November 12, 2009, Introduced by Rep. Cushingberry and referred to the Committee on Appropriations.
A bill to amend 2001 PA 267, entitled
"Manufacturing milk law of 2001,"
by amending section 110 (MCL 288.670), as amended by 2008 PA 147.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 110. (1) A person shall not do any of the following
without being licensed under this act or the grade A milk law of
2001:
(a) Produce milk that is offered for sale.
(b) Collect milk samples for regulatory purposes.
(c) Operate a milk transportation company that owns or
operates a can milk truck.
(d) Process, label, or sell milk or manufactured dairy
products, except that a person operating a retail food
establishment is exempt from licensure under this act if he or she
complies with section 111 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.
(2) A person licensed under the grade A milk law of 2001 and
engaged in activities regulated under that act and activities
regulated under this act is exempt from licensure under this act.
(3) A person licensed under the grade A milk law of 2001 or
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.
(4) The director may issue a temporary license or permit for
activities regulated under this act.
(5) 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 otherwise required to be in compliance with this
act.
(6) An applicant for an initial manufacturing grade dairy farm
permit shall complete education on drug residue avoidance control
measures acceptable to the director before receiving the permit.
(7) An applicant for an initial license as a dairy plant shall
apply to the department on a form supplied by the department and
provide a statement containing the following:
(a) The dairy plant's correct legal name and any name by which
the dairy plant is doing business. If the dairy plant is a person
not an individual, the name of each officer and director, and
partner, member, or owner owning in excess of 35% of equity or
stock.
(b) The location of the dairy plant to which the statement
pertains and the name of the responsible person who may be
contacted at that location.
(c) The anticipated value of greatest milk receipts the dairy
plant expects to receive during a consecutive 30-day period within
the licensing period.
(d) A list of producers, including names, mailing addresses,
and department producer permit number, with whom the dairy plant
intends to do business except that not later than 90 days after
becoming licensed for the first time, the dairy plant shall send an
updated list to the department.
(e) The name of the financial institution through which milk
checks are to be issued to producers.
(8) A dairy plant shall annually renew a license issued under
this act by applying to the department at least 30 days prior to
the expiration of the existing license. The anniversary date of a
license for a dairy plant that is providing a financial statement
as a security device shall be 130 days after the close of the
licensee's fiscal year. The dairy plant shall apply for renewal of
a license on a form supplied by the department and provide a
statement containing the following:
(a) The dairy plant's correct legal name and any name by which
the dairy plant is doing business. If the dairy plant is a person
not an individual, the name of each officer and director, and
partner, member, or owner owning in excess of 35% of equity or
stock.
(b) The location of the dairy plant to which the statement
pertains and the name of the responsible person who may be
contacted at that location.
(c) The greater of either the value of greatest milk receipts
that the dairy plant received within a consecutive 30-day period
during its last license year or the greatest milk receipts that the
dairy plant is anticipated to receive during a consecutive 30-day
period within the licensing period.
(d) A complete list of producers, including names, mailing
addresses, and department producers permit number, with whom the
dairy plant is doing business.
(e) The name of the financial institution through which milk
checks are issued to producers.
(9) Each dairy plant shall pay a $50.00 annual licensing or
permitting fee.
(10) Each receiving station or transfer station shall be
licensed or permitted either as part of a dairy plant or as a
stand-alone facility. Each stand-alone facility will be licensed or
permitted at a rate of $50.00 per year. License renewal shall take
place on June 30 every year.
(11) Each milk tank truck cleaning facility shall be licensed
or permitted under this act either as part of a dairy plant,
receiving station or transfer station, or as a stand-alone milk
tank truck cleaning facility, or under the grade A law of 2001. Any
milk tank truck cleaning facility that washes the milk contact
surfaces of milk tank trucks used to haul grade A milk shall be
licensed under the grade A law of 2001. Each stand-alone facility
will be licensed or permitted at a rate of $50.00 per year. License
renewal shall take place on June 30 every year.
(12) Each single service containers and closures manufacturer
shall be licensed or permitted under this act either as part of a
dairy plant or as a stand-alone manufacturer. Each stand-alone
facility will be licensed at a rate of $50.00 per year. License
renewal shall take place on June 30 every year.
(13) A person shall not pick up manufacturing grade milk in a
farm pickup milk tank from a farm bulk milk tank without a
hauler/sampler license issued by the department under the grade A
law of 2001. Each milk tank truck or can milk truck shall be
licensed or permitted under this act or as required under the grade
A milk law of 2001 at a rate of $10.00 per year. License or permit
renewal shall take place on June 30 every year.
(14) Each dairy farm from which milk is sold or offered for
sale and which is required to be licensed under this section shall
pay a dairy inspection assessment fee of 1 cent per hundred pounds
of milk sold per year. The fee imposed in this subsection is due
June 30 of each year.
(15) (14)
The director may issue a temporary
license or permit
if the director determines that issuance of the license or permit
will not be detrimental to the protection of the public health,
safety, or welfare or will not cause an imminent threat of
financial loss to producers.
(16) (15)
A political subdivision of the
state shall not levy
special license fees or taxes on 1 or more of the persons or
businesses described in this section except for taxes or fees that
are generally levied on persons or businesses other than dairy
plants and dairy plant operators.
(17) (16)
The director shall examine the
books, records, and
accounts of a dairy plant if the dairy plant has not responded to
requests from the director regarding a security device described in
sections 117, 118, and 119. All examinations of books, records, and
accounts required under this subsection shall be made within this
state.
(18) (17)
All applicants for a permit or
license must complete
an application provided by the department and meet the minimum
requirements of this act or the grade A law of 2001, and rules
promulgated under this act.
(19) (18)
Any fees, assessments, civil or
administrative
fines, and money from any other source collected by the department
under this act shall be deposited into the dairy and food safety
fund created in section 4117 of the food law of 2000, MCL 289.4117.
(20) (19)
The department may impose a late
fee of $10.00 for a
renewal application for each business day the application is late.
The total late fee shall not exceed $100.00. The department shall
not issue or renew a license until any fees and fines have been
paid. A hearing is not required regarding the department’s refusal
to issue or renew a license under this subsection except as allowed
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328. The department may charge a convenience fee and
collect from the applicants any additional costs associated with
the method of fee payment for the license or permit fees described
in this section and section 110a, not to exceed the costs to the
department.