Bill Text: MI HB6128 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Food: other; processing of fish; modify. Amends secs. 3103, 3127, 3131, 7104, 7105, 7106, 7107, 8105 & 8107 of 2000 PA 92 (MCL 289.3103 et seq.) & repeals secs. 5109 & 7103 of 2000 PA 92 (MCL 289.5109 & 289.7103).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-11-26 - Bill Electronically Reproduced 11/26/2024 [HB6128 Detail]
Download: Michigan-2023-HB6128-Introduced.html
HOUSE BILL NO. 6128
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending sections 3103, 3127, 3131, 7104, 7105, 7106, 7107, 8105, and 8107 (MCL 289.3103, 289.3127, 289.3131, 289.7104, 289.7105, 289.7106, 289.7107, 289.8105, and 289.8107), sections 3103, 3127, and 8107 as amended and section 7104 as added by 2012 PA 178 and sections 7105 and 8105 as amended and section 7106 as added by 2007 PA 114; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 3103. As used in this chapter:
(a) "Certified health department" means a county, district, or city health department that meets the criteria for certification of health departments established by this act and that is authorized by the director to enforce this act for retail groceries, food processors, or fair concessions.
(b) "Foodborne illness outbreak" means an incident where any of the following occur:
(i) Two or more persons , not of the same household, have ingested a common food and have a similar disease or similar symptoms or excrete the same pathogens, and there is a time, place, or person association between these persons.
(ii) There is a single case of suspected botulism, mushroom poisoning, paralytic shellfish poisoning, or other rare disease.
(iii) There is a case of a disease or poisoning that can be definitely related to ingestion of a food.
(c) "Food service program" means the systematic activity of the department and a local health department for effective administration and enforcement of the food code and this act, including all of the following:
(i) Periodic evaluations of food service establishments, temporary food service establishments, vending machines, and vending machine locations for compliance with law.
(ii) Support of recommendations for licensure with appropriate records.
(iii) Review of plans and specifications for new and extensively remodeled establishments.
(iv) Educational activities.
(v) Investigation of reports of foodborne illnesses.
(vi) Other activities which that may be necessary to ensure proper implementation of this act.
Sec. 3127. (1) The findings of an evaluation of a food service establishment shall must be recorded on an evaluation report form approved by the department. A violation of a priority item or priority foundation item shall must be designated as such on the evaluation report form. A violation by a food establishment of section 12603 or 12905 of the public health code, MCL 333.12603 and 333.12905, is not a violation of a priority item or priority foundation item of this act or the food code.
(2) The evaluation report shall must summarize findings relative to compliance with the requirements of this act . The report form shall and be signed and dated by the director.
(3) Upon completion of the evaluation, a copy of the completed evaluation report form shall must be furnished to the person in charge of the food service establishment. If the person in charge does not sign the evaluation report form acknowledging receipt, delivery of the evaluation report form to the person in charge shall must be otherwise documented by the director.
Sec. 3131. (1) A local health department shall develop and implement a communications system with other applicable governmental agencies, individuals, and organizations including, but not limited to, hospital emergency rooms and state and local police. The communications system shall must provide the means to contact specific local health department employees and basic information necessary to initiate a foodborne illness outbreak investigation. The information provided in the communications system shall must be updated annually.
(2) Procedures for investigating suspected foodborne illness outbreaks shall must be implemented consistent with procedures contained in the publication entitled "Procedures to Investigate Foodborne Illness, 5th 6th Ed.," prepared and published by the international association of food protection International Association for Food Protection and incorporated by reference or an equivalent plan submitted to and approved by the department.
(3) All information gathered during the an investigation which that is not exempted from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243, and shall must be made available to the owner, the operator, or his or her the owner's or operator's employees to minimize the possibility of reoccurrence of the foodborne illness and to assure compliance with the food code and this act.
Sec. 7104. (1) @.02 of chapter I and chapters Section II , VII, IX to XIV, and XVI of the guide for control of molluscan shellfish are is incorporated by reference except to the extent provisions of this act and rules specify different requirements.
(2) The director by rule may adopt any changes or updates to the guide for control of molluscan shellfish.
(3) The annexes of the guide for the control of molluscan shellfish are considered persuasive authority for interpretation of the guide for the control of molluscan shellfish.
