SB-1007, As Passed House, May 1, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1007

A bill to amend 2001 PA 266, entitled

"Grade A milk law of 2001,"

by amending sections 2, 3, 4, 5, 6, 7, 20, 30, 31, 33a, 41, 44, 50,

53, 60, 61, 62, 63, 68, and 69 (MCL 288.472, 288.473, 288.474,

288.475, 288.476, 288.477, 288.490, 288.500, 288.501, 288.503a,

288.511, 288.514, 288.520, 288.523, 288.530, 288.531, 288.532,

288.533, 288.538, and 288.539), section 33a as added by 2004 PA

277.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. As used in this act:

(a) "Adulterated" means food or milk to which any of the

following apply:

(i) It bears or contains any poisonous or deleterious substance

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

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

considered adulterated if the quantity of that substance in the

food or milk does not ordinarily render it injurious to health.

(ii) It bears or contains any added poisonous or added

deleterious substance, other than a substance that is a pesticide

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

a color additive considered unsafe within the meaning of

subparagraph (v).

(iii) It is a raw agricultural commodity that bears or contains

a pesticide chemical considered unsafe within the meaning of

subparagraph (v).

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

within the meaning of subparagraph (v) provided that where a

pesticide chemical has been used in or on a raw agricultural

commodity in conformity with an exemption granted or tolerance

prescribed under subparagraph (v) and the raw agricultural commodity

has been subjected to processing the residue of that pesticide

chemical remaining in or on that processed food is, notwithstanding

the provisions of subparagraph (v) and this subdivision, not be

considered unsafe if that residue in or on the raw agricultural

commodity has been removed to the extent possible in good

manufacturing practice and if the concentration of that residue in

the processed food when ready to eat is not greater than the

tolerance prescribed for the raw agricultural commodity.

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

additive, and pesticide chemical in or on a raw agricultural

commodity, or any color additive is considered unsafe for the

purpose of application of this definition, unless there is in

effect a federal regulation or exemption from regulation under the

federal act, meat inspection act, poultry product inspection act,

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

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

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

the terms prescribed by the rule.

(vi) It is or contains a new animal drug or conversion product

of a new animal drug that is unsafe within the meaning of section

512 of the federal act, 21 USC 360b.

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

contaminated, filthy, putrid, or decomposed substance or it is

otherwise unfit for food.

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

insanitary conditions in which it may have become contaminated with

filth or in which it may have been rendered diseased, unwholesome,

or injurious to health.

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

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

garbage or uncooked offal from a slaughterhouse.

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

poisonous or deleterious substance that may render the contents

injurious to health.

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

omitted or abstracted from the food; a substance has been

substituted wholly or in part for the food; damage or inferiority

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

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

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

better or of greater value than it is.

(xii) It is confectionery and has partially or completely

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

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

practical functional value to the confectionery product and would

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

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

1% by volume derived solely from the use of flavoring extracts; or

it bears or contains any nonnutritive substance except a

nonnutritive substance such as harmless coloring, harmless

flavoring, harmless resinous glaze not in excess of 4/10 of 1%,

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

gum and pectin or to any chewing gum by reason of its containing

harmless nonnutritive masticatory substances which is in or on

confectionery by reason of its use for some practical functional

purpose in the manufacture, packaging, or storage of such

confectionery if the use of the substance does not promote

deception of the consumer or otherwise result in adulteration or

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

purpose of avoiding or resolving uncertainty as to the application

of this subdivision, the director may issue rules allowing or

prohibiting the use of particular nonnutritive substances.

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

unsafe within the meaning of subparagraph (v).

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

the use of the radiation was in conformity with a rule or exemption

under this act or a regulation or exemption under the federal act.

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

higher than allowed under this act.

(b) "Advertise" or "advertisement" means a representation

disseminated in any manner or by any means, other than by labeling,

for the purpose of inducing, or is likely to induce, directly or

indirectly, the purchase of milk or milk products.

listed in the ~~IMS~~ national conference of interstate milk shipments

list of sanitation compliance and enforcement ratings ~~of interstate~~

~~milk shippers~~ distributed by the United States food and drug

administration and as approved by the director.

(d) ~~(c)~~ "Approved sample container" means a presterilized,

suitable nontoxic single service container of adequate size that

complies with the requirements of standard methods.

(e) ~~(d)~~ "Audited financial statement" means a fiscal year end

financial statement prepared by a certified public accountant

according to generally accepted accounting principles.

Sec. 3. As used in this act:

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

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

products to or from a milk plant, receiving station, or transfer

station and has in his or her possession a license or permit issued

by the department to sample those products.

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

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

a bulk milk hauler/sampler to transport bulk raw milk for

pasteurization from a dairy farm to a milk plant, receiving

station, or transfer station.

requirements of this act, means a payment in cash or by check,

money order, wire transfer, or draft for a sale in which the title

to farm milk is transferred.

(d) "Dairy animal" means any domesticated lactating mammal,

including a cow, goat, sheep, water buffalo, or other hooved

mammal, which is managed and milked to obtain milk for human

consumption.

(e) "Dairy farm" means any place or premises where 1 or more

dairy animals are kept for milking purposes, and from which a part

or all of the milk is provided, sold, or offered for sale.

(f) ~~(c)~~ "Department" means the Michigan department of

agriculture.

(g) ~~(d)~~ "Director" means the director of the Michigan

department of agriculture or his or her designee.

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

processor who offers for sale, holds for sale, or sells ~~to another~~

~~for resale~~ at ~~retail~~ wholesale milk or milk products. A

distributor's facilities include warehousing, refrigerated storage,

and distribution vehicles.

(i) ~~(f)~~ "Farm tank" means the farm bulk milk tank, milk tank

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

prior to pickup and transport from the farm.

