FOOD LAW:  SCHOOL KITCHEN FEES

PAID TO LOCAL HEALTH DEPARTMENTS

House Bill 5951 (Substitute H-3)

Sponsor:  Rep. Michael Sak

Committee:  Agriculture

Complete to 6-26-08

A REVISED SUMMARY OF HOUSE BILL 5951 AS REPORTED FROM COMMITTEE 6-25-08

The bill would amend Section 3119 of the Food Law of 2000 (MCL 289.3119) to set a maximum fee that could be charged by local health departments for the licensing, inspection, and certification of school food service authorities recognized by the Michigan Department of Education.  Until recently, schools were exempt from local and state fees under the Food Law, but had to comply with all other applicable requirements.  In a recent update of the Food Law, Public Act 113 of 2007, the school exemption was eliminated.  

Under House Bill 5951 (H-3), the local fees paid by schools could be no more than $100 per year for a "main kitchen" and no more than $50 per year for each "satellite" kitchen within a district.   

[Note:  A separate bill, House Bill 5992 (H-1) would exempt schools from the state fee.] 

FISCAL IMPACT:

A fiscal analysis is in process. 

POSITIONS: 

            The Department of Agriculture indicated neutrality on the bill.  (6-25-08)

            The Michigan Restaurant Association indicated neutrality on the substitute.  (6-25-08)  

            The School Nutrition Association of Michigan supports the bill.  (6-25-08) 

The Michigan Association of Counties is opposed to the substitute bill because the proposed cap does not come close to covering the cost of the minimum two inspections. (6-26-08)

                                                                                           Legislative Analyst:   Shannan Kane

                                                                                                  Fiscal Analyst:   William E. Hamilton

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.