2023 Illinois Compiled Statutes › Chapter 505 - AGRICULTURE › 505 ILCS 95/ - Illinois Milk Promotion Act.

(505 ILCS 95/1) (from Ch. 5, par. 1901)
Sec. 1. 
		
		Because individual producers of milk are unable to develop
adequate new markets for their commodity, the following is declared to be
the legislative policy of this Act:
a.  To enable milk producers of this State to establish a system for
collecting and disbursing funds to maintain and expand markets of their
commodity with market demands;
b.  To encourage market development and research programs, which provide
funds for the development of new and larger markets for milk and milk products;
c.  Through expanded markets, to aid milk producers in maintaining an
adequate and equitable level of income.
(Source: P.A. 84-830.)
(505 ILCS 95/2) (from Ch. 5, par. 1902)
Sec. 2. 
		
		This Act shall be known and may be cited as the "Illinois
Milk Promotion Act".
(Source: P.A. 84-830.)
(505 ILCS 95/3) (from Ch. 5, par. 1903)
Sec. 3. 
		For the purposes of this Act, unless the context clearly requires otherwise:
a.  "Milk" means the whole lacteal secretion obtained
from dairy cows.
b.  "Producer" means any individual, partnership, corporation or other
business entity who is actively engaged in the production and sale of milk
and who receives income from the production and sale of milk unless
otherwise defined in the milk promotion program.
c.  "First Purchaser" means any individual, partnership, corporation, or
other business entity who purchases milk from a producer for resale in any form.
d.  "Market Development" means to engage in research and educational
programs directed toward better and more efficient utilization of milk,
development of new products or uses of milk, to provide methods and means
for the maintenance of present markets and for the development of new and
larger domestic and foreign markets.
e. "Milk Promotion Program" means any program established under this Act
which prescribes procedures for the development of markets for milk and milk products.
f. "Handler" means any person engaged in the business of purchasing or
receiving milk from, or selling milk on behalf of, affected producers and
introducing it into channels of commerce, or in the business of processing
or distributing milk of producers.
g. "Hundred Weight" means a unit of weight equal to 100 pounds of fluid milk.
h. "Director" means the director of the Department of Agriculture of the
State of Illinois.
i. "Department" means the Department of Agriculture of the State of Illinois.
j. "Milk Promotion Board" means the board established under this Act to
administer a milk promotion program.
(Source: P.A. 84-830.)
(505 ILCS 95/4) (from Ch. 5, par. 1904)
Sec. 4. 
		
		Any milk promotion program proposed or adopted under this
Act shall include the following:
a.  A definition of terms;
b.  The purpose of the program;
c.  The assessment rate or rates not to exceed the statutory authority;
d.  Procedures for collection of the assessment provided for by the program;
e.  The election procedure of members of the Milk Promotion Board, terms
of office, compensation, if any, procedures for filling vacancies on the
Milk Promotion Board, and other necessary provisions pertaining thereto;
f.  A provision that assessments authorized in a promotion program shall
not be used for political or legislative activity or other preferential
treatment of any person to the detriment of other persons in the promotion program; and
g. The operating procedures of the program.
(Source: P.A. 84-830.)
(505 ILCS 95/5) (from Ch. 5, par. 1905)
Sec. 5. 
		
		Any milk promotion program proposed or adopted under this
Act may include any of the following:
a.  Market development and research programs;
b.  Market promotion, education and public relations programs;
c.  Market  information services;
d.  The right to contract with qualified organizations, agencies or
individuals for any of the activities listed in subsections a, b or c of this Section;
e.  A proposal to ensure that promotion monies be expended in any
areas, either within or without the State of Illinois, where significant
quantities of Illinois milk or milk products are or could be marketed;
f. Other provisions not inconsistent with this Act or other Illinois or
federal laws and regulations; and
g. Procedures to exempt certain producers or specific milk production.
(Source: P.A. 84-830.)
(505 ILCS 95/6) (from Ch. 5, par. 1906)
Sec. 6. 
		
		Upon the effective date of this Act, the Illinois Milk
Producers Association, a not-for-profit corporation chartered in the State
of Illinois, shall be the temporary Milk Promotion Program Committee with
full powers and responsibilities of the elected board until such time as
the elected board assumes its duties.
The temporary Milk Promotion Program Committee shall
establish procedures for (1) the qualifications of producers for the milk
promotion program, (2) the participation of producers in referenda and (3)
other procedures necessary in the development and adoption of a milk
promotion program.
(Source: P.A. 84-830.)
(505 ILCS 95/7) (from Ch. 5, par. 1907)
Sec. 7. 
		
