HOUSE BILL NO. 5217

"Grade A milk law of 2001,"

by amending sections 30 and 68 (MCL 288.500 and 288.538), as amended by 2008 PA 136.

the people of the state of michigan enact:

Sec. 30. (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.

(d) Process, label, distribute, or sell grade A milk or grade A milk products, except that a person operating that operates a retail food establishment is exempt from licensure under this act if he or she the person 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 that operate 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 before 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 under section 31 or article IV. All examinations of books, records, and accounts required under this subsection shall must 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.

(9) A direct farm-to-consumer producer is exempt from the licensing provisions of this act if the direct farm-to-consumer producer complies with the requirements under section 4102a of the food law of 2000, MCL 289.4102a. As used in subsection, "direct farm-to-consumer producer" means that term as defined in section 1107 of the food law of 2000, MCL 289.1107.

Sec. 68. (1) Only Except as otherwise provided under subsection (5), only pasteurized milk and milk products shall can be offered for sale or sold, directly or indirectly, to the final consumer or to restaurants, grocery stores, or similar establishments.

(2) All Except as otherwise provided under subsection (5), all milk and milk products shall must be pasteurized according to the requirements of the pasteurized milk ordinance and the time-temperature relationships described in the pasteurized milk ordinance.

(3) All dairy plant by-products used for feeding purposes for farm animals shall must be pasteurized or be derived from pasteurized products when specified by the director.

(4) Milk and milk products may be aseptically processed as low-acid foods provided they the milk and milk products comply with the following requirements:

(a) All thermally processed milk and milk products that are packaged in hermetically sealed containers shall must be processed in a milk processing facility licensed under this act, the manufacturing milk law of 2001, or the food law of 2000.

(b) All processors of acidified milk and milk products packaged in hermetically sealed containers shall comply with the regulations of the U.S. food and drug administration United States Food and Drug Administration in 21 CFR part parts 108, 21 CFR part 110, and 21 CFR part 114.

(c) All thermally processed milk and milk products that are packaged in hermetically sealed containers shall must comply with the regulations of the U.S. food and drug administration United States Food and Drug Administration in 21 CFR part parts 108, 21 CFR part 110, and 21 CFR part 113.

(d) Hermetically sealed packages shall must be handled to maintain product and container integrity.

(5) Unpasteurized milk and unpasteurized milk products may be offered for sale and sold to a final consumer by a direct farm-to-consumer producer or a designated agent that complies with section 4102a of the food law of 2000, MCL 289.4102a, if the unpasteurized milk and unpasteurized milk product comply with section 70a of the manufacturing milk law of 2001, MCL 288.630a. As used in this subsection, "designated agent" and "direct farm-to-consumer producer" mean those terms as defined in section 1107 of the food law of 2000, MCL 289.1107.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 103rd Legislature are enacted into law:

(a) House Bill No. 5218 (request no. H03300'25).

(b) House Bill No. 5219 (request no. H03301'25).