Bill Text: MI SB0353 | 2021-2022 | 101st Legislature | Engrossed

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Bill Title: Food: licensing; waiver for licensing and registration fees for certain food establishments, water bottlers, and water dispensing machine owners for the 2021 to 2022 licensing year; provide for. Amends secs. 3119, 4111 & 4115 of 2000 PA 92 (MCL 289.3119 et seq.). TIE BAR WITH: SB 0354'21

Spectrum: Partisan Bill (Republican 12-0)

Status: (Engrossed - Dead) 2021-05-05 - Referred To Committee On Regulatory Reform [SB0353 Detail]

Download: Michigan-2021-SB0353-Engrossed.html

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Substitute For

SENATE BILL NO. 353

A bill to amend 2000 PA 92, entitled

"Food law,"

by amending sections 3119, 4111, and 4115 (MCL 289.3119, 289.4111, and 289.4115), section 3119 as amended by 2018 PA 92 and section 4111 as amended by 2016 PA 188.

the people of the state of michigan enact:

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Sec. 3119. (1) Until December 31, 2023, and except as otherwise provided for in subsection (2) or (7), upon on submission of an application, an applicant for a food service establishment license shall pay to the local health department having jurisdiction the required fees authorized by section 2444 of the public health code, MCL 333.2444, and an additional state license fee as follows:

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(a)	Temporary food service establishment............	$	4.00.
(b)	Food service establishment......................	$	25.00.
(c)	Mobile food establishment commissary............	$	25.00.
(d)	Special transitory food unit....................	$	39.00.

(2) When licensing a special transitory food unit, a local health department shall impose a fee of $150.00, which includes the additional state license fee imposed under subsection (1) unless exempted under subsection (4), or (5), or (7).

(3) The Except as otherwise provided under subsection (7), a state license fee required under subsection (1) must be collected by the local health department at the time the license application is submitted. The state license fee is due and payable by the local health department to the state within 60 days after the fee is collected.

(4) A charitable, religious, fraternal, service, civic, or other nonprofit organization that has tax-exempt status under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, is exempt from paying additional state license fees imposed under this section. This Except as otherwise provided under subsection (7), this subsection does not restrict the ability of the governing board of a local health department or authority to fix, revoke, or amend fees as further authorized and described under section 2444 of the public health code, MCL 333.2444. An organization seeking an exemption under this subsection shall furnish to provide the department or a local health department with evidence of its tax-exempt status.

(5) A veteran who has a waiver of a license fee under the circumstances described in 1921 PA 359, MCL 35.441 to 35.443, is exempt from paying the fees prescribed in this section.

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(6) The local health department shall forward the license applications to the department with appropriate recommendations.

(7) The department or a local health department shall not charge or collect any license fee described under this section for a license application submitted to the department for a food service establishment license that is valid for all or part of the licensing year that begins May 1, 2021 and ends at midnight on April 30, 2022. To the extent that the department or a local health department has charged and collected a license fee described under this section for a food service establishment license that is valid during the licensing year that begins May 1, 2021 and ends at midnight on April 30, 2022, the department or a local health department shall refund any license fee that was charged and collected.

Sec. 4111. (1) The Except as otherwise provided in subsection (5), the department shall impose the following license fees for each year or portion of a year:

(a) Retail grocery: $106.00 for 2016, $145.00 for 2017, and $183.00 for any subsequent year.

(b) Extended retail food establishment: $271.00 for 2016, $370.00 for 2017, and $468.00 for any subsequent year.

(c) Food processor: $271.00 for 2016, $370.00 for 2017, and $468.00 for any subsequent year.

(d) Limited food processor: $106.00 for 2016, $145.00 for 2017, and $183.00 for any subsequent year.

(e) Mobile food establishment: $183.00 for 2016, $186.00 for 2017, and $189.00 for any subsequent year.

(f) Temporary food establishment: $40.00 for 2016, $55.00 for 2017, and $70.00 for any subsequent year.

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(g) Special transitory food unit: $150.00 for 2016, $153.00 for 2017, and $156.00 for any subsequent year.

(h) Mobile food establishment commissary: $183.00 for 2016, $186.00 for 2017, and $189.00 for any subsequent year.

(i) Food warehouse or vending company base location: $106.00 for 2016, $145.00 for 2017, and $183.00 for any subsequent year. In addition, the The operator of the vending company base location shall pay an additional fee based on the number of vending machine locations in this state, as follows:

(i) 1 to 20 locations, $500.00.

(ii) 21 to 50 locations, $750.00.

(iii) 51 to 75 locations, $2,000.00.

(iv) More than 75 locations, $3,000.00.

If a person operates more than 1 vending company base location in this state, all vending machine locations served by those vending company base locations shall must be aggregated on 1 of the vending company base location licenses for the purpose of determining the amount of the additional fee for vending machine locations.

(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 conduct of the food service program by the department. The fees imposed must 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

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the 12-month period, the department shall collect the fees only as authorized pursuant to an appropriation.

(3) Any Except as otherwise provided in subsection (5), a 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.

(5) The department shall not charge or collect a license fee described under this section or a late fee under section 4113 for an initial license or renewal license application submitted to the department for a food service establishment license that is valid for all or part of the licensing year that begins May 1, 2021 and ends at midnight on April 30, 2022. To the extent that the department or a local health department has charged and collected a license fee described under this section for a food service establishment license that is valid during the licensing year that begins May 1, 2021 and ends at midnight on April 30, 2022, the department or a local health department shall refund any license fee that was charged and collected.

Sec. 4115. (1) A water bottler or water dispensing machine owner shall register with the department each brand of bottled water with a unique declaration of identity before the sale or offering for sale of the water. The application for registration shall must be made on a form prescribed by the department and shall include both of the following:

(a) The proposed label or placard for the water.

(b) For Except as otherwise provided under subsection (4), for each year or portion of a year, a registration fee of $25.00 for

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each brand of water with a unique declaration of identity and $25.00 for each water dispensing machine.

(2) The registration required by subsection (1) expires annually on April 30 and shall must be renewed 30 calendar days before expiration of the current registration.

(3) The Except as otherwise provided under subsection (4), the department shall assess a late fee of $25.00 for bottled water or water from a water dispensing machine that is sold or offered for sale without registration. A registration is not effective until the late fee is paid.

(4) The department shall not charge or collect from a water bottler or water dispensing machine owner a registration fee or late fee described under this section for a registration that is valid for all or part of the registration year that begins May 1, 2021 and ends at midnight on April 30, 2022. To the extent that the department has charged and collected a registration fee described under this section for a registration that is valid during the registration year that begins May 1, 2021 and ends at midnight on April 30, 2022, the department shall refund any registration fee that was charged and collected.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 354 of the 101st Legislature is enacted into law.