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Act No. 51
Public Acts of 2025
Approved by the Governor
December 23, 2025
Filed with the Secretary of State
December 23, 2025
EFFECTIVE DATE: Sine Die
(91st day after final adjournment of the 2025 Regular Session)
STATE OF MICHIGAN
103RD LEGISLATURE
REGULAR SESSION OF 2025
Introduced by Reps. Alexander, Miller, Wilson, BeGole, Mentzer, Rigas, Greene, Kunse, Neyer,
Meerman, DeSana, Bierlein, Farhat, Morgan, Johnsen, Rheingans, Kelly, Wozniak, Bohnak,
Paiz, Pavlov, Markkanen, Thompson, Snyder, Dievendorf, Prestin, Bruck, Outman, Wortz,
Jenkins-Arno, Byrnes and VanderWall
ENROLLED HOUSE BILL No. 4122
AN ACT to amend 2000 PA 92, entitled “An act to codify the licensure and regulation of certain persons
engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing,
fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers
and duties of the department of agriculture and rural development; to provide for delegation of certain powers
and duties to certain local units of government; to provide exemptio ns; to regulate the labeling, manufacture,
distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by
prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to
provide standards for food products and food establishments; to provide for immunity to certain persons under
certain circumstances; to provide for enforcement of the act; to provide penalties and remedies for violation of the
act; to provide f or fees; to provide for promulgation of rules; and to repeal acts and parts of acts, ” by amending
sections 1105, 1111, and 4102 (MCL 289.1105, 289.1111, and 289.4102), section 1105 as amended by 2014 PA 516,
section 1111 as amended by 2018 PA 92, and section 4102 as amended by 2012 PA 178.
The People of the State of Michigan enact:
Sec. 1105. (1) As used in this act:
(a) “Adulterated” means food to which any of the following apply:
(i) It bears or contains a poisonous or deleterious substance that may render the food injurious to health unless
the substance is not an added substance and the quantity of that substance in the food does not ordinarily render
it injurious to health.
(ii) It bears or contains an added poisonous or added deleterious substance, other than a substance that is a
pesticide chemical in or on a raw agricultural commodity, a food additive, or a color additive considered unsafe
within the meaning of subsection (2).
(iii) It is a raw agricultural commodity that bears or contains a pesticide chemical considered unsafe within
the meaning of subsection (2).
(iv) It bears or contains a food additive considered unsafe within the meaning of subsection (2). However, if a
pesticide chemical is used in or on a raw agricultural commodity in conformity with an exemption granted or
limitation prescribed under subsection (2) and the raw agricultural commodity is subjected to processing, the
residue of that pesticide chemical remaining in or on that processed food is, notwithstanding the provisions of
subsection (2) and this subdivision, not considered unsafe if that residue in or on the raw agricultural commodity
is removed to the extent possible in good manufacturing practice and if the concentration of that residue in the
processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity.
(v) It is or contains a new animal drug or conversion product of a new animal drug that is unsafe within the
meaning of section 101 of the federal act, 21 USC 360b.
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(vi) It consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance or it is
otherwise unfit for food.
(vii) It has been produced, prepared, packed, or held under unsanitary conditions in which it may have become
contaminated with filth or in which it may have been rendered diseased, unwholesome, or injurious to health.
(viii) It is the product of a diseased animal or animal that has died other than by slaughter or has been fed
uncooked garbage or uncooked offal from a slaughterhouse.
(ix) Its container is composed, in whole or in part, of a poisonous or deleterious substance that may render the
contents injurious to health.
(x) A valuable constituent is in whole or in part omitted or abstracted from the food; a substance is substituted
wholly or in part for the food; damage or inferiority is concealed in any manner; or a substance is added to, mixed
with, or packed with the foo d to increase its bulk or weight, reduce its quality or strength, or make it appear
better or of greater value than it is.
