HOUSE BILL No. 5624


     March 3, 1998, Introduced by Reps. LeTarte, Horton, Gire, Byl, LaForge, McNutt and Gustafson and referred to the Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   (MCL 333.1101 to 333.25211) by adding section 12918.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 12918.  (1) A FOOD SERVICE ESTABLISHMENT SHALL INCLUDE

 2    ON EACH MENU A NOTICE TO PATRONS THAT READS SUBSTANTIALLY AS

 3    FOLLOWS:

 4         "NOTICE TO PATRONS WITH FOOD ALLERGIES:  IF YOU HAVE A FOOD

 5    ALLERGY AND HAVE A CONCERN WITH THE INGREDIENTS OR COOKING

 6    METHODS USED TO MAKE ANY OF OUR MENU ITEMS, PLEASE ASK YOUR

 7    SERVER TO GET A MANAGER.  OUR MANAGER WILL ATTEMPT TO ANSWER ANY

 8    QUESTIONS YOU MIGHT HAVE REGARDING THOSE INGREDIENTS OR COOKING

 9    METHODS.".

10         (2) THE FOOD SERVICE ESTABLISHMENT SHALL PRINT OR AFFIX THE

11    NOTICE REQUIRED UNDER SUBSECTION (1) ON OR TO EACH MENU IN A TYPE


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 1    SIZE AND FORMAT THAT IS CONSPICUOUS AND EASILY READABLE IN

 2    CONTRAST TO THE SURROUNDING PRINTED MATERIAL ON THE MENU.

 3         (3) A FOOD SERVICE ESTABLISHMENT SHALL PROMINENTLY DISPLAY

 4    IN THE FOOD PREPARATION AREA OR AREAS OF THE FOOD SERVICE ESTAB-

 5    LISHMENT A POSTER THAT PROVIDES INFORMATION ON FOOD ALLERGIES AND

 6    PUBLIC FOOD SERVICE.  THE DEPARTMENT SHALL PRODUCE AND DISTRIBUTE

 7    THE POSTER REQUIRED UNDER THIS SUBSECTION, USING AS A MODEL THE

 8    POSTER DEVELOPED AND DISTRIBUTED BY THE FOOD ALLERGY NETWORK OR

 9    ITS SUCCESSOR ORGANIZATION.

10         (4) THE DEPARTMENT SHALL INCLUDE A CATEGORY OF "DUE TO FOOD

11    ALLERGY" IN THE ANNUAL STATISTICAL REPORT PRODUCED UNDER SECTIONS

12    2617(A) AND 2618 AND ENTITLED "UNDERLYING CAUSE OF DEATH BY SEX

13    AND RACE; MICHIGAN RESIDENTS".  THE CAUSE OF DEATH CATEGORY

14    REQUIRED BY THIS SUBSECTION IS INTENDED TO SUPPLEMENT, AND NOT TO

15    REPLACE, THE CATEGORY OF "DUE TO FOOD TAKEN INTERNALLY".

16         (5) A FOOD SERVICE ESTABLISHMENT THAT VIOLATES SUBSECTION

17    (1) IS SUBJECT TO LICENSURE SANCTION UNDER SECTION 12907, INJUNC-

18    TION UNDER SECTION 12921, AND CRIMINAL PENALTY UNDER SECTION

19    12922.



















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