Food Establishment Licensing General Information

Looking for information for a food establishment, such as a retail grocery store, gas station, convenience store?

Beginning Questions and Answers

Who needs a license to sell food?

A food establishment license is required in almost all instances where food is commercially handled or served to the general public.

A food establishment license is required in almost all instances where food is commercially handled or served to the general public. Even the giving of food to the general public is included. The Michigan Food Law of 2000 requires the licensing of any person or firm that processes, packs, cans, preserves, freezes, fabricates, stores, prepares, serves, sells, or offers food for sale. Some businesses are exempt: for those selling low-risk items, such as prepackaged foods, exemptions may apply.

Find more information on Food Establishment Licensing.

Licensing FAQ, Fees and Application

Food Establishment Licensing Details, FAQ, and Step-by-Step Guide

License Type Guide with Associated Fees

Michigan Food Establishment License Application: This application form applies to food establishments licensed by the Michigan Department of Agriculture and Rural Development. For more information as to where particular establishments are licensed, see the article, "Determine Which Agency to Contact".

License Expiration Dates

• All licenses (except temporaries) expire on April 30 each year and must be renewed 30 calendar days before they expire.
• New license applications must be submitted 30 days in advance. This includes a change of ownership.
• Late fees will be assessed if a license renewal is postmarked May 1 or later. New firms must also pay late fees if its operations begin prior to submitting an application. Late fees are $150.
• Temporary food establishments are only allowed to operate for a period up to 14 consecutive days and are issued a temporary license for a specified, limited time period.

Renewals

You can renew your license through the MiLogin license system.

Other Considerations
Change of Ownership, Fair Licensing and STFUs

List of Food License Exemptions - Does your business qualify?

Some firms do not require a food establishment license but are still subject to inspection by MDARD or local agencies.

The Food Law of 2000 establishes license exemptions that could affect your business. The law exempts retail businesses that sell only incidental amounts of food already packaged and "not potentially hazardous." "Not potentially hazardous" foods include canned goods, dry goods, candy, and other low risk packaged food items. However, if you sell milk, sandwiches, meat, eggs, frozen dinners or other similar perishable food, you still are required to obtain a license.

The Michigan Department of Agriculture & Rural Development (MDARD) has the authority to determine if a business requires a license, so it's best to check if you think you are exempt. Examples of exempt firms may include a video store, hardware store, gift shop, sporting goods store, home improvement center, toy store, clothing store, or card shop selling only packaged food that doesn't require refrigeration.

Licensing Exemptions

The following firms do not require a food establishment license but are still subject to inspection by MDARD or local agencies. It's a good idea to call MDARD at 1-800-292-3939 to verify if you think you are exempt from a food establishment license.

• Produce stands selling only whole, uncut, fresh fruits and vegetables.
• Bake sales or potlucks run by a charitable, religious, fraternal or other non-profit organization and serving only home-prepared foods.
• Non-profit cooperatives.
• Retail outlets for the sale of prepackaged honey or maple syrup produced in Michigan if the outlet is operated by the producer and the processing facility is licensed under this act. Both retail outlets and processing facilities are exempt from licensure under this act for producers with gross sales less than $50,000 yearly, however, $75,000 is allowable if the maple syrup or honey operation sells products at a price of $250 or more per unit. In such case, the honey and maple syrup shall have required labeling as described in section 4102(3) of the Michigan Food Law.
• Vending machines dispensing only packaged soft drinks or candy.
• Fishing guide service serving lunch to 12 clients or less.
• Temporary establishments with no food preparation using single-service articles and serving only non-potentially hazardous food or beverage. Examples include beer tents, soft drink stands, or snack bars at school sporting events.
• A temporary, satellite, serving location of a licensed food service establishment where no food is prepared, and food is served by the employees.
• Retail businesses selling only pre-packaged, non-potentially hazardous foods in incidental amounts.
• Some firms licensed under other specific dairy or agricultural acts.
• Certain bed and breakfast operations.
• Cottage food producers

Country of Origin Labeling: What Businesses Need to Know

In January 2009, the U.S. Department of Agriculture (USDA) announced details of the final regulation for the mandatory country of origin labeling (COOL) program required by the 2002 and 2008 farm bills, and published the full text of the final rule in the Federal Register. The rule took effective on March 16, 2009. Copies of the final rule and additional information are available at http://www.ams.usda.gov/COOL.

The rule covers:

• muscle cuts and ground beef, lamb, chicken, goat and pork
• wild and farm-raised fish and shellfish
• perishable agricultural commodities (specifically fresh and frozen fruits and vegetables)
• macadamia nuts
• pecans
• ginseng
• peanuts

Commodities covered under country of origin labeling (COOL) must be labeled at retail to indicate its country of origin. For fish and shellfish, the method of production—wild or farm-raised—must be specified. Commodities are excluded from mandatory COOL if the commodity is an ingredient in a processed food item.

Which agency to contact

Who should I contact? Where are particular establishments licensed?

There is a separate section for dairy-related businesses. Jump to Dairy-related Businesses

New Business Information Packet

Applying online with the Licensing Portal System, plan review checklist, food labeling guide, food testing service labs, water testing application and wastewater system testing application.

• New Business Information Packet
• Paquete en Español
• Packet in Chinese
• Packet in Arabic

Do I Need a Plan Review?

Some establishments may be required to submit plans and specifications to the licensing agency.

An application for a food establishment license must be submitted to the appropriate regulatory agency at least thirty days before a new food business opens. An inspection must be conducted before a license can be issued. Keep in mind that some establishments may also be required to submit plans and specifications to the licensing agency. These plans must be approved prior to construction or remodeling! The agency conducting the plan review must complete the review within 30 days. Plan review fees vary among local health departments. The following establishments are required to submit plans for review and approval:

• A food service establishment (local health departments - fees vary).
• An extended retail grocery (mandatory Plan Review).
• A special transitory food unit (local health departments or Michigan Department of Agriculture & Rural Development (MDARD) - fees vary).
• Other MDARD licensed retail establishments are encouraged to utilize MDARD plan review services at no added cost. (These fees have already been built into the license fees.)

> Food Plan Review Information: Submission Instructions, Application, Worksheet, Manual

Licensed Under Other Acts

Persons licensed under the following acts do not require a food-establishment license as long as they limit their activities to those for which they are licensed. 

Public Act - Activity

Other Agencies

FDA

Food & Drug Administration Superintendent of Documents
1560 East Jefferson Avenue U.S. Government Printing Office
Detroit, MI 48207 Washington, D.C. 20402
313-226-6260 or 202-783-3238 

USDA — MEAT & POULTRY INSPECTION OFFICES

Pickerington Area Office
155 East Columbus Street
Pickerington, OH 43147
614-833-1405 

Springfield Area Office
511 West Capitol, Suite 201
Springfield, IL 62704
217-492-4500 

Chicago Area Office
1920 South Highland, Room 106
Lombard, IL 60148
708-620-7474