Bill Text: MI HB4187 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Food; restaurants; outdoor seating at restaurants; allow dogs to be present. Amends secs. 1105, 3113 & 6101 of 2000 PA 92 (MCL 289.1105 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-14 - Bill Electronically Reproduced 02/09/2017 [HB4187 Detail]

Download: Michigan-2017-HB4187-Introduced.html

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HOUSE BILL No. 4187

 

 

February 9, 2017, Introduced by Reps. Hornberger, Hughes and Frederick and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2000 PA 92, entitled

 

"Food law,"

 

by amending sections 1105, 3113, and 6101 (MCL 289.1105, 289.3113,

 

and 289.6101), section 1105 as amended by 2014 PA 516, section 3113

 

as amended by 2016 PA 188, and section 6101 as amended by 2012 PA

 

178.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1105. (1) As used in this act:

 

     (a) "Adulterated" means food to which any of the following

 

apply:

 

     (i) It bears or contains any added poisonous or added

 

deleterious substance that may render it injurious to health unless

 

the substance is not an added substance and the quantity of that

 

substance in the food does not ordinarily render it injurious to

 

health.

 

     (ii) It bears or contains any added poisonous or added

 

deleterious substance, other than a substance that is a pesticide

 

chemical in or on a raw agricultural commodity; a food additive; or

 

a color additive considered unsafe within the meaning of subsection

 

(2).

 

     (iii) It is a raw agricultural commodity that bears or

 

contains a pesticide chemical considered unsafe within the meaning

 

of subsection (2).

 

     (iv) It bears or contains any food additive considered unsafe

 

within the meaning of subsection (2). However, if a pesticide

 

chemical has been used in or on a raw agricultural commodity in

 

conformity with an exemption granted or limitation prescribed under

 

subsection (2) and the raw agricultural commodity has been

 

subjected to processing, the residue of that pesticide chemical

 

remaining in or on that processed food is, notwithstanding the

 

provisions of subsection (2) and this subdivision, not considered

 

unsafe if that residue in or on the raw agricultural commodity has

 

been removed to the extent possible in good manufacturing practice

 

and if the concentration of that residue in the processed food when

 

ready to eat is not greater than the tolerance prescribed for the

 

raw agricultural commodity.

 

     (v) It is or contains a new animal drug or conversion product

 

of a new animal drug that is unsafe within the meaning of section

 

360b of the federal act, 21 USC 360b.

 

     (vi) It consists in whole or in part of a diseased,

 

contaminated, filthy, putrid, or decomposed substance or it is

otherwise unfit for food.

 

     (vii) It has been produced, prepared, packed, or held under

 

unsanitary conditions in which it may have become contaminated with

 

filth or in which it may have been rendered diseased, unwholesome,

 

or injurious to health.

 

     (viii) It is the product of a diseased animal or an animal

 

that has died other than by slaughter or that has been fed uncooked

 

garbage or uncooked offal from a slaughterhouse.

 

     (ix) Its container is composed, in whole or in part, of any

 

poisonous or deleterious substance that may render the contents

 

injurious to health.

 

     (x) A valuable constituent has been in whole or in part

 

omitted or abstracted from the food; a substance has been

 

substituted wholly or in part for the food; damage or inferiority

 

has been concealed in any manner; or a substance has been added to

 

the food or mixed or packed with the food so as to increase its

 

bulk or weight, reduce its quality or strength, or make it appear

 

better or of greater value than it is.

