reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 266 of 2001 - Grade a Milk Law of 2001 (288.471 - 288.540) › Article VI - (288.531...288.540) › Section 288.533 - Bulk Milk Hauler/sampler; Partial Pickups; Thermometer; Sample Transfer Instrument and Transport Case; Hose Port; Compliance With Pasteurized Milk Ordinance.

288.533 Bulk milk hauler/sampler; partial pickups; thermometer; sample transfer instrument and transport case; hose port; compliance with pasteurized milk ordinance.
Sec. 63.
(1) A bulk milk hauler/sampler shall not adulterate milk in the farm tank or the milk tank truck.
(2) There shall be no partial removal of milk from the farm tank by the bulk milk hauler/sampler except that partial pickups may be permitted when the farm tank is equipped with a 7-day recording device complying with the specifications of pasteurized milk ordinance appendix H, or another recording device acceptable to the department, provided that the farm milk tank shall be cleaned and sanitized when empty and shall be emptied at least every 72 hours. In the absence of a temperature recording device, partial pickups may be permitted as long as the farm tank is completely empty, clean, and sanitized before the next milking. In the event of emergency situations or seasonal weight restrictions, partial pickups will be allowed.
(3) A bulk milk hauler/sampler shall carry an accurate, approved dial-type or electronic thermometer with him or her on the route and shall not pickup milk from a farm tank which exceeds the maximum temperature allowed by law.
(4) A bulk milk hauler/sampler shall keep his or her sample transfer instrument and sample transport case clean and in good repair.
(5) A bulk milk hauler/sampler shall use the hose port provided for him or her in the milkhouse for accommodation of the pickup milk hose.
(6) A bulk milk hauler/sampler shall comply with the requirements of appendix B of the pasteurized milk ordinance, incorporated herein by reference.
History:
2001, Act 266, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 136, Eff. June 20, 2008
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 266 of 2001 - Grade a Milk Law of 2001 (288.471 - 288.540) › Article VI - (288.531...288.540) › Section 288.535 - Farm Tank; Requirements.

288.535 Farm tank; requirements.
Sec. 65.
(1) A farm tank on a dairy farm shall be installed so as to remain level at all times.
(2) A farm tank shall have an accurate indicating thermometer stored in the milkhouse which may be either an integral thermometer in the farm tank or an approved thermometer acceptable to the director.
(3) A farm tank shall have a calibrated means of measurement and an accurate and legible volume to weight conversion chart unless the farm tank is mounted on an accurate scale. All measuring devices must be in compliance with the weights and measures act of 1964, 1964 PA 283, MCL 290.601 to 290.634.
(4) A conversion chart shall bear the same serial number as that found on the farm tank and measuring rod.
(5) The producer is responsible for recalibrating a farm tank that does not have an accurate conversion chart. A recalibration must be in compliance with the weights and measures act of 1964, 1964 PA 283, MCL 290.601 to 290.634. A person shall not adjust, alter, or change a conversion chart unless the change, alteration, or adjustment is made strictly according to the requirements of the weights and measures act of 1964, 1964 PA 283, MCL 290.601 to 290.634.
(6) A farm tank shall not be filled to a capacity that exceeds the calibrated limits as indicated by the conversion chart. If the producer wishes to fill the tank nearer to the top, the tank shall be calibrated to an additional height that still permits proper agitation without spillage.
(7) Milk to be offered for sale shall be cooled and stored in the farm tank equipped with cooling and agitation. Other cooling and storage vessels may be used when approved in writing by the director on a case-by-case basis.
(8) Milk production shall be of sufficient quantity so that it can be properly agitated not later than at the completion of the first milking into the farm tank.
(9) Facilities for effectively sanitizing farm tanks shall be provided by the producer.
(10) Nonelectric farms shall provide battery powered lighting for farm tanks that will adequately illuminate each farm tank opening. Fuels used for milkhouse operations shall not cause odors that may impart off-flavors.
History:
2001, Act 266, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 266 of 2001 - Grade a Milk Law of 2001 (288.471 - 288.540) › Article VI - (288.531...288.540) › Section 288.536 - Care and Handling of Milk Samples; Substantial Compliance.

288.536 Care and handling of milk samples; substantial compliance.
Sec. 66.
The care and handling of milk samples by all persons in the chain of possession shall be in substantial compliance with standard methods.
History:
2001, Act 266, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 266 of 2001 - Grade a Milk Law of 2001 (288.471 - 288.540) › Article VI - (288.531...288.540) › Section 288.537 - Analysis; Responsibilities; Methods; Acceptance or Rejection.

