February 17, 2010, Introduced by Rep. Byrnes and referred to the Committee on Agriculture.
A bill to amend 2000 PA 92, entitled
"Food law of 2000,"
by amending sections 1105 and 1109 (MCL 289.1105 and 289.1109),
section 1105 as amended by 2008 PA 338 and section 1109 as amended
by 2007 PA 113, and by adding section 4102.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1105. As used in this act:
(a) "Adulterated" means food to which any of the following
apply:
(i) It bears or contains any poisonous or deleterious substance
that may render it injurious to health except that, if the
substance is not an added substance, the food is not considered
adulterated if the quantity of that substance in the food does not
ordinarily render it injurious to health.
(ii) It bears or contains any added poisonous or added
deleterious substance, other than a substance that is a pesticide
chemical in or on a raw agricultural commodity; a food additive; or
a color additive considered unsafe within the meaning of
subparagraph (v).
(iii) It is a raw agricultural commodity that bears or contains
a pesticide chemical considered unsafe within the meaning of
subparagraph (v).
(iv) It bears or contains any food additive considered unsafe
within the meaning of subparagraph (v) provided that where a
pesticide chemical has been used in or on a raw agricultural
commodity in conformity with an exemption granted or tolerance
prescribed under subparagraph (v) and the raw agricultural commodity
has been subjected to processing the residue of that pesticide
chemical remaining in or on that processed food is, notwithstanding
the provisions of subparagraph (v) and this subdivision, not be
considered unsafe if that residue in or on the raw agricultural
commodity has been removed to the extent possible in good
manufacturing practice and if the concentration of that residue in
the processed food when ready to eat is not greater than the
tolerance prescribed for the raw agricultural commodity.
(v) Any added poisonous or deleterious substance, any food
additive, and pesticide chemical in or on a raw agricultural
commodity, or any color additive is considered unsafe for the
purpose of application of this definition, unless there is in
effect a federal regulation or exemption from regulation under the
federal act, meat inspection act, poultry product inspection act,
or other federal acts, or a rule adopted under this act limiting
the quantity of the substance, and the use or intended use of the
substance, and the use or intended use of the substance conforms to
the terms prescribed by the rule.
(vi) It is or contains a new animal drug or conversion product
of a new animal drug that is unsafe within the meaning of section
360b of the federal act, 21 USC 360b.
(vii) It consists in whole or in part of a diseased,
contaminated, filthy, putrid, or decomposed substance or it is
otherwise unfit for food.
(viii) It has been produced, prepared, packed, or held under
insanitary conditions in which it may have become contaminated with
filth or in which it may have been rendered diseased, unwholesome,
or injurious to health.
(ix) It is the product of a diseased animal or an animal that
has died other than by slaughter or that has been fed uncooked
garbage or uncooked offal from a slaughterhouse.
(x) Its container is composed, in whole or in part, of any
poisonous or deleterious substance that may render the contents
injurious to health.
(xi) A valuable constituent has been in whole or in part
omitted or abstracted from the food; a substance has been
substituted wholly or in part for the food; damage or inferiority
has been concealed in any manner; or a substance has been added to
the food or mixed or packed with the food so as to increase its
bulk or weight, reduce its quality or strength, or make it appear
better or of greater value than it is.
(xii) It is confectionery and has partially or completely
imbedded in it any nonnutritive object except in the case of any
nonnutritive object if, as provided by rules, the object is of
practical functional value to the confectionery product and would
not render the product injurious or hazardous to health; it bears
or contains any alcohol other than alcohol not in excess of 1/2 of
1% by volume derived solely from the use of flavoring extracts; or
it bears or contains any nonnutritive substance except a
nonnutritive substance such as harmless coloring, harmless
flavoring, harmless resinous glaze not in excess of 4/10 of 1%,
harmless natural wax not in excess of 4/10 of 1%, harmless natural
gum and pectin or to any chewing gum by reason of its containing
harmless nonnutritive masticatory substances which is in or on
confectionery by reason of its use for some practical functional
purpose in the manufacture, packaging, or storage of such
confectionery if the use of the substance does not promote
deception of the consumer or otherwise result in adulteration or
misbranding in violation of the provisions of this act. For the
purpose of avoiding or resolving uncertainty as to the application
of this subdivision, the director may issue rules allowing or
prohibiting the use of particular nonnutritive substances.
(xiii) It is or bears or contains any color additive that is
unsafe within the meaning of subparagraph (v).
(xiv) It has been intentionally subjected to radiation, unless
the use of the radiation was in conformity with a rule or exemption
under this act or a regulation or exemption under the federal act.
(xv) It is bottled water that contains a substance at a level
higher than allowed under this act.
(b) "Advertisement" means a representation disseminated in any
manner or by any means, other than by labeling, for the purpose of
inducing, or which is likely to induce, directly or indirectly, the
purchase of food.
(c) "Agricultural use operation" means a maple syrup
production facility or similar food establishment that finishes a
raw commodity and is integral to the agricultural production of,
and is located at, a farm. An agricultural use operation is not
considered a food processing plant or retail processing operation
for purposes of personal or real property but must meet those same
standards and licensing requirements as prescribed in this act.