Sec. 7105. (1) All processors of seafood shall comply with regulations of the U.S. food and drug administration United States Food and Drug Administration in 21 CFR part 123. The requirement that a processor of smoked fish comply with the smoked fish rules is waived if the processor demonstrates compliance with the federal regulation described in this section.21 CFR part 123.
(2) A fish-smoking establishment shall be in compliance with the requirements of this section.
(3) A fish-smoking establishment shall use a temperature-indicating device and a temperature-recording device, and the devices must meet all of the following requirements:
(a) Each device is installed where it can be easily read.
(b) The sensor of each device is situated in a location that ensures it is protected from mechanical damage and accurately measures the warmest temperature of the refrigeration equipment and the coldest temperature of the smoking equipment, as appropriate.
(c) The temperature-indicating device is calibrated at the routine operating temperature of the refrigeration, cooling, or smoking equipment against a known, accurate standard thermometer at the time of installation and at least once every year thereafter, or more frequently, as indicated by the device manufacturer.
(4) A fish-smoking establishment must conduct accuracy checks of temperature-indicating devices and temperature-recording devices at the time each device is installed and at least once every year thereafter, or more frequently if necessary. The fish-smoking establishment must maintain records of the accuracy checks that contain all of the following information:
(a) The time and date of the accuracy check.
(b) The standard and method used.
(c) Before any corrective action taken under subdivision (d), the temperatures indicated by any temperature-indicating device or temperature-recording device used or otherwise subjected to an accuracy check.
(d) Any corrective action taken, if applicable.
(e) The name of the individual who performed the accuracy check.
(5) If a temperature-indicating device has a divided fluid column or cannot be adjusted to the standard used during an accuracy check under subsection (3), the fish-smoking establishment shall immediately repair or replace the temperature-indicating device.
(6) All fish and smoked fish products must be clean, wholesome, free from any deterioration, spoilage, adulteration, or foreign odors, and processed, handled, stored, prepared, and transported at or below 3.3 degrees Celsius (38 degrees Fahrenheit).
(7) All fresh fish must be inspected and adequately washed with potable water before processing. Only sound, wholesome fresh fish that are free from adulteration and organoleptically detectable spoilage may be processed under this section.
(8) All frozen fish must be either thawed promptly and processed or stored at a temperature that will maintain the fish in a frozen state. Any thawing of frozen fish must be carried out in as rapid a manner as possible so that the internal temperature of the fish does not exceed 3.3 degrees Celsius (38 degrees Fahrenheit). After thawing, the fish must be adequately washed with potable water before processing.
(9) Before smoking, all fish that will be used for smoking must go through all of the following processes:
(a) Evisceration. Evisceration must be conducted in an area that is separate from other processing operations and performed with minimal disturbance of the intestinal tract contents of the fish. During evisceration, the fish, including the body cavity, must be washed thoroughly with a continuous flow or vigorous spray of potable water. A fish must be eviscerated before freezing.
(b) Dry-salting or brining. Dry-salting or brining must be done in a manner that ensures an adequate and consistent water phase salt content of the finished product. The temperature of the brine must not exceed 16 degrees Celsius (60 degrees Fahrenheit) at the start of brining. If the brining time is more than 4 hours, then brining must take place in a refrigerated area that is 3.3 degrees Celsius (38 degrees Fahrenheit) or below immediately after the salting. A brining tank must be washed, rinsed, and sanitized before each use, and brines must not be reused unless there is an adequate process available to return the brine to an acceptable microbiological level.
(c) Rinsing with potable water.
(10) After processing under subsection (9), fish that will be smoked must go through all of the following:
(a) The fish must be arranged in the smokehouse oven or chamber without overcrowding and must not touch each other to allow for uniform smoke absorption, heat exposure, and dehydration.
(b) The surfaces of the fish to be smoked must be moist or tacky to the touch before smoking.
(c) Liquid smoke, generated smoke, or a combination of liquid smoke and generated smoke may be applied to all surfaces of the fish. If only liquid smoke or only generated smoke is used, the smoke must be applied before the surface protein on the fish is dried to the point of forming a pellicle or barrier to smoke uptake.
(d) If a combination of liquid smoke and generated smoke is used, the liquid smoke must be applied before the surface protein on the fish is dried to the point of forming a pellicle or barrier to smoke uptake, and the generated smoke may be applied at any stage of the process.
