February 9, 2017, Introduced by Reps. Hornberger, Hughes and Frederick and referred to the Committee on Regulatory Reform.


     A bill to amend 2000 PA 92, entitled


"Food law,"


by amending sections 1105, 3113, and 6101 (MCL 289.1105, 289.3113,


and 289.6101), section 1105 as amended by 2014 PA 516, section 3113


as amended by 2016 PA 188, and section 6101 as amended by 2012 PA






     Sec. 1105. (1) As used in this act:


     (a) "Adulterated" means food to which any of the following




     (i) It bears or contains any added poisonous or added


deleterious substance that may render it injurious to health unless


the substance is not an added substance and the quantity of that


substance in the food does not ordinarily render it injurious to




     (ii) It bears or contains any added poisonous or added


deleterious substance, other than a substance that is a pesticide


chemical in or on a raw agricultural commodity; a food additive; or


a color additive considered unsafe within the meaning of subsection




     (iii) It is a raw agricultural commodity that bears or


contains a pesticide chemical considered unsafe within the meaning


of subsection (2).


     (iv) It bears or contains any food additive considered unsafe


within the meaning of subsection (2). However, if a pesticide


chemical has been used in or on a raw agricultural commodity in


conformity with an exemption granted or limitation prescribed under


subsection (2) and the raw agricultural commodity has been


subjected to processing, the residue of that pesticide chemical


remaining in or on that processed food is, notwithstanding the


provisions of subsection (2) and this subdivision, not considered


unsafe if that residue in or on the raw agricultural commodity has


been removed to the extent possible in good manufacturing practice


and if the concentration of that residue in the processed food when


ready to eat is not greater than the tolerance prescribed for the


raw agricultural commodity.


     (v) It is or contains a new animal drug or conversion product


of a new animal drug that is unsafe within the meaning of section


360b of the federal act, 21 USC 360b.


     (vi) It consists in whole or in part of a diseased,


contaminated, filthy, putrid, or decomposed substance or it is

otherwise unfit for food.


     (vii) It has been produced, prepared, packed, or held under


unsanitary conditions in which it may have become contaminated with


filth or in which it may have been rendered diseased, unwholesome,


or injurious to health.


     (viii) It is the product of a diseased animal or an animal


that has died other than by slaughter or that has been fed uncooked


garbage or uncooked offal from a slaughterhouse.


     (ix) Its container is composed, in whole or in part, of any


poisonous or deleterious substance that may render the contents


injurious to health.


     (x) A valuable constituent has been in whole or in part


omitted or abstracted from the food; a substance has been


substituted wholly or in part for the food; damage or inferiority


has been concealed in any manner; or a substance has been added to


the food or mixed or packed with the food so as to increase its


bulk or weight, reduce its quality or strength, or make it appear


better or of greater value than it is.


     (xi) It is confectionery and has partially or completely


imbedded in it any nonnutritive object except if, as provided by


rules, the object is of practical functional value to the


confectionery product and would not render the product injurious or


hazardous to health; it is confectionery and bears or contains any


alcohol other than alcohol not in excess of 1/2 of 1% 0.5% by


volume derived solely from the use of flavoring extracts; or it is


confectionery and bears or contains any nonnutritive substance


except a nonnutritive substance such as harmless coloring, harmless

flavoring, harmless resinous glaze not in excess of 4/10 of 1%,


0.4%, harmless natural wax not in excess of 4/10 of 1%, 0.4%,


harmless natural gum and pectin or any chewing gum by reason of its


containing harmless nonnutritive masticatory substances which is in


or on the confectionery by reason of its use for some practical


functional purpose in the manufacture, packaging, or storage of


such confectionery if the use of the substance does not promote


deception of the consumer or otherwise result in adulteration or


misbranding in violation of this act. For the purpose of avoiding


or resolving uncertainty as to the application of this subdivision,


the director may issue rules allowing or prohibiting the use of


particular nonnutritive substances.


     (xii) It is or bears or contains any color additive that is


unsafe within the meaning of subsection (2).


     (xiii) It has been intentionally subjected to radiation,


unless the use of the radiation was in conformity with a rule or


exemption under this act or a regulation or exemption under the


federal act.


     (xiv) It is bottled water that contains a substance at a level


higher than allowed under this act.


     (b) "Advertisement" means a representation disseminated in any


manner or by any means, other than by labeling, for the purpose of


inducing, or which is likely to induce, directly or indirectly, the


purchase of food.


