Terms Used In Michigan Laws 288.476

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dairy farm: means any place or premises where 1 or more dairy animals are kept for milking purposes, and from which a part or all of the milk is provided, sold, or offered for sale. See Michigan Laws 288.473
  • Department: means the Michigan department of agriculture. See Michigan Laws 288.473
  • Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 288.473
  • Food service establishment: means a fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, drive-in, industrial feeding establishment, private organization serving the public, rental hall, catering kitchen, delicatessen, theater, commissary, food concession, or similar place in which food or drink is prepared for direct consumption through service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public. See Michigan Laws 288.473
  • Milk: means the lacteal secretion, practically free from colostrum, obtained by the complete milking of 1 or more healthy cows, goats, sheep, or other dairy animals. See Michigan Laws 288.474
  • Offering for sale: means selling, offering to sell, holding for sale, preparing for sale, trading, bartering, offering as a gift as an inducement for sale of, and advertising for sale in any media. See Michigan Laws 288.475
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, partnership, company, limited liability company, cooperative, association, firm, trustee, educational institution, state or local government unit, or corporation. See Michigan Laws 288.476
  • Processor: means the owner or operator of a milk plant. See Michigan Laws 288.476
  • Producer: means a person that owns or operates a dairy farm and sells or distributes milk produced on that farm including a person that markets milk on behalf of a producer under a marketing agreement. See Michigan Laws 288.476
  • Registered name: means either a name that is registered as "doing business as" at the county clerk's office in the county in which the producer or processor resides or that is registered with this state as a legal entity registered to do business within this state under an assumed name. See Michigan Laws 288.476
  • Retail: means selling or offering for sale dairy products directly to a consumer. See Michigan Laws 288.476
  • Sanitary standards: means the dairy equipment construction standards or accepted dairy system operating practices formulated by 1 of the following:
  (i) 3-A sanitary standards committees representing the International Association for Food Protection, the United States Public Health Service, the United States Department of Agriculture, and the dairy industry committee as approved by the director. See Michigan Laws 288.476
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Trustee: A person or institution holding and administering property in trust.
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  •   As used in this act:
      (a) “Pasteurized milk ordinance” or “PMO” means the Grade “A” Pasteurized Milk Ordinance, 2017 revision, published by the United States Department of Health and Human Services.
      (b) “Person” means an individual, partnership, company, limited liability company, cooperative, association, firm, trustee, educational institution, state or local government unit, or corporation.
      (c) “Processor” means the owner or operator of a milk plant.
      (d) “Producer” means a person that owns or operates a dairy farm and sells or distributes milk produced on that farm including a person that markets milk on behalf of a producer under a marketing agreement.
      (e) “Receiving station” means a place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and is prepared for further transporting.
      (f) “Registered name” means either a name that is registered as “doing business as” at the county clerk’s office in the county in which the producer or processor resides or that is registered with this state as a legal entity registered to do business within this state under an assumed name. Registered name includes, but is not limited to, incorporations, corporations, limited liability companies, limited liability partnerships, and similar entities.
      (g) “Retail” means selling or offering for sale dairy products directly to a consumer.
      (h) “Retail food establishment” means an operation that sells or offers to sell food directly to a consumer. Retail food establishment includes both a retail grocery and a food service establishment but does not include a food processing plant.
      (i) “Sample transfer instrument” means any of the following:
      (i) Individually wrapped, sterile, single-service sampling tubes.
      (ii) Stainless steel metal dippers, with long handles having capacities of 10 milliliters or greater.
      (iii) Sampling devices approved by the director.
      (j) “Sanitary standards” means the dairy equipment construction standards or accepted dairy system operating practices formulated by 1 of the following:
      (i) 3-A sanitary standards committees representing the International Association for Food Protection, the United States Public Health Service, the United States Department of Agriculture, and the dairy industry committee as approved by the director.
      (ii) If sanitary standards are not available for a particular piece of equipment, general sanitary construction standards for dairy equipment formulated by the United States Department of Agriculture or the United States Food and Drug Administration as approved by the director.
      (iii) The equipment or practice is approved by bulletin of the director on a case-by-case basis.
      (k) “Sell-by date” means the recommended last date of sale.
      (l) “Single service containers and closures” means single use containers or parts of single use containers that become milk product contact surfaces when used for the storage, shipping, or marketing of milk or milk products.
      (m) “Standard methods” means the seventeenth edition of “Standard Methods for the Examination of Dairy Products”, published by the American Public Health Association, incorporated by reference.