77 Ill. Adm. Code 720.35
Certificate of Free Sale
Section 720.35Â Certificate of Free Sale
a)Â Â Â Â Â Â Â Â Requirements for
Issuance of Certificate of Free Sale
1)Â Â Â Â Â Â Â Â The
Department will approve issuance of a certificate of free sale only for items
that are from Illinois food and dairy manufacturers, processors, packers or
warehousers or an Illinois single-service plant that manufactures
single-service containers and closures and is approved for the listing of
certified single-service manufacturers in the current publication of the FDA Interstate
Milk Shippers (IMS) List.
2)
The
Department is authorized,
but is not required,
upon request, to issue
certificates of free sale to Illinois dairy, drug, cosmetic, or medical device
manufacturers, processors, packers, or warehousers
(Section 21.3 of the
Act). The Department will not approve a certificate of free sale for medical
equipment, devices, drugs, cosmetics, vitamins, and dietary supplements as
defined in the Act, even if manufactured, processed, packaged or stored in
Illinois.
3)Â Â Â Â Â Â Â Â The
Department will not issue a certificate of free sale to a business, corporation
or entity that is only headquartered in Illinois but manufactures, processes,
packs or warehouses in another state.
4)Â Â Â Â Â Â Â Â The
Department will not modify the language on the certificate of free sale from
the original wording.
5)Â Â Â Â Â Â Â Â The
certificate of free sale covers only existing conditions of the items and shall
not be interpreted as a guarantee, explicit or implied, for all items of the
company at all times in the future.
6)Â Â Â Â Â Â Â Â The
issuance of a certificate of free sale does not preclude the Department from
taking enforcement action against a food or dairy manufacturer, processor,
packer or warehouser in the future in accordance with this Part, the Act, the
Grade A Pasteurized Milk and Milk Products Act, and Grade A Pasteurized Milk
and Milk Products administrative rules, the Manufactured Dairy Products Code,
and the Manufacturing, Processing, Packing or Holding of Food Code.
b)Â Â Â Â Â Â Â Â Application Process for
the Certificate of Free Sale
1)Â Â Â Â Â Â Â Â The
applicant shall complete and submit the Department certificate of free sale
request form and payment per the instructions. The request form will be
located on the Department website (www.idph.state.il.us).
2)Â Â Â Â Â Â Â Â A
certificate of free sale will only be made available in English or Spanish. If
the applicant needs the certificate of free sale in any other language or
dialect, the applicant shall pay the cost of the Department's hiring of a
translator to create the requested foreign language certificate of free sale.
3)Â Â Â Â Â Â Â Â On
the application, the applicant shall provide the Illinois State Identification
Number or Illinois Permit Number that has been issued to the Illinois
manufacturer, processor, packer, distributor or warehouser upon inspection by
the Department.
4)Â Â Â Â Â Â Â Â Along
with the application, the applicant shall submit a fee to the Department for
the certificate of free sale. A certificate of free sale will include no more
than five items. The fee for each certificate of free sale will be $10.
5)Â Â Â Â Â Â Â Â Certificates
of free sale issued by the Department will be notarized by a certified State of
Illinois notary public. If the applicant requires a certificate of authority
for the signing notary public or requires an apostille to certify the Illinois
notary public, then the applicant shall include a cover letter with its
application stating the request and a check payable to the "Secretary of
State" in an amount in accordance with the Illinois Secretary of State
Notary Services found at http://www.cyberdriveillinois.com/departments/index/notary/home.html.