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Legislative & Regulatory
Alerts
2008 Alerts:
Retailers Must
Post New Nutrition
Information for Fish and Produce.
[February, 2008] Retailers are urged to post new nutrition
information for Fish and Produce immediately in their produce
and seafood departments as part of the current FDA nutrition
labeling program for fresh foods. Failure to do so could
prompt FDA to turn this voluntary program into a regulatory
mandate.
Click here to download the information you need.

MIOSHA Remindes Employers to Post Form 300A from February 1
to April 30.
[February, 2008] MIOSHA requires
employers with 11 or more employees to log and maintain records
of work-related injuries and illnesses, and to make those
records available during MIOSHA inspections of the workplace.
Employers are required to post the total number of job-related
injuries and illnesses on MIOSHA Form 300A, Summary of Work
Related Injuries and Illnesses, that occurred during the
previous calendar year from February 1 to April 30.
Visit MGA’s
Required
Postings Page to download Form 300A and other required
postings or call Nora Hale at 800.947.6237 x 25 if you need
forms faxed or mailed to you. Back to Top

2007
Bottle Deposit Fund Reimbursement Forms due on or before
June 1, 2008.
[January,
2008] Under P.A. 148 of 1989, Michigan retailers and
dealers who sell beverages in returnable containers can request
compensation for a small portion of the costs for handling empty
containers. Any excess of deposits collected over refunds made
by manufacturers and distributors in paid annually to the Bottle
Deposit Fund within the Michigan Department of Treasury.
Seventy-five percent of those funds are deposited into the
Cleanup and Redevelopment Trust fund and 25% are apportioned
among retailers based on the number of returnable containers
redeemed each year.
The payment
is based on the number of empty returnable containers handled in
a calendar year. Payment amounts will be known after Treasury
determines how much money is available. Treasury will begin
issuing checks after August 1.
To qualify
for a portion of these funds, retailers must file a Request
for Bottle Deposit Fund Reimbursement (Form 2196) on or before
June 1, 2008. Reports postmarked after June 1 will not be
honored.
Back to Top
WHERE TO GET
FORM 2196:
For your
convenience, a copy of Form 2196 is attached.
This form can also be found in the Sales and Use Tax Booklet
sent to you or your accountant.
Form 2196, along with many other tax forms, can now be
completed on-line for printing and mailing. Visit the
2006 Sales & Use Tax Forms Page of Treasury’s website for
more information.
Back to Top

State Rollout of WIC
EBT Program to begin in January.
[January,
2008] As reported in
the December 2007 issue of the Michigan Food News, the
state will begin to rollout the WIC Electronic Benefit Transfer
(EBT) program across the state at the end of January.
Each month during the rollout period, WIC vendors located in
a specific group of counties will be converted to electronic WIC
processing. Clients will be issued a Michigan WIC Bridge Card to
use at stores to redeem WIC benefits, similar to the way food
stamps are issued today on EBT cards. WIC EBT processing will
eliminate the need for paper coupon processing, thus speeding up
the checkout process.
|
WIC EBT Group |
Conversion Date |
No. of Counties |
All vendors located in the each county
listed below will need
to be ready by the conversion date shown for that group |
|
1 |
January 28, 2008 |
2 |
Barry, Eaton |
| 2 |
February 25, 2008 |
5 |
Calhoun, Ingham,
Branch, Hillsdale, St. Joseph |
| 3 |
March 24, 2008 |
8 |
Kalamazoo,
Allegan, Ottawa, Van Buren, Cass, Berrien, Kent Muskegon |
| 4 |
April 21, 2008 |
11 |
Arenac, Clare,
Gladwin, Isabella, Osceola, Roscommon, Ionia, Clinton,
Gratiot, Montcalm, Shiawassee |
| 5 |
May 27,2008 |
4 |
Washtenaw,
Monroe, Lenawee, Livingston |
| 6 |
June 30, 2008 |
Detroit |
City of Detroit |
| 7 |
August 4, 2008 |
1 |
Wayne |
| 8 |
September 2, 2008 |
2 |
Oakland, Macomb |
| 9 |
September 29, 2008 |
9 |
Lapeer, Tuscola,
Huron, Sanilac, Genesee, Bay, Saginaw, Midland, St. Clair |
| 10 |
October 20, 2008 |
15 |
Keweenaw,
Dickinson, Iron, Baraga, Gogebic, Houghton, Ontonagon,
Marquette, Delta, Menominee, Alger, Luce, Mackinac,
Schoolcraft, Chippewa |
| 11 |
November 17, 2008 |
25 |
Crawford,
Kalkaska, Lake, Manistee, Mason, Mecosta, Missaukee, Oceana,
Newaygo, Wexford, Grand Traverse, Benzie, Leelanau, Alcona,
Iosco, Ogemaw, Oscoda, Alpena, Cheboygan, Montmorency,
Presque Isle, Antrim, Charlevoix, Emmet, Otsego |

