Public Act 098-0958
 
SB3157 EnrolledLRB098 16192 RPM 55436 b


  
    AN ACT concerning public health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Grade A Pasteurized Milk and Milk Products 
Act is amended  by changing Sections 3 and 10 as follows:
 



    (410 ILCS 635/3)  (from Ch. 56 1/2, par. 2203)



    Sec. 3. Definitions. 

    (a) As used in this Act "Grade A" means that milk and milk

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

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.

    (b) Unless the context clearly indicates otherwise, terms 
have the meaning
ascribed as follows:


        (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 
    station, or
receiving station.


        (2) "Milk" means the milk of cows, or goats, sheep, 
    water buffalo, or other hooved mammals and includes skim 
    milk and
cream.


        (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.


        (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,

    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

    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.


        (5) "Receiving station" means any place, premise, or 
    establishment
where
raw milk is received, collected, 
    handled, stored or cooled and prepared
for further 
    transporting.


        (6) "Transfer station" means any place, premise, or 
    establishment where
milk or milk products are transferred 
    directly from one milk tank truck to
another.


        (7) "Department" means the Illinois Department of 
    Public Health.


        (8) "Director" means the Director of the Illinois 
    Department of Public
Health.


        (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.


        (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.


        (11) "Person" means any individual, group of 
    individuals, association,
trust, partnership, corporation, 
    person doing business under an assumed
name, the State of 
    Illinois, or any political subdivision or department

    thereof, or any other entity.


        (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.


        (13) "Permit" means a document awarded to a person for 
    compliance with
the provisions of and under conditions set 
    forth in this Act.


        (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.


        (15) (Blank). "Cleaning and sanitizing facility" means 
    any place, premise or
establishment where milk tank trucks 
    are cleaned and sanitized.


        (16) (Blank). "Milk tank truck" includes both a bulk 
    pickup tank and a milk
transport tank.


            (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.


            (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 
        station, receiving
station, or milk plant to another 
        transfer station,
receiving station, or milk plant.


        (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.

(Source: P.A. 97-135, eff. 7-14-11.)

 



    (410 ILCS 635/10)  (from Ch. 56 1/2, par. 2210)



    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

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.

    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 
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.

    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.

(Source: P.A. 92-216, eff. 1-1-02.)