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Michigan Statutes, Title 288

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Michigan/Statutes

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Title 288, DAIRY INDUSTRY

30 chapters · 119 sections in this title.

All chapters in Title 288119 Ch 267-of-2001, MANUFACTURING MILK LAW OF 200173 Ch 266-of-2001, GRADE A MILK LAW OF 200146

73 sections·Filtered byTitle 288✕Ch 267-of-2001✕

Mich. Comp. Laws § 288.561 Short title.
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Sec. 1. This act shall be known and may be cited as the "manufacturing milk law of 2001".
Mich. Comp. Laws § 288.570 Definitions; A.
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Sec. 10. As used in this act: (a) "Adulterated" means food or milk products to which any of the following apply: (i) It bears or contains any poisonous or deleterious substance that may render it injurious to health except that, if the substance is not an added substance, the foo…
Mich. Comp. Laws § 288.571 Definitions; B, C.
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Sec. 11. As used in this act: (a) "Bulk milk hauler/sampler" means any person who collects official samples and may transport raw milk from a farm and/or raw milk products to or from a dairy plant, receiving station, or transfer station and has in his or her possession a license …
Mich. Comp. Laws § 288.572 Definitions; D.
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Sec. 12. As used in this act: (a) "Dairy animal" means any domesticated lactating mammal, including a cow, goat, sheep, water buffalo, or other hooved mammal, which is managed and milked to obtain milk for human consumption. (b) "Dairy farm" means any place or premises where 1 or…

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Mich. Comp. Laws § 288.573 Definitions; F to L.

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Sec. 13. As used in this act: (a) "Farm tank" means the farm bulk milk tank, milk tank truck, or silo used for the storage or cooling of milk, or both, before pickup and transport from the farm. (b) "Federal act" means the federal food, drug, and cosmetic act, 21 USC 301 to 321, …

Mich. Comp. Laws § 288.574 Definitions; M.

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Sec. 14. As used in this act: (a) "Milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of 1 or more healthy cows, goats, sheep, or other dairy animals. (b) "Milk buyer" means any milk producer, milk producer marketing organization,…

Mich. Comp. Laws § 288.575 Definitions; M.

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Sec. 15. As used in this act: (a) "Misbranded" means food to which any of the following apply: (i) Its labeling is false or misleading in any particular. (ii) It is offered for sale under the name of another food. (iii) It is an imitation of another food unless its label bears, i…

Mich. Comp. Laws § 288.576 Definitions; O to R.

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Sec. 16. As used in this act: (a) "Offering for sale" means selling, offering to sell, holding for sale, preparing for sale, trading, bartering, offering as a gift as an inducement for sale of, and advertising for sale in any media. (b) "Other security" means a mutually acceptabl…

Mich. Comp. Laws § 288.577 Definitions; S to W.

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Sec. 17. As used in this act: (a) "Sample transfer instrument" means any of the following: (i) Individually wrapped, sterile, single-service sampling tubes. (ii) Stainless steel metal dippers, with long handles having capacities of 10 ml. or greater. (iii) Sampling devices approv…

Mich. Comp. Laws § 288.590 Other standards or requirements; inspection reports; out-of-state milk products.

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Sec. 30. (1) A political subdivision of the state shall not impose any different standards or requirements for manufacturing milk and manufacturing milk products than those provided for in this act and shall not prohibit the sale of dairy products if they have been produced and p…

Mich. Comp. Laws § 288.591 Repeal of acts; rescission of rules.

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Sec. 31. (1) The following acts and parts of acts are repealed effective 30 days after enactment of this act: (a) 1899 PA 167, MCL 289.61. (b) 1903 PA 243, MCL 288.221 to 288.223. (c) 1911 PA 257, MCL 288.371 to 288.372. (d) 1913 PA 63, MCL 288.252 to 288.257. (e) The manufacturi…

Mich. Comp. Laws § 288.592 Effective date.

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

Mich. Comp. Laws § 288.610 Administration of act; rules; incorporation by reference.

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Sec. 50. (1) The department shall administer this act and may promulgate rules for its implementation and enforcement, or adopt revisions of standards adopted by reference in this act under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (2) The foll…

Mich. Comp. Laws § 288.611 Investigations; inspections.

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Sec. 51. The director shall foster and encourage the dairy industry of the state and, for that purpose, shall investigate the general conditions of the dairy farms, dairy plants, single service manufacturers, receiving stations, transfer stations, bulk milk haulers/samplers, can …

Mich. Comp. Laws § 288.630 Prohibited acts; standards; compliance.

