Illinois Administrative Code
Title 77 - PUBLIC HEALTH
Part 720 - FOOD, DRUG AND COSMETIC CODE
Section 720.35 - Certificate of Free Sale
Universal Citation: 77 IL Admin Code ยง 720.35
Current through Register Vol. 48, No. 12, March 22, 2024
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 Illinois single-service
plant that manufactures single-service containers and closures and is approved
for the listing of certified single-service manufacturers in the current
publication of the FDA Interstate Milk Shippers (IMS) List.
2)
The Department is
authorized, but is not required, upon request, to issue
certificates of free sale to Illinois dairy, drug, cosmetic, or medical device
manufacturers, processors, packers, or warehousers (Section 21.3 of
the Act). The Department will not approve a certificate of free sale for
medical equipment, devices, drugs, cosmetics, vitamins, and dietary supplements
as defined in the Act, even if manufactured, processed, packaged or stored in
Illinois.
3) The Department will
not issue a certificate of free sale to a business, corporation or entity that
is only headquartered in Illinois but manufactures, processes, packs or
warehouses in another state.
4) The
Department will not modify the language on the certificate of free sale from
the original wording.
5) The
certificate of free sale covers only existing conditions of the items and shall
not be interpreted as a guarantee, explicit or implied, for all items of the
company at all times in the future.
6) The issuance of a certificate of free sale
does not preclude the Department from taking enforcement action against a food
or dairy manufacturer, processor, packer or warehouser in the future in
accordance with this Part, the Act, the Grade A Pasteurized Milk and Milk
Products Act, and Grade A Pasteurized Milk and Milk Products administrative
rules, the Manufactured Dairy Products Code, and the Manufacturing, Processing,
Packing or Holding of Food Code.
b) Application Process for the Certificate of Free Sale
1) The applicant shall complete and
submit the Department certificate of free sale request form and payment per the
instructions. The request form will be located on the Department website
(www.idph.state.il.us).
2) A certificate of free sale will only be
made available in English or Spanish. If the applicant needs the certificate of
free sale in any other language or dialect, the applicant shall pay the cost of
the Department's hiring of a translator to create the requested foreign
language certificate of free sale.
3) On the application, the applicant shall
provide the Illinois State Identification Number or Illinois Permit Number that
has been issued to the Illinois manufacturer, processor, packer, distributor or
warehouser upon inspection by the Department.
4) Along with the application, the applicant
shall submit a fee to the Department for the certificate of free sale. A
certificate of free sale will include no more than five items. The fee for each
certificate of free sale will be $10.
5) Certificates of free sale issued by the
Department will be notarized by a certified State of Illinois notary public. If
the applicant requires a certificate of authority for the signing notary public
or requires an apostille to certify the Illinois notary public, then the
applicant shall include a cover letter with its application stating the request
and a check payable to the "Secretary of State" in an amount in accordance with
the Illinois Secretary of State Notary Services found at
http://www.cyberdriveillinois.com/departments/index/notary/home.html .
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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