HOUSE BILL No. 5156

 

September 13, 2005, Introduced by Reps. Anderson, Lipsey, Alma Smith, Kehrl, Brandenburg, Clack, Condino, Kolb, Murphy, Farrah, Gillard, Brown, Adamini, Plakas, Gleason, Leland, Meisner, Hood, Donigan and Bieda and referred to the Committee on Agriculture.

 

     A bill to amend 2000 PA 92, entitled

 

"Food law of 2000,"

 

by amending section 8107 (MCL 289.8107) and by adding section 8108.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8107. (1) As used in this section and section 8108:

 

     (a) "Date" means the recommended last day of sale.

 

     (a) "Best–if-used-by date" means the recommended date prior to

 

deterioration of semi-perishable food or long shelf-life food.

 

     (b) "Long shelf-life food" means any food for which a

 

significant risk of spoilage, loss of value, or loss of

 

palatability does not occur sooner than 6 months after the date of

 

packaging, including foods preserved by freezing, dehydrating, or

 

being placed in a hermitically sealed container.

 

     (c)  (b)  "Perishable food" means any food in package form  


 

which  that 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  60

 

days of the date of packaging.

 

     (d)  (c)  "Prepackaged" means packaged prior to being

 

displayed or offered for retail sale.

 

     (e) "Sell-by date" means the recommended last day of sale that

 

permits a subsequent period before deterioration of the food.

 

     (f) "Semi-perishable food" means any food for which a

 

significant risk of spoilage, loss of value, or loss of

 

palatability does not occur sooner than 60 days, but within 6

 

months, after the date of packaging.

 

     (2) A retail food establishment shall not sell or offer for

 

sale a prepackaged perishable food unless there is clearly and

 

conspicuously stamped upon or attached to the package a sell-by

 

date identified by month and day except that bakery products with a

 

shelf life of 7 days or less may be dated with a day of the week or

 

an abbreviation.

 

     (3) The sell-by date may be displayed with or without

 

explanatory terms. If explanatory terms are used, such terms shall

 

be limited to 1 of the following: "Sell by _____", "Sell before

 

_____", "Last date of sale _____", "Recommended last date of sale

 

_____", or "Recommended sale date _____". Other meaningful terms

 

may be used if specifically approved by the department.

 

     (4) This section does not prohibit the sale of food after the

 

sell-by date if the product is wholesome and sound and is clearly

 

identified as having passed the sell-by date.


 

     (5) The retail or final seller is responsible for the proper

 

advertisement of perishable food sold after the sell-by date.

 

     (6) A person who prepackages perishable food shall do all of

 

the following:

 

     (a) Establish a meaningful sell-by date that takes into

 

consideration the food quality and characteristics of the food, its

 

packaging, and customary conditions encountered in commercial

 

channels.

 

     (b) Allow a reasonable period after the sell-by date for

 

consumption of the food without physical spoilage.

 

     (c) Keep a record of the method of determination of the sell-

 

by date.

 

     (7) A retailer who purchases prepackaged perishable food may,

 

upon written agreement with the person prepackaging  such  that

 

food, determine, identify, and be responsible for the sell-by date

 

placed on, or attached to, each package of  such  that food.

 

     (8) The sell-by date shall not be altered. A person shall not

 

rewrap or repackage a perishable food, in its original form and

 

texture, with a sell-by date on the package different from the

 

original.

 

     (9) The sell-by date shall be calculated to allow a reasonable

 

period for the subsequent consumption of the food, but shall not

 

allow for a period which would result in a health nuisance as

 

described in section 2107.

 

     (10) This section does not apply to  fresh  the following:

 

     (a) Fresh fruits and vegetables, canned food, and frozen food.

 

, nor to milk


 

     (b) Milk and milk products dated in accordance with section  1

 

69 of the  fluid milk act of 1965, 1965 PA 233, MCL 288.21  grade A

 

milk law of 2001, 2001 PA 266, MCL 288.539.

 

     (11) The requirements of this section do not apply to any of

 

the following:

 

     (a) An individually packaged food item that is a component of

 

a larger food item if the larger food item is identified with a

 

sell-by date the same as or earlier than the sell-by date of that

 

component.

 

     (b) Perishable foods packaged under, and in compliance with,

 

federal laws and regulations, if providing information equal to or

 

greater than the information required by this section.

 

     (c) Smoked fish under the smoked fish rules.

 

     Sec. 8108. (1) A retail food establishment shall not sell or

 

offer for sale a prepackaged semi-perishable or long shelf-life

 

food unless there is clearly and conspicuously stamped upon or

 

attached to the package a best-if-used-by date identified by month

 

and day.

 

     (2) The best-if-used-by date may be displayed with or without

 

explanatory terms. If explanatory terms are used, such terms shall

 

be limited to 1 of the following: "Best if used by _____", "Use

 

before _____", "Last date of use _____", or "Recommended last date

 

of use _____". Other meaningful terms may be used if specifically

 

approved by the department.

 

     (3) This section does not prohibit the sale of prepackaged

 

semi-perishable or long shelf-life food after the best-if-used-by

 

date if the product is wholesome and sound and is clearly


 

identified as having passed the best-if-used-by date.

 

     (4) The retail or final seller is responsible for the proper

 

advertisement of prepackaged semi-perishable or long shelf-life

 

food sold after the best-if-used-by date.

 

     (5) A person who prepackages prepackaged semi-perishable or

 

long shelf-life food shall do all of the following:

 

     (a) Establish a meaningful best-if-used-by date that takes

 

into consideration the food quality, formulation, processing

 

impact, packaging, container, and characteristics of the

 

prepackaged semi-perishable or long shelf-life food, its packaging,

 

and customary conditions encountered in commercial channels.

 

     (b) Allow a reasonable period after the best-if-used-by date

 

for consumption of the prepackaged semi-perishable or long shelf-

 

life food without physical spoilage.

 

     (c) Keep a record of the method of determination of the best-

 

if-used-by date.

 

     (6) A retailer who purchases prepackaged semi-perishable or

 

long shelf-life food may, upon written agreement with the person

 

prepackaging such food, determine, identify, and be responsible for

 

the best-if-used-by date placed on, or attached to, each package of

 

that food.

 

     (7) The best-if-used-by date shall not be altered. A person

 

shall not rewrap or repackage a prepackaged semi-perishable or long

 

shelf-life food, in its original form and texture, with a best-if-

 

used-by date on the package different from the original.

 

     (8) The best-if-used-by date shall be calculated to allow a

 

reasonable period for the subsequent consumption of the prepackaged


 

semi-perishable or long shelf-life food, but shall not allow for a

 

period that would result in a health nuisance as described in

 

section 2107.

 

     (9) This section does not apply to the following:

 

     (a) Fresh fruits and vegetables, canned food, and frozen food.

 

     (b) Milk and milk products dated in accordance with section 69

 

of the grade A milk law of 2001, 2001 PA 266, MCL 288.539.

 

     (10) The requirements of this section do not apply to any of

 

the following:

 

     (a) An individually packaged food item that is a component of

 

a larger food item if the larger food item is identified with a

 

best-if-used-by date the same as or earlier than the best-if-used-

 

by date of that component.

 

     (b) Perishable foods packaged under, and in compliance with,

 

federal laws and regulations, if providing information equal to or

 

greater than the information required by this section.

 

     (c) Smoked fish under the smoked fish rules.