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HB-6007, As Passed House, June 25, 2026
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SUBSTITUTE FOR
HOUSE BILL NO. 6007
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending sections 3105, 3113, 3129, 3139, 4101, 4105, 5101, and
6103 (MCL 289.3105, 289.3113, 289.3129, 289.3139, 289.4101,
289.4105, 289.5101, and 289.6103), sections 3105 and 5101 as
amended by 2012 PA 178, section 3113 as amended by 2016 PA 188,
section 3139 as amended by 2007 PA 113, section 4101 as amended by
2010 PA 112, and section 4105 as amended by 2025 PA 43.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3105. (1) The department shall delegate the authority and 1
responsibility for the enforcement of the requirements pertaining 2
to food service establishments contained in this act and rules to 3
local health departments meeting that meet the program criteria 4
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provided for in this act and rules. The local health departments 1
shall enforce this act and rules and may delegate enforcement 2
authority under a plan of organization approved pursuant to under 3
section 2431 of the public health code, MCL 333.2431. If a food 4
service program is discontinued or is revoked for failure to meet 5
the program criteria, redelegation to a local health department by 6
the director of the program is not required. Local health 7
departments delegated authority under this chapter shall enforce 8
this act and rules in the manner provided for in part 24 of the 9
public health code, MCL 333.2401 to 333.2498, except that late fees 10
under section 4113, administrative fines under section 5105, and 11
criminal fines under section 5107 are specifically not delegated to 12
the local health departments. 13
(2) If a food service establishment is a part of a retail 14
grocery or food processor and the retail grocery and or food 15
processor are is the predominant part of the food business as 16
determined by the department, authority and responsibility 17
pertaining to that the food service establishment are not delegated 18
under subsection (1). 19
(3) If Except as provided under subsection (5), if a retail 20
grocery or food processor is a part of a food service establishment 21
but the food service establishment is the predominant part of the 22
food business as determined by the department, the authority and 23
responsibility for the entire establishment are delegated under 24
subsection (1). 25
(4) Mobile and temporary food establishments and special 26
transitory food units that are predominantly food service 27
establishments as determined by the department are delegated to the 28
local health departments under subsection (1). Mobile and temporary 29
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food establishments and special transitory food units that are 1
predominantly retail groceries or food processors are not delegated 2
under subsection (1). 3
(5) If a food processor is part of a food service 4
establishment as described in subsection (3) and processes for 5
wholesale low acid canned food, acidified food, juice, seafood, 6
fermented foods other than alcohol, or aseptic-processed foods, or 7
performs a process determined by the department to be complex, 8
authority and responsibility may be transferred from the local 9
health department back to the department for activities related to 10
processing the food for wholesale. 11
Sec. 3113. (1) A county, city, village, or township shall not 12
regulate those aspects of food service establishments that are 13
subject to regulation under this act except to the extent necessary 14
to carry out the responsibility of a local health department to 15
implement the licensing provisions of under chapter IV. This 16
chapter does not relieve the applicant for a license or a licensee 17
from responsibility for securing a local permit or complying with 18
applicable local codes, regulations, or ordinances not in conflict 19
with this act. 20
(2) A county, city, village, or township shall not require a 21
license, permit, or registration for, or otherwise regulate, a 22
temporary food establishment that meets the requirements of section 23
4105(1)(g). 24
Sec. 3129. (1) A local health department shall investigate an 25
allegation of foodborne diseases and poisonings or suspected 26
foodborne diseases and poisonings connected with food service 27
establishments within its jurisdiction and delegated authority and 28
shall promptly make a report of its findings to the department. 29
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(2) If an investigation indicates that a source of a an 1
alleged foodborne disease or poisoning was from a food processing, 2
food storage, or similar type of food establishment over which the 3
department has legal jurisdiction or responsibility, the local 4
health department shall immediately notify the director department 5