2007 Alerts:
NFIB/MI
Releases New Michigan Business Tax (MBT)
Estimator©
Version 7.5 Surcharge Edition
[December 18, 2007]
The new NFIB
Michigan Business Tax (MBT) Plan Estimator is an Excel 2003
spreadsheet based program. Its purpose is to allow users to
estimate tax liability under the new Michigan Business Tax (MBT)
that replaces the previous Michigan Single Business Tax (SBT).
Version 7.5 is an update to reflect the passage of
legislation in December of 2007 that applied a surcharge to the
MBT to replace revenue from a repeal of the services tax. On the
first worksheet, the "Data Entry - Summary" sheet, the MBT
surcharge amount is shown below the MBT and Alternative Profits
Tax (APT) calculation area.
The upper original Data Entry - Summary worksheet with the
MBT and APT calculation area, was left unchanged to allow a
comparison of the original MBT and the surcharged MBT.
A new worksheet titled "Surcharge" was added to calculate the
surcharge. The surcharge rate is 21.99%, however, the total
surcharge liability to a taxpayer is capped for each tax year at
$6,000,000. Since there are less than a dozen taxpayers in the
state that would reach the capped liability, this version does
not include the cap in the calculation.
Taxpayers that qualify for the APT method of filing will be
exempt from the surcharge in most circumstances. This is because
the APT credit is determined by subtracting the total APT tax
liability from the total surcharged MBT liability. This method
of credit calculation zeroes out the surcharge. The exception
are those taxpayers between the APT threshold limits because the
APT credit is reduced as a taxpayer moves from the lower to the
maximum threshold amounts. The threshold ranges are: Owner
Income $160K - 180K, Gross Receipts $19 - 20 million. The
Adjusted Business Income threshold has no range and is $1.3
million.
Version 7.5 also updates the MBT Information Tabbed worksheet
to reflect changes from the surcharge legislation.
More information:
 | Data is only accepted in the yellow highlighted cells. |
 | Data cells with small red triangles in the upper right
corner include pop-up notes and information. |
 | More information can be viewed by selecting the worksheet
tabs at the bottom of the screen. |
The spreadsheet is intended to give the average in-state
Michigan business an approximation of tax liability under the
MBT. It does not attempt to calculate unique circumstances or
narrow exemptions and credits that are part of the MBT but not
used by most taxpayers. For more information, select the MBT
Information tab at the bottom of the screen or the "Errata"
tabbed worksheet at the end of the spreadsheet.
Disclaimer
NFIB/Michigan is providing the MBT Estimator free of charge
as a public service to allow business owners and interested
individuals to determine approximate tax liability under the MBT.
NFIB assumes no liability for incorrect results or determination
of tax liability. The MBT estimator is not a substitute for
competent counsel from a tax professional. The Estimator may be
downloaded, distributed, and shared by users without permission
as long as NFIB is referenced as the source. Altering or
changing the spreadsheet in any way or removing the NFIB
masthead is prohibited without permission.
The spreadsheet will only calculate from information provided
by the user. It is the responsibility of the user to determine
if the data they input is correct relative to their specific tax
situation and the definitions and criteria under the MBT.
If you receive errors after running the spreadsheet with data
you input, or if the numbers do not seem to be correct, email
the spreadsheet, as is, to
charles.owens@nfib.org
and he will try to determine the problem. Users should check
back with the website periodically for updated or corrected
versions. The highest version number (such as 7.5) will be the
latest version.
The Errata tabbed worksheet at the back of the workbook lists
a history of development, changes, upgrades and corrections.

MGA Secures
Student Work-Hours
Deviation for Holiday Season
[November 8, 2007] To help members with
holiday staffing needs, Michigan Grocers Association requested a
deviation in the hours standard for youth employment. The
Michigan Department of Labor & Economic Growth (DLEG) Wage and
Hour Division approved the request in October.
The Youth Employment Standards
Act was amended to allow 16- and 17-year-olds to work until
11:30 p.m. on Fridays and Saturdays and during school vacations
without a deviation. However, many MGA member retailers
are open until midnight. This deviation gives them greater
scheduling flexibility during the busy holiday shopping season.

