Illinois General Assembly - Full Text of SB0152
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Full Text of SB0152  103rd General Assembly

SB0152 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0152

 

Introduced 1/25/2023, by Sen. Neil Anderson

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 620/21.2  from Ch. 56 1/2, par. 521.2
410 ILCS 635/8  from Ch. 56 1/2, par. 2208

    Amends the Grade A Pasteurized Milk and Milk Products Act. Authorizes a dairy farm to sell, distribute, or offer to sell or distribute unpasteurized milk or milk product for human use or consumption without being issued a permit under the Act if the animal that produces the milk or milk product is housed at the dairy farm. Amends the Illinois Food, Drug and Cosmetic Act. Creates an exemption from the Act's milk manufacturing and processing facility permitting requirements for those activities that are exempt from permitting under the permitting exemption added to the Grade A Pasteurized Milk and Milk Products Act by the amendatory Act.


LRB103 25928 CPF 52279 b

 

 

A BILL FOR

 

SB0152LRB103 25928 CPF 52279 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Food, Drug and Cosmetic Act is
5amended by changing Section 21.2 as follows:
 
6    (410 ILCS 620/21.2)  (from Ch. 56 1/2, par. 521.2)
7    Sec. 21.2. Except as provided in subsection (b) of Section
88 of the Grade A Pasteurized Milk and Milk Products Act, After
9July 1, 1986, it shall be unlawful for any person to establish,
10maintain, conduct, or operate a manufactured dairy farm or
11manufactured dairy plant, or to process milk for manufacturing
12purposes or manufactured dairy products, or to haul or sample
13milk for manufacturing purposes within this State, without
14first obtaining a permit therefor from the Department.
15    It shall be unlawful for any person to bring into Illinois
16or distribute in Illinois any ice cream, ice cream mix or
17frozen desserts produced at a plant located outside Illinois,
18unless the plant has first obtained a permit from the
19Department.
20    The Department may prescribe and conduct examinations, a
21portion of which may be written, to test the knowledge of bulk
22milk hauler-samplers and certified pasteurizer sealers as a
23condition for awarding permits.

 

 

SB0152- 2 -LRB103 25928 CPF 52279 b

1    Permits issued by the Department for manufactured dairy
2plants and certified pasteurizer sealers shall expire on
3December 31 of each year. Permits issued to bulk milk
4hauler-samplers shall expire on March 31 of each year.
5    It is unlawful for any person to own or operate a bulk milk
6pickup tank without first obtaining a permit from the
7Department. Permits issued by the Department for bulk milk
8pickup tanks shall have no expiration date and shall remain
9valid unless revoked by the Department for noncompliance with
10the rules promulgated under this Act or the bulk milk pickup
11tank is transferred or removed from service.
12    Permits issued for manufactured dairy farms shall have no
13expiration date and shall remain valid indefinitely unless
14revoked by the Department for noncompliance with the rules
15promulgated under this Act or discontinuation of the dairy
16farm operation for which a permit was issued.
17    Applications for original permits or renewals shall be
18made on forms furnished by the Department. Each application
19shall contain: (1) the name and address of the applicant or
20names and addresses of the partners if the applicant is a
21partnership, or the names and addresses of the officers if the
22applicant is a corporation, or the names and addresses of all
23persons having a financial interest therein if the applicant
24is a group of individuals, association or trust; and (2) the
25location of the manufactured dairy farm, manufactured dairy
26plant, certified pasteurizer sealer, bulk milk pickup tank, or

 

 

SB0152- 3 -LRB103 25928 CPF 52279 b

1bulk milk hauler-sampler. A permit shall be valid only in the
2hands of the person to whom it is issued and shall not be the
3subject of sale, assignment or other transfer, voluntary or
4involuntary, nor shall the permit be valid for any premises,
5bulk milk pickup tank, certified pasteurizer sealer, or bulk
6milk hauler-sampler other than the one for which it was
7originally issued.
8    The Department shall charge a fee of $100 for each permit
9issued to a manufactured dairy plant, $100 for each permit
10issued to an out-of-state ice cream, ice cream mix and frozen
11dessert plant, $25 for each permit issued to a bulk milk
12hauler-sampler, $25 for each permit issued for a bulk milk
13pickup tank, and $100 for each certified pasteurizer sealer.
14    In addition to such fees, the Department shall assess a
15late fee if an application for renewal of a permit is received
16after the expiration date of the existing permit. The late fee
17shall be $50 for a permit issued to a milk plant; $25 for a
18permit issued to a receiving station, transfer station, or
19cleaning and sanitizing facility; and $15 for a permit issued
20to a bulk milk hauler-sampler. All permit fees collected shall
21be deposited into the Food and Drug Safety Fund.
22    In addition to such fees, the Department may assess a
23penalty whenever milk is adulterated with a violative drug
24residue. The penalty shall be equivalent to the suspension of
25milk shipment for 48 hours for the first offense and 96 hours
26for the second and third offense. The Department shall adopt

 

 

SB0152- 4 -LRB103 25928 CPF 52279 b

1these penalties by rule. Penalties collected by the Department
2shall be deposited into the Food and Drug Safety Fund.
3(Source: P.A. 88-600, eff. 9-1-94; 89-526, eff. 7-19-96.)
 
4    Section 10. The Grade A Pasteurized Milk and Milk Products
5Act is amended by changing Section 8 as follows:
 
6    (410 ILCS 635/8)  (from Ch. 56 1/2, par. 2208)
7    Sec. 8. Sale or distribution of unpasteurized milk.
8    (a) Except as provided in subsection (b), After the
9effective date of this Act, no person shall sell, or
10distribute, or offer to sell or distribute any milk or milk
11product for human use or consumption unless such milk or milk
12product has been pasteurized and has been produced and
13processed in accordance with rules and regulations promulgated
14by the Department.
15    (b) Notwithstanding any provision of law to the contrary,
16including, but not limited to, subsection (a) of this Section
17and Section 21.2 of the Illinois Food, Drug and Cosmetic Act, a
18dairy farm may sell, distribute, or offer to sell or
19distribute unpasteurized milk or unpasteurized milk product
20for human use or consumption without being issued a permit to
21do so by the Department if the animal that produces the milk or
22milk product is housed at the dairy farm.
23    (c) In this Section, the The term "sell or distribute for
24use or consumption" means to sell or distribute to a person for

 

 

SB0152- 5 -LRB103 25928 CPF 52279 b

1human use or consumption and not for processing or resale in
2any form.
3    (d) The pasteurization requirement of subsection (a) this
4Section shall not be applicable to milk produced in accordance
5with Department rules and regulations if sold or distributed
6on the premises of the dairy farm.
7(Source: P.A. 83-102.)