288.537 Analysis; responsibilities; methods; acceptance or rejection.
Sec. 67.
(1) Methods of analysis, including butterfat analysis, shall comply with the requirements of sections 6 and 7 of the pasteurized milk ordinance. Analysis required on producer, raw, and finished product samples shall comply with the pasteurized milk ordinance.
(2) The milk buyer of grade A raw milk shall be responsible for making the quality tests on the raw milk, at the producer level, that are required by law unless the director specifies otherwise. It shall be the responsibility of the bulk milk hauler/sampler to collect the samples for analysis. In situations where the producer is not represented by a milk buyer or handler that provides an approved sample analysis and reporting service, it shall be the responsibility of the producer to insure that the proper number of samples are submitted to an approved laboratory for analysis and that the results are reported to the department. In all situations, it is ultimately the producer's responsibility to insure that a minimum of 4 official sample results for the previous 6 months' production are reported to the department. The test results shall be reported to the department as requested.
(3) Methods for determining the sediment content of milk shall be those described in standard methods. Sediment content shall be based on comparison with official United States department of agriculture sediment standards, incorporated by reference.
(4) If the sediment disc is classified as no. 1, no. 2, or no. 3, the producer's milk may be accepted. If the milk contains more sediment than a no. 3, it is considered rejectable.
History:
2001, Act 266, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 266 of 2001 - Grade a Milk Law of 2001 (288.471 - 288.540) › Article VI - (288.531...288.540) › Section 288.538 - Pasteurized Milk and Milk Products Offered for Sale; Requirements.

288.538 Pasteurized milk and milk products offered for sale; requirements.
Sec. 68.
(1) Only pasteurized milk and milk products shall be offered for sale or sold, directly or indirectly, to the final consumer or to restaurants, grocery stores, or similar establishments.
(2) All milk and milk products shall be pasteurized according to the requirements of the pasteurized milk ordinance and the time-temperature relationships described in the pasteurized milk ordinance.
(3) All dairy plant by-products used for feeding purposes for farm animals shall be pasteurized or be derived from pasteurized products when specified by the director.
(4) Milk and milk products may be aseptically processed as low-acid foods provided they comply with the following requirements:
(a) All thermally processed milk and milk products that are packaged in hermetically sealed containers shall be processed in a milk processing facility licensed under this act, the manufacturing milk law of 2001, or the food law of 2000.
(b) All processors of acidified milk and milk products packaged in hermetically sealed containers shall comply with the regulations of the U.S. food and drug administration in 21 CFR part 108, 21 CFR part 110, and 21 CFR part 114.
(c) All thermally processed milk and milk products that are packaged in hermetically sealed containers shall comply with the regulations of the U.S. food and drug administration in 21 CFR part 108, 21 CFR part 110, and 21 CFR part 113.
(d) Hermetically sealed packages shall be handled to maintain product and container integrity.
History:
2001, Act 266, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 136, Eff. June 20, 2008
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 266 of 2001 - Grade a Milk Law of 2001 (288.471 - 288.540) › Article VI - (288.531...288.540) › Section 288.540 - Effective Date.

288.540 Effective date.
Sec. 70.
This act takes effect 30 days after enactment.
History:
2001, Act 266, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Section 288.561 - Short Title.

288.561 Short title.
Sec. 1.
This act shall be known and may be cited as the "manufacturing milk law of 2001".
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article I - (288.570...288.577) › Section 288.571 - Definitions; B, C.

