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Michigan Compiled Laws - Pure Foods and Standards

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• Repealed - Food and Drug Commissioner (289.2 - 289.12) - Mich. Comp. Laws
• State Food Analyst, Chemists, Inspectors; Oath, Tenure, Laboratory, Salaries, Expenses, Chemical Supplies - Mich. Comp. Laws Section 289.35
  The commissioner shall appoint a suitable and competent person as state analyst, who shall be a practical analytical chemist. The commissioner may appoint an...
• Dairy, Food and Drink Products; Inspection, Analysis; Commencement of Proceedings; Right of Entry; Warning Notice; Failure to Obey, Penalty - Mich. Comp. Laws Section 289.36
  It shall be the duty of the dairy and food commissioner to carefully inquire into the dairy and food and drink products and the...
• Seizure of Goods; Analysis of Sample; Show Cause Hearing; Summons; Judgment; Forfeiture of Seized Goods; Appeal; Disposition of Proceeds; Duty of Prosecuting Attorney - Mich. Comp. Laws Section 289.37
  (1) The commissioner, his or her deputy, or any person by the commissioner duly appointed for that purpose, is authorized at all times to...
• Giving of Certificate by State Analyst Unlawful - Mich. Comp. Laws Section 289.38
  It shall be unlawful for the state analyst, while he holds his office, to furnish to any individual, firm or corporation, any certificate as...
• Annual Report to Governor; Contents, Publication; Monthly Bulletin, Contents, Distribution, Number Limited - Mich. Comp. Laws Section 289.39
  The commissioner shall make an annual report to the governor on or before the first day of July in each year, and which shall...
• Interference With Food Commissioners or Inspectors; Penalty - Mich. Comp. Laws Section 289.40
  Any person who shall willfully hinder or obstruct the dairy and food commissioner, or his deputy, or other person or inspector by him duly...
• Investigation of Creameries, Dairy Products Factories; Giving of Instruction - Mich. Comp. Laws Section 289.43
  It shall also be the duty of the dairy and food commissioner to foster and encourage the dairy industry of the state, and, for...
• Warning Notice; Distributors of Impure Milk or Cream; Failure to Obey, Penalty - Mich. Comp. Laws Section 289.44
  Whenever it is determined by the dairy and food commissioner, his deputy or inspectors, that any person is using, selling or furnishing to any...
• Warning Notice; Operators of Unsanitary Creameries, Dairy Products Factories; Failure to Obey, Penalty - Mich. Comp. Laws Section 289.45
  Whenever it is determined by the dairy and food commissioner, his deputy or inspectors, that unsanitary conditions exist or are permitted to exist in...
• Repealed. 1975, Act 120, Imd. Eff. June 26, 1975. - Mich. Comp. Laws
• Annual Report to Governor; Contents - Mich. Comp. Laws Section 289.49
  The published annual report of the dairy and food commissioner which shall be made to the governor, shall include a complete accounting of all...
• Repealed - Dairy and Food Commissioner (289.61 - 289.61) - Mich. Comp. Laws
• Collection of Fees; Suit to Recover Fees Due - Mich. Comp. Laws Section 289.71
  Whenever any corporation, firm or person engaged as a dealer, manufacturer, storer or transporter of any food or beverage product for man or animal,...
• Suit to Recover Fees Due; Venue, Procedure, Judgment; Disposition of Moneys Recovered; Prerequisite Notice to Defendant - Mich. Comp. Laws Section 289.72
  Said suit may be commenced in the circuit court for the county of Ingham or in the circuit court of the county where the...
• Expenses - Mich. Comp. Laws Section 289.73
  All expenses incurred by the state dairy and food commissioner under this act shall be defrayed by the state dairy and food department out...
• Repealed - Food; Adulteration, Fraud, and Deception (289.81 - 289.100) - Mich. Comp. Laws
• Food Products; Legal Standards of Purity - Mich. Comp. Laws Section 289.111
  In all prosecutions arising under the food and drug laws of this state for the manufacture or sale of an adulterated, misbranded, or otherwise...
• Repealed - Business of Canning and Preserving (289.121 - 289.133) - Mich. Comp. Laws
• Repealed - Use of Preservatives (289.141 - 289.142) - Mich. Comp. Laws
• Repealed - Use of Saccharin, Sodium Cyclamate, or Calcium Cyclamate (289.151 - 289.151) - Mich. Comp. Laws
• Repealed - Warehouses, Cold Storage Plants, and Slaughterhouses (289.201 - 289.203) - Mich. Comp. Laws
• Repealed - Frozen Food Locker Plants (289.211 - 289.219) - Mich. Comp. Laws
• Repealed - Sausage (289.231 - 289.242) - Mich. Comp. Laws
• Immature Veal, Transportation or Sale Unlawful; Deacons; Unwholesome Meat From Young Animals; Possession - Mich. Comp. Laws Section 289.251
  No person shall transport in interstate or intrastate commerce, or sell for transportation in interstate or intrastate commerce, any calf unless such calf is...
