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| Public Act 098-0958
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| SB3157 Enrolled | LRB098 16192 RPM 55436 b |
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AN ACT concerning public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Grade A Pasteurized Milk and Milk Products |
Act is amended by changing Sections 3 and 10 as follows:
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(410 ILCS 635/3) (from Ch. 56 1/2, par. 2203)
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Sec. 3. Definitions.
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(a) As used in this Act "Grade A" means that milk and milk
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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
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States Public Health Service - Food and Drug Administration and |
all other applicable federal regulations. The term Grade A is |
applicable to "dairy
farm", "milk hauler-sampler", "milk |
plant", "milk product",
"receiving station", "transfer |
station", "milk tank truck",
and "certified pasteurizer |
sealer" whenever used in this Act.
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(b) Unless the context clearly indicates otherwise, terms |
have the meaning
ascribed as follows:
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(1) (Blank). "Dairy farm" means any place or premise |
where one or more cows or
goats
are kept, and from which a |
part or all of the milk or milk products are
provided, |
sold, or offered for sale to a milk plant, transfer |
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station, or
receiving station.
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(2) "Milk" means the milk of cows, or goats, sheep, |
water buffalo, or other hooved mammals and includes skim |
milk and
cream.
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(3) (Blank). "Milk plant" means any place, premise, or |
establishment where milk
or milk products are collected, |
handled, processed, stored, pasteurized,
aseptically |
processed, bottled, or prepared for distribution.
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(4) (Blank). "Milk product" means any product |
including cream, light cream, light
whipping cream, heavy |
cream, heavy whipping cream, whipped cream, whipped
light |
cream, sour cream, acidified light cream, cultured sour |
cream,
half-and-half,
sour half-and-half, acidified sour |
half-and-half, cultured half-and-half,
reconstituted or |
recombined milk and milk products, concentrated milk,
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concentrated
milk products, skim milk, lowfat milk, frozen |
milk concentrate, eggnog,
buttermilk, cultured milk, |
cultured lowfat milk or skim milk, cottage cheese,
yogurt, |
lowfat yogurt, nonfat yogurt, acidified milk, acidified
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lowfat milk or skim milk, low-sodium milk, low-sodium |
lowfat milk, low-sodium
skim milk, lactose-reduced milk, |
lactose-reduced lowfat milk, lactose-reduced
skim milk, |
aseptically processed and packaged milk and milk products, |
and
milk, lowfat milk or skim milk with added safe and |
suitable microbial
organisms.
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(5) "Receiving station" means any place, premise, or |
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establishment
where
raw milk is received, collected, |
handled, stored or cooled and prepared
for further |
transporting.
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(6) "Transfer station" means any place, premise, or |
establishment where
milk or milk products are transferred |
directly from one milk tank truck to
another.
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(7) "Department" means the Illinois Department of |
Public Health.
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(8) "Director" means the Director of the Illinois |
Department of Public
Health.
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(9) "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.
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(10) "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 (1) that should be |
corrected immediately to prevent
injury and (2) that should |
not be permitted to continue while a hearing
or other |
formal proceeding is being held.
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(11) "Person" means any individual, group of |
individuals, association,
trust, partnership, corporation, |
person doing business under an assumed
name, the State of |
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Illinois, or any political subdivision or department
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thereof, or any other entity.
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(12) "Enforcing agency" means the Illinois Department |
of Public
Health or a
unit of local government electing to |
administer and enforce this Act as
provided for in this |
Act.
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(13) "Permit" means a document awarded to a person for |
compliance with
the provisions of and under conditions set |
forth in this Act.
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(14) (Blank). "Milk hauler-sampler" means a person who |
is qualified
and trained for the grading and sampling of |
raw milk in accordance with federal
and State quality |
standards and procedures.
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(15) (Blank). "Cleaning and sanitizing facility" means |
any place, premise or
establishment where milk tank trucks |
are cleaned and sanitized.
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(16) (Blank). "Milk tank truck" includes both a bulk |
pickup tank and a milk
transport tank.
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(A) "Bulk milk pickup tank" means the tank, and |
those appurtenances
necessary for its use, used by a |
milk hauler-sampler to transport bulk raw milk
for |
pasteurization from a dairy farm to a milk plant, |
receiving station, or
transfer station.
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(B) "Milk transport tank" means a vehicle, |
including the
truck and tank, used by a milk hauler to |
transport bulk
shipments of milk from a transfer |
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station, receiving
station, or milk plant to another |
transfer station,
receiving station, or milk plant.
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(17) "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 rules
adopted |
by the Department.
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(Source: P.A. 97-135, eff. 7-14-11.)
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(410 ILCS 635/10) (from Ch. 56 1/2, par. 2210)
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Sec. 10.
After proper identification, authorized |
representatives of
the enforcing agency are authorized and |
shall have the power to enter, at
reasonable times, all dairy |
farms, milk plants, cleaning and sanitizing
facilities, |
receiving stations, transfer stations, or vehicles used to
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transport milk and milk products under its jurisdiction, for |
the purpose of
inspecting, sampling, and investigating |
conditions relating to the
enforcement of this Act and the |
rules and regulations promulgated hereunder.
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The enforcing agency has the responsibility to prevent the |
distribution of adulterated milk and milk products and to |
inform the public of adulterated milk and milk products already |
in commerce. In response to a confirmed foodborne outbreak or |
when a high risk of infection exists, the enforcing agency |
shall require pathogen testing to be performed on the |
implicated milk and milk products. At least 4 times during |
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every 6-month period, representatives of the
enforcing agency |
shall collect samples of milk from each milk plant for
testing |
in accordance with the rules adopted under this Act and the |
Grade A Pasteurized Milk Ordinance. Examination standards and |
enforcement thereof shall be in accordance with the rules |
adopted under this Act and the Grade A Pasteurized Milk |
Ordinance. The samples shall be tested for salmonella. If a |
product tests
unsatisfactorily, two more samples, each |
obtained on separate days, shall be
tested; if the average of |
the 3 test results fails to meet the enforcing
agency's |
standards, the milk plant shall be in violation of this Act.
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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, milk tank |
truck,
or certified pasteurizer sealer.
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(Source: P.A. 92-216, eff. 1-1-02.)
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