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Federal law and regulations apply to the interstate sale of milk. Illinois also maintains laws that apply to dairy production and marketing within Illinois.

Sanitary Measures 

The Pasteurized Milk Ordinance (PMO)

The U.S. Public Health Service (USPHS) has been active in milk sanitation measures since the early 1900s.  The USPHS is a division of the U.S. Health and Human Services department.  The Federal Drug Administration (FDA) (an agency within the USPHS) and its Milk Safety Branch, are primarily responsible for milk sanitation throughout production, handling and distribution.  USPHS/FDA only has jurisdiction to regulate interstate carriers of milk and milk products in interstate commerce.  States and localities have primary responsibility in regulating the safety of milk.

The USPHS and FDA maintain the Grade A Pasteurized Milk Ordinance (PMO), which was originally developed in the 1920s as a model regulation for states and localities.  USPHS/FDA published the most recent version in 2005.  The PMO is over 300 pages.  States and localities, including Illinois, use the PMO to guide sanitary regulation of milk and raw milk production and marketing.  The PMO prohibits the misbranding and adulteration of milk and milk products, requires permits and inspection of milk production and processing (including transportation), and prescribes labeling rules.  The PMO also sets forth specific standards for production and processing.  Grocery stores, restaurants, and other similar establishments that sell milk and milk products at retail are exempt from PMO requirements as long as no processing occurs and the milk is supplied by a permitted establishment.  Brokers, agents, and distributors that purchase milk and milk products from permitted establishments are also exempt from permitting requirements.  If you are interested in starting a dairy direct farm business, including processing/production of milk products (cheese, ice cream, etc.), you should read the PMO carefully. 

The Illinois Grade A Pasteurized Milk and Milk Products Act¹ (PMMPA) regulates construction and operation of dairies and dairy handlers to ensure cleanliness and safe manufacturing practices.  Regulations for licensing and subsequent inspection of dairy farms and dairy plants fall under two categories:  Grade A Pasteurized Milk and Milk Products regulations (Ill. Admin. Code tit. 77, § 775), and Regulations for Manufactured Dairy Products (Ill. Admin. Code tit. 77, § 785).  Under Illinois PMMPA regulations, the latest United States Public Health Service (USPHS)/Food and Drug Administration’s Grade A Pasteurized Milk Ordinance (PMO) governs all aspects of dairy production, processing and handling (Ill. Admin. Code tit. 77, § 775.20-775..30).

The Illinois Department of Public Health (IDPH) is responsible for licensing and inspecting dairy farms and dairy plants in Illinois.  The Illinois PMMPA requires all prospective dairy farmers and/or dairy plants that produce milk to submit construction, reconstruction, or alteration plans to IDPH for approval (Ill. Admin. Code, tit. 77, § 775.80). All dairy farms, plants, and receiving and transfer stations that produce and market milk must apply for a permit from IDPH. (Ill. Admin. Code tit. 77, § 775.50). IDPH will conduct a plan review to ensure that the pipeline design, equipment, barns, etc. are likely to pass inspection. All dairy farms must submit a Farm Approval Application to IDPH. IDPH will conduct a field inspection and, if satisfactory, issue a dairy farm permit. Permits must be displayed at the dairy farm (410 ILCS 635/9). There is no fee for a dairy farm permit.

The USDA maintains a milk marketing order that sets AMS dairy programs

Central Milk Marketing Order website

Raw Milk

Raw milk is milk that has not been pasteurized. Demand for raw milk has increased in recent years because of the belief that it strengthens the immune system, and that pasteurization eliminates valuable bacteria and protein.

Raw milk can be a source of dangerous pathogens such as salmonella, E. coli, and listeria.  In 1987, the Department of Health and Human Services (HHS) implemented a regulation mandating that all milk packaged for direct human consumption that is sold in interstate commerce be pasteurized.²  States still have the power to regulate the sale of raw milk within their own borders.

¹410 ILCS 635

² 21 C.F.R. § 1240.61

USDA's AMS Dairy Grading Website

Grade Label Services and Applicant Responsibility

Dairy Equipment Sanitary Design Evaluation Service

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