• Violation of Act; Penalty - Mich. Comp. Laws Section 289.252
  Whoever shall do any of the acts or things prohibited by this act, or in any way violate any of its provisions, shall be...
• Declaration of Necessity - Mich. Comp. Laws Section 289.253
  This act is immediately necessary for the public health. History: 1913, Act 340, Eff. Aug. 14, 1913 ;-- CL 1915, 6516 ;-- CL 1929,...
• Repealed - False Advertising of Meat and Meat Products (289.261 - 289.268) - Mich. Comp. Laws
• Repealed - Statements as to Meats (289.271 - 289.276) - Mich. Comp. Laws
• Repealed - Eggs (289.301 - 289.313) - Mich. Comp. Laws
• Repealed - Eggs (289.321 - 289.336) - Mich. Comp. Laws
• Repealed - Soft Drinks (289.401 - 289.418) - Mich. Comp. Laws
• Repealed - Buckwheat Flour (289.501 - 289.505) - Mich. Comp. Laws
• Black Pepper; Standards - Mich. Comp. Laws Section 289.521
  No person, firm or corporation shall manufacture for sale, or expose for sale, sell, exchange or deliver or have in his possession with intent...
• White Pepper; Standards - Mich. Comp. Laws Section 289.522
  No person, firm or corporation shall manufacture for sale, or expose for sale, sell, exchange or deliver or have in his possession with intent...
• Red Pepper; Standards - Mich. Comp. Laws Section 289.523
  No person, firm or corporation shall manufacture for sale, or expose for sale, sell, exchange or deliver or have in his possession with intent...
• Cloves; Standards - Mich. Comp. Laws Section 289.524
  No person, firm or corporation shall manufacture for sale, or expose for sale, sell, exchange or deliver or have in his possession with intent...
• Nutmegs; Standards - Mich. Comp. Laws Section 289.525
  No person, firm or corporation shall manufacture for sale, or expose for sale, sell, exchange or deliver or have in his possession with intent...
• Violation of Act; Penalty - Mich. Comp. Laws Section 289.526
  Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall...
• Maple Syrup in Retail Packages; Sale, Display, or Intent to Sell; Conformance With Federal Standards - Mich. Comp. Laws Section 289.531
  A person shall not sell, offer or display for sale, or possess with intent to sell maple syrup in retail packages unless that syrup...
• Enforcement of Act; Issuance and Use of Seal of Quality or Other Logo - Mich. Comp. Laws Section 289.532
  (1) The department of agriculture shall enforce this act in the same manner as the Michigan food law of 1968, Act No. 39 of...
• Violation as Misdemeanor; Penalty - Mich. Comp. Laws Section 289.533
  A person who violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not...
• Injunctive Relief - Mich. Comp. Laws Section 289.534
  In addition to the penalties otherwise provided in this act, the department of agriculture may apply to circuit court for injunctive relief restraining any...
• Repealed - Corn Syrup (289.541 - 289.542) - Mich. Comp. Laws
• Repealed - Vinegar (289.551 - 289.559) - Mich. Comp. Laws
• Repealed - Michigan Comminuted Meat Law (289.581 - 289.592) - Mich. Comp. Laws
• Repealed - Grain Treated With Poisonous or Injurious Substance (289.611 - 289.614) - Mich. Comp. Laws
• Repealed - Seal of Quality Act (289.631 - 289.646) - Mich. Comp. Laws
• Repealed - Michigan Food Law of 1968 (289.701 - 289.727) - Mich. Comp. Laws
• Repealed - Food Processing Act of 1977 (289.801 - 289.810) - Mich. Comp. Laws
• Short Title - Mich. Comp. Laws Section 289.821
  This act shall be known and may be cited as the "Michigan agricultural processing act".
• Definitions - Mich. Comp. Laws Section 289.822
  As used in this act: (a) "Dairy product" means all of the following: (i) Dairy product as that term is defined in section 12...
• Processing Operation as Public or Private Nuisance - Mich. Comp. Laws Section 289.823
  (1) A processing operation shall not be found to be a public or private nuisance if the processing operation alleged to be a nuisance...
• Nuisance Complaints; Exhaustion of Administrative Remedies; Investigation; Memorandum of Understanding With Department of Environmental Quality; Resolution; Notice of Finding; Determination; Costs; "Unverified Nuisance Complaint" Defined - Mich. Comp. Laws Section 289.824
  (1) The Michigan commission of agriculture shall request the director of the Michigan department of agriculture or his or her designee to investigate all...
