Public Act 098-0958
 
SB3157 EnrolledLRB098 16192 RPM 55436 b

    AN ACT concerning public health.
 
    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 3 and 10 as follows:
 
    (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). "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, sheep,
    water buffalo, or other hooved mammals and includes skim
    milk and cream.
        (3) (Blank). "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) (Blank). "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) (Blank). "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) (Blank). "Cleaning and sanitizing facility" means
    any place, premise or establishment where milk tank trucks
    are cleaned and sanitized.
        (16) (Blank). "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. 97-135, eff. 7-14-11.)
 
    (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. 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, or certified pasteurizer sealer.
(Source: P.A. 92-216, eff. 1-1-02.)