Michigan Compiled Laws

Mich. Comp. Laws § 289.4101 (2026)

Food establishment license; scope.

✓ current as of July 2026

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FOOD LAW

Act 92 of 2000

289.4101 Food establishment license; scope.

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.

History: 2000, Act 92, Eff. Nov. 8, 2000 ;-- Am. 2007, Act 113, Eff. Apr. 1, 2008 ;-- Am. 2010, Act 112, Imd. Eff. July 12, 2010

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."

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2023–2025 · leading case: Michigan Dept of Agric. & Rural Dev. v. Zante Inc (Mich. Ct. App. 2023).

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Michigan Dept of Agric. & Rural Dev. v. Zante Inc (Mich. Ct. App. 2023). “, mandates that restaurants maintain a valid food license to operate, MCL 289.4101, and empowers local health departments to inspect restaurants for compliance with public health rules and regulations.”

In Re Contempt of Marlena Pavlos-Hackney (Mich. Ct. App. 2025). “, mandates that restaurants maintain a valid food license to operate, MCL 289.4101, and empowers local health departments to inspect restaurants for compliance with public health rules and regulations, MCL 289.”

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