Mich. Comp. Laws » Michigan Compiled Laws / Chapter 333 / Act 368 of 1978
Michigan Compiled Laws

Mich. Comp. Laws § 333.2441 (2026)

Adoption of regulations; purpose; approval; effective date; stringency; conflicting regulations.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.2441 Adoption of regulations; purpose; approval; effective date; stringency; conflicting regulations.

Sec. 2441.

    A local health department may adopt regulations necessary or appropriate to implement or carry out the duties or functions vested by law in the local health department. The regulations shall be approved or disapproved by the local governing entity. The regulations shall become effective 45 days after approval by the local health department's governing entity or at a time specified by the local health department's governing entity. The regulations shall be at least as stringent as the standard established by state law applicable to the same or similar subject matter. Regulations of a local health department supersede inconsistent or conflicting local ordinances. .

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 76, Imd. Eff. Apr. 7, 1986 ;-- Am. 2010, Act 72, Imd. Eff. May 13, 2010

PopularName Notes:

Act 368
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1981–2022 · leading case: McNeil v. Charlevoix Cnty., 772 N.W.2d 18 (Mich. 2009).
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McNeil v. Charlevoix Cnty., 772 N.W.2d 18 (Mich. 2009). · cites it 42× “At issue in this case is whether MCL 333.2441(1) authorizes a local health department to create, and a county board of commissioners to approve, regulations that control smoking in the workplace.”
McNeil v. Charlevoix Cnty., 741 N.W.2d 27 (Mich. Ct. App. 2007). · cites it 6× “2435(d), or regulations that “are necessary or appropriate to implement or carry out the duties or functions vested by law in the local health department,” MCL 333.2441(1). See also MCL 333.2433(2)(a) (which provides that a local health department “shall.”
Mcneil v. Charlevoix Cnty., 759 N.W.2d 644 (Mich. 2008). · cites it 2× “The application is GRANTED as to the remaining parties. The parties shall consider: (1) whether the local health department or the county board of commissioners, the entity vested with final authorization of the regulation, MCL 333.”
Patrick Flynn v. Ottawa Cnty. Dep't of Pub. Health (Mich. Ct. App. 2022). · cites it 6× “) MCL 333.2441 provides the procedure that a local health department must follow to effectively adopt a regulation: A local health department may adopt regulations necessary or appropriate to implement or carry out the duties or functions vested by law in the local health…”
People v. Mouradian, 314 N.W.2d 494 (Mich. Ct. App. 1981). “See MCL 333.2441; MSA 14.15(2441). 2 Furthermore, the record as it currently exists strongly suggests that defendant was well aware of the fact that his rotary furnaces came within the scope of the regulation.”
McNeil v. Charlevoix Cnty., 743 N.W.2d 55 (Mich. 2008). “On order of the Court, the application for leave to appeal the June 5, 2007 judgment of the Court of Appeals is considered and, on the Court's own motion pursuant to MCR 7.”
— Mich. Comp. Laws § 333.2441(1) — 4 cases
McNeil v. Charlevoix Cnty., 772 N.W.2d 18 (Mich. 2009). “At issue in this case is whether MCL 333.2441(1) authorizes a local health department to create, and a county board of commissioners to approve, regulations that control smoking in the workplace.”
McNeil v. Charlevoix Cnty., 741 N.W.2d 27 (Mich. Ct. App. 2007). “2435(d), or regulations that “are necessary or appropriate to implement or carry out the duties or functions vested by law in the local health department,” MCL 333.2441(1). See also MCL 333.2433(2)(a) (which provides that a local health department “shall.”
Mcneil v. Charlevoix Cnty., 759 N.W.2d 644 (Mich. 2008). “The application is GRANTED as to the remaining parties. The parties shall consider: (1) whether the local health department or the county board of commissioners, the entity vested with final authorization of the regulation, MCL 333.”
McNeil v. Charlevoix Cnty., 743 N.W.2d 55 (Mich. 2008). “On order of the Court, the application for leave to appeal the June 5, 2007 judgment of the Court of Appeals is considered and, on the Court's own motion pursuant to MCR 7.”
— Mich. Comp. Laws § 333.2441(2) — 2 cases
McNeil v. Charlevoix Cnty., 772 N.W.2d 18 (Mich. 2009). “At issue in this case is whether MCL 333.2441(1) authorizes a local health department to create, and a county board of commissioners to approve, regulations that control smoking in the workplace.”
McNeil v. Charlevoix Cnty., 741 N.W.2d 27 (Mich. Ct. App. 2007). “2435(d), or regulations that “are necessary or appropriate to implement or carry out the duties or functions vested by law in the local health department,” MCL 333.2441(1). See also MCL 333.2433(2)(a) (which provides that a local health department “shall.”
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