Legislative & Regulatory Alerts - 2003/04 Archive

2004 Alerts Archive:

2003 Alerts Archive:

Minimum Retail Pricing - Spirits
Ad-Tabs illegal
Nursery/Plant Dealer License Renewals
Changes in Michigan Sales & Use Tax
Electric Restructuring
New Overtime Rules for Michigan
Tobacco Products Inventory
Ergonomics Guidelines for Grocery Stores
New 2004 MIOSA Forms
Date Marking Guide for Delis
Money Service Businesses (MSB) Reminders
FDA Ephedra Ban To Take Effect in April
USDA Issues New Regulations Addressing BSE

FDA announces new bioterrorism rules
Notice Regarding EEOC Poster Changes
Retailers: Watch Out for Counterfeit Coupons
OSHA Unveils Two New Web Pages
State Begins Issuing New Vertical Driver's Licenses
SOT Tax due July 1, 2003
MSB Educational Materials

2004 Alerts Archive:

Minimum price replaces uniform price for spirits.

[NOVEMBER, 2004] The Liquor Control Commission issued a News Release stating that PA 407 of 2004 took immediate effect November 30, 2004 allowing liquor licensees the flexibility of pricing spirit products above a statewide minimum. The change to section 229 of 1998 PA 58, replaces the previous requirement of a "uniform" price for spirit products, with a "minimum" price that can be altered upward by retail sellers. The state markup at 65% remains unchanged. The statute change effects primarily the licensees who hold a Specially Designated Distributor (SDD) for the sale of spirit products for off-premises consumption (i.e., grocery stores, party or convenience stores). Back to Top

Ad-Tabs Licensee Alert - Sales Must Cease Immediately

[OCTOBER 2004] The Michigan Liquor Control Commission and the Michigan Bureau of State Lottery have been involved in a lawsuit with F.A.C.E. Trading, Inc., which produces and distributes Ad-Tabs, a pull-tab type lottery game. MLCC and Lottery have always contended that Ad-Tabs are an illegal pull-tab game tantamount to a lottery contrary to the state penal code. On June 30, the Honorable James R. Giddings, Ingham County Circuit Court Judge rules that Ad-Tabs do constitute a lottery or a gift enterprise forbidden by the Michigan Penal Code. The Michigan Court of Appeals and Michigan Supreme Court have denied a stay of the Circuit Court ruling pending appeal. Accordingly, Judge Gidding’s decision is immediately effective and the selling or possessing of Ad-Tab game pieces is illegal and subject to enforcement action.

MLCC licensees are hereby advised that:

	Ad-Tab sales should cease immediately.
	All Ad Tab games pieces must be removed from licensed premises no later than October 17, 2004.
	Failure to cease sales and remove all Ad-Tab tickets by October 17, 2004 will result in enforcement action by MLCC. Failure to comply with this directive may result in a fine of up to $300 per charge, and/or license suspension, and/or license revocation. Back to Top

Nursery/Plant Dealer & Grower License Renewals Due October 31

[OCTOBER 2004] The Michigan Department of Agriculture (MDA) reminds retailers that Nursery/Plant Dealer & Grower License renewals are due on or before October 31. The Insect Pest and Plant Disease Act requires that any person, firm, partnership, association or corporation engaged in the business of growing, selling or re-shipping nursery stock or herbaceous perennials must be licenses in the state of Michigan.

A Plant Dealer License covers the sale, at a permanent business location other than the growing location, of hardy plants including perennials such as soft-stemmed flowering plants and Hostas, small fruit plants, rhubarb and asparagus, or hardy bulbs. If a retailer sells rose bushes, they need to obtain a Nursery Stock Dealer License. If you hold a Nursery Stock Dealer License, a Plant Dealer License is not required.

A license is not required for the sale of cut flowers, annual flower or vegetable plants or non-hardy tropical types, including houseplants such as African violets, Ficus trees or philodendrons. The sale of mums depends on the type and intended use. According to MDA policy, garden mums, which are often planted outdoors, are considered to be part of the perennial group and therefore require a dealer license to sell them. Florist or gift mums (often sold as table decorations) would be exempt because they are usually discarded and represent less overall pest-risk.

If you are not sure if you need a license, contact your local MDA regional office staff who can make an on site determination.

