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A new law takes the black market to the farmer's market

Published:

Last Edited: July 27, 2010, 9:24 am

All you Michigan Apron entrepreneurs get ready to make money in your home kitchen.

 

Here's a portion of the story, see below for a link to the full story.

 

Small business is big business in northern Michigan. A viewer heard about a new law that aims to open up the marketplace for some very small businesses: The Michigan Cottage Food Law.

She wanted to know what it might mean for those in our area. What we found out for her is the subject of tonight's Fact Finder report.

 Susan Odom likes to keep things simple.

 She says, "It's just sugar and fruit and that's it."

 As a food historian she uses 19th century recipes to make her savory sensations, right inside her historic Leelanau County farm house.

 She says, "I always make way more than I can eat and people always say, "Oh, you should sell these."

 But until recently it was illegal for her to do that. She would have paid to use a licensed commercial kitchen. The goal of the regulation was to ensure food safety, but the costs kept a lot of small businesses from even getting started.

Read the entire story here: http://www.upnorthlive.com/news/story.aspx?id=487867

Entry #76

Comments

1.
truecriticComment by truecritic - July 27, 2010, 1:11 pm
Thanks. Interesting law. That thought of food poisoning will always be in the back of my head - then on the other hand, people have gotten very sick at some Michigan restaurants from food poisoning!
2.
CutlassBobComment by CutlassBob - July 27, 2010, 4:18 pm
Your Welcome, i guess one good thing is that you must disclose that the food item was "Made in my home kitchen"
3.
Rick GComment by Rick G - July 27, 2010, 4:26 pm
I'd feel much safer eating a stranger's home-made food than Monsanto's franken-food .
4.
CutlassBobComment by CutlassBob - July 27, 2010, 4:51 pm
http://www.youtube.com/watch?v=ENIB917yXRE&feature=player_embedded#!
5.
sully16Comment by sully16 - July 27, 2010, 8:58 pm
I am a CFM ( CERTIFIED FOOD MANAGER ) GLAD TO HEAR SMALL BUSINESS STORIES, BUT SHE NEEDS TO BE LICENSED AND SHE NEEDS A FOOD SAFTEY CLASS AND THE PROPER EQUIPMENT. IF YOU WERE TO SWAB HER KITCHEN , MINE, YOURS ..JOES DOWN THE STREET YOU WOULD FIND AT LEAST 30 TYPES OF BACTERIA AND AT LEAST 10 VIRUSES.
IF SOMEONE GETS SICK THEY CAN SUE HER AND SHE COULD EVEN LOSE HER HOME, AND OR JAIL TIME AND FINES FOR TAX EVASION.
THERE ARE PEOPLE WHO CAN HELP HER MARKET HER PRODUCT THE RIGHT WAY AND SHE MAY EVEN BE ELIGIBLE FOR GRANTS OR LOANS.
I DON'T BRAG ABOUT MICHIGAN VERY OFTEN BUT WE HAVE THE STRICTEST FOOD SAFTEY LAWS IN AMERICA. MY LICENSE IS GOOD ALL OVER THE UNITED STATES, YET SOMEONE IN CALIFORNIA WITH A LICENSE WOULD NOT QUALIFY TO PRACTICE HERE IN MICHIGAN.
WE HAVE A GIANT PROBLEM IN MICHIGAN WITH WELFARE RECIPIENTS USING FOOD STAMPS TO RUN TAKE OUT FOOD FROM THEIR HOME KITCHENS AND I HAVE HEARD HORROR STORIES OF RATS , ROACHES AND JUST PLAIN FILTH. JUST BECAUSE SOMEONE IS NICE DOES NOT MEAN THEY ARE CLEAN.

6.
CutlassBobComment by CutlassBob - July 27, 2010, 10:06 pm
Sully these folks do not have to be licensed. I agree with your concerns but it's a new Michigan Law, read more here...http://www.michigan.gov/mda/0,1607,7-125-50772_45851-240577--,00.html

Here's the Public Act as it is now Law.
House Bill 5280 (2009)
Public Act 112 of 2010 (Effective: 7/12/2010)

Pay Special Attention to: Sec. 4102. (1) A cottage food operation is exempt from the licensing and evaluation provisions of this act. This
exemption does not include an exemption from the adulteration and other standards imposed in this section or under
this act, or both, and does not limit the ability of the department to take appropriate enforcement action for applicable
violations as described in section 5101. This subsection does not require a cottage food operation to meet the standards
contained in 21 CFR 110 or the 2005 federal food code, or both.