(xi) It is confectionery and has partially or completely imbedded in it a nonnutritive object except if, as provided
by rules, the object is of practical functional value to the confectionery product and would not render the product
injurious or hazardous to health; it is confectionery and bears or contains any alcohol other than alcohol not in
excess of 0.5% by volume derived solely from the use of flavoring extracts; or it is confectionery and bears or
contains a nonnutritive substance except a nonnutritive substance such as harmless coloring, harmless flavoring,
harmless resinous glaze not in excess of 0.4%, harmless natural wax not in excess of 0.4%, harmless natural gum
and pectin or any chewing gum by reason of its containing harmless nonnutritive mast icatory substances which
is in or on the confectionery by reason of its use for some practical functional purpose in the manufacture,
packaging, or storage of the confectionery if the use of the substance does not promote deception of the consumer
or otherwise result in adulteration or misbranding in violation of this act. For the purpose of avoiding or resolving
uncertainty as to the application of this subdivision, the director may issue rules allowing or prohibiting the use
of particular nonnutritive substances.
(xii) It is, bears, or contains any color additive that is unsafe within the meaning of subsection (2).
(xiii) It is intentionally subjected to radiation, unless the use of the radiation was in conformity with a rule or
exemption under this act or a regulation or exemption under the federal act.
(xiv) It is bottled water that contains a substance at a level higher than allowed under this act.
(b) “Advertisement” means a representation disseminated in any manner or by any means, other than by
labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of food.
(c) “Agricultural use operation ” means a maple syrup production facility or similar food establishment that
finishes a raw commodity and is integral to the agricultural production of, and is located at, a farm. An
agricultural use operation is not considered a food processor or retail processing operation for purposes of personal
or real property but must meet those same standards and licensing requirements under this act.
(d) “Bed and breakfast” means a private residence that offers sleeping accommodations to transient tenants
in 14 or fewer rooms for rent, is the innkeeper’s residence where the innkeeper resides while renting the rooms to
transient tenants, and serves breakfasts, or other meals in the case of a bed and breakfast described in
section 1107(t)(ii), at no extra cost to its transient tenants. A bed and breakfast is not a food service establishment
if exempt under section 1107(t)(ii) or (iii).
(e) “Color additive” means a dye, pigment, or other substance that is made by a process of synthesis or similar
artifice or is extracted, isolated, or otherwise derived, with or without intermediate or final change of identity
from a vegetable, animal, mineral, or other sourc e, or when added or applied to a food or any part of a food is
capable alone or through reaction with other substances of imparting color to the food. Color additive does not
include any material that is exempt or hereafter is exempted under the federal act. This subdivision does not
apply to a pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in
aiding, retarding, or otherwise affecting, directly or indirectly, the growth of other na tural physiological process
of produce of the soil and thereby affecting its color, whether before or after harvest. Color includes black, white,
and intermediate grays.
(f) “Consumer” means an individual who is a member of the public that takes possession of food, does not
function in the capacity of an operator of a food establishment or food processor, and does not offer the food for
resale.
(g) “Contaminated with filth” means contaminated as a result of not being securely protected from dust, dirt,
and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminants.
(h) “Continental breakfast” means the serving of only non-potentially-hazardous food such as a roll, pastry or
doughnut, fruit juice, or hot beverage, but may also include individual portions of milk and other items incidental
to those foods.
(i) “Core item ” means a provision in the food code that is not designated as a priority item or a priority
foundation item. Core item includes both of the following:
(i) An item that usually relates to general sanitation, operational controls, sanitation standard operating
procedures (SSOPs), facilities or structures, equipment design, or general maintenance.
(ii) The requirements of sections 2129(2) and 6152(1).
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(j) “Cottage food operation” means a person who produces or packages cottage food products only in a kitchen
of that person’s primary domestic residence within this state.
(k) “Cottage food product” means a food that is not a food that is time/temperature control for safety, as that
term is defined in the food code. Cottage food product includes, but is not limited to, jams, jellies, dried fruit,
candy, cereal, granola, dry mixes, vinegar, dried herbs, and baked goods that do not require temperature control
for safety. Cottage food product does not include any of the following:
(i) Any food regulated under 21 CFR parts 108, 113, and 114, including salsa.
