February 1, 2007, Introduced by Reps. Gonzales, Clack, Polidori, Bieda, Hammon, Cushingberry, Kathleen Law, Ball, Valentine, Bennett, Rick Jones, Hopgood, Leland and Johnson and referred to the Committee on Health Policy.
A bill to amend 2000 PA 92, entitled
"Food law of 2000,"
by amending section 1105 (MCL 289.1105) and by adding section 6150.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1105. As used in this act:
(a) "Adulterated" means food to which any of the following
apply:
(i) It bears or contains any poisonous or deleterious substance
that may render it injurious to health except that, if the
substance is not an added substance, the food is not considered
adulterated if the quantity of that substance in the food does not
ordinarily render it injurious to health.
(ii) It bears or contains any 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
subparagraph (v).
(iii) It is a raw agricultural commodity that bears or contains
a pesticide chemical considered unsafe within the meaning of
subparagraph (v).
(iv) It bears or contains any food additive considered unsafe
within the meaning of subparagraph (v) provided that where a
pesticide chemical has been used in or on a raw agricultural
commodity in conformity with an exemption granted or tolerance
prescribed under subparagraph (v) and the raw agricultural commodity
has been subjected to processing the residue of that pesticide
chemical remaining in or on that processed food is, notwithstanding
the provisions of subparagraph (v) and this subdivision, not be
considered unsafe if that residue in or on the raw agricultural
commodity has been 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) Any added poisonous or deleterious substance, any food
additive, and pesticide chemical in or on a raw agricultural
commodity, or any color additive is considered unsafe for the
purpose of application of this definition, unless there is in
effect a federal regulation or exemption from regulation under the
federal act, meat inspection act, poultry product inspection act,
or other federal acts, or a rule adopted under this act 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 rule.
(vi) It is or contains a new animal drug or conversion product
of a new animal drug that is unsafe within the meaning of section
512
of the federal act, 21 U.S.C. USC
512.
(vii) It consists in whole or in part of a diseased,
contaminated, filthy, putrid, or decomposed substance or it is
otherwise unfit for food.
(viii) It has been produced, prepared, packed, or held under
insanitary conditions in which it may have become contaminated with
filth or in which it may have been rendered diseased, unwholesome,
or injurious to health.
(ix) It is the product of a diseased animal or an animal that
has died other than by slaughter or that has been fed uncooked
garbage or uncooked offal from a slaughterhouse.
(x) Its container is composed, in whole or in part, of any
poisonous or deleterious substance that may render the contents
injurious to health.
(xi) A valuable constituent has been in whole or in part
omitted or abstracted from the food; a substance has been
substituted wholly or in part for the food; damage or inferiority
has been concealed in any manner; or a substance has been added to
the food or mixed or packed with the food so as to increase its
bulk or weight, reduce its quality or strength, or make it appear
better or of greater value than it is.
(xii) It is confectionery and has partially or completely
imbedded in it any nonnutritive object except in the case of any
nonnutritive object 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 bears
or contains any alcohol other than alcohol not in excess of 1/2 of
1% by volume derived solely from the use of flavoring extracts; or
it bears or contains any nonnutritive substance except a
nonnutritive substance such as harmless coloring, harmless
flavoring, harmless resinous glaze not in excess of 4/10 of 1%,
harmless natural wax not in excess of 4/10 of 1%, harmless natural
gum and pectin or to any chewing gum by reason of its containing
harmless nonnutritive masticatory substances which is in or on
confectionery by reason of its use for some practical functional
purpose in the manufacture, packaging, or storage of such
confectionery if the use of the substance does not promote
deception of the consumer or otherwise result in adulteration or
misbranding in violation of the provisions 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.
(xiii) It is or bears or contains any color additive that is
unsafe within the meaning of subparagraph (v).
(xiv) It has been 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.
(xv) 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) "Artificial trans fat" means an unsaturated fat or fatty
acid that is produced by the partial hydrogenation of plant oils
and that contains 1 or more instances of atoms bonded in a trans
configuration.
(d) (c)
"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 in which the innkeeper
resides while renting the rooms to transient tenants, and serves
breakfasts at no extra cost to its transient tenants. A bed and
breakfast is not considered a food service establishment if exempt
under
section 1107 (l)(iii) or (iv) 1107(k)(iii) or (iv).
(e) (d)
"Color additive" means a
dye, pigment, or other
substance made by process of synthesis or similar artifice or
extracted, isolated, or otherwise derived, with or without
intermediate or final change of identity from a vegetable, animal,
mineral, or other source, or when added or applied to a food or any
part of a food is capable alone or through reaction with other
substance 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 any 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 natural
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) (e)
"Contaminated with filth"
means contamination
applicable to any food not securely protected from dust, dirt, and,
as far as may be necessary by all reasonable means, from all
foreign or injurious contaminations.
(g) (f)
"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.
(h) (g)
"Critical violation" or
"critical item" means a
violation of the food code that the director determines is more
likely than other violations to contribute to food contamination,
illness to humans, or environmental health hazard.
Sec. 6150. (1) The department shall develop the text for a
warning to consumers regarding foods containing artificial trans
fats and shall make this warning available on its website, not
later than July 1, 2007, to food service establishments.
(2) Beginning October 1, 2007, food service establishments
that offer for sale food containing artificial trans fat shall
indicate which foods contain artificial trans fat and shall include
a warning in substantial compliance with the warning developed by
the department on menus and table tents. The text for the warning
shall meet the following requirements:
(a) The text size for handheld menus or table tents shall be
visually equivalent to at least 11-point font size or may be
visually equivalent to the font size of menu item descriptions.
(b) Text color shall provide a clear contrast to the
background.