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Public Act 92-0216
HB2552 Enrolled LRB9204276DJgc
AN ACT to amend the Grade A Pasteurized Milk and Milk
Products Act concerning milk trucks.
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 Sections 2, 3, 5, 5.1, 6, 9, 10,
12, 15, and 19 as follows:
(410 ILCS 635/2) (from Ch. 56 1/2, par. 2202)
Sec. 2. The purpose of this Act is to protect, promote,
and preserve the public health and general welfare by
providing for the establishment and enforcement of minimum
standards for cleanliness and safe sanitation practices for
all Grade A milk and milk products and to provide for
inspection and issuance of permits to operators of dairy
farms, milk plants, receiving stations, transfer stations,
milk hauler-samplers, milk tank trucks bulk milk pickup
tanks, and certified pasteurizer sealers.
(Source: P.A. 89-526, eff. 7-19-96.)
(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 latest United States Public Health Service - Food and
Drug Administration Grade A Pasteurized Milk Ordinance as may
be amended. The term Grade A is applicable to "dairy farm",
"milk hauler-sampler", "milk plant", "milk product",
"receiving station", "transfer station", "milk tank truck"
"bulk milk pickup tank", and "certified pasteurizer sealer"
whenever used in this Act.
(b) Unless the context clearly indicates otherwise,
terms have the meaning ascribed as follows:
(1) "Dairy farm" means any place or premise where
one or more cows or goats are kept, and from which a part
or all of the milk or milk products are provided, sold,
or offered for sale to a milk plant, transfer station, or
receiving station.
(2) "Milk" means the milk of cows or goats and
includes skim milk and cream.
(3) "Milk plant" means any place, premise, or
establishment where milk or milk products are collected,
handled, processed, stored, pasteurized, aseptically
processed, bottled, or prepared for distribution.
(4) "Milk product" means any product including
cream, light cream, light whipping cream, heavy cream,
heavy whipping cream, whipped cream, whipped light cream,
sour cream, acidified light cream, cultured sour cream,
half-and-half, sour half-and-half, acidified sour
half-and-half, cultured half-and-half, reconstituted or
recombined milk and milk products, concentrated milk,
concentrated milk products, skim milk, lowfat milk,
frozen milk concentrate, eggnog, buttermilk, cultured
milk, cultured lowfat milk or skim milk, cottage cheese,
yogurt, lowfat yogurt, nonfat yogurt, acidified milk,
acidified lowfat milk or skim milk, low-sodium milk,
low-sodium lowfat milk, low-sodium skim milk,
lactose-reduced milk, lactose-reduced lowfat milk,
lactose-reduced skim milk, aseptically processed and
packaged milk and milk products, and milk, lowfat milk or
skim milk with added safe and suitable microbial
organisms.
(5) "Receiving station" means any place, premise,
or establishment where raw milk is received, collected,
handled, stored or cooled and prepared for further
transporting.
(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 Act.
(13) "Permit" means a document awarded to a person
for compliance with the provisions of and under
conditions set forth in this Act.
(14) "Milk hauler-sampler" means a person who is
qualified and trained for the grading and sampling of raw
milk in accordance with federal and State quality
standards and procedures.
(15) "Cleaning and sanitizing facility" means any
place, premise or establishment where milk tank trucks
are cleaned and sanitized.
(16) "Milk tank truck" includes both a bulk pickup
tank and a milk transport tank.
(A) "Bulk milk pickup tank" means the tank,
and those appurtenances necessary for its use, used
by a milk hauler-sampler to transport bulk raw milk
for pasteurization from a dairy farm to a milk
plant, receiving station, or transfer station.
(B) "Milk transport tank" means a vehicle,
including the truck and tank, used by a milk hauler
to transport bulk shipments of milk from a transfer
station, receiving station, or milk plant to another
transfer station, receiving station, or milk plant.
(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.
(Source: P.A. 89-526, eff. 7-19-96.)
(410 ILCS 635/5) (from Ch. 56 1/2, par. 2205)
Sec. 5. After the effective date of this Act, it shall
be unlawful for any person to establish, maintain, conduct,
or operate a dairy farm, milk plant, receiving station, or
transfer station processing milk or milk products, to
establish and operate a cleaning and sanitizing facility or
milk tank truck bulk milk pickup tank, to haul or sample
milk, or to act as a certified pasteurizer sealer within this
State, or to bring into and distribute from out-of-state milk
and milk products without first obtaining a permit therefor
from the Department.
