SENATE BILL No. 595

June 20, 2007, Introduced by Senator VAN WOERKOM and referred to the Committee on Agriculture.

      A bill to amend 2000 PA 92, entitled

"Food law of 2000,"

by amending sections 1105, 1107, 1109, 2111, 2113, 2119, 2123,

2125, 2129, 3103, 3119, 3121, 3123, 3125, 3127, 3135, 3137, 3139,

4101, 4103, 4105, 4107, 4111, 4113, 4116, 4117, 4125, 5101, 5105,

5107, 6101, 6115, 6129, 6137, 6147, 6149, 7105, 7113, 7115, 7119,

7125, 7137, 8105, and 8107 (MCL 289.1105, 289.1107, 289.1109,

289.2111, 289.2113, 289.2119, 289.2123, 289.2125, 289.2129,

289.3103, 289.3119, 289.3121, 289.3123, 289.3125, 289.3127,

289.3135, 289.3137, 289.3139, 289.4101, 289.4103, 289.4105,

289.4107, 289.4111, 289.4113, 289.4116, 289.4117, 289.4125,

289.5101, 289.5105, 289.5107, 289.6101, 289.6115, 289.6129,

289.6137, 289.6147, 289.6149, 289.7105, 289.7113, 289.7115,

289.7119, 289.7125, 289.7137, 289.8105, and 289.8107), sections

1109, 3119, 4111, 4117, 6101, and 6149 as amended by 2002 PA 487

and section 4116 as added by 2004 PA 267, and by adding sections

6140 and 7106; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 1105. As used in this act:

 2        (a) "Adulterated" means food to which any of the following

 3  apply:

 4        (i) It bears or contains any poisonous or deleterious

 5  substance that may render it injurious to health except that, if

 6  the substance is not an added substance, the food is not

 7  considered adulterated if the quantity of that substance in the

 8  food does not ordinarily render it injurious to health.

 9        (ii) It bears or contains any added poisonous or added

10  deleterious substance, other than a substance that is a pesticide

11  chemical in or on a raw agricultural commodity; a food additive;

12  or a color additive considered unsafe within the meaning of

13  subparagraph (v).

14        (iii) It is a raw agricultural commodity that bears or

15  contains a pesticide chemical considered unsafe within the

16  meaning of subparagraph (v).

17        (iv) It bears or contains any food additive considered unsafe

18  within the meaning of subparagraph (v) provided that where a

19  pesticide chemical has been used in or on a raw agricultural

20  commodity in conformity with an exemption granted or tolerance

21  prescribed under subparagraph (v) and the raw agricultural

22  commodity has been subjected to processing the residue of that

 1  pesticide chemical remaining in or on that processed food is,

 2  notwithstanding the provisions of subparagraph (v) and this

 3  subdivision, not be considered unsafe if that residue in or on

 4  the raw agricultural commodity has been removed to the extent

 5  possible in good manufacturing practice and if the concentration

 6  of that residue in the processed food when ready to eat is not

 7  greater than the tolerance prescribed for the raw agricultural

 8  commodity.

 9        (v) Any added poisonous or deleterious substance, any food

10  additive, and pesticide chemical in or on a raw agricultural

11  commodity, or any color additive is considered unsafe for the

12  purpose of application of this definition, unless there is in

13  effect a federal regulation or exemption from regulation under

14  the federal act, meat inspection act, poultry product inspection

15  act, or other federal acts, or a rule adopted under this act

16  limiting the quantity of the substance, and the use or intended

17  use of the substance, and the use or intended use of the

18  substance conforms to the terms prescribed by the rule.

19        (vi) It is or contains a new animal drug or conversion

20  product of a new animal drug that is unsafe within the meaning of

21  section 512 360b of the federal act, 21 U.S.C. 512 21 USC 360b.

22        (vii) It consists in whole or in part of a diseased,

23  contaminated, filthy, putrid, or decomposed substance or it is

24  otherwise unfit for food.

25        (viii) It has been produced, prepared, packed, or held under

26  insanitary conditions in which it may have become contaminated

27  with filth or in which it may have been rendered diseased,

 1  unwholesome, or injurious to health.

 2        (ix) It is the product of a diseased animal or an animal that

 3  has died other than by slaughter or that has been fed uncooked

 4  garbage or uncooked offal from a slaughterhouse.

 5        (x) Its container is composed, in whole or in part, of any

 6  poisonous or deleterious substance that may render the contents

 7  injurious to health.

 8        (xi) A valuable constituent has been in whole or in part

 9  omitted or abstracted from the food; a substance has been

10  substituted wholly or in part for the food; damage or inferiority

11  has been concealed in any manner; or a substance has been added

12  to the food or mixed or packed with the food so as to increase

13  its bulk or weight, reduce its quality or strength, or make it

14  appear better or of greater value than it is.

15        (xii) It is confectionery and has partially or completely

16  imbedded in it any nonnutritive object except in the case of any

17  nonnutritive object if, as provided by rules, the object is of

18  practical functional value to the confectionery product and would

19  not render the product injurious or hazardous to health; it bears

20  or contains any alcohol other than alcohol not in excess of 1/2

21  of 1% by volume derived solely from the use of flavoring

22  extracts; or it bears or contains any nonnutritive substance

23  except a nonnutritive substance such as harmless coloring,

24  harmless flavoring, harmless resinous glaze not in excess of 4/10

25  of 1%, harmless natural wax not in excess of 4/10 of 1%, harmless

26  natural gum and pectin or to any chewing gum by reason of its

27  containing harmless nonnutritive masticatory substances which is

 1  in or on confectionery by reason of its use for some practical

 2  functional purpose in the manufacture, packaging, or storage of

 3  such confectionery if the use of the substance does not promote

 4  deception of the consumer or otherwise result in adulteration or

 5  misbranding in violation of the provisions of this act. For the

 6  purpose of avoiding or resolving uncertainty as to the

 7  application of this subdivision, the director may issue rules

 8  allowing or prohibiting the use of particular nonnutritive

 9  substances.

10        (xiii) It is or bears or contains any color additive that is

11  unsafe within the meaning of subparagraph (v).

12        (xiv) It has been intentionally subjected to radiation,

13  unless the use of the radiation was in conformity with a rule or

14  exemption under this act or a regulation or exemption under the

15  federal act.

16        (xv) It is bottled water that contains a substance at a level

17  higher than allowed under this act.

18        (b) "Advertisement" means a representation disseminated in

19  any manner or by any means, other than by labeling, for the

20  purpose of inducing, or which is likely to induce, directly or

21  indirectly, the purchase of food.

22        (c) "Bed and breakfast" means a private residence that

23  offers sleeping accommodations to transient tenants in 14 or

24  fewer rooms for rent, is the innkeeper's residence in which the

25  innkeeper resides while renting the rooms to transient tenants,

26  and serves breakfasts, or other meals in the case of a bed and

27  breakfast described in section 1107(n)(ii), at no extra cost to

 1  its transient tenants. A bed and breakfast is not considered a

 2  food service establishment if exempt under section 1107 (l)(iii) or

 3  (iv) 1107(n)(ii) or (iii).

 4        (d) "Color additive" means a dye, pigment, or other

 5  substance made by process of synthesis or similar artifice or

 6  extracted, isolated, or otherwise derived, with or without

 7  intermediate or final change of identity from a vegetable,

 8  animal, mineral, or other source, or when added or applied to a

 9  food or any part of a food is capable alone or through reaction

10  with other substance of imparting color to the food. Color

11  additive does not include any material that is exempt or

12  hereafter is exempted under the federal act. This subdivision

13  does not apply to any pesticide chemical, soil or plant nutrient,

14  or other agricultural chemical solely because of its effect in

15  aiding, retarding, or otherwise affecting, directly or

16  indirectly, the growth of other natural physiological process of

17  produce of the soil and thereby affecting its color, whether

18  before or after harvest. Color includes black, white, and

19  intermediate grays.

20        (e) "Contaminated with filth" means contamination applicable

21  to any food not securely protected from dust, dirt, and, as far

22  as may be necessary by all reasonable means, from all foreign or

23  injurious contaminations.

24        (f) "Continental breakfast" means the serving of only non-

25  potentially-hazardous food such as a roll, pastry or doughnut,

26  fruit juice, or hot beverage, but may also include individual

27  portions of milk and other items incidental to those foods.

 1        (g) "Critical violation" or "critical item" means a

 2  violation of the food code that the director determines is more

 3  likely than other violations to contribute to food contamination,

 4  illness to humans, or environmental health hazard.

 5        Sec. 1107. As used in this act:

 6        (a) "Department" means the Michigan department of

 7  agriculture.

 8        (b) "Director" means the director of the Michigan department

 9  of agriculture or his or her designee.

10        (c) "Evaluation" means a food safety audit, inspection, or

11  food safety and sanitation assessment, whether announced or

12  unannounced, that identifies violations or verifies compliance

13  with this act and determines the degree of active control by food

14  establishment operators over foodborne illness risk factors.

15  (d) (c) "Extended retail food establishment" means a retail

16  grocery that does both of the following:

17        (i) Serves or provides an unpackaged food for immediate

18  consumption.

19        (ii) Provides customer seating in the food service area.

20        (e) "Fair concession" means a food concession, storage,

21  preparation, or dispensing operation at a state or county fair.

22  (f) (d) "Federal act" means the federal food, drug, and

23  cosmetic act, chapter 675, 52 Stat. 1040, 21 U.S.C. USC 301 to

24  321, 331 to 333, 334 to 343-3, 344 to 346a, 347, 348 to 356c, 358

25  to 360, 360b to 360dd, 360hh to 363, 371 to 376, and 378 to 397.

26  (g) (e) "Food" means articles used for food or drink for

27  humans or other animals, chewing gum, and articles used for

 1  components of any such article.

 2  (h) (f) "Food additive" means any substance, the intended

 3  use of which, directly or indirectly, results in or may be

 4  reasonably expected to result in its becoming a component or

 5  otherwise affecting the characteristics of any food if that

 6  substance is not generally recognized among experts as having

 7  been adequately shown through scientific procedures to be safe

 8  under the conditions of its intended use. Food additive includes

 9  any substance intended for use in producing, manufacturing,

10  packing, processing, preparing, treating, packaging,

11  transporting, or holding food and includes any source of

12  radiation intended for any use. Food additive does not include

13  any of the following:

14        (i) A pesticide chemical in or on a raw agricultural

15  commodity.

16        (ii) A pesticide chemical to the extent that it is intended

17  for use or is used in the production, storage, or transportation

18  of any raw agricultural commodity.

19        (iii) A color additive.