Fees for the Plant Dealer or Nursery Stock Dealer licenses have each increased from $20 to $100 annually beginning October 1, 2003 to September 30, 2007. Beginning October 1, 2007, the license fee will drop back to $20 annually. Visit the "Licensing, Certification & Registration" section of MDA's website for more information and to download the Nursery/Plant Dealer & Grower License Application Form PI-017 (PDF file). Back to Top

What you need to know about Streamlined Sales and Use Tax Changes

[AUGUST 2004]
Substantive Changes to the Sales and Use Tax Statutes to Comply with the Agreement
Food: Prior to Streamlined, Michigan taxed "prepared food intended for immediate consumption." Other food was exempt. The Agreement definition of "prepared food" differs slightly from the previous definition. This will result in a slight expansion of the exemption.

EXAMPLE: Prior to Streamlined, bakery goods were exempt if purchased for "off premise" consumption, and taxable if purchased for "on premise" consumption. Under Streamlined, bakery goods are exempt unless they are sold with an "eating utensil." "Eating utensils" are defined to include knives, forks, spoons, glasses, cups, napkins, straws, or plates.

EXAMPLE: Prior to Streamlined, Michigan law provided that food arranged on a plate or platter, whether intended for individual or multiple servings and whether sold by the pound or by the serving was taxed as "prepared food intended for immediate consumption." "Deli trays" were generally subject to tax. Under Streamlined, food sold in an unheated state by weight or volume as a single item is taxable only if sold with eating utensils. Under Streamlined, "deli trays" will generally not be subject to tax.

Has the Due Date Changed for Payments of Sales, Use and Withholding Taxes?
Yes. Beginning with the September 2004 file period, the due date for monthly or quarterly sales, use and withholding tax payments is the 20^th of the month following the tax period (the September payment and Combined Return for Michigan Taxes is due October 20^th). This change is effective for all three taxes (sales tax, use tax and withholding tax).

If you pay your taxes using electronic funds transfer, or are required to file your sales and use tax or your withholding tax on an accelerated basis, click below for additional due date information.

Is the Sales and Use Tax Early Payment Discount Date and Timely Payment Discount Changed?
Yes. The sales and use tax early payment discount is moved from the 7^th of the month to the 12^th of the month. The early payment discount is not available on accelerated sales and use tax payments. The sales and use tax timely discount is moved from the 15^th of the month to the 20^th of the month.

If I Only Pay Withholding Tax, Did the Change in Due Dates for Streamlined Sales Tax Compliance Affect My Withholding Tax Payment Due Date?
Yes. Beginning with the September 2004 file period, the due date for monthly or quarterly Michigan withholding tax payment is the 20^th of the month following the tax period (the September payment and combined Return for Michigan Taxes is due October 20^th). This change was made so that the due date for sales tax, use tax, and withholding tax is the same date.

What is the First File Period Affected By the Change In Due Dates?
The first file period affected by the change in due dates is September 2004. The September 2004 Combined Return for Michigan Taxes is due October 20, 2004. The August return due date remains September 15, 2004.

Do I continue to use my existing tax return(s)?
Yes. Continue to use your pre-identified returns for 2004. The only change to the return is the due date that is printed on the form. The Combined Return for Michigan Taxes will be updated to reflect the correct due date for 2005.

Does the Due Date for the Annual Return Change?
No. The due date for filing Form 165, Annual Return for Sales Use and Withholding Taxes continues to be February 28^th.

How Does This Affect Payment of Tax Using Electronic Funds Transfer (EFT)?
The due date for monthly payment of sales, use and withholding tax is changed to the 20^th of the month following the tax period (the September payment is due October 20^th). If the due date falls on a weekend or state holiday, the due date is the next business day. To comply with Streamlined Sales Tax, Michigan now recognizes Columbus Day as a banking holiday and will accept payments as timely the following business day, if the due date falls on Columbus Day. To assure timely receipt, EFT payments must be initiated by 4:00 p.m. one (1) business day prior to the due date.

How does this affect accelerated Sales and Use Tax filers?
The due date for the first 50% payment made by a taxpayer required to file Sales and Use Tax on an accelerated basis has changed from the 15^th to the 20^th of the current month. The second 50% payment remains due on the last day of the month. The reconciliation payment is now due on the 20^th of the following month. This change is effective with the first 50% payment due for the September 2004 tax period. The reconciliation payment for the August 2004 tax period remains due September 15, 2004.

To comply with Streamlined Sales Tax, Michigan now recognizes Columbus Day as a banking holiday and will accept payments as timely the following business day, if the due date falls on Columbus Day. To assure timely receipt, EFT payments must be initiated by 4:00 p.m. one (1) business day prior to the due date.