288.571 Definitions; B, C.
Sec. 11.
As used in this act:
(a) "Bulk milk hauler/sampler" means any person who collects official samples and may transport raw milk from a farm and/or raw milk products to or from a dairy plant, receiving station, or transfer station and has in his or her possession a license or permit to sample such products.
(b) "Bulk milk pickup tanker" means a vehicle including a truck, tank, and those appurtenances necessary for its use used by a bulk milk hauler/sampler to transport bulk raw milk for pasteurization from a dairy farm to a dairy plant, receiving station, or transfer station.
(c) "Butter" means the product usually known as butter that is made exclusively from wholesome milk or cream, or both, with or without common salt, and with or without additional coloring matter and containing not less than 80% by weight of milk fat.
(d) "Cash payments", regarding the producer security requirements of this act, means a payment in cash or by check, money order, wire transfer, or draft for a sale in which the title to farm milk is transferred.
(e) "Cheese" means natural cheeses, processed cheeses, blended cheeses, cheese foods, cheese spreads, nonstandard cheese products, and related foods described in 21 CFR part 133.
(f) "CIP" or "cleaned-in-place" means the procedure by which sanitary pipelines or pieces of dairy equipment are mechanically cleaned in place by circulation.
(g) "Commercial sterility of thermally processed food" means the condition achieved under either of the following circumstances:
(i) By the application of heat which renders the food free of microorganisms capable of reproducing in the food under normal nonrefrigerated conditions of storage and distribution and viable microorganisms, including spores, of public health significance.
(ii) By the control of water activity and the application of heat, which renders the food free of microorganisms capable of reproduction in the food under normal nonrefrigerated conditions of storage and distribution.
(h) "Cream" means any of the following:
(i) Light cream containing not less than 18% but not more than 30% milkfat.
(ii) Whipping cream containing more than 30% but less than 36% milkfat.
(iii) Heavy cream containing more than 36% milkfat.
(iv) Cream obtained from cheese whey only if sold or labeled as whey cream.
History:
2001, Act 267, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 147, Eff. June 27, 2008
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article I - (288.570...288.577) › Section 288.572 - Definitions; D.

288.572 Definitions; D.
Sec. 12.
As used in this act:
(a) "Dairy animal" means any domesticated lactating mammal, including a cow, goat, sheep, water buffalo, or other hooved mammal, which is managed and milked to obtain milk for human consumption.
(b) "Dairy farm" means any place or premises where 1 or more dairy animals are kept for milking purposes, and from which a part or all of the milk is provided, sold, or offered for sale.
(c) "Dairy plant" or "milk plant" means any place, premises, or establishment where milk or dairy products are collected, handled, processed, stored, pasteurized, aseptically processed, packaged, or prepared for distribution.
(d) "Dairy product", "manufactured dairy product", or "milk product" means products that include, but are not limited to, evaporated milk, condensed skim milk, condensed milk, condensed buttermilk, condensed milk solids, concentrate milk, nonfat dry milk, dry milk, dry cream, dry whey, dry buttermilk, butter, buttermilk, cheese, cheese products, ice cream, sherbet, frozen desserts, dairy confections, or novelties, related dairy products with butter fat or milk solids substitutions, filtered milk components, infant formula manufactured with dairy ingredients, whey, whey cream, and other products for human consumption not regulated under the grade A milk law of 2001 or as determined appropriate by the director.
(e) "Department" means the Michigan department of agriculture.
(f) "Director" means the director of the Michigan department of agriculture or his or her designee.
(g) "Distributor" means a person other than a producer or processor who offers for sale, holds for sale, or sells at wholesale milk or dairy products. A distributor's facilities include warehousing, refrigerated storage, and refrigerated distribution vehicles.
(h) "Dry milk product" means a product resulting from the drying of milk or a dairy product.
(i) "Dryer" means equipment that dries milk or a dairy product.
History:
2001, Act 267, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 147, Eff. June 27, 2008
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article I - (288.570...288.577) › Section 288.574 - Definitions; M.

288.574 Definitions; M.
Sec. 14.
As used in this act:
(a) "Milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of 1 or more healthy cows, goats, sheep, or other dairy animals.
(b) "Milk buyer" means any milk producer, milk producer marketing organization, dairy plant, receiving station, transfer station, or bulk milk hauler that either takes delivery of raw milk or a raw milk product or manages the sale of the raw milk or raw milk product, or both.
(c) "Milk tank truck" means both a bulk milk pickup tanker and a milk transport tank.
(d) "Milk tank truck cleaning facility" means any place, premises, or establishment, separate from a dairy plant, receiving station, or transfer station where a milk tank truck is cleaned and sanitized.
(e) "Milk tank truck driver" means any person who transports raw or pasteurized dairy products to or from a dairy plant, receiving station, or transfer station.
(f) "Milk transportation company" means the company that is the person responsible for a milk tank truck.
(g) "Milk transport tank" means a vehicle, including the truck and tank, used by a bulk milk hauler/sampler to transport bulk shipments of milk from a dairy plant, receiving station, or transfer station to another dairy plant, receiving station, or transfer station.
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article I - (288.570...288.577) › Section 288.576 - Definitions; O to R.

