House Introduced Bill 4829

HOUSE BILL No. 4829

May 30, 2001, Introduced by Reps. Vear, Meyer, Ehardt, Van Woerkom, Mortimer, LaSata, DeRossett, Stewart, Bovin, Shackleton, DeVuyst,
Pappageorge, Newell, Rocca, Spade and Lemmons and referred to the Committee on Agriculture and Resource Management.

A bill to define and regulate milk, cream, frozen desserts,

and related foods and by-products of those foods under certain

circumstances; to prescribe certain powers and duties of certain

state agencies and officers; to prohibit the sale of unclean and

unsanitary milk and manufactured dairy products and their use in

the manufacture of food products; to prohibit unclean and unsani-

tary conditions of milk and milk processing establishments; to

establish production and handling standards of sanitary milk and

dairy products for manufacturing and manufactured dairy products;

to regulate the sale and transportation of milk and dairy pro-

ducts for manufacturing purposes; to issue licenses and permits

to certain persons and provide for the revocation or suspension

of licenses and permits under certain circumstances; to impose

certain fees; to require certain security devices under certain

circumstances; to establish inspection requirements; to

02996'01 LBO 2

promulgate rules; to set certain standards for milk and dairy

products, processing, and pasteurization; to provide for penal-

ties and remedies; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
Sec. 1. This act shall be known and may be cited as the

2
"manufacturing milk law of 2001".

3
ARTICLE 1

4
Sec. 10. As used in this act:

5
(a) "Adulterated" means food or milk products to which any

6
of the following apply:

7
(i) It bears or contains any poisonous or deleterious sub-

8
stance that may render it injurious to health except that, if the

9
substance is not an added substance, the food or milk product is

10
not considered adulterated if the quantity of that substance in

11
the food or milk product does not ordinarily render it injurious

12
to health.

13
(ii) It bears or contains any added poisonous or added dele-

14
terious substance, other than a substance that is a pesticide

15
chemical in or on a raw agricultural commodity; a food additive;

16
or a color additive considered unsafe within the meaning of sub-

17
paragraph (v).

18
(iii) It is a raw agricultural commodity that bears or con-

19
tains a pesticide chemical considered unsafe within the meaning

20
of subparagraph (v).

21
(iv) It bears or contains any food additive considered

22
unsafe within the meaning of subparagraph (v) provided that where

23
a pesticide chemical has been used in or on a raw agricultural

02996'01 3

1
commodity in conformity with an exemption granted or tolerance

2
prescribed under subparagraph (v) and the raw agricultural com-

3
modity has been subjected to processing the residue of that pes-

4
ticide chemical remaining in or on that processed food is, not-

5
withstanding the provisions of subparagraph (v) and this subdivi-

6
sion, not be considered unsafe if that residue in or on the raw

7
agricultural commodity has been removed to the extent possible in

8
good manufacturing practice and if the concentration of that res-

9
idue in the processed food when ready to eat is not greater than

10
the tolerance prescribed for the raw agricultural commodity.

11
(v) Any added poisonous or deleterious substance, any food

12
additive, and pesticide chemical in or on a raw agricultural com-

13
modity, or any color additive is considered unsafe for the pur-

14
pose of application of this definition, unless there is in effect

15
a federal regulation or exemption from regulation under the fed-

16
eral act, meat inspection act, poultry product inspection act, or

17
other federal acts, or a rule adopted under this act limiting the

18
quantity of the substance, and the use or intended use of the

19
substance, and the use or intended use of the substance conforms

20
to the terms prescribed by the rule.

21
(vi) It is or contains a new animal drug or conversion pro-

22
duct of a new animal drug that is unsafe within the meaning of

23
section 512 of the federal act, 21 U.S.C. 512.

24
(vii) It consists in whole or in part of a diseased, contam-

25
inated, filthy, putrid, or decomposed substance or it is other-

26
wise unfit for food.

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1
(viii) It has been produced, prepared, packed, or held under

2
insanitary conditions in which it may have become contaminated

3
with filth or in which it may have been rendered diseased,

4
unwholesome, or injurious to health.

5
(ix) It is the product of a diseased animal or an animal

6
that has died other than by slaughter or that has been fed

7
uncooked garbage or uncooked offal from a slaughterhouse.

8
(x) Its container is composed, in whole or in part, of any

9
poisonous or deleterious substance that may render the contents

10
injurious to health.

11
(xi) A valuable constituent has been in whole or in part

12
omitted or abstracted from the food; a substance has been substi-

13
tuted wholly or in part for the food; damage or inferiority has

14
been concealed in any manner; or a substance has been added to

15
the food or mixed or packed with the food so as to increase its

16
bulk or weight, reduce its quality or strength, or make it appear

17
better or of greater value than it is.

18
(xii) It is confectionery and has partially or completely

19
imbedded in it any nonnutritive object except in the case of any

20
nonnutritive object if, as provided by rules, the object is of

21
practical functional value to the confectionery product and would

22
not render the product injurious or hazardous to health; it bears

23
or contains any alcohol other than alcohol not in excess of 1/2

24
of 1% by volume derived solely from the use of flavoring

25
extracts; or it bears or contains any nonnutritive substance

26
except a nonnutritive substance such as harmless coloring,

27
harmless flavoring, harmless resinous glaze not in excess of 4/10

02996'01 5

1
of 1%, harmless natural wax not in excess of 4/10 of 1%, harmless

2
natural gum and pectin or to any chewing gum by reason of its

3
containing harmless nonnutritive masticatory substances which is

4
in or on confectionery by reason of its use for some practical

5
functional purpose in the manufacture, packaging, or storage of

6
such confectionery if the use of the substance does not promote

7
deception of the consumer or otherwise result in adulteration or

8
misbranding in violation of the provisions of this act. For the

9
purpose of avoiding or resolving uncertainty as to the applica-

10
tion of this subdivision, the director may issue rules allowing

11
or prohibiting the use of particular nonnutritive substances.

12
(xiii) It is or bears or contains any color additive that is

13
unsafe within the meaning of subparagraph (v).

14
(xiv) It has been intentionally subjected to radiation,

15
unless the use of the radiation was in conformity with a rule or

16
exemption under this act or a regulation or exemption under the

17
federal act.

18
(xv) It is bottled water that contains a substance at a

19
level higher than allowed under this act.

20
(b) "Approved sample container" means a presterilized, suit-

21
able nontoxic single service container of adequate size that com-

22
plies with the requirements of standard methods.

23
(c) "Audited financial statement" means a fiscal year end

24
financial statement prepared by a certified public accountant

25
according to generally accepted accounting principles.

26
(d) "Aseptic processing and packaging" means the filling of

27
a commercially sterilized cooled product into presterilized

02996'01 6

1
containers followed by aseptic hermetical sealing with a

2
presterilized closure, in an atmosphere free of microorganisms.

3
Sec. 11. As used in this act:

4
(a) "Bulk milk hauler/sampler" means any person who collects

5
official samples and may transport raw milk from a farm and/or

6
raw milk products to or from a dairy plant, receiving station, or

7
transfer station and has in his or her possession a license or

8
permit to sample such products.

9
(b) "Bulk milk pickup tanker" means a vehicle including a

10
truck, tank, and those appurtenances necessary for its use used

11
by a bulk milk hauler/sampler to transport bulk raw milk for pas-

12
teurization from a dairy farm to a dairy plant, receiving sta-

13
tion, or transfer station.

14
(c) "Butter" means the product usually known as butter that

15
is made exclusively from wholesome milk or cream, or both, with

16
or without common salt, and with or without additional coloring

17
matter and containing not less than 80% by weight of milk fat.

18
(d) "Cheese" means natural cheeses, processed cheeses,

19
blended cheeses, cheese foods, cheese spreads, nonstandard cheese

20
products, and related foods described in 21 C.F.R. 133.

21
(e) "CIP" or "cleaned-in-place" means the procedure by which

22
sanitary pipelines or pieces of dairy equipment are mechanically

23
cleaned in place by circulation.

24
(f) "Commercial sterility of thermally processed food" means

25
the condition achieved under either of the following

26
circumstances:

02996'01 7

1
(i) By the application of heat which renders the food free

2
of microorganisms capable of reproducing in the food under normal

3
nonrefrigerated conditions of storage and distribution and viable

4
microorganisms, including spores, of public health significance.

5
(ii) By the control of water activity and the application of

6
heat, which renders the food free of microorganisms capable of

7
reproduction in the food under normal nonrefrigerated conditions

8
of storage and distribution.

9
(g) "Cream" means any of the following:

10
(i) Light cream containing not less than 18% but not more

11
than 30% milkfat.

12
(ii) Whipping cream containing more than 30% but less than

13
36% milkfat.

14
(iii) Heavy cream containing more than 36% milkfat.

15
(iv) Cream obtained from cheese whey only if sold or labeled

16
as whey cream.

17
Sec. 12. As used in this act:

18
(a) "Dairy plant" means a milk plant, transfer or receiving

19
station, cheese plant, frozen desserts plant, or other plant

20
receiving dairy products or processing dairy products into manu-

21
factured dairy products.

22
(b) "Dairy product" or "manufactured dairy product" means

23
products that include, but are not limited to, evaporated milk,

24
condensed skim milk, condensed milk, condensed buttermilk, con-

25
densed milk solids, concentrate milk, nonfat dry milk, dry milk,

26
dry cream, dry whey, dry buttermilk, butter, buttermilk, cheese,

27
cheese products, ice cream, sherbet, frozen desserts, dairy

02996'01 8

1
confections, or novelties, related dairy products with butter fat

2
or milk solids substitutions, filtered milk components, infant

3
formula manufactured with dairy ingredients, whey, whey cream,

4
and other products for human consumption not regulated under the

5
grade A dairy law or as determined appropriate by the director.

6
(c) "Department" means the Michigan department of

7
agriculture.

8
(d) "Director" means the director of the Michigan department

9
of agriculture or his or her designee.

10
(e) "Distributor" means a person other than a producer or

11
processor who offers for sale, or sells to another for resale at

12
retail, milk or dairy products. A distributor's facilities

13
include warehousing, refrigerated storage, and refrigerated dis-

14
tribution vehicles.

15
(f) "Dry milk product" means a product resulting from the

16
drying of milk or a dairy product.

17
(g) "Dryer" means equipment that dries milk or a dairy

18
product.

19
Sec. 13. As used in this act:

20
(a) "Farm tank" means the farm bulk milk tank, milk tank

21
truck, or silo used for the storage or cooling of milk, or both,

22
before pickup and transport from the farm.

23
(b) "First receiving point" means the dairy plant where the

24
milk is first received for processing and manufacturing. First

25
receiving point does not include receiving stations and transfer

26
stations.

02996'01 9

1
(c) "Freezer" means mechanical equipment used to lower the

2
temperature of a mix while, at the same time, incorporating air

3
into the mix.

4
(d) "Frozen desserts" means desserts made from dairy pro-

5
ducts described in 21 C.F.R. 135, the mixes, and other similar

6
frozen dairy products that include, but are not limited to,

7
frozen yogurt, soft serve ice cream, and quiescently frozen con-

8
fections unless otherwise specified by the department.

9
(e) "Imminent or substantial health hazard" means a determi-

10
nation by the director of either or both of the following:

11
(i) A condition that exists at a dairy farm or dairy plant

12
requiring immediate action to prevent endangering the public

13
health or safety.

14
(ii) A milk or dairy product may be unwholesome or unsafe.

15
(f) "Label" means a display of written, printed, or graphic

16
matter upon the immediate container of any article conforming to

17
a requirement imposed under this act that any word, statement, or

18
other information appearing on the label also appears on the out-

19
side container or wrapper of the retail package of the article or

20
be easily legible through the outside container or wrapper.

21
(g) "Labeling" means all labels and other written, printed,

22
or graphic matter upon an article or any of its containers or

23
wrappers or accompanying the article.

24
Sec. 14. As used in this act:

25
(a) "Milk" means the lacteal secretion, practically free

26
from colostrum, obtained by the complete milking of 1 or more

27
healthy cows, goats, sheep, or other dairy animals.

02996'01 10

1
(b) "Milk buyer" means any milk producer, milk producer

2
marketing organization, dairy plant, receiving station, transfer

3
station, or bulk milk hauler that either takes delivery of raw

4
milk or a raw milk product or manages the sale of the raw milk or

5
raw milk product, or both.

6
(c) "Milk tank truck" means both a bulk milk pickup tanker

7
and a milk transport tank.

8
(d) "Milk tank truck cleaning facility" means any place,

9
premises, or establishment, separate from a dairy plant, receiv-

10
ing station, or transfer station where a milk tank truck is

11
cleaned and sanitized.

12
(e) "Milk tank truck driver" means any person who transports

13
raw or pasteurized dairy products to or from a dairy plant,

14
receiving station, or transfer station.

15
(f) "Milk transportation company" means the company that is

16
the person responsible for a milk tank truck.

17
(g) "Milk transport tank" means a vehicle, including the

18
truck and tank, used by a bulk milk hauler/sampler to transport

19
bulk shipments of milk from a dairy plant, receiving station, or

20
transfer station to another dairy plant, receiving station, or

21
transfer station.

22
Sec. 15. As used in this act:

23
(a) "Misbranded" means food to which any of the following

24
apply:

25
(i) Its labeling is false or misleading in any particular.

26
(ii) It is offered for sale under the name of another food.

02996'01 11

1
(iii) It is an imitation of another food unless its label

2
bears, in type of uniform size and prominence, the word

3
"imitation" and immediately thereafter the name of the food

4
imitated.

5
(iv) Its container is so made, formed, or filled as to be

6
misleading.

7
(v) It is in package form, unless it bears a label contain-

8
ing both the name and place of business of the manufacturer,

9
packer, or distributor and an accurate statement of the quantity

10
of the contents in terms of weight, measure, or numerical count

11
subject to reasonable variations as are permitted and exemptions

12
as to small packages as are established by rules promulgated by

13
the department.

14
(vi) Any word, statement, or other labeling required by this

15
act is not prominently placed on the label or labeling conspicu-

16
ously and in such terms as to render it likely to be read and

17
understood by the ordinary individual under customary conditions

18
of purchase and use.

19
(vii) It purports to be or is represented as a food for

20 which a definition and standard of identity have been prescribed

21
by rules as provided by this act or under the federal act, unless

22
it conforms to such definition and standard and its label bears

23
the name of the food specified in the definition and standard,

24
and, as may be required by the rules, the common names of

25
optional ingredients, other than spices, flavoring, and coloring,

26
present in such food.

02996'01 12

1
(viii) It purports to be or is represented to be either of

2
the following:

3
(A) A food for which a standard of quality has been pre-

4
scribed by this act or rules and its quality falls below such

5
standard unless its label bears, in such manner and form as such

6
rules specify, a statement that it falls below such standard.

7
(B) A food for which a standard or standards of fill of con-

8
tainer have been prescribed by this act or rules and it falls

9
below the standard of fill of container applicable unless its

10
label bears, in such manner and form as the rules specify, a

11
statement that it falls below the standard.

12
(ix) It does not bear labeling clearly giving the common or

13
usual name of the food, if one exists, and if fabricated from 2

14
or more ingredients, the common or usual name of each ingredient

15
except that spices, flavorings, and colorings, other than those

16
sold as such, may be designated as spices, flavorings, and color-

17
ings, without naming each and under other circumstances as estab-

18
lished by rules regarding exemptions based upon practicality,

19
potential deception, or unfair competition.

20
(x) It bears or contains any artificial flavoring, artifi-

21
cial coloring, or chemical preservative unless the labeling

22
states that fact and under other circumstances as established by

23
rules regarding exemptions based upon practicality.

24
(xi) If a food intended for human consumption and offered

25
for sale, its label and labeling do not bear the nutrition infor-

26
mation required under section 403(q) of the federal act, 21

27
U.S.C. 343.

02996'01 13

1
(xii) It is a product intended as an ingredient of another

2
food and, when used according to the directions of the purveyor,

3
will result in the final food product being adulterated or

4
misbranded.

5
(xiii) It is a color additive whose packaging and labeling

6
are not in conformity with packaging and labeling requirements

7
applicable to such color additive prescribed under the provisions

8
of the federal act.

9
(b) "Mix" means ice cream mix, yogurt mix, sherbet mix, and

10
any other unfrozen pasteurized liquid mixture which is to be man-

11
ufactured into a frozen dessert including a liquid mixture

12
intended for processing into quiescently frozen confections.

13
Sec. 16. As used in this act:

14
(a) "Offering for sale" means selling, offering to sell,

15
holding for sale, preparing for sale, trading, bartering, offer-

16
ing as a gift as an inducement for sale of, and advertising for

17
sale in any media.

18
(b) "Other security" means a mutually acceptable producer

19
security agreement, acceptable to the director, approved and

20
signed by the milk buyer and all milk sellers selling milk to

21
that milk buyer.

22
(c) "Person" means an individual, partnership, company,

23
limited liability company, cooperative, association, firm, trust-

24
ee, educational institution, state or local government unit, or

25
corporation.

26
(d) "Processor" means the owner or operator of a dairy

27
plant.

02996'01 14

1
(e) "Producer" means a person who owns or operates a dairy

2
farm and sells or distributes milk produced on that farm includ-

3
ing a person who markets milk on behalf of another producer pur-

4
suant to a marketing agreement.

5
(f) "Receiving station" means any place, premise, or estab-

6
lishment where raw milk is received, collected, handled, stored,

7
or cooled and is prepared for further transporting.

8
(g) "Rerun" means a frozen dessert that is not placed in its

9
final container immediately after passing through the freezing

10
process and is intended to be melted and reprocessed or

11
refrozen.

12
Sec. 17. As used in this act:

13
(a) "Sample transfer instrument" means any of the

14
following:

15
(i) Individually wrapped, sterile, single-service sampling

16
tubes.

17
(ii) Stainless steel metal dippers, with long handles having

18
capacities of 10 ml. or greater.

19
(iii) Sampling devices approved by the director.

20
(b) "Sanitary standards" means the dairy equipment construc-

21
tion standards or accepted dairy system operating practices for-

22
mulated by 1 of the following:

23
(i) 3-A sanitary standards committees representing the

24
international association for food protection, the United States

25
public health service, the United States department of agricul-

26
ture, and the dairy industry committee.

02996'01 15

1
(ii) Standards for dairy equipment formulated by the United

2
States department of agriculture or the food and drug

3
administration.

4
(iii) The equipment or practice approved by the director on

5
a case-by-case basis.

6
(c) "Sanitizing" means the application of any effective

7
method or sanitizing agent in compliance with the federal food,

8
drug, and cosmetic act to a clean surface for the destruction of

9
pathogens and other organisms as far as is practicable.

10
(d) "Scheduled process" means the aseptic process selected

11
by the processor as adequate under the conditions of manufacture

12
for a given product to be free of viable microorganisms having a

13
public health significance as well as microorganisms of nonhealth

14
significance capable of reproducing in the food under normal non-

15
refrigerated conditions. Scheduled process includes an aseptic

16
process that may be in excess of that necessary to ensure

17
destruction of microorganisms of public health significance but

18
at least equivalent to the process established by a competent

19
processing authority to achieve commercial sterility under

20
21 C.F.R. 113.

21
(e) "Standard methods" means the seventeenth edition of

22
standard methods for the examination of dairy products, published

23
by the American public health association, dated 1992.

24
(f) "Sterilization or aseptic processing" means the complete

25
destruction of living organisms by 1 of the following methods:

02996'01 16

1
(i) Heating a container and its contents to a temperature

2
between 212�F (100�C) to 280�F (138�C) for a period of time

3
established by the scheduled process or by the department.

4
(ii) Creating a continuous product flow above a temperature

5
of 280�F (138�C) for a period of time established by the sched-

6
uled process or by the department.

7
(iii) Employing a process described in subdivision (i) or

8
(ii), and following packaging of the sterilized product, applying

9
a heat treatment approved by the department.

10
(g) "Sterilized or aseptic milk and dairy products" means

11
products hermetically sealed in a container and thermally pro-

12
cessed or otherwise processed so as to render the product free of

13
microorganisms capable of reproducing in the product under normal

14
nonrefrigeration conditions of storage and distribution and free

15
of viable microorganisms including spores of public health

16
significance.

17
(h) "Transfer station" means any place, premises, or estab-

18
lishment where milk or dairy products are transferred directly

19
from 1 milk tank truck to another.

20
(i) "Verified financial statement" means a financial state-

21
ment that contains a notarized statement, signed and sworn to by

22
an authorized representative of the dairy plant, attesting that

23
the financial statement is correct.

24
ARTICLE 3

25
Sec. 30. (1) A political subdivision of the state shall not

26
impose any different standards or requirements for manufacturing

27
milk and manufacturing milk products than those provided for in

02996'01 17

1
this act and shall not prohibit the sale of dairy products if

2
they have been produced and processed as manufacturing milk under

3
supervision of the department.

4
(2) The director shall furnish copies of its inspection

5
reports on any dairy farm producing manufacturing milk to a pur-

6
chaser of manufacturing milk from that farm upon written

7
request.

8
(3) A sanitary standard or similar requirement issued under

9
this act does not prohibit the sale of manufacturing milk or man-

10
ufacturing milk products that are produced or processed under

11
laws or rules of a governmental unit outside the state that the

12
director determines are substantially equivalent to the require-

13
ments of the rules promulgated under this act and are enforced

14
with equal effectiveness if the governmental unit accepts

15
Michigan manufacturing milk and dairy products inspected by the

16
department.

17
Sec. 31. (1) The following acts and parts of acts are

18
repealed effective 30 days after enactment of this act:

19
(a) 1899 PA 167, MCL 289.61.

20
(b) 1903 PA 243, MCL 288.221 to 288.223.

21
(c) 1911 PA 257, MCL 288.371 to 288.372.

22
(d) 1913 PA 63, MCL 288.251 to 288.257.

