FOOD SERVICES; MODIFY DEFINITIONS H.B. 4042:
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bill 4042 (as passed by the House)
Sponsor: Representative Tyrone Carter
House Committee: Regulatory Reform
Senate Committee: Regulatory Affairs
FOOD SERVICES; MODIFY DEFINITIONS H.B. 4042:
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bill 4042 (as passed by the House)
Sponsor: Representative Tyrone Carter
House Committee: Regulatory Reform
Senate Committee: Regulatory Affairs
CONTENT
The bill would amend the Food Law to exclude a rental hall that did not have a kitchen or food preparation space and that did not prepare food on the premises from the definition of food service establishment.
Generally, the Law prescribes licensure requirements and health standards for food service establishments in the State. The Michigan Department of Agriculture and Rural Development regulates licensure and enforcement of the Law but delegates oversight authority of food service establishments to local health departments.
Under the Law, "food service establishment" means a fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, drive-in, industrial feeding establishment, private organization serving the public, rental hall, catering kitchen, delicatessen, theater, commissary, food concession, or similar place in which food or drink is prepared for direct consumption through service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public. The Law excludes certain establishments from this definition, such as a motel that serves continental breakfast.
Under the bill, the definition above would include a rental hall that had a kitchen or food preparation area. The bill would specifically exclude a rental hall that did not have a kitchen or food preparation space and that did not prepare food on the premises from the definition.
MCL 289.1107 Legislative Analyst: Nathan Leaman
PREVIOUS LEGISLATION
(This section does not provide a comprehensive account of previous legislative efforts on this subject matter.)
The bill is a reintroduction of House Bill 5911 from the 2023-2024 Legislative Session.
FISCAL IMPACT
The bill would amend the definition of food service establishments to exclude rental halls that do not have kitchens, thereby exempting certain establishments from public health licensing fees. The bill could affect revenue that supports the work of local public health departments but not in an amount that can accurately be estimated at this time.