Have the Accelerated Withholding Tax Due Dates Changed?
No. Accelerated Withholding Tax filers are still required to remit withholding taxes electronically accordingly to the same schedule as the federal withholding payments. To assure timely receipt, EFT payments must be initiated by 4:00 p.m. one (1) business day prior to the due date.

For additional information, visit Treasury’s website at http://www.michigan.gov/treasury. Back to Top

Coalition Opposes Changes to Current Electric Restructuring Law

[JULY 2004] The Michigan Senate recently introduced a package of bills (SB 1331, 1332, 1333, 1334, 1335 and 1336) that will severely impact changes made under the electric restructuring law (PA 141 of 2000) and would restrict competition.

As part of a business coalition, MGA has worked with other groups to form the Customer Choice Coalition to oppose passage of this legislation. A letter [PDF format] written by Spartan Stores President & CEO, Craig Sturken, that was sent to all legislators identifies the $1 million annual cost that proposed changes to PA 141 of 2000 would have on their company.

MGA members are encouraged to contact their legislators to oppose this legislation. For further information and to contact your legislators to oppose this legislation. For further information and to contact your legislator my email, visit the coalition's website at www.customerchoicecoalition.com.

WXYZ Channel 7 Detroit Investigative reporter Steve Wilson has made two reports the week of August 2 and reports that much of the message Detroit Edison is spreading is false and misleading. Some say DTE's information is designed to influence legislation and block competition that could lower bills for business and residential customers alike. Following are links to both reports that appear on Channel 7's web. Back to Top

Electric De-regulation (August 2, 2004)

Energy De-regulation Part 2 (August 4, 2004)

New Overtime Rules for Michigan

[JUNE 2004] In our state, the new overtime regulations released by the U.S. Department of Labor go into effect on August 23, 2004. Michigan's wage/hour law will automatically change when the DOL's proposed revisions to its exempt status regulations are enacted. MGA members are strongly advised to take the necessary steps to come into compliance with the new regulations before that deadline.

NOTE: Attempts in the House and Senate to block the new rules governing overtime eligibility for white-collar workers were rejected. Retailers and wholesalers need to know that these rules remain in effect.

Under the new FairPay rules, "white collar" workers earning less than $23,600 per year -- or $455 per week -- are guaranteed overtime protection. This is a higher amount than the $250 per week level in the old regulations.

The Fair Labor Standards Act provides an exemption from overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempts certain computer employees. To qualify for exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.

For more information, visit the Labor Department's special web site which provides detailed information about various exemptions including fact sheets and online seminars at www.dol.gov/fairpay. Back to Top

One-Time Inventory Tax on All Tobacco Products

[JUNE 2004] On June 24, 2004 Governor Jennifer Granholm signed House Bill 5632 (Public Act 164 of 2004) which increases Michigan's tax on cigarettes from $1.25 to $2.00 on a 20-cigarette pack and from $1.56 to $2.50 on a 25-cigarette pack. The tax rate on other tobacco products (OTP) will increase from 20% to 32% on the wholesale price of the OTP. (OTP includes any cigar or roll for smoking, other than a cigarette, made in whole or in part of tobacco, and any tobacco other than cigarettes, intended for consumption by smoking, chewing, or as snuff.)

Retailers & Wholesalers must take a physical inventory of all cigarettes and OTP that it has "on hand for sale" as of the close of business June 30, 2004 and remit to the Michigan Department of Treasury by August 2, 2004 an inventory tax return and payment of the additional tax per cigarette pack and the additional tax of 12% of the wholesale price of OTP.

Visit the Michigan Department of Treasury's Tobacco Tax Increase website to download inventory forms and for specific instructions for retailers, wholesalers and secondary wholesalers and vending machine operators. Back to Top

OSHA Releases Ergonomics Guidelines for Retail Grocery Stores

[JUNE 2004] On May 28, 2004, OSHA Administrator John Henshaw announced the release of industry-specific guidelines for the prevention of musculoskeletal disorders (MSDs) in grocery stores. OSHA's Guidelines for Retail Grocery Stores provide practical recommendations to help grocery store employers and employees reduce the number and severity of injuries in their workplaces.

These voluntary guidelines are intended to build upon the progress that the grocery store industry has made in addressing the causes of these injuries.

