HB-5130, As Passed Senate, May 31, 2012
HOUSE BILL NO. 5130
A bill to amend 2000 PA 92, entitled
"Food law of 2000,"
by amending sections 1101, 1105, 1107, 1109, 1111, 1113, 2119,
2125, 2127, 2129, 3103, 3105, 3125, 3127, 3133, 4102, 4103, 4105,
4111, 4117, 4123, 4125, 4127, 4129, 5101, 5105, 6101, 6107, 6129,
6135, 7101, 7113, 7133, 7137, and 8107 (MCL 289.1101, 289.1105,
289.1107, 289.1109, 289.1111, 289.1113, 289.2119, 289.2125,
289.2127, 289.2129, 289.3103, 289.3105, 289.3125, 289.3127,
289.3133, 289.4102, 289.4103, 289.4105, 289.4111, 289.4117,
289.4123, 289.4125, 289.4127, 289.4129, 289.5101, 289.5105,
289.6101, 289.6107, 289.6129, 289.6135, 289.7101, 289.7113,
289.7133, 289.7137, and 289.8107), section 1105 as amended by
2010 PA 113, section 1107 as amended by 2008 PA 338, sections
1109, 2119, 2125, 2129, 3103, 3125, 3127, and 4103 as amended by
2007 PA 113, section 4102 as added by 2010 PA 112, section 4105
as amended by 2010 PA 145, sections 4111, 4117, 4125, 5101, 5105,
6101, 6129, 7113, 7137, and 8107 as amended by 2007 PA 114, and
section 7101 as amended by 2002 PA 487, and by adding sections
2132, 4114, 7104, 7112, and 7114; and to repeal acts and parts of
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1101. This act shall be known and may be cited as the
2 "food law".
3 Sec. 1105. (1) As used in this act:
4 (a) "Adulterated" means food to which any of the following
6 (i) It bears or contains any poisonous or deleterious
7 substance that may render it injurious to health
except that, if
unless the substance is not an added
, the food is not
considered adulterated if and
the quantity of that substance in
10 the food does not ordinarily render it injurious to health.
11 (ii) It bears or contains any added poisonous or added
12 deleterious substance, other than a substance that is a pesticide
13 chemical in or on a raw agricultural commodity; a food additive;
14 or a color additive considered unsafe within the meaning of
subparagraph ( v ).subsection (2).
16 (iii) It is a raw agricultural commodity that bears or
17 contains a pesticide chemical considered unsafe within the
18 meaning of
subparagraph ( v ).subsection
19 (iv) It bears or contains any food additive considered unsafe
20 within the meaning of
subparagraph ( v ) provided that where
1 subsection (2). However, if a pesticide chemical has been used in
2 or on a raw agricultural commodity in conformity with an
3 exemption granted or
tolerance limitation prescribed under
subparagraph ( v ) subsection (2) and the raw agricultural
5 commodity has been subjected to processing, the residue of that
6 pesticide chemical remaining in or on that processed food is,
7 notwithstanding the provisions of
subparagraph ( v ) subsection
8 and this subdivision, not
be considered unsafe if that residue
9 or on the raw agricultural commodity has been removed to the
10 extent possible in good manufacturing practice and if the
11 concentration of that residue in the processed food when ready to
12 eat is not greater than the tolerance prescribed for the raw
13 agricultural commodity.
( v ) Any
added poisonous or deleterious substance, any food
additive, and pesticide chemical in or on a raw agricultural
commodity, or any color additive is considered unsafe for the
purpose of application of this definition, unless there is in
effect a federal regulation or exemption from regulation under
the federal act, meat inspection act, poultry product inspection
act, or other federal acts, or a rule adopted under this act
limiting the quantity of the substance, and the use or intended
use of the substance, and the use or intended use of the
substance conforms to the terms prescribed by the rule.
( vi ) It is
or contains a new animal drug or conversion
25 product of a new animal drug that is unsafe within the meaning of
26 section 360b of the federal act, 21 USC 360b.
( vii ) It
consists in whole or in part of a diseased,
1 contaminated, filthy, putrid, or decomposed substance or it is
2 otherwise unfit for food.
( viii ) It has
been produced, prepared, packed, or held
4 under insanitary conditions in which it may have become
5 contaminated with filth or in which it may have been rendered
6 diseased, unwholesome, or injurious to health.
( ix ) It is
the product of a diseased animal or an animal
8 that has died other than by slaughter or that has been fed
9 uncooked garbage or uncooked offal from a slaughterhouse.
( x ) Its
container is composed, in whole or in part, of
11 any poisonous or deleterious substance that may render the
12 contents injurious to health.
( xi ) A
valuable constituent has been in whole or in part
14 omitted or abstracted from the food; a substance has been
15 substituted wholly or in part for the food; damage or inferiority
16 has been concealed in any manner; or a substance has been added
17 to the food or mixed or packed with the food so as to increase
18 its bulk or weight, reduce its quality or strength, or make it
19 appear better or of greater value than it is.
( xii ) It is
confectionery and has partially or completely
21 imbedded in it any nonnutritive object except
in the case of any
nonnutritive object if, as
provided by rules, the object is of
23 practical functional value to the confectionery product and would
24 not render the product injurious or hazardous to health; it is
25 confectionery and bears or contains any alcohol other than
26 alcohol not in excess of 1/2 of 1% by volume derived solely from
27 the use of flavoring extracts; or it is confectionery and bears
1 or contains any nonnutritive substance except a nonnutritive
2 substance such as harmless coloring, harmless flavoring, harmless
3 resinous glaze not in excess of 4/10 of 1%, harmless natural wax
4 not in excess of 4/10 of 1%, harmless natural gum and pectin or
to any chewing gum by
reason of its containing harmless
6 nonnutritive masticatory substances which is in or on the
7 confectionery by reason of its use for some practical functional
8 purpose in the manufacture, packaging, or storage of such
9 confectionery if the use of the substance does not promote
10 deception of the consumer or otherwise result in adulteration or
11 misbranding in violation of
the provisions of this act. For the
12 purpose of avoiding or resolving uncertainty as to the
13 application of this subdivision, the director may issue rules
14 allowing or prohibiting the use of particular nonnutritive
( xiii ) It is
or bears or contains any color additive that
17 is unsafe within the meaning of
subparagraph ( v ).subsection
( xiv ) It has
been intentionally subjected to radiation,
19 unless the use of the radiation was in conformity with a rule or
20 exemption under this act or a regulation or exemption under the
21 federal act.
( xv ) It is
bottled water that contains a substance at a
23 level higher than allowed under this act.
24 (b) "Advertisement" means a representation disseminated in
25 any manner or by any means, other than by labeling, for the
26 purpose of inducing, or which is likely to induce, directly or
27 indirectly, the purchase of food.
1 (c) "Agricultural use operation" means a maple syrup
2 production facility or similar food establishment that finishes a
3 raw commodity and is integral to the agricultural production of,
4 and is located at, a farm. An agricultural use operation is not
5 considered a food
processing plant processor or retail processing
6 operation for purposes of personal or real property but must meet
7 those same standards and licensing requirements as prescribed in
8 this act.
9 (d) "Bed and breakfast" means a private residence that
10 offers sleeping accommodations to transient tenants in 14 or
11 fewer rooms for rent, is the innkeeper's residence in which the
12 innkeeper resides while renting the rooms to transient tenants,
13 and serves breakfasts, or other meals in the case of a bed and
14 breakfast described in section
1107(n)( ii ), 1107(t)(ii), at no
15 extra cost to its transient tenants. A bed and breakfast is not
considered a food service
establishment if exempt under section
1107(n)( ii ) 1107(t)(ii) or (iii).
18 (e) "Color additive" means a dye, pigment, or other
19 substance that is made by a process of synthesis or similar
20 artifice or is extracted, isolated, or otherwise derived, with or
21 without intermediate or final change of identity from a
22 vegetable, animal, mineral, or other source, or when added or
23 applied to a food or any part of a food is capable alone or
24 through reaction with other
substance substances of imparting
25 color to the food. Color additive does not include any material
26 that is exempt or hereafter is exempted under the federal act.
27 This subdivision does not apply to any pesticide chemical, soil
1 or plant nutrient, or other agricultural chemical solely because
2 of its effect in aiding, retarding, or otherwise affecting,
3 directly or indirectly, the growth of other natural physiological
4 process of produce of the soil and thereby affecting its color,
5 whether before or after harvest. Color includes black, white, and
6 intermediate grays.
7 (f) "Consumer" means an individual who is a member of the
8 public, takes possession of food, is not functioning in the
9 capacity of an operator of a food establishment or food
10 processor, and does not offer the food for resale.
with filth" means contamination
applicable to any food not contaminated
as a result of not being
13 securely protected from dust, dirt, and, as far as may be
14 necessary by all reasonable means, from all foreign or injurious
breakfast" means the serving of only
17 non-potentially-hazardous food such as a roll, pastry or
18 doughnut, fruit juice, or hot beverage, but may also include
19 individual portions of milk and other items incidental to those
21 (i) "Core item" means a provision in the food code that is
22 not designated as a priority item or a priority foundation item.
23 Core item includes an item that usually relates to general
24 sanitation, operational controls, sanitation standard operating
25 procedures (ssops), facilities or structures, equipment design,
26 or general maintenance.
food operation" means a person who produces
1 or packages cottage food products only in a kitchen of that
2 person's primary domestic residence within this state.
food product" means a food that is not
4 potentially hazardous food as that term is defined in the food
5 code. Examples of cottage food product include, but are not
6 limited to, jams, jellies, dried fruit, candy, cereal, granola,
7 dry mixes, vinegar, dried herbs, and baked goods that do not
8 require temperature control for safety. Cottage food product does
9 not include
potentially hazardous food regulated
10 CFR parts 113 and 114, examples of which include, but are not
11 limited to, meat and poultry products; salsa; milk products;
12 bottled water and other beverages; and home-produced ice
13 products. Cottage food product also does not include canned low-
14 acid fruits or acidified vegetables and other canned foods except
15 for jams, jellies, and preserves as defined in 21 CFR part 150.
