Bill Text: MI HB4707 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Health; nutrition; nutritional standards for restaurant food; require if sold accompanied by toys or other youth-focused incentive items. Amends sec. 1109 of 2000 PA 92 (MCL 289.1109) & adds sec. 6153.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2011-06-08 - Printed Bill Filed 06/08/2011 [HB4707 Detail]

Download: Michigan-2011-HB4707-Introduced.html

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HOUSE BILL No. 4707

 

June 7, 2011, Introduced by Reps. Tlaib, Slavens, Brown, Bauer, Santana, Darany and Hovey-Wright and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2000 PA 92, entitled

 

"Food law of 2000,"

 

by amending section 1109 (MCL 289.1109), as amended by 2007 PA 113,

 

and by adding section 6153.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1109. As used in this act:

 

     (a) "Imminent or substantial hazard" means a condition at a

 

food establishment that the director determines requires immediate

 

action to prevent endangering the health of people.

 

     (b) "Incentive item", subject to subdivision (c), means any of

 

the following:

 

     (i) A toy, game, trading card, admission ticket, or other

 

consumer product, whether physical or digital, with particular

 

appeal to individuals under 18 years of age.

 

     (ii) A coupon, voucher, ticket, token, code, or password

 

redeemable for or granting digital or other access to an item

 

listed in subparagraph (i).

 

     (c) "Incentive item" does not include a utensil, tableware, a

 

carryout utensil, a bulk food container, or other item, such as a

 

bag, container, placemat, stirrer, straw, toothpick, or wrapper,

 

that is designed and constructed for a single use by 1 individual

 

before being discarded.

 

     (d) (b) "Inspection" means the checking or testing of

 

observable practices against standards established in or adopted by

 

this act, accompanied by a report of findings.

 

     (e) (c) "Juice" means the aqueous liquid expressed or

 

extracted from 1 or more fruits or vegetables, purees a puree of

 

the edible portions of 1 or more fruits or vegetables, or any

 

concentrates a concentrate of any such liquid or puree.

 

     (f) (d) "Label" means a display of written, printed, or

 

graphic matter upon the immediate container of any article and

 

includes a requirement imposed under this act that any word,

 

statement, or other information appearing on the display also

 

appear on the outside container or wrapper of the retail package of

 

the article or be easily legible through the outside container or

 

wrapper.

 

     (g) (e) "Labeling" means all labels and other written,

 

printed, or graphic matter upon an article, any of its containers

 

or wrappers, or accompanying the article.

 

     (h) (f) "License limitation" means an action by which the

 

director imposes restrictions or conditions, or both, on a license

 

of a food establishment.

 

     (i) (g) "License holder" means the entity that is legally

 

responsible for the operation of the food establishment, including

 

the owner, the owner's agent, or other person operating under

 

apparent authority of the owner, possessing and that possesses a

 

valid license to operate a food establishment.

 

     (j) (h) "Limited wholesale food processor" means a wholesale

 

food processor that has had in the preceding licensing year or is

 

reasonably anticipated to have in the current licensing year

 

$25,000.00 or less in annual gross wholesale sales made or business

 

done in wholesale sales. in the preceding licensing year, or

 

$25,000.00 or less of the food is reasonably anticipated to be sold

 

for the current licensing year. Only the food sales from the

 

wholesale food processor operation are shall be used in computing

 

the annual gross sales under this subdivision.

 

     (k) (i) "Local health department" means that term as defined

 

in section 1105 of the public health code, MCL 333.1105, and having

 

those powers and duties as described in part 24 of the public

 

health code, MCL 333.2401 to 333.2498.

 

     (l) "Meal", unless the context clearly implies otherwise, means

 

any combination of 2 or more nonbeverage food items offered

 

together for a single price. The single price may also include the

 

price of a beverage.

 

     (m) (j) "Milk product" means cream, light cream, light

 

whipping cream, heavy cream, heavy whipping cream, whipped cream,

 

whipped light cream, sour cream, acidified sour cream, cultured

 

sour cream, half-and-half, sour half-and-half, acidified sour half-

 

and-half, cultured sour half-and-half, reconstituted or recombined

 

milk and milk products, concentrated milk, concentrated milk

 

products, skim milk, lowfat milk, frozen milk concentrate, eggnog,

 

buttermilk, cultured milk, cultured lowfat milk, cultured skim

 

milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk,

 

acidified lowfat milk, acidified skim milk, low-sodium milk, low-

 

sodium lowfat milk, low-sodium skim milk, lactose-reduced milk,

 

lactose-reduced lowfat milk, lactose-reduced skim milk, aseptically

 

processed and packaged milk, milk products with added safe and

 

suitable microbial organisms, and any other milk product made by

 

the addition or subtraction of milkfat or addition of safe and

 

suitable optional ingredients for protein, vitamin, or mineral

 

fortification. Milk product does include includes dietary dairy

 

products, dairy-based infant formula, ice cream and other frozen

 

desserts, cheese, butter, and any other product derived from milk.

 

     (n) (k) "Misbranded" means food to which any of the following

 

apply:

 

     (i) Its labeling is false or misleading in any particular.

 

     (ii) It is offered for sale under the name of another food.

 

     (iii) It If it is an imitation of another food, unless its label

 

bears, does not bear, in type of uniform size and prominence, the

 

word "imitation" and immediately thereafter the name of the food

 

imitated.

 

     (iv) Its container is so made, formed, or filled as to be

 

misleading.

