reglab/statecodes huggingface dataset:
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 288.682 - Breach of Obligation; Proof of Claim or Evidence of Default; Order Requiring Filing of Claims by Creditors; Publication of Notice; Notice of Allowance or Disallowance; Action by Attorney General; Distribution; Other Liens, Security, or Priority.

288.682 Breach of obligation; proof of claim or evidence of default; order requiring filing of claims by creditors; publication of notice; notice of allowance or disallowance; action by attorney general; distribution; other liens, security, or priority.
Sec. 122.
(1) A person injured by the breach of an obligation secured by a security device described in section 117, 118, or 119, including a producer and a person representing a commodity check-off program, may file with the department a verified proof of claim or other evidence of default. Upon receipt of a verified proof of claim or other evidence of default, the department may issue an order requiring each interested creditor, as may be known to the department, to file a verified proof of claim before a certain date or be barred from participating in any recovery made by the department.
(2) The department shall provide notice of the entry of an order issued under subsection (1) by posting a copy of the order on the premises described in the license and by publication in accordance with the Michigan court rules that govern service of process by publication. Publication shall be completed at least 30 days before the final date for the filing of claims.
(3) The department shall make the necessary audit and issue an order allowing or disallowing each claim presented. Within 30 days of that order, the department shall send to the principal and surety, by certified mail, notice of allowance or disallowance and request for the payment. The department shall demand and may collect and receive from the licensee, or from the surety or sureties of the licensee the amount determined to be necessary to satisfy the claims with interest at the judgment rate computed from the date of loss. The department may request that the department of attorney general commence an action for that purpose in a court of competent jurisdiction. If the attorney general prevails in whole or in part, the court shall award interest from the date of loss at the judgment rate. Upon receipt of money paid in partial or complete satisfaction of a claim as provided in this section, the department shall distribute to the claimant in accordance with the order allowing the claim, in full or proportionally.
(4) This section does not affect or impair any other lien, security, or priority for the claim or judgment.
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 288.683 - Notice to Producers of Type of Security Device Used; Form; Qualifications for Dairy Plant License.

288.683 Notice to producers of type of security device used; form; qualifications for dairy plant license.
Sec. 123.
The department shall notify producers delivering dairy products to a licensed dairy plant that produces manufactured dairy products of the type of security device used for the benefit of producers and shall notify producers any time a license is issued, renewed, or modified. The notice sent by the department shall substantially conform to the following:
"Michigan law requires dairy plant licensees to demonstrate a reasonable degree of financial responsibility to the Michigan department of agriculture. This act is designed to provide reasonable assurance that producers will be paid for their milk; however, it does not guarantee that producers will be paid. Each producer has some responsibility for determining the credit-worthiness of the dairy plant to which the producer is selling milk. A dairy plant licensee may qualify for a license by doing 1 of the following:
(a) Filing financial statements audited by a certified public accountant with the department demonstrating that the dairy plant meets the minimum liquidity requirement.
(b) Filing security with the department in an amount determined by the department to be the greater of the following:
(1) The value of the greatest milk receipts that the dairy plant received within a consecutive 30-day period during that dairy plant's most recent fiscal year.
(2) The greatest milk receipts that the dairy plant is anticipated to receive during a 30-day period within the licensing period.
(c) ____________________, (name of dairy plant licensee) is currently licensed on the basis of its audited financial statement meeting the minimum liquidity requirement of a current ratio of at least 1.20 to 1 current assets to current liabilities. The licensee's most recent year-end financial statement audited by the firm of ______________________________ (auditor's name) meets the following minimum liquidity requirement,
(or)
____________________ (name of dairy plant licensee) has filed security with the department to secure payment to producers. The maximum amount of security is the amount determined to be the greater of the following:
(1) The value of the greatest milk receipts that the dairy plant received within a consecutive 30-day period during that dairy plant's most recent fiscal year.
(2) The greatest milk receipts that the dairy plant is anticipated to receive within a 30-day period within the licensing period, whichever is greater.
The security filed is in the following form or forms and in the amount of: _______________________________________________________".
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 288.684 - Conduct as Misdemeanor; Penalty.

288.684 Conduct as misdemeanor; penalty.
Sec. 124.
A person, alone or through an agent, as the agent of any other person, or as the officer or agent of any firm or corporation, who does any of the following is guilty of a misdemeanor punishable by a fine of not less than $250.00 and not more than $2,500.00 or imprisonment for not more than 90 days, or both:
(a) Violates this act or a rule promulgated under this act.
(b) Provides false or fraudulent information on an application or in response to a request from 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 11 - (288.670...288.686) › Section 288.686 - Restraining Order.

