Section 289.8107 - Definitions; prepackaged perishable food; date.
FOOD LAW OF 2000 (EXCERPT)
Act 92 of 2000
289.8107 Definitions; prepackaged perishable food; date.
Sec. 8107.
(1) As used in this section:
(a) "Date" means the recommended last day of sale.
(b) "Perishable food" means any food in package form which the manufacturer, packer, or retailer, in conjunction with the department, determines as having a significant risk of spoilage, loss of value, or loss of palatability within 90 days of the date of packaging.
(c) "Prepackaged" means packaged prior to being displayed or offered for sale.
(2) A retail food establishment shall not sell or offer for sale a prepackaged perishable food unless there is clearly and conspicuously stamped upon or attached to the package a date identified by month and day except that bakery products with a shelf life of 7 days or less may be dated with a day of the week or an abbreviation.
(3) The date may be displayed with or without explanatory terms. If explanatory terms are used, such terms shall be limited to 1 of the following: "Sell by _____", "Sell before _____", "Last date of sale _____", "Recommended last date of sale _____", or "Recommended sale date _____". Other meaningful terms may be used if specifically approved by the department.
(4) Except for meat that has been removed from federally inspected retail packages, this section does not prohibit the sale of food after the date if the product is wholesome and sound and is clearly identified as having passed the date.
(5) The retail or final seller is responsible for the proper advertisement of perishable food sold after the date.
(6) A person who prepackages perishable food shall do all of the following:
(a) Establish a meaningful date that takes into consideration the food quality and characteristics of the food, its packaging, and customary conditions encountered in commercial channels.
(b) Allow a reasonable period after the date for consumption of the food without physical spoilage.
(c) Keep a record of the method of determination of the date.
(7) A retailer who purchases prepackaged perishable food may, upon written agreement with the person prepackaging such food, determine, identify, and be responsible for the date placed on, or attached to, each package of such food.
(8) The date shall not be altered. A person shall not rewrap or repackage a perishable food, in its original form and texture, with a date on the package different from the original.
(9) The date shall be calculated to allow a reasonable period for the subsequent consumption of the food, but shall not allow for a period which would result in a health nuisance as described in section 2107.
(10) This section does not apply to fresh fruits and vegetables, canned food, and frozen food and does not apply to milk and milk products dated in accordance with the grade A milk law of 2001, 2001 PA 266, MCL 288.471 to 288.540.
(11) The requirements of this section do not apply to any of the following:
(a) An individually packaged food item that is a component of a larger food item if the larger food item is identified with a date the same as or earlier than the date of that component.
(b) Perishable foods packaged under, and in compliance with, federal laws and regulations, if providing information equal to or greater than the information required by this section.
(c) Smoked fish under the smoked fish rules.
History: 2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 114, Eff. Apr. 1, 2008
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.”