June 16, 2011, Introduced by Reps. Hughes, Gilbert and Foster and referred to the Committee on Regulatory Reform.
A bill to amend 2000 PA 92, entitled
"Food law of 2000,"
by amending sections 3113 and 6101 (MCL 289.3113 and 289.6101),
section 6101 as amended by 2007 PA 114.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3113. (1) A county, city, village, or township shall not
regulate those aspects of food service establishments or vending
machines
which that are subject to regulation under this act except
to the extent necessary to carry out the responsibility of a local
health department to implement licensing provisions of chapter IV
or as authorized under section 6101(1)(c).
(2) This chapter does not relieve the applicant for a license
or a licensee from responsibility for securing a local permit or
complying with applicable local codes, regulations, or ordinances
not in conflict with this act.
Sec. 6101. (1) Chapters 1 through 8 of the food code are
incorporated by reference except as amended and modified as
follows:
(a)
Where provisions of this act and or rules promulgated
under this act specify different requirements.
(b)
Section 3-501.16(A)(2) is modified so that " subparagraph
3-501.16(A)(2)(b) "
is stricken.
(c) Section 6-501.115(B) is amended by the addition of
subparagraph (6) that reads as follows:
"(6) A dog that is controlled by a customer in an outdoor
dining area if a health or safety hazard will not result from
the presence or activities of the dog.".
A local unit of government may adopt and enforce an ordinance that
is more restrictive than subparagraph (6).
(2) The director, by promulgation of a rule, may adopt any
changes or updates to the food code.
(3)
The annexes of the food code are considered persuasive
authority for interpretation of the food code.