HB 6007

substitute for
House BILL NO. 6007
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending sections 3105, 3113, 3129, 3139, 4101,
4105, 5101, and 6103 (MCL 289.3105, 289.3113, 289.3129, 289.3139, 289.4101,
289.4105, 289.5101, and 289.6103), sections 3105 and 5101 as amended by 2012 PA
178, section 3113 as amended by 2016 PA 188, section 3139 as amended by 2007 PA
113, section 4101 as amended by 2010 PA 112, and section 4105 as amended by
2025 PA 43.
the peoplE of the state of michigan enact:
Sec. 3105. (1) The department shall
delegate the authority and responsibility for the enforcement of the
requirements pertaining to food service establishments contained in this act
and rules to local health departments meeting that meet the program criteria provided for in this
act and rules. The local health departments shall enforce this act and rules
and may delegate enforcement authority under a plan of organization approved pursuant to under section
2431 of the public health code, MCL 333.2431. If a food service program is
discontinued or is revoked for failure to meet the program criteria,
redelegation to a local health department by the director of the program is not
required. Local health departments delegated authority under this chapter shall
enforce this act and rules in the manner provided for in part 24 of the public
health code, MCL 333.2401 to 333.2498, except that late fees under section
4113, administrative fines under section 5105, and criminal fines under section
5107 are specifically not delegated to the local health departments.
(2) If a food
service establishment is a part of a retail grocery or food processor and the
retail grocery and or
food processor are is the predominant part of the food business as
determined by the department, authority and responsibility pertaining to that the food service establishment
are not delegated under subsection (1).
(3) If Except as provided
under subsection (5), if a retail grocery or food processor is a part of
a food service establishment but the food service establishment is the
predominant part of the food business as determined by the department, the
authority and responsibility for the entire establishment are delegated under
subsection (1).
(4) Mobile and
temporary food establishments and special transitory food units that are
predominantly food service establishments as determined by the department are
delegated to the local health departments under subsection (1). Mobile and
temporary food establishments and special transitory food units that are
predominantly retail groceries or food processors are not delegated under
subsection (1).
(5) If a
food processor is part of a food service establishment as described in
subsection (3) and processes for wholesale low acid canned food, acidified
food, juice, seafood, fermented foods other than alcohol, or aseptic-processed
foods, or performs a process determined by the department to be complex,
authority and responsibility may be transferred from the local health
department back to the department for activities related to processing the food
for wholesale.
Sec. 3113. (1) A
county, city, village, or township shall not regulate those aspects of food
service establishments 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 the licensing
provisions of under
chapter IV. 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.
(2) A
county, city, village, or township shall not require a license, permit, or
registration for, or otherwise regulate, a temporary food establishment that
meets the requirements of section 4105(1)(g).
Sec. 3129. (1) A local health department
shall investigate an allegation of foodborne diseases and poisonings or suspected foodborne diseases and poisonings connected
with food service establishments within its
jurisdiction and delegated authority and shall promptly
make a report of its findings to the department.
(2) If an
investigation indicates that a source of a an alleged foodborne disease or poisoning was from a
food processing, food storage, or similar type of food establishment over which
the department has legal jurisdiction or responsibility, the local health
department shall immediately notify the director department while the local health department is
completing the investigation. If the department is
notified under this subsection, the department shall provide a report of its
response and findings to the local health department.
Sec. 3139. (1) If a certified health
department fails to meet the requirements established in this act or rules, promulgated under this
act, the department may revoke the certified
health department's certification and delegated authority after providing not
less than 120 days' written notice.
of
deficiencies shall be furnished to the health officer of that certified health
department within 30 days after completion of the review under section 3137.
This notice shall offer an opportunity to the health officer of the certified
health department for a hearing with the director. If a hearing is not
requested, certification issued under this chapter shall be revoked within 30
days following the notice to the health officer of the certified health
department. If a hearing is held and deficiencies are not corrected within the
time period specified in the hearing, certification shall be revoked within the
time period specified in the hearing.
(2) If requested by the health officer of the certified
health department in a written notice to the director, certification issued
under this chapter shall be revoked within 30 days of receipt of the written
notice.
(2) (3) Revocation
of a certified health department's certification
and delegated authority issued under this chapter act does
not restrict a certified health department from
reapplication for certification.
Sec. 4101. (1) Except as provided in
sections 3115, 4102,
and 4105, a person shall not operate a food establishment unless licensed by
the department as a food establishment.
(2) Separate areas for of food service or preparation establishments
located in on
1 building premises
and actively operated under 1 management are
may be considered to be 1 food establishment and only 1 license is may be required, . The director may
require separate licenses for these areas if managed separately even though
under the same owner.as determined by the
department.
(3) Except as
otherwise provided in this act, a city, county, or other local unit of
government shall not adopt or enforce licensing ordinances or regulations for
persons regulated under this act.
