reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 287 - Animal Industry › Act 274 of 2000 - Large Carnivore Act (287.1101 - 287.1123) › Section 287.1120 - Return of Seized Large Carnivore to Owner; Conditions; Notice; Order of Forfeiture; Liability for Care and Placement Costs.

287.1120 Return of seized large carnivore to owner; conditions; notice; order of forfeiture; liability for care and placement costs.
Sec. 20.
(1) A law enforcement officer shall return a seized large carnivore to the owner of the large carnivore within 7 days after the occurrence of any of the following:
(a) The failure to issue a warrant against the owner of the large carnivore for committing a misdemeanor under section 15 or to file a complaint under section 16(3) within 10 days after the large carnivore is seized.
(b) The dismissal of charges against the owner of the large carnivore under section 15 or of a complaint under section 16(3), as applicable.
(c) The court's determination that an order for the large carnivore to be forfeited shall not be entered.
(d) The acquittal of the owner of the large carnivore of any charges under section 15.
(e) Entry of a court order under this act for the return of the large carnivore.
(2) If a large carnivore is returned under subsection (1), the law enforcement officer shall give written notice to the persons who received notice under section 18 that the large carnivore has been returned. The notice under this subsection shall be delivered in person or sent by certified mail. If the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the large carnivore was seized for 10 successive publishing days.
(3) If the court orders a large carnivore to be forfeited, the order of forfeiture shall direct that each large carnivore be transferred to a wildlife sanctuary approved by the association of sanctuaries, an animal protection shelter, or a zoo accredited by the American zoo and aquarium association, where the large carnivore will be safely and humanely cared for. However, subject to section 10, if the large carnivore killed or injured a human or an animal, the order of forfeiture may direct that the large carnivore be humanely euthanized by a veterinarian. An order of forfeiture shall also revoke any permit that may have been issued for the large carnivore under section 4 and order payment of costs under subsection (4). The forfeiture is a civil forfeiture.
(4) If a large carnivore is seized, the owner of the large carnivore is liable for the costs of placement and care for the large carnivore from the time of seizure until the time of return or forfeiture and, if a large carnivore is ordered to be forfeited and euthanized, for the costs of humanely euthanizing and disposing of the large carnivore. This subsection does not apply if the large carnivore is returned under subsection (1) or section 19.
History:
2000, Act 274, Imd. Eff. July 7, 2000
2023 Michigan Compiled Laws › Chapter 287 - Animal Industry › Act 274 of 2000 - Large Carnivore Act (287.1101 - 287.1123) › Section 287.1121 - Local Ordinance More Restrictive Than Act; Requirements as Additional to Other State and Federal Law.

287.1121 Local ordinance more restrictive than act; requirements as additional to other state and federal law.
Sec. 21.
(1) A local unit may adopt an ordinance governing large carnivores that is more restrictive than this act.
(2) The requirements of this act are in addition to any other requirements governing a large carnivore under state and federal law.
History:
2000, Act 274, Imd. Eff. July 7, 2000
2023 Michigan Compiled Laws › Chapter 287 - Animal Industry › Act 274 of 2000 - Large Carnivore Act (287.1101 - 287.1123) › Section 287.1122a - Breeding License; Requirements.

287.1122a Breeding license; requirements.
Sec. 22a.
Subject to section 22b, a person who meets all of the following requirements may apply to the department for a breeding license to breed large carnivores:
(a) Is conducting a for-profit or nonprofit business, if the primary purpose of that business is the presentation of animals including large carnivores to the public for education or exhibition purposes.
(b) Is a class C licensee that possesses and maintains a class C license under 9 CFR parts 1 and 2.
(c) Meets or exceeds all standards required of a class C licensee under 9 CFR parts 1 and 2, including, but not limited to, standards for training, housing, care, and transport of large carnivores. If the United States Department of Agriculture has, within the last 5 years, confiscated an animal of, or issued a finally determined direct or critical noncompliance to or a civil penalty, including a cease and desist order, a monetary penalty, or a license suspension or revocation against, a class C licensee, that class C licensee does not meet the requirement under this subdivision.
(d) Does not allow a patron to come into direct contact with a large carnivore.
(e) Does not sell large carnivores, except to another person that meets the requirements of this section.
History:
Add. 2018, Act 610, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 287 - Animal Industry › Act 274 of 2000 - Large Carnivore Act (287.1101 - 287.1123) › Section 287.1123 - Information Provided to Pet Shop, Animal Control Shelter, and Animal Protection Shelter.

