SB-1008, As Passed Senate, February 13, 2008

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1008

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 2001 PA 267, entitled

 

"Manufacturing milk law of 2001,"

 

by amending sections 10, 11, 12, 13, 15, 16, 17, 70, 90, 110,

 

110a, 111, 113, 114, 115, 116, 119, 125, 130, 131, 136, 137, 139,

 

140, 142, 143, 152, and 159 (MCL 288.570, 288.571, 288.572,

 

288.573, 288.575, 288.576, 288.577, 288.630, 288.650, 288.670,

 

288.670a, 288.671, 288.673, 288.674, 288.675, 288.676, 288.679,

 

288.685, 288.690, 288.691, 288.696, 288.697, 288.699, 288.700,

 

288.702, 288.703, 288.712, and 288.719), section 110a as added by

 

2004 PA 282.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 10. As used in this act:

 

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

 

 3  of the following apply:

 

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

 

 2  substance that may render it injurious to health except that, if

 

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

 

 4  is not considered adulterated if the quantity of that substance

 

 5  in the food or milk product does not ordinarily render it

 

 6  injurious to health.

 

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

 

 8  deleterious substance, other than a substance that is a pesticide

 

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

 

10  or a color additive considered unsafe within the meaning of

 

11  subparagraph (v).

 

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

 

13  contains a pesticide chemical considered unsafe within the

 

14  meaning of subparagraph (v).

 

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

 

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

 

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

 

18  commodity in conformity with an exemption granted or tolerance

 

19  prescribed under subparagraph (v) and the raw agricultural

 

20  commodity has been subjected to processing the residue of that

 

21  pesticide chemical remaining in or on that processed food is,

 

22  notwithstanding the provisions of subparagraph (v) and this

 

23  subdivision, not be considered unsafe if that residue in or on

 

24  the raw agricultural commodity has been removed to the extent

 

25  possible in good manufacturing practice and if the concentration

 

26  of that residue in the processed food when ready to eat is not

 

27  greater than the tolerance prescribed for the raw agricultural

 

 1  commodity.

 

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

 

 3  additive, and pesticide chemical in or on a raw agricultural

 

 4  commodity, or any color additive is considered unsafe for the

 

 5  purpose of application of this definition, unless there is in

 

 6  effect a federal regulation or exemption from regulation under

 

 7  the federal act, meat inspection act, poultry product inspection

 

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

 

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

 

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

 

11  substance conforms to the terms prescribed by the rule.

 

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

 

13  product of a new animal drug that is unsafe within the meaning of

 

14  section 512 of the federal act, 21 USC 360b.

 

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

 

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

 

17  otherwise unfit for food.

 

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

 

19  insanitary conditions in which it may have become contaminated

 

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

 

21  unwholesome, or injurious to health.

 

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

 

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

 

24  garbage or uncooked offal from a slaughterhouse.

 

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

 

26  poisonous or deleterious substance that may render the contents

 

27  injurious to health.

 

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

 

 2  omitted or abstracted from the food; a substance has been

 

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

 

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

 

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

 

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

 

 7  appear better or of greater value than it is.

 

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

 

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

 

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

 

11  practical functional value to the confectionery product and would

 

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

 

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

 

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

 

15  extracts; or it bears or contains any nonnutritive substance

 

16  except a nonnutritive substance such as harmless coloring,

 

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

 

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

 

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

 

20  containing harmless nonnutritive masticatory substances which is

 

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

 

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

 

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

 

24  deception of the consumer or otherwise result in adulteration or

 

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

 

26  purpose of avoiding or resolving uncertainty as to the

 

27  application of this subdivision, the director may issue rules

 

 1  allowing or prohibiting the use of particular nonnutritive

 

 2  substances.

 

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

 

 4  unsafe within the meaning of subparagraph (v).

 

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

 

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

 

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

 

 8  federal act.

 

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

 

10  higher than allowed under this act.

 

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

 

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

 

13  labeling, for the purpose of inducing, or is likely to induce,

 

14  directly or indirectly, the purchase of milk or milk products.

 

15        (c) "Approved laboratory" means a laboratory that has been

 

16  evaluated by the department and is approved to perform tests on

 

17  manufacturing milk and milk products.

 

18        (d) (b) "Approved sample container" means a presterilized,

 

19  suitable nontoxic single service container of adequate size that

 

20  complies with the requirements of standard methods.

 

21        (e) (c) "Audited financial statement" means a fiscal year

 

22  end financial statement prepared by a certified public accountant

 

23  according to generally accepted accounting principles.

 

24        (f) (d) "Aseptic processing and packaging" means the filling

 

25  of a commercially sterilized cooled product into presterilized

 

26  containers followed by aseptic hermetical sealing with a

 

27  presterilized closure, in an atmosphere free of microorganisms.

 

 1        Sec. 11. As used in this act:

 

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

 

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

 

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

 

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

 

 6  permit to sample such products.

 

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

 

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

 

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

 

10  pasteurization from a dairy farm to a dairy plant, receiving

 

11  station, or transfer station.

 

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

 

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

 

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

 

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

 

16        (d) "Cash payments", regarding the producer security

 

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

 

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

 

19  title to farm milk is transferred.

 

20        (e) (d) "Cheese" means natural cheeses, processed cheeses,

 

21  blended cheeses, cheese foods, cheese spreads, nonstandard cheese

 

22  products, and related foods described in 21 C.F.R. CFR part 133.

 

23        (f) (e) "CIP" or "cleaned-in-place" means the procedure by

 

24  which sanitary pipelines or pieces of dairy equipment are

 

25  mechanically cleaned in place by circulation.

 

26        (g) (f) "Commercial sterility of thermally processed food"

 

27  means the condition achieved under either of the following

 

 1  circumstances:

 

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

 

 3  microorganisms capable of reproducing in the food under normal

 

 4  nonrefrigerated conditions of storage and distribution and viable

 

 5  microorganisms, including spores, of public health significance.

 

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

 

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

 

 8  reproduction in the food under normal nonrefrigerated conditions

 

 9  of storage and distribution.

 

10        (h) (g) "Cream" means any of the following:

 

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

 

12  than 30% milkfat.

 

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

 

14  36% milkfat.

 

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

 

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

 

17  as whey cream.

 

18        Sec. 12. As used in this act:

 

19        (a) "Dairy animal" means any domesticated lactating mammal,

 

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

 

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

 

22  consumption.

 

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

 

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

 

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

 

26        (c) (a) "Dairy plant" means a milk plant, transfer or

 

27  receiving station, cheese plant, frozen desserts plant, or other

 

 1  plant receiving dairy products or processing dairy products into

 

 2  manufactured dairy products or "milk plant" means any place,

 

 3  premises, or establishment where milk or dairy products are

 

 4  collected, handled, processed, stored, pasteurized, aseptically

 

 5  processed, packaged, or prepared for distribution.

 

 6        (d) (b) "Dairy product", or "manufactured dairy product", or

 

 7  "milk product" means products that include, but are not limited

 

 8  to, evaporated milk, condensed skim milk, condensed milk,

 

 9  condensed buttermilk, condensed milk solids, concentrate milk,

 

10  nonfat dry milk, dry milk, dry cream, dry whey, dry buttermilk,

 

11  butter, buttermilk, cheese, cheese products, ice cream, sherbet,

 

12  frozen desserts, dairy confections, or novelties, related dairy

 

13  products with butter fat or milk solids substitutions, filtered

 

14  milk components, infant formula manufactured with dairy

 

15  ingredients, whey, whey cream, and other products for human

 

16  consumption not regulated under the grade A dairy milk law of

 

17  2001 or as determined appropriate by the director.

 

18        (e) (c) "Department" means the Michigan department of

 

19  agriculture.

 

20        (f) (d) "Director" means the director of the Michigan

 

21  department of agriculture or his or her designee.

 

22        (g) (e) "Distributor" means a person other than a producer

 

23  or processor who offers for sale, holds for sale, or sells to

 

24  another for resale at retail, at wholesale milk or dairy

 

25  products. A distributor's facilities include warehousing,

 

26  refrigerated storage, and refrigerated distribution vehicles.

 

27        (h) (f) "Dry milk product" means a product resulting from

 

 1  the drying of milk or a dairy product.

 

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

 

 3  product.

 

 4        Sec. 13. As used in this act:

 

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

 

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

 

 7  before pickup and transport from the farm.

 

 8        (b) "Federal act" means the federal food, drug, and cosmetic

 

 9  act, chapter 675, 52 Stat. 1040, 21 U.S.C. USC 301 to 321, 331 to

 

10  333, 334 to 343-3, 344 to 346a, 347, 348 to 356c, 358 to 360,

 

11  360b to 360dd, 360hh to 360oo, 360rr to 363, 371 to 376, and 378

 

12  to 397 399.

 

13        (c) "First receiving point" means the dairy plant where the

 

14  milk is first received for processing and manufacturing. First

 

15  receiving point for producer security requirements does not

 

16  include receiving stations and transfer stations.

 

17        (d) "Food law of 2000" means the food law of 2000, 2000 PA

 

18  92, MCL 289.1101 to 289.8111.

 

19        (e) "Food service establishment" means a fixed or mobile

 

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

 

21  luncheonette, grill, tearoom, sandwich shop, soda fountain,

 

22  tavern, bar, cocktail lounge, nightclub, drive-in, industrial

 

23  feeding establishment, private organization serving the public,

 

24  rental hall, catering kitchen, delicatessen, theater, commissary,

 

25  food concession, or similar place in which food or drink is

 

26  prepared for direct consumption through service on the premises

 

27  or elsewhere, and any other eating or drinking establishment or

 

 1  operation where food is served or provided for the public. Food

 

 2  service establishment does not include any of the following:

 

 3        (i) A motel that serves continental breakfasts only.

 

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

 

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

 

 6  which are available for rent to transient tenants.

 

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

 

 8  15 rooms for rent, if the bed and breakfast serves continental

 

 9  breakfasts only.

 

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

 

11  MCL 722.111 to 722.128, unless the establishment is carrying out

 

12  an operation considered by the director to be a food service

 

13  establishment.

 

14        (f) (d) "Freezer" means mechanical equipment used to lower

 

15  the temperature of a mix while, at the same time, incorporating

 

16  air into the mix.

 

17        (g) (e) "Frozen desserts" means desserts made from dairy

 

18  products described in 21 C.F.R. CFR part 135, the mixes, and

 

19  other similar frozen dairy products that include, but are not

 

20  limited to, frozen yogurt, soft serve ice cream, and quiescently

 

21  frozen confections unless otherwise specified by the department.

 

22        (h) "Grade A milk law of 2001" means the grade A milk law of

 

23  2001, 2001 PA 266, MCL 288.471 to 288.540.

 

24        (i) (f) "Imminent or substantial health hazard" means a

 

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

 

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

 

27  requiring immediate action to prevent endangering the public

 

 1  health or safety.

 

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

 

 3        (j) (g) "Label" means a display of written, printed, or

 

 4  graphic matter upon the immediate container of any article

 

 5  conforming to a requirement imposed under this act that any word,

 

 6  statement, or other information appearing on the label also

 

 7  appears on the outside container or wrapper of the retail package

 

 8  of the article or be easily legible through the outside container

 

 9  or wrapper.

 

10        (k) (h) "Labeling" means all labels and other written,

 

11  printed, or graphic matter upon an article or any of its

 

12  containers or wrappers or accompanying the article.

 

13        Sec. 15. As used in this act:

 

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

 

15  apply:

 

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

 

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

 

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

 

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

 

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

 

21  imitated.

 

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

 

23  misleading.

 

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

 

25  containing both the name and place of business of the

 

26  manufacturer, packer, or distributor and an accurate statement of

 

27  the quantity of the contents in terms of weight, measure, or

 

 1  numerical count subject to reasonable variations as are permitted

 

 2  and exemptions as to small packages as are established by rules

 

 3  promulgated prescribed by the department.

 

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

 

 5  act is not prominently placed on the label or labeling

 

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

 

 7  and understood by the ordinary individual under customary

 

 8  conditions of purchase and use.

 

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

 

10  a definition and standard of identity have been prescribed by

 

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

 

12  conforms to such definition and standard and its label bears the

 

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

 

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

 

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

 

16  present in such food.

 

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

 

18  following:

 

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

 

20  prescribed by this act or rules and its quality falls below such

 

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

 

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

 

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

 

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

 

25  below the standard of fill of container applicable unless its

 

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

 

27  statement that it falls below the standard.

 

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

 

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

 

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

 

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

 

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

 

 6  colorings, without naming each and under other circumstances as

 

 7  established by rules regarding exemptions based upon

 

 8  practicality, potential deception, or unfair competition.

 

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

 

10  artificial coloring, or chemical preservative unless the labeling

 

11  states that fact and under other circumstances as established by

 

12  rules regarding exemptions based upon practicality.

 

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

 

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

 

15  information required under section 403(q) of the federal act,

 

16  chapter 675, 52 Stat. 1047, 21 U.S.C. USC 343.

 

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

 

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

 

19  will result in the final food product being adulterated or

 

20  misbranded.

 

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

 

22  not in conformity with packaging and labeling requirements

 

23  applicable to such color additive prescribed under the provisions

 

24  of the federal act.

 

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

 

26  any other unfrozen pasteurized liquid mixture which is to be

 

27  manufactured into a frozen dessert including a liquid mixture

 

 1  intended for processing into quiescently frozen confections.

 

 2        Sec. 16. As used in this act:

 

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

 

 4  holding for sale, preparing for sale, trading, bartering,

 

 5  offering as a gift as an inducement for sale of, and advertising

 

 6  for sale in any media.

 

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

 

 8  security agreement, acceptable to the director, approved and

 

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

 

10  that milk buyer.

 

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

 

12  limited liability company, cooperative, association, firm,

 

13  trustee, educational institution, state or local government unit,

 

14  or corporation.

 

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

 

16  plant.

 

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

 

18  farm and sells or distributes milk produced on that farm

 

19  including a person who markets milk on behalf of another a

 

20  producer pursuant to a marketing agreement.

 

21        (f) "Receiving station" means any place, premise, or

 

22  establishment where raw milk is received, collected, handled,

 

23  stored, or cooled and is prepared for further transporting.