20        (iv) Any substance used in accordance with a sanction or

21  approval granted before the enactment of the food additives

22  amendment of 1958, Public Law 85-929, 72 Stat. 1784, pursuant to

23  the federal act, the poultry products inspection act, Public Law

24  85-172, 71 Stat. 441, 21 U.S.C. USC 451 to 471, or the meat

25  inspection act of March 4, 1907, chapter 2907, 34 Stat. 1258.

26  (i) (g) "Food code" means food code, 1999 2005

27  recommendations of the food and drug administration of the United

 1  States public health service that regulates the design,

 2  construction, management, and operation of certain food

 3  establishments.

 4        (h) "Food concession" means a food storage, preparation, or

 5  dispensing operation at a state or county fair.

 6  (j) (i) "Food establishment" means an operation where food

 7  is processed, packed, canned, preserved, frozen, fabricated,

 8  stored, prepared, served, sold, or offered for sale. Food

 9  establishment includes a food processing plant, a food service

10  establishment, and a retail grocery. Food establishment does not

11  include any of the following:

12        (i) A charitable, religious, fraternal, or other nonprofit

13  organization operating a home-prepared baked goods sale or

14  serving only home-prepared food in connection with its meetings

15  or as part of a fund-raising event.

16        (ii) An inpatient food operation located in a health facility

17  or agency subject to licensure under article 17 of the public

18  health code, MCL 333.20101 to 333.22260.

19        (iii) A food operation located in a prison, jail, state mental

20  health institute, boarding house, fraternity or sorority house,

21  convent, or other facility where the facility is the primary

22  residence for the occupants and the food operation is limited to

23  serving meals to the occupants as part of their living

24  arrangement.

25  (k) (j) "Food processing plant" means a food establishment

26  that processes, manufactures, packages, labels, or stores food

27  and does not provide food directly to a consumer.

 1        (l) "Food safety and sanitation assessment" means judging or

 2  assessing specific food handling activities, events, conditions,

 3  or management systems in an effort to determine their potential

 4  effectiveness in controlling risks for foodborne illness and

 5  required compliance with this act, accompanied by a report of

 6  findings.

 7        (m) "Food safety audit" means the methodical examination and

 8  review of records, food sources, food handling procedures, and

 9  facility cleaning and sanitation practices for compliance with

10  this act, accompanied by a report of findings. Food safety audit

11  includes checking or testing, or both, of observable practices

12  and procedures to determine compliance with standards contained

13  in or adopted by this act, accompanied by a report of findings.

14  (n) (k) "Food service establishment" means a fixed or mobile

15  restaurant, coffee shop, cafeteria, short order cafe,

16  luncheonette, grill, tearoom, sandwich shop, soda fountain,

17  tavern, bar, cocktail lounge, nightclub, drive-in, industrial

18  feeding establishment, private organization serving the public,

19  rental hall, catering kitchen, delicatessen, theater, commissary,

20  food concession, or similar place in which food or drink is

21  prepared for direct consumption through service on the premises

22  or elsewhere, and any other eating or drinking establishment or

23  operation where food is served or provided for the public. Food

24  service establishment does not include any of the following:

25        (i) A motel that serves continental breakfasts only.

26        (ii) A food concession.

27   (ii) (iii) A bed and breakfast that has 10 or fewer sleeping

 1  rooms, including sleeping rooms occupied by the innkeeper, 1 or

 2  more of which are available for rent to transient tenants.

 3  (iii) (iv) A bed and breakfast that has at least 11 but fewer

 4  than 15 rooms for rent, if the bed and breakfast serves

 5  continental breakfasts only.

 6  (iv) (v) A child care organization regulated under 1973 PA

 7  116, MCL 722.111 to 722.128, unless the establishment is carrying

 8  out an operation considered by the director to be a food service

 9  establishment.

10  (o) (l) "Food warehouse" means a food establishment that

11  stores or distributes prepackaged food for wholesaling.

12        Sec. 1109. As used in this act:

13        (a) "Imminent or substantial hazard" means a condition at a

14  food establishment that the director determines requires

15  immediate action to prevent endangering the health of people.

16        (b) "Inspection" means the checking or testing of observable

17  practices against standards established in or adopted by this

18  act, accompanied by a report of findings.

19        (c) "Juice" means the aqueous liquid expressed or extracted

20  from 1 or more fruits or vegetables, purees of the edible

21  portions of 1 or more fruits or vegetables, or any concentrates

22  of such liquid or puree.

23  (d) (b) "Label" means a display of written, printed, or

24  graphic matter upon the immediate container of any article and

25  includes a requirement imposed under this act that any word,

26  statement, or other information appearing on the display also

27  appear on the outside container or wrapper of the retail package

 1  of the article or be easily legible through the outside container

 2  or wrapper.

 3  (e) (c) "Labeling" means all labels and other written,

 4  printed, or graphic matter upon an article, any of its containers

 5  or wrappers, or accompanying the article.

 6  (f) (d) "License limitation" means an action by which the

 7  director imposes restrictions or conditions, or both, on a

 8  license of a food establishment.

 9  (g) (e) "License holder" means the entity that is legally

10  responsible for the operation of the food establishment including

11  the owner, the owner's agent, or other person operating under

12  apparent authority of the owner possessing a valid license to

13  operate a food establishment.

14  (h) (f) "Limited wholesale food processor" means a wholesale

15  food processor that has $25,000.00 or less in annual gross

16  wholesale sales made or business done in wholesale sales in the

17  preceding licensing year, or $25,000.00 or less of the food is

18  reasonably anticipated to be sold for the current licensing year.

19  Only the food sales from the wholesale food processor operation

20  are used in computing the annual gross sales under this

21  subdivision.

22  (i) (g) "Local health department" means that term as defined

23  in section 1105 of the public health code, MCL 333.1105, and

24  having those powers and duties as described in part 24 of the

25  public health code, MCL 333.2401 to 333.2498.

26        (j) "Milk product" means cream, light cream, light whipping

27  cream, heavy cream, heavy whipping cream, whipped cream, whipped

 1  light cream, sour cream, acidified sour cream, cultured sour

 2  cream, half-and-half, sour half-and-half, acidified sour half-

 3  and-half, cultured sour half-and-half, reconstituted or

 4  recombined milk and milk products, concentrated milk,

 5  concentrated milk products, skim milk, lowfat milk, frozen milk

 6  concentrate, eggnog, buttermilk, cultured milk, cultured lowfat

 7  milk, cultured skim milk, yogurt, lowfat yogurt, nonfat yogurt,

 8  acidified milk, acidified lowfat milk, acidified skim milk, low-

 9  sodium milk, low-sodium lowfat milk, low-sodium skim milk,

10  lactose-reduced milk, lactose-reduced lowfat milk, lactose-

11  reduced skim milk, aseptically processed and packaged milk, milk

12  products with added safe and suitable microbial organisms, and

13  any other milk product made by the addition or subtraction of

14  milkfat or addition of safe and suitable optional ingredients for

15  protein, vitamin, or mineral fortification. Milk product does

16  include dietary dairy products, dairy-based infant formula, ice

17  cream and other frozen desserts, cheese, and butter.

18  (k) (h) "Misbranded" means food to which any of the

19  following apply:

20        (i) Its labeling is false or misleading in any particular.

21        (ii) It is offered for sale under the name of another food.

22        (iii) It is an imitation of another food unless its label

23  bears, in type of uniform size and prominence, the word

24  "imitation" and immediately thereafter the name of the food

25  imitated.

26        (iv) Its container is so made, formed, or filled as to be

27  misleading.

 1        (v) It is in package form, unless it bears a label

 2  containing both the name and place of business of the

 3  manufacturer, packer, or distributor and an accurate statement of

 4  the quantity of the contents in terms of weight, measure, or

 5  numerical count subject to reasonable variations as are permitted

 6  and exemptions as to small packages as are established by rules

 7  prescribed by the department.

 8        (vi) Any word, statement, or other labeling required by this

 9  act is not prominently placed on the label or labeling

10  conspicuously and in such terms as to render it likely to be read

11  and understood by the ordinary individual under customary

12  conditions of purchase and use.

13        (vii) It purports to be or is represented as a food for which

14  a definition and standard of identity have been prescribed by

15  rules as provided by this act or under the federal act, unless it

16  conforms to such definition and standard and its label bears the

17  name of the food specified in the definition and standard, and,

18  insofar as may be required by the rules, the common names of

19  optional ingredients, other than spices, flavoring, and coloring,

20  present in such food.

21        (viii) It purports to be or is represented to be either of the

22  following:

23        (A) A food for which a standard of quality has been

24  prescribed by this act or rules and its quality falls below such

25  standard unless its label bears, in such manner and form as such

26  rules specify, a statement that it falls below such standard.

27        (B) A food for which a standard or standards of fill of

 1  container have been prescribed by this act or rules and it falls

 2  below the standard of fill of container applicable, unless its

 3  label bears, in such manner and form as the rules specify, a

 4  statement that it falls below the standard.

 5        (ix) It does not bear labeling clearly giving the common or

 6  usual name of the food, if one exists, and if fabricated from 2

 7  or more ingredients, the common or usual name of each ingredient

 8  except that spices, flavorings, and colorings, other than those

 9  sold as such, may be designated as spices, flavorings, and

10  colorings, without naming each and under other circumstances as

11  established by rules regarding exemptions based upon

12  practicality, potential deception, or unfair competition.

13        (x) It bears or contains any artificial flavoring,

14  artificial coloring, or chemical preservative unless the labeling

15  states that fact and under other circumstances as established by

16  rules regarding exemptions based upon practicality.

17        (xi) If a food intended for human consumption and offered for

18  sale, its label and labeling do not bear the nutrition

19  information required under section 403(q) of the federal act, 21

20  U.S.C. USC 343.

21        (xii) It is a product intended as an ingredient of another

22  food and, when used according to the directions of the purveyor,

23  will result in the final food product being adulterated or

24  misbranded.

25        (xiii) It is a color additive whose packaging and labeling are

26  not in conformity with packaging and labeling requirements

27  applicable to such color additive prescribed under the provisions

 1  of the federal act.

 2  (l) (i) "Mobile food establishment" means a food

 3  establishment operating from a vehicle or watercraft that returns

 4  to a licensed commissary for servicing and maintenance at least

 5  once every 24 hours.

 6  (m) (j) "Mobile food establishment commissary" means an

 7  operation that is capable of servicing a mobile food

 8  establishment.

 9  (n) (k) "Person" means an individual, sole proprietorship,

10  partnership, corporation, association, or other legal entity.

