HB-4470, As Passed Senate, June 3, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4470

     A bill to amend 2000 PA 92, entitled

"Food law,"

by amending sections 2111, 2125, 4111, and 4113 (MCL 289.2111,

289.2125, 289.4111, and 289.4113), section 2111 as amended by 2007

PA 113, sections 2125 and 4111 as amended by 2012 PA 178, and

section 4113 as amended by 2007 PA 114.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2111. (1) The director shall have free access at all

reasonable hours to any food establishment, including a vehicle

used to transport or hold food, for the purpose of evaluating that

food establishment or vehicle to determine if any of the provisions

of this act or rules promulgated under this act are being violated.

The director may secure samples or specimens of any food, after

paying or offering to pay for such the samples, in order to

determine whether any provision of this act is if this act or rules

promulgated under this act are being violated.

     (2) The director may examine the records of the food

establishment to obtain pertinent information about food, supplies,

and equipment purchased, received, or used by, or pertaining to,

persons employed by, the food establishment or location.

     (3) The director may take photographs or copy records as part

of an evaluation. When If a food establishment identifies by

written document or mark that a certain area or record contains

visible trade secrets, the director shall identify any photographs

of that area or copies of that record as being confidential and

shall diligently protect the confidentiality.

     Sec. 2125. (1) The department shall charge the following fees

for the following services:

     (a) A reissuance of a duplicate license, $15.00.

     (b) A free-sale letter, $25.00 $60.00 per letter. in an order

and $5.00 per duplicate letter in the same order.

     (c) An evaluation of a food establishment if the evaluation is

a second reevaluation of a food establishment that has already been

evaluated and found to have a priority item or priority foundation

item violation or if the evaluation is performed at the request of

the operator, $60.00.

     (d) A shellfish dealer's certificate, $150.00 annually.

     (e) A review and approval of training materials, $60.00 per

hour.

     (f) A special transitory food unit plan review, $197.00.

     (g) A plan review as specified in section 8-201.11 of the food

code, $197.00.

     (2) Fees collected under this section shall be deposited in

the dairy and food safety fund created in section 4117 for

enforcement of this act.

     (3) The services referred to in subsection (1)(e) and (f)

involve the formal review and approval procedure. The department

may provide informal review or answer questions without charging a

fee.

     Sec. 4111. (1) The department shall impose the following

license fees for each year or portion of a year:

     (a) Retail food establishment: $67.00.grocery: $106.00 for

2016, $145.00 for 2017, and $183.00 for any subsequent year.

     (b) Extended retail food establishment: $172.00.$271.00 for

2016, $370.00 for 2017, and $468.00 for any subsequent year.

     (c) Food processor: $172.00.$271.00 for 2016, $370.00 for

2017, and $468.00 for any subsequent year.

     (d) Limited food processor: $67.00.$106.00 for 2016, $145.00

for 2017, and $183.00 for any subsequent year.

     (e) Mobile food establishment: $172.00.$183.00 for 2016,

$186.00 for 2017, and $189.00 for any subsequent year.

     (f) Temporary food establishment: $25.00.$40.00 for 2016,

$55.00 for 2017, and $70.00 for any subsequent year.

     (g) Special transitory food unit: $135.00.$150.00 for 2016,

$153.00 for 2017, and $156.00 for any subsequent year.

     (h) Mobile food establishment commissary: $172.00.$183.00 for

2016, $186.00 for 2017, and $189.00 for any subsequent year.

     (i) Food warehouse: $67.00.$106.00 for 2016, $145.00 for 2017,

and $183.00 for any subsequent year.

     (j) Food service establishment: the amounts described in

subsection (2).

     (2) If a local health department no longer conducts a food

service program, the department, in consultation with the

commission of agriculture and rural development, shall set the food

sanitation fees to be imposed for the department's services

performed under subsection (1)(j). conduct of the food service

program by the department. The fees imposed shall must equal, as

nearly as possible, 1/2 of the department's cost of providing the

service. The department may impose the service fees for up to 12

months after the date of cessation by the local health department.

After the 12-month period, the department shall collect the fees

only in the amount provided by amendment of this act or as

authorized pursuant to an appropriation.

     (3) Any license fee paid on an initial application is

nonrefundable.

     (4) The department may charge a convenience fee and collect

from the applicant any additional costs associated with the method

of fee payment for the license or permit fees described in this

chapter, not to exceed the costs to the department.

     Sec. 4113. (1) The department shall impose, for a renewal

application postmarked or delivered in person beginning on or after

May 1 of each year, a late fee of an additional $10.00 for each

business day the application is late. $150.00. The late fee for a

new application submitted after the establishment has opened for

business is an additional $10.00 for each business day the

application is late. The total late fee shall not exceed $100.00.

$150.00.

     (2) The department shall not issue or renew a license until

the fee and any late fee, reinspection fees, and fines have been

paid. A hearing is not required regarding the department's refusal

to issue or renew a license under this section is not required

except as allowed provided under the administrative procedures act

of 1969, 1969 PA 306, MCL 24.201 to 24.328.

     (3) The department may waive the late fee for producers of

maple syrup, honey, and other seasonal agricultural products if the

license application is submitted not less than 30 days before the

applicant engages in processing, packing, freezing, storing, or

selling , or offering for sale the food or drink described in this

subsection.product.

     (4) The A late fee shall be retained by any certified health

department or, in an area where there is no certified health

department, by the department.

     (5) The department shall use the a late fee retained by the

department under subsection (4) for the administration and

enforcement of this act.

     Enacting section 1. This amendatory act takes effect October

1, 2015.