(j) ~~(g)~~ "Federal act" means the federal food, drug, and

cosmetic act, ~~chapter 675, 52 Stat. 1040,~~ 21 ~~U.S.C.~~ USC 301 to 321,

331 to ~~333, 334 to 343-3, 344 to 346a, 347, 348 to 356c, 358 to~~

~~360, 360b to~~ 360dd, 360hh to ~~360oo, 360rr to 363, 371 to~~ 376, and

378 to ~~397~~ 399.

(k) ~~(h)~~ "First receiving point" means the milk plant where the

milk is first received for processing and manufacturing. First

receiving point for producer security requirements does not include

receiving stations and transfer stations.

(l) "Food law of 2000" means the food law of 2000, 2000 PA 92,

MCL 289.1101 to 289.8111.

(m) "Food service establishment" means a fixed or mobile

restaurant, coffee shop, cafeteria, short order cafe, luncheonette,

grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail

lounge, nightclub, drive-in, industrial feeding establishment,

private organization serving the public, rental hall, catering

kitchen, delicatessen, theater, commissary, food concession, or

similar place in which food or drink is prepared for direct

consumption through service on the premises or elsewhere, and any

other eating or drinking establishment or operation where food is

served or provided for the public. Food service establishment does

not include any of the following:

(i) A motel that serves continental breakfasts only.

(ii) A bed and breakfast that has 10 or fewer sleeping rooms,

including sleeping rooms occupied by the innkeeper, 1 or more of

which are available for rent to transient tenants.

(iii) A bed and breakfast that has at least 11 but fewer than 15

rooms for rent, if the bed and breakfast serves continental

breakfasts only.

(iv) A child care organization regulated under 1973 PA 116, MCL

722.111 to 722.128, unless the establishment is carrying out an

operation considered by the director to be a food service

establishment.

(n) ~~(i)~~ "Grade A milk" means milk or milk products produced in

substantial compliance with the requirements of this act.

Sec. 4. As used in this act:

(a) "Imminent or substantial health hazard" means a

determination of the director of either or both of the following:

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

requiring immediate action to prevent endangering the public health

or safety.

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

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

matter upon the immediate container of any article conforming to a

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

other information appearing on the label appears on the outside

container or wrapper of the retail package of the article or be

easily legible through the outside container or wrapper.

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

or accompanying the article.

(d) "Manufacturing milk law of 2001" means the manufacturing

milk law of 2001, 2001 PA 267, MCL 288.561 to 288.740.

(e) "Milk" means the lacteal secretion, practically free from

colostrum, obtained by the complete milking of 1 or more healthy

cows, goats, sheep, or other dairy animals.

(f) ~~(d)~~ "Milk buyer" means any producer, milk producer

marketing organization, milk plant, receiving station, transfer

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

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

product, or both.

(g) ~~(e)~~ "Milk plant" or "dairy plant" means any place,

premises, or establishment where milk or milk products are

collected, handled, processed, stored, pasteurized, aseptically

processed, ~~bottled~~ packaged, or prepared for distribution.

(h) ~~(f)~~ "Milk product" or "dairy product" means cottage

cheese, dry curd cottage cheese, reduced fat cottage cheese, lowfat

cottage cheese, cream, light cream, light whipping cream, heavy

cream, heavy whipping cream, whipped cream, whipped light cream,

sour cream, acidified sour cream, cultured sour cream, half-and-

half, sour half-and-half, acidified sour half-and-half, cultured

sour half-and-half, reconstituted or recombined milk and milk

products, concentrated milk, concentrated milk products, skim milk,

lowfat milk, frozen milk concentrate, flavored milk, eggnog,

buttermilk, cultured milk, cultured lowfat milk, cultured skim

milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk,

acidified lowfat milk, acidified skim milk, low-sodium milk, low-

sodium lowfat milk, low-sodium skim milk, lactose-reduced milk,

lactose-reduced lowfat milk, lactose-reduced skim milk, aseptically

processed and packaged milk, milk products with added safe and

suitable microbial organisms, and any other milk product made by

the addition or subtraction of milkfat or addition of safe and

suitable optional ingredients for protein, vitamin, or mineral

fortification. Unless a product is considered a milk product under

this subdivision, milk product does not include dietary products,

infant formula, ice cream or other desserts, cheese, or butter.

Milk products include the following:

(i) Those dairy foods made by modifying the federally

standardized products described in this section in accordance with

21 ~~C.F.R.~~ CFR 130.10.

(ii) Those milk and milk products that have been aseptically

processed and then packaged.

(iii) Those products that have been retort processed after

packaging or that have been concentrated, condensed, or dried only

if they are used as an ingredient to produce any milk or milk

product or if they are grade A ~~IMS~~ national conference of

interstate milk shipments listed.

Sec. 5. As used in this act:

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

a milk transport tank.

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

premises, or establishment, separate from a milk plant, receiving

station, or transfer station where a milk tank truck is cleaned and

sanitized.

raw or pasteurized milk products to or from a milk plant, receiving

station, or transfer station.

(d) "Milk transportation company" means the company that is

the person responsible for a milk tank truck.

(e) "Milk transport tank" means a vehicle, including the truck

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

shipments of milk from a milk plant, receiving station, or transfer

station to another milk plant, receiving station, or transfer

station.

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

apply:

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

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

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

in type of uniform size and prominence, the word "imitation" and

immediately thereafter the name of the food imitated.

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

misleading.

(v) It is in package form, unless it bears a label containing

both the name and place of business of the manufacturer, packer, or

distributor and an accurate statement of the quantity of the

contents in terms of weight, measure, or numerical count subject to

reasonable variations as are permitted and exemptions as to small

packages as are established by rules prescribed by the department.

