Bill Text: MI HB6129 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Food: service establishments; evaluation of food establishments; modify. Amends secs. 2105, 2111, 2132, 3115, 4103 & 6135 of 2000 PA 92 (MCL 289.2105 et seq.).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2024-12-18 - Referred To Committee On Government Operations [HB6129 Detail]
Download: Michigan-2023-HB6129-Engrossed.html
HOUSE BILL NO. 6129
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending sections 2105, 2111, 2132, 3115, 4103, and 6135 (MCL 289.2105, 289.2111, 289.2132, 289.3115, 289.4103, and 289.6135), section 2111 as amended by 2015 PA 61, section 3115 as amended by 2016 PA 188, section 4103 as amended by 2023 PA 194, and section 2132 as added and section 6135 as amended by 2012 PA 178.
the people of the state of michigan enact:
Sec. 2105. (1) When necessary for the enforcement of this act, the director may seize without formal warrant any food found to be sold, held for sale, or exposed for sale, or otherwise distributed to the public in violation of this act or rules. promulgated under this act.
(2) If the director finds or has probable cause to believe that any food is adulterated or so misbranded as to be dangerous to public health or fraudulent, within the meaning of this act, he or she the director shall affix to the food a tag or other appropriate marking giving notice that the food is, or is suspected of being, adulterated or misbranded and has been seized or embargoed. A person shall not remove or dispose of the food tagged or marked as embargoed or seized, by sale or otherwise, until permission for removal or disposal is given by the director or a court. of competent jurisdiction.
(3) If food seized or embargoed under subsection (1) or (2) is determined by the director to be adulterated or misbranded, he or she the director shall cause a petition to be filed in circuit court in whose the jurisdiction where the food is seized or embargoed for a complaint for condemnation of the food. Seized or embargoed food shall must be destroyed at the expense of the claimant of the food, under the supervision of the director, and the court may order the payment of the costs and fees and storage and other proper expenses by the claimant of the food or his or her the claimant's agents. However, if the court finds that adulteration or misbranding can be corrected by proper labeling or processing of the food, after entry of the order; payment of the costs, fees, and expenses; and execution of a good and sufficient bond conditioned that the food shall must be so labeled or processed, the court may direct the food to be delivered to the claimant for labeling or processing under the supervision of the director. The claimant shall pay the expense of the supervision. The food shall must be returned to the claimant of the food on the representation to the court by the director that the food is no longer in violation of this act and that the expenses of supervision have been paid. If the director determines that the food so seized or embargoed is not adulterated or misbranded, he or she the director shall remove the tag or other marking.
Sec. 2111. (1) The director shall have free access at reasonable hours to any food establishment, including a vehicle used to transport or hold food or the growing, harvesting, and crop storage areas of a farm that is covered under 21 CFR 112, for the purpose of evaluating that the food establishment or vehicle to determine if this act or rules promulgated under this act are being violated. The director may secure samples of any food, after paying or offering to pay for the samples, to determine 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, activities regulated under this act or the rules, including, but not limited to, any of the following:
(a) Food, supplies, and equipment purchased, received, or used by, or persons employed by or doing business with, the food establishment. or location.
(b) Sample results.
(c) Food safety-related customer complaints.
(d) Standard operating procedures.
(e) Food safety plans.
(3) The director may take photographs, videos, or audio recordings, or copy physical or digital records as part of an evaluation. 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 or videos of that area or copies of that record as being confidential and shall diligently protect the confidentiality.not disclose the information unless required to do so by law.
(4) Any records provided by a food establishment in connection with developing, implementing, or verifying a food safety plan or practice under this act are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. Records described under this subsection that are released to a legislative body must not contain identifying information. An exemption under this subsection does not apply to documents, communications, data, reports, or other information required to be collected, maintained, or made available or reported to a state agency or any other person by statute, rule, ordinance, permit, order, consent agreement, or as otherwise provided by law.
