As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 113 5
1997-1998 6
REPRESENTATIVES TERWILLEGER-CATES-SCHULER-OPFER-PADGETT- 8
ROMAN-HOOD-MALLORY 9
10
A B I L L
To amend sections 911.01 and 3732.07 and to enact 12
section 911.011 of the Revised Code to require 13
that a bakery that is an integrated portion of 14
an establishment licensed as a food service 15
operation be regulated only under the law 16
governing food service operations, rather than 17
being regulated concurrently under the law 18
governing bakeries. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 911.01 and 3732.07 be amended and 22
section 911.011 of the Revised Code be enacted to read as 23
follows:
Sec. 911.01. As (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 33
THIS SECTION, "BAKERY," AS used in sections 911.01 to 911.20 of 34
the Revised Code, "bakery" means a building or part of a building 35
wherein is carried on the production, preparation, packing, 36
storing, display, or sale of bread, cake, pies, cookies, 37
crackers, doughnuts, noodles, waffle cones, pizza crusts for 38
resale, or other bakery products, whether frozen, fried, deep 40
fried, or partially or completely baked, including any separate 41
room used for the convenience or accommodation of the workers. 42
Sections 911.02, 911.04, 911.11, 911.12, 911.13, and 911.15 of 43
the Revised Code do not apply to retail stores where bakery 44
products are sold but not produced. 45
(B) "BAKERY" DOES NOT MEAN A FOOD SERVICE OPERATION 47
2
LICENSED UNDER SECTION 3732.03 OF THE REVISED CODE THAT INCLUDES 48
THE PREPARATION OR SERVING OF BAKERY PRODUCTS. 49
Sec. 911.011. THE PREPARATION AND SERVING OF BAKERY 51
PRODUCTS BY A FOOD SERVICE OPERATION LICENSED UNDER SECTION 52
3732.03 OF THE REVISED CODE SHALL BE REGULATED UNDER CHAPTER 53
3732. OF THE REVISED CODE AND NOT UNDER THIS CHAPTER.
Sec. 3732.07. (A) A licensee whose principal business is 62
a food service operation that includes the PREPARATION OR SERVING 63
OF BAKERY PRODUCTS IDENTIFIED IN SECTION 911.01 OF THE REVISED 64
CODE OR THE preparation and complete baking of pizza is not 65
required to register the operation as a bakery under section 66
911.02 of the Revised Code.
(B) A licensee whose principal business is a food service 68
operation that includes the sale of frozen desserts is not 69
required to obtain a license under section 3717.52 of the Revised 70
Code for the sale and manufacture of frozen desserts. 71
Section 2. That existing sections 911.01 and 3732.07 of 73
the Revised Code are hereby repealed. 74