Sec. 114.
(1) The director may summarily suspend a license or permit issued under this act upon determining that the licensee or permittee had done 1 or more of the following:
(a) Offered for sale or sold milk or dairy products from diseased animals, or otherwise considered abnormal, that has been incorporated with milk or dairy products from normal healthy animals.
(b) Offered for sale or sold milk or dairy products that are not pasteurized according to the requirements set forth in section 137, except as allowed in section 138, or that are 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 dairy 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 dairy products that precludes the reasonable protection of the milk or dairy products from contamination.
(d) Offered for sale or sold milk or dairy 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 dairy products stored in a container of unapproved construction.
(f) Received or picked up milk or dairy products stored in a container of unapproved construction.
(g) Offered for sale or sold milk or dairy 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 or dairy products that was of inadequate volume to properly agitate after the first milking.
(i) Offered for sale or sold milk or dairy products produced with excessive sediment.
(j) Interfered with inspection conducted by the department.
(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 dairy product cooling temperatures illegal.
(o) Failed to provide milk or dairy products free of violative drug residues based on tests approved by the United States food and drug administration.
(p) Offered for sale or sold milk or milk products that present an imminent health hazard due to improper or unknown storage temperature.
(q) Offered for sale or sold milk or milk products that present an imminent health hazard due to improper allergen labeling.
(r) Any other condition that creates an imminent or substantial threat to the public health, safety, or welfare.
(2) If the director summarily suspends a license or permit under subsection (1), the licensee or permittee shall be allowed a minimum of 72 hours to demonstrate compliance and obtain reinstatement of the license or permit before scheduling an administrative hearing.
(3) If the department has provided notice to a licensee or permittee as required by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and subsequently determines that summary suspension of the license or permit is necessary to prevent an imminent threat of financial loss to 1 or more producers with whom the licensee or permittee does business, the director may summarily suspend the license or permit. The director shall incorporate the determination in his or her order of summary suspension. The summary suspension may be ordered effective on the date specified in the order or the date of service upon the licensee, whichever is later, and is effective during the proceedings unless rescinded or otherwise modified. The department shall promptly commence and determine the proceedings.
History: 2001, Act 267, Eff. Feb. 8, 2002 ;-- Am. 2008, Act 147, Eff. June 27, 2008
Structure Michigan Compiled Laws
Act 267 of 2001 - Manufacturing Milk Law of 2001 (288.561 - 288.740)
Article 11 - (288.670...288.686)
Section 288.670 - License or Permit.
Section 288.671 - Milk Products Manufactured at Retail Food Establishments; Exemption.
Section 288.676 - Condition to Issuance and Maintenance of License; Security Required; Exemption.
Section 288.677 - Audited Financial Statement.
Section 288.679 - Cash Prepayments.