Michigan Compiled Laws — FOOD LAW (Act 92 of 2000)

Short title.

This act shall be known and may be cited as the "food law".

Scope.

The provisions of this act regarding the selling of food shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any food for sale; and the sale, dispensing and giving of food, serving, and the supplying of food in the conduct of any food establishmen…

Definitions; A to C; unsafe substances, additives, or chemicals.

(1) As used in this act: (a) "Adulterated" means food to which any of the following apply: (i) It bears or contains a poisonous or deleterious substance that may render the food injurious to health unless the substance is not an added substance and the quantity of that substance in the food does not ordinarily render i…

Definitions; D to F.

***** 289.1107 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2026 REGULAR SESSION SINE DIE: See 289.1107.amended ***** 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 design…

Definitions; D to F.

***** 289.1107.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2026 REGULAR SESSION SINE DIE ***** 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 the director's designee. (c) "D…

Definitions; G to P.

As used in this act: (a) "Guide for the control of molluscan shellfish" means section II, model ordinance, national shellfish sanitation program guide for the control of molluscan shellfish, 2009, recommendations of the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration. (…

Definitions; R to W.

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 otherwise treated in their unpeeled natural form before marketing. (b) "Regulatory authority" means the department, local health department, or authorized representative having…

Terms defined in act; meanings; use of terms "critical violation" and "noncritical violation."

(1) A term defined in the food code has the same meaning when used in this act, except as specifically defined in this act. (2) The terms "critical violation" and "noncritical violation" shall not be used by a regulatory authority to classify violations of the food code.

Rules; “act” and “establishment” defined.

(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 Michigan administrative code, the following terms have the following meanings for purposes of those rules: (a) "Act" means the food law of 2000, 2000 PA 92, MCL 2…

Authority and powers of director.

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 333.2498, for the enforcement of this act.

Powers and duties of director.

(1) The director shall provide for the administration and enforcement of this act. The director may delegate enforcement and administration of this act to certain local health departments in the manner provided for in chapter III. (2) The director shall investigate complaints and initiate and conduct other investigatio…

Seizure or embargo of food without warrant; tag or marking as notice of adulterated or misbranded food; complaint; findings and order of court.

(1) When necessary for the enforcement of this act, the director may seize without formal warrant any food found to be sold, held for sale, or exposed for sale in violation of this act or rules promulgated under this act. (2) If the director finds or has probable cause to believe that any food is adulterated or so misb…

Adulterated food as nuisance.

(1) If the director finds any adulterated food that the director declares to be a nuisance, the director shall immediately condemn, destroy, or in any other manner render the food unsaleable as human food. (2) If adulterated or misbranded food is a nuisance, is dangerous to the public health, or is fraudulent and requi…

Destruction of seized food.

If storage of seized food is not possible without risk to the public health, the director shall order immediate destruction of the food to be accomplished without delay by the owner, operator, or person in charge of the food establishment. The food shall be destroyed as specified in the order for destruction.

Evaluation of food establishment by director; access; securing samples of food; examination of records; photographs or copies of records as evaluation; confidentiality.

(1) The director shall have free access at reasonable hours to any food establishment, including a vehicle used to transport or hold food, for the purpose of evaluating that food establishment or vehicle to determine if this act or rules promulgated under this act are being violated. The director may secure samples of…

Order to cease food operations; resumption; reevaluation; hearing.

(1) The director may order immediate cessation of operation of a food establishment upon a determination that continued operation would create an imminent or substantial hazard to the public health. (2) A food establishment ordered to cease food operations under subsection (1) shall not resume operations until the dire…

Disease transmission by employee; investigations.

If the director has reasonable cause to suspect disease transmission by an employee of a food establishment, he or she may secure a morbidity history of the suspected employee and make other investigations as he or she considers necessary.

Annual report; dissemination of information.

The department shall submit to the governor and the legislature an annual report summarizing all judgments, decrees, and court orders, which have been rendered by the department under this act, including the nature of the charge and the disposition thereof. The department may disseminate information regarding food as i…

Rules; evaluation, consultation, and training support to local health departments; review; criteria.

(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 local health departments. The department in promulgating these rules shall seek the advice and counsel of local health departments and the food service in…

License limitations; notice; hearing.

(1) The director may issue a food establishment license with limitations. License limitations may be imposed based upon either of the following determinations: (a) The site, facility, sewage disposal system, equipment, water supply, or the food supplies, protection, storage, preparation, display, service, or transporta…

License limitations; reevaluation; removal of limitations and reinstatement of license.

(1) A person whose license has been limited by the director may, at any time, request a reevaluation of the food establishment for the purpose of removing the limitation and reinstating the full license. (2) Based upon its reevaluation, if the director determines that the conditions for removal of the license limitatio…

Access to markets for food; certificate of free sale; application; fees; "certificate of free sale" defined.

(1) To facilitate continued access to markets for food, the department may do 1 or both of the following: (a) At the request of a food processor or based upon records voluntarily supplied by a food processor, inspect, audit, or certify a food establishment where food is processed or manufactured in this state. (b) Issu…

Fees for certain services.

(1) The department shall charge the following fees for the following services: (a) A reissuance of a duplicate license, $15.00. (b) An evaluation of a food establishment if the evaluation is a second reevaluation of a food establishment that has already been evaluated and found to have a priority item or priority found…

Manager food safety training; conditions for requiring.

After a conference with the owner of a retail food establishment for a repeated failure to correct a priority item or priority foundation item violation, the director may require certain individuals to complete manager food safety training for that food establishment.

***** Subsection (2) is not applicable after December 31, 2020 ***** Sec. 2129. (1) Subject to subsection (2), all of the following food establishments shall employ a minimum of 1 managerial employee as a food safety manager, who must be an individual who is currently certified under a personnel certification program a…