Bill Text: MI HB6133 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Food: retail establishments; delegation of authority for complex processing in certain food establishments; provide for. Amends secs. 3105, 3129, 3139, 4101, 4105, 5101 & 6103 of 2000 PA 92 (MCL 289.3105 et seq.).
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed) 2024-12-18 - Referred To Committee On Government Operations [HB6133 Detail]
Download: Michigan-2023-HB6133-Engrossed.html
Substitute For
HOUSE BILL NO. 6133
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending sections 3105, 3129, 3139, 4101, 4105, 5101, and 6103 (MCL 289.3105, 289.3129, 289.3139, 289.4101, 289.4105, 289.5101, and 289.6103), sections 3105 and 5101 as amended by 2012 PA 178, section 3139 as amended by 2007 PA 113, section 4101 as amended by 2010 PA 112, and section 4105 as amended by 2016 PA 188.
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 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 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 under 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 food for wholesale. The local health department must forward to the department, on a form provided by the department, information regarding the operation of a food processor that is part of a food service establishment as described under subsection (3) within 30 days after the operation is identified.
(6) A food processor that is part of a food service establishment as described under subsection (3) or (5) may receive a separate license from the department, and is responsible only for the fee required under section 3119 and not a licensing fee described under section 4111.
Sec. 3129. (1) A local health department or the department, as applicable, 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 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.
(i) (ii) 1959 PA 228, MCL 286.371 to 286.379.
(ii) (iii) 1964 PA 158, MCL 290.451 to 290.466.
(iii) (iv) Grade A milk law of 2001, 2001 PA 266, MCL 288.471 to 288.540.
(iv) (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 retail 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 of $15,001.00 or less of that do not exceed the gross sale limitation for cottage food products described in section 4102(5) for honey or maple syrup. In such case, the If both the retail outlet and processing facility are exempt from licensure under this subdivision, the honey and maple syrup shall must have labeling a label that is substantially similar to that the label for cottage food products as described in section 4102(3).4102.
(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 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.
(h) A mobile food establishment, such as an ice cream truck, that offers only prepackaged, single-serving frozen desserts.
(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.
(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 subparagraph, 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.
(k) A person owning or operating 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.
(l) Feeding operations set up in response to an emergency or disaster.
(m) A person operating 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.
(n) 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.
(o) An individual who operates a location under the requirements of 1978 PA 260, MCL 393.351 to 393.368.
(2) Notwithstanding subsection (1)(a), a person operating that operates as or conducting 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 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 shall 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 shall 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 foods, 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.
