HOUSE BILL No. 5612

 

December 1, 2009, Introduced by Reps. Bolger, Lori, Rogers, Scripps, Stanley, Pavlov, Liss and Genetski and referred to the Committee on Judiciary.

 

     A bill to amend 2000 PA 92, entitled

 

"Food law of 2000,"

 

(MCL 289.1101 to 289.8111) by amending the title and by adding

 

section 5104.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to codify the licensure and regulation of certain

 

persons engaged in processing, manufacturing, production, packing,

 

preparing, repacking, canning, preserving, freezing, fabricating,

 

storing, selling, serving, or offering for sale food or drink for

 

human consumption; to prescribe powers and duties of the department

 

of agriculture; to provide for delegation of certain powers and

 


duties to certain local units of government; to provide exemptions;

 

to regulate the labeling, manufacture, distribution, and sale of

 

food for protection of the consuming public and to prevent fraud

 

and deception by prohibiting the misbranding, adulteration,

 

manufacture, distribution, and sale of foods in violation of this

 

act; to provide standards for food products and food

 

establishments; to provide for immunity to certain persons under

 

certain circumstances; to provide for enforcement of the act; to

 

provide penalties and remedies for violation of the act; to provide

 

for fees; to provide for promulgation of rules; and to repeal acts

 

and parts of acts.

 

     Sec. 5104. A person including, but not limited to, a person

 

acting as a retail food establishment, farmer, wholesaler,

 

wholesale processor, or distributor, who donated food for use or

 

distribution by a nonprofit organization or nonprofit corporation,

 

and a nonprofit organization or nonprofit corporation that collects

 

donated food and distributes that food to another nonprofit

 

organization or nonprofit corporation free of charge or for a

 

nominal fee, is not liable for any civil damages or subject to

 

criminal liability resulting from the nature, age, condition, or

 

packaging of the food unless it is established that the donor or

 

nonprofit organization or nonprofit corporation knew or had

 

reasonable grounds to know, at the time of making the donation or

 

distribution, that the food was adulterated or not fit for human

 

consumption.