STATE OF MICHIGAN
October 10, 2007
Nora L. Hale,
Executive Assistant to the
President
Michigan Grocers Association
221 North Walnut Street
Lansing, MI 48933
Dear Ms. Hale:
This will acknowledge
receipt of your October 8, 2007 request on behalf of the
Michigan Grocers Association retail membership for an hour’s
deviation for minor employees.
Your
membership is hereby granted a deviation to employ 16 and 17
year olds between the hours of 11:30 pm and midnight on Fridays
and Saturdays and during school vacation periods beginning
November 16, 2007 until January 2, 2008. Additionally, this
deviation allows 16 and 17 year old minors to work until 11:30
p.m. on school nights when students are not on a vacation period
during November 15, 2007 thru January 2, 2008.
This
deviation requires:
 |
Each
store in your membership to keep a copy of this letter on
file at the place of employment; |
 |
That
minors work no more than 48 hours per week when school is
not in session; |
 |
When
school is in session, the 48 hour maximum is a combination
of school hours and work hours; and |
 |
Each
store in your membership to have work permits for all minors
employed and written permission of the parent or guardian
for each minor to work deviated hours. |
This
temporary hours deviation shall not excuse noncompliance with
the provisions of the Youth Employment Standards Act. Records
required by the Act must be maintained and made available for
inspection by an authorized representative of the Wage and Hour
Division.
Sincerely,
Georgia B. Harris
Program Evaluation Manager
Wage and Hour Division
For more information, contact MGA at 800.947.6237.
Back to Top

Castleberry's Food Company is expanding its
voluntary recall to additional
products
[July 23, 2007]
 |
This recall has been
expanded and now includes more food products, retailer
private label products and pet food. Please check all the
products listed in this fax (provided by Castleberry’s
website). |
 |
Remove all of the recalled
products from store shelves. If possible, use other methods,
such as locking out the UPC codes, to ensure these products
are not sold to consumers.
|
 |
Consider other means for
alerting consumers to this recall (store signs, press
announcements, shopper notification, etc.)
|
 |
Targeted action should be
taken to secure product removed from store shelves or put on
hold at warehouses and DCs. Consider shrink wrapping or
marking containers to ensure that the product does not
accidentally find its way back into commerce.
|
 |
Product should be handled as
"hazardous" and arrangements made for disposal in accordance
with local or state regulations. Consider contacting the
supplier for specific information on how to dispose of
product. |
There is concern that the
information about this recall is not getting out to retail
stores and consumers. Although some cans that contain the
bacteria C. botulinum may swell, there is no reliable way, other
than laboratory analysis, to determine which products may
contain the toxin. Botulism is a rare but potentially deadly
disease.
Complete
List of Recalled Items:
Brand
|
Product |
Can Size |
UPC Barcode |
|
Austex |
Beef Stew |
15oz |
30300 90815 |
|
Austex |
Chili with Beans |
15oz |
30300 91015 |
|
Austex |
Chili with Beans |
19oz |
30300 92519 |
|
Austex |
Chili no Beans |
15oz |
30300 97715 |
|
Austex |
Chili no Beans |
19oz |
30300 97719 |
|
Austex |
Onion Hot Dog Chili Sauce |
10oz |
30300 97101 |
|
Austex |
Hot Dog Chili Sauce |
10oz |
30300 99533 |
|
Best Yet |
Chili with Beans |
15oz |
4218740842 |
|
Best Yet |
Corned Beef Hash |
15oz |
4217841082 |
|
Big Y |
Chili with Beans |
15oz |
18894 80425 |
|
Big Y |
Chili no Beans |
15oz |
18894 80424 |
|
Big Y |
Corned Beef Hash |
15oz |
18894 80225 |
|
Black Rock |
Chili with Beans |
15oz |
30300 01715 |
|
Bloom |
Hot Dog Chili Sauce |
10oz |
25439 92448 |
|
Bryan |
Chili no Beans |
10oz |
53400 35264 |
|
Bryan |
Chili no Beans |
15oz |
53401 30200 |
|
Bryan |
Chili with Beans |
15oz |
53400 30205 |
|
Bryan |
Corned Beef Hash |
15oz |
53400 30110 |
|
Bryan |
Hot Dog Chili Sauce with Beef |
10oz |
53400 30010 |
|
Bunker Hill |
Chili no Beans |
10oz |
75266 04112 |
|
Bunker Hill |
Spicier Chili no Beans |
10oz |
75266 04224 |
|
Bunker Hill |
Hot Dog Chili Sauce |
10oz |
75266 04152 |
|
Castleberry's |
Barbecue Pork in Barbecue Sauce |
10oz |
30300 00402 |
|
Castleberry's |
Barbecue Pork in Barbecue Sauce |
14.5oz |
30300 00415 |
|
Castleberry's |
Barbecue Beef |
10oz |
30300 00602 |
|
Castleberry's |
Beef Stew |
15oz |
30300 00815 |
|
Castleberry's |
Brunswick Beef Stew Chicken & Beef |
15oz |
30300 00315 |
|
Castleberry's |
Chili with Beans |
15oz |
30300 01015 |
|
Castleberry's |
Chili no Beans |
10oz |
30300 07701 |
|
Castleberry's |
Chili no Beans |
15oz |
30300 07715 |
|
Castleberry's |
Corned Beef Hash |
15oz |
| | | | |