23
(e) The manufacturing milk act, 1913 PA 222, MCL 288.101 to

24
288.117.

25
(f) 1915 PA 93, MCL 288.161 to 288.162.

26
(g) 1923 PA 30, MCL 288.281 to 288.284.

02996'01 18

1
(h) 1935 PA 212, MCL 288.51 to 288.60.

2
(i) 1939 PA 155, MCL 288.201 to 288.206.

3
(j) 1945 PA 293, MCL 288.151 to 288.153.

4
(k) 1955 PA 211, MCL 288.211 to 288.217.

5
(l) 1967 PA 45, MCL 288.141 to 288.149.

6
(m) The frozen desserts act of 1968, 1968 PA 298,

7
MCL 288.321 to 288.334.

8
(2) Except as rescinded, rules promulgated under public acts

9
repealed by this act retain authorization under this act. The

10
following rules are rescinded effective 30 days after enactment

11
of this act:

12
(a) R 285.400.1 of the Michigan administrative code.

13
(b) R 285.402.1 of the Michigan administrative code.

14
(c) R 285.404.1 of the Michigan administrative code.

15
(d) R 285.405.1 to R 285.405.29 of the Michigan administra-

16
tive code.

17
(e) R 285.407.1 to R 285.407.6 of the Michigan administra-

18
tive code.

19
(f) R 285.409.1 of the Michigan administrative code.

20
Sec. 32. This act takes effect 30 days after the date of

21
enactment.

22
ARTICLE 5

23
Sec. 50. (1) The department shall administer this act and

24
may promulgate rules for its implementation and enforcement, or

25
adopt revisions of standards adopted by reference in this act

26
pursuant to the administrative procedures act of 1969, 1969

27
PA 306, MCL 24.201 to 24.328.

02996'01 19

1
(2) The following standards are incorporated by reference:

2
(a) The sanitary standards of 7 C.F.R. 58 and the 3-A sani-

3
tary standards committees published by the international associa-

4
tion for food protection, as referenced in 7 C.F.R. 58.

5
(b) Standards for dairy equipment construction formulated by

6
the United States department of agriculture, dated 2001, entitled

7
USDA guidelines for the sanitary design and fabrication of dairy

8
processing equipment, and the United States food and drug admin-

9
istration, dated 2000, entitled milk and milk product equipment,

10
a guide for evaluating construction.

11
(c) The standards for sanitizing agents complying with the

12
federal food, drug, and cosmetic act and listed in

13
21 C.F.R. 178.1010.

14
(d) The scheduled process standards for achieving commercial

15
sterility and standards for sterilized or aseptic milk and dairy

16
products processing contained in 21 C.F.R. 113.

17
(e) The standard methods for the examination of dairy pro-

18
ducts referenced in 7 C.F.R. 58 and published by the American

19
public health association, seventeenth edition, dated 1992.

20
(f) Cheese manufacture, 21 C.F.R. 133.

21
(g) Labeling, 21 C.F.R. 101, 9 C.F.R. 317, and 9 C.F.R. 381,

22
subpart N.

23
Sec. 51. The director shall foster and encourage the dairy

24
industry of the state and, for that purpose, shall investigate

25
the general conditions of the dairy farms, dairy plants, single

26
service manufacturers, receiving stations, transfer stations,

27
bulk milk haulers/samplers, can milk trucks, milk tank trucks,

02996'01 20

1
milk tank truck cleaning facilities, and distributors with full

2
power to enter upon any premises for such investigation, with the

3
object of improving the quality and creating and maintaining uni-

4
formity of the dairy products of the state. If determined neces-

5
sary by the director, he or she may cause instruction to be given

6
in any dairy farm, dairy plant, single service manufacturer,

7
receiving station, transfer station, and distributor or in any

8
locality in this state, in order to secure the proper feeding and

9
care of cows, the proper maintenance and sanitation of milk han-

10
dling equipment, the proper maintenance of milk production facil-

11
ities, the proper maintenance of milk processing facilities, the

12
proper maintenance of single service facilities, the proper han-

13
dling and storage of milk, dairy products, or single service con-

14
tainers, or the practical operation of any plant producing dairy

15
products or single service containers for dairy products. In

16
order to secure a uniform and standard quality of dairy products

17
in the state, the director shall furnish a sufficient number of

18
competent and qualified inspectors for that purpose as provided

19
for in this act.

20
ARTICLE 7

21
Sec. 70. (1) A person shall not directly, through an agent,

22
or on behalf of another person sell or offer for sale, furnish,

23
or possess or control with intent to sell or offer for sale, or

24
furnish an unsanitary, adulterated, or misbranded milk or dairy

25
product to a person or a processor.

26
(2) Dairy products made or sold in Michigan shall comply

27
with the requirements of this act and the standards as follows:

02996'01 21

1
______________________________________________________________________

2
Chemical, Physical, Bacteriological, and Temperature Standards

3
______________________________________________________________________

4
MANUFACTURING Temperature Bulk milk cooled to 45�F
5
GRADE RAW MILK FOR (7�C) or less within 2 hours
6
PASTEURIZATION after milking and maintained
7
(NOT FOR FROZEN thereat. Provided, that the
8
DESSERTS) blend temperature after the
9
INCLUDING first and subsequent milkings
10
ULTRAFILTRATION does not exceed 50�F (10�C).
11
OR REVERSE Can milk not to exceed 60�F
12
OSMOSIS RAW (16�C) if used for cheese
13
MILK CONCENTRATE making; if delivered to the
14
plant within 2 hours of milk-
15
ing, no temperature limit.

16
Bacterial limits Not to exceed 500,000 per ml
17
(milk for cheese not to
18
exceed 750,000 per ml).
19
Not to exceed 1,000,000 per
20
ml as commingled milk prior
21
to pasteurization.

22
Somatic cell count Not to exceed 1,000,000 per
23
ml.

24
Drug residues No positive results on drug
25
residue detection methods
26
which have been found to be
27
acceptable for use with
28
raw milk.

29
Sediment Not to exceed a USDA no. 3
30
standard following procedures
31
from standard methods for the
32
examination of milk and milk
33
products.

34
Freezing point -0.530�H maximum.
35
______________________________________________________________________

36
RAW MILK FOR Temperature Bulk milk cooled to 45�F
37
FROZEN DESSERTS (7�C) or less within 2 hours
38
after milking and maintained
39
thereat. Provided, that the
40
blend temperature after the
41
first and subsequent milkings
42
does not exceed 50�F (10�C).

02996'01 22

1
Bacterial limits Not to exceed 100,000 per ml
2
for individual supplies, not
3
to exceed 300,000 per ml
4
commingled.

5
Somatic cell counts Not to exceed 750,000 per
6
ml.

7
Drug residues No positive results on drug
8
residue detection methods
9
which have been found to be
10
acceptable for use with raw
11
milk.

12
Sediment Not to exceed a USDA no. 3
13
standard following procedures
14
from standard methods for the
15
examination of milk and milk
16
products.
17
______________________________________________________________________

18
PASTEURIZED Temperature Cooled to 45�F (7�C) [50�F
19
CONDENSED MILK AND (10�C) if 45% or more
20
CONDENSED SKIM solids] or less, or heated
21
MILK to 145� (63�C) or greater and
22
maintained thereat unless the
23
product is being dried within
24
4 hours after condensing.

25
Bacterial limits Not to exceed 30,000 per
26
gram.

27
Coliform count Not to exceed 10 per gram.
28
Provided, that in the case of
29
bulk milk transport tank
30
shipments shall not exceed
31
100 per ml.

32
Phosphatase Less than 1 microgram per ml
33
by the Scharer rapid method;
34
less than 500 milliunits per
35
L by fluorometric procedure
36
or Charm ALP method, or
37
equivalent.

38
Drug residues No positive results on drug
39
residue detection methods
40
which have been found to be
41
acceptable for use with con-
42
densed milk and condensed
43
skim milk.
44
______________________________________________________________________

02996'01 23

1
DRY WHOLE MILK, No more than:
2
EXTRA GRADE
3
Butterfat Not less than 26% or more
4
than 40%.

5
Moisture 4.50%.

6
Solubility index 1.0 ml spray process; 15.0
7
roller process.

8
Bacterial limit Not to exceed 50,000 per
9
gram.

10
Coliform count Not to exceed 10 per gram.

11
Scorched particles
12
disc B 15.0/gram spray process; 22.5
13
roller process.

14
Drug residues No positive results on drug
15
residue detection methods
16
which have been found to be
17
acceptable for use with dry
18
whole milk.

19
DMCC count Less than 100,000,000 per
20
gram.
21
______________________________________________________________________

22
DRY WHOLE MILK, No more than:
23
STANDARD GRADE
24
Butterfat Not less than 26% or more
25
than 40%.

26
Moisture 5.00%.

27
Titratable acidity 0.15%.

28
Solubility index 1.5 ml spray process; 15.0 ml
29
roller process.

30
Bacterial limit Not to exceed 100,000 per
31
gram.

32
Coliform count Not to exceed 10 per gram.

33
Scorched particles
34
disc B 22.5 per gram spray process;
35
32.5 per gram roller
36
process.

37
Drug residues No positive results on drug
38
residue detection methods

02996'01 24

1
which have been found to be
2
acceptable for use with dry,
3
whole milk.

4
DMCC count Less than 100,000,000 per
5
gram.
6
______________________________________________________________________

7
NONFAT DRY MILK, No more than:
8
EXTRA GRADE
9
Butterfat 1.25%.

10
Moisture 4.00%.

11
Titratable acidity 0.15%.

12
Solubility index 1.2 ml (2.0 ml high-heat,
13
max) spray process; 15.0 ml
14
roller process.

15
Bacterial limit Not to exceed 10,000 per gram
16
spray or 50,000 per gram
17
roller process.

18
Coliform count Not to exceed 10 per gram.

19
Scorched particles
20
disc B 15.0/gram spray; 22.5/gram
21
roller process.

22
Drug residues No positive results on drug
23
residue detection methods
24
which have been found to be
25
acceptable for use with
26
nonfat dry milk.

27
DMCC count Less than 100,000,000 per
28
gram.
29
______________________________________________________________________

30
NONFAT DRY MILK, No more than:
31
STANDARD GRADE
32
Butterfat 1.50%.

33
Moisture 5.00%.

34
Titratable acidity 0.17%.

35
Solubility index 2.5 ml spray process; 15.0 ml
36
roller process.

37
Bacterial estimate 75,000/gram spray;
38
100,000/gram roller process.

02996'01 25

1
Coliform count 10 per gram.

2
Scorched particles
3
disc B 22.5/gram spray; 32.5/gram
4
roller process.

5
Drug residues No positive results on drug
6
residue detection methods
7
which have been found to be
8
acceptable for use with
9
nonfat dry milk.

10
DMCC count Less than 100,000,000 per
11
gram.
12
______________________________________________________________________

13
INSTANT NONFAT DRY No more than:
14
MILK, EXTRA GRADE
15
Butterfat 1.25%.

16
Moisture 4.50%.

17
Titratable acidity 0.15%.

18
Solubility index 1.0 ml.

19
Bacterial limit Not to exceed 10,000 per
20
gram.

21
Coliform count Not to exceed 10 per gram.

22
Scorched particles
23
disc B 15.0/gram.

24
Drug residues No positive results on drug
25
residue detection methods
26
which have been found to be
27
acceptable for use with dry
28
whole milk.

29
Dispersibility 85.0%.

30
DMCC count Less than 40,000,000 per
31
gram.
32
______________________________________________________________________

33
WHEY FOR Temperature Maintained at a temperature
34
CONDENSING of 45�F (7�C) or less, or
35
145�F (63�C) or greater,
36
except for acid-type whey
37
with a titratable acidity
38
0.40% or above, or a pH of
39
4.6 or below.

02996'01 26

1
Drug residues No positive results on drug
2
residue detection methods
3
which have been found to be
4
acceptable for use with
5
whey.
6
______________________________________________________________________

7
PASTEURIZED Temperature Cooled to 45�F (7�C) or less
8
CONDENSED WHEY during crystallization,
9
within 18 hours of
10
condensing.

11
Bacterial limit Not to exceed 50,000 per
12
gram.

13
Coliform count Not to exceed 10 per gram.

14
Phosphatase Less than 1 microgram per ml
15
by the Scharer rapid method;
16
less than 500 milliunits per
17
L by fluorometric procedure
18
or Charm ALP method, or
19
equivalent.

20
Drug residues No positive results on drug
21
residue detection methods
22
which have been found to be
23
acceptable for use with con-
24
densed whey.
25
______________________________________________________________________

26
DRY WHEY, Bacterial limit Not to exceed 30,000 per
27
EXTRA GRADE gram.

28
Coliform count Not to exceed 10 per gram.

29
Milkfat content Not to exceed 1.5%.

30
Moisture content Not to exceed 5.0%.

31
Scorched particle Not to exceed 15.0%.
32
content
33
______________________________________________________________________

34
DRY WHEY, DRY WHEY Bacterial limit Not to exceed 50,000 per
35
PRODUCTS gram.

36
Coliform count Not to exceed 10 per gram.

37
Butterfat Not more than 1.50%.

38
Moisture Not more than 5%.

02996'01 27

1
Drug residues No positive results on drug
2
residue detection methods
3
which have been found to be
4
acceptable for use with dry
5
whey and dry whey products.
6
______________________________________________________________________

7
DRY BUTTERMILK Butterfat 4.5% min.
8
AND DRY BUTTERMILK
9
PRODUCTS EXTRA Moisture 4.0% max.
10
GRADE
11
Titratable acidity 0.10-0.18%.

12
Solubility index 1.25 ml spray process; 15.0
13
roller process.

14
Bacterial limit Not to exceed 20,000 per
15
gram.

16
Coliform count Not to exceed 10 per gram.

17
Scorched particles
18
disc B 15.0 mg spray process; 22.5
19
mg roller process.

20
Drug residues No positive results on drug
21
residue detection methods
22
which have been found to be
23
acceptable for use with dry
24
buttermilk and dry buttermilk
25
products.
26
______________________________________________________________________

27
DRY BUTTERMILK Butterfat 4.5% min.
28
AND DRY BUTTERMILK
29
PRODUCTS STANDARD Moisture 5.0% max.
30
GRADE
31
Titratable acidity 0.10-0.20%.

32
Solubility index 2.0 ml spray process; 15.0
33
roller process.

34
Bacterial limit Not to exceed 75,000 per
35
gram.

36
Coliform count Not to exceed 10 per gram.

37
Scorched particles
38
disc B 22.5 mg spray process; 32.5
39
mg roller process.

40
Drug residues No positive results on drug
41
residue detection methods
42
which have been found to be

02996'01 28

1
acceptable for use with dry
2
buttermilk and dry buttermilk
3
products.
4
______________________________________________________________________

5
BUTTER, WHIPPED Percent butterfat Not less than 80%.
6
BUTTER
7
Temperature Maintained at a temperature
8
of 45�F (7�C) or less, when
9
in storage.

10
Proteolytic count Not more than 50 per gram.

11
Yeast and mold Not more than 10 per gram.

12
Coliform count Not more than 10 per gram.

13
Keeping quality Satisfactory after 7 days at
14
70�F (21�C)
15
______________________________________________________________________

16
PASTEURIZED MILK, Bacterial limit Not to exceed 20,000 per ml.
17
CREAM, FLUID DAIRY
18
PRODUCTS FOR Coliform count Not to exceed 10 per gram.
19
FROZEN DESSERTS Provided, that in the case of
20
bulk milk transport tank
21
shipments shall not exceed
22
100 per ml.

23
Storage temp No higher than 45�F (7�C).
24
______________________________________________________________________

25
FROZEN DESSERT MIX Bacterial limit 30,000 per ml.

26
Coliform count Not to exceed 10 per gram.
27
Provided, that in the case of
28
bulk milk transport tank
29
shipments shall not exceed
30
100 per ml.

31
Storage temp No higher than 45�F (7�C).
32
(Sterile or aseptic mix has
33
no storage temperature
34
requirement.)
35
______________________________________________________________________

36
FROZEN DESSERTS Bacterial limit 30,000 per ml.

37
Coliform count Not to exceed 10 per ml (20
38
per gram for chocolate,
39
fruit, nuts, or other bulky
40
flavored frozen desserts).

02996'01 29

1
Storage temp No higher than 32�F (0�C).

2
Butterfat Per standards listed in
3
21 C.F.R. 135
4
______________________________________________________________________

5
STERILIZED OR Bacterial limit No viable bacteria.
6
ASEPTIC
7
PRODUCTS Temperature No temperature standard.

8
Yeast and mold No viable yeast or mold
9
spores.

10
Drug residues No positive results on drug
11
residue detection methods
12
which have been found to be
13
acceptable for use with pas-
14
teurized milk.
15
______________________________________________________________________

16
PRIVATE WATER Coliform count Less than 1.1 per 100 ml as
17
SUPPLIES FOR DAIRY MPN or equivalent method
18
FARMS AND DAIRY less than 1 per 100 ml.
19
PLANTS;
20
RECIRCULATED
21
COOLING WATER
22
(SWEET WATER);
23
GLYCOL FOR COOLING
24
______________________________________________________________________

25
CONDENSATE Total plate count Not to exceed 500 per ml.
26
RECOVERY WATER
27
(COW WATER) Chemical oxygen Not to exceed 12 mg per L.
28
demand

29
Turbidity Not to exceed 5 units.
30
______________________________________________________________________

31
Sec. 71. (1) All dairy products shall be tested at a mini-

32
mum frequency of 4 out of every 6 months, or as determined by the

33
director.

34
(2) Well water samples for dairy farms shall be tested a

35
minimum of once every 3 years.

36
(3) Water supplies for dairy plants shall be tested a mini-

37
mum of once every 6 months.

02996'01 30

1
(4) Recirculated water or recirculated cooling medium shall

2
be tested a minimum of once every 6 months.

3
(5) Condensate recovery water shall be used only in applica-

4
tions that conform to requirements and procedures accepted by the

5
United States food and drug administration or the director.

6
ARTICLE 9

7
Sec. 90. (1) The director, after proper identification, is

8
authorized and shall have the power to enter all dairy farms,

9
dairy plants, single service manufacturing facilities, milk tank

10
truck cleaning facilities, receiving stations, transfer stations,

11
dairy product distribution facilities, vehicles used to transport

12
milk and milk products or single service manufacturers under its

13
jurisdiction, for the purpose of inspecting, sampling, and inves-

14
tigating conditions relating to the enforcement of this act.

15
(2) The department shall, at a minimum, inspect all dairy

16
farms every 12 months and dairy plants every 6 months.

17
Sec. 91. (1) The director may seize or hold for investiga-

18
tion any milk, dairy product, or equipment which the director may

19
have reason to believe constitutes or may be contributing to an

20
imminent or substantial health hazard or is in violation of this

21
act. Seized milk, dairy products, or equipment shall not be dis-

22
posed of until a release is obtained from the director. The

23
director shall complete his or her action on any such seized item

24
within a reasonable time, and the farm, plant, or station shall

25
be promptly notified of the director's decision. The director

26
may collect and retain evidence to verify the determination of an

27
imminent health hazard.

02996'01 31

1
(2) Whenever the director finds in any dairy farm, dairy

2
plant, receiving station, transfer station, or vehicle any milk

3
or dairy product which contains any unwholesome substance, or

4
that may be poisonous or deleterious to health or otherwise

5
unsafe, such milk or dairy product shall be declared an imminent

6
or substantial health hazard. The director shall condemn or

7
destroy the milk or dairy product or in any other manner render

8
the same unsalable as human food. A person shall not remove a

9
condemnation or seizure tag attached to any container of con-

10
demned milk or cream, or transfer condemned milk to another con-

11
tainer and sell or offer for sale the condemned milk for human

12
consumption.

13
ARTICLE 11

14
Sec. 110. (1) A person shall not produce, transport, wash

15
milk tank trucks, process, manufacture, label, or sell manufac-

16
turing milk and dairy products or manufacture single service con-

17
tainers and closures unless licensed or permitted under this act

18
or the grade A law of 2001. A person licensed under the grade A

19
law of 2001 who is performing activity regulated under that act

20
is exempt from licensure under this act. A person licensed under

21
the grade A law of 2001 shall comply with the requirements of

22
this act and is subject to the penalties set forth in this act,

23
where applicable. The director may issue a temporary license or

24
permit. A restricted license is required and may be issued to

25
correctional facilities that produce, process, or manufacture

26
milk for use only in the correctional system.

02996'01 32

1
(2) An applicant for an initial manufacturing grade dairy

2
farm permit shall complete education on drug residue avoidance

3
control measures acceptable to the director before receiving the

4
permit.

5
(3) An applicant for an initial license as a dairy plant

6
shall apply to the department on a form supplied by the depart-

7
ment and provide a statement containing the following:

8
(a) The dairy plant's correct legal name and any name by

9
which the dairy plant is doing business. If the dairy plant is a

10
person not an individual, the name of each officer and director,

11
and partner, member, or owner owning in excess of 35% of equity

12
or stock.

13
(b) The location of the dairy plant to which the statement

14
pertains and the name of the responsible person who may be con-

15
tacted at that location.

16
(c) The anticipated value of greatest milk receipts the

17
dairy plant expects to receive during a consecutive 30-day period

18
within the licensing period.

19
(d) A list of producers, including names, mailing addresses,

20
and department producer permit number, with whom the dairy plant

21
intends to do business except that not later than 90 days after

22
becoming licensed for the first time, the dairy plant shall send

23
an updated list to the department.

24
(e) The name of the financial institution through which milk

25
checks are to be issued to producers.