(d) "Bed and breakfast" means a private residence that offers
sleeping accommodations to transient tenants in 14 or fewer rooms
for rent, is the innkeeper's residence in which the innkeeper
resides while renting the rooms to transient tenants, and serves
breakfasts, or other meals in the case of a bed and breakfast
described in section 1107(n)(ii), at no extra cost to its transient
tenants. A bed and breakfast is not considered a food service
establishment if exempt under section 1107(n)(ii) or (iii).
(e) "Color additive" means a dye, pigment, or other substance
made by process of synthesis or similar artifice or extracted,
isolated, or otherwise derived, with or without intermediate or
final change of identity from a vegetable, animal, mineral, or
other source, or when added or applied to a food or any part of a
food is capable alone or through reaction with other substance of
imparting color to the food. Color additive does not include any
material that is exempt or hereafter is exempted under the federal
act. This subdivision does not apply to any pesticide chemical,
soil or plant nutrient, or other agricultural chemical solely
because of its effect in aiding, retarding, or otherwise affecting,
directly or indirectly, the growth of other natural physiological
process of produce of the soil and thereby affecting its color,
whether before or after harvest. Color includes black, white, and
intermediate grays.
(f) "Contaminated with filth" means contamination applicable
to any food not securely protected from dust, dirt, and, as far as
may be necessary by all reasonable means, from all foreign or
injurious contaminations.
(g) "Continental breakfast" means the serving of only non-
potentially-hazardous food such as a roll, pastry or doughnut,
fruit juice, or hot beverage, but may also include individual
portions of milk and other items incidental to those foods.
(h) "Cottage food operation" means a person who produces or
packages non-potentially hazardous food in a kitchen of that
person's primary domestic residence.
(i) (h)
"Critical violation" or
"critical item" means a
violation of the food code that the director determines is more
likely than other violations to contribute to food contamination,
illness to humans, or environmental health hazard.
Sec. 1109. As used in this act:
(a) "Imminent or substantial hazard" means a condition at a
food establishment that the director determines requires immediate
action to prevent endangering the health of people.
(b) "Inspection" means the checking or testing of observable
practices against standards established in or adopted by this act,
accompanied by a report of findings.
(c) "Juice" means the aqueous liquid expressed or extracted
from 1 or more fruits or vegetables, purees of the edible portions
of 1 or more fruits or vegetables, or any concentrates of such
liquid or puree.
(d) "Label" means a display of written, printed, or graphic
matter upon the immediate container of any article and includes a
requirement imposed under this act that any word, statement, or
other information appearing on the display also appear on the
outside container or wrapper of the retail package of the article
or be easily legible through the outside container or wrapper.
(e) "Labeling" means all labels and other written, printed, or
graphic matter upon an article, any of its containers or wrappers,
or accompanying the article.
(f) "License limitation" means an action by which the director
imposes restrictions or conditions, or both, on a license of a food
establishment.
(g) "License holder" means the entity that is legally
responsible for the operation of the food establishment including
the owner, the owner's agent, or other person operating under
apparent authority of the owner possessing a valid license to
operate a food establishment.
(h) "Limited wholesale food processor" means a wholesale food
processor that has $25,000.00 or less in annual gross wholesale
sales made or business done in wholesale sales in the preceding
licensing year, or $25,000.00 or less of the food is reasonably
anticipated to be sold for the current licensing year. Only the
food sales from the wholesale food processor operation are used in
computing the annual gross sales under this subdivision.
(i) "Local health department" means that term as defined in
section 1105 of the public health code, MCL 333.1105, and having
those powers and duties as described in part 24 of the public
health code, MCL 333.2401 to 333.2498.
(j) "Milk product" means cream, light cream, light whipping
cream, heavy cream, heavy whipping cream, whipped cream, whipped
light cream, sour cream, acidified sour cream, cultured sour cream,
half-and-half, sour half-and-half, acidified sour half-and-half,
cultured sour half-and-half, reconstituted or recombined milk and
milk products, concentrated milk, concentrated milk products, skim
milk, lowfat milk, frozen milk concentrate, eggnog, buttermilk,
cultured milk, cultured lowfat milk, cultured skim milk, yogurt,
lowfat yogurt, nonfat yogurt, acidified milk, acidified lowfat
milk, acidified skim milk, low-sodium milk, low-sodium lowfat milk,
low-sodium skim milk, lactose-reduced milk, lactose-reduced lowfat
milk, lactose-reduced skim milk, aseptically processed and packaged
milk, milk products with added safe and suitable microbial
organisms, and any other milk product made by the addition or
subtraction of milkfat or addition of safe and suitable optional
ingredients for protein, vitamin, or mineral fortification. Milk
product does include dietary dairy products, dairy-based infant
formula, ice cream and other frozen desserts, cheese, butter, and
any other product derived from milk.
(k) "Misbranded" means food to which any of the following
apply:
(i) Its labeling is false or misleading in any particular.
(ii) It is offered for sale under the name of another food.
(iii) It is an imitation of another food unless its label bears,
in type of uniform size and prominence, the word "imitation" and
immediately thereafter the name of the food imitated.
