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.