DEPARTMENT OF AGRICULTURE

NOTICE OF ADOPTED AMENDMENTS

1) Heading of the Part: Bovine Brucellosis

2) Code Citation: 8 Ill. Adm. Code 75

4) Statutory Authority: Illinois Bovine Brucellosis Eradication Act [510 ILCS 30]

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. 5894

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: Update references to the Code of Federal Regulations; strike references to the State-Federal Serology Laboratory and replace with Department-approved laboratory; amend Section 75.130 to address untested heifers between 6 and 18 months of age from non-brucellosis states or areas may enter Illinois. Section 75.160 is being amended to address female cattle entering Illinois to include beef breeds and dairy breeds. Section 75.180 is striking reference to Dairy or Beef in the Section title and subsection (b) is including all unvaccinated dairy or beef heifers over 6 months of age and bulls more than 18 months of age originating from Non-Brucellosis Class Free States, areas or countries and bison over 6 months of age.

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 75

BOVINE BRUCELLOSIS

AUTHORITY: Implementing and authorized by the Illinois Bovine Brucellosis Eradication Act [510 ILCS 30].

SOURCE: Regulations Relating to Bovine Brucellosis, filed January 17, 1972, effective January 27, 1972; filed May 3, 1972, effective May 13, 1972; filed December 6, 1972, effective December 16, 1972; filed June 20, 1973, effective June 20, 1973; filed December 14, 1973, effective December 24, 1973; filed August 19, 1975, effective August 29, 1975; filed March 12, 1976, effective March 22, 1976; filed June 21, 1976, effective July 1, 1976; filed December 29, 1976, effective January 8, 1977; amended at 2 Ill. Reg. 24, p. 55, effective June 15, 1978; amended at 3 Ill. Reg. 34, p. 96, effective August 24, 1979; amended at 5 Ill. Reg. 720, effective January 2, 1981; codified at 5 Ill. Reg. 10453; amended at 7 Ill. Reg. 1737, effective January 28, 1983; amended at 7 Ill. Reg. 1733, effective February 2, 1983; amended at 8 Ill. Reg. 5891, effective April 23, 1984; amended at 9 Ill. Reg. 4483, effective March 22, 1985; amended at 9 Ill. Reg. 19647, effective January 1, 1986; amended at 10 Ill. Reg. 9741, effective May 21, 1986; amended at 11 Ill. Reg. 10169, effective May 15, 1987; amended at 12 Ill. Reg. 3386, effective January 22, 1988; amended at 13 Ill. Reg. 3636, effective March 13, 1989; amended at 14 Ill. Reg. 1911, effective January 19, 1990; amended at 18 Ill. Reg. 1833, effective January 24, 1994; amended at 20 Ill. Reg. 1509, effective January 12, 1996; amended at 20 Ill. Reg. 16181, effective January 1, 1997; amended at 21 Ill. Reg. 17040, effective January 1, 1998; amended at 23 Ill. Reg. 397, effective January 1, 1999; amended at 23 Ill. Reg. 9764, effective August 9, 1999; amended at 28 Ill. Reg. 13400, effective October 1, 2004; amended at 30 Ill. Reg. 10067, effective May 22, 2006; amended at 34 Ill. Reg. 19376, effective January 1, 2011; amended at 36 Ill. Reg. 13591, effective September 1, 2012.

Section 75.5 Definitions

The definitions for this Part shall be as stated in 8 Ill. Adm. Code 20.1. The following definitions definition shall also apply:

"Act" means the Illinois Bovine Brucellosis Eradication Act [510 ILCS 30].

"Registered animal" means an animal for which individual records of ancestry are recorded and maintained by a breed association whose purpose is the improvement of the bovine species, and for which individual registration certificates are issued and recorded by the such breed association. The breed associations recognized by the Department are those recognized by the United States Department of Agriculture (USDA) (9 CFR 51.1, 20112005).

(Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012)

Section 75.10 Official Classification of the Results of the Brucellosis Blood Test

a) The official tests and classification of results for the brucellosis blood and milk tests shall be as prescribed in 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 USDA and/or 9 CFR 78.1 (20112009).

b) The Buffered Acidified Plate Antigen (BAPA) test or other official test approved by the USDA and Department shall be the official tests used at licensed livestock auction markets in the State.

c) The official brucellosis test for cattle or bison imported into Illinois shall be one conducted at an approved laboratory.

(Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012)

Section 75.15 Permits to Conduct Official Brucellosis Tests

a) A permit to operate a laboratory to conduct blood serum agglutination tests for brucellosis will be issued when the applicant has:

1) Completed a Department permit application and returned it to the Department.

2) Received oral instruction on testing procedures from Department State-Federal Serology Laboratory personnel.

3) Completed a check test conducted at a Department-approved laboratory the State-Federal Serology Laboratory of 100 bovine brucellosis serum samples, with a score of at least 90% accuracy.

b) Retesting of the person permitted to operate a laboratory to conduct brucellosis tests will occur when tests performed by the permittee fail to disclose three or more reactors as determined by confirmation tests at a Department-approved laboratory the State-Federal Serology Laboratory.

c) The Department may suspend or revoke a permit to operate a laboratory when the permittee does the following:

1) Fails to follow the instructions provided by the Department State-Federal Serology Laboratory regarding testing procedures and required testing equipment.

2) Fails to maintain the laboratory and laboratory equipment in a clean and sanitary condition.

3) Fails to keep all required reagents, forms and testing supplies under the control of the permittee at all times.

4) Fails to submit testing records and blood serum samples to the Department as prescribed for confirmatory testing.

5) Fails retesting as provided for in subsection (b).

(Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012)

Section 75.90 Release of Herds of or Cattle or Bison Under Quarantine

a) Herds that which disclose reactors shall be quarantined until depopulated or official tests indicate brucellosis infection no longer exists in the herd.

b) An additional official test of all test-eligible cattle or bison in the herd is required not less than 6 months after release of the herd quarantine or not less than 10 months after removal of the last reactor. For the purpose of this Section, "test-eligible" cattle or bison means all cattle or bison 6 months of age or over except steers, spayed heifers, and official brucellosis calfhood vaccinates under 24 months of age for beef breeds or bison and 20 months of age for dairy breeds.

c) The Such herd retests shall be conducted at State-Federal expense if; provided, funds are available. The blood samples shall be submitted for diagnosis to an approved laboratory.

(Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012)

Section 75.120 Requirements for Establishing and Maintaining Certified Brucellosis-Free Herds of Cattle or Bison

Certified brucellosis-free herds shall be established and maintained in accordance with 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 USDA and/or 9 CFR 78.1 (20112009).

(Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012)

Section 75.130 Feeding or Grazing Cattle

a) All steers, and spayed heifers, and calves of the beef breeds under 6 months of age may enter Illinois when accompanied by an official interstate health certificate or OR by a permit from the Department. A permit may be obtained by telephoning or writing the Department. Steers and spayed heifers are not subject to quarantine restrictions.

b) Heifers, untested, of the beef breeds over 6 months of age and under 18 months for feeding and grazing purposes only from Non-Brucellosis Class Free States Class A, B, or C states or areas may enter Illinois when accompanied by an official interstate health certificate and AND a permit from the Department. They are placed under quarantine at destination and shall be held under quarantine for the period of feeding, not to exceed 12 months, with an extension of 90 days granted on request to the Department. Heifers, untested, of the beef breeds over 6 months of age and under 18 months for feeding and grazing purposes only from Class Free States states may enter Illinois when accompanied by an official interstate health certificate and will not be placed under quarantine at destination.

c) The owner shall report to the Department the disposition of heifers that which are under quarantine for feeding and grazing purposes. If those such heifers are retained longer than the allowed feeding period, they shall be tested for brucellosis at the owner's expense. All brucellosis blood tests for release of quarantine shall be conducted at an approved laboratory.

(Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012)

Section 75.160 Female Cattle - Beef Breeds - 18 Months and Over

Female cattle of the beef breeds 18 months of age and over, for feeding or grazing purposes only, may enter Illinois if they are accompanied by an official interstate health certificate showing:

a) Negative brucellosis blood test conducted at a state or Federal Laboratory within 30 days prior to entry; or , OR

b) The animals to be under 24 months of age for beef breeds and under 20 months of age for dairy breeds and officially calfhood vaccinated against brucellosis; or ,OR

c) Originated from a Brucellosis Class Free State, area, or country or a certified brucellosis-free herd Certified Brucellosis-Free Herd.

(Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012)

Section 75.180 Dairy or Beef Cattle or Bison

a) All sexually intact cattle or bison transported or moved into the State of Illinois, unless those said cattle or bison are consigned directly direct to slaughter and delivered by the transportation company within the confines of a public stockyards, livestock auction market or marketing center, shall be accompanied by an official certificate of health showing:

1) All such cattle or bison over 6 months of age are negative to brucellosis blood test within 30 days prior to shipment; or , OR

2) All cattle originated from a certified brucellosis-free herd or, Class Free State, area, or country, or are bison from a certified brucellosis-free herd. State status is not recognized for bison. Certified herd number shall be given and the cattle or bison shall be identified by ear tag number, registration name and number, dam's registration number, or record association approved individual tattoo; or , OR

3) Cattle are official brucellosis calfhood vaccinates under 24 months of age for beef breeds or bison and 20 months of age for dairy breeds.

b) All unvaccinated dairy or beef heifers over 6 months of age, bulls more than 18 months of age originating from Non-Brucellosis Class Free States, areas, or countries, and or bison over 6 months of age or bulls more than 18 months of age moving through an out-of-state auction market or marketing center must be accompanied by an official health certificate showing a negative test for brucellosis within 30 days prior to entry, regardless of state or herd status. Official brucellosis calfhood vaccinates do not need to be tested until they are 24 months of age for beef breeds and bison and 20 months of age for dairy breeds.

(Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012)

Section 75.190 Additional Requirements on Cattle and Bison from States Designated as Class B and Class C States

a) In addition to other entry requirements, a prior permit must be obtained for all cattle or bison, except those consigned directly direct to slaughter or calves under 6 months of age except as further provided for in this Section, entering Illinois from states designated by the U.S. Department of Agriculture as Class B and Class C under provisions of the Brucellosis Eradication Uniform Methods and Rules as recommended and approved by the United States Animal Health Association (P. O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228) and by the USDA (October 1, 2003). Prior Such prior permits shall be obtained by contacting the Bureau of Animal Health and Welfare, Illinois Department of Agriculture, State Fairgrounds, P.O. Box 19281, Springfield, Illinois 62794-9281, telephone 217/782-4944. Information regarding the origin, destination and description of the cattle, along with the number of animals in the shipment, is necessary for obtaining a permit.

b) Breeding cattle or bison 12 months of age or over from Class B and Class C States such states shall be placed under quarantine and in isolation until retested and negative to an official test for brucellosis conducted not less than 45 days nor more than 120 days after entering Illinois. Breeding cattle or bison originating from certified brucellosis-free herds are exempt from this provision.

c) All female cattle or bison born after July 1, 1985, if more than 4 months of age, except spayed heifers (female cattle or bison may be spayed after entry into Illinois with prior approval from the Department, which will be given upon receipt of the name of the veterinarian who will be performing the operation) or those consigned directly to slaughter, entering Illinois from Class B or Class C States states must be official calfhood vaccinates and vaccination status shall be recorded on the official interstate health certificate. In lieu of calfhood vaccination, cattle from Class B States states entering Illinois for feeding purposes only may be identified with a hot iron brand on either hip using the letter F of not less than three inches in height.

d) Female cattle or bison, except those consigned directly to slaughter, entering Illinois from Class C States states shall, in addition to present entry requirements now on file, either originate from a certified brucellosis-free herd or be spayed and be officially identified by a hot iron brand on either hip using an open spade design (e.g., as used in playing cards) of not less than three inches in height. Certification of spaying by an accredited veterinarian is to be shown on the official interstate health certificate. Female cattle or bison may be spayed after entry into Illinois with prior approval from the Department, which will be given upon receipt of the name of the veterinarian who will be performing the operation.

e) Calves under two months of age not accompanied by their dams may be imported from Class C States states if they meet the following requirements:

1) An entry permit shall be obtained on all shipments. All such calves shall be quarantined until shipped to slaughter or neutered (spayed or castrated).

2) All calves shall be accompanied by the Certificate of Veterinary Inspection (i.e., health certificate) and shall be individually identified by official eartags. The eartag numbers shall be recorded on the Certificate.

(Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012)