June 6, 2018, Introduced by Reps. Wittenberg, Hammoud, Zemke, Rabhi, Cochran, Pagan, Liberati, Gay-Dagnogo, Robinson, Greimel, LaGrand, Durhal, Neeley, Phelps, Santana, Lasinski, Moss and Jones and referred to the Committee on Agriculture.
A bill to require disclosure of the basis for representing
food to be halal or kosher and impose fines; to prohibit the sale
and distribution of food represented to be halal or kosher that
does not conform to the required disclosure; to prescribe penalties
and allow remedies; to require the promulgation of rules; and to
provide for the powers and duties of certain state governmental
officers and entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "halal
and kosher food consumer protection act".
Sec. 2. As used in this act:
(a) "Dealer" means an establishment that advertises,
represents, or holds itself out as selling, preparing, or
maintaining food as halal or kosher, including, but not limited to,
a manufacturer, slaughterhouse, wholesaler, store, restaurant,
hotel, catering facility, butcher shop, summer camp, bakery,
delicatessen, supermarket, grocery store, nursing home, freezer
dealer, or food plan company. Dealer includes an establishment that
sells, prepares, or maintains food not represented as halal or
kosher in addition to selling food represented as halal or kosher.
(b) "Department" means the department of agriculture and rural
development.
(c) "Director" means the director of the department or the
director's designee.
(d) "Food" means a food, food product, food ingredient,
dietary supplement, or beverage.
(e) "Halal" means prepared or processed in accordance with
Islamic religious requirements.
(f) "Kosher" means prepared or processed in accordance with
orthodox Hebrew religious requirements sanctioned by a recognized
orthodox rabbinical council.
Sec. 3. (1) A dealer who prepares, distributes, sells, or
exposes for sale food represented to be halal or kosher shall
disclose the basis upon which that representation is made by
posting a sign that describes the basis in a conspicuous place upon
the premises at which the food is sold or exposed for sale.
(2) A dealer shall not prepare, distribute, sell, or expose
for sale food represented to be halal or kosher that does not
conform to the basis upon which that representation is made as it
is posted under subsection (1).
Sec. 4. (1) A dealer who fails to display the posting
required under section 3(1) is subject to an administrative fine of
not more than $500.00 for the first offense and not more than
$1,000.00 for the second or subsequent offense.
(2) A dealer who violates section 3(2) is guilty of a
misdemeanor as follows:
(a) For food represented to be kosher, a misdemeanor under
section 297e(6)(d) of the Michigan penal code, 1931 PA 328, MCL
750.297e.
(b) For food represented to be halal, a misdemeanor under
section 297f(4)(d) of the Michigan penal code, 1931 PA 328, MCL
750.297f.
(3) A person aggrieved by a violation of section 3(2) may, in
addition to, and distinct from any other remedy at law or equity,
bring a private cause of action, in any competent court of
jurisdiction, for damages resulting from the violation, including,
but not limited to, economic, noneconomic, or consequential
damages.
(4) A dealer does not violate section 3(2) if it is shown by a
preponderance of the evidence that the dealer relied in good faith
upon the representations of a slaughterhouse, manufacturer,
processor, packer, or distributor of food represented to be halal
or kosher.
Sec. 5. The department shall promulgate rules for the
administration and enforcement of this act under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328,
including, but not limited to, the format, size, and placement of
the sign required under section 3 and the information that must be
included in the disclosure required by that section.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless
Senate Bill No.____ or House Bill No. 6120 (request no. 05040'17) of
the 99th Legislature is enacted into law.