Food: cottage food operation; certain requirements for cottage food operations and cottage food products; modify, the official text

Act
No. 51

Public
Acts of 2025

Approved
by the Governor

December
23, 2025

Filed
with the Secretary of State

December
23, 2025

EFFECTIVE
DATE:  Sine Die

(91st day after final adjournment of the 2025 Regular Session)

state of michigan

103rd Legislature

Regular session of 2025

Introduced by Reps. Alexander, Miller, Wilson, BeGole,
Mentzer, Rigas, Greene, Kunse, Neyer, Meerman, DeSana, Bierlein, Farhat,
Morgan, Johnsen, Rheingans, Kelly, Wozniak, Bohnak, Paiz, Pavlov, Markkanen,
Thompson, Snyder, Dievendorf, Prestin, Bruck, Outman, Wortz, Jenkins-Arno,
Byrnes and VanderWall

ENROLLED HOUSE BILL No. 4122

AN ACT to amend 2000 PA 92,
entitled “An act to codify the licensure and regulation of certain persons
engaged in processing, 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 and rural development; 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
immunity to certain persons under certain circumstances; 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 sections
1105, 1111, and 4102 (MCL 289.1105, 289.1111, and 289.4102), section 1105 as
amended by 2014 PA 516, section 1111 as amended by 2018 PA 92, and
section 4102 as amended by 2012 PA 178.

The People of the State of
Michigan enact:

Sec.
1105. (1) As used in this act:

(a) “Adulterated” means food to which any of the following
apply:

(i) It bears or contains a poisonous or
deleterious substance that may render the food injurious to health unless the
substance is not an added substance and the quantity of that substance in the
food does not ordinarily render it injurious to health.

(ii) It bears or contains an added poisonous
or added deleterious substance, other than a substance that is a pesticide
chemical in or on a raw agricultural commodity, a food additive, or a color
additive considered unsafe within the meaning of subsection (2).

(iii) It is a raw agricultural commodity that
bears or contains a pesticide chemical considered unsafe within the meaning of
subsection (2).

(iv) It bears or contains a food additive
considered unsafe within the meaning of subsection (2). However, if a pesticide
chemical is used in or on a raw agricultural commodity in conformity with an
exemption granted or limitation prescribed under subsection (2) and the raw
agricultural commodity is subjected to processing, the residue of that
pesticide chemical remaining in or on that processed food is, notwithstanding
the provisions of subsection (2) and this subdivision, not considered unsafe if
that residue in or on the raw agricultural commodity is removed to the extent
possible in good manufacturing practice and if the concentration of that
residue in the processed food when ready to eat is not greater than the
tolerance prescribed for the raw agricultural commodity.

(v) It is or contains a new animal drug or
conversion product of a new animal drug that is unsafe within the meaning of
section 101 of the federal act, 21 USC 360b.

(vi) It consists in whole or in part of a
diseased, contaminated, filthy, putrid, or decomposed substance or it is
otherwise unfit for food.

(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.

(viii) It is the product of a diseased animal
or animal that has died other than by slaughter or has been fed uncooked
garbage or uncooked offal from a slaughterhouse.

(ix) Its container is composed, in whole or
in part, of a poisonous or deleterious substance that may render the contents
injurious to health.

(x) A valuable constituent is in whole or in
part omitted or abstracted from the food; a substance is substituted wholly or
in part for the food; damage or inferiority is concealed in any manner; or a
substance is added to, mixed with, or packed with the food to increase its bulk
or weight, reduce its quality or strength, or make it appear better or of
greater value than it is.

(xi) It is confectionery and has partially or
completely imbedded in it a nonnutritive object except if, as provided by
rules, the object is of practical functional value to the confectionery product
and would not render the product injurious or hazardous to health; it is
confectionery and bears or contains any alcohol other than alcohol not in
excess of 0.5% by volume derived solely from the use of flavoring extracts; or
it is confectionery and bears or contains a nonnutritive substance except a
nonnutritive substance such as harmless coloring, harmless flavoring, harmless
resinous glaze not in excess of 0.4%, harmless natural wax not in excess of
0.4%, harmless natural gum and pectin or any chewing gum by reason of its
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 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. For the purpose of
avoiding or resolving uncertainty as to the application of this subdivision,
the director may issue rules allowing or prohibiting the use of particular
nonnutritive substances.

(xii) It is, bears, or contains any color
additive that is unsafe within the meaning of subsection (2).

(xiii) It is intentionally subjected to
radiation, unless the use of the radiation was in conformity with a rule or
exemption under this act or a regulation or exemption under the federal act.

(xiv) It is bottled water that contains a
substance at a level higher than allowed under this act.

(b) “Advertisement” means a representation disseminated in
any manner or by any means, other than by labeling, for the purpose of
inducing, or which is likely to induce, directly or indirectly, the purchase of
food.