(e) During smoking, the internal temperature of the coldest part of the fish must remain at or above 62.8 degrees Celsius (145 degrees Fahrenheit) for not less than 30 continuous minutes. The temperature measurement must be collected by inserting the sensor of the temperature-recording device into the thickest flesh portion of the largest fish being smoked that is located at the coldest area of the smokehouse.
(11) A fish-smoking establishment must maintain an accurate record of the entire time it takes to complete all of the processes described under subsections (9) and (10) for each smokehouse load. The record described under this subsection must include all of the following information:
(a) The date the process was completed.
(b) A lot number, unique to each smokehouse load.
(c) The process time.
(d) The temperatures collected under subsection (10)(e).
(e) The smokehouse and compartment number.
(f) The type or species and quantity of each type or species of fish that were smoked.
(12) The individual in charge of the fish-smoking establishment or the individual's designee shall review and certify a record generated under subsection (11) by initialing the entry for each smokehouse load record before distribution or sale of any smoked fish within the load.
(13) Immediately after completing the processes described under subsections (9) and (10), the smoked fish product must be cooled to 3.3 degrees Celsius (38 degrees Fahrenheit) or below and remain at or below that temperature at all times, including through storage, marketing, and sale. If the smoked fish product is frozen, freezing must occur immediately after the cooling described in this subsection, and the smoked fish product must remain frozen at all times, including through storage, marketing, and sale. If the smoked fish product is air-packaged, the fish must be processed so that the content of water phase salt in the fish is not less than 3%, based on the loin muscles of the fish.
(14) Each room, compartment, or holding device for the storage of a smoked fish product must be equipped with an accurate temperature-indicating device. Any individual responsible for handling smoked fish products up to the time the smoked fish product is sold to a final consumer shall use a temperature-indicating device to check for compliance with the temperature requirements under this section.
(15) A fish-smoking establishment shall, and the department may, chemically analyze smoked fish products to ensure that the required level of water phase salt is reached. If the department chemically analyzes a smoked fish product and finds that the smoked fish product does not contain the required levels of an ingredient, including water phase salt, then the department may require the fish-smoking establishment to conduct additional chemical analysis. A fish-smoking establishment shall maintain records of the results of any chemical analysis conducted under this subsection. The method used to chemically analyze smoked fish products for the required level of water phase salt under this subsection must be determined using the methods described in the publication titled "Official Methods of Analysis of the AOAC, International", 17th edition. This publication is adopted by reference, and the department shall post on its website the physical address and internet link where a copy of this publication may be obtained.
(16) Areas for packaging, handling, and storing smoked fish products must be separate areas within the fish-smoking establishment and must be separated from any unprocessed fish and equipment, objects, and employees that are used for or have come into contact with waste, raw fish, or other unsanitary objects. Packaging material, equipment, employees, and in-process materials that enter product packaging, handling, and storage areas must be treated to minimize the risk of introducing microorganisms. Air-handling systems must be designed to minimize the risk of airborne contamination into product packaging, handling, and storage areas and to provide positive air pressure relative to the surrounding areas.
(17) A package, carton, wrapper, or other container, including a package sold from a bulk display and wrapped at the time of sale, used to ship, wrap, or hold unfrozen a smoked fish product must be labeled with all of the following information:
(a) The name of the smoked fish product.
(b) The name and address of the fish-smoking establishment.
(c) The ingredients and net weight as required under the weights and measures act, 1964 PA 283, MCL 290.601 to 290.635.
(d) The lot number, unique to each smokehouse load as required under subsection (11).
(e) The following warning statements:
(i) "Perishable—Keep under refrigeration at 38 degrees Fahrenheit (3.3 degrees Celsius) or below.".
(ii) "Not to be sold or consumed after _____.". The blank must be completed with a date that is not more than 14 days after the date listed in the record under subsection (11)(a), unless a fish-smoking establishment can demonstrate to the department that a longer period of time is safe. A date under this subsection must not be changed or altered once included in the warning statement.
(18) A package, carton, wrapper, or other container, including a package sold from a bulk display and wrapped at the time of sale, used to ship, wrap, or hold a frozen smoked fish product must be labeled, and the label must contain the following information:
(a) All of the information required under subsection (17)(a) to (d).
(b) A warning statement that states "Perishable: Keep frozen. Thaw in refrigerator before consumption."
(19) A label described under subsection (17) or (18) must be written in English and use distinctive and plain lettering or Arabic numerals and be permanently affixed to each package, carton, wrapper, or other container.
(20) Smoked fish that was processed under subsections (9) and (10) on different dates are considered different smokehouse lots and must not be commingled.
(21) A fish-smoking establishment must maintain any record described under this section for 2 years.
(22) A fish-smoking establishment may request a variance under this section by submitting an application on a form and in a manner prescribed by the department. An application must include all of the following information:
(a) A statement of the proposed variance from the requirements of this section.
(b) An analysis of the rationale for how the potential health hazards addressed under this section will be alternatively addressed by the proposed variance. The department may require that any of the following information be included in the analysis under this subdivision:
(i) A letter from a process authority. As used in this subdivision, "process authority" means a person that is recognized by a national association and has expert knowledge of complex processing requirements for specific foods and can provide analysis.
(ii) Copies of relevant articles from scientific journals.
(iii) Studies of at least 3 completed processes described under subsections (9) and (10) that demonstrate the desired result is reliably achieved.
(iv) Laboratory analyses that demonstrate both of the following:
(A) For Clostridium botulinum, zero toxin production in the smoked fish product for a time period beyond the shelf life of the smoked fish product of not less than 1/3 of the shelf life, demonstrated through inoculated pack studies under normal and moderate abuse conditions.
(B) No detectable Listeria monocytogenes in the smoked fish product.
(v) Federal, state, or local government regulations or advisories.
(c) A hazard analysis and critical control points plan.
(23) After an application for a variance is received under subsection (22), the department may grant or deny a variance. If the department grants a variance, the fish-smoking establishment must comply with all of the following:
(a) Comply with an HACCP plan and any procedures that are submitted as a basis for the variance.
(b) Maintain records that include procedures for monitoring critical control points and verification of the effectiveness of an operation or process.
(c) Complete any necessary corrective actions if there is a failure at a critical control point.
(d) Notify the department, in writing, if there is any change, replacement, or modification to the information required under subsection (22).
(24) The department may revoke a variance granted under subsection (23) or may require resubmission of an application for a variance under subsection (22) if any inspection, monitoring, analysis, or other official activity conducted by the department under this act finds that a condition exists that creates a potential food safety hazard. The department may set an expiration date for a variance granted under subsection (23) after which a fish-smoking establishment must resubmit an application for a variance under subsection (22). If the department sets an expiration date under this subsection, the department shall notify the fish-smoking establishment of the expiration date in writing.
(25) Notwithstanding any other provision of law, an HACCP plan submitted with an application for a variance under subsection (22) must specify, for each type of smoked fish product, all of the following information:
(a) The identity of the smoked fish product or categorization of like products that the HACCP plan addresses.
(b) The potential food safety hazards, such as microbiological, chemical, or physical hazards, that may cause a smoked fish product to be unsafe for human consumption.
(c) A diagram that depicts the fish-smoking establishment's entire processing procedures and identifies each critical control point.
(d) Employee and supervisory training plans that address food safety issues.
(e) The standard operating procedures for the HACCP plan, including clearly identifying all of the following:
(i) Each critical control point, including all of the following:
(A) Raw material thawing.
(B) Brining or dry salting.
(C) Smoking.
(D) Cooling after smoking.
(E) Post-smoke processing, if any.
(ii) The critical limits that must be met at each critical control point specified in subparagraph (i) to prevent food safety hazards.
(iii) The method and frequency for monitoring and controlling each critical control point by an employee designated by the fish-smoking establishment.
(iv) The method and frequency with which the fish-smoking establishment verifies that an employee is following standard operating procedures and monitoring critical control points.
(v) The action taken by the fish-smoking establishment if the critical limits for each critical control point are not met.
(26) If a fish-smoking establishment engages in any of the following processes, the fish-smoking establishment must apply for a variance under subsection (22):
(a) Producing cold process smoked fish.
(b) Subjecting smoked fish to reduced oxygen packaging.
(c) Using additives that reduce the level of, combine with, or replace, in whole or in part, the sodium chloride used in the smoked fish product at the required level, such as sodium nitrite, potassium chloride, or any other approved food additive.