26
(4) A dairy plant shall annually renew a license issued

27
under this act by applying to the department at least 30 days

02996'01 33

1
prior to the expiration of the existing license. The anniversary

2
date of a license for a dairy plant that is providing a financial

3
statement as a security device shall be 130 days after the close

4
of the licensee's fiscal year. The dairy plant shall apply for

5
renewal of a license on a form supplied by the department and

6
provide a statement containing the following:

7
(a) The dairy plant's correct legal name and any name by

8
which the dairy plant is doing business. If the dairy plant is a

9
person not an individual, the name of each officer and director,

10
and partner, member, or owner owning in excess of 35% of equity

11
or stock.

12
(b) The location of the dairy plant to which the statement

13
pertains and the name of the responsible person who may be con-

14
tacted at that location.

15
(c) The greater of either the value of greatest milk

16
receipts that the dairy plant received within a consecutive

17
30-day period during its last license year or the greatest milk

18
receipts that the dairy plant is anticipated to receive during a

19
consecutive 30-day period within the licensing period.

20
(d) A complete list of producers, including names, mailing

21
addresses, and department producers permit number, with whom the

22
dairy plant is doing business.

23
(e) The name of the financial institution through which milk

24
checks are issued to producers.

25
(5) Each dairy plant shall pay a $50.00 annual licensing or

26
permitting fee.

02996'01 34

1
(6) Each receiving station or transfer station shall be

2
licensed or permitted either as part of a dairy plant or as a

3
stand-alone facility. Each stand-alone facility will be licensed

4
or permitted at a rate of $50.00 per year. License renewal shall

5
take place on June 30 every year.

6
(7) Each milk tank truck cleaning facility shall be licensed

7
or permitted under this act either as part of a dairy plant,

8
receiving station or transfer station, or as a stand-alone milk

9
tank truck cleaning facility, or under the grade A law of 2001.

10
Any milk tank truck cleaning facility that washes the milk con-

11
tact surfaces of milk tank trucks used to haul grade A milk shall

12
be licensed under the grade A law of 2001. Each stand-alone

13
facility will be licensed or permitted at a rate of $50.00 per

14
year. License renewal shall take place on June 30 every year.

15
(8) Each single service containers and closures manufacturer

16
shall be licensed or permitted under this act either as part of a

17
dairy plant or as a stand-alone manufacturer. Each stand-alone

18
facility will be licensed at a rate of $50.00 per year. License

19
renewal shall take place on June 30 every year.

20
(9) A person shall not pick up manufacturing grade milk in a

21
farm pickup milk tank from a farm bulk milk tank without a

22
hauler/sampler license issued by the department under the grade A

23
law of 2001. Each milk tank truck or can milk truck shall be

24
licensed or permitted under this act or as required under the

25
grade A milk law of 2001 at a rate of $10.00 per year. License

26
or permit renewal shall take place on June 30 every year.

02996'01 35

1
(10) The director may issue a temporary license or permit if

2
the director determines that issuance of the license or permit

3
will not be detrimental to the protection of the public health,

4
safety, or welfare or will not cause an imminent threat of finan-

5
cial loss to producers.

6
(11) A political subdivision of the state shall not levy

7
special license fees or taxes on 1 or more of the persons or

8
businesses described in this section except for taxes or fees

9
that are generally levied on persons or businesses other than

10
dairy plants and dairy plant operators.

11
(12) The director may examine the books, records, and

12
accounts of a dairy plant if the dairy plant has not responded to

13
requests from the director regarding a security device described

14
in sections 117, 118, and 119.

15
(13) All applicants for a permit or license must complete an

16
application provided by the department and meet the minimum

17
requirements of this act or the grade A law of 2001, and rules

18
promulgated under this act.

19
Sec. 111. Frozen desserts manufactured from pasteurized mix

20
in the soft form at retail food establishments licensed pursuant

21
to the food law of 2000, 2000 PA 92, MCL 289.1101 to 289.8111,

22
are exempt from this act.

23
Sec. 112. Upon receipt of an application for licensure by

24
an unlicensed dairy plant or for a dairy plant previously denied

25
a license under this act, the department shall investigate the

26
sanitary conditions of the dairy plant or place of business. The

27
director shall issue a license under this act upon determining

02996'01 36

1
that the sanitary conditions of the applicant's dairy plant or

2
place of business comply with this act and rules and regulations

3
promulgated under this act.

4
Sec. 113. (1) The director may revoke or suspend the

5
license or permit of a licensee or permittee issued under this

6 act for failure to comply with the requirements of this act or a

7
rule promulgated under this act. A license or permit may be

8
revoked or suspended according to the administrative procedures

9
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

10
(2) The department shall notify in writing each producer

11
with whom a dairy plant does business regarding the pendency of

12
the administrative action not less than 5 days before the date of

13
the formal hearing set under subsection (1).

14
(3) The director may revoke or suspend a license or permit

15
issued under this act, or charge an administrative fine pursuant

16
to section 125, upon determining that the licensee or permittee

17
has done 1 or more of the following:

18
(a) Failed to provide supplementary or interim information

19
or information required to be supplied to the department under

20
this act or information requested by the director under this

21
article.

22
(b) Failed to provide a security device in the amount and

23
manner required by the director under this article.

24
(c) Knowingly provided false or fraudulent information or

25
made a material misrepresentation on an application.

02996'01 37

1
(d) Knowingly provided false or fraudulent information or

2
made a material misrepresentation in response to a request for

3
information by the department.

4
(e) Failed to pay a producer in the manner provided for in

5
section 115.

6
(f) In the case of a dairy plant, failed to provide a secur-

7
ity device described in article 11.

8
(g) Adulterated or caused to be adulterated milk or dairy

9
products.

10
(h) Knowingly possessed, sold, offered for sale, or pur-

11
chased any milk or cream dairy product for use in a human food

12
product that has been condemned under this act.

13
(i) Failed to provide the required number of milk quality

14
sample results as established by the department.

15
(j) Failed to correct violations of this act noted on

16
inspection reports after being given written instructions to cor-

17
rect the violations in a reasonable length of time.

18
(k) Failed to pay a final civil or administrative fine

19
issued under this act.

20
(l) Violated this act or a rule promulgated under this act.

21
(4) A person whose license or permit has been suspended,

22
revoked, or denied shall immediately discontinue operation of the

23
business or activity for which the license or permit was issued.

24
(5) A person whose license or permit has been suspended or

25
revoked is not eligible for reinstatement of the license or

26
permit until the director determines that all violations have

27
been corrected.

02996'01 38

1
Sec. 114. (1) The director may summarily suspend a license

2
or permit issued under this act upon determining that the

3
licensee or permittee had done 1 or more of the following:

4
(a) Offered for sale or sold milk or dairy products from

5
diseased animals, or otherwise considered abnormal, that has been

6
incorporated with milk or dairy products from normal healthy

7
animals.

8
(b) Offered for sale or sold milk or dairy products sus-

9
pected of contamination with any substance considered by the

10
department to be an imminent or substantial health hazard.

11
(c) Offered for sale or sold milk or dairy products from

12
production, transportation, packaging, or storage facilities that

13
have such an accumulation of trash, rubbish, dirt, insects,

14
vermin, human or animal wastes, or spoiled milk or dairy products

15
that precludes the reasonable protection of the milk or dairy

16
products from contamination.

17
(d) Offered for sale or sold milk or dairy products produced

18
in equipment with a significant portion of the milk contact sur-

19
faces covered with an accumulation of residues that were left

20
after having gone through a cleaning regimen and that are thick

21
enough that they may be easily scraped to form a body of solids.

22
(e) Offered for sale or sold milk or dairy products stored

23
in a container of unapproved construction.

24
(f) Received or picked up milk or dairy products stored in a

25
container of unapproved construction.

26
(g) Offered for sale or sold milk or dairy products produced

27
from cattle with a majority of the milking herd with an excessive

02996'01 39

1
accumulation of manure on the flanks, bellies, or udders that

2
precludes the reasonable protection of the milk from contamina-

3
tion during the milking process.

4
(h) Offered for sale or sold milk or dairy products that was

5
of inadequate volume to properly agitate after the first

6
milking.

7
(i) Offered for sale or sold milk or dairy products produced

8
with excessive sediment.

9
(j) Interfered with inspection conducted by the department.

10
(k) Maintained dead animals on the premises.

11
(l) Maintained a minimum of 3 of the last 5 official bac-

12
teria counts illegal.

13
(m) Maintained a minimum of 3 of the last 5 official somatic

14
cell counts illegal.

15
(n) Maintained a minimum of 3 of the last 5 official milk or

16
dairy product cooling temperatures illegal.

17
(o) Failed to provide milk or dairy products free of viola-

18
tive drug residues based on tests approved by the United States

19
food and drug administration.

20
(p) Any other condition that creates an imminent or substan-

21
tial threat to the public health, safety, or welfare.

22
(2) If the director summarily suspends a license or permit

23
under subsection (1), the licensee or permittee shall be allowed

24
a minimum of 72 hours to demonstrate compliance and obtain rein-

25
statement of the license or permit before scheduling an adminis-

26
trative hearing.

02996'01 40

1
(3) If the department has provided notice to a licensee or

2
permittee as required by the administrative procedures act of

3
1969, 1969 PA 306, MCL 24.201 to 24.328, and subsequently deter-

4
mines that summary suspension of the license or permit is neces-

5
sary to prevent an imminent threat of financial loss to 1 or more

6
producers with whom the licensee or permittee does business, the

7
director may summarily suspend the license or permit. The direc-

8
tor shall incorporate the determination in his or her order of

9
summary suspension. The summary suspension may be ordered effec-

10
tive on the date specified in the order or the date of service

11
upon the licensee, whichever is later, and is effective during

12
the proceedings unless rescinded or otherwise modified. The

13
department shall promptly commence and determine the

14
proceedings.

15
Sec. 115. (1) A person purchasing milk for resale or manu-

16
facture into another product shall pay the producer an advance

17
payment on or before the twenty-sixth of each month for milk

18
received during the first 15 days of the month and a final pay-

19
ment on or before the seventeenth day after the end of the month

20
for milk received during the preceding month. The department

21
shall revoke or deny a license issued under this act for a viola-

22
tion of this subsection.

23
(2) A dairy plant that produces manufactured dairy products

24
shall not issue a check to the producer unless the name of the

25
person issuing the check is noted on the check.

26
Sec. 116. The department shall revoke or deny a license for

27
a dairy plant that produces manufactured dairy products if the

02996'01 41

1
licensee or applicant fails to provide 1 of the security devices

2
required as a condition to issuance and maintenance of a

3
license. As a condition to issuance and maintenance of a

4
license, a dairy plant that produces manufactured dairy products

5
shall provide 1 or more of the security devices described in

6
section 117, 118, or 119.

7
Sec. 117. (1) A licensee or applicant for a license as a

8
dairy plant not providing a security device under section 118 or

9
119 shall provide an audited financial statement prepared by a

10
certified public accountant according to generally accepted

11
accounting principles and a quarterly verified financial state-

12
ment that verifies the licensee's ability to meet the ratio of

13
1.2:1 for minimum liquidity requirements of current assets to

14
current liabilities.

15
(2) The audited financial statement, to be filed by the

16
licensee not later than 120 days after the close of the

17
licensee's fiscal year end, shall contain a balance sheet, income

18
statement, equity statement, statement of cash flow, notes to the

19
statements, and any other information required by the

20
department. The department may extend the date for filing the

21
audited financial statement by up to 30 days only upon the writ-

22
ten request of the dairy plant or the dairy plant's accountant

23
preparing the statement if the request is made not less than

24
10 days before the deadline for the filing of the statement. The

25
request shall state the reason for the delay.

26
(3) The quarterly verified financial statement shall be

27
filed within 60 days after the end of the fiscal quarter to which

02996'01 42

1
the statement pertains. The quarterly verified financial

2
statement shall include, but not be limited to, a balance sheet,

3
income statement, and any other information required by the

4
department. The department may require a dairy plant that

5
produces manufactured dairy products to file a supplementary or

6
interim financial statement or provide additional information at

7
any time pertaining to the financial statements filed under this

8
subsection or to specific information requests made by the

9
department. In determining whether the dairy plant has met the

10
minimum liquidity requirement described in this subsection in an

11
audited financial statement or verified financial statement, the

12
department shall exclude all intangible assets and assets the

13
department determines to be of doubtful value and may also

14
exclude nontrade notes; accounts receivable from officers, direc-

15
tors, employees, partners, or stockholders or from members of

16
their families; and notes and accounts receivable from parent

17
organizations, subsidiaries, or affiliates if the department

18
determines them to be of doubtful value.

19
(4) An applicant for a license that has not been in the

20
business of receiving milk during the preceding 12 months shall

21
only provide a security device other than an audited financial

22
statement for at least the initial 12 months of licensed

23
operation. At the end of the initial 12-month period, the

24
department may allow the dairy plant to utilize an audited finan-

25
cial statement as a security device if the statement meets mini-

26
mum liquidity requirements of this subsection and if the dairy

27
plant is otherwise in compliance with this act.

02996'01 43

1
Sec. 118. A licensee or applicant for a license as a dairy

2
plant not providing a security device under section 117 or 119

3
shall provide any of the following forms of security, in a form

4
and subject to terms and conditions considered necessary by the

5
department, for the benefit of producers who may be damaged by a

6
default in payment, the value of which shall be in an amount

7
determined by the department to be the greater of the value of

8
the greatest milk receipts that the dairy plant has received

9
within a consecutive 30-day period during that dairy plant's most

10
recent fiscal year or the value of the greatest milk receipts

11
that the dairy plant is anticipated to receive during a consecu-

12
tive 30-day period within the licensing period:

13
(a) A commercial surety bond made payable to the department

14
and subject to cancellation only after written notice to the

15
department at least 90 days before cancellation. The commercial

16
surety bond shall be issued by a surety company authorized to do

17
business in this state and conditioned upon the faithful and

18
proper discharge of the duty to pay a producer, when payment is

19
due as provided for in section 115, for milk received by the

20
dairy plant.

21
(b) A certificate of deposit or money market certificate

22
that is issued or endorsed to the department and that cannot be

23
canceled or redeemed, or from which funds cannot be transferred

24
or withdrawn, without the written authorization of the

25
department. The certificate shall be from a financial institu-

26
tion authorized to do business in this state whose deposits are

27
federally insured.

02996'01 44

1
(c) Stocks, bonds, or securities acceptable to the

2
department that are issued or endorsed to the department and

3
readily convertible to cash by the department and subject to

4
redemption or sale only upon written permission of the

5
department.

6
(d) An irrevocable letter of credit filed as security with

7
the department and made payable to the department issued by a

8
financial institution acceptable to the department and licensed

9
to do business in this state. The letter of credit shall provide

10
for automatic renewal unless, at least 90 days before the sched-

11
uled renewal date, the issuing financial institution gives writ-

12
ten notice that the letter of credit is not to be renewed. The

13
department may request information from the office of financial

14
and insurance services of the department of consumer and industry

15
services regarding the financial viability of the financial

16
institution.

17
(e) Life insurance policies acceptable to the department

18
that are issued or endorsed to the department that prohibit the

19
insurer from making any payment to the policy beneficiaries

20
unless the insurer first pays the equivalent of the cash surren-

21
der value to the department and provides that the cash surrender

22
value is paid to the department upon cancellation or surrender of

23
the policy.

24
(f) Other security acceptable to the department.

25
Sec. 119. A licensee or applicant for licensure as a dairy

26
plant not providing a security device under section 117 or 118

27
shall provide an agreement in which the dairy plant prepays for

02996'01 45

1
its milk supply by means of cash payments before or at the time

2
of delivery of dairy products.

3
Sec. 120. (1) A dairy plant that produces manufactured

4
dairy products shall not cancel or modify a security device

5
unless written notice is given to the department by the dairy

6
plant at least 90 days before the date of cancellation or

7
modification. The dairy plant shall send the notice of cancella-

8
tion or modification to the department by certified mail.

9
(2) A dairy plant that produces manufactured dairy products

10
shall notify the department at least 30 days before receiving

11
dairy products that will increase the amount due and accrued from

12
the dairy plant to an amount greater than the amount represented

13
as a basis for the issuance of the license.

14
(3) This section does not apply to the sale of dairy pro-

15
ducts or manufactured dairy products in interstate commerce to an

16
out-of-state purchaser not licensed under this act. The protec-

17
tion provided by this section is available to a producer in

18
another state selling dairy products to a licensee in this

19
state.

20
(4) Except as otherwise provided for in subsection (5),

21
financial and product information filed by a dairy plant that

22 produces manufactured dairy products is not subject to disclosure

23
under the freedom of information act, 1976 PA 442, MCL 15.231 to

24
15.246.

25
(5) Upon receipt of a written request, the department shall

26
provide a producer a copy of the most recent audited financial

02996'01 46

1
statement of the dairy plant that produces the dairy products of

2
that producer.

3
(6) A producer may file a written complaint with the depart-

4
ment requesting an independent audit regarding the ability of a

5
dairy plant that files an audited financial statement as a secur-

6
ity device and that produces the dairy products of the producer

7
to meet the minimum liquidity requirement described in

8
section 117. The complaint shall be accompanied by a certified

9
check in the amount of $100.00 and a signed document guaranteeing

10
full payment for the audit if required under subsection (7).

11
Upon receipt of the complaint and check, the department shall

12
notify the dairy plant and advise the dairy plant of the choice

13
of either having an independent audit conducted or of voluntarily

14
modifying the security device to either of the alternatives pro-

15
vided for in section 118 or 119.

16
(7) A dairy plant that requests an independent audit under

17
subsection (6) shall bear the cost of that audit if the depart-

18
ment determines that the independent audit establishes the dairy

19
plant's inability to meet the minimum liquidity requirement

20
described in section 117. The complainant shall bear the cost of

21
the audit if the department determines that the audit establishes

22
that the dairy plant meets the minimum liquidity requirement

23
described in section 117.

24
(8) If the dairy plant fails to meet the minimum liquidity

25
requirement described in section 117, the department shall return

26
to the complainant the fee described in subsection (6) and

27
suspend or revoke the dairy plant's license in the manner

02996'01 47

1
provided for in section 113. The department may reinstate a

2
suspended license or reissue a revoked license if the dairy plant

3
provides the department with a security device described in

4
section 118 or 119. If the department determines that the dairy

5
plant meets the minimum liquidity requirement described in

6
section 117, the $100.00 fee shall be forfeited to the dairy

7
plant.

8
Sec. 121. (1) A dairy plant that produces manufactured

9
dairy products may request a change in its security device at any

10
time. The department shall allow the change in the dairy plant's

11
security device if all requirements for the new security device

12
have been met and all producers doing business with the licensee

13
have been notified by the department.

14
(2) The department may require a dairy plant to provide a

15
change or increase in a security device if the department has

16
reason to believe, after reviewing relevant financial informa-

17
tion, that 1 or more of the following circumstances exist:

18
(a) The dairy plant no longer meets the minimum liquidity

19
requirement of this act.

20
(b) The dairy plant can no longer make payments in the

21
manner provided for in section 115(1).

22
(c) The value of the dairy plant's security device falls

23
below the requirements due to depreciation in the value of the

24
security, an increase in the maximum liability to producers, or

25
the cancellation or change of the security device as specified in

26
this act.

02996'01 48

1
(3) The department shall send written notice by certified

2
mail to the dairy plant stating the reasons for the demand for

3
change or increase in a security device and setting the date for

4
providing the changed or increased security device.

5
(4) The department shall notify all producers shipping dairy

6
products to a dairy plant that produces manufactured dairy pro-

7
ducts of the decision to require the dairy plant to modify or

8
change a security device. The notice required under this subsec-

9
tion shall be provided within 5 days after the department's issu-

10
ance of the order to require another security device.

11
Sec. 122. (1) A person injured by the breach of an obliga-

12
tion secured by a security device described in section 117, 118,

13
or 119, including a producer and a person representing a commod-

14
ity check-off program, may file with the department a verified

15
proof of claim or other evidence of default. Upon receipt of a

16
verified proof of claim or other evidence of default, the depart-

17
ment may issue an order requiring each interested creditor, as

18
may be known to the department, to file a verified proof of claim

19
before a certain date or be barred from participating in any

20
recovery made by the department.

21
(2) The department shall provide notice of the entry of an

22
order issued under subsection (1) by posting a copy of the order

23
on the premises described in the license and by publication in

24
accordance with the Michigan court rules that govern service of

25
process by publication. Publication shall be completed at least

26
30 days before the final date for the filing of claims.

02996'01 49

1
(3) The department shall make the necessary audit and issue

2
an order allowing or disallowing each claim presented. Within

3
30 days of that order, the department shall send to the principal

4
and surety, by certified mail, notice of allowance or disallow-

5
ance and request for the payment. The department may demand,

6
collect, and receive from the licensee, or from the surety or

7
sureties of the licensee the amount determined to be necessary to

8
satisfy the claims with interest at the judgment rate computed

9
from the date of loss. The department may request that the

10
department of attorney general commence an action for that pur-

11
pose in a court of competent jurisdiction. If the attorney gen-

12
eral prevails in whole or in part, the court shall award interest

13
from the date of loss at the judgment rate. Upon receipt of

14
money paid in partial or complete satisfaction of a claim as pro-

15
vided in this section, the department shall distribute to the

16
claimant in accordance with the order allowing the claim, in full

17
or proportionally.

18
(4) This section does not affect or impair any other lien,

19
security, or priority for the claim or judgment.

20
Sec. 123. The department shall notify producers delivering

21
dairy products to a licensed dairy plant that produces manufac-

22
tured dairy products of the type of security device used for the

23
benefit of producers and shall notify producers any time a

24
license is issued, renewed, or modified. The notice sent by the

25
department shall substantially conform to the following:

26
"Michigan law requires dairy plant licensees to demonstrate a

27
reasonable degree of financial responsibility to the Michigan

02996'01 50

1
department of agriculture. This act is designed to provide

2
reasonable assurance that producers will be paid for their milk;

3
however, it does not guarantee that producers will be paid. Each

4
producer has some responsibility for determining the

5
credit-worthiness of the dairy plant to which the producer is

6
selling milk. A dairy plant licensee may qualify for a license

7
by doing 1 of the following:

8
(a) Filing financial statements audited by a certified

9
public accountant with the department demonstrating that

10
the dairy plant meets the minimum liquidity requirement.

