Illinois General Assembly - Full Text of SB1228
Illinois General Assembly

Previous General Assemblies

Full Text of SB1228  99th General Assembly


Rep. Lou Lang

Filed: 5/11/2015





09900SB1228ham001LRB099 09424 JLK 35091 a


2    AMENDMENT NO. ______. Amend Senate Bill 1228 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Grade A Pasteurized Milk and Milk Products
5Act is amended by changing Section 3 as follows:
6    (410 ILCS 635/3)  (from Ch. 56 1/2, par. 2203)
7    Sec. 3. Definitions.
8    (a) As used in this Act "Grade A" means that milk and milk
9products are produced and processed in accordance with the
10current Grade "A" A Pasteurized Milk Ordinance as adopted by
11the National Conference on Interstate Milk Shipments and the
12United States Public Health Service - Food and Drug
13Administration and all other applicable federal regulations.
14The term Grade A is applicable to "dairy farm", "milk
15hauler-sampler", "milk plant", "milk product", "receiving
16station", "transfer station", "milk tank truck", and



09900SB1228ham001- 2 -LRB099 09424 JLK 35091 a

1"certified pasteurizer sealer" whenever used in this Act.
2    (b) Unless the context clearly indicates otherwise, terms
3have the meaning ascribed as follows:
4        (1) (Blank).
5        (2) "Milk" means the milk of cows, goats, sheep, water
6    buffalo, or other hooved mammals, provided that it must be
7    labeled in accordance with the current Grade "A"
8    Pasteurized Milk Ordinance as adopted by the United States
9    Public Health Service - Food and Drug Administration, and
10    includes skim milk and cream. The Grade "A" Pasteurized
11    Milk Ordinance labeling requirement does not apply to
12    unpasteurized milk produced and distributed in accordance
13    with Section 8 of this Act and Department rules.
14        (3) (Blank).
15        (4) (Blank).
16        (5) "Receiving station" means any place, premise, or
17    establishment where raw milk is received, collected,
18    handled, stored or cooled and prepared for further
19    transporting.
20        (6) "Transfer station" means any place, premise, or
21    establishment where milk or milk products are transferred
22    directly from one milk tank truck to another.
23        (7) "Department" means the Illinois Department of
24    Public Health.
25        (8) "Director" means the Director of the Illinois
26    Department of Public Health.



09900SB1228ham001- 3 -LRB099 09424 JLK 35091 a

1        (9) "Embargo or hold for investigation" means a
2    detention or seizure designed to deny the use of milk or
3    milk products which may be unwholesome or to prohibit the
4    use of equipment which may result in contaminated or
5    unwholesome milk or dairy products.
6        (10) "Imminent hazard to the public health" means any
7    hazard to the public health when the evidence is sufficient
8    to show that a product or practice, posing or contributing
9    to a significant threat of danger to health, creates or may
10    create a public health situation (1) that should be
11    corrected immediately to prevent injury and (2) that should
12    not be permitted to continue while a hearing or other
13    formal proceeding is being held.
14        (11) "Person" means any individual, group of
15    individuals, association, trust, partnership, corporation,
16    person doing business under an assumed name, the State of
17    Illinois, or any political subdivision or department
18    thereof, or any other entity.
19        (12) "Enforcing agency" means the Illinois Department
20    of Public Health or a unit of local government electing to
21    administer and enforce this Act as provided for in this
22    Act.
23        (13) "Permit" means a document awarded to a person for
24    compliance with the provisions of and under conditions set
25    forth in this Act.
26        (14) (Blank).



09900SB1228ham001- 4 -LRB099 09424 JLK 35091 a

1        (15) (Blank).
2        (16) (Blank).
3        (17) "Certified pasteurizer sealer" means a person who
4    has satisfactorily completed a course of instruction and
5    has demonstrated the ability to satisfactorily conduct all
6    pasteurization control tests, as required by rules adopted
7    by the Department.
8        (18) "Unpasteurized milk" means milk that has not been
9    pasteurized or homogenized in accordance with the Grade "A"
10    Pasteurized Milk Ordinance as adopted by the United States
11    Public Health Service - Food and Drug Administration and is
12    not subject to the labeling requirements of the Ordinance.
13(Source: P.A. 97-135, eff. 7-14-11; 98-958, eff. 1-1-15.)".