HOUSE BILL No. 5071 September 23, 1997, Introduced by Rep. Schauer and referred to the Committee on Agriculture. A bill to amend 1968 PA 39, entitled "Michigan food law of 1968," by amending sections 7 and 10 (MCL 289.707 and 289.710), as amended by 1982 PA 43. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7.The following acts or the causing of these acts2are prohibitedA PERSON SHALL NOT DO OR CAUSE TO BE DONE ANY OF 3 THE FOLLOWING: 4 (a)The manufacture, sale or delivery, holding5 MANUFACTURE, SELL, DELIVER, HOLD, orofferingOFFER for sale 6of any food that isadulterated or misbranded FOOD. 7 (b)The adulterationADULTERATE ormisbranding of any8 MISBRAND food. 9 (c)The receiptRECEIVE in commerceof anyfood that is 10 adulterated or misbranded, andthe deliveryDELIVER or 04077'97 JJG 2 1profferedPROFFER THE deliverythereofOF THAT FOOD for pay 2 or otherwise. 3 (d)The sale, deliverySELL, DELIVER for sale,holding4 HOLD for sale, orofferingOFFER for saleof anyfood in vio- 5 lation of section 18. 6 (e)The dissemination of anyDISSEMINATE A false 7 advertisement. 8 (f)The refusalREFUSE to permit entry or inspection, or 9 to permit the taking of a sample, as authorized by section 24. 10 (g)The giving of aMAKE A FALSE guaranty orundertaking11which guaranty or undertaking is falsePROMISE, except by a 12 person who relied on a FALSE guaranty orundertakingPROMISE to 13 the same effect, signed by,and containing the name and 14 address of the person from whom he or she received the food in 15 good faith. 16 (h)The removalREMOVE ordisposalDISPOSE of detained 17 or embargoed food in violation ofsectionsSECTION 11 or 12. 18 (i)The alteration, mutilation, destruction, obliteration,19or removal of the wholeALTER, MUTILATE, DESTROY, OBLITERATE, OR 20 REMOVE ALL oranypart of thelabeling ofLABEL, orthe21doing ofDO any other act with respect to a food,if the act is22donewhile the food is held for saleand resultsRESULTING in 23 the food being adulterated or misbranded. 24 (j)Forging, counterfeiting, simulatingFORGE, COUNTER- 25 FEIT, SIMULATE, or falselyrepresentingREPRESENT, or without 26 proper authorityusingUSE any mark, stamp, tag, label, or 04077'97 3 1 other identification device authorized or required by rules 2 promulgated underthe provisions ofthis act. 3 (k)PermittingPERMIT filthy orinsanitaryUNSANITARY 4 conditions to exist inanyA food establishment in which food, 5 intended for human consumption, is manufactured, received, kept, 6 stored, sold, or offered for sale. 7 (l) FALSELY IDENTIFY A COUNTRY, STATE, OR OTHER PLACE OF 8 ORIGIN OF FOOD ON A LABEL, TAG, OR OTHER DOCUMENT. 9 Sec. 10. A person who violatesany provision ofthis act 10 orof the rulesA RULE promulgated under this act is guilty of 11 amisdemeanor and shall be punishedFELONY PUNISHABLE by 12 IMPRISONMENT OF NOT MORE THAN 4 YEARS OR BY a fine of notless13than $100.00 ormore than$1,000.00$2,000.00,or imprisoned14for not more than 90 days,or both. A personshall not beIS 15 NOT subject to the penalties PRESCRIBED UNDER THIS SECTION for 16 having violated section 7(a) or (c) if he or she establishes a 17 guaranty orundertakingPROMISE signed by,and containing 18 the name and address of,the person from whom he or she 19 received in good faith the food, to the effect that the food is 20 not adulterated or misbranded within the meaning of this act. 21WhenIF a violation of section 7(k) occurswhichTHAT is not 22 suspected of threatening the safety of food intended for human 23 consumption, the department shall provide a person owning or 24 operating the food establishment a written report of the viola- 25 tion before subjecting persons to the penalties provided in this 26 act. 04077'97 Final page. JJG