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Exemptions

Food Establishment License
Exemptions

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.

Who is exempt from a license?

Any food business that does not fit into the defined exemptions provided in sections 4102, 4105, or other food law sections must be licensed. 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.

  • Cottage food operations

    A cottage food operation that sells allowable, properly labeled home-made food directly to Michigan consumers, does not need a license as long as it is never sold wholesale or on consignment and does not exceed gross sales limits. Become a cottage food operation.

  • Businesses already licensed under another law

    Businesses already licensed under certain Michigan laws (Grain dealers, certain farm product acts, Grade A milk law, Manufacturing milk law, Michigan blind and visually disabled persons act) do not need another license. Learn more about other acts that might cover your firm.

  • Only whole, uncut fresh fruits and vegetables

    People offering only whole, uncut fresh fruits and vegetables directly to consumers do not need a license.

  • Nonprofit groups from regulated sources

    Consumer nonprofit groups providing food from regulated sources only for their own members (not the public) do not need a license. Nonprofit grower or producer cooperatives selling only unprocessed products of their own production from regulated sources do not need a license.

  • Honey and maple syrup from licensed facilities

    Retailers selling their own prepackaged honey or maple syrup, if it’s made in Michigan, you run your retail shop, and your processing facility is licensed, do not need an additional license. Learn more about selling maple syrup and honey.

  • Honey and maple syrup under cottage food exemptions

    Honey or maple syrup retail sellers or processing facilities with gross sales that do not exceed the limitation for cottage food products do not need a license. Learn about cottage food exemption limits.

  • Temporary food stands

    Temporary food stands with no food preparation using only single‑use items and selling only safe, non‑hazardous foods do not need a license. Examples include beer tents, soft drink stands, or snack bars at school sporting events.

  • Prepackaged food in incidental amounts

    Retail stores that only sell prepackaged, non‑potentially hazardous foods in incidental amounts do not need a license. Examples of exempt firms may include a hardware store, sporting goods store, or toy store selling only packaged food that doesn't require refrigeration.

  • Ice cream trucks selling prepackaged frozen treats

    Mobile trucks, like ice‑cream trucks, selling only prepackaged frozen treats do not need a license.

  • Closed event with limited food for advertising

    A private food industry trade association event that is closed to the public and only prepares limited food for advertising, display, or sampling does not need a license.

  • Fishing guides for a small group

    Commercial fishing guides serving food to less than 12 clients do not need a license.

  • Vending machine for packaged foods and drinks

    A vending machine that only dispenses canned or bottled sodas, packaged nonperishable snacks, or bulk items like gum, nuts, and candy does not need a license.

  • Emergency operations

    Emergency or disaster feeding operations do not require a license.

  • Warehouse storing your own uncut fruits and vegetables

    A warehouse or processing facility does not need a license if you only store, wash, sort, pack, and chill uncut fruits or vegetables primarily grown by you, as long as any added produce is similar to yours and the food does not require temperature control for safety.

  • Small scale egg producers

    Producers that sell eggs if you raise fewer than 3,000 hens, only sell them directly to consumers or first-stage egg handlers, avoid all internet, mail-order, and consignment sales, and properly label every container do not need a license.

Licensed Under Other Acts

Some firms may be licensed under other specific dairy or agricultural 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.  

Activity Licensed under this act
Selling farm commodities on commission Act 184 of 1913
Dairy manufacturing plant Act 222 of 1913 (Replaced with Manufacturing Milk Law of 2001 Act 267)
Grain dealer Act 141 of 1939
Controlled atmosphere storage facility Act 228 of 1959
Wholesale potato dealer Act 158 of 1964
Fluid milk plant or receiving station Act 233 of 1965 (Replaced with Grade A Milk Law of 2001 Act 266)
Frozen dessert manufacturer Act 298 of 1968
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