reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-II - Chapter II Powers and Duties of the Department (289.2101...289.2132) › Section 289.2117 - Annual Report; Dissemination of Information.

289.2117 Annual report; dissemination of information.
Sec. 2117.
The department shall submit to the governor and the legislature an annual report summarizing all judgments, decrees, and court orders, which have been rendered by the department under this act, including the nature of the charge and the disposition thereof. The department may disseminate information regarding food as it considers necessary to protect the health of the consumer and the protection of the consumer against fraud. This section does not prohibit the department from collecting, reporting, and illustrating the results of the investigations of the department.
History:
2000, Act 92, Eff. Nov. 8, 2000
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-II - Chapter II Powers and Duties of the Department (289.2101...289.2132) › Section 289.2119 - Rules; Evaluation, Consultation, and Training Support to Local Health Departments; Review; Criteria.

289.2119 Rules; evaluation, consultation, and training support to local health departments; review; criteria.
Sec. 2119.
(1) Notwithstanding section 12909(1) of the public health code, MCL 333.12909, the department may promulgate rules to prescribe criteria for food service programs by local health departments. The department in promulgating these rules shall seek the advice and counsel of local health departments and the food service industry.
(2) The department shall provide evaluation, consultation, and training support to local health departments delegated authority and responsibility to perform food service program activities under section 3105.
(3) The department shall periodically conduct comprehensive reviews of each local health department's food service program. The reviews shall be based on criteria developed by the department with input from local health departments and may include a review of 1 or more elements of the following:
(a) Compliance with this act by the food service establishments within the local health department jurisdiction.
(b) The competency and training of the food service evaluation personnel.
(c) Compliance with the delegated program activities and established program review criteria, including implementation of risk-based strategies.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008 ;-- Am. 2012, Act 178, Eff. Oct. 1, 2012
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-II - Chapter II Powers and Duties of the Department (289.2101...289.2132) › Section 289.2121 - License Limitations; Notice; Hearing.

289.2121 License limitations; notice; hearing.
Sec. 2121.
(1) The director may issue a food establishment license with limitations. License limitations may be imposed based upon either of the following determinations:
(a) The site, facility, sewage disposal system, equipment, water supply, or the food supplies, protection, storage, preparation, display, service, or transportation facilities are not adequate to accommodate the proposed or existing menu or otherwise adequate to protect the public health.
(b) Food establishment personnel are not practicing proper food storage, preparation, handling, display, service, or transportation techniques.
(2) The director shall promptly notify a license holder of the imposition of a license limitation. The license holder shall be provided an opportunity for an administrative hearing on the issue of the imposition of the limitation.
History:
2000, Act 92, Eff. Nov. 8, 2000
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-II - Chapter II Powers and Duties of the Department (289.2101...289.2132) › Section 289.2123 - License Limitations; Reevaluation; Removal of Limitations and Reinstatement of License.

289.2123 License limitations; reevaluation; removal of limitations and reinstatement of license.
Sec. 2123.
(1) A person whose license has been limited by the director may, at any time, request a reevaluation of the food establishment for the purpose of removing the limitation and reinstating the full license.
(2) Based upon its reevaluation, if the director determines that the conditions for removal of the license limitation have been met, he or she shall remove the limitation and reinstate the full license.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-II - Chapter II Powers and Duties of the Department (289.2101...289.2132) › Section 289.2124 - Access to Markets for Food; Certificate of Free Sale; Application; Fees; "Certificate of Free Sale" Defined.

289.2124 Access to markets for food; certificate of free sale; application; fees; "certificate of free sale" defined.
Sec. 2124.
(1) To facilitate continued access to markets for food, the department may do 1 or both of the following:
(a) At the request of a food processor or based upon records voluntarily supplied by a food processor, inspect, audit, or certify a food establishment where food is processed or manufactured in this state.
(b) Issue certificates of free sale under subsection (3).
(2) A food processor shall submit an application for a certificate of free sale on a form and in a manner prescribed by the department.
(3) The department shall grant or deny an application for a certificate of free sale within 10 business days after the department receives a completed application under subsection (2) and the application fee under subsection (4). If the department determines that the application meets the requirements of this act and the rules promulgated under this act, the department shall issue a certificate of free sale. If the department determines that the application does not meet the requirements of this act or the rules promulgated under this act, the department shall deny the application and send a written notice to the food processor stating the reasons for the denial.
(4) A food processor shall pay the department the following fees, as applicable:
(a) An application fee, $60.00.
(b) A duplicate copy of a certificate of free sale, $10.00.
(5) A fee collected under subsection (4) must be deposited in the dairy and food safety fund created in section 4117.
(6) A certificate of free sale issued under this section is valid for 1 year.
(7) As used in this section, "certificate of free sale" means a document that is issued by the department that verifies that the food listed is processed or manufactured in this state and is legally sold or distributed in this state and on the open market with the approval of the department.
History:
Add. 2022, Act 126, Imd. Eff. June 29, 2022
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-II - Chapter II Powers and Duties of the Department (289.2101...289.2132) › Section 289.2125 - Fees for Certain Services.

