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Article V
Article VI

Terms Used In Michigan Laws > Chapter 288 > Act 266 of 2001 - Grade a Milk Law of 2001

  • Administrator: means a local governmental unit, or a nonprofit community organization under contract with a local governmental unit. See Michigan Laws 125.2702
  • Administrator: means a local governmental unit or a nonprofit community organization under contract with a local governmental unit to administer a homestead program under this act. See Michigan Laws 125.2762
  • Adulterated: means food or milk to which any of the following apply:
  (i) It bears or contains any poisonous or deleterious substance that may render it injurious to health except that, if the substance is not an added substance, the food or milk is not considered adulterated if the quantity of that substance in the food or milk does not ordinarily render it injurious to health. See Michigan Laws 288.472
  • advertisement: means a representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or is likely to induce, directly or indirectly, the purchase of milk or milk products. See Michigan Laws 288.472
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2702
  • Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2722
  • Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2742
  • Applicant: means an individual and the spouse of that individual if that spouse intends to occupy the property with the individual. See Michigan Laws 125.2762
  • Approved laboratory: means a laboratory that is listed in the national conference of interstate milk shipments list of sanitation compliance and enforcement ratings distributed by the United States food and drug administration and as approved by the director. See Michigan Laws 288.472
  • Approved sample container: means a presterilized, suitable nontoxic single service container of adequate size that complies with the requirements of standard methods. See Michigan Laws 288.472
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Audited financial statement: means a fiscal year end financial statement prepared by a certified public accountant according to generally accepted accounting principles. See Michigan Laws 288.472
  • Bulk milk pickup tanker: means a vehicle, including truck, tank, and those appurtenances necessary for its use, used by a bulk milk hauler/sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station, or transfer station. See Michigan Laws 288.473
  • casino: means a casino or a parking lot, hotel, motel, or retail store owned or operated by a casino, an affiliate, or an affiliated company, regulated by this state pursuant to the Michigan gaming control and revenue act, the Initiated Law of 1996, MCL 432. See Michigan Laws 125.2782
  • certificate: means the certificate issued pursuant to section 6. See Michigan Laws 125.2782
  • Commercial housing property: means that portion of real property not occupied by an owner of that real property that is classified as residential real property under section 34c of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 125.2782
  • Commercial property: means land improvements classified by law for general ad valorem tax purposes as real property including buildings and improvements assessable as real property pursuant to sections 8(d) and 14(6) of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 125.2782
  • Commission: means the state tax commission created by 1927 PA 360, MCL 209. See Michigan Laws 125.2782
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • dairy plant: means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, aseptically processed, packaged, or prepared for distribution. See Michigan Laws 288.474
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Michigan department of agriculture. See Michigan Laws 288.473
  • Department: means the department of treasury. See Michigan Laws 125.2782
  • Devise: To gift property by will.
  • Director: means the director of the Michigan department of agriculture or his or her designee. See Michigan Laws 288.473
  • Distributor: means a person other than a producer or processor who offers for sale, holds for sale, or sells at wholesale milk or milk products. See Michigan Laws 288.473
  • Dower: A widow
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: except as otherwise provided in this act, means a building or group of contiguous buildings. See Michigan Laws 125.2782
  • Farm tank: means the farm bulk milk tank, milk tank truck, or silo used for the storage or cooling, or both, of milk prior to pickup and transport from the farm. See Michigan Laws 288.473
  • 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 288.473
  • First receiving point: means the milk plant where the milk is first received for processing and manufacturing. See Michigan Laws 288.473
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Functionally obsolete: means that term as defined in section 2 of the brownfield redevelopment financing act, 1996 PA 381, MCL 125. See Michigan Laws 125.2782
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • Homestead agreement: means a written contract between a resident organization or successor entity and a qualified buyer that contains the terms under which the qualified buyer may acquire the public housing property. See Michigan Laws 125.2722
  • Homestead agreement: means a written contract between a housing commission and a qualified buyer that contains the terms under which the qualified buyer may acquire the single-family public housing property. See Michigan Laws 125.2762
  • Housing commission: means a housing commission or housing authority as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2722
  • Housing commission: means a housing commission or housing authority as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2762
  • Housing project: means that term as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2722
  • Housing project: means that term as defined under section 3 of the housing cooperation law, 1937 PA 293, MCL 125. See Michigan Laws 125.2762
  • Imminent or substantial health hazard: means a determination of the director of either or both of the following:
  •   (i) A condition that exists at a dairy farm or dairy plant requiring immediate action to prevent endangering the public health or safety. See Michigan Laws 288.474
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Label: means a display of written, printed, or graphic matter upon the immediate container of any article conforming to a requirement imposed under this act that any word, statement, or other information appearing on the label appears on the outside container or wrapper of the retail package of the article or be easily legible through the outside container or wrapper. See Michigan Laws 288.474
  • Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying the article. See Michigan Laws 288.474
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2702
  • Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2722
  • Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2742
  • Local governmental unit: means a county, city, village, or township. See Michigan Laws 125.2762
  • Michigan state housing development authority: means the Michigan state housing development authority created under section 21 of the state housing development authority act of 1966, 1966 PA 346, MCL 125. See Michigan Laws 125.2722
