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  #1  
Old 05/14/11, 07:45 PM
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Illinois Raw Milk Laws

I have always thought that raw milk sales from the farm was legal in IL, if there was no advertising and the customer brought their own container, but.....

I've asked two different Amish nearby about milk for sale. Both said that it isn't legal anymore to sell, except as pet food. I cannot find anything about a law change online. Does anyone know for sure what the law is in IL?
Thanks!

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Old 05/14/11, 09:55 PM
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Illinois Statutes
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.

CHAPTER 410 PUBLIC HEALTH
ACT 635. Grade A Pasteurized Milk and Milk Products Act.

http://www.realmilk.com/milk-laws-2.html

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Old 05/14/11, 10:03 PM
 
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Quote:
Originally Posted by SueMc View Post
I have always thought that raw milk sales from the farm was legal in IL, if there was no advertising and the customer brought their own container, but.....

I've asked two different Amish nearby about milk for sale. Both said that it isn't legal anymore to sell, except as pet food. I cannot find anything about a law change online. Does anyone know for sure what the law is in IL?
Thanks!
It is available from the Amish in various places as "pet food". Also, you might know someone with goats who will sell it to you as "pet food". I just saw a sign at the Amish grocery today selling goat milk.
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Old 05/16/11, 10:06 AM
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The alternative is to get your own milk cow or goat. A Dexter doesn't take much pasture and won't overload you with milk. Likewise with a goat, but I believe goats need much better fencing. So far as I know the USDA hasn't outlawed owning your own milk cow.

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Old 05/16/11, 11:38 AM
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Thanks to both of you! Linn, I raised dairy goats for years, but it's been years since I've had them. My (small) pasture is full of horses and mules, which I love but they don't contribute much other than the pleasure of having them. We are in the process of developing 35 acres we obtained about 11/2 yrs ago. When we get moved onto the "farm" I'll have room for my equine and milking animals!

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Old 05/16/11, 12:06 PM
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Lynn, Thanks for the post, but now I'm confused. I went to the site and the "Summary" was as follows:

"ILLINOIS
Summary:

Raw milk sales are legal on the farm if the farmer complies with the following conditions:

No advertising the sale of raw milk.
Customers must bring their own individual containers. If the farmer uses his own container to bottle the milk, he is operating a "milk plant" according to the Department of Health Regulations, and the milk must be pasteurized. The farmer can only collect the milk in the customer's container. The farmer cannot process the milk in any way. Sales of raw cream and raw butter are illegal.
The farmer must produce the milk "in accordance with the Department (of Public Health) rules and regulations. "The Department does not apply these rules and regulations, including the permit requirement, to farmers with just a few cows who sell raw milk only on the farm. "

But the actual statute that you copied makes it quite clear that the oppsite is true! Thanks!!

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Old 05/16/11, 12:13 PM
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I think if the milk is pasteurized according to state guidelines, then it is legal to sell. Of course the farmer would need a permit, that would lead to state inspections, etc. etc. etc. That is the way I interpreted it, but I could be wrong. LOL

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Old 05/16/11, 12:23 PM
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I just reread this statute and this sentence makes it look like it could be legal to sell from the farm

"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."

They make it about as clear as mud, don't they.

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Old 05/16/11, 12:42 PM
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410 ILCS 635/8
“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.”

I think the catch is that the regulations referred to mean that they must meet Grade A standards. That makes the “on farm” sale of raw milk at a Grade B dairy illegal. All the small Amish dairies that I know of are selling Grade B milk and do not meet the higher standards of Grade A.


((The farmer must produce the milk "in accordance with the Department (of Public Health) rules and regulations. "The Department does not apply these rules and regulations, including the permit requirement, to farmers with just a few cows who sell raw milk only on the farm.))

The summary seems to contradict the statute. I question that whole sentence, since that exclusion isn’t touched on in the statute.

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