January 9, 2008, Introduced by Senators BIRKHOLZ, VAN WOERKOM, CROPSEY, KUIPERS, BARCIA, GLEASON, JELINEK, BROWN and STAMAS and referred to the Committee on Agriculture.
A bill to amend 2001 PA 266, entitled
"Grade A milk law of 2001,"
by amending sections 2, 3, 4, 5, 6, 7, 20, 30, 31, 33a, 41, 44, 50,
53, 60, 61, 62, 63, 68, and 69 (MCL 288.472, 288.473, 288.474,
288.475, 288.476, 288.477, 288.490, 288.500, 288.501, 288.503a,
288.511, 288.514, 288.520, 288.523, 288.530, 288.531, 288.532,
288.533, 288.538, and 288.539), section 33a as added by 2004 PA
277.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Adulterated" means food or milk to which any of the
following apply:
(i) It bears or contains any poisonous or deleterious substance
that may render it injurious to health except that, if the
substance is not an added substance, the food or milk is not
considered adulterated if the quantity of that substance in the
food or milk does not ordinarily render it injurious to health.
(ii) It bears or contains any added poisonous or added
deleterious substance, other than a substance that is a pesticide
chemical in or on a raw agricultural commodity; a food additive; or
a color additive considered unsafe within the meaning of
subparagraph (v).
(iii) It is a raw agricultural commodity that bears or contains
a pesticide chemical considered unsafe within the meaning of
subparagraph (v).
(iv) It bears or contains any food additive considered unsafe
within the meaning of subparagraph (v) provided that where a
pesticide chemical has been used in or on a raw agricultural
commodity in conformity with an exemption granted or tolerance
prescribed under subparagraph (v) and the raw agricultural commodity
has been subjected to processing the residue of that pesticide
chemical remaining in or on that processed food is, notwithstanding
the provisions of subparagraph (v) and this subdivision, not be
considered unsafe if that residue in or on the raw agricultural
commodity has been removed to the extent possible in good
manufacturing practice and if the concentration of that residue in
the processed food when ready to eat is not greater than the
tolerance prescribed for the raw agricultural commodity.
(v) Any added poisonous or deleterious substance, any food
additive, and pesticide chemical in or on a raw agricultural
commodity, or any color additive is considered unsafe for the
purpose of application of this definition, unless there is in
effect a federal regulation or exemption from regulation under the
federal act, meat inspection act, poultry product inspection act,
or other federal acts, or a rule adopted under this act limiting
the quantity of the substance, and the use or intended use of the
substance, and the use or intended use of the substance conforms to
the terms prescribed by the rule.
(vi) It is or contains a new animal drug or conversion product
of a new animal drug that is unsafe within the meaning of section
512 of the federal act, 21 USC 360b.
(vii) It consists in whole or in part of a diseased,
contaminated, filthy, putrid, or decomposed substance or it is
otherwise unfit for food.
(viii) It has been produced, prepared, packed, or held under
insanitary conditions in which it may have become contaminated with
filth or in which it may have been rendered diseased, unwholesome,
or injurious to health.
(ix) It is the product of a diseased animal or an animal that
has died other than by slaughter or that has been fed uncooked
garbage or uncooked offal from a slaughterhouse.
(x) Its container is composed, in whole or in part, of any
poisonous or deleterious substance that may render the contents
injurious to health.
(xi) A valuable constituent has been in whole or in part
omitted or abstracted from the food; a substance has been
substituted wholly or in part for the food; damage or inferiority
has been concealed in any manner; or a substance has been added to
the food or mixed or packed with the food so as to increase its
bulk or weight, reduce its quality or strength, or make it appear
better or of greater value than it is.
(xii) It is confectionery and has partially or completely
imbedded in it any nonnutritive object except in the case of any
nonnutritive object if, as provided by rules, the object is of
practical functional value to the confectionery product and would
not render the product injurious or hazardous to health; it bears
or contains any alcohol other than alcohol not in excess of 1/2 of
1% by volume derived solely from the use of flavoring extracts; or
it bears or contains any nonnutritive substance except a
nonnutritive substance such as harmless coloring, harmless
flavoring, harmless resinous glaze not in excess of 4/10 of 1%,
harmless natural wax not in excess of 4/10 of 1%, harmless natural
gum and pectin or to any chewing gum by reason of its containing
harmless nonnutritive masticatory substances which is in or on
confectionery by reason of its use for some practical functional
purpose in the manufacture, packaging, or storage of such
confectionery if the use of the substance does not promote
deception of the consumer or otherwise result in adulteration or
misbranding in violation of the provisions of this act. For the
purpose of avoiding or resolving uncertainty as to the application
of this subdivision, the director may issue rules allowing or
prohibiting the use of particular nonnutritive substances.
(xiii) It is or bears or contains any color additive that is
unsafe within the meaning of subparagraph (v).
(xiv) It has been intentionally subjected to radiation, unless
the use of the radiation was in conformity with a rule or exemption
under this act or a regulation or exemption under the federal act.
(xv) It is bottled water that contains a substance at a level
higher than allowed under this act.
(b) "Advertise" or "advertisement" means a representation
disseminated in any manner or by any means, other than by labeling,
for the purpose of inducing, or is likely to induce, directly or
indirectly, the purchase of milk or milk products.
(c) (b)
"Approved laboratory"
means a laboratory that is
listed
in the IMS national
conference of interstate milk shipments
list
of sanitation compliance and enforcement ratings of interstate
milk
shippers distributed by the United States
food and drug
administration and as approved by the director.
