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Ex. DUT-MI-017 Standing duty Primary source read

MCL 289.4125, Food establishment license; revocation or suspension; summary suspension for imminent threat to the public health

Food Law sec. 4125: suspension or revocation of a food establishment license for non-compliance, summary suspension on an alleged imminent threat to public health, and the duty to discontinue sale upon suspension

Michigan Legislature (Food Law, 2000 PA 92, Chapter IV, Licensing) · Michigan (State)

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The record

Jurisdiction
Michigan
Level
State
Authority
Food Law, MCL 289.1101-289.8111; enforcement delegated to local health departments under Chapter III (MCL 289.3103-289.3139)
Issued
2000-11-08 Nov. 8, 2000
Effective
2000-11-08
End
standing (read as 2021-09-30)
In force
Standing since Nov. 8, 2000 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses: food establishments licensed under the Food Law (food service establishments, retail food establishments, food processors)
Character
sanitary code duty
Collection
Standing duties: Michigan DUT-MI

Operative words

Based upon facts submitted by a person familiar with those facts or upon information and belief alleging that an imminent threat to the public health, safety, or welfare exists, the director may summarily suspend a license, registration, or certificate issued under this act.

Penalty

License suspension or revocation; summary suspension; MCL 289.5107 misdemeanor (Ex. DUT-MI-018)

What it required

Made continued operation of every licensed food establishment (restaurants, bars serving food, retail groceries, food processors) conditional on compliance with the Food Law and its rules, with suspension or revocation after hearing (subsection (2)), summary suspension without prior hearing on an alleged imminent threat to public health (subsection (4)), and the licensee's duty to 'discontinue the sale and offering for sale' upon suspension (subsection (2)); the MDHHS orders addressed 'food service establishments, as defined in section 1107(t) of the Michigan Food Law' by name (Ex. MI-050 sec. 4).

Retrieval note

MCL 289.6101(1) (read on the official site; not saved) incorporates chapters 1 through 8 of the FDA Food Code by reference as the sanitation standard of every food establishment, including its employee-health provisions.