• Applicability of State and Federal Statutes - Mich. Comp. Laws Section 289.825
  (1) This act does not affect the application of state statutes and federal statutes. (2) For purposes of this section, "state statutes" includes, but...
• Abolishment of Consumer Food Safety Education Fund Advisory Committee; Transfer of Powers and Duties to Department of Agriculture - Mich. Comp. Laws Section 289.841
  289.841 Abolishment of consumer food safety education fund advisory committee; transfer of powers and duties to department of agriculture. WHEREAS, Section 1 of Article...
• Short Title - Mich. Comp. Laws Section 289.1101
  This act shall be known and may be cited as the "food law". History: 2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2012,...
• Scope - Mich. Comp. Laws Section 289.1103
  The provisions of this act regarding the selling of food shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and...
• Definitions; a to C; Unsafe Substances, Additives, or Chemicals - Mich. Comp. Laws Section 289.1105
  (1) As used in this act: (a) "Adulterated" means food to which any of the following apply: (i) It bears or contains any poisonous...
• Definitions; D to F - Mich. Comp. Laws Section 289.1107
  As used in this act: (a) "Department" means the department of agriculture and rural development. (b) "Director" means the director of the department or...
• Definitions; G to P - Mich. Comp. Laws Section 289.1109
  As used in this act: (a) "Guide for the control of molluscan shellfish" means section II, model ordinance, national shellfish sanitation program guide for...
• Definitions; R to W - Mich. Comp. Laws Section 289.1111
  As used in this act: (a) "Raw agricultural commodity" means any food in its raw or natural state including fruits that are washed, colored,...
• Terms Defined in Act; Meanings; Use of Terms "Critical Violation" and "Noncritical Violation." - Mich. Comp. Laws Section 289.1113
  (1) A term defined in the food code has the same meaning when used in this act, except as specifically defined in this act....
• Repealed. 2007, Act 113, Eff. Apr. 1, 2008. - Mich. Comp. Laws
• Repealed. 2007, Act 113, Eff. Apr. 1, 2008. - Mich. Comp. Laws
• Rules; "act" and "establishment" Defined - Mich. Comp. Laws Section 289.1119
  (1) Except as rescinded, rules promulgated under public acts repealed by this act retain authorization under this act. (2) Notwithstanding R 285.553.1 of the...
• Authority and Powers of Director - Mich. Comp. Laws Section 289.1121
  This act does not divest the director of any authority and powers available under part 24 of the public health code, MCL 333.2401 to...
• Powers and Duties of Director - Mich. Comp. Laws Section 289.2101
  (1) The director shall provide for the administration and enforcement of this act. The director may delegate enforcement and administration of this act to...
• Repealed. 2012, Act 178, Eff. Oct. 1, 2012. - Mich. Comp. Laws
• Seizure or Embargo of Food Without Warrant; Tag or Marking as Notice of Adulterated or Misbranded Food; Complaint; Findings and Order of Court - Mich. Comp. Laws Section 289.2105
  (1) When necessary for the enforcement of this act, the director may seize without formal warrant any food found to be sold, held for...
• Adulterated Food as Nuisance - Mich. Comp. Laws Section 289.2107
  (1) If the director finds any adulterated food that the director declares to be a nuisance, the director shall immediately condemn, destroy, or in...
• Destruction of Seized Food - Mich. Comp. Laws Section 289.2109
  If storage of seized food is not possible without risk to the public health, the director shall order immediate destruction of the food to...
• Inspection of Food Establishment by Director; Access; Securing Samples or Specimens of Food; Examination of Records; Photographs or Copies of Records as Evaluation; Confidentiality - Mich. Comp. Laws Section 289.2111
  (1) The director shall have free access at all reasonable hours to any food establishment, including a vehicle used to transport or hold food,...
• Order to Cease Food Operations; Resumption; Reevaluation; Hearing - Mich. Comp. Laws Section 289.2113
  (1) The director may order immediate cessation of operation of a food establishment upon a determination that continued operation would create an imminent or...
• Disease Transmission by Employee; Investigations - Mich. Comp. Laws Section 289.2115
  If the director has reasonable cause to suspect disease transmission by an employee of a food establishment, he or she may secure a morbidity...
• Annual Report; Dissemination of Information - Mich. Comp. Laws Section 289.2117
  The department shall submit to the governor and the legislature an annual report summarizing all judgments, decrees, and court orders, which have been rendered...
• Rules; Evaluation, Consultation, and Training Support to Local Health Departments; Review; Criteria - Mich. Comp. Laws Section 289.2119
  (1) Notwithstanding section 12909(1) of the public health code, MCL 333.12909, the department may promulgate rules to prescribe criteria for food service programs by...
