HOUSE BILL NO. 5603
A bill to amend 2001 PA 267, entitled
"Manufacturing milk law of 2001,"
by amending section 136 (MCL 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 to a final consumer or retail food establishment in this state if the raw milk and raw dairy products comply with this section.
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(2) Raw milk and raw dairy products must have a label that contains the following statement, "WARNING: unpasteurized milk and unpasteurized dairy products may contain disease-causing microorganisms. Individuals at the highest risk of disease from these microorganisms include newborns and infants; the elderly; pregnant women; individuals taking corticosteroids, antibiotics, or antacids; and individuals with a chronic illness or another condition that weakens immunity.". The label described in this subsection must be in at least 12-point boldfaced type.
(3) 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:
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. |
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. |
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. |
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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 comply with the following requirements:
(a) All thermally processed milk and milk 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 products packaged in hermetically sealed containers comply with the regulations of the United States food and drug administration 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 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.