 

     (v) It If it is in package form, unless it bears it does not

 

bear a label containing both the name and place of business of the

 

manufacturer, packer, or distributor and an accurate statement of

 

the quantity of the contents in terms of weight, measure, or

 

numerical count subject to reasonable variations as are permitted

 

and exemptions as to small packages as are established by rules

 

prescribed by the department.

 

     (vi) Any word, statement, or other labeling required by this

 

act is not prominently placed on the food's label or labeling

 

prominently, conspicuously, and in such terms as to render it

 

likely to be read and understood by the ordinary individual under

 

customary conditions of purchase and use.

 

     (vii) It purports to be or If it is represented as a food for

 

which a definition and standard of identity have been prescribed by

 

rules as provided by this act or under the federal act, unless it

 

conforms to such does not conform to the definition and standard

 

and or its label bears does not bear the name of the food specified

 

in the definition and standard, and, insofar as may be required by

 

the rules require, the common names of optional ingredients, other

 

than spices, flavoring, and coloring, present in such food.

 

     (viii) It purports to be or is represented to be either of the

 

following:

 

     (A) A food for which a standard of quality has been prescribed

 

by this act or rules and if its quality falls below such that

 

standard, unless its label bears, in such the manner and form as

 

such rules specify, specified by rule, a statement that it falls

 

below such the standard.

 

     (B) A food for which a standard or standards of fill of

 

container have been prescribed by this act or rules and it falls

 

below the standard of fill of container applicable, unless its

 

label bears, in such the manner and form as the rules specify,

 

specified by rule, a statement that it falls below the standard.

 

     (ix) It does not bear labeling clearly giving the common or

 

usual name of the food, if one such a name exists, and if

 

fabricated from 2 or more ingredients, the common or usual name of

 

each ingredient except that spices, flavorings, and colorings,

 

other than those sold as such, may be designated as spices,

 

flavorings, and colorings, without naming each and except under

 

other circumstances as established by rules regarding exemptions

 

based upon practicality, potential deception, or unfair

 

competition.

 

     (x) It bears or contains any artificial flavoring, artificial

 

coloring, or chemical preservative unless and the labeling states

 

does not state that fact, and under other except under

 

circumstances as established specified by rules regarding

 

exemptions based upon practicality.

 

     (xi) If a food It is intended for human consumption and offered

 

for sale, and its label and labeling do not bear the nutrition

 

information required under section 403(q) of the federal act, 21

 

USC 343.

 

     (xii) It is a product intended as an ingredient of another food

 

and, when used according to the directions of the purveyor, will

 

result in the final food product being adulterated or misbranded.

 

     (xiii) It is a color additive whose packaging and labeling are

 

not in conformity with applicable packaging and labeling

 

requirements applicable to such color additive prescribed under the

 

provisions of the federal act.

 

     (o) (l) "Mobile food establishment" means a food establishment

 

operating from a vehicle or watercraft that returns to a licensed

 

commissary for servicing and maintenance at least once every 24

 

hours.

 

     (p) (m) "Mobile food establishment commissary" means an

 

operation that is capable of servicing a mobile food establishment.

 

     (q) (n) "Person" means an individual, sole proprietorship,

 

partnership, corporation, association, or other legal entity.

 

     (r) (o) "Pesticide chemical" means any substance that, alone,

 

in chemical combination, or in formulation with 1 or more other

 

substances, is a pesticide within the meaning of the federal

 

insecticide, fungicide, and rodenticide act, 7 USC 136 to 136y, and

 

is used in the production, storage, or transportation of raw

 

agricultural commodities.

 

     (s) (p) "Principal display panel" means that part of a label

 

that is most likely to be displayed, presented, shown, or examined

 

under normal and customary conditions of display for retail sale.

 

     (t) (q) "Public health code" means 1978 PA 368, MCL 333.1101

 

to 333.25211.

 

     Sec. 6153. (1) A food service establishment shall not provide

 

a free incentive item in conjunction with the purchase of a meal

 

unless the meal meets all of the following requirements:

 

     (a) Does not contain more than any of the following:

 

     (i) 600 calories.

 

     (ii) 650 milligrams of sodium.

 

     (iii) 35% of total calories from fat, except for fat contained

 

in nuts, seeds, peanut butter or other nut butters; in an

 

individually served or packaged egg; or in individually served or

 

packaged low-fat or reduced fat cheese.

 

     (iv) 10% of total calories from saturated fats, except for

 

saturated fat contained in nuts, seeds, peanut butter or other nut

 

butters; in an individually served or packaged egg; or in

 

individually served or packaged low-fat or reduced fat cheese.

 

     (v) 0.5 grams of trans fat.

 

     (b) Contains at least 0.5 cup of fruit and 0.75 cup of

 

vegetables. However, if the meal is served as breakfast and

 

consists of food typically considered to be breakfast items, the

 

meal shall contain at least 0.5 cup of fruit or vegetables.

 

     (2) A food service establishment shall not provide a free

 

incentive item in conjunction with the purchase of a meal and

 

beverage or in conjunction with the purchase of a beverage alone

 

unless the beverage does not contain more than any of the

 

following:

 

     (a) 35% of total calories from fat.

 

     (b) 10% of calories from added sweeteners.

 

     (3) A food service establishment shall not provide a free

 

incentive item in conjunction with the purchase of a single food

 

item unless the single food item does not contain more than any of

 

the following:

 

     (a) 35% of total calories from fat.

 

     (b) 10% of total calories from added sweeteners.