Bill Text: MI SB0939 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Food; other; exemption from definition of food establishments; eliminate for nursing homes, homes for the aged, and adult foster care facilities. Amends sec. 1107 of 2000 PA 92 (MCL 289.1107). TIE BAR WITH: SB 0886'14, SB 0887'14, SB 0888'14
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-05-14 - Referred To Committee On Appropriations [SB0939 Detail]
Download: Michigan-2013-SB0939-Introduced.html
SENATE BILL No. 939
May 14, 2014, Introduced by Senators NOFS and MOOLENAAR and referred to the Committee on Appropriations.
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending section 1107 (MCL 289.1107), as amended by 2012 PA 178.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1107. As used in this act:
(a) "Department" means the department of agriculture and rural
development.
(b) "Director" means the director of the department or his or
her designee.
(c) "Domestic residence" means a single-family dwelling or an
area within a rental unit where a single person or family actually
resides. Domestic residence does not include either of the
following:
(i) A group or communal residential setting within any type of
structure.
(ii) An outbuilding, shed, barn, or other similar structure.
(d) "Egg" does not include a balut, which is an embryo inside
a fertile egg that has been incubated for a period sufficient for
the embryo to reach a specific stage of development after which it
is removed from incubation before hatching.
(e) "Evaluation" means a food safety audit, inspection, or
food safety and sanitation assessment, whether announced or
unannounced, that identifies violations or verifies compliance with
this act and determines the degree of active control by food
establishment operators over foodborne illness risk factors.
(f) "Extended retail food establishment" means a retail
grocery that does both of the following:
(i) Serves or provides an unpackaged food for immediate
consumption.
(ii) Provides customer seating in the food service area.
(g) "Fair" means a fair or exhibition operated and managed
under 1929 PA 11, MCL 46.151 to 46.153, or held by an agricultural
or horticultural society under 1855 PA 80, MCL 453.231 to 453.240.
(h) "Fair concession" means a food concession, storage,
preparation, or dispensing operation at a state or county fair.
(i) "Farmers' market" means a public and recurring assembly of
farmers or their representatives selling directly to consumers food
and products that the farmers have produced themselves. In
addition, the market may include a variety of other vendors as
determined by market management.
(j) "Federal act" means the federal food, drug, and cosmetic
act, chapter 675, 52 Stat. 1040, 21 USC 301 to 399d.
(k) "Festival" means an event, staged by a local community or
local organization, that centers on and celebrates a certain aspect
of that community or organization. Festival includes, but is not
limited to, a fair, art show, chili cook-off, car show, hot air
balloon festival, religious festival, drama festival, or cultural
festival.
(l) "First receiver" means a person who receives eggs from a
producer at any place of business and candles, grades, sorts,
packs, or packages the eggs.
(m) "Food" means articles used for food or drink for humans or
other animals, chewing gum, and articles used for components of any
such article.
(n) "Food additive" means any substance, the intended use of
which, directly or indirectly, results in or may be reasonably
expected to result in its becoming a component or otherwise
affecting the characteristics of any food if that substance is not
generally recognized among experts as having been adequately shown
through scientific procedures to be safe under the conditions of
its intended use. Food additive includes any substance intended for
use in producing, manufacturing, packing, processing, preparing,
treating, packaging, transporting, or holding food and includes any
source of radiation intended for any use. Food additive does not
include any of the following:
(i) A pesticide chemical in or on a raw agricultural commodity.
(ii) A pesticide chemical to the extent that it is intended for
use or is used in the production, storage, or transportation of any
raw agricultural commodity.
(iii) A color additive.
(iv) Any substance used in accordance with a sanction or
approval granted before the enactment of the food additives
amendment of 1958, Public Law 85-929, pursuant to the federal act,
the poultry products inspection act, 21 USC 451 to 472, or the
federal meat inspection act, 21 USC 601 to 683.
(o) "Food code" means food code, 2009 recommendations of the
food and drug administration of the United States public health
service that regulates the design, construction, management, and
operation of certain food establishments.
(p) "Food establishment" means an operation where food is
processed, packed, canned, preserved, frozen, fabricated, stored,
prepared, served, sold, or offered for sale. Food establishment
includes, but is not limited to, a food processor, a food
warehouse, a food service establishment, and a retail grocery. Food
establishment does not include any of the following:
(i) A charitable, religious, fraternal, or other nonprofit
organization operating a home-prepared baked goods sale or serving
only home-prepared food in connection with its meetings or as part
of a fund-raising event.
(ii) An inpatient food operation located in a health facility
or agency subject to licensure under article 17 of the public
health code, MCL 333.20101 to 333.22260. This subparagraph does not
apply to a home for the aged or a nursing home as defined,
respectively, in sections 20106 and 20109 of the public health
code, 1978 PA 368, MCL 333.20106 and 333.20109.
(iii) A food operation located in a prison, jail, state mental
health institute, boarding house, fraternity or sorority house,
convent, or other facility where the facility is the primary
residence for the occupants and the food operation is limited to
serving meals to the occupants as part of their living arrangement.
This subparagraph does not apply to an adult foster care facility
as defined in section 3 of the adult foster care facility licensing
act, 1979 PA 218, MCL 400.703.
(q) "Food processor" means a food establishment that
processes, manufactures, wholesales, packages, labels, or stores
food. Food processor does not include a maple syrup producer.
Processing is an act, such as canning, freezing, dehydrating,
drying, distilling, extracting, preserving, grinding, crushing,
milling, washing, trimming, packing, or otherwise preserving or
changing the form of a food.
(r) "Food safety and sanitation assessment" means judging or
assessing specific food handling activities, events, conditions, or
management systems in an effort to determine their potential
effectiveness in controlling risks for foodborne illness and
required compliance with this act, accompanied by a report of
findings.
(s) "Food safety audit" means the methodical examination and
review of records, food sources, food handling procedures, and
facility cleaning and sanitation practices for compliance with this
act, accompanied by a report of findings. Food safety audit
includes checking or testing, or both, of observable practices and
procedures to determine compliance with standards contained in or
adopted by this act, accompanied by a report of findings.
(t) "Food service establishment" means a fixed or mobile
restaurant, coffee shop, cafeteria, short order cafe, luncheonette,
grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail
lounge, nightclub, drive-in, industrial feeding establishment,
private organization serving the public, rental hall, catering
kitchen, delicatessen, theater, commissary, food concession, or
similar place in which food or drink is prepared for direct
consumption through service on the premises or elsewhere, and any
other eating or drinking establishment or operation where food is
served or provided for the public. Food service establishment does
not include any of the following:
(i) A motel that serves continental breakfasts only.
(ii) A bed and breakfast that has 10 or fewer sleeping rooms
for rent.
(iii) A bed and breakfast that has more than 10 sleeping rooms
for rent, if the bed and breakfast serves continental breakfasts
only.
(iv) A child care organization regulated under 1973 PA 116, MCL
722.111 to 722.128, unless the establishment is carrying out an
operation considered by the director to be a food service
establishment.
(u) "Food warehouse" means a food establishment that stores or
distributes food for wholesale.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. 886.
(b) Senate Bill No. 887.
(c) Senate Bill No. 888.
