2023 Illinois Compiled Statutes › Chapter 510 - ANIMALS › 510 ILCS 35/ - Illinois Bovidae and Cervidae Tuberculosis Eradication Act.

(510 ILCS 35/1) (from Ch. 8, par. 87)
Sec. 1. 
		Definitions. 
		Unless the context otherwise requires, the words,
terms and phrases
used in this Act have the meanings ascribed to them in the following
Sections.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/1.1) (from Ch. 8, par. 87.1)
Sec. 1.1. 
		
		"Accredited veterinarian" means a veterinarian who is licensed by
the State in which he practices, is approved by the State Animal Health
Official of that State and is accredited by the United States Department of
Agriculture.
(Source: P.A. 77-110.)
(510 ILCS 35/1.3) (from Ch. 8, par. 87.3)
Sec. 1.3. 
		Quarantine. 
		"Quarantine" means condition in which members of
the families bovidae or cervidae as defined in this Act shall be kept
separate and apart from, and not allowed to come in contact in any way
with, other cattle, bison, sheep, goats, antelope, or cervidae.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/1.4) (from Ch. 8, par. 87.4)
Sec. 1.4. 
		
		"Department" or "Department of Agriculture" means the Department
of Agriculture of the State of Illinois.
(Source: Laws 1967, p. 512.)
(510 ILCS 35/1.5) (from Ch. 8, par. 87.5)
Sec. 1.5. 
		
		"Health certificate" or "interstate health certificate" means a
legible record made on an official form of the State of Origin, or 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 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 shall contain name and address
of the consignor, the name and address of the consignee, and an accurate
description or identification of the animals involved and shall also
indicate the health status of the animals including results and dates of
required tests.
(Source: P.A. 82-700.)
(510 ILCS 35/1.6) (from Ch. 8, par. 87.6)
Sec. 1.6. 
		Tuberculous reactor; reactor. 
		"Tuberculous reactor" or
"reactor" means cattle, bison, sheep, goats, antelope, or cervidae that
evidence a systemic or local reaction after the injection of
tuberculin.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/1.7) (from Ch. 8, par. 87.7)
Sec. 1.7. 
		
		"Approved health certificate" means one that has been endorsed by
the State Animal Health Officials of the State of Illinois.
(Source: P.A. 77-110.)
(510 ILCS 35/1.8) (from Ch. 8, par. 87.8)
Sec. 1.8. 
		Tuberculosis suspect. 
		"Tuberculosis suspect" means any
cattle, bison, sheep, goats, antelope, or cervidae that show a
response
to a caudal fold tuberculin test or single cervical tuberculin test in the
case of cervidae and are not classified a reactor or
cattle,
bison, sheep, goats, antelope, or cervids that have been classified a suspect
by a comparative cervical
test.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/1.9)
Sec. 1.9. 
		Cattle. 
		"Cattle" means any member of the family bovidae of the
genus bos, including all exotic types of cattle and oxen.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/1.10)
Sec. 1.10. 
		Bison. 
		"Bison" means any member of the genus bison, including
buffalo, exotic types of buffalo, and crossbred bison or buffalo such as
beefalo and cattalo.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/1.11)
Sec. 1.11. 
		Sheep and goats. 
		"Sheep" and "goats" mean any member of the
family bovidae of the subfamily Caprinae, which includes all domestic and wild
members of the subfamily.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/1.12)
Sec. 1.12. 
		Antelope. 
		"Antelope" means any member of the family bovidae of
the subfamily Antilopinae.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/1.13)
Sec. 1.13. 
		Cervidae or cervid. 
		"Cervidae" or "cervid" means any member of
the family cervidae, including all types of domestic deer, moose, and
elk maintained in captivity.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/1.14)
Sec. 1.14. 
		Auction market. 
		"Auction market" means a licensed livestock
facility (stockyard or livestock market under State and federal veterinary
supervision) where livestock is assembled.