(d) (c)
"Approved sample
container" means a presterilized,
suitable nontoxic single service container of adequate size that
complies with the requirements of standard methods.
(e) (d)
"Audited financial
statement" means a fiscal year end
financial statement prepared by a certified public accountant
according to generally accepted accounting principles.
Sec. 3. As used in this act:
(a) "Bulk milk hauler/sampler" means any person who collects
official samples and may transport raw milk from a farm or raw milk
products to or from a milk plant, receiving station, or transfer
station and has in his or her possession a license or permit issued
by the department to sample those products.
(b) "Bulk milk pickup tanker" means a vehicle, including
truck, tank, and those appurtenances necessary for its use, used by
a bulk milk hauler/sampler to transport bulk raw milk for
pasteurization from a dairy farm to a milk plant, receiving
station, or transfer station.
(c) "Cash payments", regarding the producer security
requirements of this act, means a payment in cash or by check,
money order, wire transfer, or draft for a sale in which the title
to farm milk is transferred.
(d) "Dairy animal" means any domesticated lactating mammal,
including a cow, goat, sheep, water buffalo, or other hooved
mammal, which is managed and milked to obtain milk for human
consumption.
(e) "Dairy farm" means any place or premises where 1 or more
dairy animals are kept for milking purposes, and from which a part
or all of the milk is provided, sold, or offered for sale.
(f) (c)
"Department" means the Michigan
department of
agriculture.
(g) (d)
"Director" means the
director of the Michigan
department of agriculture or his or her designee.
(h) (e)
"Distributor" means a
person other than a producer or
processor
who offers for sale, holds for
sale, or sells to another
for
resale at retail wholesale milk or milk products. A
distributor's facilities include warehousing, refrigerated storage,
and distribution vehicles.
(i) (f)
"Farm tank" means the
farm bulk milk tank, milk tank
truck, or silo used for the storage or cooling, or both, of milk
prior to pickup and transport from the farm.
(j) (g)
"Federal act" means the
federal food, drug, and
cosmetic
act, chapter 675, 52 Stat. 1040, 21 U.S.C. USC 301
to 321,
331
to 333, 334 to 343-3, 344 to 346a, 347, 348 to 356c, 358 to
360,
360b to 360dd, 360hh to 360oo,
360rr to 363, 371 to 376, and
378
to 397 399.
(k) (h)
"First receiving point"
means the milk plant where the
milk is first received for processing and manufacturing. First
receiving point for producer security requirements does not include
receiving stations and transfer stations.
(l) "Food law of 2000" means the food law of 2000, 2000 PA 92,
MCL 289.1101 to 289.8111.
(m) "Food service establishment" means a fixed or mobile
restaurant, coffee shop, cafeteria, short order cafe, luncheonette,
grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail
lounge, nightclub, drive-in, industrial feeding establishment,
private organization serving the public, rental hall, catering
kitchen, delicatessen, theater, commissary, food concession, or
similar place in which food or drink is prepared for direct
consumption through service on the premises or elsewhere, and any
other eating or drinking establishment or operation where food is
served or provided for the public. Food service establishment does
not include any of the following:
(i) A motel that serves continental breakfasts only.
(ii) A bed and breakfast that has 10 or fewer sleeping rooms,
including sleeping rooms occupied by the innkeeper, 1 or more of
which are available for rent to transient tenants.
(iii) A bed and breakfast that has at least 11 but fewer than 15
rooms for rent, if the bed and breakfast serves continental
breakfasts only.
(iv) A child care organization regulated under 1973 PA 116, MCL
722.111 to 722.128, unless the establishment is carrying out an
operation considered by the director to be a food service
establishment.
(n) (i)
"Grade A milk" means milk
or milk products produced in
substantial compliance with the requirements of this act.
Sec. 4. As used in this act:
(a) "Imminent or substantial health hazard" means a
determination of the director of either or both of the following:
(i) A condition that exists at a dairy farm or dairy plant
requiring immediate action to prevent endangering the public health
or safety.
(ii) A milk product may be unwholesome or unsafe.
(b) "Label" means a display of written, printed, or graphic
matter upon the immediate container of any article conforming to a
requirement imposed under this act that any word, statement, or
other information appearing on the label appears on the outside
container or wrapper of the retail package of the article or be
easily legible through the outside container or wrapper.
(c) "Labeling" means all labels and other written, printed, or
graphic matter upon an article or any of its containers or wrappers
or accompanying the article.
(d) "Manufacturing milk law of 2001" means the manufacturing
milk law of 2001, 2001 PA 267, MCL 288.561 to 288.740.
(e) "Milk" means the lacteal secretion, practically free from
colostrum, obtained by the complete milking of 1 or more healthy
cows, goats, sheep, or other dairy animals.
(f) (d)
"Milk buyer" means any
producer, milk producer
marketing organization, milk plant, receiving station, transfer
station, or bulk milk hauler that either takes delivery of raw milk
or raw milk product or manages the sale of the raw milk or raw milk
product, or both.
(g) (e)
"Milk plant" or "dairy plant" means any place,
premises, or establishment where milk or milk products are
collected, handled, processed, stored, pasteurized, aseptically
processed,
bottled packaged, or prepared for distribution.