(27) This section does not apply to any of the following smoked fish products:
(a) Finnan haddie, smoked cod fillet, smoked Scottish kipper, or any other smoked fish product that is clearly labeled to be cooked before it is consumed.
(b) Boneless, smoked salted herring; smoked, dry salted herring; smoked blind robbin; or any other smoked fish that has a water phase salt content of not less than 10%.
(c) Commercially sterile smoked fish, either canned or in sterile packaging.
(28) As used in this section:
(a) "Cold process smoked fish" means a smoked fish that has not been subjected to sufficient heat to coagulate the protein throughout the fish.
(b) "Critical control point" means a point, step, or procedure in a food process at which control can be applied and, as a result, a food safety hazard can be prevented, eliminated, or reduced to acceptable levels.
(c) "Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of the identified food safety hazard.
(d) "Fish" means all freshwater or saltwater finfish, mollusks, crustaceans, and other aquatic organisms, other than birds or mammals, that are intended for human consumption.
(e) "Fish-smoking establishment" means a food establishment that is not regulated under 21 CFR 123 and that processes fish into smoked fish products.
(f) "Liquid smoke" means an aqueous solution of wood smoke that, when suitably diluted, may be used to impart a smoke flavor.
(g) "Loin muscle" means the longitudinal quarter of the great lateral muscle of a fish that is free from skin, scales, visible blood clots, bones, gills, and nonstriated parts.
(h) "Reduced oxygen packaging" means packaging that reduces the amount of oxygen in a package by mechanical evacuation of the oxygen, displacing the oxygen with another gas or combination of gases, or otherwise controlling the oxygen content in a package to a level below the level of 21% normally found in the surrounding atmosphere. Reduced oxygen packaging includes altered atmosphere, modified atmosphere, controlled atmosphere, low oxygen, and vacuum packaging.
(i) "Smoked fish product" means a freshwater or saltwater finfish that is prepared by treating it with sodium chloride and subjecting it to the direct action of the smoke from burning wood, wood sawdust, or similar burning material or from liquid smoke flavoring applied to the surface in a gaseous, liquid, or vaporized state with or without heat. Smoked fish includes products composed, in whole or in part, from smoked fish, such as sausage, pate, or snack dip.
(j) "Temperature-indicating device" means an accurate, standard thermometer or equivalent device, such as a resistance temperature device or thermocouple.
(k) "Temperature-recording device" means a device that is capable of providing a continuous record of the temperature conditions being monitored.
(l) "Water phase salt" means the percentage of sodium chloride in the water phase of the finished fish product calculated by multiplying the percentage of sodium chloride by 100 and dividing that number by the sum of the percentage of sodium chloride and the percentage of moisture in the finished product.
Sec. 7106. (1) All processors of juice shall comply with the regulations of the U.S. food and drug administration in 21 CFR part 120.
(2) An A food establishment that presses apple cider shall must have at least 1 active employee currently certified under a program described in section 2129 or having completed a current course recognized by the department as pertinent to safe cider production.
Sec. 7107. (1) Bottled water shall must be obtained from a water supply approved by the department of environmental quality environment, Great Lakes, and energy and in compliance with the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.
(2) A copy of the current sanitary survey report from the department of environmental quality environment, Great Lakes, and energy under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, and the water sample results required under that act shall must be available at the in-state bottling plant for the director to demonstrate approval of the source and supply of the water.
(3) Bottled water shall must not contain any substance in excess of the maximum contaminant level adopted for drinking water under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.
(4) A water dispensing machine shall must be clearly and conspicuously labeled with the declaration of identity of the product dispensed.
Sec. 8105. (1) A person shall not do any of the following:
(a) Make, publish, disseminate, circulate, or place before the public any advertisement containing any an assertion, representation, or statement which that is untrue, deceptive, or misleading or falsely represents the kind, classification, grade, or quality of meat.
(b) Use any term of quality without using or having for sale the quality of meat advertised or offered for sale.
(c) Designate or use any brand name of a company unless the meat so that is advertised or displayed for sale is of a quality which that the use or designation of the brand name of such a company would reasonably indicate.
(2) A person shall not advertise or display for sale any of the following:
(a) Any meat of the ovine species that is 2 years old or over as "yearling" or "lamb". Such This meat shall must be clearly designated "mutton".