 

24        (g) "Registered name" means either a name that is registered

 

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

 

26  in which the producer or processor resides or that is registered

 

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

 

 1  business within the state under an assumed name. Registered name

 

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

 

 3  limited liability companies, limited liability partnerships, and

 

 4  similar entities.

 

 5        (h) (g) "Rerun" means a frozen dessert that is not placed in

 

 6  its final container immediately after passing through the

 

 7  freezing process and is intended to be melted and reprocessed or

 

 8  refrozen.

 

 9        (i) "Retail" means selling or offering for sale dairy

 

10  products directly to a consumer.

 

11        (j) "Retail food establishment" means an operation that

 

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

 

13  establishment includes both a retail grocery and a food service

 

14  establishment but does not include a food processing plant.

 

15        Sec. 17. As used in this act:

 

16        (a) "Sample transfer instrument" means any of the following:

 

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

 

18  tubes.

 

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

 

20  capacities of 10 ml. or greater.

 

21        (iii) Sampling devices approved by the director.

 

22        (b) "Sanitary standards" means the dairy equipment

 

23  construction standards or accepted dairy system operating

 

24  practices formulated by 1 of the following:

 

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

 

26  international association for food protection, the United States

 

27  public health service, the United States department of

 

 1  agriculture, and the dairy industry committee.

 

 2        (ii) Standards If sanitary standards are not available for a

 

 3  particular piece of equipment, general sanitary construction

 

 4  standards for dairy equipment formulated by the United States

 

 5  department of agriculture or the food and drug administration.

 

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

 

 7  case-by-case basis.

 

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

 

 9  method or sanitizing agent in compliance with the federal act to

 

10  a clean surface for the destruction of pathogens and other

 

11  organisms as far as is practicable.

 

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

 

13  by the processor as adequate under the conditions of manufacture

 

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

 

15  public health significance as well as microorganisms of nonhealth

 

16  significance capable of reproducing in the food under normal

 

17  nonrefrigerated conditions. Scheduled process includes an aseptic

 

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

 

19  destruction of microorganisms of public health significance but

 

20  at least equivalent to the process established by a competent

 

21  processing authority to achieve commercial sterility under 21

 

22  C.F.R. CFR part 113.

 

23        (e) "Standard methods" means the sixteenth edition of

 

24  "Standard Methods for the Examination of Dairy Products",

 

25  published by the American public health association, dated 1992,

 

26  incorporated by reference.

 

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

 

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

 

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

 

 3  between 212°F (100°C) to 280°F (138°C) for a period of time

 

 4  established by the scheduled process or by the department.

 

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

 

 6  of 280°F (138°C) for a period of time established by the

 

 7  scheduled process or by the department.

 

 8        (iii) Employing a process described in subdivision (i) or (ii),

 

 9  and following packaging of the sterilized product, applying a

 

10  heat treatment approved by the department.

 

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

 

12  products hermetically sealed in a container and thermally

 

13  processed or otherwise processed so as to render the product free

 

14  of microorganisms capable of reproducing in the product under

 

15  normal nonrefrigeration conditions of storage and distribution

 

16  and free of viable microorganisms including spores of public

 

17  health significance.

 

18        (h) "Transfer station" means any place, premises, or

 

19  establishment where milk or dairy products are transferred

 

20  directly from 1 milk tank truck to another.

 

21        (i) "Verified financial statement" means a financial

 

22  statement that contains a notarized statement, signed and sworn

 

23  to by an authorized representative of the dairy plant, attesting

 

24  that the financial statement is correct.

 

25        (j) "Wholesale" means selling or offering to sell dairy

 

26  products to retailers, jobbers, or distributors rather than

 

27  directly to a consumer.

 

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

 

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

 

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

 

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

 

 5  product to a person or a processor.

 

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

 

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

 

 

8

Chemical, Physical, Bacteriological, and Temperature Standards

 

9

MANUFACTURING GRADE RAW

Temperature

Bulk milk cooled to 45°F

10

MILK FOR PASTEURIZATION

 

(7°C) or less within 2

11

(NOT FOR FROZEN

 

hours after milking and

12

DESSERTS) INCLUDING

 

maintained thereat.

13

ULTRAFILTRATION OR

 

Provided that the blend

14

REVERSE OSMOSIS RAW MILK

 

temperature after the

15

CONCENTRATE

 

first and subsequent

16

 

 

milkings does not exceed

17

 

 

50°F (10°C). Can milk

18

 

 

not to exceed 60°F

19

 

 

(16°C) if used for cheese

20

 

 

making; if delivered to

21

 

 

the plant within 2

22

 

 

hours of milking, no

23

 

 

temperature limit.

24

   

   

   

25

 

Bacterial

Not to exceed 500,000

26

 

limits

per ml (milk for cheese

27

 

 

not to exceed 750,000

28

 

 

per ml). Not to exceed

29

 

 

1,000,000 per ml as


1

 

 

commingled milk prior

2

 

 

to pasteurization.

3

   

   

   

4

 

Somatic cell

Not to exceed 1,000,000

5

 

count

per ml.

6

   

   

   

7

 

Drug residues

No positive results on

8

 

 

drug residue detection

9

 

 

methods which have been

10

 

 

found to be acceptable

11

 

 

for use with raw milk.

12

   

   

   

13

 

Sediment

Not to exceed a USDA no.

14

 

 

3 standard following

15

 

 

procedures from standard

16

 

 

methods for the

17

 

 

examination of milk and

18

 

 

milk products.

19

   

   

   

20

 

Freezing point

-0.530°H maximum.

21

   

   

   

22

RAW MILK FOR FROZEN

Temperature

Bulk milk cooled to 45°F

23

DESSERTS

 

(7°C) or less within 2

24

 

 

hours after milking and

25

 

 

maintained thereat.

26

 

 

Provided, that the blend

27

 

 

temperature after the

28

 

 

first and subsequent

29

 

 

milkings does not exceed

30

 

 

50°F (10°C).

31

   

   

   


1

 

Bacterial

Not to exceed 100,000

2

 

limits

per ml for individual

3

 

 

supplies, not to exceed

4

 

 

300,000 per ml

5

 

 

commingled.

6

   

   

   

7

 

Somatic cell

Not to exceed 750,000

8

 

counts

per ml.

9

   

   

   

10

 

Drug residues

No positive results on

11

 

 

drug residue detection

12

 

 

methods which have been

13

 

 

found to be acceptable

14

 

 

for use with raw milk.

15

   

   

   

16

 

Sediment

Not to exceed a USDA

17

 

 

no. 3 standard following

18

 

 

procedures from standard

19

 

 

methods for the

20

 

 

examination of milk and

21

 

 

milk products.

22

   

   

   

23

 

Freezing point

-0.530°H maximum.

24

   

   

   

25

PASTEURIZED CONDENSED

Temperature

Cooled to 45°F (7°C)

26

MILK AND CONDENSED

 

[50°F (10°C) if 45% or

27

SKIM MILK

 

more solids] or less,

28

 

 

or heated to 145° (63°C)

29

 

 

or greater and

30

 

 

maintained thereat

31

 

 

unless the product is


1

 

 

being dried within 4

2

 

 

hours after condensing.

3

   

   

   

4

 

Bacterial

Not to exceed 30,000

5

 

limits

per gram.

6

   

   

   

7

 

Coliform count

Not to exceed 10 per

8

 

 

gram. Provided, that in

9

 

 

the case of bulk milk

10

 

 

transport tank shipments

11

 

 

shall not exceed 100 per

12

 

 

ml.

13

   

   

   

14

 

Phosphatase

Less than 1 microgram

15

 

 

per ml by the Scharer

16

 

 

rapid method; less than

17

 

 

500 milliunits per L by

18

 

 

fluorometric procedure

19

 

 

or Charm ALP method,

20

 

 

or equivalent.

21

   

    

   

22

 

Drug residues

No positive results on

23

 

 

drug residue detection

24

 

 

methods which have been

25

 

 

found to be acceptable

26

 

 

for use with condensed

27

 

 

milk and condensed skim

28

 

 

milk.

29

   

   

   

30

DRY WHOLE MILK, EXTRA

 

 

31

GRADE

No more than:

 

1

   

   

   

2

 

Butterfat

Not less than 26% or

3

 

 

more than 40%.

4

   

   

   

5

 

Moisture

4.50%.

6

   

   

   

7

 

Solubility

1.0 ml spray process;

8

 

index

15.0 roller process.

9

   

   

   

10

 

Bacterial limit

Not to exceed 50,000

11

 

 

per gram.

12

   

   

   

13

 

Coliform count

Not to exceed 10 per

14

 

 

gram.

15

   

   

   

16

 

Scorched

15.0/gram spray process;

17

 

particles

22.5 roller process.

18

 

disc B

 

19

   

   

   

20

 

Drug residues

No positive results on

21

 

 

drug residue detection

22

 

 

methods which have been

23

 

 

found to be acceptable

24

 

 

for use with dry whole

25

 

 

milk.

26

   

   

   

27

 

DMCC count

Less than 100,000,000

28

 

 

per gram.

29

   

   

   

30

DRY WHOLE MILK, STANDARD

 

 

31

GRADE

No more than:

 

1

   

   

   

2

 

Butterfat

Not less than 26% or

3

 

 

more than 40%.

4

   

   

   

5

 

Moisture

5.00%.

6

   

   

   

7

 

Titratable

0.15%.

8

 

acidity

 

9

   

   

   

10

 

Solubility

1.5 ml spray process;

11

 

index

15.0 ml roller process.

12

   

   

   

13

 

Bacterial limit

Not to exceed 100,000

14

 

 

per gram.

15

   

   

   

16

 

Coliform count

Not to exceed 10 per

17

 

 

gram.

18

   

   

   

19

 

Scorched

22.5 per gram spray

20

 

particles

process; 32.5 per gram

21

 

disc B

roller process.

22

   

   

   

23

 

Drug residues

No positive results on

24

 

 

drug residue detection

25

 

 

methods which have been

26

 

 

found to be acceptable

27

 

 

for use with dry, whole

28

 

 

milk.

29

   

   

   

30

 

DMCC count

Less than 100,000,000

31

 

 

per gram.

1

   

   

   

2

NONFAT DRY MILK, EXTRA

 

 

3

GRADE

No more than:

 

4

   

   

   

5

 

Butterfat

1.25%.

6

   

   

   

7

 

Moisture

4.00%.

8

   

   

    

9

 

Titratable

0.15%.

10

 

acidity

 

11

   

   

   

12

 

Solubility

1.2 ml (2.0 ml high-

13

 

index

heat, max) spray process;

14

 

 

15.0 ml roller process.

15

   

   

   

16

 

Bacterial limit

Not to exceed 10,000 per

17

 

 

gram spray or 50,000 per

18

 

 

gram roller process.

19

   

   

   

20

 

Coliform count

Not to exceed 10 per

21

 

 

gram.

22

   

   

   

23

 

Scorched

15.0/gram spray;

24

 

particles

22.5/gram roller

25

 

disc B

process.

26

   

   

   

27

 

Drug residues

No positive results on

28

 

 

drug residue detection

29

 

 

methods which have been

30

 

 

found to be acceptable

31

 

 

for use with nonfat dry


1

 

 

milk.

2

   

   

   

3

 

DMCC count

Less than 100,000,000

4

 

 

per gram.

5

   

   

   

6

NONFAT DRY MILK,

 

 

7

STANDARD GRADE

No more than:

 

8

   

   

   

9

 

Butterfat

1.50%.

10

   

   

   

11

 

Moisture

5.00%.

12

   

   

   

13

 

Titratable

0.17%.

14

 

acidity

 

15

   

   

   

16

 

Solubility

2.5 ml spray process;

17

 

index

15.0 ml roller process.

18

   

   

   

19

 

Bacterial

75,000/gram spray;

20

 

estimate

100,000/gram roller

21

 

 

process.

22

   

   

   

23

 

Coliform count

10 per gram.

24

   

   

   

25

 

Scorched

22.5/gram spray;

26

 

particles

32.5/gram roller

27

 

disc B

process.

28

   

   

   

29

 

Drug residues

No positive results on

30

 

 

drug residue detection

31

 

 

methods which have been

1

 

 

found to be acceptable

2

 

 

for use with nonfat dry

3

 

 

milk.

4

   

   

   

5

 

DMCC count

Less than 100,000,000

6

 

 

per gram.

7

   

   

   

8

INSTANT NONFAT DRY

 

 

9

MILK, EXTRA GRADE

No more than:

 

10

   

   

   

11

 

Butterfat

1.25%.

12

   

   

   

13

 

Moisture

4.50%.

14

   

   

   

15

 

Titratable

0.15%.

16

 

acidity

 

17

   

   

   

18

 

Solubility

1.0 ml.

19

 

index

 

20

   

   

   

21

 

Bacterial limit

Not to exceed 10,000 per

22

 

 

gram.

23

   

   

   

24

 

Coliform count

Not to exceed 10 per

25

 

 

gram.

26

   

   

   

27

 

Scorched

15.0/gram.

28

 

particles

 

29

 

disc B

 

30

   

   

   

31

 

Drug residues

No positive results on

1

 

 

drug residue detection

2

 

 

methods which have been

3

 

 

found to be acceptable

4

 

 

for use with nonfat dry

5

 

 

whole milk.

6

   

   

   

7

 

Dispersibility

85.0%.

8

   

   

   

9

 

DMCC count

Less than 40,000,000

10

 

 

per gram.

11

   

   

   

12

WHEY FOR CONDENSING

Temperature

Maintained at a

13

 

 

temperature of 45°F (7°C)

14

 

 

or less, or 145°F (63°C)

15

 

 

135°F (57°C) or greater,

16

 

 

except for acid-type

17

 

 

whey with a titratable

18

 

 

acidity 0.40% or

19

 

 

above, or a pH of 4.6

20

 

 

or below.

21

   

   

   

22

 

Drug residues

No positive results on

23

 

 

drug residue detection

24

 

 

methods which have been

25

 

 

found to be acceptable

26

 

 

for use with whey.

