Bill Text: MI HB4114 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Food; other; sale of certain foods produced by a cottage food operation; increase threshold regarding gross sales. Amends sec. 4102 of 2000 PA 92 (MCL 289.4102).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-01-25 - Printed Bill Filed 01/21/2011 [HB4114 Detail]

Download: Michigan-2011-HB4114-Introduced.html

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HOUSE BILL No. 4114

 

January 20, 2011, Introduced by Reps. Jenkins, Zorn, Hughes, Shaughnessy and Rendon and referred to the Committee on Commerce.

 

     A bill to amend 2000 PA 92, entitled

 

"Food law of 2000,"

 

by amending section 4102 (MCL 289.4102), as added by 2010 PA 112.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4102. (1) A cottage food operation is exempt from the

 

licensing and evaluation provisions of this act. This exemption

 

does not include an exemption from the adulteration and other

 

standards imposed in this section or under this act, or both, and

 

does not limit the ability of the department to take appropriate

 

enforcement action for applicable violations as described in

 

section 5101. This subsection does not require a cottage food

 

operation to meet the standards contained in 21 CFR 110 or the 2005

 

federal food code., or both.

 

     (2) Cottage food products shall be prepackaged and properly

 

labeled prior to sale.

 

     (3) At a minimum, a cottage food operation shall place on the

 

label of any food it produces or packages the following

 

information:

 

     (a) The name and address of the business of the cottage food

 

operation.

 

     (b) The name of the cottage food product.

 

     (c) The ingredients of the cottage food product, in descending

 

order of predominance by weight.

 

     (d) The net weight or net volume of the cottage food product.

 

     (e) Allergen labeling as specified by federal labeling

 

requirements.

 

     (f) If any nutritional claim is made, appropriate labeling as

 

specified by federal labeling requirements.

 

     (g) The following statement printed in at least the equivalent

 

of 11-point font size in a color that provides a clear contrast to

 

the background: "Made in a home kitchen that has not been inspected

 

by the Michigan department of agriculture."

 

     (4) Cottage food products may be sold directly from the

 

cottage food operation to the consumer only, and not by internet or

 

mail order. Sales by consignment or at wholesale are prohibited.

 

     (5) The gross sales of cottage food products shall not exceed

 

$15,000.00 $30,000.00 annually. The determination of the $15,000.00

 

$30,000.00 annual gross sales shall be computed on the basis of the

 

amount of gross sales within or at a particular domestic residence

 

and shall not be computed on a per-person basis within or at that

 

domestic residence. The department may request in writing

 

documentation to verify the annual gross sales figure.

 

     (6) Cottage food products shall be stored only in the primary

 

domestic residence.

 

     (7) An exemption under this section does not affect the

 

application of any other state or federal laws or any applicable

 

ordinances enacted by any local unit of government.