while the local health department is completing the investigation. 6
If the department is notified under this subsection, the department 7
shall provide a report of its response and findings to the local 8
health department. 9
Sec. 3139. (1) If a certified health department fails to meet 10
the requirements established in this act or rules, promulgated 11
under this act, the department may revoke the certified health 12
department's certification and delegated authority after providing 13
not less than 120 days' written notice. of deficiencies shall be 14
furnished to the health officer of that certified health department 15
within 30 days after completion of the review under section 3137. 16
This notice shall offer an opportunity to the health officer of the 17
certified health department for a hearing with the director. If a 18
hearing is not requested, certification issued under this chapter 19
shall be revoked within 30 days following the notice to the health 20
officer of the certified health department. If a hearing is held 21
and deficiencies are not corrected within the time period specified 22
in the hearing, certification shall be revoked within the time 23
period specified in the hearing. 24
(2) If requested by the health officer of the certified health 25
department in a written notice to the director, certification 26
issued under this chapter shall be revoked within 30 days of 27
receipt of the written notice. 28
(2) (3) Revocation of a certified health department's 29
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certification and delegated authority issued under this chapter act 1
does not restrict a certified health department from reapplication 2
for certification. 3
Sec. 4101. (1) Except as provided in sections 3115, 4102, and 4
4105, a person shall not operate a food establishment unless 5
licensed by the department as a food establishment. 6
(2) Separate areas for of food service or preparation 7
establishments located in on 1 building premises and actively 8
operated under 1 management are may be considered to be 1 food 9
establishment and only 1 license is may be required, . The director 10
may require separate licenses for these areas if managed separately 11
even though under the same owner.as determined by the department. 12
(3) Except as otherwise provided in this act, a city, county, 13
or other local unit of government shall not adopt or enforce 14
licensing ordinances or regulations for persons regulated under 15
this act. 16
Sec. 4105. (1) A person, establishment, or organization that 17
is 1 or more of the following is exempt from the licensure 18
requirements under this act: 19
(a) Subject to subsection (2), an establishment licensed under 20
1 of the following acts while conducting activities within the 21
scope of that act: 22
(i) Grain dealers act, 1939 PA 141, MCL 285.61 to 285.89. 23
(ii) 1959 PA 228, MCL 286.371 to 286.379. 24
(iii) 1964 PA 158, MCL 290.451 to 290.466. 25
(iv) Grade A milk law of 2001, 2001 PA 266, MCL 288.471 to 26
288.540. 27
(v) Manufacturing milk law of 2001, 2001 PA 267, MCL 288.561 28
to 288.740. 29
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(b) A person that is offering offers only whole uncut fresh 1
fruits and vegetables directly to consumers. 2
(c) Consumers or nonprofit cooperatives of consumers in 3
compliance with the nonprofit corporation act, 1982 PA 162, MCL 4
450.2101 to 450.3192, providing products from regulated sources 5
only for their own use. 6
(d) Nonprofit cooperatives in compliance with the nonprofit 7
corporation act, 1982 PA 162, MCL 450.2101 to 450.3192, that are 8
growers selling unprocessed products of their own production or are 9
producers selling unprocessed products of their own production from 10
regulated sources. 11
(e) Retail outlets for the sale of prepackaged honey or maple 12
syrup produced in this state if the outlet is operated by the 13
producer and the processing facility is licensed under this act. 14
Both retail outlets and processing facilities are exempt from 15
licensure under this act for producers with gross sales that do not 16
exceed the gross sale limitation for cottage food products 17
described in section 4102(5) for honey or maple syrup. If both the 18
retail outlet and processing facility are exempt from licensure 19
under this subdivision, the honey and maple syrup must have a label 20
that is substantially similar to the label for cottage food 21
products as described in section 4102(3). 22
(f) A temporary food establishment with no food preparation 23
using only single-service articles and serving only non-24
potentially-hazardous food or beverage. 25
(g) A temporary food establishment that meets the following 26
requirements: 27
(i) Uses only single-service articles. 28
(ii) Limits food preparation to the mixing and serving of 29
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lemonade or other nonalcoholic beverages that are not 1
time/temperature controlled for safety, as that term is defined in 2
the food code. 3
(iii) Is operated by a minor. 4
(iv) Is located on private property with the permission of the 5
private property owner or is located at an event held on public 6
property with the permission of the event organizers. 7
(v) Generates gross sales of $5,000.00 or less per calendar 8
year. 9
(h) (g) A retail food establishment that does both of the 10
following: 11
(i) Only sells prepackaged, non-potentially-hazardous foods. 12
(ii) Offers only an incidental amount of food, such as the sale 13
of single-service packages. 14
(i) (h) A mobile food establishment, such as an ice cream 15
truck, that offers only prepackaged, single-serving frozen 16
desserts. 17
(j) (i) An event not open to the general public held by a 18
nonprofit trade association representing food establishments, 19
suppliers, or manufacturers where limited food preparation takes 20
place for the purpose of advertising, displaying, promoting, and 21
sampling prepared food. 22
(k) (j) A commercial fishing guide service that serves lunch 23
food to a party of not more than 12 clients on or adjacent to a 24
body of water, river, or stream while pursuing, catching, killing, 25
taking, or attempting to take fish. As used in this subdivision, 26
"commercial fishing guide service" means a service provided for a 27
fee or other valuable consideration, regardless of whether the fee 28
or other valuable consideration is paid directly or indirectly, to 29
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assist another person in pursuing, catching, killing, taking, or 1
attempting to take fish. 2
(l) (k) A person that owns or operates a device that dispenses 3
only bottled or canned soft drinks; other packaged nonperishable 4
foods or beverages; or bulk gum, nuts, and panned candies. 5
(m) (l) Feeding operations set up in response to an emergency 6
or disaster. 7
(n) (m) A person that operates as a food warehouse or food 8
processor, if the food warehouse or food processor contains or 9
handles only uncut fruits or vegetables, or both, and meets all of 10
the following criteria: 11
(i) The establishment is owned and operated by the person 12
producing that produces the fruits or vegetables, or both. 13
(ii) Activities at the establishment are limited to storing, 14
grading, sorting, packing, washing, trimming, and refrigerating. 15
(iii) The fruits or vegetables, or both, are primarily from the 16
person's own production, and the balance are products of the same 17
genus or genera from other agricultural producers. 18
(iv) The food is not "potentially hazardous food 19
(time/temperature a time/temperature control for safety food)" 20
food, as that term is defined in the food code. 21
(o) (n) An individual who operates a location under the 22
requirements of 1978 PA 260, MCL 393.351 to 393.368. 23
(p) An establishment that meets both of the following 24
requirements: 25
(i) Offers only food that is not a time/temperature control for 26
safety food, as that term is defined in the food code, and that 27
requires minimal preparation, such as coffee, tea, or popcorn. 28
(ii) Offers the food described under subparagraph (i) only as a 29
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courtesy to customers at no charge. 1
(2) Notwithstanding subsection (1)(a), a person that operates 2
as or conducts activities the director considers to be a food 3
establishment must be licensed in the appropriate category under 4
this act. 5
(3) If food for immediate consumption is prepared in a food 6
service establishment licensed under this chapter and the food is 7
transported from the food service establishment to a fixed 8
temporary serving location, the fixed temporary serving location is 9
not required to be separately licensed and is considered an 10
extension of the food service establishment if no food preparation 11
is conducted at the fixed temporary serving location, the food and 12
standard operating procedures are consistent with the procedures 13
approved by the local health department or department, as 14
applicable, and the food is transported and served by employees of 15
the food service establishment. 16
(4) If prepackaged food is transported from a food 17
establishment licensed under this chapter to a sales location at a 18
farmers' market, fair, or festival, the sales location is not 19
required to be separately licensed and is considered an extension 20
of the food establishment if the food is transported and sold by 21
employees of the food establishment. 22
(5) If prepackaged food is transported from a food 23
establishment licensed under this chapter to 1 or more vending 24
machine locations by employees of the food establishment and the 25
vending machine or machines are maintained by employees of the food 26
establishment, the vending machine locations are not required to be 27
separately licensed and are considered to be an extension of the 28
