant or contagious or infectious disease.
If the condition so warrants, the Director may request the Governor to issue
a proclamation whereby any animals contaminated or diseased or those exposed to disease
and any carcasses or portions of carcasses, feed, seed, bedding, equipment
or other material capable of conveying contamination or infection will be prohibited from
entering Illinois.
(Source: P.A. 95-179, eff. 8-14-07; 95-554, eff. 8-30-07.)
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(510 ILCS 50/11) (from Ch. 8, par. 178)
Sec. 11.
All claims against the State arising from the slaughter of animals
as
herein provided for, shall be made to the Department under such rules, not
inconsistent with this Act, as the Department may prescribe.
The Department shall, after inspection, hearing and inquiry by
appraisers, in each case determine the amount which shall be paid on
account of the animals so slaughtered, which amount shall be the fair
market value in health thereof and not less than the net market value for
meat consumption, provided that where the appraisals exceed the net market
value for meat consumption in health thereof the payments shall not be in
excess of the following amounts:
(a) bovine species, for beef, dairy and breeding purposes $300 for any
registered animal and $150 for any unregistered animal, but not to exceed
an average value of $250 per head for all such registered animals in any
herd and not to exceed an average value of $125 per head for such
nonregistered animals in any herd;
(b) equine species, $500 for any one animal;
(c) swine, $50 per head for grade swine and $100 for any registered
purebred animal or any breeding animal upon which a certificate of
registration has been issued by an approved inbred livestock registry
association;
(d) sheep, not to exceed $25 for any unregistered sheep, and not to
exceed $75 for any registered sheep.
No value other than the market utility value of any such animal shall be
allowed or fixed, however, unless a certificate of registration issued by
the registry association, of the breed of such animal, recognized by the
United States Government, is furnished to the appraisers. The appraisers
shall report under oath the value of the animals, together with a statement
of the evidence or facts upon which the appraisement is based, and the
Department shall certify the appraisement.
The Comptroller shall, upon presentation of the appraisement to him, draw
his warrant upon the State Treasurer for the amount fixed by such
appraisers in favor of the owner of the animals; provided, that where
Federal authority authorizes the payment of part of the value of such
animals the State shall only pay the balance of such appraisement fixed as
aforesaid.
(Source: P.A. 92-85, eff. 7-12-01.)
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(510 ILCS 50/12) (from Ch. 8, par. 179)
Sec. 12.
The Director and any employee of the Department, in the
performance of his duties under this act, has power to call on sheriffs
and their deputies, and police officers, mayors of cities, city and town
marshals and policemen, to assist him in carrying out its provisions; and
it is the duty of all such officers to assist in carrying out the
provisions of this act when ordered so to do. The Director and any
employees of the Department shall have, while engaged in carrying out the
provisions of this act, the same powers and protection as other peace
officers. It is unlawful for any such officer to fail or refuse to enforce
the lawful orders and quarantine of the Department.
(Source: Laws 1965, p. 288.)
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(510 ILCS 50/13) (from Ch. 8, par. 180)
Sec. 13. The Department shall cooperate with any commissioner or other
officer appointed by the United States authorities, in connection with
carrying out any provision of any United States Statute providing for the
suppression and prevention of contamination or contagious and infectious diseases among
animals, in suppression and preventing the spread of contamination or contagious and
infectious diseases among animals in this State.
The inspectors of the Animal Health Division of the United States
Department of Agriculture and the Illinois Department of Agriculture have
the right of inspection, quarantine and
condemnation of animals affected with any contamination or contagious or infectious disease,
or suspected to be so affected, or that have been exposed to any such
contamination or disease, and for these purposes are authorized to enter upon any ground or
premises. Such inspectors may call on sheriffs and peace officers to assist
them in the discharge of their duties in carrying out the provisions of any
such statute, referred to in the preceding paragraph, and the sheriffs and
peace officers shall assist such inspectors when so requested. Such
inspectors shall have the same powers and protection as peace officers
while engaged in the discharge of their duties.
(Source: P.A. 95-179, eff. 8-14-07; 95-554, eff. 8-30-07.)
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(510 ILCS 50/14) (from Ch. 8, par. 181)
Sec. 14.
The annual report of the Department to the Governor shall include
an itemized statement of all moneys expended by it under this Act,
including a statement of all damages recommended by it to be paid for
animals slaughtered, and the amounts paid therefor.
(Source: Laws 1943, vol. 1, p. 24.)
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(510 ILCS 50/15) (from Ch. 8, par. 182)
Sec. 15.
Bulls, cows, heifers and other livestock accepted by individuals,
trucks and other transportation companies for delivery into the State of
Illinois, if unloaded en route for feed or water, shall be confined in pens
under lock and key by the transportation company or individual accepting
such shipment for delivery.
(Source: Laws 1943, vol. 1, p. 24.)
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(510 ILCS 50/16) (from Ch. 8, par. 183)
Sec. 16.
The obligations assumed by the transportation company at the
original point of shipment shall extend to all connecting lines. No
additions to the original consignments or substitutions en route shall be
permitted by any transportation company.
(Source: Laws 1943, vol. 1, p. 24.)
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(510 ILCS 50/17) (from Ch. 8, par. 184)
Sec. 17.
When any cattle, swine, sheep or other domestic animals herein
specified are consigned for delivery within the confines of the State of
Illinois, they shall not be diverted en route or delivered to the owner
or consignee at any other point within the State of Illinois, except that
named in the original billing.
(Source: P.A. 91-457, eff. 1-1-00.)
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(510 ILCS 50/18) (from Ch. 8, par. 185)
Sec. 18.
