640/8d. Other Acts
All persons licensed under this Act must also comply with all the provisions of the "Illinois Bovine Brucellosis Eradication Act" and the rules adopted pursuant to that law, the "Illinois Bovine Tuberculosis Eradication Act" and the rules adopted pursuant to that law, the "Illinois Diseased Animals Act" and the rules adopted pursuant to that law, "An Act providing for the licensing of feeder swine dealers, regulating such business, and providing penalties for violations hereof" and the rules adopted pursuant to that law, the "Illinois Livestock Dealer Licensing Act" and the rules adopted pursuant to that law, the "Slaughter Livestock Buyers Act" and the rules adopted pursuant to that law, the "Illinois Swine Brucellosis Eradication Act" and the rules adopted pursuant to that law, the "Illinois Swine Disease Control and Eradication Act" and the rules adopted pursuant to that law, the Illinois Equine Infectious Anemia Control Act and the rules adopted under that Act, and the "Illinois Pseudorabies Control Act" and the rules adopted pursuant to that law.
65/2. Legislative intent
The General Assembly recognizes that equine infectious anemia is a serious disease in the equine industry. It is the intent of this legislation to protect the Illinois equine population from equine infectious anemia being brought into the State through the importation of infected equidae and to control the spread of equine infectious anemia within the State. Therefore, a program aimed at controlling the spread of equine infectious anemia, reducing the risk of infecting equidae in the State, and providing measures for controlling the movement of infected animals will ultimately benefit the equine industry.
As used in this Act unless the context otherwise requires:
"Accredited veterinarian" means a veterinarian who is licensed by the state in which he or she practices, is approved by the Animal Health Official of that state, and is accredited by the Animal and Plant Health Inspection Service of the United States Department of Agriculture or any successor agency.
"Advertised equine event" means a show, rodeo, exhibition, trail ride, sale, auction, or horse fair that is posted or media promoted.
"Certificate of Veterinary Inspection" or "Interstate Health Certificate" 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 meet the health requirements of the state of destination. The Certificate of Veterinary Inspection must contain the name and address of the owner, and the name, registration number or tattoo if any, sex, age, color and markings of each equidae listed on the certificate, along with the date, results, and name of the laboratory where the negative test for equine infectious anemia was conducted.
"Department" means the Illinois Department of Agriculture.
"Director" means the Director of Agriculture for Illinois or his official representative.
"Equidae" means a family of perissodactyl ungulate mammals containing a single genus, Equus, which includes horses, asses, jacks, jennies, hinnies, mules, donkeys, burros, ponies and zebras.
"Equine infectious anemia" or "EIA" means the communicable, infectious disease which affects only equidae and is caused by the virus of equine infectious anemia.
"Official test" means any test for the detection of equine infectious anemia which has been approved by the Department and licensed or approved by the United States Department of Agriculture.
"Reactor" means any equid which discloses a positive reaction to an official test for equine infectious anemia.
65/4. Tests of equidae entering the State
All equidae more than 12 months of age entering the State for any reason other than for immediate slaughter shall be accompanied by a Certificate of Veterinary Inspection issued by an accredited veterinarian of the state of origin within 30 days prior to entry and shall be negative to an official test for EIA within one year prior to entry. Equidae entering the State for immediate slaughter shall be accompanied by a consignment direct to slaughter at an approved equine slaughtering establishment.
65/4.1 Tests of equidae moving within the State
All equidae more than 12 months of age participating in an advertised equine event shall be accompanied by a negative official test for EIA conducted within one year. A Certificate of Veterinary Inspection is not required for Illinois equidae.
65/4.2. Sale or other transfer; test required
A person may not lease, loan, trade, or sell an equine that is 12 months of age or older unless the animal is accompanied by a copy of a test report showing that the animal has been tested for EIA by an accredited veterinarian within 12 months immediately preceding the lease, loan, trade, or sale and that the test was negative. A negative test for EIA conducted by an accredited veterinarian shall be recognized for any lease, loan, trade, or sale of the tested animal during the 12-month period following the date of the test. As used in this Section, "equine" means a member of the family Equidae.
65/5. Quarantine and branding of reactors
In the event an Illinois owner voluntarily elects to have his equidae tested and a reactor is found, the reactor shall be (a) quarantined until death or until released by a written notice from the Department and (b) permanently identified with a freezemarking brand which shall be applied by an employee of the Department, a veterinarian in the employ of the Illinois Racing Board, or an employee of the Animal and Plant Health Inspection Service of the United States Department of Agriculture or any successor agency. The freezemarking brand shall be not less than 2 inches in height, shall be applied to the left side of the neck of the reactor, and the identifying mark shall be "33" followed by the letter "A" and a number designated by the Department to indicate individual identification.
Any animal under 12 months of age which reacts positively to an official test for EIA shall be quarantined and retested at 12 months of age. If positive at that time, it shall be subject to permanent identification as a reactor and continue under quarantine. Foals being nursed by reactor dams shall be quarantined until they are weaned from their dams and have a negative official test for EIA not less than 60 days following their weaning.
65/6. Administration and enforcement of Act
The Department may establish a program to control the spread of equine infectious anemia. This program may include, but is not limited to, requiring negative tests of equidae entering the State and requiring tests of any equidae within the State that may have been exposed to equine infectious anemia or when epidemiological evidence indicates that the animal may be a carrier of the disease. The program may also include quarantining and freezemark branding of known reactors within the State. The Director may issue regulations, consistent with the provisions of this Act, for the administration and enforcement of this Act. These regulations shall be approved by the Advisory Board of Livestock Commissioners.
The Department, in performing the duties vested in it under this Act, is empowered to enter, during usual working hours, any vehicles, trailers, premises, barns, stables, sheds, corrals, pastures or other places where equidae are kept, for the purpose of administrating the provisions of this Act.
Any person violating, or aiding or abetting a person violating this Act or any provision of any rule, regulation, or order of the Department issued pursuant to 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.
65/15. Hearing rules
The Illinois Administrative Procedure Act and the Illinois Department of Agriculture rules adopted under that Act apply to hearings under this Act.
65/20. 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.
700.30 Division of Animal Industries
a) The Division of Animal Industries is separated into four bureaus:
1) The Bureau of Animal Disease Laboratory--Centralia, primarily through the practicing veterinarian, provides assistance to livestock and companion animal owners experiencing problems relative to animal diseases. Toxicology services are also offered to the general public and local and state government entities. It also provides support for animal disease control and eradication programs and animal welfare programs.
2) The Bureau of Animal Disease Laboratory--Galesburg, primarily through the practicing veterinarian, provides assistance to livestock and companion animal owners experiencing problems relative to animal diseases. It also provides support for animal disease control and eradication programs and animal welfare programs.
3) The Bureau of Animal Health is responsible for programs related to the movement of livestock, and control or eradication of cattle scabies, swine and bovine brucellosis, bovine tuberculosis, equine infectious anemia, equine viral encephalitides, pullorum-typhoid, mycoplasma gallisepticum, Salmonella enteritidis, mycoplasma synoviae in poultry, pseudorabies and a number of other animal diseases when occurrence of a disease warrants regulatory action. Services include registration of slaughter livestock buyers and brokers, and the licensing of bull lessors, feeder swine dealers, livestock dealers, and livestock auction markets.
4) The Bureau of Animal Welfare is responsible for regulating the retail companion animal industry including animal control and animal welfare. It also administers programs relative to the humane care of animals, dead animal disposal, refrigerated warehouses, the registration of brands, and the sale and use of horse meat.
b) In addition to the four bureaus, the Division, in cooperation with the United States Department of Agriculture, operates the State-Federal Serology Laboratory in Springfield. The principal activity of this laboratory is the testing of blood and milk for specific disease antibodies.
c) The Apiary Section is concerned with controlling bee diseases and makes periodic inspections of bee colonies.
d) Addresses and phone numbers for the Division of Animal Industries:
1) Superintendent, Division of Animal Industries, Ariculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782 - 4944.
2) Laboratory Manager, Bureau of Animal Disease Laboratory--Centralia, Division of Animal Industries, Shattuc Road, Centralia, 62801-9284; Phone 6 18/532 -6701.
3) Veterinarian Chief, Bureau of Animal Disease Laboratory--Galesburg, Division of Animal Industries, 2100 South Lake Storey Road P.O. Box 2110, Galesburg, 61402-2100; Phone 309/344 -2451.
4) Veterinarian Chief, Bureau of Animal Health, Division of Animal Industries, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782 -4944.
5) Veterinarian Chief, Bureau of Animal Welfare, Division of Animal Industries, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782 -6657.
6) Supervisor, State-Federal Serology Laboratory, Division of Animal Industries, Agriculture Building, State Fairgrounds, Post Office Box 19241, Springfield, 62794-9241; Phone 217/782 -4790.
e) Branch Offices:
1) Bureau of Animal Welfare, Room 20, 1010 Jorie Blvd., Oak Brook, 60521; Phone 708/990 -8258.
2) Meats Chemistry Laboratory, Shattuc Road Centralia, 62801-9284; Phone 6 18/532 -6701.
