Michigan Laws 289.8107 – Definitions; prepackaged perishable food; date; prohibited sales; advertisement of food sold after date; alteration of date prohibited; calculation of date; exceptions
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Terms Used In Michigan Laws 289.8107
- 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
- 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
- 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
- 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
- Nonperishable food: means food that is not perishable food. See Michigan Laws 289.1109
- Perishable food: means any food that the manufacturer, packer, or retailer, in conjunction with the department, determines to have a significant risk of spoilage, loss of value, or loss of palatability within 90 days of the date of packaging. See Michigan Laws 289.1109
- Person: means an individual, sole proprietorship, partnership, corporation, association, or other legal entity. See Michigan Laws 289.1109
- Retail food establishment: means an operation that sells or offers to sell food directly to a consumer. 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
(1) As used in this section:
(a) “Date” means 1 of the following:
(i) For perishable food, the recommended last day of sale.
(ii) For nonperishable food, the recommended last day of sale or consumption, if any.
(b) “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 the package bears a label with 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. A retail food establishment may sell or offer for sale a prepackaged nonperishable food with or without a label that bears a date.
(3) The date for prepackaged perishable food may be displayed with or without explanatory terms. If explanatory terms are used, the 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) A retail food establishment shall not sell or offer for sale any of the following foods under the following circumstances:
(a) After the date, meat that has been removed from a federally inspected retail package.
(b) After the date, nonperishable food or prepackaged perishable food unless the food is wholesome and sound and is clearly identified as having passed the date.
(c) Nonperishable food that is no longer wholesome or sound.
(5) The retail or final seller is responsible for the proper advertisement of food sold after the date.
(6) A person who prepackages nonperishable food and chooses to label the food with a date or 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) If the date is the recommended last day of sale, 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 that each package of such food bears on a label.
(8) The date shall not be altered. A person shall not rewrap or repackage a food, in its original form and texture, with a date on the package different from the original.
(9) If the date is the recommended last day of sale, 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 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.