Terms Used In Michigan Laws 289.3115

  • 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 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
  • Inspection: means the checking or testing of observable practices against standards established in or adopted by this act, accompanied by a report of findings. See Michigan Laws 289.1109
  • Local health department: means that term as defined in section 1105 of the public health code, MCL 333. See Michigan Laws 289.1109
  • Low-risk food: means any of the following:
  (i) Raw or prepackaged food that is not potentially hazardous food (time/temperature control for safety food). See Michigan Laws 289.1109
  • Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 289.1109
  • 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
    •   (1) A local health department shall promptly review a license application for a food service establishment to determine if the application is complete and accurate. A local health department may return an incomplete or inaccurate application to a license applicant and request any additional information it considers necessary to ensure completeness or accuracy of the application.
      (2) Subject to subsection (3), after a local health department determines that an application under subsection (1) is proper, complete, and accurate, it shall inspect the proposed or existing food service establishment to determine compliance with this act.
      (3) If a temporary food establishment will serve only low-risk food, instead of conducting an inspection under subsection (2), a local health department, based on a public health risk assessment, may conduct an in-office consultation, including food safety education, and operational review of the proposed temporary food establishment with the license applicant. The person in charge of the temporary food establishment must be present during the in-office consultation. A local health department that conducts an in-office consultation under this subsection may also conduct an inspection under subsection (2).
      (4) A local health department shall conduct an inspection under subsection (2) or an in-office consultation under subsection (3), as applicable, before it makes its recommendation to the department on the issuance of a license.
      (5) A local health department shall forward to the department its recommendation for license approval or approval with limitation.

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