• License Limitations; Notice; Hearing - Mich. Comp. Laws Section 289.2121
  (1) The director may issue a food establishment license with limitations. License limitations may be imposed based upon either of the following determinations: (a)...
• License Limitations; Reevaluation; Removal of Limitations and Reinstatement of License - Mich. Comp. Laws Section 289.2123
  (1) A person whose license has been limited by the director may, at any time, request a reevaluation of the food establishment for the...
• Fees - Mich. Comp. Laws Section 289.2125
  (1) The department shall charge the following fees for the following services: (a) A reissuance of a duplicate license, $15.00. (b) A free-sale letter,...
• Manager Food Safety Training; Conditions for Requiring - Mich. Comp. Laws Section 289.2127
  After a conference with the owner of a retail food establishment for a repeated failure to correct a priority item or priority foundation item...
• Certification of Managerial Employee Under Program Accredited by American National Standards Institute - Mich. Comp. Laws Section 289.2129
  (1) All of the following food establishments shall employ a minimum of 1 managerial employee who is currently certified under a personnel certification program...
• Definition and Standard of Identity; Rules Fixing and Establishing - Mich. Comp. Laws Section 289.2131
  (1) When the department determines such action will promote honesty and fair dealing in the interest of consumers, the department shall promulgate rules fixing...
• Agreements With Other States and Federal Government - Mich. Comp. Laws Section 289.2132
  The department may enter into agreements with other states and the federal government to provide and accept food safety assistance, including the training of...
• Definitions - Mich. Comp. Laws Section 289.3103
  As used in this chapter: (a) "Certified health department" means a county, district, or city health department that meets the criteria for certification of...
• Enforcement; Delegation to Local Health Department; Exceptions - Mich. Comp. Laws Section 289.3105
  (1) The department shall delegate the authority and responsibility for the enforcement of the requirements pertaining to food service establishments contained in this act...
• Enforcement; Delegation to Certified Health Department - Mich. Comp. Laws Section 289.3107
  The director may delegate the authority and responsibility for the enforcement of the requirements pertaining to food processing plants, retail grocers, and food concessions...
• Local Health Departments as Authorized Agents - Mich. Comp. Laws Section 289.3109
  Local health departments that are delegated authority by the director pursuant to this chapter are authorized agents of the director for the purpose of...
• Retention of Authority Under Mcl 333.2401 to 333.2498 - Mich. Comp. Laws Section 289.3111
  The power and authority granted under part 24 of the public health code, MCL 333.2401 to 333.2498, shall be retained by local health departments...
• Compliance With Applicable Local Laws; Conflict - Mich. Comp. Laws Section 289.3113
  A county, city, village, or township shall not regulate those aspects of food service establishments or vending machines which are subject to regulation under...
• Review of License Application by Local Health Department; Inspection of Establishment or Location; Forward of Approval or Limitation to Department - Mich. Comp. Laws Section 289.3115
  (1) A local health department shall promptly review a license application for a food service establishment or vending machine location to determine if the...
• Hearing; Enforcement Procedure; Availability - Mich. Comp. Laws Section 289.3117
  A local health department may apply procedures for enforcement of this act that provide notice and opportunity for a hearing equivalent in effectiveness to...
• Additional License Fees; Collection; Exemptions; Adjustments; Forwarding Applications - Mich. Comp. Laws Section 289.3119
  (1) Except as otherwise provided for in subsection (2), upon submission of an application, an applicant for a food service establishment license shall pay...
• Evaluations; Maintenance and Retention of Records - Mich. Comp. Laws Section 289.3121
  (1) The department or a local health department shall conduct evaluations in compliance with this act. (2) Records for all of the following shall...
• Evaluations; Frequency - Mich. Comp. Laws Section 289.3123
  (1) A compliance evaluation of each food service establishment shall be performed by the director at least once every 6 months or as required...
• Evaluations; Reducing Frequency; Limitation - Mich. Comp. Laws Section 289.3125
  (1) Subject to subsection (3), a local health department, with the approval of the director and based on criteria developed by the department in...
• Evaluation Findings; Report - Mich. Comp. Laws Section 289.3127
  (1) The findings of an evaluation of a food service establishment shall be recorded on an evaluation report form approved by the department. A...
• Foodborne Diseases and Poisonings; Allegation; Investigation; Notice - Mich. Comp. Laws Section 289.3129
  (1) A local health department shall investigate an allegation of foodborne diseases and poisonings or suspected foodborne diseases and poisonings connected with food service...
• Communications System; Development; Implementation; Provisions; Availability of Information - Mich. Comp. Laws Section 289.3131
  (1) A local health department shall develop and implement a communications system with other applicable governmental agencies, individuals, and organizations including, but not limited...
