HB-4017, As Passed House, March 26, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4017

A bill to amend 2000 PA 92, entitled

"Food law,"

(MCL 289.1101 to 289.8111) by amending the title and by adding

section 5104.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

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 exemptions; 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 for fees; to provide for

promulgation of rules; and to repeal acts and parts of acts.

Sec. 5104. (1) A retail food establishment, farmer,

wholesaler, wholesale processor, distributor, or other person who

donates food for use or distribution by a nonprofit organization or

nonprofit corporation, and a nonprofit organization or nonprofit

corporation that collects donated food and distributes that food to

another nonprofit organization or nonprofit corporation free of

charge or for a nominal fee, is not subject to any criminal

liability under this act or any civil liability resulting from the

nature, age, condition, or packaging of the food unless the donor

or nonprofit organization or nonprofit corporation knew or

reasonably should have known when it donated or distributed the

food that the food was adulterated or not fit for human

consumption.

(2) A nonprofit organization or nonprofit corporation that

serves donated food described under subsection (1) shall employ or

designate as a food safety manager an individual who is certified

under a personnel certification program described in section