The Michigan Department of Agriculture and Rural Development administers all licenses for all food service establishments located in Michigan through the Local Health Departments.

A "Food service establishment" means a fixed or mobile 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, food concession, or similar 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. Food service establishment does not include any of the following:

(i) A motel that serves continental breakfasts only.

(ii) A bed and breakfast that has 10 or fewer sleeping rooms, including sleeping rooms occupied by the innkeeper, 1 or more of which are available for rent to transient tenants.

(iii) A bed and breakfast that has at least 11 but fewer than 15 rooms for rent, if the bed and breakfast serves continental breakfasts only.

(iv) A child care organization regulated under 1973 PA 116, MCL 722.111 to 722.128, unless the establishment is carrying out an operation considered by the director to be a food service establishment.

A. NAME OF PERMIT OR APPROVAL:

Food Service License

B. STATUTORY AUTHORITY:

Food Law of 2000 as amended

C. APPLICABLE REGULATION:

No administrative rules or regulations.

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

Any person engaged in activity as a "Food service establishment" requires a license. A "Food Service Establishment" means a fixed or mobile 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, food concession, or similar 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. Food service establishment does not include any of the following:

(i) A motel that serves continental breakfasts only.

(ii) A bed and breakfast that has 10 or fewer sleeping rooms, including sleeping rooms occupied by the innkeeper, 1 or more of which are available for rent to transient tenants.

(iii) A bed and breakfast that has at least 11 but fewer than 15 rooms for rent, if the bed and breakfast serves continental breakfasts only.

(iv) A child care organization regulated under 1973 PA 116, MCL 722.111 to 722.128, unless the establishment is carrying out an operation considered by the director to be a food service establishment.

 2.  Pre-Application Requirements

A plan review is required for all food service establishments. For new establishments it is prudent to contact the Local Health Department with jurisdiction over your facility as soon as possible. Please review the Locations for Local Health Departmentslink to identify which local health department to contact.

Become familiar with the Michigan Food Law (MFL) and the standards it adopts that are specific to your type of food establishment. For example a restaurant owner should know, understand and be in compliance with the Michigan Food Law and the 2005 Federal Food Code. If they plan to engage in the manufacturing of food in their restaurant, they should also know and understand the appropriate parts of the Codes of Federal Regulations (CFR) that apply to their processing, for example the MFL adopts, 21 CFR part 110, or 21 CFR part 113 for the manufacturing of Low Acid Foods.

 3.  Application Submission Requirements

After completion of plan review as required, the applicant should continue to work with their Local Health Department to complete the application and determine the appropriate fees.

 4.  Procedures and Time-Frame for Obtaining Permit or Approval

• Complete plan review.

• Submit a completed, signed license application with appropriate fees to the Local Health Department.

• Submission should be 30 days prior to planned opening date to allow for processing of application, in conjunction with completetion of the plan review process.

• Prior to opening an onsite inspection of the facility must be completed by the Health Inspector responsible for the facility.

 5.  Operational Requirements

Awareness, knowledge and compliance with the Michigan Food Law and the standards it adopts.

For a restaraunt they should be able demonstrate knowledge and compliance with the Michigan Food Law and the 2005 Federal Food Code.

For a restaurant that is also operating as a food manufacturer they should also be able to demonstrate knowledge of the Michigan Food Law and the appropriate Codes of Federal Regulations (CFR) it adopts which applies to the operations of the firm. For example a Low Acid Food manufacturer should be able to demonstrate knowledge and compliance with the Michigan Food Law, Title 21 CFR part 110 and 113 at a minimum.

 6.  Fees

Are determined by the appropriate Local Health Department: Locations for Local Health Departments

 7.  Appeal Process

If a firm is denied licensure they may appeal that decision in accordance with the Michigan Adminstrative Procedures Act, 1969 PA 306.

 8.  Public Input Opportunities

Complaints or comments related to a firm may be filed with appropriate Local Health Department at any time by contacting your Locations for Local Health Departments. The complaints are investigated and if they are validated through a finding of a violation then this would be considered in the decision-making process.

E. Contact Information:

Contact Us

Creation/Revision Date:

09/01/2010