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-III - Chapter III Delegation (289.3103...289.3139) › Section 289.3139 - Notice of Deficiencies; Hearing; Revocation of Certification; Reapplication.

289.3139 Notice of deficiencies; hearing; revocation of certification; reapplication.
Sec. 3139.
(1) If a certified health department fails to meet the requirements established in this act or rules promulgated under this act, written notice of deficiencies shall be furnished to the health officer of that certified health department within 30 days after completion of the review under section 3137. This notice shall offer an opportunity to the health officer of the certified health department for a hearing with the director. If a hearing is not requested, certification issued under this chapter shall be revoked within 30 days following the notice to the health officer of the certified health department. If a hearing is held and deficiencies are not corrected within the time period specified in the hearing, certification shall be revoked within the time period specified in the hearing.
(2) If requested by the health officer of the certified health department in a written notice to the director, certification issued under this chapter shall be revoked within 30 days of receipt of the written notice.
(3) Revocation of certification issued under this chapter does not restrict a health department from reapplication for certification.
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4101 - Food Establishment License; Scope.

289.4101 Food establishment license; scope.
Sec. 4101.
(1) Except as provided in sections 4102 and 4105, a person shall not operate a food establishment unless licensed by the department as a food establishment.
(2) Separate areas for food service or preparation located in 1 building and actively operated under 1 management are considered to be 1 food establishment and only 1 license is required. The director may require separate licenses for these areas if managed separately even though under the same owner.
(3) Except as otherwise provided in this act, a city, county, or other local unit of government shall not adopt or enforce licensing ordinances or regulations for persons regulated under this act.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008 ;-- Am. 2010, Act 112, Imd. Eff. July 12, 2010
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4102 - Cottage Food Operation; Exemption From Licensing and Evaluation Provisions; Requirements.

289.4102 Cottage food operation; exemption from licensing and evaluation provisions; requirements.
Sec. 4102.
(1) A cottage food operation is exempt from the licensing and evaluation provisions of this act. This exemption does not include an exemption from the adulteration and other standards imposed in this section or under this act, or both, and does not limit the ability of the department to take appropriate enforcement action for applicable violations as described in section 5101. This subsection does not require a cottage food operation to meet the standards contained in 21 CFR part 110 or the food code.
(2) Cottage food products shall be prepackaged and properly labeled prior to sale.
(3) At a minimum, a cottage food operation shall place on the label of any food it produces or packages the following information:
(a) The name and address of the business of the cottage food operation.
(b) The name of the cottage food product.
(c) The ingredients of the cottage food product, in descending order of predominance by weight.
(d) The net weight or net volume of the cottage food product.
(e) Allergen labeling as specified by federal labeling requirements.
(f) If any nutritional claim is made, appropriate labeling as specified by federal labeling requirements.
(g) The following statement printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background: "Made in a home kitchen that has not been inspected by the Michigan department of agriculture and rural development.".
(4) Cottage food products may be sold directly from the cottage food operation to the consumer only, and not by internet or mail order. Sales by consignment or at wholesale are prohibited.
(5) The gross sales of cottage food products by a cottage food operation shall not exceed $20,000.00 annually until December 31, 2017. After December 31, 2017, the gross sales of cottage food products by a cottage food operation shall not exceed $25,000.00 annually. For the purposes of this subsection, gross sales shall be computed on the basis of the amount of gross sales within or at a particular domestic residence and shall not be computed on a per-person basis within or at that domestic residence. The department may request in writing documentation to verify the annual gross sales figure.
(6) Cottage food products shall be stored only in the primary domestic residence.
(7) An exemption under this section does not affect the application of any other state or federal laws or any applicable ordinances enacted by any local unit of government.
History:
Add. 2010, Act 112, Imd. Eff. July 12, 2010 ;-- Am. 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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4103 - Application for License; Submission; Forms; Information; Mobile Food Establishment License; Commissary Service; Forwarding Recommendations to Department; Temporary License.

289.4103 Application for license; submission; forms; information; mobile food establishment license; commissary service; forwarding recommendations to department; temporary license.
Sec. 4103.
(1) An applicant shall submit an application for a food establishment license at least 30 calendar days before the date planned for its opening or the change of ownership. For temporary food establishments applying less than 4 days from opening, the director may charge twice the applicable license fee to perform the licensing evaluation.
(2) An application for a license under subsection (1) must be submitted on forms approved by the department and contain the reasonable information required by the department to process the application.
(3) An application for a mobile food establishment license must include the following information:
(a) The location and dates of the operation.
(b) The name and address of the commissary that will service the applicant.
(4) Within 10 days after a change in the servicing commissary, the mobile food establishment licensee shall submit an affidavit containing the name and address of the new commissary servicing the licensee.
(5) The local health department shall forward license recommendations to the department. Section 3119(5) does not apply.
(6) The director may issue a temporary food establishment license. The director, in accordance with uniformly applied department guidance, may decline to issue multiple temporary food establishment licenses for the same establishment within a given calendar year.
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. 2018, Act 92, Imd. Eff. Mar. 26, 2018 ;-- Am. 2023, Act 194, Imd. Eff. Nov. 7, 2023
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4107 - Food Establishment License; Qualifications.