		Within 180 days after the final approval by the temporary
Milk Promotion Program Committee of any proposed milk promotion program,
the temporary Milk Promotion Program Committee shall conduct a referendum
to determine whether the affected producers
assent to such proposed milk promotion program.
The voting procedure will be developed by the temporary Milk Promotion
Program Committee.  A milk promotion program is approved when a majority of
eligible producers vote in favor of such milk promotion program.
The referendum area includes the entire State of Illinois.  Voting shall
be at geographically located polling places or by mailed ballots.
Provision shall be made in the milk promotion program for absentee voting
on any referendum or election.
Any producer who is qualified under the proposed milk promotion program
is entitled to one vote.  A dairy cooperative is authorized to vote for a
member producer if authorized by such producer.  In determining the
eligibility of producers, the temporary Milk Promotion Program Committee or the Milk
Promotion Board may request the Department of Public Health to provide a
current listing of the names and addresses of all milk producers registered
under the "Grade A Pasteurized Milk and Milk Products Act" and the
"Illinois Food, Drug and Cosmetic Act".  The Department of Public Health is
authorized to provide listings when requested
by the temporary Milk Promotion Program Committee or the Milk Promotion
Board.  The temporary Milk Promotion Program Committee or the Milk
Promotion Board shall pay the costs charged by the Department of Public
Health for the listings.
If any proposed milk promotion program is not approved by such
referendum, no additional referendum on such milk promotion program may be
held for 2 years from the date of the close of such referendum.  A
succeeding referendum shall be called by the temporary Milk Promotion
Program Committee upon request by
petition of 500 producers of milk with at least 10 signers of such petition
from each of 10 counties.
The temporary Milk Promotion Program  Committee shall follow the procedures
set forth in Section 6.
(Source: P.A. 84-830.)
(505 ILCS 95/8) (from Ch. 5, par. 1908)
Sec. 8. 
		
		Reasonable publicity and notification of the referendum or election date
and voting locations or procedures shall be provided by the temporary Milk
Promotion Program Committee or the Milk Promotion Board in trade
publications and the public
press at least 2 weeks prior to any referendum or election date.
(Source: P.A. 84-830.)
(505 ILCS 95/9) (from Ch. 5, par. 1909)
Sec. 9. 
		
		The milk promotion program established by this Act shall
remain in effect for 5 years.  Thereafter, the program shall
automatically be extended from year to year unless a referendum for
disapproval is requested by written petition of no less than 10% of
the affected producers from each respective district.  The Milk Promotion
Board shall conduct a referendum
in accordance with Section 7 of this Act, within 180 days of receipt of a
petition for discontinuance of the program, to determine the continued
approval of such milk promotion program as indicated by a majority of
producers voting to continue.
Continuation or termination shall be determined by the same voting
requirements for adoption of the milk promotion program set forth in Section 7.
(Source: P.A. 84-830.)
(505 ILCS 95/10) (from Ch. 5, par. 1910)
Sec. 10. 
		
		Any milk promotion program established under this Act shall
provide for a Milk Promotion Board which is charged with the administration
of the program.
The Board shall consist of members elected from dairy cooperatives
which have a member or members residing in the State of Illinois.  Each
cooperative is entitled to elect one Board member, and any cooperative
which has more than 400 members residing in Illinois shall elect an
additional Board member for each 400 members residing in Illinois.  Any new
dairy cooperative organized after the effective date of this amendatory Act
of 1986 must have at least 50 members residing in Illinois to be entitled
to elect a Board member.
There shall be established by the temporary Milk Promotion Program
Committee or the Milk Promotion Board 4 districts from which there will be one
producer elected from each district.  The districts shall
represent as nearly an equal a volume of milk as may be practicable.
The Milk Promotion Board shall elect from its members a chairman,
secretary and treasurer and such other positions as may be provided for in
the milk promotion program.  The term of office for members of the Milk
Promotion Board shall be for 3 years except the term of the members of
the Board first taking office shall be for one, 2 or 3 years as
determined by the initial Board.  The Milk Promotion Board shall establish
the number of members of each term of office of the initial Milk Promotion
Board and shall conduct the election of members in subsequent years.
The total administrative costs to manage the Illinois
Milk Promotion Act, including salaries, employee benefits, office
equipment and office expenses, shall not exceed 5% of the annual
assessments.  All voting
members of the Milk Promotion Board are
entitled to actual and necessary travel and incidental expenses and while
attending meetings of the Board or while engaged in the performance of
official responsibilities as determined by the Board and provided for in the
milk promotion program.
(Source: P.A. 84-1276.)
(505 ILCS 95/11) (from Ch. 5, par. 1911)
Sec. 11. 
		