27

   

   

   

28

PASTEURIZED CONDENSED

Temperature

Cooled to 45°F (7°C)

29

WHEY AND WHEY PRODUCTS

 

50°F (10°C) or less

30

 

 

during crystallization,

31

 

 

within 18 72 hours of


1

 

 

condensing.

2

   

   

   

3

 

Bacterial

Not to exceed 50,000 per

4

 

limit

gram.

5

   

   

   

6

 

Coliform count

Not to exceed 10 per

7

 

 

gram.

8

   

   

   

9

 

Phosphatase

Less than 1 microgram per

10

 

 

ml by the Scharer rapid

11

 

 

method; less than 500

12

 

 

milliunits per L by

13

 

 

fluorometric procedure

14

 

 

or Charm ALP method, or

15

 

 

equivalent.

16

   

   

   

17

 

Drug residues

No positive results on

18

 

 

drug residue detection

19

 

 

methods which have been

20

 

 

found to be acceptable

21

 

 

for use with condensed

22

 

 

whey.

23

   

   

   

24

DRY WHEY, EXTRA GRADE

Bacterial

Not to exceed 30,000 per

25

 

limit

gram.

26

   

   

   

27

 

Coliform

Not to exceed 10 per

28

 

count

gram.

29

   

   

   

30

 

Milkfat

Not to exceed 1.5%.

31

 

content

 

1

   

   

   

2

 

Moisture

Not to exceed 5.0%.

3

 

content

 

4

   

   

   

5

 

Scorched

Not to exceed 15.0%.

6

 

particle

 

7

 

content

 

8

   

   

   

9

DRY WHEY, DRY WHEY

Bacterial

Not to exceed 50,000 per

10

PRODUCTS

limit

gram.

11

   

   

   

12

 

Coliform

Not to exceed 10 per

13

 

count

gram.

14

   

   

   

15

 

Butterfat

Not more than 1.50%.

16

   

   

   

17

 

Moisture

Not more than 5%.

18

   

   

   

19

 

Drug

No positive results on

20

 

residues

drug residue detection

21

 

 

methods which have been

22

 

 

found to be acceptable

23

 

 

for use with dry whey

24

 

 

and dry whey products.

25

   

   

   

26

DRY BUTTERMILK AND DRY

Butterfat

4.5% min.

27

BUTTERMILK PRODUCTS,

 

 

28

EXTRA GRADE

Moisture

4.0% max.

29

   

   

   

30

 

Titratable

0.10-0.18%.

31

 

acidity

 

1

   

   

   

2

 

Solubility

1.25 ml spray process;

3

 

index

15.0 roller process.

4

   

   

   

5

 

Bacterial

Not to exceed 20,000 per

6

 

limit

gram.

7

   

   

   

8

 

Coliform

Not to exceed 10 per

9

 

count

gram.

10

   

   

   

11

 

Scorched

15.0 mg spray process;

12

 

particles

22.5 mg roller process.

13

 

disc B

 

14

   

   

   

15

 

Drug

No positive results on

16

 

residues

drug residue detection

17

 

 

methods which have been

18

 

 

found to be acceptable

19

 

 

for use with dry

20

 

 

buttermilk and dry

21

 

 

buttermilk products.

22

   

   

   

23

DRY BUTTERMILK AND DRY

Butterfat

4.5% min.

24

BUTTERMILK PRODUCTS,

 

 

25

STANDARD GRADE

 

 

26

   

   

   

27

 

Moisture

5.0% max.

28

   

   

   

29

 

Titratable

0.10-0.20%.

30

 

acidity

 

31

   

   

   


1

 

Solubility

2.0 ml spray process;

2

 

index

15.0 roller process.

3

   

   

   

4

 

Bacterial

Not to exceed 75,000 per

5

 

limit

gram.

6

   

   

   

7

 

Coliform

Not to exceed 10 per

8

 

count

gram.

9

   

   

   

10

 

Scorched

22.5 mg spray process;

11

 

particles

32.5 mg roller process.

12

 

disc B

 

13

   

   

   

14

 

Drug residues

No positive results on

15

 

 

drug residue detection

16

 

 

methods which have been

17

 

 

found to be acceptable

18

 

 

for use with dry

19

 

 

buttermilk and dry

20

 

 

buttermilk products.

21

   

   

   

22

BUTTER, WHIPPED

Percent

Not less than 80%.

23

BUTTER

butterfat

 

24

   

   

   

25

 

Temperature

Maintained at a

26

 

 

temperature of 45°F (7°C)

27

 

 

or less, when in storage.

28

   

   

   

29

 

Proteolytic

Not more than 50 per

30

 

count

gram.

31

   

   

   


1

 

Yeast and mold

Not more than 10 per

2

 

 

gram.

3

   

   

   

4

 

Coliform

Not more than 10 per

5

 

count

gram.

6

   

   

   

7

 

Keeping

Satisfactory after 7

8

 

quality

days at 70°F (21°C).

9

   

   

   

10

PASTEURIZED MILK,

Bacterial

Not to exceed 20,000

11

CREAM, FLUID DAIRY

limit

per ml.

12

PRODUCTS FOR FROZEN

 

 

13

DESSERTS

Coliform

Not to exceed 10 per

14

 

count

gram. Provided, that in

15

 

 

the case of bulk milk

16

 

 

transport tank shipments

17

 

 

shall not exceed 100

18

 

 

per ml.

19

   

   

   

20

 

Storage temp

No higher than 45°F

21

 

 

(7°C).

22

   

   

   

23

FROZEN DESSERT MIX

Bacterial

30,000 per ml.

24

 

limit

 

25

   

   

   

26

 

Coliform

Not to exceed 10 per

27

 

count

gram. Provided, that in

28

 

 

the case of bulk milk

29

 

 

transport tank shipments

30

 

 

shall not exceed 100

31

 

 

per ml.

1

   

   

   

2

 

Storage temp

No higher than 45°F

3

 

 

(7°C). (Sterile or

4

 

 

aseptic mix has no

5

 

 

storage temperature

6

 

 

requirement.)

7

   

   

   

8

FROZEN DESSERTS

Bacterial

30,000 per ml.

9

 

limit

 

10

   

   

   

11

 

Coliform

Not to exceed 10 per ml

12

 

count

(20 per gram for

13

 

 

chocolate, fruit, nuts,

14

 

 

or other bulky flavored

15

 

 

frozen desserts).

16

   

   

   

17

 

Storage temp

No higher than 32°F

18

 

 

(0°C).

19

   

   

   

20

 

Butterfat

Per standards listed in

21

 

 

21 C.F.R. 135.

22

   

   

   

23

STERILIZED OR ASEPTIC

Bacterial

No viable bacteria. Refer

24

PRODUCTS

limit

to 21 CFR 113.3(e)(1).

25

   

   

   

26

 

Temperature

No temperature standard.

27

 

 

None.

28

   

   

   

29

 

Yeast and

No viable yeast or mold

30

 

mold

spores.

31

   

   

   


1

 

Drug

No positive results on

2

 

residues

drug residue detection

3

 

 

methods which have been

4

 

 

found to be acceptable

5

 

 

for use with pasteurized

6

 

 

aseptically processed

7

 

 

milk and milk products.

8

   

   

   

9

PRIVATE WATER SUPPLIES

Coliform

Less than 1.1 per 100 ml

10

FOR DAIRY FARMS AND

count

as MPN or equivalent

11

DAIRY PLANTS;

 

method less than 1 per

12

RECIRCULATED COOLING

 

100 ml.

13

WATER (SWEET WATER);

 

 

14

GLYCOL FOR COOLING

 

 

15

   

    

   

16

CONDENSATE RECOVERY

Total plate

Not to exceed 500 per ml.

17

WATER (COW WATER)

count

 

18

   

   

   

19

 

Chemical

Not to exceed 12 mg per

20

 

oxygen demand

L.

21

   

   

   

22

 

Turbidity

Not to exceed 5 units.

 

 

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

 

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

 

25  dairy plants, single service manufacturing facilities, milk tank

 

26  truck cleaning facilities, receiving stations, transfer stations,

 

27  dairy product distribution facilities, vehicles used to transport

 

28  milk and milk products or single service manufacturers under its

 

29  jurisdiction, for the purpose of inspecting, sampling, and

 

 1  investigating conditions relating to the enforcement of this act.

 

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

 

 3  farms every 12 months and dairy plants, receiving stations, and

 

 4  transfer stations every 6 months, or at time intervals as

 

 5  specified by the director.

 

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

 

 7  milk tank trucks, process, manufacture, label, or sell

 

 8  manufacturing milk and dairy products or manufacture single

 

 9  service containers and closures unless licensed or permitted

 

10  under this act or the grade A law of 2001. A person licensed

 

11  under the grade A law of 2001 who is performing activity

 

12  regulated under that act is exempt from licensure under this act.

 

13  A person licensed under the grade A law of 2001 shall comply with

 

14  the requirements of this act and is subject to the penalties set

 

15  forth in this act, where applicable. The director may issue a

 

16  temporary license or permit. State agencies operating dairy

 

17  facilities under a memorandum of understanding with the

 

18  department are not required to be licensed or permitted or to

 

19  provide producer security under this act.

 

20        (1) A person shall not do any of the following without being

 

21  licensed under this act or the grade A milk law of 2001:

 

22        (a) Produce milk that is offered for sale.

 

23        (b) Collect milk samples for regulatory purposes.

 

24        (c) Operate a milk transportation company that owns or

 

25  operates a can milk truck.

 

26        (d) Process, label, or sell milk or manufactured dairy

 

27  products, except that a person operating a retail food

 

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

 

 2  she complies with section 111 and is licensed under the food law

 

 3  of 2000. This subdivision does not prevent the sale at wholesale

 

 4  or retail at a retail food establishment licensed under the food

 

 5  law of 2000 of milk or milk products that are packaged in final

 

 6  consumer packages at a facility licensed under this act.

 

 7        (e) Wash milk tank trucks.

 

 8        (2) A person licensed under the grade A milk law of 2001 and

 

 9  engaged in activities regulated under that act and activities

 

10  regulated under this act is exempt from licensure under this act.

 

11        (3) A person licensed under the grade A milk law of 2001 or

 

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

 

13  applicable, and is subject to the penalties set forth in this

 

14  act, where applicable.

 

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

 

16  activities regulated under this act.

 

17        (5) State agencies operating dairy facilities under a

 

18  memorandum of understanding with the department are not required

 

19  to be licensed or permitted, or to provide producer security

 

20  under this act, but are otherwise required to be in compliance

 

21  with this act.

 

22        (6) (2) An applicant for an initial manufacturing grade

 

23  dairy farm permit shall complete education on drug residue

 

24  avoidance control measures acceptable to the director before

 

25  receiving the permit.

 

26        (7) (3) An applicant for an initial license as a dairy plant

 

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

 

 1  department and provide a statement containing the following:

 

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

 

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

 

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

 

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

 

 6  or stock.

 

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

 

 8  pertains and the name of the responsible person who may be

 

 9  contacted at that location.

 

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

 

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

 

12  within the licensing period.

 

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

 

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

 

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

 

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

 

17  an updated list to the department.

 

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

 

19  checks are to be issued to producers.

 

20        (8) (4) A dairy plant shall annually renew a license issued

 

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

 

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

 

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

 

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

 

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

 

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

 

27  provide a statement containing the following:

 

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

 

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

 

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

 

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

 

 5  or stock.

 

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

 

 7  pertains and the name of the responsible person who may be

 

 8  contacted at that location.

 

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

 

10  receipts that the dairy plant received within a consecutive 30-

 

11  day period during its last license year or the greatest milk

 

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

 

13  consecutive 30-day period within the licensing period.

 

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

 

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

 

16  dairy plant is doing business.

 

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

 

18  checks are issued to producers.

 

19        (9) (5) Each dairy plant shall pay a $50.00 annual licensing

 

20  or permitting fee.

 

21        (10) (6) Each receiving station or transfer station shall be

 

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

 

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

 

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

 

25  take place on June 30 every year.

 

26        (11) (7) Each milk tank truck cleaning facility shall be

 

27  licensed or permitted under this act either as part of a dairy

 

 1  plant, receiving station or transfer station, or as a stand-alone

 

 2  milk tank truck cleaning facility, or under the grade A law of

 

 3  2001. Any milk tank truck cleaning facility that washes the milk

 

 4  contact surfaces of milk tank trucks used to haul grade A milk

 

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

 

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

 

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

 

 8        (12) (8) Each single service containers and closures

 

 9  manufacturer shall be licensed or permitted under this act either

 

10  as part of a dairy plant or as a stand-alone manufacturer. Each

 

11  stand-alone facility will be licensed at a rate of $50.00 per

 

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

 

13        (13) (9) A person shall not pick up manufacturing grade milk

 

14  in a farm pickup milk tank from a farm bulk milk tank without a

 

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

 

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

 

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

 

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

 

19  permit renewal shall take place on June 30 every year.

 

20        (14) (10) The director may issue a temporary license or

 

21  permit if the director determines that issuance of the license or

 

22  permit will not be detrimental to the protection of the public

 

23  health, safety, or welfare or will not cause an imminent threat

 

24  of financial loss to producers.

 

25        (15) (11) A political subdivision of the state shall not

 

26  levy special license fees or taxes on 1 or more of the persons or

 

27  businesses described in this section except for taxes or fees

 

 1  that are generally levied on persons or businesses other than

 

 2  dairy plants and dairy plant operators.

 

 3        (16) (12) The director shall examine the books, records, and

 

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

 

 5  requests from the director regarding a security device described

 

 6  in sections 117, 118, and 119. All examinations of books,

 

 7  records, and accounts required under this subsection shall be

 

 8  made within this state.

 

 9        (17) (13) All applicants for a permit or license must

 

10  complete an application provided by the department and meet the

 

11  minimum requirements of this act or the grade A law of 2001, and

 

12  rules promulgated under this act.