287.1123 Information provided to pet shop, animal control shelter, and animal protection shelter.
Sec. 23.
The department shall provide each pet shop, animal control shelter, and animal protection shelter with information on the requirements of this act.
History:
2000, Act 274, Imd. Eff. July 7, 2000
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 169 of 1929 - Dairy Products (288.1 - 288.15)

DAIRY PRODUCTS
Act 169 of 1929
288.1-288.15 Repealed. 1956, Act 216, Eff. July 1, 1957;—1965, Act 233, Eff. June 30, 1966;—1965, Act 385, Eff. June 30, 1966.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 233 of 1965 - Fluid Milk Act of 1965 (288.21 - 288.29a)

FLUID MILK ACT OF 1965
Act 233 of 1965
288.21-288.29a Repealed. 1996, Act 91, Imd. Eff. Feb. 27, 1996;—2001, Act 266, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 139 of 1939 - Breed Names of Dairy Cattle (288.41 - 288.45)

BREED NAMES OF DAIRY CATTLE
Act 139 of 1939
288.41-288.45 Repealed. 1964, Act 256, Eff. Aug. 28, 1964.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 212 of 1935 - Milk Fat Test Law (288.51 - 288.60)

MILK FAT TEST LAW
Act 212 of 1935
288.51-288.60 Repealed. 1984, Act 52, Imd. Eff. Apr. 12, 1984;—2001, Act 267, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 216 of 1956 - Milk and Milk Products (288.71 - 288.83)

MILK AND MILK PRODUCTS
Act 216 of 1956
288.71-288.83 Repealed. 1965, Act 233, Eff. June 30, 1966;—1965, Act 385, Eff. June 30, 1966.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 222 of 1913 - Manufacturing Milk Act (288.101 - 288.117)

MANUFACTURING MILK ACT
Act 222 of 1913
288.101-288.117 Repealed. 1973, Act 201, Imd. Eff. Jan. 11, 1974;—1993, Act 134, Eff. Apr. 1, 1994 ;—1996, Act 361, Imd. Eff. July 2, 1996;—2001, Act 267, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 91 of 1962 - Processing Dairy Products by Steam Infusion (288.121 - 288.126)

PROCESSING DAIRY PRODUCTS BY STEAM INFUSION
Act 91 of 1962
288.121-288.126 Repealed. 1967, Act 22, Eff. Nov. 2, 1967.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 291 of 1947 - Pasteurization of Milk and Milk Products (288.131 - 288.137)

PASTEURIZATION OF MILK AND MILK PRODUCTS
Act 291 of 1947
288.131-288.137 Repealed. 1967, Act 45, Eff. Nov. 2, 1967.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 45 of 1967 - Pasteurization of Milk and Milk Products (288.141 - 288.149)

PASTEURIZATION OF MILK AND MILK PRODUCTS
Act 45 of 1967
288.141-288.149 Repealed. 2001, Act 267, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 293 of 1945 - Pasteurization of Milk and Other Dairy Products (288.151 - 288.153)

PASTEURIZATION OF MILK AND OTHER DAIRY PRODUCTS
Act 293 of 1945
288.151-288.153 Repealed. 2001, Act 267, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 93 of 1915 - Pasteurization of By-Products (288.161 - 288.162)

PASTEURIZATION OF BY-PRODUCTS
Act 93 of 1915
288.161,288.162 Repealed. 2001, Act 267, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 330 of 1945 - Michigan Filled Milk Act (288.171 - 288.177)

MICHIGAN FILLED MILK ACT
Act 330 of 1945
288.171-288.177 Repealed. 1984, Act 161, Imd. Eff. June 27, 1984.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 96 of 1919 - Official Cream Tester (288.181 - 288.184)

OFFICIAL CREAM TESTER
Act 96 of 1919
288.181-288.184 Repealed. 2000, Act 122, Imd. Eff. May 30, 2000.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 155 of 1939 - Overrun in Manufacture of Butter; Records (288.201 - 288.206)

OVERRUN IN MANUFACTURE OF BUTTER; RECORDS
Act 155 of 1939
288.201-288.206 Repealed. 2001, Act 267, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 211 of 1955 - Butter Grading and Labeling (288.211 - 288.217)

