January 15, 2015, Introduced by Rep. Farrington and referred to the Committee on Agriculture.
A bill to amend 2000 PA 92, entitled
"Food law,"
(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 and rural development; 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 retail food establishment, farmer, wholesaler,
wholesale processor, distributor, or other person who donates 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 subject to any criminal liability under
this act or any civil liability resulting from the nature, age,
condition, or packaging of the food unless the donor or nonprofit
organization or nonprofit corporation knew or reasonably should
have known when it donated or distributed the food that the food
was adulterated or not fit for human consumption.