11  (o) (l) "Pesticide chemical" means any substance that, alone,

12  in chemical combination, or in formulation with 1 or more other

13  substances, is a pesticide within the meaning of the federal

14  insecticide, fungicide, and rodenticide act, chapter 125, 86

15  Stat. 973, 7 U.S.C. USC 136 to 136i, 136j to 136r, and 136s to

16  136y, and is used in the production, storage, or transportation

17  of raw agricultural commodities.

18  (p) (m) "Principal display panel" means that part of a label

19  that is most likely to be displayed, presented, shown, or

20  examined under normal and customary conditions of display for

21  retail sale.

22  (q) (n) "Public health code" means 1978 PA 368, MCL 333.1101

23  to 333.25211.

24        Sec. 2111. (1) The director shall have free access at all

25  reasonable hours to any food establishment, including a vehicle

26  used to transport or hold food, for the purpose of inspecting

27  evaluating that food establishment or vehicle to determine if any

 1  of the provisions of this act are being violated. The director

 2  may secure samples or specimens of any food after paying or

 3  offering to pay for such samples in order to determine whether

 4  any provision of this act is being violated.

 5        (2) The director may examine the records of the food

 6  establishment to obtain pertinent information about food,

 7  supplies, and equipment purchased, received, or used by, or

 8  pertaining to, persons employed by the food establishment or

 9  location.

10        (3) The director may take photographs or copy records as

11  part of an evaluation. When a food establishment identifies by

12  written document or mark that a certain area or record contains

13  visible trade secrets, the director shall identify any

14  photographs of that area or record as being confidential and

15  shall diligently protect the confidentiality.

16        Sec. 2113. (1) The director may order immediate cessation of

17  operation of a food establishment upon a determination that

18  continued operation would create an imminent or substantial

19  hazard to the public health.

20        (2) A food establishment ordered to cease food operations

21  under subsection (1) shall not resume operations until the

22  director determines, upon reinspection, that the conditions

23  responsible for the order to cease operations no longer exist.

24  The director shall offer an opportunity for reinspection

25  reevaluation upon request of the license holder of the

26  establishment.

27        (3) If the director orders an immediate cessation of

 1  operation of a food establishment under subsection (1), the

 2  license holder may request an administrative hearing.

 3        Sec. 2119. (1) Notwithstanding section 12909(1) of the

 4  public health code, MCL 333.12909, the department may promulgate

 5  rules to prescribe criteria for food service sanitation programs

 6  by local health departments. The department in promulgating these

 7  rules shall seek the advice and counsel of local health

 8  departments and the food service industry.

 9        (2) The department shall periodically conduct comprehensive

10  evaluations reviews of each local health department's food

11  service sanitation program. The evaluations reviews shall be

12  based on criteria developed by the department with input from

13  local health departments and shall include a review of both of

14  the following:

15        (a) The adequacy of sanitary conditions in the food service

16  establishments within the local health department jurisdiction.

17        (b) The competency and training of the food service

18  inspection personnel.

19        Sec. 2123. (1) A person whose license has been limited by

20  the director may, at any time, request a reinspection

21  reevaluation of the food establishment for the purpose of

22  removing the limitation and reinstating the full license.

23        (2) Based upon its reinspection reevaluation, if the

24  director determines that the conditions for removal of the

25  license limitation have been met, he or she shall remove the

26  limitation and reinstate the full license.

27        Sec. 2125. (1) The department shall charge the following

 1  fees for the following services:

 2        (a) A reissuance of a duplicate license, $15.00.

 3        (b) A free-sale letter, $25.00 per letter in an order and

 4  $5.00 per duplicate letter in the same order.

 5        (c) An inspection evaluation of a food establishment when

 6  the inspection evaluation is a second reinspection reevaluation

 7  of a food establishment that has already been inspected evaluated

 8  and found to contain a critical violation or the inspection

 9  evaluation is performed at the request of the operator, $60.00.

10        (d) A review and approval of training materials, $60.00 per

11  hour.

12        (e) A special transitory food unit plan review, $177.00

13  $197.00.

14        (f) A plan review as specified in section 8-201.11 of the

15  food code, $197.00.

16        (2) Fees collected under this section shall be deposited in

17  the general dairy and food safety fund and credited to the

18  department for enforcement of this act.

19        (3) The services referred to in subsection (1)(d) and (e)

20  involve the formal review and approval procedure. The department

21  may provide informal review or answer questions without charging

22  a fee.

23        Sec. 2129. (1) Upon request, the department may review and

24  issue approval of food safety training materials and food safety

25  training programs including, but not limited to, home-study

26  programs and computer-assisted training. Approval of food safety

27  training materials and food safety training programs expires 3

 1  years from the date of original issuance.

 2        (2) To receive department approval, a food safety training

 3  material shall be reviewed for and contain the following:

 4        (a) Accuracy and consistency with this act and the food

 5  code.

 6        (b) Manager knowledge training that includes the knowledge

 7  requirements of section 2-102.11 of the food code.

 8        (3) The issuance date for each original certificate issued

 9  under an approved food safety training program is the date the

10  individual successfully completes the examination. A certificate

11  expires 5 years from the date of original issuance. Any

12  replacement or duplicate certificate shall have as its expiration

13  date the same expiration date that was on the original

14  certificate. Certified individuals may be recertified by passing

15  a food safety certification examination or through an approved

16  recertification training program.

17        (4) An individual certified under a training program

18  approved under this section shall be recognized with full faith

19  and credit by a local unit of government throughout the state.

20        (1) While in operation, the following food establishments

21  shall have an employee present who is currently certified under a

22  personnel certification program accredited by the American

23  national standards institute, utilizing the conference for food

24  protection standards:

25        (a) A food service establishment.

26        (b) An extended retail food establishment.

27        (c) The operation of a food service establishment within a

 1  retail grocery.

 2        (2) An individual certified under subsection (1) shall be

 3  recognized with full faith and credit by the state and all local

 4  units of government throughout the state.

 5        (3) The department may promulgate rules to do all of the

 6  following:

 7        (a) By January 1, 2009, develop requirements for retail food

 8  establishments to follow when employing certified food safety

 9  managers or personnel.

10        (b) Set a reasonable date for compliance with the

11  requirements taking into consideration existing local personnel

12  certification requirements.

13        (c) Establish certification fees necessary to implement,

14  maintain, and track certified individuals directly or by

15  contract. The department may annually adjust the schedule of fees

16  to provide that the fee charged is sufficient to cover the cost

17  of the certification tracking program.

18        (d) Implement and enforce the requirements described in

19  subdivision (a).

20        (e) The certification program developed by the American

21  national standards institute, as it exists on the effective date

22  of the amendatory act that added this section, is incorporated by

23  reference. The department may adopt updates to the certification

24  program accreditation standards in subsection (1) by rule.

25  (4) (5) This section does not prohibit any local legislative

26  body from implementing a food handler program, an employee health

27  certification program, or a manager certification program,

 1  provided it is not in conflict with this section.

 2        Sec. 3103. As used in this chapter:

 3        (a) "Certified health department" means a county, district,

 4  or city health department that meets the criteria for

 5  certification of health departments established by this act and

 6  that is authorized by the director to enforce this act for retail

 7  groceries, food processing plants, or food fair concessions.

 8        (b) "Foodborne illness outbreak" means an incident where any

 9  of the following occur:

10        (i) Two or more persons, not of the same household, have

11  ingested a common food and have a similar disease, similar

12  symptoms, or excrete the same pathogens and there is a time,

13  place, or person association between these persons.

14        (ii) There is a single case of suspected botulism, mushroom

15  poisoning, paralytic shellfish poisoning, or other rare disease.

16        (iii) There is a case of a disease or poisoning that can be

17  definitely related to ingestion of a food.

18        (c) "Food service sanitation program" means the systematic

19  activity of the department and a local health department for

20  effective administration and enforcement of the food code and

21  this act, including all of the following:

22        (i) Periodic inspections evaluations of food service

23  establishments, temporary food service establishments, vending

24  machines, and vending machine locations for compliance with law.

25        (ii) Support of recommendations for licensure with

26  appropriate records.

27        (iii) Review of plans and specifications for new and

 1  extensively remodeled establishments.

 2        (iv) Educational activities.

 3        (v) Investigation of reports of foodborne illnesses.

 4        (vi) Other activities which may be necessary to assure proper

 5  implementation of this act.

 6        Sec. 3119. (1) Except as otherwise provided for in

 7  subsection (2), upon submission of an application, an applicant

 8  for a food service establishment license shall pay to the local

 9  health department having jurisdiction the required fees

10  authorized by section 2444 of the public health code, MCL

11  333.2444, and an additional state license fee as follows:

12      (a) Vending machine location fee ..........         $  2.503.00.

13      (b) Temporary food service establishment...         $  2.503.00.

14      (c) Food service establishment.............         $19.0022.00.

15      (d) Mobile food establishment commissary...         $19.0022.00.

16      (e) Special transitory food unit...........         $30.0035.00.

17        (2) When licensing a special transitory food unit, a local

18  health department shall impose a fee of $117.00 $135.00, which

19  includes the additional state license fee imposed under

20  subsection (1) unless exempted under subsection (4) or (5).

21        (3) The state license fee required under subsection (1)

22  shall be collected by the local health department at the time the

23  license application is submitted. The state license fee is due

24  and payable by the local health department to the state within 60

25  days after the fee is collected.

26        (4) A school or other educational institution is exempt from

 1  paying the fees imposed under section 2444 of the public health

 2  code, MCL 333.2444, and the additional state license fee imposed

 3  under subsections (1) and (2) but is not exempt from the other

 4  provisions of this chapter.

 5  (4) (5) A charitable, religious, fraternal, service, civic,

 6  or other nonprofit organization that has tax-exempt status under

 7  section 501(c)(3) of the internal revenue code of 1986 is exempt

 8  from paying additional state license fees imposed under this

 9  section except for the vending machine location license fee. An

10  organization seeking an exemption under this subsection shall

11  furnish to the department or a local health department evidence

12  of its tax-exempt status.

13  (5) (6) A veteran who has a waiver of a license fee under

14  the circumstances described in 1921 PA 359, MCL 35.441 to 35.443,

15  is exempt from paying the fees prescribed in this section.

16  (6) (7) The department shall adjust on an annual basis the

17  fees prescribed by subsections (1) and (2) , as adjusted after

18  November 8, 2000, by an amount determined by the state treasurer

19  to reflect the cumulative annual percentage change in the Detroit

20  consumer price index but not to exceed 5%. As used in this

21  subsection, "Detroit consumer price index" means the most

22  comprehensive index of consumer prices available for the Detroit

23  area from the bureau of labor statistics of the United States

24  department of labor or its successor. The adjustment shall be

25  rounded to the nearest dollar to set each year's fee under this

26  subsection, but the absolute value shall be carried over and used

27  to calculate the next annual adjustment.