(h) (f)
"Milk product" or "dairy product" means cottage
cheese, dry curd cottage cheese, reduced fat cottage cheese, lowfat
cottage cheese, cream, light cream, light whipping cream, heavy
cream, heavy whipping cream, whipped cream, whipped light cream,
sour cream, acidified sour cream, cultured sour cream, half-and-
half, sour half-and-half, acidified sour half-and-half, cultured
sour half-and-half, reconstituted or recombined milk and milk
products, concentrated milk, concentrated milk products, skim milk,
lowfat milk, frozen milk concentrate, flavored milk, eggnog,
buttermilk, cultured milk, cultured lowfat milk, cultured skim
milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk,
acidified lowfat milk, acidified skim milk, low-sodium milk, low-
sodium lowfat milk, low-sodium skim milk, lactose-reduced milk,
lactose-reduced lowfat milk, lactose-reduced skim milk, aseptically
processed and packaged milk, milk products with added safe and
suitable microbial organisms, and any other milk product made by
the addition or subtraction of milkfat or addition of safe and
suitable optional ingredients for protein, vitamin, or mineral
fortification. Unless a product is considered a milk product under
this subdivision, milk product does not include dietary products,
infant formula, ice cream or other desserts, cheese, or butter.
Milk products include the following:
(i) Those dairy foods made by modifying the federally
standardized products described in this section in accordance with
21
C.F.R. CFR 130.10.
(ii) Those milk and milk products that have been aseptically
processed and then packaged.
(iii) Those products that have been retort processed after
packaging or that have been concentrated, condensed, or dried only
if they are used as an ingredient to produce any milk or milk
product
or if they are grade A IMS national
conference of
interstate milk shipments listed.
Sec. 5. As used in this act:
(a) "Milk tank truck" means both a bulk milk pickup tanker and
a milk transport tank.
(b) "Milk tank truck cleaning facility" means any place,
premises, or establishment, separate from a milk plant, receiving
station, or transfer station where a milk tank truck is cleaned and
sanitized.
(c) "Milk tank truck driver" means any person who transports
raw or pasteurized milk products to or from a milk plant, receiving
station, or transfer station.
(d) "Milk transportation company" means the company that is
the person responsible for a milk tank truck.
(e) "Milk transport tank" means a vehicle, including the truck
and tank, used by a bulk milk hauler/sampler to transport bulk
shipments of milk from a milk plant, receiving station, or transfer
station to another milk plant, receiving station, or transfer
station.
(f) "Misbranded" means food to which any of the following
apply:
(i) Its labeling is false or misleading in any particular.
(ii) It is offered for sale under the name of another food.
(iii) It is an imitation of another food unless its label bears,
in type of uniform size and prominence, the word "imitation" and
immediately thereafter the name of the food imitated.
(iv) Its container is so made, formed, or filled as to be
misleading.
(v) It is in package form, unless it bears a label containing
both the name and place of business of the manufacturer, packer, or
distributor and an accurate statement of the quantity of the
contents in terms of weight, measure, or numerical count subject to
reasonable variations as are permitted and exemptions as to small
packages as are established by rules prescribed by the department.
(vi) Any word, statement, or other labeling required by this
act is not prominently placed on the label or labeling
conspicuously and in such terms as to render it likely to be read
and understood by the ordinary individual under customary
conditions of purchase and use.
(vii) It purports to be or is represented as a food for which a
definition and standard of identity have been prescribed by rules
as provided by this act or under the federal act, unless it
conforms to such definition and standard and its label bears the
name of the food specified in the definition and standard, and,
insofar as may be required by the rules, the common names of
optional ingredients, other than spices, flavoring, and coloring,
present in such food.
(viii) It purports to be or is represented to be either of the
following:
(A) A food for which a standard of quality has been prescribed
by this act or rules and its quality falls below such standard
unless its label bears, in such manner and form as such rules
specify, a statement that it falls below such standard.
(B) A food for which a standard or standards of fill of
container have been prescribed by this act or rules and it falls
below the standard of fill of container applicable unless its label
bears, in such manner and form as the rules specify, a statement
that it falls below the standard.
(ix) It does not bear labeling clearly giving the common or
usual name of the food, if one exists, and if fabricated from 2 or
more ingredients, the common or usual name of each ingredient
except that spices, flavorings, and colorings, other than those
sold as such, may be designated as spices, flavorings, and
colorings, without naming each and under other circumstances as
established by rules regarding exemptions based upon practicality,
potential deception, or unfair competition.
(x) It bears or contains any artificial flavoring, artificial
coloring, or chemical preservative unless the labeling states that
fact and under other circumstances as established by rules
regarding exemptions based upon practicality.
(xi) If a food intended for human consumption and offered for
sale, its label and labeling do not bear the nutrition information
required under section 403(q) of the federal act, 21 USC 343.
(xii) It is a product intended as an ingredient of another food
and, when used according to the directions of the purveyor, will
result in the final food product being adulterated or misbranded.
(xiii) It is a color additive whose packaging and labeling are
not in conformity with packaging and labeling requirements
applicable to such color additive prescribed under the provisions
of the federal act.
(g) (f)
"Offering for sale" means
selling, offering to sell,
holding for sale, preparing for sale, trading, bartering, offering
as a gift as an inducement for sale of, and advertising for sale in
any media.
(h) (g)
"Other security" means a
mutually acceptable producer
security agreement, acceptable to the director, approved and signed
by the milk buyer and all milk sellers selling milk to that milk
buyer.
Sec. 6. As used in this act:
(a)
"Pasteurized milk ordinance" or "PMO" means the 2001 2005
edition of the grade A pasteurized milk ordinance, recommendations
of the United States department of health and human services,
public health service/food and drug administration, with
administrative procedures and appendices, set forth in the public
health
service/food and drug administration publication no. 229. ,
and
the provisions of the 1995 grade A condensed and dry milk
products
and condensed and dry whey-supplement I to the grade A
pasteurized
milk ordinance, with administrative procedures and
appendices.
