Title 289, PURE FOODS AND STANDARDS

Sec. 7105. All processors of seafood shall comply with regulations of the U.S. food and drug administration in 21 CFR part 123. The requirement that a processor of smoked fish comply with the smoked fish rules is waived if the processor demonstrates compliance with the federal re…

Sec. 7106. (1) All processors of juice shall comply with the regulations of the U.S. food and drug administration in 21 CFR part 120. (2) An establishment that presses apple cider shall have at least 1 active employee currently certified under a program described in section 2129 …

Sec. 7107. (1) Bottled water shall be obtained from a water supply approved by the department of environmental quality and in compliance with the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023. (2) A copy of the current sanitary survey report from the department o…

Sec. 7109. A person shall not operate a bottled water plant or bottle water for the purpose of sale or distribution in this state without first demonstrating to the department that the source, bottling facility, treatment and bottling practices comply with 21 C.F.R. part 129, and…

Sec. 7111. Packaged food shall comply with standard of identity requirements in 21 C.F.R. parts 131 to 169 and the definitions and standards of identity or composition contained in 9 C.F.R. part 319, and the general requirements in 21 C.F.R. part 130 and subpart A of part 319 of …

Sec. 7112. (1) 21 CFR parts 1, 70, 73, 74, 81, 82, and 100 to 199, as set forth on the effective date of the amendatory act that amended this section, are adopted by reference, except to the extent that provisions of this act and rules promulgated under this act specify different…

Sec. 7113. As used in this chapter: (a) "Added fat" means the addition of fat tissue originating from portions consisting of less than 12% muscle tissue in each portion. (b) "Added water" means greater moisture content than normally found in meat and, except for poultry, is deter…

Sec. 7114. (1) U.S. standards for shell eggs are adopted by reference. (2) Eggs described by United States department of agriculture as black rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, stuck yolks, blood rings or embryos beyond blood ring stage…

Sec. 7115. (1) Sausage consists only of skeletal meat either fresh, cured, salted, pickled, or smoked. Poultry sausage may contain accompanying skin in natural proportions. (2) Sausage may contain the following: (a) Salt or spice, cure agents such as sodium or potassium nitrate o…

Sec. 7117. Hamburger or ground beef consists of fresh beef meat that has been comminuted and shall be identified as either hamburger or ground beef. Hamburger shall not contain more than 30% of fat. Ground beef shall meet the same requirements as hamburger except that it shall no…

Sec. 7119. Other comminuted meat food products, including nonspecific loaves and liver products, headcheese, blood sausage, kishka, tongue sausage, chili con carne with beans, or any other meat food products that may be allowed, shall be produced in compliance with applicable reg…

Sec. 7121. Chili or chili con carne shall consist of not less than 40% of meat computed on the weight of the fresh meat and shall not contain by-products and variety meats except that head meat, cheek meat, and heart meat, exclusive of the heart cap, may be used to the extent of …

Sec. 7123. Meat loaf consists of comminuted meat, processed in the form of a loaf, containing not less than 65% meat. Meat loaf mix consists of meat loaf sold in bulk uncooked form. Meat loaf may contain salt, seasoning, sodium or potassium nitrate, ascorbic acid, or the salts th…

Sec. 7125. Ground lamb, chicken, turkey, and veal shall not contain any added water or ice, artificial flavoring, by-products or variety meats, binders, extenders, artificial color, vegetable coloring, or chemical preservatives. No other parts of the animal or any other substance…

Sec. 7127. "Meat pattie" is a product prepared in pattie form. "Meat pattie mix" is a product sold in bulk uncooked form. Meat patties and meat pattie mix are a mixture of fresh comminuted meat with or without the addition of fat and seasonings and containing not less than 65% me…

Sec. 7129. (1) If a food is subject to a standard established under this chapter, it shall be identified by the name required by that standard. If no standard applies, the product shall be identified by its common or usual name. If no common or usual name exists, the product shal…

Sec. 7131. A person shall not sell or offer for sale a product that is not manufactured to the ingredient standards of this act unless the federal government legally preempts Michigan's ingredient standards. In that case, federally inspected meats not meeting the ingredient requi…

Sec. 7133. (1) All products manufactured under terms of this chapter may be sold in colored artificial casings or containers only if the products are in complete compliance with all applicable regulations of the United States department of agriculture. These products shall not be…

Sec. 7135. (1) Temporary permits granted for interstate shipment of experimental packs of food varying from the requirements of federal definitions and standards of identity are automatically effective in this state under the conditions provided in such permits. (2) The departmen…

Sec. 7137. Food shall not contain unapproved food additives or additives that exceed amounts specified in 21 CFR parts 170 to 180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR parts 181 to 186, subs…

Sec. 8101. Packaged food shall be labeled as specified in 21 C.F.R. part 101, 9 C.F.R. part 317, and subpart N of part 381 of title 9 of the Code of Federal Regulations, and as specified under sections 3-202.17 and 3-202.18 of the food code.

