Terms Used In Michigan Laws 289.2124

  • Department: means the department of agriculture and rural development. 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
  • 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) To facilitate continued access to markets for food, the department may do 1 or both of the following:
  (a) At the request of a food processor or based upon records voluntarily supplied by a food processor, inspect, audit, or certify a food establishment where food is processed or manufactured in this state.
  (b) Issue certificates of free sale under subsection (3).
  (2) A food processor shall submit an application for a certificate of free sale on a form and in a manner prescribed by the department.
  (3) The department shall grant or deny an application for a certificate of free sale within 10 business days after the department receives a completed application under subsection (2) and the application fee under subsection (4). If the department determines that the application meets the requirements of this act and the rules promulgated under this act, the department shall issue a certificate of free sale. If the department determines that the application does not meet the requirements of this act or the rules promulgated under this act, the department shall deny the application and send a written notice to the food processor stating the reasons for the denial.
  (4) A food processor shall pay the department the following fees, as applicable:
  (a) An application fee, $60.00.
  (b) A duplicate copy of a certificate of free sale, $10.00.
  (5) A fee collected under subsection (4) must be deposited in the dairy and food safety fund created in section 4117.
  (6) A certificate of free sale issued under this section is valid for 1 year.
  (7) As used in this section, “certificate of free sale” means a document that is issued by the department that verifies that the food listed is processed or manufactured in this state and is legally sold or distributed in this state and on the open market with the approval of the department.