Bill Text: MI HB4335 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Food; restaurants; outdoor seating areas at restaurants; allow dogs to be present. Amends secs. 3113 & 6101 of 2000 PA 92 (MCL 289.3113 & 289.6101).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2014-05-28 - Referred To Second Reading [HB4335 Detail]
Download: Michigan-2013-HB4335-Introduced.html
HOUSE BILL No. 4335
February 27, 2013, Introduced by Reps. O'Brien, Pettalia, Franz, Genetski and Foster and referred to the Committee on Tourism.
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending sections 3113 and 6101 (MCL 289.3113 and 289.6101),
section 6101 as amended by 2012 PA 178.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3113. (1) A county, city, village, or township shall not
regulate those aspects of food service establishments or vending
machines
which 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
or as authorized under section 6101(1)(c).
(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 cooking as specified
under paragraph (D) of this section, separate from ready-to-eat
foods as specified under paragraph 3-302.11;Pf and
(2) After initial heating, but prior to complete cooking,
marked or otherwise identified as foods that must be cooked as
specified under paragraph (D) of this section prior to 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 amended by the addition of
subparagraph (6) that reads as follows:
"(6) A dog that is controlled by a customer in an outdoor
dining area if a health or safety hazard will not result from the
presence or activities of the dog.".
A local unit of government may adopt and enforce an ordinance that
is more restrictive than subparagraph (6).
(2) The director, by rule, may adopt any changes or updates to
the food code.
(3) The annexes of the food code are considered persuasive
authority for interpretation of the food code.
