MCL - Index of Chapter 289
NOTE: Dates reflect any modification to item, not necessarily a change in law.
| Title | Subject |
|---|---|
| Chapter 289 | PURE FOODS AND STANDARDS |
| Act 263 of 1917 | Repealed-FOOD AND DRUG COMMISSIONER (289.2 - 289.12) |
| Act 211 of 1893 | DAIRY AND FOOD COMMISSIONER (289.35 - 289.49) |
| Section 289.35 | State food analyst, chemists, inspectors; oath, tenure, laboratory, salaries, expenses, chemical supplies. |
| Section 289.36 | Dairy, food and drink products; inspection, analysis; commencement of proceedings; right of entry; warning notice; failure to obey, penalty. |
| Section 289.37 | Seizure of goods; analysis of sample; show cause hearing; summons; judgment; forfeiture of seized goods; appeal; disposition of proceeds; duty of prosecuting attorney. |
| Section 289.38 | Giving of certificate by state analyst unlawful. |
| Section 289.39 | Annual report to governor; contents, publication; monthly bulletin, contents, distribution, number limited. |
| Section 289.40 | Interference with food commissioners or inspectors; penalty. |
| Section 289.43 | Investigation of creameries, dairy products factories; giving of instruction. |
| Section 289.44 | Warning notice; distributors of impure milk or cream; failure to obey, penalty. |
| Section 289.45 | Warning notice; operators of unsanitary creameries, dairy products factories; failure to obey, penalty. |
| Section 289.48 | Repealed. 1975, Act 120, Imd. Eff. June 26, 1975. |
| Section 289.49 | Annual report to governor; contents. |
| Act 167 of 1899 | Repealed-DAIRY AND FOOD COMMISSIONER (289.61 - 289.61) |
| Act 37 of 1913 | COLLECTION OF FEES (289.71 - 289.73) |
| Section 289.71 | Collection of fees; suit to recover fees due. |
| Section 289.72 | Suit to recover fees due; venue, procedure, judgment; disposition of moneys recovered; prerequisite notice to defendant. |
| Section 289.73 | Expenses. |
| Act 193 of 1895 | Repealed-FOOD; ADULTERATION, FRAUD, AND DECEPTION (289.81 - 289.100) |
| Act 64 of 1913 | STANDARDS OF PURITY FOR FOOD AND DRUGS (289.111 - 289.111) |
| Section 289.111 | Food products; legal standards of purity. |
| Act 411 of 1919 | Repealed-BUSINESS OF CANNING AND PRESERVING (289.121 - 289.133) |
| Act 7 of 1905 | Repealed-USE OF PRESERVATIVES (289.141 - 289.142) |
| Act 165 of 1943 | Repealed-USE OF SACCHARIN, SODIUM CYCLAMATE, OR CALCIUM CYCLAMATE (289.151 - 289.151) |
| Act 344 of 1917 | Repealed-WAREHOUSES, COLD STORAGE PLANTS, AND SLAUGHTERHOUSES (289.201 - 289.203) |
| Act 355 of 1941 | Repealed-FROZEN FOOD LOCKER PLANTS (289.211 - 289.219) |
| Act 259 of 1933 | Repealed-SAUSAGE (289.231 - 289.242) |
| Act 340 of 1913 | Repealed-IMMATURE OR UNWHOLESOME CALVES (289.251 - 289.253) |
| Act 166 of 1957 | Repealed-FALSE ADVERTISING OF MEAT AND MEAT PRODUCTS (289.261 - 289.268) |
| Act 315 of 1972 | Repealed-STATEMENTS AS TO MEATS (289.271 - 289.276) |
| Act 115 of 1939 | Repealed-EGGS (289.301 - 289.313) |
| Act 244 of 1963 | Repealed-EGGS (289.321 - 289.336) |
| Act 126 of 1927 | Repealed-SOFT DRINKS (289.401 - 289.418) |
| Act 208 of 1903 | Repealed-BUCKWHEAT FLOUR (289.501 - 289.505) |
| Act 418 of 1919 | PEPPER, CLOVES, AND NUTMEG (289.521 - 289.526) |
| Section 289.521 | Black pepper; standards. |
| Section 289.522 | White pepper; standards. |
| Section 289.523 | Red pepper; standards. |
| Section 289.524 | Cloves; standards. |
| Section 289.525 | Nutmegs; standards. |
| Section 289.526 | Violation of act; penalty. |
| Act 280 of 1996 | MAPLE SYRUP (289.531 - 289.534) |
| Section 289.531 | Maple syrup in retail packages; sale, display, or intent to sell; conformance with federal standards. |
| Section 289.532 | Enforcement of act; issuance and use of seal of quality or other logo. |
| Section 289.533 | Violation as misdemeanor; penalty. |
| Section 289.534 | Injunctive relief. |
| Act 123 of 1903 | Repealed-CORN SYRUP (289.541 - 289.542) |
| Act 384 of 1913 | Repealed-VINEGAR (289.551 - 289.559) |
| Act 228 of 1952 | Repealed-MICHIGAN COMMINUTED MEAT LAW (289.581 - 289.592) |
| Act 69 of 1956 | Repealed-GRAIN TREATED WITH POISONOUS OR INJURIOUS SUBSTANCE (289.611 - 289.614) |
| Act 70 of 1961 | Repealed-SEAL OF QUALITY ACT (289.631 - 289.646) |
| Act 39 of 1968 | Repealed-MICHIGAN FOOD LAW OF 1968 (289.701 - 289.727) |
| Act 328 of 1978 | Repealed-FOOD PROCESSING ACT OF 1977 (289.801 - 289.810) |