288.576 Definitions; O to R.
Sec. 16.
As used in this act:
(a) "Offering for sale" means selling, offering to sell, holding for sale, preparing for sale, trading, bartering, offering as a gift as an inducement for sale of, and advertising for sale in any media.
(b) "Other security" means a mutually acceptable producer security agreement, acceptable to the director, approved and signed by the milk buyer and all milk sellers selling milk to that milk buyer.
(c) "Person" means an individual, partnership, company, limited liability company, cooperative, association, firm, trustee, educational institution, state or local government unit, or corporation.
(d) "Processor" means the owner or operator of a dairy plant.
(e) "Producer" means a person who owns or operates a dairy farm and sells or distributes milk produced on that farm including a person who markets milk on behalf of a producer pursuant to a marketing agreement.
(f) "Receiving station" means any place, premise, or establishment where raw milk is received, collected, handled, stored, or cooled and is prepared for further transporting.
(g) "Registered name" means either a name that is registered as "doing business as" at the county clerk’s office in the county in which the producer or processor resides or that is registered with the state of Michigan as a legal entity registered to do business within the state under an assumed name. Registered name includes, but is not limited to, incorporations, corporations, limited liability companies, limited liability partnerships, and similar entities.
(h) "Rerun" means a frozen dessert that is not placed in its final container immediately after passing through the freezing process and is intended to be melted and reprocessed or refrozen.
(i) "Retail" means selling or offering for sale dairy products directly to a consumer.
(j) "Retail food establishment" means an operation that sells or offers to sell food directly to a consumer. Retail food establishment includes both a retail grocery and a food service establishment but does not include a food processing plant.
History:
2001, Act 267, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 147, Eff. June 27, 2008
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 3 - (288.590...288.592) › Section 288.590 - Other Standards or Requirements; Inspection Reports; Out-of-State Milk Products.

288.590 Other standards or requirements; inspection reports; out-of-state milk products.
Sec. 30.
(1) A political subdivision of the state shall not impose any different standards or requirements for manufacturing milk and manufacturing milk products than those provided for in this act and shall not prohibit the sale of dairy products if they have been produced and processed as manufacturing milk under supervision of the department.
(2) The director shall furnish copies of its inspection reports on any dairy farm producing manufacturing milk to a purchaser of manufacturing milk from that farm upon written request.
(3) A sanitary standard or similar requirement issued under this act does not prohibit the sale of manufacturing milk or manufacturing milk products that are produced or processed under laws or rules of a governmental unit outside the state that the director determines are substantially equivalent to the requirements of the rules promulgated under this act and are enforced with equal effectiveness if the governmental unit accepts Michigan manufacturing milk and dairy products inspected by the department.
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 3 - (288.590...288.592) › Section 288.591 - Repeal of Acts; Rescission of Rules.

288.591 Repeal of acts; rescission of rules.
Sec. 31.
(1) The following acts and parts of acts are repealed effective 30 days after enactment of this act:
(a) 1899 PA 167, MCL 289.61.
(b) 1903 PA 243, MCL 288.221 to 288.223.
(c) 1911 PA 257, MCL 288.371 to 288.372.
(d) 1913 PA 63, MCL 288.252 to 288.257.
(e) The manufacturing milk act, 1913 PA 222, MCL 288.101 to 288.117.
(f) 1915 PA 93, MCL 288.161 to 288.162.
(g) 1923 PA 30, MCL 288.281 to 288.284.
(h) The milk fat test law, 1935 PA 212, MCL 288.51 to 288.60.
(i) 1939 PA 155, MCL 288.201 to 288.206.
(j) 1945 PA 293, MCL 288.151 to 288.153.
(k) 1955 PA 211, MCL 288.211 to 288.217.
(l) 1967 PA 45, MCL 288.141 to 288.149.
(m) The frozen desserts act of 1968, 1968 PA 298, MCL 288.321 to 288.334.
(2) Except as rescinded, rules promulgated under public acts repealed by this act retain authorization under this act. The following rules are rescinded effective 30 days after enactment of this act:
(a) R 285.400.1 of the Michigan administrative code.
(b) R 285.402.1 of the Michigan administrative code.
(c) R 285.404.1 of the Michigan administrative code.
(d) R 285.405.1 to R 285.405.29 of the Michigan administrative code.
(e) R 285.407.1 to R 285.407.6 of the Michigan administrative code.
(f) R 285.409.1 of the Michigan administrative code.
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 3 - (288.590...288.592) › Section 288.592 - Effective Date.

288.592 Effective date.
Sec. 32.
This act takes effect 30 days after the date of enactment.
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 5 - (288.610...288.611) › Section 288.610 - Administration of Act; Rules; Incorporation by Reference.