 

     (xi) It is confectionery and has partially or completely

 

imbedded in it any nonnutritive object except if, as provided by

 

rules, the object is of practical functional value to the

 

confectionery product and would not render the product injurious or

 

hazardous to health; it is confectionery and bears or contains any

 

alcohol other than alcohol not in excess of 1/2 of 1% 0.5% by

 

volume derived solely from the use of flavoring extracts; or it is

 

confectionery and bears or contains any nonnutritive substance

 

except a nonnutritive substance such as harmless coloring, harmless

flavoring, harmless resinous glaze not in excess of 4/10 of 1%,

 

0.4%, harmless natural wax not in excess of 4/10 of 1%, 0.4%,

 

harmless natural gum and pectin or any chewing gum by reason of its

 

containing harmless nonnutritive masticatory substances which is in

 

or on the confectionery by reason of its use for some practical

 

functional purpose in the manufacture, packaging, or storage of

 

such confectionery if the use of the substance does not promote

 

deception of the consumer or otherwise result in adulteration or

 

misbranding in violation of this act. For the purpose of avoiding

 

or resolving uncertainty as to the application of this subdivision,

 

the director may issue rules allowing or prohibiting the use of

 

particular nonnutritive substances.

 

     (xii) It is or bears or contains any color additive that is

 

unsafe within the meaning of subsection (2).

 

     (xiii) It has been intentionally subjected to radiation,

 

unless the use of the radiation was in conformity with a rule or

 

exemption under this act or a regulation or exemption under the

 

federal act.

 

     (xiv) It is bottled water that contains a substance at a level

 

higher than allowed under this act.

 

     (b) "Advertisement" means a representation disseminated in any

 

manner or by any means, other than by labeling, for the purpose of

 

inducing, or which is likely to induce, directly or indirectly, the

 

purchase of food.

 

     (c) "Agricultural use operation" means a maple syrup

 

production facility or similar food establishment that finishes a

 

raw commodity and is integral to the agricultural production of,

and is located at, a farm. An agricultural use operation is not

 

considered a food processor or retail processing operation for

 

purposes of personal or real property but must meet those same

 

standards and licensing requirements as prescribed in this act.

 

     (d) "Bed and breakfast" means a private residence that offers

 

sleeping accommodations to transient tenants in 14 or fewer rooms

 

for rent, is the innkeeper's residence in which the innkeeper

 

resides while renting the rooms to transient tenants, and serves

 

breakfasts, or other meals in the case of a bed and breakfast

 

described in section 1107(t)(ii), at no extra cost to its transient

 

tenants. A bed and breakfast is not a food service establishment if

 

exempt under section 1107(t)(ii) or (iii).

 

     (e) "Color additive" means a dye, pigment, or other substance

 

that is made by a process of synthesis or similar artifice or is

 

extracted, isolated, or otherwise derived, with or without

 

intermediate or final change of identity from a vegetable, animal,

 

mineral, or other source, or when added or applied to a food or any

 

part of a food is capable alone or through reaction with other

 

substances of imparting color to the food. Color additive does not

 

include any material that is exempt or hereafter is exempted under

 

the federal act. This subdivision does not apply to any pesticide

 

chemical, soil or plant nutrient, or other agricultural chemical

 

solely because of its effect in aiding, retarding, or otherwise

 

affecting, directly or indirectly, the growth of other natural

 

physiological process of produce of the soil and thereby affecting

 

its color, whether before or after harvest. Color includes black,

 

white, and intermediate grays.

     (f) "Consumer" means an individual who is a member of the

 

public, takes possession of food, is not functioning in the

 

capacity of an operator of a food establishment or food processor,

 

and does not offer the food for resale.

 

     (g) "Contaminated with filth" means contaminated as a result

 

of not being securely protected from dust, dirt, and, as far as may

 

be necessary by all reasonable means, from all foreign or injurious

 

contaminations.

 

     (h) "Continental breakfast" means the serving of only non-

 

potentially-hazardous food such as a roll, pastry or doughnut,

 

fruit juice, or hot beverage, but may also include individual

 

portions of milk and other items incidental to those foods.

 

     (i) "Core item" means a provision in the food code that is not

 

designated as a priority item or a priority foundation item. Core

 

item includes both any of the following:

 

     (A) An item that usually relates to general sanitation,

 

operational controls, sanitation standard operating procedures

 

(SSOPs), facilities or structures, equipment design, or general

 

maintenance.

