HOUSE BILL NO. 4561

March 23, 2021, Introduced by Reps. Roth, Glenn, Fink, Wozniak, Marino, Wendzel, Berman and Meerman and referred to the Committee on Regulatory Reform.

A bill to amend 2000 PA 92, entitled

"Food law,"

by amending sections 2125, 3119, 4111, 4113, 4115, and 6137 (MCL 289.2125, 289.3119, 289.4111, 289.4113, 289.4115, and 289.6137), sections 2125 and 4113 as amended by 2015 PA 61, section 3119 as amended by 2018 PA 92, section 4111 as amended by 2016 PA 188, and section 6137 as amended by 2007 PA 114, and by adding section 4118.

the people of the state of michigan enact:


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


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for the following services:

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

(b) A free-sale letter, $60.00 per letter.

(c) An evaluation of a food establishment if the evaluation is a second reevaluation of a food establishment that has already been evaluated and found to have a priority item or priority foundation item violation or if the evaluation is performed at the request of the operator, $60.00.

(d) A shellfish dealer's certificate, $150.00 annually.

(e) A review and approval of training materials, $60.00 per hour.

(f) A special transitory food unit plan review, $197.00.

(g) A plan review as specified in section 8-201.11 of the food code, $197.00.

(2) Fees collected under this section shall must be deposited in the dairy and food safety fund created in section 4117 for the administration and enforcement of this act.

(3) The services referred to in subsection (1)(e) and (f) involve the formal review and approval procedure. The department may provide informal review or answer questions without charging a fee.

(4) The fees charged and paid under this section may be subject to a refund under section 4118.

Sec. 3119. (1) Until December 31, 2023, and except as otherwise provided for in subsection (2), upon on submission of an application, an applicant for a food service establishment license shall pay to the local health department having jurisdiction the required fees authorized by section 2444 of the public health code, MCL 333.2444, and an additional state license fee as follows:


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(a)

Temporary food service establishment

$

4.00.

(b)

Food service establishment

$

25.00.

(c)

Mobile food establishment commissary

$

25.00.

(d)

Special transitory food unit

$

39.00.

(2) When licensing a special transitory food unit, a local health department shall impose a fee of $150.00, which includes the additional state license fee imposed under subsection (1) unless exempted under subsection (4) or (5).

(3) The state license fee required under subsection (1) must be collected by the local health department at the time the license application is submitted. The state license fee is due and payable by the local health department to the state within 60 days after the fee is collected.

(4) A charitable, religious, fraternal, service, civic, or other nonprofit organization that has tax-exempt status under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, is exempt from paying additional state license fees imposed under this section. This subsection does not restrict the ability of the governing board of a local health department or authority to fix, revoke, or amend fees as further authorized and described under section 2444 of the public health code, MCL 333.2444. An organization seeking an exemption under this subsection shall furnish to the department or a local health department evidence of its tax-exempt status.

(5) A veteran who has a waiver of a license fee under the circumstances described in 1921 PA 359, MCL 35.441 to 35.443, is exempt from paying the fees prescribed in this section.

(6) The local health department shall forward the license applications to the department with appropriate recommendations.


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(7) The fees charged and paid under this section may be subject to a refund under section 4118.

Sec. 4111. (1) The department shall impose the following license fees for each year or portion of a year:

(a) Retail grocery: $106.00 for 2016, $145.00 for 2017, and $183.00 for any subsequent year.

(b) Extended retail food establishment: $271.00 for 2016, $370.00 for 2017, and $468.00 for any subsequent year.

(c) Food processor: $271.00 for 2016, $370.00 for 2017, and $468.00 for any subsequent year.

(d) Limited food processor: $106.00 for 2016, $145.00 for 2017, and $183.00 for any subsequent year.

(e) Mobile food establishment: $183.00 for 2016, $186.00 for 2017, and $189.00 for any subsequent year.

(f) Temporary food establishment: $40.00 for 2016, $55.00 for 2017, and $70.00 for any subsequent year.

(g) Special transitory food unit: $150.00 for 2016, $153.00 for 2017, and $156.00 for any subsequent year.

(h) Mobile food establishment commissary: $183.00 for 2016, $186.00 for 2017, and $189.00 for any subsequent year.

(i) Food warehouse or vending company base location: $106.00 for 2016, $145.00 for 2017, and $183.00 for any subsequent year. In addition, the The operator of the vending company base location shall pay an additional fee based on the number of vending machine locations in this state, as follows:

(i) 1 to 20 locations, $500.00.

(ii) 21 to 50 locations, $750.00.

(iii) 51 to 75 locations, $2,000.00.

(iv) More than 75 locations, $3,000.00.


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If a person operates more than 1 vending company base location in this state, all vending machine locations served by those vending company base locations shall must be aggregated on 1 of the vending company base location licenses for the purpose of determining the amount of the additional fee for vending machine locations.

(j) Food service establishment: the amounts described in subsection (2).