 

13        (18) Any fees, assessments, civil or administrative fines,

 

14  and money from any other source collected by the department under

 

15  this act shall be deposited into the dairy and food safety fund

 

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

 

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

 

18  renewal application for each business day the application is

 

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

 

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

 

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

 

22  refusal to issue or renew a license under this subsection except

 

23  as allowed under the administrative procedures act of 1969, 1969

 

24  PA 306, MCL 24.201 to 24.328. The department may charge a

 

25  convenience fee and collect from the applicants any additional

 

26  costs associated with the method of fee payment for the license

 

27  or permit fees described in this section and section 110a, not to

 

 1  exceed the costs to the department.

 

 2        Sec. 110a. (1) Beginning the effective date of the

 

 3  amendatory act that added this subsection and notwithstanding the

 

 4  license and permit fees imposed under section 110, the The

 

 5  department shall issue an initial or renewal license or permit

 

 6  for regulated activities described in section 110 other than a

 

 7  manufacturing grade dairy farm or a bulk milk hauler/sampler, not

 

 8  later than 90 days after the applicant files a completed

 

 9  application. Receipt of the application is considered the date

 

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

 

11  state of Michigan. If the application is considered incomplete by

 

12  the department, the department shall notify the applicant in

 

13  writing, or make the information electronically available, within

 

14  30 days after receipt of the incomplete application, describing

 

15  the deficiency and requesting the additional information. The 90-

 

16  day period is tolled upon notification by the department of a

 

17  deficiency until the date the requested information is received

 

18  by the department. The determination of the completeness of an

 

19  application does not operate as an approval of the application

 

20  for the license or permit and does not confer eligibility of an

 

21  applicant determined otherwise ineligible for issuance of a

 

22  license or permit.

 

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

 

24  permit within the time required by this section, the department

 

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

 

26  license or permit fee for the applicant's next renewal

 

27  application, if any, by 15%. The failure to issue a license or

 

 1  permit within the time required under this section does not allow

 

 2  the department to otherwise delay the processing of the

 

 3  application, and that application, upon completion, shall be

 

 4  placed in sequence with other completed applications received at

 

 5  that same time. The department shall not discriminate against an

 

 6  applicant in the processing of the application based upon the

 

 7  fact that the license fee was refunded or discounted under this

 

 8  subsection.

 

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

 

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

 

11  appropriations subcommittees of the senate and house of

 

12  representatives concerned with agricultural and food issues. The

 

13  director shall include all of the following information in the

 

14  report concerning the preceding fiscal year:

 

15        (a) The number of initial and renewal applications the

 

16  department received and completed within the 90-day time period

 

17  described in subsection (1).

 

18        (b) The number of applications denied.

 

19        (c) The number of applicants not issued a license or permit

 

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

 

21  licensees and permittees under subsection (2).

 

22        (4) As used in this section, "completed application" means

 

23  an application complete on its face and submitted with any

 

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

 

25  other information, records, approval, security, or similar item

 

26  required by law or rule from a local unit of government, a

 

27  federal agency, or a private entity but not from another

 

 1  department or agency of the state of Michigan. Under appropriate

 

 2  circumstances, completed application includes the completion of

 

 3  construction or renovation of any facility and the passing of a

 

 4  satisfactory inspection.

 

 5        Sec. 111. Frozen desserts manufactured from pasteurized mix

 

 6  in the soft form at retail food establishments licensed pursuant

 

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

 

 8  are exempt from this act. Milk products manufactured at retail

 

 9  food establishments licensed under the food law of 2000 are

 

10  exempt from this act if both of the following conditions are met:

 

11        (a) All ingredients contained in these products comply with

 

12  the requirements of the food law of 2000.

 

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

 

14  to another business entity.

 

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

 

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

 

17  impose an administrative fine under section 125 for failure to

 

18  comply with the requirements of this act or a rule promulgated

 

19  under this act. A license or permit may be revoked or suspended

 

20  according to the administrative procedures act of 1969, 1969 PA

 

21  306, MCL 24.201 to 24.328.

 

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

 

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

 

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

 

25  the formal hearing set under subsection (1).

 

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

 

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

 

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

 

 2  has done 1 or more of the following:

 

 3        (a) Failed to provide supplementary or interim information

 

 4  or information required to be supplied to the department under

 

 5  this act or information requested by the director under this

 

 6  article.

 

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

 

 8  manner required by the director under this article.

 

 9        (c) Knowingly provided false or fraudulent information or

 

10  made a material misrepresentation on an application.

 

11        (d) Knowingly provided false or fraudulent information or

 

12  made a material misrepresentation in response to a request for

 

13  information by the department.

 

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

 

15  section 115.

 

16        (f) In the case of a dairy plant, failed to provide a

 

17  security device described in article 11.

 

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

 

19  products.

 

20        (h) Knowingly possessed, sold, offered for sale, or

 

21  purchased any milk or cream dairy milk product for use in a human

 

22  food product that has been condemned under this act.

 

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

 

24  sample results as established by the department.

 

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

 

26  inspection reports after being given written instructions to

 

27  correct the violations in a reasonable length of time.

 

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

 

 2  issued under this act.

 

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

 

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

 

 5  revoked, or denied shall immediately discontinue operation of the

 

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

 

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

 

 8  revoked is not eligible for reinstatement of the license or

 

 9  permit until the director determines that all violations have

 

10  been corrected.

 

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

 

12  or permit issued under this act upon determining that the

 

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

 

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

 

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

 

16  incorporated with milk or dairy products from normal healthy

 

17  animals.

 

18        (b) Offered for sale or sold milk or dairy products that are

 

19  not pasteurized according to the requirements set forth in

 

20  section 137, except as allowed in section 138, or that are

 

21  suspected of contamination being contaminated with any substance

 

22  considered by the department to be an imminent or substantial

 

23  health hazard.

 

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

 

25  production, transportation, packaging, or storage facilities that

 

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

 

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

 

 1  that precludes the reasonable protection of the milk or dairy

 

 2  products from contamination.

 

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

 

 4  in equipment with a significant portion of the milk contact

 

 5  surfaces covered with an accumulation of residues that were left

 

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

 

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

 

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

 

 9  in a container of unapproved construction.

 

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

 

11  container of unapproved construction.

 

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

 

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

 

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

 

15  udders that precludes the reasonable protection of the milk from

 

16  contamination during the milking process.

 

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

 

18  of inadequate volume to properly agitate after the first milking.

 

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

 

20  with excessive sediment.

 

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

 

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

 

23  inconsistent with 1982 PA 239, MCL 287.651 to 287.683.

 

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

 

25  counts illegal.

 

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

 

27  cell counts illegal.

 

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

 

 2  dairy product cooling temperatures illegal.

 

 3        (o) Failed to provide milk or dairy products free of

 

 4  violative drug residues based on tests approved by the United

 

 5  States food and drug administration.

 

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

 

 7  present an imminent health hazard due to improper or unknown

 

 8  storage temperature.

 

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

 

10  present an imminent health hazard due to improper allergen

 

11  labeling.

 

12        (r) (p) Any other condition that creates an imminent or

 

13  substantial threat to the public health, safety, or welfare.

 

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

 

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

 

16  a minimum of 72 hours to demonstrate compliance and obtain

 

17  reinstatement of the license or permit before scheduling an

 

18  administrative hearing.

 

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

 

20  permittee as required by the administrative procedures act of

 

21  1969, 1969 PA 306, MCL 24.201 to 24.328, and subsequently

 

22  determines that summary suspension of the license or permit is

 

23  necessary to prevent an imminent threat of financial loss to 1 or

 

24  more producers with whom the licensee or permittee does business,

 

25  the director may summarily suspend the license or permit. The

 

26  director shall incorporate the determination in his or her order

 

27  of summary suspension. The summary suspension may be ordered

 

 1  effective on the date specified in the order or the date of

 

 2  service upon the licensee, whichever is later, and is effective

 

 3  during the proceedings unless rescinded or otherwise modified.

 

 4  The department shall promptly commence and determine the

 

 5  proceedings.

 

 6        Sec. 115. (1) A person purchasing milk for resale or

 

 7  manufacture into another product shall pay the producer in a

 

 8  manner and on dates set by the United States department of

 

 9  agriculture milk market administrator or as mutually agreed to by

 

10  the producers, the dairy plant, and the department. The

 

11  department shall revoke or deny a license issued under this act

 

12  for a violation of this subsection.

 

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

 

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

 

15  person issuing the check is noted on the check.

 

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

 

17  a dairy plant that produces manufactured dairy products if the

 

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

 

19  required as a condition to issuance and maintenance of a license.

 

20  As a condition to issuance and maintenance of a license, a dairy

 

21  plant that produces manufactured dairy products shall provide 1

 

22  or more of the security devices described in section 117, 118, or

 

23  119. Milk plants that receive milk only from dairy farms under

 

24  the same sole proprietorship, the same registered partnership, or

 

25  the same corporate ownership having the same registered name as

 

26  the milk plant are exempt from the requirements of this section.

 

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

 

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

 

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

 

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

 

 4  of delivery of dairy products the milk is received at the plant.

 

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

 

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

 

 7  been found positive for violative drug residues on a test

 

 8  performed pursuant to sections 131 and 132 the following

 

 9  sanctions and administrative fines and provide notice and the

 

10  opportunity for an administrative hearing:

 

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

 

12  residue within a 12-month period:

 

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

 

14  subsequent sample of the producer's milk tests negative for

 

15  violative drug residues at an approved laboratory.

 

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

 

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

 

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

 

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

 

20  department shall be provided with written notification of the

 

21  payment. Written notification shall also be provided to the

 

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

 

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

 

24  milk, the producer shall provide written notification to the

 

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

 

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

 

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

 

 1  approved drug residue test, the producer shall pay an

 

 2  administrative fine of $50.00 to the department. The milk buyer

 

 3  may pay the administrative fine, if a like amount has been

 

 4  deducted from the producer's milk check.

 

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

 

 6  residue within a 12-month period:

 

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

 

 8  subsequent sample of the producer's milk tests negative for

 

 9  violative drug residues at an approved laboratory.

 

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

 

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

 

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

 

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

 

14  department shall be provided with written notification of the

 

15  payment. Written notification shall also be provided to the

 

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

 

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

 

18  milk, the producer shall provide written notification to the

 

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

 

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

 

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

 

22  approved drug residue test, the producer shall pay an

 

23  administrative fine of $200.00 to the department. The milk buyer

 

24  may pay the administrative fine, if a like amount has been

 

25  deducted from the producer's milk check.

 

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

 

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

 

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

 

 2  a minimum of 18 months.

 

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

 

 4  treatment records for all lactating or near lactating dairy

 

 5  animals for a minimum of 12 months and must retain records of

 

 6  these treatments for a minimum of 18 months.

 

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

 

 8  violative drug residue within a 12-month period:

 

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

 

10  subsequent sample of the producer's milk tests negative for

 

11  violative drug residues at an approved laboratory.

 

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

 

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

 

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

 

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

 

16  department shall be provided with written notification of the

 

17  payment. Written notification shall also be provided to the

 

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

 

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

 

20  the producer shall provide written notification to the department

 

21  of the date and location of the disposal of the entire

 

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

 

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

 

24  approved drug residue test, the producer shall pay an

 

25  administrative fine of $500.00 to the department. The milk buyer

 

26  may pay the administrative fine, if a like amount has been

 

27  deducted from the producer's milk check.

 

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

 

 2  to exceed 60 days after notice and the opportunity for an

 

 3  administrative hearing before the department.

 

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

 

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

 

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

 

 7  a minimum of 18 months.

 

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

 

 9  treatment records for all lactating or near lactating dairy

 

10  animals for a minimum of 12 months and must retain records of

 

11  these treatments for a minimum of 18 months.

 

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

 

13  acceptable to the director, from the violative producer's milk

 

14  marketing cooperative or purchaser of milk as satisfying the

 

15  penalty requirements and may verify the information.

 

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

 

17  violative drug residue milk on the milk tank truck shall be

 

18  immediately reported to the director, by the party making the

 

19  disposal, on forms provided by and acceptable to the director.

 

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

 

21  violative drug residue and shall discuss drug residue avoidance

 

22  control measures with the violative producer.

 

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

 

24  violative for drug residues is determined by either of the

 

25  following criteria:

 

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

 

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

 

 1  milk becomes subject to possible drug residue penalties at the

 

 2  point the milk tank truck leaves the farm with the milk.

 

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

 

 4  tank truck and commingled with milk from other producers, it

 

 5  becomes subject to possible drug residue penalties at the point

 

 6  of commingling.

 

 7        (6) Section 124 applies to a producer who violates this act

 

 8  by selling or offering for sale milk which tests positive for

 

 9  violative drug residues on a test performed pursuant to sections

 

10  131 and 132 only under the following circumstances:

 

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

 

12  required by subsection (1) in compliance with subsections (8) and

 

13  (9).

 

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

 

15  the preceding 12-month period 3 or more times.

 

16        (7) After notice and an opportunity for an administrative

 

17  hearing pursuant to the administrative procedures act of 1969,

 

18  1969 PA 306, MCL 24.201 to 24.328, the director may revoke or

 

19  suspend a license or permit issued under this act for any

 

20  violation of this act or a rule promulgated under this act.

 

21  Except as otherwise provided for under subsection (1), upon

 

22  finding that a person violated a provision of this act or rule

 

23  promulgated under this act, the director may impose an

 

24  administrative fine of not more than $1,000.00 and the actual

 

25  costs of the investigation of the violation.

 

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

 

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

 

 1  notification of the violation or within 10 days after

 

 2  notification of adverse findings following a hearing or appeal,

 

 3  or both. The administrative fines received by the department

 

 4  under subsection (1) shall be deposited in the general fund and

 

 5  shall be appropriated for the purpose of the training or

 

 6  education of producers in management procedures to avoid drug

 

 7  residue contamination, and administrative fines received pursuant

 

 8  to subsection (7) shall be deposited in the general fund this

 

 9  section shall be deposited into the dairy and food safety fund as

 

10  provided for in section 110(18).

 

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

 

12  administrative fine imposed under this section within 120 days

 

13  without making acceptable arrangements for payment of the fine

 

14  may result in license revocation or permit suspension or court

 

15  action, following notice and the opportunity for an

 

16  administrative hearing.

 

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

 

18  failure of any person to pay an administrative fine imposed under

 

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

 

20  of competent jurisdiction to recover the fine.