(b) "Person" means an individual, partnership, company,
limited liability company, cooperative, association, firm, trustee,
educational institution, state or local government unit, or
corporation.
(c) "Processor" means the owner or operator of a milk plant.
(d) "Producer" means a person who owns or operates a dairy
farm and sells or distributes milk produced on that farm including
a
person who markets milk on behalf of another a producer
pursuant
to a marketing agreement.
(e) "Receiving station" means any place, premises, or
establishment where raw milk is received, collected, handled,
stored, or cooled and is prepared for further transporting.
(f) "Registered name" means either a name that is registered
as "doing business as" at the county clerk’s office in the county
in which the producer or processor resides or that is registered
with the state of Michigan as a legal entity registered to do
business within the state under an assumed name. Registered name
includes, but is not limited to, incorporations, corporations,
limited liability companies, limited liability partnerships, and
similar entities.
(g) "Retail" means selling or offering for sale dairy products
directly to a consumer.
(h) "Retail food establishment" means an operation that sells
or offers to sell food directly to a consumer. Retail food
establishment includes both a retail grocery and a food service
establishment but does not include a food processing plant.
(i) (f)
"Sample transfer
instrument" means any of the
following:
(i) Individually wrapped, sterile, single-service sampling
tubes.
(ii) Stainless steel metal dippers, with long handles having
capacities of 10 milliliters or greater.
(iii) Sampling devices approved by the director.
(j) (g)
"Sanitary standards"
means the dairy equipment
construction standards or accepted dairy system operating practices
formulated by 1 of the following:
(i) 3-A sanitary standards committees representing the
international association for food protection, the United States
public health service, the United States department of agriculture,
and the dairy industry committee as approved by the director.
(ii) If sanitary standards are not available for a particular
piece of equipment, general sanitary construction standards for
dairy equipment formulated by the United States department of
agriculture or the food and drug administration as approved by the
director.
(iii) The equipment or practice is approved by bulletin of the
director on a case-by-case basis.
(k) (h)
"Sell-by date" means the
recommended last date of
sale.
(l) (i)
"Single service containers and
closures" means single
use containers or parts of single use containers that become milk
product contact surfaces when used for the storage, shipping, or
marketing of milk or milk products.
(m) (j)
"Standard methods" means
the sixteenth seventeenth
edition of "Standard Methods for the Examination of Dairy
Products",
dated 1992, a publication of the American public health
association, incorporated by reference.
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.
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.
Sec.
30. (1) A person shall not produce, transport, wash milk
tank
trucks, process, label, or sell grade A milk and grade A milk
products
and shall not manufacture single service containers and
closures
unless licensed or permitted under this act. The director
may
issue a temporary license or permit. State agencies operating
dairy
facilities under a memorandum of understanding with the
department
are not required to be licensed or permitted under this
act
and are not required to provide producer security under this
act.
A person shall not do any of
the following without being
licensed under this act:
(a) Produce grade A milk to be offered for sale.
(b) Collect grade A milk samples for regulatory purposes.
(c) Operate a milk transportation company that owns or
operates a bulk milk tank truck.
(d) Process, label, distribute, or sell grade A milk or grade
A milk products, except that a person operating a retail food
establishment is exempt from licensure under this act if he or she
complies with subsection (8) and is licensed under the food law of
2000. This subdivision does not prevent the sale, at wholesale or
retail at a retail food establishment licensed under the food law
of 2000, of milk or milk products that are packaged in final
consumer packages at a facility licensed under this act.
(e) Wash milk tank trucks.
(f) Manufacture single service containers or closures to be
used for grade A milk products, except that the manufacture of
single service containers and closures for grade A dry milk
products are exempt from this section.
(2) A person licensed under the manufacturing milk law of 2001
or this act and engaged in activities regulated under this act
shall comply with the requirements of this act, where applicable,
and is subject to the penalties set forth in this act, where
applicable.
(3) The director may issue a temporary license or permit for
activities regulated by this act.
(4) State agencies operating dairy facilities under a
memorandum of understanding with the department are not required to
be licensed or permitted or to provide producer security under this
act but are required to otherwise be in compliance with this act.
(5) (2)
An applicant for an initial grade A
dairy farm permit
shall complete education, acceptable to the director, on drug
residue avoidance control measures, as identified in the
pasteurized milk ordinance, prior to receiving the permit.
(6) (3)
The director shall examine the
books, records, and
accounts of a milk plant if the milk plant has not responded to
requests from the director pursuant to section 31 or article IV.
All examinations of books, records, and accounts required under
this subsection shall be made within this state.
(7) (4)
All applicants for a permit or
license must complete
an application provided by the department and meet the minimum
requirements of this act, the pasteurized milk ordinance, and rules
promulgated under this act.
(8) Milk products manufactured at retail food establishments
licensed under the food law of 2000 are exempt from this act if
both of the following conditions are met:
(a) All ingredients contained in these products comply with
the requirements of the food law of 2000.
(b) The milk products manufactured are not sold wholesale or
to another business entity.
Sec. 31. (1) An applicant for an initial license as a milk
plant shall apply to the department on a form supplied by the
department and provide a statement containing the following:
(a) The milk plant's correct legal name and any name by which
the milk plant is doing business. If the milk plant is a person not
an individual, the name of each officer and director, and partner,
member, or owner owning in excess of 35% of equity or stock.