11
(b) Filing security with the department in an amount

12
determined by the department to be the greater of the

13
following:

14
(1) The value of the greatest milk receipts that the

15
dairy plant received within a consecutive 30-day period

16
during that dairy plant's most recent fiscal year.

17
(2) The greatest milk receipts that the dairy plant is

18
anticipated to receive during a 30-day period within

19
the licensing period.

20
(c) ____________________, (Name of dairy plant licensee)

21
is currently licensed on the basis of its audited finan-

22
cial statement meeting the minimum liquidity requirement

23
of a current ratio of at least 1.2 to 1 current assets to

24
current liabilities. The licensee's most recent year-end

25
financial statement audited by the firm of

26
____________________ (auditor's name) meets the following

27
minimum liquidity requirement,

02996'01 51

1
(or)

2
____________________ (name of dairy plant licensee) has

3
filed security with the department to secure payment to

4
producers. The maximum amount of security is the amount

5
determined to be the greater of the following:

6
(1) The value of the greatest milk receipts that the

7
dairy plant received within a consecutive 30-day period

8
during that dairy plant's most recent fiscal year.

9
(2) The greatest milk receipts that the dairy plant is

10
anticipated to receive within a 30-day period within

11
the licensing period, whichever is greater.

12
The security filed is in the following form or forms and

13
in the amount of: ________________________________________

14
__________________________________________________________

15
_______________________________________________________".

16
Sec. 124. A person, alone or through an agent, as the agent

17
of any other person, or as the officer or agent of any firm or

18
corporation, who does any of the following is guilty of a misde-

19
meanor punishable by a fine of not less than $250.00 and not more

20
than $2,500.00 or imprisonment for not more than 90 days, or

21
both:

22
(a) Violates this act or a rule promulgated under this act.

23
(b) Provides false or fraudulent information on an applica-

24
tion or in response to a request from the director.

25
Sec. 125. (1) The director shall impose upon a producer who

26
violates this act by selling or offering for sale milk which has

27
been found positive for violative drug residues on a test

02996'01 52

1
performed pursuant to sections 131 and 132 the following

2
sanctions and administrative fines and provide notice and the

3
opportunity for an administrative hearing:

4
(a) The following in the case of a first violative drug res-

5
idue within a 12-month period:

6
(i) The producer's milk shall not be offered for sale until

7
a subsequent sample of the producer's milk tests negative for

8
violative drug residues at an approved laboratory.

9
(ii) The producer shall pay an administrative fine equal to

10
the lost value of the milk on the entire contaminated load and

11
any costs associated with the disposition of that load. The

12
administrative fine shall be paid directly to the milk buyer.

13
The department shall be provided with written notification of the

14
payment. Written notification shall also be provided to the

15
department of the date and location of the disposal of the entire

16
contaminated load. Where a producer markets their own load of

17
milk, the producer shall provide written notification to the

18
department of the date and location of the disposal of the entire

19
contaminated load. If the producer's violative shipment did not

20
cause partial or total loss of a load of milk as determined by an

21
approved drug residue test, the producer shall pay an administra-

22
tive fine of $50.00 to the department. The milk buyer may pay

23
the administrative fine, if a like amount has been deducted from

24
the producer's milk check.

25
(b) The following in the case of a second violative drug

26
residue within a 12-month period:

02996'01 53

1
(i) The producer's milk shall not be offered for sale until

2
a subsequent sample of the producer's milk tests negative for

3
violative drug residues at an approved laboratory.

4
(ii) The producer shall pay an administrative fine equal to

5
the lost value of the milk on the entire contaminated load and

6
any costs associated with the disposition of that load. The

7
administrative fine shall be paid directly to the milk buyer.

8
The department shall be provided with written notification of the

9
payment. Written notification shall also be provided to the

10
department of the date and location of the disposal of the entire

11
contaminated load. Where a producer markets their own load of

12
milk, the producer shall provide written notification to the

13
department of the date and location of the disposal of the entire

14
contaminated load. If the producer's violative shipment did not

15
cause partial or total loss of a load of milk as determined by an

16
approved drug residue test, the producer shall pay an administra-

17
tive fine of $200.00 to the department. The milk buyer may pay

18
the administrative fine, if a like amount has been deducted from

19
the producer's milk check.

20
(iii) The producer will be required to test all milk prior

21
to shipment with a drug residue test acceptable to the director

22
for a minimum of 12 months and must retain records of these tests

23
for a minimum of 18 months.

24
(iv) The producer will be required to maintain complete drug

25
treatment records for all lactating or near lactating dairy

26
cattle for a minimum of 12 months and must retain records of

27
these treatments for a minimum of 18 months.

02996'01 54

1
(c) The following in the case of a third or any additional

2
violative drug residue within a 12-month period:

3
(i) The producer's milk shall not be offered for sale until

4
a subsequent sample of the producer's milk tests negative for

5
violative drug residues at an approved laboratory.

6
(ii) The producer shall pay an administrative fine equal to

7
the lost value of the milk on the entire contaminated load and

8
any costs associated with the disposition of that load. The

9
administrative fine shall be paid directly to the milk buyer.

10
The department shall be provided with written notification of the

11
payment. Written notification shall also be provided to the

12
department of the date and location of the disposal of the entire

13
contaminated load. Where a producer markets its own load of

14
milk, the producer shall provide written notification to the

15
department of the date and location of the disposal of the entire

16
contaminated load. If the producer's violative shipment did not

17
cause partial or total loss of a load of milk as determined by an

18
approved drug residue test, the producer shall pay an administra-

19
tive fine of $500.00 to the department. The milk buyer may pay

20
the administrative fine, if a like amount has been deducted from

21
the producer's milk check.

22
(iii) The suspension of the producer's permit for a period

23
not to exceed 60 days after notice and the opportunity for an

24
administrative hearing before the department.

25
(iv) The producer will be required to test all milk prior to

26
shipment with a drug residue test acceptable to the director for

02996'01 55

1
a minimum of 12 months and must retain records of these tests for

2
a minimum of 18 months.

3
(v) The producer will be required to maintain complete drug

4
treatment records for all lactating or near lactating dairy

5
cattle for a minimum of 12 months and must retain records of

6
these treatments for a minimum of 18 months.

7
(2) The director may accept verification, on forms accept-

8
able to the director, from the violative producer's milk market-

9
ing cooperative or purchaser of milk as satisfying the penalty

10
requirements and may verify the information.

11
(3) The disposal method and location of disposal for viola-

12
tive drug residue milk on the milk tank truck shall be immedi-

13 ately reported to the director, by the party making the disposal,

14
on forms provided by and acceptable to the director.

15
(4) The director shall investigate the cause of the viola-

16
tive drug residue and will discuss drug residue avoidance control

17
measures with the violative producer.

18
(5) Selling or offering for sale milk which has been found

19
violative for drug residues is determined by either of the fol-

20
lowing criteria:

21
(a) When milk is picked up from a milk producer by a milk

22
tank truck and not commingled with milk from other producers, the

23
milk becomes subject to possible drug residue penalties at the

24
point the milk tank truck leaves the farm with the milk.

25
(b) When milk is picked up from a milk producer by a milk

26
tank truck and commingled with milk from other producers, it

02996'01 56

1
becomes subject to possible drug residue penalties at the point

2
of commingling.

3
(6) Section 124 applies to a producer who violates this act

4
by selling or offering for sale milk which tests positive for

5
violative drug residues on a test performed pursuant to

6
sections 131 and 132 only under the following circumstances:

7
(a) The producer fails to pay the administrative fine

8
required by subsection (1) following subsections (8) and (9).

9
(b) The producer has been fined under subsection (1) 3 or

10
more times within the preceding 12-month period.

11
(7) After notice and an opportunity for an administrative

12
hearing pursuant to the administrative procedures act of 1969,

13
1969 PA 306, MCL 24.201 to 24.328, the director may revoke or

14
suspend a license or permit issued under this act for any viola-

15
tion of this act or a rule promulgated under this act. Except as

16
otherwise provided for under subsection (1), upon finding that a

17
person violated a provision of this act or rule promulgated under

18
this act, the director may impose an administrative fine of not

19
more than $1,000.00 and the actual costs of the investigation of

20
the violation.

21
(8) The administrative fines imposed under subsection (1) or

22
(7) shall be paid to the department within 10 days after notifi-

23
cation of the violation or within 10 days after notification of

24
adverse findings following a hearing or appeal, or both. The

25
administrative fines received by the department under

26
subsection (1) shall be deposited in the general fund and shall

27
be appropriated for the purpose of the training or education of

02996'01 57

1
producers in management procedures to avoid drug residue

2
contamination, and administrative fines received pursuant to

3
subsection (7) shall be deposited in the general fund.

4
(9) Failure to pay a load contamination or any other admin-

5
istrative fine imposed under this section within 120 days without

6
making acceptable arrangements for payment of the fine may result

7
in license revocation or permit suspension or court action, fol-

8
lowing notice and the opportunity for an administrative hearing.

9
(10) The director shall advise the attorney general of the

10
failure of any person to pay an administrative fine imposed under

11
this section. The attorney general shall bring an action in

12
court of competent jurisdiction to recover the fine.

13
(11) A decision of the director under this section is

14
subject to judicial review as provided by law.

15
(12) This section does not require the director to issue an

16
administrative fine or initiate court action for minor violations

17
of this act whenever the department believes that the public

18
interest will be adequately served under the circumstances by a

19
suitable written notice or warning.

20
Sec. 126. In addition to the remedies otherwise provided in

21
this act, the department may apply to circuit court to grant a

22
temporary or permanent injunction restraining any person from

23
violating this act or any rule promulgated pursuant to this act,

24
irrespective of whether there exists an adequate remedy at law.

25
ARTICLE 13

26
Sec. 130. (1) A person who offers milk to the public for

27
human consumption shall obtain that milk from cows, sheep, or

02996'01 58

1
goats that are located in areas under federal or state

2
supervision for the eradication of tuberculosis and brucellosis

3
and comply with those requirements for eradication of tuberculo-

4
sis and brucellosis. Each animal that produces milk for human

5
consumption shall be properly maintained and fed in a manner con-

6
sistent with department recommendations for the maintenance of

7
animals of that kind. Any dairy animals that are officially

8
classified as tuberculosis reactors as defined in the animal

9
industry act, 1988 PA 466, MCL 287.701 to 287.745, shall be

10
milked last or in separate equipment and the milk from these

11
cattle shall not be used or sold for human or animal

12
consumption.

13
(2) A person shall not sell or offer for human consumption

14
milk that is known to the person to be any of the following:

15
(a) Infected with mastitis or showing signs of being bloody,

16
ropy, or clumpy.

17
(b) Carrying a violative drug residue in an amount that

18
exceeds the maximum permitted under state or federal law.

19
(c) Containing a pesticide or other chemical in excess of

20
the maximum amount permitted under state or federal law.

21
(d) Not normal and fresh in odor or appearance or containing

22
excessive coarse sediment when examined organoleptically, visual-

23
ly, or by an accepted test procedure.

24
(e) Containing excessive sediment as determined by sediment

25
test methods provided in standard methods for the examination of

26
dairy products and classified to USDA sediment standards as more

27
than a no. 3.

02996'01 59

1
(f) Exceeds legal temperature, bacterial, or somatic cell

2
limits.

3
(3) A person in possession of milk described in

4
subsection (2) shall dispose of that milk in the manner directed

5
by the department.

6
(4) A milking barn or milking parlor shall be all of the

7
following:

8
(a) Well-lighted and ventilated.

9
(b) Of a size and arrangement adequate to provide for sani-

10
tary milking operations.

11
(c) Constructed with floors and gutters of concrete or other

12
impervious material.

13
(d) Kept clean, with manure removed daily and stored out of

14
reach of the animals that are subject to milking.

15
(e) Kept free of swine or fowl at all times.

16
(f) Constructed with a dust-tight ceiling.

17
(5) The yard and loafing area for dairy animals shall be all

18
of the following:

19
(a) Of ample size to prevent overcrowding.

20
(b) Drained to prevent the formation of standing pools.

21
(c) Kept as clean as is practicably possible.

22
(6) A person who obtains milk from a dairy animal shall do

23
all of the following:

24
(a) Ensure that the udders and flanks of the animal are kept

25
clean.

26
(b) Wash and wipe the udders and teats of the animal

27
immediately before milking with a clean cloth or paper towel that

02996'01 60

1
is treated with an approved sanitizing solution and dried with a

2
clean cloth or paper towel after washing, or use any other method

3
approved by the department.

4
(c) Wear clean outer clothing.

5
(d) Maintain clean and dry hands during milking.

6
(e) Refrain from handling the animal, milk containers, milk-

7
ing utensils, and equipment at any time the person has an

8
infected cut or open sore on either of his or her hands or arms.

9
(f) Milk last or with separate equipment those animals that

10
secrete abnormal milk and exclude that abnormal milk from the

11
milk that will be offered for human consumption.

12
(g) Maintain and properly store milk stools, surcingles, and

13
antikickers.

14
(h) Refrain from conducting an activity that raises dust in

15
the milking area immediately before or during milking.

16
(i) Store feed and concentrates in a tightly covered

17
container.

18
(j) Except for milk that is delivered to a processing plant

19
within 2 hours after the milking, cool and store milk that is

20
contained in cans and that will be used exclusively for cheese

21
manufacturing at 60 degrees Fahrenheit (16 degrees Celsius) or

22
lower at the farm within 2 hours after the milking.

23
(k) Cool milk that is stored in a dairy farm bulk tank to

24
50 degrees Fahrenheit (10 degrees Celsius) within 4 hours or less

25
of the commencement of the first milking, and to 45 degrees

26
Fahrenheit (7 degrees Celsius) or less within 2 hour s after

27
milking, provided that the blend temperature after the first

02996'01 61

1
milking and subsequent milkings does not exceed 50 degrees

2
Fahrenheit (10 degrees Celsius).

3
(7) A milkhouse or milkroom shall be all of the following:

4
(a) Well-lighted and ventilated. Lighting in the milkhouse

5
shall be adequate for milkhouse operations. A minimum of 1 light

6
for the wash vat and a light for each bulk tank opening shall be

7
provided. Nonelectric farms shall have the minimum of 1

8
battery-operated light for each bulk tank opening. Lights shall

9
not be positioned directly over bulk tank openings. Fuels used

10
for milkhouse operations shall not cause odors that may impart

11
off-flavors to the milk.

12
(b) Located in convenient proximity to a milking barn or

13
milking parlor.

14
(c) Constructed in accordance with applicable building

15
codes, with each of the following:

16
(i) A floor of concrete or other impervious material, graded

17
to provide appropriate drainage.

18
(ii) Walls and ceiling of a smooth, readily cleanable

19
material.

20
(iii) A platform or slab constructed of concrete or other

21
impervious material at the exterior of the milkhouse or milkroom,

22
centered beneath a suitable opening, fitted with a tight,

23
self-closing door, located on the exterior wall for milkhouse or

24
milkroom connections to bulk milk tanks. The platform or slab

25
shall be a minimum of 4 feet by 4 feet to provide sufficient room

26
and clean surface for the milk hauler to stand and handle the

27
milk transfer hose.

02996'01 62

1
(iv) A truck approach to the milkhouse or milkroom, properly

2
graded and surfaced to prevent mud or pooling of water at the

3
milk loading point.

4
(d) Equipped with a wash and rinse vat, utensil rack, and

5
milk cooling facilities, for the handling and cooling of milk,

6
and for the washing, handling, and storage of milking utensils

7
and equipment.

8
(e) Free of any product that the department determines is

9
likely to contaminate milk or create a public health hazard.

10
(f) Equipped with a supply of hot water adequate for clean-

11
ing milk utensils and equipment.

12
(g) Designed without a direct opening, and with a solid,

13
tight-fitting, self-closing door, at any entrance to a barn,

14
stable, or milking parlor.

15
(h) Designed with screens at all outside openings, unless

16
another means is provided to prevent the entrance of insects or

17
rodents into the milkhouse or milkroom. Screen doors shall be

18
tight-fitting and self-closing and open outward. Toilet facili-

19
ties located adjacent to the milkhouse or milking facilities

20
shall have self-closing doors and all outside openings shall be

21
screened.

22
(i) Plans for new facilities, remodeled facilities, or new

23
equipment installations must be submitted to the department for

24
prior approval.

25
(8) A dairy farm bulk tank shall be located in a milkhouse

26
or milkroom in a manner that allows access to all areas of the

27
tank for cleaning and servicing. A dairy farm bulk tank shall

02996'01 63

1
not be placed over a floor drain or under a ventilator or

2
unprotected light fixture. A dairy farm shall ensure that each

3
new farm bulk tank meets sanitary standards and is installed in

4
accordance with department specifications.

5
(9) The owner or operator of a milkhouse or milkroom shall

6
ensure all of the following:

7
(a) That the milkhouse or milkroom is clean and free of con-

8
taminants, animals, and fowl.

9
(b) That a pesticide is not stored in the milkhouse or

10
milkroom.

11
(c) That any pesticide used in or near the milkhouse or

12
milkroom is used in accordance with label instructions to prevent

13
the contamination of milk or equipment.

14
(d) That each utensil, milk can, milking machine, pipeline

15
system associated with a milking machine, and other equipment

16
used in the handling of milk is maintained in good condition,

17
free from rust, open seams, milkstone, and any unsanitary

18
condition.

19
(e) That each utensil and item of equipment used in the han-

20
dling of milk is of a smooth, noncorrosive material, washed,

21
rinsed, and drained after each milking, stored in an appropriate

22
manner, and sanitized immediately before use, by using dairy

23
cleaners, detergents, sanitizing agents, or other similar materi-

24
als labeled for dairy or food service use that will not contami-

25
nate or adversely affect the milk.

02996'01 64

1
(f) That each dairy farm tank used on the premises is

2
constructed of a material or materials approved by the department

3
and installed in accordance with subsection (1).

4
(g) That each item that is designed for a single use is

5
properly stored and is not reused.

6
(h) That the dairy farm water supply complies with the safe

7
drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, or, if

8
the water supply is not new or reconstructed after April 1, 1994,

9
the water supply is annually tested by a laboratory approved by

10
the department and found to be of safe and satisfactory quality

11
and in compliance with guidelines established by the department

12
of community health.

13
(i) That waste products are disposed of in a manner that

14
will not pollute the soil surface, contaminate a feed, milk, or

15
water supply, or be exposed to insects.

16
(10) A producer who ships milk in cans shall do each of the

17
following:

18
(a) Ensure that each milk can used in transporting milk from

19
dairy farm to plant is seamless with an umbrella lid for easy

20
cleaning.

21
(b) Inspect, repair, and replace milk cans as necessary to

22
prevent the use of cans and lids with open seams, cracks, rust,

23
milkstone, or any unsanitary condition.

24
(11) A producer who ships milk from a farm bulk tank shall

25
comply with the following:

26
(a) A farm tank on a dairy farm shall be installed so as to

27
remain level at all times.

02996'01 65

1
(b) A farm tank shall have an accurate indicating

2 thermometer stored in the milkhouse which may be either an inte-

3
gral thermometer in the farm tank or an approved thermometer

4
acceptable to the director.

5
(c) A farm tank shall have a calibrated means of measurement

6
and an accurate and legible volume to weight conversion chart,

7
unless the farm tank is mounted on an accurate scale. All mea-

8
suring devices must be in compliance with the weights and mea-

9
sures act of 1964, 1964 PA 283, MCL 290.601 to 290.634.

10
(d) A conversion chart shall bear the same serial number as

11
that found on the farm tank and measuring rod.

12
(e) The producer is responsible for recalibrating a farm

13
tank that does not have an accurate conversion chart. A recali-

14
bration must be in compliance with the weights and measures act

15
of 1964, 1964 PA 283, MCL 290.601 to 290.634. A person shall not

16
adjust, alter, or change a conversion chart unless the change,

17
alteration, or adjustment is made strictly according to the

18
requirements of the weights and measures act of 1964, 1964

19
PA 283, MCL 290.601 to 290.634.

20
(f) A farm tank shall not be filled to a capacity that

21
exceeds the calibrated limits as indicated by the conversion

22
chart. If the producer wishes to fill the tank nearer to the

23
top, the tank shall be calibrated to an additional height, which

24
still permits proper agitation without spillage.

25
(g) Milk to be offered for sale shall be cooled and stored

26
in the farm tank equipped with cooling and agitation. Other

02996'01 66

1
cooling and storage facilities may be used when approved in

2
writing by the director on a case-by-case basis.

3
(h) Milk production shall be of sufficient quantity so that

4
it can be properly agitated not later than at the completion of

5
the first milking into the farm tank.

6
(i) Facilities for effectively sanitizing farm tanks shall

7
be provided by the producer.

8
Sec. 131. (1) The department shall issue a license or

9
permit to haul cans of milk to the owner or operator of a truck

10
or vehicle used for hire to transport milk in cans from the farm

11
to the dairy plant.

12
(2) The owner of all trucks used to transport milk in cans

13
shall ensure that vehicles used comply with each of the

14
following:

15
(a) Each vehicle is enclosed, constructed, and operated to

16
protect the product from extreme temperature, dust, or other

17
adverse conditions and is kept clean.

18
(b) If more than 1 tier of cans is carried, the vehicle con-

19
tains decking boards or racks.

20
(c) Each vehicle contains cans that are used solely for the

21
transportation of milk from the farm to the plant and for no

22
other purpose.