(Source: P.A. 91-457, eff. 1-1-00.)
(510 ILCS 35/1.15)
Sec. 1.15. 
		Marketing center. 
		"Marketing center" means an approved
livestock
facility (stockyard or livestock market under State and federal veterinary
supervision) where livestock is assembled and that has been approved by the
U.S. Department of Agriculture under the rules pertaining to an approved
livestock facility.
(Source: P.A. 91-457, eff. 1-1-00.)
(510 ILCS 35/2) (from Ch. 8, par. 88)
Sec. 2. 
		Testing required. 
		All owners of dairy or breeding cattle,
bison, sheep, goats, antelope, or cervids  within the State of Illinois
shall submit their cattle, bison, sheep, goats, antelope, or cervids for a
tuberculin test upon request of the
Department of Agriculture, and shall provide necessary facilities for
making tests and render such assistance as may be required by the
Department. The direct expense of making such tests shall be paid by the
Department.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/3) (from Ch. 8, par. 89)
Sec. 3. 
		Authorization of veterinarian; results of test. 
		The Department
may authorize any accredited veterinarian or a
veterinarian employed by the United States
Department of Agriculture or any successor agency to conduct a bovine or
cervid
tuberculin test. Immediately upon completion of such test, the veterinarian
shall forward the results of the test on prescribed forms to the
Department.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/4) (from Ch. 8, par. 90)
Sec. 4. 
		Destruction of infected animals; depopulation. 
		If, upon making
any tests, as provided in this Act, it shall appear
that any such cattle, bison, sheep, goats, antelope, or cervids are
affected with
tuberculosis, it shall be the duty
of the Department of Agriculture to cause the destruction thereof, in such
manner as may be deemed most expedient.
The entire herd or flock may be depopulated when Mycobacterium bovis
infection
is confirmed in a cattle, bison, sheep, goat, antelope, or cervid herd or
flock  through examination of tissues at the United
States Department of Agriculture Veterinary Services Diagnostic Laboratory
at Ames, Iowa, or a comparable accredited laboratory, or with the consent
of the owner when lesions indicative of tuberculosis are disclosed at slaughter
and the tuberculin test results, herd history and epidemiological studies
provide a basis for such depopulation.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/5) (from Ch. 8, par. 91)
Sec. 5. 
		Branding infected animals; quarantine. 
		All cattle,
bison, sheep, goats, antelope, or cervids that have now reacted or
shall
hereafter react to the
tuberculin test shall, immediately upon such reaction, be marked by
branding on the left hip with a letter "T". The letter shall be not
less
than two nor more than three inches in length, and the animal shall be
tagged in the left ear with a special tag to be furnished by the Department
of Agriculture. It is the duty of the veterinarian applying the tuberculin
test to immediately notify the Department of Agriculture of such reactors,
and to brand and tag such animals as prescribed in this Act.
No person shall remove any such identification tag.
On receipt of such notice the Department of Agriculture shall mail, or
deliver to the owner of such reacting animal a written quarantine notice to
prohibit the movement of such animal from the premises where found, except
for direct shipment to an approved stockyard or an approved slaughtering
establishment, and to further prohibit the movement from the premises of
any other animals in the herd except on written permit from the Department,
until the quarantine is released by the Department. Depositing such notice
in any post office, letter box, or other receptacle erected and maintained
for the receipt of mail is sufficient notice of such quarantine.
The Department may quarantine cattle, bison, sheep, goats, antelope, or
cervids suspected of being infected with
tuberculosis. Suspicion of tuberculosis infection in the herd may be based
upon, but is not specifically limited to, the presence of lesions grossly
indicative of Mycobacterium bovis and confirmed by laboratory examination,
revealed in an animal at time of slaughter or autopsy with a subsequent
trace made to the herd of origin of the animal or, when cattle, bison, sheep,
goats, antelope, or cervids originating
from an infected herd have been sold or transferred to another herd or,
possible contact of cattle, bison, sheep, goats, antelope, or cervids,
either through physical or mechanical means,
with animals from an infected herd, or when tracing and epidemiologic analysis
indicate possible spread from an infected herd. Such quarantine shall remain
in effect until official tests or autopsies fail to disclose the presence
of tuberculosis.
