Bill Text: MI HB5940 | 2013-2014 | 97th Legislature | Introduced

---

Bill Title: Food; other; certain MDARD fees; increase. Amends secs. 2111, 2125, 4111 & 4113 of 2000 PA 92 (MCL 289.2111 et seq.).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-12-02 - Referred To Second Reading [HB5940 Detail]

Download: Michigan-2013-HB5940-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5940

 

November 12, 2014, Introduced by Reps. Daley and Lauwers and referred to the Committee on Agriculture.

 

     A bill to amend 2000 PA 92, entitled

 

"Food law,"

 

by amending sections 2111, 2125, 4111, and 4113 (MCL 289.2111,

 

289.2125, 289.4111, and 289.4113), section 2111 as amended by 2007

 

PA 113, sections 2125 and 4111 as amended by 2012 PA 178, and

 

section 4113 as amended by 2007 PA 114.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2111. (1) The director shall have free access at all

 

reasonable hours to any food establishment, including a vehicle

 

used to transport or hold food, for the purpose of evaluating that

 

food establishment or vehicle to determine if any of the provisions

 

of this act or rules promulgated under this act are being violated.

 

The director may secure samples or specimens of any food, after

 

paying or offering to pay for such the samples, in order to

 

determine whether any provision of this act is if this act or rules

 

promulgated under this act are being violated.

 

     (2) The director may examine the records of the food

 

establishment to obtain pertinent information about food, supplies,

 

and equipment purchased, received, or used by, or pertaining to,

 

persons employed by, the food establishment or location.

 

     (3) The director may take photographs or copy records as part

 

of an evaluation. When a food establishment identifies by written

 

document or mark that a certain area or record contains visible

 

trade secrets, the director shall identify any photographs of that

 

area or record as being confidential and shall diligently protect

 

the confidentiality.

 

     Sec. 2125. (1) The department shall charge the following fees

 

for the following services:

 

     (a) A reissuance of a duplicate license, $15.00.

 

     (b) A free-sale letter, $25.00 $60.00 per letter. in an order

 

and $5.00 per duplicate letter in the same order.

 

     (c) An evaluation of a food establishment if the evaluation is

 

a second reevaluation of a food establishment that has already been

 

evaluated and found to have a priority item or priority foundation

 

item violation or if the evaluation is performed at the request of

 

the operator, $60.00.

 

     (d) A shellfish dealer's certificate, $150.00 annually.

 

     (e) A review and approval of training materials, $60.00 per

 

hour.

 

     (f) A special transitory food unit plan review, $197.00.

 

     (g) A plan review as specified in section 8-201.11 of the food

 

code, $197.00.

 

     (2) Fees collected under this section shall be deposited in

 

the dairy and food safety fund created in section 4117 for

 

enforcement of this act.

 

     (3) The services referred to in subsection (1)(e) and (f)

 

involve the formal review and approval procedure. The department

 

may provide informal review or answer questions without charging a

 

fee.

 

     Sec. 4111. (1) The department shall impose the following

 

license fees for each year or portion of a year:

 

     (a) Retail food establishment: $67.00.$134.00 for 2015,

 

$160.00 for 2016, and $183.00 for any subsequent year.

 

     (b) Extended retail food establishment: $172.00.$344.00 for

 

2015, $400.00 for 2016, and $468.00 for any subsequent year.

 

     (c) Food processor: $172.00.$344.00 for 2015, $400.00 for

 

2016, and $468.00 for any subsequent year.

 

     (d) Limited food processor: $67.00.$134.00 for 2015, $160.00

 

for 2016, and $183.00 for any subsequent year.

 

     (e) Mobile food establishment: $172.00.$183.00 for 2015,

 

$186.00 for 2016, and $189.00 for any subsequent year.

 

     (f) Temporary food establishment: $25.00.$50.00 for 2015,

 

$60.00 for 2016, and $70.00 for any subsequent year.

 

     (g) Special transitory food unit: $135.00.$150.00 for 2015,

 

$153.00 for 2016, and $156.00 for any subsequent year.

 

     (h) Mobile food establishment commissary: $172.00.$183.00 for

 

2015, $186.00 for 2016, and $189.00 for any subsequent year.

 

     (i) Food warehouse: $67.00.$134.00 for 2015, $160.00 for 2016,

 

and $183.00 for any subsequent year.

 

     (j) Food service establishment: the amounts described in

 

subsection (2).

 

     (2) If a local health department no longer conducts a food

 

service program, the department, in consultation with the

 

commission of agriculture and rural development, shall set the food

 

sanitation fees to be imposed for the department's services

 

performed under subsection (1)(j). conduct of the food service

 

program by the department. The fees imposed shall equal, as nearly

 

as possible, 1/2 of the department's cost of providing the service.

 

The department may impose the service fees for up to 12 months

 

after the date of cessation by the local health department. After

 

the 12-month period, the department shall collect the fees only in

 

the amount provided by amendment of this act or as authorized

 

pursuant to an appropriation.

 

     (3) Any license fee paid on an initial application is

 

nonrefundable.

 

     (4) The department may charge a convenience fee and collect

 

from the applicant any additional costs associated with the method

 

of fee payment for the license or permit fees described in this

 

chapter, not to exceed the costs to the department.

 

     Sec. 4113. (1) The department shall impose, for a renewal

 

application postmarked or delivered in person beginning on or after

 

May 1 of each year, a late fee of an additional $10.00 for each

 

business day the application is late. $150.00. The late fee for a

 

new application submitted after the establishment has opened for

 

business is an additional $10.00 for each business day the

 

application is late. The total late fee shall not exceed $100.00.

 

$150.00.

 

     (2) The department shall not issue or renew a license until

 

the fee and any late fee, reinspection fees, and fines have been

 

paid. A hearing is not required regarding the department's refusal

 

to issue or renew a license under this section is not required

 

except as allowed provided under the administrative procedures act

 

of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (3) The department may waive the late fee for producers of

 

maple syrup, honey, and other seasonal agricultural products if the

 

license application is submitted not less than 30 days before the

 

applicant engages in processing, packing, freezing, storing, or

 

selling , or offering for sale the food or drink described in this

 

subsection.product.

 

     (4) The late fee shall be retained by any certified health

 

department or, in an area where there is no certified health

 

department, by the department.

 

     (5) The department shall use the late fee for the

 

administration and enforcement of this act.