June 6, 2018, Introduced by Reps. Hammoud, Wittenberg, Zemke, Rabhi, Cochran, Pagan, Liberati, Gay-Dagnogo, Robinson, Greimel, LaGrand, Durhal, Neeley, Phelps, Lasinski, Moss and Jones and referred to the Committee on Agriculture.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 297e and 297f (MCL 750.297e and 750.297f),
section 297f as added by 2002 PA 207.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 297e. (1) As used in this section, "kosher" means
prepared or processed in accordance with orthodox Hebrew religious
requirements sanctioned by a recognized orthodox rabbinical
council.
(2)
A person who, that, with intent to defraud, sells does any
of the following is guilty of a misdemeanor:
(a)
Sells or exposes for sale any meat or
meat preparations,
preparation,
article of food, or
food products, product and falsely
represents
the same it to be kosher, whether such the meat
or meat
preparations,
preparation, article of food, or food products are
product is raw or prepared for human consumption, either by direct
statement
orally, or in writing, which that
might reasonably be
calculated
to deceive or lead a reasonable man person to believe
that
a representation is being made that such the food is kosher.
or
falsely
(b)
Falsely represents any a food
products product or the
contents
of any a package or container to be so constituted and
prepared , as kosher by having or permitting to be inscribed
thereon
on the food product, package,
or container the word
"kosher"
in any language. ; or sells
(c) Sells or exposes for sale in the same place of business
both kosher and nonkosher meat or meat preparations, or both kosher
and nonkosher food or food products, either raw or prepared for
human
consumption, and who fails to indicate on his or her
window
signs and all display advertising, in block letters at least 4
inches in height, "kosher and nonkosher meat sold here" or "kosher
and
nonkosher food sold here". ; or who exposes
(d) Exposes for sale in any show window or place of business
both kosher and nonkosher meat or meat preparations, or kosher and
nonkosher food or food products, either raw or prepared for human
consumption,
and who fails to display over each kind of meat or
meat
preparation so exposed a sign in
block letters at least 4
inches
in height reading that
identifies the meat or meat
preparation as "kosher meat" or "nonkosher meat", or "kosher food"
or
"nonkosher food". , or who displays
(e) Displays on his or her window, door, or in his or her
place
of business, or in handbills a
handbill or other printed
matter
distributed in inside or outside of his or her place of
business, words or letters in Hebraic characters, other than the
word "kosher", or any sign, emblem, insignia, 6-pointed star,
symbol, or similar mark, in
simulation of same, without also
displaying
in conjunction therewith in English letters of at least
the
same size as such those characters, signs, emblems, insignia,
symbols, or marks, the words "we sell kosher meat and food only" or
"we sell nonkosher meat and food only", or "we sell both kosher and
nonkosher
meat and food". is guilty of a misdemeanor.
(3)
Possession of nonkosher meat and or food , in any place of
business
advertising the sale of kosher meat and or food only , is
presumptive
evidence that the person in possession exposes the same
nonkosher
meat or food for sale with intent to
defraud. , in
violation
of the provisions of this section.
(4) (3)
A person who, that, with
intent to defraud, sells does
any of the following in a hotel, restaurant, or other place where
food products are sold for consumption on or off the premises, is
guilty of a misdemeanor:
(a)
Sells or exposes for sale in any
hotel, restaurant or
other
place where food products are sold for consumption on or off
the
premises, any meat or meat preparations,
preparation, article
of
food, or food products, product, and
falsely represents the same
it
to be kosher, whether such the meat
or meat preparations,
preparation,
article of food, or
food products be product is
raw or
prepared for human consumption, either by direct statement orally,
or
in writing, which that might reasonably be calculated to deceive
or
lead a reasonable man person
to believe that a representation is
being
made that such food is kosher. or falsely
(b)
Falsely represents any a food
product or the contents of
any
a package or container to be so constituted and
prepared , as
kosher
by having or permitting to be inscribed
thereon on the food
product,
package, or container the word
"kosher" in any language.