23
(3) A licensed bulk milk hauler/sampler shall collect sam-

24
ples of milk from each load of milk he or she receives for trans-

25
port pursuant to the grade A milk law of 2001. A milk tank truck

26
driver engaged in direct farm pickup has direct responsibility

27
for accompanying official samples.

02996'01 67

1
(4) A licensed bulk milk hauler/sampler or milk

2
transportation company shall do each of the following:

3
(a) Ensure that the exterior shell of each bulk milk pickup

4
tanker is clean and free from open seams or cracks.

5
(b) Ensure that the interior shell of each bulk milk pickup

6
tanker is stainless steel and constructed to prevent buckling,

7
sagging, or complete drainage.

8
(c) Ensure that all product contact surfaces are smooth,

9
easily cleaned, and maintained in good repair.

10
(d) Fully enclose the pump and hose cabinet with

11
tight-fitting doors and provide inlet and outlet dust covers to

12
give adequate protection from road dust.

13
(e) Ensure that each new and replacement bulk milk pickup

14
tanker complies with sanitary standards. Each licensed or per-

15
mitted milk tank truck shall be used solely for the transporta-

16
tion of milk or dairy products or for other food or potable com-

17
modities approved by the department.

18
(f) Deliver producer samples collected pursuant to this sec-

19
tion to the dairy plant or receiving station as specified by the

20
department.

21
(g) License or permit the milk tank truck pursuant to the

22
grade A milk law of 2001.

23
(5) The dairy plant, transfer station, or receiving station,

24
or a laboratory selected by the dairy plant, transfer station, or

25
receiving station that is approved by the department, shall test

26
each producer's milk for each of the following, in accordance

27
with standard methods for the examination of dairy products,

02996'01 68

1
referenced in 7 C.F.R. 58, adopted by reference, at least 4 out

2
of every 6 months and report the following results to the

3
department:

4
(a) The presence of bacteria by standard plate count or

5
plate-loop count.

6
(b) The presence of a violative drug residue using any test

7
approved by the department or the food and drug administration

8
for that purpose.

9
(c) The presence of somatic cells using either a direct

10
microscopic somatic cell count test or an electronic somatic cell

11
count test.

12
(d) Temperature at time of bulk hauler pickup on the farm or

13
temperature of milk in cans when delivered to the dairy plant,

14
transfer station, or receiving station.

15
(e) Sediment as described in section 132(8)(e).

16
Sec. 132. (1) All milk shipped for processing or intended

17
to be processed on the farm where it was produced shall be sam-

18
pled and tested, prior to processing, for beta lactam drug

19
residues. Collection, handling, and testing of samples shall be

20
done according to procedures established by the department.

21
(2) A load sample shall be taken from the bulk milk pickup

22
tanker after its arrival at the plant and prior to further com-

23
mingling or processing. A load sample representing all of the

24
can milk received on a shipment shall be collected at the plant,

25
using a sampling procedure that includes milk from every can on

26
the vehicle. A load sample taken by the processor shall be

02996'01 69

1
collected at the plant using a sampling procedure that includes

2
all milk produced and received.

3
(3) A load sample that tests positive for a violative drug

4
residue shall be retained according to standards established by

5
the department as provided by law. The records of all sample

6
test results shall be retained for a period of not less than

7
12 months.

8
(4) When a load sample tests positive for a violative drug

9
residue, industry personnel shall notify the department immedi-

10
ately of the positive test result and of the intended disposition

11
of the shipment of milk containing the violative drug residue.

12
All milk testing positive for a violative drug residue shall be

13
disposed of in a manner that removes it from the human or animal

14
food chain, except when acceptably reconditioned under FDA com-

15
pliance policy guidelines. Each individual producer sample rep-

16
resented in the violative drug residue load sample shall be

17
singly tested as directed by the department to determine the

18
producer of the milk sample testing positive for a violative drug

19
residue. Identification of the producer responsible for produc-

20
ing the milk testing positive for a violative drug residue shall

21
be reported immediately to the department. Milk shipment from

22
the producer identified as the source of milk testing positive

23
for a violative drug residue shall cease immediately and may

24
resume only after a sample from a subsequent milking does not

25
test positive for a violative drug residue.

26
(5) The dairy plant or receiving station responsible for a

27
test described in this section shall deliver a copy of the test

02996'01 70

1
result to the department within 10 days after the dairy plant or

2
receiving station receives the test result. The producer is

3
required to insure the department is provided the required number

4
of producer's milk quality test results. The dairy plant or

5
receiving station shall maintain an original or copy of the test

6
result for at least 1 year.

7
(6) Raw milk shall not be processed or made available for

8
human consumption under any of the following circumstances:

9
(a) The bacterial estimate for that milk that is not used to

10
make cheese exceeds 500,000 per milliliter.

11
(b) The bacterial estimate for that milk that is used to

12
make cheese exceeds 750,000 per milliliter.

13
(c) The milk contains a violative drug residue at a level

14
that exceeds department limits for drug residue content.

15
(d) The somatic cell count for that milk exceeds 1,000,000

16
cells per milliliter.

17
(7) If a test under this section or section 131 indicates

18
the presence of a violative drug residue at a level that exceeds

19
department limits for drug residue content, the person who pro-

20
vided the milk for testing shall notify the producer of that milk

21
and the department of the test result. Upon receipt of a notice

22
under this subsection, the producer of that milk and any proces-

23
sor of that milk shall ensure that the milk is not made available

24
for human consumption and a processor shall not purchase addi-

25
tional milk from that producer until the department determines

26
that the producer has eliminated the cause of the violative drug

27
residue.

02996'01 71

1
(8) A milk buyer who receives notice or determines that a

2
producer's milk exceeds legal somatic cell levels, temperature

3
standards, or bacteria levels shall do all of the following:

4
(a) Within 7 days after receipt of the notice, inspect the

5
milk producer's facility and attempt to determine the cause or

6
causes of the illegal somatic cell level, temperature level, or

7
bacterial level.

8
(b) If the milk buyer determines that the producer's milk

9
contains somatic cells, temperature, or bacteria at a level

10
exceeding department limits for somatic cells, temperature, or

11
bacteria in 2 of the 4 most recent tests of the producer's milk,

12
notify the department and the producer of that determination.

13
(c) Obtain a subsequent sample of the producer's milk not

14
less than 3 days or more than 21 days after the department

15
inspects the producer's facility pursuant to this subsection.

16
(d) If the sample described in subdivision (c) contains

17
somatic cells, or temperature or bacteria at a level exceeding

18
department limits, notify the department and refrain from obtain-

19
ing any further milk from the producer once the director suspends

20
the producer's permit and until the permit is reinstated.

21
(e) The buyer shall examine sediment levels in each

22
producer's milk using procedures described in standard methods,

23
referenced in 7 C.F.R. 58. Samples shall be from a bulk milk

24
tank sample or from 1 or more cans. Sediment content shall be

25
based on comparison with applicable charts of the United States

26
department of agriculture sediment standards for milk and milk

02996'01 72

1
products, dated 1977, incorporated by reference. The buyer shall

2
report the results of these sediment tests to the department.

3
(9) Immediately following receipt of notice described in

4
subsection (8)(b), the department shall inspect a milk producer's

5
facility and attempt to determine and remedy the cause of an

6
illegal somatic cell count, temperature, or bacteria. The

7
department shall provide the milk producer with a written warning

8
notice of intent to suspend permit, and the notice shall remain

9
in effect for the period during which 2 of the 4 most recent sam-

10
ples collected under this section remain at a level exceeding

11
department limits. Another sample will be collected after 3 days

12
but within 21 days. If any sample so collected exceeds the limit

13
for that parameter while the milk producer is on warning notice,

14
the milk producer's permit will be suspended until the problem is

15
corrected to the satisfaction of the department, after being pro-

16
vided notice and an opportunity for an administrative hearing.

17
Four samples shall then be taken at the rate of not more than 2

18
per week on separate days within a 3-week period, and the depart-

19
ment shall reinstate the permit upon compliance with the appro-

20
priate standard.

21
(10) When a permit suspension has been due to a violation of

22
the somatic cell count standard, the department may issue a tem-

23
porary permit whenever a resampling of the herd's milk supply

24
indicates the milk supply to be within acceptable limits as

25
listed in section 70. Four samples shall then be taken at the

26
rate of not more than 2 per week on separate days within a 3-week

02996'01 73

1
period, and the department shall reinstate the permit upon

2
compliance with the appropriate standard listed in section 70.

3
(11) A dairy farm shall not ship milk for human consumption

4
until the occurrence of each of the following:

5
(a) The dairy farm notifies the buyer and the department of

6
its intent to become a milk shipper.

7
(b) The department inspects the dairy farm and completes a

8
written report verifying that the dairy farm is in substantial

9
compliance with this act.

10
(c) The department issues to the dairy farm a permit or tem-

11
porary permit without charge.

12
(12) A representative of the milk buyer shall do each of the

13
following:

14
(a) At least once annually, inspect all farms shipping milk

15
to that dairy plant or receiving station.

16
(b) For each inspection described in subdivision (a), com-

17
plete an inspection form approved by the department that identi-

18
fies all minimum requirements for milk manufacturing.

19
(c) Deliver a copy of the completed inspection form to the

20
owner or operator of the inspected farm, provide a copy of the

21
completed inspection form to the department, and file a copy of

22
that form with the records of the dairy plant or receiving

23
station.

24
(d) If an inspection under this subsection establishes the

25
existence of a condition that adversely affects milk quality,

26
conduct a subsequent inspection not later than 30 days after the

27
original inspection.

02996'01 74

1
(13) If adverse conditions continue after an inspection

2
described in subsection (12)(d), the representative of the milk

3
buyer shall notify the department. The department may suspend or

4
revoke the dairy farm's permit for failure to rectify a condition

5
that adversely effects milk quality.

6
Sec. 133. The department may examine test results and

7
inspect dairy farms as frequently as the department determines

8
necessary to assure compliance with this act. Upon receipt of a

9
written request from a person who purchases milk produced at a

10
dairy farm subject to this act, the department shall provide that

11
person with a copy of the department's inspection reports for the

12
dairy farm.

13
Sec. 134. (1) A producer who fails to meet minimum quality

14
standards set forth in section 70 or correct insanitary farm con-

15
ditions after the milk buyer or the department intervenes under

16
this act is prohibited from selling milk for human consumption.

17
After being prohibited, that producer may sell milk for human

18
consumption only if the department determines that the conditions

19
that caused the noncompliance have been corrected.

20
(2) A person shall not accept milk from a producer prohib-

21
ited from selling milk under this section unless the department

22
has determined that the condition causing the prohibition against

23
that producer has been remedied.

24
Sec. 135. Incoming raw milk and manufactured dairy products

25
shall not exceed the standards set forth in section 70. Plants

26
receiving commingled raw milk, heat treated, or pasteurized milk

27
will be sampled a minimum of 4 out of every 6 months. If 2 of

02996'01 75

1
the last 4 samples exceed the standard given, a warning notice

2
shall be issued and the plant shall remain on warning notice as

3
long as any 2 of the last 4 consecutive samples exceed the

4
limits. Another sample will be collected after 3 days but within

5
21 days. If any sample so collected exceeds the limit of that

6
parameter while the plant is on warning notice, the plant permit

7
will be suspended for the violative product until the problem is

8
corrected, after being provided notice and an opportunity for an

9
administrative hearing. Four samples shall then be taken at the

10
rate of not more than 2 per week on separate days within a 3-week

11
period, and the department shall reinstate the permit for that

12
product upon compliance with the appropriate standard.

13
Sterilized or aseptically processed milk and dairy products shall

14
comply with processing and biological standards established by

15
the scheduled process under 21 C.F.R. 113.

16
Sec. 136. (1) Only pasteurized milk and dairy products

17
shall be offered for sale, sold, or provided to the final con-

18
sumer except as specified in section 138.

19
(2) This section does not prohibit the consumption of unpas-

20
teurized milk by the on-farm family members of milk producers.

21
Sec. 137. The terms "pasteurization", "pasteurized", and

22
similar terms mean the process of heating every particle of milk

23
or dairy products to at least the temperature and time relation-

24
ships given in this section as follows or by any equivalent pro-

25
cess approved by the federal food and drug administration and

26
accepted by the department for that purpose:

02996'01 76

1
Pasteurization Temperature and Time Standards

2
Whole milk; skim milk; 145�F (63�C) 30 min

3
cheese milk; whey; 161�F (72�C) 15 sec

4
other products with less 191�F (89�C) 1.0 sec

5
than 10% butterfat or without 194�F (90�C) 0.5 sec

6
added sweeteners 201�F (94�C) 0.01 sec

7
204�F (96�C) 0.05 sec

8
212�F (100�C) 0.01 sec

9
_________________________________________________________________

10
Cream; condensed products; 150�F (66�C) 30 min

11
other products with 10% or 166�F (75�C) 15 sec

12
more butterfat or with 196�F (92�C) 1.0 sec

13
added sweeteners 199�F (93�C) 0.5 sec

14
206�F (97�C) 0.1 sec

15
209�F (99�C) 0.05 sec

16
217�F (103�C) 0.01 sec

17
_________________________________________________________________

18
Eggnog; frozen dessert mix 155�F (69�C) 30 min

19
175�F (80�C) 25 sec

20
180�F (83�C) 15 sec

21
_________________________________________________________________

22
Cream for butter making 165�F (74�C) 30 min

23
185�F (85�C) 15 sec

24
_________________________________________________________________

25
Milk or cream for plastic or 170�F (77�C) 30 min

26
frozen cream 190�F (88�C) 15 sec

02996'01 77

1
_________________________________________________________________

2
Ultra-pasteurized products 280�F (138�C) 2 sec

3
Sec. 138. Unpasteurized milk may be used in the manufacture

4
of cheese only as allowed in 21 C.F.R. 133, incorporated by ref-

5
erence, and if the cheese has been cured or ripened (aged) for

6
more than 60 days at a controlled temperature of not less than

7
35 degrees Fahrenheit (2 degrees Celsius), or as specified by

8
FDA.

9
Sec. 139. (1) All milk and dairy products shall be pasteur-

10
ized before entrance of the milk and dairy products into any of

11
the following:

12
(a) The evaporator or condensing equipment.

13
(b) The cheese-making process.

14
(c) The cheese culture making process.

15
(d) The frozen dessert mix freezing.

16
(e) The cultured product culturing.

17
(2) All dairy by-products from dairy plants used for feeding

18
purposes for farm animals shall be pasteurized or be derived from

19
pasteurized products.

20
(3) All milk and dairy products shall be pasteurized at the

21
plant at which they are processed or dried, except for crystal-

22
ized condensed whey and other high solids/low water activity pro-

23
ducts such as sweetened condensed milk, which shall be trans-

24
ported in tankers or containers dedicated to transporting pas-

25
teurized products. This subsection shall not be construed as

26
banning the transportation in nondedicated tankers of pasteurized

02996'01 78

1
milk or dairy products to another processing or drying plant for

2
repasteurization and processing or drying.

3
(4) All pasteurized milk and dairy products, except those to

4
be cultured and those to receive immediate additional heat treat-

5
ment in subsequent processes of manufacturing, shall be cooled

6
immediately in approved equipment to temperature criteria speci-

7
fied in section 70 or maintained at or above 145 degree

8
Fahrenheit (63 degrees Celsius).

9
(5) All pasteurization equipment shall comply with sanitary

10
standards and shall be tested by the department every 3 months

11
for proper construction and operation.

12
Sec. 140. A person who owns or operates a plant receiving

13
milk for manufacturing into a dairy product shall do each of the

14
following:

15
(a) Maintain premises in a clean and orderly condition.

16
(b) Prevent the emission of an odor, smoke, or pollutant

17
that exceeds department guidelines.

18
(c) Construct plant driveways and adjacent vehicular traffic

19
areas using concrete, asphalt, or other material approved by the

20
department for minimizing dust and mud and maintain those sites

21
pursuant to department guidelines.

22
(d) Construct a drainage system that provides for rapid,

23
nonhazardous water drainage from the plant, driveways, adjacent

24
traffic areas, and surface water sites located on plant property,

25
in a manner that prevents the development of a nuisance.

02996'01 79

1
(e) Ensure that each plant structure is of sound

2
construction and kept in good repair to prevent the entering or

3
harboring of rodents, birds, insects, vermin, dogs, and cats.

4
(f) Ensure that all exterior wall openings for pipes are

5
effectively sealed around the pipes or fitted with tight metal

6
collars.

7
(g) Ensure that all openings to the outdoors, including

8
doors, windows, skylights, and transoms, are effectively main-

9
tained and protected or screened against the entrance of insects,

10
rodents, birds, dust, and dirt. On new construction, window

11
sills should be slanted downward at a 45-degree angle.

12
(h) Ensure that all exterior doors fit properly and that all

13
hinged, exterior screen doors open outward.

14
(i) Ensure that all conveyor and other exterior openings are

15
effectively maintained and protected by the use of doors,

16
screens, flaps, fans, or tunnels to prevent the entrance of

17
insects, rodents, birds, dust, and dirt.

18
(j) Ensure that outside openings for sanitary pipelines are

19
covered when not in use.

20
(k) Ensure that wall, ceiling, partition, and post surfaces

21
of each room in which a milk or dairy product is stored, or in

22
which a dairy utensil is washed or stored, are smoothly finished

23
in a light colored material impervious to moisture.

24
(l) Refinish a surface described in subdivision (k) as fre-

25
quently as necessary to maintain a smooth finish.

26
(m) Ensure that the floor of each room in which a milk or

27
dairy product is processed, manufactured, packaged, handled or

02996'01 80

1
stored, or in which a dairy utensil is washed or stored, is each

2
of the following:

3
(i) Except as provided in subdivision (n), constructed of an

4
impervious material approved by the department.

5
(ii) Maintained in good repair.

6
(iii) Graded to prevent the forming of standing water or

7
milk.

8
(iv) Equipped with drains containing properly constructed

9
and maintained traps and designed to prevent sewage backup into

10
drain lines and the floor of the plant.

11
(n) Store new containers, supplies, and certain packaged

12
products in a room or rooms with floors described in

13
subdivision (m) or, upon department approval, in a room or rooms

14
with a clean, smooth wood floor.

15
(o) Equip the plant with adequate and well-distributed

16
lighting.

17
(p) Protect from potential broken glass contamination all

18
milk, dairy products, or dairy product ingredients located

19
beneath a suspended lightbulb, fixture, window, or other glass.

20
(q) Ensure that each room and compartment has adequate heat-

21
ing, air-conditioning, and ventilation to maintain sanitary con-

22
ditions and provide exhaust or inlet fans, vents, hoods, and tem-

23
perature and humidity control facilities as needed to minimize or

24
eliminate undesirable room temperatures, odors, moisture, conden-

25
sation, or mold.

26
(r) Install adequate air filtering devices on air inlet fans

27
to prevent the entrance of dirt and dust and ensure that each

02996'01 81

1
exhaust outlet is screened or provided with self-closing louvers

2
to prevent the entrance of insects when not in use.

3
(s) Clean and maintain in good repair each ventilation

4
system.

5
(t) Ensure that each room and compartment in which a raw

6
dairy material, packaging material, ingredient supplies, or dairy

7
product is manufactured, handled, packaged, or stored is

8
designed, constructed, and maintained to assure a stable and

9
appropriate temperature and clean operating conditions.

10
(u) Separate a processing room from a bulk milk receiving

11
room by walls or partitions and a solid, tight-fitting,

12
self-closing door.

13
(v) Keep processing rooms free from equipment not regularly

14
used.

15
(w) Maintain coolers and freezers containing milk or dairy

16
products as follows:

17
(i) At temperature and humidity levels that protect cooler

18
or freezer contents and minimize mold growth on or within the

19
cooler or freezer.

20
(ii) In a condition that protects cooler or freezer contents

21
from rodents, insects, and vermin.

22
(iii) With shelves that are clean and dry.

23
(iv) With equipment for the collection and disposal of

24
condensate.

25
(x) Maintain a supply room used for the storing of packaging

26
materials and miscellaneous ingredients in a clean, dry

02996'01 82

1
condition, free from insects, rodents, and mold, and maintained

2
in good repair.

3
(y) Protect items stored in a supply room from dust, dirt,

4
or other extraneous matter and arrange those items on racks,

5
shelves, or pallets to permit cleaning and inspection of the room

6
and access to the items.

7
(z) Label, segregate, and store insecticides, rodenticides,

8
cleaning compounds, and other nonfood products in a separate

9
supply room or cabinet away from milk, dairy products, ingredi-

10
ents, or packaging supplies.

11
(aa) Separate a boiler room and a shop room from other rooms

12
where milk and dairy products are processed, packaged, handled,

13
or stored and keep a boiler room and a shop room orderly and rea-

14
sonably clean.

15
(bb) Maintain conveniently located and adequate toilet

16
facilities that comply with the following:

17
(i) Are not open directly into any room in which milk or

18
dairy products are processed, packaged, or stored.

19
(ii) Have doors that are self-closing and ventilation pro-

20
vided by mechanical means or screened openings to the outside

21
air.

22
(iii) Have fixtures that are kept clean and in good repair.

23
(cc) Furnish each employee with a locker or other suitable

24
facility that is kept clean and orderly.

25
(dd) Conspicuously post signs in each toilet and locker room

26
directing employees to wash their hands before returning to

27
work.

02996'01 83

1
(ee) Maintain and adequately equip a laboratory consistent

2
with the size and type of plant and the volume of dairy products

3
manufactured and staff that laboratory with personnel qualified

4
and trained for quality control and analytical testing.

5
(ff) Maintain a central laboratory serving more than 1 plant

6
only if that laboratory is approved by the department and is con-

7
veniently located to the dairy plants.

8
(gg) Provide adequate sanitary starter facilities for the

9
handling of starter cultures.

