TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.10 DEFINITIONS
Section 775.10 Definitions
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.
(Source: Amended at 40 Ill.
Reg. 2964, effective January 29, 2016)
 | TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.20 INCORPORATED AND REFERENCED MATERIALS
Section 775.20 Incorporated
and Referenced Materials
a) The following regulations, guidelines and standards are
incorporated in this Part:
1) Federal government guidelines:
A) The Grade A Pasteurized Milk Ordinance (PMO), and Appendices A
through R (except Sections 16 and 17) Recommendations of the United States
Public Health Service/Food and Drug Administration, 2017 Revision (Publication
229). U.S. Department of Health and Human Services, Public Health Service,
Food and Drug Administration, Milk Safety Branch (HFS-316), 5100 Paint Branch
Parkway, College Park MD 20740-3835. In addition, the jurisdiction name, left
blank in Sections 1, 2, 3, 5, and 11 of the PMO, for the purposes of this Part,
shall mean the State of Illinois; and the regulatory agency referred to in
Section 1 shall mean the Illinois Department of Public Health. (See Section
775.30(a).)
B) Evaluation of Milk Laboratories (2017 Revision), U.S.
Department of Health and Human Services, Public Health Service/Food and Drug
Administration, Milk Safety Branch (HFS-316), 5100 Paint Branch Parkway,
College Park MD 20740-3835.
C) Methods of Making Sanitation Ratings of Milk Supplies (2017
Revision), U.S. Department of Health and Human Services, Public Health
Service/Food and Drug Administration, Milk Safety Branch (HFS-316), 5100 Paint
Branch Parkway, College Park MD 20740-3835.
D) Procedures Governing the Cooperative State-Public Health
Service/Food and Drug Administration Program of the National Conference on
Interstate Milk Shipments (2017 Revision), U.S. Department of Health and Human
Services, Public Health Service/Food and Drug Administration, Milk Safety
Branch (HFS-316), 5100 Paint Branch Parkway, College Park MD 20740-3835.
2) Private and professional standards:
A) Standard Methods for the Examination of Dairy Products (17th
Edition, 2004, American Public Health Association, 1015 – 18th
Street, N.W., Washington, DC 20036). (See Section 775.70(b).)
B) Official Methods of Analysis of the Association of Official
Analytical Chemists (18th Edition, 2010, Association of Official
Analytical Chemists, P.O. Box 540, Ben Franklin Station, Washington, DC
20044). (See Section 775.70(b).)
C) 3-A Sanitary Standards and Accepted Practices (January 5, 2015)
(3-A Standards), 3-A Sanitary Standards, Inc., 6888 Elm Street, Suite 2D,
McLean VA 22101 (http://www.3-a.org).
3) Federal regulations:
A) 21 CFR 131.110, Milk (2019). (See Section 775.10, the definition
of "milkfat and nonfat solid content standards".)
B) 21 CFR 556, Tolerances for Residues or New Animal Drugs in Food
(2019). (See Section 775.10, the definition of "violative drug
residue".)
C) 40 CFR 180, Tolerances and Exemptions from Tolerances for
Pesticide Chemicals in Food (2019). (See Section 775.140(a)(1).)
b) The following rules and statutes are referenced in this Part:
1) Illinois Plumbing Code (77 Ill. Adm. Code 890), Illinois
Department of Public Health. (See Section 775.30(c)(4).)
2) Practice and Procedure in Administrative Hearings (77 Ill.
Adm. Code 100), Illinois Department of Public Health. (See Section 775.90.)
3) Food
Service Sanitation Code (77 Ill. Adm. Code 750).
4) The Veterinary Medicine and Surgery Practice Act of 2004 [225
ILCS 115].
5) Illinois
Administrative Procedure Act [5 ILCS 100].
6) Food
Handling Regulation Enforcement Act [410 ILCS 625].
c) All incorporations by reference of federal guidelines and regulations
and the standards of professional organizations refer to the materials on the
date specified and do not include any amendments or editions subsequent to the
date specified.
d) All citations to federal regulations in this Part concern the
specified regulation in the 2019 Code of Federal Regulations, unless another
date is specified.
e) Copies of all incorporated materials are available for
inspection and copying by the public at the Department's Central Office,
Division of Food, Drugs, and Dairies, 525 West Jefferson Street, Springfield IL
62761.
(Source: Amended at 44 Ill.
