510 ILCS 100/ Illinois Swine Disease Control and Eradication Act.

(510 ILCS 100/1) (from Ch. 8, par. 501)

Sec. 1. This Act shall be known and may be cited as the "Illinois Swine Disease Control and Eradication Act".

(Source: P.A. 77-1731.)

(510 ILCS 100/2) (from Ch. 8, par. 502)

Sec. 2. As used in this Act, unless the context otherwise requires, words and phrases have the meaning ascribed to them in Section 2.1 through 2.10.

(Source: P.A. 77-1731.)

(510 ILCS 100/2.1) (from Ch. 8, par. 502.1)

Sec. 2.1. "Department" means the Illinois Department of Agriculture.

(Source: P.A. 77-1731.)

(510 ILCS 100/2.2) (from Ch. 8, par. 502.2)

Sec. 2.2. "Director" means the Director of the Illinois Department of Agriculture.

(Source: P.A. 77-1731.)

(510 ILCS 100/2.3) (from Ch. 8, par. 502.3)

Sec. 2.3. "Animal and Plant Health Inspection Service" means the Animal and Plant Health Inspection Service of the United States Department of Agriculture, or any successor agency thereto.

(Source: P.A. 78-786.)

(510 ILCS 100/2.4) (from Ch. 8, par. 502.4)

Sec. 2.4.

"Person" means any individual, firm or corporation.

(Source: P.A. 77-1731.)

(510 ILCS 100/2.5) (from Ch. 8, par. 502.5)

Sec. 2.5. "Accredited veterinarian" means a veterinarian who is licensed by the state in which he practices, is approved by the Animal Health Official of that state and is accredited by the Animal and Plant Health Inspection Service.

(Source: P.A. 78-786.)

(510 ILCS 100/2.6) (from Ch. 8, par. 502.6)

Sec. 2.6. Feeder swine. "Feeder swine" means all swine under 4 months of age except those consigned directly to slaughter or swine sold as breeding animals with a negative brucellosis test.

(Source: P.A. 89-154, eff. 7-19-95.)

(510 ILCS 100/2.7) (from Ch. 8, par. 502.7)

Sec. 2.7. Immediate slaughter. "Immediate slaughter" means slaughter within 10 days of purchase or possession.

(Source: P.A. 89-154, eff. 7-19-95.)

(510 ILCS 100/2.10) (from Ch. 8, par. 502.10)

Sec. 2.10. "Quarantine" means the condition in which swine shall be kept separate and apart from and shall not be allowed to come in contact with other swine in any way.

(Source: P.A. 77-1731.)

(510 ILCS 100/3) (from Ch. 8, par. 503)

Sec. 3. It is the duty of the owner or person having charge of any swine and having knowledge of or reasonable grounds to suspect the existence among such swine of any contagious or infectious disease, as defined in Section 1 of the Illinois Diseased Animals Act, to use all reasonable means to prevent the spread of the disease. When such knowledge comes to such person that any swine had died of, or had been slaughtered on account of any such disease, it is such person's duty to immediately dispose of such swine as provided in "An Act in relation to the disposal of dead animals", approved July 16, 1941, as now or hereafter amended.

(Source: P.A. 90-385, eff. 8-15-97.)

(510 ILCS 100/4) (from Ch. 8, par. 504)

Sec. 4. The Department shall investigate all cases or suspected cases of any contagious and infectious disease among swine in the State which it considers necessary, and shall protect the health of swine in the State from such diseases. The Department may prevent the importation of swine into this State which it has reason to believe are infected with any contagious or infectious disease or which have been exposed thereto. For the purposes of this Act, the Department may establish, maintain and enforce such quarantine regulations as it considers necessary.

(Source: P.A. 86-231.)

(510 ILCS 100/5) (from Ch. 8, par. 505)

Sec. 5. No person shall transport upon or along any public highway or other public grounds or any private lands any diseased swine, or swine known to have died of, or have been slaughtered on account of any contagious or infectious disease except that this Section shall not apply to a person permitted to dispose of such swine under "An Act in relation to the disposal of dead animals", approved July 16, 1941, as now or hereafter amended.

(Source: P.A. 77-1731.)

(510 ILCS 100/10) (from Ch. 8, par. 510)

Sec. 10. No person shall transport feeder or breeding swine into the State without first having applied for and received a permit from the Department. The Department, when satisfied that there is no reasonable ground to suspect the existence of any contagious or infectious disease affecting such swine, or that the applicant for the permit has not been guilty of violations of this Act, may issue the requested permit. The Department may, when it is determined to be in the best interest of the livestock industry of the State, refuse to issue entry permits.

(Source: P.A. 88-590, eff. 8-16-94.)

