Prohibited acts

Act 70 of 1994, § 3, under FOOD ACT.

Act 70 of 1994, § 3

Section 3. Prohibited acts.

The following acts are prohibited:

(1) Manufacture, sale, delivery, consignment, bailment,

holding or offering for sale of any food that is adulterated

or misbranded, except where a person in good faith delivers

or offers to deliver the food and furnishes shipping

documents to the secretary.

(2) Adulteration or misbranding of any food.

(3) Knowingly receiving in commerce any food which is

adulterated or misbranded and the delivery or proffered

delivery thereof for pay or otherwise.

(4) Sale, delivery for sale, holding for sale or

offering for sale any article in violation of section 11.

(5) Refusal to permit during normal business hours entry

to, inspection of or taking of a sample or access to or

copying of any record at a food establishment as authorized

under section 12(a)(2) and (3).

(6) Removal or disposal of a detained or embargoed food

article in violation of section 6.

(7) Alteration, mutilation, destruction, obliteration or

removal of the whole or any part of the labeling of a food or

the doing of any other act with respect to a food, if the act

is done while the food is held for sale and results in the

food being adulterated or misbranded.

(8) Forging, counterfeiting, simulating, falsely

representing or using without proper authority any mark,

stamp, tag, label or other identification device authorized

or required by regulation promulgated under the provisions of

this act.

(9) Use by any person to his own advantage or revealing,

other than to the secretary or the courts when relevant in

any judicial proceeding under this act, of any information

acquired under authority of this act concerning any method or

process which, as a trade secret or confidential trade

information, is entitled to protection.

(10) Holding of any potentially hazardous food at unsafe

temperatures in violation of an applicable regulation issued

under this act.

(11) Failure to register with the department under the

provisions of section 14.

(12) Use of wording which incorrectly indicates or

implies that a label or product has received approval of the

department. A food establishment may not claim registration

either upon its label or package or otherwise, except as

provided in section 15.

(13) Sale of confectionery containing alcohol at a level

above one-half of one percent by volume.

(14) Failure by a carrier to make records showing the

movement in commerce of any food or the holding thereof

during or after the movement and the quantity, shipper and

consignee thereof available for one year after the initial

date of movement of the food in commerce.