Reg. 15779, effective September 1, 2020)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.30 MINIMUM REQUIREMENTS
Section 775.30 Minimum
Requirements
a) The
production, transportation, processing, handling, sampling, examination,
grading, labeling and sale of all milk and milk products; the inspection of
dairy herds, dairy farms and milk plants, receiving and transferring stations,
and cleaning and sanitizing facilities; the suspension of permits to milk
producers and haulers, shall be regulated in accordance with the provisions of the
PMO and Appendices A through R (with the exception of Sections 16 and 17) of
the PMO. (See Section 775.20.)
b) The production, handling, sale, distribution, labeling,
sampling and testing requirements and quality standards for raw milk, the
inspection of dairy farms, and the suspension, revocation and reinstatement of
permits of dairy farms shall be regulated in accordance with Sections 775.55
and 775.60.
c) The production, manufacture, packaging, labeling and sale of
all Grade A condensed milk, Grade A dry milk products, Grade A condensed whey
and Grade A dry whey, for use in the commercial preparation of Grade A
pasteurized milk products; the inspection of condensing plants and/or drying
plants; and the suspension of permits to condensing plants and/or drying
plants, shall be regulated in accordance with the provisions of the PMO and
Appendices A through R (with the exception of Sections 16 and 17 of the PMO). (See
Section 775.20.)
d) In addition to subsections (a), (b) and (c), the following
provisions shall apply:
1) In addition to Section 7, item 15p of the PMO:
A) All raw milk piping and equipment shall be completely separated
from pasteurized milk and milk product piping and equipment during processing. No
raw milk piping or fittings shall be interchanged with pasteurized milk piping
and fittings unless they have been cleaned and sanitized before use.
B) Heat-treated and pasteurized milk or milk products that are not
produced at the packaging plant, but that are to be used within a plant for
processing pasteurized milk or milk products, shall be re‑pasteurized.
C) Blending of pasteurized milk or milk products may occur downstream
from the HTST flow-diversion device only when approved by the Department in
accordance with the following specific requirements:
i) All pasteurized milk product lines, raw product lines and
cleaning lines within the milk plant shall be labeled so that the lines can be
differentiated by visual inspection. The specific configuration of the lines
must be verified by a Department on-site inspection prior to the issuance or
renewal of a permit. In addition, any segments of lines that are or can be
removed for cleaning shall be individually labeled.
ii) Cultured dairy products are exempt from this requirement.
2) In addition to complying with Section 6 of the PMO, each
approved milk plant shall retain from each processing day at least one time and
date stamped sample from each continuous processing of a specific pasteurized
fluid milk product as defined in the PMO (see Section 1 of the PMO). These
samples shall be of the pasteurized milk product itself and not of each type of
container in which the milk product is packaged. In addition, the samples
shall be retained until two days after the guaranteed sale date in accordance
with the cooling requirements of the PMO (see Section 7, Table 1 of the PMO).
3) In addition to Section 7, items 8r and 7p, of the PMO, the
Illinois Plumbing Code shall apply.
(Source: Amended at 40 Ill.
Reg. 2964, effective January 29, 2016)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.40 LOCAL GOVERNMENT IMPLEMENTATION
Section 775.40 Local
Government Implementation
If a unit of local government
with a population of 1,000,000 or more adopts its own ordinance, then the unit
of local government must comply with this Part.
(Source: Amended at 27 Ill.
Reg. 15979, effective October 1, 2003)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.50 PERMITS
Section 775.50 Permits
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 in and distribute from out-of-state milk and milk products
without first obtaining a permit from the Department. (Section 5 of the
Act)
a) The Department will grant and renew a permit for persons who
maintain, conduct, or operate a milk plant, receiving station, transfer
station, or cleaning and sanitizing facilities within the State of Illinois
upon completion of an inspection that establishes compliance with the Act and
this Part and upon payment of the fee required by Section 5.1 of the Act. Milk
plants that maintain cleaning and sanitizing facilities on the same site as the
plant do not have to obtain a separate permit for those facilities.
b) The Department will grant and renew a permit for persons who
bring into and distribute pasteurized milk or milk products from another state
that has administrative rules or requirements that provide for clean, sanitary
and safe handling and processing of pasteurized milk and milk products to
ensure protection equivalent to that provided by this Part upon receipt of an
inspection report that establishes compliance with that state's administrative
rules or requirements and upon payment of the fee required by Section 5.1 of
the Act.
c) A permit will be granted to a milk hauler-sampler when the
following conditions are met:
1) An inspection establishes that the milk hauler-sampler's
equipment is in compliance with the provisions of the Act and this Part;
2) The milk hauler-sampler has successfully completed an
examination administered by the Department; and
3) The milk hauler-sampler has paid the fee required by Section
5.1 of the Act.
d) A renewal permit will be granted to a milk hauler-sampler when
an inspection establishes that the milk hauler-sampler's equipment and sampling
procedures are in compliance with the provisions of the Act and this Part and
upon payment of the fee required by Section 5.1 of the Act.
e) Dairy Farm Permits
1) A dairy farm permit is necessary when a farm does not
presently hold a permit, when a change of ownership occurs and only the farm
owner's name was on the permit, or when a change of tenant occurs and only the
former tenant's name was on the permit.
2) A dairy farm permit will be granted to a dairy farm upon the
completion of an inspection that establishes compliance with the Act and this
Part. The inspection includes procedures for the establishment of a quality
record. The quality record is established by the results of four samples taken
at a rate of not more than two per week and on separate days within a
three-week period.
3) Beginning July 1, 2016, a dairy farm with a dairy farm permit
may sell or offer for sale for human consumption raw milk on the premises of
the dairy farm in accordance with Section 775.55.
