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Michigan Food Law of 2000, as amended

Michigan Implements A New Food Code

On November 8, 2000, the Michigan Food Law of 2000 was implemented. This new food law, also known as Act No. 92 (Public Acts of 2000), is based on the 2005 U.S. Food and Drug Administration (FDA) model food code and replaces the 1978 food law

This page is intended to highlight information about the new food law that is requested most frequently and may also be useful to you.

Obtain the 2005 Food Code: You may download the 2005 Food Code at this website (non-County). 

You may also request the full code and associated reference materials in a three-ring binder, printed version from the FDA for $59. Reference order number: PB2005102200.

Contact: 
U.S. Department of Commerce
National Technical Information Service
5285 Port Royal Road
Springfield, Virginia, USA, 22161
Toll-free: 800-553-6847
http://www.ntis.gov 

You may request a printed, condensed version of the code (chapters 1-8) at no charge from Michigan Department of Agriculture, Food and Dairy Division, P.O. Box 30017, Lansing, Michigan, USA, 48909 (phone: 517-373-1060).

You may download Act 92 and 2005 Food Code educational materials (Food Law Fact Sheets) from Michigan Department of Agriculture at  http://www.michigan.gov/mda 

Bare Hand Contact with Ready-to-Eat Foods 

The Food Code states in Section 3-301.11(B):  “Except when washing fruits and vegetables as specified under section 3-302.15 or when otherwise approved, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment” (see MDA fact sheet).  Section 3-301.11 of the Food Code spells out very specific conditions that retailers must meet if bare-hand contact with ready-to-eat foods is to be allowed (see MDA fact sheet).

Date Marking 

Sections 3-501.17-18 of the 2005 Food Code require that certain unpackaged foods be clearly marked to indicate the date by which the foods must be discarded if not sold or served.  Date marking is required for foods that are potentially hazardous, ready-to-eat, and held under refrigeration for more than a cumulative total of 24 hours before sale or service. Potentially hazardous foods that are reheated for immediate service also require date marking. These foods must be marked at the time of preparation, or in the case of a commercially processed food, at the time that the container or packaging is opened in a retail facility (see MDA fact sheet).

Last Date of Sale 

A last "Date of Sale" is required for pre-packaged perishable foods being offered for retail sale. Firms that package perishable foods must identify the product's suggested shelf life by use of a date based on both food safety and quality characteristics. Last "Date of Sale" requirements are spelled out in Section 8107 of the Michigan Food Law of 2000 (see MDA fact sheet).

New Temperature Requirements 

A Food Spec Sheet detailing the new food holding, cooling and cooking temperature requirements may be provided by your area sanitarian or can be downloaded from the Michigan Department of Agriculture website at http://www.mda.state.mi.us/. This can be found under educational materials fact sheets at this website.

Person In Charge 

The new food law requires every food service operation to have a person in charge during all hours of operation. This individual may be, but is not required to be a certified food service manager. The person in charge must be knowledgeable in safe food handling practices and procedures. In addition, the person in charge shall be responsible for overseeing that these safe practices and procedures are carried out within the food service operation. Finally, the person in charge must be able to demonstrate their knowledge of safe food handling as outlined in the 2005 Food Code (see MDA fact sheet).