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Sec. 70. (1) A person shall not directly, through an agent, or on behalf of another person sell or offer for sale, furnish, or possess or control with intent to sell or offer for sale, or furnish an unsanitary, adulterated, or misbranded milk or dairy product to a person or a pro…

Mich. Comp. Laws § 288.631 Testing frequency for dairy products; testing dairy farm water supplies.

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Sec. 71. (1) All dairy products shall be tested at a minimum frequency of 4 out of every 6 months, or as determined by the director. (2) Except when the water supply is required to be tested annually as provided in section 130(9)(h), well water samples for dairy farms shall be te…

Mich. Comp. Laws § 288.650 Inspecting, sampling, and investigating conditions; authority of director and department.

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Sec. 90. (1) The director, after proper identification, is authorized and shall have the power to enter all dairy farms, dairy plants, single service manufacturing facilities, milk tank truck cleaning facilities, receiving stations, transfer stations, dairy product distribution f…

Mich. Comp. Laws § 288.651 Seizure of milk, dairy products, or equipment; findings; condemnation or destruction; removal of tag or transfer to another container prohibited.

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Sec. 91. (1) The director may seize or hold for investigation any milk, dairy product, or equipment which the director may have reason to believe constitutes or may be contributing to an imminent or substantial health hazard or is in violation of this act. Seized milk, dairy prod…

Mich. Comp. Laws § 288.652 Access to markets for milk and dairy products; certificate of free sale; application; fees; "certificate of free sale" defined.

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Sec. 92. (1) To facilitate continued access to markets for milk and dairy products, the department may do 1 or both of the following: (a) At the request of a processor or based upon records voluntarily supplied by a processor, inspect, audit, or certify a dairy plant where milk o…

Mich. Comp. Laws § 288.670 License or permit.

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Sec. 110. (1) A person shall not do any of the following without being licensed under this act or the grade A milk law of 2001: (a) Produce milk that is offered for sale. (b) Collect milk samples for regulatory purposes. (c) Operate a milk transportation company that owns or oper…

Mich. Comp. Laws § 288.670a Receipt of completed application for initial or renewal license; issuance of license within certain time period; "completed application" defined.

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Sec. 110a. (1) The department shall issue an initial or renewal license or permit for regulated activities described in section 110 other than a manufacturing grade dairy farm or a bulk milk hauler/sampler, not later than 90 days after the applicant files a completed application.…

Mich. Comp. Laws § 288.670b "Pasteurized milk ordinance" defined; license to conduct certified industry manufacturing farm inspections; license fee; inspections; authorization by director.

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Sec. 110b. (1) As used in this section, "pasteurized milk ordinance" means that term as defined in section 6 of the grade A milk law, MCL 288.476. (2) Each certified industry manufacturing farm inspector shall pay a 3-year license fee of $150.00 for a license to conduct certified…

Mich. Comp. Laws § 288.671 Milk products manufactured at retail food establishments; exemption.

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Sec. 111. Milk products manufactured at retail food establishments licensed under the food law of 2000 are exempt from this act if both of the following conditions are met: (a) All ingredients contained in these products comply with the requirements of the food law of 2000. (b) T…

Mich. Comp. Laws § 288.672 Unlicensed dairy plant or previously denied license dairy plant; application for license; investigation of sanitary conditions.

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Sec. 112. Upon receipt of an application for licensure by an unlicensed dairy plant or for a dairy plant previously denied a license under this act, the department shall investigate the sanitary conditions of the dairy plant or place of business. The director shall issue a licens…

Mich. Comp. Laws § 288.673 Noncompliance with act or rule; revocation or suspension of license or permit; administrative fine; notice; findings; operation of business or activity; reinstatement.

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Sec. 113. (1) The director may revoke or suspend the license or permit of a licensee or permittee issued under this act or impose an administrative fine under section 125 for failure to comply with the requirements of this act or a rule promulgated under this act. A license or pe…

Mich. Comp. Laws § 288.674 Summary suspension of license or permit; findings; compliance and reinstatement; order.

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Sec. 114. (1) The director may summarily suspend a license or permit issued under this act upon determining that the licensee or permittee had done 1 or more of the following: (a) Offered for sale or sold milk or dairy products from diseased animals, or otherwise considered abnor…

Mich. Comp. Laws § 288.675 Purchasing milk for resale or manufacture into another product; payment to producer; manner and dates; violation; issuance of check.

