§ 289.2101 Powers and duties of director
§ 289.2105 Seizure or embargo of food without warrant; tag or marking as notice of adulterated or misbranded food; complaint; findings and order of court
§ 289.2107 Adulterated food as nuisance
§ 289.2109 Destruction of seized food
§ 289.2111 Evaluation of food establishment by director; access; securing samples of food; examination of records; photographs or copies of records as evaluation; confidentiality
§ 289.2113 Order to cease food operations; resumption; reevaluation; hearing
§ 289.2115 Disease transmission by employee; investigations
§ 289.2117 Annual report; dissemination of information
§ 289.2119 Rules; evaluation, consultation, and training support to local health departments; review; criteria
§ 289.2121 License limitations; notice; hearing
§ 289.2123 License limitations; reevaluation; removal of limitations and reinstatement of license
§ 289.2124 Access to markets for food; certificate of free sale; application; fees; “certificate of free sale” defined
§ 289.2125 Fees for certain services
§ 289.2127 Manager food safety training; conditions for requiring
§ 289.2129 Certification of managerial employee under program accredited by American National Standards Institute; food safety training containing allergen awareness component; requirements; records documen
§ 289.2131 Definition and standard of identity; rules fixing and establishing
§ 289.2132 Agreements with other states and federal government

Terms Used In Michigan Laws > Chapter 289 > Act 92 of 2000 > Chapter II - Powers and Duties of the Department

  • 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
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Civil infraction: means an act or omission that is prohibited by a law and is not a crime under that law or that is prohibited by an ordinance, as defined in section 8701, and is not a crime under that ordinance, and for which civil sanctions may be ordered. See Michigan Laws 600.113
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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
  • 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
  • Extended retail food establishment: means a retail grocery that does both of the following:
  •     (i) Serves or provides an unpackaged food for immediate consumption. See Michigan Laws 289.1107
  • Fair: means a fair or exhibition operated and managed under 1929 PA 11, MCL 46. See Michigan Laws 289.1107
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • Imminent or substantial hazard: means a condition at a food establishment that the director determines requires immediate action to prevent endangering the health of people. 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.
  • Juror: A person who is on the jury.
  • 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
  • Labeling: means all labels and other written, printed, or graphic matter upon an article, any of its containers or wrappers, or accompanying the article. See Michigan Laws 289.1109
  • License holder: means the person who is legally responsible for the operation of a food establishment including the owner, the owner's agent, or other person operating under apparent authority of the owner and who possesses a valid license to operate a food establishment. See Michigan Laws 289.1109
  • License limitation: means an action by which the director imposes restrictions or conditions, or both, on a license of a food establishment. See Michigan Laws 289.1109
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local health department: means that term as defined in section 1105 of the public health code, MCL 333. 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
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 289.1109
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Priority foundation item: means a provision in the food code whose application supports, facilitates, or enables 1 or more priority items. See Michigan Laws 289.1109
  • Priority item: means a provision in the food code whose application contributes directly to the elimination, prevention, or reduction to an acceptable level of hazards associated with foodborne illness or injury if there is no other provision that more directly controls the hazard. See Michigan Laws 289.1109
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public health code: means 1978 PA 368, MCL 333. See Michigan Laws 289.1109
  • 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
  • Shellfish dealer: means an interstate wholesaler handling shellfish. See Michigan Laws 289.1111
  • 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. 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
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.