BUTTER GRADING AND LABELING
Act 211 of 1955
288.211-288.217 Repealed. 2001, Act 267, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 63 of 1913 - Oleomargarine or Margarine (288.251 - 288.257)

OLEOMARGARINE OR MARGARINE
Act 63 of 1913
288.251-288.257 Repealed. 1962, Act 76, Eff. Mar. 28, 1963;—2001, Act 267, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 45 of 1891 - Butter Substitutes in Public Institutions (288.261 - 288.262)

BUTTER SUBSTITUTES IN PUBLIC INSTITUTIONS
Act 45 of 1891
288.261,288.262 Repealed. 1985, Act 74, Imd. Eff. July 1, 1985.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 222 of 1931 - Michigan Ice Cream Act (288.301 - 288.315)

MICHIGAN ICE CREAM ACT
Act 222 of 1931
288.301-288.315 Repealed. 1961, Act 222, Imd. Eff. June 7, 1961;—1968, Act 298, Eff. July 1, 1968.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 298 of 1968 - Frozen Desserts Act of 1968 (288.321 - 288.334)

FROZEN DESSERTS ACT OF 1968
Act 298 of 1968
288.321-288.334 Repealed. 2001, Act 267, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 257 of 1911 - Opening or Interfering With Milk Bottles (288.371 - 288.372)

OPENING OR INTERFERING WITH MILK BOTTLES
Act 257 of 1911
288.371,288.372 Repealed. 2001, Act 267, Eff. Feb. 8, 2002.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 77 of 1977 - Polybrominated Biphenyl Contamination (288.421 - 288.436)

POLYBROMINATED BIPHENYL CONTAMINATION
Act 77 of 1977
288.421-288.436 Expired. 1977, Act 77, Eff. Sept. 30, 1982.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Repealed - Act 220 of 1983 - Silos Treated With Polychlorinated Biphenyls (288.451 - 288.454)

SILOS TREATED WITH POLYCHLORINATED BIPHENYLS
Act 220 of 1983
288.451-288.454 Repealed. 2016, Act 255, Eff. Sept. 26, 2016.
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 266 of 2001 - Grade a Milk Law of 2001 (288.471 - 288.540) › Article I - (288.471...288.477) › Section 288.471 - Short Title.

288.471 Short title.
Sec. 1.
This act shall be known and may be cited as the "grade A milk law of 2001".
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 I - (288.471...288.477) › Section 288.477 - Definitions; T to W.

288.477 Definitions; T to W.
Sec. 7.
As used in this act:
(a) "Transfer station" means any place, premises, or establishment where milk or milk products are transferred directly from 1 milk tank truck to another.
(b) "Verified financial statement" means a financial statement that contains a notarized statement, signed and sworn to by an authorized representative of the milk plant, attesting that the financial statement is correct.
(c) "Wholesale" means selling or offering to sell dairy products to retailers, jobbers, or distributors rather than directly to a consumer.
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 II - (288.490...288.495) › Section 288.490 - Administration of Act and Promulgation of Rules; Adoption and Incorporation by Reference of Pasteurized Milk Ordinance; "Regulatory Agency" Amended; Water for Milk Operations and Purposes.

288.490 Administration of act and promulgation of rules; adoption and incorporation by reference of pasteurized milk ordinance; "regulatory agency" amended; water for milk operations and purposes.
Sec. 20.
(1) The department shall administer this act and may promulgate rules for its implementation and enforcement and adopt revisions of references cited in this act, pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Except as otherwise specifically defined or described in this act, the pasteurized milk ordinance is adopted and incorporated by reference. Where the words "regulatory agency" are used in these ordinances, they are amended to read the "Michigan department of agriculture" and where "the ____ of ____" are used in these ordinances, they are amended to read "the state of Michigan".
(2) Water for the milkhouse and milking operations and for milk plant purposes shall be from a supply properly located and protected and shall be easily accessible, adequate, and of a safe sanitary quality. Recommendations shall be made to the department by the department of environmental quality according to the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.
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 II - (288.490...288.495) › Section 288.491 - Imposition of Different Standards or Requirements Prohibited; Out-of-State Produced Milk or Milk Products.