(c) “Agricultural use operation” means a maple syrup
production facility or similar food establishment that finishes a raw commodity
and is integral to the agricultural production of, and is located at, a farm.
An agricultural use operation is not considered a food processor or retail processing
operation for purposes of personal or real property but must meet those same
standards and licensing requirements under this act.

(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 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. A bed and
breakfast is not a food service establishment if exempt under section 1107(t)(ii) or (iii).

(e) “Color additive” means a dye, pigment, or other substance
that is made by a process of synthesis or similar artifice or is extracted,
isolated, or otherwise derived, with or without intermediate or final change of
identity from a vegetable, animal, mineral, or other source, or when added or
applied to a food or any part of a food is capable alone or through reaction
with other substances of imparting color to the food. Color additive does not
include any material that is exempt or hereafter is exempted under the federal
act. This subdivision does not apply to a pesticide chemical, soil or plant
nutrient, or other agricultural chemical solely because of its effect in
aiding, retarding, or otherwise affecting, directly or indirectly, the growth
of other natural physiological process of produce of the soil and thereby
affecting its color, whether before or after harvest. Color includes black,
white, and intermediate grays.

(f) “Consumer” means an individual who is a member of the
public that takes possession of food, does not function in the capacity of an
operator of a food establishment or food processor, and does not offer the food
for resale.

(g) “Contaminated with filth” means contaminated as a result
of not being securely protected from dust, dirt, and, as far as may be
necessary by all reasonable means, from all foreign or injurious contaminants.

(h) “Continental breakfast” means the serving of only
non-potentially-hazardous food such as a roll, pastry or doughnut, fruit juice,
or hot beverage, but may also include individual portions of milk and other
items incidental to those foods.

(i) “Core item” means a provision in the food code that is
not designated as a priority item or a priority foundation item. Core item
includes both of the following:

(i) An item that usually relates to general
sanitation, operational controls, sanitation standard operating procedures
(SSOPs), facilities or structures, equipment design, or general maintenance.

(ii) The requirements of sections 2129(2) and
6152(1).

(j) “Cottage food operation” means a person who produces or
packages cottage food products only in a kitchen of that person’s primary
domestic residence within this state.

(k) “Cottage food product” means a food that is not a food
that is time/temperature control for safety, as that term is defined in the
food code. Cottage food product includes, but is not limited to, jams, jellies,
dried fruit, candy, cereal, granola, dry mixes, vinegar, dried herbs, and baked
goods that do not require temperature control for safety. Cottage food product
does not include any of the following:

(i) Any food regulated under 21 CFR parts
108, 113, and 114, including salsa.

(ii) Canned low-acid fruits or acidified
vegetables.

(iii) Other canned foods except for
standardized jams, jellies, and preserves as described in 21 CFR part 150.

(iv) Meat and poultry products.

(v) Milk products.

(vi) Bottled water and other beverages.

(vii) Home-produced ice products.

(2) An added poisonous or deleterious substance, food
additive, pesticide chemical in or on a raw agricultural commodity, or color
additive is considered unsafe for the purpose of subsection (1)(a), unless
there is in effect a federal regulation or
exemption from regulation under the federal act, the federal meat inspection
act, 21 USC 601 to 683, the poultry products inspection act, 21 USC 451
to 472, or another federal statute, or a rule limiting the quantity of the
substance, and the use or intended use of the substance, and the use or
intended use of the substance conforms to the terms prescribed by the federal
regulation or exemption or rule.

Sec.
1111. As used in this act:

(a) “Raw agricultural commodity” means any food in its raw or
natural state including fruits that are washed, colored, or otherwise treated
in their unpeeled natural form before marketing.

(b) “Regulatory authority” means the department, local health
department, or authorized representative having jurisdiction over the food
establishment.

(c) “Retail food establishment” means an operation that sells
or offers to sell food directly to a consumer. Retail food establishment
includes both a retail grocery and a food service establishment, but does not
include a food processor.

(d) “Retail grocery” means an operation that sells or offers
to sell food to consumers for off-premises consumption. Food for off-premises
consumption does not include take-out food intended for immediate consumption.

(e) “Rules” means administrative rules promulgated under this
act in accordance with the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.

(f) “Shellfish dealer” means an interstate wholesaler
handling shellfish.

(g) “Shellfish dealer certification” means the issuance of a
numbered certificate to a person that indicates that the person is in
compliance with the requirements of the guide for the control of molluscan
shellfish and has permission from the department to conduct 1 or more of the
following shellfish activities, as defined in the guide for the control of
molluscan shellfish:

(i) Shellstock shipper.

(ii) Shucker packer.

(iii) Repacker or reshipper.

(h) “Smoked fish rules” means R 285.569.1 to R 285.569.19 of
the Michigan Administrative Code.

(i) “Special transitory food unit” means a temporary food
establishment that is licensed to operate throughout the state without the
14-day limits or a mobile food establishment that is not required to return to
a commissary.

