Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
92-2000-I - Chapter I Short Title, Scope, Definitions (289.1101...289.1121)
Section 289.1101 - Short Title. - Sec. 1101. This act shall be known and may be...
Section 289.1103 - Scope. - Sec. 1103. The provisions of this act regarding the selling...
Section 289.1105 - Definitions; a to C; Unsafe Substances, Additives, or Chemicals. - Sec. 1105. (1) As used in this act: (a) "Adulterated"...
Section 289.1107 - Definitions; D to F. - Sec. 1107. As used in this act: (a) "Department" means...
Section 289.1109 - Definitions; G to P. - Sec. 1109. As used in this act: (a) "Guide for...
Section 289.1111 - Definitions; R to W. - Sec. 1111. As used in this act: (a) "Raw agricultural...
Section 289.1113 - Terms Defined in Act; Meanings; Use of Terms "Critical Violation" and "Noncritical violation." - Sec. 1113. (1) A term defined in the food code...
Section 289.1115 - Repealed. 2007, Act 113, Eff. Apr. 1, 2008. - Compiler's Notes: The repealed section pertained to repeal of acts...
Section 289.1117 - Repealed. 2007, Act 113, Eff. Apr. 1, 2008. - Effective Date: The repealed section pertained to effective date of...
Section 289.1119 - Rules; “Act” and “Establishment” Defined. - Sec. 1119. (1) Except as rescinded, rules promulgated under public...
Section 289.1121 - Authority and Powers of Director. - Sec. 1121. This act does not divest the director of...
92-2000-II - Chapter II Powers and Duties of the Department (289.2101...289.2132)
Section 289.2101 - Powers and Duties of Director. - Sec. 2101. (1) The director shall provide for the administration...
Section 289.2103 - Repealed. 2012, Act 178, Eff. Oct. 1, 2012. - Compiler's Notes: The repealed section pertained to the retail food...
Section 289.2105 - Seizure or Embargo of Food Without Warrant; Tag or Marking as Notice of Adulterated or Misbranded Food; Complaint; Findings and Order of Court. - Sec. 2105. (1) When necessary for the enforcement of this...
Section 289.2107 - Adulterated Food as Nuisance. - Sec. 2107. (1) If the director finds any adulterated food...
Section 289.2109 - Destruction of Seized Food. - Sec. 2109. If storage of seized food is not possible...
Section 289.2111 - Evaluation of Food Establishment by Director; Access; Securing Samples of Food; Examination of Records; Photographs or Copies of Records as Evaluation; Confidentiality. - Sec. 2111. (1) The director shall have free access at...
Section 289.2113 - Order to Cease Food Operations; Resumption; Reevaluation; Hearing. - Sec. 2113. (1) The director may order immediate cessation of...
Section 289.2115 - Disease Transmission by Employee; Investigations. - Sec. 2115. If the director has reasonable cause to suspect...
Section 289.2117 - Annual Report; Dissemination of Information. - Sec. 2117. The department shall submit to the governor and...
Section 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...
Section 289.2121 - License Limitations; Notice; Hearing. - Sec. 2121. (1) The director may issue a food establishment...
Section 289.2123 - License Limitations; Reevaluation; Removal of Limitations and Reinstatement of License. - Sec. 2123. (1) A person whose license has been limited...
Section 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...
Section 289.2125 - Fees for Certain Services. - Sec. 2125. (1) The department shall charge the following fees...
Section 289.2127 - Manager Food Safety Training; Conditions for Requiring. - Sec. 2127. After a conference with the owner of a...
Section 289.2129 - Certification of Managerial Employee Under Program Accredited by American National Standards Institute; Food Safety Training Containing Allergen Awareness Component; Requirements; Records Documenting Compliance; Applicability of Su... - ***** Subsection (2) is not applicable after December 31, 2020...
Section 289.2131 - Definition and Standard of Identity; Rules Fixing and Establishing. - Sec. 2131. (1) When the department determines such action will...
