Illinois Administrative Code

Section 720.35 Certificate of Free Sale a) Requirements for Issuance of Certificate of Free Sale 1) 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 Illi…

Section 720.40 Food a) Food: Labeling; Misbranding. 1) Among representations in the labeling of a food which renders such food misbranded is a false or misleading representation with respect to another food or a drug, device or cosmetic. 2) The labeling of a food which contains t…

Section 720.50 Drugs and Devices a) Drugs: Name. The name by which a drug is designated shall be clearly distinguishing and differentiating from any name recognized in an official compendium unless such drug complies in identity with the identity prescribed in an official compend…

Section 720.60 Cosmetics a) Cosmetic: Labeling; Misbranding. Among representations in labeling of a cosmetic which render such cosmetic misbranded is a false or misleading representation with respect to another cosmetic or a food, drug or device. b) The labeling of a cosmetic whi…

Section 725.10 Scope The Illinois Department of Public Health hereby finds and declares that uniform Statewide salvage rules are needed to regulate all food, alcoholic liquors, drugs, medical devices and cosmetics salvage processing plants and distributors conducting business wit…

Section 725.15 Incorporated Materials The following materials are incorporated or referenced in this Part: a) Federal Laws and Rules 1) The Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.); 2) The Federal Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.); 3) 21 …

Section 725.20 Definitions The definitions and interpretations contained in Section 201 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), 21 CFR 105, the Illinois Food, Drug and Cosmetic Act (Ill. Rev. Stat. 1987, ch. 56½, pars. 501 et seq.), and Section 401 of …

Section 725.30 License Requirement A separate license shall be required for each location of a salvage distributor and salvage processing plant. Licenses will be issued in accordance with Section 2 of the Act.

Section 725.40 Contamination Protection, Handling and Movement of Distressed Merchandise All salvageable and salvaged merchandise, while being stored or procesed at a salvage processing plant, or during transportation, shall be protected from contamination or adulteration. All fo…

Section 725.41 Segregration of Merchandise All salvageable merchandise shall be promptly sorted and segregated from non-salvageable merchandise to prevent further contamination of merchandise to be salvaged or offered for sale or distribution.

Section 725.42 Transporting of Distressed Merchandise Merchandise distressed within Illinois shall be moved under Department seal from the site of a fire, flood, sewer backup, wreck or other cause as expeditiously as possible so as not to become putrid, rodent or insect harborage…

Section 725.43 Handling of Non-Human Food, Drug or Medical Device Distressed Articles If distressed articles other than human food, drugs or medical devices are salvaged, they shall be handled in rooms or solid partitioned areas separate from those in which foods, drugs or medica…

Section 725.44 Cross-Contamination Protection Precautions shall be taken to prevent cross-contamination (animal feed to human food, etc.) among the various types of merchandise which are salvageable or salvaged. Precautionary measures which may prevent cross-contamination include…

Section 725.50 Reconditioning and Labeling of Distressed Merchandise a) All salvageable merchandise shall be reconditioned prior to sale or distribution except for such sale or distribution to a person holding a valid license pursuant to Section 725.30 to engaged in a salvage ope…

Section 725.51 Relabeling All salvageable merchandise shall be labeled, at a minimum, with the word "salvaged" and shall indicate on the label the date of salvaging. All salvaged merchandise is to be provided with labels meeting the requirements of the Illinois Food, Drug and Cos…

Section 725.60 Distribution of Non-Salvageable Merchandise Non-salvageable merchandise shall not be sold or distributed as food, alcoholic liquors, drugs, medical devices or cosmetics, but shall be disposed of in a landfill operated in compliance with the requirements of the Envi…

Section 725.70 Returned Drug Products Returned drug products shall be identified as such. If the conditions under which returned drug products have been held, stored, or shipped before or during their return, of if the condition of the drug products, its container, carton, or lab…

Section 725.71 Drug Product Salvaging Drug products that have been subjected to improper storage conditions including extremes in temperature, humidity, smoke, fumes, pressure, age, or radiation due to natural disasters, fires, accidents, or equipment failures shall not be salvag…

Section 725.80 Records Required Whenever articles of damaged foods, alcoholic liquors, drugs, medical devices or cosmetics from fires, floods, storms, train wrecks, manufacturer closeouts, or damaged from any other source whatsoever are received in a salvage warehouse or salvage …

Section 775.10 Definitions In addition to the definitions contained in Section 1 of the Grade A Pasteurized Milk Ordinance (PMO), the following definitions shall apply: "Act" means the Grade A Pasteurized Milk and Milk Products Act [410 ILCS 635]. "Applicant" means a person who f…

Section 775.100 Milk Hauler-Samplers Examination The milk hauler-samplers examination consists of both a written and practical section. The written section concerns the following topics: the standards for determining the acceptability of milk, sampling procedures, measurement pro…

Section 775.110 Milk Tank Trucks a) A milk tank truck may be used only to transport the following products that are intended for and suitable for human consumption: 1) Milk 2) Raw Milk 3) Milk Products 4) Whey and Whey Products 5) Potable Water 6) Liquid Sweeteners 7) Fruit Juice…

Section 775.115 Certified Pasteurizer Sealer Program The Department will authorize milk plant personnel to test and temporarily seal pasteurization equipment, provided that the conditions in Item 16p.(D), Pasteurization Records, Equipment Tests and Examinations, 2. Equipment Test…