288.610 Administration of act; rules; incorporation by reference.
Sec. 50.
(1) The department shall administer this act and may promulgate rules for its implementation and enforcement, or adopt revisions of standards adopted by reference in this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) The following standards are incorporated by reference:
(a) The sanitary standards of 7 CFR part 58 and the sanitary standards of the 3-A sanitary standards committees, published by the International Association for Food Protection, as referenced in 7 CFR part 58.
(b) Standards for dairy equipment construction formulated by the United States Department of Agriculture, dated 2001, entitled USDA Guidelines for the Sanitary Design and Fabrication of Dairy Processing Equipment, and the United States Food and Drug Administration, dated 2000, entitled Milk and Milk Product Equipment, A Guide for Evaluating Construction.
(c) The standards for sanitizing solutions complying with the federal food, drug, and cosmetic act, 21 USC 301 to 399h, and listed in 21 CFR 178.1010.
(d) The scheduled process standards for achieving commercial sterility and standards for sterilized or aseptic milk and dairy products processing contained in 21 CFR part 113.
(e) The standard methods for the examination of dairy products referenced in 7 CFR part 58 and published by the American Public Health Association, sixteenth edition, dated 1992.
(f) Cheeses and related cheese products, 21 CFR part 133.
(g) Labeling, 21 CFR part 101, 9 CFR part 317, and 9 CFR part 381, subpart N.
(h) Current Good Manufacturing Practices, Hazard Analysis, and Risk-Based Preventive Controls, 21 CFR part 117.
History:
2001, Act 267, Eff. Feb. 8, 2002 ;-- Am. 2018, Act 622, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 5 - (288.610...288.611) › Section 288.611 - Investigations; Inspections.

288.611 Investigations; inspections.
Sec. 51.
The director shall foster and encourage the dairy industry of the state and, for that purpose, shall investigate the general conditions of the dairy farms, dairy plants, single service manufacturers, receiving stations, transfer stations, bulk milk haulers/samplers, can milk trucks, milk tank trucks, milk tank truck cleaning facilities, and distributors with full power to enter upon any premises for such investigation, with the object of improving the quality and creating and maintaining uniformity of the dairy products of the state. If determined necessary by the director, he or she may cause instruction to be given in any dairy farm, dairy plant, single service manufacturer, receiving station, transfer station, and distributor or in any locality in this state, in order to secure the proper feeding and care of dairy animals, the proper maintenance and sanitation of milk handling equipment, the proper maintenance of milk production facilities, the proper maintenance of milk processing facilities, the proper maintenance of single service facilities, the proper handling and storage of milk, dairy products, or single service containers, or the practical operation of any plant producing dairy products or single service containers for dairy products. In order to secure a uniform and standard quality of dairy products in the state, the director shall furnish a sufficient number of competent and qualified inspectors for that purpose as provided for in this act.
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 7 - (288.630...288.631) › Section 288.631 - Testing Frequency for Dairy Products; Testing Dairy Farm Water Supplies.

288.631 Testing frequency for dairy products; testing dairy farm water supplies.
Sec. 71.
(1) All dairy products shall be tested at a minimum frequency of 4 out of every 6 months, or as determined by the director.
(2) Except when the water supply is required to be tested annually as provided in section 130(9)(h), well water samples for dairy farms shall be tested a minimum of once every 3 years and found to be of safe and satisfactory quality.
(3) Water supplies for dairy plants shall be tested a minimum of once every 6 months.
(4) Recirculated water or recirculated cooling medium shall be tested a minimum of once every 6 months.
(5) Condensate recovery water shall be used only in applications that conform to requirements and procedures accepted by the United States food and drug administration or the director.
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 9 - (288.650...288.652) › Section 288.650 - Inspecting, Sampling, and Investigating Conditions; Authority of Director and Department.

288.650 Inspecting, sampling, and investigating conditions; authority of director and department.
Sec. 90.
(1) The director, after proper identification, is authorized and shall have the power to enter all dairy farms, dairy plants, single service manufacturing facilities, milk tank truck cleaning facilities, receiving stations, transfer stations, dairy product distribution facilities, vehicles used to transport milk and milk products or single service manufacturers under its jurisdiction, for the purpose of inspecting, sampling, and investigating conditions relating to the enforcement of this act.
(2) The department shall, at a minimum, inspect all dairy farms every 12 months and dairy plants, receiving stations, and transfer stations every 6 months, or at time intervals as specified by the director.
History:
2001, Act 267, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 147, Eff. June 27, 2008
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 9 - (288.650...288.652) › Section 288.651 - Seizure of Milk, Dairy Products, or Equipment; Findings; Condemnation or Destruction; Removal of Tag or Transfer to Another Container Prohibited.