(b) The location of the milk plant to which the statement
pertains and the name of the responsible person who may be
contacted at that location.
(c) The anticipated value of greatest milk receipts the milk
plant expects to receive during a consecutive 30-day period within
the licensing period.
(d) A list of producers, including names, mailing addresses,
and department producer permit number, with whom the milk plant
intends to do business except that not later than 90 days after
becoming licensed for the first time, the milk plant shall send an
updated list to the department.
(e) The name of the financial institution through which milk
checks are to be issued to producers.
(2) A milk plant shall annually renew a license issued under
this act by applying to the department at least 30 days prior to
the expiration of the existing license. The anniversary date of a
license for a milk plant that is providing a financial statement as
a security device is 130 days after the close of the licensee's
fiscal year. The milk plant shall apply for renewal of a license on
a form supplied by the department and provide a statement
containing the following:
(a) The milk plant's correct legal name and any name by which
the milk plant is doing business. If the milk plant is a person not
an individual, the name of each officer and director, and partner,
member, or owner owning in excess of 35% of equity or stock.
(b) The location of the milk plant to which the statement
pertains and the name of the responsible person who may be
contacted at that location.
(c) The greater of either the value of greatest milk receipts
that the milk plant received within a consecutive 30-day period
during its last license year or the greatest milk receipts that the
milk plant is anticipated to receive during a consecutive 30-day
period within the licensing period.
(d) A complete list of producers, including names, mailing
addresses, and department producers permit number, with whom the
milk plant is doing business.
(e) The name of the financial institution through which milk
checks are issued to producers.
(3) Each milk plant shall pay a $175.00 annual licensing or
permitting fee, and additionally, an annual fee of $5.00 for each
dairy farm whose milk is received at the milk plant, receiving
station, or transfer station, plus an additional $10.00 per farm
shipping to it if the milk plant, receiving station, or transfer
station operator does not maintain an adequate number of industry
personnel, as determined by the director, who are approved to
conduct certified industry farm inspections. The department shall
not levy this additional $10.00 per farm fee if a cooperative
association is conducting the certified industry farm program for
the milk plant operator. The department shall only charge the dairy
farm license fee to the producer if the producer is not assigned to
a milk plant that pays the annual fee required by this subsection
for the producer. Any such unassigned producer shall be charged a
handling fee of $5.00 plus an additional $10.00 if certified
industry farm inspectors are not assigned to the farm.
(4) Any fees, assessments, civil or administrative fines, and
money from any other source collected by the department shall be
deposited into the dairy and food safety fund created in section
4117 of the food law of 2000, MCL 289.4117, and shall be used to
enforce and administer this act.
(5) A milk plant operator shall submit detailed plans to the
department for approval before commencing new construction,
remodeling, and equipment changes. Plans for new construction or
remodeling shall include a plan that provides for operational or
physical isolation of the milk plant from sources of potential
product contamination caused by animal production facilities
located in close proximity to the milk plant. Retail or public
viewing areas shall be separated from processing areas by a solid
floor-to-ceiling partition, except that, as approved by the
director, other equally effective means of protection may be used.
(6) The department may impose a late fee of $10.00 for a
renewal application for each business day the application is late.
The total late fee shall not exceed $100.00. The department shall
not issue or renew a license until any fees and fines have been
paid. A hearing is not required regarding the department’s refusal
to issue or renew a license under this subsection except as allowed
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328. The department may charge a convenience fee and
collect from the applicants any additional costs associated with
the method of fee payment for the license or permit fees described
in this section and sections 32 and 33, not to exceed the costs to
the department.
Sec.
33a. (1) Beginning the effective date of the amendatory
act
that added this section July
23, 2004 and notwithstanding the
license and permit fees imposed under sections 31 and 33, 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 the state of Michigan.
(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, shall 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) Beginning October 1, 2005, the director shall submit a
report by December 1 of each year to the standing committees and
appropriations subcommittees of the senate and house of
representatives concerned with agricultural and food issues. The
director shall include all of the following information in the
report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the 90-day time period
described in subsection (1).
(b) The number of applications denied.
(c) The number of applicants not issued a license or permit
within the 90-day time period and the amount of money returned to
licensees and permittees under subsection (3).
(5) 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 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
the state of Michigan. Under appropriate circumstances, completed
application includes the completion of construction or renovation
of any facility and the passing of a satisfactory inspection.
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.
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 of delivery
of
milk products the milk is
received at the plant.
Sec. 50. (1) The director may revoke or suspend the license or
permit of a licensee or permittee issued under this act or impose
an administrative fine under section 53 for failure to comply with
the requirements of this act, the pasteurized milk ordinance, or a
rule promulgated under this act. A license or permit shall be
revoked or suspended according to the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) The department shall notify in writing each producer with
whom a milk plant does business regarding the pendency of the
administrative action not less than 5 days before the date for the
formal hearing set under subsection (1).
(3) The director may revoke or suspend a license or permit
issued under this act, or impose an administrative fine pursuant to
section 53, upon determining that the licensee or permittee has
done 1 or more of the following:
(a) Failed to provide supplementary or interim information or
information required to be supplied to the department under this
act or information requested by the director under article III or
IV.
(b) Failed to provide a security device in the amount and
manner required by the director under article IV.
(c) Knowingly provided false or fraudulent information or made
a material misrepresentation on an application.
(d) Knowingly provided false or fraudulent information or made
a material misrepresentation in response to a request for
information by the department.
(e) Failed to pay a producer in the manner provided in section
40.