288.491 Imposition of different standards or requirements prohibited; out-of-state produced milk or milk products.
Sec. 21.
(1) A political subdivision of the state shall not impose any different standards or requirements for grade A milk and grade A milk products other than those provided for in this act and shall not prohibit the sale of grade A milk and grade A milk products if produced and processed as grade A milk under supervision of the department. The director shall furnish copies of its inspection reports on any dairy farm producing grade A milk to a purchaser of grade A milk from that farm upon written request.
(2) A sanitary standard or similar requirement issued under this act shall not prohibit the sale of grade A milk or grade A milk products that are produced or processed under laws or rules of a governmental unit, outside the state, that are substantially equivalent to the requirements of the rules promulgated under this act and which are enforced with equal effectiveness, as determined by the director, if the governmental unit accepts Michigan grade A milk and milk products certified by a Michigan sanitation rating officer.
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 II - (288.490...288.495) › Section 288.492 - Inspecting, Sampling, and Investigating Conditions; Authority of Director to Enter Premises or Vehicles.

288.492 Inspecting, sampling, and investigating conditions; authority of director to enter premises or vehicles.
Sec. 22.
The director, after proper identification, is authorized and has the power to enter all dairy farms, milk plants, single service manufacturing facilities, milk tank truck cleaning facilities, receiving stations, transfer stations, distribution facilities, vehicles used to transport milk and milk products, and single service manufacturers under its jurisdiction for the purpose of inspecting, sampling, and investigating conditions relating to the enforcement of this act.
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 II - (288.490...288.495) › Section 288.493 - Seizure; Procedures.

288.493 Seizure; procedures.
Sec. 23.
The director may seize or hold for investigation any milk, milk product, or equipment that the director has reason to believe is adulterated, constitutes or may be contributing to an imminent health hazard, or violates this act. Such milk, milk products, or equipment shall not be disposed of until a release is secured 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.
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 II - (288.490...288.495) › Section 288.494 - Declaration of Imminent Health Hazard; Findings; Prohibited Conduct; Dairy Animals Classified as Tuberculosis Reactors.

288.494 Declaration of imminent health hazard; findings; prohibited conduct; dairy animals classified as tuberculosis reactors.
Sec. 24.
(1) Whenever the director finds in any dairy farm, dairy plant, receiving station, transfer station, or vehicle any milk, milk product, or other product that contains any unwholesome substance or that may be poisonous or deleterious to health or otherwise unsafe, such milk, milk product, or other product shall be declared by the director as an imminent health hazard. The director shall condemn, destroy, or in any other manner render the same unsalable as human food.
(2) A person shall not remove a condemnation or seizure tag attached to any container of condemned milk or milk product and shall not transfer condemned milk to another container and sell or offer for sale the condemned milk for human consumption.
(3) Any dairy animals that are officially classified as tuberculosis reactors as defined in title 9 of the code of federal regulations and the bovine tuberculosis eradication: uniform methods and rules, effective January 22, 1999, approved by veterinary services of the animal plant health inspection service of the United States department of agriculture, and all amendments to those publications thereafter adopted pursuant to rules that the director may promulgate, shall be milked last or in separate equipment and the milk from these dairy animals shall not be used or sold for human or animal consumption.
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 II - (288.490...288.495) › Section 288.495 - Repeal of MCL 288.21 to 288.29a and R 285.408.1 to R 285.408.5.

288.495 Repeal of MCL 288.21 to 288.29a and R 285.408.1 to R 285.408.5.
Sec. 25.
(1) The fluid milk act of 1965, 1965 PA 233, MCL 288.21 to 288.29a, is repealed effective 30 days after enactment of this act.
(2) R 285.408.1 to R 285.408.5 of the Michigan administrative code are repealed effective 30 days after enactment of this act.
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 III - (288.500...288.506) › Section 288.502 - Certified Industry Farm Inspectors; License Fee; Requirements.

288.502 Certified industry farm inspectors; license fee; requirements.
Sec. 32.
(1) Each certified industry farm inspector shall pay a 3-year license fee of $150.00 for a license to conduct certified farm inspections. License renewal shall take place on the completion date of the 3-year certification.
(2) Certified industry farm inspectors must comply with the requirements for certified inspectors listed in 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 all producers, with a copy of each required inspection forwarded to the local area dairy inspector.
(3) Certified industry farm inspectors may perform official inspections, only with authorization by the director.
History:
2001, Act 266, Eff. Feb. 8, 2002 ;-- Am. 2010, Act 41, Imd. Eff. Mar. 31, 2010
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 266 of 2001 - Grade a Milk Law of 2001 (288.471 - 288.540) › Article III - (288.500...288.506) › Section 288.503a - Receipt of Completed Application; Issuance of License Within Certain Time Period; "Completed Application" Defined.