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

act is not prominently placed on the label or labeling

conspicuously and in such terms as to render it likely to be read

and understood by the ordinary individual under customary

conditions of purchase and use.

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

definition and standard of identity have been prescribed by rules

as provided by this act or under the federal act, unless it

conforms to such definition and standard and its label bears the

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

insofar as may be required by the rules, the common names of

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

present in such food.

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

following:

(A) A food for which a standard of quality has been prescribed

by this act or rules and its quality falls below such standard

unless its label bears, in such manner and form as such rules

specify, a statement that it falls below such standard.

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

container have been prescribed by this act or rules and it falls

below the standard of fill of container applicable unless its label

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

that it falls below the standard.

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

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

more ingredients, the common or usual name of each ingredient

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

sold as such, may be designated as spices, flavorings, and

colorings, without naming each and under other circumstances as

established by rules regarding exemptions based upon practicality,

potential deception, or unfair competition.

(x) It bears or contains any artificial flavoring, artificial

coloring, or chemical preservative unless the labeling states that

fact and under other circumstances as established by rules

regarding exemptions based upon practicality.

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

sale, its label and labeling do not bear the nutrition information

required under section 403(q) of the federal act, 21 USC 343.

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

and, when used according to the directions of the purveyor, will

result in the final food product being adulterated or misbranded.

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

not in conformity with packaging and labeling requirements

applicable to such color additive prescribed under the provisions

of the federal act.

(g) ~~(f)~~ "Offering for sale" means selling, offering to sell,

holding for sale, preparing for sale, trading, bartering, offering

as a gift as an inducement for sale of, and advertising for sale in

any media.

(h) ~~(g)~~ "Other security" means a mutually acceptable producer

security agreement, acceptable to the director, approved and signed

by the milk buyer and all milk sellers selling milk to that milk

buyer.

Sec. 6. As used in this act:

(a) "Pasteurized milk ordinance" or "PMO" means the ~~2001~~ 2007

edition of the grade A pasteurized milk ordinance, recommendations

of the United States department of health and human services,

public health service/food and drug administration, with

administrative procedures and appendices, set forth in the public

health service/food and drug administration publication no. 229. ,

~~and the provisions of the 1995 grade A condensed and dry milk~~

~~products and condensed and dry whey-supplement I to the grade A~~

~~pasteurized milk ordinance, with administrative procedures and~~

~~appendices.~~

(b) "Person" means an individual, partnership, company,

limited liability company, cooperative, association, firm, trustee,

educational institution, state or local government unit, or

corporation.

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

farm and sells or distributes milk produced on that farm including

a person who markets milk on behalf of ~~another~~ a producer pursuant

to a marketing agreement.

(e) "Receiving station" means any place, premises, or

establishment where raw milk is received, collected, handled,

stored, or cooled and is prepared for further transporting.

(f) "Registered name" means either a name that is registered

as "doing business as" at the county clerk’s office in the county

in which the producer or processor resides or that is registered

with the state of Michigan as a legal entity registered to do

business within the state under an assumed name. Registered name

includes, but is not limited to, incorporations, corporations,

limited liability companies, limited liability partnerships, and

similar entities.

(g) "Retail" means selling or offering for sale dairy products

directly to a consumer.

(h) "Retail food establishment" means an operation that sells

or offers to sell food directly to a consumer. Retail food

establishment includes both a retail grocery and a food service

establishment but does not include a food processing plant.

(i) ~~(f)~~ "Sample transfer instrument" means any of the

following:

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

tubes.

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

capacities of 10 milliliters or greater.

(iii) Sampling devices approved by the director.

(j) ~~(g)~~ "Sanitary standards" means the dairy equipment

construction standards or accepted dairy system operating practices

formulated by 1 of the following:

(i) 3-A sanitary standards committees representing the

international association for food protection, the United States

public health service, the United States department of agriculture,

and the dairy industry committee as approved by the director.

(ii) If sanitary standards are not available for a particular

piece of equipment, general sanitary construction standards for

dairy equipment formulated by the United States department of

agriculture or the food and drug administration as approved by the

director.

(iii) The equipment or practice is approved by bulletin of the

director on a case-by-case basis.

(k) ~~(h)~~ "Sell-by date" means the recommended last date of

sale.

(l) ~~(i)~~ "Single service containers and closures" means single

use containers or parts of single use containers that become milk

product contact surfaces when used for the storage, shipping, or

marketing of milk or milk products.

(m) ~~(j)~~ "Standard methods" means the ~~sixteenth~~ seventeenth

edition of "Standard Methods for the Examination of Dairy

Products", ~~dated 1992,~~ a publication of the American public health

association, incorporated by reference.

Sec. 7. As used in this act:

(a) "Transfer station" means any place, premises, or

establishment where milk or milk products are transferred directly

from 1 milk tank truck to another.

(b) "Verified financial statement" means a financial statement

that contains a notarized statement, signed and sworn to by an

authorized representative of the milk plant, attesting that the

financial statement is correct.

products to retailers, jobbers, or distributors rather than

directly to a consumer.

Sec. 20. (1) The department shall administer this act and may

promulgate rules for its implementation and enforcement and adopt

revisions of references cited in this act, pursuant to the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328. Except as otherwise specifically defined or described in

this act, the pasteurized milk ordinance is adopted and

incorporated by reference. Where the words "regulatory agency" are

used in these ordinances, they are amended to read the "Michigan

department of agriculture" and where "the ____ of ____" are used in

these ordinances, they are amended to read "the State of Michigan".

(2) Water for the milkhouse and milking operations and for

milk plant purposes shall be from a supply properly located and

protected and shall be easily accessible, adequate, and of a safe

sanitary quality. Recommendations shall be made to the department

by the department of environmental quality according to the safe

drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.