The owner of cattle, bison, sheep, goats, antelope, or cervids under
quarantine shall comply with all quarantine
measures
which are considered necessary by the Department of Agriculture and bear
all expense connected with such quarantine.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/6) (from Ch. 8, par. 92)
Sec. 6. 
		Appraisal and payment for animals destroyed. 
		If any cattle,
bison, or cervids tested for tuberculosis under this Act react to
the test and are destroyed, the State of Illinois shall pay to the owner
of such cattle, bison, or cervids an indemnity of $200 for any grade animal
or $400 for any
registered animal. The Department may, by regulation, increase the indemnity
payments to facilitate the program for eradication of tuberculosis. No payment
shall be made unless the owner has complied with all lawful quarantine
regulations.
Before payment of indemnity, the owner shall present to the Department
the registration certificates covering animals registered with an approved
registry association, otherwise indemnity payment shall be made as grade.
A reasonable length of time shall be allowed for the registration of eligible
animals that are under 3 years of age.
When the complete herd depopulation procedure is followed, the State
shall pay to the owner of cattle, bison, or cervids destroyed the appraisal
value of such cattle,
bison, or cervids, less any salvage value received and less any indemnity
received from the
Federal Government, but in no case shall the State indemnity payment exceed
$200 for a grade animal or $400 for a registered animal, except as provided
in Section 7 of this Act. All cattle, bison, or cervids in a herd,
regardless of test status,
may be destroyed when Mycobacterium bovis is confirmed in the herd.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/7) (from Ch. 8, par. 93)
Sec. 7. 
		Failure of U.S. 
		government to cooperate; payment for animals
destroyed. If at any time the Congress of the United States fails or refuses
to make an appropriation to assist in the eradication of tuberculosis and
in the payment for cattle, bison, or cervids destroyed under this Act, or
if for any other
reason or in any other way the cooperation of the United States Government
is withdrawn, the State of Illinois shall pay to the owner of any cattle,
bison, or cervids
tested for tuberculosis which react and are
destroyed under this Act an additional indemnity of $200 for
any grade animal or $400
for any registered animal. When the complete herd depopulation procedure
is followed and funds from the United States Government are not available
or are withdrawn, the State shall pay to the owner of cattle, bison, or
cervids destroyed the
appraisal value of such cattle, bison, or cervids, less any salvage value
received, but in
no case shall the State indemnity payment exceed $400 for any grade animal
or $800 for any registered animal. The Department may, by regulation, increase
the
indemnity payments to facilitate the program for eradication of
tuberculosis. If at any time the State of Illinois fails or refuses to make
an appropriation for the eradication of tuberculosis and in payment for
cattle, bison, or cervids destroyed under the provisions of this Act, or if
at any time the
appropriation made by the General Assembly of this State for such purpose
shall become exhausted, the testing of cattle, bison, or cervids as
provided for in this Act
shall be suspended until such time as money shall be available for payment
of cattle, bison, or cervids destroyed under this Act.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/8) (from Ch. 8, par. 94)
Sec. 8. 
		
		No compensation shall be paid to any person for an animal condemned
for tuberculosis:
(a) Unless the bona fide owner is a resident or taxpayer of the State of
Illinois;
(b) Unless such animal, if imported into the State, was examined at the
time of importation and found free from tuberculosis;
(c) Unless the infected premises have been disinfected in such manner as
to prevent the further spread of tuberculosis;
(d) If the owner retains the animal for more than 30 days after it has
been adjudged infected with tuberculosis;
(e) If the owner violates any of the provisions of this Act or the
reasonable rules promulgated by the Department under authority of this Act;
(f) Unless the owner furnishes proof that animals added to his herd from
other herds were added thereto in full compliance with statutory
requirements and regulatory requirements of the Department as to the health
status of such animals at the time of addition to his herd.
