77 Ill. Adm. Code 785.110
Definitions
Section 785
Section 785.110Â Definitions
"Act" means the Illinois Food, Drug and Cosmetic Act. (Ill.
Rev. Stat. 1991, ch. 56½, pars. 501 et seq.) [410 ILCS 620]
"Acceptable Milk" means milk that qualifies under Section
785.210 as to sight and odor and that is classified No. 1 or No. 2 for sediment
content Section 785.220 and No. 1 or No. 2 for bacterial estimate Section
785.230.
"Atmosphere Relatively Free from Mold" means no more than 10
mold colonies per cubic foot of air as determined in Standard Methods.
"Bulk Milk Pick-up Tanker" means a vehicle, including the
truck, tank and those appurtenances necessary for its use, used by a milk
hauler to transport bulk raw milk from a dairy farm for manufacturing purposes.
"C-I-P or Cleaned-In-Place" means the procedure by which
sanitary pipelines or pieces of dairy equipment are mechanically cleaned in
place by circulation.
"Dairy Farm or Farm" means a place or premise where one or more
milking cows or goats are kept, a part or all of the milk produced thereon
being delivered, sold, or offered for sale to a plant for manufacturing
purposes.
"Dairy Plant or Plant" means any place, premise, or
establishment where milk or dairy products are received or handled for
processing or manufacturing and/or prepared for distribution. When
"plant" is used in connection with the production, transportation,
grading, or use of milk, it means any plant that handles or purchases milk for
manufacturing purposes; when used in connection with requirements for plants or
licensing of plants, it means only those plants that manufacture dairy
products.
"Dairy Products" means evaporated milk, condensed skim milk,
condensed milk, concentrate milk, nonfat dry milk, dry milk, dry cream, dry
whey, dry buttermilk, butter, buttermilk, cheese, cheese products, ice cream,
ice milk, sherbet, frozen dessert, dairy confections, or novelties, related
dairy products (products with butter fat or milk solids substitutions or milk
and dairy product imitations) and other such dairy products for human
consumption not regulated under 77 Ill. Adm. Code 775. All dairy products
shall meet the applicable definitions and standards of identity as promulgated
under the Federal Food Drug, and Cosmetic Act and published in Chapter 1, Title
21 of the Code of Federal Regulations.
"Department" means the Illinois Department of Public Health.
"Drug" means: articles recognized in the official United States
Pharmocopeia, official Homeopathic Pharmacopeia of the United States, or
official National Formulary, or any supplement to any of them; articles
intended for use in the diagnosis, cure, mitigation, treatment, or prevention
of disease in man or other animals; articles (other than food) intended to
affect the structure or any function of the body of man or other animals; and
articles intended for use as a component of any article specified in this
definition; however, drugs do not include devices or their components, parts or
accessories.
"Excluded Milk" means all of a producer's milk excluded from
the market by the provisions of Section 785.260.
"Farm Licensing" means licensing by the Department that a
producer's herd, milking facility and housing, milking procedure, cooling,
milkhouse or milkroom, utensils and equipment and water supply have been found
to meet the requirements of Subpart C of this Part for the production of milk
to be used for manufacturing purposes.
"Field Representative" means a person qualified and trained in
the sanitary methods of production and handling of milk as set forth herein,
and generally employed by a processing or manufacturing plant for the purpose
of doing quality control work.
"Inspector" means a qualified, trained person employed by the
Illinois Department of Public Health to perform dairy farm or plant
inspections, raw milk grading, and sampling processed dairy products.
"Laboratory" means the official laboratory operated by the Department
and State approved laboratories authorized to do official work by the
Department, or a milk industry laboratory designated by the Department for the
examination of dairy farm producers samples of raw milk for processing and
commingled milk tank truck samples of raw milk for drug, pesticide, herbicide,
and mycotoxin residues and bacterial tests.
"License" means a license issued under the Act by the Illinois
Department of Public Health.
"Milk":Â Milk is the lacteal secretion, free from colostrum,
obtained by the complete milking of one or more healthy cows. Goat milk is the
lacteal secretion, free from colostrum, obtained by the complete milking of one
or more healthy goats. Goat milk shall only be used to manufacture dairy
products when legally provided for in the Code of Federal Regulations Title 21,
traditional products using common or usual names. The word "milk"
used herein includes only milk for manufacturing purposes.
"Milk for Manufacturing Purposes" means milk produced for
processing and manufacturing into products for human consumption but not
subject to Grade A requirements.
"Milk Hauler-Sampler" means a person licensed by the Department
as described in Section 785.1170(b) who is qualified and trained for the
grading and sampling of raw milk in accordance with the quality standards and
procedures of Subparts B and K.
"Official Methods" means 15
th
edition of Official
Methods of Analysis of the Association of Official Analytical Chemists, a
publication of the Association of Official Analytical Chemists, Box 540,
Benjamin Franklin Station, Washington, DC.
"Probational Milk" means milk classified No. 3 for sediment
content Section 785.220 or milk classified "Undergrade" for bacterial
estimate Section 785.230 that may be accepted by plants for specific time
periods.
"Producer" means the person or persons who exercise control
over the production of the milk delivered to a processing plant or receiving
station and those who receive payment for this product. A "new
producer" is one who has only recently started producing milk for the
market. A "transfer producer" is one who has been shipping milk to
one plant and transfers his shipments to another plant.
"Quality Assurance Program" means the Milk and Dairy Beef
Quality Assurance Program, Boeckman, Steve and Carlson, Keith R.,
Agri-Education Inc., Stratford, Iowa 50249 or equivalent as determined by the
Department.
"Reciprocity" means milk, cream, and dairy products from
outside the State of Illinois may be sold in the State of Illinois upon
certification from the state of origin in which the product is produced,
processed, packaged, and stored under regulations which are equivalent to the
rules of this Part and provided further that the governmental unit concerned
accepts Illinois dairy products on a reciprocity basis.
"Reject Milk" means milk that does not qualify under Section
785.210 as to sight and odor, or that is classified No. 4 for sediment content
Section 785.220, which is rejected by the plant by the provisions of Section
785.240.
"Sanitary conditions" and "sanitary manner" means
under circumstances or prepared in such a manner as to be clean and free from
contamination.
"Sanitizing Treatment" means application of any effective
method or sanitizing agent to a clean surface for the destruction of pathogens
and other organisms. The sanitizing agents used shall comply with the Federal
Food, Drug, and Cosmetic Act 40 C.F.R. Parts 150-189, Section
162.3(ff)(2)(i)(B).
"Standard Methods" means the 15
th
Edition of
Standard Methods for the Examination of Dairy Products, a publication of the
American Public Health Association, 1015 – 15
th
, N.W., Washington,
D.C. 20036.
"Violative drug residue" means a drug residue at or above the
tolerance level set forth in 21 CFR 556 (1991) and/or safe levels as
established by the federal Food and Drug Administrative for drugs for which
tolerance levels have not been set.
"3-A Sanitary Standards" means the standards for dairy
equipment formulated by the 3-A Sanitary Standards Committees representing the
International Association of Milk, Food and Environmental Sanitarians, the U.S.
Public Health Service, and the Dairy Industry Committee. Published by the
International Association of Milk, Food and Environmental Sanitarians, Box 701
Ames, Iowa 50010.