HB 4205

HOUSE BILL NO. 4205
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending section 1111 (MCL 289.1111), as amended by
2018 PA 92.
the people of the state of michigan enact:
Sec. 1111. As used in this act:
(a) "Qualified premises" means any of the following:
(i) The licensed
premises of a micro brewer, as that term is defined in section 109 of the
Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1109.
(ii) The licensed
premises of a small wine maker, as that term is defined in section 111 of the
Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1111.
(iii) A tasting room,
as that term is defined in section 113 of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1113.
(b) (a) "Raw
agricultural commodity" means any food in its raw or natural state
including fruits that are washed, colored, or otherwise treated in their
unpeeled natural form before marketing.
(c) (b) "Regulatory
authority" means the department, the local health department, or the
authorized representative having jurisdiction over the food establishment.
(d) (c) "Retail
food establishment" means an operation that sells or offers to sell food
directly to a consumer. Retail food establishment includes both a retail
grocery and a food service establishment, but does not include a food
processor.
(e) (d) "Retail
grocery" means an operation that sells or offers to sell food to consumers
for off-premises consumption. Food for off-premises consumption does not
include take-out food intended for immediate consumption.
(f) (e) "Rules"
means administrative rules promulgated under this act pursuant to in accordance
with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328.
(g) (f) "Shellfish
dealer" means an interstate wholesaler handling shellfish.
(h) (g) "Shellfish
dealer certification" means the issuance of a numbered certificate to a
person indicating that
indicates that the person is in compliance with the requirements of the
guide for the control of molluscan shellfish and that
the person has permission from the department to conduct 1 or more of
the following shellfish activities, as defined in the guide for the control of
molluscan shellfish:
(i) Shellstock shipper.
(ii) Shucker packer.
(iii) Repacker or reshipper.
(i) (h) "Smoked
fish rules" means R 285.569.1 to R 285.569.19 of the Michigan
Administrative Code.
(j) (i) "Special
transitory food unit" means a temporary food establishment that is
licensed to operate throughout the this state without the 14-day limits or a mobile food
establishment that is not required to return to a commissary.
(k) (j) "Staple
foods" does not include accessory foods,
such as coffee, tea, cocoa, soda, noncarbonated drinks,
such as sports drinks, punches, and flavored waters, candy, condiments, spices,
hot foods, or foods ready to go or made to take out, such as prepared
sandwiches or salads.
(l) (k) "Sulfiting agents" means any of
the following:
(i) Sulfur dioxide.
(ii) Sodium sulfite.
(iii) Sodium bisulfite.
(iv) Potassium bisulfite.
(v) Sodium metabisulfite.
(vi) Potassium metabisulfite.
(m) (l) "Temporary food establishment" means a food
establishment that operates at a fixed location for a temporary period not to
exceed 14 consecutive days.
(n) (m) "Temporary
license" means a written authorization issued by the director to operate
for a specified limited time period.
(o) (n) "Transient
tenant" means a person an individual who rents a room in a bed and breakfast
for fewer than 30 consecutive days.
(p) (o) "Trimming"
means removing leaves, roots, and other extraneous materials in preparation for
grading, sorting, and sale as a whole fruit or vegetable. Trimming does not
remove the peel or core and does not further cut the whole fruit or vegetable.
(q) (p) "U.S.
standards for shell eggs" means "United States Standards, Grades, and
Weight Classes for Shell Eggs", AMS 56 (July 20, 2000), United States
Department of Agriculture.
(r) (q) "Vending
company base location" means a vending machine location or other food
establishment required to be separately licensed under section 4105(5).
(s) (r) "Vending
machine" means a self-service device that, upon
insertion of after inserting a coin,
paper currency, token, card, or key, or by manual operation, dispenses a unit servings serving of food in bulk or in packages a package without
the necessity of replenishing the device between each vending operation.
Vending machine does not include any of the following:
(i) A device that dispenses only bottled or
canned soft drinks; other packaged nonperishable foods or beverages; or bulk
ball gum, nuts, and panned candies.
(ii) A water-dispensing
water dispensing machine that is
registered under chapter IV.section 4115.
(t) (s) "Vending
machine location" means the room, enclosure, space, or area in which 1 or
more vending machines are installed and operated, or a micro market.
(u) (t) "Wholesale"
means selling other than directly to consumers.
(v) (u) "Wild
game" means animals from their natural state and not cultivated,
domesticated, or tamed.
Enacting section 1.
This amendatory act does not take effect unless House Bill No. 4204 (request
no. H00703'25) of the 103rd Legislature is enacted into law.