(f) Failed to agitate milk in the farm bulk milk tank before
taking a sample for delivery to the milk plant or the department.
(g) Failed to take the sample for analysis in accordance with
the procedures set forth in the pasteurized milk ordinance,
standard methods, and this act.
(h) Picked up grade A milk the temperature of which exceeds 45
degrees Fahrenheit (7 degrees Celsius).
(i) Failed to accurately report the weight or temperature of
grade A milk picked up from a farm bulk milk tank.
(j) In the case of a milk plant, failed to provide a security
device described in article IV.
(k) Adulterated milk or milk products.
(l) Failed to pay a final civil or administrative fine issued
under this act.
(m) Violated this act, the pasteurized milk ordinance adopted
under this act, or a rule promulgated under this act.
(4) The director may summarily suspend a license or permit
issued under this act upon determining that the licensee or
permittee has done 1 or more of the following:
(a) Offered for sale or sold milk or milk products from
diseased animals, or animals otherwise considered abnormal, that
have been incorporated with milk or milk products from normal
healthy animals.
(b) Offered for sale or sold milk or milk products suspected
of
contamination being
contaminated with any substance
considered
by the department to be an imminent or substantial health hazard.
(c) Offered for sale or sold milk or milk products from
production, transportation, packaging, or storage facilities that
have such an accumulation of trash, rubbish, dirt, insects, vermin,
human or animal wastes, or spoiled milk or milk products that
precludes the reasonable protection of the milk or milk products
from contamination.
(d) Offered for sale or sold milk or milk products produced in
equipment with a significant portion of the milk contact surfaces
covered with an accumulation of residues that were left after
having gone through a cleaning regimen and that are thick enough
that they may be easily scraped to form a body of solids.
(e) Offered for sale or sold milk or milk products stored in a
container of unapproved construction.
(f) Received or picked up milk or milk products stored in a
container of unapproved construction.
(g) Offered for sale or sold milk or milk products produced
from dairy animals with a majority of the milking herd with an
excessive accumulation of manure on the flanks, bellies, or udders
that precludes the reasonable protection of the milk from
contamination during the milking process.
(h) Offered for sale or sold milk that was of inadequate
volume to properly agitate after the first milking.
(i) Offered for sale or sold milk or milk products produced
with excessive sediment.
(j) Interfered with inspection of milk or milk products.
(k) Maintained dead animals on the premises in a manner
inconsistent with 1982 PA 239, MCL 287.651 to 287.683.
(l) Maintained a minimum of 3 of the last 5 official bacteria
counts illegal.
(m) Maintained a minimum of 3 of the last 5 official somatic
cell counts illegal.
(n) Maintained a minimum of 3 of the last 5 official milk or
milk product cooling temperatures illegal.
(o) Failed to provide milk or milk products free of violative
drug residues based on tests approved by the food and drug
administration.
(p) Offered for sale or sold milk or milk products that
present an imminent or substantial health hazard due to improper or
unknown storage temperature.
(q) Offered for sale or sold milk or milk products that
present an imminent or substantial health hazard due to improper
allergen labeling.
(r) Knowingly possessed, sold, offered for sale, or purchased
any milk or milk product for use in a human food product that has
been condemned under this act.
(s) Offered for sale or sold packaged milk or milk products
that present an imminent or substantial health hazard due to
improper pasteurization times or temperatures outside the
requirements set forth in the PMO.
(t) (p)
Any other condition that creates an
imminent threat to
the
public health, safety, or welfare or
substantial health hazard.
(5) When the director suspends a license or permit under
subsection (4), the licensee or permittee shall be allowed a
minimum of 72 hours to regain compliance and reinstatement of the
license or permit prior to scheduling an administrative hearing.
Sec. 53. (1) The director shall impose upon a producer who
violates this act by selling or offering for sale milk which has
been found positive for violative drug residues on a test performed
pursuant to the pasteurized milk ordinance, the following sanctions
and administrative fines and provide notice and the opportunity for
an administrative hearing:
(a) The following in the case of a first violative drug
residue within a 12-month period:
(i) The producer's milk shall not be offered for sale until a
subsequent sample of the producer's milk tests negative for
violative drug residues at an approved laboratory.
(ii) The producer shall pay an administrative fine equal to the
lost value of the milk on the entire contaminated load and any
costs associated with the disposition of that load. The
administrative fine shall be paid directly to the milk buyer. The
department shall be provided with written notification of the
payment. Written notification shall also be provided to the
department of the date and location of the disposal of the entire
contaminated load. Where a producer markets their own load of milk,
the producer shall provide written notification to the department
of the date and location of the disposal of the entire contaminated
load. If the producer's violative shipment did not cause partial or
total loss of a load of milk as determined by an approved drug
residue test, the producer shall pay an administrative fine of
$300.00 to the department. The milk buyer may pay the
administrative fine, if a like amount has been deducted from the
producer's milk check.
(b) The following in the case of a second violative drug
residue within a 12-month period:
(i) The producer's milk shall not be offered for sale until a
subsequent sample of the producer's milk tests negative for
violative drug residues at an approved laboratory.
(ii) The producer shall pay an administrative fine equal to the
lost value of the milk on the entire contaminated load and any
costs associated with the disposition of that load. The
administrative fine shall be paid directly to the milk buyer. The
department shall be provided with written notification of the
payment. Written notification shall also be provided to the
department of the date and location of the disposal of the entire
contaminated load. Where a producer markets their own load of milk,
the producer shall provide written notification to the department
of the date and location of the disposal of the entire contaminated
load. If the producer's violative shipment did not cause partial or
total loss of a load of milk as determined by an approved drug
residue test, the producer shall pay an administrative fine of
$600.00 to the department. The milk buyer may pay the
administrative fine, if a like amount has been deducted from the
producer's milk check.