Section 289.2132 - Agreements With Other States and Federal Government. - Sec. 2132. The department may enter into agreements with other...
92-2000-III - Chapter III Delegation (289.3103...289.3139)
Section 289.3103 - Definitions. - Sec. 3103. As used in this chapter: (a) "Certified health...
Section 289.3105 - Enforcement; Delegation to Local Health Department; Exceptions. - Sec. 3105. (1) The department shall delegate the authority and...
Section 289.3107 - Enforcement; Delegation to Certified Health Department. - Sec. 3107. The director may delegate the authority and responsibility...
Section 289.3109 - Local Health Departments as Authorized Agents. - Sec. 3109. Local health departments that are delegated authority by...
Section 289.3111 - Retention of Authority Under MCL 333.2401 to 333.2498. - Sec. 3111. The power and authority granted under part 24...
Section 289.3113 - Compliance With Applicable Local Laws; Conflict. - Sec. 3113. A county, city, village, or township shall not...
Section 289.3115 - Review of License Application by Local Health Department; Inspection of Establishment; Temporary Food Establishment Serving Only Low-Risk Food; In-Office Consultation; Forward of Approval or Limitation to Department. - Sec. 3115. (1) A local health department shall promptly review...
Section 289.3117 - Hearing; Enforcement Procedure; Availability. - Sec. 3117. A local health department may apply procedures for...
Section 289.3119 - Required Fees; Additional License Fee; Collection; Exemptions; Forwarding Applications. - Sec. 3119. (1) Until December 31, 2023, and except as...
Section 289.3121 - Evaluations; Maintenance and Retention of Records. - Sec. 3121. (1) The department or a local health department...
Section 289.3123 - Evaluations; Frequency. - Sec. 3123. (1) A compliance evaluation of each food service...
Section 289.3125 - Evaluations; Reducing Frequency; Limitation. - Sec. 3125. (1) Subject to subsection (3), a local health...
Section 289.3127 - Evaluation Findings; Report. - Sec. 3127. (1) The findings of an evaluation of a...
Section 289.3129 - Foodborne Diseases and Poisonings; Allegation; Investigation; Notice. - Sec. 3129. (1) A local health department shall investigate an...
Section 289.3131 - Communications System; Development; Implementation; Provisions; Availability of Information. - Sec. 3131. (1) A local health department shall develop and...
Section 289.3133 - Analysis of Food Samples; Utilization of Laboratories. - Sec. 3133. Laboratories capable of providing the necessary analyses of...
Section 289.3135 - Certification of Local Health Department; Application; Qualifications. - Sec. 3135. (1) The department shall make available to any...
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. - Sec. 3137. (1) The department shall conduct a general review...
Section 289.3139 - Notice of Deficiencies; Hearing; Revocation of Certification; Reapplication. - Sec. 3139. (1) If a certified health department fails to...
92-2000-IV - Chapter IV Licensing (289.4101...289.4129)
Section 289.4101 - Food Establishment License; Scope. - Sec. 4101. (1) Except as provided in sections 4102 and...
Section 289.4102 - Cottage Food Operation; Exemption From Licensing and Evaluation Provisions; Requirements. - Sec. 4102. (1) A cottage food operation is exempt from...
Section 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...
Section 289.4105 - Person, Establishment, or Organization Exempt From Licensure. - Sec. 4105. (1) A person, establishment, or organization that is...
Section 289.4107 - Food Establishment License; Qualifications. - Sec. 4107. To qualify for a food establishment license, an...
Section 289.4109 - Expiration of License; Duration of Temporary License. - Sec. 4109. A license, other than a license for a...
Section 289.4111 - License Fees; Food Sanitation Fees; Initial Application Fee as Nonrefundable; Convenience Fee. - Sec. 4111. (1) The department shall impose the following license...
Section 289.4113 - Late Fee; Imposition; Waiver; Retention; Use. - Sec. 4113. (1) The department shall impose, for a renewal...