(b) Any meat described by the use of words associated with grading terminology unless such the meat advertised for sale actually bears the "USDA" federal stamp designating such the grade or is of equal quality as the federal grade would designate.
(c) Any ham unless the advertisement or display states whether the ham is whole, bone-in, semi-boneless, or boneless.
(d) Any ham portion described by the use of the words "one-half" or "half ham" that has had a center slice removed.
(e) Any pork shoulder described as "ham".
(f) Any meat or meat product which that has been branded or marked as imitation by a manufacturer or processor unless the advertisement or display clearly states that such the meat or meat product is an imitation.
(3) A person shall not substitute in any sale any inferior or cheaper cut of meat without informing the purchaser that such a substitution is being made.
(4) A person shall not keep or display any canned meats or canned meat products at a temperature exceeding 6° centigrade (41° 5 degrees Celsius (41 degrees Fahrenheit) if the label of such the meats or meat products specifies that they shall must be kept under refrigeration.
(5) Whenever it becomes necessary for the purposes of this act to procure a sample or samples of meat or meat products, the person individual in charge of the place food establishment where evaluation is made must permit the sample or samples to be obtained upon being tendered the advertised or offered price of the item being procured.
Sec. 8107. (1) As used in this section:
(a) "Date" means 1 of the following:
(i) For perishable food, the recommended last day of sale.
(ii) For nonperishable food, the recommended last day of sale or consumption, if any.
(b) "Prepackaged" means packaged prior to before being displayed or offered for sale.
(2) A retail food establishment shall not sell or offer for sale a prepackaged perishable food unless the package bears a label with a date identified by month and day, except that bakery products with a shelf life of 7 days or less may be dated with a day of the week or an abbreviation. A retail food establishment may sell or offer for sale a prepackaged nonperishable food with or without a label that bears a date.
(3) The date for prepackaged perishable food may be displayed with or without explanatory terms. If explanatory terms are used, the terms shall must be limited to 1 of the following: "Sell by _____", "Sell before _____", "Last date of sale _____", "Recommended last date of sale _____", or "Recommended sale date _____". Other meaningful terms may be used if specifically approved by the department.
(4) A retail food establishment shall not sell or offer for sale any of the following foods under the following circumstances:
(a) After the date, meat that has been removed from a federally inspected retail package.
(b) After the date, nonperishable food or prepackaged perishable food unless the food is wholesome, and sound, and is clearly identified as having passed the date.
(c) Nonperishable food that is no longer wholesome or sound.
(5) The retail or final seller is responsible for the proper advertisement of food sold after the date.
(6) A person who that prepackages nonperishable food and chooses to label labels the food with a date or who that prepackages perishable food shall do all of the following:
(a) Establish a meaningful date that takes into consideration the food quality and characteristics of the food, its packaging, and customary conditions encountered in commercial channels.
(b) If the date is the recommended last day of sale, allow a reasonable period after the date for consumption of the food without physical spoilage.
(c) Keep a record of the method of determination of the date.
(7) A retailer who that purchases prepackaged perishable food may, upon written agreement with the person prepackaging such the food, determine, identify, and be responsible for the date that each package of such food bears on a label.
(8) The date shall must not be altered. A person shall not rewrap or repackage a food, in its original form and texture, with a date on the package different from the original.
(9) If the date is the recommended last day of sale, the date shall must be calculated to allow a reasonable period for the subsequent consumption of the food, but shall must not allow for a period which that would result in a health nuisance as described in section 2107.
(10) This section does not apply to fresh fruits and vegetables and frozen food, and does subsections (1), (2), (3), and (6) do not apply to milk and milk products dated in accordance with the grade A milk law of 2001, 2001 PA 266, MCL 288.471 to 288.540.
(11) The requirements of this section do not apply to any of the following:
(a) An individually packaged food item that is a component of a larger food item if the larger food item is identified with a date the same as or earlier than the date of that component.
(b) Perishable foods packaged under, and in compliance with, federal laws and regulations, if providing information equal to or greater than the information required by this section.
(c) Smoked fish product meeting the requirements under the smoked fish rules.section 7105.
Enacting section 1. Sections 5109 and 7103 of the food law, 2000 PA 92, MCL 289.5109 and 289.7103, are repealed.
