Bill Text: MI HB4114 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Food; other; sale of certain foods produced by a cottage food operation; increase threshold regarding gross sales. Amends sec. 4102 of 2000 PA 92 (MCL 289.4102).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2011-01-25 - Printed Bill Filed 01/21/2011 [HB4114 Detail]
Download: Michigan-2011-HB4114-Introduced.html
HOUSE BILL No. 4114
January 20, 2011, Introduced by Reps. Jenkins, Zorn, Hughes, Shaughnessy and Rendon and referred to the Committee on Commerce.
A bill to amend 2000 PA 92, entitled
"Food law of 2000,"
by amending section 4102 (MCL 289.4102), as added by 2010 PA 112.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4102. (1) A cottage food operation is exempt from the
licensing and evaluation provisions of this act. This exemption
does not include an exemption from the adulteration and other
standards imposed in this section or under this act, or both, and
does not limit the ability of the department to take appropriate
enforcement action for applicable violations as described in
section 5101. This subsection does not require a cottage food
operation to meet the standards contained in 21 CFR 110 or the 2005
federal
food code., or both.
(2) Cottage food products shall be prepackaged and properly
labeled prior to sale.
(3) At a minimum, a cottage food operation shall place on the
label of any food it produces or packages the following
information:
(a) The name and address of the business of the cottage food
operation.
(b) The name of the cottage food product.
(c) The ingredients of the cottage food product, in descending
order of predominance by weight.
(d) The net weight or net volume of the cottage food product.
(e) Allergen labeling as specified by federal labeling
requirements.
(f) If any nutritional claim is made, appropriate labeling as
specified by federal labeling requirements.
(g) The following statement printed in at least the equivalent
of 11-point font size in a color that provides a clear contrast to
the background: "Made in a home kitchen that has not been inspected
by the Michigan department of agriculture."
(4) Cottage food products may be sold directly from the
cottage food operation to the consumer only, and not by internet or
mail order. Sales by consignment or at wholesale are prohibited.
(5) The gross sales of cottage food products shall not exceed
$15,000.00
$30,000.00 annually. The determination of the $15,000.00
$30,000.00 annual gross sales shall be computed on the basis of the
amount of gross sales within or at a particular domestic residence
and shall not be computed on a per-person basis within or at that
domestic residence. The department may request in writing
documentation to verify the annual gross sales figure.
(6) Cottage food products shall be stored only in the primary
domestic residence.
(7) An exemption under this section does not affect the
application of any other state or federal laws or any applicable
ordinances enacted by any local unit of government.