• Analysis of Food Samples; Utilization of Laboratories - Mich. Comp. Laws Section 289.3133
  Laboratories capable of providing the necessary analyses of food samples shall be utilized by a local health department to assist in the conduct of...
• Certification of Local Health Department; Application; Qualifications - Mich. Comp. Laws Section 289.3135
  (1) The department shall make available to any local health department an application form to be completed as a request for certification. The application...
• Reports Made by Certified Health Departments; Review and Evaluation; Conduct of Evaluation Quality Assurance Program; Report to Department; Findings of Department Review or Evaluation - Mich. Comp. Laws Section 289.3137
  (1) The department shall conduct a general review and evaluation of reports and related data made by certified health departments under this act as...
• Notice of Deficiencies; Hearing; Revocation of Certification; Reapplication - Mich. Comp. Laws Section 289.3139
  (1) If a certified health department fails to meet the requirements established in this act or rules promulgated under this act, written notice of...
• Food Establishment License; Scope - Mich. Comp. Laws Section 289.4101
  (1) Except as provided in sections 4102 and 4105, a person shall not operate a food establishment unless licensed by the department as a...
• Cottage Food Operation; Exemption From Licensing and Evaluation Provisions; Requirements - Mich. Comp. Laws Section 289.4102
  (1) A cottage food operation is exempt from the licensing and evaluation provisions of this act. This exemption does not include an exemption from...
• Application for License; Submission; Forms; Information; Mobile Food Establishment License; Commissary Service; Forwarding Recommendations to Department; Temporary License - Mich. Comp. Laws Section 289.4103
  (1) An applicant shall submit an application for a food establishment license at least 30 calendar days before the date planned for its opening...
• Person, Establishment, or Organization Exempt From Licensure - Mich. Comp. Laws Section 289.4105
  (1) Except as otherwise provided for in subsection (2), a person, establishment, or organization that is 1 or more of the following is exempt...
• Food Establishment License; Qualifications - Mich. Comp. Laws Section 289.4107
  To qualify for a food establishment license, an applicant shall do all of the following: (a) Submit an application as required by section 4103....
• Expiration of License; Duration of Temporary License - Mich. Comp. Laws Section 289.4109
  A license, other than a license for a temporary food service establishment, expires at midnight on April 30 each year. The department may issue...
• License Fees; Food Sanitation Fees; Initial Application Fee as Nonrefundable; Convenience Fee - Mich. Comp. Laws Section 289.4111
  (1) The department shall impose the following license fees for each year or portion of a year: (a) Retail food establishment: $67.00. (b) Extended...
• Late Fee; Imposition; Waiver; Retention; Use - Mich. Comp. Laws Section 289.4113
  (1) The department shall impose, for a renewal application postmarked or delivered in person beginning May 1 of each year, a late fee of...
• Shellfish Dealer; Certification Required - Mich. Comp. Laws Section 289.4114
  (1) A person shall not act as a shellfish dealer unless the person has been certified as a shellfish dealer by the department. An...
• Bottled Water; Registration of Brand; Expiration; Late Fee - Mich. Comp. Laws Section 289.4115
  (1) A water bottler or water dispensing machine owner shall register with the department each brand of bottled water with a unique declaration of...
• Receipt of Completed Application; Issuance of License Within Certain Time Period; Report; "completed Application" Defined - Mich. Comp. Laws Section 289.4116
  (1) Beginning the effective date of the amendatory act that added this subsection and notwithstanding any other provision of this act, the department shall...
• Dairy and Food Safety Fund; Credit of Money Collected; Creation; Investment; Lapse; Administration; Consumer Food Safety Education Fund; Industry Food - Safety Education Fund; Creation; Use and Carrying Forward of Funds; "fee - Exempt Food Establishment" Defined - Mich. Comp. Laws Section 289.4117
  (1) Except as provided in subsections (2) and (3), money collected under this chapter by the department shall be credited to the dairy and...
• Posting and Display of License; "conspicuous Place" Explained - Mich. Comp. Laws Section 289.4119
  (1) Except as otherwise provided in subsection (2), a person licensed as a food establishment under this chapter shall keep a copy of the...
• Changes Proposed by Food Establishment; Notice - Mich. Comp. Laws Section 289.4121
  Thirty days before a food establishment proposes either of the following changes, a licensee shall notify the regulatory authority having jurisdiction of that proposed...
• Transfer of License; Limitation - Mich. Comp. Laws Section 289.4123
  (1) A food establishment license is not transferable as to the holder or the location. (2) A shellfish dealer certificate is not transferable as...
• Issuance of License; Requirements; Hearing; Revocation or Suspension of License; Period of Refusal to Issue or Reissue License; Summary Suspension - Mich. Comp. Laws Section 289.4125
  (1) Before a food establishment license, bottled water registration, or shellfish dealer certificate is issued, the director shall determine if the applicant meets the...
