Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 775 - GRADE A PASTEURIZED MILK AND MILK PRODUCTS › Section 775.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the definitions contained in Section 1 of the
				Grade A Pasteurized Milk Ordinance (PMO), the following definitions shall
				apply:
"Act" means the Grade A Pasteurized Milk and Milk Products Act
				[410 ILCS 635 ].
"Applicant" means a person who formally applies to be a
				certified pasteurizer sealer or bulk milk hauler/sampler.
"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
this Part. (Section 3(b)(17) of the Act and Section 2.39 of the
				Illinois Food, Drug and Cosmetic Act)
"Change of ownership" means a transaction in which a new or
				different owner takes possession of a specified entity.
"Change of tenant" means a transaction in which a new or
				different tenant rents or leases a specified entity such as a dairy
				farm.
"Clarification" means an operational procedure that removes
				sediment from milk.
"Consumer" means a person or group of people, such as a
				household or those under a distribution agreement, that purchase raw milk from
				the dairy farm for consumption.
"Cultured dairy products" means milk and milk products that
				have been soured after pasteurization using harmless lactic-acid-producing
				bacteria, food grade phosphoric acid, lactic acid, citric acid or hydrochloric
				acid, with or without rennet and/or other safe, suitable milk-clotting
				enzymes.
"Dairy farm" means any place or premises where one or more
				lactating animals (cows, goats, sheep, water buffalo, or other hoofed mammal)
				are kept for milking purposes, and from which a part or all of the milk or milk
				product is provided, sold or offered for sale to a consumer, milk plant,
				receiving station or transfer station.
"Department" means the Illinois Department of Public
				Health
. (Section 3(b)(7) of the Act)
"Director" means the Director of the Illinois
				Department of Public Health.
(Section 3(b)(8) of the Act)
"Distribution agreement" means a herd share or community
				supported agriculture (CSA) program in which consumers purchase a membership
				from the dairy farm that entitles them to share the dairy farm's raw milk
				production, or a buying club in which consumers order raw milk directly from
				the farm for pick-up by the consumer on the premises of the dairy farm.
"Distribution point" means a physical location on the premises
				of a dairy farm producing raw milk where the raw milk is collected from the
				various herd sites and distributed to the consumer.
"Downstream" means located after the automatic milk flow safety
				device in a high temperature short time (HTST) flow-diversion device.
"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.
(Section 3(b)(9)
				of the Act)
"Enforcing
agency" means the Illinois
				Department of Public Health or a unit of local government electing to
				administer and enforce
the
Act as provided for in
the
Act.
(Section 3(b)(12) of the Act)
"Field representative" means a person qualified and trained in
				the sanitary methods of production and handling of milk as set forth in this
				Part, and generally employed by a processing or manufacturing plant for the
				purpose of doing quality control work.
"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. The
				term Grade A is applicable to "dairy farm", "milk hauler-sampler", "milk
				plant", "milk product", "receiving station"
,
"transfer
				station","bulk milk pickup tank", and "certified pasteurizer sealer"
whenever used in
the Act. (Section 3(a) of the Act)
"Herd share" means a consumer-signed agreement with the owner
				of the dairy farm that offers partial ownership of one or more animals,
				stipulates the expected quantity of raw milk to be received, and requires
				ongoing payment by the consumer to the farmer for boarding the animal, animals
				or herd and the service of milking for the consumer.
"High temperature short time flow-diversion device" or "HTST
				flow-diversion device" means an automatic milk-flow safety device that controls
				the flow of milk in relation to the temperature of the milk or heating medium
				and/or pressure, vacuum, or other auxiliary equipment.
"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
that should be corrected immediately to prevent
				injury and
that should not be permitted to continue while a
				hearing or other formal proceeding is being held.
(Section 3(b)(10) of
				the Act)
"Milk" means the milk of cows or goats
and includes skim milk and cream.
(Section 3(b)(2) of the
				Act)
"Milkfat and Nonfat Solid Content Standards" means the
				standards set forth in
				21 CFR
				131.110. (See Section
				775.20.)
"Milk plant" means any place, premise, or establishment
				where milk or milk products are collected, handled, processed, stored,
				pasteurized
, ultra-pasteurized,
aseptically processed
and packaged, condensed, dried,
or prepared for distribution
.
				(Section 3(b)(3) of the Act)
"Pasteurization" or "pasteurized" or similar terms mean the
				process of heating every particle of milk or milk products, in properly
				designed and operated equipment, to one of the temperatures given in the charts
				in the Pasteurized Milk Ordinance (PMO) (see Section
				775.20(a)(1)(A)
				) and held continuously at or above that temperature for at least the
				corresponding specified time.
"Permit" means a document awarded to a person for
				compliance with the provisions of and under conditions set forth in
the
Act
and this Part. (Section 3(b)(13) of the Act)
"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
. (Section 3(b)(11) of the Act)
"Quality assurance program" means the Milk and Dairy Beef
				Quality Assurance Program, Boeckman, Steve and Carlson, Keith R.,
				Agri-Education Inc., Stratford, Iowa 50249 or equivalent program as determined
				by the Department.
"Raw milk" means milk that has not been pasteurized.
"Raw milk dispenser" means equipment approved by 3-A standards
				and used to store, cool and provide a mechanism for self-service of bottled raw
				milk to the consumer. "Raw milk dispenser" does not mean household refrigerator
				or commercial refrigerator.
"Raw milk permit" means a permit that allows a dairy farm to
				sell or distribute raw milk, for use or consumption to consumers, only on the
				premises of the dairy farm where the animal, animals or herd is located.
"Receiving
station" means any place,
				premise, or establishment where raw milk is received, collected, handled,
				stored or cooled and prepared for further transporting.
(Section
				3(b)(5) of the Act)
"Separation" means an operational procedure that removes
				butterfat from milk.
"Transfer
station" means any place,
				premise, or establishment where milk or milk products are transferred directly
				from one milk tank truck to another.
(Section 3(b)(6) of the
				Act)
"Violative drug residue" means a drug residue at or above the
				tolerance and/or safe levels as set forth in 21 CFR 556 and Appendix N of the
				PMO.