Sec. 30. (1) ~~A person shall not produce, transport, wash milk~~

~~tank trucks, process, label, or sell grade A milk and grade A milk~~

~~products and shall not manufacture single service containers and~~

~~closures unless licensed or permitted under this act. The director~~

~~may issue a temporary license or permit. State agencies operating~~

~~dairy facilities under a memorandum of understanding with the~~

~~department are not required to be licensed or permitted under this~~

~~act and are not required to provide producer security under this~~

~~act.~~ A person shall not do any of the following without being

licensed under this act:

(a) Produce grade A milk to be offered for sale.

(b) Collect grade A milk samples for regulatory purposes.

operates a bulk milk tank truck.

(d) Process, label, distribute, or sell grade A milk or grade

A milk products, except that a person operating a retail food

establishment is exempt from licensure under this act if he or she

complies with subsection (8) and is licensed under the food law of

2000. This subdivision does not prevent the sale, at wholesale or

retail at a retail food establishment licensed under the food law

of 2000, of milk or milk products that are packaged in final

consumer packages at a facility licensed under this act.

(e) Wash milk tank trucks.

(f) Manufacture single service containers or closures to be

used for grade A milk products, except that the manufacture of

single service containers and closures for grade A dry milk

products are exempt from this section.

(2) A person licensed under the manufacturing milk law of 2001

or this act and engaged in activities regulated under this act

shall comply with the requirements of this act, where applicable,

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

applicable.

(3) The director may issue a temporary license or permit for

activities regulated by this act.

(4) State agencies operating dairy facilities under a

memorandum of understanding with the department are not required to

be licensed or permitted or to provide producer security under this

act but are required to otherwise be in compliance with this act.

(5) ~~(2)~~ An applicant for an initial grade A dairy farm permit

shall complete education, acceptable to the director, on drug

residue avoidance control measures, as identified in the

pasteurized milk ordinance, prior to receiving the permit.

(6) ~~(3)~~ The director shall examine the books, records, and

accounts of a milk plant if the milk plant has not responded to

requests from the director pursuant to section 31 or article IV.

All examinations of books, records, and accounts required under

this subsection shall be made within this state.

(7) ~~(4)~~ All applicants for a permit or license must complete

an application provided by the department and meet the minimum

requirements of this act, the pasteurized milk ordinance, and rules

promulgated under this act.

(8) Milk products manufactured at retail food establishments

licensed under the food law of 2000 are exempt from this act if

both of the following conditions are met:

(a) All ingredients contained in these products comply with

the requirements of the food law of 2000.

(b) The milk products manufactured are not sold wholesale or

to another business entity.

Sec. 31. (1) An applicant for an initial license as a milk

plant shall apply to the department on a form supplied by the

department and provide a statement containing the following:

(a) The milk plant's correct legal name and any name by which

the milk plant is doing business. If the milk plant is a person not

an individual, the name of each officer and director, and partner,

member, or owner owning in excess of 35% of equity or stock.

(b) The location of the milk plant to which the statement

pertains and the name of the responsible person who may be

contacted at that location.

plant expects to receive during a consecutive 30-day period within

the licensing period.

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

and department producer permit number, with whom the milk plant

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

becoming licensed for the first time, the milk plant shall send an

updated list to the department.

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

checks are to be issued to producers.

(2) A milk plant shall annually renew a license issued under

this act by applying to the department at least 30 days prior to

the expiration of the existing license. The anniversary date of a

license for a milk plant that is providing a financial statement as

a security device is 130 days after the close of the licensee's

fiscal year. The milk plant shall apply for renewal of a license on

a form supplied by the department and provide a statement

containing the following:

(a) The milk plant's correct legal name and any name by which

the milk plant is doing business. If the milk plant is a person not

an individual, the name of each officer and director, and partner,

member, or owner owning in excess of 35% of equity or stock.

(b) The location of the milk plant to which the statement

pertains and the name of the responsible person who may be

contacted at that location.

that the milk plant received within a consecutive 30-day period

during its last license year or the greatest milk receipts that the

milk plant is anticipated to receive during a consecutive 30-day

period within the licensing period.

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

addresses, and department producers permit number, with whom the

milk plant is doing business.

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

checks are issued to producers.

(3) Each milk plant shall pay a $175.00 annual licensing or

permitting fee, and additionally, an annual fee of $5.00 for each

dairy farm whose milk is received at the milk plant, receiving

station, or transfer station, plus an additional $10.00 per farm

shipping to it if the milk plant, receiving station, or transfer

station operator does not maintain an adequate number of industry

personnel, as determined by the director, who are approved to

conduct certified industry farm inspections. The department shall

not levy this additional $10.00 per farm fee if a cooperative

association is conducting the certified industry farm program for

the milk plant operator. The department shall only charge the dairy

farm license fee to the producer if the producer is not assigned to

a milk plant that pays the annual fee required by this subsection

for the producer. Any such unassigned producer shall be charged a

handling fee of $5.00 plus an additional $10.00 if certified

industry farm inspectors are not assigned to the farm.

(4) Any fees, assessments, civil or administrative fines, and

money from any other source collected by the department under this

act shall be deposited into the dairy and food safety fund created

in section 4117 of the food law of 2000, MCL 289.4117.

(5) A milk plant operator shall submit detailed plans to the

department for approval before commencing new construction,

remodeling, and equipment changes. Plans for new construction or

remodeling shall include a plan that provides for operational or

physical isolation of the milk plant from sources of potential

product contamination caused by animal production facilities

located in close proximity to the milk plant. Retail or public

viewing areas shall be separated from processing areas by a solid

floor-to-ceiling partition, except that, as approved by the

director, other equally effective means of protection may be used.

(6) The department may impose a late fee of $10.00 for a

renewal application for each business day the application is late.