(2) If a local health department no longer conducts a food service program, the department, in consultation with the commission of agriculture and rural development, shall set the food sanitation fees to be imposed for the conduct of the food service program by the department. The fees imposed must equal, as nearly as possible, 1/2 of the department's cost of providing the service. The department may impose the service fees for up to 12 months after the date of cessation by the local health department. After the 12-month period, the department shall collect the fees only as authorized pursuant to an appropriation.

(3) Any Except as provided in section 4118, a license fee paid on an initial application is nonrefundable.

(4) The department may charge a convenience fee and collect from the applicant any additional costs associated with the method of fee payment for the license or permit fees described in this chapter, not to exceed the costs to the department.

(5) The fees charged and paid under this section may be subject to a refund under section 4118.

Sec. 4113. (1) The department shall impose, for a renewal application postmarked or delivered in person on or after May 1 of each year, a late fee of an additional $150.00. The late fee for a


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new application submitted after the establishment has opened for business is an additional $150.00.

(2) The department shall not issue or renew a license until the licensing fee and any late fee, reinspection fees, and fines have been paid. A hearing regarding the department's refusal to issue or renew a license under this section is not required except as provided under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(3) The department may waive the late fee for producers of maple syrup, honey, and other seasonal agricultural products if the license application is submitted not less than 30 days before the applicant engages in processing, packing, freezing, storing, or selling or offering for sale the product.

(4) A late fee shall must be retained by any a certified health department or, in an area where there is no certified health department, by the department.

(5) The department shall use a late fee retained by the department under subsection (4) for the administration and enforcement of this act.

(6) The fees charged and paid under this section may be subject to a refund under section 4118.

Sec. 4115. (1) A water bottler or water dispensing machine owner shall register with the department each brand of bottled water with a unique declaration of identity before the sale or offering for sale of the water. The application for registration shall must be made on a form prescribed by the department and shall include both of the following:

(a) The proposed label or placard for the water.

(b) For each year or portion of a year, a registration fee of


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$25.00 for each brand of water with a unique declaration of identity and $25.00 for each water dispensing machine.

(2) The registration required by subsection (1) expires annually on April 30 and shall must be renewed 30 calendar days before expiration of the current registration.

(3) The department shall assess a late fee of $25.00 for bottled water or water from a water dispensing machine that is sold or offered for sale without registration. A registration is not effective until the late fee is paid.

(4) The fees charged and paid under this section may be subject to a refund under section 4118.

Sec. 4118. (1) Subject to the limitation under subsection (3), the department shall refund a fee charged during the preceding licensing year under section 2125, 3119, 4111, 4113, 4115, or 6137, if both of the following conditions are met:

(a) During the preceding licensing year a food establishment, shellfish dealer, water bottler, or water dispensing machine owner was subject to a qualified order.

(b) As a result of the qualified order, the food establishment, shellfish dealer, water bottler, or water dispensing machine owner experienced a 25% or more reduction in revenue during any quarter of the preceding licensing year.

(2) The department shall prescribe the form and manner in which a refund may be claimed under this section.

(3) This section applies only to fees retained by the department. Any fee or portion of a fee charged or retained by or remitted to a local health department in accordance with this act is not eligible to be refunded under this section.

(4) As used in this section:


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(a) "Licensing year" means the annual duration of validity of a food establishment license under this chapter, a shellfish dealer certificate under section 4114, and a water bottler or water dispensing machine owner registration under section 4115.

(b) "Qualified order" means either of the following:

(i) An emergency order issued by the director of the department of health and human services under section 2253 of the public health code, MCL 333.2253.

(ii) A state of disaster or state of emergency declared under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421.

Sec. 6137. (1) To qualify for a special transitory food unit license, an applicant shall allow a review and receive approval of plans and specifications as specified in under this chapter. VI. This review and approval must include the menu and standard operating procedures for the unit.

(2) A special transitory food unit license holder shall do all of the following:

(a) Keep a copy of the approved standard operating procedures in the unit and available for review upon evaluation by the director.

(b) Operate in compliance with standard operation procedures approved by the director.

(c) Before serving food within the jurisdiction of a local health department, notify the local health department in writing of each location in the jurisdiction at which food will be served and the dates and hours of service. The license holder shall mail the notice by first-class mail or deliver the notice not less than 4 business days before any food is served or prepared for serving within the jurisdiction of the local health department.


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(d) While in operation, request and receive 2 evaluations per licensing year spaced generally over the span of the operating season. A The local health department and the department shall charge a fee of $90.00 for such an evaluation under this subdivision.

(e) Send a copy of all evaluation reports to the regulatory authority that approved the license within 30 days after receipt.

(3) If a license holder fails to comply with any of the requirements of this section or the food code, the food establishment is ineligible for licensure to be licensed as a special transitory temporary food establishment for the following licensing year and must apply for temporary or other type of food establishment licenses.

(4) The fees charged and paid under this section may be subject to a refund under section 4118.