Section 289.4114 - Shellfish Dealer; Certification Required. - Sec. 4114. (1) A person shall not act as a...
Section 289.4115 - Bottled Water; Registration of Brand; Expiration; Late Fee. - Sec. 4115. (1) A water bottler or water dispensing machine...
Section 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...
Section 289.4117 - Dairy and Food Safety Fund; Credit of Money Collected; Creation; Investment; Lapse; Administration; Consumer Food Safety Education Fund; Industry Food-Safety Education Fund; Creation; Use and Carrying Forward of Funds; “Fee-Exempt... - Sec. 4117. (1) Except as provided in subsections (2) and...
Section 289.4119 - Posting and Display of License; “Conspicuous Place” Explained. - Sec. 4119. (1) Except as otherwise provided in subsection (2),...
Section 289.4121 - Changes Proposed by Food Establishment; Notice. - Sec. 4121. Thirty days before a food establishment proposes either...
Section 289.4123 - Transfer of License; Limitation. - Sec. 4123. (1) A food establishment license is not transferable...
Section 289.4125 - Issuance of License; Requirements; Hearing; Revocation or Suspension of License; Period of Refusal to Issue or Reissue License; Summary Suspension. - Sec. 4125. (1) Before a food establishment license, bottled water...
Section 289.4127 - Summary Suspension of License; Petition for Hearing; Commencement of Proceedings; Reinstatement. - Sec. 4127. (1) After the regulatory authority receives a petition...
Section 289.4129 - Denial of License or Registration; Hearing; Commencement; Conduct. - Sec. 4129. (1) A license, registration, or certificate applicant may...
92-2000-V - Chapter V Prohibited Acts and Penalties (289.5101...289.5115)
Section 289.5101 - Prohibited Acts; Violation. - Sec. 5101. (1) A person shall not do or cause...
Section 289.5103 - Misleading Labeling or Advertisement; Liability of Disseminator of Information. - Sec. 5103. (1) If a food is alleged to be...
Section 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...
Section 289.5105 - Administrative Fines or Costs. - Sec. 5105. (1) Upon finding that a person violated a...
Section 289.5107 - Violations; Penalties; Costs of Investigation. - Sec. 5107. (1) Except as otherwise provided under this act,...
Section 289.5109 - Report of Violation as Condition. - Sec. 5109. When a violation of section 5101(1)(k) occurs which...
Section 289.5111 - Jurisdiction of Court; Restraining Order. - Sec. 5111. In addition to the remedies provided for in...
Section 289.5113 - Application of Remedies. - Sec. 5113. The regulatory authority shall justly apply the remedies...
Section 289.5115 - Decision or Order; Direct Review. - Sec. 5115. When a license holder or registrant has exhausted...
92-2000-VI - Chapter VI Standards for Food Establishments (289.6101...289.6152)
Section 289.6101 - Incorporation by Reference; Changes or Updates by Rule; Annexes. - Sec. 6101. (1) Chapters 1 through 8 of the food...
Section 289.6103 - Plan Review Exemption. - Sec. 6103. (1) The following food establishments are exempt from...
Section 289.6105 - Plans and Specifications; Transmittal Letter; Fees; Rejection. - Sec. 6105. (1) A person seeking approval of plans and...
Section 289.6107 - Plans and Specifications; Review by Director; Revisions; Approval; Expiration; Availability for Inspection. - Sec. 6107. (1) The director shall review plans and specifications...
Section 289.6109 - Plans and Specifications; Conditions to Approval. - Sec. 6109. The director may attach any condition to an...
Section 289.6111 - Approved Plans and Specifications; Submission of Changes; As-Built Plans. - Sec. 6111. (1) A license applicant or license holder shall...
Section 289.6113 - Rescission of Construction Authorization. - Sec. 6113. (1) The director may rescind his or her...