The total late fee shall not exceed $100.00. The department shall

not issue or renew a license until any fees and fines have been

paid. A hearing is not required regarding the department’s refusal

to issue or renew a license under this subsection except as allowed

under the administrative procedures act of 1969, 1969 PA 306, MCL

24.201 to 24.328. The department may charge a convenience fee and

collect from the applicants any additional costs associated with

the method of fee payment for the license or permit fees described

in this section and sections 32 and 33, not to exceed the costs to

the department.

Sec. 33a. (1) ~~Beginning the effective date of the amendatory~~

~~act that added this section and notwithstanding the license and~~

~~permit fees imposed under sections 31 and 33, the~~ The department

shall issue an initial or renewal license or permit for regulated

activities described in sections 31 and 33, other than a grade A

dairy farm, a bulk milk hauler/sampler, or a certified industry

farm inspector, not later than 90 days after the applicant files a

completed application. Receipt of the application is considered the

date the application is received by any agency or department of the

state of Michigan.

(2) If the application is considered incomplete by the

department, the department shall notify the applicant in writing,

or make information electronically available, within 30 days after

receipt of the incomplete application, describing the deficiency

and requesting the additional information. The 90-day period is

tolled upon notification by the department of a deficiency until

the date the requested information is received by the department.

The determination of the completeness of an application does not

operate as an approval of the application for the license or permit

and does not confer eligibility of an applicant determined

otherwise ineligible for issuance of a license or permit.

(3) If the department fails to issue or deny a license or

permit within the time required by this section, the department

shall return the license or permit fee and shall reduce the license

or permit fee for the applicant's next renewal application, if any,

by 15%. The failure to issue or deny a license or permit within the

time required under this section does not allow the department to

otherwise delay the processing of the application, and that

application, upon completion, shall be placed in sequence with

other completed applications received at that same time. The

department shall not discriminate against an applicant in the

processing of the application based upon the fact that the license

or permit fee was refunded or discounted under this subsection.

(4) Beginning October 1, 2005, the director shall submit a

report by December 1 of each year to the standing committees and

appropriations subcommittees of the senate and house of

representatives concerned with agricultural and food issues. The

director shall include all of the following information in the

report concerning the preceding fiscal year:

(a) The number of initial and renewal applications the

department received and completed within the 90-day time period

described in subsection (1).

(b) The number of applications denied.

within the 90-day time period and the amount of money returned to

licensees and permittees under subsection (3).

(5) As used in this section, "completed application" means an

application that is complete on its face and submitted with any

applicable licensing or permit fees and fines as well as any other

information, records, approval, security, or similar item required

by law or rule from a local unit of government, a federal agency,

or a private entity but not from another department or agency of

the state of Michigan. Under appropriate circumstances, completed

application includes the completion of construction or renovation

of any facility and the passing of a satisfactory inspection.

Sec. 41. (1) The department shall revoke or deny a license for

a milk plant if the licensee or applicant fails to provide 1 of the

security devices required as a condition to issuance and

maintenance of a license. As a condition to issuance and

maintenance of a license, a milk plant that is a first receiving

point for milk shall provide 1 or more of the security devices

described in section 42, 43, or 44.

(2) Milk plants that receive milk only from dairy farms under

the same sole proprietorship, the same registered partnership, or

the same corporate ownership having the same registered name as the

milk plant are exempt from the requirements of this section.

Sec. 44. A licensee or applicant for licensure as a milk plant

not providing a security device under section 42 or 43 shall

provide an agreement in which the milk plant prepays for its milk

supply by means of cash payments before or at the time ~~of delivery~~

~~of milk products~~ the milk is received at the plant.

Sec. 50. (1) The director may revoke or suspend the license or

permit of a licensee or permittee issued under this act or impose

an administrative fine under section 53 for failure to comply with

the requirements of this act, the pasteurized milk ordinance, or a

rule promulgated under this act. A license or permit shall be

revoked or suspended according to the administrative procedures act

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

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

whom a milk plant does business regarding the pendency of the

administrative action not less than 5 days before the date for the

formal hearing set under subsection (1).

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

issued under this act, or impose an administrative fine pursuant to

section 53, upon determining that the licensee or permittee has

done 1 or more of the following:

(a) Failed to provide supplementary or interim information or

information required to be supplied to the department under this

act or information requested by the director under article III or

IV.

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

manner required by the director under article IV.

a material misrepresentation on an application.

(d) Knowingly provided false or fraudulent information or made

a material misrepresentation in response to a request for

information by the department.

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

40.

(f) Failed to agitate milk in the farm bulk milk tank before

taking a sample for delivery to the milk plant or the department.

(g) Failed to take the sample for analysis in accordance with

the procedures set forth in the pasteurized milk ordinance,

standard methods, and this act.

(h) Picked up grade A milk the temperature of which exceeds 45

degrees Fahrenheit (7 degrees Celsius).

(i) Failed to accurately report the weight or temperature of

grade A milk picked up from a farm bulk milk tank.

(j) In the case of a milk plant, failed to provide a security

device described in article IV.

(k) Adulterated milk or milk products.

(l) Failed to pay a final civil or administrative fine issued

under this act.

(m) Violated this act, the pasteurized milk ordinance adopted

under this act, or a rule promulgated under this act.

(4) The director may summarily suspend a license or permit

issued under this act upon determining that the licensee or

permittee has done 1 or more of the following:

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

diseased animals, or animals otherwise considered abnormal, that

have been incorporated with milk or milk products from normal

healthy animals.

(b) Offered for sale or sold milk or milk products suspected

of ~~contamination~~ being contaminated with any substance considered

by the department to be an imminent or substantial health hazard.

production, transportation, packaging, or storage facilities that

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

human or animal wastes, or spoiled milk or milk products that

precludes the reasonable protection of the milk or milk products

from contamination.

