Food Service Sanitation Program / Frequently Asked Questions

 

Do I need a license to prepare and sell food to the general public?

Yes.   With a few exceptions, the state Food Law, Act 92, prohibits a person from operating a food service establishment unless licensed and inspected by the designated regulatory authority.

But I am only selling beverages, do I still need a license?

Yes.   Food is as anything that can be consumed by humans which includes beverages and ice.

But I am giving the food/beverage away, do I still need a license?

Yes.  The requirements of the Food Law remains the same.  Food/beverage offered to the public must be stored, prepared and handled in the same safe manner whether it is sold or given away.

I want to start a home-based catering/bakery/confectionary business, what do I need to do?

Private homes can not be licensed as a food service establishment.  The FDA Food Code states:  “A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishment operations.”

In addition, room finishing materials and equipment must be commercial grade and meet specific construction, durability and cleaning requirements.

Who is my licensing and regulatory agency?

Licensing and regulatory responsibilities are divided between the local health department and the Michigan Department of Agriculture based on the overall operation of the business. 

Generally a grocery store, convenience store, market, bakery, butcher shop, candy store, produce store, processing plant, repackaging operation, food warehouse, farmers' market and state/county fair concession fall under the jurisdiction of the Michigan Department of Agriculture.

Businesses that primarily prepare or serve food for immediate consumption such as a restaurant, cafeteria, sandwich shop, coffee shop, pizza delivery, bar, brewpub, caterer, rental hall, ice cream shop, hot dog stand, catering truck, special event food vendor, and a vending machine operation are regulated by the local health department. 

Additional information can be found on the Michigan Department of Agriculture website at http://michigan.gov/mda/0,1607,7-125-1569_16958_16974-53792--,00.html

How long will it take for my plans to be reviewed?

The actual length of time varies but will not exceed 30 days.  Plans are reviewed in the order they are received by this department.  The more completely the application is filled out and all supplemental documentation provided, the quicker the plan review specialist can grant approvals.

I am buying an existing restaurant, can I use their license?

No.  Food service licenses are issued to a specific owner and to a specific address therefore are not transferable to another person or to another location.  

Can I operate my catering business out of an existing licensed facility?

Depending on the complexity of the operation, the frequency of use, and the amount of food prepared this may or may not be permitted.   Please contact the Macomb County Health Department to determine licensing requirements.

 

Questions?

If you have any questions, call us at 586-469-5236, Monday-Friday, 8:30 a.m. - 5:00 p.m. or E-mail us now