 

     (B) The requirements of section 2129(2) and 6152(1).

 

     (C) The requirements of section 6101(1)(d).

 

     (j) "Cottage food operation" means a person who produces or

 

packages cottage food products only in a kitchen of that person's

 

primary domestic residence within this state.

 

     (k) "Cottage food product" means a food that is not

 

potentially hazardous food as that term is defined in the food

 

code. Examples of cottage food product include, but are not limited

to, jams, jellies, dried fruit, candy, cereal, granola, dry mixes,

 

vinegar, dried herbs, and baked goods that do not require

 

temperature control for safety. Cottage food product does not

 

include any potentially hazardous food regulated under 21 CFR parts

 

113 and 114, examples of which include, but are not limited to,

 

meat and poultry products; salsa; milk products; bottled water and

 

other beverages; and home-produced ice products. Cottage food

 

product also does not include canned low-acid fruits or acidified

 

vegetables and other canned foods except for jams, jellies, and

 

preserves as defined in 21 CFR part 150.

 

     (2) Any An added poisonous or deleterious substance, food

 

additive, pesticide chemical in or on a raw agricultural commodity,

 

or color additive is considered unsafe for the purpose of

 

subsection (1)(a), unless there is in effect a federal regulation

 

or exemption from regulation under the federal act, the federal

 

meat inspection act, 21 USC 601 to 683, 695, the federal poultry

 

and poultry products inspection act, 21 USC 451 to 472, or another

 

federal statute, or a rule limiting the quantity of the substance,

 

and the use or intended use of the substance, and the use or

 

intended use of the substance conforms to the terms prescribed by

 

the federal regulation or exemption or the rule.

 

     Sec. 3113. (1) A county, city, village, or township shall not

 

regulate those aspects of food service establishments that are

 

subject to regulation under this act except to the extent necessary

 

to carry out the responsibility of a local health department to

 

implement licensing provisions of chapter IV. In addition, a local

 

unit of government may adopt and enforce an ordinance that is more

restrictive than section 6-501.115(B)(6) of the food code as set

 

forth in section 6101(1)(d).

 

     (2) This chapter does not relieve the applicant for a license

 

or a licensee from responsibility for securing a local permit or

 

complying with applicable local codes, regulations, or ordinances

 

not in conflict with this act.

 

     Sec. 6101. (1) Chapters 1 through 8 of the food code are

 

incorporated by reference except as amended and modified as

 

follows:

 

     (a) Where provisions of this act and rules specify different

 

requirements.

 

     (b) Section 3-401.14 is modified to read as follows:

 

     "3-401.14 Non-Continuous Cooking of Raw Animal Foods.

 

     Raw animal foods that are cooked using a non-continuous

 

cooking process shall be:

 

     (A) Subject to an initial heating process that is no longer

 

than 60 minutes in duration;^P

 

     (B) Immediately after initial heating, cooled according to the

 

time and temperature parameters specified for cooked potentially

 

hazardous food (time/temperature control for safety food) under

 

paragraph 3-501.14(A);^P

 

     (C) After cooling, held frozen or cold, as specified for

 

potentially hazardous food (time/temperature control for safety

 

food) under paragraph 3-501.16(A)(2);^P

 

     (D) Prior to sale or service, cooked using a process that

 

heats all parts of the food to a time/temperature specified in

 

paragraph 3-401.11(A);^P

     (E) Cooled according to the time and temperature parameters

 

specified for cooked potentially hazardous food (time/temperature

 

control for safety food) under paragraph 3-501.14(A) if not either

 

hot held as specified under paragraph 3-501.16(A), served

 

immediately, or held using time as a public health control as

 

specified under section 3-501.19 after complete cooking;^P and

 

     (F) Stored as follows:

 

     (1) After initial heating but prior to before cooking as

 

specified under paragraph (D) of this section, separate from ready-

 

to-eat foods as specified under paragraph section 3-302.11;^Pf and

 

     (2) After initial heating, but prior to before complete

 

cooking, marked or otherwise identified as foods that must be

 

cooked as specified under paragraph (D) of this section prior to

 

before being offered for sale or service.^Pf The food may be

 

identified in any effective manner provided that the marking system

 

is disclosed to the regulatory authority upon request.".

