2023 Illinois Compiled Statutes › Chapter 510 - ANIMALS › 510 ILCS 90/ - Illinois Pseudorabies Control Act.

(510 ILCS 90/1) (from Ch. 8, par. 801)
Sec. 1. 
		
		This Act shall be known and may be cited as the
Illinois Pseudorabies Control Act.
(Source: P.A. 85-165; 85-171.)
(510 ILCS 90/1.1) (from Ch. 8, par. 801.1)
Sec. 1.1. 
		
		The General Assembly recognizes that pseudorabies is a
serious disease in the swine industry and that the disease can be
transmitted to other domestic animals.
It further recognizes that the disease can have a severe economic and
psychological impact on the affected swine owner and that additional costs
are incurred, both by the swine industry and state government, for
surveillance and control measures.
Therefore, a program aimed at controlling the spread of pseudorabies,
reducing the economic losses associated with the disease, reducing the risk
of reinfecting swine herds where the infection has been eliminated,
licensing of pseudorabies vaccines, and recognizing pseudorabies low
prevalence or free areas is necessary and will ultimately benefit swine
producers and consumers alike by lowering production costs.
(Source: P.A. 85-165; 85-171.)
(510 ILCS 90/2) (from Ch. 8, par. 802)
Sec. 2. 
		Definitions. 
		As used in this Act, unless the context otherwise
requires:
"Animal" means cattle, goats, horses and ponies, sheep,
swine, or any other animals of the bovine, caprine,
equine, ovine, or porcine species.
"Appraisal value" means the actual value of the swine for meat, feeding
or breeding purposes at the time and place of the appraisal.
"Approved herd plan" means an individually negotiated plan developed by
the Department and agreed to between the Department and the swine herd
owner for elimination of pseudorabies infection from a swine herd.  Such a
plan may include, but need not be limited to, procedures for testing,
segregation, cleanup, repopulation, depopulation, retesting, and the
necessary timetables for implementing such plan, or such plan may follow
the procedures recommended by the Livestock Conservation Institute or other
nationally recognized livestock association for the elimination of pseudorabies.
"Breeding animal" means a gilt which shows visible signs of pregnancy or
a sow.  It also means a boar that is maintained for herd breeding purposes.
"Department" means the Illinois Department of Agriculture.
"Director" means the Director of the Illinois Department of Agriculture
or his official representative.
"Health Certificate" or "Certificate of Veterinary Inspection" 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
thereon meet the health requirements of the state of destination.  The
health certificate must contain the name and address of the consignor, the
name and address of the consignee, and an accurate description or
identification of the animals involved and must also indicate the health
status of the animals including results and dates of required tests, and
vaccinations, if any.
A health certificate is valid for 30 days from the date of issuance.
"National Pseudorabies Control Board" means the board sponsored by the
Livestock Conservation Institute, the National Pork Producers Council, and
the United States Animal Health Association.
"Official test" means any test for the detection of pseudorabies approved
by the Department and  licensed or approved by the United States Department
of Agriculture.
"Person" means any person, firm, corporation, partnership,
association, or other legal entity.
"Positive animal" means an animal which has given a positive reaction
to an official test for the detection of pseudorabies, or where the
pseudorabies virus has been found in the body or in the body discharges.
If the test procedure utilizes an initial screening test, the results of
the confirmatory test will be used for the final diagnosis.
"Pseudorabies" or "Aujeszky's disease" or "mad itch" or
"infectious bulbar paralysis" means an acute, infectious
disease caused by a herpes virus which affects primarily
swine, but may also affect other animals.
"Pseudorabies vaccine" means any vaccine containing
pseudorabies virus, either in a live, attenuated, genetically altered,
or killed state.
"Quarantine" means a condition in which swine shall be kept separate
and apart from and not allowed to come in contact with other domestic animals
in any way.
"Salvage value" means the carcass value of the animal.
(Source: P.A. 89-154, eff. 7-19-95.)
(510 ILCS 90/3) (from Ch. 8, par. 803)
Sec. 3. 
		