 

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

 

22  subject to judicial review as provided by law.

 

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

 

24  administrative fine or initiate court action for minor violations

 

25  of this act whenever the department believes that the public

 

26  interest will be adequately served under the circumstances by a

 

27  suitable written notice or warning.

 

 1        Sec. 130. (1) A person who offers milk to the public for

 

 2  human consumption shall obtain that milk from cows, sheep, or

 

 3  goats dairy animals that are located in areas under federal or

 

 4  state supervision for the eradication of tuberculosis and

 

 5  brucellosis and comply with those requirements for eradication of

 

 6  tuberculosis and brucellosis. Each animal that produces milk for

 

 7  human consumption shall be properly maintained and fed in a

 

 8  manner consistent with department recommendations for the

 

 9  maintenance of animals of that kind. Any dairy animals that are

 

10  officially classified as tuberculosis reactors as defined in the

 

11  animal industry act, 1988 PA 466, MCL 287.701 to 287.745, shall

 

12  be milked last or in separate equipment and the milk from these

 

13  dairy animals shall not be used or sold for human or animal

 

14  consumption.

 

15        (2) A person shall not sell or offer for human consumption

 

16  milk that is known to the person to be any of the following:

 

17        (a) Infected with mastitis or showing signs of being bloody,

 

18  ropy, or clumpy.

 

19        (b) Carrying a violative drug residue in an amount that

 

20  exceeds the maximum permitted under state or federal law.

 

21        (c) Containing a pesticide or other chemical in excess of

 

22  the maximum amount permitted under state or federal law.

 

23        (d) Not normal and fresh in odor or appearance or containing

 

24  excessive coarse sediment when examined organoleptically,

 

25  visually, or by an accepted test procedure.

 

26        (e) Containing excessive sediment as determined by sediment

 

27  test methods provided in standard methods for the examination of

 

 1  dairy products and classified to USDA sediment standards as more

 

 2  than a no. 3.

 

 3        (f) Exceeds legal temperature, bacterial, or somatic cell

 

 4  limits.

 

 5        (3) A person in possession of milk described in subsection

 

 6  (2) shall dispose of that milk in the manner directed by the

 

 7  department.

 

 8        (4) A milking barn or milking parlor shall be all of the

 

 9  following:

 

10        (a) Well-lighted and ventilated.

 

11        (b) Of a size and arrangement adequate to provide for

 

12  sanitary milking operations.

 

13        (c) Constructed with floors and gutters of concrete or other

 

14  impervious material.

 

15        (d) Kept clean, with manure removed daily and stored out of

 

16  reach of the animals that are subject to milking.

 

17        (e) Kept free of swine or fowl at all times.

 

18        (f) Constructed with a dust-tight ceiling.

 

19        (5) The yard and loafing area for dairy animals shall be all

 

20  of the following:

 

21        (a) Of ample size to prevent overcrowding.

 

22        (b) Drained to prevent the formation of standing pools.

 

23        (c) Kept as clean as is practicably possible.

 

24        (6) A person who obtains milk from a dairy animal shall do

 

25  all of the following:

 

26        (a) Ensure that the udders and flanks of the animal are kept

 

27  clean.

 

 1        (b) Wash and wipe the udders and teats of the animal

 

 2  immediately before milking with a clean cloth or paper towel that

 

 3  is treated with an approved sanitizing solution and dried with a

 

 4  clean cloth or paper towel after washing, or use any other method

 

 5  approved by the department.

 

 6        (c) Wear clean outer clothing.

 

 7        (d) Maintain clean and dry hands during milking.

 

 8        (e) Refrain from handling the animal, milk containers,

 

 9  milking utensils, and equipment at any time the person has an

 

10  infected cut or open sore on either of his or her hands or arms.

 

11        (f) Milk last or with separate equipment those animals that

 

12  secrete abnormal milk and exclude that abnormal milk from the

 

13  milk that will be offered for human consumption.

 

14        (g) Maintain and properly store milk stools, surcingles, and

 

15  antikickers.

 

16        (h) Refrain from conducting an activity that raises dust in

 

17  the milking area immediately before or during milking.

 

18        (i) Store feed and concentrates in a tightly covered

 

19  container.

 

20        (j) Except for milk that is delivered to a processing plant

 

21  within 2 hours after the milking, cool and store milk that is

 

22  contained in cans and that will be used exclusively for cheese

 

23  manufacturing at 60 degrees Fahrenheit (16 degrees Celsius) or

 

24  lower at the farm within 2 hours after the milking.

 

25        (k) Cool milk that is stored in a dairy farm bulk tank to 50

 

26  degrees Fahrenheit (10 degrees Celsius) within 4 hours or less of

 

27  the commencement of the first milking, and to 45 degrees

 

 1  Fahrenheit (7 degrees Celsius) or less within 2 hours after

 

 2  milking, provided that the blend temperature after the first

 

 3  milking and subsequent milkings does not exceed 50 degrees

 

 4  Fahrenheit (10 degrees Celsius).

 

 5        (7) A milkhouse or milkroom shall be all of the following:

 

 6        (a) Well-lighted and ventilated. Lighting in the milkhouse

 

 7  shall be adequate for milkhouse operations. A minimum of 1 light

 

 8  for the wash vat and a light for each bulk tank opening shall be

 

 9  provided. Nonelectric farms shall have the minimum of 1 battery-

 

10  operated light for each bulk tank opening. Lights shall not be

 

11  positioned directly over bulk tank openings. Fuels used for

 

12  milkhouse operations shall not cause odors that may impart off-

 

13  flavors to the milk.

 

14        (b) Located in convenient proximity to a milking barn or

 

15  milking parlor.

 

16        (c) Constructed in accordance with applicable building

 

17  codes, with each of the following:

 

18        (i) A floor of concrete or other impervious material, graded

 

19  to provide appropriate drainage.

 

20        (ii) Walls and ceiling of a smooth, readily cleanable

 

21  material.

 

22        (iii) A platform or slab constructed of concrete or other

 

23  impervious material at the exterior of the milkhouse or milkroom,

 

24  centered beneath a suitable opening, fitted with a tight, self-

 

25  closing door, located on the exterior wall for milkhouse or

 

26  milkroom connections to bulk milk tanks. The platform or slab

 

27  shall be a minimum of 4 feet by 4 feet to provide sufficient room

 

 1  and clean surface for the milk hauler to stand and handle the

 

 2  milk transfer hose.

 

 3        (iv) A truck approach to the milkhouse or milkroom, properly

 

 4  graded and surfaced to prevent mud or pooling of water at the

 

 5  milk loading point.

 

 6        (d) Equipped with a wash and rinse vat, utensil rack, and

 

 7  milk cooling facilities, for the handling and cooling of milk,

 

 8  and for the washing, handling, and storage of milking utensils

 

 9  and equipment.

 

10        (e) Free of any product that the department determines is

 

11  likely to contaminate milk or create a public health hazard.

 

12        (f) Equipped with a supply of hot water adequate for

 

13  cleaning milk utensils and equipment.

 

14        (g) Designed without a direct opening, and with a solid,

 

15  tight-fitting, self-closing door, at any entrance to a barn,

 

16  stable, or milking parlor.

 

17        (h) Designed with screens at all outside openings, unless

 

18  another means is provided to prevent the entrance of insects or

 

19  rodents into the milkhouse or milkroom. Screen doors shall be

 

20  tight-fitting and self-closing and open outward. Toilet

 

21  facilities located adjacent to the milkhouse or milking

 

22  facilities shall have self-closing doors and all outside openings

 

23  shall be screened.

 

24        (i) Plans for new facilities, remodeled facilities, or new

 

25  equipment installations must be submitted to the department for

 

26  prior approval.

 

27        (8) A dairy farm bulk tank shall be located in a milkhouse

 

 1  or milkroom in a manner that allows access to all areas of the

 

 2  tank for cleaning and servicing. A dairy farm bulk tank shall not

 

 3  be placed over a floor drain or under a ventilator or unprotected

 

 4  light fixture. A dairy farm shall ensure that each new farm bulk

 

 5  tank meets sanitary standards and is installed in accordance with

 

 6  department specifications.

 

 7        (9) The owner or operator of a milkhouse or milkroom shall

 

 8  ensure all of the following:

 

 9        (a) That the milkhouse or milkroom is clean and free of

 

10  contaminants, animals, and fowl.

 

11        (b) That an unapproved pesticide is not stored in the

 

12  milkhouse or milkroom.

 

13        (c) That any pesticide used in or near the milkhouse or

 

14  milkroom is used in accordance with label instructions to prevent

 

15  the contamination of milk or equipment.

 

16        (d) That each utensil, milk can, milking machine, pipeline

 

17  system associated with a milking machine, and other equipment

 

18  used in the handling of milk is maintained in good condition,

 

19  free from rust, open seams, milkstone, and any unsanitary

 

20  condition.

 

21        (e) That each utensil and item of equipment used in the

 

22  handling of milk is of a smooth, noncorrosive material, washed,

 

23  rinsed, and drained after each milking, stored in an appropriate

 

24  manner, and sanitized immediately before use, by using dairy

 

25  cleaners, detergents, sanitizing agents, or other similar

 

26  materials labeled for dairy or food service use that will not

 

27  contaminate or adversely affect the milk.

 

 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 (11).

 

 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.

 

 1        (b) A farm tank shall have an accurate indicating

 

 2  thermometer stored in the milkhouse which may be either an

 

 3  integral 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

 

 8  measuring devices must be in compliance with the weights and

 

 9  measures 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

 

14  recalibration must be in compliance with the weights and measures

 

15  act, of 1964, 1964 PA 283, MCL 290.601 to 290.634. A person shall

 

16  not adjust, alter, or change a conversion chart unless the

 

17  change, alteration, or adjustment is made strictly according to

 

18  the 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 top,

 

23  the tank shall be calibrated to an additional height, which still

 

24  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

 

27  cooling and storage facilities may be used when approved in

 

 1  writing by the director on a case-by-case basis.

 

 2        (h) Milk production shall be of sufficient quantity so that

 

 3  it can be properly agitated not later than at the completion of

 

 4  the first milking into the farm tank.

 

 5        (i) Facilities for effectively sanitizing farm tanks shall

 

 6  be provided by the producer.

 

 7        Sec. 131. (1) The department shall issue a license or permit

 

 8  to haul cans of milk to the owner or operator of a truck or

 

 9  vehicle used for hire to transport milk in cans from the farm to

 

10  the dairy plant.

 

11        (2) The owner of all trucks used to transport milk in cans

 

12  shall ensure that vehicles used comply with each of the

 

13  following:

 

14        (a) Each vehicle is enclosed, constructed, and operated to

 

15  protect the product from extreme temperature, dust, or other

 

16  adverse conditions and is kept clean.

 

17        (b) If more than 1 tier of cans is carried, the vehicle

 

18  contains decking boards or racks.

 

19        (c) Each vehicle contains cans that are used solely for the

 

20  transportation of milk from the farm to the plant and for no

 

21  other purpose.

 

22        (3) A licensed bulk milk hauler/sampler shall collect

 

23  samples of milk from each load of milk he or she receives for

 

24  transport pursuant to the grade A milk law of 2001. A milk tank

 

25  truck driver engaged in direct farm pickup has direct

 

26  responsibility for accompanying official samples.

 

27        (4) A licensed bulk milk hauler/sampler or milk

 

 1  transportation company shall do each of the following:

 

 2        (a) Ensure that the exterior shell of each bulk milk pickup

 

 3  tanker is clean and free from open seams or cracks.

 

 4        (b) Ensure that the interior shell of each bulk milk pickup

 

 5  tanker is stainless steel and constructed to prevent buckling,

 

 6  sagging, or incomplete drainage.

 

 7        (c) Ensure that all product contact surfaces are smooth,

 

 8  easily cleaned, and maintained in good repair.

 

 9        (d) Fully enclose the pump and hose cabinet with tight-

 

10  fitting doors and provide inlet and outlet dust covers to give

 

11  adequate protection from road dust.

 

12        (e) Ensure that each new and replacement bulk milk pickup

 

13  tanker complies with sanitary standards. Each licensed or

 

14  permitted milk tank truck shall be used solely for the

 

15  transportation of milk or dairy products or for other food or

 

16  potable commodities approved by the department.

 

17        (f) Deliver producer samples collected pursuant to this

 

18  section to the dairy plant or receiving station as specified by

 

19  the department.

 

20        (g) License or permit the milk tank truck pursuant to the

 

21  grade A milk law of 2001.

 

22        (h) Ensure that milk over 96 hours old is not picked up from

 

23  a dairy farm, with the exception of goat milk, which may be

 

24  stored for 7 days, and sheep milk, which may be frozen for

 

25  extended storage and transportation.

 

26        (5) The dairy plant, transfer station, or receiving station,

 

27  or a laboratory selected by the dairy plant, transfer station, or

 

 1  receiving station that is approved by the department, shall test

 

 2  each producer's milk for each of the following, in accordance

 

 3  with standard methods for the examination of dairy products,

 

 4  referenced in 7 C.F.R. CFR part 58, adopted by reference, at

 

 5  least 4 out of every 6 months and report the following results to

 

 6  the department:

 

 7        (a) The presence of bacteria by standard plate count or

 

 8  plate-loop count.

 

 9        (b) The presence of a violative beta lactam drug residue

 

10  using any test approved by the department or the food and drug

 

11  administration for that purpose.

 

12        (c) The presence of somatic cells using either a direct

 

13  microscopic somatic cell count test or an electronic somatic cell

 

14  count test.

 

15        (d) Temperature at time of bulk hauler pickup on the farm or

 

16  temperature of milk in cans when delivered to the dairy plant,

 

17  transfer station, or receiving station.

 

18        (e) Sediment as described in section 132(8)(e).

 

19        Sec. 136. (1) Only pasteurized milk and dairy products shall

 

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

 

21  consumer or to restaurants, grocery stores, or similar

 

22  establishments except as specified in section 138.