288.686 Restraining order.
Sec. 126.
In addition to the remedies otherwise provided in this act, the department may apply to circuit court to grant a temporary or permanent injunction restraining any person from violating this act or any rule promulgated pursuant to this act, irrespective of whether there exists an adequate remedy at law.
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 13 - (288.690...288.703) › Section 288.693 - Examination of Test Results and Inspection of Dairy Farms; Frequency.

288.693 Examination of test results and inspection of dairy farms; frequency.
Sec. 133.
The department may examine test results and inspect dairy farms as frequently as the department determines necessary to assure compliance with this act. Upon receipt of a written request from a person who purchases milk produced at a dairy farm subject to this act, the department shall provide that person with a copy of the department's inspection reports for the dairy farm.
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 13 - (288.690...288.703) › Section 288.694 - Failure of Producer to Meet Minimum Quality Standards.

288.694 Failure of producer to meet minimum quality standards.
Sec. 134.
(1) A producer who fails to meet minimum quality standards set forth in section 70 or correct insanitary farm conditions after the milk buyer or the department intervenes under this act is prohibited from selling milk for human consumption. After being prohibited, that producer may sell milk for human consumption only if the department determines that the conditions that caused the noncompliance have been corrected.
(2) A person shall not accept milk from a producer prohibited from selling milk under this section unless the department has determined that the condition causing the prohibition against that producer has been remedied.
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 13 - (288.690...288.703) › Section 288.695 - Incoming Raw Milk and Manufactured Dairy Products; Samples.

288.695 Incoming raw milk and manufactured dairy products; samples.
Sec. 135.
Incoming raw milk and manufactured dairy products shall not exceed the standards set forth in section 70. Plants receiving commingled raw milk, heat treated, or pasteurized milk will be sampled a minimum of 4 out of every 6 months. If 2 of the last 4 samples exceed the standard given, a warning notice shall be issued and the plant shall remain on warning notice as long as any 2 of the last 4 consecutive samples exceed the limits. Another sample will be collected after 3 days but within 21 days. If any sample so collected exceeds the limit of that parameter while the plant is on warning notice, the plant permit will be suspended for the violative product until the problem is corrected, after being provided notice and an opportunity for an administrative hearing. Four samples shall then be taken at the rate of not more than 2 per week on separate days within a 3-week period, and the department shall reinstate the permit for that product upon compliance with the appropriate standard. Sterilized or aseptically processed milk and dairy products shall comply with processing and biological standards established by the scheduled process under 21 C.F.R. part 113.
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 13 - (288.690...288.703) › Section 288.696 - Pasteurized Milk and Dairy Products; Sale; Processing as Low-Acid Foods.

288.696 Pasteurized milk and dairy products; sale; processing as low-acid foods.
Sec. 136.
(1) Only pasteurized milk and dairy products shall be offered for sale or sold, directly or indirectly, to the final consumer or to restaurants, grocery stores, or similar establishments except as specified in section 138.
(2) Milk and dairy 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 are processed in a milk processing facility licensed under this act, the grade A milk law of 2001, or the food law of 2000.
(b) All processors of acidified milk and milk products packaged in hermetically sealed containers comply with the regulations of the United States 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 comply with the regulations of the United States food and drug administration in 21 CFR part 108, 21 CFR part 110, and 21 CFR part 113.
(d) Hermetically sealed packages are handled to maintain product and container integrity.
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 13 - (288.690...288.703) › Section 288.697 - “Pasteurization” and “Pasteurized”; Temperature and Time Relationships.