(j) “Staple foods” does not include accessory foods such as
coffee, tea, cocoa, soda, noncarbonated drinks such as sports 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.

(k) “Sulfiting agents” means any of the following:

(i) Sulfur dioxide.

(ii) Sodium sulfite.

(iii) Sodium bisulfite.

(iv) Potassium bisulfite.

(v) Sodium metabisulfite.

(vi) Potassium metabisulfite.

(l) “Temporary food establishment” means a
food establishment that operates at a fixed location for a temporary period not
to exceed 14 consecutive days.

(m) “Temporary license” means a written authorization issued
by the director to operate for a specified limited time period.

(n) “Third-party food delivery platform” means a business
engaged in the service of delivery from a cottage food operation or online food
ordering and delivery from a food service establishment to a consumer.

(o) “Transient tenant” means an individual who rents a room
in a bed and breakfast for fewer than 30 consecutive days.

(p) “Trimming” means removing leaves, roots, and other
extraneous materials in preparation for grading, sorting, and sale as a whole
fruit or vegetable. Trimming does not remove the peel or core and does not
further cut the whole fruit or vegetable.

(q) “U.S. standards for shell eggs” means “United States
Standards, Grades, and Weight Classes for Shell Eggs”, AMS 56 (July 20, 2000),
United States Department of Agriculture.

(r) “Vending company base location” means a vending machine
location or other food establishment required to be separately licensed under
section 4105(5).

(s) “Vending machine” means a self-service device that, after
inserting a coin, paper currency, token, card, or key, or by manual operation,
dispenses a unit serving of food in bulk or in a package without the necessity
of replenishing the device between each vending operation. Vending machine does
not include any of the following:

(i) A device that dispenses only bottled or
canned soft drinks, other packaged nonperishable foods or beverages, or bulk
ball gum, nuts, or panned candies.

(ii) A water dispensing machine that is
registered under section 4115.

(t) “Vending machine location” means the room, enclosure,
space, or area in which 1 or more vending machines are installed and operated,
or a micro market.

(u) “Wholesale” means selling other than directly to
consumers.

(v) “Wild game” means animals from their natural state and
not cultivated, domesticated, or tamed.

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 part 110 or the food code.

(2) Cottage food products must be prepackaged and properly
labeled before sale.

(3) A cottage food operation shall place on the label of any
food it produces or packages the following information:

(a) One of the following, as applicable:

(i) The name and address of the business of
the cottage food operation.

(ii) The name, telephone number, and
registration number issued under subsection (8) 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 and rural development.”.

(4) Except as otherwise provided in this subsection, a
cottage food product must be sold directly from the cottage food operation to
the consumer. Sales by consignment or at wholesale are prohibited. 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 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. A cottage food
product sold by internet or mail order or delivered through a third-party
delivery platform must be sold or delivered only to a consumer in this state.
As used in this subsection:

(a) “Directly interact with” includes either a face-to-face
meeting or a virtual meeting.

(b) “Virtual meeting” includes, but is not limited to, a
meeting in which communication occurs electronically in a manner that permits
2-way communication so that participants can see or be seen and hear or be
heard by all parties to the communication.

(5) Except as otherwise provided in this subsection, the
gross sales of cottage food products by a cottage food operation must not
exceed $50,000.00 annually until October 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 October 1, 2026. For the purposes of this
subsection, gross sales must be computed on the basis of the amount of gross
sales on a per-person basis within or at a particular domestic residence. The
department may request in writing documentation to verify the annual gross
sales figure. 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 multiplying the sales limit in effect during the
immediately preceding fiscal year by the inflation adjustment factor and
rounding to the nearest whole dollar. The inflation adjustment factor used
under this subsection is equal to the 3-year average July-June Consumer Price
Index for the current fiscal year divided by the 3-year average July-June
Consumer Price Index for the immediately preceding fiscal year, as determined
by the department of treasury using the Detroit Consumer Price Index. An
inflation adjustment factor used under this subsection must not be less than
$1.00. As used in this subsection, “Detroit Consumer Price Index” means the
most comprehensive index of consumer prices available for the
Detroit-Warren-Dearborn area from the Bureau of Labor Statistics of the United
States Department of Labor.

(6) Cottage food products must 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.

(8)
If the MSU Product Center administers a registration program for cottage food
operations, the records of which must be available to the department on
request, a cottage food operation may register with the MSU Product Center. The
MSU Product Center may do both of the following:

(a)
Issue a document that evidences the granting of registration and contains an
identifying number unique to a cottage food operation.

(b)
Collect a 1-time registration fee of not more than $50.00 to administer the
registration program.

(9)
A cottage food operation that registers with the MSU Product Center under
subsection (8) shall include on the label described under subsection (3) the
registration number issued to the cottage food operation. A cottage food
operation that does not register with the MSU Product Center under subsection
(8) shall include on the label described in subsection (3) the name and address
of the cottage food operation.

(10)
Information obtained under subsection (8) is exempt from disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor