June 7, 2011, Introduced by Reps. Tlaib, Slavens, Brown, Bauer, Santana, Darany and Hovey-Wright and referred to the Committee on Regulatory Reform.
A bill to amend 2000 PA 92, entitled
"Food law of 2000,"
by amending section 1109 (MCL 289.1109), as amended by 2007 PA 113,
and by adding section 6153.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1109. As used in this act:
(a) "Imminent or substantial hazard" means a condition at a
food establishment that the director determines requires immediate
action to prevent endangering the health of people.
(b) "Incentive item", subject to subdivision (c), means any of
the following:
(i) A toy, game, trading card, admission ticket, or other
consumer product, whether physical or digital, with particular
appeal to individuals under 18 years of age.
(ii) A coupon, voucher, ticket, token, code, or password
redeemable for or granting digital or other access to an item
listed in subparagraph (i).
(c) "Incentive item" does not include a utensil, tableware, a
carryout utensil, a bulk food container, or other item, such as a
bag, container, placemat, stirrer, straw, toothpick, or wrapper,
that is designed and constructed for a single use by 1 individual
before being discarded.
(d) (b)
"Inspection" means the
checking or testing of
observable practices against standards established in or adopted by
this act, accompanied by a report of findings.
(e) (c)
"Juice" means the aqueous
liquid expressed or
extracted
from 1 or more fruits or vegetables, purees a puree of
the
edible portions of 1 or more fruits or vegetables, or any
concentrates
a concentrate of any
such liquid or puree.
(f) (d)
"Label" means a display
of written, printed, or
graphic matter upon the immediate container of any article and
includes
a requirement imposed under this act that any word,
statement, or other information appearing on the display also
appear on the outside container or wrapper of the retail package of
the article or be easily legible through the outside container or
wrapper.
(g) (e)
"Labeling" means all
labels and other written,
printed, or graphic matter upon an article, any of its containers
or wrappers, or accompanying the article.
(h) (f)
"License limitation"
means an action by which the
director imposes restrictions or conditions, or both, on a license
of a food establishment.
(i) (g)
"License holder" means
the entity that is legally
responsible for the operation of the food establishment, including
the owner, the owner's agent, or other person operating under
apparent
authority of the owner, possessing and that possesses a
valid license to operate a food establishment.
(j) (h)
"Limited wholesale food
processor" means a wholesale
food
processor that has had in
the preceding licensing year or is
reasonably anticipated to have in the current licensing year
$25,000.00 or less in annual gross wholesale sales made or business
done
in wholesale sales. in the preceding licensing year, or
$25,000.00
or less of the food is reasonably anticipated to be sold
for
the current licensing year. Only
the food sales from the
wholesale
food processor operation are shall
be used in computing
the annual gross sales under this subdivision.
(k) (i)
"Local health department"
means that term as defined
in section 1105 of the public health code, MCL 333.1105, and having
those powers and duties as described in part 24 of the public
health code, MCL 333.2401 to 333.2498.
(l) "Meal", unless the context clearly implies otherwise, means
any combination of 2 or more nonbeverage food items offered
together for a single price. The single price may also include the
price of a beverage.
(m) (j)
"Milk product" means cream,
light cream, light
whipping cream, heavy cream, heavy whipping cream, whipped cream,
whipped light cream, sour cream, acidified sour cream, cultured
sour cream, half-and-half, sour half-and-half, acidified sour half-
and-half, cultured sour half-and-half, reconstituted or recombined
milk and milk products, concentrated milk, concentrated milk
products, skim milk, lowfat milk, frozen milk concentrate, eggnog,
buttermilk, cultured milk, cultured lowfat milk, cultured skim
milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk,
acidified lowfat milk, acidified skim milk, low-sodium milk, low-
sodium lowfat milk, low-sodium skim milk, lactose-reduced milk,
lactose-reduced lowfat milk, lactose-reduced skim milk, aseptically
processed and packaged milk, milk products with added safe and
suitable microbial organisms, and any other milk product made by
the addition or subtraction of milkfat or addition of safe and
suitable optional ingredients for protein, vitamin, or mineral
fortification.
Milk product does include includes
dietary dairy
products, dairy-based infant formula, ice cream and other frozen
desserts, cheese, butter, and any other product derived from milk.
(n) (k)
"Misbranded" means food
to which any of the following
apply:
(i) Its labeling is false or misleading in any particular.
(ii) It is offered for sale under the name of another food.
(iii) It If
it is an imitation of another food, unless
its label
bears,
does not bear, in type of uniform size and prominence, the
word "imitation" and immediately thereafter the name of the food
imitated.
(iv) Its container is so made, formed, or filled as to be
misleading.
