Full Text of SB4237 102nd General Assembly
SB4237 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB4237 Introduced 11/14/2022, 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. Provides that, notwithstanding any provision of law to the contrary, a dairy farm may sell, distribute, or offer to sell or distribute unpasteurized milk or milk product for human use or consumption without being issued a permit to do so by the Department of Public Health if the animal that produces the milk or milk product is housed at the dairy farm. Makes a conforming change in the Illinois Food, Drug and Cosmetic 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.
After July 1, 1986, except as provided in | 8 | | subsection (b) of Section 8 of the Grade A Pasteurized Milk and | 9 | | Milk Products Act, it shall be unlawful for any person to
| 10 | | establish, maintain, conduct or operate a manufactured dairy | 11 | | farm or
manufactured
dairy plant, or to process milk for | 12 | | manufacturing purposes or manufactured
dairy products, or to | 13 | | haul or sample milk for manufacturing purposes within
this | 14 | | State, without first obtaining a permit therefor from the | 15 | | Department.
| 16 | | It shall be unlawful for any person to bring into Illinois | 17 | | or
distribute in Illinois any ice cream, ice cream mix or | 18 | | frozen desserts
produced at a plant located outside Illinois, | 19 | | unless the plant has first
obtained a permit from the | 20 | | Department.
| 21 | | The Department may prescribe and conduct examinations, a | 22 | | portion of which
may be written, to test the knowledge of bulk | 23 | | milk hauler-samplers and
certified pasteurizer sealers as a
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| 1 | | condition for awarding permits.
| 2 | | Permits issued by the Department for manufactured dairy | 3 | | plants and
certified pasteurizer sealers shall expire
on | 4 | | December 31 of each year. Permits issued to bulk milk | 5 | | hauler-samplers
shall expire on March 31 of each year.
| 6 | | It is unlawful for any person to own or
operate a bulk milk | 7 | | pickup tank without first
obtaining a permit from the | 8 | | Department. Permits issued by the Department for
bulk milk
| 9 | | pickup tanks shall have no expiration date and shall remain | 10 | | valid unless
revoked by the Department for noncompliance with | 11 | | the rules promulgated under
this Act or the bulk milk pickup | 12 | | tank is transferred or removed from
service.
| 13 | | Permits issued for manufactured dairy farms shall have no | 14 | | expiration date
and shall remain valid indefinitely unless | 15 | | revoked by the Department for
noncompliance with the rules | 16 | | promulgated under this Act or discontinuation
of the dairy | 17 | | farm operation for which a
permit was issued.
| 18 | | Applications for original permits or renewals shall be | 19 | | made on forms
furnished
by the Department. Each application | 20 | | shall contain: (1) the name and address
of the applicant or | 21 | | names and addresses of the partners if the applicant
is a | 22 | | partnership, or the names and addresses of the officers if the | 23 | | applicant
is a corporation, or the names and addresses of all | 24 | | persons having a financial
interest therein if the applicant | 25 | | is a group of individuals, association
or trust; and (2) the | 26 | | location of the manufactured dairy farm, manufactured
dairy |
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| 1 | | plant, certified pasteurizer sealer, bulk milk pickup tank, or | 2 | | bulk
milk hauler-sampler. A permit shall be valid only
in the | 3 | | hands of the person to whom it is issued and shall not be the | 4 | | subject
of sale, assignment or other transfer, voluntary or | 5 | | involuntary, nor shall
the permit be valid for any premises, | 6 | | bulk milk pickup tank, certified
pasteurizer sealer, or bulk | 7 | | milk hauler-sampler other than
the one for which it was | 8 | | originally issued.
| 9 | | The Department shall charge a fee of $100 for each permit | 10 | | issued
to a
manufactured dairy plant, $100 for each permit | 11 | | issued to an
out-of-state
ice cream, ice cream mix and frozen | 12 | | dessert plant, $25 for each
permit issued to a bulk milk
| 13 | | hauler-sampler, $25 for each permit issued for a bulk milk | 14 | | pickup tank, and
$100
for each certified pasteurizer sealer.
| 15 | | In addition to such fees, the Department shall assess a | 16 | | late fee if an
application for renewal of a permit is received | 17 | | after the expiration date
of the existing permit. The late fee | 18 | | shall be $50 for a permit issued to a
milk plant; $25 for a | 19 | | permit issued to a receiving station, transfer
station, or | 20 | | cleaning and sanitizing facility; and $15 for a permit issued
| 21 | | to a bulk milk hauler-sampler. All permit fees collected shall | 22 | | be deposited
into the
Food and Drug Safety Fund.
| 23 | | In addition to such fees, the Department may assess a | 24 | | penalty whenever
milk is adulterated with a violative drug | 25 | | residue. The penalty shall be
equivalent to the suspension of | 26 | | milk shipment for 48 hours for the first
offense and 96 hours |
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| 1 | | for the second and third offense. The Department shall
adopt | 2 | | these penalties by rule. Penalties collected by the Department | 3 | | shall be
deposited into the Food and Drug Safety Fund.
| 4 | | (Source: P.A. 88-600, eff. 9-1-94; 89-526, eff. 7-19-96.)
| 5 | | Section 10. The Grade A Pasteurized Milk and Milk Products | 6 | | Act is amended by changing Section 8 as follows:
| 7 | | (410 ILCS 635/8) (from Ch. 56 1/2, par. 2208)
| 8 | | Sec. 8. Sale or distribution of unpasteurized milk. | 9 | | (a) After the effective date of this Act, and except as | 10 | | provided in subsection (b), no person shall sell
or | 11 | | distribute, offer to sell or distribute any milk or milk | 12 | | product for
human use or consumption unless such milk or milk | 13 | | product has been pasteurized
and has been produced and | 14 | | processed in accordance with rules and regulations
promulgated | 15 | | by the Department.
| 16 | | (b) Notwithstanding any provision of law to the contrary, | 17 | | including, but not limited to, subsection (a) of this Section | 18 | | and Section 21.2 of the Illinois Food, Drug and Cosmetic Act, a | 19 | | dairy farm may sell, distribute, or offer to sell or | 20 | | distribute unpasteurized milk or milk product for human use or | 21 | | consumption without being issued a permit to do so by the | 22 | | Department if the animal that produces the milk or milk | 23 | | product is housed at the dairy farm. | 24 | | (c) In this Section, the The term "sell or distribute for |
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| 1 | | use or consumption" means to sell or distribute
to a person for | 2 | | human use or consumption and not for processing or resale in | 3 | | any form.
| 4 | | (d) The pasteurization requirement of subsection (a) this | 5 | | Section shall not be applicable
to milk produced in accordance | 6 | | with Department rules and regulations if
sold or distributed | 7 | | on the premises of the dairy farm.
| 8 | | (Source: P.A. 83-102.)
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