§ 59a.416. Enforcement: Seizure, condemnation, denaturing or destruction of raw milk; exclusion from sale.
(a) Seizure, condemnation, denaturing or destruction of raw milk. Whenever, in the opinion of the Secretary, a given supply of raw milk or raw milk products is considered unsafe or a menace to public health, the Secretary may seize, condemn, denature or destroy the milk or milk products, without compensation to the owner of the milk or milk products. Examples of circumstances under which raw milk or raw milk products may be unsafe or a menace to public health include situations when raw milk or raw milk products have been produced in violation of the act, the Food Safety Act or this chapter and these violations relate to handling and sanitation, when herd health conditions risk the transmittal of disease through the milk or milk products or when pathogenic bacteria are present in the raw milk permitholder’s raw milk supply,
(b) Excluding milk from sale. The Department may exclude raw milk or raw milk products from sale in either of the following circumstances:
(1) The Secretary considers the raw milk or raw milk products to be unsafe or a menace to public health.
(2) If a raw milk permitholder violates a provision of the act or this chapter.
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