Scroll down to Public Act and Click PDF....Here's the link...
http://www.legislature.mi.gov/(S(onljo43zgesmrx45grilg13t))/mileg.aspx?page=getobject&objectname=2009-HB-5280&query=on
7.
CutlassBobComment by CutlassBob - July 27, 2010, 10:14 pm
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2010
Introduced by Reps. Proos, Marleau, McMillin, Caul, Opsommer, Calley, Lori, Pearce, Ball, Green, Booher,Walsh, Crawford, Stamas, Hansen, Rocca, Schuitmaker, Meekhof, Elsenheimer, Hildenbrand, Denby,Lund, Pavlov, Wayne Schmidt, Kurtz, Tyler, Clemente, Genetski, Bolger, Kowall, Sheltrown, Mayes,Moss and Horn

ENROLLED HOUSE BILL No. 5280
AN ACT to amend 2000 PA 92, entitled “An act to codify the licensure and regulation of certain persons engaged inprocessing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing,selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government;
to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for
promulgation of rules; and to repeal acts and parts of acts,” by amending section 4101 (MCL 289.4101), as amended by
2007 PA 113, and by adding section 4102.

The People of the State of Michigan enact:
Sec. 4101.(1) Except as provided in sections 4102 and 4105, a person shall not operate a food establishment unless licensed by the department as a food establishment.
(2) Separate areas for food service or preparation located in 1 building and actively operated under 1 management are considered to be 1 food establishment and only 1 license is required. The director may require separate licenses for these areas if managed separately even though under the same owner.
(3) Except as otherwise provided in this act, a city, county, or other local unit of government shall not adopt or enforce licensing ordinances or regulations for persons regulated under this act.
Sec. 4102. (1) A cottage food operation is exempt from the licensing and evaluation provisions of this act. This exemption does not include an exemption from the adulteration and other standards imposed in this section or under this act, or both, and does not limit the ability of the department to take appropriate enforcement action for applicable
violations as described in section 5101. This subsection does not require a cottage food operation to meet the standards contained in 21 CFR 110 or the 2005 federal food code, or both.
(69)
EHB 5280
Act No. 112
Public Acts of 2010
Approved by the Governor
July 12, 2010
Filed with the Secretary of State
July 12, 2010
EFFECTIVE DATE: July 12, 2010
2
EHB 5280
(2) Cottage food products shall be prepackaged and properly labeled prior to sale.
(3) At a minimum, a cottage food operation shall place on the label of any food it produces or packages the following information:
(a) The name and address of the business of the cottage food operation.
(b) The name of the cottage food product.
(c) The ingredients of the cottage food product, in descending order of predominance by weight.
(d) The net weight or net volume of the cottage food product.
(e) Allergen labeling as specified by federal labeling requirements.
(f) If any nutritional claim is made, appropriate labeling as specified by federal labeling requirements.
(g) The following statement printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background: “Made in a home kitchen that has not been inspected by the Michigan department of agriculture.”
(4) Cottage food products may be sold directly from the cottage food operation to the consumer only, and not by internet or mail order. Sales by consignment or at wholesale are prohibited.
(5) The gross sales of cottage food products shall not exceed $15,000.00 annually. The determination of the $15,000.00 annual gross sales shall be computed on the basis of the amount of gross sales within or at a particular domestic residence and shall not be computed on a per-person basis within or at that domestic residence. The department may request in writing documentation to verify the annual gross sales figure.
(6) Cottage food products shall be stored only in the primary domestic residence.
(7) An exemption under this section does not affect the application of any other state or federal laws or any applicable ordinances enacted by any local unit of government.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 5837 of the 95th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
8.
sully16Comment by sully16 - July 28, 2010, 12:26 am
Thanks Bob, dealing with the state for many years this really makes me wonder why are they being so nice. we already know they don't care if the welfare recips use the food stamp program to run business.
9.
CutlassBobComment by CutlassBob - July 28, 2010, 8:37 am
"dealing with the state for many years this really makes me wonder why are they being so nice."
Don't let your guard down!

Our State Govt is passing laws and not funding them and forcing local units of Govt to pay for them. This is a direct violation of the Headlee amendment of 1978. Which means they are violating our State Constitution. They all took an oath to uphold out State Constitution! If they can't do that, one of their primary functions, what can they do. Proubly not much. I say vote them OUT!

Plus it is an Election Year, passing the Cottage Law may get them some votes, But i doubt it will be enough to save their Donkey.

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