HB 4122 — Food: cottage food operation; certain requirements for cottage food operations and cottage food products; modify. Amends secs. 1105, 1111 & 4102 of 2000 PA 92 (MCL 289.1105 et seq.).

HB-4122, As Passed Senate,House, DecemberApril 18,22, 2025 SUBSTITUTE FOR HOUSE BILL NO.

(i) It bears or contains any a poisonous or deleterious substance that may render it the food injurious to health unless the substance is not an added substance and the quantity of that RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 substance in the food does not ordinarily render it injurious to health.

RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 (vii) It has been produced, prepared, packed, or held under unsanitary conditions in which it may have become contaminated with filth or in which it may have been rendered diseased, unwholesome, or injurious to health.

or it is confectionery and bears or contains any a nonnutritive substance except a nonnutritive substance such as harmless coloring, harmless flavoring, harmless resinous glaze not in excess of 4/10 of 1%, 0.4%, harmless natural wax not in excess of 4/10 of 1%, 0.4%, harmless natural gum and pectin or any chewing gum by reason of its RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 containing harmless nonnutritive masticatory substances which is in or on the confectionery by reason of its use for some practical functional purpose in the manufacture, packaging, or storage of such the confectionery if the use of the substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of this act.

RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 (d) "Bed and breakfast" means a private residence that offers sleeping accommodations to transient tenants in 14 or fewer rooms for rent, is the innkeeper's residence in which where the innkeeper resides while renting the rooms to transient tenants, and serves breakfasts, or other meals in the case of a bed and breakfast described in section 1107(t)(ii), at no extra cost to its transient tenants.

(g) "Contaminated with filth" means contaminated as a result of not being securely protected from dust, dirt, and, as far as may RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 be necessary by all reasonable means, from all foreign or injurious contaminations.contaminants.

bottled water and other RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 beverages;

Retail food RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 establishment includes both a retail grocery and a food service establishment, but does not include a food processor.

(j) "Staple foods" does not include accessory foods such as coffee, tea, cocoa, soda, noncarbonated drinks such as sports RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 drinks, punches, and flavored waters, candy, condiments, spices, hot foods, or foods ready to go or made to take out, such as prepared sandwiches or salads.

RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 (r) (q) "Vending company base location" means a vending machine location or other food establishment required to be separately licensed under section 4105(5).

This subsection does not require a cottage food operation to meet the standards contained in 21 CFR part 110 or the RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 food code.

A cottage food product may be sold by internet or mail order or may be delivered to a consumer through a third-party food delivery RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 platform if the cottage food operation provides an opportunity for a consumer to directly interact with the cottage food operation before the cottage food product is sold.

After December 31, 2017, the Except as otherwise provided in this subsection, the gross sales of cottage food products by a cottage food operation shall must not exceed $25,000.00 $50,000.00 annually until OctoberJanuary 1,2026.1, 2026.

If the cottage food operation sells cottage food products at a price of $250.00 or more per unit, the gross sales of the cottage food products by the cottage food operation must not exceed $75,000.00 annually until OctoberJanuary 1, 2026.

Beginning October 1, 2026, and by each October 1 thereafter, the department may adjust the gross sales amounts set under this subsection by the amount calculated by RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 1 multiplying the sales limit in effect during the immediately preceding fiscal year by the inflation adjustment factor and rounding to the nearest whole dollar.

(9) A cottage food operation that registers with the MSU RMH H00002'25 (H-1)_HB4122_APS_1(H-1)_HB4122_APH_1 tx1uojock1d4 Product Center under subsection (8) shall include on the label described under subsection (3) the registration number issued to the cottage food operation.

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