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Regulatory Alert

CURRENT PROPOSED STATE OF ILLINOIS RULES AFFECTING SMALL BUSINESS

If any of the following proposed regulations impact your business, let us know!   Click here to submit comments on how the proposed rulemakings will impact your business or industry.   

Following are  proposed rules of possible interest to small businesses published in the Illinois Register.  During the comment period, individuals have an opportunity to express their support or opposition to the rule.  To submit comments or to learn more about the proposed rules, contact Katy Khayyat at the Department of Commerce and Economic Opportunity Business Information Center via e-mail at Katy.Khayyat@Illinois.gov  or call (800) 252-2923 or (217) 785-8020. 

To get more information on Illinois Rules and Regulations, how to file a complaint about a burdensome or excessive state rule, go to www.ienconnect.com/regflex.
 

 
 

The following proposed amendments will impact producers, sellers and purchasers of raw milk: 

 

The Department of Public Health proposed amendments to Grade A Pasteurized Milk and Milk Products (77 IAC 775; 38 Ill. Reg. 18346) establishing procedures for permitting and inspecting dairy farms that sell and/or distribute raw (unpasteurized) milk directly to consumers.  The rulemaking defines a “dairy farm” as any place where one or more lactating animals (currently, cows or goats) are kept for milking purposes and from which part or all of the milk or milk product is provided, sold or offered for sale to consumers.  A Tier 1 permit allows a dairy farm to sell or distribute raw milk to consumers only on the premises of the farm where the animal herd is located.  A Tier II permit allows sale or distribution of raw milk under a contractual herd share or distribution agreement.  Any sale or distribution of raw milk (except for private consumption by the family living on the dairy farm) without a permit is unlawful.  Permitted dairy farms selling or distributing raw milk will be listed on the DPH website.  Raw milk must be sold within 5 days after production.  Dairy farm owners must have written procedures for recalling products and notifying consumers.  The rulemaking prohibits dairy farms from making cheese, yogurt, or other dairy products from raw milk for sale ton consumers and requires dairy farms to report, upon the Department’s request, the number of gallons of raw milk sold in the previous 12 months.  Tier 1 dairy farms must post noticeable and legible signage noting that the milk is not pasteuriz3ed; that the farm is not routinely inspected by DPH; and that the product may contain pathogens that could cause serious illness, especially to children, the elderly, pregnant women and others with weakened immune systems.  Container labels or product receipts must note that the product is not pasteurized, include the production date and last possible sale date, include a consumer warning, and provide instructions for notifying the local health department or DPH of any consumer complaint or foodborne illness.  Tier II dairy farms are subject to the same requirements as Tier I farms plus others related to transport and distribution of raw milk.  Sampling and testing shall be conducted prior to issuance of a raw milk permit and at least 4 times during every 6-month period.  The rule also includes requirements for dairy animal health and cleanliness, equipment construction and storage, milking practices, the milking environment, and quality control. 

 

Bottom Line:  The rule addresses the procedures for permitting and inspecting dairy farms that sell or distribute raw milk from the premises of the dairy farm directly to consumers.  This practice has occurred for over 30 years without rules.  Per the Act, the practice of selling raw milk from the premises of the dairy farm must be done in accordance with rules.  In the absence of rules and with Illinois’ adoption of the federal Pasteurized Milk Ordinance, raw milk sales are currently prohibited.  This rule will create a two-tiered permitting system for sales or distribution of raw milk from the premises of the dairy farm to consumers, given that certain requirements are met.  For questions or to submit comments, contact Susan Meister at (217) 782-2043 or email rules@idph.state.il.us.  Click here to submit comments.

 

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The following proposed regulation will impact those involved in video gaming operations:

 

The Illinois Gaming Board proposed amendments to Video Gaming (General) (11 IAC 1800; 38 Ill. Reg. 18828) placing a continuous obligation upon all licensees, applicants and persons with significant influence and control to promptly report any material changes in use agreements, persons acting as sales agents or brokers, or revenue sharing agreements.  The rule also clarifies that use agreements must provide for licensed locations to be released from their contractual obligations if a terminal operator’s license is denied or not renewed.

 

Bottom Line:  New continuous reporting requirements: The proposal changes the title of Section 1800.220 from "Continuing Duty to Report Violations" to "Continuing Duty to Report Information". New language in the proposal requires all licensees, applicants for licensure, and persons with significant influence or control ("PSICS") to promptly report to the Board, on a continuing basis, any changes or additions to all material information provided in an application. This material information is declared to include, but not be limited to, the following:

• Use agreements;

•Persons who have acted or will act as a sales agent, broker or otherwise engage in the solicitation of business from current or potential licensed video gaming locations; and

•Agreements with any individual or business entity related to the sharing of or allotting any sums of money derived from the operation of video gaming.  

 

A terminal operator whose license is denied or non--renewed cannot enforce use agreements:

The proposal amends subsection e) of Section 1800.320 ("Minimum Standards for Use Agreements") to release a video gaming location from any continuing contractual obligation under a use agreement if the terminal operator has its license application denied, or is denied renewal of its license. Currently, subsection (e) of Section 320 releases a video gaming location from contractual obligations under a use agreement only when the terminal operator has its license revoked or surrenders its license.   

 

For questions or comments, contact Emily Mattison, General Counsel Illinois Gaming Board at Emily.Mattison@igb.illinois.gov Click here to submit comments.
   


For more information on anything in this issue of Regulatory and Information Alert, contact Katy Khayyat at Katy.Khayyat@Illinois.gov or call (217) 785-8020 or (800) 252-2923.  To be removed from this mailing list, please contact Katy Khayyat at Katy.Khayyat@Illinois.gov or by calling (217) 785-8020 or (800) 252-2923.