SB4237 102ND GENERAL ASSEMBLY

LRB102 29315 CPF 41292 b

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

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.

A BILL FOR

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. After July 1, 1986, except as provided in subsection (b) of Section 8 of the Grade A Pasteurized Milk and Milk Products Act, 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.)

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) After the effective date of this Act, and except as provided in subsection (b), no person shall sell or distribute, 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 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 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.)