Bill Text: IL SB0152 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB0152 Detail]

Download: Illinois-2023-SB0152-Introduced.html

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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
SB0152 LRB103 25928 CPF 52279 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 21.2 as follows:
(410 ILCS 620/21.2) (from Ch. 56 1/2, par. 521.2)
Sec. 21.2. Except as provided in subsection (b) of Section
8 of the Grade A Pasteurized Milk and Milk Products Act, After
July 1, 1986, it shall be unlawful for any person to establish,
maintain, conduct, or operate a manufactured dairy farm or
manufactured dairy plant, or to process milk for manufacturing
purposes or manufactured dairy products, or to haul or sample
milk for manufacturing purposes within this State, without
first obtaining a permit therefor from the Department.
It shall be unlawful for any person to bring into Illinois
or distribute in Illinois any ice cream, ice cream mix or
frozen desserts produced at a plant located outside Illinois,
unless the plant has first obtained a permit from the
Department.
The Department may prescribe and conduct examinations, a
portion of which may be written, to test the knowledge of bulk
milk hauler-samplers and certified pasteurizer sealers as a
condition for awarding permits.

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

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

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

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