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92nd General Assembly

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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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