288.651 Seizure of milk, dairy products, or equipment; findings; condemnation or destruction; removal of tag or transfer to another container prohibited.
Sec. 91.
(1) The director may seize or hold for investigation any milk, dairy product, or equipment which the director may have reason to believe constitutes or may be contributing to an imminent or substantial health hazard or is in violation of this act. Seized milk, dairy products, or equipment shall not be disposed of until a release is obtained from the director. The director shall complete his or her action on any such seized item within a reasonable time, and the farm, plant, or station shall be promptly notified of the director's decision. The director may collect and retain evidence to verify the determination of an imminent health hazard.
(2) Whenever the director finds in any dairy farm, dairy plant, receiving station, transfer station, or vehicle any milk or dairy product which contains any unwholesome substance, or that may be poisonous or deleterious to health or otherwise unsafe, such milk or dairy product shall be declared an imminent or substantial health hazard. The director shall condemn or destroy the milk or dairy product or in any other manner render the same unsalable as human food. A person shall not remove a condemnation or seizure tag attached to any container of condemned milk or cream, or transfer condemned milk to another container and sell or offer for sale the condemned milk for human consumption.
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 9 - (288.650...288.652) › Section 288.652 - Access to Markets for Milk and Dairy Products; Certificate of Free Sale; Application; Fees; "Certificate of Free Sale" Defined.

288.652 Access to markets for milk and dairy products; certificate of free sale; application; fees; "certificate of free sale" defined.
Sec. 92.
(1) To facilitate continued access to markets for milk and dairy products, the department may do 1 or both of the following:
(a) At the request of a processor or based upon records voluntarily supplied by a processor, inspect, audit, or certify a dairy plant where milk or dairy products are processed, pasteurized, or aseptically processed in this state.
(b) Issue certificates of free sale under subsection (3).
(2) A processor shall submit an application for a certificate of free sale on a form and in a manner prescribed by the department.
(3) The department shall grant or deny an application for a certificate of free sale within 10 business days after the department receives a completed application under subsection (2) and the application fee under subsection (4). If the department determines that the application meets the requirements of this act and the rules promulgated under this act, the department shall issue a certificate of free sale. If the department determines that the application does not meet the requirements of this act or the rules promulgated under this act, the department shall deny the application and send a written notice to the processor stating the reasons for the denial.
(4) If a certificate of free sale is issued under subsection (3), the processor shall pay the department the following fees, as applicable:
(a) An application fee, $60.00.
(b) A duplicate copy of a certificate of free sale, $10.00.
(5) A fee collected under subsection (4) must be deposited in the dairy and food safety fund created in section 4117 of the food law of 2000, MCL 289.4117.
(6) A certificate of free sale issued under this section is valid for 1 year.
(7) As used in this section, "certificate of free sale" means a document that is issued by the department that verifies that the milk or dairy product listed is processed, pasteurized, or aseptically processed in this state and is legally sold or distributed in this state and on the open market with the approval of the department.
History:
Add. 2022, Act 128, Imd. Eff. June 29, 2022
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 11 - (288.670...288.686) › Section 288.670a - Receipt of Completed Application for Initial or Renewal License; Issuance of License Within Certain Time Period; "Completed Application" Defined.

