Michigan’s Updated Food Law

Key information about new law:

• Michigan’s updated Food Law becomes effective on October 1, 2012. The law adopts a modified 2009 FDA Model Food Code, portions of the 2009 FDA Model Shellfish Code and various federal food processing codes and egg safety documents to provide national consistency for the food industry and assure our food safety laws are based on the best current science.
• The Food Law is monitored and enforced by the Michigan Department of Agriculture and Rural Development in partnership with Michigan’s 45 local health departments.
• There are now three categories of violations that may be cited during an inspection: Priority (P), Priority Foundation (PF), and Core (C). The previous violations terms of Critical and Non-Critical will no longer be used. Generally, violations that were previously cited as critical will now be cited as either P or PF and must be corrected immediately, or within at least 10 days. Non-critical violations will now be cited as C and must be corrected within 90 days.  
• During inspections, key changes in the law will be reviewed with food establishment managers.
• Some important changes include:

• Undercooked hamburgers may no longer be offered on a children’s menu to prevent foodborne illness.
• Cut tomatoes and cut leafy greens must be kept refrigerated for safety.
• Sets standards for food establishments to safely par-cook food.  This is a technique where food is partially cooked, then cooled and finished later.
• An exemption was created for small egg producers to sell directly to consumers, provided a warning label is placed on the carton stating “Packaged in a facility that has not been inspected by the department”.
• Raises the annual gross sales limit for cottage food processors from $15,000 to $20,000 and again to $25,000 in 2018.
• Requires mobile and special transitory food units to have a certified manager.
• Provides a license exemption for retail food establishments to sell at a farmers’ market, fair or festival without additional licensure.
• Contains provisions that will assist state auditors in monitoring food establishments for Bridge Card fraud.
• All new requirements of the law will be implemented on October 1st, except that the ability to limit the number of temporary licenses to an individual establishment within a single year will be implemented once required  guidance is developed, MFL 4103(6).

Information on the Food Law can be found at:  www.michigan.gov/foodsafety .