288.697 “Pasteurization” and “pasteurized”; temperature and time relationships.
Sec. 137.
The terms "pasteurization", "pasteurized", and similar terms mean the process of heating every particle of milk or dairy products to at least the temperature and time relationships given in this section as follows or by any equivalent process approved by the federal food and drug administration and accepted by the department for that purpose:
Minimum Vat Pasteurization Temperature and Time Standards
Whole milk; skim milk; cheese milk; whey; other products with less than 10% butterfat or without added sweeteners
145°F (63°C)
30 min
Cream; condensed products; other products with 10% or more butterfat or with added sweeteners
150°F (66°C)
30 min
Eggnog; frozen dessert mix
155°F (69°C)
30 min
Cream for butter making
165°F (74°C)
30 min
Milk or cream for plastic or frozen cream
170°F (77°C)
30 min
Minimum High Temperature Short Time (HTST),
Higher Heat Short Time (HHST) and
Aseptic Pasteurization Temperature and Time Standards
Whole milk; skim milk; cheese milk;
161°F (72°C)
15 sec
whey; other products with less than 10%
191°F (89°C)
1.0 sec
butterfat or without added sweeteners
194°F (90°C)
0.5 sec
201°F (94°C)
0.1 sec
204°F (96°C)
0.05 sec
212°F (100°C)
0.01 sec
Cream; condensed products; other
166°F (75°C)
15 sec
products with 10% or more butterfat
196°F (92°C)
1.0 sec
or with added sweeteners
199°F (93°C)
0.5 sec
206°F (97°C)
0.1 sec
209°F (99°C)
0.05 sec
217°F (103°C)
0.01 sec
Eggnog; frozen dessert mix
175°F (80°C)
25 sec
180°F (83°C)
15 sec
Cream for butter making
185°F (85°C)
15 sec
Milk or cream for plastic or
frozen cream
190°F (88°C)
15 sec
Ultra-pasteurized products
280°F (138°C)
2 sec
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 13 - (288.690...288.703) › Section 288.698 - Manufacture of Cheese; Use of Unpasteurized Milk.

288.698 Manufacture of cheese; use of unpasteurized milk.
Sec. 138.
Unpasteurized milk may be used in the manufacture of cheese only as allowed in 21 C.F.R. part 133, incorporated by reference, and if the cheese has been cured or ripened (aged) for more than 60 days at a controlled temperature of not less than 35 degrees Fahrenheit (2 degrees Celsius), or as specified by FDA.
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 13 - (288.690...288.703) › Section 288.702 - Dairy Plant Employee; Requirements.

288.702 Dairy plant employee; requirements.
Sec. 142.
A person employed by a dairy plant shall comply with all of the following, if applicable:
(a) Wash his or her hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling his or her hands.
(b) Keep his or her hands clean and follow good hygienic practices while on duty.
(c) Refrain from using tobacco in any form in each room and compartment where any milk, dairy product, or other supplies are prepared, stored, or otherwise handled.
(d) Wear clean, white, or light-colored washable outer garments or apron and a cap or hairnet while engaged in receiving, testing, processing milk or dairy products, packaging, or handling dairy products.
(e) If afflicted with a communicable disease, not enter any room or compartment where milk and dairy products are prepared, manufactured, or otherwise handled.
(f) If he or she has a discharging or infected wound, sore, or lesion on hands, arms, or other exposed portion of the body, not work in any dairy processing rooms or in any capacity resulting in contact with the processing or handling of dairy products.
(g) Each employee whose work brings him or her in contact with the processing or handling of dairy products, containers, or equipment shall comply with requirements for employee health as specified under sections 2-201.11 to 2-201.15 of the food code adopted under the food law of 2000.
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 15 - (288.710...288.719) › Section 288.711 - Condensed Products; Temperature; Use of Surge, Balance, or Storage Tank.

288.711 Condensed products; temperature; use of surge, balance, or storage tank.
Sec. 151.
(1) A person may transport to a drying plant condensed skim made from pasteurized skim milk. Condensed skim shall be effectively repasteurized at the drying plant, before drying, at not less than 166°F (75°C) for 15 seconds or the equivalent period in bacterial destruction approved by the department.
(2) A person shall pasteurize all buttermilk or substance from which the cream is derived before condensing at a temperature of 161 °F (72°C) for 15 seconds or the equivalent period in bacterial destruction approved by the department.
(3) A person shall pasteurize all cheese whey or milk from which the cheese whey is derived before condensing at a temperature of 161 °F (72°C) for 15 seconds or the equivalent period in bacterial destruction approved by the department.
(4) A person shall use surge tanks or balance tanks between evaporators and a dryer only to hold the minimum amount of condensed product necessary for a uniform flow to the dryers and shall either ensure each tank holds the condensed product at temperatures specified in section 70 or completely empty and wash each tank after each 4 hours of operation or less. In either case, the person shall provide alternate tanks to permit continuous operation during washing of tanks.
(5) Production of a condensed product that exceeds the amount a dryer will take continuously from pans may be bypassed through a cooler into a storage tank at temperatures specified in section 70 and held at that temperature until a dryer is available.
(6) A person shall make product cut-off points at least every 24 hours and completely empty, wash, and sanitize a storage tank before reusing the tank.
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 15 - (288.710...288.719) › Section 288.712 - Dry Products.