• Summary Suspension of License; Petition for Hearing; Commencement of Proceedings; Reinstatement - Mich. Comp. Laws Section 289.4127
  (1) After the regulatory authority receives a petition for a hearing from a license, registration, or certificate holder whose license, registration, or certificate is...
• Denial of License or Registration; Hearing; Commencement; Conduct - Mich. Comp. Laws Section 289.4129
  (1) A license, registration, or certificate applicant may request a hearing regarding the regulatory authority's denial of a new or renewal license, registration, or...
• Prohibited Acts; Violation - Mich. Comp. Laws Section 289.5101
  (1) A person shall not do or cause to be done any of the following: (a) Manufacture, sell, deliver, hold, or offer for sale...
• Misleading Labeling or Advertisement; Liability of Disseminator of Information - Mich. Comp. Laws Section 289.5103
  (1) If a food is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because...
• Administrative Fines or Costs - Mich. Comp. Laws Section 289.5105
  (1) Upon finding that a person violated a provision of this act or a rule promulgated under this act, the department may impose an...
• Violations; Penalties; Costs of Investigation - Mich. Comp. Laws Section 289.5107
  (1) Except as otherwise provided under this act, a person who violates any provision of this act or rules promulgated under this act is...
• Report of Violation as Condition - Mich. Comp. Laws Section 289.5109
  When a violation of section 5101(1)(k) occurs which is not suspected of threatening the safety of food intended for human consumption, the department shall...
• Jurisdiction of Court; Restraining Order - Mich. Comp. Laws Section 289.5111
  In addition to the remedies provided for in this act, the department may apply to the circuit court for, and the court shall have...
• Application of Remedies - Mich. Comp. Laws Section 289.5113
  The regulatory authority shall justly apply the remedies according to law and this act consistent with the licensee's right to due process.
• Decision or Order; Direct Review - Mich. Comp. Laws Section 289.5115
  When a license holder or registrant has exhausted all administrative remedies available under this act and is aggrieved by a final decision or order...
• Incorporation by Reference; Changes or Updates by Rule; Annexes - Mich. Comp. Laws Section 289.6101
  (1) Chapters 1 through 8 of the food code are incorporated by reference except as amended and modified as follows: (a) Where provisions of...
• Plan Review Exemption - Mich. Comp. Laws Section 289.6103
  (1) The following food establishments are exempt from the requirement for plan review and approval specified in section 8-201.11 of the food code: (a)...
• Plans and Specifications; Transmittal Letter; Fees; Rejection - Mich. Comp. Laws Section 289.6105
  (1) A person seeking approval of plans and specifications for a food establishment shall submit a transmittal letter with the plans and specifications. The...
• Plans and Specifications; Review by Director; Revisions; Approval; Expiration; Availability for Inspection - Mich. Comp. Laws Section 289.6107
  (1) The director shall review plans and specifications received under section 6105 as soon as practicable after receipt to determine their completeness and adequacy....
• Plans and Specifications; Conditions to Approval - Mich. Comp. Laws Section 289.6109
  The director may attach any condition to an approval of plans and specifications granted under section 6107 that he or she considers necessary to...
• Approved Plans and Specifications; Submission of Changes; as - Built Plans - Mich. Comp. Laws Section 289.6111
  (1) A license applicant or license holder shall submit in writing to the director a change in approved plans and specifications. Written approval must...
• Rescission of Construction Authorization - Mich. Comp. Laws Section 289.6113
  (1) The director may rescind his or her authorization for construction, conversion, alteration, or remodeling of a food establishment if he or she determines...
• Preopening Evaluation - Mich. Comp. Laws Section 289.6115
  (1) After completion of the construction, alteration, conversion, or remodeling and before the opening of a food service establishment, the license applicant or license...
• Exhaust Ventilation; Design, Construction, and Installation - Mich. Comp. Laws Section 289.6117
  Exhaust ventilation shall be designed, constructed, and installed in compliance with applicable state law.
• Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. - Mich. Comp. Laws
• Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. - Mich. Comp. Laws
• Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. - Mich. Comp. Laws
• Ice Bins and Machines; Connection With Waste Line - Mich. Comp. Laws Section 289.6125
  The waste line from ice storage bins and ice machines shall not be directly connected with another waste line and shall be drained through...
• Repealed. 2009, Act 188, Eff. May 1, 2010. - Mich. Comp. Laws
• Consideration of Risk - Based Evaluation Methodology; Evaluation Report; Priority Items or Priority Foundation Items; Correction - Mich. Comp. Laws Section 289.6129
  (1) The director shall consider the risk-based evaluation methodology as described in food code annex 5, section 4 A-H for conducting evaluations of food...
