Michigan Laws 288.500 – Licensing required; prohibited conduct; compliance with act; temporary license or permit; state agencies operating dairy facilities; applicant for initial grade A dairy farm permit; examination o
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Terms Used In Michigan Laws 288.500
- Dairy farm: means any place or premises where 1 or more dairy animals are kept for milking purposes, and from which a part or all of the milk is provided, sold, or offered for sale. See Michigan Laws 288.473
- Department: means the Michigan department of agriculture. See Michigan Laws 288.473
- Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 288.473
- Label: means a display of written, printed, or graphic matter upon the immediate container of any article conforming to a requirement imposed under this act that any word, statement, or other information appearing on the label appears on the outside container or wrapper of the retail package of the article or be easily legible through the outside container or wrapper. See Michigan Laws 288.474
- 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. See Michigan Laws 288.474
- Milk tank truck: means both a bulk milk pickup tanker and a milk transport tank. See Michigan Laws 288.475
- Milk transportation company: means the company that is the person responsible for a milk tank truck. See Michigan Laws 288.475
- Person: means an individual, partnership, company, limited liability company, cooperative, association, firm, trustee, educational institution, state or local government unit, or corporation. See Michigan Laws 288.476
- Producer: means a person that owns or operates a dairy farm and sells or distributes milk produced on that farm including a person that markets milk on behalf of a producer under a marketing agreement. See Michigan Laws 288.476
- Retail: means selling or offering for sale dairy products directly to a consumer. See Michigan Laws 288.476
- Retail food establishment: means an operation that sells or offers to sell food directly to a consumer. See Michigan Laws 288.476
- Single service containers and closures: means single use containers or parts of single use containers that become milk product contact surfaces when used for the storage, shipping, or marketing of milk or milk products. See Michigan Laws 288.476
- Wholesale: means selling or offering to sell dairy products to retailers, jobbers, or distributors rather than directly to a consumer. See Michigan Laws 288.477
(1) A person shall not do any of the following without being licensed under this act:
(a) Produce grade A milk to be offered for sale.
(b) Collect grade A milk samples for regulatory purposes.
(c) Operate a milk transportation company that owns or operates a bulk milk tank truck.
(d) Process, label, distribute, or sell grade A milk or grade A milk products, except that a person operating a retail food establishment is exempt from licensure under this act if he or she complies with subsection (8) and is licensed under the food law of 2000. This subdivision does not prevent the sale, at wholesale or retail at a retail food establishment licensed under the food law of 2000, of milk or milk products that are packaged in final consumer packages at a facility licensed under this act.
(e) Wash milk tank trucks.
(f) Manufacture single service containers or closures to be used for grade A milk products, except that the manufacture of single service containers and closures for grade A dry milk products are exempt from this section.
(2) A person licensed under the manufacturing milk law of 2001 or this act and engaged in activities regulated under this act shall comply with the requirements of this act, where applicable, and is subject to the penalties set forth in this act, where applicable.
(3) The director may issue a temporary license or permit for activities regulated by this act.
(4) State agencies operating dairy facilities under a memorandum of understanding with the department are not required to be licensed or permitted or to provide producer security under this act but are required to otherwise be in compliance with this act.
(5) An applicant for an initial grade A dairy farm permit shall complete education, acceptable to the director, on drug residue avoidance control measures, as identified in the pasteurized milk ordinance, prior to receiving the permit.
(6) The director shall examine the books, records, and accounts of a milk plant if the milk plant has not responded to requests from the director pursuant to section 31 or article IV. All examinations of books, records, and accounts required under this subsection shall be made within this state.
(7) All applicants for a permit or license must complete an application provided by the department and meet the minimum requirements of this act, the pasteurized milk ordinance, and rules promulgated under this act.
(8) Milk products manufactured at retail food establishments licensed under the food law of 2000 are exempt from this act if both of the following conditions are met:
(a) All ingredients contained in these products comply with the requirements of the food law of 2000.
(b) The milk products manufactured are not sold wholesale or to another business entity.