2023 Illinois Compiled Statutes › Chapter 410 - PUBLIC HEALTH › 410 ILCS 635/ - Grade A Pasteurized Milk and Milk Products Act.

(410 ILCS 635/1) (from Ch. 56 1/2, par. 2201)
Sec. 1. 
		
		This Act shall be known and may be cited as the "Grade A Pasteurized
Milk and Milk Products Act".
(Source: P.A. 83-102.)
(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, and
certified pasteurizer sealers.
(Source: P.A. 92-216, eff. 1-1-02.)
(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" 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 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) (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. 98-958, eff. 1-1-15; 99-304, eff. 1-1-16.)
(410 ILCS 635/4) (from Ch. 56 1/2, par. 2204)
Sec. 4. 
		
		The Illinois Department of Public Health shall administer and
enforce this Act.  However, any local unit of government with a population of
1,000,000 or more and having or contracting with a health department with
a qualified administrative and inspectional staff meeting the personnel
standards promulgated by the Illinois Department of Public Health, may administer
and enforce this Act by adopting an ordinance containing provisions for
enforcement and penalties, and adopting by reference the rules and regulations
promulgated and amended from time to time by the Department under the authority
of this Act.  A local unit of government that is so qualified and elects to administer
and enforce this Act shall furnish the Department a copy of its ordinance
and the names and qualifications of the employees required by this Act.
When it is determined by the Department that the local unit of government
is not administering or enforcing the approved local ordinance in an approved
manner, such local unit of government shall be notified
in writing and given a reasonable
time to improve its administration and enforcement of the approved
ordinance.  During this time period, the Department may
make inspections or take enforcement action as necessary to insure compliance
with the provisions of this Act.  If after such notice and time allowed
the local unit of government is unable to administer and enforce the
approved ordinance in an approved manner, the approval to administer
and enforce this Act shall be revoked and the
administration and enforcement of this Act shall revert
to the Department.
Dairy farms, milk plants, receiving stations, cleaning and
sanitizing facilities, transfer stations, and
milk hauler-samplers in jurisdictions under a local ordinance
at the time of the
effective date of this Act will be subject to the local ordinance in lieu
of this Act until July 1, 1986, or until the date prior to July 1, 1986,
when the local ordinance is brought into compliance with this Act.
(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, 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
shall
remain valid indefinitely unless revoked by the Department for noncompliance
with the rules promulgated under this Act or the milk tank 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, 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, certified pasteurizer sealer, or milk
hauler-sampler
other than the one for which originally issued.
(Source: P.A. 92-216, eff. 1-1-02.)
(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; 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. 92-216, eff. 1-1-02.)
(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, 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, 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,
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, milk
hauler-sampler, or
pasteurizer sealer to
fully comply with this Act and the
rules and regulations relating thereto.
(Source: P.A. 92-216, eff. 1-1-02.)
(410 ILCS 635/7) (from Ch. 56 1/2, par. 2207)
Sec. 7. 
		
		After the effective date of this Act, properly prepared
plans for all dairy farm milking facilities, transfer stations, receiving
stations, cleaning and sanitizing facilities and milk plants regulated
under this Act which are hereafter constructed,
reconstructed, or extensively altered shall be submitted to the enforcing
agency for written approval before work is begun.
(Source: P.A. 84-910.)
(410 ILCS 635/8) (from Ch. 56 1/2, par. 2208)
Sec. 8. 
		
		After the effective date of this Act, no person shall sell
or distribute, offer to sell or distribute any milk or milk product for
human use or consumption unless such milk or milk product has been pasteurized
and has been produced and processed in accordance with rules and regulations
promulgated by the Department.
The term "sell or distribute for use or consumption" means to sell or distribute
to a person for human use or consumption and not for processing or resale in any form.
The pasteurization requirement of this Section shall not be applicable
to milk produced in accordance with Department rules and regulations if
sold or distributed on the premises of the dairy farm.
(Source: P.A. 83-102.)
(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 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. 92-216, eff. 1-1-02.)
(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.
The enforcing agency has the responsibility to prevent the distribution of adulterated milk and milk products and to inform the public of adulterated milk and milk products already in commerce.  In response to a confirmed foodborne outbreak or when a high risk of infection exists, the enforcing agency shall require pathogen testing to be performed on the implicated milk and milk products. 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 in accordance with the rules adopted under this Act and the Grade A Pasteurized Milk Ordinance. Examination standards and enforcement thereof shall be in accordance with the rules adopted under this Act and the Grade A Pasteurized Milk Ordinance.
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,
or certified pasteurizer sealer. The enforcing agency shall provide a dairy farm with a paper copy of the dairy farm's inspection report created in accordance with this Act at the time of inspection.
(Source: P.A. 100-618, eff. 1-1-19.)
(410 ILCS 635/11) (from Ch. 56 1/2, par. 2211)
Sec. 11. 
		
