DEPARTMENT OF AGRICULTURE

NOTICE OF ADOPTED AMENDMENTS

1) Heading of Part: Livestock Auction Markets

2) Code Citation: 8 Ill. Adm. Code 40

4) Statutory Authority: Livestock Auction Market Law [225 ILCS 640] and Section 40.23 of the Civil Administrative Code of Illinois [20 ILCS 205/205-410]

5) Effective Date of Amendments: September 1, 2012

6) Does this rulemaking contain an automatic repeal date? No

7) Does this rulemaking contain incorporations by reference? No

8) A copy of the adopted amendments, including any material incorporated by reference, is on file in the agency's principal office and is available for public inspection.

9) Notice of Proposal Published in Illinois Register: April 20, 2012; 36 Ill. Reg. 5888

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between proposal and final version: Non-substantive grammatical changes.

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements issued by JCAR? Yes

13) Will this rulemaking replace any emergency rulemaking currently in effect? No

14) Are there any amendments pending on this Part? No

15) Summary and Purpose of Amendments: Section 40.100 is being amended to address cattle entering the livestock auction market from brucellosis class free states or areas may be sold without test for brucellosis to be identified with an approved official eartag.

Section 40.170 addresses swine entering the livestock auction market from brucellosis stage free states or areas that may be sold without test for brucellosis.

16) Information and questions regarding these adopted amendments shall be directed to:

Linda Rhodes
Illinois Department of Agriculture
P. O. Box 19281, State Fairgrounds
Springfield, Illinois 62794-9281

Telephone: 217/785-5713
Facsimile: 217/785-4505

The full text of Adopted Amendments begins on the next page:

TITLE 8: AGRICULTURE AND ANIMALS

CHAPTER I: DEPARTMENT OF AGRICULTURE

SUBCHAPTER b: ANIMALS AND ANIMAL PRODUCTS(EXCEPT MEAT AND POULTRY INSPECTION ACT REGULATIONS)

PART 40

LIVESTOCK AUCTION MARKETS

AUTHORITY: Implementing and authorized by the Livestock Auction Market Law [225 ILCS 640] and Section 205-410 of the Civil Administrative Code of Illinois [20 ILCS 205/205-410].

SOURCE: Regulations Relating to Livestock Auction Markets, filed January 17, 1972, effective January 27, 1972; filed May 3, 1972, effective May 13, 1972; filed December 14, 1973, effective December 24, 1973; filed March 2, 1976, effective March 12, 1976; amended at 2 Ill. Reg. 24, p. 73, effective June 15, 1978; codified at 5 Ill. Reg. 10442; amended at 8 Ill. Reg. 5956, effective April 23, 1984; amended at 10 Ill. Reg. 9754, effective May 21, 1986; amended at 12 Ill. Reg. 3411, effective January 22, 1988; amended at 14 Ill. Reg. 1943, effective January 19, 1990; amended at 16 Ill. Reg. 11793, effective July 8, 1992; amended at 18 Ill. Reg. 1869, effective January 24, 1994; amended at 20 Ill. Reg. 1546, effective January 12, 1996; amended at 20 Ill. Reg. 16192, effective January 1, 1997; amended at 21 Ill. Reg. 17085, effective January 1, 1998; amended at 23 Ill. Reg. 441, effective January 1, 1999; amended at 23 Ill. Reg. 9780, effective August 9, 1999; amended at 26 Ill. Reg. 127, effective January 1, 2002; amended at 26 Ill. Reg. 14624, effective September 23, 2002; amended at 28 Ill. Reg. 13396, effective October 1, 2004; amended at 30 Ill. Reg. 16576, effective October 9, 2006; amended at 36 Ill. Reg. 13585, effective September 1, 2012.

Section 40.100 Brucellosis Test

a) Cattle entering the livestock auction market from brucellosis class free states or areas may be sold without testing for brucellosis.

b) Cattle sold through the livestock auction market, other than those going direct to slaughter, and those that are not required to be tested for brucellosis, shall be identified with an approved, official eartag. Eartag identification of cattle, together with the name and address of consignor and purchaser, date of sale, breed and number purchased, shall be made a part of the records of the livestock auction market before the cattle leave the livestock auction market.

c) All cattle entering the livestock auction market from states or areas other than brucellosis class free states must be in compliance with the following:

1a) Except as otherwise provided in 8 Ill. Adm. Code 40.110 and 40.120, no female cattle more than 6 months of age or bulls over 18 months of age shall be sold unless the such cattle have been tested for brucellosis and were found negative within 60 days prior to sale. The Such test shall be recognized for one change of ownership or premises only within the 60-day period, except that the such cattle may change ownership or premises one or more times in the 14-day period immediately following the negative test.

2b) The livestock auction market veterinarian shall submit a copy of the Brucellosis Test Record, Market Cattle Testing Program, VS Form 4-54 and all blood samples to a Department-approved laboratory the State-Federal Serology Laboratory, Springfield, Illinois, following each sale.

(Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012)

Section 40.120 Feeder Cattle Subject to Quarantine

All female cattle of beef breeds over 6 and under 18 months of age from states that are not brucellosis class free Class Free under the Brucellosis Eradication Uniform Methods and Rules as approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228, October 1, 2003) and the United States Department of Agriculture and/or 9 CFR 78.1 (20112005) sold or released from a livestock auction market for feeding or grazing purposes are subject to quarantine (8 Ill. Adm. Code 75.130) and shall be reported on Form M-107 Revised to the Department following each sale or at the end of each week.

(Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012)

Section 40.160 Sale Day

The regular sale day shall be recorded with the Department of Animal Industries. All special sales or changes in the regular sale day shall be reported to the Department at least 5 days prior to the such change or sale.

(Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012)

Section 40.170 Swine

a) In no case shall swine remain on the livestock auction market premises for more than 10 days.

b) Out-of-state feeder swine shall enter Illinois accompanied by a health certificate and a permit (8 Ill. Adm. Code 105.10) and be eartagged to show state of origin, except that feeder swine consigned from the farm of origin directly to a federally approved market shall be tagged immediately upon arrival at the market. The Such swine shall move directly into Illinois from the state of origin. A report of sale shall be made to the Department within 48 hours after the time of sale (on Form Z-5) to the Department, stating name and address of purchaser and number of animals purchased.

c) Eartag identification of swine, together with the name and address of consignor and purchaser, date of sale, breed and number purchased, shall be made a part of the records of the livestock auction market before swine leave the livestock auction market.

d) Swine entering the livestock auction market from brucellosis class free states or areas may be sold without testing for brucellosis. In accordance with Section 2 of the Illinois Swine Brucellosis Eradication Act [225 ILCS 95/2], all breeding swine 4 months of age and over shall be negative to an official test for brucellosis within 60 days prior to sale or originate from a validated brucellosis-free herd. The Such test shall be recognized for one change of ownership or premises only within the 60-day period.

(Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012)