The Department may prescribe and conduct examinations, a
portion of which may be written, to test the knowledge of
milk hauler-samplers and certified pasteurizer sealers as a
condition for awarding permits.
Permits issued by the Department for certified
pasteurizer sealers, cleaning and sanitizing facilities, milk
plants, and receiving or transfer stations shall expire on
December 31 of each year. Permits issued to milk
hauler-samplers shall expire on March 31 of each year.
Permits issued for milk tank trucks bulk milk pickup tanks
shall remain valid indefinitely unless revoked by the
Department for noncompliance with the rules promulgated under
this Act or the milk tank truck bulk milk pickup truck is
transferred or removed from service. Permits issued for dairy
farms shall have no expiration date and shall remain valid
indefinitely unless revoked by the Department for
noncompliance with the rules promulgated under this Act or
discontinuation of the dairy farm operation for which a
permit was issued.
Applications for original permits or renewals shall be
made on forms furnished by the Department. Each application
shall contain: (1) the name and address of the applicant or
names and addresses of the partners if the applicant is a
partnership, or the names and addresses of the officers if
the applicant is a corporation, or the names and addresses of
all persons having a financial interest therein if the
applicant is a group of individuals, association or trust;
and (2) the location of the plant, station, cleaning and
sanitizing facility, certified pasteurizer sealer, milk tank
truck bulk milk pickup tank, or milk hauler-sampler. A
permit shall be valid only in the hands of the person to whom
it is issued and shall not be the subject of sale, assignment
or other transfer, voluntary or involuntary, nor shall the
permit be valid for any premises, milk tank truck bulk milk
pickup tank, certified pasteurizer sealer, or milk
hauler-sampler other than the one for which originally
issued.
(Source: P.A. 89-526, eff. 7-19-96.)
(410 ILCS 635/5.1) (from Ch. 56 1/2, par. 2205.1)
Sec. 5.1. (a) The Department shall charge a fee of $100
for each permit issued to a milk plant; $50 for each permit
issued to a receiving station, transfer station, or cleaning
and sanitizing facility; $25 for each permit issued to a milk
hauler-sampler; $25 for each permit issued for a milk tank
truck bulk milk pickup tank; and $100 for each certified
pasteurizer sealer. In addition to such fees, the Department
shall assess a late fee if an application for renewal of a
permit is received after the expiration date of the existing
permit. The late fee shall be $50 for a permit issued to a
milk plant; $25 for a permit issued to a receiving station,
transfer station, or cleaning and sanitizing facility; and
$15 for a permit issued to a milk hauler-sampler.
(b) All permit fees charged under this Section shall be
deposited into the Food and Drug Safety Fund.
(Source: P.A. 89-526, eff. 7-19-96.)
(410 ILCS 635/6) (from Ch. 56 1/2, par. 2206)
Sec. 6. If the Department finds that a dairy farm, milk
hauler-sampler, milk plant, cleaning and sanitizing facility,
receiving station, transfer station, milk tank truck bulk
milk pickup tank, or pasteurizer sealer for which a permit is
sought is not in compliance with the provisions of this Act
or the rules and regulations relating thereto, but that such
dairy farm, milk plant, cleaning and sanitizing facility,
transfer or receiving station, milk tank truck bulk milk
pickup tank, milk hauler-sampler, or pasteurizer sealer may
operate without undue prejudice to the public health, the
Department may issue a conditional permit setting forth the
conditions on which the permit is issued, the manner in which
the dairy farm, milk plant, cleaning and sanitizing facility,
transfer or receiving station, milk tank truck bulk milk
pickup tank, milk hauler-sampler, or pasteurizer sealer fails
to comply with the Act and such rules and regulations and
shall set forth the time, not to exceed 90 days, within which
the applicant must make any changes or corrections necessary
in order for such dairy farm, milk plant, cleaning and
sanitizing facility, transfer or receiving station, milk tank
truck bulk milk pickup tank, milk hauler-sampler, or
pasteurizer sealer to fully comply with this Act and the
rules and regulations relating thereto.
(Source: P.A. 89-526, eff. 7-19-96.)