  • Michigan state housing development authority: means the Michigan state housing development authority created under section 21 of the state housing development authority act of 1966, 1966 PA 346, MCL 125. See Michigan Laws 125.2762
  • 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
  • Milk buyer: means any producer, milk producer marketing organization, milk plant, receiving station, transfer station, or bulk milk hauler that either takes delivery of raw milk or raw milk product or manages the sale of the raw milk or raw milk product, or both. See Michigan Laws 288.474
  • Milk tank truck: means both a bulk milk pickup tanker and a milk transport tank. See Michigan Laws 288.475
  • Milk tank truck cleaning facility: means any place, premises, or establishment, separate from a milk plant, receiving station, or transfer station where a milk tank truck is cleaned and sanitized. See Michigan Laws 288.475
  • Milk transport tank: means a vehicle, including the truck and tank, used by a bulk milk hauler/sampler to transport bulk shipments of milk from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station. See Michigan Laws 288.475
  • Milk transportation company: means the company that is the person responsible for a milk tank truck. See Michigan Laws 288.475
  • Misbranded: means food to which any of the following apply:
  •   (i) Its labeling is false or misleading in any particular. See Michigan Laws 288.475
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nonprofit community organization: means an organization exempt from taxation under section 501(c)(3) of the internal revenue code of 1986 with experience in housing issues and that contracts with a local governmental unit to administer an urban homestead program under this act. See Michigan Laws 125.2702
  • Nonprofit community organization: means an organization exempt from taxation under section 501(c)(3) of the internal revenue code of 1986 with experience in housing issues and that contracts with a housing commission to administer an urban homesteading program for single-family public housing under this act. See Michigan Laws 125.2762
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obsolete property: means commercial property or commercial housing property, that is 1 or more of the following:
  •   (i) Blighted, as that term is defined in section 2 of the brownfield redevelopment financing act, 1996 PA 381, MCL 125. See Michigan Laws 125.2782
  • Obsolete property rehabilitation district: means an area of a qualified local governmental unit established as provided in section 3. See Michigan Laws 125.2782
  • 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
  • Other security: means a mutually acceptable producer security agreement, acceptable to the director, approved and signed by the milk buyer and all milk sellers selling milk to that milk buyer. 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
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • PMO: means the Grade "A" Pasteurized Milk Ordinance, 2017 revision, published by the United States Department of Health and Human Services. See Michigan Laws 288.476
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Program: means the urban homesteading program for vacant land described in this act. See Michigan Laws 125.2742
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified buyer: means an applicant who meets the criteria in section 4. See Michigan Laws 125.2702
  • Qualified buyer: means an applicant who meets the criteria in section 6. See Michigan Laws 125.2722
  • Qualified buyer: means an applicant who meets the criteria in section 4. See Michigan Laws 125.2762
  • Qualified loan rate: means an interest rate not to exceed the adjusted prime rate determined in section 23 of 1941 PA 122, MCL 205. See Michigan Laws 125.2702
  • Qualified local governmental unit: means 1 or more of the following:
  •   (i) A city with a median family income of 150% or less of the statewide median family income as reported in the 1990 federal decennial census that meets 1 or more of the following criteria:
      (A) Contains or has within its borders an eligible distressed area as that term is defined in section 11(u)(ii) and (iii) of the state housing development authority act of 1966, 1966 PA 346, MCL 125. See Michigan Laws 125.2782
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Receiving station: means a place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and is prepared for further transporting. 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
  • Rehabilitated facility: means a commercial property or commercial housing property that has undergone rehabilitation or is in the process of being rehabilitated, including rehabilitation that changes the intended use of the building. See Michigan Laws 125.2782
  • Rehabilitation: means changes to obsolete property other than replacement that are required to restore or modify the property, together with all appurtenances, to an economically efficient condition. See Michigan Laws 125.2782
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resident organization: means a group of residents made up of not less than 50% of total residents of the specific housing project who contract with a housing commission to manage that housing project for not less than 5 years with the intent to acquire legal ownership of the housing project under this act. See Michigan Laws 125.2722
  • Retail: means selling or offering for sale dairy products directly to a consumer. See Michigan Laws 288.476
  • Retail food establishment: means an operation that sells or offers to sell food directly to a consumer. See Michigan Laws 288.476
  • Sample transfer instrument: means any of the following:
  •   (i) Individually wrapped, sterile, single-service sampling tubes. 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
  • seal: shall be construed to include any of the following:
  •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • Sell-by date: means the recommended last date of sale. See Michigan Laws 288.476
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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. See Michigan Laws 288.476
  • 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. 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
  • Taxable value: means the value determined under section 27a of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 125.2782
  • Testator: A male person who leaves a will at death.
  • Transfer station: means any place, premises, or establishment where milk or milk products are transferred directly from 1 milk tank truck to another. See Michigan Laws 288.477
  • 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
  • Vacant property: means surplus vacant residential property owned by the local governmental unit. See Michigan Laws 125.2742
  • Verified financial statement: means a financial statement that contains a notarized statement, signed and sworn to by an authorized representative of the milk plant, attesting that the financial statement is correct. See Michigan Laws 288.477
  • Wholesale: means selling or offering to sell dairy products to retailers, jobbers, or distributors rather than directly to a consumer. See Michigan Laws 288.477