Sec. 8103. (1) All bulk displays of unpackaged food and drink offered for sale at a retail food establishment, including salad bars, which contain a detectable amount of sulfiting agents shall be prominently placarded with a sign which is clearly visible to the customer and which…

Sec. 8105. (1) A person shall not do any of the following: (a) Make, publish, disseminate, circulate, or place before the public any advertisement containing any assertion, representation, or statement which is untrue, deceptive, or misleading or falsely represents the kind, clas…

Sec. 8107. (1) As used in this section: (a) "Date" means 1 of the following: (i) For perishable food, the recommended last day of sale. (ii) For nonperishable food, the recommended last day of sale or consumption, if any. (b) "Prepackaged" means packaged prior to being displayed …

Sec. 8109. All products that are sold or otherwise distributed from a manufacturing, processing, packing, or repacking activity shall be marked with a meaningful, visible, and legible code to enable positive lot identification and to facilitate, where necessary, the segregation o…

Sec. 8111. (1) A person shall not manufacture for sale, offer or expose for sale, sell or deliver, or have in his or her possession with intent to sell or deliver, any vinegar not in compliance with the provisions of this chapter. (2) The word "vinegar" as used in this section is…

Sec. 5. The commissioner shall appoint a suitable and competent person as state analyst, who shall be a practical analytical chemist. The commissioner may appoint an assistant chemist and such inspectors as shall be necessary to carry out the provisions of this act. Before enteri…

Sec. 6. It shall be the duty of the dairy and food commissioner to carefully inquire into the dairy and food and drink products and the several articles which are foods or drinks, or the necessary constituents of foods or drinks, which are manufactured or sold or exposed or offer…

Sec. 7. (1) The commissioner, his or her deputy, or any person by the commissioner duly appointed for that purpose, is authorized at all times to seize and take possession of any and all food and dairy products, substitutes therefor, or imitation thereof kept for sale, exposed fo…

Sec. 8. It shall be unlawful for the state analyst, while he holds his office, to furnish to any individual, firm or corporation, any certificate as to the purity or excellence of any article manufactured or sold by them to be used as food or in the preparation of food.

Sec. 9. The commissioner shall make an annual report to the governor on or before the first day of July in each year, and which shall be printed and published on or before the first day of September next thereafter, which report shall cover the doings of his office for the preced…

Sec. 10. Any person who shall willfully hinder or obstruct the dairy and food commissioner, or his deputy, or other person or inspector by him duly authorized, in the exercise of the powers conferred upon him by this act, shall be deemed guilty of a misdemeanor, and on conviction…

Sec. 13. It shall also be the duty of the dairy and food commissioner to foster and encourage the dairy industry of the state, and, for that purpose, he shall investigate the general conditions of the creameries, cheese factories, condensed milk factories, skimming stations, milk…

Sec. 14. Whenever it is determined by the dairy and food commissioner, his deputy or inspectors, that any person is using, selling or furnishing to any skimming station, creamery, cheese factory, condensed milk factory, milk depot, farm dairy, milk dealer, the retail trade or to …

Sec. 15. Whenever it is determined by the dairy and food commissioner, his deputy or inspectors, that unsanitary conditions exist or are permitted to exist in the operation of any skimming station, creamery, cheese factory, condensed milk factory, milk depot, or farm dairy, the p…

Sec. 19. The published annual report of the dairy and food commissioner which shall be made to the governor, shall include a complete accounting of all moneys received by the department from every source, and the amount expended by the department.

Sec. 1. A person shall not sell, offer or display for sale, or possess with intent to sell maple syrup in retail packages unless that syrup conforms to the United States standards for table maple sirup prescribed in 7 C.F.R. 52.5961 to 52.5967.

Sec. 2. (1) The department of agriculture shall enforce this act in the same manner as the Michigan food law of 1968, Act No. 39 of the Public Acts of 1968, being sections 289.701 to 289.727 of the Michigan Compiled Laws. (2) The department of agriculture may provide for the issu…

Sec. 3. A person who violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, a fine of not more than $100.00, or both.

Sec. 4. In addition to the penalties otherwise provided in this act, the department of agriculture may apply to circuit court for injunctive relief restraining any person from violating this act, irrespective of whether an adequate remedy at law exists.

Sec. 1. This act shall be known and may be cited as the "Michigan agricultural processing act".

Sec. 2. As used in this act: (a) "Dairy product" means all of the following: (i) Dairy product as that term is defined in section 12 of the manufacturing milk law of 2001, 2001 PA 267, MCL 288.572. (ii) Milk product as that term is defined in section 4 of the grade A milk law of …

Sec. 3. (1) A processing operation shall not be found to be a public or private nuisance if the processing operation alleged to be a nuisance conforms to generally accepted fruit, vegetable, dairy product, meat, and grain processing practices as determined by the Michigan commiss…

Sec. 4. (1) The Michigan commission of agriculture shall request the director of the Michigan department of agriculture or his or her designee to investigate all nuisance complaints under this act involving a processing operation. If a person is granted a determination by the dir…

Sec. 5. (1) This act does not affect the application of state statutes and federal statutes. (2) For purposes of this section, "state statutes" includes, but is not limited to, any of the following: (a) The county zoning act, 1943 PA 183, MCL 125.201 to 125.240. (b) The township …

Sec. 1. No person, firm or corporation shall manufacture for sale, or expose for sale, sell, exchange or deliver or have in his possession with intent to sell, exchange or deliver, any ground or whole black pepper which contains not less than 6-75/100 per cent of non-volatile eth…