 1  (7) (8) The local health department shall forward the

 2  license applications to the department with appropriate

 3  recommendations.

 4        Sec. 3121. (1) The department or a local health department

 5  shall conduct inspections evaluations in compliance with this

 6  act.

 7        (2) Records for all of the following shall be maintained by

 8  a local health department:

 9        (a) Applications for licensure.

10        (b) Operation licenses.

11        (c) Inspection Evaluation reports.

12        (d) Pertinent correspondence.

13        (e) Plans and specifications.

14        (f) Administrative actions.

15        (g) Other applicable information relating to the operation

16  of each food service establishment.

17        (3) A local health department shall maintain a record of all

18  consumer complaints, the ensuing investigation, and the result of

19  the complaint.

20        (4) All department and local health department records shall

21  be retained in accordance with the records retention schedule of

22  the department.

23        Sec. 3123. (1) An unannounced A compliance inspection

24  evaluation of each food service establishment shall be performed

25  by the director at least once every 6 months by a regulatory

26  authority or as required by a statewide department approved risk-

27  based schedule. Risk-based schedules shall be developed in

 1  consultation with local health departments.

 2        (2) A food service establishment which operates for 9 or

 3  fewer months each year shall be inspected at least once during

 4  the period of operation by a regulatory authority the director or

 5  as prescribed in the department's risk-based schedule.

 6        Sec. 3125. (1) Subject to subsection (3), a local health

 7  department, with the approval of the director and based on

 8  criteria developed by the department in consultation with local

 9  health departments, may reduce the frequency of inspections

10  evaluations of individual food service establishments if the

11  local health department determines that a reduced inspection

12  evaluation frequency will not adversely affect food service

13  sanitation practices within the food service establishment.

14        (2) A food service establishment which, upon investigation,

15  is implicated in a foodborne illness outbreak or chemical

16  intoxication shall be inspected evaluated by a regulatory

17  authority the director in compliance with section 3123 for not

18  less than the next 12 months.

19        (3) A local health department shall not reduce the minimum

20  frequency of inspections evaluations of any food service

21  establishment to less than once each 12 months that described in

22  section 3123 unless approved by the department.

23        Sec. 3127. (1) The findings of an inspection evaluation of a

24  food service establishment shall be recorded on an inspection

25  evaluation report form approved by the department. The form shall

26  identify those items considered to be critical from a public

27  health standpoint.

 1        (2) The inspection evaluation report shall summarize

 2  findings relative to compliance with the requirements of this

 3  act. The report form shall be signed and dated by the local

 4  health department representative.

 5        (3) Upon completion of the inspection evaluation, a copy of

 6  the completed inspection evaluation report form shall be

 7  furnished to the person in charge of the food service

 8  establishment. The person in charge shall sign the report form

 9  acknowledging receipt.

10        Sec. 3135. (1) The department shall make available to any

11  local health department an application form to be completed as a

12  request for certification. The application shall provide

13  information needed to substantiate the request to become a

14  certified health department.

15        (2) A local health department seeking certification shall

16  have sufficient trained administrative, inspection evaluation,

17  and support personnel and sufficient equipment to enforce

18  applicable laws and rules consistent with current state standards

19  in all licensed establishments within its jurisdictional

20  boundaries.

21        (3) A certified health department shall demonstrate to the

22  department the ability to conduct inspections evaluations and

23  related activities in accordance with the department's food

24  inspection information management electronic evaluation system

25  within prescribed time limitations utilized by the department.

26  Inspection Evaluation, investigation, and legal actions and

27  related activities shall be reported to the department on forms

 1  furnished by the department.

 2        (4) A certified health department must be capable of

 3  conducting necessary sampling and produce product surveillance

 4  equal to state standards.

 5        Sec. 3137. (1) The department shall conduct a general review

 6  and evaluation of reports and related data made by certified

 7  health departments under this act as often as considered

 8  necessary by the department.

 9        (2) An inspection evaluation quality assurance program

10  consisting of field evaluation of performed inspections

11  evaluations conducted by the certified health department shall be

12  routinely conducted by the department at a ratio of approximately

13  1 per 100 inspections evaluations made.

14        (3) A certified health department shall report annually to

15  the department a summary of all inspections, investigations,

16  samplings, legal actions, and any other actions of a significant

17  nature on a form furnished by the department. This report shall

18  be made annually on the basis of the state fiscal year.

19        (4) Review or evaluation A review disclosing adverse

20  findings shall be reported in writing by the department to the

21  health officer of the certified health department within 30 days

22  after the review or evaluation under subsection (1) is completed.

23        Sec. 3139. (1) If a certified health department fails to

24  meet the requirements established in this act or rules

25  promulgated under this act, written notice of deficiencies shall

26  be furnished to the health officer of that certified health

27  department within 30 days after completion of the review or

 1  evaluation under section 3137. This notice shall offer an

 2  opportunity to the health officer of the certified health

 3  department for a hearing with the director. If a hearing is not

 4  requested, certification issued under this chapter shall be

 5  revoked within 30 days following the notice to the health officer

 6  of the certified health department. If a hearing is held and

 7  deficiencies are not corrected within the time period specified

 8  in the hearing, certification shall be revoked within the time

 9  period specified in the hearing.

10        (2) If requested by the health officer of the certified

11  health department in a written notice to the director,

12  certification issued under this chapter shall be revoked within

13  30 days of receipt of the written notice.

14        (3) Revocation of certification issued under this chapter

15  does not restrict a health department from reapplication for

16  certification.

17        Sec. 4101. (1) Except as provided in section 4105, a person

18  shall not operate a food establishment unless licensed by the

19  department as a food establishment.

20        (2) Separate areas for food service or preparation located

21  in 1 building and actively operated under 1 management are

22  considered to be 1 food establishment and only 1 license is

23  required. The director may require separate licenses for these

24  areas if managed separately even though under the same owner.

25        (3) Except as otherwise provided in this act, a city,

26  county, or other local unit of government shall not adopt or

27  enforce licensing ordinances or regulations for persons regulated

 1  under this act.

 2        Sec. 4103. (1) An applicant shall submit an application for

 3  a food establishment license at least 30 calendar days before the

 4  date planned for its opening , or the change of ownership. , or

 5  the expiration of the current license. For temporary food

 6  establishments applying less than 4 days from opening, the

 7  director may charge twice the applicable license fee to perform

 8  the licensing evaluation.

 9        (2) Application for the license under subsection (1) shall

10  be submitted upon the forms furnished approved by the department

11  and shall contain the reasonable information required by the

12  department to process the application.

13        (3) An application for a mobile food establishment license

14  shall include all of the following information:

15        (a) The location and dates of the operation.

16        (b) The name and address of the commissary that will service

17  the applicant.

18        (4) Within 10 days after a change in the servicing

19  commissary, the mobile food establishment licensee shall submit

20  an affidavit containing the name and address of the new

21  commissary servicing the licensee.

22        (5) The director may issue a temporary food establishment

23  license.

24        Sec. 4105. (1) Except as otherwise provided for in

25  subsection (2), a person, establishment, or organization that is

26  1 or more of the following is exempt from the licensure

27  requirements under this act:

 1        (a) Subject to subsection (2), an establishment licensed

 2  under 1 of the following acts while conducting activities within

 3  the scope of that act:

4  Public Act No. Year Compiled Law Sections

5  184          1913         445.331 to 445.341

6  222          1913         288.101 to 288.117

7       141               1939         285.61 to 285.82a 285.88

8       228               1959         286.371 to 286.379

9       158               1964         290.451 to 290.466

10 233          1965         288.21 to 288.29a

11 298          1968         288.321 to 288.334

12      266               2001         288.471 to 288.540

13      267               2001         288.561 to 288.740

14        (b) A produce stand person that offers is offering only

15  whole uncut fresh fruits and vegetables directly to consumers.

16        (c) Consumers or nonprofit cooperatives of consumers in

17  compliance with the nonprofit corporation act, 1982 PA 162, MCL

18  450.2101 to 450.3192, providing products from regulated sources

19  only for their own use.

20        (d) Nonprofit cooperatives in compliance with the nonprofit

21  corporation act, 1982 PA 162, MCL 450.2101 to 450.3192, who are

22  growers or producers selling unprocessed products of their own

23  production or are producers selling unprocessed products of their

24  own production from regulated sources.

25        (e) Retail outlets for the sale of prepackaged honey or

26  maple syrup produced in Michigan if the outlet is operated by the

27  producer and the processing facility is licensed under this act.

 1        (f) A temporary food establishment with no food preparation

 2  using only single-service articles and serving only non-

 3  potentially-hazardous food or beverage.

 4        (g) A retail food establishment that does both of the

 5  following:

 6        (i) Only sells prepackaged, non-potentially-hazardous foods.

 7        (ii) Offers only an incidental amount of food, such as the

 8  sale of single-service packages.

 9        (h) A mobile food establishment, such as an ice cream truck,

10  that offers only prepackaged, single-serving frozen desserts.

11        (i) An event not open to the general public held by a

12  nonprofit trade association representing food establishments,

13  suppliers, or manufacturers where limited food preparation takes

14  place for the purpose of advertising, displaying, promoting, and

15  sampling prepared food.

16  (j) (h) A commercial fishing guide service that serves lunch

17  to a party of not more than 12 clients on or adjacent to a body

18  of water, river, or stream while pursuing, capturing, catching,

19  killing, taking, or attempting to take fish. As used in this

20  subparagraph, "commercial fishing guide service" means a service

21  provided for a fee or other valuable consideration, regardless of

22  whether the fee or other valuable consideration is paid directly

23  or indirectly, to assist another person in pursuing, capturing,

24  catching, killing, taking, or attempting to take fish.

25  (k) (i) A person owning or operating a device that dispenses

26  only bottled or canned soft drinks; other packaged nonperishable

27  foods or beverages; or bulk gum, nuts, and panned candies.

 1        (l) Feeding operations set up in response to an emergency or

 2  disaster.

 3        (2) Notwithstanding subsection (1)(a), a person operating as

 4  or conducting activities the director considers to be a food

 5  establishment must be licensed in the appropriate category under

 6  this act.

 7        (3) If food is prepared in a food service establishment

 8  licensed under this chapter and the food is transported from the

 9  food service establishment to a fixed temporary serving location,

10  the serving location is not required to be separately licensed

11  and is considered an extension of the food service establishment

12  if no food preparation is conducted at the serving location and

13  the food is transported and served by employees of the food

14  service establishment.