(j) "Critical violation" or "critical item"
violation of the food code that the director determines is more
likely than other violations to contribute to food contamination,
illness to humans, or environmental health hazard.
(k) "Domestic residence" means a single-family dwelling
an area within a rental unit where a single person or family
actually resides. Domestic residence does not include either of
( i ) A
group or communal residential setting within any type
( ii ) An
outbuilding, shed, barn, or other similar structure.
27 (2) Any added poisonous or deleterious substance, food
1 additive, pesticide chemical in or on a raw agricultural
2 commodity, or color additive is considered unsafe for the purpose
3 of subsection (1)(a), unless there is in effect a federal
4 regulation or exemption from regulation under the federal act,
5 the federal meat inspection act, 21 USC 601 to 683, the poultry
6 products inspection act, 21 USC 451 to 472, or another federal
7 statute, or a rule limiting the quantity of the substance, and
8 the use or intended use of the substance, and the use or intended
9 use of the substance conforms to the terms prescribed by the
10 federal regulation or exemption or the rule.
11 Sec. 1107. As used in this act:
12 (a) "Department" means the
13 agriculture and rural development.
14 (b) "Director" means the director of the
of agriculture or his or
16 (c) "Domestic residence" means a single-family dwelling or
17 an area within a rental unit where a single person or family
18 actually resides. Domestic residence does not include either of
19 the following:
20 (i) A group or communal residential setting within any type
21 of structure.
22 (ii) An outbuilding, shed, barn, or other similar structure.
23 (d) "Egg" does not include a balut, which is an embryo
24 inside a fertile egg that has been incubated for a period
25 sufficient for the embryo to reach a specific stage of
26 development after which it is removed from incubation before
means a food safety audit, inspection,
2 or food safety and sanitation assessment, whether announced or
3 unannounced, that identifies violations or verifies compliance
4 with this act and determines the degree of active control by food
5 establishment operators over foodborne illness risk factors.
retail food establishment" means a retail
7 grocery that does both of the following:
8 (i) Serves or provides an unpackaged food for immediate
10 (ii) Provides customer seating in the food service area.
11 (g) "Fair" means a fair or exhibition operated and managed
12 under 1929 PA 11, MCL 46.151 to 46.153, or held by an
13 agricultural or horticultural society under 1855 PA 80, MCL
14 453.231 to 453.240.
concession" means a food concession, storage,
16 preparation, or dispensing operation at a state or county fair.
17 (i) "Farmers' market" means a public and recurring assembly
18 of farmers or their representatives selling directly to consumers
19 food and products that the farmers have produced themselves. In
20 addition, the market may include a variety of other vendors as
21 determined by market management.
act" means the federal food, drug, and
23 cosmetic act, chapter
675, 52 Stat. 1040, 21 USC 301 to
24 (k) "Festival" means an event, staged by a local community
25 or local organization, that centers on and celebrates a certain
26 aspect of that community or organization. Festival includes, but
27 is not limited to, a fair, art show, chili cook-off, car show,
1 hot air balloon festival, religious festival, drama festival, or
2 cultural festival.
3 (l) "First receiver" means a person who receives eggs from a
4 producer at any place of business and candles, grades, sorts,
5 packs, or packages the eggs.
means articles used for food or drink for
7 humans or other animals, chewing gum, and articles used for
8 components of any such article.
additive" means any substance, the intended
10 use of which, directly or indirectly, results in or may be
11 reasonably expected to result in its becoming a component or
12 otherwise affecting the characteristics of any food if that
13 substance is not generally recognized among experts as having
14 been adequately shown through scientific procedures to be safe
15 under the conditions of its intended use. Food additive includes
16 any substance intended for use in producing, manufacturing,
17 packing, processing, preparing, treating, packaging,
18 transporting, or holding food and includes any source of
19 radiation intended for any use. Food additive does not include
20 any of the following:
21 (i) A pesticide chemical in or on a raw agricultural
23 (ii) A pesticide chemical to the extent that it is intended
24 for use or is used in the production, storage, or transportation
25 of any raw agricultural commodity.
26 (iii) A color additive.
27 (iv) Any substance used in accordance with a sanction or
1 approval granted before the enactment of the food additives
2 amendment of 1958, Public Law 85-929, pursuant to the federal
3 act, the poultry products inspection act, 21 USC 451 to
4 or the federal meat inspection act,
of March 4, 1907,
2907, 34 Stat. 1258.21
USC 601 to 683.
code" means food code, 2005 2009
7 recommendations of the food and drug administration of the United
8 States public health service that regulates the design,
9 construction, management, and operation of certain food
establishment" means an operation where food
12 is processed, packed, canned, preserved, frozen, fabricated,
13 stored, prepared, served, sold, or offered for sale. Food
14 establishment includes, but
is not limited to, a food
plant processor, a food
warehouse, a food service
16 and a retail grocery. Food establishment does not include any of
17 the following:
18 (i) A charitable, religious, fraternal, or other nonprofit
19 organization operating a home-prepared baked goods sale or
20 serving only home-prepared food in connection with its meetings
21 or as part of a fund-raising event.
22 (ii) An inpatient food operation located in a health facility
23 or agency subject to licensure under article 17 of the public
24 health code, MCL 333.20101 to 333.22260.
25 (iii) A food operation located in a prison, jail, state mental
26 health institute, boarding house, fraternity or sorority house,
27 convent, or other facility where the facility is the primary
House Bill No. 5130 as amended May 22, 2012
1 residence for the occupants and the food operation is limited to
2 serving meals to the occupants as part of their living
processing plant processor" means a food
10 establishment that processes, manufactures, wholesales, packages,
11 labels, or stores food.
and does not provide food directly to a
consumer. Food processing
plant processor does not include a
13 maple syrup producer. Processing is an act, such as canning,
14 freezing, dehydrating, drying, distilling, extracting,
15 preserving, grinding, crushing, milling, washing, trimming,
16 packing, or otherwise preserving or changing the form of a food.
( l ) "Food safety and sanitation assessment"
18 or assessing specific food handling activities, events,
19 conditions, or management systems in an effort to determine their
20 potential effectiveness in controlling risks for foodborne
21 illness and required compliance with this act, accompanied by a
22 report of findings.
safety audit" means the methodical examination
24 and review of records, food sources, food handling procedures,
25 and facility cleaning and sanitation practices for compliance
26 with this act, accompanied by a report of findings. Food safety
27 audit includes checking or testing, or both, of observable
1 practices and procedures to determine compliance with standards
2 contained in or adopted by this act, accompanied by a report of
service establishment" means a fixed or mobile
5 restaurant, coffee shop, cafeteria, short order cafe,
6 luncheonette, grill, tearoom, sandwich shop, soda fountain,
7 tavern, bar, cocktail lounge, nightclub, drive-in, industrial
8 feeding establishment, private organization serving the public,
9 rental hall, catering kitchen, delicatessen, theater, commissary,
10 food concession, or similar place in which food or drink is
11 prepared for direct consumption through service on the premises
12 or elsewhere, and any other eating or drinking establishment or
13 operation where food is served or provided for the public. Food
14 service establishment does not include any of the following:
15 (i) A motel that serves continental breakfasts only.
16 (ii) A bed and breakfast that has 10 or fewer sleeping rooms
, including sleeping rooms occupied by the innkeeper, 1 or more
of which are available for
rent. to transient tenants.
19 (iii) A bed and breakfast
at least 11 but fewer than
15 more than 10
sleeping rooms for rent, if the bed and
21 serves continental breakfasts only.
22 (iv) A child care organization regulated under 1973 PA 116,
23 MCL 722.111 to 722.128, unless the establishment is carrying out
24 an operation considered by the director to be a food service
warehouse" means a food establishment that
27 stores or distributes
prepackaged food for wholesaling.wholesale.
1 Sec. 1109. As used in this act:
2 (a) "Guide for the control of molluscan shellfish" means
3 section II, model ordinance, national shellfish sanitation
4 program guide for the control of molluscan shellfish, 2009,
5 recommendations of the U.S. department of health and human
6 services, public health service, food and drug administration.
7 (b) "HACCP plan" means a written document that delineates
8 the formal procedures for following the hazard analysis and
9 critical control point principles developed by the national
10 advisory committee on microbiological criteria for foods.
or substantial hazard" means a condition
12 at a food establishment that the director determines requires
13 immediate action to prevent endangering the health of people.
means the checking or testing of
15 observable practices against standards established in or adopted
16 by this act, accompanied by a report of findings.
means the aqueous liquid expressed or
18 extracted from 1 or more fruits or vegetables, purees of the
19 edible portions of 1 or more fruits or vegetables, or any
20 concentrates of such liquid or puree.
means a display of written, printed, or
22 graphic matter upon the immediate container of any article and
23 includes a requirement imposed under this act that any word,
24 statement, or other information appearing on the display also
25 appear on the outside container or wrapper of the retail package
26 of the article or be easily legible through the outside container
27 or wrapper.
means all labels and other written,
2 printed, or graphic matter upon an article, any of its containers
3 or wrappers, or accompanying the article.
limitation" means an action by which the
5 director imposes restrictions or conditions, or both, on a
6 license of a food establishment.
holder" means the entity that person who is
8 legally responsible for the operation of
the a food
9 including the owner, the owner's agent, or other person operating
10 under apparent authority of the owner
possessing and who
11 possesses a valid license to operate a food establishment.
wholesale food processor" means a wholesale
13 food processor that
in the preceding licensing year or is
14 reasonably anticipated to have in the current licensing year
15 $25,000.00 or less in annual gross wholesale sales made or
16 business done in wholesale sales.
in the preceding
year, or $25,000.00 or less of the food is reasonably anticipated
to be sold for the current licensing year. Only the food sales
19 from the
wholesale food processor operation are shall be used
20 computing the annual gross sales under this subdivision.
"Local health department" means that term as defined
22 in section 1105 of the public health code, MCL 333.1105, and
23 having those powers and duties as described in part 24 of the
24 public health code, MCL 333.2401 to 333.2498.
