Legislative Analysis
Phone: (517) 373-8080
FOOD SERVICE ESTABLISHMENT DEFINITION
http://www.house.mi.gov/hfa
House Bill 5911 as introduced Analysis available at
Sponsor: Rep. Tyrone Carter http://www.legislature.mi.gov
Committee: Regulatory Reform
Complete to 11-11-24
SUMMARY:
House Bill 5911 would amend the Food Law to exclude rental halls that do not have a kitchen
or food preparation space and that do not prepare food on the premises from the definition of
food service establishment that applies under the act. The term currently includes all rental
halls, and under the bill it would continue to include rental halls that have a kitchen or food
preparation area (i.e., space).
MCL 289.1107
FISCAL IMPACT:
Under the Food Law, the Michigan Department of Agriculture and Rural Development
(MDARD) has responsibility for a food service establishment regulatory program. There are
approximately 35,000 food service establishments in Michigan. Actual regulatory program
work is delegated to local public health departments, which perform plan reviews, conduct
inspections, process license applications, take enforcement actions, investigate complaints, and
conduct foodborne illness outbreak investigations. Local health departments establish fees for
the local food service establishment inspection programs. With limited exceptions, the Food
Law does not establish the amount of these local fees. However, section 3119 of the Food Law
does establish state fees, which are in addition to local public health licensing fees. These state
food service establishment licensing fees are collected by the local health department, remitted
to MDARD, credited to the state restricted Dairy and Food Safety Fund, and used for MDARD
food safety programs, as appropriated.
In amending the definition of food service establishments to exclude rental halls that do not
have kitchens, House Bill 5911 could affect the work of local public health departments and
related fee revenue, although the amount cannot be readily estimated at this time.
Legislative Analyst: Alex Stegbauer
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 Page 1 of 1


Statutes affected:
House Introduced Bill: 289.1107