289.5101 Prohibited acts; violation. Sec. 5101. (1) A person shall not do or cause to be done any of the following: (a) Manufacture, sell, deliver, hold, or offer for sale adulterated or misbranded food. (b) Adulterate or misbrand food. (c) Receive in commerce food that is adulterated or misbranded and deliver or proffer the delivery […]
289.5103 Misleading labeling or advertisement; liability of disseminator of information. Sec. 5103. (1) If a food is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then the determination of whether the labeling or advertisement is misleading shall take into account, among […]
289.5104 Donated food; criminal or civil liability; immunity; employment or designation of food safety manager. Sec. 5104. (1) A retail food establishment, farmer, wholesaler, wholesale processor, distributor, or other person who donates food for use or distribution by a nonprofit organization or nonprofit corporation, and a nonprofit organization or nonprofit corporation that collects donated food […]
289.5105 Administrative fines or costs. Sec. 5105. (1) Upon finding that a person violated a provision of this act or a rule promulgated under this act, the department may impose an administrative fine of not more than $500.00 for the first offense and not more than $1,000.00 for a second or subsequent offense and the […]
289.5107 Violations; penalties; costs of investigation. Sec. 5107. (1) Except as otherwise provided under this act, a person who violates any provision of this act or rules promulgated under this act is guilty of a misdemeanor and shall be punished by a fine of not less than $250.00 or more than $2,500.00 or by imprisonment […]
289.5109 Report of violation as condition. Sec. 5109. When a violation of section 5101(1)(k) occurs which is not suspected of threatening the safety of food intended for human consumption, the department shall provide a person owning or operating the food establishment a written report of the violation before subjecting persons to the penalties provided in […]
289.5111 Jurisdiction of court; restraining order. Sec. 5111. In addition to the remedies provided for in this act, the department may apply to the circuit court for, and the court shall have jurisdiction upon hearing and for cause shown, a temporary or permanent injunction restraining any person from violating any provision of this act or […]
289.5113 Application of remedies. Sec. 5113. The regulatory authority shall justly apply the remedies according to law and this act consistent with the licensee’s right to due process. History: 2000, Act 92, Eff. Nov. 8, 2000 Compiler’s Notes: Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this […]
289.5115 Decision or order; direct review. Sec. 5115. When a license holder or registrant has exhausted all administrative remedies available under this act and is aggrieved by a final decision or order in a contested case, the decision or order is subject to direct review by the courts as provided by law. History: 2000, Act […]