25 (l) "Michigan bridge card" means the card used for the
26 electronic benefit transfer system for food stamp distribution
27 required under section 14h of the social welfare act, 1939 PA
1 280, MCL 400.14h.
product" means cream, light cream, light
3 whipping cream, heavy cream, heavy whipping cream, whipped cream,
4 whipped light cream, sour cream, acidified sour cream, cultured
5 sour cream, half-and-half, sour half-and-half, acidified sour
6 half-and-half, cultured sour half-and-half, reconstituted or
7 recombined milk and milk products, concentrated milk,
8 concentrated milk products, skim milk, lowfat milk, frozen milk
9 concentrate, eggnog, buttermilk, cultured milk, cultured lowfat
10 milk, cultured skim milk, yogurt, lowfat yogurt, nonfat yogurt,
11 acidified milk, acidified lowfat milk, acidified skim milk, low-
12 sodium milk, low-sodium lowfat milk, low-sodium skim milk,
13 lactose-reduced milk, lactose-reduced lowfat milk, lactose-
14 reduced skim milk, aseptically processed and packaged milk, milk
15 products with added safe and suitable microbial organisms, and
16 any other milk product made by the addition or subtraction of
17 milkfat or addition of safe and suitable optional ingredients for
18 protein, vitamin, or mineral fortification. Milk product does
19 include dietary dairy products, dairy-based infant formula, ice
20 cream and other frozen desserts, cheese, butter, and any other
21 product derived from milk.
means food to which any of the
23 following apply:
24 (i) Its labeling is false or misleading in any particular.
25 (ii) It is offered for sale under the name of another food.
26 (iii) It is an imitation of another food unless its label
27 bears, in type of uniform size and prominence, the word
1 "imitation" and immediately thereafter the name of the food
3 (iv) Its container is so made, formed, or filled as to be
5 (v) It is in package form, unless it bears a label
6 containing both the name and place of business of the
7 manufacturer, packer, or distributor and an accurate statement of
8 the quantity of the contents in terms of weight, measure, or
9 numerical count subject to reasonable variations
as are permitted
10 and exemptions
as to for
small packages as are established
prescribed by the department.
12 (vi) Any word, statement, date, or other labeling required by
13 this act is not prominently placed on the label or labeling
14 conspicuously and in such terms as to render it likely to be read
15 and understood by the ordinary individual under customary
16 conditions of purchase and use.
17 (vii) It purports to be or is represented as a food for which
18 a definition and standard of identity have been prescribed by
regulations promulgated under the federal act or by rules,
provided by this act or under the federal act, unless it conforms
such the definition and standard and its label bears the name
22 of the food specified in the definition and standard, and,
23 insofar as may be required by the regulations or rules, the
24 common names of optional ingredients, other than spices,
25 flavoring, and coloring, present in
such the food.
26 (viii) It purports to be or is represented to be either of the
1 (A) A food for which a standard of quality has been
2 prescribed by this act or rules
and if its
quality falls below
such the standard unless its label bears, in such manner and
4 as such rules specify, a statement that it falls below such
6 (B) A food for which a standard or standards of fill of
7 container have been prescribed by this act or rules and
8 falls below the standard of fill of container applicable, unless
9 its label bears, in such manner and form as the rules specify, a
10 statement that it falls below the standard.
11 (ix) It does not bear labeling clearly giving the common or
12 usual name of the food, if one exists, and if fabricated from 2
13 or more ingredients, the common or usual name of each ingredient
14 except that spices, flavorings, and colorings, other than those
15 sold as such, may be designated as spices, flavorings, and
16 colorings, without naming each and except under other
17 circumstances as established by rules regarding exemptions based
18 upon practicality, potential deception, or unfair competition.
19 (x) It bears or contains any artificial flavoring,
20 artificial coloring, or chemical preservative unless the labeling
21 states that fact and under other circumstances as established by
22 rules regarding exemptions based upon practicality.
23 (xi) If a food intended for human consumption and offered for
24 sale, its label and labeling do not bear the nutrition
25 information required under section 403(q) of the federal act, 21
26 USC 343.
27 (xii) It is a product intended as an ingredient of another
1 food and, when used according to the directions of the purveyor,
2 will result in the final food product being adulterated or
4 (xiii) It is a color additive whose packaging and labeling are
5 not in conformity with packaging and labeling requirements
6 applicable to such color additive prescribed under
of the federal act.
( l ) "Mobile food establishment" means a food
9 establishment operating from a vehicle,
or including a
10 watercraft, that returns to a
licensed mobile food establishment
11 commissary for servicing and maintenance at least once every 24
food establishment commissary" means an
14 operation that is capable of servicing a mobile food
16 (q) "Nonperishable food" means food that is not perishable
18 (r) "Perishable food" means any food that the manufacturer,
19 packer, or retailer, in conjunction with the department,
20 determines to have a significant risk of spoilage, loss of value,
21 or loss of palatability within 90 days of the date of packaging.
means an individual, sole proprietorship,
23 partnership, corporation, association, or other legal entity.
chemical" means any substance that,
25 alone, in chemical combination, or in formulation with 1 or more
26 other substances, is a pesticide within the meaning of the
27 federal insecticide, fungicide, and rodenticide act, 7 USC 136 to
1 136y, and is used in the production, storage, or transportation
2 of raw agricultural commodities.
display panel" means that part of a label
4 that is most likely to be displayed, presented, shown, or
5 examined under normal and customary conditions of display for
6 retail sale.
7 (v) "Priority foundation item" means a provision in the food
8 code whose application supports, facilitates, or enables 1 or
9 more priority items. Priority foundation item includes an item
10 that requires the purposeful incorporation of specific actions,
11 equipment, or procedures by industry management to attain control
12 of risk factors that contribute to foodborne illness or injury
13 such as personnel training, infrastructure, or necessary
14 equipment, HACCP plans, documentation or record-keeping, and
15 labeling. A priority foundation item is an item that is denoted
16 in the food code with a superscript Pf-Pf.
17 (w) "Priority item" means a provision in the food code whose
18 application contributes directly to the elimination, prevention,
19 or reduction to an acceptable level of hazards associated with
20 foodborne illness or injury if there is no other provision that
21 more directly controls the hazard. Priority item includes an item
22 with a quantifiable measure to show control of hazards such as
23 cooking, reheating, cooling, or hand washing. A priority item is
24 an item that is denoted in the food code with a superscript P-P.
health code" means 1978 PA 368, MCL 333.1101
26 to 333.25211.
27 Sec. 1111. As used in this act:
1 (a) "Raw agricultural commodity" means any food in its raw
2 or natural state including fruits that are washed, colored, or
3 otherwise treated in their unpeeled natural form before
5 (b) "Regulatory authority" means the department, the local
6 health department, or the authorized representative having
7 jurisdiction over the food establishment.
8 (c) "Retail food establishment" means an operation that
9 sells or offers to sell food directly to a consumer. Retail food
10 establishment includes both a retail grocery and a food service
11 establishment, but does not include a food
13 (d) "Retail grocery" means an operation that sells or offers
14 to sell food to
the consumers for off-premises consumption. Off-
premises Food for
off-premises consumption does not
16 out food intended for immediate consumption.
17 (e) "Rules" means administrative rules promulgated under
18 this act pursuant to the administrative procedures act of 1969,
19 1969 PA 306, MCL 24.201 to 24.328.
20 (f) "Shellfish dealer" means an interstate wholesaler
21 handling shellfish.
22 (g) "Shellfish dealer certification" means the issuance of a
23 numbered certificate to a person indicating that the person is in
24 compliance with the requirements of the guide for the control of
25 molluscan shellfish and that the person has permission from the
26 department to conduct 1 or more of the following shellfish
27 activities, as defined in the guide for the control of molluscan
2 (i) Shellstock shipper.
3 (ii) Shucker packer.
4 (iii) Repacker or reshipper.
fish rules" means regulation no. 285.569 R
285.569.1 to 285.569.19 of the Michigan
promulgated under former 1968 PA 39.
transitory food unit" means a temporary
9 food establishment that is licensed to operate throughout the
10 state without the 14-day limits or a mobile food establishment
11 that is not required to return to a commissary.
12 (j) "Staple foods" does not include accessory foods such as
13 coffee, tea, cocoa, soda, noncarbonated drinks such as sports
14 drinks, punches, and flavored waters, candy, condiments, spices,
15 hot foods, or foods ready to go or made to take out, such as
16 prepared sandwiches or salads.
agents" means any of the following:
18 (i) Sulfur dioxide.
19 (ii) Sodium sulfite.
20 (iii) Sodium bisulfite.
21 (iv) Potassium bisulfite.
22 (v) Sodium metabisulfite.
23 (vi) Potassium metabisulfite.
(i) "Temporary food establishment" means a
25 establishment which operates at a fixed location for a temporary
26 period not to exceed 14 consecutive days.
license" means a written authorization
1 issued by the director to operate for a specified limited time
tenant" means a person who rents a room
4 in a bed and breakfast for fewer than 30 consecutive days.
5 (o) "Trimming" is an act of removing leaves, roots, and
6 other extraneous materials in preparation for grading, sorting,
7 and sale as a whole fruit or vegetable. Trimming does not remove
8 the peel or core and does not further cut the whole fruit or
10 (p) "U.S. standards for shell eggs" means United States
11 standards, grades, and weight classes for shell eggs, AMS 56
12 (July 20, 2000), United States department of agriculture.
( l ) "Vending machine" means a self-service
14 for public use that, upon activation by a coin, token, card, key,
15 or paper currency, dispenses unit servings of food or beverages
16 without the necessity of replenishing the device between each
17 vending operation. Vending machine does not include any of the
19 (i) A device that dispenses only bottled or canned soft
20 drinks; other packaged nonperishable foods or beverages; or bulk
21 ball gum, nuts, and panned candies.
22 (ii) A water-dispensing machine that is registered under
23 chapter IV.
machine location" means the room,
25 enclosure, space, or area in which 1 or more vending machines are
26 installed and operated.
means selling to retailers or jobbers
rather other than directly to consumers.
(o) "Wholesale food processor" means an operation that
processes, manufactures, packages, or labels food for
game" means animals from their natural state
6 and not cultivated, domesticated, or tamed.
