As used in this act:

(a) “Sample transfer instrument” means any of the following:

Terms Used In Michigan Laws 288.577

  • Department: means the Michigan department of agriculture. See Michigan Laws 288.572
  • Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 288.572
  • Federal act: means the federal food, drug, and cosmetic act, 21 USC 301 to 321, 331 to 360dd, 360hh to 376, and 378 to 399. See Michigan Laws 288.573
  • 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 288.574
  • Milk tank truck: means both a bulk milk pickup tanker and a milk transport tank. See Michigan Laws 288.574
  • Processor: means the owner or operator of a dairy plant. See Michigan Laws 288.576
  • 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. See Michigan Laws 288.577

  • Sanitizing: means the application of any effective method or sanitizing agent in compliance with the federal act to a clean surface for the destruction of pathogens and other organisms as far as is practicable. See Michigan Laws 288.577
  • Scheduled process: means the aseptic process selected by the processor as adequate under the conditions of manufacture for a given product to be free of viable microorganisms having a public health significance as well as microorganisms of nonhealth significance capable of reproducing in the food under normal nonrefrigerated conditions. See Michigan Laws 288.577
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o

(i) Individually wrapped, sterile, single-service sampling tubes.

(ii) Stainless steel metal dippers, with long handles having capacities of 10 ml. or greater.

(iii) Sampling devices approved by the director.

(b) “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.

(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 food and drug administration.

(iii) The equipment or practice approved by the director on a case-by-case basis.

(c) “Sanitizing” means the application of any effective method or sanitizing agent in compliance with the federal act to a clean surface for the destruction of pathogens and other organisms as far as is practicable.

(d) “Scheduled process” means the aseptic process selected by the processor as adequate under the conditions of manufacture for a given product to be free of viable microorganisms having a public health significance as well as microorganisms of nonhealth significance capable of reproducing in the food under normal nonrefrigerated conditions. Scheduled process includes an aseptic process that may be in excess of that necessary to ensure destruction of microorganisms of public health significance but at least equivalent to the process established by a competent processing authority to achieve commercial sterility under 21 CFR part 113.

(e) “Standard methods” means the sixteenth edition of “Standard Methods for the Examination of Dairy Products”, published by the American public health association, dated 1992, incorporated by reference.

(f) “Sterilization or aseptic processing” means the complete destruction of living organisms by 1 of the following methods:

(i) Heating a container and its contents to a temperature between 212°F (100°C) to 280°F (138°C) for a period of time established by the scheduled process or by the department.

(ii) Creating a continuous product flow above a temperature of 280°F (138°C) for a period of time established by the scheduled process or by the department.

(iii) Employing a process described in subdivision (i) or (ii), and following packaging of the sterilized product, applying a heat treatment approved by the department.

(g) “Sterilized or aseptic milk and dairy products” means products hermetically sealed in a container and thermally processed or otherwise processed so as to render the product free of microorganisms capable of reproducing in the product under normal nonrefrigeration conditions of storage and distribution and free of viable microorganisms including spores of public health significance.

(h) “Transfer station” means any place, premises, or establishment where milk or dairy products are transferred directly from 1 milk tank truck to another.

(i) “Verified financial statement” means a financial statement that contains a notarized statement, signed and sworn to by an authorized representative of the dairy plant, attesting that the financial statement is correct.

(j) “Wholesale” means selling or offering to sell dairy products to retailers, jobbers, or distributors rather than directly to a consumer.