10
(hh) Provide an adequate supply of both hot and cold water

11
of safe and sanitary quality, protected against contamination and

12
pollution, with adequate facilities for proper distribution of

13
water throughout the plant. Upon department approval, water from

14
other facilities may be used for boiler feed water and condenser

15
water if water lines are completely separated from the plant

16
water supply and the equipment constructed and controlled to pre-

17
clude contamination of product contact surfaces.

18
(ii) Prevent any cross-connection between safe water supply

19
and either an unsafe or questionable water supply or another

20
source through which contamination of the safe water supply is

21
possible.

22
(jj) Make an examination of the sanitary water supply and

23
recirculated product cooling mediums at least every 6 months or

24
as often as necessary to determine purity and suitability for use

25
in manufacturing dairy product systems. Such tests shall be made

26
and approved by the department except for supplies that are

27
regularly tested for purity and bacteriological quality. The

02996'01 84

1
most recent results of all water and cooling medium tests shall

2
be kept on file at the plant for which the test was performed.

3
(kk) Ensure that the location, construction, and operation

4
of a well complies with the safe drinking water act, 1976 PA 399,

5
MCL 325.1001 to 325.1023.

6
(ll) Provide conveniently located drinking water facilities

7
of a sanitary type in the plant.

8
(mm) Provide convenient hand-washing facilities, including

9
hot and cold running water, soap or other detergents, sanitary

10
single-service towels or air dryers, and covered trash containers

11 for used towels or other wastes and locate those facilities in or

12
adjacent to toilet and dressing rooms and convenient to the areas

13
where milk and dairy products are handled, processed, or stored

14
or where equipment is cleaned, sanitized, and stored.

15
(nn) Prohibit hand-washing in vats used for the cleaning of

16
equipment or utensils.

17
(oo) Supply steam in sufficient volume and pressure for sat-

18
isfactory operation of each applicable piece of equipment and

19
ensure each of the following:

20
(i) That culinary steam used in direct contact with milk or

21
dairy products complies with sanitary standards and is free from

22
harmful substances or extraneous material.

23
(ii) That only nontoxic boiler compounds are used.

24
(iii) That steam traps, strainers, and condensate traps are

25
used as necessary to ensure a safe steam supply.

26
(pp) Ensure that air under pressure that comes in contact

27
with milk or dairy products or any product contact surface

02996'01 85

1
complies with sanitary standards and ensure that the air under

2
pressure at the point of application is free from volatile sub-

3
stances, which may impart any flavor or odor to the products, and

4
extraneous or harmful substances.

5
(qq) Properly dispose of wastes from the plant and premises

6
and ensure that the plant sewer system has sufficient capacity to

7
readily remove all wastes from the various processing and plant

8
operations so as not to contaminate products or equipment or

9
create a nuisance or public health hazard.

10
(rr) Ensure that containers used for the collection and

11
holding of wastes are constructed of metal, plastic, or other

12
equally impervious material and kept covered with tight-fitting

13
lids and ensure that solid wastes are disposed of regularly and

14
the containers and surroundings kept reasonably clean.

15
(ss) In accordance with department policy, periodically

16
inspect and analyze dairy products being processed at the plant

17
during each process.

18
(tt) Submit detailed plans to the department for approval

19
before commencing new construction, remodeling, and process or

20
equipment changes.

21
Sec. 141. A person who owns or operates a plant receiving

22
milk for manufacturing into a dairy product shall do all of the

23
following:

24
(a) Ensure that the equipment and utensils used for the pro-

25
cessing of milk and dairy products are constructed to be readily

26
demountable when the department determines necessary for cleaning

27
and sanitizing.

02996'01 86

1
(b) Ensure that the product contact surfaces of all

2
equipment and utensils, including holding tanks, pasteurizers,

3
coolers, vats, agitators, pumps, sanitary piping and fittings,

4
and any specialized equipment, are constructed of stainless steel

5
or other equally corrosion-resistant material meeting various

6
sanitary standards for fabrication of dairy equipment.

7
(c) Ensure that nonmetallic parts having product contact

8
surfaces meet sanitary standards.

9
(d) Ensure that all equipment and piping is designed and

10
installed to be easily accessible for cleaning, kept in good

11
repair, and free from cracks and corroded surfaces.

12
(e) Ensure that new or rearranged equipment is kept away

13
from any wall or spaced in a manner that facilitates proper

14
cleaning and good housekeeping.

15
(f) Ensure that all parts or interior surfaces of equipment,

16
pipes not CIP cleaned, or fittings, including valves and connec-

17
tions, are accessible for inspection and meet sanitary

18
standards.

19
(g) Ensure that all new or replacement milk and dairy pro-

20
ducts pumps meet sanitary standards.

21
(h) Ensure that all CIP systems comply with sanitary

22
standards.

23
(i) Ensure that weigh cans and receiving tanks meet sanitary

24
standards established or approved by the department, are easily

25
accessible for interior or exterior cleaning, and are elevated

26
above the floor and protected sufficiently with the necessary

02996'01 87

1
covers to prevent contamination from splash, condensate, and

2
drippage.

3
(j) Ensure that each can washer has sufficient capacity and

4
ability to discharge a clean, dry can and cover and is kept prop-

5
erly timed in accordance with the instructions of the

6
manufacturer.

7
(k) Ensure that each water and steam line supplying a can

8
washer maintains a reasonably uniform pressure and if necessary

9
is equipped with pressure-regulating valves.

10
(l) Ensure that product storage tanks or vats comply with

11
all of the following:

12
(i) Meet sanitary standards.

13
(ii) Regarding the entire interior surface, agitator, and

14
all appurtenances of each tank or vat, are accessible for thor-

15
ough cleaning and inspection.

16
(iii) Regarding any opening at the top of each tank or vat,

17
including the entrance of the shaft, is suitably protected

18
against the entrance of dust, moisture, insects, oil, or grease.

19
(iv) Regarding sight glasses, if used, are sound, clear, and

20
in good repair.

21
(v) Regarding a vat with hinged covers, is designed so that

22
moisture or dust on the surface cannot enter the vat when the

23
covers are raised.

24
(vi) Regarding storage tanks or vats equipped with air agi-

25
tation, contain a properly installed air agitation system that

26
meets sanitary standards.

02996'01 88

1
(vii) Regarding storage tanks and vats intended to hold

2
dairy products for longer than 8 hours, are equipped with

3
adequate refrigeration or adequate insulation.

4
(viii) Are equipped with thermometers in good operating

5
order. All raw milk storage tanks or silos installed after the

6
effective date of this act that are not cleaned daily shall be

7
provided with an approved recording thermometer and shall be

8
cleaned and sanitized at least every 72 hours except as approved

9
by the director in writing, on a case-by-case basis.

10
(m) Ensure that all product contact surfaces of separators

11
are free from rust and pits and, if practicable, are of stainless

12
steel or other equally noncorrosive metals.

13
(n) Ensure that each batch pasteurizer has a temperature

14
indicator and recording device and conforms to sanitary standards

15
and complies with the following, as applicable:

16
(i) Has an air-space indicating thermometer that is accurate

17
within 1.0 degree Fahrenheit (0.5 degree Celsius) for the proper

18
temperature range at least 1 inch above the surface of the pro-

19
ducts pasteurized in a vat to ensure that foam in the vat or air

20
above the product pasteurized receives the minimum temperature

21
treatment required by the department.

22
(ii) Has a recording thermometer that is accurate within

23
1.0 degree Fahrenheit (0.5 degree Celsius) for the proper temper-

24
ature range.

25
(iii) Has surface coolers equipped with leak-proof gaskets

26
and connections and with hinged or removable covers for the

27
protection of the product and has edges of the covers that are

02996'01 89

1
designed to divert condensate on non-product-contact surfaces

2
away from product contact surfaces. The use of surface coolers

3
will be allowed only with specific written approval of the direc-

4
tor on a case-by-case basis.

5
(iv) Use recording thermometers accurate within 2.0 degrees

6
Fahrenheit (1.0 degree Celsius) to record holding and cooling

7
time.

8
(v) Provides long-stem or equally acceptable indicating

9
thermometers that are accurate within 0.5 degree Fahrenheit

10
(0.25 degree Celsius) for the applicable temperature range, for

11
checking the temperature of pasteurization and cooling of pro-

12
ducts in vats and checking the accuracy of recording

13
thermometers.

14
(o) Ensure that high-temperature, short-time pasteurization

15
equipment is tested and sealed by the department upon installa-

16
tion and quarterly thereafter and complies with sanitary stan-

17
dards and with the following, as applicable:

18
(i) In accordance with manufacturer recommendations, has in

19
each high-temperature, short-time pasteurizer a short-stem or

20
equally acceptable indicating thermometer that is accurate within

21
0.5 degree Fahrenheit (0.25 degree Celsius) for the applicable

22
temperature range, to be used for checking the accuracy of

23
recording thermometers.

24
(ii) Has in each storage tank for which the department

25
requires a temperature reading an indicating thermometer that is

26
accurate within 2.0 degrees Fahrenheit (1.0 degree Celsius).

02996'01 90

1
(iii) Provides that all new or replacement plate-type heat

2
exchangers meet sanitary standards, all gaskets are tight and

3
kept in good repair, and plates are opened at sufficiently fre-

4
quent intervals to determine if the equipment is clean and in

5
satisfactory condition.

6
(p) Ensure compliance with each of the following:

7
(i) Internal return tubular heat exchangers meet sanitary

8
standards.

9
(ii) Pumps used for milk and dairy products are of the sani-

10
tary type and constructed to meet sanitary standards.

11
(iii) Unless a pump is specifically designed for effective

12
cleaning in place, pumps are dismantled and cleaned after use.

13
(iv) Homogenizers and high-pressure pumps of the plunger

14
type comply with sanitary standards.

15
(v) New equipment and replacements, including all plastic

16
parts and rubber and rubberlike materials for parts and gaskets

17
having product contact surfaces, meet sanitary standards.

18
(vi) A vacuum chamber, if used, is made of stainless steel

19
or other equally noncorrosive material; is constructed to facili-

20
tate cleaning with all product contact surfaces accessible for

21
inspection; is equipped with a vacuum breaker and a check valve

22
at the product discharge line; uses only steam that meets the

23
sanitary standards; regulates incoming steam supply by an auto-

24
matic valve that cuts off the steam supply if the flow diversion

25
valve of the high-temperature short-time pasteurizer is not in

26
the forward flow position; and uses only condensers equipped with

27
a water level control and an automatic safety shutoff valve.

02996'01 91

1
(vii) Bulk storage and distribution equipment in dairy

2
plants for handling liquid sweetening agents, edible oils, or

3
other ingredients consists of suitable metals, alloys, or other

4
materials that will withstand corrosive action by the ingredients

5
and the equipment and ingredients are protected from

6
contamination. Pipelines containing liquid sweetening agents and

7
liquid chocolate remain flooded with the ingredient to prevent

8
mold growth or may be dismantled and washed.

9
(q) Ensure that the plant is provided with adequate ventila-

10
tion, that is acceptable to the director, to minimize possible

11
product contamination with condensation, dust, and odors.

12
Sec. 142. A person employed by a dairy plant shall comply

13
with all of the following, if applicable:

14
(a) Wash his or her hands before beginning work and upon

15
returning to work after using toilet facilities, eating, smoking,

16
or otherwise soiling his or her hands.

17
(b) Keep his or her hands clean and follow good hygienic

18
practices while on duty.

19
(c) Refrain from using tobacco in any form in each room and

20
compartment where any milk, dairy product, or other supplies are

21
prepared, stored, or otherwise handled.

22
(d) Wear clean, white, or light-colored washable outer gar-

23
ments or apron and a cap or hairnet while engaged in receiving,

24
testing, processing milk or dairy products, packaging, or han-

25
dling dairy products.

02996'01 92

1
(e) If afflicted with a communicable disease, not enter any

2
room or compartment where milk and dairy products are prepared,

3
manufactured, or otherwise handled.

4
(f) If he or she has a discharging or infected wound, sore,

5
or lesion on hands, arms, or other exposed portion of the body,

6
not work in any dairy processing rooms or in any capacity result-

7
ing in contact with the processing or handling of dairy

8
products.

9
(g) Each employee whose work brings him or her in contact

10
with the processing or handling of dairy products, containers, or

11
equipment shall comply with requirements for employee health as

12
specified under sections 2-201.11 to 2-201.15 of the food code

13
adopted under the food law of 2000, 2000 PA 92, MCL 289.1101 to

14
289.8111.

15
Sec. 143. (1) A person who owns or operates a dairy plant

16
shall do all of the following:

17
(a) Make available enclosed or covered facilities for wash-

18
ing and sanitizing of milk trucks, piping, and accessories at

19
central locations or at sites that receive or ship milk or dairy

20
products in milk transport tanks.

21
(b) Transfer milk under sanitary conditions from milk tank

22
trucks through stainless steel piping or approved tubing and cap

23
the sanitary piping and tubing when not in use.

24
(c) Hold and process milk under conditions and at tempera-

25
tures that will avoid contamination and rapid deterioration.

26
(d) Refrain from using drip milk from can washers or any

27
other source for the manufacture of dairy products.

02996'01 93

1
(e) Maintain milk in bulk storage tanks within the dairy

2
plant in a manner that minimizes bacterial increase and, except

3
when authorized by the department, maintain that milk at

4
45 degrees Fahrenheit (7 degrees Celsius) or lower until process-

5
ing begins.

6
(f) Ensure that the bacteriological content of commingled

7
raw milk in storage tanks is 1,000,000 or less total bacteria per

8
milliliter (300,000 per milliliter or less total bacteria in raw

9
milk for frozen desserts).

10
(g) Ensure the proper pasteurization of each particle of

11
milk or dairy product.

12
(h) Test samples of milk or a dairy product for phosphatase

13
by the method prescribed by the department.

14
(i) Take all necessary precautions to prevent contamination

15
or adulteration of the milk or dairy products during

16
manufacturing.

17
(j) Make available for department inspection all substances

18
and ingredients used in the processing or manufacturing of any

19
dairy product and ensure that those substances and ingredients

20
are wholesome and practically free from impurities.

21
(k) Ensure that milk or dairy products comply with the stan-

22
dards in section 70, the federal food, drug, and cosmetic act,

23
and standards listed for the milk products in 21 C.F.R., if

24
applicable.

25
(l) Maintain the equipment, sanitary piping, and utensils

26
used in receiving and processing of the milk and maintain

02996'01 94

1
manufacturing and handling of the product in a sanitary

2
condition.

3 (m) Ensure that sanitary seal assemblies are kept clean and

4
are removable on all agitators, pumps, and vats and inspect those

5
assemblies at regular intervals.

6
(n) Except as otherwise provided in this act, dismantle all

7
equipment after each day's use, except for that designed for CIP

8
cleaning, and thoroughly clean the equipment by using dairy

9
cleaners, detergents, sanitizing agents, or other similar materi-

10
als approved for dairy or food service use that will not contami-

11
nate or adversely affect the dairy products.

12
(o) Refrain from using steel wool or metal sponges in the

13
cleaning of any dairy equipment or utensils.

14
(p) Immediately before use, subject all product contact sur-

15
faces to an effective sanitizing treatment except where dry

16
cleaning is permitted.

17
(q) Store utensils and portable equipment used in processing

18
and manufacturing operations above the floor in clean, dry loca-

19
tions and in a self-draining position on racks constructed of

20
impervious corrosion-resistant material.

21
(r) Use CIP cleaning, including spray-ball systems, only on

22
equipment and pipeline systems which have been designed and engi-

23
neered for that purpose and employ careful attention to the

24
proper procedures to assure satisfactory cleaning.

25
(s) Ensure that all CIP installations comply with sanitary

26
procedures and post and follow the established cleaning

27
procedure.

02996'01 95

1
(t) Following the circulation of the cleaning solution,

2
thoroughly rinse and examine the equipment and lines for effec-

3
tiveness of cleaning and ensure that all caps, ends, pumps,

4
plates, and tee ends are opened or removed and brushed clean.

5
(u) Immediately before starting the product flow after the

6
cleaning procedure described in subdivision (s), treat the pro-

7
duct contact surfaces with an approved sanitizer.

8
(v) Clean, sanitize, and dry milk cans and lids before

9
returning to producers and inspect, repair, or replace cans and

10
lids to substantially exclude from use cans and lids showing open

11
seams, cracks, rust, milkstone, or any unsanitary condition.

12
(w) Maintain washers in a clean and satisfactory operating

13
condition and keep each washer free from accumulation of scale or

14
debris that may adversely affect the efficiency of the washer.

15
(x) Provide a covered or enclosed receiving, washing, and

16
sanitizing facility at each site that receives or ships milk or

17
dairy products in milk tank trucks. The dairy plant is not

18
required to provide milk tank truck wash facilities if milk tank

19
trucks are cleaned and sanitized at another approved facility.

20
(y) Clean and sanitize milk tank trucks, sanitary piping,

21
fittings, and pumps at least once each day after use and, if

22
those items are not to be used immediately after the emptying of

23
a load of milk, promptly wash those items after use and give bac-

24
tericidal treatment immediately before use.

25
(z) Identify each tank that is washed and sanitized by

26
attaching a tag to the outlet valve, bearing all of the following

27
information:

02996'01 96

1
(i) Plant and specific location where cleaned.

2
(ii) Date and time of washing and sanitizing and identifica-

3
tion number of the tank.

4
(iii) The name of each person who washed and name of each

5
person who sanitized the tank.

6
(aa) Maintain on the tank the tag attached pursuant to

7
subdivision (z) until the tank is again washed and sanitized and

8
ensure the receiving plant retains the tag for at least 15 days

9
or as the department may otherwise direct.

10
(bb) Wash all windows, glass, partitions, skylights, walls,

11
ceilings, and doors as often as necessary to keep them clean and

12
replace cracked or broken glass promptly.

13
(cc) Wipe or vacuum shelves and ledges as often as necessary

14
to keep them free from dust and debris and properly dispose of

15
the material picked up by a vacuum cleaner to destroy any insect

16
that may be present.

17
(dd) In addition to any commercial pest control service, if

18
one is utilized, designate an employee to perform a regularly

19
scheduled insect and rodent control program.

20
(ee) Properly label, handle, store, and use poisonous sub-

21
stances, insecticides, and rodenticides in such a manner as not

22
to create a public health hazard.

23
(ff) Maintain plant records, make those records available at

24
all reasonable times for department inspection, and, in accord-

25
ance with each of the following, send producer quality tests con-

26
tained in those records to the department within 10 days of the

27
completion of those tests:

02996'01 97

1
(i) Retain for 12 months sediment, temperature, drug

2
residue, somatic cell, and bacterial test results on raw milk

3
from each producer.

4
(ii) Retain for a period of 12 months routine test results.

5
(iii) Retain for 12 months retest results, if an initial

6
test places the milk producer in permit suspension status.

7
(iv) Retain for 12 months rejections of raw milk over the

8
no. 3 sediment standard for quality as established by the United

9
States department of agriculture.

10
(v) Retain for 6 months pasteurization recorder charts.

11
(vi) Retain for at least 6 months CIP recording charts.

12
(vii) Retain the most recent copy of an employee's employee

13
health certificate until the employee is no longer employed by

14
the plant.

15
(viii) Retain the most recent water sample and recirculated

16
cooling medium test results for at least 12 months.

17
(gg) Package milk and dairy products in department-approved

18
containers and packaging materials that do or are each of the

19
following:

20
(i) Cover and protect the quality of the contents during

21
storage and handling under normal conditions.

22
(ii) As uniform in weight and shape within each product size

23
or style as is practical.

24
(iii) Provide low permeability to air and vapor to prevent

25
the formation of mold growth and surface oxidation.

02996'01 98

1
(iv) Contain a wrapper resistant to puncturing, tearing,

2
cracking, or breaking under normal conditions of handling,

3
shipping, and storage.

4
(v) Sealed in conformity with the instructions of the

5
manufacturer.

6
(hh) Conduct the packaging of each dairy product or the cut-

7
ting and repackaging of each dairy product under sanitary condi-

8
tions prescribed by the department and ensure that each packaging

9
room, item of equipment, and packaging material is practically

10
free from mold and bacterial contamination by testing the level

11
of contamination in a manner approved by the department.

12
(ii) Dry store a product requiring dry storage at least

13
18 inches from any wall in an aisle, row, or section and lot in

14
an orderly manner rendering the product easily accessible for

15
inspection.

16
(jj) Regularly clean each room used for product storage and

17
ensure that each stored product is free from any other foreign

18
products, mold, absorbed odors, or vermin or insect infestation.

19
(kk) Maintain control of humidity and temperature in each

20
storage room at all times to prevent conditions detrimental to a

21
stored product and container.

22
(ll) Store a finished product requiring refrigeration on

23
shelves, dunnage, or pallets at a temperature that will best

24
maintain the initial quality of the product and ensure that the

25
product is not exposed to any substance from which the product

26
may absorb a foreign odor or be contaminated by drippage or

27
condensation.

02996'01 99

1
(mm) Purchase and store caps, parchment paper, wrappers,

2
liners, gaskets, and single-service sticks, spoons, covers, and

3
containers only in sanitary tubes, wrappings, or cartons that are

4
kept in a clean, dry place until used and handled in a sanitary

5
manner.

6
(2) A person who owns or operates a dairy plant shall legi-

7
bly mark or label each commercial bulk package containing dairy

8
products manufactured under this act with the name of the pro-

9
duct, quantity of contents, name and address of processor, manu-

10
facture, or distributor, ingredients including known allergens,

11
manufacturer lot number, plant code issued by the department

12
identifying where the product was manufactured, and with any

13
other identifying information required by the director. All man-

14
ufactured dairy products shall meet any applicable definitions

15
and standards of identity as promulgated under 21 C.F.R. 131 to

16
135.