| Act 381 of 1998 | MICHIGAN AGRICULTURAL PROCESSING ACT (289.821 - 289.825) |
| Section 289.821 | Short title. |
| Section 289.822 | Definitions. |
| Section 289.823 | Processing operation as public or private nuisance. |
| Section 289.824 | Nuisance complaints; exhaustion of administrative remedies; investigation; memorandum of understanding with department of environmental quality; resolution; notice of finding; determination; costs; "unverified nuisance complaint" defined. |
| Section 289.825 | Applicability of state and federal statutes. |
| E.R.O. No. 2007-27 | EXECUTIVE REORGANIZATION ORDER (289.841 - 289.841) |
| Section 289.841 | Abolishment of consumer food safety education fund advisory committee; transfer of powers and duties to department of agriculture. |
| Act 92 of 2000 |
FOOD LAW (289.1101 - 289.8111) ***** Subsection (2) is not applicable after December 31, 2020 ***** |
| 92-2000-I | CHAPTER I SHORT TITLE, SCOPE, DEFINITIONS (289.1101...289.1121) |
| Section 289.1101 | Short title. |
| Section 289.1103 | Scope. |
| Section 289.1105 | Definitions; A to C; unsafe substances, additives, or chemicals. |
| Section 289.1107 | Definitions; D to F. |
| Section 289.1109 | Definitions; G to P. |
| Section 289.1111 | Definitions; R to W. |
| Section 289.1113 | Terms defined in act; meanings; use of terms "critical violation" and "noncritical violation." |
| Section 289.1115 | Repealed. 2007, Act 113, Eff. Apr. 1, 2008. |
| Section 289.1117 | Repealed. 2007, Act 113, Eff. Apr. 1, 2008. |
| Section 289.1119 | Rules; “act” and “establishment” defined. |
| Section 289.1121 | Authority and powers of director. |
| 92-2000-II | CHAPTER II POWERS AND DUTIES OF THE DEPARTMENT (289.2101...289.2132) |
| Section 289.2101 | Powers and duties of director. |
| Section 289.2103 | Repealed. 2012, Act 178, Eff. Oct. 1, 2012. |
| Section 289.2105 | Seizure or embargo of food without warrant; tag or marking as notice of adulterated or misbranded food; complaint; findings and order of court. |
| Section 289.2107 | Adulterated food as nuisance. |
| Section 289.2109 | Destruction of seized food. |
| Section 289.2111 | Evaluation of food establishment by director; access; securing samples of food; examination of records; photographs or copies of records as evaluation; confidentiality. |
| Section 289.2113 | Order to cease food operations; resumption; reevaluation; hearing. |
| Section 289.2115 | Disease transmission by employee; investigations. |
| Section 289.2117 | Annual report; dissemination of information. |
| Section 289.2119 | Rules; evaluation, consultation, and training support to local health departments; review; criteria. |
| Section 289.2121 | License limitations; notice; hearing. |
| Section 289.2123 | License limitations; reevaluation; removal of limitations and reinstatement of license. |
| Section 289.2124 | Access to markets for food; certificate of free sale; application; fees; "certificate of free sale" defined. |
| Section 289.2125 | Fees for certain services. |
| Section 289.2127 | Manager food safety training; conditions for requiring. |
| Section 289.2129 | Certification of managerial employee under program accredited by American National Standards Institute; food safety training containing allergen awareness component; requirements; records documenting compliance; applicability of subsection (2); rules; updates; implementation of food handler program, employee health certification program, or manager certification program by local legislative body. |
| Section 289.2131 | Definition and standard of identity; rules fixing and establishing. |
| Section 289.2132 | Agreements with other states and federal government. |
| 92-2000-III | CHAPTER III DELEGATION (289.3103...289.3139) |
| Section 289.3103 | Definitions. |
| Section 289.3105 | Enforcement; delegation to local health department; exceptions. |
| Section 289.3107 | Enforcement; delegation to certified health department. |
| Section 289.3109 | Local health departments as authorized agents. |
| Section 289.3111 | Retention of authority under MCL 333.2401 to 333.2498. |
| Section 289.3113 | Compliance with applicable local laws; conflict. |
| Section 289.3115 | Review of license application by local health department; inspection of establishment; temporary food establishment serving only low-risk food; in-office consultation; forward of approval or limitation to department. |
