December 12, 2013, Introduced by Senators EMMONS, HUNE, SMITH, NOFS, GREEN, PAPPAGEORGE, JONES, MARLEAU, BRANDENBURG, ANANICH and WARREN and referred to the Committee on Regulatory Reform.
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 sections 6152 and 6153.
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) In order to obtain his or her certification under
subsection (1), a food safety manager who supervises the operations
of a retail food establishment shall, as part of an otherwise
approved certified food safety manager education program, view a
video or complete another training program approved by the
department concerning food allergies. A person designated as an
alternate person in charge at a retail food establishment shall
also view the video or complete another training program concerning
food allergies. The department shall require that any certified
food safety manager examination offered by an accredited program
recognized by the department shall include questions concerning
food allergies as they relate to food preparation.
(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 retail food 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.
(b) Include a notice to customers of the customer's obligation
to inform the server about any food allergies. This notice shall be
placed either on all menus or on a poster at or near the main
entrance of the retail food establishment. The notice shall state:
"Before placing your order, please inform your server if a person
in your party has a food allergy.".
(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.
Sec. 6153. (1) The department shall develop a program for
retail food establishments to be designated as food allergy
friendly and shall maintain a listing of retail food establishments
receiving this designation on the department's internet website.
Participation in the program developed under this section is
voluntary. The department shall issue guidelines and requirements
for retail food establishments to receive the designation. The
requirements shall include, but are not limited to, maintaining on
the premises and making available to the public a master list of
all the ingredients used in the preparation of each food item
available for consumption.
(2) Not earlier than 1 year after the effective date of the
amendatory act that added this section and not later than 2 years
after the effective date of the amendatory act that added this
section, the department shall submit a report to the legislature
that includes all of the following:
(a) An analysis of the impact of the amendatory act that added
this section.
(b) Compliance of retail food establishments with this act.
(c) Proposed changes to this act consistent with the public
health and welfare.