288.503a Receipt of completed application; issuance of license within certain time period; "completed application" defined.
Sec. 33a.
(1) The department shall issue an initial or renewal license or permit for regulated activities described in sections 31 and 33, other than a grade A dairy farm, a bulk milk hauler/sampler, or a certified industry farm inspector, 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 any agency or department of this state.
(2) If the application is considered incomplete by the department, the department shall notify the applicant in writing, or make 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 does not operate as 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.
(3) 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 or deny 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 or permit fee was refunded or discounted under this subsection.
(4) As used in this section, "completed application" means an application that is 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 277, Imd. Eff. July 23, 2004 ;-- Am. 2008, Act 136, Eff. June 20, 2008 ;-- Am. 2018, Act 301, Imd. Eff. June 29, 2018
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 266 of 2001 - Grade a Milk Law of 2001 (288.471 - 288.540) › Article III - (288.500...288.506) › Section 288.504 - Temporary License or Permit.

288.504 Temporary license or permit.
Sec. 34.
The director may issue a temporary license or permit for activities regulated by this act if the director determines that issuance of the license or permit will not be detrimental to the protection of the public health, safety, or welfare or will not cause an imminent threat of financial loss to producers.
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 III - (288.500...288.506) › Section 288.505 - Special License Fees or Taxes.

288.505 Special license fees or taxes.
Sec. 35.
A political subdivision of the state shall not levy special license fees or taxes on 1 or more of the persons or businesses described in this article except for taxes or fees that are generally levied on persons or businesses other than milk plants and milk plant operators.
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 III - (288.500...288.506) › Section 288.506 - Access to Markets for Grade a Milk and Milk Products; Certificate of Free Sale; Application; Fees; "Certificate of Free Sale" Defined.

288.506 Access to markets for grade A milk and milk products; certificate of free sale; application; fees; "certificate of free sale" defined.
Sec. 36.
(1) To facilitate continued access to markets for grade A milk and milk products, the department may do 1 or both of the following:
(a) At the request of a processor or producer or based upon records voluntarily supplied by a processor or producer, inspect, audit, or certify milk plants where grade A milk or milk products are processed, pasteurized, or aseptically processed in this state.
(b) Issue certificates of free sale under subsection (3).
(2) A processor or producer 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, the department shall issue a certificate of free sale. If the department determines that the application does not meet the requirements of this act, the department shall deny the application and send a written notice to the processor or producer stating the reasons for the denial.
(4) If a certificate of free sale is issued under subsection (3), the processor or producer 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 grade A milk or milk 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 129, Imd. Eff. June 29, 2022
2023 Michigan Compiled Laws › Chapter 288 - Dairy Industry › Act 266 of 2001 - Grade a Milk Law of 2001 (288.471 - 288.540) › Article IV - (288.510...288.518) › Section 288.510 - Purchasing Milk for Resale or Manufacture Into Another Product; Payment; Manner; Dates; Issuance of Check; Notation.

288.510 Purchasing milk for resale or manufacture into another product; payment; manner; dates; issuance of check; notation.
Sec. 40.
(1) A person purchasing milk for resale or manufacture into another product shall pay the producer in a manner and on dates set by the United States department of agriculture milk market administrator or as mutually agreed upon by the producers, the milk plant, and the department. The department shall revoke or deny a license issued under this act for a violation of this subsection.
(2) A person purchasing milk for resale or manufacture into another product shall not issue a check for payment to the producer unless the name of the person issuing the check is noted on the check.
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 IV - (288.510...288.518) › Section 288.511 - Security Device as Condition to Issuance and Maintenance of License; Exemption.

288.511 Security device as condition to issuance and maintenance of license; exemption.
Sec. 41.
(1) The department shall revoke or deny a license for a milk plant 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 milk plant that is a first receiving point for milk shall provide 1 or more of the security devices described in section 42, 43, or 44.
(2) 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 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 IV - (288.510...288.518) › Section 288.514 - Prepayment.