4) Beginning July 1, 2016, it is unlawful for any person who does
not possess a dairy farm permit in accordance with Section 775.50 or a raw milk
permit in accordance with Section 775.55 to produce, process, sell, offer for
sale or distribute raw milk for human consumption.
5) Beginning
July 1, 2016, a dairy farm producing raw milk for consumption only by family
members living on the dairy farm shall be exempt from Section 775.55.
f) Certified
Pasteurizer Sealer Permits will be issued in accordance with Section 775.115.
(Source: Amended at 40 Ill.
Reg. 2964, effective January 29, 2016)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.55 RAW MILK PERMIT
Section 775.55 Raw Milk Permit
a) A raw
milk permit shall be obtained for a dairy farm to sell or distribute raw milk
on the premises of the dairy farm in accordance with Section 775.50(e)(3), (4)
and (5) and this Section. The dairy farm owner shall notify the Department
when a change of ownership occurs or when a change of tenant occurs. Dairy
farms selling or distributing raw milk will be listed on the Department website
(www.dph.illinois.gov).
1) The
Department will inspect a dairy farm for compliance with the Act and this Part
prior to issuance of a raw milk permit. Inspections will be in accordance with
subsection (e).
2) A
dairy farm participating in only raw milk sales or distribution of raw milk
shall comply with the quality count requirements and standards in subsection (f)
and Section 775.50(e)(2) prior to the issuance of the raw milk permit and at
all times.
3) The
Department will issue a distribution point permit if there is a distribution point
on the premises of the dairy farm where raw milk is being stored for sale or
distribution in compliance with the requirements of this Section and in
accordance with Section 775.50(e)(4). The distribution point shall be
accessible for inspection every three months in accordance with the PMO and
upon the Department's receiving any complaints. The storage place for raw milk
shall be protected from contamination, be kept in a sanitary manner and
maintained at a temperature of 41°F or below.
b) Sales or Distribution of
Raw Milk Procedures
1) Raw
milk shall be sold or distributed only on the premises of the dairy farm, with
or without a distribution agreement between the dairy farm and the consumer.
If the transaction is made pursuant to a distribution agreement, the dairy farm
shall keep the agreement on file and make the agreement available to the
Department upon request.
2) Raw
milk sold on the dairy farm shall not be re-sold or re-distributed.
3) Raw milk shall be
offered for sale only within five days after production.
4) Consumers
may bring their own containers for their raw milk. If the farm provides the
containers for consumer transport, the containers shall meet the requirements
of subsection (e)(2).
5) The
dairy farm owner shall have a written procedure for recalling products and
notifying consumers in accordance with the Illinois Food, Drug and Cosmetic Act.
The dairy farm owner shall maintain a log of each raw milk sale or transaction
with consumer name, address, phone number and date of sale for six months from
the date of sale. The recall procedure and raw milk sale or transaction log
shall be made available to the Department upon request in response to a
foodborne outbreak for the epidemiologic investigation.
6) The
dairy farm owner shall report foodborne illness related complaints and consumer
product complaints received to the Department at dph.dairy@illinois.gov within
5 days.
7) A
dairy farm shall not make milk products, such as, but not limited to, cheese or
yogurt, from raw milk for sale to consumers.
8) The
dairy farm shall submit to the Department, upon request, a statement of the
total gallons of raw milk sold the previous 12 months.
c) Signage and Consumer
Advisory
1) A
dairy farm that sells or distributes raw milk shall post a placard at the point
of sale or distribution that is noticeable to consumers. The placard shall
read: "Warning: Milk that is not pasteurized is sold or distributed here.
This dairy farm is not inspected routinely by the Illinois Department of Public
Health. Raw milk may contain pathogens that cause serious illness, especially
in children, the elderly, women who are pregnant and persons with weakened
immune systems." The placard shall be written in a legible font, such as
Arial, and in black ink. The size of the letters on the placard shall be no
less than 2 inches in height.
2) The
dairy farm shall provide each new consumer with Department‑approved
consumer awareness information. The Department will also post the information
on the Department website.
d) Department-approved
Labeling and Receipt Information
1) All
labeling requirements (see subsection (d)(2)) shall be affixed to the container
unless the container is provided by the consumer. If the container is provided
by the consumer, all labeling requirements shall be given to the consumer on a
product receipt.
2) The
following shall be provided to the consumer either through container labeling
or product receipt:
A) The
name, address and permit number of the permit holder and product date.
B) The
words "not pasteurized" or "unpasteurized" in addition to "raw"
preceding the name of the product;
C) The quantity of
contents;
D) The
production date and the last date the container may be offered for sale, which
shall be within five days after the production date;
E) The
type of animal preceding the term "raw milk" for example "cow
raw milk" or "goat raw milk";
F) The
statement "WARNING: This product has not been pasteurized and, therefore,
may contain pathogens that cause serious illness, especially in children, the
elderly, women who are pregnant and persons with weakened immune systems.";
and
G) Instructions
for the consumer to notify the local health department for the area in which
the consumer resides of a consumer complaint or suspected foodborne illness or
to notify the Department of a complaint of farm sanitary conditions.
e) Inspection Standards for
Permitted Dairy Farms
1) Dairy Animal
Health and Cleanliness
A) Lactating
animals that show evidence of the secretion of milk with abnormalities in one
or more udders, based upon bacteriological, chemical or physical examination,
shall be milked last or with separate equipment, and the milk shall be
discarded (not offered for sale or for human consumption).