Section 775.120 Cleaning and Sanitizing Procedures Milk tank trucks used to haul Grade A milk and milk products must be cleaned and sanitized in accordance with Section 7, items 10r and 11r, or item 12p and Appendix F, of the PMO. A cleaning and sanitizing tag shall be attached t…

Section 775.130 Action Levels for Added Water in Milk The presence of added water in raw or pasteurized milk constitutes adulteration. The violative level for added water in either raw or pasteurized milk is equal to or higher than 3% when converted from a milk cryoscope reading …

Section 775.140 Pesticide, Herbicide and Mycotoxin Residue Control Program (Repealed) (Source: Repealed at 37 Ill. Reg. 7166, effective May 13, 2013)

Section 775.150 Drug Residue Control Program a) Equipment used to administer drugs and medicines shall not be cleaned in the wash vats and shall be stored so as not to contaminate the milk or milk contact surfaces of equipment. b) Drugs and medicines shall be stored in such a man…

Section 775.20 Incorporated and Referenced Materials a) The following regulations, guidelines and standards are incorporated in this Part: 1) Federal government guidelines: A) The Grade A Pasteurized Milk Ordinance (PMO), and Appendices A through R (except Sections 16 and 17) Rec…

Section 775.30 Minimum Requirements a) The production, transportation, processing, handling, sampling, examination, grading, labeling and sale of all milk and milk products; the inspection of dairy herds, dairy farms and milk plants, receiving and transferring stations, and clean…

Section 775.40 Local Government Implementation If a unit of local government with a population of 1,000,000 or more adopts its own ordinance, then the unit of local government must comply with this Part. (Source: Amended at 27 Ill. Reg. 15979, effective October 1, 2003)

Section 775.50 Permits 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…

Section 775.55 Raw Milk Permit a) A raw milk permit shall be obtained for a dairy farm to sell or distribute raw milk on the premises of the dairy farm in accordance with Section 775.50(e)(3), (4) and (5) and this Section. The dairy farm owner shall notify the Department when a c…

Section 775.60 Suspension of Permits The Department will suspend permits in accordance with the provisions of Sections 3, 5 and 6 of the PMO and the following: a) All suspensions, except summary suspensions, will be preceded by the notice and opportunity for a hearing in accordan…

Section 775.70 Inspections and Investigations a) The Department will inspect and investigate complaints concerning dairy farms, milk plants, cleaning and sanitizing facilities, receiving stations, transfer stations, milk hauler-samplers, or milk tank trucks used to transport milk…

Section 775.80 Approval of Construction Plans All plans for construction or reconstruction, or for alterations other than those to repair or perform maintenance on existing facilities of a dairy farm's milking facilities, transfer stations, receiving stations, cleaning and saniti…

Section 775.90 Administrative Hearings All administrative hearings held pursuant to the Act or this Part shall be conducted in accordance with the Department's Practice and Procedure in Administrative Hearings. (Source: Amended at 37 Ill. Reg. 7166, effective May 13, 2013)

Section 795.10 Purpose and Scope a) This Part provides for the issuance of a permit to operate a tanning facility using ultraviolet lamps, and regulation of the maintenance and operation of tanning facilities. b) In addition to the requirements of this Part, all facilities are su…

Section 795.100 Report of Changes a) The facility owner shall notify the Department in writing before making any change that would render the information in the application, reported pursuant to Section 795.60, no longer accurate. This requirement shall not apply to changes invol…

Section 795.110 Non-Transfer of Permit No permit shall be transferable from one person to another or from one tanning facility to another.

Section 795.120 Approval Not Implied a) No person, in any advertisement, shall refer to the fact that he or his facility has a Permit to Operate a Tanning Facility issued by the Department pursuant to the provisions of Section 795.70, and no person shall state or imply that any a…

Section 795.130 Denial, Suspension, Revocation or Non-Renewal of a Permit to Operate a Tanning Facility The Department may deny, suspend, revoke or refuse to renew a permit to operate a tanning facility sought or issued pursuant to this Part for any of the following reasons: a) F…

Section 795.140 Hearings If any permit is denied, suspended, revoked or denied renewal by the Department, the applicant may request a hearing in accordance with the Act and the Department's Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).

Section 795.150 Construction and Operation of Tanning Facilities Each tanning facility shall be constructed, operated and maintained to meet the following minimum requirements: a) Physical facilities The following warning sign, provided by the Department, shall be conspicuously p…

Section 795.160 Additional Requirements for Stand-Up Booths a) There shall be physical barriers or other methods, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin. b) The construction of the booth shal…

Section 795.170 Protective Eyewear a) Each consumer shall be provided with protective eyewear before each tanning session, with instructions for its mandatory use. b) Protective eyewear shall meet or exceed the requirements of 21 CFR 1040.20(c)(4). Tanning facilities shall mainta…

Section 795.180 Operators a) All employees designated as operators shall be trained on the correct and compliant operation of the facility and its equipment. Employees shall not be allowed to work as operators until they have completed the required training. Training shall includ…

Section 795.190 Records a) At the consumer's initial visit to a tanning facility, and at least annually after the initial visit, the consumer shall be given a written statement of warning as described in Section 795.150(a) and shall sign a written statement acknowledging that he/…