Section 775.150  Drug Residue Control Program

a)         Equipment used to administer drugs and medicines shall not be cleaned in the wash vats and shall be stored so as not to contaminate the milk or milk contact surfaces of equipment.

b)         Drugs and medicines shall be stored in such a manner that they cannot contaminate the milk or milk product contact surface of the equipment, containers or utensils.  Such products shall be properly labeled to include:

1)         The name and address of the manufacturer or distributor (for O.T.C. medicines and drugs), or veterinary practitioner dispensing the product (for Rx and Extra-Label use medicines and drugs);

2)         Directions for use, and prescribed holding times;

3)         Cautionary statements, if needed; and

4)         Active ingredients in the drug product.

c)         Unapproved and/or improperly labeled drugs and medicines shall not be used to treat dairy animals and shall not be stored in the milkhouse, milking barn, stable or parlor.  Drugs and medicines intended for treatment of non-lactating dairy animals shall be segregated from those drugs and medicines used for lactating animals.  (Separate shelves in cabinets, refrigerators, or other storage facilities satisfy this item.)

d)         Topical antiseptics, wound dressings (unless intended for direct injection into the teat), vaccines and other biologics, and dosage form vitamins and/or mineral products are exempt from labeling and storage requirements except when it is determined that they are stored in such a manner that they may contaminate the milk or milk product surfaces of containers or utensils.

e)         The following describes the Department's Drug residue control program for Grade A raw milk under Section 6 of the PMO.

1)         If the analysis of a sample from a bulk milk pickup tanker or milk received directly from the farm bulk tank shows any drug residue at or above the tolerances and/or safe levels of drug residues as established by Appendix N of the PMO, then the  individual sample collected from each producer's milk that was in the bulk milk pickup tanker is tested to determine which producer or producers have created or contributed to the drug residue.

2)         When the individual sample testing is complete and the tests indicate a violative drug residue, the producer's or producers' Grade A permit will be summarily suspended.  Another sample will be taken from milk produced after corrections have been made to determine whether this adulteration is continual.  For the third occurrence of a drug residue in any 12 month period the Department shall initiate administrative procedures pursuant to revocation of the producer's permit.

3)         If the resample shows no violative drug residue, the suspended Grade A permit will be conditionally reinstated for up to 30 days.  The producer and a licensed veterinarian must complete a quality assurance (QA) program, within the 30 day conditional reinstatement of the Grade A permit.

4)         When the field representative has transmitted to the Department a copy of the quality assurance program completion certificate, signed by the producer and a licensed veterinarian, the producer's Grade A permit shall be fully reinstated.

f)         The following describes the penalty procedures for the Department's drug residue control program for Grade A raw milk.

1)         These procedures shall be followed when individual sample testing for drug residues has been completed, test results indicate a violative drug residue, and the producer's or producers' Grade A permit is summarily suspended in accordance with subsection (e) of this Section.  The producer or producers shall submit to the Department an equivalent penalty to the 96 hour period following the violative shipment for the second and third occurrences in any 12 month period.   The equivalent penalty for the second and third occurrences shall be $4.00 per hundred weight of the milk produced during the 96 hours following the violative shipment.  The penalty shall be paid to the Department by the first buyer of the milk, by the last day of the month immediately following the violation.  Following the third occurrence of a drug residue violation in any 12 month period, the Department shall initiate administrative procedures, pursuant to Section 775.90, to permanently revoke the producer's permit.

2)         The producer's Grade A permit will be conditionally reinstated for up to 30 days when a subsequent sample of the producer's milk does not contain a violative drug residue.  The producer and a licensed veterinarian must complete a quality assurance (QA) program within the 30 day conditional reinstatement of the Grade A permit.

3)         When the field representative has transmitted to the Department a copy of the quality assurance program completion certificate signed by the producer and a licensed veterinarian, the producer's Grade A permit shall be fully reinstated.

g)         All monies collected through the drug residue control program and deposited in the Food and Drug Safety Fund will be dedicated to drug residue prevention efforts, producer education and providing information in the prevention of drug residues.

(Source:  Amended at 27 Ill. Reg. 15979, effective October 1, 2003)