288.712 Dry products.
Sec. 152.
(1) A person shall operate a dryer at not more than the manufacturer's recommended capacity for the highest quality dry product and may remodel or redesign a dryer after installation upon department approval. A person shall remove dry products from the drying chamber upon completion of each drying cycle.
(2) Before packaging and immediately following removal of a dry product from the drying chamber, a person shall cool the dry product to a temperature not exceeding 110°F (43.3°C).
(3) A person who packages a dry milk product shall ensure that each package or container used for the packaging of a dry milk product is of a clean, sound, commercially accepted material that will protect the packaged contents to the department's satisfaction. A dry milk product packager shall not package a dry milk product in a container previously used for nonfood items or food deleterious to the dairy product.
(4) A person who packages dry milk shall ensure all of the following:
(a) That empty containers are protected at all times from possible contamination.
(b) That a lined container is not lined more than 1 hour before the container is filled unless it is provided adequate protection from contamination.
(c) That precaution is taken during the filling operation to adequately minimize product dust and spillage.
(d) That, when necessary, a mechanical shaker is provided.
(e) That the tapping or pounding of containers does not occur.
(f) That a container is closed immediately after filling.
(g) That a container's exterior is vacuumed or brushed when necessary to render it practically free of product remnants before that container is removed from the filling site.
(h) That each dryer, conveyor, sifter, and storage bin is clean and maintained in a sanitary condition.
(i) That in addition to a commercial pest control service, if any, a person designated by the packager implements a regularly scheduled insect and rodent control program approved by the department.
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 15 - (288.710...288.719) › Section 288.713 - Dry Milk Product Repackaging Operator; Duties.

288.713 Dry milk product repackaging operator; duties.
Sec. 153.
(1) A person conducting a dry milk product repackaging operation shall do all of the following:
(a) Ensure that repackaging occurs in a sanitary manner and take all precautions to prevent contamination and minimize dust.
(b) Ensure that all exterior surfaces of each individual container are practically free of product before the container is wrapped or packaged in shipping containers.
(c) Keep the floor of each packaging site free of dust accumulation, waste, cartons, liners, or other refuse.
(d) Vacuum conveyors, packaging, and carton making equipment throughout each packaging day to prevent the accumulation of dust.
(e) Prohibit bottles or glass material of any kind in the repackaging or hopper room.
(f) Ensure that the inlet openings of all hoppers and bins are of a size approved by the department, screened, and placed at least 6 inches above the floor level.
(g) Clean the packaging site and all packaging equipment as often as necessary to maintain a sanitary operation and thoroughly examine and clean points of equipment where residues of the dry product may accumulate.
(h) Thoroughly clean windows, doors, walls, light fixtures, and ledges of the packaging site as frequently as necessary to maintain department standards of cleanliness and sanitation.
(i) Identify and dispose of waste dry milk products at the fillers in a manner that ensures that the waste dry milk product is not used for human consumption.
(2) A person packaging a dry milk product shall do all of the following:
(a) Store or arrange the packaged dry milk product in aisles, rows, or sections and lots at least 18 inches from any wall and in an orderly manner that allows easy access for inspection or for cleaning of the site.
(b) Place all bags and small containers of product on pallets elevated approximately 6 inches from the floor.
(c) Keep the storage site clean and dry and all openings to the storage site protected against insects and rodents.
(d) Arrange all supplies on dunnage or pallets in an orderly manner for accessibility and cleaning of the storage site.
(e) Keep supplies enclosed in their original wrapping material until used.
(f) Keep supplies removed from their original containers in an enclosed metal cabinet, bin, or on shelving, and protected from powder and dust or other contamination.
(g) Vacuum the storage site as often as necessary to preserve cleanliness and order.
(h) Take all necessary precautions throughout the entire operation to prevent the adulteration of 1 product with another.
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 15 - (288.710...288.719) › Section 288.714 - Dryers, Conveyors, Sifters, and Storage Bins; Cleaning.

288.714 Dryers, conveyors, sifters, and storage bins; cleaning.
Sec. 154.
Dryers, conveyors, sifters, and storage bins shall be cleaned as often as is necessary to maintain such equipment in a clean and sanitary condition. The kind of cleaning procedure either wet or dry and the frequency of cleaning shall be based upon observation of actual operating results and conditions.
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 15 - (288.710...288.719) › Section 288.716 - Sale of Butter; Requirements.

288.716 Sale of butter; requirements.
Sec. 156.
A person shall not sell, offer for sale or expose for sale, or have in possession with intent to sell any butter that does not conform to this act and shall not sell to the consumer any butter that has not been churned from wholesome cream and properly labeled.
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 15 - (288.710...288.719) › Section 288.717 - Butter; Grading Standards.

