Michigan Laws 289.6101 – Incorporation by reference; changes or updates by rule; annexes
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Terms Used In Michigan Laws 289.6101
- Director: means the director of the department or his or her designee. 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 code: means "Food Code, 2009 Recommendations of the United States Public Health Service Food and Drug Administration" which regulates the design, construction, management, and operation of certain food establishments. See Michigan Laws 289.1107
- Regulatory authority: means the department, the local health department, or the authorized representative having jurisdiction over the food establishment. See Michigan Laws 289.1111
- 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
(1) Chapters 1 through 8 of the food code are incorporated by reference except as amended and modified as follows:
(a) Where provisions of this act and rules specify different requirements.
(b) Section 3-401.14 is modified to read as follows:
“3-401.14 Non-Continuous Cooking of Raw Animal Foods.
Raw animal foods that are cooked using a non-continuous cooking process shall be:
(A) Subject to an initial heating process that is no longer than 60 minutes in duration;P
(B) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) under paragraph 3-501.14(A);P
(C) After cooling, held frozen or cold, as specified for potentially hazardous food (time/temperature control for safety food) under paragraph 3-501.16(A)(2);P
(D) Prior to sale or service, cooked using a process that heats all parts of the food to a time/temperature specified in paragraph 3-401.11(A);P
(E) Cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) under paragraph 3-501.14(A) if not either hot held as specified under paragraph 3-501.16(A), served immediately, or held using time as a public health control as specified under section 3-501.19 after complete cooking;P and
(F) Stored as follows:
(1) After initial heating but prior to cooking as specified under paragraph (D) of this section, separate from ready-to-eat foods as specified under paragraph 3-302.11;Pf and
(2) After initial heating, but prior to complete cooking, marked or otherwise identified as foods that must be cooked as specified under paragraph (D) of this section prior to being offered for sale or service.Pf The food may be identified in any effective manner provided that the marking system is disclosed to the regulatory authority upon request.”.
(c) Section 2-103.11(L) is modified to read as follows:
“Employees are properly trained in food safety as it relates to their assigned duties;Pf and”.
(2) The director, by rule, may adopt any changes or updates to the food code.
(3) The annexes of the food code are considered persuasive authority for interpretation of the food code.