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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.
65/3. Definitions
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.
65/7. Violations
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:
anthrax
avian influenza
bluetongue
brucellosis -- bovine, swine, equine, and caprine
contagious equine metritis
equine infectious anemia
equine viral encephalitides
fowl typhoid
hog cholera
Mycoplasma gallisepticum -- turkeys
Mycoplasma synoviae -- turkeys
Newcastle disease
paratuberculosis - (Johne's disease)
piroplasmosis
pseudorabies -- (Aujeszky's disease)
psittacosis - (ornithosis)
pullorum disease
rabies
salmonella enteritidis -- poultry
salmonella typhimurium -- poultry
scabies -- cattle and sheep
scrapie
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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