• Mobile Units With Retention Tanks; Sanitary Disposal of Liquid Waste - Mich. Comp. Laws Section 289.6131
  (1) Each commissary where mobile units with retention tanks are serviced shall provide for the sanitary disposal of liquid waste. (2) The local health...
• Mobile Food Establishment Operating At Fixed Location; Temporary License - Mich. Comp. Laws Section 289.6133
  The director may license as a temporary food service establishment a mobile food establishment which does not return to a commissary or service base...
• Mobile Food Establishment; Affixing Name and Address to Vehicle; Carrying Copy of Limitations; Route Schedule; Decals - Mich. Comp. Laws Section 289.6135
  (1) The name and address of the business operating a mobile food establishment shall be affixed to each side of the exterior of the...
• Special Transitory Food Unit License; Procedures; Qualifications; Noncompliance - Mich. Comp. Laws Section 289.6137
  (1) To qualify for a special transitory food unit license, an applicant shall allow a review and receive approval of plans and specifications as...
• Sulfiting Agents; Prohibition - Mich. Comp. Laws Section 289.6139
  A food service establishment shall not store on the premises or apply to any food prepared in the food service establishment sulfiting agents.
• Milk and Milk Products - Mich. Comp. Laws Section 289.6140
  (1) Only pasteurized ingredients from a department-approved source shall be used for milk and milk products manufactured, sold, served, or prepared at a retail...
• Antichoking Techniques; Display of Poster - Mich. Comp. Laws Section 289.6141
  (1) A food service establishment in which solid foods are sold and consumed on the premises shall prominently display a poster in the kitchen...
• Preparation or Service of Wild Game by Nonprofit Organization; Requirements - Mich. Comp. Laws Section 289.6143
  (1) A charitable, religious, fraternal, or other nonprofit organization that prepares or serves wild game in connection with its meetings or as part of...
• Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. - Mich. Comp. Laws
• Disaster; Cessation of Operations; Report; Emergency Plans as Temporary Alternative Procedures - Mich. Comp. Laws Section 289.6147
  If a food establishment is affected by fire, flooding, accidents, explosions, or other disaster that may create an imminent or substantial hazard and unless...
• Definitions; Satisfaction of Section 3 - 603.11 of Food Code; Statement; Disclosures and Reminders; Text; Exemptions - Mich. Comp. Laws Section 289.6149
  (1) As used in this section: (a) "Publicly available" means accessible to consumers, without their having to request it, before their placing food orders...
• Definitions; Presence or Lack of Artificial Trans Fat; Statement; Language - Mich. Comp. Laws Section 289.6150
  (1) As used in this section: (a) "Artificial trans fat" means an unsaturated fat or fatty acid that is produced by the partial hydrogenation...
• Repealed. 2007, Act 113, Eff. Apr. 1, 2008. - Mich. Comp. Laws
• Compliance With Federal Regulations; Exception - Mich. Comp. Laws Section 289.7101
  Subject to section 1119(2), a food processor and a food warehouse shall comply with 21 CFR part 110, except that refrigerated potentially hazardous food...
• Processing Low - Acid Foods; Requirements - Mich. Comp. Laws Section 289.7103
  (1) All thermally processed, low-acid foods that are packaged in hermetically sealed containers shall be processed in a licensed commercial food establishment. (2) All...
• Control of Molluscan Shellfish - Mich. Comp. Laws Section 289.7104
  (1) @.02 of chapter I and chapters II, VII, IX to XIV, and XVI of the guide for control of molluscan shellfish are incorporated...
• Processor of Seafood; Waiver for Processor of Smoked Fish - Mich. Comp. Laws Section 289.7105
  All processors of seafood shall comply with regulations of the U.S. food and drug administration in 21 CFR part 123. The requirement that a...
• Processors of Juice; Safe Cider Production - Mich. Comp. Laws Section 289.7106
  (1) All processors of juice shall comply with the regulations of the U.S. food and drug administration in 21 CFR part 120. (2) An...
• Bottled Water; Approval of Source and Water Supply; Maximum Levels of Substances; Labeling of Water Dispensing Machine - Mich. Comp. Laws Section 289.7107
  (1) Bottled water shall be obtained from a water supply approved by the department of environmental quality and in compliance with the safe drinking...
• Operation of Bottled Water Plant or Bottle Water; Compliance With Federal Regulations - Mich. Comp. Laws Section 289.7109
  A person shall not operate a bottled water plant or bottle water for the purpose of sale or distribution in this state without first...
• Packaged Food; Compliance With Federal Regulations - Mich. Comp. Laws Section 289.7111
  Packaged food shall comply with standard of identity requirements in 21 C.F.R. parts 131 to 169 and the definitions and standards of identity or...