(d) Offered for sale or sold milk or milk products produced in

equipment with a significant portion of the milk contact surfaces

covered with an accumulation of residues that were left after

having gone through a cleaning regimen and that are thick enough

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

(e) Offered for sale or sold milk or milk products stored in a

container of unapproved construction.

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

container of unapproved construction.

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

from dairy animals with a majority of the milking herd with an

excessive accumulation of manure on the flanks, bellies, or udders

that precludes the reasonable protection of the milk from

contamination during the milking process.

(h) Offered for sale or sold milk that was of inadequate

volume to properly agitate after the first milking.

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

with excessive sediment.

(j) Interfered with inspection of milk or milk products.

(k) Maintained dead animals on the premises in a manner

inconsistent with 1982 PA 239, MCL 287.651 to 287.683.

(l) Maintained a minimum of 3 of the last 5 official bacteria

counts illegal.

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

cell counts illegal.

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

milk product cooling temperatures illegal.

(o) Failed to provide milk or milk products free of violative

drug residues based on tests approved by the food and drug

administration.

(p) Offered for sale or sold milk or milk products that

present an imminent or substantial health hazard due to improper or

unknown storage temperature.

(q) Offered for sale or sold milk or milk products that

present an imminent or substantial health hazard due to improper

allergen labeling.

(r) Knowingly possessed, sold, offered for sale, or purchased

any milk or milk product for use in a human food product that has

been condemned under this act.

(s) Offered for sale or sold packaged milk or milk products

that present an imminent or substantial health hazard due to

improper pasteurization times or temperatures outside the

requirements set forth in the PMO.

(t) ~~(p)~~ Any other condition that creates an imminent threat to

the public health, safety, or welfare.

(5) When the director suspends a license or permit under

subsection (4), the licensee or permittee shall be allowed a

minimum of 72 hours to regain compliance and reinstatement of the

license or permit prior to scheduling an administrative hearing.

Sec. 53. (1) The director shall impose upon a producer who

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

been found positive for violative drug residues on a test performed

pursuant to the pasteurized milk ordinance, the following sanctions

and administrative fines and provide notice and the opportunity for

an administrative hearing:

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

residue within a 12-month period:

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

subsequent sample of the producer's milk tests negative for

violative drug residues at an approved laboratory.

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

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

costs associated with the disposition of that load. The

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

department shall be provided with written notification of the

payment. Written notification shall also be provided to the

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

contaminated load. Where a producer markets their own load of milk,

the producer shall provide written notification to the department

of the date and location of the disposal of the entire contaminated

load. If the producer's violative shipment did not cause partial or

total loss of a load of milk as determined by an approved drug

residue test, the producer shall pay an administrative fine of

$300.00 to the department. The milk buyer may pay the

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

producer's milk check.

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

residue within a 12-month period:

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

subsequent sample of the producer's milk tests negative for

violative drug residues at an approved laboratory.

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

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

costs associated with the disposition of that load. The

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

department shall be provided with written notification of the

payment. Written notification shall also be provided to the

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

contaminated load. Where a producer markets their own load of milk,

the producer shall provide written notification to the department

of the date and location of the disposal of the entire contaminated

load. If the producer's violative shipment did not cause partial or

total loss of a load of milk as determined by an approved drug

residue test, the producer shall pay an administrative fine of

$600.00 to the department. The milk buyer may pay the

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

producer's milk check.

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

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

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

minimum of 18 months.

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

treatment records for all lactating or near lactating dairy animals

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

treatments for a minimum of 18 months.

violative drug residue within a 12-month period:

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

subsequent sample of the producer's milk tests negative for

violative drug residues at an approved laboratory.

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

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

costs associated with the disposition of that load. The

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

department shall be provided with written notification of the

payment. Written notification shall also be provided to the

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

contaminated load. Where a producer markets its own load of milk,

the producer shall provide written notification to the department

of the date and location of the disposal of the entire contaminated

load. If the producer's violative shipment did not cause partial or

total loss of a load of milk as determined by an approved drug

residue test, the producer shall pay an administrative fine of

$1,200.00 to the department. The milk buyer may pay the

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

producer's milk check.

(iii) The suspension of the producer's permit for a period not

to exceed 60 days after notice and the opportunity for an

administrative hearing before the department.

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

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

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

minimum of 18 months.

(v) The producer will be required to maintain complete drug

treatment records for all lactating or near lactating dairy animals

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

treatments for a minimum of 18 months.

(2) The director may accept verification, on forms acceptable

to the director, from the violative producer's milk marketing

cooperative or purchaser of milk as satisfying the penalty

requirements and may verify the information.

(3) The disposal method and location of disposal for violative

drug residue milk on the milk tank truck shall be immediately

reported to the director, by the party making the disposal, on

forms provided by and acceptable to the director.

(4) The director shall investigate the cause of the violative

drug residue and shall discuss drug residue avoidance control

measures, as outlined in the pasteurized milk ordinance, with the

violative producer.

(5) Selling or offering for sale milk which has been found

positive for violative drug residues is determined by either of the

following criteria:

(a) When milk is picked up from a producer by a milk tank

truck and not commingled with milk from other producers, the milk

becomes subject to possible drug residue penalties at the point the

milk tank truck leaves the farm with the milk.

(b) When milk is picked up from a producer by a milk tank

truck and commingled with milk from other producers, it becomes

subject to possible drug residue penalties at the point of

commingling.

(6) Section 52 applies to a producer who violates this act by

selling or offering for sale milk which tests positive for

violative drug residues on a test performed pursuant to the

pasteurized milk ordinance only under either of the following

circumstances:

(a) The producer fails to pay the administrative fine required

by subsection (1) in compliance with subsections (8) and (9).

