HB-5843, As Passed House, July 28, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 5843

      A bill to amend 2000 PA 92, entitled

"Food law of 2000,"

by amending section 4105 (MCL 289.4105), as amended by 2007 PA

113.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 4105. (1) Except as otherwise provided for in

 2  subsection (2), a person, establishment, or organization that is

 3  1 or more of the following is exempt from the licensure

 4  requirements under this act:

 5        (a) Subject to subsection (2), an establishment licensed

 6  under 1 of the following acts while conducting activities within

 7  the scope of that act:

1  Public Act No. Year Compiled Law Sections

2       141                1939            285.61 to 285.88

3       228                1959            286.371 to 286.379

4       158                1964            290.451 to 290.466

5       266                2001            288.471 to 288.540

6       267                2001            288.561 to 288.740

 7        (b) A person that is offering only whole uncut fresh fruits

 8  and vegetables directly to consumers.

 9        (c) Consumers or nonprofit cooperatives of consumers in

10  compliance with the nonprofit corporation act, 1982 PA 162, MCL

11  450.2101 to 450.3192, providing products from regulated sources

12  only for their own use.

13        (d) Nonprofit cooperatives in compliance with the nonprofit

14  corporation act, 1982 PA 162, MCL 450.2101 to 450.3192, who are

15  growers selling unprocessed products of their own production or

16  are producers selling unprocessed products of their own

17  production from regulated sources.

18        (e) Retail outlets for the sale of prepackaged honey or

19  maple syrup produced in Michigan if the outlet is operated by the

20  producer and the processing facility is licensed under this act.

21  Both retail outlets and processing facilities are exempt from

22  licensure under this act for producers with gross sales of

23  $15,000.00 or less of honey or maple syrup. In such case, the

24  honey and maple syrup shall have labeling substantially similar

25  to that for cottage food products as described in section

26  4102(3).

27        (f) A temporary food establishment with no food preparation

 1  using only single-service articles and serving only non-

 2  potentially-hazardous food or beverage.

 3        (g) A retail food establishment that does both of the

 4  following:

 5        (i) Only sells prepackaged, non-potentially-hazardous foods.

 6        (ii) Offers only an incidental amount of food, such as the

 7  sale of single-service packages.

 8        (h) A mobile food establishment, such as an ice cream truck,

 9  that offers only prepackaged, single-serving frozen desserts.

10        (i) An event not open to the general public held by a

11  nonprofit trade association representing food establishments,

12  suppliers, or manufacturers where limited food preparation takes

13  place for the purpose of advertising, displaying, promoting, and

14  sampling prepared food.

15        (j) A commercial fishing guide service that serves lunch to

16  a party of not more than 12 clients on or adjacent to a body of

17  water, river, or stream while pursuing, capturing, catching,

18  killing, taking, or attempting to take fish. As used in this

19  subparagraph, "commercial fishing guide service" means a service

20  provided for a fee or other valuable consideration, regardless of

21  whether the fee or other valuable consideration is paid directly

22  or indirectly, to assist another person in pursuing, capturing,

23  catching, killing, taking, or attempting to take fish.

24        (k) A person owning or operating a device that dispenses

25  only bottled or canned soft drinks; other packaged nonperishable

26  foods or beverages; or bulk gum, nuts, and panned candies.

27        (l) Feeding operations set up in response to an emergency or

 1  disaster.

 2        (2) Notwithstanding subsection (1)(a), a person operating as

 3  or conducting activities the director considers to be a food

 4  establishment must be licensed in the appropriate category under

 5  this act.

 6        (3) If food is prepared in a food service establishment

 7  licensed under this chapter and the food is transported from the

 8  food service establishment to a fixed temporary serving location,

 9  the serving location is not required to be separately licensed

10  and is considered an extension of the food service establishment

11  if no food preparation is conducted at the serving location and

12  the food is transported and served by employees of the food

13  service establishment.

14        Enacting section 1. This amendatory act does not take effect

15  unless all of the following bills of the 95th Legislature are

16  enacted into law:

17        (a) House Bill No. 5280.

18        (b) House Bill No. 5837.