(ii) Canned low-acid fruits or acidified vegetables.
(iii) Other canned foods except for standardized jams, jellies, and preserves as described in 21 CFR part 150.
(iv) Meat and poultry products.
(v) Milk products.
(vi) Bottled water and other beverages.
(vii) Home-produced ice products.
(2) An added poisonous or deleterious substance, food additive, pesticide chemical in or on a raw agricultural
commodity, or color additive is considered unsafe for the purpose of subsection (1)(a), unless there is in effect a
federal regulation or exemption from regulation under the federal act, the federal meat inspection act, 21 USC 601
to 683, the poultry products inspection act, 21 USC 451 to 472, or another federal statute, or a rule limiting the
quantity of the substance, and the use or intended use of the substance, and the use or intended use of the
substance conforms to the terms prescribed by the federal regulation or exemption or rule.
Sec. 1111. As used in this act:
(a) “Raw agricultural commodity” means any food in its raw or natural state including fruits that are washed,
colored, or otherwise treated in their unpeeled natural form before marketing.
(b) “Regulatory authority ” means the department, local health department, or authorized representative
having jurisdiction over the food establishment.
(c) “Retail food establishment” means an operation that sells or offers to sell food directly to a consumer. Retail
food establishment includes both a retail grocery and a food service establishment, but does not include a food
processor.
(d) “Retail grocery ” means an operation that sells or offers to sell food to consumers for off -premises
consumption. Food for off -premises consumption does not include take -out food intended for immediate
consumption.
(e) “Rules” means administrative rules promulgated under this act in accordance with the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(f) “Shellfish dealer” means an interstate wholesaler handling shellfish.
(g) “Shellfish dealer certification” means the issuance of a numbered certificate to a person that indicates that
the person is in compliance with the requirements of the guide for the control of molluscan shellfish and has
permission from the department to conduct 1 or more of the following shellfish activities, as defined in the guide
for the control of molluscan shellfish:
(i) Shellstock shipper.
(ii) Shucker packer.
(iii) Repacker or reshipper.
(h) “Smoked fish rules” means R 285.569.1 to R 285.569.19 of the Michigan Administrative Code.
(i) “Special transitory food unit” means a temporary food establishment that is licensed to operate throughout
the state without the 14-day limits or a mobile food establishment that is not required to return to a commissary.
(j) “Staple foods” does not include accessory foods such as coffee, tea, cocoa, soda, noncarbonated drinks such
as sports drinks, punches, and flavored waters, candy, condiments, spices, hot foods, or foods ready to go or made
to take out, such as prepared sandwiches or salads.
(k) “Sulfiting agents” means any of the following:
(i) Sulfur dioxide.
(ii) Sodium sulfite.
(iii) Sodium bisulfite.
(iv) Potassium bisulfite.
(v) Sodium metabisulfite.
(vi) Potassium metabisulfite.
(l) “Temporary food establishment ” means a food establishment that operates at a fixed location for a
temporary period not to exceed 14 consecutive days.
(m) “Temporary license” means a written authorization issued by the director to operate for a specified limited
time period.
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(n) “Third-party food delivery platform ” means a business engaged in the service of delivery from a cottage
food operation or online food ordering and delivery from a food service establishment to a consumer.
(o) “Transient tenant ” means an individual who rents a room in a bed and breakfast for fewer than
30 consecutive days.
(p) “Trimming” means removing leaves, roots, and other extraneous materials in preparation for grading,
sorting, and sale as a whole fruit or vegetable. Trimming does not remove the peel or core and does not further
cut the whole fruit or vegetable.
(q) “U.S. standards for shell eggs ” means “United States Standards, Grades, and Weight Classes for Shell
Eggs”, AMS 56 (July 20, 2000), United States Department of Agriculture.
(r) “Vending company base location” means a vending machine location or other food establishment required
to be separately licensed under section 4105(5).
