Food Service Licensing Details & FAQ

1. What is a Food Service Establishment?
   

   Category	Definition
   Temporary	A temporary food service establishment is a food service establishment which operates at a fixed location for a temporary period of time not to exceed two weeks.
   Fixed	A fixed food service establishment is a facility that is a permanent location. This is an operation where food or drink is prepared for direct consumption through service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public.
   Mobile	A mobile food service establishment means a food service establishment operating from a vehicle, trailer, or watercraft which is not fully equipped for full food service and, therefore, must return to a licenses commissary at leave once every 24 hours for servicing and maintenance. The commissary license number must be recorded in the appropriate place in order for a mobile service establishment license application to be processed.
   Vending Machine Location	A vending machine location is a room, enclosure, space, or area where one or more vending machines are installed and operated. Where there are multiple vending machine locations in a building, each shall be licensed separately.
   STFU	A special transitory food unit (STFU) is a temporary food establishment 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.

   
   
2. Where are Food Service licenses obtained?

   Food Service establishments are licensed via local/county health departments who are empowered to set their own fees. For most questions licenses for these establishments, you should contact your local or county health department.

3. What laws govern Food Service Licensing?

   The Michigan Food Law of 2000 and the 2005 FDA Food Code are the two documents that govern the licensing of food service establishments within the State of Michigan.

   The FDA Food Code provides model standards for retail food establishments (restaurants, grocery, and convenience stores) which promote uniformity across state lines and also reflects initiatives and strategies recommended by national food safety organizations such as the Conference for Food Protection, etc.

   The Michigan Food Law 2000 is the state statute that gives the model Food Code the force and effect of law. It also provides the Michigan Department of Agriculture (MDA) essential powers, authorities, duties, and penalties to administer the program. In addition, since the Michigan Food Law of 2000 regulates all food establishments in the State of Michigan, it provides standards and requirements for wholesale facilities and processing plants not covered by the Food Code.

4. How can establishments get copies of the new laws and regulations?

   Copies of the two may be obtained by downloading them from the MDA website, www.Michigan.gov/mda. Copies of the Food Code may also be downloaded from the FDA website, www.fda.gov. The MDA is also printing copies of the Food Law, Food Code, and adopted federal regulations. Single copies are available free upon request. Newly licensed retail firms will receive a copy of the Food Code with their license application or first license.

5. How do I obtain an application to apply for a Food Service license?

   New establishments, those experiencing a change of ownership, establishments which have undergone a change in physical location or those desiring a change of license type may download an application from the MDA website or contact your local county health department. Previously licensed facilities will receive a pre-printed renewal application form each spring.

6. Do I require a plan review prior to licensing?

   Fixed establishments, mobile units, vending machine locations or special transitory food units, if new, require a plan review prior to licensing. Plan reviews can be requested through the local county health department. Temporary Food Service licenses require an on-site inspection by local county health departments once the establishment is ready to operate so applications should be made at least 30 days prior to the event. Local county health departments will issue the actual operating permit at the time of inspection.

7. What licenses are available and what fees are associated with them? 
   
   

   E.1	Food Service Establishment	Fee set by local health dept.
   	A place in which food or drink is prepared for direct consumption through service on the premises or elsewhere and any other eating or drinking establishment or operation where food is served or provided for the public. Examples include a fixed restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, drive-in, industrial feeding establishment, private organization serving the public, rental hall, catering kitchen, delicatessen, theater, commissary, or similar business.
   E.2	Mobile Food Service Establishment	Fee set by local health dept.
   	A catering truck or other food service establishment operating from a vehicle or watercraft that returns to a licensed commissary for servicing and maintenance at least once every 24 hours.
   E.3	Temporary Food Service	Fee set by local health dept.
   	A food service establishment which operates at a fixed location for a temporary period not to exceed 14 consecutive days. Example: concession stands at festivals and events.
   E.4	Mobile Food Establishment Commissary	Fee set by local health dept.
   	An operation that is capable of servicing a mobile catering food establishment.
   E.5	Vending Machine	Fee set by local health dept.
   	A self-service device offered for public use that, upon activation by a coin, token, card, key, or paper currency, dispenses unit servicing of food or beverages without the necessity of replenishing the device between each vending operation. Vending machine does not include any of the following: A device that dispenses only bottled or canned soft drinks; other packaged nonperishable foods or beverages; or bulk ball gum, nuts, and panned candies. A water-dispensing machine that is registered by the Michigan Dept. of Agriculture.

   
   
8. What about Fair Licensing and STFUs?

   The Michigan Food Law of 2000 changes how fair concessions are licensed. In the past, one license was needed to operate at multiple state or county fairs. Now, concessions must obtain a temporary license for each fair and notify MDA prior to operating at each site.

   An option exists for concessionaires who go to many fairs. It is called a Special Transitory Food Unit (STFU) license. Special requirements to obtain this license include submitting and following standard operating procedures and obtaining a plan review. The license fee is set at $135 whether it is obtained from a local health department or MDA. Plan review fees vary among health departments and MDA's plan review fee is $197. The STFU license allows the operator to travel to any fair, festival or event throughout the state under one license. The operator must also obtain at least two fee inspections during the year from MDA or a local agency. The fee is $90 per inspection.