;
or
sells
(c) Sells or exposes for sale in the same place of business
both kosher and nonkosher meat or meat preparations, or both kosher
and nonkosher food or food products, either raw or prepared for
human
consumption, and who fails to indicate on his or her
window
signs and all display advertising, in block letters at least 4
inches
in height, "kosher and nonkosher food sold here". ,
or who
exposes
(d) Exposes for sale in any show window or place of business
both kosher and nonkosher food or food products, either raw or
prepared
for human consumption, and who fails to display over each
kind
of food or food preparation so exposed a sign in block letters
at
least 4 inches in height reading identifying the food or food
preparation
as "kosher food" or
"nonkosher food". , or who displays
(e) Displays on his or her window, door, or in his or her
place
of business, or in handbills a
handbill or other printed
matter
distributed in inside or outside of his or her place of
business, words or letters in Hebraic characters, other than the
word "kosher", or any sign, emblem, insignia, 6-pointed star,
symbol, or similar mark, in
simulation of same, without also
displaying
in conjunction therewith in English letters of at least
the
same size as such those characters, signs, emblems, insignia,
symbols, or marks, the words "we sell kosher food only" or "we sell
nonkosher food only", or "we sell both kosher and nonkosher food".
,
is guilty of a misdemeanor.
(5)
Possession of nonkosher food , in any place of business
advertising
the sale of kosher food only , is
presumptive evidence
that
the person in possession exposes the same nonkosher food for
sale
with intent to defraud. , in violation of the provisions of
this
section.
(6) (4)
No person shall: A person that
does any of the
following is guilty of a misdemeanor:
(a)
Wilfully mark, stamp, tag, brand, label Willfully marks,
stamps, tags, brands, labels, or in any other way or by any other
means
of identification represent represents
as kosher, or cause
causes to be marked, stamped, tagged, branded, labeled, or
represented as kosher, food or food products that are not kosher or
not so prepared.
(b)
Wilfully remove, deface, obliterate, cover, alter or
destroy,
or cause Willfully removes,
defaces, obliterates, covers,
alters, or destroys, or causes to be removed, defaced, obliterated,
covered, altered, or destroyed, the original slaughterhouse plumba
or
any other mark, stamp, tag, brand, label, or any other means
of
identification
affixed to foods a food or food products product to
indicate
that such foods the food or food products are product is
kosher.
(c)
Knowingly sell, dispose of or have sells, disposes of, or
has in his or her possession, for the purpose of resale to any
person
as kosher, any either of the
following:
(i) A food
or food products not having product
to which the
person
has not affixed thereto the
original slaughterhouse plumba
or any other mark, stamp, tag, brand, label, or other means of
identification
employed to indicate that such the
food or food
products
are product is kosher. or any
(ii) A food
or food products product to which such a
slaughterhouse plumba, mark, stamp, tag, brand, label, or other
means
of identification has or have been fraudulently affixed.
(d) Knowingly prepares, distributes, sells, or exposes for
sale any meat, meat preparation, article of food, or food product
represented to be kosher that does not conform to a disclosure
posted by that person in his or her place of business that
describes the basis upon which that representation is made. A
person does not violate this subdivision if it is shown by a
preponderance of the evidence that the person relied in good faith
upon the representations of a slaughterhouse, manufacturer,
processor, packer, or distributor of the meat, meat preparation,
article of food, or food product represented to be kosher.
(7) (5)
The department of agriculture and rural development
shall investigate, inspect and supervise the sale of meat and meat
preparations
and enforce the provisions of this act. section. The
department
may of agriculture and
rural development shall
promulgate rules and regulations for the enforcement and
administration
of this act in accordance with the provisions of Act
No.