B) Clean
bedding material shall be provided for all lactating dairy animals. The
bedding material, if used, does not contain more manure than has accumulated
since the previous milking.
C) Cow
yard and loafing areas adjacent to lactating dairy animal housing shall be
graded and drained and to minimize standing pools of water or accumulation of
organic waste. Lactating animal droppings and soiled bedding shall be removed,
or clean bedding added, at sufficiently frequent intervals to prevent soiling
of the lactating animal's udder and flanks. Manure packs shall be properly
drained and shall provide a reasonably firm footing.
D) Swine and
fowl shall be kept out of the milking area and not be housed with lactating
dairy animals.
2) Equipment
Construction and Storage
A) All
multi-use containers, utensils and equipment used in handling, storing or
transporting milk shall be made of smooth, nonabsorbent and corrosion-resistant
food-grade material. Containers, utensils and equipment shall be in good
repair. Multiple-use woven material shall not be used for straining milk. All
single-service articles shall have been manufactured, packaged, transported and
handled in a sanitary manner. Articles intended for single use shall not be
reused.
B) All
multiple-use containers, utensils and equipment that are exposed to milk or
milk products, or from which liquids may drip, drain or be drawn into milk or
milk products, shall be made of smooth, impervious, nonabsorbent, safe
materials of the following types:
i) Stainless
steel of the American Iron and Steel Institute (AISI) 300 series;
ii) Equally
corrosion-resistant non-toxic metal;
iii) Heat-resistant glass;
or
iv) Plastic
or rubber and rubber-like materials that are relatively inert, resistant to
scratching, scoring, decomposition, crazing, chipping and distortion under
normal use conditions; that are non-toxic, fat resistant, relatively
nonabsorbent, and relatively insoluble; that do not release component chemicals
or impart flavor or odor to the product; and that maintain their original
properties under repeated use conditions.
C) Milk cans shall have
umbrella lids.
D) All
containers, utensils and equipment used in handling or storing milk or transporting
milk by the consumer, unless stored in sanitizing solution, shall be stored to
assure complete drainage and shall be protected from contamination prior to
use. These requirements do not apply to containers furnished by the consumer.
E) Raw milk
being transported to a distribution point on the premises of a dairy farm shall
be transported in approved single-service containers or containers approved in
accordance with Item 12p of the PMO. The containers shall be properly cleaned
and shall be protected from contamination in a sanitary manner in accordance
with the PMO. The temperature of the product shall be maintained at 41°F or
below. The containers shall be labeled in accordance with the PMO.
F) A raw
milk dispenser used for refrigeration of bottled raw milk on the premises of
the dairy farm shall be in compliance with the 3-A standards in accordance with
PMO Item 9r and Item 11p. A household refrigerator or commercial refrigerator
is an option for refrigeration and is exempt from 3-A standards. The dairy
farm shall notify the Department before purchasing the raw milk dispenser. The
raw milk dispenser must be preapproved by the Department before being used in
compliance with 3-A standards in accordance with PMO Item 9r and Item 11p. The raw
milk dispenser shall be kept clean, shall protect the product from
contamination, and shall maintain the raw milk temperature at 41°F or below.
3) Milking
Practices
A) The
flanks, udders, bellies and tails of all lactating dairy animals shall be free
from visible dirt. The udders and teats of all lactating dairy animals shall
be clean and dry before milking. Teats shall be treated with a sanitizing
solution just prior to the time of milking and shall be dry before milking.
B) The
product contact surfaces of all multi-use containers, equipment and utensils
used in handling or storing milk shall be cleaned after each use.
C) The
product contact surfaces of all multi-use containers, equipment and utensils
used in handling or storing milk and transporting milk by the consumer shall be
sanitized before each use by:
i) Complete
immersion in hot water at a temperature of at least 77°C (170°F) for at least
five minutes; or exposure to a flow of hot water at a temperature of at least
77°C (170°F), as determined by the use of a calibrated thermometer, at the
outlet for at least five minutes; or
ii) Chemical
compounds contained in 40 CFR 180.940 shall be used in accordance with label
directions for sanitizing milk utensils, containers and equipment.
D) The
milking operator shall wash his or her hands and dry the hands on a disposable
towel prior to beginning milking.
E) Milk
shall be cooled to 45°F or below within four hours after beginning milking. If
milk is not sold or distributed to the consumer within four hours after
beginning milking, it shall be immediately cooled to 41°F or below.
F) Wet
hand milking is prohibited.
