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 acts 2 are prohibited A PERSON SHALL NOT DO OR CAUSE TO BE DONE ANY OF 3 THE FOLLOWING: 4 (a) The manufacture, sale or delivery, holding 5 MANUFACTURE, SELL, DELIVER, HOLD, or offering OFFER for sale 6 of any food that is adulterated or misbranded FOOD. 7 (b) The adulteration ADULTERATE or misbranding of any 8 MISBRAND food. 9 (c) The receipt RECEIVE in commerce of any food that is 10 adulterated or misbranded, and the delivery DELIVER or 04077'97 JJG 2 1 proffered PROFFER THE delivery thereof OF THAT FOOD for pay 2 or otherwise. 3 (d) The sale, delivery SELL, DELIVER for sale, holding 4 HOLD for sale, or offering OFFER for sale of any food in vio- 5 lation of section 18. 6 (e) The dissemination of any DISSEMINATE A false 7 advertisement. 8 (f) The refusal REFUSE to permit entry or inspection, or 9 to permit the taking of a sample, as authorized by section 24. 10 (g) The giving of a MAKE A FALSE guaranty or undertaking 11 which guaranty or undertaking is false PROMISE, except by a 12 person who relied on a FALSE guaranty or undertaking PROMISE 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 removal REMOVE or disposal DISPOSE of detained 17 or embargoed food in violation of sections SECTION 11 or 12. 18 (i) The alteration, mutilation, destruction, obliteration, 19 or removal of the whole ALTER, MUTILATE, DESTROY, OBLITERATE, OR 20 REMOVE ALL or any part of the labeling of LABEL, or the 21 doing of DO any other act with respect to a food, if the act is 22 done while the food is held for sale and results RESULTING in 23 the food being adulterated or misbranded. 24 (j) Forging, counterfeiting, simulating FORGE, COUNTER- 25 FEIT, SIMULATE, or falsely representing REPRESENT, or without 26 proper authority using USE any mark, stamp, tag, label, or 04077'97 3 1 other identification device authorized or required by rules 2 promulgated under the provisions of this act. 3 (k) Permitting PERMIT filthy or insanitary UNSANITARY 4 conditions to exist in any A 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 violates any provision of this act 10 or of the rules A RULE promulgated under this act is guilty of 11 a misdemeanor and shall be punished FELONY PUNISHABLE by 12 IMPRISONMENT OF NOT MORE THAN 4 YEARS OR BY a fine of not less 13 than $100.00 or more than $1,000.00 $2,000.00, or imprisoned 14 for not more than 90 days, or both. A person shall not be IS 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 or undertaking PROMISE 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. 21 When IF a violation of section 7(k) occurs which THAT 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