15        Sec. 4107. To qualify for a food establishment license, an

16  applicant shall do all of the following:

17        (a) Submit an application on a form provided by the

18  department as required by section 4103.

19        (b) Be an owner of the food establishment or an officer of

20  the legal entity owning the food establishment.

21        (c) Comply with the requirements of this act and rules

22  promulgated under this act.

23        (d) Allow the director access to the proposed food

24  establishment in order to determine compliance with the

25  applicable requirements of this act and rules.

26        (e) Pay the applicable license fees at the time the

27  application is submitted.

 1        Sec. 4111. (1) The department shall impose the following

 2  license fees for each year or portion of a year:

 3        (a) Retail food establishment: $67.00.

 4        (b) Extended retail food establishment: $172.00.

 5        (c) Wholesale food processor: $172.00.

 6        (d) Limited wholesale food processor: $67.00.

 7        (e) Mobile food establishment: $172.00.

 8        (f) Temporary food establishment: $25.00.

 9        (g) Special transitory food unit: $117.00 $135.00.

10        (h) Mobile food establishment commissary: $172.00.

11        (i) Food warehouse: $67.00.

12        (j) Food service establishment: the amounts described in

13  subsection (2).

14        (2) If a local health department no longer conducts a food

15  service sanitation program, the department, in consultation with

16  the commission of agriculture, shall set the food sanitation fees

17  to be imposed for the department's services performed under

18  subsection (1)(j). The fees imposed shall equal, as nearly as

19  possible, 1/2 of the department's cost of providing the service.

20  The conduct of the services resulting from a cessation of a food

21  service sanitation program is considered an imminent or

22  substantial hazard that allows the department to impose the

23  service fees for up to 12 months after the date of cessation by

24  the local health department. After the 12-month period, the

25  department shall collect the fees only in the amount provided by

26  amendment of this act or as authorized pursuant to appropriation.

27        (3) Any license fee paid on an initial application is

 1  nonrefundable.

 2        (4) The department may charge a convenience fee and collect

 3  from the applicant any additional costs associated with the

 4  method of fee payment for the license or permit fees described in

 5  this chapter, not to exceed the costs to the department.

 6        Sec. 4113. (1) The department shall impose, for a renewal

 7  application postmarked or delivered in person beginning May 1 of

 8  each year, a late fee of an additional $10.00 for each business

 9  day the application is late. The late fee for a new application

10  submitted after the establishment has opened for business is an

11  additional $10.00 for each business day the application is late.

12  The total late fee shall not exceed $100.00.

13        (2) The department shall not issue or renew a license until

14  the fee and any late fee, reinspection fees, and fines have been

15  paid. A hearing is not required regarding the department's

16  refusal to issue or renew a license under this section except as

17  allowed under the administrative procedures act of 1969, 1969 PA

18  306, MCL 24.201 to 24.328.

19        (3) The department may waive the late fee for producers of

20  maple syrup, honey, and other seasonal agricultural products if

21  the license application is submitted not less than 30 days before

22  the applicant engages in processing, packing, freezing, storing,

23  selling, or offering for sale the food or drink described in this

24  subsection.

25        (4) The late fee shall be retained by any certified health

26  department or, in an area where there is no certified health

27  department, by the department.

 1        (5) The department shall use the late fee for the

 2  administration and enforcement of this act.

 3        Sec. 4116. (1) Beginning the effective date of the

 4  amendatory act that added this subsection and notwithstanding any

 5  other provision of this act, the department shall issue an

 6  initial license not later than 90 days after the applicant files

 7  a completed application and shall issue a renewal license not

 8  later than 120 days after the applicant files a completed

 9  application. Receipt of the application is considered the date

10  the application is received by any agency or department of the

11  state of Michigan. If the application is considered incomplete by

12  the department, the department shall notify the applicant in

13  writing, or make the information electronically available, within

14  30 days after receipt of the incomplete application, describing

15  the deficiency and requesting the additional information. The

16  period regarding license issuance and renewal is tolled upon

17  notification by the department of a deficiency until the date the

18  requested information is received by the department. The

19  determination of the completeness of an application does not

20  operate as an approval of the application for the license and

21  does not confer eligibility upon an applicant determined

22  otherwise ineligible for issuance of a license.

23        (2) If the department fails to issue or deny a license

24  within the time required by this section to an establishment that

25  is otherwise ready to operate and is prevented from operating,

26  the department shall return the license fee and shall reduce the

27  license fee for the applicant's next renewal application, if any,

 1  by 15%. The failure to issue a license within the time required

 2  under this section does not allow the department to otherwise

 3  delay the processing of the application, and that application,

 4  upon completion, shall be placed in sequence with other completed

 5  applications received at that same time. The department shall not

 6  discriminate against an applicant in the processing of the

 7  application based upon the fact that the license fee was refunded

 8  or discounted under this subsection.

 9        (3) Beginning October 1, 2005, the director of the

10  department shall submit a report by December 1 of each year to

11  the standing committees and appropriations subcommittees of the

12  senate and house of representatives concerned with agricultural

13  and food issues. The director shall include all of the following

14  information in the report concerning the preceding fiscal year:

15        (a) The number of initial and renewal applications the

16  department received and completed within the appropriate time

17  period described in subsection (1).

18        (b) The number of applications denied.

19        (c) The number of applicants not issued a license within the

20  appropriate time period and the amount of money returned to

21  licensees and registrants under subsection (2).

22        (4) As used in this section, "completed application" means

23  an application complete on its face and submitted with any

24  applicable licensing fees as well as any other information,

25  records, approval, security, or similar item required by law or

26  rule from a local unit of government, a federal agency, or a

27  private entity but not from another department or agency of the

 1  state of Michigan. In the case of an initial application,

 2  completed application includes the completion of construction or

 3  renovation of any facility and the passing of a satisfactory

 4  inspection evaluation.

 5        Sec. 4117. (1) Except as provided in subsections (2) and

 6  (3), money collected under this chapter by the department shall

 7  be credited to the general fund of the state dairy and food

 8  safety fund that is created as a restricted fund within the state

 9  treasury. The state treasurer may receive money or other assets,

10  from appropriations or from any other source, for deposit into

11  the fund. The state treasurer shall direct the investment of the

12  fund. The money in the fund shall not lapse to the general fund

13  at the end of the fiscal year and shall carry over to the

14  following fiscal years. The state treasurer shall credit to the

15  fund interest and earnings from fund investments. The department

16  shall administer the fund and shall expend money from the fund

17  for the purpose of administering this act and enforcing the

18  provisions of this act, the grade A milk law of 2001, 2001 PA

19  266, MCL 288.471 to 288.540, and the manufacturing milk law of

20  2001, 2001 PA 267, MCL 288.561 to 288.740.

21        (2) A consumer food safety education fund is created as a

22  revolving fund in the department of treasury. The consumer food

23  safety education fund shall be administered by the department and

24  funded by adding $3.00 to the fee for each food establishment

25  license in all categories except vending machines and in cases of

26  fee-exempt food establishments. The money in the fund shall be

27  used to provide statewide training and education to consumers on

 1  food safety. An advisory committee consisting of at least 9

 2  people representing consumers, industry, government, and academia

 3  shall advise the department on the use of the funds. Money

 4  remaining in the fund at the end of the fiscal year shall be

 5  carried forward into the next fiscal year.

 6        (3) An industry food-safety education fund is created as a

 7  revolving fund in the department of treasury. The industry food-

 8  safety education fund shall be administered by the department and

 9  funded by adding $2.00 to the fee for each food service

10  establishment license in all categories except vending machines

11  and in cases of fee-exempt food establishments. The money in the

12  fund shall be used to provide food safety training and education

13  to food service establishment employees and agents of the

14  director who enforce this act. The advisory committee created in

15  subsection (2) shall advise the department on the use of the

16  funds. Money remaining in the fund at the end of the fiscal year

17  shall be carried forward into the next fiscal year.

18        (4) As used in this section, "fee-exempt food establishment"

19  means a food establishment exempt from all state and local food

20  establishment license fees under either of the following

21  circumstances:

22        (a) The education institution exemption under section

23  3119(4).

24        (b) A nonprofit organization that has an exemption under

25  section 3119(5) 3119(4) combined with an exemption from the local

26  health department sanitation service fee under section 2444 of

27  the public health code, MCL 333.2444.

 1        Sec. 4125. (1) Before a food establishment license is

 2  issued, the director shall determine if the applicant meets the

 3  minimum requirements of this act and rules promulgated under this

 4  act.

 5        (2) After an opportunity for a hearing pursuant to the

 6  administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 7  24.328, the director may revoke or suspend a food establishment

 8  license or a registration for bottled water issued under this act

 9  for failure to comply with requirements of this act or a rule

10  promulgated under this act. A person whose registration for

11  bottled water is revoked or suspended shall discontinue the sale

12  and offering for sale of the bottled water until he or she

13  complies with this act and the director issues a new registration

14  or removes the suspension.

15        (3) For a person whose food establishment license has been

16  revoked for egregious violations under section 5101(a), (b), (c),

17  and (k), the director may refuse to issue or reissue a license to

18  any establishment in which that person has ownership or

19  management interest for a period of 2 years.

20  (4) (3) Based upon facts submitted by a person familiar with

21  those facts or upon information and belief alleging that an

22  imminent threat to the public health, safety, or welfare exists,

23  the director may summarily suspend a license or registration

24  issued under this act. A person whose license or registration has

25  been summarily suspended under this section may petition the

26  director to dissolve the order. Upon receipt of such a petition,

27  the director shall immediately schedule a hearing to decide

 1  whether to grant or deny the petition to dissolve. The presiding

 2  officer shall grant the requested relief dissolving the summary

 3  suspension order unless sufficient evidence is presented that an

 4  imminent threat to the public health, safety, or welfare exists

 5  requiring emergency action and continuation of the director's

 6  summary suspension order.

 7        Sec. 5101. (1) A person shall not do or cause to be done any

 8  of the following:

 9        (a) Manufacture, sell, deliver, hold, or offer for sale

10  adulterated or misbranded food.

11        (b) Adulterate or misbrand food.

12        (c) Receive in commerce food that is adulterated or

13  misbranded and deliver or proffer the delivery of that food for

14  pay or otherwise.

15        (d) Sell, deliver for sale, hold for sale, or offer for sale

16  food unless that person holds a license issued under chapter IV.

17        (e) Disseminate a false advertisement.

18        (f) Refuse to permit entry or inspection evaluation, or to

19  permit the taking of a sample, as authorized by section 2111.

