(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 products, or equipment shall not be disposed of until a release is obtained from the director. The director shall complete his or her action on any such seized item within a reasonable time, and the farm, plant, or station shall be promptly notified of the director’s decision. The director may collect and retain evidence to verify the determination of an imminent health hazard.
    (2) Whenever the director finds in any dairy farm, dairy plant, receiving station, transfer station, or vehicle any milk or dairy product which contains any unwholesome substance, or that may be poisonous or deleterious to health or otherwise unsafe, such milk or dairy product shall be declared an imminent or substantial health hazard. The director shall condemn or destroy the milk or dairy product or in any other manner render the same unsalable as human food. A person shall not remove a condemnation or seizure tag attached to any container of condemned milk or cream, or transfer condemned milk to another container and sell or offer for sale the condemned milk for human consumption.

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Terms Used In Michigan Laws 288.651

  • Cream: means any of the following:
    (i) Light cream containing not less than 18% but not more than 30% milkfat. See Michigan Laws 288.571
  • 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 288.572
  • Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 288.572
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Imminent or substantial health hazard: means a determination by the director of either or both of the following:
  •     (i) A condition that exists at a dairy farm or dairy plant requiring immediate action to prevent endangering the public health or safety. See Michigan Laws 288.573
  • 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 288.574
  • 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 288.576
  • Receiving station: means any place, premise, or establishment where raw milk is received, collected, handled, stored, or cooled and is prepared for further transporting. See Michigan Laws 288.576
  • Transfer station: means any place, premises, or establishment where milk or dairy products are transferred directly from 1 milk tank truck to another. See Michigan Laws 288.577