Bill Text: MI HB4470 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Food; other; certain MDARD fees; increase. Amends secs. 2111, 2125, 4111 & 4113 of 2000 PA 92 (MCL 289.2111 et seq.).
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2015-06-16 - Assigned Pa 61'15 With Immediate Effect [HB4470 Detail]
Download: Michigan-2015-HB4470-Engrossed.html
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.