 

     (c) Section 2-103.11(L) is modified to read as follows:

 

     "Employees are properly trained in food safety as it relates

 

to their assigned duties;^Pf and".

 

     (d) Section 6-501.115(B) is modified by the addition of

 

subparagraph (6) that reads as follows:

 

     "(6) A dog that is controlled by a customer in an outdoor

 

dining area of a food service establishment if all of the following

 

apply:

 

     (A) A health or safety hazard will not result from the

 

presence or activities of the dog.

 

     (B) All of the following requirements are met:

     (I) The dog does not pass through the interior of the food

 

service establishment or any playground area of the food service

 

establishment to enter the outdoor dining area. A separate entrance

 

must be provided from the exterior of the food service

 

establishment to the outdoor dining area.

 

     (II) The outdoor dining area is maintained free of visible dog

 

hair, dog dander, and other dog-related waste and debris. The

 

outdoor dining area is cleaned and disinfected appropriately as

 

needed.

 

     (III) Surfaces contaminated by the waste created from the

 

dog's bodily functions are immediately cleaned and disinfected.

 

     (IV) Equipment used to clean and that comes in contact with

 

waste from a dog's bodily functions is stored separate from all

 

other cleaning equipment and is not used for other cleaning

 

purposes.

 

     (V) All dog waste is disposed of at least daily

 

outside of the food service establishment in a covered waste

 

receptacle.

 

     (VI) An employee who touches the dog or cleans waste from the

 

dog's bodily functions does not serve food or beverages or handle

 

tableware until the employee has washed his or her hands.

 

     (VII) The dog is not allowed on a seat, chair, or

 

customer's lap, or allowed to contact a tabletop, countertop, or

 

similar surface in the outdoor dining area.

 

     (VIII) The dog is not allowed to contact reusable tableware

 

unless the tableware is dedicated to use by dogs and readily

 

distinguishable as such or is provided by the customer handling the

dog.

 

     (IX) The dog is not allowed in an area where food is prepared.

 

     (X) The dog is not unattended.

 

     (XI) The customer is 18 years of age or older.

 

     (XII) The customer keeps the dog on a leash.

 

     (C) The food service establishment does all of the following:

 

     (I) Maintains at the food service establishment and makes

 

available to the regulatory authority or a customer upon request

 

written procedures that ensure compliance with the requirements of

 

sub-subparagraph (B).

 

     (II) Before allowing a dog within the food service

 

establishment, notifies the local health department in writing that

 

the food service establishment intends to allow customers' dogs to

 

accompany customers in the outdoor dining area of the food service

 

establishment. The food service establishment shall mail the notice

 

by first-class mail or deliver the notice not less than 30 days

 

before allowing dogs to accompany customers. The notice is

 

effective while the food service establishment remains in business.

 

The food service establishment is not required to mail or deliver

 

more than 1 notice.

 

     (D) The food service establishment may do any of the

 

following:

 

     (I) Determine the location and the amount of space designated

 

for a customer accompanied by the customer's dog.

 

     (II) Establish a limit on the size and type of dog and any

 

other limitation relating to a customer's dog.

 

     (III) Deny entry to or eject from the food service

establishment a customer and the customer's dog.".

 

     (2) The owner of a dog brought into a food service

 

establishment under subsection (1)(d) is liable for any damage or

 

injury to the food service establishment, an employee of the food

 

service establishment, or a customer of the food service

 

establishment caused by the dog.

 

     (3) (2) The director, by rule, may adopt any changes or

 

updates to the food code.

 

     (4) (3) The annexes of the food code are considered persuasive

 

authority for interpretation of the food code.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.