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HB-4042, As Passed Senate, July 1, 2026
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HOUSE BILL NO. 4042
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending section 1107 (MCL 289.1107), as amended by 2016 PA 188.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1107. As used in this act: 1
(a) "Department" means the department of agriculture and rural 2
development. 3
(b) "Director" means the director of the department or his or 4
her the director's designee. 5
(c) "Domestic residence" means a single-family dwelling or an 6
January 30, 2025, Introduced by Reps. T. Carter, BeGole, Beson, Greene, Johnsen, St. Germaine,
Roth, Hope, Byrnes, Conlin and Wilson and referred to Committee on Regulatory Reform.
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area within a rental unit where a single person or family actually 1
resides. Domestic residence does not include either of the 2
following: 3
(i) A group or communal residential setting within any type of 4
structure. 5
(ii) An outbuilding, shed, barn, or other similar structure. 6
(d) "Egg" does not include a balut, which is an embryo inside 7
a fertile egg that has been incubated for a period sufficient for 8
the embryo to reach a specific stage of development after which it 9
is removed from incubation before hatching. 10
(e) "Evaluation" means a food safety audit, inspection, or 11
food safety and sanitation assessment, whether announced or 12
unannounced, that identifies violations or verifies compliance with 13
this act and determines the degree of active control by food 14
establishment operators over foodborne illness risk factors. 15
(f) "Extended retail food establishment" means a retail 16
grocery that does both of the following: 17
(i) Serves or provides an unpackaged food for immediate 18
consumption. 19
(ii) Provides customer seating in the food service area. 20
(g) "Fair" means a fair or exhibition operated and managed 21
under 1929 PA 11, MCL 46.151 to 46.153, or held by an agricultural 22
or horticultural society under 1855 PA 80, MCL 453.231 to 453.240. 23
(h) "Fair concession" means a food concession, storage, 24
preparation, or dispensing operation at a state or county fair. 25
(i) "Farmers' market" means a public and recurring assembly of 26
farmers or their representatives selling directly to consumers food 27
and products that the farmers have produced themselves . In 28
addition, the market and may include a variety of other vendors as 29
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determined by market management. 1
(j) "Federal act" means the federal food, drug, and cosmetic 2
act, chapter 675, 52 Stat. 1040, 21 USC 301 to 399d, 399g, as in 3
effect on October 1, 2012. 4
(k) "Festival" means an event , staged by a local community or 5
local organization , that centers on and celebrates a certain 6
aspect of that community or organization. Festival includes, but is 7
not limited to, a fair, art show, chili cook-off, car show, hot air 8
balloon festival, religious festival, drama festival, or cultural 9
festival. 10
(l) "First receiver" means a person who that receives eggs from 11
a producer at any place of business and candles, grades, sorts, 12
packs, or packages the eggs. 13
(m) "Food" means articles used for food or drink for humans or 14
other animals, chewing gum, and articles used for components of any 15
such article. 16
(n) "Food additive" means any substance, the intended use of 17
which, directly or indirectly, results in or may be reasonably 18
expected to result in its the substance becoming a component or 19
otherwise affecting the characteristics of any food if that 20
substance is not generally recognized among experts as having been 21
adequately shown through scientific procedures to be safe under the 22
conditions of its intended use. Food additive includes any 23
substance intended for use in producing, manufacturing, packing, 24
processing, preparing, treating, packaging, transporting, or 25
holding food and includes any source of radiation intended for any 26
use. Food additive does not include any of the following: 27
(i) A pesticide chemical in or on a raw agricultural commodity. 28
(ii) A pesticide chemical to the extent that it is intended for 29
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use or is used in the production, storage, or transportation of any 1
raw agricultural commodity. 2
(iii) A color additive. 3
(iv) Any substance used in accordance with a sanction or 4
approval granted before the enactment of the food additives 5
amendment of 1958, Public Law 85-929, pursuant to under the federal 6
act, the poultry products inspection act, 21 USC 451 to 472, or the 7
federal meat inspection act, 21 USC 601 to 683. 8
(o) "Food code" means "Food Code, 2009 Recommendations of the 9
United States Public Health Service Food and Drug Administration", 10
which regulates the design, construction, management, and operation 11
of certain food establishments. 12
(p) "Food establishment" means an operation where food is 13
processed, packed, canned, preserved, frozen, fabricated, stored, 14
prepared, served, vended, sold, or offered for sale. Food 15
establishment includes, but is not limited to, a food processor, a 16
food warehouse, a food service establishment, a vending machine 17
location, and a retail grocery. Food establishment does not include 18
any of the following: 19
(i) A charitable, religious, fraternal, or other nonprofit 20
organization operating a home-prepared baked goods sale or serving 21
only home-prepared food in connection with its meetings or as part 22
of a fund-raising fundraising event. 23
(ii) An inpatient food operation service establishment located 24
in a health facility or agency subject to licensure under article 25
17 of the public health code, MCL 333.20101 to 333.22260. 26
(iii) A food operation located in a prison, jail, state mental 27
health institute, boarding house, fraternity or sorority house, 28
convent, or other facility where the facility is the primary 29
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residence for the occupants and the food operation is limited to 1
serving meals to the occupants as part of their living arrangement. 2
(q) "Food processor" means a food establishment that 3
processes, manufactures, wholesales, packages, labels, or stores 4
food. Food processor does not include a maple syrup producer. 5
Processing is an act, such as canning, freezing, dehydrating, 6
drying, distilling, extracting, preserving, grinding, crushing, 7
milling, washing, trimming, packing, or otherwise preserving or 8
changing the form of a food. 9
(r) "Food safety and sanitation assessment" means judging or 10
assessing specific food handling activities, events, conditions, or 11
management systems to determine their potential effectiveness in 12
controlling risks for foodborne illness and their compliance with 13
this act, accompanied by a report of findings. 14
(s) "Food safety audit" means the methodical examination and 15
review of records, food sources, food handling procedures, and 16
facility cleaning and sanitation practices for compliance with this 17
act, accompanied by a report of findings. Food safety audit 18
includes checking or testing, or both, of observable practices and 19
procedures to determine compliance with standards contained in or 20
adopted by this act, accompanied by a report of findings. 21
(t) "Food service establishment" means a fixed or mobile 22
restaurant, coffee shop, cafeteria, short order cafe, luncheonette, 23
grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail 24
lounge, nightclub, drive-in, industrial feeding establishment, 25
private organization serving the public, rental hall that has a 26
kitchen or food preparation area, catering kitchen, delicatessen, 27
theater, commissary, food concession, or similar place in which 28
food or drink is prepared for direct consumption through service on 29
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the premises or elsewhere, and any other eating or drinking 1
establishment or operation where food is served or provided for the 2
public. Food service establishment does not include any of the 3
following: 4
(i) A motel that serves continental breakfasts only. 5
(ii) A bed and breakfast that has 10 or fewer sleeping rooms 6
for rent. 7
(iii) A bed and breakfast that has more than 10 sleeping rooms 8
for rent, if the bed and breakfast serves continental breakfasts 9
only. 10
(iv) A child care organization regulated under 1973 PA 116, MCL 11
722.111 to 722.128, unless the establishment is carrying out an 12
operation considered by the director to be a food service 13
establishment. 14
(v) A vending machine location. However, if a food service 15
establishment operates a vending machine location on the same 16
premises, the vending machine location is considered part of the 17
food service establishment. 18
(vi) A rental hall that does not have a kitchen or food 19
preparation space and that does not prepare food on the premises. 20
(u) "Food warehouse" means a food establishment that stores or 21
distributes food for wholesale. 22