		All candidates for the Milk Promotion Board shall be natural
persons who are milk producers.  A vacancy on the Milk Promotion Board
during the term of office that represents a dairy cooperative shall be
filled by the Milk Promotion Board with a producer from the respective
dairy cooperative for the balance of the unexpired term.  A vacancy on the
Milk Promotion Board during the
term of office that represents an elected producer shall be filled by the
Milk Promotion Board with a producer from that respective district.
(Source: P.A. 84-830.)
(505 ILCS 95/12) (from Ch. 5, par. 1912)
Sec. 12. 
		
		The duties and responsibilities of the Milk Promotion Board
shall be prescribed in the authority for each milk promotion program and to
the extent applicable shall include the following:
a.  To develop and direct the milk promotion program;
b.  To prepare and approve a budget consistent with estimated receipts
and the scope of the milk promotion program;
c.  To formulate and execute assessment procedures, rates and methods of collection;
d.  To cause to have an annual audit of financial statements prepared and
published by certified public accountants or entities who are authorized to
engage in the practice of public accounting in Illinois;
e.  To employ personnel and contract for services which are necessary for
the proper operation of the milk promotion program;
f. To authorize the expenditure of funds and the contracting of
expenditures to conduct proper activities of the program;
g. To maintain all collected funds in milk promotion trust accounts
in adequately protected financial institutions until such due time as when
the board authorizes the use of said funds;
h. To bond the treasurer and such other persons necessary to insure
adequate protection of funds;
i. To maintain a permanent record of its business proceedings;
j. To maintain a permanent and detailed record of its financial dealings;
k. To prepare reports as set forth in Section 16;
l. To hold elections of members to the Milk Promotion Board and
subsequent referenda as required by this Act;
m. To hold meetings as necessary or as requested by producers to resolve
problems, conflicts or complaints arising from the operation of the milk
promotion program and to keep records of such proceedings as required by
subsection i of this Section; and
n. To perform such other duties which are necessary to the proper
operation for the program.
(Source: P.A. 84-830.)
(505 ILCS 95/13) (from Ch. 5, par. 1913)
Sec. 13. 
		
		For any milk promotion program approved by referendum under
this Act, the Director shall:
a.  Upon complaint or at least annually check to insure that adequate and
proper records as required by Section 12 are kept, that an activity and
annual audit summary is available to all program participants as set forth
in Section 16 and insure that a copy of the annual audit report is on file with
the Department and available for public inspection;
b.  Annually check to insure that adequate bonds are maintained in
accordance with requirements of Section 12;
c.  Coordinate administrative activities between the Milk Promotion Board
and the Department;
d.  Confer and cooperate with the legally constituted authorities of
other states and the United States; and
e. Hold administrative hearings when requested by written complaint of a
producer or the Milk Promotion Board when such problem cannot be resolved
by the procedure set forth in subsection m of Section 12.
(Source: P.A. 84-830.)
(505 ILCS 95/14) (from Ch. 5, par. 1914)
Sec. 14. 
		
		A milk promotion program shall provide
for assessments against producers of the affected commodity to defray the
cost of the activities provided for in the milk promotion program.
Assessments authorized in a milk promotion program shall be based on
quantity of commodity marketed and shall be assessed against all
affected producers.  The maximum assessment levied on the commodity of any
affected producer shall be not more than fifteen cents per hundred pounds
of milk produced and sold by that producer.  After the first 5 years the
program is in
operations, 500 producers of milk by petition, with at least 10 signers of
such petitions from each of 10
counties, may request the Milk Promotion Board to or the Board of its own
volition may
hold a referendum to
increase the assessment rate provided the rate is not at the maximum
assessment rate at the time the request for the increase is made.
Any referendum to change the assessment shall be considered approved if a
majority of those producers voting in the referendum vote in favor thereof.
The Milk Promotion Board shall require the first purchaser of milk to
withhold and remit assessments to the Milk Promotion Board.  A first
purchaser remitting the assessments for any producer shall deduct the
proper amount of assessments from any amount which he owes to such
producer.  The Milk Promotion Board shall have the power to cause any duly
authorized agent or representative to enter upon the premises of any
purchaser of milk and examine or cause to be examined by such agent only
books, papers and records which deal in any way with respect to the payment
of the assessment or enforcement of this Act.
(Source: P.A. 84-830.)
(505 ILCS 95/15) (from Ch. 5, par. 1915)
Sec. 15. 
		
