As Reported by the House Commerce and Labor Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 113 5
1997-1998 6
REPRESENTATIVES TERWILLEGER-CATES-SCHULER-OPFER-PADGETT-ROMAN- 8
HOOD-MALLORY-WILLIAMS-CORBIN-WACHTMANN-HARRIS 9
11
A B I L L
To amend sections 911.01 and 3732.07 and to enact 13
section 911.011 of the Revised Code to require 14
that a bakery that is an integrated portion of 15
an establishment licensed as a food service 16
operation be regulated only under the law 17
governing food service operations, rather than 18
being regulated concurrently under the law 19
governing bakeries, and to create the Food 20
Safety Council. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 911.01 and 3732.07 be amended and 24
section 911.011 of the Revised Code be enacted to read as 25
follows:
Sec. 911.01. As (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 35
THIS SECTION, "BAKERY," AS used in sections 911.01 to 911.20 of 36
the Revised Code, "bakery" means a building or part of a building 37
wherein is carried on the production, preparation, packing, 38
storing, display, or sale of bread, STUFFED BREADS, cake, pies, 39
cookies, crackers, doughnuts, noodles, waffle cones, pizza crusts 41
for resale, or other bakery products, whether frozen, fried, deep 43
fried, or partially or completely baked, including any separate 44
room used for the convenience or accommodation of the workers. 45
Sections 911.02, 911.04, 911.11, 911.12, 911.13, and 911.15 of 46
the Revised Code do not apply to retail stores where bakery 47
products are sold but not produced. 48
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(B) "BAKERY" DOES NOT MEAN A FOOD SERVICE OPERATION 50
LICENSED UNDER SECTION 3732.03 OF THE REVISED CODE THAT INCLUDES 51
THE PREPARATION OR SERVING OF BAKERY PRODUCTS. 52
Sec. 911.011. (A) THE PREPARATION AND SERVING OF BAKERY 54
PRODUCTS BY A FOOD SERVICE OPERATION LICENSED UNDER SECTION 56
3732.03 OF THE REVISED CODE SHALL BE REGULATED UNDER CHAPTER 57
3732. OF THE REVISED CODE AND NOT UNDER THIS CHAPTER.
(B) A BAKERY SHALL BE REGULATED UNDER THIS CHAPTER AND NOT 59
UNDER CHAPTER 3732. OF THE REVISED CODE WHEN EITHER OF THE 61
FOLLOWING APPLIES: 62
(1) THE BAKERY ONLY SERVES BAKERY PRODUCTS ON ITS 64
PREMISES;
(2) THE BAKERY SERVES BAKERY PRODUCTS FOR CONSUMPTION ON 66
ITS PREMISES AND ALSO SERVES FROZEN DESSERTS, BEVERAGES, NUTS, 68
POPCORN, CANDY, OR SIMILAR CONFECTIONS, DAIRY PRODUCTS, OR ANY 69
COMBINATION OF THOSE ITEMS FOR CONSUMPTION ON ITS PREMISES. 70
Sec. 3732.07. (A) A licensee whose principal business is 79
a food service operation that includes the PREPARATION OF BAKERY 80
PRODUCTS IDENTIFIED IN SECTION 911.01 OF THE REVISED CODE OR THE 81
preparation and complete baking of pizza is not required to 82
register the operation as a bakery under section 911.02 of the 83
Revised Code.
(B) A licensee whose principal business is a food service 85
operation that includes the sale of frozen desserts is not 86
required to obtain a license under section 3717.52 of the Revised 87
Code for the sale and manufacture of frozen desserts. 88
Section 2. That existing sections 911.01 and 3732.07 of 90
the Revised Code are hereby repealed. 91
Section 3. (A) There is hereby created the Food Safety 93
Council consisting of the Director of Agriculture, or the 94
Director of Agriculture's designee, the Director of Health, or 95
the Director of Health's designee, and, except as provided in 96
division (B) of this section, seven members appointed jointly by
the Director of Agriculture and the Director of Health as 97
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follows:
(1) Two representatives of the food service industry 99
appointed from among restaurant operators, mobile food service 100
operators, vending machine location operators, fast-food 101
restaurant operators, and institutional food service operators; 102
(2) Two representatives of retail food establishments 104
appointed from among retail merchants, bakers, and grocers; 105
(3) One representative of a health commissioner 107
association;
(4) One representative of an environmental health or 109
public health association who shall be a sanitarian registered 110
pursuant to Chapter 4736. of the Revised Code; 111
(5) One representative of consumers who is not employed by 113
the state or any of its subdivisions and who does not have a 114
pecuniary interest in a food service operation or a food 115
establishment.
(B) Within thirty days after the effective date of this 117
section, the Director of Health and the Director of Agriculture 118
shall make their appointments to the Council. If the Director of 119
Agriculture and the Director of Health fail to make their 120
appointments within thirty days after the effective date of this 121
section, the appointments required in division (A) of this 122
section shall be made jointly by the Speaker of the House of
Representatives and the President of the Senate. 123
The Director of Health and the Director of Agriculture, or 125
their designees, shall serve as co-chairpersons of the Council. 126
The Council members shall meet, organize, and begin their work. 127
Vacancies occurring on the Council shall be filled in the same 128
manner as the initial appointments.
Five members of the Council constitute a quorum and six 130
votes are necessary to validate an action. 131
(C) The Council shall study the inspection and licensing 133
requirements in the Revised Code and make recommendations for 134
eliminating duplicative or concurrent inspections and licensing 135
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of retail food establishments and food service operations. The 136
Council also shall study and make recommendations for the 137
establishment of statewide uniform standards for food safety and
sanitation for retail food establishments and food service 138
operations. In making its recommendations, the Council shall 139
consider whether one agency should be designated, where 140
appropriate, to enforce any statewide uniform standards that are 141
adopted.
(D) The Council shall issue a report of its findings and 143
any recommendations on the issues it studied pursuant to division 144
(C) of this section to the President of the Senate and the 145
Speaker of the House of Representatives within one hundred twenty 146
days after the date of its initial organizational meeting. The 147
Council shall cease to exist six months after the issuance of its 148
report.
(E) Members of the Council shall serve without 151
compensation.