Section 720.35 Certificate of Free Sale

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 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

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

on 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.