85.10 Reportable Diseases
a) Suspected cases of the following diseases shall be reported immediately to the Department:
brucellosis -- bovine, swine, equine, and caprine
contagious equine metritis
equine infectious anemia
equine viral encephalitides
Mycoplasma gallisepticum -- turkeys
Mycoplasma synoviae -- turkeys
paratuberculosis - (Johne's disease)
pseudorabies -- (Aujeszky's disease)
psittacosis - (ornithosis)
salmonella enteritidis -- poultry
salmonella typhimurium -- poultry
scabies -- cattle and sheep
tuberculosis -- bovine
vesicular conditions of any type
any contagious or infectious disease presently considered as "exotic", i.e., not known to exist in the United States
b) Any herd owner, flock owner, veterinarian or other person having knowledge of the disease, failing to report a suspect case of any of the above diseases immediately after discovery, or who is responsible for the spread of the disease, shall be subject to penalty as provided by law.
c) Reports of any of the above diseases shall be made to the Department, telephone 217/782-4944.
110.40 Tests Not Covered By Fee Schedule
a) No fee shall be charged for diagnostic tests required by Illinois law or programs herein listed (i.e., testing for bovine brucellosis, swine brucellosis, pullorum-typhoid, equine infectious anemia, U.S. S. Enteritidis Flocks and pseudorabies). However, a charge shall be made for requested end titers on pseudorabies, unless the testing is approved for diagnostic purposes by the United States Department of Agriculture or by the Department. A fee as set forth in Section 110.90 shall be charged on screening samples at the dilution of 1:2 for pseudorabies.
b) The Department shall approve testing for end titers on pseudorabies without charge when the herd is in a special state supervised testing program.
c) See 8 Ill. Adm. Code 110.90 for information on specialty testing situations.
116.10 Testing of Illinois Equidae
When a single reactor is disclosed on an official test within Illinois, owners are required to submit all equidae within a one and one half mile radius of the reactor for an equine infectious anemia (EIA) test within three months. In the case of multiple reactors, all equidae within a three mile radius of the reactors shall be tested for EIA within three months. Veterinarians employed by the Department will do the testing at no cost to the owner. If the owner wishes to have his or her private veterinarian conduct the test, the State will not pay the private veterinarian to do the testing but will waive the laboratory fee if the sample is submitted to a Department operated laboratory. A retest of any remaining equidae on the premises where a reactor was disclosed and either shipped to slaughter or euthanized shall be conducted by the Department not less than six months nor more than one year after the reactor has left the premises.
116.20 Retesting of Reactors
The Department will grant a retest of reactors upon request by the owner or veterinarian. The retest must be conducted within 15 days after the original test.
116.30 Quarantining of Reactors
If the owner of a known reactor does not wish to have the reactor euthanized or shipped to slaughter, the animal must be quarantined for life. The reactor must be kept at all times in an insect proof stall and cannot be removed from this enclosure, except to be euthanized or shipped to slaughter. All quarantine facilities must be in place within 15 days after the confirmatory test and be approved by the Department and will be inspected on a regular basis to make sure that the reactor is maintained under quarantine. If the reactor is euthanized or shipped, it must be done within 10 days after the confirmatory
test, and reactors shipped to slaughter cannot be diverted en route.
116.40 Movement of Equidae Through Livestock Sales and Livestock Auction Markets
All equidae moving through sales or livestock auction markets or being hauled to sales or livestock auction markets must be accompanied by a negative test for equine infectious anemia within the past twelve months if over twelve months of age, unless the animal is consigned for immediate slaughter. Equidae consigned for immediate slaughter are not required to have a negative test for equine infectious anemia before arrival at the sale or auction but will be required to be sold with a mane tag indicating that the animal is for slaughter only, will have blood drawn for an equine infectious anemia test before leaving the sale or auction, and will only be allowed to leave the premises on an Equine Slaughter Certification (EIA2) form which must accompany the animal to slaughter. Immediate slaughter means the animal must be delivered to a slaughtering facility within ten days after purchase or possession. All equidae consigned for slaughter only must be kept separate and apart from all other tested equidae.
116.50 Falsification of Records
No person shall change the names, dates, description or phrases on an official certificate of veterinary inspection or equine infectious anemia test chart to evade the provisions of the law. The veterinarian who originally drew the blood for an equine infectious anemia test may submit a corrected copy to the laboratory that conducted the test with that laboratory reissuing the official test report. This corrected copy must be clearly marked as a corrected copy.
Amended in 1997.
Reviewed by AAHS in October 2001.
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