289.2129 Certification of managerial employee under program accredited by American national standards institute; rules.
Sec. 2129.
(1) Beginning June 30, 2009, the following food establishments shall employ a minimum of 1 managerial employee who is currently certified under a personnel certification program accredited by the American national standards institute, utilizing the conference for food protection standards:
(a) A food service establishment that is not any of the following:
(i) A mobile food establishment.
(ii) Operating under a temporary food service establishment license.
(iii) A special transitory food unit.
(iv) A vending machine location.
(b) An extended retail food establishment.
(c) The operation of a food service establishment within a retail grocery.
(2) An individual certified under subsection (1) shall be recognized with full faith and credit by the state and all local units of government throughout the state.
(3) The department may promulgate rules to do all of the following:
(a) By January 1, 2009, develop requirements for retail food establishments to follow when employing certified food safety managers or personnel.
(b) Set a reasonable date for compliance with the requirements taking into consideration existing local personnel certification requirements.
(c) Establish certification fees necessary to implement, maintain, and track certified individuals directly or by contract. The department may annually adjust the schedule of fees to provide that the fee charged is sufficient to cover the cost of the certification tracking program.
(d) Implement and enforce the requirements described in subdivision (a).
(e) The certification program developed by the American national standards institute, as it exists on the effective date of the amendatory act that added this section, is incorporated by reference. The department may adopt updates to the certification program accreditation standards in subsection (1) by rule.
(4) This section does not prohibit any local legislative body from implementing a food handler program, an employee health certification program, or a manager certification program, provided it is not in conflict with this section.
History: 2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008 Compiler's Notes: Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
289.2129 Certification of managerial employee under program accredited by American national standards institute; rules.
Sec. 2129.
(1) Beginning June 30, 2009, the following food establishments shall employ a minimum of 1 managerial employee who is currently certified under a personnel certification program accredited by the American national standards institute, utilizing the conference for food protection standards:
(a) A food service establishment that is not any of the following:
(i) A mobile food establishment.
(ii) Operating under a temporary food service establishment license.
(iii) A special transitory food unit.
(iv) A vending machine location.
(b) An extended retail food establishment.
(c) The operation of a food service establishment within a retail grocery.
(2) An individual certified under subsection (1) shall be recognized with full faith and credit by the state and all local units of government throughout the state.
(3) The department may promulgate rules to do all of the following:
(a) By January 1, 2009, develop requirements for retail food establishments to follow when employing certified food safety managers or personnel.
(b) Set a reasonable date for compliance with the requirements taking into consideration existing local personnel certification requirements.
(c) Establish certification fees necessary to implement, maintain, and track certified individuals directly or by contract. The department may annually adjust the schedule of fees to provide that the fee charged is sufficient to cover the cost of the certification tracking program.
(d) Implement and enforce the requirements described in subdivision (a).
(e) The certification program developed by the American national standards institute, as it exists on the effective date of the amendatory act that added this section, is incorporated by reference. The department may adopt updates to the certification program accreditation standards in subsection (1) by rule.
(4) This section does not prohibit any local legislative body from implementing a food handler program, an employee health certification program, or a manager certification program, provided it is not in conflict with this section.
History: 2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008 Compiler's Notes: Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
289.2129 Certification of managerial employee under program accredited by American national standards institute; rules.
Sec. 2129.
(1) Beginning June 30, 2009, the following food establishments shall employ a minimum of 1 managerial employee who is currently certified under a personnel certification program accredited by the American national standards institute, utilizing the conference for food protection standards:
(a) A food service establishment that is not any of the following:
(i) A mobile food establishment.
(ii) Operating under a temporary food service establishment license.
(iii) A special transitory food unit.
(iv) A vending machine location.
(b) An extended retail food establishment.
(c) The operation of a food service establishment within a retail grocery.
(2) An individual certified under subsection (1) shall be recognized with full faith and credit by the state and all local units of government throughout the state.
(3) The department may promulgate rules to do all of the following:
(a) By January 1, 2009, develop requirements for retail food establishments to follow when employing certified food safety managers or personnel.
(b) Set a reasonable date for compliance with the requirements taking into consideration existing local personnel certification requirements.
(c) Establish certification fees necessary to implement, maintain, and track certified individuals directly or by contract. The department may annually adjust the schedule of fees to provide that the fee charged is sufficient to cover the cost of the certification tracking program.
(d) Implement and enforce the requirements described in subdivision (a).
(e) The certification program developed by the American national standards institute, as it exists on the effective date of the amendatory act that added this section, is incorporated by reference. The department may adopt updates to the certification program accreditation standards in subsection (1) by rule.
(4) This section does not prohibit any local legislative body from implementing a food handler program, an employee health certification program, or a manager certification program, provided it is not in conflict with this section.
History: 2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008 Compiler's Notes: Sec. 1117 of Act 92 of 2000 provides:“Sec. 1117. (1) Subject to subsections (2) and (3), this act takes effect 6 months after the date of enactment.“(2) Until 6 months after the effective date of this act, compliance with the standards of the design, construction, and equipment of a food service establishment approved under former sections 12901, 12902, 12903, 12904, 12905a, 12906, 12907, 12908, 12910, 12911, 12912, 12913, 12916, and 12921 of the public health code, MCL 333.12901, 333.12902, 333.12903, 333.12904, 333.12905a, 333.12906, 333.12907, 333.12908, 333.12910, 333.12911, 333.12912, 333.12913, 333.12916, and 333.12921, is considered compliance with this act.“(3) Beginning 6 months after the effective date of this act, a food service establishment shall comply with the standards of design, construction, and equipment established under this act.”