		No person shall produce, distribute, sell, or use
any pseudorabies vaccine for the immunization of any animal
in this State, unless such vaccine is currently licensed by
an agency of the United States Department of Agriculture and
approved for use within this State.
(Source: P.A. 80-969.)
(510 ILCS 90/4) (from Ch. 8, par. 804)
Sec. 4. 
		
		No person shall transport, or have transported
into Illinois, any animal which has been vaccinated with a
pseudorabies vaccine unless such vaccine is currently licensed
by an agency of the United States Department
of Agriculture and approved for use within this State.
(Source: P.A. 80-969.)
(510 ILCS 90/5) (from Ch. 8, par. 805)
Sec. 5. 
		
		The Department is authorized to establish a program aimed at
controlling the spread of pseudorabies.  This authority includes, but is
not limited to, requiring negative tests of swine, the right to quarantine
swine infected with or exposed to pseudorabies, to establish guidelines and
specified herd plans for monitoring the disease in Illinois herds, to
require that a minimum of 30 days elapse before the owner may repopulate the
premises after swine have been depopulated, and to conduct market swine
testing programs.
The Director may issue regulations, consistent
with the provisions of this Act, for the administration and
enforcement of this Act.
Such 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 premises, barns,
stables, sheds, slaughter establishments, or other places where swine
are kept or slaughtered, for the purpose of
administering the provisions of this Act; provided, sanitized footwear
furnished by the Department is used as well as any other reasonable disease
prevention procedures or equipment as may be furnished by the owner or
operator of the premise.
(Source: P.A. 87-157.)
(510 ILCS 90/5.1) (from Ch. 8, par. 805.1)
Sec. 5.1. Pseudorabies Advisory Committee. Upon the detection of pseudorabies within the State, the Director of Agriculture
is authorized to establish
within the Department an advisory committee to be known as the Pseudorabies
Advisory Committee.  The Committee shall consist of, but not be limited
to, representatives of swine producers, general swine organizations within
the State, licensed veterinarians, general farm organizations, auction
markets, the packing industry and the University of Illinois.  Members of the Committee shall only be appointed and meet during the timeframe of the detection.
The Director shall appoint a Technical Committee from the membership of
the Pseudorabies Advisory Committee, which shall be comprised of a
veterinarian, a swine extension specialist, and a pork producer.  This
committee shall serve as resource persons for the technical aspects of the
herd plans and may advise the Department on procedures to be followed,
timetables for accomplishing the elimination of infection, assist in
obtaining cooperation from swine herd owners, and recommend adjustments in
the approved herd plan as necessary.
These Committee members shall be entitled to reimbursement of
all necessary and actual expenses incurred in the performance of their duties.
(Source: P.A. 98-692, eff. 7-1-14.)
(510 ILCS 90/6) (from Ch. 8, par. 806)
Sec. 6. 
		Administrative penalties. 
		Any person violating or
aiding in or abetting the
violation of any provision of 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. 7-19-95.)
(510 ILCS 90/6.5)
Sec. 6.5. 
		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 90/6.10)
Sec. 6.10. 
		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 90/6.15)
Sec. 6.15. 
		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 90/7) (from Ch. 8, par. 807)
Sec. 7. 
		
		The Department of Agriculture is authorized to cooperate with
the United States Department of Agriculture in the control of pseudorabies
in swine in this State.
The Department may recognize areas, both within and outside of the State,
as pseudorabies free or low prevalence areas in accordance
with the
recommendations of the National Pseudorabies Control Board or any other
nationally recognized plan.
(Source: P.A. 90-655, eff. 7-30-98.)
(510 ILCS 90/8) (from Ch. 8, par. 808)
Sec. 8. 
		