4) Milking
Environment
A) Milking
shall take place in an area with overhead protection to prevent contamination
of the raw milk; walls and floors shall be made of a smooth, easily cleanable
material, and the area shall have sufficient lighting to visually inspect
flanks, teats and equipment. This area shall be cleaned prior to milking.
When conditions warrant, the Department may approve a barn without four walls,
or a shed-type barn, provided it is kept clean and animals and fowl are
prohibited from entering the barn.
B) Milking
equipment shall be washed and sanitized using a safe, potable water supply.
C) All
milking equipment shall be stored in an enclosed room with smooth and easily
cleanable walls, or in a sealed storage vessel that protects the food contact
surfaces of the equipment. The storage room shall be maintained in a clean
state.
f) Quality Count Requirements
and Standards
1) Quality
Counts and Standards shall be performed in a certified laboratory in accordance
with Section 775.20(a)(1)(A) and (B), Section 775.100 and Appendix B of the
PMO. The results shall be sent to the Department.
2) The
samples shall be collected by a certified sampler in accordance with the Act
and this Part.
3) Sampling
and testing shall be conducted prior to issuance of a permit in accordance with
Section 775.50(e)(2) and at least four times during every six consecutive months.
A permit will not be issued until all of the following standards are met.
A) Coliform
shall be less than or equal to 10 coliforms per milliliter of raw milk.
B) Bacteria
count shall be less than 20,000 bacteria per milliliter of raw milk.
C) The milk supply shall
not contain any drug residues.
D) The
somatic cell count shall be less than or equal to 750,000 cells per milliliter
of raw cow milk or 1,000,000 cells per milliliter of raw goat milk.
E) The dairy farm water
supply shall be free of coliform bacteria.
4) In
response to a foodborne outbreak or when a high risk of infection exists, the
Department will require pathogen testing to be performed on the raw milk.
5) For
every day of a sale or distribution transaction, one raw milk sample shall be
kept a minimum of 14 days. The sample shall be stored between 32°F and 40°F in
a sanitary container, be at least 6 ounces and be labeled with the date of the
production.
g) Enforcement of Standards
and Quality Counts
1) The
Department will issue a warning when two out of the last four coliform,
bacteria or somatic cell counts are in violation of the standards established
in subsection (f)(3). The raw milk permit will be suspended when three out of
the last five coliform, bacteria or somatic cell counts are in violation of the
standards.
2) The
Department will suspend the permit when drug residues are detected in the raw
milk supply.
3) The
Department will suspend the permit when coliforms are detected in the water
supply.
4) The Department
will suspend or revoke the dairy farm permit whenever:
A) the Department has
reason to believe that a public hazard exists;
B) the
dairy farm has interfered with the Department in performance of its duties; or
C) the
dairy farm has violated any of the procedures in subsection (a) or (f)(3);
Section 775.60(a), (b), (c), (d) or (e); Section 775.80; Section 775.130; or
Section 775.150.
h) Reinstatement of Permit
The Department will reinstate the
permit
1) when an inspection of
the dairy farm does not reveal violations; and
2) when the dairy farm is
in compliance with subsection (f).
i) The
Department will conduct an inspection of the dairy farm at any time or in
response to a consumer complaint, product complaint, or reported suspected
foodborne illness pursuant to Section 775.70. The inspection may include
collection of samples and notification to consumers. The Department will
suspend sales if a confirmation test reveals the presence of a pathogen.
j) The PMO does not apply
to this Section.
(Source: Added at 40 Ill. Reg. 2964,
effective January 29, 2016)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.60 SUSPENSION OF PERMITS
Section 775.60 Suspension of
Permits
The Department will suspend
permits in accordance with the provisions of Sections 3, 5 and 6 of the PMO and
the following:
a) All suspensions, except summary suspensions, will be preceded
by the notice and opportunity for a hearing in accordance with Section 775.90.
b) All summary suspensions will be based upon violations of the
Act, the PMO or this Part that constitute a finding that the public interest,
safety or welfare imperatively requires the action in accordance with Section
10-65(d) of the Illinois Administrative Procedure Act. All summary suspensions
will be followed by notice and an opportunity for a hearing in accordance with
775.90 of this Part.
c) If a dairy farm, milk hauler-sampler, receiving and
transfering station, cleaning and sanitizing facility or milk plant receives
two suspensions in 12 months, an informal conference will be held to discuss
corrective measures. If the violations resulting in the most recent suspension
are not corrected after this conference, administrative hearing proceedings
will be initiated pursuant to Section 775.90 of this Part.
d) When successive inspections pursuant to Section 5 of the PMO
disclose violations of the same requirement that directly reflect on the health
of the public, such as unclean equipment and improper temperature requirements,
the suspension policy in Section 5 shall be enforced.
e) The suspension policies in the PMO may be waived as determined
by the inspector's professional judgment, dependent upon the amount of time
required for the permit holder to make the necessary corrections, the
reasonableness of requiring corrections prior to the next inspection, and the
potential for a health hazard created by the violation.
(Source: Amended at 37 Ill.