88 of the Public Acts of 1943, as amended, being sections 24.71
to
24.80 of the Compiled Laws of 1948, and subject to Act No. 197
of
the Public Acts of 1952, as amended, being sections 24.101 to
24.110
of the Compiled Laws of 1948.section
under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(6)
Any person who violates the provisions of this section is
guilty
of a misdemeanor.
Sec. 297f. (1) As used in this section, "halal" means prepared
or processed in accordance with Islamic religious requirements.
(2)
A person who, that, with intent to defraud, does any of
the following is guilty of a misdemeanor:
(a) Sells or exposes for sale in any place where food products
are
sold for consummation consumption
on or off the premises any
meat, meat preparation, article of food, or food product, and
falsely represents it to be halal, whether the meat, or meat
preparation, article of food, or food product is raw or prepared
for human consumption, either by direct statement orally, or in
writing,
which that is reasonably calculated to deceive or lead a
reasonable person to believe that a representation is being made
that
that the food is halal.
(b)
Falsely represents any a food product or the contents of
any
a package or container to be so constituted and
prepared , as
halal by having or permitting to be inscribed on the food product,
package, or container the word "halal" in English.
(c) Exposes for sale in any show window or place of business
both halal and nonhalal meat or meat preparations, or halal and
nonhalal food or food products, either raw or prepared for human
consumption,
and who fails to identify each kind of meat or meat
preparation as "halal meat" or "halal food".
(d) Displays on his or her window, door, or in his or her
place
of business, or in handbills a
handbill or other printed
matter distributed inside or outside of his or her place of
business, words or letters in Arabic characters, other than the
word "halal", or any sign, emblem, insignia, symbol, or similar
mark, in
simulation of same, without also displaying in English
letters
of at least the same size as such those characters, signs,
emblems, insignia, symbols, or marks, the words "we sell halal meat
and food only" or "we sell nonhalal meat and food only", or "we
sell both halal and nonhalal meat and food".
(3)
Possession of nonhalal meat or food , in any
place of
business
advertising the sale of halal food only
, is presumptive
evidence that the person in possession exposes the nonhalal meat
and
or food for sale with intent to defraud.
(4)
A person who that does any of the following is guilty of a
misdemeanor:
(a) Willfully marks, stamps, tags, brands, labels, or in any
other way or by any other means of identification represents as
halal, or causes to be marked, stamped, tagged, branded, labeled,
or represented as halal, food or food products that are not halal
or not so prepared.
(b) Willfully removes, defaces, obliterates, covers, alters,
or destroys, or causes to be removed, defaced, obliterated,
covered, altered, or destroyed the original slaughterhouse plumba
or
any other mark, stamp, tag, brand, label, or any other means of
identification
affixed to foods a food or food products product to
indicate
that those foods the food or food products are product is
halal.
(c) Knowingly sells, disposes of, or has in his or her
possession,
for the purpose of resale to any person as halal, any
either of the following:
(i) A food
or food products not having product
to which the
person
has not affixed to the food or food
product the original
slaughterhouse plumba or any other mark, stamp, tag, brand, label,
or
other means of identification employed to indicate that that the
food
or food product is halal. or any
(ii) A food
or food products product to which such a
slaughterhouse plumba, mark, stamp, tag, brand, label, or other
means of identification has been fraudulently affixed.
(d) Knowingly prepares, distributes, sells, or exposes for
sale any meat, meat preparation, article of food, or food product
represented to be halal that does not conform to a disclosure
posted by that person in his or her place of business that
describes the basis upon which that representation is made. A
person does not violate this subdivision if it is shown by a
preponderance of the evidence that the person relied in good faith
upon the representations of a slaughterhouse, manufacturer,
processor, packer, or distributor of the meat, meat preparation,
article of food, or food product represented to be halal.
(5) The department of agriculture and rural development shall
investigate and inspect the sale of halal food products and shall
enforce
this act. section. The department of agriculture may and
rural development shall promulgate rules for the enforcement and
administration of this section under the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.