		When the enforcing agent has reasonable cause to suspect that
a disease has been transmitted from any dairy farm, milk
plant, cleaning and sanitizing facility, receiving
station or transfer station, owner, operator, employee or milk
hauler-sampler, the
enforcing agency shall secure a morbidity history of the suspected individual,
or make such other investigations as may be indicated and take appropriate
action.  The enforcing agency may require any or all of the following measures:
(a) the immediate exclusion of the individual from the plant, station,
cleaning and sanitizing facility, or
milk tank truck; (b) the immediate closure of the plant, station,
cleaning and sanitizing facility, or milk
tank truck under the emergency provision as provided in this Act; (c) the
restriction of the individual's services to some production or processing
area where there would be no danger of transmitting disease; and (d) the
adequate medical and laboratory
examinations of the individual, and of his body discharges.
(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, 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. 92-216, eff. 1-1-02.)
(410 ILCS 635/13) (from Ch. 56 1/2, par. 2213)
Sec. 13. 
		
		The enforcing agency is authorized to embargo or hold for
investigation any milk, milk product or equipment which it may have reason
to believe constitutes or may be contributing to a health hazard or
violates this Act or the rules
and regulations promulgated hereunder.  Such milk, milk product or equipment
shall not be disposed of until a release is secured from the enforcing agency.  The
enforcing agency shall complete its action on any such embargoed item within
a reasonable time and the plant or station shall be promptly notified of
the enforcing agency's decision.
(Source: P.A. 84-910.)
(410 ILCS 635/14) (from Ch. 56 1/2, par. 2214)
Sec. 14. 
		
		Whenever the enforcing agency finds in any dairy farm, milk
plant, receiving station, transfer station or vehicle any milk, milk product
or other dairy product which contains any unwholesome substance, or that
may be poisonous or deleterious to health or otherwise unsafe, such milk,
milk product or other dairy product shall be declared to be a nuisance, the Director
or his authorized agent shall condemn or destroy it or in any other manner
render the same unsalable as human food.
(Source: P.A. 84-910.)
(410 ILCS 635/14.1) (from Ch. 56 1/2, par. 2214.1)
Sec. 14.1. 
		
		(a) A milk tank truck used to haul grade A milk or milk
products may be used only for that purpose, and may not be used to haul any
other substance,
except those
substances listed pursuant to subsection (c) of this Section.
(b) Milk introduced into any tank truck that has been previously used to
haul any chemical or foreign substance, other than grade A milk or milk
products, shall be presumed to be contaminated, unwholesome and unfit for
human
consumption, unless such tank truck was cleaned and sanitized prior to
the introduction of the milk according to the standards promulgated by the Department.
(c) The Department shall adopt by rule a listing of those substances
other than milk that may be hauled by milk tank trucks into which, after
proper cleaning and sanitizing procedures have been completed, milk can be
reintroduced without risk of contamination from any residue from the
substance.  Such list shall not contain any toxic substance.
(d) This Section does not prohibit the use in milk tank trucks of any
substance permitted by the Department to be used in the cleaning,
sterilization or routine maintenance of milk tank trucks.
(e) The Department shall require the maintenance of a log for each
tank truck used to haul milk and other substances.  Such logs shall
include: (1) the date or dates of each trip taken by the tank truck; (2)
the name of the substance hauled by the tank truck; (3) the date the tank
truck was cleaned and sanitized; (4) the location where the truck was
cleaned and sanitized; and (5) such other information deemed necessary by
the Department to enforce this Act.  The log for a tank truck shall be
available upon request.
(Source: P.A. 84-1069.)
(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, milk
plants, certified pasteurizer sealers, cleaning and sanitizing
facilities, receiving
stations and transfer stations.
(Source: P.A. 92-216, eff. 1-1-02.)
(410 ILCS 635/16) (from Ch. 56 1/2, par. 2216)
Sec. 16. 
		Violation; penalty.
(a) Any person who violates this Act or any rule or regulation
adopted by the Department under this Act shall be guilty of a Class A
misdemeanor and fined a sum of not less than $100, except that a milk
hauler-sampler or certified pasteurizer sealer
shall be guilty of a Class C misdemeanor.  Each day's violation shall
constitute
a separate offense.  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, or may in addition to other remedies
provided in this Act, bring action for an injunction to restrain such
violations,
or to enjoin the operation which caused the violation.
(b) Whenever a person ships milk found to be adulterated with a violative
drug residue, a penalty may be assessed equivalent to the suspension of milk
shipment for 48 hours for the first offense.  A second and third offense may
require a penalty equivalent to the suspension of milk shipment for 96 hours.
The Department shall adopt these penalties by rule.  Penalties collected by the
Department shall be deposited into the Food and Drug Safety Fund.
(Source: P.A. 88-600, eff. 9-1-94; 89-526, eff. 7-19-96.)
(410 ILCS 635/17) (from Ch. 56 1/2, par. 2217)
Sec. 17. 
		
		The Administrative Review Law governs all proceedings for
judicial review of final administrative decisions of the Department under
this Act.  The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 83-102.)
(410 ILCS 635/18) (from Ch. 56 1/2, par. 2218)
Sec. 18. 
		
		The provisions of The Illinois Administrative Procedure Act
are adopted and apply to and govern all administrative procedures under this Act.
(Source: P.A. 83-102.)
(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, 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. 92-216, eff. 1-1-02.)