289.1105 Definitions; A to C; unsafe substances, additives, or chemicals.

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Sec. 1105.

(1)As used in this act:

(a)"Adulterated" means food to which any of the following apply:

(i)It bears or contains a poisonous or deleterious substance that may render the food injurious to health unless the substance is not an added substance and the quantity of that substance in the food does not ordinarily render it injurious to health.

(ii)It bears or contains an added poisonous or added deleterious substance, other than a substance that is a pesticide chemical in or on a raw agricultural commodity, a food additive, or a color additive considered unsafe within the meaning of subsection (2).

(iii)It is a raw agricultural commodity that bears or contains a pesticide chemical considered unsafe within the meaning of subsection (2).

(iv)It bears or contains a food additive considered unsafe within the meaning of subsection (2). However, if a pesticide chemical is used in or on a raw agricultural commodity in conformity with an exemption granted or limitation prescribed under subsection

(2)and the raw agricultural commodity is subjected to processing, the residue of that pesticide chemical remaining in or on that processed food is, notwithstanding the provisions of subsection

(2)and this subdivision, not considered unsafe if that residue in or on the raw agricultural commodity is removed to the extent possible in good manufacturing practice and if the concentration of that residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity.

(v)It is or contains a new animal drug or conversion product of a new animal drug that is unsafe within the meaning of section 101 of the federal act, 21 USC 360b.

(vi)It consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance or it is otherwise unfit for food.

(vii)It has been produced, prepared, packed, or held under unsanitary conditions in which it may have become contaminated with filth or in which it may have been rendered diseased, unwholesome, or injurious to health.

(viii)It is the product of a diseased animal or animal that has died other than by slaughter or has been fed uncooked garbage or uncooked offal from a slaughterhouse.

(ix)Its container is composed, in whole or in part, of a poisonous or deleterious substance that may render the contents injurious to health.

(x)A valuable constituent is in whole or in part omitted or abstracted from the food; a substance is substituted wholly or in part for the food; damage or inferiority is concealed in any manner; or a substance is added to, mixed with, or packed with the food to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is.

(xi)It is confectionery and has partially or completely imbedded in it a nonnutritive object except if, as provided by rules, the object is of practical functional value to the confectionery product and would not render the product injurious or hazardous to health; it is confectionery and bears or contains any alcohol other than alcohol not in excess of 0.5% by volume derived solely from the use of flavoring extracts; or it is confectionery and bears or contains a nonnutritive substance except a nonnutritive substance such as harmless coloring, harmless flavoring, harmless resinous glaze not in excess of 0.4%, harmless natural wax not in excess of 0.4%, harmless natural gum and pectin or any chewing gum by reason of its containing harmless nonnutritive masticatory substances which is in or on the confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of the confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of this act. For the purpose of avoiding or resolving uncertainty as to the application of this subdivision, the director may issue rules allowing or prohibiting the use of particular nonnutritive substances.

(xii)It is, bears, or contains any color additive that is unsafe within the meaning of subsection (2).

(xiii)It is intentionally subjected to radiation, unless the use of the radiation was in conformity with a rule or exemption under this act or a regulation or exemption under the federal act.

(xiv)It is bottled water that contains a substance at a level higher than allowed under this act.

(b)"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.

(c)"Agricultural use operation" means a maple syrup production facility or similar food establishment that finishes a raw commodity and is integral to the agricultural production of, and is located at, a farm. An agricultural use operation is not considered a food processor or retail processing operation for purposes of personal or real property but must meet those same standards and licensing requirements under this act.

(d)"Bed and breakfast" means a private residence that offers sleeping accommodations to transient tenants in 14 or fewer rooms for rent, is the innkeeper's residence where the innkeeper resides while renting the rooms to transient tenants, and serves breakfasts, or other meals in the case of a bed and breakfast described in section 1107(t)(ii), at no extra cost to its transient tenants. A bed and breakfast is not a food service establishment if exempt under section 1107(t)(ii) or (iii).

(e)"Color additive" means a dye, pigment, or other substance that is made by a process of synthesis or similar artifice or is extracted, isolated, or otherwise derived, with or without intermediate or final change of identity from a vegetable, animal, mineral, or other source, or when added or applied to a food or any part of a food is capable alone or through reaction with other substances of imparting color to the food. Color additive does not include any material that is exempt or hereafter is exempted under the federal act. This subdivision does not apply to a pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth of other natural physiological process of produce of the soil and thereby affecting its color, whether before or after harvest. Color includes black, white, and intermediate grays.

(f)"Consumer" means an individual who is a member of the public that takes possession of food, does not function in the capacity of an operator of a food establishment or food processor, and does not offer the food for resale.

(g)"Contaminated with filth" means contaminated as a result of not being securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminants.

(h)"Continental breakfast" means the serving of only non-potentially-hazardous food such as a roll, pastry or doughnut, fruit juice, or hot beverage, but may also include individual portions of milk and other items incidental to those foods.

(i)"Core item" means a provision in the food code that is not designated as a priority item or a priority foundation item. Core item includes both of the following:

(i)An item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.

(ii)The requirements of sections 2129(2) and 6152(1).

(j)"Cottage food operation" means a person who produces or packages cottage food products only in a kitchen of that person's primary domestic residence within this state.

(k)"Cottage food product" means a food that is not a food that is time/temperature control for safety, as that term is defined in the food code. Cottage food product includes, but is not limited to, jams, jellies, dried fruit, candy, cereal, granola, dry mixes, vinegar, dried herbs, and baked goods that do not require temperature control for safety. Cottage food product does not include any of the following:

(i)Any food regulated under 21 CFR parts 108, 113, and 114, including salsa.

(ii)Canned low-acid fruits or acidified vegetables.

(iii)Other canned foods except for standardized jams, jellies, and preserves as described in 21 CFR part 150.

(iv)Meat and poultry products.

(v)Milk products.

(vi)Bottled water and other beverages.

(vii)Home-produced ice products.

(2)An added poisonous or deleterious substance, food additive, pesticide chemical in or on a raw agricultural commodity, or color additive is considered unsafe for the purpose of subsection (1)(a), unless there is in effect a federal regulation or exemption from regulation under the federal act, the federal meat inspection act, 21 USC 601 to 683, the poultry products inspection act, 21 USC 451 to 472, or another federal statute, or a rule limiting the quantity of the substance, and the use or intended use of the substance, and the use or intended use of the substance conforms to the terms prescribed by the federal regulation or exemption or rule.

History: 2000, Act 92 , Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113 , Eff. Apr. 1, 2008 ;-- Am. 2008, Act 338 , Imd. Eff. Dec. 23, 2008 ;-- Am. 2010, Act 113 , Imd. Eff. July 12, 2010 ;-- Am. 2012, Act 178 , Eff. Oct. 1, 2012 ;-- Am. 2014, Act 516 , Imd. Eff. Jan. 14, 2015 ;-- Am. 2025, Act 51 , Eff. Mar. 24, 2026

Compiler's Notes: Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117.

(1)Subject to subsections

(2)and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”