The guidelines emphasize various solutions that have been implemented by grocery stores across the country and have been effective in reducing work-related injuries and illnesses. An "Implementing Solutions" section offers examples of ergonomic solutions that may be used to control exposure to ergonomic risk factors in grocery stores. The section includes corrective actions, including checkout, shelf stocking, bakery, produce and meat departments.

For more information see the following links:

	OSHA's press release on the final grocery store guidelines
	Guidelines for Retail Grocery Stores -- Ergonomics for the Prevention of Musculoskeletal Disorders (PDF format) Back to Top

New 2004 MIOSHA forms now available in PDF and Excel formats.

[APRIL, 2004] Michigan is one of 22 States that operates its own job safety and health programs. OSHA approves and monitors the MIOSHA program and requires job safety and health standards that are "at least as effective as" comparable federal standards. States have the option to promulgate standards covering hazards not addressed by federal standards. OSHA recently revised its recordkeeping forms and there are some differences between the federal OSHA and Michigan MIOSHA recordkeeping requirements. Since Michigan has a State approved plan, employers should use MIOSHA reporting forms.

BE SURE TO USE CORRECT MIOSHA REPORTING FORMS
MIOSHA recordkeeping rules were revised in 2002 to mirror revised federal standards. Beginning January 1, 2002 employers with 11 or more employees must use the new 2004 MIOSHA Form 300 (PDF) (Log of Work-Related Injuries & Illnesses) and use Form 301 (Injury and Illness Incident Report) to record more detailed information on how the injury and illness occurred. Employers must post Form 300A (Summary of Work-Related Injuries and Illnesses - a new separate form) from February 1, 2004 to April 30, 2004. Previous Forms 200 and 101 are obsolete. MIOSHA now offers Forms 300, 300A and 301 for 2004 in Excel 2000 Spreadsheet format. Back to Top

Michigan Department of Agriculture Issues Final Version of Date Marking Guide for Grocery Store Delis.

[APRIL 2004] The following is the Michigan Department of Agriculture’s final version of the date marking guide for grocery store delis.

This guide is intended to give practical information on how grocery store operators and deli managers can comply with Food Code date marking requirements that apply to many ready–to-eat, potentially hazardous foods. Some of the challenges operators may face include:

•  Determining which foods are required to be date marked,
•  Developing a date marking system for employees to follow, and
•  Ordering volumes and sizes of product that can be sold within 7 days of opening.

Why is Date Marking Important?
Date marking is a way to track proper product rotation of refrigerated foods. Refrigeration prevents food from becoming a hazard by slowing the growth of most, but not all, bacteria. Pathogens like Listeria monocytogenes have been found in deli environments and can grow at cold temperatures on deli items. Date marking is one of the practices used to reduce the risk of foodborne illness by making sure food is rotated or discarded before Listeria can multiply to greater numbers.

Ways to Mark the Date
A grocery operator can choose any marking method that suits their needs. Options include using an actual date, a color code, or any other system that is effective. It is even possible to use a dry-erase board to track items in the deli case and their dates. It is important to know that whatever system you use, it must be understandable, effective, and consistently used by the employees. It must be clear to an inspector during the inspection how your system works so you should consider writing a store policy for employees to follow.

Methods of Marking
Here are some examples of ways to mark on working containers, display tags, display bowls, or plastic over-wraps:

• Day dots
• Dry erase markers
• Scale labels
• Dissolvable stickers

There may be other ways to track dates without marking on the actual containers. You may come up with your own method as long as it can be verified that the employees and the inspector understand it.

Deli Salads
Containers of salads like potato, pasta, and seafood salad must be marked when opened or made on the premises.

Many manufacturers offer smaller sized containers of salads (e.g., three pounds) that can be used all at once in a display bowl. This eliminates a working container. However the bowls of salad in the display case must be marked if held more than 24 hours.

If fresh salad is continually added to the display (“topping off” the display) over the course of a few days, be sure to use the date of the original load. You must break the cycle within seven days (preferably much more frequently) by removing the salad, cleaning & sanitizing the bowl, and starting with fresh salad.

Deli Meats
Date marking applies to entire loaves of deli meats once the original package is opened in the deli. Refrigerated deli meats should be purchased in sizes that can be sliced and sold within seven days of opening. If this is not possible, a way to use up a slow moving loaf of deli meat is by making it into other products such as sandwiches. But do this right away instead of waiting until day seven.

