SENATE BILL No. 730

 

 

December 12, 2013, Introduced by Senators EMMONS, HUNE, SMITH, NOFS, GREEN, PAPPAGEORGE, JONES, MARLEAU, BRANDENBURG, ANANICH and WARREN and referred to the Committee on Regulatory Reform.

 

 

 

     A bill to amend 2000 PA 92, entitled

 

"Food law,"

 

by amending section 2129 (MCL 289.2129), as amended by 2012 PA 178,

 

and by adding sections 6152 and 6153.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2129. (1) All Subject to subsection (2), all of the

 

following food establishments shall employ a minimum of 1

 

managerial employee as a food safety manager who is currently

 

certified under a personnel certification program accredited by the

 

American national standards institute, utilizing the conference for

 

food protection standards:

 

     (a) A food service establishment that is not any of the

 

following:

 

     (i) Operating under a A licensed temporary food service

 


establishment. license.

 

     (ii) A vending machine. location.

 

     (b) An extended retail food establishment.

 

     (c) Operated A food establishment operated within a retail

 

grocery.

 

     (2) In order to obtain his or her certification under

 

subsection (1), a food safety manager who supervises the operations

 

of a retail food establishment shall, as part of an otherwise

 

approved certified food safety manager education program, view a

 

video or complete another training program approved by the

 

department concerning food allergies. A person designated as an

 

alternate person in charge at a retail food establishment shall

 

also view the video or complete another training program concerning

 

food allergies. The department shall require that any certified

 

food safety manager examination offered by an accredited program

 

recognized by the department shall include questions concerning

 

food allergies as they relate to food preparation.

 

     (3) (2) An individual certified under subsection (1) shall be

 

recognized with full faith and credit by the state and all local

 

units of government throughout the state.

 

     (4) (3) The department may promulgate rules to do all of the

 

following:

 

     (a) Develop requirements for retail food establishments to

 

follow when employing certified food safety managers or personnel.

 

     (b) Set a reasonable date for compliance with the requirements

 

under subdivision (a) taking into consideration existing local

 

personnel certification requirements.

 


     (c) Establish certification fees necessary to implement,

 

maintain, and track certified individuals directly or by contract.

 

The department may annually adjust the schedule of fees to provide

 

that the fee charged is sufficient to cover the cost of the

 

certification tracking program.

 

     (d) Implement and enforce the requirements described in

 

developed under subdivision (a).

 

     (5) (4) The certification program developed by the American

 

national standards institute, as it exists on April 1, 2008, is

 

incorporated by reference. The department may adopt updates to the

 

certification program accreditation standards in subsection (1) by

 

rule.

 

     (6) (5) This section does not prohibit any local legislative

 

body from implementing a food handler program, an employee health

 

certification program, or a manager certification program, if it is

 

not in conflict with this section.

 

     Sec. 6152. (1) Each retail food establishment in this state

 

shall do both of the following:

 

     (a) Prominently display in the staff area a poster developed

 

and approved by the department relative to food allergy awareness

 

that includes, but is not limited to, information regarding the

 

risk of an allergic reaction.

 

     (b) Include a notice to customers of the customer's obligation

 

to inform the server about any food allergies. This notice shall be

 

placed either on all menus or on a poster at or near the main

 

entrance of the retail food establishment. The notice shall state:

 

"Before placing your order, please inform your server if a person

 


in your party has a food allergy.".

 

     (2) The department may promulgate rules to carry out this

 

section.

 

     (3) This section does not establish or change any private

 

cause of action. This section does not change any duty under any

 

other statute or the common law, except as this section expressly

 

provides.

 

     Sec. 6153. (1) The department shall develop a program for

 

retail food establishments to be designated as food allergy

 

friendly and shall maintain a listing of retail food establishments

 

receiving this designation on the department's internet website.

 

Participation in the program developed under this section is

 

voluntary. The department shall issue guidelines and requirements

 

for retail food establishments to receive the designation. The

 

requirements shall include, but are not limited to, maintaining on

 

the premises and making available to the public a master list of

 

all the ingredients used in the preparation of each food item

 

available for consumption.

 

     (2) Not earlier than 1 year after the effective date of the

 

amendatory act that added this section and not later than 2 years

 

after the effective date of the amendatory act that added this

 

section, the department shall submit a report to the legislature

 

that includes all of the following:

 

     (a) An analysis of the impact of the amendatory act that added

 

this section.

 

     (b) Compliance of retail food establishments with this act.

 

     (c) Proposed changes to this act consistent with the public

 


health and welfare.