Summary — HB 6130 (Substitute H-1): Food Law — updates to definitions and incorporation of updated federal Food Code
Sponsor: Rep. Veronica Paiz
Subject: Food: retail establishments; food service establishments
Amends: 2000 PA 92 — sections 1107, 1109, 2129, 6101, and 7129 (MCL 289.1107, .1109, .2129, .6101, .7129)
Status (selected actions): Introduced 11/14/2024; substitute (H‑1) adopted 12/13/2024; placed on third reading 12/13/2024; referred to Joint Comm. on Insurance & Real Estate 1/22/2025.
Purpose
- Update and modernize Michigan’s Food Law by revising statutory definitions and incorporating the 2017 edition of the FDA Food Code (replacing the prior 2009/2012 references), and by updating other federal or national references (e.g., the National Shellfish Sanitation Program guide).
Key provisions and changes
- Incorporates the 2017 "Food Code" by reference (the bill replaces earlier references to older editions). The Food Code governs design, construction, management, and operation standards for many food establishments.
- Updates the definition of "federal act" to track the effective date of the amendatory act (adjusting which federal statutory versions are used as reference).
- Revises and adds numerous statutory definitions in section 1107, including:
- "Evaluation" — defined to include audits, inspections, and sanitation assessments (announced or unannounced).
- "Extended retail food establishment" — retail grocery that serves unpackaged foods for immediate consumption and provides seating.
- "Domestic residence" — clarified to exclude group/communal residential settings and outbuildings.
- "Egg" — expressly excludes balut (a developing embryo incubated to a specific stage).
- "Farmers' market," "festival," "first receiver," "food safety audit," and "food safety and sanitation assessment" — newly defined or revised to clarify scope and regulatory intent.
- Broadens/clarifies the statutory definition of "food establishment" to explicitly list operations (processing, packing, preparing, serving, vending, retail grocery, warehouses, etc.) and to restate several exclusions (e.g., certain nonprofit bake sales, inpatient food operations subject to health-code licensing, and institutional/residential food operations limited to occupants/staff).
- Amends technical language across the cited sections to align state statutory terms with the updated Food Code and to support state enforcement and program administration.
Who is affected
- Michigan Department of Agriculture & Rural Development (MDARD) and local health departments (enforcement, inspections/evaluations).
- All regulated food establishments — retail groceries (including “extended” retail), food processors, warehouses, food service establishments (fixed and mobile), vendors at farmers’ markets and festivals, egg first receivers, and others covered by the Food Law.
- Operators subject to standards in the 2017 Food Code will need to ensure state compliance follows the updated code references and clarified statutory definitions.
Procedural notes and next steps
- Substitute H‑1 was adopted by committee and the bill was placed on third reading in December 2024. It was later referred to a joint committee in January 2025.
- The bill text circulated is partially truncated in the provided materials; additional operative changes may appear in the full H‑1 text (consult the complete bill or House Fiscal/House Agriculture analyses for the full scope).
Possible practical impact
- Aligning statutory language with the 2017 Food Code and clarifying key terms should provide regulatory clarity and could change compliance expectations for some establishments (design, operations, recordkeeping, and enforcement procedures) where the 2017 Code differs from prior references. Operators should review the full bill text and the 2017 Food Code to determine specific operational changes.