Bill Summary – FastDemocracy

HOUSE BILL NO. 5024
     September 20, 2023, Introduced by Rep. Farhat and referred to the Committee on Agriculture.
          A bill to amend 2000 PA 92, entitled
    "Food law,"
    by amending sections 1111 and 4102 (MCL 289.1111 and 289.4102),
    section 1111 as amended by 2018 PA 92 and section 4102 as amended
    by 2012 PA 178.
                      THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 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, or
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 otherwise treated in their unpeeled natural form before marketing.
       (b) "Regulatory authority" means the department, the local
 health department, or the authorized representative having
 jurisdiction over the food establishment.
       (c) "Retail food establishment" means an operation that sells
 or offers to sell food directly to a consumer. Retail food
 establishment includes both a retail grocery and a food service
 establishment, but does not include a food processor.
       (d) "Retail grocery" means an operation that sells or offers
 to sell food to consumers for off-premises consumption. Food for
 off-premises consumption does not include take-out food intended
 for immediate consumption.
       (e) "Rules" means administrative rules promulgated under this
 act pursuant to in accordance with the administrative procedures
 act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
       (f) "Shellfish dealer" means an interstate wholesaler handling
 shellfish.
       (g) "Shellfish dealer certification" means the issuance of a
 numbered certificate to a person indicating that the person is in
 compliance with the requirements of the guide for the control of
 molluscan shellfish and that the person has permission from the
 department to conduct 1 or more of the following shellfish
 activities, as defined in the guide for the control of molluscan
 shellfish:
       (i) Shellstock shipper.
       (ii) Shucker packer.
       (iii) Repacker or reshipper.
       (h) "Smoked fish rules" means R 285.569.1 to R 285.569.19 of
 the Michigan Administrative Code.
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         (i) "Special transitory food unit" means a temporary food
 establishment that is licensed to operate throughout the this state
 without the 14-day limits or a mobile food establishment that is
 not required to return to a commissary.
         (j) "Staple foods" does not include accessory foods such as
 coffee, tea, cocoa, soda, noncarbonated drinks such as sports
 drinks, punches, and flavored waters, candy, condiments, spices,
 hot foods, or foods ready to go or made to take out, such as
 prepared sandwiches or salads.
         (k) "Sulfiting agents" means any of the following:
         (i) Sulfur dioxide.
         (ii) Sodium sulfite.
         (iii) Sodium bisulfite.
         (iv) Potassium bisulfite.
         (v) Sodium metabisulfite.
         (vi) Potassium metabisulfite.
         (l) "Temporary food establishment" means a food establishment
 that operates at a fixed location for a temporary period not to
 exceed 14 consecutive days.
         (m) "Temporary license" means a written authorization issued
 by the director to operate for a specified limited time period.
         (n) "Third-party food delivery platform" means a company or
 website, mobile application, or other internet service that offers
 or arranges for the sale and same-day pickup and delivery of
 prepared food from a food service establishment.
         (o) (n) "Transient tenant" means a person an individual who
 rents a room in a bed and breakfast for fewer than 30 consecutive
 days.
         (p) (o) "Trimming" means removing leaves, roots, and other
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 extraneous materials in preparation for grading, sorting, and sale
 as a whole fruit or vegetable. Trimming does not remove the peel or
 core and does not further cut the whole fruit or vegetable.
       (q) (p) "U.S. standards for shell eggs" means "United States
 Standards, Grades, and Weight Classes for Shell Eggs", AMS 56 (July
 20, 2000), United States Department of Agriculture.
       (r) (q) "Vending company base location" means a vending
 machine location or other food establishment required to be
 separately licensed under section 4105(5).
       (s) (r) "Vending machine" means a self-service device that,
 upon insertion of after inserting a coin, paper currency, token,
 card, or key, or by manual operation, dispenses a unit servings
 serving of food in bulk or in packages a package without the
 necessity of replenishing the device between each vending
 operation. Vending machine does not include any of the following:
       (i) A device that dispenses only bottled or canned soft drinks,
 ; other packaged nonperishable foods or beverages, ; or bulk ball
 gum, nuts, and or panned candies.
       (ii) A water-dispensing water dispensing machine that is
 registered under chapter IV.section 4115.
       (t) (s) "Vending machine location" means the room, enclosure,
 space, or area in which 1 or more vending machines are installed
 and operated, or a micro market.
       (u) (t) "Wholesale" means selling other than directly to
 consumers.
