Illinois General Assembly - Full Text of Public Act 099-0304
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Public Act 099-0304





Public Act 099-0304
SB1228 EnrolledLRB099 09424 JLK 29631 b

    AN ACT concerning health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Grade A Pasteurized Milk and Milk Products
Act is amended by changing Section 3 as follows:
    (410 ILCS 635/3)  (from Ch. 56 1/2, par. 2203)
    Sec. 3. Definitions.
    (a) As used in this Act "Grade A" means that milk and milk
products are produced and processed in accordance with the
current Grade "A" A Pasteurized Milk Ordinance as adopted by
the National Conference on Interstate Milk Shipments and the
United States Public Health Service - Food and Drug
Administration and all other applicable federal regulations.
The term Grade A is applicable to "dairy farm", "milk
hauler-sampler", "milk plant", "milk product", "receiving
station", "transfer station", "milk tank truck", and
"certified pasteurizer sealer" whenever used in this Act.
    (b) Unless the context clearly indicates otherwise, terms
have the meaning ascribed as follows:
        (1) (Blank).
        (2) "Milk" means the milk of cows, goats, sheep, water
    buffalo, or other hooved mammals, provided that it must be
    labeled in accordance with the current Grade "A"
    Pasteurized Milk Ordinance as adopted by the United States
    Public Health Service - Food and Drug Administration, and
    includes skim milk and cream. The Grade "A" Pasteurized
    Milk Ordinance labeling requirement does not apply to
    unpasteurized milk produced and distributed in accordance
    with Section 8 of this Act and Department rules.
        (3) (Blank).
        (4) (Blank).
        (5) "Receiving station" means any place, premise, or
    establishment where raw milk is received, collected,
    handled, stored or cooled and prepared for further
        (6) "Transfer station" means any place, premise, or
    establishment where milk or milk products are transferred
    directly from one milk tank truck to another.
        (7) "Department" means the Illinois Department of
    Public Health.
        (8) "Director" means the Director of the Illinois
    Department of Public Health.
        (9) "Embargo or hold for investigation" means a
    detention or seizure designed to deny the use of milk or
    milk products which may be unwholesome or to prohibit the
    use of equipment which may result in contaminated or
    unwholesome milk or dairy products.
        (10) "Imminent hazard to the public health" means any
    hazard to the public health when the evidence is sufficient
    to show that a product or practice, posing or contributing
    to a significant threat of danger to health, creates or may
    create a public health situation (1) that should be
    corrected immediately to prevent injury and (2) that should
    not be permitted to continue while a hearing or other
    formal proceeding is being held.
        (11) "Person" means any individual, group of
    individuals, association, trust, partnership, corporation,
    person doing business under an assumed name, the State of
    Illinois, or any political subdivision or department
    thereof, or any other entity.
        (12) "Enforcing agency" means the Illinois Department
    of Public Health or a unit of local government electing to
    administer and enforce this Act as provided for in this
        (13) "Permit" means a document awarded to a person for
    compliance with the provisions of and under conditions set
    forth in this Act.
        (14) (Blank).
        (15) (Blank).
        (16) (Blank).
        (17) "Certified pasteurizer sealer" means a person who
    has satisfactorily completed a course of instruction and
    has demonstrated the ability to satisfactorily conduct all
    pasteurization control tests, as required by rules adopted
    by the Department.
        (18) "Unpasteurized milk" means milk that has not been
    pasteurized or homogenized in accordance with the Grade "A"
    Pasteurized Milk Ordinance as adopted by the United States
    Public Health Service - Food and Drug Administration and is
    not subject to the labeling requirements of the Ordinance.
(Source: P.A. 97-135, eff. 7-14-11; 98-958, eff. 1-1-15.)

Effective Date: 1/1/2016