17
(3) Retail packages shall be labeled as specified in

18
21 C.F.R. 101, 9 C.F.R. 317, and 9 C.F.R. 381 subpart N, adopted

19
by reference, and as specified under sections 3-202.17 and

20
3-202.18 of the food code adopted by the food law of 2000, 2000

21
PA 92, MCL 289.1101 to 289.8111.

22
(4) Commercial bulk packages of frozen desserts with remov-

23
able lids shall be labeled on the body of the container.

24
(5) Bulk shipments of milk or dairy products shall be accom-

25
panied by a bill of lading containing the following information:

26
(a) Shipper's name, address, and permit number.

02996'01 100

1
(b) Permit identification of hauler if not an employee of

2
the shipper.

3
(c) Point of origin of shipment.

4
(d) Tanker identity number.

5
(e) Name of product.

6
(f) Weight of product.

7
(g) Grade of product.

8
(h) Temperature of product.

9
(i) Date of shipment.

10
(j) Name of supervising regulatory agency at the point of

11
origin.

12
(k) Whether the contents are raw, pasteurized, or, in the

13
case of cream, lowfat, or skim milk, whether it has been heat

14
treated.

15
(l) Seal number on inlet and outlet.

16
(6) Cheese and cheese products that are unpasteurized shall

17
be labeled according to the requirements of 21 C.F.R. 133 and

18
this section.

19
ARTICLE 15

20
Sec. 150. A person who owns or operates a plant manufactur-

21
ing, processing, or packaging instant nonfat dry milk, nonfat dry

22
milk, dry whole milk, dry buttermilk, dry whey, or other dry milk

23
products shall do all of the following:

24
(a) Ensure that each storage room for the dry storage of a

25
product is all of the following:

26
(i) Adequate in size.

02996'01 101

1
(ii) Maintained in good repair and kept clean, orderly, free

2
from rodents, insects, and mold.

3
(iii) Adequately lighted and ventilated.

4
(iv) Free from structural defects and inaccessible areas

5
which may harbor insects.

6
(b) Provide a separate room or area constructed in compli-

7
ance with this section and comply with all of the following for

8
filling bulk bins, drums, bags, or other bulk containers:

9
(i) Keep the number of control panels and switchboxes in the

10
room or area to a minimum and mount each control panel a suffi-

11
cient distance from walls mounted in a wall with tight fitting

12
removable doors to facilitate cleaning.

13
(ii) Provide an exhaust system adequate to minimize the

14
accumulation of product dust within the room or area.

15
(iii) If needed, provide and maintain a dust collector to

16
keep roofs and outside areas free of dry product.

17
(iv) Keep only packaging materials that are used within a

18
day's operation in the packaging area.

19
(v) Keep packaging materials on metal racks or tables at

20
least 6 inches above the floor and prohibit the presence of

21
unnecessary fixtures, equipment, or areas of inaccessible space

22
which may collect dust and harbor insects in the packaging room.

23
(c) Provide either of the following:

24
(i) A separate room for the transfer of bulk dry milk pro-

25
ducts from bags, bins, or drums to hoppers and conveyors leading

26
to fillers that meets the requirements for construction and

27
facilities of a bulk packaging plant.

02996'01 102

1
(ii) An area or facility for the transfer of dry milk

2
products from portable bulk bins if gasketed surfaces or direct

3
connections are present and substantially eliminate the escape of

4
product into the area.

5
(d) Provide a separate room for the filling of small pack-

6
ages that meets the same requirements for construction and facil-

7
ities of a bulk packaging plant.

8
(e) Ensure that each preheater is of stainless steel or

9
other equally corrosion resistant material and is cleanable,

10
accessible for inspection, and equipped with suitable automatic

11
temperature controls.

12
(f) Ensure that each hotwell is enclosed or covered and

13
equipped with indicating thermometers either within the hotwell

14
or in the hot milk inlet line to the hotwell, and ensure that a

15
hotwell used for holding high heat products has a recorder.

16
(g) Equip each open-type evaporator or vacuum pans with an

17
automatic condenser water level control, barometric leg, or

18
ensure that the evaporator or pan is constructed to prevent water

19
from entering the product and meets sanitary standards.

20
(h) If surge tanks are used for hot milk and temperatures of

21
product including foam being held in the surge tank during pro-

22
cessing is not maintained at a minimum of 145�F (63�C), install 2

23
or more surge tanks with connections to permit flushing and

24
cleaning during operation and flush and clean each tank at least

25
once every 4 hours during operation to prevent the buildup of

26
bacterial levels or toxins.

02996'01 103

1
(i) Provide surge tank covers easily removable for cleaning

2
and use a surge tank cover at all times a surge tank is in use.

3
(j) Provide high pressure lines approved by the department

4
that may be cleaned in place and are of such construction that

5
dead-ends, valves, and high pressure pumps can be dismantled for

6
hand cleaning.

7
(k) Provide spray dryers of continuous discharge type that

8
have all of the following:

9
(i) Product contact surfaces of stainless steel or other

10
equally corrosion resistant material.

11
(ii) Joints and seams on the product contact surfaces that

12
are welded and ground smooth.

13
(iii) A design that facilitates ease in cleaning and

14
inspection.

15
(iv) Sight glasses or ports of sufficient size located at

16
strategic positions.

17
(v) Air intake filters and air intake and exhaust recording

18
thermometers.

19
(vi) A filter system consisting of filtering media or

20
devices that will effectively, and in accordance with good manu-

21
facturing practices, prevent the entrance of foreign substances

22
into the drying chamber.

23
(l) Clean the filtering system and replace component parts

24
of a dryer as often as necessary to maintain a clean and adequate

25
air supply and take precautions to assure complete combustion in

26
gas fired dryers.

02996'01 104

1
(m) Ensure that air is drawn into the dryer from sources

2
free from odors and smoke, dust, or dirt.

3
(n) Ensure that the drums of a roller dryer are smooth,

4
readily cleanable, and free of pits and rust.

5
(o) Maintain dryer knives in a manner that prevents scoring

6
of the dryer drums.

7
(p) Ensure that a dryer has each of the following:

8
(i) End boards that are readily cleanable, have an impervi-

9
ous surface, and a means of adjustment to prevent leakage and

10
accumulation of milk solids.

11
(ii) A stack, hood, the drip pan inside of the hood, and

12
related shields constructed of stainless steel and readily

13
cleanable.

14
(iii) A lower edge of the hood constructed to prevent con-

15
densate from entering the product zone.

16
(iv) A hood located in compliance with department

17
guidelines.

18
(v) A stack that remains closed when the dryer is not in

19
operation and that removes all vapors when the dryer is in

20
operation.

21
(vi) Augers of stainless steel or of material approved by

22
the department and that are readily cleanable.

23
(vii) Auger troughs and related shields of stainless steel

24
or of other equally acceptable materials approved by the depart-

25
ment that are readily cleanable.

02996'01 105

1
(q) Provide a filtering system approved by the department to

2
prevent dust, dirt, and all air entering the dryer from entering

3
the drying room.

4
(r) Clean the filtering system and replace component parts

5
as often as necessary to maintain a clean and adequate air

6
supply.

7
(s) Make all dryer adjustments and ensure that the dryer is

8
operating normally before collecting food grade powder from the

9
dryer.

10
(t) Ensure that collectors are made of stainless steel or

11
equally noncorrosive material and constructed to facilitate

12
cleaning and inspection.

13
(u) Ensure that filter sack collectors, if used, are in good

14
condition and that the system is constructed to render all parts

15
accessible for cleaning and inspection.

16
(v) Ensure that conveyors are of stainless steel or equally

17
corrosion resistant material and constructed to facilitate thor-

18
ough cleaning and inspection.

19
(w) Provide cooling equipment with sufficient capacity to

20
cool the product to 110�F (43.3�C) or lower immediately after the

21
product's removal from dryer and prior to packaging.

22
(x) If bulk bins are used, cool the product to at least 90�F

23
(32.2�C) and no more than 110�F (43.3�C).

24
(y) Provide a suitable dry air supply with effective filter-

25
ing when air cooling and conveying is used.

26
(z) Ensure that all special equipment, including

27
instantizing systems, flakers, pulverizers, and hammer mills used

02996'01 106

1
to process dry milk products are of sanitary construction and

2
that all parts are accessible for cleaning and inspection.

3
(aa) Ensure that all newly installed sifters used for dry

4
milk and dry milk products meet standards established or approved

5
by the department and that all other sifters are constructed of

6
stainless steel or other equally noncorrosive material and are of

7
sanitary construction and accessible for cleaning and

8
inspection.

9
(bb) Ensure that the mesh size of sifter screen used for

10
various dry milk products are those recommended in sanitary

11
standards.

12
(cc) Ensure that bulk bins are constructed of stainless

13
steel, aluminum, or other equally corrosion resistant materials,

14
free from cracks and seams, and have an interior surface and all

15
product contact surfaces that are smooth and easily cleanable.

16
(dd) If automatic sampling devices are used, ensure that

17
they are constructed in a manner that prevents contamination of

18
the product with all parts readily accessible for cleaning.

19
(ee) Ensure that the product contact surfaces of dump hop-

20
pers, screens, mixers, and conveyors used for transferring dry

21
products from bulk containers to fillers for small packages or

22
containers are of stainless steel or equally corrosion resistant

23
material designed to prevent contamination and have all parts

24
accessible for cleaning.

25
(ff) Ensure that a dump hopper is at a height above floor

26
level to prevent foreign material or spilled product from

27
entering the hopper.

02996'01 107

1
(gg) Ensure that all filling and packaging equipment is of

2
sanitary construction and all parts, including valves and filler

3
heads, are accessible for cleaning.

4
(hh) Ensure that each plant handling dry milk products is

5
equipped with a heavy duty industrial vacuum cleaner and estab-

6
lish a vacuuming schedule approved by the department.

7
(ii) Provide persons with clean clothing and shoe covers

8
exclusively for the purpose of cleaning the interior of the dryer

9
when it is necessary to enter the dryer to perform the cleaning

10
operation.

11
(jj) Pasteurize all milk, buttermilk, and whey used in the

12
manufacture of dry milk products at the plant where dried, except

13
that condensed whey and acidified buttermilk containing 40% or

14
more solids may be transported to another plant for drying with-

15
out repasteurization if it is transported in a milk tank truck

16
dedicated to hauling pasteurized product.

17
(kk) Pasteurize milk, dairy product blends, or skim milk to

18
be used in the manufacture of dry milk or dry milk blends prior

19
to condensing using the temperature and time standards in

20
section 137. Dry milk blends shall be pasteurized at temperature

21
and time standards approved for equivalent solids and fat content

22
dairy products.

23
Sec. 151. (1) A person may transport to a drying plant con-

24
densed skim made from pasteurized skim milk. Condensed skim

25
shall be effectively repasteurized at the drying plant, before

26
drying, at not less than 166�F (75�C) for 15 seconds or the

02996'01 108

1
equivalent period in bacterial destruction approved by the

2
department.

3
(2) A person shall pasteurize all buttermilk or substance

4
from which the cream is derived before condensing at a tempera-

5
ture of 161�F (72�C) for 15 seconds or the equivalent period in

6
bacterial destruction approved by the department.

7
(3) A person shall pasteurize all cheese whey or milk from

8
which the cheese whey is derived before condensing at a tempera-

9
ture of 161�F (72�C) for 15 seconds or the equivalent period in

10
bacterial destruction approved by the department.

11
(4) A person shall use surge tanks or balance tanks between

12
evaporators and a dryer only to hold the minimum amount of con-

13
densed product necessary for a uniform flow to the dryers and

14
shall either ensure each tank holds the condensed product at tem-

15
peratures specified in section 70 or completely empty and wash

16
each tank after each 4 hours of operation or less. In either

17
case, the person shall provide alternate tanks to permit continu-

18
ous operation during washing of tanks.

19
(5) Production of a condensed product that exceeds the

20
amount a dryer will take continuously from pans may be bypassed

21
through a cooler into a storage tank at temperatures specified in

22
section 70 and held at that temperature until a dryer is

23
available.

24
(6) A person shall make product cut-off points at least

25
every 24 hours and completely empty, wash, and sanitize a storage

26
tank before reusing the tank.

02996'01 109

1
Sec. 152. (1) A person shall operate a dryer at not more

2
than the manufacturer's recommended capacity for the highest

3
quality dry product and may remodel or redesign a dryer after

4
installation upon department approval. A person shall remove dry

5
products from the drying chamber upon completion of each drying

6
cycle.

7
(2) Before packaging and immediately following removal of a

8
dry product from the drying chamber, a person shall cool the dry

9
product to a temperature not exceeding 110�F (43.3�C).

10
(3) A person who packages a dry milk product shall ensure

11
that each package or container used for the packaging of a dry

12
milk product is of a clean, sound, commercially accepted material

13
that will protect the packaged contents to the department's

14
satisfaction. A dry milk product packager shall not package a

15
dry milk product in a container previously used for nonfood items

16
or food deleterious to the dairy product.

17
(4) A person who packages dry milk shall ensure all of the

18
following:

19
(a) That empty containers are protected at all times from

20
possible contamination.

21
(b) That a lined container is not lined more than 1 hour

22
before the container is filled.

23
(c) That precaution is taken during the filling operation to

24
adequately minimize product dust and spillage.

25
(d) That, when necessary, a mechanical shaker is provided.

26
(e) That the tapping or pounding of containers does not

27
occur.

02996'01 110

1
(f) That a container is closed immediately after filling.

2
(g) That a container's exterior is vacuumed or brushed when

3
necessary to render it practically free of product remnants

4
before that container is removed from the filling site.

5
(h) That each dryer, conveyor, sifter, and storage bin is

6
clean and maintained in a sanitary condition.

7
(i) That in addition to a commercial pest control service,

8
if any, a person designated by the packager implements a regu-

9
larly scheduled insect and rodent control program approved by the

10
department.

11
Sec. 153. (1) A person conducting a dry milk product

12
repackaging operation shall do all of the following:

13
(a) Ensure that repackaging occurs in a sanitary manner and

14
take all precautions to prevent contamination and minimize dust.

15
(b) Ensure that all exterior surfaces of each individual

16
container are practically free of product before the container is

17
wrapped or packaged in shipping containers.

18
(c) Keep the floor of each packaging site free of dust accu-

19
mulation, waste, cartons, liners, or other refuse.

20
(d) Vacuum conveyors, packaging, and carton making equipment

21
throughout each packaging day to prevent the accumulation of

22
dust.

23
(e) Prohibit bottles or glass material of any kind in the

24
repackaging or hopper room.

25
(f) Ensure that the inlet openings of all hoppers and bins

26
are of a size approved by the department, screened, and placed at

27
least 6 inches above the floor level.

02996'01 111

1
(g) Clean the packaging site and all packaging equipment as

2
often as necessary to maintain a sanitary operation and thor-

3
oughly examine and clean points of equipment where residues of

4
the dry product may accumulate.

5
(h) Thoroughly clean windows, doors, walls, light fixtures,

6
and ledges of the packaging site as frequently as necessary to

7
maintain department standards of cleanliness and sanitation.

8
(i) Identify and dispose of waste dry milk products at the

9
fillers in a manner that ensures that the waste dry milk product

10
is not used for human consumption.

11
(2) A person packaging a dry milk product shall do all of

12
the following:

13
(a) Store or arrange the packaged dry milk product in

14
aisles, rows, or sections and lots at least 18 inches from any

15
wall and in an orderly manner that allows easy access for inspec-

16
tion or for cleaning of the site.

17
(b) Place all bags and small containers of product on pal-

18
lets elevated approximately 6 inches from the floor.

19
(c) Keep the storage site clean and dry and all openings to

20
the storage site protected against insects and rodents.

21
(d) Arrange all supplies on dunnage or pallets in an orderly

22
manner for accessibility and cleaning of the storage site.

23
(e) Keep supplies enclosed in their original wrapping mate-

24
rial until used.

25
(f) Keep supplies removed from their original containers in

26
an enclosed metal cabinet, bin, or on shelving, and protected

27
from powder and dust or other contamination.

02996'01 112

1
(g) Vacuum the storage site as often as necessary to

2
preserve cleanliness and order.

3
(h) Take all necessary precautions throughout the entire

4
operation to prevent the adulteration of 1 product with another.

5
Sec. 154. Dryers, conveyors, sifter, and storage bins shall

6
be cleaned as often as is necessary to maintain such equipment in

7
a clean and sanitary condition. The kind of cleaning procedure

8
either wet or dry and the frequency of cleaning shall be based

9
upon observation of actual operating results and conditions.

10
Sec. 155. A person who owns or operates a plant manufactur-

11
ing, processing, and packaging butter and related products shall

12
comply with all of the following:

13
(a) Contain coolers or freezers, or both, that are each of

14
the following:

15
(i) Equipped with facilities for maintaining proper tempera-

16
ture and humidity conditions, consistent with good manufacturing

17
practices for the applicable product, to protect the quality and

18
condition of the products during storage or processing.

19
(ii) Kept clean, orderly, and free from insects, rodents,

20
and mold.

21
(iii) Maintained in good repair.

22
(iv) Adequately lighted.

23
(v) Capable of maintaining proper circulation of air at all

24
times.

25
(vi) Constructed to allow thorough cleaning of the floors,

26
walls, and ceilings.

02996'01 113

1
(b) Contain properly constructed and sanitary churn rooms

2
equipped to keep air free from odors and vapors and extreme

3
temperatures by means of adequate ventilation and exhaust systems

4
or air conditioning and heating facilities.

5
(c) Provide an atmosphere with no more than 10 mold colonies

6
per cubic foot of air that is free of dust or other airborne con-

7
tamination and maintained at a reasonable room temperature.

8
(d) If the plant has a continuous churn, ensure that all

9
product contact surfaces of the churn are of noncorrosive mate-

10
rial readily accessible for cleaning and inspection and all non-

11
metallic product contact surfaces comply with standards estab-

12
lished or approved by the department.

13
(e) If the plant has a conventional churn, ensure that the

14
churn has tight seals around each door and is constructed of alu-

15
minum, stainless steel, or an equally corrosion resistant materi-

16
al, free from cracks, in good repair, and all gasket material is

17
fat resistant, nontoxic, and reasonably durable.

18
(f) Ensure that bulk butter trucks, boats, and packers are

19
constructed of aluminum, stainless steel, or an equally corrosion

20
resistant material, are free from cracks and seams, and have sur-

21
faces that are smooth and easily cleanable.

22
(g) Ensure that shavers, shredders, or melting machines used

23
for the rapid melting of butter or frozen or plastic cream are

24
constructed of stainless steel or an equally corrosion resistant

25
material that is sanitary and readily cleanable.

26
(h) Ensure that all printing equipment is designed to

27
readily allow cleaning of product contact surfaces and that all

02996'01 114

1
product contact surfaces except conveyors are constructed of

2
aluminum, stainless steel, or equally corrosion resistant mate-

3
rial that meets department standards.

4
(i) Ensure that conveyors are constructed of material that

5
can be properly cleaned and maintained in manner satisfactory to

6
the department.

7
(j) Ensure that each brine tank used for the treating of

8
parchment liners is constructed of noncorrosive material, has an

9
adequate and safe means of heating the salt solution for the

10
treatment of the liners, and has a satisfactory drainage outlet.

11
(k) Ensure that each bulk starter vat is both of the

12
following:

13
(i) Constructed of stainless steel or an equally corrosion

14
resistant material, in accordance with standards established or

15
approved by the department.

16
(ii) In good repair, equipped with tight-fitting lids, and

17
containing effective temperature controls.

18
Sec. 156. A person shall not sell, offer for sale or expose

19
for sale, or have in possession with intent to sell any butter

20
that does not conform to this act and shall not sell to the con-

21
sumer any butter that has not been churned from wholesome cream

22
and properly labeled.

23
Sec. 157. (1) Only a grader approved by the department

24
shall grade butter.

25
(2) Standards for grading are those described in

26
7 C.F.R. 58.

02996'01 115

1
(3) As used in this section, "grade" means the

2
classification of butter by its examination for flavor, aroma,

3
body and texture, color, salt, package, and such other factors as

4
may be approved by the department.

5
Sec. 158. (1) The department may require a plant to provide

6
chlorinating facilities for butter wash water.

7
(2) A person who owns or operates a plant shall take all

8
necessary precautions to prevent contamination of products.

9
(3) In the packaging of butter and related products, a plant

10
shall use commercially acceptable containers or packaging mate-

11
rial that will protect the quality of the contents in a manner

12
acceptable to the department. All cups or tubs containing

13
2 pounds or less shall have tops or covers that extend over the

14
lip of the container to protect the product from contamination

15
during subsequent handling.

16
Sec. 159. A person who owns or operates a plant shall pro-

17
tect supplies of parchment liners, wrappers, and other packaging

18
material against dust, mold, and other possible contamination and

19
do each of the following:

20
(a) Prior to use, completely immerse parchment liners or

21
bulk butter packages in a boiling salt solution within a stain-

22
less steel or other equally noncorrosive material for not less

23
than 30 minutes.

24
(b) Ensure that the solution described in subdivision (a)

25
consists of at least 15 pounds of salt for every 85 pounds of

26
water and is strengthened or changed as frequently as necessary

27
to keep the solution full strength and in good condition.

02996'01 116

1
(c) Treat or handle liners such as polyethylene and each

2
lined butter container in such a manner as to prevent contamina-

3
tion of the liner prior to filling.

4
(d) Print and package consumer size containers of butter

5
under sanitary conditions.

6
(e) Legibly mark commercial bulk shipping containers with

7
the name of the product, net weight, name and address of manufac-

8
turer, processor or distributor, or an assigned plant identifica-

9
tion number or any other identification that the department may

10
require.

11
(f) Mark packages of plastic or frozen cream with the per-

12
cent of milkfat.

13
(g) Except as provided in subdivisions (i) through (k), keep

14
all products under refrigeration at temperatures of 40�F (4.4�C)

15
or lower after packaging and until ready for shipment.

