SENATE BILL No. 1018

January 30, 2002, Introduced by Senators BULLARD and MC COTTER and referred to the

Committee on Farming, Agribusiness and Food Systems.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 297e (MCL 750.297e).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 297e. (1) As used in this section, "kosher" means pre-

2 pared or processed in accordance with orthodox Hebrew religious

3 requirements sanctioned by a recognized orthodox rabbinical

4 council.

5 (2) A person who, with intent to defraud, sells or exposes

6 for sale any meat, or meat preparations PREPARATION, article

7 of food, or food products PRODUCT, and falsely represents the

8 same IT to be kosher, whether such THE meat, or meat

9 preparations PREPARATION, article of food, or food products

10 are PRODUCT IS raw or prepared for human consumption, either by

11 direct statement orally, or in writing, which might IS

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1 reasonably be calculated to deceive or lead a reasonable man

2 PERSON to believe that a representation is being made that such

3 THAT food is kosher; or WHO falsely represents any food

4 products PRODUCT or the contents of any package or container to

5 be so constituted and prepared, by having or permitting to be

6 inscribed thereon ON THE PACKAGE OR CONTAINER the word "kosher"

7 in any language; or WHO sells or exposes for sale in the same

8 place of business both kosher and nonkosher meat or meat prepara-

9 tions, or both kosher and nonkosher food or food products, either

10 raw or prepared for human consumption, and who fails to indicate

11 on his OR HER window signs and all display advertising, in block

12 letters at least 4 inches in height, "kosher and nonkosher meat

13 sold here" or "kosher and nonkosher food sold here"; or who

14 exposes for sale in any show window or place of business both

15 kosher and nonkosher meat or meat preparations, or kosher and

16 nonkosher food or food products, either raw or prepared for human

17 consumption, and who fails to display over each kind of meat or

18 meat preparation so exposed a sign in block letters at least 4

19 inches in height reading "kosher meat" or "nonkosher meat", or

20 "kosher food" or "nonkosher food"; , or who displays on his OR

21 HER window, door, or in his OR HER place of business, or in hand-

22 bills or other printed matter distributed in or outside of his OR

23 HER place of business, words or letters in Hebraic characters

24 other than the word "kosher", or any sign, emblem, insignia,

25 6-pointed star, symbol, or mark in simulation of same, without

26 ALSO displaying in conjunction therewith in English letters of

27 at least the same size as such characters, signs, emblems,

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1 insignia, symbols or marks, the words "we sell kosher meat and

2 food only" or "we sell nonkosher meat and food only", or "we sell

3 both kosher and nonkosher meat and food" is guilty of a

4 misdemeanor. Possession of nonkosher meat and food, in any place

5 of business advertising the sale of kosher meat and food only, is

6 presumptive evidence that the person in possession exposes the

7 same NONKOSHER MEAT AND FOOD for sale with intent to defraud,

8 in violation of the provisions of this section.

9 (3) A person who, with intent to defraud, sells or exposes

10 for sale in any hotel, restaurant or other place where food pro-

11 ducts are sold for consumption on or off the premises, any meat,

12 or meat preparations PREPARATION, article of food, or food

13 products PRODUCT, and falsely represents the same IT to be

14 kosher, whether such THAT meat, or meat preparations

15 PREPARATION, article of food, or food products PRODUCT be raw

16 or prepared for human consumption, either by direct statement

17 orally, or in writing, which might IS reasonably be calcu-

18 lated to deceive or lead a reasonable man PERSON to believe

19 that a representation is being made that such THAT food is

20 kosher; or WHO falsely represents any food product or the con-

21 tents of any package or container to be so constituted and pre-

22 pared, by having or permitting to be inscribed thereon ON THE

23 PACKAGE OR CONTAINER the word "kosher" in any language; or WHO

24 sells or exposes for sale in the same place of business both

25 kosher and nonkosher meat or meat preparations, or both kosher

26 and nonkosher food or food products, either raw or prepared for

27 human consumption, and who fails to indicate on his OR HER window

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1 signs and all display advertising, in block letters at least 4

2 inches in height, "kosher and nonkosher food sold here", or who

3 exposes for sale in any show window or place of business both

4 kosher and nonkosher food or food products, either raw or pre-

5 pared for human consumption, and who fails to display over each

6 kind of food or food preparation so exposed a sign in block let-

7 ters at least 4 inches in height reading "kosher food" or

8 "nonkosher food"; , or who displays on his OR HER window, door,

9 or in his OR HER place of business, or in handbills or other

10 printed matter distributed in or outside of his OR HER place of

11 business, words or letters in Hebraic characters other than the

12 word "kosher", or any sign, emblem, insignia, 6-pointed star,

13 symbol, or mark in simulation of same, without ALSO displaying

14 in conjunction therewith in English letters of at least the

15 same size as such characters, signs, emblems, insignia, symbols

16 or marks the words "we sell kosher food only" or "we sell nonko-

17 sher food only", or "we sell both kosher and nonkosher food", is

18 guilty of a misdemeanor. Possession of nonkosher food, in any

19 place of business advertising the sale of kosher food only, is

20 presumptive evidence that the person in possession exposes the

21 same NONKOSHER MEAT AND FOOD for sale with intent to defraud,

22 in violation of the provisions of this section.

23 (4) No A person shall NOT DO ANY OF THE FOLLOWING:

24 (a) Wilfully WILLFULLY mark, stamp, tag, brand, label, or

25 in any other way or by any other means of identification repre-

26 sent or cause to be marked, stamped, tagged, branded, labeled, or

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1 represented as kosher food or food products not kosher or not so

2 prepared.

3 (b) Wilfully WILLFULLY remove, deface, obliterate, cover,

4 alter, or destroy, or cause to be removed, defaced, obliterated,

5 covered, altered, or destroyed the original slaughterhouse plumba

6 or any other mark, stamp, tag, brand, label, or any other means

7 of identification affixed to foods or food products to indicate

8 that such THOSE foods or food products are kosher.

9 (c) Knowingly sell, dispose of, or have in his OR HER pos-

10 session, for the purpose of resale to any person as kosher, any

11 food or food products not having affixed thereto the original

12 slaughterhouse plumba or any other mark, stamp, tag, brand,

13 label, or other means of identification employed to indicate that

14 such THAT food or food products are PRODUCT IS kosher or any

15 food or food products to which such plumba, mark, stamp, tag,

16 brand, label, or other means of identification has or have been

17 fraudulently affixed.

18 (5) The department of agriculture shall investigate,

19 inspect, and supervise the sale of KOSHER meat and meat prepara-

20 tions and SHALL enforce the provisions of this act. The depart-

21 ment may promulgate rules and regulations for the enforcement and

22 administration of this act in accordance with the provisions of

23 Act No. 88 of the Public Acts of 1943, as amended, being sec-

24 tions 24.71 to 24.80 of the Compiled Laws of 1948, and subject to

25 Act No. 197 of the Public Acts of 1952, as amended, being sec-

26 tions 24.101 to 24.110 of the Compiled Laws of 1948.

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1 (6) Any A person who violates the provisions of this

2 section is guilty of a misdemeanor.

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