Section 288.503 - Activities requiring license or permit; fees; license renewals; application for initial grade A dairy farm permit; rates; payment; submission of invoice by milk buyer; assessment of
GRADE A MILK LAW OF 2001 (EXCERPT)
Act 266 of 2001
288.503 Activities requiring license or permit; fees; license renewals; application for initial grade A dairy farm permit; rates; payment; submission of invoice by milk buyer; assessment of plan review fee; fee for consecutive reinspections.
Sec. 33.
(1) Each receiving station or transfer station must be licensed or permitted either as part of a milk plant or as a stand-alone facility. Each stand-alone facility will be licensed or permitted at a rate of $250.00 per year. License renewal shall take place on June 30 every year.
(2) Each milk tank truck cleaning facility that cleans milk contact surfaces of milk tank trucks used to haul milk or milk products regulated under this act must be licensed or permitted under this act either as part of a milk plant, receiving station, or transfer station or a stand-alone milk tank truck cleaning facility. A licensing or permitting fee shall not be charged under this act for a milk tank truck cleaning facility that is a part of a dairy plant, receiving station, or transfer station licensed or permitted under the manufacturing milk law of 2001. Each stand-alone facility will be licensed or permitted at a rate of $250.00 per year. License renewal shall take place on June 30 every year.
(3) Each milk transportation company must be licensed or permitted under this act at a rate of $50.00 per year. License renewal shall take place on June 30 every year.
(4) Each milk tank truck must be licensed or permitted under this act at a rate of $20.00 per year. License renewal shall take place on June 30 every year.
(5) Each distributor who is primarily engaged in the distribution of finished grade A milk products must be licensed or permitted under this act either as part of a milk plant or as a stand-alone distributor. Each stand-alone distribution facility is licensed at a rate of $100.00 per year. License renewal shall take place on June 30 every year.
(6) Each single service containers and closures manufacturer must be licensed or permitted under this act either as part of a milk plant or as a stand-alone manufacturer. Each stand-alone facility will be licensed at a rate of $250.00 per year. License renewal shall take place on June 30 every year.
(7) A person shall not pick up grade A milk in a farm pickup milk tank from a farm bulk milk tank without a hauler/sampler license issued by the department under this section. Each applicant for a license shall be examined by the director under the provisions of this act to determine his or her qualifications to evaluate milk in a farm bulk milk tank, to accurately measure milk in a farm bulk milk tank, to obtain representative samples of milk from a farm bulk milk tank, to properly handle and deliver the samples, and to pick up milk. The license fee is $50.00 for 2 years. An initial license fee may be prorated in 1-year increments at $25.00 per increment. A hauler/sampler licensed or permitted in another state shall apply for a license from the department without examination after submitting satisfactory proof of training and current licensing in another state to the department with the license fee and application, unless this requirement is waived by the director based on reciprocal agreements with individual states. The director may deny license renewal to any bulk milk hauler/sampler if the bulk milk hauler/sampler has not had a satisfactory evaluation of their hauler/sampler methods in the previous 2 years. License renewal shall take place on June 30 every 2 years.
(8) An applicant for an initial grade A dairy farm permit shall apply to the department on a form supplied by the department and pay the annual fee as prescribed by this section.
(9) Each dairy farm producing grade A milk to be offered for sale shall be licensed or permitted annually at either of the following rates:
(a) If the dairy farm does not maintain adequate industry personnel, as determined by the director, who are approved to conduct certified industry farm inspections, $70.00.
(b) If the dairy farm maintains adequate industry personnel, as determined by the director, who are approved to conduct certified industry farm inspections, $25.00.
(10) The fee described in subsection (9) shall be paid to the department by June 30 every year.
(11) A milk buyer shall pay the annual license or permit fee on behalf of dairy farms and may submit an invoice to the dairy farms for reimbursement of the fee or may deduct the fee from the dairy farms' milk check. A milk buyer shall complete a form provided by the department that indicates the number of producers for which it is responsible and shall include a list of the producer names, addresses, and department permit numbers. The department may conduct audits to verify fee payments.
(12) The department may assess a plan review fee of $100.00 to a potential dairy licensee or permittee, to be paid prior to an on-site consultation. The plan review fee is not refundable and does not apply toward any future license fees.
(13) The department may assess a $300.00 fee on any licensee or permittee requiring the performance of 2 or more consecutive reinspections for compliance of items found in violation of this act.
History: 2001, Act 266, Eff. Feb. 8, 2002 ;-- Am. 2010, Act 41, Imd. Eff. Mar. 31, 2010