16
(h) Ensure that the products are not placed directly on

17
floors or exposed to foreign odors or conditions such as drippage

18
due to condensation which might cause package or product damage.

19
(i) If plastic cream or frozen cream is to be quick-frozen,

20
place the product in quick freezer rooms immediately after pack-

21
aging, and ensure rapid and complete freezing within 24 hours by

22
doing all of the following:

23
(i) Pile or space the packages in a manner that allows air

24
to freely circulate among and around the packages.

25
(ii) Maintain the rooms at -10�F (-23�C) or lower.

26
(iii) Equip each room to provide sufficient high-velocity

27
air circulation for rapid freezing.

02996'01 117

1
(iv) After the products have been completely frozen, retain

2
them in the quick freezer or transfer them to a freezer storage

3
room for continued storage.

4
(j) Maintain each freezer storage room at a temperature of

5
0�F (-18�C) or lower and ensure each freezer storage room has

6
adequate air circulation.

7
(k) Place butter intended to be held more than 30 days in a

8
freezer storage room immediately after packaging, and if that

9
butter is not frozen before being placed in the freezer, arrange

10
each unfrozen butter package in a manner that permits rapid

11
freezing, and keep each package in that arrangement until

12
frozen.

13
ARTICLE 17

14
Sec. 170. A person that manufactures or processes cheese

15
shall do all of the following:

16
(a) Equip and maintain starter rooms or areas for the propa-

17
gation and handling of starter cultures.

18
(b) Prevent contamination of starter cultures, starter rooms

19
and equipment, and the air within each starter room.

20
(c) Ensure that the room in which cheese is manufactured is

21
of adequate size with both of the following:

22
(i) Vats adequately spaced to permit movement around each

23
vat.

24
(ii) Presses that are designed for proper cleaning and sat-

25
isfactory working conditions.

26
(d) If cheese is to be coated or saturated with paraffin,

27
provide a drying room of adequate size to accommodate the maximum

02996'01 118

1
amount of cheese that the plant can produce at its peak of

2
operation and ensure that the drying room has adequate shelving

3
and air circulation for proper drying and suitable temperature

4
and humidity controls.

5
(e) For production of rind cheese, provide a separate room

6
or compartment for paraffining and boxing the cheese and ensure

7
that the room or compartment is of adequate size and the tempera-

8
ture maintained near the temperature of the drying room to avoid

9
sweating of the cheese prior to paraffining.

10
(f) For rindless blocks, provide a suitable space for wrap-

11
ping and boxing of the cheese and ensure that the area is free

12
from dust, condensation, mold, or other conditions that may con-

13
taminate the surface of the cheese or contribute to an unsatis-

14
factory packaging of the cheese.

15
(g) Maintain clean coolers or curing rooms where cheese is

16
held for curing or storage and ensure each of the following:

17
(i) That the proper uniform temperature and humidity are

18
kept to adequately protect the cheese.

19
(ii) That proper circulation of air is maintained at all

20
times.

21
(iii) That the coolers or rooms are free from rodents,

22
insects, and pests.

23
(iv) That shelves are kept clean and dry.

24
(h) If small packages of cheese are cut and wrapped, provide

25
a separate room for the cleaning and preparation of the bulk

26
cheese, a separate room for the cutting and wrapping operation

02996'01 119

1
and ensure that the rooms are well lighted, ventilated, provided

2
with filtered air, and engineered to move air outward.

3
(i) If bulk starter vats are used, ensure that each is con-

4
structed of stainless steel or an equally corrosion resistant

5
material, is in good repair, equipped with a tight-fitting lid,

6
and contains adequate controls such as valves, indicating ther-

7
mometers, and recording thermometers that meet the requirements

8
for vat pasteurization unless pasteurization of the starter cul-

9
ture is completed prior to entry into the bulk starter vat.

10
(j) Ensure that each new bulk starter vat that is used is

11
constructed according to standards established or approved by the

12
department.

13
(k) Ensure that each vat used for making cheese is of metal

14
construction and meets each of the following requirements:

15
(i) The vat has adequate jacket capacity for uniform

16
heating.

17
(ii) The inner liner of the vat is a minimum 16-gauge stain-

18
less steel or other equally corrosion resistant material, prop-

19
erly pitched from side to center and from rear to front for ade-

20
quate drainage.

21
(iii) The liner of the vat is smooth, free from excessive

22
dents or creases, and extends over the edge of the outer jacket.

23
(iv) The outer jacket of the vat, if metal, is constructed

24
of stainless steel or other material that can be kept clean and

25
sanitary.

02996'01 120

1
(v) The junction of the liner and outer jackets of the vat

2
is constructed to prevent milk or cheese from entering the inner

3
jacket.

4
(vi) The vat is equipped with a suitable sanitary outlet

5
valve.

6
(vii) Each vat is equipped with effective valves that are

7
properly maintained to control the application of heat to the

8
vat.

9
(l) Ensure that mechanical agitators are of sanitary con-

10
struction and contain each of the following:

11
(i) A carriage and track constructed to prevent the dropping

12
of dirt or grease into the vat.

13
(ii) Metal blades, forks, or stirrers constructed of stain-

14
less steel or of material approved by the department and free

15
from rough or sharp edges or any surface that may scratch the

16
equipment or remove metal particles.

17
(m) Ensure that curd mill knives, hand rakes, shovels, pad-

18
dles, strainers, and miscellaneous equipment are stainless steel

19
or constructed of a material approved by the department.

20
(n) Ensure that the product contact surfaces of a curd mill,

21
including the wires in curd knives, are stainless steel and that

22
each piece of equipment is constructed so that it may be kept

23
clean.

24
(o) Ensure that curd knives are kept tight and replaced when

25
necessary.

02996'01 121

1
(p) Ensure that each hoop, form, and follower is constructed

2
of stainless steel or heavy tinned steel, and that a tinned hoop,

3
form, or follower is kept tinned and free from rust.

4
(q) Ensure that each hoop, form, and follower is kept in

5
good repair and that drums or other special forms used to press

6
and store cheese are clean and sanitary.

7
(r) Ensure that each cheese press is constructed of stain-

8
less steel with all of the following:

9
(i) All joints welded and all surfaces, seams, and openings

10
readily cleanable.

11
(ii) A continuous pressure device.

12
(iii) Press cloths maintained in good repair and in a sani-

13
tary condition.

14
(s) Ensure that single-service cheese press cloths are used

15
only once.

16
(t) Ensure that the press used to heat seal the wrapper

17
applied to rindless cheese shall have square interior corners and

18
reasonably smooth interior surface and have controls that shall

19
provide uniform pressure and heat equally to all surfaces.

20
(u) Ensure that each paraffin metal tank is adequate in

21
size, has wood rather than metal racks to support cheese, and has

22
heat controls and an indicating thermometer.

23
(v) Ensure that paraffin tank cheese wax is kept clean.

24
Sec. 171. (1) A person that manufactures or processes

25
cheese shall pasteurize milk to be used for making cheese or

26
cheese culture by subjecting every particle of the milk to a

27
minimum temperature of 161�F (72�C) for not less than 15 seconds

02996'01 122

1
or to other pasteurization temperature and time standards listed

2
in section 137, except as provided for in section 138. A person

3
that manufactures or processes cheese shall equip high tempera-

4
ture short-time pasteurization units with the proper controls and

5
equipment to assure pasteurization. Milk held more than 2 hours

6
between time of receipt or pasteurization and culturing shall be

7
cooled to 45�F (7�C) or lower, until the time of culturing.

8
(2) A person that manufactures or processes cheese and

9
engages in vat pasteurization shall use only equipment meeting

10
the requirements of sanitary standards.

11
Sec. 172. In addition to the requirements imposed under

12
section 170, a person that manufactures or processes cheese shall

13
do all of the following:

14
(a) Provide adequate sanitary facilities for the disposal of

15
whey and take precautions to minimize flies, insects, and the

16
development of objectionable odors at disposal sites.

17
(b) Handle whey or whey products intended for human food at

18
all times in a sanitary manner in accordance with the procedures

19
specified in this act for handling milk and dairy products.

20
(c) Conduct the packaging of rindless cheese or the cutting

21
and repackaging of all styles of bulk cheese under rigid sanitary

22
conditions and ensure that the atmosphere of the packaging rooms,

23
the equipment, and the packaging material are free from mold and

24
bacterial contamination.

25
(d) Legibly mark each bulk cheese with the name of the pro-

26
duct, code or date of manufacture, name and address of

27
manufacturer, and vat number or code number of the manufacturer.

02996'01 123

1
(e) Legibly mark each consumer-sized container with the name

2
and address of the manufacturer, packer, or distributor and legi-

3
bly mark the net weight of the contents, the name of product, and

4
any other information required by the department.

5
(f) Ensure that conveyors are constructed of material

6
approved by the department and maintained in good repair.

7
(g) Ensure that the grinders or shredders used in the prepa-

8
ration of trimmed and cleaned natural cheese for cookers are ade-

9
quate in size, with product contact surfaces of corrosion resis-

10
tant material, and constructed to prevent contamination of the

11
cheese and allow thorough cleaning of all parts and product con-

12
tact surfaces.

13
(h) Ensure that each cooker is all of the following:

14
(i) Steam jacketed or of direct steam type.

15
(ii) Constructed of stainless steel or other equally corro-

16
sion resistant material with all product contact surfaces readily

17
accessible for cleaning.

18
(iii) Equipped with an indicating thermometer.

19
(iv) Equipped with a temperature recording device.

20
(v) Equipped with a recording thermometer stem placed in the

21
cooker if time charts satisfactory to the department are used or

22
placed in the hotwell or filler hopper.

23
(i) Ensure either that steam check valves on direct steam

24
type cookers are mounted flush with cooker wall, constructed of

25
stainless steel, and designed to prevent the backup of product

26
into the steam line or that each steam line is constructed of

27
stainless steel pipes and fittings that can be readily cleaned.

02996'01 124

1
(j) If direct steam is applied to the product, ensure that

2
only culinary steam is used.

3
(k) Ensure each of the following:

4
(i) That except for sight ports, the hoppers of all fillers

5
are covered.

6
(ii) That if the department determines necessary, the hopper

7
has an agitator to prevent buildup on side walls.

8
(iii) That the filler valves and head are kept in good

9
repair and capable of accurate measurements.

10
(iv) That natural cheese is cleaned free of all nonedible

11
portions.

12
(v) That paraffin, wrappings, rind surface, mold, or unclean

13
areas or any other part of natural cheese that is by department

14
standards unwholesome or unappetizing is removed.

15
(vi) That each batch of cheese within a cooker, including

16
optional ingredients, is thoroughly commingled and pasteurized at

17
a temperature of at least 161�F (72�C) for not less than

18
30 seconds.

19
(vii) That cheese particles or ingredients do not enter the

20
cooker batch after the cooker batch of cheese has reached the

21
final heating temperature.

22
(viii) After holding for the required period of time, that

23
the hot cheese is emptied from the cooker as quickly as

24
possible.

25
(ix) That containers either lined or unlined are assembled

26
and stored in a sanitary manner to prevent contamination.

02996'01 125

1
(x) That filler crews handle containers with extreme care

2
and observance of personal cleanliness.

3
(xi) That preforming and assembling of pouch liners and con-

4
tainers are kept to a minimum and the supply rotated to limit the

5
length of time a product is exposed to possible contamination

6
prior to filling.

7
Sec. 173. Hot fluid cheese from cookers may be held in hot

8
wells or hoppers to assure a constant and even supply of pro-

9
cessed cheese to the filler or slice former. A person that manu-

10
factures or processes cheese shall ensure all of the following:

11
(a) That filler valves effectively measure the desired

12
amount of product into a pouch or container in a sanitary manner

13
and shall cut off sharply without drip or drag of cheese across

14
the opening.

15
(b) That an effective system is used to maintain accurate

16
and precise weight control.

17
(c) That damaged or unsatisfactory packages are removed from

18
production and that cheese is, at the plant's option, salvaged

19
into sanitary containers and added back to the cookers.

20
(d) That pouches, liners, or containers having product con-

21
tact surfaces after filling are folded or closed and sealed in a

22
sanitary manner approved by the department to prevent

23
contamination.

24
(e) That, in addition to other required labeling, each con-

25
tainer is coded in a manner as to be easily identified as to date

26
of manufacture by lot or sublot number.

02996'01 126

1
Sec. 174. (1) A person that manufactures, processes, or

2
packages evaporated, condensed, or sterilized dairy products

3
shall ensure that the equipment and utensils used for processing

4
and packaging evaporated, condensed, or sterilized dairy products

5
comply with sections 135 through 143 and each of the following

6
requirements:

7
(a) All equipment used in the removal of moisture from milk

8
or dairy products for the purpose of concentrating the solids

9
meets sanitary standards.

10
(b) Gravity and vacuum-type fillers are of sanitary design

11
and, except as provided in subdivision (c), all product contact

12
surfaces, if metal, are made of stainless steel or an equally

13
corrosion resistant material approved by the department.

14
(c) Nonmetallic product contact surfaces meet standards

15
established or approved by the department.

16
(d) Fillers are designed to prevent contamination of, or

17
detraction from, the quality of the product being packaged.

18
(e) Batch or continuous in-container sterilizers are

19
equipped with accurate temperature controls and effective valves

20
for regulating the sterilization process and the equipment is

21
maintained to assure control of the length of time of processing,

22
and to minimize the number of damaged containers.

23
(2) If applicable, a person who owns or operates a plant

24
described in section 140 or 141 shall use homogenizers to reduce

25
the size of fat particles and to evenly disperse those particles

26
in the product and ensure that each homogenizer meets sanitary

27
standards.

02996'01 127

1
(3) Pasteurization shall be performed by systems and

2
equipment meeting the requirements identified in section 139(5).

3
(4) A person shall fill and hermetically seal containers

4
with product in a sanitary manner, and ensure that each container

5
does not contaminate or detract from the quality of the product.

6
(5) A person shall ensure that bulk containers or retail

7
containers for unsterilized product meet department standards to

8
protect a product in storage or transit. Each bulk container,

9
including bulk tankers, shall be cleaned and sanitized before

10
filling and filled and closed in a sanitary manner.

11
(6) A previously sterilized product shall be filled under

12
conditions which prevent contamination of the product by living

13
organisms or spores. Prior to being filled, a container shall be

14
sterilized and maintained in a sterile condition. A filled con-

15
tainer shall be sealed in a manner that prevents contamination of

16
the product.

17
(7) All sterilized or aseptically processed product must

18
comply with the requirements set forth by the scheduled process

19
and the food and drug administration under 21 C.F.R. 113.

20
Sec. 175. (1) A person who manufactures frozen desserts

21
shall maintain and operate the plant with strict regard for the

22
purity and wholesomeness of the frozen desserts produced.

23
(2) A frozen dessert shall be manufactured, processed, sold,

24
offered for sale, or delivered only if it has been made from a

25
mixture that has been properly pasteurized by heating every par-

26
ticle of the mixture pursuant to subsection (3)(a) and (b) or

27
reconstituted from a properly pasteurized dry mix using a potable

02996'01 128

1
water source approved by the department of environmental quality

2
and prepared in a clean, sanitary manner.

3
(3) A frozen dessert mixture described in subsection (2)

4
shall be pasteurized to either of the following:

5
(a) To a temperature and time standard listed in

6
section 137, but not lower than 155�F (69�C) and holding at such

7
temperature continuously for not less than 30 minutes and

8
promptly cooling to a temperature of 45�F (7�C) or lower.

9
(b) To a temperature not lower than 175�F (80�C) for not

10
less than 25 seconds or 180�F (83�C) for 15 seconds in equipment

11
meeting the requirements of the department and those set forth in

12
sanitary standards and promptly cooling to a temperature of 45�F

13
(7�C) or lower.

14
(4) A frozen dessert mixture described in subsection (2)

15
shall be pasteurized in equipment provided with an indicating

16
thermometer and approved recording thermometer, the charts for

17
which shall be dated and held for a period of at least 180 days.

18
This subsection does not prohibit the use of another pasteuriza-

19
tion process that has been recognized by the department to be

20
equally efficient and that is approved by the department.

21
(5) All frozen dessert mixes shall be pasteurized at the

22
final freezing location unless the pasteurized mix is packaged in

23
approved single service containers of 5 gallons or less, or as

24
approved by the director. Frozen dessert plants that transport

25
pasteurized bulk mix in bulk milk tankers dedicated to hauling

26
pasteurized products on the effective date of this act may

02996'01 129

1
continue this practice with the written approval of the director

2
on a case-by-case basis.

3
Sec. 176. A person shall ensure that all new equipment

4
meets applicable sanitary standards. Equipment and utensils

5
coming in contact with milk, dairy products, mix or frozen des-

6
serts, including sanitary pumps, piping, fittings, and connec-

7
tions, shall be constructed of stainless steel or other equally

8
corrosion-resistant material. However, where the use of stain-

9
less steel is not practicable, or in old equipment, other metals

10
properly coated or plated may be approved in writing by the

11
director on a case-by-case basis. Nonmetallic parts having pro-

12
duct contact surfaces shall be of material that meets sanitary

13
standards.

14
Sec. 177. (1) A person shall ensure that milk, cream, and

15
dairy products in fluid form received at a frozen dessert plant

16
for use in mixes are immediately cooled to a temperature of 45�F

17
(7�C) or less and maintained at that temperature until

18
pasteurized. Mixes shall be assembled and pasteurized in a dairy

19
plant.

20
(2) A person shall ensure that spilled frozen desserts and

21
ingredients are discarded. Rerun shall be handled in sanitary

22
containers properly covered and stored at or below 45�F (7�C) or

23
shall be piped directly back to vats. Rerun which has been

24
strained to remove nuts, fruits, or other ingredients shall be

25
repasteurized and shall be used only as mix for products which

26
contain the same ingredients. Frozen desserts that have been

27
distributed shall not be returned to the manufacturer for

02996'01 130

1
repasteurization and processing. Flavoring ingredients may be

2
added to mix after pasteurization.

3
(3) A person shall ensure that frozen desserts and mix are

4
packaged in commercially acceptable containers and packaging

5
material that will protect the quality of the contents in regular

6
channels of trade. The packaging, cutting, molding, dispensing,

7
and other handling or preparation of mix or frozen desserts and

8
their ingredients shall be done in a sanitary manner. Plastic or

9
rubber gloves should be worn when handling frozen desserts for

10
molding, cutting, or similar hand contact work.

11
(4) Frozen desserts shall be labeled as specified in section

12
143(2), (3), (4), (5), and (6). Bulk ice cream containers with

13
removable lids, such as those used for hand dipping, shall be

14
labeled on the body of the container.

15
Sec. 178. New frozen desserts not conforming to existing

16
standards shall be manufactured in accordance with sanitation

17
standards established in this act and shall also comply with the

18
bacteria count standards, coliform determinations, and storage

19
temperatures where applicable, set forth in section 70. A

20
person, firm, or corporation, before manufacturing and marketing

21
any frozen dessert or mix which varies from the standards set

22
forth in this act, shall notify the department of its intent to

23
manufacture or market a frozen dessert or mix and shall submit

24
for review and approval a proposed copy of the label for the new

25
frozen dessert or mix.

26
Sec. 179. A person shall ensure that a vehicle including a

27
mobile frozen dessert plant used for the transportation of mix,

02996'01 131

1
frozen desserts, and their ingredients is constructed and

2
operated so as to protect the contents from heat, sun, and

3
contamination. The vehicle shall be kept clean, and no substance

4
capable of contaminating mix, frozen desserts, and their ingredi-

5
ents shall be transported in the vehicle. Where applicable, a

6
frozen dessert plant shall provide an area for unloading vehicles

7
that can be maintained in a sanitary condition. This area should

8
be surfaced with concrete or blacktop.

9
Sec. 180. A person that owns or operates a frozen dessert

10
plant shall ensure all of the following:

11
(a) A mobile frozen dessert plant meets all requirements of

12
this act exclusive of toilet facilities.

13
(b) A mobile frozen dessert plant has a potable water supply

14
tank, of sufficient capacity, tilted toward a capped drain cock.

15
The water inlet pipes shall be of removable flexible copper or

16
other approved tubing with the nozzle for the hose connection

17
capped and fully protected when not being used. A hose for con-

18
nection to a potable water supply shall be provided and used

19
exclusively for that purpose.

20
(c) A mobile frozen dessert plant has a suitable waste tank

21
with a capacity at least equal to the water supply tank that is

22
tilted toward a drain cock with an adequate method of gauging the

23
contents. It shall be emptied and flushed as often as necessary

24
at an approved location, in order to maintain sanitary

25
conditions.

26
(d) A mobile frozen dessert plant has a refrigerated box of

27
ample capacity for storage of the various ingredients carried

02996'01 132

1
that need refrigeration and constructed of noncorrosive material,

2
the floor of which is pitched toward a drain. Temperature shall

3
be maintained at 45�F (7�C) or lower in the refrigerated box, and

4
it shall be equipped with an indicating thermometer.

5
(e) Mix to be frozen in a mobile frozen dessert plant is

6
packaged in a single service container of 5 gallons or less at

7
the place of manufacture.

8
(f) A mobile frozen dessert plant has a refrigerated syrup

9
rail with a holding plate to maintain temperatures of 50�F (10�C)

10
or below.

11
(g) A mobile frozen dessert plant has a refuse can located

12
within the mobile plant and a waste can or container for deposit

13
of cups, papers, and other refuse by customers outside the mobile

14
plant. Both shall be kept clean and so located as not to create

15
a nuisance.

16
(h) Utensils, equipment, and multiuse containers in a mobile

17
frozen dessert plant are washed and sanitized in the mobile plant

18
after each day's use.

19
Enacting section 1. This act does not take effect unless

20
Senate Bill No. _____ or House Bill No. 4820 (request

21
no. 02995'01) of the 91st Legislature is enacted into law.

02996'01 Final page. LBO