Michigan Laws 289.8105 – Prohibited acts
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 289.8105
- Advertisement: means a representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of food. See Michigan Laws 289.1105
- 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
- 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
- Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 289.1109
(1) A person shall not do any of the following:
(a) Make, publish, disseminate, circulate, or place before the public any advertisement containing any assertion, representation, or statement which is untrue, deceptive, or misleading or falsely represents the kind, classification, grade, or quality of meat.
(b) Use any term of quality without using or having for sale the quality of meat advertised or offered for sale.
(c) Designate or use any brand name of a company unless the meat so advertised or displayed for sale is of a quality which the use or designation of the brand name of such company would reasonably indicate.
(2) A person shall not advertise or display for sale any of the following:
(a) Any meat of the ovine species that is 2 years old or over as “yearling” or “lamb”. Such meat shall be clearly designated “mutton”.
(b) Any meat described by the use of words associated with grading terminology unless such meat advertised for sale actually bears the “USDA” federal stamp designating such grade or is of equal quality as the federal grade would designate.
(c) Any ham unless the advertisement or display states whether the ham is whole, bone-in, semi-boneless, or boneless.
(d) Any ham portion described by the use of the words “one-half” or “half ham” that has had a center slice removed.
(e) Any pork shoulder described as “ham”.
(f) Any meat or meat product which has been branded or marked as imitation by a manufacturer or processor unless the advertisement or display clearly states that such meat or meat product is an imitation.
(3) A person shall not substitute in any sale any inferior or cheaper cut of meat without informing the purchaser that such substitution is being made.
(4) A person shall not keep or display any canned meats or canned meat products at a temperature exceeding 6° centigrade (41° Fahrenheit) if the label of such meats or meat products specifies that they shall be kept under refrigeration.
(5) Whenever it becomes necessary for the purposes of this act to procure a sample or samples of meat or meat products, the person in charge of the place where evaluation is made must permit the sample or samples to be obtained upon being tendered the advertised or offered price of the item being procured.