		Persons who collect milk promotion program assessment funds
pursuant to Section 14 of this Act shall remit such funds to the Milk
Promotion Board which shall deposit said funds in an account to be used as
authorized by the milk promotion program.
Any due and payable assessment required under the provisions of any milk
promotion program created under this Act constitutes a personal debt of
every person so assessed or who otherwise owes such assessment.  Such
assessment is due and payable to the Milk Promotion Board not more
frequently than monthly or when stipulated in the milk promotion program
and called for by the Milk Promotion Board.  In the event any person fails
to remit the full amount of such due assessment or such other sum within 30
days after the due date, a person owing such assessment shall be given an
opportunity to present his case as provided for in Section 18 of this Act.
When established that the assessment is correct, the Milk Promotion Board
may add to such unpaid assessment or sum penalty amount not exceeding 10%
of the amount due plus all of the costs of enforcing the collection of the
assessment or sum due.  In the event of failure of such person to remit
any proper assessment or sum, the Milk Promotion Board may bring a civil
action against such person in the circuit court of the county in which such
person resides for the
collection thereof, together with the above additional specific 10% penalty
assessment, the cost of enforcing the collection of the assessment and court
costs.  Such action shall be tried and judgment rendered as in any other
cause of action for debts due and payable.  All assessments are due and
payable to the Milk Promotion Board.
(Source: P.A. 84-830.)
(505 ILCS 95/16) (from Ch. 5, par. 1916)
Sec. 16. 
		
		The Milk Promotion Board shall publish annually an activity
and financial report for such milk promotion program to be available to all
of the affected producers of the milk promotion program.  All expenditures
under each milk promotion program shall be audited at least annually by a
certified public accountant or entity authorized to engage in public
auditing in Illinois.  Within 30 days after completion of such audit, a
copy of the annual report shall be filed with the Director.
(Source: P.A. 84-830.)
(505 ILCS 95/17) (from Ch. 5, par. 1917)
Sec. 17. 
		
		Upon termination of the milk promotion program, all remaining
and unobligated funds shall be remitted to the Illinois Department of
Agriculture to be used for milk promotion development programs.
(Source: P.A. 84-830.)
(505 ILCS 95/18) (from Ch. 5, par. 1918)
Sec. 18. 
		
		No person shall knowingly fail or refuse to comply with any
requirement of this Act where obligated to comply by a duly approved milk
promotion program.  The Milk Promotion Board may institute any action which
is necessary to enforce compliance with any provision of this Act or any
milk promotion program adopted pursuant to this Act.  In addition to any
other remedy provided by law, the Milk Promotion Board may petition for
injunctive relief without being required to allege or prove the absence of
any adequate remedy of law.
Before the Milk Promotion Board may institute any proceedings under this
Act, the alleged violator shall first be given an opportunity to present his
views to the Milk Promotion Board as to why proceedings should not be
instituted.  If after the Milk Promotion Board issues its findings, the
producer who is in disagreement with the decision or the Milk Promotion
Board may request the Department to hold an administrative hearing for
determining violations of the Act or compliance with the Act and program.
The Milk Promotion Board shall submit to the Department the transcript of
its proceedings along with the copies of any documents introduced as
evidence.  The Department hearing officer's decision shall be the final
administrative decision of the Department.  Such hearings shall be subject
to the Illinois Administrative Procedure Act.
(Source: P.A. 84-830.)
(505 ILCS 95/19) (from Ch. 5, par. 1919)
Sec. 19. 
		
		A proposed amendment to an existing milk promotion program
may be requested by petition to the Milk Promotion Board by 10% of the affected
producers or by 2/3 majority vote of the Milk Promotion Board.  If any
amendment to an existing milk promotion program is proposed, the Milk Promotion Board
shall hold a public hearing to consider such amendment.  After the close of
the public hearing the Milk Promotion Board shall send
copies of its findings to all parties of record appearing at the hearing.
 If such proposed amendment is approved by the Milk Promotion Board, a
referendum may, at the Board's discretion, be held thereon in accordance
with the notice requirements
of Section 8 and subject to the same voting requirements for adoption of
the milk promotion program as set forth in Section 7.
However, if the Board does not approve an amendment proposed by
petition, a referendum shall be held thereon in accordance with the notice
requirements of Section 8 and subject to the same voting requirements for
adoption of the milk promotion program as set forth in Section 7.
(Source: P.A. 84-830.)
(505 ILCS 95/20) (from Ch. 5, par. 1920)
Sec. 20. 
		
		The operation of any milk promotion program or any part
thereof may be temporarily suspended for any reasonable cause by the Milk
Promotion Board for any period of time not to exceed one year.  Such
suspension shall not nullify the program.
(Source: P.A. 84-830.)
(505 ILCS 95/21) (from Ch. 5, par. 1921)
Sec. 21. 
		
		No person shall knowingly fail or refuse to comply with any
requirement of this Act.  The Milk Promotion Board may institute any action
which is necessary to enforce compliance with any provision of this Act and
program.  Each day's violation constitutes a separate offense.  In addition
to any other remedy provided by law, the Milk Promotion Board may petition
for injunctive relief without being required to allege or prove absence of
any adequate remedy at law.
(Source: P.A. 84-830.)