Reg. 7166, effective May 13, 2013)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.70 INSPECTIONS AND INVESTIGATIONS
Section 775.70 Inspections
and Investigations
a) The Department will inspect and investigate complaints
concerning dairy farms, milk plants, cleaning and sanitizing facilities,
receiving stations, transfer stations, milk hauler-samplers, or milk
tank trucks used to transport milk and milk products under its jurisdiction,
for the purpose of determining compliance with the Act and this Part.
(Section 10 of the Act)
b) When conducting inspections pursuant to Section 5 of the PMO,
the Department will use the Standard Methods for the Examination of Dairy
Products and Official Methods of Analysis of the Association of Official
Analytical Chemists. (See Section 775.20.)
c) 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 or milk tank truck
owner/operator after any inspection or investigation. (Section 10 of the Act)
(Source: Amended at 37 Ill.
Reg. 7166, effective May 13, 2013)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.80 APPROVAL OF CONSTRUCTION PLANS
Section 775.80 Approval of
Construction Plans
All plans for construction or
reconstruction, or for alterations other than those to repair or perform
maintenance on existing facilities of a dairy farm's milking facilities,
transfer stations, receiving stations, cleaning and sanitizing facilities, and
milk plants, shall be submitted to the Department for approval before work is
begun. The Department will approve plans that meet the requirements of the Act
and this Part within 30 days after submission.
(Source: Amended at 37 Ill.
Reg. 7166, effective May 13, 2013)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.90 ADMINISTRATIVE HEARINGS
Section 775.90
Administrative Hearings
All administrative hearings held
pursuant to the Act or this Part shall be conducted in accordance with the
Department's Practice and Procedure in Administrative Hearings.
(Source: Amended at 37 Ill.
Reg. 7166, effective May 13, 2013)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.100 MILK HAULER-SAMPLERS EXAMINATION
Section 775.100 Milk Hauler-Samplers
Examination
The milk hauler-samplers
examination consists of both a written and practical section. The written
section concerns the following topics: the standards for determining the
acceptability of milk, sampling procedures, measurement procedures, care of
equipment, collection procedures on the farm and information required on
"weight tickets" and "cleaning-sanitizing tags". The
practical section concerns the following topics: the proper design of
equipment for complete protection of the product, construction and repair
standards which facilitate thorough cleaning, effective bactericidal treatment
and sampling procedures. Each applicant who fails to attain a minimum 70%
passing score on the examination shall submit a new application. Examinations
shall be administered by the Department upon request.
(Source: Amended at 27 Ill.
Reg. 15979, effective October 1, 2003)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.110 MILK TANK TRUCKS
Section 775.110 Milk Tank
Trucks
a) A milk tank truck may be used only to transport the following
products that are intended for and suitable for human consumption:
1) Milk
2) Raw Milk
3) Milk Products
4) Whey and Whey Products
5) Potable Water
6) Liquid Sweeteners
7) Fruit Juices and Drinks
8) Liquified Chocolate and Cocoa Products
9) Liquid Pasteurized Eggs and Egg Products
10) Vinegar
11) Food Colorings
12) Vegetable Oils
b) A milk tank truck shall be cleaned and sanitized prior to
the introduction of the milk or milk products, according to Section
7, items 1p, 2p (climatic and operating conditions), 3p (climatic and operating
conditions) 4p, 6p, 7p, 8p, 9p, 10p, 11p, 12p, 14p, 15p, 20p, 22p and Appendix F
of the PMO. (Section 14.1(b) of the Act)
c) The owner of each milk tank truck used to haul milk
and other substances shall maintain a log for the truck. This log shall
consist of the following:
1) The date or dates of each trip taken by the milk tank
truck;
2) The name of the substance hauled by the milk tank
truck;
3) The date the milk tank truck was cleaned and
sanitized;
4) The location where the milk tank truck was cleaned
and sanitized;
5) Such other information deemed necessary by the Department
to enforce the Act.
d) The log for a milk tank truck shall be available
upon request. (Section 14.1(e) of the Act)
(Source: Amended at 37 Ill.
Reg. 7166, effective May 13, 2013)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.115 CERTIFIED PASTEURIZER SEALER PROGRAM
Section 775.115 Certified Pasteurizer Sealer Program
The Department will authorize milk plant personnel to test
and temporarily seal pasteurization equipment, provided that the conditions in
Item 16p.(D), Pasteurization Records, Equipment Tests and Examinations, 2.
Equipment Tests and Examinations, of the Pasteurized Milk Ordinance (PMO) and
the provisions of this Section are met. All milk plants with pasteurization
equipment shall have one certified pasteurizer sealer by July 1, 2015.
a) The
applicant shall contact the Department Regional Office responsible for the
oversight of the milk plant where the applicant is employed (i.e., the
appropriate Regional Office). The application for a certified pasteurizer
sealer permit shall consist of the following:
1) The name and address of
the applicant;
2) The location of the
milk plant where the applicant is employed; and
3) The
type of pasteurization equipment that the applicant is applying to be certified
to test and seal, in accordance with PMO Item 16p.(D).
b) Training, Examination
and Evaluation Procedures
1) The
certified pasteurizer sealer examination and evaluation shall consist of a
training course and both a written examination and practical evaluation of
testing and sealing pasteurization equipment as referenced in Appendix I of the
PMO.