(iv) Its container is so made, formed, or filled as to be
misleading.
(v) It is in package form, unless it bears a label containing
both the name and place of business of the manufacturer, packer, or
distributor and an accurate statement of the quantity of the
contents in terms of weight, measure, or numerical count subject to
reasonable variations as are permitted and exemptions as to small
packages as are established by rules prescribed by the department.
(vi) Any word, statement, or other labeling required by this
act is not prominently placed on the label or labeling
conspicuously and in such terms as to render it likely to be read
and understood by the ordinary individual under customary
conditions of purchase and use.
(vii) It purports to be or is represented as a food for which a
definition and standard of identity have been prescribed by rules
as provided by this act or under the federal act, unless it
conforms to such definition and standard and its label bears the
name of the food specified in the definition and standard, and,
insofar as may be required by the rules, the common names of
optional ingredients, other than spices, flavoring, and coloring,
present in such food.
(viii) It purports to be or is represented to be either of the
following:
(A) A food for which a standard of quality has been prescribed
by this act or rules and its quality falls below such standard
unless its label bears, in such manner and form as such rules
specify, a statement that it falls below such standard.
(B) A food for which a standard or standards of fill of
container have been prescribed by this act or rules and it falls
below the standard of fill of container applicable, unless its
label bears, in such manner and form as the rules specify, a
statement that it falls below the standard.
(ix) It does not bear labeling clearly giving the common or
usual name of the food, if one exists, and if fabricated from 2 or
more ingredients, the common or usual name of each ingredient
except that spices, flavorings, and colorings, other than those
sold as such, may be designated as spices, flavorings, and
colorings, without naming each and under other circumstances as
established by rules regarding exemptions based upon practicality,
potential deception, or unfair competition.
(x) It bears or contains any artificial flavoring, artificial
coloring, or chemical preservative unless the labeling states that
fact and under other circumstances as established by rules
regarding exemptions based upon practicality.
(xi) If a food intended for human consumption and offered for
sale, its label and labeling do not bear the nutrition information
required under section 403(q) of the federal act, 21 USC 343.
(xii) It is a product intended as an ingredient of another food
and, when used according to the directions of the purveyor, will
result in the final food product being adulterated or misbranded.
(xiii) It is a color additive whose packaging and labeling are
not in conformity with packaging and labeling requirements
applicable to such color additive prescribed under the provisions
of the federal act.
(l) "Mobile food establishment" means a food establishment
operating from a vehicle or watercraft that returns to a licensed
commissary for servicing and maintenance at least once every 24
hours.
(m) "Mobile food establishment commissary" means an operation
that is capable of servicing a mobile food establishment.
(n) "Non-potentially hazardous food" means a food that is not
potentially hazardous food as that term as defined in the food
code, which includes, but is not limited to, baked goods, jams,
jellies, candy, snack food, cereal, granola, dry mixes, vinegar,
and dried herbs. Non-potentially hazardous food does not include
home-canned low-acid or acidified vegetables, home-canned salsa, or
home-canned food; food service items; ready-to-eat meals, meat,
sandwiches, cheese, or custard pies; garlic in oil; food that
requires temperature control for safety; and bottled water, home-
produced ice products, and other beverages and products.
(o) (n)
"Person" means an
individual, sole proprietorship,
partnership, corporation, association, or other legal entity.
(p) (o)
"Pesticide chemical"
means any substance that, alone,
in chemical combination, or in formulation with 1 or more other
substances, is a pesticide within the meaning of the federal
insecticide, fungicide, and rodenticide act, 7 USC 136 to 136y, and
is used in the production, storage, or transportation of raw
agricultural commodities.
(q) (p)
"Principal display panel"
means that part of a label
that is most likely to be displayed, presented, shown, or examined
under normal and customary conditions of display for retail sale.
(r) (q)
"Public health code"
means 1978 PA 368, MCL 333.1101
to 333.25211.
Sec. 4102. (1) A cottage food operation is exempt from the
licensing and inspection provisions of this act. This exemption
does not include an exemption from the labeling, adulteration, and
other standards imposed in this section or under this act, or both.
(2) In addition to the other labeling and disclosure
requirements imposed by this act, a cottage food operation shall
place on the label of any food it produces or packages a statement
that substantially complies with the following:
"Made in a home kitchen that has not been inspected by the
Michigan Department of Agriculture.".
(3) The permissible sale location of non-potentially hazardous
food by a cottage food operation is limited to homes, farm markets,
or roadside stands; municipal farmers markets; county fairs; and
town celebrations, festivals, and events. A cottage food operation
claiming an exemption from licensure under this section is not
allowed to sell non-potentially hazardous food at craft shows, flea
markets, or other for-profit events; by means of the internet or
other media inside or outside this state; at permanent sales venues
other than farmers markets, homes, or roadside stands; or by means
of consignment or in other licensed retail establishments.
(4) The gross sales of non-potentially hazardous food shall
not exceed $15,000.00 annually. The department may request in
writing documentation to verify the gross sales figure.
(5) An exemption under this section does not affect the
application of any other state or federal laws or any applicable
ordinances enacted by any local unit of government.