Bill
SB 116
Relating to state finance.
Exempts legally blind concession operators under PA 260 from state Food Law licensure, keeping BEP oversight and local inspections.
Bill
SB 116
Exempts legally blind concession operators under PA 260 from state Food Law licensure, keeping BEP oversight and local inspections.
Status and sponsor
- Introduced January 23, 2025 by Senator Sarah Anthony.
- Referred to the Senate Committee on Regulatory Affairs; committee materials and analyses were prepared in March–May 2025 and the bill was reported/passed in the Senate (committee analysis and “as passed” summaries available). The bill has been considered by the next house/committee (listed as Committee on Regulatory Reform in the bill information).
Purpose / intent
- To reduce duplicative licensing burdens for legally blind or visually impaired individuals who operate concession stands under Michigan’s Public Act 260 of 1978 (the State implementation of the federal Randolph‑Sheppard vending‑facility program) by exempting those concession operators from general Food Law licensure requirements.
Key provisions
- Amends section 4105 of the Food Law (MCL 289.4105) to add an express exemption from the Food Law’s licensure requirements for an individual who operates a concession location pursuant to PA 260 of 1978 (statute governing concessions reserved for blind/visually impaired individuals).
- Leaves intact the Department of Agriculture and Rural Development’s (MDARD) general enforcement role for food establishments but removes the State Food Law licensing requirement for these specific concession operators.
- Does not alter the Commission for the Blind / Michigan Bureau of Services for Blind Persons oversight under PA 260; operators will continue to be authorized/qualified under the BEP program and subject to its inspection/oversight regime.
Who would be affected
- Primary beneficiaries: legally blind or visually impaired concession vendors licensed under PA 260 (the Business Enterprise Program) who operate concession stands on State property or other covered vending facilities.
- State agencies: MDARD would lose the modest fee revenue from these licenses and inspection responsibilities for these locations would remain with the BEP/local health departments as applicable.
- Local health departments: local licensing/inspection requirements remain possible (local fees vary); the bill addresses State-level licensure only.
Background, rationale, and arguments
- Federal Randolph‑Sheppard law (1936) and PA 260 (1978) give priority and licensing framework to blind vendors on State/Federal property; the Michigan BEP inspects BEP‑licensed concessions far more frequently (testimony: about every 6 weeks) than MDARD (about every 18 months). Supporters argue the State Food Law license is duplicative and imposes an unnecessary financial burden (MDARD license fee cited as $500) on small blind‑owned businesses.
- The bill is a reintroduction of prior session measures (e.g., SB 986 / SB 896).
Fiscal impact (summary from legislative analysis)
- MDARD reported only $14,627 in fee receipts from these licenses (state fiscal effect described as minimal).
- There are currently about 40 legally blind individuals licensed to run such concessions across the State. Local licensing costs (county health departments) may still apply and vary by locality.
Legal reference
- Would amend MCL 289.4105 (section 4105 of 2000 PA 92, the Food Law). The concession licensing program is codified at PA 260 of 1978 (MCL 393.351–393.368).
Practical effect if enacted
- Blind/visually impaired concession operators qualifying under PA 260 would no longer need to obtain the State Food Law license (reducing a duplicative fee/administrative requirement) while remaining under BEP oversight and any applicable local health requirements.
Compiled from official sources — confirm details with the bill’s official record.
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