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Sec. 115. (1) A person purchasing milk for resale or manufacture into another product shall pay the producer in a manner and on dates as mutually agreed to by the producers, the dairy plant, and the department. The department shall revoke or deny a license issued under this act f…

Mich. Comp. Laws § 288.676 Condition to issuance and maintenance of license; security required; exemption.

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Sec. 116. The department shall revoke or deny a license for a dairy plant that produces manufactured dairy products if the licensee or applicant fails to provide 1 of the security devices required as a condition to issuance and maintenance of a license. As a condition to issuance…

Mich. Comp. Laws § 288.677 Audited financial statement.

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Sec. 117. (1) A licensee or applicant for a license as a dairy plant not providing a security device under section 118 or 119 shall provide an audited fiscal year end financial statement prepared by a certified public accountant according to generally accepted accounting principl…

Mich. Comp. Laws § 288.678 Other forms of security; request for information from financial and insurance services of department of consumer and industry services.

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Sec. 118. (1) A licensee or applicant for a license as a dairy plant not providing a security device under section 117 or 119 shall provide any of the following forms of security, in a form and subject to terms and conditions considered necessary by the department, for the benefi…

Mich. Comp. Laws § 288.679 Cash prepayments.

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Sec. 119. A licensee or applicant for licensure as a dairy plant not providing a security device under section 117 or 118 shall provide an agreement in which the dairy plant prepays for its milk supply by means of cash payments before or at the time the milk is received at the pl…

Mich. Comp. Laws § 288.680 Cancellation or modification of security by dairy plant; notice required; manner; increase in amount due and accrued; applicability to dairy products in interstate commerce; disclosure of financial and product information; audited financial statement; complaint by producer requesting independent audit; filing; costs; suspension or revocation of dairy plant license; reinstatement.

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Sec. 120. (1) A dairy plant that produces manufactured dairy products shall not cancel or modify a security device unless written notice is given to the department by the dairy plant at least 90 days before the date of cancellation or modification and approval is given by the dep…

Mich. Comp. Laws § 288.681 Change in security device; circumstances requiring dairy plant to provide change or increase; notice sent by department to dairy plant; notice to producers.

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Sec. 121. (1) A dairy plant that produces manufactured dairy products may request a change in its security device at any time. The department shall allow the change in the dairy plant's security device if all requirements for the new security device have been met and all producer…

Mich. Comp. Laws § 288.682 Breach of obligation; proof of claim or evidence of default; order requiring filing of claims by creditors; publication of notice; notice of allowance or disallowance; action by attorney general; distribution; other liens, security, or priority.

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Sec. 122. (1) A person injured by the breach of an obligation secured by a security device described in section 117, 118, or 119, including a producer and a person representing a commodity check-off program, may file with the department a verified proof of claim or other evidence…

Mich. Comp. Laws § 288.683 Notice to producers of type of security device used; form; qualifications for dairy plant license.

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Sec. 123. The department shall notify producers delivering dairy products to a licensed dairy plant that produces manufactured dairy products of the type of security device used for the benefit of producers and shall notify producers any time a license is issued, renewed, or modi…

Mich. Comp. Laws § 288.684 Conduct as misdemeanor; penalty.

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Sec. 124. A person, alone or through an agent, as the agent of any other person, or as the officer or agent of any firm or corporation, who does any of the following is guilty of a misdemeanor punishable by a fine of not less than $250.00 and not more than $2,500.00 or imprisonme…

Mich. Comp. Laws § 288.685 Selling milk found positive for violative drug residues; sanctions and administrative fines.

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Sec. 125. (1) The director shall impose upon a producer who violates this act by selling or offering for sale milk which has been found positive for violative drug residues on a test performed pursuant to sections 131 and 132 the following sanctions and administrative fines and p…

Mich. Comp. Laws § 288.686 Restraining order.

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Sec. 126. In addition to the remedies otherwise provided in this act, the department may apply to circuit court to grant a temporary or permanent injunction restraining any person from violating this act or any rule promulgated pursuant to this act, irrespective of whether there …

Mich. Comp. Laws § 288.690 Milk for human consumption; compliance with requirements for eradication of tuberculosis and brucellosis; prohibited sale; disposal; milking barn or milking parlor; yard and loafing area; duties of person obtaining milk from dairy animal; milkhouse or milkroom; dairy farm bulk tank; milk shipping.