(iii) The producer will be required to test all milk prior to
shipment with a drug residue test acceptable to the director for a
minimum of 12 months and must retain records of these tests for a
minimum of 18 months.
(iv) The producer will be required to maintain complete drug
treatment records for all lactating or near lactating dairy animals
for a minimum of 12 months and must retain records of these
treatments for a minimum of 18 months.
(c) The following in the case of a third or any additional
violative drug residue within a 12-month period:
(i) The producer's milk shall not be offered for sale until a
subsequent sample of the producer's milk tests negative for
violative drug residues at an approved laboratory.
(ii) The producer shall pay an administrative fine equal to the
lost value of the milk on the entire contaminated load and any
costs associated with the disposition of that load. The
administrative fine shall be paid directly to the milk buyer. The
department shall be provided with written notification of the
payment. Written notification shall also be provided to the
department of the date and location of the disposal of the entire
contaminated load. Where a producer markets its own load of milk,
the producer shall provide written notification to the department
of the date and location of the disposal of the entire contaminated
load. If the producer's violative shipment did not cause partial or
total loss of a load of milk as determined by an approved drug
residue test, the producer shall pay an administrative fine of
$1,200.00 to the department. The milk buyer may pay the
administrative fine, if a like amount has been deducted from the
producer's milk check.
(iii) The suspension of the producer's permit for a period not
to exceed 60 days after notice and the opportunity for an
administrative hearing before the department.
(iv) The producer will be required to test all milk prior to
shipment with a drug residue test acceptable to the director for a
minimum of 12 months and must retain records of these tests for a
minimum of 18 months.
(v) The producer will be required to maintain complete drug
treatment records for all lactating or near lactating dairy animals
for a minimum of 12 months and must retain records of these
treatments for a minimum of 18 months.
(2) The director may accept verification, on forms acceptable
to the director, from the violative producer's milk marketing
cooperative or purchaser of milk as satisfying the penalty
requirements and may verify the information.
(3) The disposal method and location of disposal for violative
drug residue milk on the milk tank truck shall be immediately
reported to the director, by the party making the disposal, on
forms provided by and acceptable to the director.
(4) The director shall investigate the cause of the violative
drug residue and shall discuss drug residue avoidance control
measures, as outlined in the pasteurized milk ordinance, with the
violative producer.
(5) Selling or offering for sale milk which has been found
positive for violative drug residues is determined by either of the
following criteria:
(a) When milk is picked up from a producer by a milk tank
truck and not commingled with milk from other producers, the milk
becomes subject to possible drug residue penalties at the point the
milk tank truck leaves the farm with the milk.
(b) When milk is picked up from a producer by a milk tank
truck and commingled with milk from other producers, it becomes
subject to possible drug residue penalties at the point of
commingling.
(6) Section 52 applies to a producer who violates this act by
selling or offering for sale milk which tests positive for
violative drug residues on a test performed pursuant to the
pasteurized milk ordinance only under either of the following
circumstances:
(a) The producer fails to pay the administrative fine required
by subsection (1) in compliance with subsections (8) and (9).
(b) The producer has been fined under subsection (1) within
the preceding 12-month period 3 or more times.
(7) After notice and an opportunity for an administrative
hearing pursuant to the administrative procedures act of 1969, 1969
PA 306, MCL 24.201 to 24.328, the director may revoke or suspend a
license or permit issued under this act for any violation of this
act or a rule promulgated under this act. Except as otherwise
provided for under subsection (1), upon finding that a person
violated a provision of this act or rule promulgated under this
act, the director may impose an administrative fine of not more
than $1,000.00 and the actual costs of the investigation of the
violation.
(8) The administrative fines imposed under subsection (1) or
(7) shall be paid to the department within 10 days after
notification of the violation or within 10 days after notification
of adverse findings following a hearing or appeal, or both. The
administrative
fines received by the department under subsection
(1)
shall be deposited in the general fund and shall be
appropriated
for the purpose of the training or education of
producers
in management procedures to avoid drug residue
contamination,
and administrative fines received pursuant to
subsection
subsections (1) and (7) shall be deposited in the
general
dairy and food safety fund.
(9) Failure to pay a load contamination or any other
administrative fine imposed under this section within 120 days
without making acceptable arrangements for payment of the fine may
result in license revocation or permit suspension or court action,
following notice and the opportunity for an administrative hearing.
(10) The director shall advise the attorney general of the
failure of any person to pay an administrative fine imposed under
this section. The attorney general shall bring an action in a court
of competent jurisdiction to recover the fine.
(11) A decision of the director under this section is subject
to judicial review as provided by law.
(12) This section does not require the director to issue an
administrative fine or initiate court action for minor violations
of this act whenever the department believes that the public
interest will be adequately served under the circumstances by a
suitable written notice or warning.
Sec. 60. (1) Packaged milk products shall be labeled as
specified in the pasteurized milk ordinance and in the food law of
2000. ,
2000 PA 92, MCL 289.1101 to 289.8111.
(2) Milk and milk products shall be advertised as specified in
the food law of 2000.
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. if a permit is required. 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 identification, including
the
bulk milk hauler/sampler's name or initials and department
issued
hauler/sampler identification number 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.
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)
The route number.
(c) (d)
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).
Sec. 63. (1) A bulk milk hauler/sampler shall not adulterate
milk in the farm tank or the milk tank truck.