2) Training
A) Prior
to taking the certified pasteurizer sealer written examination, the applicant
shall attend a certified pasteurizer sealer training course approved and
conducted by the Department.
B) The
training shall be a minimum of eight hours in length, including an examination.
C) The
Department will approve the training course based on the following criteria for
course content:
i) Instruction
on purpose and methodology for pasteurization equipment testing;
ii) Review
of pasteurization and PMO Appendix I;
iii) Overview
of requirements for testing of pasteurization equipment;
iv) Evaluation
of definitions of processes used in pasteurization and explanation of
components and instrumentation;
v) Analysis
of flow diagrams and discussion of safe systems operation guidelines and
importance; and
vi) Assessment
of adjustments of each access point on the pasteurization equipment.
3) Written
Examination
A) The
written examination shall be administered at the appropriate Regional Office or
at a location designated by the Department.
B) The
minimum passing score for the written examination shall be 80%. If the
applicant passes the examination, the Department will issue a training and
examination certificate enabling the applicant to then complete the practical
exam.
C) If the
applicant fails the written examination, the Department will send a letter of
failure. Once the applicant receives the letter of failure, the applicant shall
contact the appropriate Regional Office to schedule to retake the examination.
D) The
applicant shall be allowed to retake the examination twice in a six month time
period from the date of the applicant's receipt of the letter of failure. The
applicant shall not be allowed to retake the examination on the same day that
the applicant fails the examination.
4) Practical
Evaluation
A) The
practical evaluation will be administered after the applicant has completed the
Department-approved training course and passed the written examination. The
Department will provide a copy of the certified pasteurizer sealer training
course certificate and written examination to the appropriate Regional Office,
with which the applicant shall schedule the practical evaluation.
B) The
practical evaluation will be administered on the pasteurization equipment at
the milk plant where the applicant is employed and will be evaluated by the
Department.
C) The
practical evaluation will take place when the Department performs the quarterly
pasteurizer equipment checks on each pasteurization system at the milk plant or
plants where the applicant is employed.
D) The
applicant shall demonstrate proficiency in all pasteurization control test
procedures.
E) If the
applicant passes the practical evaluation, the Department will issue a
certified pasteurizer sealer permit.
F) If
the applicant fails the practical evaluation, the Department will issue a
letter of failure.
G) Once
the applicant receives the letter of failure, the applicant shall contact the
appropriate Regional Office to re-schedule a practical evaluation. The
Department shall present the letter of failure to the appropriate Regional
Office sanitarian in order to retake the practical evaluation.
H) The
applicant shall be allowed to retake the practical evaluation twice in a six
month time period from the date of the applicant's receipt of the letter of
failure.
I) If
the milk plant where the certified pasteurizer sealer is employed obtains a new
pasteurizer, the certified pasteurizer sealer must pass a practical test on
that new equipment to be approved to seal. Upon successful completion of the
practical, the new equipment will be added to the certified pasteurizer
sealer's permit.
J) The
applicant shall be required to take the practical evaluation every 12 months to
receive a renewed certified pasteurizer sealer permit.
c) Issuance of a Certified
Pasteurizer Sealer Permit
1) Thepermit
shall be valid only to the person to whom it is issued and shall not be subject
to transfer.
2) The
permit shall be issued to an applicant who has attended a minimum eight hour
training course, passed the written examination and demonstrated proficiency in
all pasteurization control test procedures.
3) The
permit will list all of the pasteurization equipment that the applicant was
certified to test and reseal.
4) The
permit will expire on December 31 of each year. For applicants who receive
their permits after September 1, the permit will expire on December 31 of the
following year.
5) The
initial permit and subsequent renewal permits will be issued upon completion of
an annual practical and payment of a $100 fee.
(Source: Added at 39 Ill.
Reg. 420, effective December 19, 2014)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.120 CLEANING AND SANITIZING PROCEDURES
Section 775.120 Cleaning and
Sanitizing Procedures
Milk tank trucks used to haul
Grade A milk and milk products must be cleaned and sanitized in accordance with
Section 7, items 10r and 11r, or item 12p and Appendix F, of the PMO. A cleaning
and sanitizing tag shall be attached to all milk tank trucks used to haul Grade
A Milk and Milk Products. In addition, the tag must reflect the name of the substance
hauled in the milk tank truck prior to being cleaned and sanitized.
(Source: Amended at 32 Ill.
Reg. 8432, effective May 21, 2008)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.130 ACTION LEVELS FOR ADDED WATER IN MILK
Section 775.130 Action Levels
for Added Water in Milk
The presence of added water in
raw or pasteurized milk constitutes adulteration. The violative level for added
water in either raw or pasteurized milk is equal to or higher than 3% when converted
from a milk cryoscope reading on the Hortvet or Centigrade scale when tested in
accordance with the Standard Methods for the Examination of Dairy Products. After
two occurrences of adulterated milk within a six-month period, the plant or
producer shall show cause and reason for the addition of water. After a third
occurrence, the Department will institute administrative proceedings to revoke
the plant or producer's permit.