		Upon request of the Department, owners of swine within the
State of Illinois shall submit their swine for an official test for the
detection of pseudorabies, provide the necessary facilities for testing,
and render such assistance as may be required by the Department.  The
reasonable expense of making such tests shall be paid by the Department.
When pseudorabies infection is disclosed in a herd, any herd having
contact with the infected herd or located in the surrounding area as
determined by epidemiological evidence shall be tested for the presence of the
disease.  The reasonable expense of making such tests shall be paid by the Department.
(Source: P.A. 85-165; 85-171.)
(510 ILCS 90/9) (from Ch. 8, par. 809)
Sec. 9. 
		Herd plan. 
		When pseudorabies has been diagnosed in a swine
herd, the herd
owner shall enter into an approved herd plan with the Department within 90
days of issuance of the quarantine or the effective date of this Act.  If
an approved herd plan cannot be agreed upon between the Department and the
herd owner, the Technical Committee shall recommend a plan.
The Department shall monitor the progress of individual herd plans and
coordinate testing and surveillance activities in the surrounding area as
determined by epidemiological evidence, to detect and prevent the spread of the
disease.
If progress toward eliminating the infection is not made in accordance
with the approved herd plan, the Technical Committee shall review the herd
plan and herd performance history with the Department and the herd owner,
and make specific recommendation for modifications to the approved herd
plan and revised timetables for eliminating the infection.  If the modified
herd plan does not achieve the expected results, the Technical Committee
may make further modifications to the herd plan as they deem necessary to
accomplish the elimination of the
disease or may recommend that the herd be depopulated.  The Department may
then order the depopulation of individual breeding swine or may order the
entire herd to be slaughtered under a staged slaughtering plan which
includes stated time frames.
If a herd owner refuses to enter into an approved herd plan, to continue with an approved herd plan, or to enter into a
modified plan, the Department shall hold
an administrative hearing before depopulation occurs. Written notice of the
hearing shall be given to the herd owner either by personal service or by
certified mail 5 days before the hearing. If the Director, following the
hearing, finds that the herd owner has refused to cooperate with an approved or
modified and approved herd plan, the Director may order immediate depopulation
of the entire herd without indemnification to the herd owner.
(Source: P.A. 89-154, eff. 7-19-95.)
(510 ILCS 90/10) (from Ch. 8, par. 810)
Sec. 10. 
		Indemnity. 
		If State funds are available to pay indemnity and
the
Technical Committee recommends depopulation as part of an approved herd
plan,
indemnity may be paid only for positive individual breeding
animals which
are removed from the herd and slaughtered in accordance with an approved
herd plan.  Indemnity payment will be made by the Department upon receipt
of proof of slaughter.
In the case of the depopulation of the entire herd, indemnity payments
will be made for all breeding animals that are slaughtered.  No indemnity
payments will be made until after the entire herd is depopulated and proof
of slaughter is received by the Department.
The Department shall pay to the owner of breeding swine so slaughtered
the appraisal value of such swine, less any salvage value received and less
any indemnity paid by the Federal Government.  In no case shall any payment
be more than $25 per head for grade swine or more than $50 for any
registered purebred animal or any breeding animal upon which a certificate
of registration has been issued by an approved inbred or hybrid livestock
registry association.  The swine shall be appraised jointly by the swine
owner or his representative and a representative of the Department.  If an
agreement cannot be reached on the appraised value, the swine shall be
appraised by 3 appraisers, one selected by the Department, one by the swine
owner or his representative, and one by the 2 appraisers thus selected.
The cost of the third appraiser shall be shared jointly by the Department
and the herd owner.  Swine presented for appraisal as purebred, inbred or
hybrid shall be accompanied by their certificate of registry at the time of
appraisal or they shall be appraised as grade.  In the absence of such
certificate of registry, the Department may grant a reasonable time for the
presentation of their certificate of registry to the appraiser.
(Source: P.A. 89-154, eff. 7-19-95.)
(510 ILCS 90/11) (from Ch. 8, par. 811)
Sec. 11. 
		
		The Department may require a negative pseudorabies test on
swine entering or being sold, leased, traded or offered for sale in
Illinois for feeding, breeding or exhibition purposes.  All swine entering
Illinois for feeding, breeding or exhibition purposes shall be accompanied
by an official health certificate or certificate of veterinary inspection.
(Source: P.A. 85-165; 85-171.)