HB-6393, As Passed House, December 21, 2018

HB-6393, As Passed Senate, December 20, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6393

 

 

September 26, 2018, Introduced by Rep. Alexander and referred to the Committee on Agriculture.

 

     A bill to amend 2001 PA 266, entitled

 

"Grade A milk law of 2001,"

 

by amending section 6 (MCL 288.476), as amended by 2016 PA 259.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. As used in this act:

 

     (a) "Pasteurized milk ordinance" or "PMO" means the 2013

 

edition of the Grade "A" Pasteurized Milk Ordinance, 2017 revision,

 

recommendations of the published by the United States Department of

 

Health and Human Services. , Public Health Service/Food and Drug

 

Administration, with administrative procedures and appendices, set

 

forth in the Public Health Service/Food and Drug Administration,

 

publication no. 229.

 

     (b) "Person" means an individual, partnership, company,

 

limited liability company, cooperative, association, firm, trustee,


educational institution, state or local government unit, or

 

corporation.

 

     (c) "Processor" means the owner or operator of a milk plant.

 

     (d) "Producer" means a person who that owns or operates a

 

dairy farm and sells or distributes milk produced on that farm

 

including a person who that markets milk on behalf of a producer

 

under a marketing agreement.

 

     (e) "Receiving station" means any a place, premises, or

 

establishment where raw milk is received, collected, handled,

 

stored, or cooled and is prepared for further transporting.

 

     (f) "Registered name" means either a name that is registered

 

as "doing business as" at the county clerk's office in the county

 

in which the producer or processor resides or that is registered

 

with this state as a legal entity registered to do business within

 

this state under an assumed name. Registered name includes, but is

 

not limited to, incorporations, corporations, limited liability

 

companies, limited liability partnerships, and similar entities.

 

     (g) "Retail" means selling or offering for sale dairy products

 

directly to a consumer.

 

     (h) "Retail food establishment" means an operation that sells

 

or offers to sell food directly to a consumer. Retail food

 

establishment includes both a retail grocery and a food service

 

establishment but does not include a food processing plant.

 

     (i) "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 milliliters or greater.

 

     (iii) Sampling devices approved by the director.

 

     (j) "Sanitary standards" means the dairy equipment

 

construction standards or accepted dairy system operating practices

 

formulated by 1 of the following:

 

     (i) 3-A sanitary standards committees representing the

 

International Association for Food Protection, the United States

 

Public Health Service, the United States Department of Agriculture,

 

and the dairy industry committee as approved by the director.

 

     (ii) If sanitary standards are not available for a particular

 

piece of equipment, general sanitary construction standards for

 

dairy equipment formulated by the United States Department of

 

Agriculture or the United States Food and Drug Administration as

 

approved by the director.

 

     (iii) The equipment or practice is approved by bulletin of the

 

director on a case-by-case basis.

 

     (k) "Sell-by date" means the recommended last date of sale.

 

     (l) "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.

 

     (m) "Standard methods" means the seventeenth edition of

 

"Standard Methods for the Examination of Dairy Products", a

 

publication of published by the American Public Health Association,

 

incorporated by reference.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.