(510 ILCS 100/11) (from Ch. 8, par. 511)

Sec. 11. Application. Application for a permit as required by Section 10 may be made by the person making the shipment or by the person receiving the swine. Any permit issued under this Act is valid for 72 hours from time of issuance to time of delivery of the swine, and shall accompany the shipment. Such shipment shall also be accompanied by a health certificate issued by an accredited veterinarian of the state of origin or a veterinarian in the employ of the Animal and Plant Health Inspection Service. Such health certificate shall indicate the number of animals and description of same involved in the shipment, shall show that the swine are free from evidence of any contagious, infectious or communicable disease, and are not from a quarantined area. At the time of issuance of the health certificate, an accredited veterinarian shall ear tag or tattoo each head of feeding swine and the number of such tag or tattoo shall appear on the health certificate, except that feeder swine consigned from the farm of origin directly to a federally approved market shall be tagged immediately upon arrival at the market if they arrive directly from that state of origin. Breeding swine shall be identified by registration number, ear tag, tattoo or ear notch approved by the respective breed registry, and such identification shall appear on the health certificate. Ear tag or tattoo numbers for feeder swine which originate from cooperative feeder pig sales do not have to be listed on the health certificate if the location of the record of such numbers is shown on the health certificate. All ear tags or tattoos shall indicate the state of origin of the swine.

The consignee shall be furnished with a copy of the health certificate which shall be delivered to the receiver of the swine, and a copy bearing the approval of the Animal Health Official of the state of origin must be filed with the Department.

(Source: P.A. 88-590, eff. 8-16-94; 89-154, eff. 7-19-95.)

(510 ILCS 100/12) (from Ch. 8, par. 512)

Sec. 12. The applicant for the permit shall return the permit to the Department within 5 days of the delivery of the shipment of swine covered by the permit together with names, addresses, and number of swine received by persons accepting delivery of the shipment. All swine imported into the State under a permit issued by the Department shall be subject to examination by any authorized agent of the Department upon request or may be examined at the discretion of the Department itself. No person shall give false information in applying for a permit nor use it for any shipment of swine other than that designated in the application.

(Source: P.A. 77-1731.)

(510 ILCS 100/14) (from Ch. 8, par. 514)

Sec. 14. Swine may enter the State destined for immediate slaughter or for resale for immediate slaughter if accompanied by a consignment form showing the point of origin, the number of animals in the shipment, the destination, the date of shipment and identification of the vehicle transporting the shipment. Such swine may not be consigned from a quarantined area unless accompanied by a permit from the Department and shall not have been fed garbage.

(Source: P.A. 77-1731.)

(510 ILCS 100/15) (from Ch. 8, par. 515)

Sec. 15. The Department shall enforce this Act and may make and adopt reasonable and necessary rules and regulations to carry out this Act. The Department, or its representatives, in performing its duties under this Act may enter, during usual working hours, any premise, barns, sheds or other places where swine are kept, for the purpose of administering this Act.

(Source: P.A. 77-1731.)

(510 ILCS 100/16) (from Ch. 8, par. 516)

Sec. 16. If any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, by a court of competent jurisdiction, the constitutionality of the remainder of the Act and the applicability thereof to other persons and circumstances shall not be affected thereby.

(Source: P.A. 77-1731.)

(510 ILCS 100/17) (from Ch. 8, par. 517)

Sec. 17. Administrative penalties. Any person who violates this Act or any regulation adopted under this Act may be ordered, following an administrative hearing, to pay the following administrative penalties:

(1) $300 for a first violation;

(2) $600 for a second violation; and

(3) $1,000 for a third and subsequent violation.

(Source: P.A. 89-154, eff. 7-19-95.)

(510 ILCS 100/17.5)

Sec. 17.5. Subpoenas. The Department, over the signature of the Director, is authorized to subpoena and bring before the Department any person or persons in this State and to take testimony either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State. The Director may issue subpoenas duces tecum to command the production of any or all records relating to the person.

(Source: P.A. 89-154, eff. 7-19-95.)

(510 ILCS 100/17.10)

Sec. 17.10. Hearing rules. The Illinois Administrative Procedure Act and the Illinois Department of Agriculture rules adopted under that Act apply to hearings under this Act.

(Source: P.A. 89-154, eff. 7-19-95.)

(510 ILCS 100/17.15)

Sec. 17.15. Judicial review. All final administrative decisions of the Department are subject to judicial review under Article III of the Code of Civil Procedure and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. Proceedings for judicial review shall be commenced in the circuit court of any county permitted by Section 3-104 of the Code of Civil Procedure.

(Source: P.A. 89-154, eff. 7-19-95.)

(510 ILCS 100/18) (from Ch. 8, par. 518)

Sec. 18. The following Acts are repealed: "An Act to prevent the spread of contagious and infectious diseases among swine", approved June 21, 1895, as amended; "An Act prohibiting the sale or use of live virus in the control of hog cholera", approved May 1, 1957; "An Act to prohibit the entry into this State of feeder pigs which have been vaccinated with virulent live cholera virus", approved July 10, 1959; "An Act in relation to the vaccination of feeder swine imported into Illinois, with anti-hog cholera serum and modified live virus hog cholera vaccine", approved July 17, 1959, as amended; "An Act relating to the sale of swine in Illinois that have not been vaccinated against hog cholera", approved July 26, 1963, as amended; and "An Act providing for the destruction of swine affected with or exposed to hog cholera, the payment of indemnities to owners, and to make an appropriation therefore", approved May 14, 1965, as amended.

(Source: P.A. 77-1731.)