 

23        (2) Milk and dairy products may be aseptically processed as

 

24  low-acid foods provided they comply with the following

 

25  requirements:

 

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

 

27  packaged in hermetically sealed containers are processed in a

 

 1  milk processing facility licensed under this act, the grade A

 

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

 

 3        (b) All processors of acidified milk and milk products

 

 4  packaged in hermetically sealed containers comply with the

 

 5  regulations of the United States food and drug administration in

 

 6  21 CFR part 108, 21 CFR part 110, and 21 CFR part 114.

 

 7        (c) All thermally processed milk and milk products that are

 

 8  packaged in hermetically sealed containers comply with the

 

 9  regulations of the United States food and drug administration in

 

10  21 CFR part 108, 21 CFR part 110, and 21 CFR part 113.

 

11        (d) Hermetically sealed packages are handled to maintain

 

12  product and container integrity.

 

13        Sec. 137. The terms "pasteurization", "pasteurized", and

 

14  similar terms mean the process of heating every particle of milk

 

15  or dairy products to at least the temperature and time

 

16  relationships given in this section as follows or by any

 

17  equivalent process approved by the federal food and drug

 

18  administration and accepted by the department for that purpose:

 

 

19

            Pasteurization Temperature and Time Standards

20

Whole milk; skim milk;                 145˚F  (63˚C)    30 min

21

cheese milk; whey;                     161˚F  (72˚C)    15 sec

22

other products with less               191˚F  (89˚C)    1.0 sec

23

than 10% butterfat or without          194˚F (90˚C)     0.5 sec

24

added sweeteners                       201˚F  (94˚C)    0.1 sec

25

                                       204˚F  (96˚C)    0.05 sec

26

                                       212˚F  (100˚C)   0.01 sec

27

________________________________________________________________

28

Cream; condensed products;             150˚F  (66˚C)    30 min

1

other products with 10% or             166˚F  (75˚C)    15 sec

2

more butterfat or with                 196˚F  (92˚C)    1.0 sec

3

added sweeteners                       199˚F  (93˚C)    0.5 sec

4

                                       206˚F  (97˚C)    0.1 sec

5

                                       209˚F  (99˚C)    0.05 sec

6

                                       217˚F  (103˚C)   0.01 sec

7

________________________________________________________________

8

Eggnog; frozen dessert mix             155˚F  (69˚C)    30 min

9

                                       175˚F  (80˚C)    25 sec

10

                                       180˚F  (83˚C)    15 sec

11

________________________________________________________________

12

Cream for butter making                165˚F  (74˚C)    30 min

13

                                       185˚F  (85˚C)    15 sec

14

________________________________________________________________

15

Milk or cream for plastic or           170˚F  (77˚C)    30 min

16

frozen cream                           190˚F  (88˚C)    15 sec

17

________________________________________________________________

18

Ultra-pasteurized products             280˚F  (138˚C)   2 sec

 

 

 

19

Minimum Vat Pasteurization Temperature and Time Standards

 

20

Whole milk; skim milk; cheese milk;

 

 

21

whey; other products with less than 10%

 

 

22

butterfat or without added sweeteners

145˚F (63˚C)

30 min

23

   

    

   

24

Cream; condensed products; other

 

 

25

products with 10% or more butterfat

 

 

26

or with added sweeteners

150˚F (66˚C)

30 min

27

   

   

   

28

Eggnog; frozen dessert mix

155˚F (69˚C)

30 min

29

   

   

   


1

Cream for butter making

165˚F (74˚C)

30 min

2

   

   

   

3

Milk or cream for plastic or

 

 

4

frozen cream

170˚F (77˚C)

30 min

5

   

   

   

 

 

 

6

Minimum High Temperature Short Time (HTST),

7

Higher Heat Short Time (HHST) and

8

Aseptic Pasteurization Temperature and Time Standards

 

9

 

161˚F (72˚C)

15 sec

10

 

191˚F (89˚C)

1.0 sec

11

Whole milk; skim milk; cheese milk;

194˚F (90˚C)

0.5 sec

12

whey; other products with less than 10%

201˚F (94˚C)

0.1 sec

13

butterfat or without added sweeteners

204˚F (96˚C)

0.05 sec

14

 

212˚F (100˚C)

0.01 sec

15

   

   

   

16

 

166˚F (75˚C)

15 sec

17

 

196˚F (92˚C)

1.0 sec

18

Cream; condensed products; other

199˚F (93˚C)

0.5 sec

19

products with 10% or more butterfat

206˚F (97˚C)

0.1 sec

20

or with added sweeteners

209˚F (99˚C)

0.05 sec

21

 

217˚F (103˚C)

0.01 sec

22

   

   

   

23

Eggnog; frozen dessert mix

175˚F (80˚C)

25 sec

24

 

180˚F (83˚C)

15 sec

25

   

   

   

26

Cream for butter making

185˚F (85˚C)

15 sec

27

   

   

   

28

Milk or cream for plastic or

 

 

29

frozen cream

190˚F (88˚C)

15 sec

1

   

   

   

2

Ultra-pasteurized products

280˚F (138˚C)

2 sec

3

   

   

   

 

 

 4        Sec. 139. (1) Except as provided in section 138, all milk

 

 5  and dairy products shall be pasteurized before entrance of the

 

 6  milk and dairy products into any of the following:

 

 7        (a) The evaporator or condensing equipment.

 

 8        (b) The cheese-making process.

 

 9        (c) The cheese culture making process.

 

10        (d) The frozen dessert mix freezing.

 

11        (e) The cultured product culturing.

 

12        (2) All dairy by-products from dairy plants used for feeding

 

13  purposes for farm animals shall be pasteurized or be derived from

 

14  pasteurized products when specified by the director.

 

15        (3) All milk and dairy products shall be pasteurized at the

 

16  plant at which they are processed or dried, except for

 

17  crystalized condensed whey and other high solids/low water

 

18  activity products such as sweetened condensed milk, which shall

 

19  be transported in tankers or containers dedicated to transporting

 

20  pasteurized products. This subsection shall not be construed as

 

21  banning the transportation in nondedicated tankers of pasteurized

 

22  milk or dairy products to another processing or drying plant for

 

23  repasteurization and processing or drying.

 

24        (4) All pasteurized milk and dairy products, except those to

 

25  be cultured and those to receive immediate additional heat

 

26  treatment in subsequent processes of manufacturing, shall be

 

27  cooled immediately in approved equipment to temperature criteria


 

 1  specified in section 70 or maintained at or above 145 degrees

 

 2  Fahrenheit (63 degrees Celsius).

 

 3        (5) All pasteurization equipment shall comply with sanitary

 

 4  standards and shall be tested by the department every 3 months

 

 5  for proper construction and operation.

 

 6        (6) The airspace temperature in a vat pasteurizer shall be

 

 7  maintained at least 5°F (2.8°C) above the minimum pasteurization

 

 8  temperature for the product being pasteurized during the entire

 

 9  30-minute vat pasteurization cycle.

 

10        (7) All milk and milk products (i.e., milk solids, whey,

 

11  nonfat dry milk, condensed milk, cream, skim milk, etc.), eggs,

 

12  egg products, cocoa, cocoa products, emulsifiers, stabilizers,

 

13  vitamins, and liquid sweeteners shall be added prior to

 

14  pasteurization. All such additions shall be made in a sanitary

 

15  manner, which prevents the contamination of the added ingredient

 

16  or the milk or milk product. Ingredients that may be added after

 

17  pasteurization are those flavoring ingredients and other

 

18  ingredients that have been found to be safe and suitable and

 

19  include:

 

20        (a) Ingredients permitted by the CFR standards of identity

 

21  when considering a standardized milk or milk product.

 

22        (b) Fresh fruits and vegetables added to cultured milk and

 

23  milk products provided the resultant equilibrium pH level (4.6 or

 

24  below when measured at 24°C (75°F)) of the finished product is

 

25  reached without undue delay and is maintained during the shelf

 

26  life of the product.

 

27        (c) Ingredients subjected to prior heating or other


 

 1  technology that has been demonstrated to the United States food

 

 2  and drug administration to be sufficient to destroy or remove

 

 3  pathogenic microorganisms.

 

 4        (d) Ingredients having a water activity (Aw) of 0.85 or

 

 5  less.

 

 6        (e) Ingredients having a high acid content (pH level of 4.6

 

 7  or below when measured at 24°C (75°F)) or high alkalinity (pH

 

 8  level greater than 11 when measured at 24°C (75°F)).

 

 9        (f) Roasted nuts.

 

10        (g) Dry sugars and salts.

 

11        (h) Flavor extracts having a high alcohol content.

 

12        (i) Safe and suitable bacterial cultures and enzymes.

 

13        (j) Ingredients that have been found to be safe and suitable

 

14  by the United States food and drug administration.

 

15        (8) All milk and milk products shall be pasteurized, prior

 

16  to the entrance into RO, UF, evaporator, or condensing equipment,

 

17  and shall be performed in the milk plant where the processing is

 

18  done, except that the following apply:

 

19        (a) If the product is whey, pasteurization is not required

 

20  if the product is acid whey (pH less than 4.7) or if it is

 

21  processed in RO or UF equipment at temperatures at or below 7°C

 

22  (45°F).

 

23        (b) If the product is raw milk for pasteurization, the

 

24  product may be concentrated by the use of RO or UF membrane

 

25  filtration without pasteurization, prior to entrance into the

 

26  equipment, provided that the following sampling, testing, design,

 

27  installation, and operational criteria are met:

 

 1        (i) Prior to processing, all raw milk supplies are sampled

 

 2  and tested for antibiotic residues in accordance with the

 

 3  provisions of this law.

 

 4        (ii) The RO or UF filtration system is designed and operated

 

 5  to assure that milk or milk product temperature is maintained at

 

 6  or below 7°C (45°F) throughout the process, provided that the

 

 7  product temperature may rise above 7°C (45°F) for a period of not

 

 8  more that 15 minutes, further provided that should the product

 

 9  temperature rise above 10°C (50°F), the product shall be

 

10  immediately diverted until the product is again below 7°C (45°F).

 

11  Diverted product shall be discarded, immediately cooled to below

 

12  7°C (45°F), or immediately pasteurized.

 

13        (iii) The RO or UF system must be equipped with temperature

 

14  monitoring and recording devices that comply with the applicable

 

15  specifications outlined in the grade A milk law of 2001. At a

 

16  minimum, milk or milk product temperature shall be monitored and

 

17  recorded prior to entering the system, prior to entering each

 

18  stage of the modules in series that contain cooling, and the

 

19  retentate stream prior to any final cooler and upon exiting the

 

20  system.

 

21        (iv) If the RO or UF system is not designed, installed, and

 

22  operated in accordance with the above noted criteria, the raw

 

23  milk or milk product must be pasteurized prior to entering the RO

 

24  or UF system.

 

25        (9) All condensed milk and milk products transported to a

 

26  milk plant for drying shall be repasteurized at the milk plant

 

27  where they are dried.

 

 1        (10) If condensed whey containing at least 40% total solids

 

 2  has been partially crystallized by cooling, it may be transported

 

 3  to a separate milk plant for drying without repasteurization,

 

 4  provided that the following conditions are complied with:

 

 5        (a) The condensed, partially crystallized whey is cooled and

 

 6  maintained at 7°C (45°F) or less.

 

 7        (b) Milk tank trucks used to transport the condensed,

 

 8  partially crystallized whey are washed and sanitized immediately

 

 9  prior to filling and are sealed after filling until unloading.

 

10        (c) Separate unloading pumps and pipelines are provided and

 

11  used only for the unloading of the condensed, partially

 

12  crystallized whey. Such pumps and pipelines shall be cleaned and

 

13  sanitized as a separate cleaning circuit.

 

14        (11) The design and operation of pasteurization equipment

 

15  and all appurtenances thereto shall comply with the applicable

 

16  standards, specifications, and operational procedures of this

 

17  act.

 

18        Sec. 140. A person who owns or operates a plant receiving

 

19  milk for manufacturing into a dairy product shall do each of the

 

20  following:

 

21        (a) Maintain premises in a clean and orderly condition.

 

22        (b) Prevent the emission of an odor, smoke, or pollutant

 

23  within the plant that may adulterate or negatively impact the

 

24  quality of the milk or dairy products, as determined by the

 

25  department.

 

26        (c) Construct plant driveways and adjacent vehicular traffic

 

27  areas using concrete, asphalt, or other material approved by the


 

 1  department for minimizing dust and mud and maintain those sites

 

 2  in good repair.

 

 3        (d) Construct a drainage system that provides for rapid,

 

 4  nonhazardous water drainage from the plant, driveways, adjacent

 

 5  traffic areas, and surface water sites located on plant property,

 

 6  in a manner that prevents the development of a nuisance.

 

 7        (e) Ensure that each plant structure is of sound

 

 8  construction and kept in good repair to prevent the entering or

 

 9  harboring of rodents, birds, insects, vermin, dogs, and cats.

 

10        (f) Ensure that all exterior wall openings for pipes are

 

11  effectively sealed around the pipes or fitted with tight metal

 

12  collars.

 

13        (g) Ensure that all openings to the outdoors, including

 

14  doors, windows, skylights, and transoms, are effectively

 

15  maintained and protected or screened against the entrance of

 

16  insects, rodents, birds, dust, and dirt. On new construction,

 

17  window sills should be slanted downward at a 45-degree angle.

 

18        (h) Ensure that all exterior doors fit properly and that all

 

19  hinged, exterior screen doors open outward.

 

20        (i) Ensure that all conveyor and other exterior openings are

 

21  effectively maintained and protected by the use of doors,

 

22  screens, flaps, fans, or tunnels to prevent the entrance of

 

23  insects, rodents, birds, dust, and dirt.

 

24        (j) Ensure that outside openings for sanitary pipelines are

 

25  covered when not in use.

 

26        (k) Ensure that wall, ceiling, partition, and post surfaces

 

27  of each room in which a milk or dairy product is stored, or in


 

 1  which a dairy utensil is washed or stored, are smoothly finished

 

 2  in a light colored material impervious to moisture.

 

 3        (l) Refinish a surface described in subdivision (k) as

 

 4  frequently as necessary to maintain a smooth finish.