(2) There shall be no partial removal of milk from the farm
tank by the bulk milk hauler/sampler except that partial pickups
may be permitted when the farm tank is equipped with a 7-day
recording device complying with the specifications of pasteurized
milk ordinance appendix H, or another recording device acceptable
to the department, provided that the farm milk tank shall be
cleaned and sanitized when empty and shall be emptied at least
every 72 hours. In the absence of a temperature recording device,
partial pickups may be permitted as long as the farm tank is
completely empty, clean, and sanitized before the next milking. In
the
event of emergency situations , or
seasonal weight
restrictions,
or the overflow of the milk tank truck, partial
pickups will be allowed.
(3) A bulk milk hauler/sampler shall carry an accurate,
approved dial-type or electronic thermometer with him or her on the
route and shall not pickup milk from a farm tank which exceeds the
maximum temperature allowed by law.
(4) A bulk milk hauler/sampler shall keep his or her sample
transfer instrument and sample transport case clean and in good
repair.
(5) A bulk milk hauler/sampler shall use the hose port
provided for him or her in the milkhouse for accommodation of the
pickup milk hose.
(6) A bulk milk hauler/sampler shall comply with the
requirements of appendix B of the pasteurized milk ordinance,
incorporated herein by reference.
Sec. 68. (1) Only pasteurized milk and milk products shall be
offered for sale or sold, directly or indirectly, to the final
consumer or to restaurants, grocery stores, or similar
establishments.
(2) All milk and milk products shall be pasteurized according
to the requirements of the pasteurized milk ordinance and the time-
temperature relationships described in the pasteurized milk
ordinance.
(3) All dairy plant by-products used for feeding purposes for
farm animals shall be pasteurized or be derived from pasteurized
products when specified by the director.
(4) Milk and milk products may be aseptically processed as
low-acid foods provided they comply with the following
requirements:
(a) All thermally processed milk and milk products that are
packaged in hermetically sealed containers shall be processed in a
milk processing facility licensed under this act, the manufacturing
milk law of 2001, or the food law of 2000.
(b) All processors of acidified milk and milk products
packaged in hermetically sealed containers shall comply with the
regulations of the U.S. food and drug administration in 21 CFR part
108, 21 CFR part 110, and 21 CFR part 114.
(c) All thermally processed milk and milk products that are
packaged in hermetically sealed containers shall comply with the
regulations of the U.S. food and drug administration in 21 CFR part
108, 21 CFR part 110, and 21 CFR part 113.
(d) Hermetically sealed packages shall be handled to maintain
product and container integrity.
Sec. 69. (1) Each processor and manufacturer of milk and milk
products sold in this state shall place on each container of milk
and milk products a recommended last day of sale by month and date.
(2) The sell-by date shall be expressed by the first 3 letters
of the month followed by the numeral designating the appropriate
calendar day or by expressing the calendar month numerically
followed by a numeral designating the calendar day.
(3) The sell-by date shall appear on that part of the
container that is most likely to be displayed, presented, or shown
under customary display conditions of sale. However, a cup
container may have the sell-by date placed on the bottom.
(4) The sell-by date on the container shall be legible and
shall not interfere with the legibility of other information
required to be on the product.
(5) Processors and manufacturers of milk and milk products
shall register the following information with the department on
forms provided by the department:
(a) The assigned sell-by date of each milk and milk product
processed and the length of time between production and the sell-by
date. Plant records of a testing program conducted shall
substantiate this length of time by the processor or manufacturer.
(b) The method of application and location of the sell-by date
for each size and style of container.
(c) Changes in the time interval of the sell-by date prior to
the effective day of the change.
(6) Milk and milk products shall maintain nutritional levels
and shall not have a flavor change before the sell-by date.
(7) The director shall periodically sample and analyze milk
and milk products to determine if the flavor has changed by the
sell-by date. Milk and milk products obtained for analysis by the
director prior to the sell-by date shall be stored at a temperature
of 44 degrees Fahrenheit (6.5 degrees Celsius), plus or minus 1
degree Fahrenheit (0.5 degree Celsius), until analyzed.
(8) The processor or manufacturer of milk or milk products
which do not maintain their flavor until the sell-by date shall,
upon receipt of written or verbal notice from the director, make
the changes necessary to improve product quality or alter the sell-
by date so as to comply with the law. The processor or manufacturer
is not responsible for milk and milk products when the nutritive
value loss or flavor deterioration of those products can be
determined to be caused by mishandling, improper storage, or lack
of refrigeration at points beyond his or her control.
(9) Milk and milk products shall not be offered for sale after
the sell-by date unless they are advertised to the final consumer
in a prominent manner as being beyond the recommended last day of
sale.
(10) The final seller is fully responsible for the proper
advertisement of milk and milk products sold beyond the sell-by
date.
(11) Packaged fluid dairy products that exceed the sell-by
date shall not be reused in any dairy products regulated by this
act or the manufacturing milk law of 2001 unless a protocol for
such reprocessing is approved by the department. The protocol shall
include consideration of storage temperatures, bacterial counts,
age past sell-by date, sight and smell grading qualities, added
ingredients, and any other factors considered critical by the
director.
(12) Packaged fluid dairy products that have left the control
of a dairy plant but are returned or delivered to a dairy plant,
commonly referred to as "returned products", shall not be
reprocessed into milk or milk products regulated under this act or
the manufacturing milk law of 2001.
Enacting section 1. This amendatory act takes effect 30 days
after the date it is enacted.