289.3103 Definitions. Sec. 3103. As used in this chapter: (a) “Certified health department” means a county, district, or city health department that meets the criteria for certification of health departments established by this act and that is authorized by the director to enforce this act for retail groceries, food processors, or fair concessions. (b) “Foodborne […]
289.3105 Enforcement; delegation to local health department; exceptions. Sec. 3105. (1) The department shall delegate the authority and responsibility for the enforcement of the requirements pertaining to food service establishments contained in this act and rules to local health departments meeting the program criteria provided for in this act and rules. The local health departments […]
289.3107 Enforcement; delegation to certified health department. Sec. 3107. The director may delegate the authority and responsibility for the enforcement of the requirements pertaining to food processing plants, retail grocers, and food concessions contained in this act and any rules adopted under this act to any certified health department. The certified health departments shall enforce […]
289.3109 Local health departments as authorized agents. Sec. 3109. Local health departments that are delegated authority by the director pursuant to this chapter are authorized agents of the director for the purpose of implementing and administering this act and rules promulgated under this act. History: 2000, Act 92, Eff. Nov. 8, 2000 Compiler’s Notes: Sec. […]
289.3111 Retention of authority under MCL 333.2401 to 333.2498. Sec. 3111. The power and authority granted under part 24 of the public health code, MCL 333.2401 to 333.2498, shall be retained by local health departments delegated authority under this act. History: 2000, Act 92, Eff. Nov. 8, 2000 Compiler’s Notes: Sec. 1117 of Act 92 […]
289.3113 Compliance with applicable local laws; conflict. Sec. 3113. A county, city, village, or township shall not regulate those aspects of food service establishments that are subject to regulation under this act except to the extent necessary to carry out the responsibility of a local health department to implement licensing provisions of chapter IV. This […]
289.3115 Review of license application by local health department; inspection of establishment; temporary food establishment serving only low-risk food; in-office consultation; forward of approval or limitation to department. Sec. 3115. (1) A local health department shall promptly review a license application for a food service establishment to determine if the application is complete and accurate. […]
289.3117 Hearing; enforcement procedure; availability. Sec. 3117. A local health department may apply procedures for enforcement of this act that provide notice and opportunity for a hearing equivalent in effectiveness to and which protect the rights of the applicant or licensee comparable to the provisions of chapters 4 and 5 of the administrative procedures act […]
289.3119 Required fees; additional license fee; collection; exemptions; forwarding applications. Sec. 3119. (1) Until December 31, 2023, and except as otherwise provided for in subsection (2), upon submission of an application, an applicant for a food service establishment license shall pay to the local health department having jurisdiction the required fees authorized by section 2444 […]
289.3121 Evaluations; maintenance and retention of records. Sec. 3121. (1) The department or a local health department shall conduct evaluations in compliance with this act. (2) Records for all of the following shall be maintained by a local health department: (a) Applications for licensure. (b) Operation licenses. (c) Evaluation reports. (d) Pertinent correspondence. (e) Plans […]
289.3123 Evaluations; frequency. Sec. 3123. (1) A compliance evaluation of each food service establishment shall be performed by the director at least once every 6 months or as required by a statewide department approved risk-based schedule. Risk-based schedules shall be developed in consultation with local health departments. (2) A food service establishment which operates for […]
289.3125 Evaluations; reducing frequency; limitation. Sec. 3125. (1) Subject to subsection (3), a local health department, with the approval of the director and based on criteria developed by the department in consultation with local health departments, may reduce the frequency of evaluations of individual food service establishments if the local health department determines that a […]
289.3127 Evaluation findings; report. Sec. 3127. (1) The findings of an evaluation of a food service establishment shall be recorded on an evaluation report form approved by the department. A violation of a priority item or priority foundation item shall be designated as such on the form. A violation by a food establishment of section […]
289.3129 Foodborne diseases and poisonings; allegation; investigation; notice. Sec. 3129. (1) A local health department shall investigate an allegation of foodborne diseases and poisonings or suspected foodborne diseases and poisonings connected with food service establishments within its jurisdiction and delegated authority and shall promptly make a report of its findings to the department. (2) If […]
289.3131 Communications system; development; implementation; provisions; availability of information. Sec. 3131. (1) A local health department shall develop and implement a communications system with other applicable governmental agencies, individuals, and organizations including, but not limited to, hospital emergency rooms and state and local police. The communications system shall provide the means to contact specific local […]
289.3133 Analysis of food samples; utilization of laboratories. Sec. 3133. Laboratories capable of providing the necessary analyses of food samples shall be utilized by a local health department to assist in the conduct of a food service program. History: 2000, Act 92, Eff. Nov. 8, 2000 ;– Am. 2012, Act 178, Eff. Oct. 1, 2012 […]
289.3135 Certification of local health department; application; qualifications. Sec. 3135. (1) The department shall make available to any local health department an application form to be completed as a request for certification. The application shall provide information needed to substantiate the request to become a certified health department. (2) A local health department seeking certification […]
289.3137 Reports made by certified health departments; review and evaluation; conduct of evaluation quality assurance program; report to department; findings of department review or evaluation. Sec. 3137. (1) The department shall conduct a general review and evaluation of reports and related data made by certified health departments under this act as often as considered necessary […]
289.3139 Notice of deficiencies; hearing; revocation of certification; reapplication. Sec. 3139. (1) If a certified health department fails to meet the requirements established in this act or rules promulgated under this act, written notice of deficiencies shall be furnished to the health officer of that certified health department within 30 days after completion of the […]