20        (g) Give a false guaranty or undertaking, except by a person

21  who relied on a guaranty or undertaking to the same effect signed

22  by and containing the name and address of the person from whom he

23  or she received the food in good faith.

24        (h) Remove or dispose of seized or embargoed food in

25  violation of section 2105.

26        (i) Alter, mutilate, destroy, obliterate, or remove all or

27  part of the label or do any other act with respect to a food

 1  while the food is held for sale resulting in the food being

 2  adulterated or misbranded.

 3        (j) Forge, counterfeit, simulate, or falsely represent, or

 4  without proper authority use any mark, stamp, tag, label, or

 5  other identification device authorized or required by this act or

 6  rules promulgated under this act.

 7        (k) Permit filthy or insanitary conditions to exist in a

 8  food establishment in which food intended for human consumption

 9  is manufactured, received, kept, stored, served, sold, or offered

10  for sale.

11        (l) Falsely identify a country, state, or other place of

12  origin of food on a label, tag, or other document with intent to

13  deceive or defraud.

14        (m) Fail to establish or maintain any record or make any

15  report required under this act or the federal act, or refuse to

16  permit access to or verification or copying of any such required

17  record.

18        (n) Interfere with the director in the conduct of his or her

19  responsibilities under this act.

20        (o) Make a false statement, representation, or certification

21  in any application, report, plan, or other document that is

22  required to be maintained under this act or rules promulgated

23  under this act.

24        (p) Remove a tag, seal, or mark placed by the director.

25        (q) Operate without a license, registration, permit, or

26  endorsement.

27        (r) Violate a provision of this act or a rule promulgated

 1  under this act.

 2        (2) Each day a violation of this section occurs is a

 3  separate violation of this section.

 4        Sec. 5105. (1) Upon finding that a person violated a

 5  provision of this act or rule promulgated under this act, the

 6  department may impose an administrative fine of not more than

 7  $500.00 for the first offense and not more than $1,000.00 for a

 8  second or subsequent offense and the actual costs of the

 9  investigation of the violation. Each day of any continuing

10  violation is not considered a separate violation of this act or

11  rule promulgated under this act. Under no circumstances shall the

12  department impose upon any licensee or registrant administrative

13  fines in the aggregate amount of more than $4,000.00 per location

14  for a firm with annual gross receipts of $500,000.00 or less and

15  $8,000.00 per location for a firm with annual gross receipts of

16  over $500,000.00 during any 12-month period.

17        (2) Any administrative fines and costs collected under this

18  section shall be paid to the state treasury and credited to the

19  general deposited into the dairy and food safety fund.

20        (3) This section does not require the department to issue an

21  administrative fine for minor violations of this act whenever the

22  department believes that the public interest will be adequately

23  served under the circumstances by a suitable written notice or

24  warning.

25        (4) The conditions warranting administrative fines to

26  achieve compliance with the provisions of the food code are

27  limited to critical or repeated violations that remain

 1  uncorrected beyond the time frame for correction approved,

 2  directed, or ordered by the director under food code section 8-

 3  405.11(A) and (B) and section 8-406.11(A) and (B). The department

 4  shall not impose an administrative fine for a noncritical

 5  violation of the food code unless at least 30 calendar days have

 6  been allowed for correction after the inspection evaluation.

 7        Sec. 5107. (1) Except as otherwise provided under this act,

 8  a person who violates any provision of this act or rules

 9  promulgated under this act is guilty of a misdemeanor and shall

10  be punished by a fine of not less than $250.00 or more than

11  $2,500.00 or by imprisonment for not more than 90 days, or both.

12        (2) Notwithstanding the other provisions of this act, a

13  person who knowingly violates section 5101(1)(b) or (l) is guilty

14  of a felony punishable by imprisonment for not more than 4 years

15  or by a fine of not more than $10,000.00 plus twice the amount of

16  any economic benefit associated with the violation, or both.

17        (3) If a violation results in a conviction under this act,

18  the court shall assess against the defendant the costs of the

19  department's investigation. The assessment for costs of

20  investigation shall be paid to the state treasury and credited to

21  the department deposited into the dairy and food safety fund for

22  the enforcement of this act.

23        Sec. 6101. (1) Chapters 1 through 8 of the food code are

24  incorporated by reference except as amended and modified as

25  follows:

26        (a) Section 3-401.11(B) is modified so that the oven

27  temperature for high humidity oven temperature reads "54°C

 1  (130°F) or higher".

 2  (a) (b) Where provisions of this act and rules promulgated

 3  under this act specify different requirements.

 4  (b) (c) Section 3-201.11(D) 3-501.16(A)(2) is modified so

 5  that "subparagraph 3-401.11(C)(1)" reads "subparagraph 3-

 6  401.11(D)(1)" 3-501.16(A)(2)(b)" is stricken.

 7        (d) Section 6-101.11 is modified to add after subparagraph

 8  (A)(3): "(B) In a temporary food establishment:".

 9        (2) The director, by promulgation of a rule, may adopt any

10  changes or updates to the food code.

11        (3) The annexes of the food code are considered persuasive

12  authority for interpretation of the food code.

13        Sec. 6115. (1) After completion of the construction,

14  alteration, conversion, or remodeling and before the opening of a

15  food service establishment, the license applicant or license

16  holder shall notify the director of the completion, shall submit

17  an application for a license to operate the food service

18  establishment, and shall arrange for a preopening inspection

19  evaluation.

20        (2) During the preopening inspection evaluation, the

21  director shall determine whether the food establishment was

22  constructed, altered, converted, or remodeled in accordance with

23  the approved plans and specifications.

24        (3) Local health departments may specify when requests for

25  preopening inspections are to be submitted.

26        Sec. 6129. (1) The director shall consider the risk-based

27  evaluation methodology as descried in food code annex 5, section

 1  4 A-H for conducting evaluations of food establishments.

 2        (2) (1) The completed inspection evaluation report shall

 3  specify a period of time for correction of noted violations. The

 4  license holder shall correct the violations within the time

 5  specified in the report.

 6  (3) (2) All violations which are marked as critical on the

 7  inspection report form shall be corrected immediately unless

 8  otherwise specified. The director shall conduct a follow-up

 9  inspection to confirm corrections within 30 days after the report

10  is issued.

11        Sec. 6137. (1) To qualify for a special transitory food unit

12  license, an applicant shall allow a review and receive approval

13  of plans and specifications as specified in chapter VI. This

14  review and approval must include the menu and standard operating

15  procedures for the unit.

16        (2) A special transitory food unit license holder shall do

17  all of the following:

18        (a) Keep a copy of the approved standard operating

19  procedures in the unit and available for review upon inspection

20  evaluation by the director.

21        (b) Operate in compliance with standard operation procedures

22  approved by the director.

23        (c) Before serving food within the jurisdiction of a local

24  health department, notify the local health department in writing

25  of each location in the jurisdiction at which food will be served

26  and the dates and hours of service. The license holder shall mail

27  the notice by first-class mail or deliver the notice not less

 1  than 4 business days before any food is served or prepared for

 2  serving within the jurisdiction of the local health department.

 3        (d) While in operation, request and receive 2 inspections

 4  evaluations per licensing year spaced generally over the span of

 5  the operating season. A local health department and the

 6  department shall charge a fee of $90.00 for such an inspection

 7  evaluation.

 8        (e) Send a copy of all inspections evaluation reports to the

 9  regulatory authority that approved the license within 30 days

10  after receipt.

11        (3) If a license holder fails to comply with any of the

12  requirements of this section or the food code, the food

13  establishment is ineligible for licensure as a special transitory

14  temporary food establishment for the following licensing year and

15  must apply for temporary or other type of food establishment

16  licenses.

17        Sec. 6140. (1) Only pasteurized ingredients from a

18  department-approved source shall be used for milk and milk

19  products manufactured, sold, served, or prepared at a retail food

20  establishment. Such ingredients include, but are not limited to,

21  milk, milk solids, whey, nonfat dry milk, condensed milk, cream,

22  skim milk, eggs, and egg products.

23        (2) Ingredients that may be subsequently added to milk or

24  milk products are those flavorings or other ingredients that have

25  been found to be safe and suitable and added in a manner to

26  prevent contamination, including, but not limited to, the

27  following:

 1        (a) Ingredients permitted by a standard of identity for milk

 2  or milk products under the federal act or regulations.

 3        (b) Fresh fruits and vegetables added to cultured milk and

 4  cultured milk products provided the resultant equilibrium pH

 5  level (4.6 or below when measured at 24 degrees Celsius (75

 6  degrees Fahrenheit)) of the finished product is reached without

 7  undue delay and is maintained during the shelf life of the

 8  product.

 9        (c) Ingredients subjected to prior heating sufficient to

10  destroy pathogenic microorganisms such as roasted nuts or dried

11  fruits.

12        (d) Ingredients having a water activity (A_w) value of 0.85

13  or less.

14        (e) Ingredients having a high acid content (pH level of 4.6

15  or below when measured at 24 degrees Celsius (75 degrees

16  Fahrenheit)) or high alkalinity (pH level greater than 11 when

17  measured at 24 degrees Celsius (75 degrees Fahrenheit)).

18        (f) Dry sugars and salts.

19        (g) Flavor extracts having a high alcohol content.

20        (h) Safe and suitable bacterial cultures and enzymes.

21        (i) Other ingredients that have been found to be safe and

22  suitable by the U.S. food and drug administration.

23        (3) Retail food establishments that manufacture and

24  wholesale milk and milk products must additionally be licensed

25  pursuant to and meet requirements of the manufacturing milk law,

26  2001 PA 267, MCL 288.561 to 288.740, or the grade A milk law,

27  2001 PA 266, MCL 288.471 to 288.540.

 1        Sec. 6147. If a food service establishment is affected by

 2  fire, flooding, accidents, explosions, or other disaster that may

 3  create an imminent or substantial hazard and unless otherwise

 4  directed, all food service operations shall cease . The and the

 5  licensee shall immediately report to the director the disaster to

 6  the local health department and request an evaluation of the food

 7  service establishment to determine and the effect of the disaster

 8  on the operation of the establishment. The department may

 9  recognize emergency plans that, if being followed, serve as a

10  means to use temporary alternative procedures for continuity of

11  operation.

12        Sec. 6149. (1) As used in this section:

13        (a) "Disclosure" means a written identification as to which

14  items are, or can be, ordered raw or undercooked in their

15  entirety, or items that contain an ingredient that is raw or

16  undercooked.

17  (a) (b) "Publicly available" means accessible to consumers,

18  without their having to request it, before their placing their

19  food orders or making their selections.