288.514 Prepayment.
Sec. 44.
A licensee or applicant for licensure as a milk plant not providing a security device under section 42 or 43 shall provide an agreement in which the milk 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 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 IV - (288.510...288.518) › Section 288.516 - Change in Security Device; Circumstances; Decision by Department to Require Modification of Security Device; Notice to Producers Shipping Milk.

288.516 Change in security device; circumstances; decision by department to require modification of security device; notice to producers shipping milk.
Sec. 46.
(1) A milk plant may request a change in its security device at any time. The department shall allow the change in the milk 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 milk 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 milk plant no longer meets the minimum liquidity requirement of this act.
(b) The milk plant can no longer make payments in the manner provided for in section 40.
(c) The value of the milk 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 milk 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 milk to a milk plant of the decision to require the milk 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 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 IV - (288.510...288.518) › Section 288.517 - Breach of Secured Obligation; Filing Verified Proof of Claim or Evidence of Default; Entry of Department Order Requiring Creditors to File Claims; Publication of Order; Audit by Department; Order Allowing or Disallowing Each Claim; Collection of Amount From Licensee or Surety to Satisfy Claims; Action by Attorney General; Award of Interest; Other Lien, Security, or Priority.

288.517 Breach of secured obligation; filing verified proof of claim or evidence of default; entry of department order requiring creditors to file claims; publication of order; audit by department; order allowing or disallowing each claim; collection of amount from licensee or surety to satisfy claims; action by attorney general; award of interest; other lien, security, or priority.
Sec. 47.
(1) A person injured by the breach of an obligation secured by a security device described in section 42, 43, or 44, including, but not limited to, 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 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 IV - (288.510...288.518) › Section 288.518 - License Issued, Renewed, or Modified; Notice to Producers Delivering Milk; Form.

288.518 License issued, renewed, or modified; notice to producers delivering milk; form.
Sec. 48.
The department shall notify producers delivering milk to a licensed milk plant any time a license is issued, renewed, or modified. The notice sent by the department shall substantially conform to the following:
"Michigan law requires milk 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 milk plant to which the producer is selling milk. A milk 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 milk 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 milk plant received within a consecutive 30-day period during that milk plant's most recent fiscal year.
(2) The greatest milk receipts that the milk plant is anticipated to receive during a 30-day period within the licensing period.
(c) ____________________, (name of milk 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 milk 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 milk plant received within a consecutive 30-day period during that milk plant's most recent fiscal year.
(2) The greatest milk receipts that the milk 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 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 V - (288.520...288.530) › Section 288.521 - Immediate Discontinuation of Operation; Eligibility for Reinstatement; Order of Summary Suspension; Effect of Order During Proceedings.

288.521 Immediate discontinuation of operation; eligibility for reinstatement; order of summary suspension; effect of order during proceedings.
Sec. 51.
(1) A person whose license or permit has been suspended, revoked, or denied shall immediately discontinue operation of the business for which the license or permit was issued or requested.
(2) A person whose license or permit has been suspended or revoked is not eligible for reinstatement of the license or permit until the director determines that all violations have been corrected.
(3) If the department has provided notice to a licensee or permittee as required by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and subsequently determines that summary suspension of the licensee's or permittee's license or permit is necessary to prevent an imminent threat of financial loss to 1 or more producers with whom the licensee or permittee does business, the director may summarily suspend the licensee's or permittee's license or permit. The director shall incorporate the determination in his or her order of summary suspension. This summary suspension may be ordered effective on the date specified in the order or the date of service upon the licensee, whichever is later, and is effective during the proceedings. The proceedings shall be promptly commenced and determined.
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 V - (288.520...288.530) › Section 288.522 - Conduct as Misdemeanor; Penalty.

288.522 Conduct as misdemeanor; penalty.
Sec. 52.
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, the pasteurized milk ordinance adopted under 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 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 V - (288.520...288.530) › Section 288.524 - Restraining Order.

288.524 Restraining order.
Sec. 54.
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 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 V - (288.520...288.530) › Section 288.530 - Packaged Milk Products; Label Requirements; Advertisements.