7 Sec. 1113. (1) A term defined in the food code has the same
8 meaning when used in this act, except as specifically defined in
9 this act.
10 (2) The terms "critical violation" and "noncritical
11 violation" shall not be used by a regulatory authority to
12 classify violations of the food code.
13 Sec. 2119. (1) Notwithstanding section 12909(1) of the
14 public health code, MCL 333.12909, the department may promulgate
15 rules to prescribe criteria for food service
16 by local health departments. The department in promulgating these
17 rules shall seek the advice and counsel of local health
18 departments and the food service industry.
19 (2) The department shall provide evaluation, consultation,
20 and training support to local health departments delegated
21 authority and responsibility to perform food service program
22 activities under section 3105.
department shall periodically conduct
24 comprehensive reviews of each local health department's food
sanitation program. The reviews shall be based on
26 criteria developed by the department with input from local health
27 departments and
include a review of both 1 or more
1 elements of the following:
The adequacy of sanitary conditions in Compliance with
3 this act by the food service establishments within the local
4 health department jurisdiction.
5 (b) The competency and training of the food service
7 (c) Compliance with the delegated program activities and
8 established program review criteria, including implementation of
9 risk-based strategies.
10 Sec. 2125. (1) The department shall charge the following
11 fees for the following services:
12 (a) A reissuance of a duplicate license, $15.00.
13 (b) A free-sale letter, $25.00 per letter in an order and
14 $5.00 per duplicate letter in the same order.
15 (c) An evaluation of a food establishment
when if the
16 evaluation is a second reevaluation of a food establishment that
17 has already been evaluated and found to
contain a critical have a
18 priority item or priority foundation item violation or if the
19 evaluation is performed at the request of the operator, $60.00.
20 (d) A shellfish dealer's certificate, $150.00 annually.
review and approval of training materials, $60.00
22 per hour.
special transitory food unit plan review, $197.00.
plan review as specified in section 8-201.11 of
25 the food code, $197.00.
26 (2) Fees collected under this section shall be deposited in
27 the dairy and food safety fund created in section 4117 for
1 enforcement of this act.
2 (3) The services referred to in subsection
(1)(d) and (e)
3 (1)(e) and (f) involve the formal review and approval procedure.
4 The department may provide informal review or answer questions
5 without charging a fee.
6 Sec. 2127. After a conference with the owner of a retail
7 food establishment for a repeated failure to correct a
8 priority item or priority foundation item violation, the director
9 may require certain individuals to complete manager food safety
10 training for that food establishment.
11 Sec. 2129. (1)
Beginning June 30, 2009, All of the
12 food establishments shall employ a minimum of 1 managerial
13 employee who is currently certified under a personnel
14 certification program accredited by the American national
15 standards institute, utilizing the conference for food protection
17 (a) A food service establishment that is not any of the
( i ) A
mobile food establishment.
( ii ) Operating
under a temporary food service
21 establishment license.
( iii ) A
special transitory food unit.
( iv ) A
vending machine location.
24 (b) An extended retail food establishment.
The operation of a food service establishment Operated
26 within a retail grocery.
27 (2) An individual certified under subsection (1) shall be
1 recognized with full faith and credit by the state and all local
2 units of government throughout the state.
3 (3) The department may promulgate rules to do all of the
By January 1, 2009, develop Develop requirements
6 retail food establishments to follow when employing certified
7 food safety managers or personnel.
8 (b) Set a reasonable date for compliance with the
9 requirements under subdivision (a) taking into consideration
10 existing local personnel certification requirements.
11 (c) Establish certification fees necessary to implement,
12 maintain, and track certified individuals directly or by
13 contract. The department may annually adjust the schedule of fees
14 to provide that the fee charged is sufficient to cover the cost
15 of the certification tracking program.
16 (d) Implement and enforce the requirements described in
17 subdivision (a).
certification program developed by the American
19 national standards institute, as it exists on
the effective date
of the amendatory act that added this section April 1, 2008, is
21 incorporated by reference. The department may adopt updates to
22 the certification program accreditation standards in subsection
23 (1) by rule.
section does not prohibit any local legislative
25 body from implementing a food handler program, an employee health
26 certification program, or a manager certification program,
provided if it is not in conflict with this section.
1 Sec. 2132. The department may enter into agreements with
2 other states and the federal government to provide and accept
3 food safety assistance, including the training of personnel. Any
4 employee of the department assigned to food safety duties or
5 training programs outside this state shall be considered to be
6 working inside this state for purposes of compensation and any
7 other employee benefits.
8 Sec. 3103. As used in this chapter:
9 (a) "Certified health department" means a county, district,
10 or city health department that meets the criteria for
11 certification of health departments established by this act and
12 that is authorized by the director to enforce this act for retail
13 groceries, food
processing plants processors, or fair
15 (b) "Foodborne illness outbreak" means an incident where any
16 of the following occur:
17 (i) Two or more persons, not of the same household, have
18 ingested a common food and have a similar disease
, or similar
excrete the same pathogens, and there is a time,
20 place, or person association between these persons.
21 (ii) There is a single case of suspected botulism, mushroom
22 poisoning, paralytic shellfish poisoning, or other rare disease.
23 (iii) There is a case of a disease or poisoning that can be
24 definitely related to ingestion of a food.
25 (c) "Food service
sanitation program" means the
26 activity of the department and a local health department for
27 effective administration and enforcement of the food code and
1 this act, including all of the following:
2 (i) Periodic evaluations of food service establishments,
3 temporary food service establishments, vending machines, and
4 vending machine locations for compliance with law.
5 (ii) Support of recommendations for licensure with
6 appropriate records.
7 (iii) Review of plans and specifications for new and
8 extensively remodeled establishments.
9 (iv) Educational activities.
10 (v) Investigation of reports of foodborne illnesses.
11 (vi) Other activities which
may be necessary to
12 proper implementation of this act.
13 Sec. 3105. (1) The department shall delegate the authority
14 and responsibility for the enforcement of the requirements
15 pertaining to food service establishments contained in this act
the rules promulgated under this act to local health
17 departments meeting the program criteria provided for in this act
18 and rules.
promulgated under this act. The local health
19 departments shall enforce this act and
the rules promulgated
under this act and may
delegate enforcement authority under an a
21 plan of organization approved pursuant to section 2431 of the
22 public health code, MCL 333.2431. If a food service
23 program is discontinued or is revoked for failure to meet the
24 program criteria, redelegation to a local health department by
25 the director of the program
under this section is not required.
26 Local health departments delegated authority under this chapter
27 shall enforce this act and rules
promulgated under this act in
1 the manner provided for in part 24 of the public health code, MCL
2 333.2401 to 333.2498, except that late fees under section 4113,
3 administrative fines under section 5105, and
4 criminal fines under section 5107 are specifically not delegated
5 to the local health departments.
When If a food service establishment is a part of a
7 retail grocery or food
processing plant processor and the retail
8 grocery and food
processing plant processor are the
9 part of the food business as determined by the department,
10 authority and responsibility pertaining to that establishment are
11 not delegated under
this section.subsection (1).
When If a retail grocery or food processing plant
13 processor is a part of a food service establishment but the food
14 service establishment is the predominant part of the food
15 business as determined by the department, the authority and
16 responsibility for the entire establishment are delegated under
17 subsection (1).
18 (4) Mobile and temporary food establishments and special
19 transitory food units that are predominantly food service
20 establishments as determined by the department are delegated to
21 the local health departments under
this section subsection (1).
22 Mobile and temporary food establishments and special transitory
23 food units that are predominantly retail groceries or food
24 processors are not delegated under subsection (1).
25 Sec. 3125. (1) Subject to subsection (3), a local health
26 department, with the approval of the director and based on
27 criteria developed by the department in consultation with local
House Bill No. 5130 (H-1) as amended February 15, 2012
1 health departments, may reduce the frequency of evaluations of
2 individual food service establishments if the local health
3 department determines that a reduced evaluation frequency will
4 not adversely affect food
service sanitation safety practices
5 within the food service establishment.
6 (2) A food service establishment which, upon investigation,
7 is implicated in a foodborne illness outbreak or chemical
8 intoxication shall be evaluated by the director [
with section 3123 for not less than for compliance within] the
next 12 months.
10 (3) A local health department shall not reduce the minimum
11 frequency of evaluations of any food service establishment to
12 less than that described in section 3123 unless approved by the
14 Sec. 3127. (1) The findings of an evaluation of a food
15 service establishment shall be recorded on an evaluation report
16 form approved by the department.
The form shall identify those
items considered to be critical from a public health standpoint. A
18 violation of a priority item or priority foundation item shall be
19 designated as such on the form. A violation by a food
20 establishment of section 12603 or 12905 of the public health
21 code, MCL 333.12603 and 333.12905, is not a violation of a
22 priority item or priority foundation item of this act or the food
24 (2) The evaluation report shall summarize findings relative
25 to compliance with the requirements of this act. The report form
26 shall be signed and dated by the
local health department
1 (3) Upon completion of the evaluation, a copy of the
2 completed evaluation report form shall be furnished to the person
3 in charge of the food service establishment.
The If the person
not sign the report form acknowledging
5 delivery of the report form to the person in charge shall be
6 otherwise documented by the director.
7 Sec. 3133. Laboratories capable of providing the necessary
8 analyses of food samples shall be utilized by a local health
9 department to assist in the conduct of a food service
11 Sec. 4102. (1) A cottage food operation is exempt from the
12 licensing and evaluation provisions of this act. This exemption
13 does not include an exemption from the adulteration and other
14 standards imposed in this section or under this act, or both, and
15 does not limit the ability of the department to take appropriate
16 enforcement action for applicable violations as described in
17 section 5101. This subsection does not require a cottage food
18 operation to meet the standards contained in 21 CFR part 110 or
2005 federal food code. , or both.
20 (2) Cottage food products shall be prepackaged and properly
21 labeled prior to sale.
22 (3) At a minimum, a cottage food operation shall place on
23 the label of any food it produces or packages the following
25 (a) The name and address of the business of the cottage food
27 (b) The name of the cottage food product.
