Raw Milk Nation ©
STATUTES — REGULATIONS — LEGISLATION — RECENT HISTORY
The law on sales of raw milk sales is currently in a state of flux. For over 30 years the Illinois Department of Public Health (IDPH) had a policy of allowing the unlicensed sale of raw milk if the following conditions were met:
- No advertising the sale of raw milk.
- Customers must bring their own individual containers. In addition, Illinois statute allowed the on-farm sale of raw milk by licensed Grade A dairies if the milk was produced “in accordance with the Department (of Public Health) rules and regulations.”
Read Latest Post: Illinois Raw Milk Regulations Now Final
CHAPTER 410 PUBLIC HEALTH
ACT 635. Grade A Pasteurized Milk and Milk Products Act.
410 ILCS 635/8
Sec. 8. After the effective date of this Act, 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.
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.
The pasteurization requirement of 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.
410 ILCS 635/5
Sec. 5. After the effective date of this Act, it shall be unlawful for any person to establish, maintain, conduct, or operate a dairy farm, milk plant, receiving station, or transfer station processing milk or milk products, to establish and operate a cleaning and sanitizing facility or milk tank truck, to haul or sample milk, or to act as a certified pasteurizer sealer within this State, or to bring into and distribute from out-of-state milk and milk products without first obtaining a permit therefor from the Department.
NOTE: Section 775.55 covering raw milk for human consumption is to be added to the Illinois Administrative Code and other sections of Part 775 are to be revised. Click here to see proposed rules approved by the Joint Committee on Administrative Regulations (JCAR) in January 2016.
Even though dozens of unlicensed dairies had been selling raw milk, IDPH began claiming that raw milk sales were illegal until it issued regulations governing the production and sale of raw milk. Despite the legislature giving IDPH power to issue raw milk regulations over 30 years ago, the department had never done so. IDPH began the process of working on raw milk regulations back in 2012. Before becoming law, any proposed regulations must be approved by the legislature’s Joint Committee on Administrative Regulations (JCAR). In August 2015, JCAR rejected raw milk rules the department had proposed; JCAR then allowed 6 months for IDPH and parties affected to reach a compromise and return with an amended version of the rules. If a compromise had not been reached during that time, lawmaking governing raw milk sales and production would have reverted to the legislature.
— COMING SOON —
Last updated January 20th, 2016