Sec. 2132. The department may enter into agreements with state agencies, other states, and the federal government, colleges, universities, and associations to implement this act and provide and accept food safety assistance, including the training of personnel. Any employee of the department assigned to food safety duties or training programs outside this state shall be considered to be working inside this state for purposes of compensation and any other employee benefits.
Sec. 3115. (1) A local health department shall promptly review a license application for a food service establishment to determine if the application is complete and accurate. A local health department may return an incomplete or inaccurate application to a license applicant and request any additional information it considers necessary to ensure completeness or accuracy of the application.
(2) Subject to subsection (3), after a local health department determines that an application under subsection (1) is proper, complete, and accurate, it shall inspect evaluate the proposed or existing food service establishment to determine compliance with this act.
(3) If a temporary food establishment will serve only low-risk food, instead of conducting an inspection evaluation under subsection (2), a local health department, based on a public health risk assessment, may conduct an in-office consultation, including food safety education , and operational review of the proposed temporary food establishment with the license applicant. The person individual in charge of the temporary food establishment must be present during the in-office consultation. A local health department that conducts an in-office consultation under this subsection may also conduct an inspection evaluation under subsection (2).
(4) A local health department shall conduct an inspection evaluation under subsection (2) or an in-office consultation under subsection (3), as applicable, before it makes its recommendation to the department on the issuance of a license.
(5) A local health department shall forward to the department its recommendation for license approval or approval with limitation.
Sec. 4103. (1) An applicant shall submit an application for a food establishment license at least 30 calendar days before the date planned for its opening or the change of ownership. For temporary food establishments applying less than 4 days from before opening, the director may charge twice the applicable license fee to perform the licensing evaluation.
(2) An application for a license under subsection (1) must be submitted on forms approved by the department and contain the reasonable information required by the department to process the application.
(3) An application for a mobile food establishment license must include the following information:
(a) The location and dates and hours of the operation.service for each location listed in the route schedule under subdivision (c).
(b) The name and address of the commissary that will service the applicant.
(c) The route schedule.
(4) Within 10 days after a change in the servicing commissary, the mobile food establishment licensee shall submit an affidavit containing the name and address of the new commissary servicing the licensee.
(5) The local health department shall forward license recommendations to the department. Section 3119(5) does not apply.
(6) The director may issue a temporary food establishment license. The director, in accordance with uniformly applied department guidance, may decline to issue multiple temporary food establishment licenses for the same establishment within a given calendar year.
Sec. 6135. (1) The name and address of the business operating a mobile food establishment shall must be affixed to each side of the exterior of the vehicle in letters not less than 3 inches high and 3/8 of an inch wide and shall must be in contrast to the vehicle background color. When more than 1 mobile food service establishment is operated by the same person, the director shall assign a number to each establishment.
(2) A copy of the approved menu, standard operating procedures, and limitations attached to the license of a mobile food service establishment shall must be carried on the mobile food service establishment at all times.
(3) If a A mobile food establishment is operating on a regularly scheduled route, the director may require the license holder to must provide a copy of the route schedule when the license is approved to the local health department or department, as applicable, with an application for a license under section 4103 and every time the route schedule is changed. Not less than 24 hours or more than 4 business days after any food is served or prepared within a jurisdiction, the mobile food establishment must provide to the local health department or department, as applicable, in writing, each location in the jurisdiction at which food will be served and the dates and hours of service.
(4) The director or the operator in the presence of the director owner of the mobile food establishment shall affix 2 decals a decal provided by the department on the mobile food establishment at the time the license is issued. The decals shall decal must be conspicuously displayed on each side of the mobile food establishment so as to be visible when in transit and while serving the public.
(5) If a mobile food establishment moves within the same local health department jurisdiction by which the mobile food establishment is licensed, the mobile food establishment is exempt from the requirements under subsection (3) if the mobile food establishment complies with the following as part of a license renewal:
(a) The mobile food establishment keeps a record of all deviations from the route schedule provided under subsection (3).
(b) The mobile food establishment keeps a record of all deviations from the approved menu provided under subsection (2).