20        (c) "Reminder" means a written notice concerning the

21  significant health risk of consuming raw or undercooked animal

22  foods.

23  (b) (d) "Selection information" means whatever consumers

24  read to make their order selections, such as menu, table tent,

25  placard, chalkboard, or other written means.

26        (2) To satisfy section 3-603.11 of the food code, the food

27  establishment must meet the prescriptions of this section may

 1  provide the following statement on selection information so that

 2  it is publicly available: "Ask your server about menu items that

 3  are cooked to order or served raw. Consuming raw or undercooked

 4  meats, poultry, seafood, shellfish, or eggs may increase your

 5  risk of foodborne illness.".

 6        (3) The food establishment shall make a disclosure in the

 7  selection information that an item contains raw or undercooked

 8  food of animal origin by either or both of the following methods:

 9        (a) Items are described to include the disclosure, such as

10  "oysters on the half shell (raw oysters)", "raw-egg caesar

11  salad", "eggs (may be requested undercooked)", and "hamburgers

12  (can be cooked to order)". The disclosure is not limited to those

13  items and descriptions in this subdivision but includes items and

14  descriptions of a similar nature.

15        (b) Items are asterisked with a footnote that states the

16  items are served raw or undercooked, contain, or may contain raw

17  or undercooked ingredients.

18        (4) A reminder of the significantly increased risk

19  associated with eating foods subject to the disclosure in raw or

20  undercooked form is satisfied by 1 of the following methods:

21        (a) Items requiring disclosure are asterisked on the

22  selection information to a footnote that states 1 of the

23  following disclosures:

24        (i) "Regarding the safety of these items, written information

25  is available on request.".

26        (ii) "Consuming raw or undercooked meats, poultry, seafood,

27  shellfish, or eggs may increase your risk of foodborne illness.".

 1        (iii) "Consuming raw or undercooked meats, poultry, seafood,

 2  shellfish, or eggs may increase your risk of foodborne illness,

 3  especially if you have certain medical conditions.".

 4        (b) Either of the reminders listed under subdivision (a)(ii)

 5  or (iii) is used and appears at least once in the selection

 6  information on the first interior page or the page where the

 7  first item requiring disclosure appears. When the option

 8  described in this subdivision is used, the word "NOTICE" shall

 9  appear before the reminder statement.

10        (c) A publicly available placard supplies the reminder of

11  the significantly increased risk and meets the following

12  requirements:

13        (i) It is titled "NOTICE" and contains 1 of the reminders

14  listed in subdivision (a)(ii) or (iii).

15        (ii) It is posted near the customer entrances of the

16  establishment and is clearly visible to the customers.

17        (iii) All letters in the title are capitalized in bold, arial

18  font not less than 44-point font size and, if menu items are on

19  the placard, then all letters are equally readable as the menu

20  items on the placard.

21        (iv) All letters in the reminder are arial font not less than

22  36-point font size.

23        (v) The reminder is placed at approximately eye level and is

24  easily readable from the point at which consumers would normally

25  stand to read it.

26        (vi) The reminder maintains visibility in layout, format, and

27  graphics in contrast to other posted materials.

 1        (d) The United States food and drug administration model

 2  consumer advisory brochure or equivalent as determined by the

 3  director is publicly available.

 4  (3) (5) A reminder statement used under subsection (2) may

 5  be tailored to be product specific if a food establishment either

 6  has a limited menu or offers only specific animal-derived foods

 7  in raw or undercooked, ready-to-eat form.

 8  (4) (6) The language for the menu items shall match the

 9  language used for the disclosure and the reminder. The disclosure

10  and reminder may also be in additional languages.

11  (5) (7) The text for disclosures and reminders shall meet

12  the following requirements:

13        (a) The text size for statements on handheld menus or table

14  tents shall be visually equivalent to at least 11-point font size

15  or may be visually equivalent to the font size of menu item

16  descriptions.

17        (b) Text color provides a clear contrast to background.

18  (6) (8) Table tents, placards, or chalkboards that are used

19  exclusively to list food items that are offered as daily, weekly,

20  or temporary specials are exempt from the requirements of this

21  section when those food items also appear in the primary

22  selection information that contains the disclosures and reminders

23  meeting the requirements of this section.

24        Sec. 7105. All processors of seafood shall comply with

25  regulations of the U.S. food and drug administration in 21 CFR

26  part 123. The requirement that a processor of smoked fish obtain

27  a variance under comply with the smoked fish rules is waived if

 1  the processor demonstrates compliance with 21 C.F.R. part 123,

 2  the "seafood HACCP plan" the federal regulation described in this

 3  section.

 4        Sec. 7106. (1) All processors of juice shall comply with the

 5  regulations of the U.S. food and drug administration in 21 CFR

 6  part 120.

 7        (2) An establishment that presses apple cider shall have at

 8  least 1 active employee currently certified under a program

 9  described in section 2129 or having completed a current course

10  recognized by the department as pertinent to safe cider

11  production.

12        Sec. 7113. As used in this chapter:

13        (a) "Added fat" means the addition of fat tissue originating

14  from portions consisting of less than 12% muscle tissue in each

15  portion.

16        (b) "Added water" or ice" means greater moisture content

17  than normally found in meat as determined by total moisture minus

18  4 times the percentage of protein. Added water may be in the form

19  of water or ice.

20        (c) "Artificial coloring" means coloring containing any dye

21  or pigment which was manufactured by a process of synthesis or

22  other similar artifice or by extraction of a natural dye or

23  pigment from a plant or other material from which the dye or

24  pigment was formed.

25        (d) "Artificial flavoring" means any flavoring containing

26  any sapid or aromatic constituent manufactured by synthesis or

27  similar process.

 1        (e) "Binders" means food and nonfood substances used as an

 2  ingredient in comminuted meats for binding, stabilizing,

 3  thickening, or maintaining viscosity of the product.

 4        (f) "By-products or variety meats" means hearts, livers,

 5  brains, tongues, tripe, stomach, lungs, melts, eyes, weasand

 6  meats, head meat, cheek meat, salivary glands, udder, lips, ears,

 7  snouts, skin, feet, spleens, slaughterhouse by-products, spinal

 8  cords, cracklings or crackling meal, packinghouse by-products,

 9  processing plant by-products, partially defatted fatty tissues,

10  and partially defatted chopped meat.

11        (g) "Comminuted" means chopped, diced, flaked, ground, or

12  otherwise reduced to minute particles.

13        (h) "Extenders" means food substances used as an ingredient

14  in comminuted meats primarily for replacement of meat

15  ingredients.

16        (i) "Fat" means the quantity of adipose tissue determined by

17  chemical analysis.

18        (j) "Fresh meat" means meat that has undergone no cooking,

19  heating, or other processing except boning, cutting, comminuting,

20  or freezing.

21        (k) "Lamb" means meat derived from sheep less than 1 year of

22  age.

23        (l) "Meat" means the edible part of clean, sound striated

24  muscle of cattle, swine, sheep, deer, goat, turkey, duck, ratite,

25  or chicken slaughtered in compliance with all applicable laws,

26  with or without the accompanying and overlying fat, and sinew,

27  nerve, gland, and blood vessels which normally accompany the

 1  muscle tissues and which are not separated from it in the process

 2  of dressing. Meat does not include specified risk materials.

 3        (m) "Skeletal meat" means the meat that is attached to a

 4  part of the skeleton including head and cheek meat.

 5        (n) "Specified risk materials" means items associated with

 6  the nervous system of beef cattle that are prohibited from human

 7  food as defined in 9 CFR 310.22.

 8  (o) (n) "Veal" means meat derived from a calf not more than

 9  1 year of age.

10        Sec. 7115. Sausage consists only of skeletal meat either

11  fresh, cured, salted, pickled, or smoked. Poultry sausage may

12  contain accompanying skin in natural proportions. Sausage may

13  contain the following:

14        (a) Salt or spice, cure agents such as sodium or potassium

15  nitrate , or sodium or potassium nitrite, cure accelerators such

16  as sodium erythorbate or ascorbic acid, all that comply with

17  applicable regulations of the United States department of

18  agriculture food safety inspection service or any other curing

19  agents determined appropriate by the department or pursuant to

20  rules promulgated under this act. As used in this subdivision,

21  "curing agent" or "curing accelerator" means any substance added

22  to meat to cause or enhance preservation of the meat product.

23        (b) Added edible animal fat from the animals specified, eggs

24  or egg products, chives, tomatoes, parsley, peppers, onions,

25  garlic, celery, seasoning, or other natural flavoring, honey,

26  syrup, sugar, pure refined dextrose, or subsequent cooking or

27  smoking.

 1        (c) Not more than 3-1/2% by weight nonfat dry milk, dry

 2  whole milk, or calcium-reduced milk if it is declared in

 3  conjunction with the product name.

 4        (d) Fruits, vegetables, or nuts, or a combination thereof,

 5  if the name of the product is so qualified.

 6        (e) The total percentage of moisture in the finished product

 7  shall not exceed 4 times the percentage of protein, which shall

 8  not be Not less than 12% protein. The protein content requirement

 9  shall not apply to pork sausage, breakfast sausage, or roasted

10  sausage but the finished product shall contain not more than 50%

11  of fat. To Sausage shall contain no added water, except to

12  facilitate chopping or mixing. , For that purpose water or ice

13  may be used in uncooked sausage in an amount not to exceed 3% of

14  the total ingredients. Cooked sausage shall not exceed 40% fat

15  and added water.

16        (f) Fresh and fresh frozen sausage, smoked and unsmoked dry

17  sausage, may contain antioxidants such as butylated

18  hydroxyanisole, butylated hydroxytoluene or propyl gallate, or a

19  combination of these antioxidants, with or without citric acid,

20  in amounts not to exceed specifications established under 9

21  C.F.R. 318.7 and 9 C.F.R. part 319 that comply with applicable

22  regulations of the United States department of agriculture food

23  safety inspection service. When such antioxidants are added, the

24  label on the product shall declare the presence of antioxidants

25  in the manner required by the United States department of

26  agriculture meat food safety inspection service.

27        (g) Sausage shall not contain any extenders, artificial

 1  flavors, artificial color, binders, excess added water or ice,

 2  boric acid or borates, sulphites, sulfur dioxide, sulphurous

 3  acid, or any other harmful preservative, by-products, or variety

 4  meats. Extenders necessary to produce low-fat products may be

 5  permitted as described in rules promulgated under this act. No

 6  other parts of the animal or any other substance excepting as

 7  above specified shall be permitted in sausage.

 8        (h) Harmless lactic acid bacterial starters may be used in

 9  an amount not to exceed 1/2 of 1%. When used, the harmless

10  bacterial starter shall be included in the list of ingredients in

11  the order of its predominance.

