As Passed by the House 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-THOMPSON- 9 GARCIA-BUCHY-LEWIS-MEAD-REID-VESPER-BRADING-KREBS- 10 STAPLETON-VERICH-LOGAN 11 13 A B I L L To amend sections 911.01 and 3732.07 and to enact 15 section 911.011 of the Revised Code to require 16 that a bakery that is an integrated portion of 17 an establishment licensed as a food service 18 operation be regulated only under the law 19 governing food service operations, rather than 20 being regulated concurrently under the law 21 governing bakeries, and to create the Food 22 Safety Council. 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24 Section 1. That sections 911.01 and 3732.07 be amended and 26 section 911.011 of the Revised Code be enacted to read as 27 follows: Sec. 911.01.As(A) EXCEPT AS PROVIDED IN DIVISION (B) OF 37 THIS SECTION, "BAKERY," AS used in sections 911.01 to 911.20 of 38 the Revised Code,"bakery"means a building or part of a building 39 wherein is carried on the production, preparation, packing, 40 storing, display, or sale of bread, STUFFED BREADS, cake, pies, 41 cookies, crackers, doughnuts, noodles, waffle cones, pizza crusts 43 for resale, or other bakery products, whether frozen, fried, deep 45 fried, or partially or completely baked, including any separate 46 room used for the convenience or accommodation of the workers. 47 Sections 911.02, 911.04, 911.11, 911.12, 911.13, and 911.15 of 48 2 the Revised Code do not apply to retail stores where bakery 49 products are sold but not produced. 50 (B) "BAKERY" DOES NOT MEAN A FOOD SERVICE OPERATION 52 LICENSED UNDER SECTION 3732.03 OF THE REVISED CODE THAT INCLUDES 53 THE PREPARATION OR SERVING OF BAKERY PRODUCTS. 54 Sec. 911.011. (A) THE PREPARATION AND SERVING OF BAKERY 56 PRODUCTS BY A FOOD SERVICE OPERATION LICENSED UNDER SECTION 58 3732.03 OF THE REVISED CODE SHALL BE REGULATED UNDER CHAPTER 59 3732. OF THE REVISED CODE AND NOT UNDER THIS CHAPTER. (B) A BAKERY SHALL BE REGULATED UNDER THIS CHAPTER AND NOT 61 UNDER CHAPTER 3732. OF THE REVISED CODE WHEN EITHER OF THE 63 FOLLOWING APPLIES: 64 (1) THE BAKERY ONLY SERVES BAKERY PRODUCTS ON ITS 66 PREMISES; (2) THE BAKERY SERVES BAKERY PRODUCTS FOR CONSUMPTION ON 68 ITS PREMISES AND ALSO SERVES FROZEN DESSERTS, BEVERAGES, NUTS, 70 POPCORN, CANDY, OR SIMILAR CONFECTIONS, DAIRY PRODUCTS, OR ANY 71 COMBINATION OF THOSE ITEMS FOR CONSUMPTION ON ITS PREMISES. 72 Sec. 3732.07. (A) A licensee whose principal business is 81 a food service operation that includes the PREPARATION OF BAKERY 82 PRODUCTS IDENTIFIED IN SECTION 911.01 OF THE REVISED CODE OR THE 83 preparation and complete baking of pizza is not required to 84 register the operation as a bakery under section 911.02 of the 85 Revised Code. (B) A licensee whose principal business is a food service 87 operation that includes the sale of frozen desserts is not 88 required to obtain a license under section 3717.52 of the Revised 89 Code for the sale and manufacture of frozen desserts. 90 Section 2. That existing sections 911.01 and 3732.07 of 92 the Revised Code are hereby repealed. 93 Section 3. (A) There is hereby created the Food Safety 95 Council consisting of the Director of Agriculture, or the 96 Director of Agriculture's designee, the Director of Health, or 97 the Director of Health's designee, and, except as provided in 98 3 division (B) of this section, seven members appointed jointly by the Director of Agriculture and the Director of Health as 99 follows: (1) Two representatives of the food service industry 101 appointed from among restaurant operators, mobile food service 102 operators, vending machine location operators, fast-food 103 restaurant operators, and institutional food service operators; 104 (2) Two representatives of retail food establishments 106 appointed from among retail merchants, bakers, and grocers; 107 (3) One representative of a health commissioner 109 association; (4) One representative of an environmental health or 111 public health association who shall be a sanitarian registered 112 pursuant to Chapter 4736. of the Revised Code; 113 (5) One representative of consumers who is not employed by 115 the state or any of its subdivisions and who does not have a 116 pecuniary interest in a food service operation or a food 117 establishment. (B) Within thirty days after the effective date of this 119 section, the Director of Health and the Director of Agriculture 120 shall make their appointments to the Council. If the Director of 121 Agriculture and the Director of Health fail to make their 122 appointments within thirty days after the effective date of this 123 section, the appointments required in division (A) of this 124 section shall be made jointly by the Speaker of the House of Representatives and the President of the Senate. 125 The Director of Health and the Director of Agriculture, or 127 their designees, shall serve as co-chairpersons of the Council. 128 The Council members shall meet, organize, and begin their work. 129 Vacancies occurring on the Council shall be filled in the same 130 manner as the initial appointments. Five members of the Council constitute a quorum and six 132 votes are necessary to validate an action. 133 (C) The Council shall study the inspection and licensing 135 4 requirements in the Revised Code and make recommendations for 136 eliminating duplicative or concurrent inspections and licensing 137 of retail food establishments and food service operations. The 138 Council also shall study and make recommendations for the 139 establishment of statewide uniform standards for food safety and sanitation for retail food establishments and food service 140 operations. In making its recommendations, the Council shall 141 consider whether one agency should be designated, where 142 appropriate, to enforce any statewide uniform standards that are 143 adopted. (D) The Council shall issue a report of its findings and 145 any recommendations on the issues it studied pursuant to division 146 (C) of this section to the President of the Senate and the 147 Speaker of the House of Representatives within one hundred twenty 148 days after the date of its initial organizational meeting. The 149 Council shall cease to exist six months after the issuance of its 150 report. (E) Members of the Council shall serve without 153 compensation.