(s) “Vending machine” means a self-service device that, after inserting a coin, paper currency, token, card, or
key, or by manual operation, dispenses a unit serving of food in bulk or in a package without the necessity of
replenishing the device between each vending operation. Vending machine does not include any of the following:
(i) A device that dispenses only bottled or canned soft drinks, other packaged nonperishable foods or beverages,
or bulk ball gum, nuts, or panned candies.
(ii) A water dispensing machine that is registered under section 4115.
(t) “Vending machine location” means the room, enclosure, space, or area in which 1 or more vending machines
are installed and operated, or a micro market.
(u) “Wholesale” means selling other than directly to consumers.
(v) “Wild game” means animals from their natural state and not cultivated, domesticated, or tamed.
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 part 110 or the food code.
(2) Cottage food products must be prepackaged and properly labeled before sale.
(3) A cottage food operation shall place on the label of any food it produces or packages the following
information:
(a) One of the following, as applicable:
(i) The name and address of the business of the cottage food operation.
(ii) The name, telephone number, and registration number issued under subsection (8) 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 and rural development.”.
(4) Except as otherwise provided in this subsection, a cottage food product must be sold directly from the
cottage food operation to the consumer. Sales by consignment or at wholesale are prohibited. A cottage food
product may be sold by internet or mail o rder or may be delivered to a consumer through a third -party food
delivery platform if the cottage food operation provides an opportunity for a consumer to directly interact with
the cottage food operation before the cottage food product is sold. A cottage food product sold by internet or mail
order or delivered through a third -party delivery platform must be sold or delivered only to a consumer in this
state. As used in this subsection:
(a) “Directly interact with” includes either a face-to-face meeting or a virtual meeting.
(b) “Virtual meeting” includes, but is not limited to, a meeting in which communication occurs electronically
in a manner that permits 2 -way communication so that participants can see or be seen and hear or be heard by
all parties to the communication.
(5) Except as otherwise provided in this subsection, the gross sales of cottage food products by a cottage food
operation must not exceed $50,000.00 annually until October 1,2026. If the cottage food operation sells cottage
food products at a price of $250 .00 or more per unit, the gross sales of the cottage food products by the cottage
food operation must not exceed $75,000.00 annually until October 1, 2026. For the purposes of this subsection,
gross sales must be computed on the basis of the amount of gros s sales on a per -person basis within or at a
particular domestic residence. The department may request in writing documentation to verify the annual gross
sales figure. Beginning October 1, 2026, and by each October 1 thereafter, the department may adjust the gross
sales amounts set under this subsection by the amount calculated by multiplying the sales limit in effect during
the immediately preceding fiscal year by the inflation adjustment factor and rounding to the nearest whole dollar.
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The inflation adjustment factor used under this subsection is equal to the 3 -year average July -June Consumer
Price Index for the current fiscal year divided by the 3 -year average July -June Consumer Price Index for the
immediately preceding fiscal year, as determined by the department of treasury using the Detroit Consumer Price
Index. An inflation adjustment factor used under this subsection must not be less than $1.00. As used in this
subsection, “Detroit Consumer Price Index ” means the most comprehensive index of consumer prices available
for the Detroit -Warren-Dearborn area from the Bureau of Labor Statistics of the United States Department of
Labor.
(6) Cottage food products must 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.
(8) If the MSU Product Center administers a registration program for cottage food operations, the records of
which must be available to the department on request, a cottage food operation may register with the MSU
Product Center. The MSU Product Center may do both of the following:
(a) Issue a document that evidences the granting of registration and contains an identifying number unique
to a cottage food operation.
(b) Collect a 1-time registration fee of not more than $50.00 to administer the registration program.
(9) A cottage food operation that registers with the MSU Product Center under subsection (8) shall include on
the label described under subsection (3) the registration number issued to the cottage food operation. A cottage
food operation that does not register with the MSU Product Center under subsection (8) shall include on the label
described in subsection (3) the name and address of the cottage food operation.
(10) Information obtained under subsection (8) is exempt from disclosure under the freedom of information
act, 1976 PA 442, MCL 15.231 to 15.246.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor