As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. 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-SENATORS DIX-DRAKE-WHITE 11
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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
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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
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division (B) of this section, eight 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) Two representatives of a health commissioner 109
association, one of whom is a representative of urban areas of 110
this state and one of whom is a representative of rural areas of 111
this state;
(4) One representative of an environmental health 113
association who shall be a sanitarian registered pursuant to 115
Chapter 4736. of the Revised Code; 116
(5) One representative of consumers who is not employed by 118
the state or any of its subdivisions and who does not have a 120
pecuniary interest in a food service operation or a food 121
establishment.
(B) Within thirty days after the effective date of this 123
section, the Director of Health and the Director of Agriculture 124
shall make their appointments to the Council. If the Director of 125
Agriculture and the Director of Health fail to make their 126
appointments within thirty days after the effective date of this 127
section, the appointments required in division (A) of this 128
section shall be made jointly by the Speaker of the House of
Representatives and the President of the Senate. 129
The Director of Health and the Director of Agriculture, or 131
their designees, shall serve as co-chairpersons of the Council. 132
The Council members shall meet, organize, and begin their work. 134
Vacancies occurring on the Council shall be filled in the same 135
manner as the initial appointments.
Six members of the Council constitute a quorum and seven 137
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votes are necessary to validate an action. 138
(C) The Council shall study the inspection and licensing 140
requirements in the Revised Code and make recommendations for 141
eliminating duplicative or concurrent inspections and licensing 142
of retail food establishments and food service operations. The 143
Council also shall study and make recommendations for the 144
establishment of statewide uniform standards for food safety and
sanitation for retail food establishments and food service 146
operations. In making its recommendations, the Council shall 147
consider whether one agency should be designated, where 148
appropriate, to enforce any statewide uniform standards that are 149
adopted.
(D) The Council shall issue a report of its findings and 151
any recommendations on the issues it studied pursuant to division 152
(C) of this section to the President of the Senate, Minority 153
Leader of the Senate, Speaker of the House of Representatives, 155
and Minority Leader of the House of Representatives within one 156
hundred twenty days after the date of its initial organizational 157
meeting. The Council shall cease to exist six months after the
issuance of its report. 158
(E) Members of the Council shall serve without 161
compensation.