All railroad, truck, steamboat and other transportation companies
that shall receive and ship cattle from any territory scheduled on account
of Texas or splenic fever, shall immediately after such cattle are
unloaded, and before the cars are used for any other purpose, cleanse and
disinfect such cars, or quarters in which such cattle are shipped, in
accordance with the rules and regulations that may hereafter be prescribed
by the Department.
All such companies unloading any diseased animals in any yards along the
line of their roads or routes of travel, shall unload them in pens set
apart especially for diseased animals, and shall allow no other animals to
enter into or be placed in such pens.
All stockyard companies or other receiving yards in the State of
Illinois, receiving any such diseased animals, shall set apart certain
portions of their yards for them, and shall conspicuously mark such yards
and provide separate chutes, alleys and scales for such animals, and where
the way-bills or bills of lading of the railroads delivering them show that
they are the kind of animals hereinabove in this Section described, they
shall be placed in that portion of the yards set apart for such animals,
and in no case shall they be unloaded by any railroad, truck, steamboat or
transportation company, in yards or pens other than those set apart from
the exclusive receiving and yarding of such animals.
(Source: Laws 1943, vol. 1, p. 24.)
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(510 ILCS 50/19) (from Ch. 8, par. 186)
Sec. 19.
Any railroad, truck, transportation or stockyard company
violating any of the provisions of Section 18, or any of the rules of the
Department referred to therein, shall be guilty of a business offense and
shall be fined in any sum not exceeding one thousand dollars ($1,000) for
each offense.
(Source: P.A. 90-385, eff. 8-15-97.)
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(510 ILCS 50/20) (from Ch. 8, par. 187)
Sec. 20. Any person who knowingly transports, receives or conveys
into this State any animals, carcasses or portions of carcasses, feed, seed,
bedding, equipment, or other material capable of conveying
contamination or infection as defined and prohibited in a proclamation issued by the Governor
under the provisions of Section 10 of this Act is guilty of a business offense,
and upon conviction thereof
shall be fined not less than $1,000 nor more than $10,000, for each
offense, and shall be liable for all damages or loss that may be
sustained by any person by reason of such importation of such prohibited
animals, or prohibited materials, which penalty may be recovered in the
circuit court in any county in this State into or through which such
animals or materials are brought.
(Source: P.A. 95-179, eff. 8-14-07; 95-554, eff. 8-30-07.)
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(510 ILCS 50/21) (from Ch. 8, par. 188)
Sec. 21. Any person who, knowing that any contamination or contagious or infectious disease exists
among his animals, conceals such fact, or knowing of the existence of such
disease, sells any animal or animals so contaminated or diseased, or any exposed animal, or
knowing the same, removes any such contaminated, diseased, or exposed animal from his
premises to the premises of another, or along any public highway, or
knowing of the existence of such contamination, disease, or exposure thereto, transports,
drives, leads or ships any animal so contaminated, diseased, or exposed, by any motor
vehicle, car or steamboat, to any place in or out of this State; and any
person who brings any such contaminated or diseased, or knowingly, brings any such contaminated or exposed
animals into this State from another state; and any person who knowingly
buys, receives, sells, conveys, or engages in the traffic of such contaminated, diseased,
or exposed stock, and any person who violates any quarantine regulation
established under the provisions of this or any other Act, for each,
either, any or all
acts above mentioned in this Section, is guilty of a petty offense and
shall forfeit all right to any compensation for any animal or property
destroyed under the provisions of this Act.
(Source: P.A. 95-179, eff. 8-14-07; 95-554, eff. 8-30-07.)
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(510 ILCS 50/22) (from Ch. 8, par. 189)
Sec. 22. Any veterinarian having information of the existence of any contamination or reportable disease
among animals in this State, who fails to
promptly
report such knowledge to the Department, shall be guilty of a
business offense and shall be fined in any sum not exceeding $1,000 for each
offense.
(Source: P.A. 95-179, eff. 8-14-07; 95-554, eff. 8-30-07.)
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(510 ILCS 50/23) (from Ch. 8, par. 190)
Sec. 23.
Any person violating any provision of this Act or any rule issued by the
Department under the provisions of this Act, other than the provisions and
rules for the violation of which other penalties are prescribed in this
Act, is guilty of a business offense and shall be fined not less than $50
nor more than $1,000.
(Source: P.A. 77-2679.)
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(510 ILCS 50/24) (from Ch. 8, par. 191)
Sec. 24. Any owner or person having charge of any animal and
having
knowledge of, or reasonable grounds to suspect the existence among them of any
contamination or contagious or
infectious disease and who does not use reasonable means to prevent the
spread of such contamination or disease or violates any quarantine; or who conveys upon or
along any public highway or
other public grounds or any private lands, any contaminated or diseased animal,
or animal
known to have died of, or been slaughtered on account of, any contamination or contagious or
infectious disease, except in the case of transportation for medical
treatment
or diagnosis, shall be liable in damages to the person or persons who
may have suffered loss on account thereof.
(Source: P.A. 95-179, eff. 8-14-07; 95-554, eff. 8-30-07.)
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(510 ILCS 50/24.1)
Sec. 24.1. Swap meets. Any organizer of a swap meet held within the State must provide the Department with information regarding the swap meet at least 30 days prior to the date on which the swap meet will be held. For each swap meet that he or she organizes, an organizer must maintain records for at least one year after the date on which the swap meet is held. The records must include information on each kind of animal present at the swap meet and information on any transfer of animals that takes place during the swap meet.
(Source: P.A. 93-980, eff. 8-20-04.) |
(510 ILCS 50/25) (from Ch. 8, par. 191a)
Sec. 25.
This Act shall be known and may be cited as the "Illinois Diseased
Animals Act".
(Source: P.A. 81-196.)
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