(Source: P.A. 77-110.)
(510 ILCS 35/9) (from Ch. 8, par. 95)
Sec. 9. 
		Certificate of tuberculosis-free herd. 
		The Department of
Agriculture shall establish rules for determining
when a herd of cattle, bison, goats, or cervids shall be considered as
tuberculosis-free. When any
herd meets such requirements the owner shall be entitled to a certificate
from the Department of Agriculture showing that the herd is a
tuberculosis-free accredited herd. Such certificate shall be revoked
whenever the herd no longer meets the necessary requirements for an
accredited herd, but the herd may be reinstated as an accredited herd upon
subsequent compliance with such requirements. "Herd" as herein used shall
include one or any number of cattle, bison, goats, or cervids.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/10) (from Ch. 8, par. 96)
Sec. 10. 
		Sale, distribution, and use of tuberculin; who may test. 
		The
Department shall control the sale, distribution and use of all
tuberculin in the State, and shall formulate rules for its distribution and
use. Only an accredited veterinarian or a veterinarian employed by the United
States Department of Agriculture or
any successor agency shall apply a tuberculin test to cattle, bison, sheep,
goats, antelope, or cervids in this State.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/11) (from Ch. 8, par. 97)
Sec. 11. 
		
		No tuberculin test is required for
cattle or bison brought into the State of Illinois or shipped from public stockyards
in the State, or exhibited in the State, when such cattle or bison are
accompanied by a certificate of health issued by an accredited veterinarian
or a veterinarian employed by the United States
Department of Agriculture. Such cattle or bison may be subject to a
negative tuberculin
test or quarantine for tuberculosis as provided in Section 12.6 of the Act
and regulations promulgated thereto.
(Source: P.A. 84-200.)
(510 ILCS 35/12.5) (from Ch. 8, par. 98.5)
Sec. 12.5. 
		Animals for immediate slaughter. 
		Cattle, bison, sheep,
goats, antelope, or cervids for immediate slaughter consigned to a recognized
slaughtering center may be shipped into Illinois without a tuberculin test,
health certificate, or other entry certificates.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/12.6) (from Ch. 8, par. 98.6)
Sec. 12.6. 
		Negative tuberculin test; quarantine. 
		When, for the
protection of the livestock herds of Illinois, and
in the interest of the general public, in the opinion of the Department of
Agriculture it is deemed advisable, said Department shall have the
authority to require negative tuberculin testing prior to
entry into Illinois
and or prior to exhibition in Illinois, and to quarantine for tuberculosis
all cattle, sheep, goats, antelope,
cervids, or bison shipped into Illinois or from a public stock yard
through regulations promulgated by the Department and approved by the
Advisory Board of Livestock Commissioners.
However, no tuberculin test shall be required for any cattle exhibiting in
the State of Illinois that originate from a Tuberculosis Accredited Free
State as defined under the Bovine Tuberculosis Eradication Uniform Methods
and Rules approved by the U. S. Department of Agriculture.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/13) (from Ch. 8, par. 99)
Sec. 13. 
		Importation of animals; certificates. 
		Before accepting
consignment of cattle, bison, antelope, or cervids for importation into the
State of Illinois, all persons, transportation companies, or truck
operators, shall require that a copy of the certificate of health, or
permit, or Federal Inspection Certificate, covering the animals in the
shipment, as required in the orders and regulations of the Department, be
delivered to them to be attached to the waybill and accompany the shipment
to its destination. Such certificates must be carried by the person in
charge of said cattle, bison, antelope, or cervids and be available for
inspection upon demand. A copy
of the certificate of health under which cattle, bison, antelope, or
cervids are brought into the State
of Illinois, bearing the approval of the State Animal Health Official of
the State of origin, must be mailed to the Department of Agriculture.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/14) (from Ch. 8, par. 100)
Sec. 14. 