288.670a Receipt of completed application for initial or renewal license; issuance of license within certain time period; "completed application" defined.
Sec. 110a.
(1) The department shall issue an initial or renewal license or permit for regulated activities described in section 110 other than a manufacturing grade dairy farm or a bulk milk hauler/sampler, not later than 90 days after the applicant files a completed application. Receipt of the application is considered the date the application is received by an agency or department of this state. If the application is considered incomplete by the department, the department shall notify the applicant in writing, or make the information electronically available, within 30 days after receipt of the incomplete application, describing the deficiency and requesting the additional information. The 90-day period is tolled upon notification by the department of a deficiency until the date the requested information is received by the department. The determination of the completeness of an application is not an approval of the application for the license or permit and does not confer eligibility of an applicant determined otherwise ineligible for issuance of a license or permit.
(2) If the department fails to issue or deny a license or permit within the time required by this section, the department shall return the license or permit fee and shall reduce the license or permit fee for the applicant's next renewal application, if any, by 15%. The failure to issue a license or permit within the time required under this section does not allow the department to otherwise delay the processing of the application, and that application, upon completion, must be placed in sequence with other completed applications received at that same time. The department shall not discriminate against an applicant in the processing of the application based upon the fact that the license fee was refunded or discounted under this subsection.
(3) As used in this section, "completed application" means an application complete on its face and submitted with any applicable licensing or permit fees and fines as well as any other information, records, approval, security, or similar item required by law or rule from a local unit of government, a federal agency, or a private entity but not from another department or agency of this state. Under appropriate circumstances, completed application includes the completion of construction or renovation of any facility and the passing of a satisfactory inspection.
History:
Add. 2004, Act 282, Imd. Eff. July 23, 2004 ;-- Am. 2008, Act 147, Eff. June 27, 2008 ;-- Am. 2018, Act 289, Eff. Sept. 27, 2018
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 11 - (288.670...288.686) › Section 288.670b - "Pasteurized Milk Ordinance" Defined; License to Conduct Certified Industry Manufacturing Farm Inspections; License Fee; Inspections; Authorization by Director.

288.670b "Pasteurized milk ordinance" defined; license to conduct certified industry manufacturing farm inspections; license fee; inspections; authorization by director.
Sec. 110b.
(1) As used in this section, "pasteurized milk ordinance" means that term as defined in section 6 of the grade A milk law, MCL 288.476.
(2) Each certified industry manufacturing farm inspector shall pay a 3-year license fee of $150.00 for a license to conduct certified industry manufacturing farm inspections. License renewal shall take place on the expiration date of the 3-year certification.
(3) Certified industry manufacturing farm inspectors shall comply with the requirements for certified industry inspections specified in section 5 of the pasteurized milk ordinance and, in addition, shall conduct both of the following:
(a) A farm inspection of all producers having the first routine count exceeding legal standards for bacteria or somatic cells, or both.
(b) One routine inspection per year of each producer, with a copy of each required inspection forwarded to the local area dairy inspector.
(4) Certified industry manufacturing farm inspectors may perform official inspections, but only with authorization by the director.
History:
Add. 2010, Act 42, Imd. Eff. Mar. 31, 2010
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 11 - (288.670...288.686) › Section 288.671 - Milk Products Manufactured at Retail Food Establishments; Exemption.

288.671 Milk products manufactured at retail food establishments; exemption.
Sec. 111.
Milk products manufactured at retail food establishments licensed under the food law of 2000 are exempt from this act if both of the following conditions are met:
(a) All ingredients contained in these products comply with the requirements of the food law of 2000.
(b) The milk products manufactured are not sold wholesale or to another business entity.
History:
2001, Act 267, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 147, Eff. June 27, 2008
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 11 - (288.670...288.686) › Section 288.672 - Unlicensed Dairy Plant or Previously Denied License Dairy Plant; Application for License; Investigation of Sanitary Conditions.

288.672 Unlicensed dairy plant or previously denied license dairy plant; application for license; investigation of sanitary conditions.
Sec. 112.
Upon receipt of an application for licensure by an unlicensed dairy plant or for a dairy plant previously denied a license under this act, the department shall investigate the sanitary conditions of the dairy plant or place of business. The director shall issue a license under this act upon determining that the sanitary conditions of the applicant's dairy plant or place of business comply with this act and rules and regulations promulgated under this act.
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 11 - (288.670...288.686) › Section 288.675 - Purchasing Milk for Resale or Manufacture Into Another Product; Payment to Producer; Manner and Dates; Violation; Issuance of Check.

288.675 Purchasing milk for resale or manufacture into another product; payment to producer; manner and dates; violation; issuance of check.
Sec. 115.
(1) A person purchasing milk for resale or manufacture into another product shall pay the producer in a manner and on dates as mutually agreed to by the producers, the dairy plant, and the department. The department shall revoke or deny a license issued under this act for a violation of this subsection.
(2) A dairy plant that produces manufactured dairy products shall not issue a check to the producer unless the name of the person issuing the check is noted on the check.
History:
2001, Act 267, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 147, Eff. June 27, 2008
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 11 - (288.670...288.686) › Section 288.676 - Condition to Issuance and Maintenance of License; Security Required; Exemption.

