HB-5280, As Passed Senate, July 1, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5280

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2000 PA 92, entitled

 

"Food law of 2000,"

 

by amending section 4101 (MCL 289.4101), as amended by 2007 PA 113,

 

and by adding section 4102.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4101. (1) Except as provided in section 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.

 

     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 110 or the 2005

 

federal food code, or both.

 

     (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."

 

     (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 shall not exceed

 

$15,000.00 annually. The determination of the $15,000.00 annual

 

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.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 5837 of the 95th Legislature is enacted into

 

law.