SB-0730, As Passed Senate, September 24, 2014

SUBSTITUTE FOR

SENATE BILL NO. 730

     A bill to amend 2000 PA 92, entitled

"Food law,"

by amending section 2129 (MCL 289.2129), as amended by 2012 PA 178,

and by adding section 6152.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2129. (1) All Subject to subsection (2), all of the

following food establishments shall employ a minimum of 1

managerial employee as a food safety manager who is currently

certified under a personnel certification program accredited by the

American national standards institute, utilizing the conference for

food protection standards:

     (a) A food service establishment that is not any of the

following:

     (i) Operating under a A licensed temporary food service

establishment. license.

     (ii) A vending machine. location.

     (b) An extended retail food establishment.

     (c) Operated A food establishment operated within a retail

grocery.

     (2) A certified food safety manager who supervises the

operations of a food service establishment shall view a video or

complete another training program approved by the department

concerning food allergies. The food service establishment shall

retain records on the site of the food service establishment

documenting compliance with this requirement.

(3) (2) An individual certified under subsection (1) shall be

recognized with full faith and credit by the state and all local

units of government throughout the state.

(4) (3) The department may promulgate rules to do all of the

following:

     (a) Develop requirements for retail food establishments to

follow when employing certified food safety managers or personnel.

     (b) Set a reasonable date for compliance with the requirements

under subdivision (a) taking into consideration existing local

personnel certification requirements.

     (c) Establish certification fees necessary to implement,

maintain, and track certified individuals directly or by contract.

The department may annually adjust the schedule of fees to provide

that the fee charged is sufficient to cover the cost of the

certification tracking program.

     (d) Implement and enforce the requirements described in

developed under subdivision (a).

(5) (4) The certification program developed by the American

national standards institute, as it exists on April 1, 2008, is

incorporated by reference. The department may adopt updates to the

certification program accreditation standards in subsection (1) by

rule.

(6) (5) This section does not prohibit any local legislative

body from implementing a food handler program, an employee health

certification program, or a manager certification program, if it is

not in conflict with this section.

     Sec. 6152. (1) Each food service establishment in this state

shall do both of the following:

     (a) Prominently display in the staff area a poster developed

and approved by the department relative to food allergy awareness

that includes, but is not limited to, information regarding the

risk of an allergic reaction, or post the same information from the

poster in a different, readable notice in the staff area.

     (b) Provide a notice to customers of the customer's obligation

to inform the server about any food allergies, which states:

"Before placing your order, please inform your server if a person

in your party has a food allergy.". This notice shall be provided

in 1 or more of the following ways:

     (i) Printed on all menus.

     (ii) Printed on a sticker that is placed on all menus.

     (iii) Printed on a sticker that is placed in a window at the

main entrance of the food service establishment.

     (iv) Placed on a poster or sign at or near the main entrance of

the food service establishment.

     (2) The department may promulgate rules to carry out this

section.

     (3) This section does not establish or change any private

cause of action. This section does not change any duty under any

other statute or the common law, except as this section expressly

provides.