12        (i) The following products are considered to be sausage,

13  whether processed or inserted in either natural or artificial

14  casings or other containers: wieners, bologna, ring bologna,

15  knackwurst, bratwurst, roasted sausage, breakfast sausage, pork

16  sausage, chicken sausage, turkey sausage, leona, beer salami,

17  cooked salami, Polish sausage, minced luncheon, kielbasa,

18  bockwurst, all varieties of dry or semi-dry sausage, and other

19  meat food products prepared in sausage form and excluding loaves,

20  liver products, headcheese, sulze, blood sausage, potato sausage,

21  kishka, tongue sausage, and New York or New England pressed

22  luncheon.

23        (j) "Fresh pork sausage", "Polish sausage", "fresh

24  kielbasa", and "fresh country-style sausage" are sausages

25  prepared from fresh pork meat.

26        (k) "Italian-style sausage" shall be uncured, unsmoked, and

27  contain at least 85% meat or meat and fat with no more than 35%

 1  fat. It Italian sausage may contain fennel, anise, red and green

 2  pepper, onion, and garlic. Italian sausage shall be prepared from

 3  fresh pork meat.

 4        (l) "Fresh beef sausage" is prepared with fresh beef meat and

 5  shall not contain more than 30% fat.

 6        (m) "Poultry-meat Poultry sausage or poultry-meat sausage"

 7  shall be made from fresh chicken and turkey poultry meat

 8  containing the natural proportions of light and dark meat unless

 9  otherwise designated. The name shall be identified by the species

10  contained if the product contains all its meat from 1 species. It

11  shall not contain more than 30% fat. Poultry-meat sausage shall

12  not contain skin.

13        (n) "Venison "Cervid sausage" shall be made from the meat of

14  deer cervidae from approved sources. The name shall be identified

15  by the species contained if the product contains all its meat

16  from 1 species, such as "venison sausage" or "elk sausage". A

17  person shall not offer for sale, sell, or expose for sale any

18  other product described as venison cervid sausage. Fat of another

19  species and approved source may be added to venison cervid

20  sausage.

21        (o) Sausage containing wild game and made on commercial

22  order shall be labeled "not for sale". Wild game from more than 1

23  owner shall not be mixed into sausage unless a licensed processor

24  butchered all the wild game. Processors shall reject any carcass

25  that shows evidence of spoilage or contamination. Wild game and

26  wild-game product and processing times shall be kept separate

27  from other meat and meat processing, including, but not limited

 1  to, storage in separate or structurally-partitioned coolers. Food

 2  contact surfaces shall be thoroughly washed and sanitized after

 3  the processing of wild game and before the resumption of any

 4  other processing.

 5        Sec. 7119. Other comminuted meat food products, including

 6  nonspecific loaves and liver products, headcheese, blood sausage,

 7  kishka, tongue sausage, chili con carne with beans, or any other

 8  meat food products that may be allowed, shall be produced in

 9  compliance with applicable regulations of the United States

10  department of agriculture meat food safety inspection service.

11        Sec. 7125. Ground lamb, chicken, turkey, and veal shall not

12  contain any added water or ice, artificial flavoring, by-products

13  or variety meats, binders, extenders, artificial color, vegetable

14  coloring, or chemical preservatives. No other parts of the animal

15  or any other substance shall be permitted except as follows:

16        (a) Ground lamb shall consist of comminuted fresh lamb meat,

17  with or without added lamb fat, and shall not contain more than

18  25% fat.

19        (b) Ground chicken poultry shall consist of comminuted fresh

20  chicken poultry meat, with or without accompanying skin in

21  natural proportions, with or without added chicken poultry fat,

22  and shall not contain more than 15% 20% fat. The name shall be

23  identified by the species contained in the product.

24        (c) Ground turkey poultry meat shall consist of comminuted

25  fresh turkey poultry meat, with or without added turkey poultry

26  fat, and shall not contain more than 15% fat. The name shall be

27  identified by the species contained in the product.

 1        (d) Ground veal shall consist of comminuted fresh veal meat,

 2  with or without added veal fat, and shall not contain more than

 3  20% fat.

 4        (e) Ground pork shall consist of comminuted fresh pork with

 5  or without the addition of pork fat as such and shall not contain

 6  more than 30% fat. Ground pork shall not contain extenders,

 7  binders, variety meats, by-products, added water or ice,

 8  artificial flavor or color, vegetable coloring, chemical

 9  preservative, boric acid or borates, sulphites, sulfur dioxide,

10  or sulphurous acid. No other parts of the animal or any other

11  substance is permitted in ground pork.

12        Sec. 7137. Food may not contain unapproved food additives or

13  additives that exceed amounts specified in 21 C.F.R. CFR parts

14  170 to 180 relating to food additives, generally recognized as

15  safe or prior sanctioned substances that exceed amounts specified

16  in 21 C.F.R. CFR parts 181 to 186, substances that exceed amounts

17  specified in 9 C.F.R. 318.7 established under applicable

18  regulations of the United States department of agriculture food

19  safety inspection service, or pesticide residues that exceed

20  provisions specified in 40 C.F.R. CFR part 185.

21        Sec. 8105. (1) A person shall not do any of the following:

22        (a) Make, publish, disseminate, circulate, or place before

23  the public any advertisement containing any assertion,

24  representation, or statement which is untrue, deceptive, or

25  misleading or falsely represents the kind, classification, grade,

26  or quality of meat.

27        (b) Use any term of quality without using or having for sale

 1  the quality of meat advertised or offered for sale.

 2        (c) Use the term "USDA" unless the official grade is also

 3  designated.

 4  (c) (d) Designate or use any brand name of a company unless

 5  the meat so advertised or displayed for sale is of a quality

 6  which the use or designation of the brand name of such company

 7  would reasonably indicate.

 8        (2) A person shall not advertise or display for sale any of

 9  the following:

10        (a) Any meat of the ovine species that is 2 years old or

11  over as "yearling" or "lamb". Such meat shall be clearly

12  designated "mutton".

13        (b) Any meat described by the use of the words "prime",

14  "choice", or "good" associated with grading terminology unless

15  such meat advertised for sale actually bears the "USDA" federal

16  stamp designating such grade or is of equal quality as the

17  federal grade would designate.

18        (c) Any ham unless the advertisement or display states

19  whether the ham is skinned or regular whole, bone-in, semi-

20  boneless, or boneless.

21        (d) Any ham portion described by the use of the words "one-

22  half" or "half ham" that has had a center slice removed.

23        (e) Any pork shoulder described as "ham".

24        (f) Any meat or meat product which has been branded or

25  marked as imitation by a manufacturer or processor unless the

26  advertisement or display clearly states that such meat or meat

27  product is an imitation.

 1        (3) A person shall not substitute in any sale any inferior

 2  or cheaper cut of meat without informing the purchaser that such

 3  substitution is being made.

 4        (4) A person shall not keep or display any canned meats or

 5  canned meat products at a temperature exceeding 6° centigrade

 6  (41° Fahrenheit) if the label of such meats or meat products

 7  specifies that they shall be kept under refrigeration.

 8        (5) Whenever it becomes necessary for the purposes of this

 9  act to procure a sample or samples of meat or meat products, the

10  person in charge of the place where inspection evaluation is made

11  must permit the sample or samples to be obtained upon being

12  tendered the advertised or offered price of the item being

13  procured.

14        Sec. 8107. (1) As used in this section:

15        (a) "Date" means the recommended last day of sale.

16        (b) "Perishable food" means any food in package form which

17  the manufacturer, packer, or retailer, in conjunction with the

18  department, determines as having a significant risk of spoilage,

19  loss of value, or loss of palatability within 90 days of the date

20  of packaging.

21        (c) "Prepackaged" means packaged prior to being displayed or

22  offered for sale.

23        (2) A retail food establishment shall not sell or offer for

24  sale a prepackaged perishable food unless there is clearly and

25  conspicuously stamped upon or attached to the package a date

26  identified by month and day except that bakery products with a

27  shelf life of 7 days or less may be dated with a day of the week

 1  or an abbreviation.

 2        (3) The date may be displayed with or without explanatory

 3  terms. If explanatory terms are used, such terms shall be limited

 4  to 1 of the following: "Sell by _____", "Sell before _____",

 5  "Last date of sale _____", "Recommended last date of sale _____",

 6  or "Recommended sale date _____". Other meaningful terms may be

 7  used if specifically approved by the department.

 8        (4) This Except for meat that has been removed from

 9  federally inspected retail packages, this section does not

10  prohibit the sale of food after the date if the product is

11  wholesome and sound and is clearly identified as having passed

12  the date.

13        (5) The retail or final seller is responsible for the proper

14  advertisement of perishable food sold after the date.

15        (6) A person who prepackages perishable food shall do all of

16  the following:

17        (a) Establish a meaningful date that takes into

18  consideration the food quality and characteristics of the food,

19  its packaging, and customary conditions encountered in commercial

20  channels.

21        (b) Allow a reasonable period after the date for consumption

22  of the food without physical spoilage.

23        (c) Keep a record of the method of determination of the

24  date.

25        (7) A retailer who purchases prepackaged perishable food

26  may, upon written agreement with the person prepackaging such

27  food, determine, identify, and be responsible for the date placed

 1  on, or attached to, each package of such food.

 2        (8) The date shall not be altered. A person shall not rewrap

 3  or repackage a perishable food, in its original form and texture,

 4  with a date on the package different from the original.

 5        (9) The date shall be calculated to allow a reasonable

 6  period for the subsequent consumption of the food, but shall not

 7  allow for a period which would result in a health nuisance as

 8  described in section 2107.

 9        (10) This section does not apply to fresh fruits and

10  vegetables, canned food, and frozen food , nor and does not apply

11  to milk and milk products dated in accordance with section 1 of

12  the fluid milk act of 1965, 1965 PA 233, MCL 288.21 the grade A

13  milk law of 2001, 2001 PA 266, MCL 288.471 to 288.540.

14        (11) The requirements of this section do not apply to any of

15  the following:

16        (a) An individually packaged food item that is a component

17  of a larger food item if the larger food item is identified with

18  a date the same as or earlier than the date of that component.

19        (b) Perishable foods packaged under, and in compliance with,

20  federal laws and regulations, if providing information equal to

21  or greater than the information required by this section.

22        (c) Smoked fish under the smoked fish rules.

23        Enacting section 1. Sections 1115, 1117, and 6151 of the

24  food law of 2000, 2000 PA 92, MCL 289.1115, 289.1117, and

25  289.6151, are repealed.