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Terms Used In Michigan Laws 289.1111

  • Bed and breakfast: means a private residence that offers sleeping accommodations to transient tenants in 14 or fewer rooms for rent, is the innkeeper's residence in which the innkeeper resides while renting the rooms to transient tenants, and serves breakfasts, or other meals in the case of a bed and breakfast described in section 1107(t)(ii), at no extra cost to its transient tenants. See Michigan Laws 289.1105
  • Consumer: means an individual who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processor, and does not offer the food for resale. See Michigan Laws 289.1105
  • Department: means the department of agriculture and rural development. See Michigan Laws 289.1107
  • 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 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
  • Food processor: means a food establishment that processes, manufactures, wholesales, packages, labels, or stores food. See Michigan Laws 289.1107
  • Food service establishment: means a fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, drive-in, industrial feeding establishment, private organization serving the public, rental hall, catering kitchen, delicatessen, theater, commissary, food concession, or similar place in which food or drink is prepared for direct consumption through service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public. See Michigan Laws 289.1107
  • Guide for the control of molluscan shellfish: means section II, model ordinance, national shellfish sanitation program guide for the control of molluscan shellfish, 2009, recommendations of the U. See Michigan Laws 289.1109
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Local health department: means that term as defined in section 1105 of the public health code, MCL 333. See Michigan Laws 289.1109
  • Micro market: means an operation that does all of the following:
    (i) Offers for sale commercially prepackaged foods properly labeled for individual sale as required under section 3-201. See Michigan Laws 289.1109
  • Mobile food establishment: means a food establishment operating from a vehicle, including a watercraft, that returns to a mobile food establishment commissary for servicing and maintenance at least once every 24 hours. See Michigan Laws 289.1109
  • Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 289.1109
  • Retail food establishment: means an operation that sells or offers to sell food directly to a consumer. See Michigan Laws 289.1111
  • Retail grocery: means an operation that sells or offers to sell food to consumers for off-premises consumption. 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
  • 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
  • Temporary food establishment: means a food establishment that operates at a fixed location for a temporary period not to exceed 14 consecutive days. See Michigan Laws 289.1111
  • Trimming: means removing leaves, roots, and other extraneous materials in preparation for grading, sorting, and sale as a whole fruit or vegetable. See Michigan Laws 289.1111
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Vending machine: means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation. See Michigan Laws 289.1111
  • Vending machine location: means the room, enclosure, space, or area in which 1 or more vending machines are installed and operated, or a micro market. See Michigan Laws 289.1111
    •     As used in this act:
        (a) “Raw agricultural commodity” means any food in its raw or natural state including fruits that are washed, colored, or otherwise treated in their unpeeled natural form before marketing.
        (b) “Regulatory authority” means the department, the local health department, or the authorized representative having jurisdiction over the food establishment.
        (c) “Retail food establishment” means an operation that sells or offers to sell food directly to a consumer. Retail food establishment includes both a retail grocery and a food service establishment, but does not include a food processor.
        (d) “Retail grocery” means an operation that sells or offers to sell food to consumers for off-premises consumption. Food for off-premises consumption does not include take-out food intended for immediate consumption.
        (e) “Rules” means administrative rules promulgated under this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
        (f) “Shellfish dealer” means an interstate wholesaler handling shellfish.
        (g) “Shellfish dealer certification” means the issuance of a numbered certificate to a person indicating that the person is in compliance with the requirements of the guide for the control of molluscan shellfish and that the person has permission from the department to conduct 1 or more of the following shellfish activities, as defined in the guide for the control of molluscan shellfish:
        (i) Shellstock shipper.
        (ii) Shucker packer.
        (iii) Repacker or reshipper.
        (h) “Smoked fish rules” means R 285.569.1 to R 285.569.19 of the Michigan Administrative Code.
        (i) “Special transitory food unit” means a temporary food establishment that is licensed to operate throughout the state without the 14-day limits or a mobile food establishment that is not required to return to a commissary.
        (j) “Staple foods” does not include accessory foods such as coffee, tea, cocoa, soda, noncarbonated drinks such as sports drinks, punches, and flavored waters, candy, condiments, spices, hot foods, or foods ready to go or made to take out, such as prepared sandwiches or salads.
        (k) “Sulfiting agents” means any of the following:
        (i) Sulfur dioxide.
        (ii) Sodium sulfite.
        (iii) Sodium bisulfite.
        (iv) Potassium bisulfite.
        (v) Sodium metabisulfite.
        (vi) Potassium metabisulfite.
        (l) “Temporary food establishment” means a food establishment that operates at a fixed location for a temporary period not to exceed 14 consecutive days.
        (m) “Temporary license” means a written authorization issued by the director to operate for a specified limited time period.
        (n) “Transient tenant” means a person who rents a room in a bed and breakfast for fewer than 30 consecutive days.
        (o) “Trimming” means removing leaves, roots, and other extraneous materials in preparation for grading, sorting, and sale as a whole fruit or vegetable. Trimming does not remove the peel or core and does not further cut the whole fruit or vegetable.
        (p) “U.S. standards for shell eggs” means “United States Standards, Grades, and Weight Classes for Shell Eggs”, AMS 56 (July 20, 2000), United States Department of Agriculture.
        (q) “Vending company base location” means a vending machine location or other food establishment required to be separately licensed under section 4105(5).
        (r) “Vending machine” means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation. Vending machine does not include any of the following:
        (i) A device that dispenses only bottled or canned soft drinks; other packaged nonperishable foods or beverages; or bulk ball gum, nuts, and panned candies.
        (ii) A water-dispensing machine that is registered under chapter IV.
        (s) “Vending machine location” means the room, enclosure, space, or area in which 1 or more vending machines are installed and operated, or a micro market.
        (t) “Wholesale” means selling other than directly to consumers.
        (u) “Wild game” means animals from their natural state and not cultivated, domesticated, or tamed.

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