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Sec. 130. (1) A person who offers milk to the public for human consumption shall obtain that milk from dairy animals that are located in areas under federal or state supervision for the eradication of tuberculosis and brucellosis and comply with those requirements for eradication…

Mich. Comp. Laws § 288.691 Transporting milk; vehicles; duties of licensed bulk milk hauler/sampler; testing of milk by dairy plant, transfer station, or receiving station.

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Sec. 131. (1) The department shall issue a license or permit to haul cans of milk to the owner or operator of a truck or vehicle used for hire to transport milk in cans from the farm to the dairy plant. (2) The owner of all trucks used to transport milk in cans shall ensure that …

Mich. Comp. Laws § 288.692 Load samples; testing for violative drug residue; disposal of milk testing positive; identification of producer of milk testing positive; copies of test results; processing or availability of raw milk; milk exceeding certain limits; determining and remedying cause of illegal somatic cell count, temperature, or bacteria; permit suspension; reinstatement; shipping prohibited; duties of milk representative.

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Sec. 132. (1) All milk shipped for processing or intended to be processed on the farm where it was produced shall be sampled and tested, prior to processing, for beta lactam drug residues. Collection, handling, and testing of samples shall be done according to procedures establis…

Mich. Comp. Laws § 288.693 Examination of test results and inspection of dairy farms; frequency.

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Sec. 133. The department may examine test results and inspect dairy farms as frequently as the department determines necessary to assure compliance with this act. Upon receipt of a written request from a person who purchases milk produced at a dairy farm subject to this act, the …

Mich. Comp. Laws § 288.694 Failure of producer to meet minimum quality standards.

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Sec. 134. (1) A producer who fails to meet minimum quality standards set forth in section 70 or correct insanitary farm conditions after the milk buyer or the department intervenes under this act is prohibited from selling milk for human consumption. After being prohibited, that …

Mich. Comp. Laws § 288.695 Incoming raw milk and manufactured dairy products; samples.

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Sec. 135. Incoming raw milk and manufactured dairy products shall not exceed the standards set forth in section 70. Plants receiving commingled raw milk, heat treated, or pasteurized milk will be sampled a minimum of 4 out of every 6 months. If 2 of the last 4 samples exceed the …

Mich. Comp. Laws § 288.696 Pasteurized milk and dairy products; sale; processing as low-acid foods.

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Sec. 136. (1) Only pasteurized milk and dairy products shall be offered for sale or sold, directly or indirectly, to the final consumer or to restaurants, grocery stores, or similar establishments except as specified in section 138. (2) Milk and dairy products may be aseptically …

Mich. Comp. Laws § 288.697 “Pasteurization” and “pasteurized”; temperature and time relationships.

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Sec. 137. The terms "pasteurization", "pasteurized", and similar terms mean the process of heating every particle of milk or dairy products to at least the temperature and time relationships given in this section as follows or by any equivalent process approved by the federal foo…

Mich. Comp. Laws § 288.698 Manufacture of cheese; use of unpasteurized milk.

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Sec. 138. Unpasteurized milk may be used in the manufacture of cheese only as allowed in 21 C.F.R. part 133, incorporated by reference, and if the cheese has been cured or ripened (aged) for more than 60 days at a controlled temperature of not less than 35 degrees Fahrenheit (2 d…

Mich. Comp. Laws § 288.699 Milk and dairy products; pasteurization required; cooling; equipment; temperature; ingredients added before or after pasteurization; repasteurized condensed milk; design and operation of pasteurization equipment.

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Sec. 139. (1) Except as provided in section 138, all milk and dairy products shall be pasteurized before entrance of the milk and dairy products into any of the following: (a) The evaporator or condensing equipment. (b) The cheese-making process. (c) The cheese culture making pro…

Mich. Comp. Laws § 288.700 Manufacturing milk into dairy product; duties of plant owner or operator.

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Sec. 140. A person who owns or operates a plant receiving milk for manufacturing into a dairy product shall do each of the following: (a) Maintain premises in a clean and orderly condition. (b) Prevent the emission of an odor, smoke, or pollutant within the plant that may adulter…

Mich. Comp. Laws § 288.701 Manufacturing milk into dairy product; additional duties of plant owner or operator.

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Sec. 141. A person who owns or operates a plant receiving milk for manufacturing into a dairy product shall do all of the following: (a) Ensure that the equipment and utensils used for the processing of milk and dairy products are constructed to be readily demountable when the de…