HOUSE BILL NO. 5218

A bill to amend 2001 PA 267, entitled
"Manufacturing milk law of 2001,"
by amending sections 111 and 136 (MCL 288.671 and 288.696), as amended by 2008 PA 147, and by adding section 70a.
the people of the state of michigan enact:
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Sec. 70a. (1) Raw milk and raw dairy products may be manufactured and sold or offered for sale 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,
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if the raw milk and raw dairy products comply with this section. Raw milk and raw dairy products must not be sold at a retail food establishment.
(2) Raw milk and raw dairy products must be packaged in clean, food-grade containers that are suitable for dairy storage. Each container must be have a label that contains all of the following information:
(a) The date the raw milk was bottled or the date the raw dairy product was packaged, as appliable. The label may include an expiration date.
(b) The name and address of the direct farm-to-consumer producer.
(c) The name or type of the product.
(d) The volume or weight of the raw milk or raw dairy product.
(e) The following statement in at least 11-point font: "This product is made with raw (unpasteurized) milk and may contain harmful bacteria. Not pasteurized. Not inspected by the Michigan Department of Agriculture and Rural Development. Consume at your own risk.".
(3) A direct farm-to-consumer producer may include additional information on the label described under subsection (3), such as the recommend refrigeration temperature or consumption guidelines.
(4) Raw milk and raw dairy products manufactured or sold in this state must comply with the following standards, subject to the requirements under section 138, as applicable:
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Chemical, Physical, Bacteriological, and Temperature Standards |
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Temperature |
Cooled to and maintained at a temperature of 45?F (7?C) or less within 2 hours after milking. Raw milk must be maintained at a temperature of 45?F (7?C) or less until purchase by a final consumer. |
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Bacterial limits |
Not to exceed 15,000 per ml. |
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Somatic cell count |
Not to exceed 600,000 per ml. |
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Coliform count |
Not to exceed 10 per ml. |
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Infectious disease |
No positive results for brucellosis or tuberculosis. Animals must be tested at least once every 12 months. |
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RAW MILK INTENDED FOR MANUFACTURE OF RAW DAIRY PRODUCTS OTHER THAN FROZEN DESSERTS |
Temperature |
Cooled to and maintained at a temperature of 45?F (7?C) or less within 2 hours after milking. Raw milk must be maintained at a temperature of 45 ?F (7?C) or less until purchase by a final consumer. |
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Bacterial limits |
Not to exceed 15,000 per ml. |
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Somatic cell count |
Not to exceed 600,000 per ml. |
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Coliform count |
Not to exceed 10 per ml. |
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Infectious disease |
No positive results for brucellosis or tuberculosis. Animals must be tested at least once every 12 months. |
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RAW MILK INTENDED FOR MANUFACTURE OF RAW FROZEN DESSERTS |
Temperature |
Cooled to and maintained at a temperature of 45?F (7?C) or less within 2 hours after milking. Raw milk must be maintained at a temperature of 45 ?F (7?C) or less until purchase by a final consumer. |
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Bacterial limits |
Not to exceed 15,000 per ml. |
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Somatic cell count |
Not to exceed 600,000 per ml. |
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Coliform count |
Not to exceed 10 per ml. |
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Infectious disease |
No positive results for brucellosis or tuberculosis. Animals must be tested at least once every 12 months. |
(5) As used in this section:
(a) "Designated agent" means that term as defined in section 1107 of the food law of 2000, MCL 289.1107.
(b) "Direct farm-to-consumer producer" means that term as defined in section 1107 of the food law of 2000, MCL 289.1107.
(c) "Raw milk" or "raw dairy product" means milk or a dairy
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product that is not pasteurized or homogenized.
Sec. 111. (1) 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.
(2) 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. 136. (1) Only Except as provided under sections 70a and 138, 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 retail food establishments. except as specified in section 138.
(2) Milk and dairy products may be aseptically processed as low-acid foods provided they milk and dairy products comply with the following requirements:
(a) All thermally processed milk and milk dairy products that are packaged in hermetically sealed containers are processed in a milk processing facility licensed under this act, the grade A milk law of 2001, or the food law of 2000.
(b) All processors of acidified milk and milk dairy products packaged in hermetically sealed containers comply with the regulations of the United States food and drug administration Food
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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 dairy products that are packaged in hermetically sealed containers comply with the regulations of the United States food Food and drug administration Drug Administration in 21 CFR part parts 108, 21 CFR part 110, and 21 CFR part 113.
(d) Hermetically sealed packages are handled to maintain product and container integrity.
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. 5217 (request no. H02242'25).
(b) House Bill No. 5219 (request no. H03301'25).