October 14, 2003, Introduced by Rep. Whitmer and referred to the Committee on Agriculture and Resource Management.
A bill to amend 2000 PA 92, entitled
"Food law of 2000,"
by amending section 1109 (MCL 289.1109), as amended by 2002 PA
487.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1109. As used in this act:
2 (a) "Genetically modified food" means a food that is derived
3 from a genetically modified organism or from a plant or animal
4 fed or treated with materials from a genetically modified
5 organism. Genetically modified food includes a food product
6 containing an ingredient from a genetically modified organism or
7 a plant or animal fed or treated with materials from a
8 genetically modified organism.
9 (b) "Genetically modified organism" means an organism whose
10 genome has been altered using cellular and molecular methods for
1 genetic modification that is not traditionally used to select
2 beneficial genetic traits.
3 (c) (a) "Imminent
or substantial hazard" means a condition
4 at a food establishment that the director determines requires
5 immediate action to prevent endangering the health of people.
6 (d) (b) "Label"
means a display of written, printed, or
7 graphic matter upon the immediate container of any article and
8 includes a requirement imposed under this act that any word,
9 statement, or other information appearing on the display also
10 appear on the outside container or wrapper of the retail package
11 of the article or be easily legible through the outside container
12 or wrapper.
13 (e) (c) "Labeling"
means all labels and other written,
14 printed, or graphic matter upon an article, any of its containers
15 or wrappers, or accompanying the article.
16 (f) (d) "License
limitation" means an action by which the
17 director imposes restrictions or conditions, or both, on a
18 license of a food establishment.
19 (g) (e) "License
holder" means the entity that is legally
20 responsible for the operation of the food establishment including
21 the owner, the owner's agent, or other person operating under
22 apparent authority of the owner possessing a valid license to
23 operate a food establishment.
24 (h) (f) "Limited
wholesale food processor" means a
25 wholesale food processor that has $25,000.00 or less in annual
26 gross wholesale sales made or business done in wholesale sales in
27 the preceding licensing year, or $25,000.00 or less of the food
1 is reasonably anticipated to be sold for the current licensing
2 year. Only the food sales from the wholesale food processor
3 operation are used in computing the annual gross sales under this
4 subdivision.
5 (i) (g) "Local
health department" means that term as
6 defined in section 1105 of the public health code, MCL 333.1105,
7 and having those powers and duties as described in part 24 of the
8 public health code, MCL 333.2401 to 333.2498.
9 (j) (h) "Misbranded"
means food to which any of the
10 following apply:
11 (i) Its labeling is false or misleading in any particular.
12 (ii) It is offered for sale under the name of another food.
13 (iii) It is an imitation of another food unless its label
14 bears, in type of uniform size and prominence, the word
15 "imitation" and immediately thereafter the name of the food
16 imitated.
17 (iv) Its container is so made, formed, or filled as to be
18 misleading.
19 (v) It is in package form, unless it bears a label containing
20 both the name and place of business of the manufacturer, packer,
21 or distributor and an accurate statement of the quantity of the
22 contents in terms of weight, measure, or numerical count subject
23 to reasonable variations as are permitted and exemptions as to
24 small packages as are
established by rules prescribed adopted
25 by the department.
26 (vi) Any word, statement, or other labeling required by this
27 act is not prominently placed on the label or labeling
1 conspicuously and in such terms as to render it likely to be read
2 and understood by the ordinary individual under customary
3 conditions of purchase and use.
4 (vii) It purports to be or is represented as a food for which
5 a definition and standard of identity have been prescribed by
6 rules as provided by this act or under the federal act, unless it
7 conforms to such definition and standard and its label bears the
8 name of the food specified in the definition and standard, and,
9 insofar as may be required by the rules, the common names of
10 optional ingredients, other than spices, flavoring, and coloring,
11 present in such food.
12 (viii) It purports to be or is represented to be either of
13 the following:
14 (A) A food for which a standard of quality has been
15 prescribed by this act or rules and its quality falls below such
16 standard unless its label bears, in such manner and form as such
17 rules specify, a statement that it falls below such standard.
18 (B) A food for which a standard or standards of fill of
19 container have been prescribed by this act or rules and it falls
20 below the standard of fill of container applicable, unless its
21 label bears, in such manner and form as the rules specify, a
22 statement that it falls below the standard.
23 (ix) It does not bear labeling clearly giving the common or
24 usual name of the food, if one exists, and if fabricated from 2
25 or more ingredients, the common or usual name of each ingredient
26 except that spices, flavorings, and colorings, other than those
27 sold as such, may be designated as spices, flavorings, and
1 colorings, without naming each and under other circumstances as
2 established by rules regarding exemptions based upon
3 practicality, potential deception, or unfair competition.
4 (x) It bears or contains any artificial flavoring, artificial
5 coloring, or chemical preservative unless the labeling states
6 that fact and under other circumstances as established by rules
7 regarding exemptions based upon practicality.
8 (xi) If a food intended for human consumption and offered for
9 sale, its label and labeling do not bear the nutrition
10 information required under section 403(q) of the federal act, 21
11 U.S.C. 343.
12 (xii) It is a product intended as an ingredient of another
13 food and, when used according to the directions of the purveyor,
14 will result in the final food product being adulterated or
15 misbranded.
16 (xiii) It is a color additive whose packaging and labeling
17 are not in conformity with packaging and labeling requirements
18 applicable to such color additive prescribed under the provisions
19 of the federal act.
20 (xiv) It is genetically modified food or comes from a
21 genetically modified organism without being clearly labeled as
22 such in a manner acceptable to the department.
23 (k) (i) "Mobile
food establishment" means a food
24 establishment operating from a vehicle or watercraft that returns
25 to a licensed commissary for servicing and maintenance at least
26 once every 24 hours.
27 (l) (j) "Mobile
food establishment commissary" means an
1 operation that is capable of servicing a mobile food
2 establishment.
3 (m) (k) "Person"
means an individual, sole proprietorship,
4 partnership, corporation, limited liability company, association,
5 or other legal entity.
6 (n) (l) "Pesticide
chemical" means any substance that,
7 alone, in chemical combination, or in formulation with 1 or more
8 other substances, is a pesticide within the meaning of the
9 federal insecticide, fungicide, and rodenticide act, chapter 125,
10 86 Stat. 973, 7 U.S.C. 136 to 136i, 136j to 136r, and 136s to
11 136y, and is used in the production, storage, or transportation
12 of raw agricultural commodities.
13 (o) (m) "Principal
display panel" means that part of a
14 label that is most likely to be displayed, presented, shown, or
15 examined under normal and customary conditions of display for
16 retail sale.
17 (p) (n) "Public
health code" means 1978 PA 368, MCL
18 333.1101 to 333.25211.