     (c) "Agricultural use operation" means a maple syrup


production facility or similar food establishment that finishes a


raw commodity and is integral to the agricultural production of,

and is located at, a farm. An agricultural use operation is not


considered a food processor or retail processing operation for


purposes of personal or real property but must meet those same


standards and licensing requirements as prescribed in this act.


     (d) "Bed and breakfast" means a private residence that offers


sleeping accommodations to transient tenants in 14 or fewer rooms


for rent, is the innkeeper's residence in which the innkeeper


resides while renting the rooms to transient tenants, and serves


breakfasts, or other meals in the case of a bed and breakfast


described in section 1107(t)(ii), at no extra cost to its transient


tenants. A bed and breakfast is not a food service establishment if


exempt under section 1107(t)(ii) or (iii).


     (e) "Color additive" means a dye, pigment, or other substance


that is made by a process of synthesis or similar artifice or is


extracted, isolated, or otherwise derived, with or without


intermediate or final change of identity from a vegetable, animal,


mineral, or other source, or when added or applied to a food or any


part of a food is capable alone or through reaction with other


substances of imparting color to the food. Color additive does not


include any material that is exempt or hereafter is exempted under


the federal act. This subdivision does not apply to any pesticide


chemical, soil or plant nutrient, or other agricultural chemical


solely because of its effect in aiding, retarding, or otherwise


affecting, directly or indirectly, the growth of other natural


physiological process of produce of the soil and thereby affecting


its color, whether before or after harvest. Color includes black,


white, and intermediate grays.

     (f) "Consumer" means an individual who is a member of the


public, takes possession of food, is not functioning in the


capacity of an operator of a food establishment or food processor,


and does not offer the food for resale.


     (g) "Contaminated with filth" means contaminated as a result


of not being securely protected from dust, dirt, and, as far as may


be necessary by all reasonable means, from all foreign or injurious




     (h) "Continental breakfast" means the serving of only non-


potentially-hazardous food such as a roll, pastry or doughnut,


fruit juice, or hot beverage, but may also include individual


portions of milk and other items incidental to those foods.


     (i) "Core item" means a provision in the food code that is not


designated as a priority item or a priority foundation item. Core


item includes both any of the following:


     (A) An item that usually relates to general sanitation,


operational controls, sanitation standard operating procedures


(SSOPs), facilities or structures, equipment design, or general




     (B) The requirements of section 2129(2) and 6152(1).


     (C) The requirements of section 6101(1)(d).


     (j) "Cottage food operation" means a person who produces or


packages cottage food products only in a kitchen of that person's


primary domestic residence within this state.


     (k) "Cottage food product" means a food that is not


potentially hazardous food as that term is defined in the food


code. Examples of cottage food product include, but are not limited

to, jams, jellies, dried fruit, candy, cereal, granola, dry mixes,


vinegar, dried herbs, and baked goods that do not require


temperature control for safety. Cottage food product does not


include any potentially hazardous food regulated under 21 CFR parts


113 and 114, examples of which include, but are not limited to,


meat and poultry products; salsa; milk products; bottled water and


other beverages; and home-produced ice products. Cottage food


product also does not include canned low-acid fruits or acidified


vegetables and other canned foods except for jams, jellies, and


preserves as defined in 21 CFR part 150.


     (2) Any An added poisonous or deleterious substance, food


additive, pesticide chemical in or on a raw agricultural commodity,


or color additive is considered unsafe for the purpose of


subsection (1)(a), unless there is in effect a federal regulation


or exemption from regulation under the federal act, the federal


meat inspection act, 21 USC 601 to 683, 695, the federal poultry


and poultry products inspection act, 21 USC 451 to 472, or another


federal statute, or a rule 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 federal regulation or exemption or the rule.


     Sec. 3113. (1) A county, city, village, or township shall not


regulate those aspects of food service establishments that are


subject to regulation under this act except to the extent necessary


to carry out the responsibility of a local health department to


implement licensing provisions of chapter IV. In addition, a local


unit of government may adopt and enforce an ordinance that is more

restrictive than section 6-501.115(B)(6) of the food code as set


forth in section 6101(1)(d).


     (2) This chapter does not relieve the applicant for a license


or a licensee from responsibility for securing a local permit or


complying with applicable local codes, regulations, or ordinances


not in conflict with this act.


     Sec. 6101. (1) Chapters 1 through 8 of the food code are


incorporated by reference except as amended and modified as




     (a) Where provisions of this act and rules specify different




     (b) Section 3-401.14 is modified to read as follows:


     "3-401.14 Non-Continuous Cooking of Raw Animal Foods.


     Raw animal foods that are cooked using a non-continuous


cooking process shall be:


     (A) Subject to an initial heating process that is no longer


than 60 minutes in duration;P


     (B) Immediately after initial heating, cooled according to the


time and temperature parameters specified for cooked potentially


hazardous food (time/temperature control for safety food) under


paragraph 3-501.14(A);P


     (C) After cooling, held frozen or cold, as specified for


potentially hazardous food (time/temperature control for safety


food) under paragraph 3-501.16(A)(2);P


     (D) Prior to sale or service, cooked using a process that


heats all parts of the food to a time/temperature specified in


paragraph 3-401.11(A);P

     (E) Cooled according to the time and temperature parameters


specified for cooked potentially hazardous food (time/temperature


control for safety food) under paragraph 3-501.14(A) if not either


hot held as specified under paragraph 3-501.16(A), served


immediately, or held using time as a public health control as


specified under section 3-501.19 after complete cooking;P and


     (F) Stored as follows:


     (1) After initial heating but prior to before cooking as


specified under paragraph (D) of this section, separate from ready-


to-eat foods as specified under paragraph section 3-302.11;Pf and


     (2) After initial heating, but prior to before complete


cooking, marked or otherwise identified as foods that must be


cooked as specified under paragraph (D) of this section prior to


before being offered for sale or service.Pf The food may be


identified in any effective manner provided that the marking system


is disclosed to the regulatory authority upon request.".


     (c) Section 2-103.11(L) is modified to read as follows:


     "Employees are properly trained in food safety as it relates


to their assigned duties;Pf and".


     (d) Section 6-501.115(B) is modified by the addition of


subparagraph (6) that reads as follows:


     "(6) A dog that is controlled by a customer in an outdoor


dining area of a food service establishment if all of the following




     (A) A health or safety hazard will not result from the


presence or activities of the dog.


     (B) All of the following requirements are met:

     (I) The dog does not pass through the interior of the food


service establishment or any playground area of the food service


establishment to enter the outdoor dining area. A separate entrance


must be provided from the exterior of the food service


establishment to the outdoor dining area.


     (II) The outdoor dining area is maintained free of visible dog


hair, dog dander, and other dog-related waste and debris. The


outdoor dining area is cleaned and disinfected appropriately as




     (III) Surfaces contaminated by the waste created from the


dog's bodily functions are immediately cleaned and disinfected.


     (IV) Equipment used to clean and that comes in contact with


waste from a dog's bodily functions is stored separate from all


other cleaning equipment and is not used for other cleaning




     (V) All dog waste is disposed of at least daily


outside of the food service establishment in a covered waste




     (VI) An employee who touches the dog or cleans waste from the


dog's bodily functions does not serve food or beverages or handle


tableware until the employee has washed his or her hands.


     (VII) The dog is not allowed on a seat, chair, or


customer's lap, or allowed to contact a tabletop, countertop, or


similar surface in the outdoor dining area.


     (VIII) The dog is not allowed to contact reusable tableware


unless the tableware is dedicated to use by dogs and readily


distinguishable as such or is provided by the customer handling the



     (IX) The dog is not allowed in an area where food is prepared.


     (X) The dog is not unattended.


     (XI) The customer is 18 years of age or older.


     (XII) The customer keeps the dog on a leash.


     (C) The food service establishment does all of the following:


     (I) Maintains at the food service establishment and makes


available to the regulatory authority or a customer upon request


written procedures that ensure compliance with the requirements of


sub-subparagraph (B).


     (II) Before allowing a dog within the food service


establishment, notifies the local health department in writing that


the food service establishment intends to allow customers' dogs to


accompany customers in the outdoor dining area of the food service


establishment. The food service establishment shall mail the notice


by first-class mail or deliver the notice not less than 30 days


before allowing dogs to accompany customers. The notice is


effective while the food service establishment remains in business.


The food service establishment is not required to mail or deliver


more than 1 notice.


     (D) The food service establishment may do any of the




     (I) Determine the location and the amount of space designated


for a customer accompanied by the customer's dog.


     (II) Establish a limit on the size and type of dog and any


other limitation relating to a customer's dog.


     (III) Deny entry to or eject from the food service

establishment a customer and the customer's dog.".


     (2) The owner of a dog brought into a food service


establishment under subsection (1)(d) is liable for any damage or


injury to the food service establishment, an employee of the food


service establishment, or a customer of the food service


establishment caused by the dog.


     (3) (2) The director, by rule, may adopt any changes or


updates to the food code.


     (4) (3) The annexes of the food code are considered persuasive


authority for interpretation of the food code.


     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.