• Adoption of Federal Regulations - Mich. Comp. Laws Section 289.7112
  (1) 21 CFR parts 1, 70, 73, 74, 81, 82, and 100 to 199, as set forth on the effective date of the amendatory...
• Definitions - Mich. Comp. Laws Section 289.7113
  As used in this chapter: (a) "Added fat" means the addition of fat tissue originating from portions consisting of less than 12% muscle tissue...
• Shell Eggs - Mich. Comp. Laws Section 289.7114
  (1) U.S. standards for shell eggs are adopted by reference. (2) Eggs described by United States department of agriculture as black rots, white rots,...
• Sausage; Contents; Definitions - Mich. Comp. Laws Section 289.7115
  Sausage consists only of skeletal meat either fresh, cured, salted, pickled, or smoked. Poultry sausage may contain accompanying skin in natural proportions. Sausage may...
• Hamburger or Ground Beef; Contents - Mich. Comp. Laws Section 289.7117
  Hamburger or ground beef consists of fresh beef meat that has been comminuted and shall be identified as either hamburger or ground beef. Hamburger...
• Other Comminuted Meat Food Products; Compliance With Federal Regulations - Mich. Comp. Laws Section 289.7119
  Other comminuted meat food products, including nonspecific loaves and liver products, headcheese, blood sausage, kishka, tongue sausage, chili con carne with beans, or any...
• Chili or Chili Con Carne; Contents - Mich. Comp. Laws Section 289.7121
  Chili or chili con carne shall consist of not less than 40% of meat computed on the weight of the fresh meat and shall...
• Meat Loaf; Contents - Mich. Comp. Laws Section 289.7123
  Meat loaf consists of comminuted meat, processed in the form of a loaf, containing not less than 65% meat. Meat loaf mix consists of...
• Ground Lamb, Chicken, Turkey, and Veal; Contents - Mich. Comp. Laws Section 289.7125
  Ground lamb, chicken, turkey, and veal shall not contain any added water or ice, artificial flavoring, by-products or variety meats, binders, extenders, artificial color,...
• Meat Pattie; Contents - Mich. Comp. Laws Section 289.7127
  "Meat pattie" is a product prepared in pattie form. "Meat pattie mix" is a product sold in bulk uncooked form. Meat patties and meat...
• Food Subject to Standards; Identification; Common or Usual Name - Mich. Comp. Laws Section 289.7129
  (1) If a food is subject to a standard established under this chapter, it shall be identified by the name required by that standard....
• Federally Inspected Meats; Preemption of State Ingredient Standards - Mich. Comp. Laws Section 289.7131
  A person shall not sell or offer for sale a product that is not manufactured to the ingredient standards of this act unless the...
• Artificial Casings or Containers; Products Considered as Adulterated - Mich. Comp. Laws Section 289.7133
  (1) All products manufactured under terms of this chapter may be sold in colored artificial casings or containers only if the products are in...
• Experimental Packs of Food; Temporary Permits - Mich. Comp. Laws Section 289.7135
  (1) Temporary permits granted for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are...
• Food Additives; Limitation - Mich. Comp. Laws Section 289.7137
  Food shall not contain unapproved food additives or additives that exceed amounts specified in 21 CFR parts 170 to 180 relating to food additives,...
• Packaged Food; Label Requirements - Mich. Comp. Laws Section 289.8101
  Packaged food shall be labeled as specified in 21 C.F.R. part 101, 9 C.F.R. part 317, and subpart N of part 381 of title...
• Bulk Displays of Unpackaged Food and Drink; Salad Bar; Sign Requirements; Placard - Mich. Comp. Laws Section 289.8103
  (1) All bulk displays of unpackaged food and drink offered for sale at a retail food establishment, including salad bars, which contain a detectable...
• Prohibited Acts - Mich. Comp. Laws Section 289.8105
  (1) A person shall not do any of the following: (a) Make, publish, disseminate, circulate, or place before the public any advertisement containing any...
• Definitions; Prepackaged Perishable Food; Date; Prohibited Sales; Advertisement of Food Sold After Date; Alteration of Date Prohibited; Calculation of Date; Exceptions - Mich. Comp. Laws Section 289.8107
  (1) As used in this section: (a) "Date" means 1 of the following: (i) For perishable food, the recommended last day of sale. (ii)...
• Foods Sold or Distributed From Manufacturing, Processing, Packing, or Repacking Activity; Identification - Mich. Comp. Laws Section 289.8109
  All products that are sold or otherwise distributed from a manufacturing, processing, packing, or repacking activity shall be marked with a meaningful, visible, and...
• Vinegar; Requirements and Restrictions; Definitions - Mich. Comp. Laws Section 289.8111
  (1) A person shall not manufacture for sale, offer or expose for sale, sell or deliver, or have in his or her possession with...

Last modified: March 17, 2013