HOUSE BILL NO. 6494

A bill to amend 2000 PA 92, entitled

"Food law,"

by amending section 6140 (MCL 289.6140), as added by 2007 PA 114.

the people of the state of michigan enact:

Sec. 6140. (1) Only Except as otherwise provided under subsection (4), only pasteurized ingredients from a department-approved source shall be used for milk and milk products manufactured, sold, served, or prepared at a retail food establishment. Such Pasteurized ingredients include, but are not limited to, milk, milk solids, whey, nonfat dry milk, condensed milk, cream, skim milk, eggs, and egg products.

(2) Ingredients that may be subsequently added to milk or milk products are those flavorings or other ingredients that have been found to be safe and suitable and added in a manner to prevent contamination, including, but not limited to, the following:

(a) Ingredients permitted by a standard of identity for milk or milk products under the federal act or regulations.

(b) Fresh fruits and vegetables added to cultured milk and cultured milk products provided the resultant equilibrium pH level (4.6 or below when measured at 24 degrees Celsius (75 degrees Fahrenheit)) of the finished product is reached without undue delay and is maintained during the shelf life of the product.

(c) Ingredients subjected to prior heating sufficient to destroy pathogenic microorganisms such as roasted nuts or dried fruits.

(d) Ingredients having a water activity (Aw) value of 0.85 or less.

(e) Ingredients having a high acid content (pH level of 4.6 or below when measured at 24 degrees Celsius (75 degrees Fahrenheit)) or high alkalinity (pH level greater than 11 when measured at 24 degrees Celsius (75 degrees Fahrenheit)).

(f) Dry sugars and salts.

(g) Flavor extracts having a high alcohol content.

(h) Safe and suitable bacterial cultures and enzymes.

(i) Other ingredients that have been found to be safe and suitable by the U.S. food United States Food and drug administration.Drug Administration.

(3) Retail food establishments that manufacture and wholesale milk and milk products must additionally be licensed pursuant to and meet requirements of the manufacturing milk law of 2001, 2001 PA 267, MCL 288.561 to 288.740, or the grade A milk law of 2001, 2001 PA 266, MCL 288.471 to 288.540.

(4) Unpasteurized milk, milk solids, whey, nonfat dry milk, condensed milk, cream, or skim milk may be used for unpasteurized milk and milk products manufactured, sold, served, or prepared at a retail food establishment, if the unpasteurized milk, milk solids, whey, nonfat dry milk, condensed milk, cream, or skim milk complies with section 70a of the manufacturing milk law of 2001, 2001 PA 267, MCL 288.630a.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6492 (request no. 06419'22) of the 101st Legislature is enacted into law.

Statutes affected:
House Introduced Bill: 289.6140