289.2125 Fees for certain services.
Sec. 2125.
(1) The department shall charge the following fees for the following services:
(a) A reissuance of a duplicate license, $15.00.
(b) 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.
(c) A shellfish dealer's certificate, $150.00 annually.
(d) A review and approval of training materials, $60.00 per hour.
(e) A special transitory food unit plan review, $197.00.
(f) A plan review as specified in section 8-201.11 of the food code, $197.00.
(2) Fees collected under this section must 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)(d) and (e) involve the formal review and approval procedure. The department may provide informal review or answer questions without charging a fee.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Jan. 1, 2008 ;-- Am. 2012, Act 178, Eff. Oct. 1, 2012 ;-- Am. 2015, Act 61, Eff. Oct. 1, 2015 ;-- Am. 2022, Act 126, Imd. Eff. June 29, 2022
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-II - Chapter II Powers and Duties of the Department (289.2101...289.2132) › Section 289.2127 - Manager Food Safety Training; Conditions for Requiring.

289.2127 Manager food safety training; conditions for requiring.
Sec. 2127.
After a conference with the owner of a retail food establishment for a repeated failure to correct a priority item or priority foundation item violation, the director may require certain individuals to complete manager food safety training for that food establishment.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2012, Act 178, Eff. Oct. 1, 2012
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-II - Chapter II Powers and Duties of the Department (289.2101...289.2132) › Section 289.2131 - Definition and Standard of Identity; Rules Fixing and Establishing.

289.2131 Definition and standard of identity; rules fixing and establishing.
Sec. 2131.
(1) When the department determines such action will promote honesty and fair dealing in the interest of consumers, the department shall promulgate rules fixing and establishing for any food or class of food a reasonable definition, standard of identity, and reasonable standard of quality and fill of container.
(2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the department shall designate the optional ingredients that are required to be named on the label.
History:
2000, Act 92, Eff. Nov. 8, 2000
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-II - Chapter II Powers and Duties of the Department (289.2101...289.2132) › Section 289.2132 - Agreements With Other States and Federal Government.

289.2132 Agreements with other states and federal government.
Sec. 2132.
The department may enter into agreements with other states and the federal government to provide and accept food safety assistance, including the training of personnel. Any employee of the department assigned to food safety duties or training programs outside this state shall be considered to be working inside this state for purposes of compensation and any other employee benefits.
History:
Add. 2012, Act 178, Eff. Oct. 1, 2012
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3103 - Definitions.

289.3103 Definitions.
Sec. 3103.
As used in this chapter:
(a) "Certified health department" means a county, district, or city health department that meets the criteria for certification of health departments established by this act and that is authorized by the director to enforce this act for retail groceries, food processors, or fair concessions.
(b) "Foodborne illness outbreak" means an incident where any of the following occur:
(i) Two or more persons, not of the same household, have ingested a common food and have a similar disease or similar symptoms or excrete the same pathogens, and there is a time, place, or person association between these persons.
(ii) There is a single case of suspected botulism, mushroom poisoning, paralytic shellfish poisoning, or other rare disease.
(iii) There is a case of a disease or poisoning that can be definitely related to ingestion of a food.
(c) "Food service program" means the systematic activity of the department and a local health department for effective administration and enforcement of the food code and this act, including all of the following:
(i) Periodic evaluations of food service establishments, temporary food service establishments, vending machines, and vending machine locations for compliance with law.
(ii) Support of recommendations for licensure with appropriate records.
(iii) Review of plans and specifications for new and extensively remodeled establishments.
(iv) Educational activities.
(v) Investigation of reports of foodborne illnesses.
(vi) Other activities which may be necessary to ensure proper implementation of this act.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008 ;-- Am. 2012, Act 178, Eff. Oct. 1, 2012
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3107 - Enforcement; Delegation to Certified Health Department.