288.717 Butter; grading standards.
Sec. 157.
(1) Only a grader approved by the department shall grade butter.
(2) Standards for grading are those described in 7 C.F.R. 58.
(3) As used in this section, "grade" means the classification of butter by its examination for flavor, aroma, body and texture, color, salt, package, and such other factors as may be approved 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 15 - (288.710...288.719) › Section 288.718 - Butter; Chlorinating Facilities; Contamination Prevention; Containers or Packaging Materials.

288.718 Butter; chlorinating facilities; contamination prevention; containers or packaging materials.
Sec. 158.
(1) The department may require a plant to provide chlorinating facilities for butter wash water.
(2) A person who owns or operates a plant shall take all necessary precautions to prevent contamination of products.
(3) In the packaging of butter and related products, a plant shall use commercially acceptable containers or packaging material that will protect the quality of the contents in a manner acceptable to the department. All cups or tubs containing 2 pounds or less shall have tops or covers that extend over the lip of the container to protect the product from contamination during subsequent handling.
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 15 - (288.710...288.719) › Section 288.719 - Parchment Liners, Wrappers, and Other Packaging Material; Protection Against Contamination.

288.719 Parchment liners, wrappers, and other packaging material; protection against contamination.
Sec. 159.
A person who owns or operates a plant shall protect supplies of parchment liners, wrappers, and other packaging material against dust, mold, and other possible contamination and do each of the following:
(a) Prior to use, completely immerse parchment liners or bulk butter packages in a boiling salt solution within a stainless steel or other equally noncorrosive material for not less than 30 minutes.
(b) Ensure that the solution described in subdivision (a) consists of at least 15 pounds of salt for every 85 pounds of water and is strengthened or changed as frequently as necessary to keep the solution full strength and in good condition.
(c) Treat or handle liners such as polyethylene and each lined butter container in such a manner as to prevent contamination of the liner prior to filling.
(d) Print and package consumer size containers of butter under sanitary conditions.
(e) Legibly mark commercial bulk shipping containers with the name of the product, net weight, name and address of manufacturer, processor or distributor, or an assigned plant identification number or any other identification that the department may require.
(f) Mark packages of plastic or frozen cream with the percent of milkfat.
(g) Except as provided in subdivisions (i) through (k), keep all products under refrigeration at temperatures of 45°F (4.7°C) or lower after packaging and until ready for shipment.
(h) Ensure that the products are not placed directly on floors or exposed to foreign odors or conditions such as drippage due to condensation which might cause package or product damage.
(i) If plastic cream or frozen cream is to be quick-frozen, place the product in quick freezer rooms immediately after packaging, and ensure rapid and complete freezing within 24 hours by doing all of the following:
(i) Pile or space the packages in a manner that allows air to freely circulate among and around the packages.
(ii) Maintain the rooms at -10°F (-23°C) or lower.
(iii) Equip each room to provide sufficient high-velocity air circulation for rapid freezing.
(iv) After the products have been completely frozen, retain them in the quick freezer or transfer them to a freezer storage room for continued storage.
(j) Maintain each freezer storage room at a temperature of 0°F (-18°C) or lower and ensure each freezer storage room has adequate air circulation.
(k) Place butter intended to be held more than 30 days in a freezer storage room immediately after packaging, and if that butter is not frozen before being placed in the freezer, arrange each unfrozen butter package in a manner that permits rapid freezing, and keep each package in that arrangement until frozen.
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 17 - (288.730...288.740) › Section 288.731 - Manufacturing or Processing Cheese; Pasteurization Temperature and Time Standards; Equipment.

288.731 Manufacturing or processing cheese; pasteurization temperature and time standards; equipment.
Sec. 171.
(1) A person that manufactures or processes cheese shall pasteurize milk to be used for making cheese or cheese culture by subjecting every particle of the milk to a minimum temperature of 161°F (72°C) for not less than 15 seconds or to other pasteurization temperature and time standards listed in section 137, except as provided for in section 138. A person that manufactures or processes cheese shall equip high temperature short-time pasteurization units with the proper controls and equipment to assure pasteurization. Milk held more than 2 hours between time of receipt or pasteurization and culturing shall be cooled to 45°F (7°C) or lower, until the time of culturing.
(2) A person that manufactures or processes cheese and engages in vat pasteurization shall use only equipment meeting the requirements of sanitary standards.
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 17 - (288.730...288.740) › Section 288.733 - Supplying Processed Cheese to Filler or Slice Former; Requirements.