289.4107 Food establishment license; qualifications.
Sec. 4107.
To qualify for a food establishment license, an applicant shall do all of the following:
(a) Submit an application as required by section 4103.
(b) Be an owner of the food establishment or an officer of the legal entity owning the food establishment.
(c) Comply with the requirements of this act and rules promulgated under this act.
(d) Allow the director access to the proposed food establishment in order to determine compliance with the applicable requirements of this act and rules.
(e) Pay the applicable license fees at the time the application is submitted.
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4109 - Expiration of License; Duration of Temporary License.

289.4109 Expiration of license; duration of temporary license.
Sec. 4109.
A license, other than a license for a temporary food service establishment, expires at midnight on April 30 each year. The department may issue a temporary food license for a period not to exceed 14 days.
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4113 - Late Fee; Imposition; Waiver; Retention; Use.

289.4113 Late fee; imposition; waiver; retention; use.
Sec. 4113.
(1) The department shall impose, for a renewal application postmarked or delivered in person on or after May 1 of each year, a late fee of an additional $150.00. The late fee for a new application submitted after the establishment has opened for business is an additional $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 regarding the department's refusal to issue or renew a license under this section is not required except as 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 product.
(4) A 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 a late fee retained by the department under subsection (4) for the administration and enforcement of this act.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 114, Eff. Apr. 1, 2008 ;-- Am. 2015, Act 61, Eff. Oct. 1, 2015
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4114 - Shellfish Dealer; Certification Required.

289.4114 Shellfish dealer; certification required.
Sec. 4114.
(1) A person shall not act as a shellfish dealer unless the person has been certified as a shellfish dealer by the department. An application for shellfish dealer certification shall be submitted to the department on the forms approved by the department and shall contain the reasonable information required by the department to process the application. The applicant shall meet all of the following requirements:
(a) Be the owner of the shellfish dealer or an officer of the legal entity owning the shellfish dealer.
(b) Comply with the requirements of this act and rules.
(c) Allow the director access to the shellfish dealer and records as required to determine compliance with the applicable requirements of this act and rules.
(2) A shellfish dealer certification is valid from May 1 to April 30 of each year.
(3) Each shellfish dealer shall have and implement a HACCP plan and have a program of sanitation monitoring and record keeping in compliance with the guide for the control of molluscan shellfish.
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4115 - Bottled Water; Registration of Brand; Expiration; Late Fee.

289.4115 Bottled water; registration of brand; expiration; late fee.
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 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 each year or portion of a year, a registration fee of $25.00 for 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 be renewed 30 calendar days before expiration of the current registration.
(3) 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.
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4116 - Receipt of Completed Application; Issuance of License Within Certain Time Period; "Completed Application" Defined.

289.4116 Receipt of completed application; issuance of license within certain time period; "completed application" defined.
Sec. 4116.
(1) Beginning July 23, 2004, and notwithstanding any other provision of this act, the department shall issue an initial license not later than 90 days after the applicant files a completed application and shall issue a renewal license not later than 120 days after the applicant files a completed application. Receipt of the application is considered the date the application is received by an agency or department of this state. If the application is considered incomplete by the department, the department shall notify the applicant in writing, or make the information electronically available, within 30 days after receipt of the incomplete application, describing the deficiency and requesting the additional information. The period regarding license issuance and renewal is tolled upon notification by the department of a deficiency until the date the requested information is received by the department. The determination of the completeness of an application is not an approval of the application for the license and does not confer eligibility upon an applicant determined otherwise ineligible for issuance of a license.
(2) If the department fails to issue or deny a license within the time required by this section to an establishment that is otherwise ready to operate and is prevented from operating, the department shall return the license fee and shall reduce the license fee for the applicant's next renewal application, if any, by 15%. The failure to issue a license within the time required under this section does not allow the department to otherwise delay the processing of the application, and that application, upon completion, must be placed in sequence with other completed applications received at that same time. The department shall not discriminate against an applicant in the processing of the application based upon the fact that the license fee was refunded or discounted under this subsection.
(3) As used in this section, "completed application" means an application complete on its face and submitted with any applicable licensing fees as well as any other information, records, approval, security, or similar item required by law or rule from a local unit of government, a federal agency, or a private entity but not from another department or agency of this state. In the case of an initial application, completed application includes the completion of construction or renovation of any facility and the passing of a satisfactory evaluation.
History:
Add. 2004, Act 267, Imd. Eff. July 23, 2004 ;-- Am. 2007, Act 114, Eff. Apr. 1, 2008 ;-- Am. 2018, Act 293, Eff. Sept. 27, 2018
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4119 - Posting and Display of License; “Conspicuous Place” Explained.

