Section 289.1111 - Definitions; R to W.
FOOD LAW OF 2000 (EXCERPT)
Act 92 of 2000
289.1111 Definitions; R to W.
Sec. 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 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 processing plant.
(d) “Retail grocery” means an operation that sells or offers to sell food to the consumers for off-premises consumption. 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) “Smoked fish rules” means regulation no. 285.569 of the Michigan administrative code, promulgated under former 1968 PA 39.
(g) “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.
(h) “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.
(i) “Temporary food establishment” means a food establishment which operates at a fixed location for a temporary period not to exceed 14 consecutive days.
(j) “Temporary license” means a written authorization issued by the director to operate for a specified limited time period.
(k) “Transient tenant” means a person who rents a room in a bed and breakfast for fewer than 30 consecutive days.
(l) “Vending machine” means a self-service device offered for public use that, upon activation by a coin, token, card, key, or paper currency, dispenses unit servings of food or beverages 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.
(m) “Vending machine location” means the room, enclosure, space, or area in which 1 or more vending machines are installed and operated.
(n) “Wholesale” means selling to retailers or jobbers rather than directly to consumers.
(o) “Wholesale food processor” means an operation that processes, manufactures, packages, or labels food for wholesaling.
(p) “Wild game” means animals from their natural state and not cultivated, domesticated, or tamed.
History: 2000, Act 92, Eff. Nov. 8, 2000
Compiler's Notes: Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”