Section 289.6115 - Preopening Evaluation. - Sec. 6115. (1) After completion of the construction, alteration, conversion,...
Section 289.6117 - Exhaust Ventilation; Design, Construction, and Installation. - Sec. 6117. Exhaust ventilation shall be designed, constructed, and installed...
Section 289.6119 - Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. - Compiler's Notes: The repealed section pertained to ventilation balance report.
Section 289.6121 - Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. - Compiler's Notes: The repealed section pertained to ventilation test and...
Section 289.6123 - Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. - Compiler's Notes: The repealed section pertained to ventilation system and...
Section 289.6125 - Ice Bins and Machines; Connection With Waste Line. - Sec. 6125. The waste line from ice storage bins and...
Section 289.6127 - Repealed. 2009, Act 188, Eff. May 1, 2010. - Compiler's Notes: The repealed section pertained to smoking in retail...
Section 289.6129 - Consideration of Risk-Based Evaluation Methodology; Evaluation Report; Priority Items or Priority Foundation Items; Correction. - Sec. 6129. (1) The director shall consider the risk-based evaluation...
Section 289.6131 - Mobile Units With Retention Tanks; Sanitary Disposal of Liquid Waste. - Sec. 6131. (1) Each commissary where mobile units with retention...
Section 289.6133 - Mobile Food Establishment Operating at Fixed Location; Temporary License. - Sec. 6133. The director may license as a temporary food...
Section 289.6135 - Mobile Food Establishment; Affixing Name and Address to Vehicle; Carrying Copy of Limitations; Route Schedule; Decals. - Sec. 6135. (1) The name and address of the business...
Section 289.6137 - Special Transitory Food Unit License; Procedures; Qualifications; Noncompliance. - Sec. 6137. (1) To qualify for a special transitory food...
Section 289.6139 - Sulfiting Agents; Prohibition. - Sec. 6139. A food service establishment shall not store on...
Section 289.6140 - Milk and Milk Products. - Sec. 6140. (1) Only pasteurized ingredients from a department-approved source...
Section 289.6141 - Antichoking Techniques; Display of Poster. - Sec. 6141. (1) A food service establishment in which solid...
Section 289.6143 - Preparation or Service of Wild Game by Nonprofit Organization; Requirements. - Sec. 6143. (1) A charitable, religious, fraternal, or other nonprofit...
Section 289.6145 - Repealed. 2002, Act 487, Imd. Eff. June 27, 2002. - Compiler's Notes: The repealed section pertained to frozen dessert standards.
Section 289.6147 - Disaster; Cessation of Operations; Report; Emergency Plans as Temporary Alternative Procedures. - Sec. 6147. If a food establishment is affected by fire,...
Section 289.6149 - Definitions; Satisfaction of Section 3-603.11 of Food Code; Statement; Disclosures and Reminders; Text; Exemptions. - Sec. 6149. (1) As used in this section: (a) "Publicly...
Section 289.6150 - Definitions; Presence or Lack of Artificial Trans Fat; Statement; Language. - Sec. 6150. (1) As used in this section: (a) "Artificial...
Section 289.6151 - Repealed. 2007, Act 113, Eff. Apr. 1, 2008. - Compiler's Notes: The repealed section pertained to implementation of alternative...
Section 289.6152 - Food Allergy Awareness; Display of Poster; Rules; Private Cause of Action. - Sec. 6152. (1) Until December 31, 2020, each food service...
92-2000-VII - Chapter VII Food and Processing Standards (289.7101...289.7137)
Section 289.7101 - Compliance With Federal Regulations; Exception. - Sec. 7101. Subject to section 1119(2), a food processor and...
Section 289.7103 - Processing Low-Acid Foods; Requirements. - Sec. 7103. (1) All thermally processed, low-acid foods that are...
Section 289.7104 - Control of Molluscan Shellfish. - Sec. 7104. (1) @.02 of chapter I and chapters II,...