289.4119 Posting and display of license; “conspicuous place” explained.
Sec. 4119.
(1) Except as otherwise provided in subsection (2), a person licensed as a food establishment under this chapter shall keep a copy of the current license or temporary license furnished by the department posted and exposed in a conspicuous place for public inspection. A conspicuous place is the principal place where food business is transacted.
(2) In the case of vending machines, the name and address and telephone number of the current vending machine location operator shall be conspicuously displayed on each vending machine.
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4121 - Changes Proposed by Food Establishment; Notice.

289.4121 Changes proposed by food establishment; notice.
Sec. 4121.
Thirty days before a food establishment proposes either of the following changes, a licensee shall notify the regulatory authority having jurisdiction of that proposed change:
(a) A change in the type of license even if the change would not result in the change of the regulatory authority having jurisdiction over the activity.
(b) A change in the type of license that would result in the change of the regulatory authority having jurisdiction over the activity.
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4123 - Transfer of License; Limitation.

289.4123 Transfer of license; limitation.
Sec. 4123.
(1) A food establishment license is not transferable as to the holder or the location.
(2) A shellfish dealer certificate is not transferable as to the holder or to the location.
(3) A bottled water registration is not transferable as to the holder or the location.
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4127 - Summary Suspension of License; Petition for Hearing; Commencement of Proceedings; Reinstatement.

289.4127 Summary suspension of license; petition for hearing; commencement of proceedings; reinstatement.
Sec. 4127.
(1) After the regulatory authority receives a petition for a hearing from a license, registration, or certificate holder whose license, registration, or certificate is summarily suspended under section 4125, the proceedings shall be promptly commenced and determined as required by section 92 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.292.
(2) This section does not prevent the regulatory authority's immediate reinstatement of a license, registration, or certificate when the regulatory authority determines the public health hazard or nuisance no longer exists.
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-IV - Chapter IV Licensing (289.4101...289.4129) › Section 289.4129 - Denial of License or Registration; Hearing; Commencement; Conduct.

289.4129 Denial of license or registration; hearing; commencement; conduct.
Sec. 4129.
(1) A license, registration, or certificate applicant may request a hearing regarding the regulatory authority's denial of a new or renewal license, registration, or certificate. A person desiring a hearing in response to a denial of a license, registration, or certificate shall submit a hearing request to the regulatory authority within 30 calendar days after the date of the denial.
(2) The regulatory authority shall afford a hearing within 30 days after receiving a written request for a hearing as specified in this section when the request demonstrates that there is a genuine and material issue of fact that justifies that a hearing be held.
(3) Hearings shall be conducted in an expeditious and impartial manner.
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-V - Chapter V Prohibited Acts and Penalties (289.5101...289.5115) › Section 289.5103 - Misleading Labeling or Advertisement; Liability of Disseminator of Information.

289.5103 Misleading labeling or advertisement; liability of disseminator of information.
Sec. 5103.
(1) If a food is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then the determination of whether the labeling or advertisement is misleading shall take into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or fails to reveal facts material concerning consequences that may result from the use of that food under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. A label, labeling, or advertising in compliance with the federal act is not considered a violation of this act.
(2) A publisher, radio-broadcast licensee, agency, or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, is not liable under this section for the dissemination of false advertisement unless he or she has refused to provide, upon request of the director, the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency who caused the dissemination of the advertisement, or unless he or she has refused, upon the request of the director, to cease dissemination of the false advertisement.
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-V - Chapter V Prohibited Acts and Penalties (289.5101...289.5115) › Section 289.5104 - Donated Food; Criminal or Civil Liability; Immunity; Employment or Designation of Food Safety Manager.