House Bill No. 5130 as amended May 22, 2012
as amended May 30, 2012
1 (c) The ingredients of the cottage food product, in
2 descending order of predominance by weight.
3 (d) The net weight or net volume of the cottage food
5 (e) Allergen labeling as specified by federal labeling
7 (f) If any nutritional claim is made, appropriate labeling
8 as specified by federal labeling requirements.
9 (g) The following statement printed in at least the
10 equivalent of 11-point font size in a color that provides a clear
11 contrast to the background: "Made in a home kitchen that has not
12 been inspected by the Michigan department of agriculture and
13 rural development.".
14 (4) Cottage food products may be sold directly from the
15 cottage food operation to the consumer only, and not by internet
16 or mail order. Sales by consignment or at wholesale are
18 (5) The gross sales of cottage food products by a cottage
food operation shall not exceed [<<
$20,000.00 ANNUALLY UNTIL
DECEMBER 31, 2017. AFTER DECEMBER 31, 2017 THE GROSS SALES OF COTTAGE
FOOD PRODUCTS BY A COTTAGE FOOD OPERATION SHALL NOT EXCEED $25,000.00>>]
determination of the $15,000.00 annual For the purposes of this
21 subsection, gross sales shall be computed on the basis of the
22 amount of gross sales within or at a particular domestic
23 residence and shall not be computed on a per-person basis within
24 or at that domestic residence. The department may request in
25 writing documentation to verify the annual gross sales figure.
26 (6) Cottage food products shall be stored only in the
27 primary domestic residence.
1 (7) An exemption under this section does not affect the
2 application of any other state or federal laws or any applicable
3 ordinances enacted by any local unit of government.
4 Sec. 4103. (1) An applicant shall submit an application for
5 a food establishment license at least 30 calendar days before the
6 date planned for its opening or the change of ownership. For
7 temporary food establishments applying less than 4 days from
8 opening, the director may charge twice the applicable license fee
9 to perform the licensing evaluation.
10 (2) Application for the license under subsection (1) shall
11 be submitted upon the forms approved by the department and shall
12 contain the reasonable information required by the department to
13 process the application.
14 (3) An application for a mobile food establishment license
15 shall include all of the following information:
16 (a) The location and dates of the operation.
17 (b) The name and address of the commissary that will service
18 the applicant.
19 (4) Within 10 days after a change in the servicing
20 commissary, the mobile food establishment licensee shall submit
21 an affidavit containing the name and address of the new
22 commissary servicing the licensee.
23 (5) The local health department shall forward license
24 recommendations to the department. Section 3119(7) does not
director may issue a temporary food
27 establishment license. The director, pursuant to uniformly
1 applied department guidance, may decline to issue multiple
2 temporary food establishment licenses for the same establishment
3 within a given calendar year.
4 Sec. 4105. (1) Except as otherwise provided for in
5 subsection (2), a person, establishment, or organization that is
6 1 or more of the following is exempt from the licensure
7 requirements under this act:
8 (a) Subject to subsection (2), an establishment licensed
9 under 1 of the following acts while conducting activities within
10 the scope of that act:
Public Act No. Year Compiled
141 1939 285.61 to 285.88
228 1959 286.371 to 286.379
158 1964 290.451 to 290.466
266 2001 288.471 to 288.540
267 2001 288.561 to 288.740
17 (i) Grain dealers act, 1939 PA 141, MCL 285.61 to 285.88.
18 (ii) 1959 PA 228, MCL 286.371 to 286.379.
19 (iii) 1964 PA 158, MCL 290.451 to 290.466.
20 (iv) Grade A milk law of 2001, 2001 PA 266, MCL 288.471 to
22 (v) Manufacturing milk law of 2001, 2001 PA 267, MCL 288.561
23 to 288.740.
24 (b) A person that is offering only whole uncut fresh fruits
25 and vegetables directly to consumers.
26 (c) Consumers or nonprofit cooperatives of consumers in
House Bill No. 5130 as amended May 22, 2012
as amended May 30, 2012
1 compliance with the nonprofit corporation act, 1982 PA 162, MCL
2 450.2101 to 450.3192, providing products from regulated sources
3 only for their own use.
4 (d) Nonprofit cooperatives in compliance with the nonprofit
5 corporation act, 1982 PA 162, MCL 450.2101 to 450.3192, who are
6 growers selling unprocessed products of their own production or
7 are producers selling unprocessed products of their own
8 production from regulated sources.
9 (e) Retail outlets for the sale of prepackaged honey or
10 maple syrup produced in Michigan if the outlet is operated by the
11 producer and the processing facility is licensed under this act.
12 Both retail outlets and processing facilities are exempt from
13 licensure under this act for producers with gross sales of
or less of honey or maple syrup. In such
15 honey and maple syrup shall have labeling substantially similar
16 to that for cottage food products as described in section
18 (f) A temporary food establishment with no food preparation
19 using only single-service articles and serving only non-
20 potentially-hazardous food or beverage.
21 (g) A retail food establishment that does both of the
23 (i) Only sells prepackaged, non-potentially-hazardous foods.
24 (ii) Offers only an incidental amount of food, such as the
25 sale of single-service packages.
26 (h) A mobile food establishment, such as an ice cream truck,
27 that offers only prepackaged, single-serving frozen desserts.
1 (i) An event not open to the general public held by a
2 nonprofit trade association representing food establishments,
3 suppliers, or manufacturers where limited food preparation takes
4 place for the purpose of advertising, displaying, promoting, and
5 sampling prepared food.
6 (j) A commercial fishing guide service that serves lunch to
7 a party of not more than 12 clients on or adjacent to a body of
8 water, river, or stream while pursuing,
9 killing, taking, or attempting to take fish. As used in this
10 subparagraph, "commercial fishing guide service" means a service
11 provided for a fee or other valuable consideration, regardless of
12 whether the fee or other valuable consideration is paid directly
13 or indirectly, to assist another person in pursuing,
14 catching, killing, taking, or attempting to take fish.
15 (k) A person owning or operating a device that dispenses
16 only bottled or canned soft drinks; other packaged nonperishable
17 foods or beverages; or bulk gum, nuts, and panned candies.
18 (l) Feeding operations set up in response to an emergency or
20 (m) A person operating as a food warehouse or food
21 processor, if the food warehouse or food processor contains or
22 handles only uncut fruits or vegetables, or both, and meets all
23 of the following criteria:
24 (i) The establishment is owned and operated by the person
25 producing the fruits or vegetables, or both.
26 (ii) Activities at the establishment are limited to storing,
27 grading, sorting, packing, washing, trimming, and refrigerating.
1 (iii) The fruits or vegetables, or both, are primarily from
2 the person's own production, and the balance are products of the
3 same genus or genera from other agricultural producers.
4 (iv) The food is not "potentially hazardous food
5 (time/temperature control for safety food)" as defined in the
6 food code.
7 (2) Notwithstanding subsection (1)(a), a person operating as
8 or conducting activities the director considers to be a food
9 establishment must be licensed in the appropriate category under
10 this act.
11 (3) If food is prepared in a food service establishment
12 licensed under this chapter and the food is transported from the
13 food service establishment to a fixed temporary serving location,
14 the serving location is not required to be separately licensed
15 and is considered an extension of the food service establishment
16 if no food preparation is conducted at the serving location and
17 the food is transported and served by employees of the food
18 service establishment.
19 (4) If prepackaged food is transported from a food
20 establishment licensed under this chapter, to a sales location at
21 a farmers' market, fair, or festival, the sales location is not
22 required to be separately licensed and is considered an extension
23 of the food establishment, if the food is transported and sold by
24 employees of the food establishment.
25 Sec. 4111. (1) The department shall impose the following
26 license fees for each year or portion of a year:
27 (a) Retail food establishment: $67.00.
1 (b) Extended retail food establishment: $172.00.
Wholesale food Food processor: $172.00.
3 (d) Limited
wholesale food processor: $67.00.
4 (e) Mobile food establishment: $172.00.
5 (f) Temporary food establishment: $25.00.
6 (g) Special transitory food unit: $135.00.
7 (h) Mobile food establishment commissary: $172.00.
8 (i) Food warehouse: $67.00.
9 (j) Food service establishment: the amounts described in
10 subsection (2).
11 (2) If a local health department no longer conducts a food
sanitation program, the department, in consultation with
13 the commission of agriculture and rural development, shall set
14 the food sanitation fees to be imposed for the department's
15 services performed under subsection (1)(j). The fees imposed
16 shall equal, as nearly as possible, 1/2 of the department's cost
17 of providing the service. The
conduct of the services resulting
from a cessation of a food service sanitation program is
considered an imminent or substantial hazard that allows the
to may impose the service fees for up to 12 months
21 after the date of cessation by the local health department. After
22 the 12-month period, the department shall collect the fees only
23 in the amount provided by amendment of this act or as authorized
24 pursuant to an appropriation.
25 (3) Any license fee paid on an initial application is
27 (4) The department may charge a convenience fee and collect
1 from the applicant any additional costs associated with the
2 method of fee payment for the license or permit fees described in
3 this chapter, not to exceed the costs to the department.
4 Sec. 4114. (1) A person shall not act as a shellfish dealer
5 unless the person has been certified as a shellfish dealer by the
6 department. An application for shellfish dealer certification
7 shall be submitted to the department on the forms approved by the
8 department and shall contain the reasonable information required
9 by the department to process the application. The applicant shall
10 meet all of the following requirements:
11 (a) Be the owner of the shellfish dealer or an officer of
12 the legal entity owning the shellfish dealer.
13 (b) Comply with the requirements of this act and rules.
14 (c) Allow the director access to the shellfish dealer and
15 records as required to determine compliance with the applicable
16 requirements of this act and rules.
