January 31, 2008, Introduced by Reps. Walker, Elsenheimer, Sheltrown, Palsrok, Hansen, Booher, Ball, Stahl and Mayes and referred to the Committee on Agriculture.
A bill to amend 2000 PA 92, entitled
"Food law of 2000,"
by amending section 1107 (MCL 289.1107).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1107. As used in this act:
(a) "Department" means the Michigan department of agriculture.
(b) "Director" means the director of the Michigan department
of agriculture or his or her designee.
(c) "Extended retail food establishment" means a retail
grocery that does both of the following:
(i) Serves or provides an unpackaged food for immediate
consumption.
(ii) Provides customer seating in the food service area.
(d) "Federal act" means the federal food, drug, and cosmetic
act,
chapter 675, 52 Stat. 1040. , 21 U.S.C. 301 to 321, 331 to
333,
334 to 343-3, 344 to 346a, 347, 348 to 356c, 358 to 360, 360b
to
360dd, 360hh to 363, 371 to 376, and 378 to 397.
(e) "Food" means articles used for food or drink for humans or
other animals, chewing gum, and articles used for components of any
such article.
(f) "Food additive" means any substance, the intended use of
which, directly or indirectly, results in or may be reasonably
expected to result in its becoming a component or otherwise
affecting the characteristics of any food if that substance is not
generally recognized among experts as having been adequately shown
through scientific procedures to be safe under the conditions of
its intended use. Food additive includes any substance intended for
use in producing, manufacturing, packing, processing, preparing,
treating, packaging, transporting, or holding food and includes any
source of radiation intended for any use. Food additive does not
include any of the following:
(i) A pesticide chemical in or on a raw agricultural commodity.
(ii) A pesticide chemical to the extent that it is intended for
use or is used in the production, storage, or transportation of any
raw agricultural commodity.
(iii) A color additive.
(iv) Any substance used in accordance with a sanction or
approval granted before the enactment of the food additives
amendment
of 1958, Public Law 85-929, 72 Stat. 1784, pursuant to
the federal act, the poultry products inspection act, Public Law
85-172,
71 Stat. 441, 21 U.S.C. 451 to 471, or the federal meat
inspection act of March 4, 1907, chapter 2907, 34 Stat. 1258.
(g) "Food code" means food code, 1999 recommendations of the
food and drug administration of the United States public health
service that regulates the design, construction, management, and
operation of certain food establishments.
(h) "Food concession" means a food storage, preparation, or
dispensing operation at a state or county fair.
(i) "Food establishment" means an operation where food is
processed, packed, canned, preserved, frozen, fabricated, stored,
prepared, served, sold, or offered for sale. Food establishment
includes a food processing plant, a food service establishment, and
a retail grocery. Food establishment does not include any of the
following:
(i) A charitable, religious, fraternal, or other nonprofit
organization operating a home-prepared baked goods sale or serving
only home-prepared food in connection with its meetings or as part
of a fund-raising event.
(ii) An inpatient food operation located in a health facility
or agency subject to licensure under article 17 of the public
health code, MCL 333.20101 to 333.22260.
(iii) A food operation located in a prison, jail, state mental
health institute, boarding house, fraternity or sorority house,
convent, or other facility where the facility is the primary
residence for the occupants and the food operation is limited to
serving meals to the occupants as part of their living arrangement.
(j) "Food processing plant" means a food establishment that
processes, manufactures, packages, labels, or stores food and does
not provide food directly to a consumer. Food processing plant
includes any maple syrup producer.
(k) "Food service establishment" means a fixed or mobile
restaurant, coffee shop, cafeteria, short order cafe, luncheonette,
grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail
lounge, nightclub, drive-in, industrial feeding establishment,
private organization serving the public, rental hall, catering
kitchen, delicatessen, theater, commissary, or similar place in
which food or drink is prepared for direct consumption through
service on the premises or elsewhere, and any other eating or
drinking establishment or operation where food is served or
provided for the public. Food service establishment does not
include any of the following:
(i) A motel that serves continental breakfasts only.
(ii) A food concession.
(iii) A bed and breakfast that has 10 or fewer sleeping rooms,
including sleeping rooms occupied by the innkeeper, 1 or more of
which are available for rent to transient tenants.
(iv) A bed and breakfast that has at least 11 but fewer than 15
rooms for rent, if the bed and breakfast serves continental
breakfasts only.
(v) A child care organization regulated under 1973 PA 116, MCL
722.111 to 722.128, unless the establishment is carrying out an
operation considered by the director to be a food service
establishment.
(l) "Food warehouse" means a food establishment that stores or
distributes prepackaged food for wholesaling.