288.530 Packaged milk products; label requirements; advertisements.
Sec. 60.
(1) Packaged milk products shall be labeled as specified in the pasteurized milk ordinance and in the food law of 2000.
(2) Milk and milk products shall be advertised as specified in the food law of 2000.
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 288.531 - Bulk Milk Hauler/sampler; Requirements for Picking Up Milk; Measurement; Pickup Record; Information; Copies; Responsibility of Driver for Official Samples.

288.531 Bulk milk hauler/sampler; requirements for picking up milk; measurement; pickup record; information; copies; responsibility of driver for official samples.
Sec. 61.
(1) A bulk milk hauler/sampler shall not take milk from a farm tank without first determining that the farmer has a valid permit. Milk shall be picked up from only an approved farm tank, constructed to sanitary standards with agitation and cooling except as approved in writing by the director on a case-by-case basis.
(2) A bulk milk hauler/sampler shall pick up only milk that appears to be normal and does not contain off odors or visible foreign material and that has been stored on the farm for no more than 72 hours, except that milk produced under the manufacturing milk law of 2001 may be stored as provided under that act. Goat milk may be stored up to 7 days in a farm tank if properly cooled. Sheep milk may be frozen for storage.
(3) A bulk milk hauler/sampler shall not record or report inaccurately a milk measurement taken in the farm tank. A measurement shall be made with a measuring gauge that is clean and wiped dry with a sanitary towel or by any other measuring method meeting the requirements of section 65(3).
(4) After measuring the milk in the farm tank, the bulk milk hauler/sampler shall promptly, accurately, and legibly record the following information on the pickup record:
(a) The gauge or stick reading.
(b) The converted gauge or stick reading in pounds.
(c) The date and time of pickup.
(d) The milk producer's name and permit number.
(e) The temperature of the milk from an accurate thermometer.
(f) The bulk milk hauler/sampler's permit identification, which is the first and last name, or the hauler/sampler’s identification number printed on the license.
(g) The assigned "bulk tank unit" (BTU) number.
(5) A bulk milk hauler/sampler shall provide the original copy of the pickup record to the milk buyer and a duplicate copy, or other record acceptable to the director, to the producer.
(6) A milk tank truck driver engaged in direct farm pickup has direct responsibility for accompanying official samples.
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 288.532 - Bulk Milk Hauler/sampler; Duties.

288.532 Bulk milk hauler/sampler; duties.
Sec. 62.
(1) During a pickup, a bulk milk hauler/sampler shall take a sanitarily collected representative sample from each farm tank after the tank is agitated for not less than 5 minutes and for not less than 10 minutes for tanks over 1,500 gallons or for such additional time as may be recommended by the tank manufacturer or the director, so as to obtain a representative sample.
(2) A sample dipper shall be rinsed by the bulk milk hauler/sampler at least twice in the milk prior to transferring the sample to the approved sample container.
(3) Sample transfer instruments shall be used by bulk milk hauler/samplers that are of sanitary construction, clean, and sterile, or which are sanitized with approved sanitizers and protected from contamination prior to each use.
(4) A bulk milk hauler/sampler shall take a temperature control sample of the milk at the bulk milk hauler/sampler's first sampling point and shall place it in the refrigerated, insulated transport case with the first official sample.
(5) The bulk milk hauler/sampler shall identify the temperature control sample with the hauler/sampler identification, time, temperature, date, producer permit number, and letters "T.C.".
(6) A bulk milk hauler/sampler shall not sample milk in the farm tank during emptying.
(7) A bulk milk hauler/sampler shall not sample milk in the farm tank with a sample container or any other unapproved transfer instrument or sampling device.
(8) A bulk milk hauler/sampler shall place producer milk samples into approved sample containers only. The sample containers shall be properly protected and handled to prevent contamination.
(9) A bulk milk hauler/sampler shall place milk only in sample containers that are legibly marked with the following:
(a) The milk producer's permit number.
(b) The date of pickup.
(c) Temperature.
(10) The bulk milk hauler/sampler shall store the milk samples in an approved manner to protect the samples from contamination inside a refrigerated, insulated transport case that is kept tightly covered until the samples are delivered to the transfer point, laboratory, or other destination.
(11) The bulk milk hauler/sampler shall maintain milk samples in a temperature range of 32 degrees Fahrenheit (0 degree Celsius) to 40 degrees Fahrenheit (4.4 degrees Celsius).
History:
2001, Act 266, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 136, Eff. June 20, 2008