288.676 Condition to issuance and maintenance of license; security required; exemption.
Sec. 116.
The department shall revoke or deny a license for a dairy plant that produces manufactured dairy products if the licensee or applicant fails to provide 1 of the security devices required as a condition to issuance and maintenance of a license. As a condition to issuance and maintenance of a license, a dairy plant that produces manufactured dairy products shall provide 1 or more of the security devices described in section 117, 118, or 119. Milk plants that receive milk only from dairy farms under the same sole proprietorship, the same registered partnership, or the same corporate ownership having the same registered name as the milk plant are exempt from the requirements of this section.
History:
2001, Act 267, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 147, Eff. June 27, 2008
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 11 - (288.670...288.686) › Section 288.677 - Audited Financial Statement.

288.677 Audited financial statement.
Sec. 117.
(1) A licensee or applicant for a license as a dairy plant not providing a security device under section 118 or 119 shall provide an audited fiscal year end financial statement prepared by a certified public accountant according to generally accepted accounting principles and a quarterly verified financial statement that verifies the licensee's ability to meet the ratio of 1.20:1 for minimum liquidity requirements of current assets to current liabilities.
(2) The audited financial statement, to be filed by the licensee not later than 120 days after the close of the licensee's fiscal year end, shall contain a balance sheet, income statement, equity statement, statement of cash flow, notes to the statements, and any other information required by the department. The department may extend the date for filing the audited financial statement by up to 30 days only upon the written request of the dairy plant or the dairy plant's accountant preparing the statement if the request is made not less than 10 days before the deadline for the filing of the statement. The request shall state the reason for the delay.
(3) The quarterly verified financial statement shall be filed within 60 days after the end of the fiscal quarter to which the statement pertains. The quarterly verified financial statement shall include, but not be limited to, a balance sheet, income statement, and any other information required by the department. The department may require a dairy plant that produces manufactured dairy products to file a supplementary or interim financial statement or provide additional information at any time pertaining to the financial statements filed under this subsection or to specific information requests made by the department. In determining whether the dairy plant has met the minimum liquidity requirement described in this subsection in an audited financial statement or verified financial statement, the department shall exclude all intangible assets and assets the department determines to be of doubtful value and may also exclude nontrade notes; accounts receivable from officers, directors, employees, partners, or stockholders or from members of their families; and notes and accounts receivable from parent organizations, subsidiaries, or affiliates if the department determines them to be of doubtful value.
(4) An applicant for a license that has not been in the business of receiving milk during the preceding 12 months shall only provide a security device other than an audited financial statement for at least the initial 12 months of licensed operation. At the end of the initial 12-month period, the department may allow the dairy plant to utilize an audited financial statement as a security device if the statement meets minimum liquidity requirements of this subsection and if the dairy plant is otherwise in compliance with this act.
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 11 - (288.670...288.686) › Section 288.679 - Cash Prepayments.

288.679 Cash prepayments.
Sec. 119.
A licensee or applicant for licensure as a dairy plant not providing a security device under section 117 or 118 shall provide an agreement in which the dairy plant prepays for its milk supply by means of cash payments before or at the time the milk is received at the plant.
History:
2001, Act 267, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 147, Eff. June 27, 2008
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 11 - (288.670...288.686) › Section 288.681 - Change in Security Device; Circumstances Requiring Dairy Plant to Provide Change or Increase; Notice Sent by Department to Dairy Plant; Notice to Producers.

288.681 Change in security device; circumstances requiring dairy plant to provide change or increase; notice sent by department to dairy plant; notice to producers.
Sec. 121.
(1) A dairy plant that produces manufactured dairy products may request a change in its security device at any time. The department shall allow the change in the dairy plant's security device if all requirements for the new security device have been met and all producers doing business with the licensee have been notified by the department.
(2) The department may require a dairy plant to provide a change or increase in a security device if the department has reason to believe, after reviewing relevant financial information, that 1 or more of the following circumstances exist:
(a) The dairy plant no longer meets the minimum liquidity requirement of this act.
(b) The dairy plant can no longer make payments in the manner provided for in section 115(1).
(c) The value of the dairy plant's security device falls below the requirements due to depreciation in the value of the security, an increase in the maximum liability to producers, or the cancellation or change of the security device as specified in this act.
(3) The department shall send written notice by certified mail to the dairy plant stating the reasons for the demand for change or increase in a security device and setting the date for providing the changed or increased security device.
(4) The department shall notify all producers shipping dairy products to a dairy plant that produces manufactured dairy products of the decision to require the dairy plant to modify or change a security device. The notice required under this subsection shall be provided within 5 days after the department's issuance of the order to require another security device.
History:
2001, Act 267, Eff. Feb. 8, 2002