HOUSE BILL NO. 5402

A bill to amend 2000 PA 92, entitled

"Food law,"

by amending section 6101 (MCL 289.6101), as amended by 2012 PA 178.

the people of the state of michigan enact:

Sec. 6101. (1) Chapters 1 through 8 of the food code are incorporated by reference except as amended and modified as follows:

(a) Where provisions of this act and rules specify different requirements.

(b) Section 3-401.14 is modified to read as follows:

"3-401.14 Non-Continuous Cooking of Raw Animal Foods.

Raw animal foods that are cooked using a non-continuous cooking process shall must be:

(A) Subject to an initial heating process that is no longer than 60 minutes in duration;^P

(B) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) under paragraph 3-501.14(A);^P

(C) After cooling, held frozen or cold, as specified for potentially hazardous food (time/temperature control for safety food) under paragraph 3-501.16(A)(2);^P

(D) Prior to Before sale or service, cooked using a process that heats all parts of the food to a time/temperature specified in paragraph 3-401.11(A);^P

(E) Cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) under paragraph 3-501.14(A) if not either hot held as specified under paragraph 3-501.16(A), served immediately, or held using time as a public health control as specified under section 3-501.19 after complete cooking;^P and

(F) Stored as follows:

(1) After initial heating but prior to before cooking as specified under paragraph (D) of this section, separate from ready-to-eat foods as specified under paragraph 3-302.11;^Pf and

(2) After initial heating, but prior to before complete cooking, marked or otherwise identified as foods that must be cooked as specified under paragraph (D) of this section prior to before being offered for sale or service.^Pf The food may be identified in any effective manner provided that the marking system is disclosed to the regulatory authority upon on request.".

(c) Section 2-103.11(L) is modified to read as follows:

"Employees are properly trained in food safety as it relates to their assigned duties;^Pf and".

(d) Section 3-602.12 is modified by the addition of paragraph (C) that reads as follows:

"(C) The permit holder shall notify consumers by written notification of the presence of all major food allergens, as determined by the United States Food and Drug Administration, as an ingredient in unpackaged food items that are served or sold to the consumer. Both of the following apply to a written notification provided under this paragraph:

(1) Must list which major food allergens are contained in the food item.

(2) May be provided by physical or electronic means, including, but not limited to, brochures, deli case or menu notifications, statements, table tents, placards, or other effective written means.".

(2) The director, by rule, may adopt any changes or updates to the food code.

(3) The annexes of the food code are considered persuasive authority for interpretation of the food code.

Enacting section 1. This amendatory act takes effect 6 months after the date it is enacted into law.