17 (2) A shellfish dealer certification is valid from May 1 to
18 April 30 of each year.
19 (3) Each shellfish dealer shall have and implement a HACCP
20 plan and have a program of sanitation monitoring and record
21 keeping in compliance with the guide for the control of molluscan
23 Sec. 4117. (1) Except as provided in subsections (2) and
24 (3), money collected under this chapter by the department shall
25 be credited to the dairy and food safety fund that is created as
26 a restricted fund within the state treasury. The state treasurer
27 may receive money or other assets, from appropriations or from
1 any other source, for deposit into the fund. The state treasurer
2 shall direct the investment of the fund. The money in the fund
3 shall not lapse to the general fund at the end of the fiscal year
4 and shall carry over to the following fiscal years. The state
5 treasurer shall credit to the fund interest and earnings from
6 fund investments. The department shall administer the fund and
7 shall expend money from the fund for the purpose of administering
8 this act and enforcing the provisions of this act, the grade A
9 milk law of 2001, 2001 PA 266, MCL 288.471 to 288.540, and the
10 manufacturing milk law of 2001, 2001 PA 267, MCL 288.561 to
11 288.740. The department shall be the administrator of the fund
12 for auditing purposes.
13 (2) A consumer food safety education fund is created as a
14 revolving fund in the department of treasury. The consumer food
15 safety education fund shall be administered by the department and
16 funded by adding $3.00 to the fee for each food establishment
17 license in all categories except vending machines and in cases of
18 fee-exempt food establishments. The money in the fund shall be
19 used to provide statewide training and education to consumers on
20 food safety.
An advisory committee consisting of at least 9
people representing consumers, industry, government, and academia
shall advise the department on the use of the funds. Money
23 remaining in the fund at the end of the fiscal year shall be
24 carried forward into the next fiscal year.
25 (3) An industry food-safety education fund is created as a
26 revolving fund in the department of treasury. The industry food-
27 safety education fund shall be administered by the department and
1 funded by adding $2.00 to the fee for each food service
2 establishment license in all categories except vending machines
3 and in cases of fee-exempt food establishments. The money in the
4 fund shall be used to provide food safety training and education
5 to food service establishment employees and agents of the
6 director who enforce this act.
The advisory committee created in
subsection (2) shall advise the department on the use of the
funds. Money remaining in
the fund at the end of the fiscal year
9 shall be carried forward into the next fiscal year.
10 (4) As used in this section, "fee-exempt food establishment"
11 means a food establishment exempt from all state and local food
12 establishment license fees under section 3119(4) combined with an
13 exemption from the local health department sanitation service fee
14 under section 2444 of the public health code, MCL 333.2444.
15 Sec. 4123. (1) A food establishment license is not
16 transferable as to the holder or the location.
17 (2) A shellfish dealer certificate is not transferable as to
18 the holder or to the location.
19 (3) A bottled water registration is not transferable as to
20 the holder or the location.
21 Sec. 4125. (1) Before a food establishment license, bottled
22 water registration, or shellfish dealer certificate is issued,
23 the director shall determine if the applicant meets the minimum
24 requirements of this act and rules.
promulgated under this
25 (2) After an opportunity for a hearing pursuant to the
26 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
27 24.328, the director may revoke or suspend a food establishment
or a registration for bottled water, or a shellfish
2 dealer certificate issued under this act for failure to comply
3 with requirements of this act or a rule.
promulgated under this
act. A person whose food establishment license, registration for
5 bottled water, or shellfish dealer certificate is revoked or
6 suspended shall discontinue the sale and offering for sale of
7 food, the bottled water, or shellfish, respectively, until he or
8 she complies with this act and the director issues a new
9 registration or removes the suspension.
For a person whose If a person's food
has been is
revoked for egregious violations under
12 section 5101(a), (b), (c), or (k), the director may refuse to
13 issue or reissue a license to any establishment in which that
14 person has ownership or management interest for a period of 2
15 years after the revocation.
16 (4) Based upon facts submitted by a person familiar with
17 those facts or upon information and belief alleging that an
18 imminent threat to the public health, safety, or welfare exists,
19 the director may summarily suspend a license,
certificate issued under this act. A
person whose license,
21 registration, or certificate has been summarily suspended under
22 this section may petition the director to dissolve the order.
23 Upon receipt of such a petition, the director shall immediately
24 schedule a hearing to decide whether to grant or deny the
25 petition to dissolve. The presiding officer shall grant the
26 requested relief dissolving the summary suspension order unless
27 sufficient evidence is presented that an imminent threat to the
1 public health, safety, or welfare exists requiring emergency
2 action and continuation of the director's summary suspension
4 Sec. 4127. (1) After the regulatory authority receives a
5 petition for a hearing from a license, registration, or
6 certificate holder whose license, registration, or certificate is
7 summarily suspended under section 4125, the proceedings shall be
8 promptly commenced and determined as required by section 92 of
9 the administrative procedures act of 1969, 1969 PA 306, MCL
11 (2) This section does not prevent the regulatory authority's
12 immediate reinstatement of a license, registration, or
13 certificate when the regulatory authority determines the public
14 health hazard or nuisance no longer exists.
15 Sec. 4129. (1) A license,
or registration, or certificate
or holder may request a hearing regarding the
17 regulatory authority's denial of a new or renewal license,
18 registration, or certificate. A person desiring a hearing in
19 response to a denial of a license,
or registration, or
20 certificate shall submit a hearing request to the regulatory
21 authority within 30 calendar days after the date of the denial.
22 (2) The regulatory authority shall afford a hearing within
23 30 days after receiving a written request for a hearing as
24 specified in this section when the request demonstrates that
25 there is a genuine and material issue of fact that justifies that
26 a hearing be held.
27 (3) Hearings shall be conducted in an expeditious and
1 impartial manner.
2 Sec. 5101. (1) A person shall not do or cause to be done any
3 of the following:
4 (a) Manufacture, sell, deliver, hold, or offer for sale
5 adulterated or misbranded food.
6 (b) Adulterate or misbrand food.
7 (c) Receive in commerce food that is adulterated or
8 misbranded and deliver or proffer the delivery of that food for
9 pay or otherwise.
10 (d) Sell, deliver for sale, hold for sale, or offer for sale
11 food unless that person holds a license issued under chapter IV.
12 (e) Disseminate a false advertisement concerning food or a
13 food establishment.
14 (f) Refuse to permit entry or evaluation, or to permit the
15 taking of a sample, as authorized by section 2111.
16 (g) Give a false guaranty or undertaking concerning food,
except by a person who relied unless in good-faith reliance on
18 guaranty or undertaking to the same effect signed by and
19 containing the name and address of the person from whom
he or she
received the food in
good faith.was received.
21 (h) Remove or dispose of seized or embargoed food in
22 violation of section 2105.
23 (i) Alter, mutilate, destroy, obliterate, or remove all or
24 part of the label or do any other act with respect to a food
25 while the food is held for sale resulting in the food being
26 adulterated or misbranded.
27 (j) Forge, counterfeit, simulate, or falsely represent, or
1 without proper authority use any mark, stamp, tag, label, or
2 other identification device authorized or required by this act or
promulgated under this act.
4 (k) Permit filthy or insanitary conditions to exist in a
5 food establishment in which food intended for human consumption
6 is manufactured, received, kept, stored, served, sold, or offered
7 for sale.
8 (l) Falsely identify a country, state, or other place of
9 origin of food on a label, tag, or other document with intent to
10 deceive or defraud.
11 (m) Fail to establish or maintain any record or make any
12 report required under this act or the federal act, or refuse to
13 permit access to or verification or copying of any such required
15 (n) Interfere with the director in the conduct of his or her
16 responsibilities under this act.
17 (o) Make a false statement, representation, or certification
18 in any application, report, plan, or other document that is
19 required to be maintained under this act or rules.
under this act.
21 (p) Remove a tag, seal, or mark placed by the director.
22 (q) Operate without a license, registration, permit, or
24 (r) Violate a provision of this act or a rule.
under this act.
26 (s) Operate as a shellfish dealer without a shellfish dealer
1 (t) If the person is a food establishment, permit Michigan
2 bridge card access to food assistance program benefits unless the
3 food establishment's inventory records match redemption files for
4 Michigan bridge card usage for food assistance program benefits
5 and 1 or more of the following apply:
6 (i) The food for sale includes, on a continuous basis, at
7 least 3 varieties of foods in each of the following 4 staple food
8 groups and perishable foods in at least 2 of the groups:
9 (A) Meat, poultry, or fish.
10 (B) Bread or cereal.
11 (C) Vegetables or fruits.
12 (D) Dairy products.
13 (ii) At least 50% of the total dollar amount of all retail
14 sales, including food and nonfood items, fuel, and services at
15 the food establishment is from the sale of food in any of the 4
16 staple food groups.
17 (2) Each day a violation of this section occurs is a
18 separate violation of this section.
19 Sec. 5105. (1) Upon finding that a person violated a
20 provision of this act or a rule promulgated under this act, the
21 department may impose an administrative fine of not more than
22 $500.00 for the first offense and not more than $1,000.00 for a
23 second or subsequent offense and the actual costs of the
24 investigation of the violation. Each day of
any a continuing
25 violation is not considered a separate violation of this act or a
26 rule promulgated under this act.
Under no circumstances shall the
27 The department shall not impose upon any licensee or registrant
1 administrative fines in the aggregate amount of more than
2 $4,000.00 per location for a firm with annual gross receipts of
3 $500,000.00 or less and $8,000.00 per location for a firm with
4 annual gross receipts of over $500,000.00 during any 12-month
Any administrative Administrative fines and
7 collected under this section shall be deposited into the dairy
8 and food safety fund.
9 (3) This section does not require the department to issue an
10 administrative fine for minor violations of this act
11 the department believes that the public interest will be
12 adequately served under the circumstances by a suitable written
13 notice or warning.
14 (4) The
conditions warranting administrative fines to
achieve compliance with the provisions of the food code are
limited to critical department
shall not impose administrative
17 fines for violations of the food code other than priority items,
18 priority foundation items, or repeated violations that remain
19 uncorrected beyond the time frame for correction
directed, or ordered specified
under or agreed to, specified, or
approved by the director under
code section 8-405.11(A) and
and section or 8-406.11(A)
and or (B) of
the food code.