Sec. 4105. (1) A person, establishment, or
organization that is 1 or more of the following is exempt from the licensure
requirements under this act:
(a) Subject to
subsection (2), an establishment licensed under 1 of the following acts while
conducting activities within the scope of that act:
(i) Grain dealers act, 1939 PA 141, MCL
285.61 to 285.89.
(ii) 1959 PA 228, MCL 286.371 to 286.379.
(iii) 1964 PA 158, MCL 290.451 to 290.466.
(iv) Grade A milk law of 2001, 2001 PA 266,
MCL 288.471 to 288.540.
(v) Manufacturing milk law of 2001, 2001 PA
267, MCL 288.561 to 288.740.
(b) A person that is offering offers only
whole uncut fresh fruits and vegetables directly to consumers.
(c) Consumers or
nonprofit cooperatives of consumers in compliance with the nonprofit
corporation act, 1982 PA 162, MCL 450.2101 to 450.3192, providing products from
regulated sources only for their own use.
(d) Nonprofit
cooperatives in compliance with the nonprofit corporation act, 1982 PA 162, MCL
450.2101 to 450.3192, that are growers selling unprocessed products of their
own production or are producers selling unprocessed products of their own
production from regulated sources.
(e) Retail outlets
for the sale of prepackaged honey or maple syrup produced in this state if the
outlet is operated by the producer and the processing facility is licensed
under this act. Both retail outlets and processing facilities are exempt from
licensure under this act for producers with gross sales that do not exceed the
gross sale limitation for cottage food products described in section 4102(5)
for honey or maple syrup. If both the retail outlet and processing facility are
exempt from licensure under this subdivision, the honey and maple syrup must
have a label that is substantially similar to the label for cottage food
products as described in section 4102(3).
(f) A temporary
food establishment with no food preparation using only single-service articles
and serving only non-potentially-hazardous food or beverage.
(g) A temporary food establishment that meets the following
requirements:
(i) Uses only single-service articles.
(ii) Limits food preparation to the mixing
and serving of lemonade or other nonalcoholic beverages that are not
time/temperature controlled for safety, as that term is defined in the food
code.
(iii) Is operated by a minor.
(iv) Is located on private property with the
permission of the private property owner or is located at an event held on
public property with the permission of the event organizers.
(v) Generates gross sales of $5,000.00 or
less per calendar year.
(h) (g) A
retail food establishment that does both of the following:
(i) Only sells prepackaged,
non-potentially-hazardous foods.
(ii) Offers only an incidental amount of
food, such as the sale of single-service packages.
(i) (h) A
mobile food establishment, such as an ice
cream truck, that offers only prepackaged, single-serving frozen desserts.
(j) (i) An
event not open to the general public held by a nonprofit trade association
representing food establishments, suppliers, or manufacturers where limited
food preparation takes place for the purpose of advertising, displaying,
promoting, and sampling prepared food.
(k) (j) A
commercial fishing guide service that serves lunch food to a party of not more than 12 clients on or
adjacent to a body of water, river, or stream while pursuing, catching,
killing, taking, or attempting to take fish. As used in this subdivision,
"commercial fishing guide service" means a service provided for a fee
or other valuable consideration, regardless of whether the fee or other
valuable consideration is paid directly or indirectly, to assist another person
in pursuing, catching, killing, taking, or attempting to take fish.
(l) (k) A person that owns or operates a device
that dispenses only bottled or canned soft drinks; other packaged nonperishable
foods or beverages; or bulk gum, nuts, and panned candies.
(m) (l) Feeding operations set up in response to an emergency or
disaster.
(n) (m) A
person that operates as a food warehouse or food processor, if the food
warehouse or food processor contains or handles only uncut fruits or
vegetables, or both, and meets all of the following criteria:
(i) The establishment is owned and operated
by the person producing that produces the fruits or vegetables, or both.
(ii) Activities at the establishment are
limited to storing, grading, sorting, packing, washing, trimming, and
refrigerating.
(iii) The fruits or vegetables, or both, are
primarily from the person's own production, and the balance are products of the
same genus or genera from other agricultural producers.
(iv) The food is not "potentially hazardous food (time/temperature a time/temperature control for safety food)" food, as
that term is defined in the food code.
(o) (n) An
individual who operates a location under the requirements of 1978 PA 260, MCL
393.351 to 393.368.
(p) An establishment that meets both of the following requirements:
(i) Offers only food that is not a
time/temperature control for safety food, as that term is defined in the food
code, and that requires minimal preparation, such as coffee, tea, or popcorn.
(ii) Offers the food described under
subparagraph (i) only as a courtesy to customers at no
charge.
(2) Notwithstanding
subsection (1)(a), a person that operates as or conducts activities the
director considers to be a food establishment must be licensed in the
appropriate category under this act.
