Bill Text: MI SB0572 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Use tax; exemptions; sale of food from vending machine; eliminate exemption. Amends sec. 4d of 1937 PA 94 (MCL 205.94d).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-13 - Referred To Committee On Finance [SB0572 Detail]
Download: Michigan-2009-SB0572-Introduced.html
SENATE BILL No. 572
May 13, 2009, Introduced by Senator SWITALSKI and referred to the Committee on Finance.
A bill to amend 1937 PA 94, entitled
"Use tax act,"
by amending section 4d (MCL 205.94d), as amended by 2008 PA 439.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4d. (1) The following are exempt from the tax under this
act:
(a) Sales of drugs for human use that can only be legally
dispensed by prescription or food or food ingredients, except
prepared food intended for immediate human consumption and, after
June 1, 2009, food and food ingredients sold from a vending
machine.
(b) The deposit on a returnable container for a beverage or
the deposit on a carton or case that is used for returnable
containers.
(c) Food or tangible personal property purchased under the
federal food stamp program or meals sold by a person exempt from
the tax under this act eligible to be purchased under the federal
food stamp program.
(d) Fruit or vegetable seeds and fruit or vegetable plants if
purchased at a place of business authorized to accept food stamps
by the food and nutrition service of the United States department
of agriculture or a place of business that has made a complete and
proper application for authorization to accept food stamps but has
been denied authorization and provides proof of denial to the
department of treasury.
(e) Live animals purchased with the intent to be slaughtered
for human consumption.
(2)
Food Before June 1, 2009, food or drink heated or
cooled
mechanically, electrically, or by other artificial means to an
average temperature above 75 degrees Fahrenheit or below 65 degrees
Fahrenheit before sale and sold from a vending machine, except
milk, nonalcoholic beverages in a sealed container, and fresh
fruit, is subject to the tax under this act. The tax due under this
act on the sale of food or drink from a vending machine selling
both taxable items and items exempt under this subsection shall be
calculated under this act after December 31, 1994 based on 1 of the
following as determined by the taxpayer:
(a) Actual gross proceeds from sales at retail.
(b) Forty-five percent of proceeds from the sale of items
subject to tax under this act or exempt from the tax levied under
this act, other than from the sale of carbonated beverages.
(3) "Food and food ingredients" means substances, whether in
liquid, concentrated, solid, frozen, dried, or dehydrated form,
that are sold for ingestion or chewing by humans and are consumed
for their taste or nutritional value. Food and food ingredients do
not include alcoholic beverages and tobacco.
(4) "Prepared food" means the following:
(a) Food sold in a heated state or that is heated by the
seller.
(b) Two or more food ingredients mixed or combined by the
seller for sale as a single item.
(c) Food sold with eating utensils provided by the seller,
including knives, forks, spoons, glasses, cups, napkins, straws, or
plates, but not including a container or packaging used to
transport the food.
(5) Prepared food does not include the following:
(a) Food that is only cut, repackaged, or pasteurized by the
seller.
(b) Raw eggs, fish, meat, poultry, and foods containing those
raw items requiring cooking by the consumer in recommendations
contained in section 3-401.11 of part 3-4 of chapter 3 of the 2001
food code published by the food and drug administration of the
public health service of the department of health and human
services, to prevent foodborne illness.
(c) Food sold in an unheated state by weight or volume as a
single item, without eating utensils.
(d) Bakery items, including bread, rolls, buns, biscuits,
bagels, croissants, pastries, doughnuts, danish, cakes, tortes,
pies, tarts, muffins, bars, cookies, and tortillas, sold without
eating utensils.
(6) "Prepared food intended for immediate human consumption"
means prepared food and, after June 1, 2009, food and food
ingredients sold from a vending machine.