Illinois General Assembly - Illinois Compiled Statutes

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410 ILCS 620/21.2

(410 ILCS 620/21.2) (from Ch. 56 1/2, par. 521.2)

Sec. 21.2.

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.

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 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 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.)