What Date Applies if I Package Deli Items for Sale?
While “date marking” is a rotation date for the employee to know, a “last-date-of-sale” is a date the consumer sees on a package. Whenever a deli item is packaged for sale out of a self-service case, the package must be marked with the last-date-of-sale (or sell-by date). The sell-by date should take into consideration a reasonable period of time the product will be used in the consumer’s home and still be wholesome and safe. Date marking helps you know how long the product has been opened in your store before packaging it and thus helps you determine a meaningful sell-by date. For example, if a tub of potato salad was opened in the deli four days ago and you want to prepackage some half pound containers for sale in the self-service case, you should take into consideration those four extra days and use a shorter sell-by date than if the packaging occurred on day one. Regardless of the date you choose, the product cannot be sold after day seven.

Our deli goes through salami so fast that the loaf will be gone in less than 4 days. Do I still need to date mark it?
Yes, if the food is not going to be served, sold, or discarded within 24 hours, it must be date marked.

What if I freeze the food?
Freezing food stops the date marking clock but does not reset it. So if a food is stored at 41º F for two days and then frozen at 0º F, it can still be stored at 41º F for five more days when it begins to thaw. The freezing date and the thawing date need to be put on the container along with the prep date, or an indication of how many of the original 7 days have been used. If food is not dated with these dates, it must be used or discarded within 24 hours.

What if I combine food that was opened on different dates?
When different containers of foods are combined, the date of the oldest ingredient becomes the reference date. For example, if today is Wednesday, and you are mixing salad that was marked on Monday with salad that was marked on Tuesday, the combined salad marking would be based on a starting date of Monday.

Items Requiring Date Marking
Here are some examples of refrigerated, ready-to-eat, “potentially hazardous” foods requiring date marking:

• Deli meats and deli salads
• Soft cheeses like Brie, Cotijo, Cottage, Ricotta and Teleme
• Blue cheese and ranch dressings (unless the manufacturer provides documentation otherwise)

Items Not Requiring Date Marking
Some deli items may not require date marking. "Non-potentially hazardous" foods, like acidified vegetable items (pickles) or shelf stable meat, do not need to be date marked. Ask your supplier for a letter from the manufacturer for those items that are “non-potentially hazardous" (see the Food Code definition).

Here are other examples:

• Commercial acidified dressing like mayonnaise and thousand island
• Hard cheeses like Asiago old, Cheddar, Gruyere, Parmesan, Romano and Sapsago
• Semi-soft cheeses like Asiago fresh, Soft, Blue, Brick, Colby, Edam, Gouda, Monterey
• Pasteurized processed cheese, Provolone and Swiss Back to Top

Money Service Businesses (MSB) Reminders

[MARCH 2004] Educational Materials: The Financial Crimes Enforcement Network (FinCEN) reminds retailers that educational materials are available to help inform Money Services Businesses (MSBs) about their requirements under the Bank Secrecy Act (BSA). Materials include:

	Money Laundering Prevention Guide (52 page PDF) with examples of suspicious activity
	Quick reference Guides on reporting suspicious activity and complying with BSA regulations (PDF)
	Notice to Customers Poster and "Take One" Cards to help customers understand why MSB employees may ask for personal information
	Training Video and an interactive CD-ROM to educate employees about new reporting and recordkeeping requirements.

All of the materials are FREE and can be obtained by calling 800.386.6329 or by filling out an Order Form and faxing it to 800.773.8356. The order form can also be filled in and submitted on-line.

Suspicious Activity Reports and Anti-Money Laundering Plan: Food Marketing Institute (FMI) has informed us that the new Director of FinCEN has reiterated the importance of filing Suspicious Activity Reports (Form TD F 90-22.56) and having an anti-money laundering plan in place. He indicated that if you have not already been asked about your plan by the IRS, you will be. BSA Forms & Filing Information is available from FinCEN's website or call the IRS Forms Distribution Center at 800.829.3676 to order copies. Be sure to specify the correct title and form number.
Back To Top

FDA Ephedra ban to take effect in April

[FEBRUARY 2004] On Friday, February 6, The Food and Drug Administration (FDA) issued a final rule prohibiting the sale of dietary supplements containing ephedrine alkaloids (ephedra), citing the unreasonable risk of illness or injury presented by such products. The rule will take effect April 6, 2004 (60 days from issuance).

