February 9, 2016, Introduced by Senators HUNE, ROBERTSON, SMITH, BRANDENBURG, KNEZEK, KNOLLENBERG, SCHMIDT, EMMONS, SHIRKEY, HILDENBRAND, PROOS, O'BRIEN, JOHNSON, MACGREGOR, JONES, SCHUITMAKER and HANSEN and referred to the Committee on Agriculture.
A bill to amend 2000 PA 92, entitled
"Food law,"
by amending sections 2111, 3115, 3123, 4116, and 6115 (MCL
289.2111, 289.3115, 289.3123, 289.4116, and 289.6115), section 2111
as amended by 2015 PA 61, section 3115 as amended by 2015 PA 142,
section 3123 as amended by 2007 PA 113, and sections 4116 and 6115
as amended by 2007 PA 114.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2111. (1) The director shall have free access at
reasonable hours to any food establishment, other than a vending
machine location, including a vehicle used to transport or hold
food, for the purpose of evaluating that food establishment or
vehicle to determine if this act or rules promulgated under this
act are being violated. The director may secure samples of any
food, after paying or offering to pay for the samples, to determine
if this act or rules promulgated under this act are being violated.
(2) The director may examine the records of the food
establishment, other than a vending machine location, to obtain
pertinent information about food, supplies, and equipment
purchased, received, or used by, or persons employed by, the food
establishment or location.
(3) The director may take photographs or copy records as part
of an evaluation. If a food establishment identifies by written
document or mark that a certain area or record contains visible
trade secrets, the director shall identify any photographs of that
area or copies of that record as being confidential and shall
diligently protect the confidentiality.
Sec. 3115. (1) A local health department shall promptly review
a license application for a food service establishment, including,
but not limited to, a vending machine location, to determine if the
application is complete and accurate. A local health department may
return an incomplete or inaccurate application to a license
applicant and request any additional information it considers
necessary
to assure ensure completeness or accuracy of the
application.
(2) Subject to subsection (3), after a local health department
determines that an application under subsection (1) is proper,
complete, and accurate, it shall inspect the proposed or existing
food
service establishment, including, but not limited to, other
than a vending machine location, to determine compliance with this
act.
(3) If a temporary food establishment will serve only low-risk
food, instead of conducting an inspection under subsection (2), a
local health department, based on a public health risk assessment,
may conduct an in-office consultation, including food safety
education, and operational review of the proposed temporary food
establishment with the license applicant. The person in charge of
the temporary food establishment must be present during the in-
office consultation. A local health department that conducts an in-
office consultation under this subsection may also conduct an
inspection under subsection (2).
(4) A local health department shall conduct an inspection
under subsection (2) or an in-office consultation under subsection
(3), as applicable, before it makes its recommendation to the
department on the issuance of a license for a food establishment
other than a vending machine location.
(5) A local health department shall forward to the department
its recommendation for license approval or approval with
limitation.
Sec.
3123. (1) A The director
shall perform a compliance
evaluation
of each food service establishment, shall be performed
by
the director other than a
vending machine location, at least
once every 6 months or as required by a statewide department
approved
risk-based schedule. Risk-based schedules shall be
developed
The department shall develop
risk-based schedules in
consultation with local health departments.
(2)
A food service establishment, which other than a vending
machine location, that operates for 9 or fewer months each year
shall be inspected at least once during the period of operation by
the director or as prescribed in the department's risk-based
schedule.
Sec.
4116. (1) Beginning the effective date of the amendatory
act
that added this subsection and notwithstanding Notwithstanding
any other provision of this act, the department shall issue an
initial license not later than 90 days after the applicant files a
completed application and shall issue a renewal license not later
than 120 days after the applicant files a completed application.
Receipt of the application is considered the date the application
is
received by any agency or department of the state of Michigan.
this state. If the application is considered incomplete by the
department, the department shall notify the applicant in writing,
or make the information electronically available, within 30 days
after receipt of the incomplete application, describing the
deficiency and requesting the additional information. The period
regarding license issuance and renewal is tolled upon notification
by the department of a deficiency until the date the requested
information is received by the department. The determination of the
completeness of an application does not operate as an approval of
the application for the license and does not confer eligibility
upon an applicant determined otherwise ineligible for issuance of a
license.
(2) If the department fails to issue or deny a license within
the time required by this section to an establishment that is
otherwise ready to operate and is prevented from operating, the
department shall return the license fee and shall reduce the
license fee for the applicant's next renewal application, if any,
by 15%. The failure to issue a license within the time required
under this section does not allow the department to otherwise delay
the processing of the application, and that application, upon
completion, shall be placed in sequence with other completed
applications received at that same time. The department shall not
discriminate against an applicant in the processing of the
application based upon the fact that the license fee was refunded
or discounted under this subsection.
(3)
Beginning October 1, 2005, the The
director of the
department shall submit a report by December 1 of each year to the
standing committees and appropriations subcommittees of the senate
and house of representatives concerned with agricultural and food
issues. The director shall include all of the following information
in the report concerning the preceding fiscal year:
(a) The number of initial and renewal applications the
department received and completed within the appropriate time
period described in subsection (1).
(b) The number of applications denied.
(c) The number of applicants not issued a license within the
appropriate time period and the amount of money returned to
licensees
and registrants under subsection (2).
(4) As used in this section, "completed application" means an
application complete on its face and submitted with any applicable
licensing fees as well as any other information, records, approval,
security, or similar item required by law or rule from a local unit
of government, a federal agency, or a private entity but not from
another
department or agency of the state of Michigan. this state.
In the case of an initial application, completed application
includes the completion of construction or renovation of any
facility and, except for a vending machine location, the passing of
a satisfactory evaluation.
Sec. 6115. (1) After completion of the construction,
alteration, conversion, or remodeling and before the opening of a
food service establishment, the license applicant or license holder
shall notify the director of the completion, shall submit an
application for a license to operate the food service
establishment, and, except for a vending machine location, shall
arrange for a preopening evaluation.
(2) During the preopening evaluation, the director shall
determine whether the food establishment was constructed, altered,
converted, or remodeled in accordance with the approved plans and
specifications.
(3) Local health departments may specify when requests for
preopening inspections are to be submitted.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.