       (v) (u) "Wild game" means animals from their natural state and
 not cultivated, domesticated, or tamed.
       Sec. 4102. (1) A cottage food operation is exempt from the
 licensing and evaluation provisions of this act. This exemption
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 does not include an exemption from the adulteration and other
 standards imposed in this section or under this act, or both, and
 does not limit the ability of the department to take appropriate
 enforcement action for applicable violations as described in
 section 5101. This subsection does not require a cottage food
 operation to meet the standards contained in 21 CFR part 110 or the
 food code.
       (2) Cottage food products shall must be prepackaged and
 properly labeled prior to before sale.
       (3) At a minimum, Except as otherwise provided in subsection
 (9), a cottage food operation shall place on the label of any food
 it produces or packages the following information:
       (a) The One of the following:
       (i) The name and address of the business of the cottage food
 operation.
       (ii) The name, telephone number, and registration number issued
 under subsection (8) of the business of the cottage food operation.
       (b) The name of the cottage food product.
       (c) The ingredients of the cottage food product, in descending
 order of predominance by weight.
       (d) The net weight or net volume of the cottage food product.
       (e) Allergen labeling as specified by federal labeling
 requirements.
       (f) If any nutritional claim is made, appropriate labeling as
 specified by federal labeling requirements.
       (g) The following statement printed in at least the equivalent
 of 11-point font size in a color that provides a clear contrast to
 the background: "Made in a home kitchen that has not been inspected
 by the Michigan department of agriculture and rural development.".
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       (4) Cottage Except as otherwise provided in this subsection, a
 cottage food products may product must be sold directly from the
 cottage food operation to the consumer. only, and not by internet
 or mail order. Sales by consignment or at wholesale are prohibited.
 A cottage food product may be sold by internet or mail order or may
 be delivered to a consumer through a third-party food delivery
 platform if the cottage food operation provides an opportunity for
 a consumer to directly interact with the cottage food operation
 before the cottage food product is sold. A cottage food product
 sold by internet or mail order or delivered through a third-party
 food delivery platform must be sold or delivered only to a consumer
 in this state. As used in this subsection:
       (a) "Directly interact with" includes either a face-to-face
 meeting or a virtual meeting.
       (b) "Virtual meeting" includes, but is not limited to, a
 meeting in which communication occurs electronically in a manner
 that permits 2-way communications so that participants can see or
 be seen and hear or be heard by all parties to the communication.
       (5) The gross sales of cottage food products by a cottage food
 operation shall not exceed $20,000.00 annually until December 31,
 2017. After December 31, 2017, the The gross sales of cottage food
 products by a cottage food operation shall must not exceed
 $25,000.00 $43,000.00 annually until January 1, 2024. After January
 1, 2024, the department shall annually adjust the gross sales
 amount in this subsection by the percentage by which the Detroit
 Consumer Price Index exceeds or is less than the Detroit Consumer
 Price Index for the preceding calendar year. For the purposes of
 this subsection, gross sales shall must be computed on the basis of
 the amount of gross sales within or at a particular domestic
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 residence and shall must not be computed on a per-person basis
 within or at that domestic residence. The department may request,
 in writing, documentation to verify the annual gross sales figure.
 As used in this subsection, "Detroit Consumer Price Index" means
 the most comprehensive index of consumer prices available for the
 Detroit area from the United States Department of Labor, Bureau of
 Labor Statistics.
       (6) Cottage food products shall must be stored only in the
 primary domestic residence.
       (7) 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.
       (8) If the MSU Product Center administers a registration
 program for cottage food operations, the records of which must be
 available to the department on request, a cottage food operation
 may register with the MSU Product Center. The MSU Product Center
 may do both of the following:
       (a) Issue a document that evidences the granting of a
 registration and contains an identifying number unique to a cottage
 food operation.
       (b) Collect a 1-time registration fee of not more than $50.00
 to administer the registration program.
       (9) A cottage food operation that registers with the MSU
 Product Center under subsection (8) shall include on the label
 described under subsection (3) the registration number issued to
 the cottage food operation, if applicable. A cottage food operation
 that does not register with the MSU Product Center under subsection
 (8) shall include on the label described in subsection (3) the name
 and address of the cottage food operation.
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       (10) Information obtained under subsection (8) is exempt from
 disclosure under the freedom of information act, 1976 PA 442, MCL
 15.231 to 15.246.
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Statutes affected: 
House Introduced Bill: 289.1111, 289.4102