23 The department shall not impose an administrative fine for a
noncritical core item
violation of the food code unless at
the violation is not corrected within 30
allowed for correction after
27 Sec. 6101. (1) Chapters 1 through 8 of the food code are
1 incorporated by reference except as amended and modified as
3 (a) Where provisions of this act and rules
this act specify different
5 (b) Section
3-501.16(A)(2) is modified so that
3-501.16(A)(2)(b)" is stricken. 3-401.14 is modified to read as
8 "3-401.14 Non-Continuous Cooking of Raw Animal Foods.
9 Raw animal foods that are cooked using a non-continuous cooking
10 process shall be:
11 (A) Subject to an initial heating process that is no longer
12 than 60 minutes in duration;P
13 (B) Immediately after initial heating, cooled according to
14 the time and temperature parameters specified for cooked
15 potentially hazardous food (time/temperature control for safety
16 food) under paragraph 3-501.14(A);P
17 (C) After cooling, held frozen or cold, as specified for
18 potentially hazardous food (time/temperature control for safety
19 food) under paragraph 3-501.16(A)(2);P
20 (D) Prior to sale or service, cooked using a process that
21 heats all parts of the food to a time/temperature specified in
22 paragraph 3-401.11(A);P
23 (E) Cooled according to the time and temperature parameters
24 specified for cooked potentially hazardous food (time/temperature
25 control for safety food) under paragraph 3-501.14(A) if not
26 either hot held as specified under paragraph 3-501.16(A), served
27 immediately, or held using time as a public health control as
1 specified under section 3-501.19 after complete cooking;P and
2 (F) Stored as follows:
3 (1) After initial heating but prior to cooking as specified
4 under paragraph (D) of this section, separate from ready-to-eat
5 foods as specified under paragraph 3-302.11;Pf and
6 (2) After initial heating, but prior to complete cooking,
7 marked or otherwise identified as foods that must be cooked as
8 specified under paragraph (D) of this section prior to being
9 offered for sale or service.Pf The food may be identified in any
10 effective manner provided that the marking system is disclosed to
11 the regulatory authority upon request.".
12 (c) Section 2-103.11(L) is modified to read as follows:
13 "Employees are properly trained in food safety as it relates
14 to their assigned duties;Pf and".
15 (2) The director, by
promulgation of a rule, may adopt any
16 changes or updates to the food code.
17 (3) The annexes of the food code are considered persuasive
18 authority for interpretation of the food code.
19 Sec. 6107. (1)
Upon receipt of plans and specifications, the
The director shall review
and specifications received
21 under section 6105 as soon as practicable after receipt to
22 determine their completeness and adequacy. If a submission of
23 complete plans and specifications is not reviewed within 30
24 business days of receipt, the plans and specifications
25 be considered to have been determined to be complete and
26 adequate. Thereafter, construction may proceed without the
27 director's authorization. Approval of the plans and
1 specifications by operation of law does not relieve the license
2 applicant or license holder from compliance with other provisions
3 of this act.
4 (2) If the director determines that plans and specifications
5 are incomplete or inadequate, or both, he or she shall notify the
6 license applicant or license holder in writing and shall request
7 the submission of revised plans and specifications with
8 appropriate corrections or additions. The director shall not
9 approve the plans and specifications until he or she determines
10 that the plans and specifications are complete and adequate and
11 that the food establishment is designed in accordance with the
12 food code and this act.
13 (3) Upon a determination
by the director that the plans
14 specifications are complete and adequate, the director shall mark
15 the plans and specifications showing approval and the date of
16 approval, shall notify the license applicant or license holder in
17 writing of the approval, and shall authorize construction,
18 conversion, alteration, or remodeling of the food establishment.
19 (4) Approval of plans and specifications by the director and
20 authorization for construction pursuant to the food code, this
21 act, and rules
promulgated under this act expire if
22 conversion, alteration, or remodeling has not commenced within 1
23 year from the date of approval or has been interrupted for 1 year
24 or more since the date of approval. A license applicant or
25 license holder may apply in writing to the director for an
26 extension of the approval and construction authorization before
27 the approval expires. The request for extension shall identify
1 the project for which the approval and construction authorization
2 were originally granted and the reason for requesting the
3 extension. The director may require modification of the plans and
4 specifications to incorporate updated food
5 practices or requirements, where applicable, unless the license
6 applicant or license holder has entered into binding agreements
7 or contractual obligations which cannot be canceled or modified
8 without substantial loss to the license applicant or license
9 holder as determined by the director.
10 (5) The approved plans and specifications shall be
11 kept on-site during construction and shall be available for
12 inspection by the director.
13 Sec. 6129. (1) The director shall consider the risk-based
14 evaluation methodology as described in food code annex 5, section
15 4 A-H for conducting evaluations of food establishments.
16 (2) The completed evaluation report shall specify a period
17 of time for correction of noted violations. The license holder
18 shall correct the violations within the time specified in the
20 (3) All violations which are marked as
items or priority foundation items on
22 report form shall be corrected immediately unless otherwise
23 specified. The director shall confirm corrections within 30 days
24 after the report is issued. However, if not more than 2 priority
25 foundation item violations are noted and the director determines
26 that the violations are not a risk to food safety, the director
27 may confirm correction of the priority foundation item violations
1 at the next routine evaluation.
2 Sec. 6135. (1) The name and address of the business
3 operating a mobile food establishment shall be affixed to each
4 side of the exterior of the vehicle in letters not less than 3
5 inches high and 3/8 of an inch wide and shall be in contrast to
6 the vehicle background color. When more than 1 mobile food
7 service establishment is operated by the same person, the
8 director shall assign a number to each establishment.
9 (2) A copy of limitations attached to the license of a
10 mobile food service establishment shall be carried on the mobile
11 food service establishment at all times.
12 (3) If a mobile food establishment is operating on a
13 regularly scheduled route, the
local health department having
may require the license holder to
15 copy of the route schedule
at the time when the
16 approved and every time the route schedule is changed.
A representative of the local health department The
director or the operator in the
presence of the
the local health department director shall affix 2
20 provided by the department on the mobile food establishment at
21 the time the license is issued. The decals shall be conspicuously
22 displayed on each side of the mobile food establishment so as to
23 be visible when in transit and while serving the public.
24 Sec. 7101. Subject to section 1119(2), a food
plant processor and a
food warehouse shall comply with the
regulations of the food and drug administration in 21 C.F.R. CFR
27 part 110, except that refrigerated potentially hazardous food
1 shall be stored at 4.4 degrees centigrade (40 degrees Fahrenheit)
2 or below.
3 Sec. 7104. (1) @.02 of chapter I and chapters II, VII, IX to
4 XIV, and XVI of the guide for control of molluscan shellfish are
5 incorporated by reference except to the extent provisions of this
6 act and rules specify different requirements.
7 (2) The director by rule may adopt any changes or updates to
8 the guide for control of molluscan shellfish.
9 (3) The annexes of the guide for the control of molluscan
10 shellfish are considered persuasive authority for interpretation
11 of the guide for the control of molluscan shellfish.
12 Sec. 7112. (1) 21 CFR parts 1, 70, 73, 74, 81, 82, and 100
13 to 199, as set forth on the effective date of the amendatory act
14 that added this section, are adopted by reference, except to the
15 extent that provisions of this act and rules promulgated under
16 this act specify different requirements.
17 (2) The director, by promulgation of a rule, may adopt any
18 changes or updates to 21 CFR parts 1, 70, 73, 74, 81, 82, and 100
19 to 199.
20 Sec. 7113. As used in this chapter:
21 (a) "Added fat" means the addition of fat tissue originating
22 from portions consisting of less than 12% muscle tissue in each
24 (b) "Added water" means greater moisture content than
25 normally found in meat and, except for poultry, is determined by
26 total moisture minus 4 times the percentage of protein. Added
27 water may be in the form of water or ice.
1 (c) "Artificial coloring" means coloring containing any dye
2 or pigment which was manufactured by a process of synthesis or
3 other similar artifice or by extraction of a natural dye or
4 pigment from a plant or other material from which the dye or
5 pigment was formed.
6 (d) "Artificial flavoring" means any flavoring containing
7 any sapid or aromatic constituent manufactured by synthesis or
8 similar process.
9 (e) "Binders" means food and nonfood substances used as an
10 ingredient in comminuted meats for binding, stabilizing,
11 thickening, or maintaining viscosity of the product.
12 (f) "By-products or variety meats" means hearts, livers,
13 brains, tongues, tripe, stomach, lungs, melts, eyes, weasand
14 meats, head meat, cheek meat, salivary glands, udder, lips, ears,
15 snouts, skin, feet, spleens, slaughterhouse by-products, spinal
16 cords, cracklings or crackling meal, packinghouse by-products,
processing plant food
processor by-products, partially
18 fatty tissues, and partially defatted chopped meat.
19 (g) "Candling" means the examination, in a partially
20 darkened room or place, of the interior of an egg by twirling the
21 egg before a bright light passing through an aperture in an
22 opaque shield or by another approved method.
means chopped, diced, flaked, ground,
24 or otherwise reduced to minute particles.
means food substances used as an
26 ingredient in comminuted meats primarily for replacement of meat
House Bill No. 5130 as amended May 22, 2012
means the quantity of adipose tissue
2 determined by chemical analysis.
meat" means meat that has undergone no
4 cooking, heating, or other processing except boning, cutting,
5 comminuting, or freezing.
(k) "Lamb" means meat derived from sheep less
than 1 year
7 of age.
( l ) "Meat" means the edible part of clean,
9 muscle of cattle, swine, sheep, deer and other cervids, goat,
10 turkey, duck, ratite, or chicken slaughtered in compliance with
11 all applicable laws, with or without the accompanying and
12 overlying fat, and sinew, nerve, gland, and blood vessels which
13 normally accompany the muscle tissues and which are not separated
14 from it in the process of dressing. Meat does not include
15 specified risk materials.
18 (N)>> "Shellfish" means all species of any of the following:
19 (i) Oyster, clams, or mussels whether shucked or in the
20 shell, raw, including postharvest processed, frozen or unfrozen,
21 or whole or in parts.