(Source: Amended at 37 Ill.
Reg. 7166, effective May 13, 2013)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.140 PESTICIDE, HERBICIDE AND MYCOTOXIN RESIDUE CONTROL PROGRAM (REPEALED)
Section 775.140 Pesticide,
Herbicide and Mycotoxin Residue Control Program (Repealed)
(Source: Repealed at 37 Ill.
Reg. 7166, effective May 13, 2013)
| TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER m: FOOD, DRUGS AND COSMETICS
PART 775
GRADE A PASTEURIZED MILK AND MILK PRODUCTS
SECTION 775.150 DRUG RESIDUE CONTROL PROGRAM
Section 775.150 Drug Residue
Control Program
a) Equipment used to administer drugs and medicines shall not be
cleaned in the wash vats and shall be stored so as not to contaminate the milk
or milk contact surfaces of equipment.
b) Drugs and medicines shall be stored in such a manner that they
cannot contaminate the milk or milk product contact surface of the equipment,
containers or utensils. Such products shall be properly labeled to include:
1) The name and address of the manufacturer or distributor (for
O.T.C. medicines and drugs), or veterinary practitioner dispensing the product
(for Rx and Extra-Label use medicines and drugs);
2) Directions for use, and prescribed holding times;
3) Cautionary statements, if needed; and
4) Active ingredients in the drug product.
c) Unapproved and/or improperly labeled drugs and medicines shall
not be used to treat dairy animals and shall not be stored in the milkhouse,
milking barn, stable or parlor. Drugs and medicines intended for treatment of
non-lactating dairy animals shall be segregated from those drugs and medicines
used for lactating animals. (Separate shelves in cabinets, refrigerators, or
other storage facilities satisfy this item.)
d) Topical antiseptics, wound dressings (unless intended for
direct injection into the teat), vaccines and other biologics, and dosage form
vitamins and/or mineral products are exempt from labeling and storage
requirements except when it is determined that they are stored in such a manner
that they may contaminate the milk or milk product surfaces of containers or utensils.
e) The following describes the Department's Drug residue control
program for Grade A raw milk under Section 6 of the PMO.
1) If the analysis of a sample from a bulk milk pickup tanker or
milk received directly from the farm bulk tank shows any drug residue at or
above the tolerances and/or safe levels of drug residues as established by
Appendix N of the PMO, then the individual sample collected from each
producer's milk that was in the bulk milk pickup tanker is tested to determine
which producer or producers have created or contributed to the drug residue.
2) When the individual sample testing is complete and the tests
indicate a violative drug residue, the producer's or producers' Grade A permit
will be summarily suspended. Another sample will be taken from milk produced
after corrections have been made to determine whether this adulteration is
continual. For the third occurrence of a drug residue in any 12 month period
the Department shall initiate administrative procedures pursuant to revocation
of the producer's permit.
3) If the resample shows no violative drug residue, the suspended
Grade A permit will be conditionally reinstated for up to 30 days. The
producer and a licensed veterinarian must complete a quality assurance (QA)
program, within the 30 day conditional reinstatement of the Grade A permit.
4) When the field representative has transmitted to the
Department a copy of the quality assurance program completion certificate,
signed by the producer and a licensed veterinarian, the producer's Grade A
permit shall be fully reinstated.
f) The following describes the penalty procedures for the
Department's drug residue control program for Grade A raw milk.
1) These procedures shall be followed when individual sample
testing for drug residues has been completed, test results indicate a violative
drug residue, and the producer's or producers' Grade A permit is summarily
suspended in accordance with subsection (e) of this Section. The producer or
producers shall submit to the Department an equivalent penalty to the 96 hour
period following the violative shipment for the second and third occurrences in
any 12 month period. The equivalent penalty for the second and third
occurrences shall be $4.00 per hundred weight of the milk produced during the
96 hours following the violative shipment. The penalty shall be paid to the
Department by the first buyer of the milk, by the last day of the month
immediately following the violation. Following the third occurrence of a drug
residue violation in any 12 month period, the Department shall initiate
administrative procedures, pursuant to Section 775.90, to permanently revoke
the producer's permit.
2) The producer's Grade A permit will be conditionally reinstated
for up to 30 days when a subsequent sample of the producer's milk does not
contain a violative drug residue. The producer and a licensed veterinarian
must complete a quality assurance (QA) program within the 30 day conditional
reinstatement of the Grade A permit.
3) When the field representative has transmitted to the
Department a copy of the quality assurance program completion certificate
signed by the producer and a licensed veterinarian, the producer's Grade A
permit shall be fully reinstated.
g) All monies collected through the drug residue control program
and deposited in the Food and Drug Safety Fund will be dedicated to drug
residue prevention efforts, producer education and providing information in the
prevention of drug residues.
(Source: Amended at 27 Ill.
Reg. 15979, effective October 1, 2003)
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