Bill Summary – FastDemocracy

HOUSE BILL NO. 5486
     February 22, 2024, Introduced by Rep. Schriver and referred to the Committee on Government
        Operations.
          A bill to amend 2000 PA 92, entitled
    "Food law,"
    by amending section 1107 (MCL 289.1107), as amended by 2016 PA 188.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 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 his or
 her designee.
       (c) "Domestic residence" means a single-family dwelling or an
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 area within a rental unit where a single person individual or
 family actually resides. Domestic residence does not include either
 of the following:
       (i) A group or communal residential setting within any type of
 structure.
       (ii) An outbuilding, shed, barn, or other similar structure.
       (d) "Egg" does not include a balut, which is an embryo inside
 a fertile egg that has been incubated for a period sufficient for
 the embryo to reach a specific stage of development after which it
 is removed from incubation before hatching.
       (e) "Evaluation" means a food safety audit, inspection, or
 food safety and sanitation assessment, whether announced or
 unannounced, that identifies violations or verifies compliance with
 this act and determines the degree of active control by food
 establishment operators over foodborne illness risk factors.
       (f) "Extended retail food establishment" means a retail
 grocery that does both of the following:
       (i) Serves or provides an unpackaged food for immediate
 consumption.
       (ii) Provides customer seating in the food service area.
       (g) "Fair" means a fair or exhibition operated and managed
 under 1929 PA 11, MCL 46.151 to 46.153, or held by an agricultural
 or horticultural society under 1855 PA 80, MCL 453.231 to 453.240.
       (h) "Fair concession" means a food concession, storage,
 preparation, or dispensing operation at a state or county fair.
       (i) "Farmers' market" means a public and recurring assembly of
 farmers or their representatives selling directly to consumers food
 and products that the farmers have produced themselves. In
 addition, the market may include a variety of other vendors as
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 determined by market management.
       (j) "Federal act" means the federal food, drug, and cosmetic
 act, chapter 675, 52 Stat. 1040, 21 USC 301 to 399d, 399f, as in
 effect on October 1, 2012.
       (k) "Festival" means an event, staged by a local community or
 local organization, that centers on and celebrates a certain aspect
 of that community or organization. Festival includes, but is not
 limited to, a fair, art show, chili cook-off, car show, hot air
 balloon festival, religious festival, drama festival, or cultural
 festival.
       (l) "First receiver" means a person who that receives eggs from
 a producer at any place of business and candles, grades, sorts,
 packs, or packages the eggs.
       (m) "Food" means articles used for food or drink for humans or
 other animals, chewing gum, and articles used for components of any
 such article.
       (n) "Food additive" means any substance, the intended use of
 which, directly or indirectly, results in or may be reasonably
 expected to result in its becoming a component or otherwise
 affecting the characteristics of any food if that substance is not
 generally recognized among experts as having been adequately shown
 through scientific procedures to be safe under the conditions of
 its intended use. Food additive includes any substance intended for
 use in producing, manufacturing, packing, processing, preparing,
 treating, packaging, transporting, or holding food and includes any
 source of radiation intended for any use. Food additive does not
 include any of the following:
       (i) A pesticide chemical in or on a raw agricultural commodity.
       (ii) A pesticide chemical to the extent that it is intended for
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 use or is used in the production, storage, or transportation of any
 raw agricultural commodity.
       (iii) A color additive.
       (iv) Any substance used in accordance with a sanction or
 approval granted before the enactment of the food additives
 amendment of 1958, Public Law 85-929, pursuant to the federal act,
 the poultry products inspection act, 21 USC 451 to 472, or the
 federal meat inspection act, 21 USC 601 to 683.
       (o) "Food code" means "Food Code, 2009 Recommendations of the
 United States Public Health Service, Food and Drug Administration",
 which regulates the design, construction, management, and operation
 of certain food establishments.
       (p) "Food establishment" means an operation where food is
 processed, packed, canned, preserved, frozen, fabricated, stored,
 prepared, served, vended, sold, or offered for sale. Food
 establishment includes, but is not limited to, a food processor, a
 food warehouse, a food service establishment, a vending machine
 location, and a retail grocery. Food establishment does not include
 any of the following:
       (i) A charitable, religious, fraternal, or other nonprofit
 organization operating a home-prepared baked goods sale or serving
 only home-prepared food in connection with its meetings or as part
 of a fund-raising event.
       (ii) An inpatient food operation located in a health facility
 or agency subject to licensure under article 17 of the public
 health code, MCL 333.20101 to 333.22260.333.22121.
       (iii) A food operation located in a prison, jail, state mental
 health institute, boarding house, fraternity or sorority house,
 convent, or other facility where the facility is the primary
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 residence for the occupants and the food operation is limited to
 serving meals to the occupants as part of their living arrangement.
       (q) "Food processor" means a food establishment that
 processes, manufactures, wholesales, packages, labels, or stores
 food. Food processor does not include a maple syrup producer.
 Processing is an act, such as canning, freezing, dehydrating,
 drying, distilling, extracting, preserving, grinding, crushing,
 milling, washing, trimming, packing, or otherwise preserving or
 changing the form of a food.
       (r) "Food safety and sanitation assessment" means judging or
 assessing specific food handling activities, events, conditions, or
 management systems to determine their potential effectiveness in
 controlling risks for foodborne illness and their compliance with
 this act, accompanied by a report of findings.
       (s) "Food safety audit" means the methodical examination and
 review of records, food sources, food handling procedures, and
 facility cleaning and sanitation practices for compliance with this
 act, accompanied by a report of findings. Food safety audit
 includes checking or testing, or both, of observable practices and
 procedures to determine compliance with standards contained in or
 adopted by this act, accompanied by a report of findings.
       (t) "Food service establishment" means a fixed or mobile
 restaurant, coffee shop, cafeteria, short order cafe, luncheonette,
 grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail
 lounge, nightclub, drive-in, industrial feeding establishment,
 private organization serving the public, rental hall, catering
 kitchen, delicatessen, theater, commissary, food concession, or
 similar place in which food or drink is prepared for direct
 consumption through service on the premises or elsewhere, and any
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 other eating or drinking establishment or operation where food is
 served or provided for the public. Food service establishment does
 not include any of the following:
         (i) A motel that serves continental breakfasts only.
         (ii) A bed and breakfast that has 10 or fewer sleeping rooms
 for rent.
         (iii) A bed and breakfast that has more than 10 sleeping rooms
 for rent, if the bed and breakfast serves continental breakfasts
 only.
         (iv) A child care organization regulated under 1973 PA 116, MCL
 722.111 to 722.128, unless the establishment is carrying out an
 operation considered by the director to be a food service
 establishment.
         (v) A vending machine location. However, if a food service
 establishment operates a vending machine location on the same
 premises, the vending machine location is considered part of the
 food service establishment.
         (u) "Food warehouse" means a food establishment that stores or
 distributes food for wholesale.
         Enacting section 1. This amendatory act does not take effect
 unless Senate Bill No.____ or House Bill No. 5477 (request no.
 01038'23) of the 102nd Legislature is enacted into law.
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Statutes affected: 
House Introduced Bill: 289.1107