(b) The producer has been fined under subsection (1) within

the preceding 12-month period 3 or more times.

(7) After notice and an opportunity for an administrative

hearing pursuant to the administrative procedures act of 1969, 1969

PA 306, MCL 24.201 to 24.328, the director may revoke or suspend a

license or permit issued under this act for any violation of this

act or a rule promulgated under this act. Except as otherwise

provided for under subsection (1), upon finding that a person

violated a provision of this act or rule promulgated under this

act, the director may impose an administrative fine of not more

than $1,000.00 and the actual costs of the investigation of the

violation.

(8) The administrative fines imposed under subsection (1) or

(7) shall be paid to the department within 10 days after

notification of the violation or within 10 days after notification

of adverse findings following a hearing or appeal, or both. The

administrative fines received by the department under ~~subsection~~

~~(1) shall be deposited in the general fund and shall be~~

~~appropriated for the purpose of the training or education of~~

~~producers in management procedures to avoid drug residue~~

~~contamination, and administrative fines received pursuant to~~

~~subsection~~ subsections (1) and (7) shall be deposited in the

~~general~~ dairy and food safety fund.

(9) Failure to pay a load contamination or any other

administrative fine imposed under this section within 120 days

without making acceptable arrangements for payment of the fine may

result in license revocation or permit suspension or court action,

following notice and the opportunity for an administrative hearing.

(10) The director shall advise the attorney general of the

failure of any person to pay an administrative fine imposed under

this section. The attorney general shall bring an action in a court

of competent jurisdiction to recover the fine.

(11) A decision of the director under this section is subject

to judicial review as provided by law.

(12) This section does not require the director to issue an

administrative fine or initiate court action for minor violations

of this act whenever the department believes that the public

interest will be adequately served under the circumstances by a

suitable written notice or warning.

Sec. 60. (1) Packaged milk products shall be labeled as

specified in the pasteurized milk ordinance and in the food law of

2000. ~~, 2000 PA 92, MCL 289.1101 to 289.8111.~~

(2) Milk and milk products shall be advertised as specified in

the food law of 2000.

Sec. 61. (1) A bulk milk hauler/sampler shall not take milk

from a farm tank without first determining that the farmer has a

valid permit. ~~if a permit is required.~~ Milk shall be picked up from

only an approved farm tank, constructed to sanitary standards with

agitation and cooling except as approved in writing by the director

on a case-by-case basis.

(2) A bulk milk hauler/sampler shall pick up only milk that

appears to be normal and does not contain off odors or visible

foreign material and that has been stored on the farm for no more

than 72 hours, except that milk produced under the manufacturing

milk law of 2001 may be stored as provided under that act. Goat

milk may be stored up to 7 days in a farm tank if properly cooled.

Sheep milk may be frozen for storage.

(3) A bulk milk hauler/sampler shall not record or report

inaccurately a milk measurement taken in the farm tank. A

measurement shall be made with a measuring gauge that is clean and

wiped dry with a sanitary towel or by any other measuring method

meeting the requirements of section 65(3).

(4) After measuring the milk in the farm tank, the bulk milk

hauler/sampler shall promptly, accurately, and legibly record the

following information on the pickup record:

(a) The gauge or stick reading.

(b) The converted gauge or stick reading in pounds.

(d) The milk producer's name and permit number.

(e) The temperature of the milk from an accurate thermometer.

(f) The bulk milk hauler/sampler's ~~identification, including~~

~~the bulk milk hauler/sampler's name or initials and department~~

~~issued hauler/sampler identification number~~ permit identification,

which is the first and last name, or the hauler/sampler’s

identification number printed on the license.

(g) The assigned "bulk tank unit" (BTU) number.

(5) A bulk milk hauler/sampler shall provide the original copy

of the pickup record to the milk buyer and a duplicate copy, or

other record acceptable to the director, to the producer.

(6) A milk tank truck driver engaged in direct farm pickup has

direct responsibility for accompanying official samples.

Sec. 62. (1) During a pickup, a bulk milk hauler/sampler shall

take a sanitarily collected representative sample from each farm

tank after the tank is agitated for not less than 5 minutes and for

not less than 10 minutes for tanks over 1,500 gallons or for such

additional time as may be recommended by the tank manufacturer or

the director, so as to obtain a representative sample.

(2) A sample dipper shall be rinsed by the bulk milk

hauler/sampler at least twice in the milk prior to transferring the

sample to the approved sample container.

(3) Sample transfer instruments shall be used by bulk milk

hauler/samplers that are of sanitary construction, clean, and

sterile, or which are sanitized with approved sanitizers and

protected from contamination prior to each use.

(4) A bulk milk hauler/sampler shall take a temperature

control sample of the milk at the bulk milk hauler/sampler's first

sampling point and shall place it in the refrigerated, insulated

transport case with the first official sample.

(5) The bulk milk hauler/sampler shall identify the

temperature control sample with the hauler/sampler identification,

time, temperature, date, producer permit number, and letters

"T.C.".

(6) A bulk milk hauler/sampler shall not sample milk in the

farm tank during emptying.

(7) A bulk milk hauler/sampler shall not sample milk in the

farm tank with a sample container or any other unapproved transfer

instrument or sampling device.

(8) A bulk milk hauler/sampler shall place producer milk

samples into approved sample containers only. The sample containers

shall be properly protected and handled to prevent contamination.

(9) A bulk milk hauler/sampler shall place milk only in sample

containers that are legibly marked with the following:

(a) The milk producer's permit number.

(b) The date of pickup.

~~(c) The route number.~~

(10) The bulk milk hauler/sampler shall store the milk samples

in an approved manner to protect the samples from contamination

inside a refrigerated, insulated transport case that is kept

tightly covered until the samples are delivered to the transfer

point, laboratory, or other destination.

