HOUSE BILL No. 5399 February 17, 2000, Introduced by Reps. Baird and Martinez and referred to the Committee on Agriculture and Resource Management. A bill to amend 1968 PA 39, entitled "Michigan food law of 1968," by amending section 17 (MCL 289.717). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 17. (1) A food isdeemedCONSIDERED misbranded IF 2 ANY OF THE FOLLOWING APPLY: 3 (a)If itsITS labeling is false or misleading in any 4 particular. 5 (b)If itIT is offered for sale under the name of another 6 food. 7 (c)If itIT is an imitation of another food for which a 8 definition and standard of identity has been prescribed by regu- 9 lations as provided by section 15 or under the federal act; or if 10 it is an imitation of another food that is not subject to 11subsectionSUBDIVISION (g),of this section,unless its label 05446'99 LBO 2 1 bears, in type of uniform size and prominence, the word 2 "imitation", and, immediately thereafter, the name of the food 3 imitated. 4 (d)If itsITS container is so made, formed or filled as 5 to be misleading. 6 (e)IfIT IS in package form, unless it bears a label con- 7 taining (1) the name and place of business of the manufacturer, 8 packer, or distributor; and (2) an accurate statement of the 9 quantity of the contents in terms of weight, measure, or numeri- 10 cal count,except that reasonable variations are permitted,11 and exemptions as to small packages shall be established by regu- 12 lations prescribed by the department. 13 (f)If anyANY word, statement, or other labeling required 14 by or under authority of this act is not prominently placed on 15 the label with conspicuousness,and in such terms as to render 16 it likely to be read and understood. 17 (g)If itIT purports to be or is represented as a food 18 for which a definition and standard of identity has been pre- 19 scribed by regulations as provided by section 15 or under the 20 federal act,unless it conforms to such definition and stan- 21 dard,and its label bears the name of the food specified in 22 the definition and standard,and, insofar as may be required 23 by the regulations, the common names of optional ingredients, 24 other than spices, flavoring, and coloring, present in such 25 food. 26 (h)If itIT purports to be or is represented as EITHER OR 27 BOTH OF THE FOLLOWING: 05446'99 3 1 (1) A food for which a standard of quality has been 2 prescribed by regulations as provided by section 15 and its qual- 3 ity falls below such standard unless its label bears, in such 4 manner and form as such regulations specify, a statement that it 5 falls below such standard. 6 (2) A food for which a standard or standards of fill of con- 7 tainer have been prescribed by regulation as provided by section 8 15,and it falls below the standard of fill of container 9 applicable thereto,unless its label bears, in such manner and 10 form as the regulations specify, a statement that it falls below 11 the standard. 12 (i)If itIT is not subject to the provisions of subdivi- 13 sion (g)of this section,unless it bears labeling clearly 14 giving(1)the common or usual name of the food, if any,there15be,and(2)in case it is fabricated from 2 or more ingredi- 16 ents, the common or usual name of each ingredient;except that 17 spices, flavorings, and colorings, other than those sold as such, 18 may be designated as spices, flavorings, and colorings, without 19 naming each AND UNDER CIRCUMSTANCES AS ESTABLISHED BY RULES 20 REGARDING EXEMPTIONS BASED UPON PRACTICALITY, POTENTIAL DECEP- 21 TION, AND UNFAIR COMPETITION.To the extent that compliance22with the requirements of clause (2) of this subdivision is23impractical or results in deception or unfair competition, exemp-24tions shall be established by regulations promulgated by the25department.26 (j)If itIT bears or contains any artificial flavoring, 27 artificial coloring, or chemical preservative,unlessit05446'99 4 1bearsTHE labelingstatingSTATES that fact AND UNDER OTHER 2 CIRCUMSTANCES AS ESTABLISHED BY RULES REGARDING EXEMPTIONS BASED 3 UPON PRACTICALITY.To the extent that compliance with the4requirements of this paragraph is impracticable, exemptions shall5be established by regulations promulgated by the director.6 (k) If it purports to be or is represented for special 7 dietary uses, unless its label bears such information concerning 8 its vitamin, mineral, or other dietary properties as the depart- 9 ment determines to be and by regulations prescribed, as necessary 10 in order to fully inform purchasers as to its value for such uses 11 AND UNDER CIRCUMSTANCES AS ESTABLISHED BY RULES REGARDING EXEMP- 12 TIONS BASED UPON PRACTICALITY.To the extent that compliance13with the requirements of this subdivision is impracticable,14exemptions shall be established by regulations promulgated by the15department.16 (l) If it is a product intended as an ingredient of another 17 food and when used according to the directions of the purveyor 18 will result in the final food product being adulterated or 19 misbranded. 20 (m) If it is a color additiveunless itsWHOSE packaging 21 and labeling are NOT in conformity with such packaging and label- 22 ing requirements applicable to such color additive prescribed 23 under the provisions of the federal act. 24 (N) IT IS GENETICALLY MODIFIED FOOD OR COMES FROM A GENETI- 25 CALLY MODIFIED ORGANISM WITHOUT BEING CLEARLY LABELED AS SUCH IN 26 A MANNER ACCEPTABLE TO THE DEPARTMENT. 05446'99 5 1 (2) AS USED IN THIS SECTION: 2 (A) "GENETICALLY MODIFIED FOOD" MEANS A FOOD THAT IS DERIVED 3 FROM A GENETICALLY MODIFIED ORGANISM OR FROM A PLANT OR ANIMAL 4 FED OR TREATED WITH MATERIALS FROM A GENETICALLY MODIFIED 5 ORGANISM. GENETICALLY MODIFIED FOOD INCLUDES A FOOD PRODUCT CON- 6 TAINING AN INGREDIENT FROM A GENETICALLY MODIFIED ORGANISM OR A 7 PLANT OR ANIMAL FED OR TREATED WITH MATERIALS FROM A GENETICALLY 8 MODIFIED ORGANISM. 9 (B) "GENETICALLY MODIFIED ORGANISM" MEANS AN ORGANISM WHOSE 10 GENOME HAS BEEN ALTERED USING CELLULAR AND MOLECULAR METHODS FOR 11 GENETIC MODIFICATION THAT IS NOT TRADITIONALLY USED TO SELECT 12 BENEFICIAL GENETIC TRAITS. 05446'99 Final page. LBO