(v) It If
it is in package form, unless it
bears it does not
bear a label containing both the name and place of business of the
manufacturer, packer, or distributor and an accurate statement of
the quantity of the contents in terms of weight, measure, or
numerical count subject to reasonable variations as are permitted
and exemptions as to small packages as are established by rules
prescribed by the department.
(vi) Any word, statement, or other labeling required by this
act
is not prominently placed on the food's label or labeling
prominently, conspicuously, and in such terms as to render it
likely to be read and understood by the ordinary individual under
customary conditions of purchase and use.
(vii) It purports to be or If it is
represented as a food for
which a definition and standard of identity have been prescribed by
rules
as provided by this act or under the federal act, unless it
conforms
to such does not conform to
the definition and standard
and
or its label bears does not bear the name of the food specified
in
the definition and standard, and, insofar as may be required by
the rules require, the common names of optional ingredients, other
than spices, flavoring, and coloring, present in such food.
(viii) It purports to be or is represented to be
either of the
following:
(A) A food for which a standard of quality has been prescribed
by
this act or rules and if its quality falls below such that
standard,
unless its label bears, in such the
manner and form as
such
rules specify, specified by
rule, a statement that it falls
below
such the standard.
(B) A food for which a standard or standards of fill of
container have been prescribed by this act or rules and it falls
below the standard of fill of container applicable, unless its
label
bears, in such the manner and form as the rules specify,
specified by rule, a statement that it falls below the standard.
(ix) It does not bear labeling clearly giving the common or
usual
name of the food, if one such
a name exists, and if
fabricated from 2 or more ingredients, the common or usual name of
each ingredient except that spices, flavorings, and colorings,
other than those sold as such, may be designated as spices,
flavorings, and colorings, without naming each and except under
other circumstances as established by rules regarding exemptions
based upon practicality, potential deception, or unfair
competition.
(x) It bears or contains any artificial flavoring, artificial
coloring,
or chemical preservative unless and
the labeling states
does
not state that fact, and
under other except under
circumstances
as established specified by rules regarding
exemptions based upon practicality.
(xi) If a food It is intended for human
consumption and offered
for sale, and its label and labeling do not bear the nutrition
information required under section 403(q) of the federal act, 21
USC 343.
(xii) It is a product intended as an ingredient of another food
and, when used according to the directions of the purveyor, will
result in the final food product being adulterated or misbranded.
(xiii) It is a color additive whose packaging and labeling are
not in conformity with applicable packaging and labeling
requirements
applicable to such color additive prescribed under the
provisions
of the federal act.
(o) (l) "Mobile
food establishment" means a food establishment
operating from a vehicle or watercraft that returns to a licensed
commissary for servicing and maintenance at least once every 24
hours.
(p) (m)
"Mobile food establishment
commissary" means an
operation that is capable of servicing a mobile food establishment.
(q) (n)
"Person" means an
individual, sole proprietorship,
partnership, corporation, association, or other legal entity.
(r) (o)
"Pesticide chemical"
means any substance that, alone,
in chemical combination, or in formulation with 1 or more other
substances, is a pesticide within the meaning of the federal
insecticide, fungicide, and rodenticide act, 7 USC 136 to 136y, and
is used in the production, storage, or transportation of raw
agricultural commodities.
(s) (p)
"Principal display panel"
means that part of a label
that is most likely to be displayed, presented, shown, or examined
under normal and customary conditions of display for retail sale.
(t) (q)
"Public health code"
means 1978 PA 368, MCL 333.1101
to 333.25211.
Sec. 6153. (1) A food service establishment shall not provide
a free incentive item in conjunction with the purchase of a meal
unless the meal meets all of the following requirements:
(a) Does not contain more than any of the following:
(i) 600 calories.
(ii) 650 milligrams of sodium.
(iii) 35% of total calories from fat, except for fat contained
in nuts, seeds, peanut butter or other nut butters; in an
individually served or packaged egg; or in individually served or
packaged low-fat or reduced fat cheese.
(iv) 10% of total calories from saturated fats, except for
saturated fat contained in nuts, seeds, peanut butter or other nut
butters; in an individually served or packaged egg; or in
individually served or packaged low-fat or reduced fat cheese.
(v) 0.5 grams of trans fat.
(b) Contains at least 0.5 cup of fruit and 0.75 cup of
vegetables. However, if the meal is served as breakfast and
consists of food typically considered to be breakfast items, the
meal shall contain at least 0.5 cup of fruit or vegetables.
(2) A food service establishment shall not provide a free
incentive item in conjunction with the purchase of a meal and
beverage or in conjunction with the purchase of a beverage alone
unless the beverage does not contain more than any of the
following:
(a) 35% of total calories from fat.
(b) 10% of calories from added sweeteners.
(3) A food service establishment shall not provide a free
incentive item in conjunction with the purchase of a single food
item unless the single food item does not contain more than any of
the following:
(a) 35% of total calories from fat.
(b) 10% of total calories from added sweeteners.