| Section 289.3117 | Hearing; enforcement procedure; availability. |
| Section 289.3119 | Required fees; collection; exemptions; forwarding applications. |
| Section 289.3121 | Evaluations; maintenance and retention of records. |
| Section 289.3123 | Evaluations; frequency. |
| Section 289.3125 | Evaluations; reducing frequency; limitation. |
| Section 289.3127 | Evaluation findings; report. |
| Section 289.3129 | Foodborne diseases and poisonings; allegation; investigation; notice. |
| Section 289.3131 | Communications system; development; implementation; provisions; availability of information. |
| Section 289.3133 | Analysis of food samples; utilization of laboratories. |
| Section 289.3135 | Certification of local health department; application; qualifications. |
| Section 289.3137 | Reports made by certified health departments; review and evaluation; conduct of evaluation quality assurance program; report to department; findings of department review or evaluation. |
| Section 289.3139 | Notice of deficiencies; hearing; revocation of certification; reapplication. |
| 92-2000-IV | CHAPTER IV LICENSING (289.4101...289.4129) |
| Section 289.4101 | Food establishment license; scope. |
| Section 289.4102 | Cottage food operation; exemption from licensing and evaluation provisions; requirements. |
| Section 289.4103 | Application for license; submission; forms; information; mobile food establishment license; commissary service; forwarding recommendations to department; temporary license. |
| Section 289.4105 | Person, establishment, or organization exempt from licensure. |
| Section 289.4107 | Food establishment license; qualifications. |
| Section 289.4109 | Expiration of license; duration of temporary license. |
| Section 289.4111 | License fees; food sanitation fees; initial application fee as nonrefundable; convenience fee. |
| Section 289.4113 | Late fee; imposition; waiver; retention; use. |
| Section 289.4114 | Shellfish dealer; certification required. |
| Section 289.4115 | Bottled water; registration of brand; expiration; late fee. |
| Section 289.4116 | Receipt of completed application; issuance of license within certain time period; "completed application" defined. |
| Section 289.4117 | Dairy and food safety fund; credit of money collected; creation; investment; lapse; administration; consumer food safety education fund; industry food-safety education fund; creation; use and carrying forward of funds; "fee-exempt food establishment" defined. |
| Section 289.4119 | Posting and display of license; “conspicuous place” explained. |
| Section 289.4121 | Changes proposed by food establishment; notice. |
| Section 289.4123 | Transfer of license; limitation. |
| Section 289.4125 | Issuance of license; requirements; hearing; revocation or suspension of license; period of refusal to issue or reissue license; summary suspension. |
| Section 289.4127 | Summary suspension of license; petition for hearing; commencement of proceedings; reinstatement. |
| Section 289.4129 | Denial of license or registration; hearing; commencement; conduct. |
| 92-2000-V | CHAPTER V PROHIBITED ACTS AND PENALTIES (289.5101...289.5115) |
| Section 289.5101 | Prohibited acts; violation. |
| Section 289.5103 | Misleading labeling or advertisement; liability of disseminator of information. |
| Section 289.5104 | Donated food; criminal or civil liability; immunity; employment or designation of food safety manager. |
| Section 289.5105 | Administrative fines or costs. |
| Section 289.5107 | Violations; penalties; costs of investigation. |
| Section 289.5109 | Report of violation as condition. |
| Section 289.5111 | Jurisdiction of court; restraining order. |
| Section 289.5113 | Application of remedies. |
| Section 289.5115 | Decision or order; direct review. |
| 92-2000-VI | CHAPTER VI STANDARDS FOR FOOD ESTABLISHMENTS (289.6101...289.6152) |
| Section 289.6101 | Incorporation by reference; changes or updates by rule; annexes. |
| Section 289.6103 | Plan review exemption. |
| Section 289.6105 | Plans and specifications; transmittal letter; fees; rejection. |
| Section 289.6107 | Plans and specifications; review by director; revisions; approval; expiration; availability for inspection. |
| Section 289.6109 | Plans and specifications; conditions to approval. |
| Section 289.6111 | Approved plans and specifications; submission of changes; as-built plans. |