food establishment, which must be separately licensed. However, if 29
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the food establishment from which the prepackaged food is 1
transported is located in another state, both of the following 2
apply: 3
(a) One of the vending machine locations in this state must be 4
separately licensed as a food establishment. 5
(b) The remaining vending machine locations in this state are 6
not required to be separately licensed and are considered to be an 7
extension of the food establishment under subdivision (a). 8
Sec. 5101. (1) A person shall not do or cause to be done any 9
of the following: 10
(a) Manufacture, sell, deliver, hold, or offer for sale 11
adulterated or misbranded food. 12
(b) Adulterate or misbrand food. 13
(c) Receive in commerce food that is adulterated or misbranded 14
and deliver or proffer the delivery of that the food for pay or 15
otherwise. 16
(d) Sell, deliver for sale, hold for sale, or offer for sale 17
food unless that person holds a license issued is licensed under 18
chapter IV. 19
(e) Disseminate a false advertisement concerning food or a 20
food establishment. 21
(f) Refuse to permit entry or evaluation, or to permit the 22
taking of a sample, as authorized by section 2111. 23
(g) Give a false guaranty or undertaking concerning food, 24
unless in good-faith reliance on a guaranty or undertaking to the 25
same effect signed by and containing the name and address of the 26
person from whom the food was received. 27
(h) Remove or dispose of seized or embargoed food in violation 28
of section 2105. 29
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(i) Alter, mutilate, destroy, obliterate, or remove all or 1
part of the label or do any other act with respect to a food while 2
the food is held for sale resulting in the food being adulterated 3
or misbranded. 4
(j) Forge, counterfeit, simulate, or falsely represent, or 5
without proper authority use any mark, stamp, tag, label, or other 6
identification device authorized or required by this act or rules. 7
(k) Permit filthy or unsanitary conditions to exist in a food 8
establishment in which food intended for human consumption is 9
manufactured, received, kept, stored, served, sold, or offered for 10
sale. 11
(l) Falsely identify a country, state, or other place of origin 12
of food on a label, tag, or other document with intent to deceive 13
or defraud. 14
(m) Fail to establish or maintain any record or make any 15
report required under this act or the federal act, or refuse to 16
permit access to or verification or copying of any such required 17
record. 18
(n) Interfere with the director in the conduct of his or her 19
conducting the director's responsibilities under this act. 20
(o) Make a false statement, representation, or certification 21
verbally or in any application, report, plan, or other document 22
that is required to be maintained under this act or rules. 23
(p) Remove a tag, seal, or mark placed by the director. 24
(q) Operate without a license, registration, permit, or 25
endorsement. 26
(r) Violate a provision of this act or a rule. 27
(s) Operate as a shellfish dealer without a shellfish dealer 28
certificate. 29
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(t) If the person is a food establishment, permit Michigan 1
bridge card Bridge Card access to food assistance program benefits 2
unless the food establishment's inventory records match redemption 3
files for Michigan bridge card Bridge Card usage for food 4
assistance program benefits and 1 or more of the following apply: 5
(i) The food for sale includes, on a continuous basis, at least 6
3 7 varieties of foods, with at least 3 units of each of the 7 7
varieties of food, in each of the following 4 staple food groups: 8
and perishable foods in at least 2 of the groups: 9
(A) Meat, poultry, or fish. 10
(B) Bread or cereal. 11
(C) Vegetables or fruits. 12
(D) Dairy products. 13
(ii) At least 50% of the total dollar amount of all gross 14
retail sales , including food and nonfood items, fuel, and services 15
at the food establishment is from the sale of eligible food items 16
in any of the 4 staple food groups. 17
(iii) At least 84 eligible food items are not expired and 18
offered for sale on a continuous basis. 19
(2) Each day a violation of this section occurs is a separate 20
violation of this section. 21
Sec. 6103. (1) The following food establishments are exempt 22
from the requirement for plan review and approval specified in 23
section 8-201.11 of the food code: 24
(a) A temporary food establishment. 25
(b) A retail grocery. 26
(2) The plan review exemption for a retail grocery in 27
subsection (1) does not apply to the operation of a food service 28
establishment within a retail grocery. For purposes of this 29
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section, a deli within a retail grocery is not considered a food 1
service establishment unless it provides seating for the customers. 2