289.3107 Enforcement; delegation to certified health department.
Sec. 3107.
The director may delegate the authority and responsibility for the enforcement of the requirements pertaining to food processing plants, retail grocers, and food concessions contained in this act and any rules adopted under this act to any certified health department. The certified health departments shall enforce this act and any rules promulgated under this act.
History:
2000, Act 92, Eff. Nov. 8, 2000
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3109 - Local Health Departments as Authorized Agents.

289.3109 Local health departments as authorized agents.
Sec. 3109.
Local health departments that are delegated authority by the director pursuant to this chapter are authorized agents of the director for the purpose of implementing and administering this act and rules promulgated under this act.
History:
2000, Act 92, Eff. Nov. 8, 2000
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3111 - Retention of Authority Under MCL 333.2401 to 333.2498.

289.3111 Retention of authority under MCL 333.2401 to 333.2498.
Sec. 3111.
The power and authority granted under part 24 of the public health code, MCL 333.2401 to 333.2498, shall be retained by local health departments delegated authority under this act.
History:
2000, Act 92, Eff. Nov. 8, 2000
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3113 - Compliance With Applicable Local Laws; Conflict.

289.3113 Compliance with applicable local laws; conflict.
Sec. 3113.
A county, city, village, or township shall not regulate those aspects of food service establishments that are subject to regulation under this act except to the extent necessary to carry out the responsibility of a local health department to implement licensing provisions of chapter IV. This chapter does not relieve the applicant for a license or a licensee from responsibility for securing a local permit or complying with applicable local codes, regulations, or ordinances not in conflict with this act.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2016, Act 188, Eff. Sept. 19, 2016
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3117 - Hearing; Enforcement Procedure; Availability.

289.3117 Hearing; enforcement procedure; availability.
Sec. 3117.
A local health department may apply procedures for enforcement of this act that provide notice and opportunity for a hearing equivalent in effectiveness to and which protect the rights of the applicant or licensee comparable to the provisions of chapters 4 and 5 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.292. A local health department shall have a written enforcement procedure and shall make a copy of that procedure available to the public upon request.
History:
2000, Act 92, Eff. Nov. 8, 2000
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3121 - Evaluations; Maintenance and Retention of Records.

289.3121 Evaluations; maintenance and retention of records.
Sec. 3121.
(1) The department or a local health department shall conduct evaluations in compliance with this act.
(2) Records for all of the following shall be maintained by a local health department:
(a) Applications for licensure.
(b) Operation licenses.
(c) Evaluation reports.
(d) Pertinent correspondence.
(e) Plans and specifications.
(f) Administrative actions.
(g) Other applicable information relating to the operation of each food service establishment.
(3) A local health department shall maintain a record of all consumer complaints, the ensuing investigation, and the result of the complaint.
(4) All department and local health department records shall be retained in accordance with the records retention schedule of the department.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3123 - Evaluations; Frequency.

289.3123 Evaluations; frequency.
Sec. 3123.
(1) A compliance evaluation of each food service establishment shall be performed by the director at least once every 6 months or as required by a statewide department approved risk-based schedule. Risk-based schedules shall be developed in consultation with local health departments.
(2) A food service establishment which operates for 9 or fewer months each year shall be inspected at least once during the period of operation by the director or as prescribed in the department's risk-based schedule.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3125 - Evaluations; Reducing Frequency; Limitation.

289.3125 Evaluations; reducing frequency; limitation.
Sec. 3125.
(1) Subject to subsection (3), a local health department, with the approval of the director and based on criteria developed by the department in consultation with local health departments, may reduce the frequency of evaluations of individual food service establishments if the local health department determines that a reduced evaluation frequency will not adversely affect food safety practices within the food service establishment.
(2) A food service establishment which, upon investigation, is implicated in a foodborne illness outbreak or chemical intoxication shall be evaluated by the director for compliance within the next 12 months.
(3) A local health department shall not reduce the minimum frequency of evaluations of any food service establishment to less than that described in section 3123 unless approved by the department.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008 ;-- Am. 2012, Act 178, Eff. Oct. 1, 2012
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3127 - Evaluation Findings; Report.