| Section 289.6113 | Rescission of construction authorization. |
| Section 289.6115 | Preopening evaluation. |
| Section 289.6117 | Exhaust ventilation; design, construction, and installation. |
| Section 289.6119 | Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. |
| Section 289.6121 | Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. |
| Section 289.6123 | Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. |
| Section 289.6125 | Ice bins and machines; connection with waste line. |
| Section 289.6127 | Repealed. 2009, Act 188, Eff. May 1, 2010. |
| Section 289.6129 | Consideration of risk-based evaluation methodology; evaluation report; priority items or priority foundation items; correction. |
| Section 289.6131 | Mobile units with retention tanks; sanitary disposal of liquid waste. |
| Section 289.6133 | Mobile food establishment operating at fixed location; temporary license. |
| Section 289.6135 | Mobile food establishment; affixing name and address to vehicle; carrying copy of limitations; route schedule; decals. |
| Section 289.6137 | Special transitory food unit license; procedures; qualifications; noncompliance. |
| Section 289.6139 | Sulfiting agents; prohibition. |
| Section 289.6140 | Milk and milk products. |
| Section 289.6141 | Antichoking techniques; display of poster. |
| Section 289.6143 | Preparation or service of wild game by nonprofit organization; requirements. |
| Section 289.6145 | Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. |
| Section 289.6147 | Disaster; cessation of operations; report; emergency plans as temporary alternative procedures. |
| Section 289.6149 | Definitions; satisfaction of section 3-603.11 of food code; statement; disclosures and reminders; text; exemptions. |
| Section 289.6150 | Definitions; presence or lack of artificial trans fat; statement; language. |
| Section 289.6151 | Repealed. 2007, Act 113, Eff. Apr. 1, 2008. |
| Section 289.6152 | Food allergy awareness; display of poster; rules; private cause of action. |
| 92-2000-VII | CHAPTER VII FOOD AND PROCESSING STANDARDS (289.7101...289.7137) |
| Section 289.7101 | Compliance with federal regulations; exception. |
| Section 289.7103 | Processing low-acid foods; requirements. |
| Section 289.7104 | Control of molluscan shellfish. |
| Section 289.7105 | Processor of seafood; waiver for processor of smoked fish. |
| Section 289.7106 | Processors of juice; safe cider production. |
| Section 289.7107 | Bottled water; approval of source and water supply; maximum levels of substances; labeling of water dispensing machine. |
| Section 289.7109 | Operation of bottled water plant or bottle water; compliance with federal regulations. |
| Section 289.7111 | Packaged food; compliance with federal regulations. |
| Section 289.7112 | Adoption of federal regulations. |
| Section 289.7113 | Definitions. |
| Section 289.7114 | Shell eggs. |
| Section 289.7115 | Sausage; contents; definitions; requirements. |
| Section 289.7117 | Hamburger or ground beef; contents. |
| Section 289.7119 | Other comminuted meat food products; compliance with federal regulations. |
| Section 289.7121 | Chili or chili con carne; contents. |
| Section 289.7123 | Meat loaf; contents. |
| Section 289.7125 | Ground lamb, chicken, turkey, and veal; contents. |
| Section 289.7127 | Meat pattie; contents. |
| Section 289.7129 | Food subject to standards; identification; common or usual name. |
| Section 289.7131 | Federally inspected meats; preemption of state ingredient standards. |
| Section 289.7133 | Artificial casings or containers; products considered as adulterated. |
| Section 289.7135 | Experimental packs of food; temporary permits. |
| Section 289.7137 | Food additives; limitation. |
| 92-2000-VIII | CHAPTER VIII LABELING AND ADVERTISING (289.8101...289.8111) |
| Section 289.8101 | Packaged food; label requirements. |
| Section 289.8103 | Bulk displays of unpackaged food and drink; salad bar; sign requirements; placard. |
| Section 289.8105 | Prohibited acts. |
| Section 289.8107 | Definitions; prepackaged perishable food; date; prohibited sales; advertisement of food sold after date; alteration of date prohibited; calculation of date; exceptions. |
| Section 289.8109 | Foods sold or distributed from manufacturing, processing, packing, or repacking activity; identification. |
| Section 289.8111 | Vinegar; requirements and restrictions; definitions. |