Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 785 - MANUFACTURED DAIRY PRODUCTS › Subpart A - DEFINITIONS › Section 785.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Food, Drug and Cosmetic Act. (Ill.
				  Rev. Stat. 1991, ch. 561/2, pars. 501 et seq.) [410 ILCS 620 ]
"Acceptable Milk" means milk that qualifies under Section
				  785.210 as to
				  sight and odor and that is classified No. 1 or No. 2 for sediment content
				  Section
				  785.220
				  and No. 1 or No. 2 for bacterial estimate Section
				  785.230.
"Atmosphere Relatively Free from Mold" means no more than 10
				  mold colonies per cubic foot of air as determined in Standard Methods.
"Bulk Milk Pick-up Tanker" means a vehicle, including the
				  truck, tank and those appurtenances necessary for its use, used by a milk
				  hauler to transport bulk raw milk from a dairy farm for manufacturing
				  purposes.
"C-I-P or Cleaned-In-Place" means the procedure by which
				  sanitary pipelines or pieces of dairy equipment are mechanically cleaned in
				  place by circulation.
"Dairy Farm or Farm" means a place or premise where one or
				  more milking cows or goats are kept, a part or all of the milk produced thereon
				  being delivered, sold, or offered for sale to a plant for manufacturing
				  purposes.
"Dairy Plant or Plant" means any place, premise, or
				  establishment where milk or dairy products are received or handled for
				  processing or manufacturing and/or prepared for distribution. When "plant" is
				  used in connection with the production, transportation, grading, or use of
				  milk, it means any plant that handles or purchases milk for manufacturing
				  purposes; when used in connection with requirements for plants or licensing of
				  plants, it means only those plants that manufacture dairy products.
"Dairy Products" means evaporated milk, condensed skim milk,
				  condensed milk, concentrate milk, nonfat dry milk, dry milk, dry cream, dry
				  whey, dry buttermilk, butter, buttermilk, cheese, cheese products, ice cream,
				  ice milk, sherbet, frozen dessert, dairy confections, or novelties, related
				  dairy products (products with butter fat or milk solids substitutions or milk
				  and dairy product imitations) and other such dairy products for human
				  consumption not regulated under 77 Ill. Adm. Code 775. All dairy products shall
				  meet the applicable definitions and standards of identity as promulgated under
				  the Federal Food Drug, and Cosmetic Act and published in Chapter 1, Title 21 of
				  the Code of Federal Regulations.
"Department" means the Illinois Department of Public
				  Health.
"Drug" means: articles recognized in the official United
				  States Pharmocopeia, official Homeopathic Pharmacopeia of the United States, or
				  official National Formulary, or any supplement to any of them; articles
				  intended for use in the diagnosis, cure, mitigation, treatment, or prevention
				  of disease in man or other animals; articles (other than food) intended to
				  affect the structure or any function of the body of man or other animals; and
				  articles intended for use as a component of any article specified in this
				  definition; however, drugs do not include devices or their components, parts or
				  accessories.
"Excluded Milk" means all of a producer's milk excluded from
				  the market by the provisions of Section
				  785.260.
"Farm Licensing" means licensing by the Department that a
				  producer's herd, milking facility and housing, milking procedure, cooling,
				  milkhouse or milkroom, utensils and equipment and water supply have been found
				  to meet the requirements of Subpart C of this Part for the production of milk
				  to be used for manufacturing purposes.
"Field Representative" means a person qualified and trained
				  in the sanitary methods of production and handling of milk as set forth herein,
				  and generally employed by a processing or manufacturing plant for the purpose
				  of doing quality control work.
"Inspector" means a qualified, trained person employed by the
				  Illinois Department of Public Health to perform dairy farm or plant
				  inspections, raw milk grading, and sampling processed dairy products.
"Laboratory" means the official laboratory operated by the
				  Department and State approved laboratories authorized to do official work by
				  the Department, or a milk industry laboratory designated by the Department for
				  the examination of dairy farm producers samples of raw milk for processing and
				  commingled milk tank truck samples of raw milk for drug, pesticide, herbicide,
				  and mycotoxin residues and bacterial tests.
"License" means a license issued under the Act by the
				  Illinois Department of Public Health.
"Milk": Milk is the lacteal secretion, free from colostrum,
				  obtained by the complete milking of one or more healthy cows. Goat milk is the
				  lacteal secretion, free from colostrum, obtained by the complete milking of one
				  or more healthy goats. Goat milk shall only be used to manufacture dairy
				  products when legally provided for in the Code of Federal Regulations Title 21,
				  traditional products using common or usual names. The word "milk" used herein
				  includes only milk for manufacturing purposes.
"Milk for Manufacturing Purposes" means milk produced for
				  processing and manufacturing into products for human consumption but not
				  subject to Grade A requirements.
"Milk Hauler-Sampler" means a person licensed by the
				  Department as described in Section
				  785.1170(b)
				  who is qualified and trained for the grading and sampling of raw milk in
				  accordance with the quality standards and procedures of Subparts B and
				  K.
"Official Methods" means 15th
				  edition of Official Methods of Analysis of the Association of Official
				  Analytical Chemists, a publication of the Association of Official Analytical
				  Chemists, Box 540, Benjamin Franklin Station, Washington, DC.
"Probational Milk" means milk classified No. 3 for sediment
				  content Section
				  785.220
				  or milk classified "Undergrade" for bacterial estimate Section
				  785.230
				  that may be accepted by plants for specific time periods.
"Producer" means the person or persons who exercise control
				  over the production of the milk delivered to a processing plant or receiving
				  station and those who receive payment for this product. A "new producer" is one
				  who has only recently started producing milk for the market. A "transfer
				  producer" is one who has been shipping milk to one plant and transfers his
				  shipments to another plant.
"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 as determined by the
				  Department.
"Reciprocity" means milk, cream, and dairy products from
				  outside the State of Illinois may be sold in the State of Illinois upon
				  certification from the state of origin in which the product is produced,
				  processed, packaged, and stored under regulations which are equivalent to the
				  rules of this Part and provided further that the governmental unit concerned
				  accepts Illinois dairy products on a reciprocity basis.
"Reject Milk" means milk that does not qualify under Section
				  785.210 as to
				  sight and odor, or that is classified No. 4 for sediment content Section
				  785.220, which is rejected by the plant by the provisions of Section
				  785.240.
"Sanitary conditions" and "sanitary manner" means under
				  circumstances or prepared in such a manner as to be clean and free from
				  contamination.
"Sanitizing Treatment" means application of any effective
				  method or sanitizing agent to a clean surface for the destruction of pathogens
				  and other organisms. The sanitizing agents used shall comply with the Federal
				  Food, Drug, and Cosmetic Act 40 C.F.R. Parts 150 - 189, Section
				  162.3(ff)(2)(i)(B).
"Standard Methods" means the 15th
				  Edition of Standard Methods for the Examination of Dairy Products, a
				  publication of the American Public Health Association, 1015 -
				  15th, N.W., Washington, D.C. 20036.
"Violative drug residue" means a drug residue at or above the
				  tolerance level set forth in 21 CFR 556(1991) and/or safe levels as established
				  by the federal Food and Drug Administrative for drugs for which tolerance
				  levels have not been set.
"3-A Sanitary Standards" means the standards for dairy
				  equipment formulated by the 3-A Sanitary Standards Committees representing the
				  International Association of Milk, Food and Environmental Sanitarians, the U.S.
				  Public Health Service, and the Dairy Industry Committee. Published by the
				  International Association of Milk, Food and Environmental Sanitarians, Box 701
				  Ames, Iowa 50010.