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Terms Used In Michigan Laws 289.5101

  • Adulterated: means food to which any of the following apply:
    (i) It bears or contains any poisonous or deleterious substance that may render it injurious to health unless the substance is not an added substance and the quantity of that substance in the food does not ordinarily render it injurious to health. See Michigan Laws 289.1105
  • Advertisement: means a representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of food. See Michigan Laws 289.1105
  • Director: means the director of the department or his or her designee. See Michigan Laws 289.1107
  • Evaluation: means a food safety audit, inspection, or food safety and sanitation assessment, whether announced or unannounced, that identifies violations or verifies compliance with this act and determines the degree of active control by food establishment operators over foodborne illness risk factors. See Michigan Laws 289.1107
  • Federal act: means the federal food, drug, and cosmetic act, chapter 675, 52 Stat. See Michigan Laws 289.1107
  • Food: means articles used for food or drink for humans or other animals, chewing gum, and articles used for components of any such article. See Michigan Laws 289.1107
  • Food establishment: means an operation where food is processed, packed, canned, preserved, frozen, fabricated, stored, prepared, served, vended, sold, or offered for sale. See Michigan Laws 289.1107
  • Label: means a display of written, printed, or graphic matter on the immediate container of any article and includes a requirement imposed under this act that any word, statement, or other information appearing on the display also appear on the outside container or wrapper of the retail package of the article or be easily legible through the outside container or wrapper. See Michigan Laws 289.1109
  • Michigan bridge card: means the card used for the electronic benefit transfer system for food stamp distribution required under section 14h of the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 289.1109
  • Misbranded: means food to which any of the following apply:
  •     (i) Its labeling is false or misleading in any particular. See Michigan Laws 289.1109
  • Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 289.1109
  • Rules: means administrative rules promulgated under this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 289.1111
  • seal: shall be construed to include any of the following:
  •     (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • Shellfish dealer: means an interstate wholesaler handling shellfish. See Michigan Laws 289.1111
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  •     (1) A person shall not do or cause to be done any of the following:
        (a) Manufacture, sell, deliver, hold, or offer for sale adulterated or misbranded food.
        (b) Adulterate or misbrand food.
        (c) Receive in commerce food that is adulterated or misbranded and deliver or proffer the delivery of that food for pay or otherwise.
        (d) Sell, deliver for sale, hold for sale, or offer for sale food unless that person holds a license issued under chapter IV.
        (e) Disseminate a false advertisement concerning food or a food establishment.
        (f) Refuse to permit entry or evaluation, or to permit the taking of a sample, as authorized by section 2111.
        (g) Give a false guaranty or undertaking concerning food, unless in good-faith reliance on a guaranty or undertaking to the same effect signed by and containing the name and address of the person from whom the food was received.
        (h) Remove or dispose of seized or embargoed food in violation of section 2105.
        (i) Alter, mutilate, destroy, obliterate, or remove all or part of the label or do any other act with respect to a food while the food is held for sale resulting in the food being adulterated or misbranded.
        (j) Forge, counterfeit, simulate, or falsely represent, or without proper authority use any mark, stamp, tag, label, or other identification device authorized or required by this act or rules.
        (k) Permit filthy or unsanitary conditions to exist in a food establishment in which food intended for human consumption is manufactured, received, kept, stored, served, sold, or offered for sale.
        (l) Falsely identify a country, state, or other place of origin of food on a label, tag, or other document with intent to deceive or defraud.
        (m) Fail to establish or maintain any record or make any report required under this act or the federal act, or refuse to permit access to or verification or copying of any such required record.
        (n) Interfere with the director in the conduct of his or her responsibilities under this act.
        (o) Make a false statement, representation, or certification in any application, report, plan, or other document that is required to be maintained under this act or rules.
        (p) Remove a tag, seal, or mark placed by the director.
        (q) Operate without a license, registration, permit, or endorsement.
        (r) Violate a provision of this act or a rule.
        (s) Operate as a shellfish dealer without a shellfish dealer certificate.
        (t) If the person is a food establishment, permit Michigan bridge card access to food assistance program benefits unless the food establishment’s inventory records match redemption files for Michigan bridge card usage for food assistance program benefits and 1 or more of the following apply:
        (i) The food for sale includes, on a continuous basis, at least 3 varieties of foods in each of the following 4 staple food groups and perishable foods in at least 2 of the groups:
        (A) Meat, poultry, or fish.
        (B) Bread or cereal.
        (C) Vegetables or fruits.
        (D) Dairy products.
        (ii) At least 50% of the total dollar amount of all retail sales, including food and nonfood items, fuel, and services at the food establishment is from the sale of food in any of the 4 staple food groups.
        (2) Each day a violation of this section occurs is a separate violation of this section.