 

 5        (m) Ensure that the floor of each room in which a milk or

 

 6  dairy product is processed, manufactured, packaged, handled or

 

 7  stored, or in which a dairy utensil is washed or stored, is each

 

 8  of the following:

 

 9        (i) Except as provided in subdivision (n), constructed of an

 

10  impervious material approved by the department.

 

11        (ii) Maintained in good repair.

 

12        (iii) Graded to prevent the forming of standing water or milk.

 

13        (iv) Equipped with drains containing properly constructed and

 

14  maintained traps and designed to prevent sewage backup into drain

 

15  lines and the floor of the plant.

 

16        (n) Store new containers, supplies, and certain packaged

 

17  products in a room or rooms with floors described in subdivision

 

18  (m) or, upon department approval, in a room or rooms with a

 

19  clean, smooth wood floor.

 

20        (o) Equip the plant with adequate and well-distributed

 

21  lighting of at least 50 foot-candles where dairy products are

 

22  graded or examined for condition and quality such as a can milk

 

23  receiving room dumping area; 20 foot-candles at working surfaces

 

24  in rooms for manufacturing, processing, or packaging of dairy

 

25  products or for washing of equipment and utensils; 5 foot-candles

 

26  in all other rooms, including storage rooms and coolers; or as

 

27  specified by the director. Light intensity shall be measured at a


 

 1  distance of 30 inches from the floor with the use of a light

 

 2  meter.

 

 3        (p) Protect from potential broken glass contamination all

 

 4  milk, dairy products, or dairy product ingredients located

 

 5  beneath a suspended lightbulb, fixture, window, or other glass.

 

 6        (q) Ensure that each room and compartment has adequate

 

 7  heating, air-conditioning, and ventilation to maintain sanitary

 

 8  conditions and provide exhaust or inlet fans, vents, hoods, and

 

 9  temperature and humidity control facilities as needed to minimize

 

10  or eliminate undesirable room temperatures, odors, moisture,

 

11  condensation, or mold.

 

12        (r) Install adequate air filtering devices on air inlet fans

 

13  to prevent the entrance of dirt and dust and ensure that each

 

14  exhaust outlet is screened or provided with self-closing louvers

 

15  to prevent the entrance of insects when not in use.

 

16        (s) Clean and maintain in good repair each ventilation

 

17  system.

 

18        (t) Ensure that each room and compartment in which a raw

 

19  dairy material, packaging material, ingredient supplies, or dairy

 

20  product is manufactured, handled, packaged, or stored is

 

21  designed, constructed, and maintained to assure a stable and

 

22  appropriate temperature and clean operating conditions.

 

23        (u) Separate a processing room from a bulk milk receiving

 

24  room by walls or partitions and a solid, tight-fitting, self-

 

25  closing door.

 

26        (v) Keep processing rooms free from equipment not regularly

 

27  used.

 

 1        (w) Maintain coolers and freezers containing milk or dairy

 

 2  products as follows:

 

 3        (i) At temperature and humidity levels that protect cooler or

 

 4  freezer contents and minimize mold growth on or within the cooler

 

 5  or freezer.

 

 6        (ii) In a condition that protects cooler or freezer contents

 

 7  from rodents, insects, and vermin.

 

 8        (iii) With shelves that are clean and dry.

 

 9        (iv) With equipment for the collection and disposal of

 

10  condensate.

 

11        (x) Maintain a supply room used for the storing of packaging

 

12  materials and miscellaneous ingredients in a clean, dry

 

13  condition, free from insects, rodents, and mold, and maintained

 

14  in good repair.

 

15        (y) Protect items stored in a supply room from dust, dirt,

 

16  or other extraneous matter and arrange those items on racks,

 

17  shelves, or pallets to permit cleaning and inspection of the room

 

18  and access to the items.

 

19        (z) Label, segregate, and store insecticides, rodenticides,

 

20  cleaning compounds, and other nonfood products in a separate

 

21  supply room or cabinet away from milk, dairy products,

 

22  ingredients, or packaging supplies.

 

23        (aa) Separate a boiler room and a shop room from other rooms

 

24  where milk and dairy products are processed, packaged, handled,

 

25  or stored and keep a boiler room and a shop room orderly and

 

26  reasonably clean.

 

27        (bb) Maintain conveniently located and adequate toilet


 

 1  facilities in the processing plant that comply with the

 

 2  following:

 

 3        (i) Are not open directly into any room in which milk or

 

 4  dairy products are processed, packaged, or stored.

 

 5        (ii) Have doors that are self-closing and ventilation

 

 6  provided by mechanical means or screened openings to the outside

 

 7  air.

 

 8        (iii) Have fixtures that are kept clean and in good repair.

 

 9        (cc) Furnish each employee with a locker or other suitable

 

10  facility that is kept clean and orderly.

 

11        (dd) Conspicuously post signs in each toilet and locker room

 

12  directing employees to wash their hands before returning to work.

 

13        (ee) Maintain and adequately equip a laboratory consistent

 

14  with the size and type of plant and the volume of dairy products

 

15  manufactured and staff that laboratory with personnel qualified

 

16  and trained for quality control and analytical testing.

 

17        (ff) Maintain a central laboratory serving more than 1 plant

 

18  only if that laboratory is approved by the department and is

 

19  conveniently located to the dairy plants.

 

20        (gg) Provide adequate sanitary starter facilities for the

 

21  handling of starter cultures.

 

22        (hh) Provide an adequate supply of both hot and cold water

 

23  of safe and sanitary quality, protected against contamination and

 

24  pollution, with adequate facilities for proper distribution of

 

25  water throughout the plant. Upon department approval, water from

 

26  other facilities may be used for boiler feed water and condenser

 

27  water if water lines are completely separated from the plant


 

 1  water supply and the equipment constructed and controlled to

 

 2  preclude contamination of product contact surfaces.

 

 3        (ii) Prevent any cross-connection between safe water supply

 

 4  and either an unsafe or questionable water supply or another

 

 5  source through which contamination of the safe water supply is

 

 6  possible.

 

 7        (jj) Make an examination of the sanitary water supply and

 

 8  recirculated product cooling mediums at least every 6 months or

 

 9  as often as necessary to determine purity and suitability for use

 

10  in manufacturing dairy product systems. Such tests shall be made

 

11  and approved by the department except for supplies that are

 

12  regularly tested for purity and bacteriological quality. The most

 

13  recent results of all water and cooling medium tests shall be

 

14  kept on file at the plant for which the test was performed.

 

15        (kk) Ensure that the location, construction, and operation

 

16  of a well complies with the safe drinking water act, 1976 PA 399,

 

17  MCL 325.1001 to 325.1023.

 

18        (ll) Provide conveniently located drinking water facilities

 

19  of a sanitary type in the plant.

 

20        (mm) Provide convenient hand-washing facilities, including

 

21  hot and cold running water, soap or other detergents, sanitary

 

22  single-service towels or air dryers, and covered trash containers

 

23  for used towels or other wastes and locate those facilities in or

 

24  adjacent to toilet and dressing rooms and convenient to the areas

 

25  where milk and dairy products are handled, processed, or stored

 

26  or where equipment is cleaned, sanitized, and stored.

 

27        (nn) Prohibit hand-washing in vats used for the cleaning of


 

 1  equipment or utensils.

 

 2        (oo) Supply steam in sufficient volume and pressure for

 

 3  satisfactory operation of each applicable piece of equipment and

 

 4  ensure each of the following:

 

 5        (i) That culinary steam used in direct contact with milk or

 

 6  dairy products complies with sanitary standards and is free from

 

 7  harmful substances or extraneous material.

 

 8        (ii) That only nontoxic boiler compounds are used.

 

 9        (iii) That steam traps, strainers, and condensate traps are

 

10  used as necessary to ensure a safe steam supply.

 

11        (pp) Ensure that air under pressure that comes in contact

 

12  with milk or dairy products or any product contact surface

 

13  complies with sanitary standards and ensure that the air under

 

14  pressure at the point of application is free from volatile

 

15  substances, which may impart any flavor or odor to the products,

 

16  and extraneous or harmful substances.

 

17        (qq) Properly dispose of wastes from the plant and premises

 

18  and ensure that the plant sewer system has sufficient capacity to

 

19  readily remove all wastes from the various processing and plant

 

20  operations so as not to contaminate products or equipment or

 

21  create a nuisance or public health hazard.

 

22        (rr) Ensure that containers used for the collection and

 

23  holding of wastes are constructed of metal, plastic, or other

 

24  equally impervious material and kept covered with tight-fitting

 

25  lids and ensure that solid wastes are disposed of regularly and

 

26  the containers and surroundings kept reasonably clean.

 

27        (ss) In accordance with department policy, periodically


 

 1  inspect and analyze dairy products being processed at the plant

 

 2  during each process.

 

 3        (tt) Submit detailed plans to the department for approval

 

 4  before commencing new construction, remodeling, and process or

 

 5  equipment changes. Plans for new construction or remodeling shall

 

 6  include a plan that provides for operational or physical

 

 7  isolation of the milk plant from sources of potential product

 

 8  contamination caused by animal production facilities located in

 

 9  close proximity to the milk plant. Retail or public viewing areas

 

10  shall be separated from processing areas by a solid floor-to-

 

11  ceiling partition, except that other equally effective means of

 

12  protection may be used, as approved by the director.

 

13        (uu) Provide adequate electrical power for on-demand support

 

14  of lighting, cooling, heating, agitation, and ventilation

 

15  systems.

 

16        Sec. 142. A person employed by a dairy plant shall comply

 

17  with all of the following, if applicable:

 

18        (a) Wash his or her hands before beginning work and upon

 

19  returning to work after using toilet facilities, eating, smoking,

 

20  or otherwise soiling his or her hands.

 

21        (b) Keep his or her hands clean and follow good hygienic

 

22  practices while on duty.

 

23        (c) Refrain from using tobacco in any form in each room and

 

24  compartment where any milk, dairy product, or other supplies are

 

25  prepared, stored, or otherwise handled.

 

26        (d) Wear clean, white, or light-colored washable outer

 

27  garments or apron and a cap or hairnet while engaged in


 

 1  receiving, testing, processing milk or dairy products, packaging,

 

 2  or handling dairy products.

 

 3        (e) If afflicted with a communicable disease, not enter any

 

 4  room or compartment where milk and dairy products are prepared,

 

 5  manufactured, or otherwise handled.

 

 6        (f) If he or she has a discharging or infected wound, sore,

 

 7  or lesion on hands, arms, or other exposed portion of the body,

 

 8  not work in any dairy processing rooms or in any capacity

 

 9  resulting in contact with the processing or handling of dairy

 

10  products.

 

11        (g) Each employee whose work brings him or her in contact

 

12  with the processing or handling of dairy products, containers, or

 

13  equipment shall comply with requirements for employee health as

 

14  specified under sections 2-201.11 to 2-201.15 of the food code

 

15  adopted under the food law of 2000. , 2000 PA 92, MCL 289.1101 to

 

16  289.8111.

 

17        Sec. 143. (1) A person who owns or operates a dairy plant

 

18  shall do all of the following:

 

19        (a) Make available enclosed or covered facilities for

 

20  washing and sanitizing of milk trucks, piping, and accessories at

 

21  central locations or at sites that receive or ship milk or dairy

 

22  products in milk transport tanks.

 

23        (b) Transfer milk under sanitary conditions from milk tank

 

24  trucks through stainless steel piping or approved tubing and cap

 

25  the sanitary piping and tubing when not in use.

 

26        (c) Hold and process milk under conditions and at

 

27  temperatures that will avoid contamination and rapid


 

 1  deterioration.

 

 2        (d) Refrain from using drip milk from can washers or any

 

 3  other source for the manufacture of dairy products.

 

 4        (e) Maintain milk in bulk storage tanks within the dairy

 

 5  plant in a manner that minimizes bacterial increase and, except

 

 6  when authorized by the department, maintain that milk at 45

 

 7  degrees Fahrenheit (7 degrees Celsius) or lower until processing

 

 8  begins.

 

 9        (f) Ensure that the bacteriological content of commingled

 

10  raw milk in storage tanks is 1,000,000 or less total bacteria per

 

11  milliliter (300,000 per milliliter or less total bacteria in raw

 

12  milk for frozen desserts).

 

13        (g) Ensure the proper pasteurization of each particle of

 

14  milk or dairy product.

 

15        (h) Test samples of milk or a dairy product for phosphatase

 

16  by the method prescribed by the department.

 

17        (i) Take all necessary precautions to prevent contamination

 

18  or adulteration of the milk or dairy products during

 

19  manufacturing.

 

20        (j) Make available for department inspection all substances

 

21  and ingredients used in the processing or manufacturing of any

 

22  dairy product and ensure that those substances and ingredients

 

23  are wholesome and practically free from impurities.

 

24        (k) Ensure that milk or dairy products comply with the

 

25  standards in section 70, of the federal act, and standards listed

 

26  for the milk products in title 21 of the code of federal

 

27  regulations, if applicable.

 

 1        (l) Maintain the equipment, sanitary piping, and utensils

 

 2  used in receiving and processing of the milk and maintain

 

 3  manufacturing and handling of the product in a sanitary

 

 4  condition.

 

 5        (m) Ensure that sanitary seal assemblies are kept clean and

 

 6  are removable on all agitators, pumps, and vats and inspect those

 

 7  assemblies at regular intervals.

 

 8        (n) Except as otherwise provided in this act, dismantle all

 

 9  equipment after each day's use, except for that designed for CIP

 

10  cleaning, and thoroughly clean the equipment by that is not

 

11  designed for mechanical or clean-in-place cleaning, and

 

12  thoroughly clean and sanitize all equipment after each day’s use

 

13  using dairy cleaners, detergents, sanitizing agents, or other

 

14  similar materials approved for dairy or food service use that

 

15  will not contaminate or adversely affect the dairy products.

 

16        (o) Refrain from using steel wool or metal sponges in the

 

17  cleaning of any dairy equipment or utensils.

 

18        (p) Immediately before use, subject all product contact

 

19  surfaces to an effective sanitizing treatment except where dry

 

20  cleaning is permitted.

