Licensing

Frequently Asked Questions

Do I need a food license?

If you are serving food or drink to the public, you need a license. Per the Michigan Food Law, Act 92 of 2000, as amended, the following establishments are exempt from Food Service licensure in Michigan:

A hotel, motel, or bed and breakfast that serves continental breakfasts only.
A bed and breakfast that has 10 or less sleeping rooms for rent.
A child care organization, unless the establishment is operating in a way that is considered by the director to be food service.
A person offering whole, uncut fresh fruits and vegetables directly to consumers.
A temporary food establishment with no food preparation using only single-service articles and serving only pre-packaged, non-potentially hazardous food or beverage.
Ice cream trucks that offer only prepackaged, single-serving frozen desserts.
Feeding operations in response to a disaster.
Non-profit organizations serving home prepared food in conjunction with a fundraiser.
Churches serving food to a closed group within the church (e.g., deacons, church choir, or a specific committee). If you can bring a friend, it’s not exempt.
A temporary food establishment with no food preparation, using only single service articles and serving only pre-package, non-potentially hazardous food and beverage.

All other facilities serving food to the public require a license. If you have questions about whether or not your facility or event is exempt from licensure, please call DHD#10 to find out further information.

What are the different types of food licenses issued by a local health department?

Fixed Food Service

Restaurants, bars, catering kitchens, fraternal organizations open to the public, churches serving the public and school.
Licenses expire April 30th
Licenses are non transferable

Seasonal Food Service (operating 9 months or less)

Ice cream shops, golf courses and some schools that do not offer summer programs.
Fixed food service with limited menu (popcorn, hand dipped ice cream, fountain pop, coffee, and/or soft pretzel or a satellite facility with no food preparation.

Incidental / Rarely Used

Rarely used. Examples: Movie theatres, concession stands. Some schools where food is only delivered from a larger kitchen and served only.

Transitory Food Service Establishment (STFU) - Trucks/Trailers

Licensed Food Truck

Can move and operate anywhere throughout the State of Michigan.
Must provide a Notice of Intent and obtain two paid inspections throughout the year.

Mobile Food Service Unit

Mobile Commissary

Temporary Food License

View our Festivals & Other Outdoor Events page to learn more

NOTE: All licenses issued are NON-TRANSFERABLE and expire April 30 of every year. Late fees will be assessed if a license renewal is postmarked May 1 or later.

What law(s) must food establishments follow?

All food service establishments in Michigan must comply with the Michigan Food Law, Act 92 of 2000, as amended. The Michigan Food Law adopted the FDA Food Code of the U.S. Food and Drug Administration as the sanitation standard for all Michigan food establishments. The specific edition of the Food Code may change over time as changes are made to Act 92. Refer to Act 92 to reference which version of the Food Code is currently adopted.

I’m only serving food at private events (e.g., open houses, family parties, and weddings). Do I need a license? Do you license people (e.g., caterers)?

Yes. These events are closed but are not private; unless they are only for your own family, friends, or co-workers. A license is not required if the private event is for your family, friends, or co-workers (e.g., a mom cooking an open house meal or an uncle cooking for a wedding).

Can I transfer my food license to someone else?

Food service licenses are not transferable to new owners or new locations. When the ownership of a food establishment will be changing hands, the new owner must apply for a new license. It is important to know that a new license will not be issued until an inspection takes place and a plan review has been completed, if applicable. Applications must be made at least 30 days in advance of any change to allow time for inspection and processing. Often questions arise asking what constitutes an ownership change. Here are some examples to assist you in determining if an ownership change has occurred:

Corporation name change only? No
Same corporation but change in corporate officers? No
New partner in a partnership? Yes
Change in type of ownership (from one to another, i.e. individual, partnership, joint tenant, or corporation)? Yes

How do I license my restaurant?

Please review the Plan Review packet for more information about licensing restaurants.

How often is a food service establishment inspected?

All food service establishments have regular routine inspections. Inspections are once every six months for year round establishments. Seasonal establishments (nine or less months of operation per year) are inspected once per year. Routine inspections through District Health Department #10 are generally unannounced. One or more follow-up inspections may take place shortly after a routine inspection to verify correction of violations.

Are all violations the same?

There are three categories of Food Code violations – priority violations, priority foundation violations and core violations. Inspectors also cite Michigan Food Law violations.

Priority Violations – The highest risk violations which are directly related to an increased risk of foodborne illness. Examples – improper handwashing, unsafe food temperatures
Priority Foundation Violations – Violations that can create a high risk (Priority) violation. Examples – lack of soap at a hand sink, no calibrated thermometer, no test strips to test sanitizer levels
Core Violations – Lower risk violations. Examples – general cleaning and maintenance of facilities (floors, walls, ceilings)
Michigan Food Law Violations – Cited separately from Food Code violations. These are state-specific requirements. Examples – Certified manager, license hanging in a conspicuous place

I ate at a food establishment that was dirty. Does the Health Department know about this? How are they still operating?

If you have concerns about the cleanliness of an establishment, please contact DHD#10. All complaints are confidential. Your information will not be shared with the establishment.

Environmental health sanitarians regularly inspect all restaurants. Restaurants that have a build up of food debris on the floors, walls and or/ceilings have likely been cited for the violation at routine inspections. Restaurant inspections are available for your review.