288.733 Supplying processed cheese to filler or slice former; requirements.
Sec. 173.
Hot fluid cheese from cookers may be held in hotwells or hoppers to assure a constant and even supply of processed cheese to the filler or slice former. A person that manufactures or processes cheese shall ensure all of the following:
(a) That filler valves effectively measure the desired amount of product into a pouch or container in a sanitary manner and shall cut off sharply without drip or drag of cheese across the opening.
(b) That an effective system is used to maintain accurate and precise weight control.
(c) That damaged or unsatisfactory packages are removed from production and that cheese is, at the plant's option, salvaged into sanitary containers and added back to the cookers.
(d) That pouches, liners, or containers having product contact surfaces after filling are folded or closed and sealed in a sanitary manner approved by the department to prevent contamination.
(e) That, in addition to other required labeling, each container is coded in a manner as to be easily identified as to date of manufacture by lot or sublot number.
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 17 - (288.730...288.740) › Section 288.734 - Evaporated, Condensed, or Sterilized Dairy Products; Systems and Equipment Requirements.

288.734 Evaporated, condensed, or sterilized dairy products; systems and equipment requirements.
Sec. 174.
(1) A person that manufactures, processes, or packages evaporated, condensed, or sterilized dairy products shall ensure that the equipment and utensils used for processing and packaging evaporated, condensed, or sterilized dairy products comply with sections 135 through 143 and each of the following requirements:
(a) All equipment used in the removal of moisture from milk or dairy products for the purpose of concentrating the solids meets sanitary standards.
(b) Gravity and vacuum-type fillers are of sanitary design and, except as provided in subdivision (c), all product contact surfaces, if metal, are made of stainless steel or an equally corrosion resistant material approved by the department.
(c) Nonmetallic product contact surfaces meet standards established or approved by the department.
(d) Fillers are designed to prevent contamination of, or detraction from, the quality of the product being packaged.
(e) Batch or continuous in-container sterilizers are equipped with accurate temperature controls and effective valves for regulating the sterilization process and the equipment is maintained to assure control of the length of time of processing, and to minimize the number of damaged containers.
(2) If applicable, a person who owns or operates a plant described in section 140 or 141 shall use homogenizers to reduce the size of fat particles and to evenly disperse those particles in the product and ensure that each homogenizer meets sanitary standards.
(3) Pasteurization shall be performed by systems and equipment meeting the requirements identified in section 139.
(4) A person shall fill and hermetically seal containers with product in a sanitary manner, and ensure that each container does not contaminate or detract from the quality of the product.
(5) A person shall ensure that bulk containers or retail containers for unsterilized product meet department standards to protect a product in storage or transit. Each bulk container, including bulk tankers, shall be cleaned and sanitized before filling and filled and closed in a sanitary manner.
(6) A previously sterilized product shall be filled under conditions which prevent contamination of the product by living organisms or spores. Prior to being filled, a container shall be sterilized and maintained in a sterile condition. A filled container shall be sealed in a manner that prevents contamination of the product.
(7) All sterilized or aseptically processed product must comply with the requirements set forth by the scheduled process and the food and drug administration under 21 C.F.R. part 113.
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 17 - (288.730...288.740) › Section 288.735 - Frozen Dessert; Pasteurization.

288.735 Frozen dessert; pasteurization.
Sec. 175.
(1) A person who manufactures frozen desserts shall maintain and operate the plant with strict regard for the purity and wholesomeness of the frozen desserts produced.
(2) A frozen dessert shall be manufactured, processed, sold, offered for sale, or delivered only if it has been made from a mixture that has been properly pasteurized by heating every particle of the mixture pursuant to subsection (3)(a) or (b).
(3) A frozen dessert mixture, including sweetners, emulsifiers, and stabilizers, described in subsection (2) shall be pasteurized to either of the following:
(a) To a temperature and time standard listed in section 137, but not lower than 155°F (69°C) and holding at such temperature continuously for not less than 30 minutes and promptly cooling to a temperature of 45°F (7°C) or lower.
(b) To a temperature not lower than 175°F (80°C) for not less than 25 seconds or 180°F (83°C) for 15 seconds in equipment meeting the requirements of the department and those set forth in sanitary standards and promptly cooling to a temperature of 45°F (7°C) or lower.
(4) A frozen dessert mixture described in subsection (2) shall be pasteurized in equipment provided with an indicating thermometer and approved recording thermometer, the charts for which shall be dated and held for a period of at least 180 days. This subsection does not prohibit the use of another pasteurization process that has been recognized by the department to be equally efficient and that is approved by the department.
(5) All frozen dessert mixes shall be pasteurized at the final freezing location unless the pasteurized mix is packaged in approved single service containers of 5 gallons or less, or as approved by the director. Frozen dessert plants that transport pasteurized bulk mix in bulk milk tankers dedicated to hauling pasteurized products on the effective date of this act may continue this practice with the written approval of the director on a case-by-case basis.
History:
2001, Act 267, Eff. Feb. 8, 2002
Compiler's Notes:
In subsection (3), “sweetners” evidently should read “sweeteners.”
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740) › Article 17 - (288.730...288.740) › Section 288.736 - Equipment; Compliance With Sanitary Standards.

