FOOD LAW (EXCERPT)
Act 92 of 2000
289.3119 Additional license fees; collection; exemptions; adjustments; forwarding applications.
(1) Except as otherwise provided for in subsection (2), upon submission of an application, an applicant for a food service establishment license shall pay to the local health department having jurisdiction the required fees authorized by section 2444 of the public health code, MCL 333.2444, and an additional state license fee as follows:
| (a) Vending machine location fee .............
| (b) Temporary food service establishment......
| (c) Food service establishment................
| (d) Mobile food establishment commissary......
| (e) Special transitory food unit..............
(2) When licensing a special transitory food unit, a local health department shall impose a fee of $135.00, which includes the additional state license fee imposed under subsection (1) unless exempted under subsection (4) or (5).
(3) The state license fee required under subsection (1) shall be collected by the local health department at the time the license application is submitted. The state license fee is due and payable by the local health department to the state within 60 days after the fee is collected.
(4) A charitable, religious, fraternal, service, civic, or other nonprofit organization that has tax-exempt status under section 501(c)(3) of the internal revenue code, 26 USC 501, is exempt from paying additional state license fees imposed under this section except for the vending machine location license fee. This subsection does not restrict the ability of the governing board of a local health department or authority to fix, revoke, or amend fees as further authorized and described under section 2444 of the public health code, MCL 333.2444. An organization seeking an exemption under this subsection shall furnish to the department or a local health department evidence of its tax-exempt status.
(5) A veteran who has a waiver of a license fee under the circumstances described in 1921 PA 359, MCL 35.441 to 35.443, is exempt from paying the fees prescribed in this section.
(6) The department shall adjust on an annual basis the fees prescribed by subsections (1) and (2) by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit consumer price index but not to exceed 5%. As used in this subsection, "Detroit consumer price index" means the most comprehensive index of consumer prices available for the Detroit area from the bureau of labor statistics of the United States department of labor or its successor. The adjustment shall be rounded to the nearest dollar to set each year's fee under this subsection, but the absolute value shall be carried over and used to calculate the next annual adjustment.
(7) The local health department shall forward the license applications to the department with appropriate recommendations.
History: 2000, Act 92, Eff. Nov. 8, 2000
Am. 2002, Act 487, Imd. Eff. June 27, 2002
Am. 2007, Act 113, Eff. Jan. 1, 2008
Am. 2008, Act 375, Imd. Eff. Dec. 23, 2008
Compiler's Notes: Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
© 2009 Legislative Council, State of Michigan