289.3127 Evaluation findings; report.
Sec. 3127.
(1) The findings of an evaluation of a food service establishment shall be recorded on an evaluation report form approved by the department. A violation of a priority item or priority foundation item shall be designated as such on the form. A violation by a food establishment of section 12603 or 12905 of the public health code, MCL 333.12603 and 333.12905, is not a violation of a priority item or priority foundation item of this act or the food code.
(2) The evaluation report shall summarize findings relative to compliance with the requirements of this act. The report form shall be signed and dated by the director.
(3) Upon completion of the evaluation, a copy of the completed evaluation report form shall be furnished to the person in charge of the food service establishment. If the person in charge does not sign the report form acknowledging receipt, delivery of the report form to the person in charge shall be otherwise documented by the director.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008 ;-- Am. 2012, Act 178, Eff. Oct. 1, 2012
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3129 - Foodborne Diseases and Poisonings; Allegation; Investigation; Notice.

289.3129 Foodborne diseases and poisonings; allegation; investigation; notice.
Sec. 3129.
(1) A local health department shall investigate an allegation of foodborne diseases and poisonings or suspected foodborne diseases and poisonings connected with food service establishments within its jurisdiction and delegated authority and shall promptly make a report of its findings to the department.
(2) If an investigation indicates that a source of a foodborne disease or poisoning was from a food processing, food storage, or similar type of food establishment over which the department has legal jurisdiction or responsibility, the local health department shall immediately notify the director while the local health department is completing the investigation.
History:
2000, Act 92, Eff. Nov. 8, 2000
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3131 - Communications System; Development; Implementation; Provisions; Availability of Information.

289.3131 Communications system; development; implementation; provisions; availability of information.
Sec. 3131.
(1) A local health department shall develop and implement a communications system with other applicable governmental agencies, individuals, and organizations including, but not limited to, hospital emergency rooms and state and local police. The communications system shall provide the means to contact specific local health department employees and basic information necessary to initiate a foodborne illness outbreak investigation. The information provided in the communications system shall be updated annually.
(2) Procedures for investigating suspected foodborne illness outbreaks shall be implemented consistent with procedures contained in the publication entitled "Procedures to Investigate Foodborne Illness, 5th Ed.," prepared and published by the international association of food protection and incorporated by reference or an equivalent plan submitted to and approved by the department.
(3) All information gathered during the investigation which is not exempted from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243, and shall be made available to the owner, operator, or his or her employees to minimize the possibility of reoccurrence of the foodborne illness and to assure compliance with the code and this act.
History:
2000, Act 92, Eff. Nov. 8, 2000
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3133 - Analysis of Food Samples; Utilization of Laboratories.

289.3133 Analysis of food samples; utilization of laboratories.
Sec. 3133.
Laboratories capable of providing the necessary analyses of food samples shall be utilized by a local health department to assist in the conduct of a food service program.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2012, Act 178, Eff. Oct. 1, 2012
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3135 - Certification of Local Health Department; Application; Qualifications.

289.3135 Certification of local health department; application; qualifications.
Sec. 3135.
(1) The department shall make available to any local health department an application form to be completed as a request for certification. The application shall provide information needed to substantiate the request to become a certified health department.
(2) A local health department seeking certification shall have sufficient trained administrative, evaluation, and support personnel and sufficient equipment to enforce applicable laws and rules consistent with current state standards in all licensed establishments within its jurisdictional boundaries.
(3) A certified health department shall demonstrate to the department the ability to conduct evaluations and related activities in accordance with the department's electronic evaluation system within prescribed time limitations utilized by the department. Evaluation, investigation, and legal actions and related activities shall be reported to the department on forms furnished by the department.
(4) A certified health department must be capable of conducting necessary sampling and product surveillance equal to state standards.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3137 - Reports Made by Certified Health Departments; Review and Evaluation; Conduct of Evaluation Quality Assurance Program; Report to Department; Findings of Department Review or Evaluation.

289.3137 Reports made by certified health departments; review and evaluation; conduct of evaluation quality assurance program; report to department; findings of department review or evaluation.
Sec. 3137.
(1) The department shall conduct a general review and evaluation of reports and related data made by certified health departments under this act as often as considered necessary by the department.
(2) An evaluation quality assurance program consisting of field evaluation of performed evaluations conducted by the certified health department shall be routinely conducted by the department at a ratio of approximately 1 per 100 evaluations made.
(3) A certified health department shall report annually to the department a summary of all inspections, investigations, samplings, legal actions, and any other actions of a significant nature on a form furnished by the department. This report shall be made annually on the basis of the state fiscal year.
(4) A review disclosing adverse findings shall be reported in writing by the department to the health officer of the certified health department within 30 days after the review under subsection (1) is completed.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008
Compiler's Notes:
Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”