(11) The bulk milk hauler/sampler shall maintain milk samples

in a temperature range of 32 degrees Fahrenheit (0 degree Celsius)

to 40 degrees Fahrenheit (4.4 degrees Celsius).

Sec. 63. (1) A bulk milk hauler/sampler shall not adulterate

milk in the farm tank or the milk tank truck.

(2) There shall be no partial removal of milk from the farm

tank by the bulk milk hauler/sampler except that partial pickups

may be permitted when the farm tank is equipped with a 7-day

recording device complying with the specifications of pasteurized

milk ordinance appendix H, or another recording device acceptable

to the department, provided that the farm milk tank shall be

cleaned and sanitized when empty and shall be emptied at least

every 72 hours. In the absence of a temperature recording device,

partial pickups may be permitted as long as the farm tank is

completely empty, clean, and sanitized before the next milking. In

the event of emergency situations , or seasonal weight

restrictions, ~~or the overflow of the milk tank truck,~~ partial

pickups will be allowed.

(3) A bulk milk hauler/sampler shall carry an accurate,

approved dial-type or electronic thermometer with him or her on the

route and shall not pickup milk from a farm tank which exceeds the

maximum temperature allowed by law.

(4) A bulk milk hauler/sampler shall keep his or her sample

transfer instrument and sample transport case clean and in good

repair.

(5) A bulk milk hauler/sampler shall use the hose port

provided for him or her in the milkhouse for accommodation of the

pickup milk hose.

(6) A bulk milk hauler/sampler shall comply with the

requirements of appendix B of the pasteurized milk ordinance,

incorporated herein by reference.

Sec. 68. (1) Only pasteurized milk and milk products shall be

offered for sale or sold, directly or indirectly, to the final

consumer or to restaurants, grocery stores, or similar

establishments.

(2) All milk and milk products shall be pasteurized according

to the requirements of the pasteurized milk ordinance and the time-

temperature relationships described in the pasteurized milk

ordinance.

(3) All dairy plant by-products used for feeding purposes for

farm animals shall be pasteurized or be derived from pasteurized

products when specified by the director.

(4) Milk and milk products may be aseptically processed as

low-acid foods provided they comply with the following

requirements:

(a) All thermally processed milk and milk products that are

packaged in hermetically sealed containers shall be processed in a

milk processing facility licensed under this act, the manufacturing

milk law of 2001, or the food law of 2000.

(b) All processors of acidified milk and milk products

packaged in hermetically sealed containers shall comply with the

regulations of the U.S. food and drug administration in 21 CFR part

108, 21 CFR part 110, and 21 CFR part 114.

packaged in hermetically sealed containers shall comply with the

regulations of the U.S. food and drug administration in 21 CFR part

108, 21 CFR part 110, and 21 CFR part 113.

(d) Hermetically sealed packages shall be handled to maintain

product and container integrity.

Sec. 69. (1) Each processor and manufacturer of milk and milk

products sold in this state shall place on each container of milk

and milk products a recommended last day of sale by month and date.

(2) The sell-by date shall be expressed by the first 3 letters

of the month followed by the numeral designating the appropriate

calendar day or by expressing the calendar month numerically

followed by a numeral designating the calendar day.

(3) The sell-by date shall appear on that part of the

container that is most likely to be displayed, presented, or shown

under customary display conditions of sale. However, a cup

container may have the sell-by date placed on the bottom.

(4) The sell-by date on the container shall be legible and

shall not interfere with the legibility of other information

required to be on the product.

(5) Processors and manufacturers of milk and milk products

shall register the following information with the department on

forms provided by the department:

(a) The assigned sell-by date of each milk and milk product

processed and the length of time between production and the sell-by

date. Plant records of a testing program conducted shall

substantiate this length of time by the processor or manufacturer.

(b) The method of application and location of the sell-by date

for each size and style of container.

the effective day of the change.

(6) Milk and milk products shall maintain nutritional levels

and shall not have a flavor change before the sell-by date.

(7) The director shall periodically sample and analyze milk

and milk products to determine if the flavor has changed by the

sell-by date. Milk and milk products obtained for analysis by the

director prior to the sell-by date shall be stored at a temperature

of 44 degrees Fahrenheit (6.5 degrees Celsius), plus or minus 1

degree Fahrenheit (0.5 degree Celsius), until analyzed.

(8) The processor or manufacturer of milk or milk products

which do not maintain their flavor until the sell-by date shall,

upon receipt of written or verbal notice from the director, make

the changes necessary to improve product quality or alter the sell-

by date so as to comply with the law. The processor or manufacturer

is not responsible for milk and milk products when the nutritive

value loss or flavor deterioration of those products can be

determined to be caused by mishandling, improper storage, or lack

of refrigeration at points beyond his or her control.

(9) Milk and milk products shall not be offered for sale after

the sell-by date unless they are advertised to the final consumer

in a prominent manner as being beyond the recommended last day of

sale.

(10) The final seller is fully responsible for the proper

advertisement of milk and milk products sold beyond the sell-by

date.

(11) Packaged fluid dairy products that exceed the sell-by

date shall not be reused in any dairy products regulated by this

act or the manufacturing milk law of 2001 unless a protocol for

such reprocessing is approved by the department. The protocol shall

include consideration of storage temperatures, bacterial counts,

age past sell-by date, sight and smell grading qualities, added

ingredients, and any other factors considered critical by the

director.

(12) Packaged fluid dairy products that have left the control

of a dairy plant but are returned or delivered to a dairy plant,

commonly referred to as "returned products", shall not be

reprocessed into milk or milk products regulated under this act or

the manufacturing milk law of 2001.

Enacting section 1. This amendatory act takes effect 30 days

after the date it is enacted into law.