(410 ILCS 635/9) (from Ch. 56 1/2, par. 2209)
Sec. 9. All permits for farms, plants or stations as
provided for in this Act shall be displayed in a conspicuous
place for public view within or on the premises. A sticker or
decal identifying the permit number must be displayed on the
milk tank truck bulk milk pickup tank immediately adjacent to
the manufacturer's identification plate. A milk
hauler-sampler shall maintain upon his person his permit or
renewal at all such times as he is operating a milk tank
truck or collecting a sample. A certified pasteurizer sealer
shall maintain upon his or her person his or her permit or
renewal at all times during which he or she is testing a
pasteurizer.
(Source: P.A. 89-526, eff. 7-19-96.)
(410 ILCS 635/10) (from Ch. 56 1/2, par. 2210)
Sec. 10. After proper identification, authorized
representatives of the enforcing agency are authorized and
shall have the power to enter, at reasonable times, all dairy
farms, milk plants, cleaning and sanitizing facilities,
receiving stations, transfer stations, or vehicles used to
transport milk and milk products under its jurisdiction, for
the purpose of inspecting, sampling, and investigating
conditions relating to the enforcement of this Act and the
rules and regulations promulgated hereunder.
At least 4 times during every 6-month period,
representatives of the enforcing agency shall collect samples
of milk from each milk plant for testing. The samples shall
be tested for salmonella. If a product tests
unsatisfactorily, two more samples, each obtained on separate
days, shall be tested; if the average of the 3 test results
fails to meet the enforcing agency's standards, the milk
plant shall be in violation of this Act.
Written notice of all violations shall be given to the
dairy farm, milk plant, cleaning and sanitizing facility,
receiving or transfer station, milk hauler-sampler, milk tank
truck bulk milk pickup tank, or certified pasteurizer sealer.
(Source: P.A. 89-526, eff. 7-19-96.)
(410 ILCS 635/12) (from Ch. 56 1/2, par. 2212)
Sec. 12. Whenever the enforcing agency finds that an
imminent hazard to the public health exists which requires
immediate action to protect the public health, it may,
without any administrative procedure to bond, bring an action
for immediate injunctive relief to require that such action
be taken as the court may deem necessary to meet the
emergency, including the closing of the dairy farm, milk
plant, receiving or transfer station, cleaning and sanitizing
facility, milk hauler-sampler, milk tank truck bulk milk
pickup tank, or certified pasteurizer sealer or the
suspension or revocation of the permit. Notwithstanding any
other provision of this Act, such order shall be effective
immediately. The court may issue an ex parte order and shall
schedule a hearing on the matter no later than 3 working days
from the date of the injunction. Where this Act is being
enforced by the State of Illinois, the State's Attorney of
the county in which the violation occurred or the Attorney
General shall bring such actions in the name of the People of
the State of Illinois. When, in the opinion of the enforcing
agency, such conditions are abated, it may authorize
reopening the plant, cleaning and sanitizing facility or
station, and the injunctive order shall be dissolved.
(Source: P.A. 89-526, eff. 7-19-96.)
(410 ILCS 635/15) (from Ch. 56 1/2, par. 2215)
Sec. 15. The Department shall, in accordance with The
Illinois Administrative Procedure Act, promulgate, publish
and adopt rules, regulations and standards as may be
necessary for the proper enforcement of this Act. The rules,
regulations and standards shall include but not be limited to
requirements for dairy farms, milk hauler-samplers, milk tank
trucks bulk milk pickup tanks, milk plants, certified
pasteurizer sealers, cleaning and sanitizing facilities,
receiving stations and transfer stations.
(Source: P.A. 89-526, eff. 7-19-96.)
(410 ILCS 635/19) (from Ch. 56 1/2, par. 2219)
Sec. 19. It is declared to be the law of this State,
pursuant to paragraphs (h) and (i) of Section 6 of Article
VII of the Illinois Constitution that the regulation of dairy
farms, milk plants, cleaning and sanitizing facilities,
receiving stations, transfer stations, milk tank trucks bulk
milk pickup tanks, milk hauler-samplers, and certified
pasteurizer sealers is an exercise of exclusive State power
which may not be exercised concurrently by a home rule unit
unless provided otherwise in Section 4 of this Act.
(Source: P.A. 89-526, eff. 7-19-96.)
Section 99. Effective date. This Act takes effect
January 1, 2002.
Passed in the General Assembly May 10, 2001.
Approved August 02, 2001.
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