(3) If food for immediate consumption is prepared in a food service establishment licensed
under this chapter and the food is transported from the food service establishment to a fixed temporary serving
location, the fixed temporary serving location
is not required to be separately licensed and is considered an extension of the
food service establishment if no food
preparation is conducted at the fixed temporary serving
location, the food and standard operating procedures
are consistent with the procedures approved by the local health department or
department, as applicable, and the food is transported and served by
employees of the food service establishment.
(4) If prepackaged
food is transported from a food establishment licensed
under this chapter to a sales location at a farmers' market, fair, or
festival, the sales location is not required to be separately licensed and is
considered an extension of the food establishment if the food is transported
and sold by employees of the food establishment.
(5) If prepackaged
food is transported from a food establishment licensed
under this chapter to 1 or more vending machine locations by employees
of the food establishment and the vending machine or machines are maintained by
employees of the food establishment, the vending machine locations are not
required to be separately licensed and are considered to be an extension of the
food establishment, which must be separately licensed. However, if the food
establishment from which the prepackaged food is transported is located in
another state, both of the following apply:
(a) One of the
vending machine locations in this state must be separately licensed as a food
establishment.
(b) The remaining
vending machine locations in this state are not required to be separately
licensed and are considered to be an extension of the food establishment under
subdivision (a).
Sec. 5101. (1) A person shall not do or
cause to be done any of the following:
(a) Manufacture,
sell, deliver, hold, or offer for sale adulterated or misbranded food.
(b) Adulterate or
misbrand food.
(c) Receive in
commerce food that is adulterated or misbranded and deliver or proffer the
delivery of that the
food for pay or otherwise.
(d) Sell, deliver
for sale, hold for sale, or offer for sale food unless that person holds a license issued is
licensed under chapter IV.
(e) Disseminate a
false advertisement concerning food or a food establishment.
(f) Refuse to
permit entry or evaluation, or to permit the taking of a sample, as authorized
by section 2111.
(g) Give a false
guaranty or undertaking concerning food, unless in good-faith reliance on a
guaranty or undertaking to the same effect signed by and containing the name
and address of the person from whom the food was received.
(h) Remove or
dispose of seized or embargoed food in violation of section 2105.
(i) Alter,
mutilate, destroy, obliterate, or remove all or part of the label or do any
other act with respect to a food while the food is held for sale resulting in
the food being adulterated or misbranded.
(j) Forge,
counterfeit, simulate, or falsely represent, or without proper authority use
any mark, stamp, tag, label, or other identification device authorized or
required by this act or rules.
(k) Permit filthy
or unsanitary conditions to exist in a food establishment in which food
intended for human consumption is manufactured, received, kept, stored, served,
sold, or offered for sale.
(l) Falsely identify a country, state, or
other place of origin of food on a label, tag, or other document with intent to
deceive or defraud.
(m) Fail to
establish or maintain any record or make any report required under this act or
the federal act, or refuse to permit access to or verification or copying of
any such required record.
(n) Interfere with
the director in the conduct of his or her conducting the director's responsibilities under this
act.
(o) Make a false
statement, representation, or certification verbally
or in any application, report, plan, or other document that is required
to be maintained under this act or rules.
(p) Remove a tag,
seal, or mark placed by the director.
(q) Operate without
a license, registration, permit, or endorsement.
(r) Violate a
provision of this act or a rule.
(s) Operate as a
shellfish dealer without a shellfish dealer certificate.
(t) If the person
is a food establishment, permit Michigan bridge
card Bridge Card access to food
assistance program benefits unless the food establishment's inventory records
match redemption files for Michigan bridge card Bridge Card usage for food assistance program
benefits and 1 or more of the following apply:
(i) The food for sale includes, on a
continuous basis, at least 3 7 varieties of foods, with
at least 3 units of each of the 7 varieties of food, in each of the
following 4 staple food groups: and perishable foods in at least 2 of the groups:
(A) Meat, poultry,
or fish.
(B) Bread or
cereal.
(C) Vegetables or
fruits.
(D) Dairy products.
(ii) At least 50% of the total dollar amount of all gross
retail sales , including food and nonfood items, fuel, and services at
the food establishment is from the sale of eligible food
items in any of the 4 staple food groups.
(iii) At least 84 eligible food items are not
expired and offered for sale on a continuous basis.
(2) Each day a
violation of this section occurs is a separate violation of this section.
Sec. 6103. (1) The following food
establishments are exempt from the requirement for plan review and approval
specified in section 8-201.11 of the food code:
(a) A temporary
food establishment.
(b) A retail
grocery.
(2) The plan review
exemption for a retail grocery in subsection (1) does not apply to the
operation of a food service establishment within a retail grocery. For purposes of this section, a deli within a retail
grocery is not considered a food service establishment unless it provides
seating for the customers.