Legislative Analysis
Phone: (517) 373-8080
SALES THRESHOLD FOR LICENSURE EXEMPTION FOR
http://www.house.mi.gov/hfa
RETAIL OUTLETS SELLING MAPLE SYRUP OR HONEY
Analysis available at
Senate Bill 882 as passed by the Senate http://www.legislature.mi.gov
Sponsor: Sen. Sam Singh
House Committee: Agriculture
Senate Committee: Energy and Environment
Complete to 12-10-24
SUMMARY:
Senate Bill 882 would amend section 4105 of the Food Law to increase the threshold for how
much honey or maple syrup can be sold before licensure by the Michigan Department of
Agriculture and Rural Development (MDARD) is required under the act.
Currently, section 4105 provides for an exemption from licensure as a food establishment or
food processing facility involving the sale or processing of honey or maple syrup if the
producer has gross sales of $15,001 or less. If a retail outlet is owned by the producer and sells
only prepackaged honey or maple syrup that was made in Michigan and the processing facility
is licensed, then the retail outlet is exempt from having to become licensed as a food
establishment under the Food Law.
The bill would increase this sales threshold to $25,000, 1 matching the existing threshold for
the value of foods that are allowed to be sold under the state’s cottage food laws without the
individual making those goods needing to obtain licensure. Honey and maple syrup are not
considered cottage food products under state law.
Cottage food product means a food that is not potentially hazardous food as that term
is defined in the Food Code. Examples of cottage food product include jams, jellies,
dried fruit, candy, cereal, granola, dry mixes, vinegar, dried herbs, and baked goods
that do not require temperature control for safety.
Cottage food product does not include any potentially hazardous food regulated under
21 CFR parts 113 and 114, 2 examples of which include meat and poultry products;
salsa; milk products; bottled water and other beverages; and home-produced ice
products. Cottage food product also does not include canned low-acid fruits or acidified
vegetables and other canned foods except for jams, jellies, and preserves as defined in
21 CFR part 150. 3
MCL 289.4105
1
House Bill 6131 proposes to increase this threshold to $45,000 by default, with the potential for up to $75,000 in
annual gross sales.
2
https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-113 and https://www.ecfr.gov/current/title-
21/chapter-I/subchapter-B/part-114
3
https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-150
House Fiscal Agency Page 1 of 2
FISCAL IMPACT:
Senate Bill 882 would have no direct fiscal impact for the state or local units of government.
Legislative Analyst: Josh Roesner
Fiscal Analyst: William E. Hamilton
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency SB 882 as passed by the Senate Page 2 of 2
Statutes affected: Senate Introduced Bill: 289.4105
As Passed by the Senate: 289.4105