Section 288.520 - Conduct resulting in revocation, suspension, or summary suspension of license or permit; administrative action; notice to each producer; time period for licensee or permittee to rega
GRADE A MILK LAW OF 2001 (EXCERPT)
Act 266 of 2001
288.520 Conduct resulting in revocation, suspension, or summary suspension of license or permit; administrative action; notice to each producer; time period for licensee or permittee to regain compliance and reinstatement.
Sec. 50.
(1) The director may revoke or suspend the license or permit of a licensee or permittee issued under this act or impose an administrative fine under section 53 for failure to comply with the requirements of this act, the pasteurized milk ordinance, or a rule promulgated under this act. A license or permit shall be revoked or suspended according to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) The department shall notify in writing each producer with whom a milk plant does business regarding the pendency of the administrative action not less than 5 days before the date for the formal hearing set under subsection (1).
(3) The director may revoke or suspend a license or permit issued under this act, or impose an administrative fine pursuant to section 53, upon determining that the licensee or permittee has done 1 or more of the following:
(a) Failed to provide supplementary or interim information or information required to be supplied to the department under this act or information requested by the director under article III or IV.
(b) Failed to provide a security device in the amount and manner required by the director under article IV.
(c) Knowingly provided false or fraudulent information or made a material misrepresentation on an application.
(d) Knowingly provided false or fraudulent information or made a material misrepresentation in response to a request for information by the department.
(e) Failed to pay a producer in the manner provided in section 40.
(f) Failed to agitate milk in the farm bulk milk tank before taking a sample for delivery to the milk plant or the department.
(g) Failed to take the sample for analysis in accordance with the procedures set forth in the pasteurized milk ordinance, standard methods, and this act.
(h) Picked up grade A milk the temperature of which exceeds 45 degrees Fahrenheit (7 degrees Celsius).
(i) Failed to accurately report the weight or temperature of grade A milk picked up from a farm bulk milk tank.
(j) In the case of a milk plant, failed to provide a security device described in article IV.
(k) Adulterated milk or milk products.
(l) Failed to pay a final civil or administrative fine issued under this act.
(m) Violated this act, the pasteurized milk ordinance adopted under this act, or a rule promulgated under this act.
(4) The director may summarily suspend a license or permit issued under this act upon determining that the licensee or permittee has done 1 or more of the following:
(a) Offered for sale or sold milk or milk products from diseased animals, or animals otherwise considered abnormal, that have been incorporated with milk or milk products from normal healthy animals.
(b) Offered for sale or sold milk or milk products suspected of being contaminated with any substance considered by the department to be an imminent or substantial health hazard.
(c) Offered for sale or sold milk or milk products from production, transportation, packaging, or storage facilities that have such an accumulation of trash, rubbish, dirt, insects, vermin, human or animal wastes, or spoiled milk or milk products that precludes the reasonable protection of the milk or milk products from contamination.
(d) Offered for sale or sold milk or milk products produced in equipment with a significant portion of the milk contact surfaces covered with an accumulation of residues that were left after having gone through a cleaning regimen and that are thick enough that they may be easily scraped to form a body of solids.
(e) Offered for sale or sold milk or milk products stored in a container of unapproved construction.
(f) Received or picked up milk or milk products stored in a container of unapproved construction.
(g) Offered for sale or sold milk or milk products produced from dairy animals with a majority of the milking herd with an excessive accumulation of manure on the flanks, bellies, or udders that precludes the reasonable protection of the milk from contamination during the milking process.
(h) Offered for sale or sold milk that was of inadequate volume to properly agitate after the first milking.
(i) Offered for sale or sold milk or milk products produced with excessive sediment.
(j) Interfered with inspection of milk or milk products.
(k) Maintained dead animals on the premises in a manner inconsistent with 1982 PA 239, MCL 287.651 to 287.683.
(l) Maintained a minimum of 3 of the last 5 official bacteria counts illegal.
(m) Maintained a minimum of 3 of the last 5 official somatic cell counts illegal.
(n) Maintained a minimum of 3 of the last 5 official milk or milk product cooling temperatures illegal.
(o) Failed to provide milk or milk products free of violative drug residues based on tests approved by the food and drug administration.
(p) Offered for sale or sold milk or milk products that present an imminent or substantial health hazard due to improper or unknown storage temperature.
(q) Offered for sale or sold milk or milk products that present an imminent or substantial health hazard due to improper allergen labeling.
(r) Knowingly possessed, sold, offered for sale, or purchased any milk or milk product for use in a human food product that has been condemned under this act.
(s) Offered for sale or sold packaged milk or milk products that present an imminent or substantial health hazard due to improper pasteurization times or temperatures outside the requirements set forth in the PMO.
(t) Any other condition that creates an imminent threat to the public health, safety, or welfare.
(5) When the director suspends a license or permit under subsection (4), the licensee or permittee shall be allowed a minimum of 72 hours to regain compliance and reinstatement of the license or permit prior to scheduling an administrative hearing.
History: 2001, Act 266, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 136, Eff. June 20, 2008