 

21        (q) Store utensils and portable equipment used in processing

 

22  and manufacturing operations above the floor in clean, dry

 

23  locations and in a self-draining position on racks constructed of

 

24  impervious corrosion-resistant material.

 

25        (r) Use CIP cleaning, including spray-ball systems, only on

 

26  equipment and pipeline systems which have been designed and

 

27  engineered for that purpose and employ careful attention to the


 

 1  proper procedures to assure satisfactory cleaning.

 

 2        (s) Ensure that all CIP installations comply with sanitary

 

 3  standards and post and follow the established cleaning procedure.

 

 4        (t) Following the circulation of the cleaning solution,

 

 5  thoroughly rinse and examine the equipment and lines for

 

 6  effectiveness of cleaning and ensure that all caps, ends, pumps,

 

 7  plates, and tee ends are opened or removed and brushed clean.

 

 8        (u) Immediately before starting the product flow after the

 

 9  cleaning procedure described in subdivision (s), treat the

 

10  product contact surfaces with an approved sanitizer.

 

11        (v) Clean, sanitize, and dry milk cans and lids before

 

12  returning to producers and inspect, repair, or replace cans and

 

13  lids to substantially exclude from use cans and lids showing open

 

14  seams, cracks, rust, milkstone, or any unsanitary condition.

 

15        (w) Maintain washers in a clean and satisfactory operating

 

16  condition and keep each washer free from accumulation of scale or

 

17  debris that may adversely affect the efficiency of the washer.

 

18        (x) Provide For all newly licensed or newly or extensively

 

19  remodeled facilities, provide a covered or enclosed receiving,

 

20  washing, and sanitizing facility at each site that receives or

 

21  ships milk or dairy products in milk tank trucks, or provide

 

22  means to protect the milk during the sampling and transferring

 

23  process that are acceptable to the director. The dairy plant is

 

24  not required to provide milk tank truck wash facilities if milk

 

25  tank trucks are cleaned and sanitized at another approved

 

26  facility.

 

27        (y) Clean and sanitize milk tank trucks, sanitary piping,


 

 1  fittings, and pumps at least once each day after use and, if

 

 2  those items are not to be used immediately after the emptying of

 

 3  a load of milk, promptly wash those items after use and give

 

 4  bactericidal treatment immediately before use.

 

 5        (z) Identify each tank that is washed and sanitized by

 

 6  attaching a tag to the outlet valve, bearing all of the following

 

 7  information:

 

 8        (i) Plant and specific location where cleaned.

 

 9        (ii) Date and time of washing and sanitizing and

 

10  identification number of the tank.

 

11        (iii) The name of each person who washed and name of each

 

12  person who sanitized the tank.

 

13        (aa) Maintain on the tank the tag attached pursuant to

 

14  subdivision (z) until the tank is again washed and sanitized and

 

15  ensure the receiving plant retains the tag for at least 15 days

 

16  or as the department may otherwise direct.

 

17        (bb) Wash all windows, glass, partitions, skylights, walls,

 

18  ceilings, and doors as often as necessary to keep them clean and

 

19  replace cracked or broken glass promptly.

 

20        (cc) Wipe or vacuum shelves and ledges as often as necessary

 

21  to keep them free from dust and debris and properly dispose of

 

22  the material picked up by a vacuum cleaner to destroy any insect

 

23  that may be present.

 

24        (dd) In addition to any commercial pest control service, if

 

25  one is utilized, designate an employee to perform a regularly

 

26  scheduled insect and rodent control program.

 

27        (ee) Properly label, handle, store, and use poisonous


 

 1  substances, insecticides, and rodenticides in such a manner as

 

 2  not to create a public health hazard.

 

 3        (ff) Maintain plant records, make those records available at

 

 4  all reasonable times for department inspection, and, in

 

 5  accordance with each of the following, send producer quality

 

 6  tests contained in those records to the department within 10 days

 

 7  of the completion of those tests:

 

 8        (i) Retain for 12 months sediment, temperature, drug residue,

 

 9  somatic cell, and bacterial test results on raw milk from each

 

10  producer.

 

11        (ii) Retain for a period of 12 months routine test results.

 

12        (iii) Retain for 12 months retest results, if an initial test

 

13  places the milk producer in permit suspension status.

 

14        (iv) Retain for 12 months rejections of raw milk over the no.

 

15  3 sediment standard for quality as established by the United

 

16  States department of agriculture.

 

17        (v) Retain for 6 months pasteurization recorder charts.

 

18        (vi) Retain for at least 6 months CIP recording charts.

 

19        (vii) Retain the most recent water sample and recirculated

 

20  cooling medium test results for at least 12 months.

 

21        (gg) Package milk and dairy products in department-approved

 

22  containers and packaging materials that do or are each of the

 

23  following:

 

24        (i) Cover and protect the quality of the contents during

 

25  storage and handling under normal conditions.

 

26        (ii) As uniform in weight and shape within each product size

 

27  or style as is practical.

 

 1        (iii) Provide low permeability to air and vapor to prevent the

 

 2  formation of mold growth and surface oxidation.

 

 3        (iv) Contain a wrapper resistant to puncturing, tearing,

 

 4  cracking, or breaking under normal conditions of handling,

 

 5  shipping, and storage.

 

 6        (v) Sealed in conformity with the instructions of the

 

 7  manufacturer.

 

 8        (hh) Conduct the packaging of each dairy product or the

 

 9  cutting and repackaging of each dairy product under sanitary

 

10  conditions prescribed by the department and ensure that each

 

11  packaging room, item of equipment, and packaging material is

 

12  practically free from mold and bacterial contamination by testing

 

13  the level of contamination in a manner approved by the

 

14  department.

 

15        (ii) Dry store a product requiring dry storage at least 18

 

16  inches from any wall in an aisle, row, or section and lot in an

 

17  orderly manner rendering the product easily accessible for

 

18  inspection.

 

19        (jj) Regularly clean each room used for product storage and

 

20  ensure that each stored product is free from any other foreign

 

21  products, mold, absorbed odors, or vermin or insect infestation.

 

22        (kk) Maintain control of humidity and temperature in each

 

23  storage room at all times to prevent conditions detrimental to a

 

24  stored product and container.

 

25        (ll) Store a finished product requiring refrigeration on

 

26  shelves, dunnage, or pallets at a temperature that will best

 

27  maintain the initial quality of the product and ensure that the


 

 1  product is not exposed to any substance from which the product

 

 2  may absorb a foreign odor or be contaminated by drippage or

 

 3  condensation.

 

 4        (mm) Purchase and store caps, parchment paper, wrappers,

 

 5  liners, gaskets, and single-service sticks, spoons, covers, and

 

 6  containers only in sanitary tubes, wrappings, or cartons that are

 

 7  kept in a clean, dry place until used and handled in a sanitary

 

 8  manner.

 

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

 

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

 

11  act or the grade A milk law of 2001 unless the department

 

12  approves a protocol for such reprocessing. The protocol shall

 

13  include consideration of storage temperatures, bacterial counts,

 

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

 

15  ingredients, and any other factors considered critical by the

 

16  director.

 

17        (oo) Packaged fluid dairy products that have left the

 

18  control of a dairy plant but are returned or delivered to a dairy

 

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

 

20  reprocessed into milk or milk products regulated under this act

 

21  or the grade A milk law of 2001.

 

22        (2) A person who owns or operates a dairy plant shall

 

23  legibly mark or label each commercial bulk package containing

 

24  dairy products manufactured under this act with the name of the

 

25  product, quantity of contents, name and address of processor,

 

26  manufacturer, or distributor, ingredients including known

 

27  allergens, manufacturer lot number, plant code issued by the


 

 1  department identifying where the product was manufactured, and

 

 2  with any other identifying information required by the director.

 

 3  All manufactured dairy products shall meet any applicable

 

 4  definitions and standards of identity as promulgated under 21

 

 5  C.F.R. CFR parts 131 to 135.

 

 6        (3) Retail packages shall be labeled as specified in 21

 

 7  C.F.R. CFR part 101, 9 C.F.R. part 317, and subpart N of 9 C.F.R.

 

 8  part 381, which are is adopted by reference, and as specified

 

 9  under sections 3-202.17 and 3-202.18 of the food code adopted by

 

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

 

11        (4) Commercial bulk packages of frozen desserts with

 

12  removable lids shall be labeled on the body of the container.

 

13        (5) Bulk shipments of milk or dairy products shall be

 

14  accompanied by a bill of lading containing the following

 

15  information:

 

16        (a) Shipper's name, address, and permit number.

 

17        (b) Permit identification of hauler if not an employee of

 

18  the shipper.

 

19        (c) Point of origin of shipment.

 

20        (d) Tanker identity number.

 

21        (e) Name of product.

 

22        (f) Weight of product.

 

23        (g) Grade of product.

 

24        (h) Temperature of product.

 

25        (i) Date of shipment.

 

26        (j) Name of supervising regulatory agency at the point of

 

27  origin.

 

 1        (k) Whether the contents are raw, pasteurized, or, in the

 

 2  case of cream, lowfat, or skim milk, whether it has been heat

 

 3  treated.

 

 4        (l) Seal number on inlet and outlet.

 

 5        (6) Cheese and cheese products that are unpasteurized shall

 

 6  be labeled according to the requirements of 21 C.F.R. CFR part

 

 7  133 and this section.

 

 8        (7) Milk and milk products shall be advertised as specified

 

 9  under the food law of 2000.

 

10        Sec. 152. (1) A person shall operate a dryer at not more

 

11  than the manufacturer's recommended capacity for the highest

 

12  quality dry product and may remodel or redesign a dryer after

 

13  installation upon department approval. A person shall remove dry

 

14  products from the drying chamber upon completion of each drying

 

15  cycle.

 

16        (2) Before packaging and immediately following removal of a

 

17  dry product from the drying chamber, a person shall cool the dry

 

18  product to a temperature not exceeding 110°F (43.3°C).

 

19        (3) A person who packages a dry milk product shall ensure

 

20  that each package or container used for the packaging of a dry

 

21  milk product is of a clean, sound, commercially accepted material

 

22  that will protect the packaged contents to the department's

 

23  satisfaction. A dry milk product packager shall not package a dry

 

24  milk product in a container previously used for nonfood items or

 

25  food deleterious to the dairy product.

 

26        (4) A person who packages dry milk shall ensure all of the

 

27  following:

 

 1        (a) That empty containers are protected at all times from

 

 2  possible contamination.

 

 3        (b) That a lined container is not lined more than 1 hour

 

 4  before the container is filled unless it is provided adequate

 

 5  protection from contamination.

 

 6        (c) That precaution is taken during the filling operation to

 

 7  adequately minimize product dust and spillage.

 

 8        (d) That, when necessary, a mechanical shaker is provided.

 

 9        (e) That the tapping or pounding of containers does not

 

10  occur.

 

11        (f) That a container is closed immediately after filling.

 

12        (g) That a container's exterior is vacuumed or brushed when

 

13  necessary to render it practically free of product remnants

 

14  before that container is removed from the filling site.

 

15        (h) That each dryer, conveyor, sifter, and storage bin is

 

16  clean and maintained in a sanitary condition.

 

17        (i) That in addition to a commercial pest control service,

 

18  if any, a person designated by the packager implements a

 

19  regularly scheduled insect and rodent control program approved by

 

20  the department.

 

21        Sec. 159. A person who owns or operates a plant shall

 

22  protect supplies of parchment liners, wrappers, and other

 

23  packaging material against dust, mold, and other possible

 

24  contamination and do each of the following:

 

25        (a) Prior to use, completely immerse parchment liners or

 

26  bulk butter packages in a boiling salt solution within a

 

27  stainless steel or other equally noncorrosive material for not


 

 1  less than 30 minutes.

 

 2        (b) Ensure that the solution described in subdivision (a)

 

 3  consists of at least 15 pounds of salt for every 85 pounds of

 

 4  water and is strengthened or changed as frequently as necessary

 

 5  to keep the solution full strength and in good condition.

 

 6        (c) Treat or handle liners such as polyethylene and each

 

 7  lined butter container in such a manner as to prevent

 

 8  contamination of the liner prior to filling.

 

 9        (d) Print and package consumer size containers of butter

 

10  under sanitary conditions.

 

11        (e) Legibly mark commercial bulk shipping containers with

 

12  the name of the product, net weight, name and address of

 

13  manufacturer, processor or distributor, or an assigned plant

 

14  identification number or any other identification that the

 

15  department may require.

 

16        (f) Mark packages of plastic or frozen cream with the

 

17  percent of milkfat.

 

18        (g) Except as provided in subdivisions (i) through (k), keep

 

19  all products under refrigeration at temperatures of 40°F (4.4 °C)

 

20  45°F (4.7°C) or lower after packaging and until ready for

 

21  shipment.

 

22        (h) Ensure that the products are not placed directly on

 

23  floors or exposed to foreign odors or conditions such as drippage

 

24  due to condensation which might cause package or product damage.

 

25        (i) If plastic cream or frozen cream is to be quick-frozen,

 

26  place the product in quick freezer rooms immediately after

 

27  packaging, and ensure rapid and complete freezing within 24 hours


 

 1  by doing all of the following:

 

 2        (i) Pile or space the packages in a manner that allows air to

 

 3  freely circulate among and around the packages.

 

 4        (ii) Maintain the rooms at -10°F (-23°C) or lower.

 

 5        (iii) Equip each room to provide sufficient high-velocity air

 

 6  circulation for rapid freezing.

 

 7        (iv) After the products have been completely frozen, retain

 

 8  them in the quick freezer or transfer them to a freezer storage

 

 9  room for continued storage.

 

10        (j) Maintain each freezer storage room at a temperature of

 

11  0°F (-18°C) or lower and ensure each freezer storage room has

 

12  adequate air circulation.

 

13        (k) Place butter intended to be held more than 30 days in a

 

14  freezer storage room immediately after packaging, and if that

 

15  butter is not frozen before being placed in the freezer, arrange

 

16  each unfrozen butter package in a manner that permits rapid

 

17  freezing, and keep each package in that arrangement until frozen.

 

18        Enacting section 1. This amendatory act takes effect 30 days

 

19  after the date it is enacted into law.