Bill Text: MI HB5024 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Food: cottage food operation; cottage food operations; allow to sell, offer for sale, and accept payment for cottage food products over the internet. Amends secs. 1111 & 4102 of 2000 PA 92 (MCL 289.1111 & 289.4102).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-09-26 - Bill Electronically Reproduced 09/20/2023 [HB5024 Detail]
Download: Michigan-2023-HB5024-Introduced.html
HOUSE BILL NO. 5024
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending sections 1111 and 4102 (MCL 289.1111 and 289.4102), section 1111 as amended by 2018 PA 92 and section 4102 as amended by 2012 PA 178.
the people of the state of michigan enact:
Sec. 1111. As used in this act:
(a) "Raw agricultural commodity" means any food in its raw or natural state including fruits that are washed, colored, or otherwise treated in their unpeeled natural form before marketing.
(b) "Regulatory authority" means the department, the local health department, or the authorized representative having jurisdiction over the food establishment.
(c) "Retail food establishment" means an operation that sells or offers to sell food directly to a consumer. Retail food establishment includes both a retail grocery and a food service establishment, but does not include a food processor.
(d) "Retail grocery" means an operation that sells or offers to sell food to consumers for off-premises consumption. Food for off-premises consumption does not include take-out food intended for immediate consumption.
(e) "Rules" means administrative rules promulgated under this act pursuant to in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(f) "Shellfish dealer" means an interstate wholesaler handling shellfish.
(g) "Shellfish dealer certification" means the issuance of a numbered certificate to a person indicating that the person is in compliance with the requirements of the guide for the control of molluscan shellfish and that the person has permission from the department to conduct 1 or more of the following shellfish activities, as defined in the guide for the control of molluscan shellfish:
(i) Shellstock shipper.
(ii) Shucker packer.
(iii) Repacker or reshipper.
(h) "Smoked fish rules" means R 285.569.1 to R 285.569.19 of the Michigan Administrative Code.
(i) "Special transitory food unit" means a temporary food establishment that is licensed to operate throughout the this state without the 14-day limits or a mobile food establishment that is not required to return to a commissary.
(j) "Staple foods" does not include accessory foods such as coffee, tea, cocoa, soda, noncarbonated drinks such as sports drinks, punches, and flavored waters, candy, condiments, spices, hot foods, or foods ready to go or made to take out, such as prepared sandwiches or salads.
(k) "Sulfiting agents" means any of the following:
(i) Sulfur dioxide.
(ii) Sodium sulfite.
(iii) Sodium bisulfite.
(iv) Potassium bisulfite.
(v) Sodium metabisulfite.
(vi) Potassium metabisulfite.
(l) "Temporary food establishment" means a food establishment that operates at a fixed location for a temporary period not to exceed 14 consecutive days.
(m) "Temporary license" means a written authorization issued by the director to operate for a specified limited time period.
(n) "Third-party food delivery platform" means a company or website, mobile application, or other internet service that offers or arranges for the sale and same-day pickup and delivery of prepared food from a food service establishment.
(o) (n) "Transient tenant" means a person an individual who rents a room in a bed and breakfast for fewer than 30 consecutive days.
(p) (o) "Trimming" means removing leaves, roots, and other extraneous materials in preparation for grading, sorting, and sale as a whole fruit or vegetable. Trimming does not remove the peel or core and does not further cut the whole fruit or vegetable.
(q) (p) "U.S. standards for shell eggs" means "United States Standards, Grades, and Weight Classes for Shell Eggs", AMS 56 (July 20, 2000), United States Department of Agriculture.
(r) (q) "Vending company base location" means a vending machine location or other food establishment required to be separately licensed under section 4105(5).
(s) (r) "Vending machine" means a self-service device that, upon insertion of after inserting a coin, paper currency, token, card, or key, or by manual operation, dispenses a unit servings serving of food in bulk or in packages a package without the necessity of replenishing the device between each vending operation. Vending machine does not include any of the following:
(i) A device that dispenses only bottled or canned soft drinks, ; other packaged nonperishable foods or beverages, ; or bulk ball gum, nuts, and or panned candies.
(ii) A water-dispensing water dispensing machine that is registered under chapter IV.section 4115.
(t) (s) "Vending machine location" means the room, enclosure, space, or area in which 1 or more vending machines are installed and operated, or a micro market.
(u) (t) "Wholesale" means selling other than directly to consumers.
(v) (u) "Wild game" means animals from their natural state and not cultivated, domesticated, or tamed.
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 part 110 or the food code.
(2) Cottage food products shall must be prepackaged and properly labeled prior to before sale.
(3) At a minimum, Except as otherwise provided in subsection (9), a cottage food operation shall place on the label of any food it produces or packages the following information:
(a) The One of the following:
(i) The name and address of the business of the cottage food operation.
(ii) The name, telephone number, and registration number issued under subsection (8) 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 and rural development.".
(4) Cottage Except as otherwise provided in this subsection, a cottage food products may product must 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. A cottage food product may be sold by internet or mail order or may be delivered to a consumer through a third-party food delivery platform if the cottage food operation provides an opportunity for a consumer to directly interact with the cottage food operation before the cottage food product is sold. A cottage food product sold by internet or mail order or delivered through a third-party food delivery platform must be sold or delivered only to a consumer in this state. As used in this subsection:
(a) "Directly interact with" includes either a face-to-face meeting or a virtual meeting.
(b) "Virtual meeting" includes, but is not limited to, a meeting in which communication occurs electronically in a manner that permits 2-way communications so that participants can see or be seen and hear or be heard by all parties to the communication.
(5) The gross sales of cottage food products by a cottage food operation shall not exceed $20,000.00 annually until December 31, 2017. After December 31, 2017, the The gross sales of cottage food products by a cottage food operation shall must not exceed $25,000.00 $43,000.00 annually until January 1, 2024. After January 1, 2024, the department shall annually adjust the gross sales amount in this subsection by the percentage by which the Detroit Consumer Price Index exceeds or is less than the Detroit Consumer Price Index for the preceding calendar year. For the purposes of this subsection, gross sales shall must be computed on the basis of the amount of gross sales within or at a particular domestic residence and shall must 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. As used in this subsection, "Detroit Consumer Price Index" means the most comprehensive index of consumer prices available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.
(6) Cottage food products shall must 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.
(8) If the MSU Product Center administers a registration program for cottage food operations, the records of which must be available to the department on request, a cottage food operation may register with the MSU Product Center. The MSU Product Center may do both of the following:
(a) Issue a document that evidences the granting of a registration and contains an identifying number unique to a cottage food operation.
(b) Collect a 1-time registration fee of not more than $50.00 to administer the registration program.
(9) A cottage food operation that registers with the MSU Product Center under subsection (8) shall include on the label described under subsection (3) the registration number issued to the cottage food operation, if applicable. A cottage food operation that does not register with the MSU Product Center under subsection (8) shall include on the label described in subsection (3) the name and address of the cottage food operation.
(10) Information obtained under subsection (8) is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
