March 16, 2011, Introduced by Reps. Melton, Geiss and Haugh and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 12905 (MCL 333.12905), as amended by 2009 PA
188.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
12905. (1) An Except as
otherwise provided in this
section, an individual shall not smoke in a food service
establishment, and the person who owns, operates, manages, or is in
control of a food service establishment shall make reasonable
effort to prohibit individuals from smoking in a food service
establishment. This section does not apply to the outdoor patio
area of a food service establishment.
(2) In addition to a food service establishment that provides
its own seating, subsection (1) applies to a food service
establishment or group of food service establishments that are
located in a shopping mall in which the seating for the food
service establishment or group of food service establishments is
provided or maintained, or both, by the person who owns or operates
the shopping mall.
(3) The director, an authorized representative of the
director, or a representative of a local health department to which
the director has delegated responsibility for enforcement of this
part shall inspect each food service establishment that is subject
to this section. The inspecting entity shall determine compliance
with this section during each inspection.
(4) Within 5 days after receipt of a written complaint of
violation of this section, a local health department shall
investigate the complaint to determine compliance. If a violation
of this section is identified and not corrected as ordered by the
local health department within 2 days after receipt of the order by
the food service establishment, the local health officer may issue
an order to cease food service operations until compliance with
this section is achieved.
(5) A food service establishment that is subject to this
section shall comply with sections 12603(2) and 12606. It is an
affirmative defense to a prosecution or civil or administrative
action for a violation of this section that the owner, operator,
manager, or person in control of a food service establishment where
smoking is prohibited under this section made a good faith effort
to prohibit smoking by complying with section 12603(2). To assert
the affirmative defense under this subsection, the owner, operator,
manager, or person shall file a sworn affidavit setting forth his
or her efforts to prohibit smoking and his or her actions of
compliance with section 12603(2).
(6) An individual who violates this part shall be directed to
comply with this part and is subject to a civil fine of not more
than $100.00 for a first violation and not more than $500.00 for a
second or subsequent violation.
(7) As used in this section:
(a) "Food service establishment" means that term as defined in
section 1107 of the food law of 2000, 2000 PA 92, MCL 289.1107.
(b) "Shopping mall" means a shopping center with stores facing
an enclosed mall.
(c) "Smoking" or "smoke" means that term as defined in section
12601.