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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Food, Drug and Cosmetic Act is | 5 | | amended 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 | 8 | | 8 of the Grade A Pasteurized Milk and Milk Products Act, After | 9 | | July 1, 1986, it shall be unlawful for any person to
establish, | 10 | | maintain, conduct , or operate a manufactured dairy farm or
| 11 | | manufactured
dairy plant, or to process milk for manufacturing | 12 | | purposes or manufactured
dairy products, or to haul or sample | 13 | | milk for manufacturing purposes within
this State, without | 14 | | first obtaining a permit therefor from the Department.
| 15 | | It shall be unlawful for any person to bring into Illinois | 16 | | or
distribute in Illinois any ice cream, ice cream mix or | 17 | | frozen desserts
produced at a plant located outside Illinois, | 18 | | unless the plant has first
obtained a permit from the | 19 | | Department.
| 20 | | The Department may prescribe and conduct examinations, a | 21 | | portion of which
may be written, to test the knowledge of bulk | 22 | | milk hauler-samplers and
certified pasteurizer sealers as a
| 23 | | condition for awarding permits.
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| 1 | | Permits issued by the Department for manufactured dairy | 2 | | plants and
certified pasteurizer sealers shall expire
on | 3 | | December 31 of each year. Permits issued to bulk milk | 4 | | hauler-samplers
shall expire on March 31 of each year.
| 5 | | It is unlawful for any person to own or
operate a bulk milk | 6 | | pickup tank without first
obtaining a permit from the | 7 | | Department. Permits issued by the Department for
bulk milk
| 8 | | pickup tanks shall have no expiration date and shall remain | 9 | | valid unless
revoked by the Department for noncompliance with | 10 | | the rules promulgated under
this Act or the bulk milk pickup | 11 | | tank is transferred or removed from
service.
| 12 | | Permits issued for manufactured dairy farms shall have no | 13 | | expiration date
and shall remain valid indefinitely unless | 14 | | revoked by the Department for
noncompliance with the rules | 15 | | promulgated under this Act or discontinuation
of the dairy | 16 | | farm operation for which a
permit was issued.
| 17 | | Applications for original permits or renewals shall be | 18 | | made on forms
furnished
by the Department. Each application | 19 | | shall contain: (1) the name and address
of the applicant or | 20 | | names and addresses of the partners if the applicant
is a | 21 | | partnership, or the names and addresses of the officers if the | 22 | | applicant
is a corporation, or the names and addresses of all | 23 | | persons having a financial
interest therein if the applicant | 24 | | is a group of individuals, association
or trust; and (2) the | 25 | | location of the manufactured dairy farm, manufactured
dairy | 26 | | plant, certified pasteurizer sealer, bulk milk pickup tank, or |
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| 1 | | bulk
milk hauler-sampler. A permit shall be valid only
in the | 2 | | hands of the person to whom it is issued and shall not be the | 3 | | subject
of sale, assignment or other transfer, voluntary or | 4 | | involuntary, nor shall
the permit be valid for any premises, | 5 | | bulk milk pickup tank, certified
pasteurizer sealer, or bulk | 6 | | milk hauler-sampler other than
the one for which it was | 7 | | originally issued.
| 8 | | The Department shall charge a fee of $100 for each permit | 9 | | issued
to a
manufactured dairy plant, $100 for each permit | 10 | | issued to an
out-of-state
ice cream, ice cream mix and frozen | 11 | | dessert plant, $25 for each
permit issued to a bulk milk
| 12 | | hauler-sampler, $25 for each permit issued for a bulk milk | 13 | | pickup tank, and
$100
for each certified pasteurizer sealer.
| 14 | | In addition to such fees, the Department shall assess a | 15 | | late fee if an
application for renewal of a permit is received | 16 | | after the expiration date
of the existing permit. The late fee | 17 | | shall be $50 for a permit issued to a
milk plant; $25 for a | 18 | | permit issued to a receiving station, transfer
station, or | 19 | | cleaning and sanitizing facility; and $15 for a permit issued
| 20 | | to a bulk milk hauler-sampler. All permit fees collected shall | 21 | | be deposited
into the
Food and Drug Safety Fund.
| 22 | | In addition to such fees, the Department may assess a | 23 | | penalty whenever
milk is adulterated with a violative drug | 24 | | residue. The penalty shall be
equivalent to the suspension of | 25 | | milk shipment for 48 hours for the first
offense and 96 hours | 26 | | for the second and third offense. The Department shall
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| 1 | | these penalties by rule. Penalties collected by the Department | 2 | | shall 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 | 5 | | Act 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 | 9 | | effective date of this Act, no person shall sell ,
or | 10 | | distribute, or offer to sell or distribute any milk or milk | 11 | | product for
human use or consumption unless such milk or milk | 12 | | product has been pasteurized
and has been produced and | 13 | | processed in accordance with rules and regulations
promulgated | 14 | | by the Department.
| 15 | | (b) Notwithstanding any provision of law to the contrary, | 16 | | including, but not limited to, subsection (a) of this Section | 17 | | and Section 21.2 of the Illinois Food, Drug and Cosmetic Act, a | 18 | | dairy farm may sell, distribute, or offer to sell or | 19 | | distribute unpasteurized milk or unpasteurized milk product | 20 | | for human use or consumption without being issued a permit to | 21 | | do so by the Department if the animal that produces the milk or | 22 | | milk product is housed at the dairy farm. | 23 | | (c) In this Section, the The term "sell or distribute for | 24 | | use or consumption" means to sell or distribute
to a person for |
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| 1 | | human use or consumption and not for processing or resale in | 2 | | any form.
| 3 | | (d) The pasteurization requirement of subsection (a) this | 4 | | Section shall not be applicable
to milk produced in accordance | 5 | | with Department rules and regulations if
sold or distributed | 6 | | on the premises of the dairy farm.
| 7 | | (Source: P.A. 83-102.)
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