Ephedra, also called Ma huang, is a naturally occurring substance derived from plants. Its principal active ingredient is ephedrine, which when chemically synthesized is regulated as a drug. In recent years ephedra products have been extensively promoted to aid weight loss, enhance sports performance, and increase energy.

In December, the FDA advised consumers to using ephedra products and asked responsible companies to stop selling them. The FDA has also stated that, “The new regulations prohibit the sale of dietary supplements containing ephedra and we intend to take swift action against anyone who puts consumers at risk by continuing to sell products after the prohibition takes effect.”

The rule applies to all dietary supplements that contain a source of ephedrine alkaloids such as ephedra, Ma huang, Sida cordifolia and pinellia. The scope of the rule does not pertain to traditional Chinese herbal remedies. It generally doesn't apply to products like herbal teas that are regulated as conventional foods. Ephedra is not Generally Recognized as Safe (GRAS) for foods and not approved for use as a food additive. Back To Top

USDA issues final BSE (Mad Cow) Disease update and concludes investigation.

[FEBRUARY 2004] On Monday, February 9, 2004, Dr. Ron DeHaven, Deputy Administrator of Veterinary Services for USDA’s Animal and Plant Health Inspection Service, announced that the field investigation of the case of BSE in a cow in the State of Washington is complete. This will be the last written daily update. However, information will be provided in the future on an as needed basis. To read the full release, click here.

[JANUARY 2004] On Jan. 8, 2004 The U.S. Department of Agriculture’s Food Safety and Inspection Service issued four new rules to implement announcements made the previous week by Agriculture Secretary Ann M. Veneman to further enhance safeguards against Bovine Spongiform Encephalopathy (BSE).

Additional Links:
For latest and most reliable most reliable information from the USDA, click here

	BSE Updates - National Cattlemen's Beef Assn. Mad Cow Disease Information
	USDA Recall Notice - The official recall notice from the USDA.
	USDA Animal and Plant Health Inspection Service (APHIS) - BSE Information
	Michigan Department of Agriculture - BSE Information Back To Top

2003 Alerts Archive:

New federal requirements for Michigan warehouses and food-handling companies take effect December 12, 2003

[NOVEMBER, 2003] As part of its efforts to protect the nation's food supply against terrorism and other food-related emergencies, FDA has published two interim final regulations that take effect on December 12, 2003.

All domestic and foreign food facilities that manufacture, process, pack, or hold food for human or animal consumption in the United States must register with FDA by December 12, 2003.
If you import food for human or animal consumption you must provide FDA with advance notice of shipments beginning December 12, 2003.

For more specific FDA information, select a link from below:

Overview and Background
Fact Sheet - Registration of Food Facilities
Registration Q & As
Food Facility Registration Step-by-Step
Registration Tutorials
Fact Sheet - Prior Notice of Imported Food Shipments

A Special Report issued by the National Grocers Association (N.G.A.) on October 22, 2003 notes that, while warehouse/distribution facilities are among those establishments that are required to register, retail food establishments DO NOT have to register. However, retail companies that own and operate a separate warehouse facility must register those facilities.

Retail food establishments, including supermarkets, delis, restaurants, etc., which sell food directly to consumers as their primary function (meaning that annual food sales directly to consumers are of greater dollar value than annual food sales to other buyers) are not required to register. This new FDA registration requirement applies to facilities that manufacture/process, pack, or hold food, as defined in the regulation, for consumption in the United States.

Each covered facility must be registered, not just the company. “Facility” means any establishment, structure, or structures under one ownership, at one general physical location. Warehouses or similar facilities that manufacture/process, pack, or hold food (other than retail establishments), including those operated by wholesalers or retailers, are among the facilities that must register. Back to Top

Beware of misleading claims by commercial poster vendors regarding changes to the "Equal Employment Opportunity is The Law" Poster

[NOVEMBER, 2003] Numerous commercial poster vendors have been sending notices via mail, fax and email informing businesses that the Equal Employment Opportunity Commission's (EEOC) "Equal Employment Opportunity is The Law" poster has been updated. They go on to say that if you do not replace your poster, you could be fined up to $17,000.

The "EEO is the Law" poster has recently been updated, but EEOC advises that previous versions are in compliance and can still be used. In response to the erroneous notices, the EEOC has begun printing the statement "previous edition usable" on the bottom of the poster.

The EEO poster is available FREE from the Equal Employment Opportunity Commission and can also be printed from their web site. Check MGA's Required Postings page for more information. Back to Top

WARNING: Watch Out for