22 (ii) Scallops in any form, except when the final product form
23 is the adductor muscle only.
meat" means the meat that is attached to a
25 part of the skeleton, including head and cheek meat.
risk materials" means items, associated
27 with the nervous system of beef cattle, that are prohibited from
House Bill No. 5130 as amended May 22, 2012
1 human food as defined in 9 CFR 310.22.
means meat derived from a calf not more than
3 1 year of age.
4 Sec. 7114. (1) U.S. standards for shell eggs are adopted by
6 (2) Eggs described by United States department of
7 agriculture as black rots, white rots, mixed rots (addled eggs),
8 sour eggs, eggs with green whites, stuck yolks, blood rings or
9 embryos beyond blood ring stage, moldy eggs, musty eggs, bloody
10 whites, crusted yolks, eggs with abnormal odors, and any eggs
11 which contain wholly or in part a tainted, disease, filthy,
12 decomposed, or putrid substance are eggs unfit for human food.
13 (3) A person shall not sell, offer, or expose for sale to
14 the consumer or to the retail trade, or have in his or her
15 possession with intent to sell to the consumer, or to the retail
16 trade, any egg unfit for human food. Such an egg shall be broken
17 out of the shell and denatured or destroyed by methods approved
18 by the director so that it cannot be used for human food.
19 (4) The final determination of all grade and quality factors
20 of an official sample of shell eggs from domesticated chickens
21 shall be made by visual examination of the egg to determine
22 cleanliness, soundness of shell, and exterior quality, and by
23 candling or breaking to determine interior quality. The
24 examination shall be made by a competent representative
25 authorized by the director. The representative shall certify the
26 results of the examination and his or her certificate shall be
27 prima facie evidence of the facts certified to in any court where
1 the certificate is offered in evidence.
2 (5) All eggs from domesticated chickens sold, offered, or
3 exposed for sale, or advertised for sale by a retailer or
4 wholesaler shall be marked as follows to conform to the following
5 applicable size requirement:
6 (a) "Jumbo", if the eggs weigh at the rate of not less than
7 30 ounces per dozen, with no eggs below the rate of 29 ounces per
9 (b) "Extra large", if the eggs weigh at the rate of not less
10 than 27 ounces per dozen, with no eggs below the rate of 26
11 ounces per dozen.
12 (c) "Large", if the eggs weigh at the rate of not less than
13 24 ounces per dozen, with no eggs below the rate of 23 ounces per
15 (d) "Medium", if the eggs weigh at the rate of not less than
16 21 ounces per dozen, with no eggs below the rate of 20 ounces per
18 (e) "Small", if the eggs weigh at the rate of not less than
19 18 ounces per dozen, with no eggs below the rate of 17 ounces per
21 (f) "Peewee", if the eggs weigh at the rate of not less than
22 15 ounces per dozen.
23 (6) All advertising of eggs shall include the correct
24 unabbreviated size designation in describing eggs. The correct
25 unabbreviated size designation shall also appear on the exterior
26 of any container, open or closed, in which eggs are offered for
27 sale to the retailer or the consumer.
1 (7) A person shall not by himself or herself or his or her
2 agents sell, offer, or expose for sale, advertise, or in any
3 manner represent for sale as strictly fresh, hennery, new laid,
4 best, grade A, number 1, fancy, special, extra, selected, direct
5 from the farm, or under any word, figures, symbols, or
6 description of similar import, any eggs which are not fresh. An
7 egg is not considered fresh unless it meets the standards of
8 quality specified for the U.S. AA or A quality, or the
9 equivalent, as designated in U.S. standards for shell eggs for
10 individual eggs or in standards prescribed by the director by
12 (8) All eggs from domesticated chickens sold, offered or
13 exposed for sale, or advertised for sale by a retailer or
14 wholesaler shall be labeled or marked to conform to one of the
15 following grade requirements:
16 (a) Eggs that fully meet the specifications of U.S. AA
17 quality or fresh fancy quality, or the equivalent thereof, as
18 described in U.S. standards for shell eggs, shall be labeled and
19 advertised as grade AA or fresh fancy eggs, Michigan seal of
20 quality eggs, grade A or grade B eggs.
21 (b) Eggs that fully meet the specifications of the U.S. A
22 quality, or the equivalent thereof, as described in U.S.
23 standards for shell eggs, shall be labeled and advertised as
24 grade A or grade B eggs.
25 (c) Eggs that fully meet the specifications of a U.S. B
26 quality, or the equivalent thereof, as described in U.S.
27 standards for shell eggs, shall be labeled and advertised as
House Bill No. 5130 as amended May 22, 2012
1 grade B eggs.
2 (d) Eggs that do not meet the grade requirements of
3 subdivision (a), (b), or (c) shall not be offered for sale or
4 sold in the shell. Those eggs may be broken out of the shell at
5 the grading plant or grading station or may be offered for sale
6 or sold to an egg breaking plant.
7 (9) Eggs shall be held and transported at or below 45
8 degrees Fahrenheit ambient temperature beginning 36 hours after
9 time of lay. If the eggs are to be processed as table eggs and
10 are not processed for the ultimate consumer within 36 hours from
11 the time of lay and, therefore, are held and transported as
12 required at or below 45 degrees Fahrenheit ambient temperature,
13 then the eggs may be held at room temperature for no more than 36
14 hours just prior to processing to allow an equilibration step to
15 temper the eggs.
<<(10) This act does not apply to a person who meets all of
the following requirements:
(a) Is directly responsible for producing eggs from fewer than
(b) Only sells eggs directly to consumers or first receivers.
(c) Only sells eggs in containers that each bear a label
stating "packaged in a facility that has not been inspected by the
(d) Does not sell eggs through the internet or by mail order
16 Sec. 7133. (1) All products manufactured under terms of this
17 chapter may be sold in colored artificial casings or container
18 only if
they the products
are in complete compliance with all
19 applicable regulations of the United States department of
20 agriculture. These products shall not be sold in colored natural
22 (2) In addition to the requirements of section
1105(1)(a), any product
purview of this section shall
be considered manufactured
under the terms of this chapter is
25 adulterated if it is the product of an animal which has died
26 otherwise than by slaughter.
27 Sec. 7137. Food
may shall not contain unapproved
1 additives or additives that exceed amounts specified in 21 CFR
2 parts 170 to 180 relating to food additives, generally recognized
3 as safe or prior sanctioned substances that exceed amounts
4 specified in 21 CFR parts 181 to 186, substances that exceed
5 amounts established under applicable regulations of the United
6 States department of agriculture food safety inspection service,
7 or pesticide residues that exceed provisions specified in 40 CFR
9 Sec. 8107. (1) As used in this section:
10 (a) "Date" means 1 of the following:
11 (i) For perishable food, the recommended last day of sale.
12 (ii) For nonperishable food, the recommended last day of sale
13 or consumption, if any.
(b) "Perishable food" means any food in package form
the manufacturer, packer, or retailer, in conjunction with the
department, determines as having a significant risk of spoilage,
loss of value, or loss of palatability within 90 days of the date
means packaged prior to being
20 displayed or offered for sale.
21 (2) A retail food establishment shall not sell or offer for
22 sale a prepackaged perishable food unless
there is clearly and
conspicuously stamped upon or attached to the package bears
24 label with a date identified by month and day, except that bakery
25 products with a shelf life of 7 days or less may be dated with a
26 day of the week or an abbreviation. A retail food establishment
27 may sell or offer for sale a prepackaged nonperishable food with
1 or without a label that bears a date.
2 (3) The date for prepackaged perishable food may be
3 displayed with or without explanatory terms. If explanatory terms
4 are used,
terms shall be limited to 1 of the
5 "Sell by _____", "Sell before _____", "Last date of sale _____",
6 "Recommended last date of sale _____", or "Recommended sale date
7 _____". Other meaningful terms may be used if specifically
8 approved by the department.
Except for A
retail food establishment shall not sell or
10 offer for sale any of the following foods under the following
12 (a) After the date, meat that has been removed from a
13 federally inspected retail
packages, this section does not
prohibit the sale of food after package.
(b) After the date,
the product nonperishable
16 prepackaged perishable food unless the food is wholesome and
17 sound and is clearly identified as having passed the date.
18 (c) Nonperishable food that is no longer wholesome or sound.
19 (5) The retail or final seller is responsible for the proper
20 advertisement of
perishable food sold after the date.
21 (6) A person who prepackages nonperishable food and chooses
22 to label the food with a date or who prepackages perishable food
23 shall do all of the following:
24 (a) Establish a meaningful date that takes into
25 consideration the food quality and characteristics of the food,
26 its packaging, and customary conditions encountered in commercial
the date is the recommended last day of sale,
2 allow a reasonable period after the date for consumption of the
3 food without physical spoilage.
4 (c) Keep a record of the method of determination of the
6 (7) A retailer who purchases prepackaged perishable food
7 may, upon written agreement with the person prepackaging such
8 food, determine, identify, and be responsible for the date
on, or attached to, that
each package of such food bears on a
11 (8) The date shall not be altered. A person shall not rewrap
12 or repackage a
perishable food, in its original form and
13 with a date on the package different from the original.
the date is the recommended last day of sale, the
15 date shall be calculated to allow a reasonable period for the
16 subsequent consumption of the food, but shall not allow for a
17 period which would result in a health nuisance as described in
18 section 2107.
19 (10) This section does not apply to fresh fruits and
, canned food, and frozen food and does not apply to
21 milk and milk products dated in accordance with the grade A milk
22 law of 2001, 2001 PA 266, MCL 288.471 to 288.540.
23 (11) The requirements of this section do not apply to any of
24 the following:
25 (a) An individually packaged food item that is a component
26 of a larger food item if the larger food item is identified with
27 a date the same as or earlier than the date of that component.
House Bill No. 5130 as amended May 22, 2012
1 (b) Perishable foods packaged under, and in compliance with,
2 federal laws and regulations, if providing information equal to
3 or greater than the information required by this section.
4 (c) Smoked fish under the smoked fish rules.
5 Enacting section 1. All of the following are repealed:
6 (a) Section 2103 of the food law of 2000, 2000 PA 92, MCL
8 (b) 1963 PA 244, MCL 289.321 to 289.336.
<<Enacting section 2. This amendatory act takes effect
October 1, 2012.>>