		Sale of reacting animals. 
		It shall be unlawful to sell, offer
for sale, trade, give away, or purchase any
cattle, bison, sheep, goats, antelope, or cervids known to have reacted to
the tuberculin test, except for slaughter
at an approved slaughtering establishment.  No cattle, bison, sheep, goats,
antelope, or cervids shipped from a herd
under
quarantine shall be diverted en route to the slaughtering establishment.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/15) (from Ch. 8, par. 101)
Sec. 15. 
		Care of undelivered animals. 
		In all cases where the
transportation company is obliged under the
provisions of this law to withhold or refuse delivery of cattle, bison,
sheep, goats, antelope, or cervids, the duty
to feed and care for such cattle, bison, sheep, goats, antelope, or cervids
shall be upon the owner or consignor, or
in case of his default in so doing then by the transportation company at
the expense of the owner or consignor, and such transportation company
shall in such case have a lien upon such animals for food, care or custody
furnished, and such transportation company shall not be liable for any
detention to such cattle, bison, sheep, goats, antelope, or cervids to
enable compliance with the provisions of this
Act.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/17a) (from Ch. 8, par. 103.1)
Sec. 17a. 
		Application of Act. 
		This Act shall not prevent the movement of
cattle, bison, sheep, goats, antelope, or cervids into stockyards
registered under the Packers and Stockyards Act, a State-Federal approved
slaughtering establishment or a marketing center.
(Source: P.A. 90-192, eff. 7-24-97; 91-457, eff. 1-1-00.)
(510 ILCS 35/18) (from Ch. 8, par. 104)
Sec. 18. 
		Administration and enforcement of Act; entry upon premises. 
		The
Department is charged with the administration and enforcement
of this Act, and may adopt reasonable rules and regulations therefor. No
rule or regulation adopted or issued by the Department, under this Act,
shall be effective on and after January 1, 1946, unless such rule or
regulation has been submitted to the Advisory Board of Livestock
Commissioners for approval. To effect the purposes of this Act, the
Department shall cooperate with the Department of Agriculture of the United
States.
The Department or its duly authorized agent, in performing the duties
vested in it under this Act, is empowered to enter during usual working
hours upon any premises, barns, stables, sheds or other places where such
cattle, bison, sheep, goats, antelope, or cervids  are housed or kept.
Sheriffs, prosecuting attorneys and their deputies shall, in their
respective jurisdiction, render all necessary assistance to enable the
Department or its duly authorized agent to enforce this Act.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/19) (from Ch. 8, par. 104a)
Sec. 19. 
		Penalty; quarantine. 
		Any person violating any provision of this Act is guilty of a business
offense and shall be punished by a fine of not less than $50 nor more than
$1,000.
In addition to the penalty herein provided, if any owner of dairy or
breeding cattle, bison, sheep, goats, antelope, or cervids refuses to
submit such cattle, bison, sheep, goats, antelope, or cervidae for a
tuberculin test, such
cattle, bison, sheep, goats, antelope, or cervids may be placed in
quarantine until submitted for test.
(Source: P.A. 90-192, eff. 7-24-97.)
(510 ILCS 35/20) (from Ch. 8, par. 104b)
Sec. 20. 
		
		If any of the provisions of this Act are for any reason
unconstitutional, it is the intent of the General Assembly that so far as
possible the remaining provisions of the Act be given effect and validity.
(Source: Laws 1929, p. 7.)
(510 ILCS 35/22) (from Ch. 8, par. 104d)
Sec. 22. 
		Short title. 
		This Act may be cited as
the Illinois Bovidae and Cervidae Tuberculosis Eradication Act.
(Source: P.A. 90-192, eff. 7-24-97.)