289.5104 Donated food; criminal or civil liability; immunity; employment or designation of food safety manager.
Sec. 5104.
(1) A retail food establishment, farmer, wholesaler, wholesale processor, distributor, or other person who donates food for use or distribution by a nonprofit organization or nonprofit corporation, and a nonprofit organization or nonprofit corporation that collects donated food and distributes that food to another nonprofit organization or nonprofit corporation free of charge or for a nominal fee, is not subject to any criminal liability under this act or any civil liability resulting from the nature, age, condition, or packaging of the food unless the donor or nonprofit organization or nonprofit corporation knew or reasonably should have known when it donated or distributed the food that the food was adulterated or not fit for human consumption.
(2) A nonprofit organization or nonprofit corporation that serves donated food described under subsection (1) shall employ or designate as a food safety manager an individual who is certified under a personnel certification program described in section 2129(1) and (5).
History:
Add. 2015, Act 41, Imd. Eff. June 3, 2015
2023 Michigan Compiled Laws › Chapter 289 - Pure Foods and Standards › Act 92 of 2000 - Food Law (289.1101 - 289.8111) › 92-2000-V - Chapter V Prohibited Acts and Penalties (289.5101...289.5115) › Section 289.5105 - Administrative Fines or Costs.

289.5105 Administrative fines or costs.
Sec. 5105.
(1) Upon finding that a person violated a provision of this act or a rule promulgated under this act, the department may impose an administrative fine of not more than $500.00 for the first offense and not more than $1,000.00 for a second or subsequent offense and the actual costs of the investigation of the violation. Each day of a continuing violation is not considered a separate violation of this act or a rule promulgated under this act. The department shall not impose upon any licensee or registrant administrative fines in the aggregate amount of more than $4,000.00 per location for a firm with annual gross receipts of $500,000.00 or less and $8,000.00 per location for a firm with annual gross receipts of over $500,000.00 during any 12-month period.
(2) Administrative fines and costs collected under this section shall be deposited into the dairy and food safety fund.
(3) This section does not require the department to issue an administrative fine for minor violations of this act if the department believes that the public interest will be adequately served under the circumstances by a suitable written notice or warning.
(4) The department shall not impose administrative fines for violations of the food code other than priority items, priority foundation items, or repeated violations that remain uncorrected beyond the time frame for correction specified under or agreed to, specified, or approved by the director under section 8-405.11(A) or (B) or 8-406.11(A) or (B) of the food code. The department shall not impose an administrative fine for a core item violation of the food code unless the violation is not corrected within 30 calendar days after the evaluation.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 114, 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-V - Chapter V Prohibited Acts and Penalties (289.5101...289.5115) › Section 289.5107 - Violations; Penalties; Costs of Investigation.

289.5107 Violations; penalties; costs of investigation.
Sec. 5107.
(1) Except as otherwise provided under this act, a person who violates any provision of this act or rules promulgated under this act is guilty of a misdemeanor and shall be punished by a fine of not less than $250.00 or more than $2,500.00 or by imprisonment for not more than 90 days, or both.
(2) Notwithstanding the other provisions of this act, a person who knowingly violates section 5101(1)(b) or (l) is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $10,000.00 plus twice the amount of any economic benefit associated with the violation, or both.
(3) If a violation results in a conviction under this act, the court shall assess against the defendant the costs of the department's investigation. The assessment for costs of investigation shall be deposited into the dairy and food safety fund for the enforcement of this act.
History:
2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 114, 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-V - Chapter V Prohibited Acts and Penalties (289.5101...289.5115) › Section 289.5109 - Report of Violation as Condition.

289.5109 Report of violation as condition.
Sec. 5109.
When a violation of section 5101(1)(k) occurs which is not suspected of threatening the safety of food intended for human consumption, the department shall provide a person owning or operating the food establishment a written report of the violation before subjecting persons to the penalties provided in 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-V - Chapter V Prohibited Acts and Penalties (289.5101...289.5115) › Section 289.5111 - Jurisdiction of Court; Restraining Order.

289.5111 Jurisdiction of court; restraining order.
Sec. 5111.
In addition to the remedies provided for in this act, the department may apply to the circuit court for, and the court shall have jurisdiction upon hearing and for cause shown, a temporary or permanent injunction restraining any person from violating any provision of this act or rules promulgated under this act irrespective of whether or not there exists an adequate remedy at law.
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-V - Chapter V Prohibited Acts and Penalties (289.5101...289.5115) › Section 289.5113 - Application of Remedies.

289.5113 Application of remedies.
Sec. 5113.
The regulatory authority shall justly apply the remedies according to law and this act consistent with the licensee's right to due process.
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-V - Chapter V Prohibited Acts and Penalties (289.5101...289.5115) › Section 289.5115 - Decision or Order; Direct Review.

289.5115 Decision or order; direct review.
Sec. 5115.
When a license holder or registrant has exhausted all administrative remedies available under this act and is aggrieved by a final decision or order in a contested case, the decision or order is subject to direct review by the courts as provided by law.
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.”