288.736 Equipment; compliance with sanitary standards.
Sec. 176.
A person shall ensure that all new equipment meets applicable sanitary standards. Equipment and utensils coming in contact with milk, dairy products, mix or frozen desserts, including sanitary pumps, piping, fittings, and connections, shall be constructed of stainless steel or other equally corrosion-resistant material. However, where the use of stainless steel is not practicable, or in old equipment, other metals properly coated or plated may be approved in writing by the director on a case-by-case basis. Nonmetallic parts having product contact surfaces shall be of material that meets sanitary standards.
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 17 - (288.730...288.740) › Section 288.737 - Frozen Desserts; Temperature of Dairy Products Received in Fluid Form; Rerun Standards; Packaging; Labeling.

288.737 Frozen desserts; temperature of dairy products received in fluid form; rerun standards; packaging; labeling.
Sec. 177.
(1) A person shall ensure that milk, cream, and dairy products in fluid form received at a frozen dessert plant for use in mixes are immediately cooled to a temperature of 45°F (7°C) or less and maintained at that temperature until pasteurized. Mixes shall be assembled and pasteurized in a dairy plant.
(2) A person shall ensure that spilled frozen desserts and ingredients are discarded. Rerun shall be handled in sanitary containers properly covered and stored at or below 45°F (7°C) or shall be piped directly back to vats. Rerun which has been strained to remove nuts, fruits, or other ingredients shall be repasteurized and shall be used only as mix for products which contain the same ingredients. Frozen desserts that have been distributed shall not be returned to the manufacturer for repasteurization and processing. Flavoring and bulky ingredients may be added to mix after pasteurization.
(3) A person shall ensure that frozen desserts and mix are packaged in commercially acceptable containers and packaging material that will protect the quality of the contents in regular channels of trade. The packaging, cutting, molding, dispensing, and other handling or preparation of mix or frozen desserts and their ingredients shall be done in a sanitary manner. Plastic or rubber gloves shall be worn when handling frozen desserts for molding, cutting, or similar hand contact work.
(4) Frozen desserts shall be labeled as specified in section 143(2), (3), (4), (5), and (6). Bulk ice cream containers with removable lids, such as those used for hand dipping, shall be labeled on the body of the container.
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 17 - (288.730...288.740) › Section 288.738 - Nonconforming New Frozen Dessert or Mix; Submission of Label for Review and Approval.

288.738 Nonconforming new frozen dessert or mix; submission of label for review and approval.
Sec. 178.
New frozen desserts not conforming to existing standards shall be manufactured in accordance with sanitation standards established in this act and shall also comply with the bacteria count standards, coliform determinations, and storage temperatures where applicable, set forth in section 70. A person, firm, or corporation, before manufacturing and marketing any frozen dessert or mix which varies from the standards set forth in this act, shall notify the department of its intent to manufacture or market a frozen dessert or mix and shall submit for review and approval a proposed copy of the label for the new frozen dessert or mix.
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 17 - (288.730...288.740) › Section 288.739 - Vehicle to Transport Mix, Frozen Desserts, and Ingredients; Construction and Operation; Cleaning.

288.739 Vehicle to transport mix, frozen desserts, and ingredients; construction and operation; cleaning.
Sec. 179.
A person shall ensure that a vehicle including a mobile frozen dessert plant used for the transportation of mix, frozen desserts, and their ingredients is constructed and operated so as to protect the contents from heat, sun, and contamination. The vehicle shall be kept clean, and no substance capable of contaminating mix, frozen desserts, and their ingredients shall be transported in the vehicle. Where applicable, a frozen dessert plant shall provide an area for unloading vehicles that can be maintained in a sanitary condition. This area should be surfaced with concrete or blacktop.
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 17 - (288.730...288.740) › Section 288.740 - Mobile Frozen Dessert Plant; Requirements.

