2023 Illinois Compiled Statutes › Chapter 510 - ANIMALS › 510 ILCS 65/ - Illinois Equine Infectious Anemia Control Act.

(510 ILCS 65/1) (from Ch. 8, par. 951)
Sec. 1. 
		Short title. 
		This Act shall be known and may be cited as the
"Illinois Equine Infectious Anemia Control Act".
(Source: P.A. 86-223.)
(510 ILCS 65/2) (from Ch. 8, par. 952)
Sec. 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.
(Source: P.A. 86-223; 87-1268.)
(510 ILCS 65/3) (from Ch. 8, par. 953)
Sec. 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.
(Source: P.A. 88-571, eff. 1-1-95; 89-154, eff. 1-1-96.)
(510 ILCS 65/4) (from Ch. 8, par. 954)
Sec. 4. Tests of equidae entering the State. All equidae
more than 12 months of age entering the State for any reason
 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.
(Source: P.A. 95-2, eff. 5-24-07.)
(510 ILCS 65/4.1)
Sec. 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.
(Source: P.A. 88-571, eff. 1-1-95.)
(510 ILCS 65/4.2)
Sec. 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.
(Source: P.A. 89-463, eff. 1-1-97.)
(510 ILCS 65/5) (from Ch. 8, par. 955)
Sec. 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.
(Source: P.A. 86-223.)
(510 ILCS 65/6) (from Ch. 8, par. 956)
Sec. 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.
(Source: P.A. 86-223; 87-1268.)
(510 ILCS 65/7) (from Ch. 8, par. 957)
Sec. 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.
(Source: P.A. 89-154, eff. 1-1-96.)
(510 ILCS 65/10)
Sec. 10. 
		Subpoenas. 
		The Department, over the signature of the Director, is
authorized to subpoena and bring before the Department any person in this State
and to take testimony orally or by deposition or by exhibit, with the same fees
and mileage and in the same manner as prescribed by law for judicial
proceedings in civil cases in circuit courts of this State. The Director may
issue subpoenas duces tecum to command the production of any records relating
to the person.
(Source: P.A. 89-463, eff. 5-31-96.)
(510 ILCS 65/15)
Sec. 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.
(Source: P.A. 89-154, eff. 1-1-96.)
(510 ILCS 65/20)
Sec. 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.
(Source: P.A. 89-154, eff. 1-1-96.)