Section 289.7105 - Processor of Seafood; Waiver for Processor of Smoked Fish. - Sec. 7105. All processors of seafood shall comply with regulations...
Section 289.7106 - Processors of Juice; Safe Cider Production. - Sec. 7106. (1) All processors of juice shall comply with...
Section 289.7107 - Bottled Water; Approval of Source and Water Supply; Maximum Levels of Substances; Labeling of Water Dispensing Machine. - Sec. 7107. (1) Bottled water shall be obtained from a...
Section 289.7109 - Operation of Bottled Water Plant or Bottle Water; Compliance With Federal Regulations. - Sec. 7109. A person shall not operate a bottled water...
Section 289.7111 - Packaged Food; Compliance With Federal Regulations. - Sec. 7111. Packaged food shall comply with standard of identity...
Section 289.7112 - Adoption of Federal Regulations. - Sec. 7112. (1) 21 CFR parts 1, 70, 73, 74,...
Section 289.7113 - Definitions. - Sec. 7113. As used in this chapter: (a) "Added fat"...
Section 289.7114 - Shell Eggs. - Sec. 7114. (1) U.S. standards for shell eggs are adopted...
Section 289.7115 - Sausage; Contents; Definitions; Requirements. - Sec. 7115. (1) Sausage consists only of skeletal meat either...
Section 289.7117 - Hamburger or Ground Beef; Contents. - Sec. 7117. Hamburger or ground beef consists of fresh beef...
Section 289.7119 - Other Comminuted Meat Food Products; Compliance With Federal Regulations. - Sec. 7119. Other comminuted meat food products, including nonspecific loaves...
Section 289.7121 - Chili or Chili Con Carne; Contents. - Sec. 7121. Chili or chili con carne shall consist of...
Section 289.7123 - Meat Loaf; Contents. - Sec. 7123. Meat loaf consists of comminuted meat, processed in...
Section 289.7125 - Ground Lamb, Chicken, Turkey, and Veal; Contents. - Sec. 7125. Ground lamb, chicken, turkey, and veal shall not...
Section 289.7127 - Meat Pattie; Contents. - Sec. 7127. "Meat pattie" is a product prepared in pattie...
Section 289.7129 - Food Subject to Standards; Identification; Common or Usual Name. - Sec. 7129. (1) If a food is subject to a...
Section 289.7131 - Federally Inspected Meats; Preemption of State Ingredient Standards. - Sec. 7131. A person shall not sell or offer for...
Section 289.7133 - Artificial Casings or Containers; Products Considered as Adulterated. - Sec. 7133. (1) All products manufactured under terms of this...
Section 289.7135 - Experimental Packs of Food; Temporary Permits. - Sec. 7135. (1) Temporary permits granted for interstate shipment of...
Section 289.7137 - Food Additives; Limitation. - Sec. 7137. Food shall not contain unapproved food additives or...
92-2000-VIII - Chapter VIII Labeling and Advertising (289.8101...289.8111)
Section 289.8101 - Packaged Food; Label Requirements. - Sec. 8101. Packaged food shall be labeled as specified in...
Section 289.8103 - Bulk Displays of Unpackaged Food and Drink; Salad Bar; Sign Requirements; Placard. - Sec. 8103. (1) All bulk displays of unpackaged food and...
Section 289.8105 - Prohibited Acts. - Sec. 8105. (1) A person shall not do any of...
Section 289.8107 - Definitions; Prepackaged Perishable Food; Date; Prohibited Sales; Advertisement of Food Sold After Date; Alteration of Date Prohibited; Calculation of Date; Exceptions. - Sec. 8107. (1) As used in this section: (a) "Date"...
Section 289.8109 - Foods Sold or Distributed From Manufacturing, Processing, Packing, or Repacking Activity; Identification. - Sec. 8109. All products that are sold or otherwise distributed...
Section 289.8111 - Vinegar; Requirements and Restrictions; Definitions. - Sec. 8111. (1) A person shall not manufacture for sale,...