288.740 Mobile frozen dessert plant; requirements.
Sec. 180.
A person that owns or operates a mobile frozen dessert plant shall ensure all of the following:
(a) A mobile frozen dessert plant meets all requirements of this act exclusive of toilet facilities.
(b) A mobile frozen dessert plant has a potable water supply tank, of sufficient capacity, tilted toward a capped drain cock. The water inlet pipes shall be of removable flexible copper or other approved tubing with the nozzle for the hose connection capped and fully protected when not being used. A hose for connection to a potable water supply shall be provided and used exclusively for that purpose.
(c) A mobile frozen dessert plant has a suitable waste tank with a capacity at least equal to the water supply tank that is tilted toward a drain cock with an adequate method of gauging the contents. It shall be emptied and flushed as often as necessary at an approved location, in order to maintain sanitary conditions.
(d) A mobile frozen dessert plant has a refrigerated box of ample capacity for storage of the various ingredients carried that need refrigeration and constructed of noncorrosive material, the floor of which is pitched toward a drain. Temperature shall be maintained at 45°F (7°C) or lower in the refrigerated box, and it shall be equipped with an indicating thermometer.
(e) Mix to be frozen in a mobile frozen dessert plant is packaged in a single service container of 5 gallons or less at the place of manufacture.
(f) A mobile frozen dessert plant has a refrigerated syrup rail with a holding plate to maintain temperatures of 50°F (10 °C) or below.
(g) A mobile frozen dessert plant has a refuse can located within the mobile plant and a waste can or container for deposit of cups, papers, and other refuse by customers outside the mobile plant. Both shall be kept clean and so located as not to create a nuisance.
(h) Utensils, equipment, and multiuse containers in a mobile frozen dessert plant are washed and sanitized in the mobile plant after each day's use.
History:
2001, Act 267, Eff. Feb. 8, 2002
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Repealed - Act 263 of 1917 - Food and Drug Commissioner (289.2 - 289.12)

FOOD AND DRUG COMMISSIONER
Act 263 of 1917
289.2-289.12 Repealed. 2000, Act 121, Imd. Eff. May 30, 2000.
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 211 of 1893 - Dairy and Food Commissioner (289.35 - 289.49) › Section 289.35 - State Food Analyst, Chemists, Inspectors; Oath, Tenure, Laboratory, Salaries, Expenses, Chemical Supplies.

289.35 State food analyst, chemists, inspectors; oath, tenure, laboratory, salaries, expenses, chemical supplies.
Sec. 5.
The commissioner shall appoint a suitable and competent person as state analyst, who shall be a practical analytical chemist. The commissioner may appoint an assistant chemist and such inspectors as shall be necessary to carry out the provisions of this act. Before entering upon the duties of their offices, they shall take, subscribe and file in the office of the secretary of state the constitutional oath of office. Their term of office shall continue during the pleasure of the commissioner. The board of state auditors shall provide a room for the laboratory of the state analyst and his assistant, and the necessary furniture and fixtures therefor. In case of the absence or inability of the state analyst or his assistant to perform their duty, the commissioner may appoint some competent person to perform the same temporarily, which person shall take, subscribe and file the constitutional oath of office. The salaries of all employes hereby authorized, and the necessary expenses thereof while traveling in performing any of their duties, shall be paid in the same manner as the salaries and expenses of other state officers and employes. Such an amount as is found to be necessary in the proper performance of the work of the analyst may be expended for chemical supplies.
History:
1893, Act 211, Eff. Aug. 28, 1893 ;-- Am. 1895, Act 245, Imd. Eff. June 1, 1895 ;-- Am. 1897, Act 154, Imd. Eff. May 24, 1897 ;-- CL 1897, 4977 ;-- Am. 1901, Act 186, Imd. Eff. May 29, 1901 ;-- Am. 1903, Act 230, Eff. Sept. 17, 1903 ;-- Am. 1905, Act 12, Imd. Eff. Mar. 9, 1905 ;-- CL 1915, 6364 ;-- CL 1929, 5407 ;-- Am. 1933, Act 163, Imd. Eff. June 22, 1933 ;-- CL 1948, 289.35
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 211 of 1893 - Dairy and Food Commissioner (289.35 - 289.49) › Section 289.38 - Giving of Certificate by State Analyst Unlawful.

289.38 Giving of certificate by state analyst unlawful.
Sec. 8.
It shall be unlawful for the state analyst, while he holds his office, to furnish to any individual, firm or corporation, any certificate as to the purity or excellence of any article manufactured or sold by them to be used as food or in the preparation of food.
History:
1893, Act 211, Eff. Aug. 28, 1893 ;-- CL 1897, 4980 ;-- CL 1915, 6367 ;-- CL 1929, 5410 ;-- CL 1948, 289.38