As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 87 5
1997-1998 6
SENATOR WHITE 8
10
A B I L L
To amend sections 121.04, 901.08, 901.43, 911.02, 12
913.02, 913.23, 915.14, 915.24, 917.01, 917.08, 13
917.16, 917.99, 3707.33, 3707.34, 3715.99, 14
3732.01, 3732.07, 4736.01, and 4745.01, to enact 15
new sections 917.02, 917.03, 917.04, 917.05,
917.06, 917.07, 917.09, 917.10, 917.11, 917.18, 16
917.19, 917.20, 917.21, 917.22, and 917.23 and 17
sections 917.031, 917.032, 917.091, and 3715.21, 18
and to repeal sections 917.02, 917.03, 917.04, 19
917.05, 917.06, 917.07, 917.09, 917.10, 917.11, 20
917.18, 917.19, 917.20, 917.21, 917.22, 917.23, 21
3717.01, 3717.02, 3717.021, 3717.03, 3717.06, 22
3717.07, 3717.08, 3717.09, 3717.10, 3717.11, 23
3717.12, 3717.13, 3717.16, 3717.17, 3717.18, 24
3717.20, 3717.21, 3717.24, 3717.25, 3717.26, 25
3717.27, 3717.28, 3717.29, 3717.30, 3717.31,
3717.32, 3717.33, 3717.34, 3717.35, 3717.37, 26
3717.40, 3717.41, 3717.42, 3717.43, 3717.45, 27
3717.47, 3717.48, 3717.49, 3717.50, 3717.51,
3717.52, 3717.53, 3717.54, 3717.55, 3717.61, 28
3717.611, 3717.62, 3717.63, 3717.64, 3717.65, 29
3717.66, 3717.67, 3717.68, 3717.69, and 3717.99 30
of the Revised Code to revise the law governing
dairies and dairy products. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 121.04, 901.08, 901.43, 911.02, 35
2
913.02, 913.23, 915.14, 915.24, 917.01, 917.08, 917.16, 917.99, 37
3707.33, 3707.34, 3715.99, 3732.01, 3732.07, 4736.01, and 4745.01 38
be amended and new sections 917.02, 917.03, 917.04, 917.05, 39
917.06, 917.07, 917.09, 917.10, 917.11, 917.18, 917.19, 917.20, 40
917.21, 917.22, and 917.23 and sections 917.031, 917.032, 41
917.091, and 3715.21 of the Revised Code be enacted to read as 42
follows:
Sec. 121.04. Offices are created within the several 51
departments as follows: 52
In the department of commerce: 54
Commissioner of securities; 56
Superintendent of real estate; 57
Superintendent of financial institutions; 58
Fire marshal; 59
Beginning on July 1, 1997, 60
Superintendent of liquor control; 61
Superintendent of industrial compliance. 62
In the department of administrative services: 64
State architect and engineer; 66
Equal employment opportunity coordinator. 67
In the department of agriculture: 69
Chiefs of divisions as follows: 71
Administration; 73
Animal industry; 74
Dairy marketing; 75
Food, dairies, and drugs SAFETY; 76
Plant industry; 77
Markets; 78
Meat inspections INSPECTION; 79
Consumer analytical laboratories LABORATORY; 80
Amusement ride safety; 81
Enforcement; 82
Weights and measures. 83
In the department of natural resources: 85
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Chiefs of divisions as follows: 87
Water; 89
Mines and Reclamation; 90
Forestry; 91
Natural areas and preserves; 92
Wildlife; 93
Geological survey; 94
Parks and recreation; 95
Watercraft; 96
Oil and gas; 97
Recycling and litter prevention; 98
Civilian conservation; 99
Soil and water conservation; 100
Real estate and land management; 101
Engineering. 102
Until July 1, 1997, in the department of liquor control: 104
Chiefs of divisions as follows: 106
Accounting and finance; 108
Store management; 109
Personnel; 110
Beer. 111
In the department of insurance: 113
Deputy superintendent of insurance; 115
Assistant superintendent of insurance, technical; 116
Assistant superintendent of insurance, 117
administrative; 118
Assistant superintendent of insurance, research. 119
Sec. 901.08. The director of agriculture shall appoint a 129
chief of the division of administration, a chief of the division 130
of animal industry, a chief of the division of dairy marketing, a 131
chief of the division of food, dairies, and drugs SAFETY, a chief 133
of the division of markets, a chief of the division of plant 135
industry, a chief of the division of weights and measures, a
chief of the division of meat inspections INSPECTION, a chief of 136
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the division of consumer analytical laboratories LABORATORY, a 138
chief of the division of enforcement, and a chief of the division 140
of amusement ride safety.
Sec. 901.43. (A) The director of agriculture may 149
authorize any department of agriculture laboratory to perform a 151
laboratory service for any person, organization, political 153
subdivision, STATE AGENCY, FEDERAL AGENCY, or other entity, 155
whether public or private, AND MAY CHARGE A REASONABLE FEE FOR 157
PERFORMANCE OF THE LABORATORY SERVICE. 158
(B) The director shall adopt and enforce rules to provide 161
for the rendering of a laboratory service and MAY PUBLISH A LIST 162
OF LABORATORY SERVICES OFFERED, TOGETHER WITH the fee for such 163
EACH service, and to determine whether a fee is generated by a 166
laboratory service related to the diseases of animals.
(C) The director may enter into a contract with any 168
person, organization, political subdivision, STATE AGENCY, 170
FEDERAL AGENCY, or other entity for the provision of a laboratory 172
service.
(D) No (1) THE DIRECTOR MAY ADOPT RULES SPECIFYING WHAT 174
CONSTITUTES AN OFFICIAL SAMPLE. 175
(2) THE DIRECTOR SHALL NOT CHARGE A fee shall be charged 177
for a laboratory service performed on an official sample 180
acquired, BUT MAY CHARGE A FEE FOR ANY OTHER SAMPLE TAKEN OR 181
LABORATORY SERVICE PERFORMED by the department to determine
compliance with a state law or a rule adopted by the director. 184
(E)(1) THE DIRECTOR MAY ADOPT RULES ESTABLISHING STANDARDS 187
FOR ACCREDITATION OF LABORATORIES AND LABORATORY SERVICES AND IN 188
DOING SO MAY ADOPT BY REFERENCE EXISTING OR RECOGNIZED STANDARDS 189
OR PRACTICES.
(2) THE DIRECTOR MAY INSPECT AND ACCREDIT LABORATORIES AND 192
LABORATORY SERVICES, AND MAY CHARGE A REASONABLE FEE FOR THE 193
INSPECTIONS AND ACCREDITATION.
(F)(1) All moneys collected by the director under this 196
section that are from fees generated by a laboratory service 197
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related to the diseases of animals shall be deposited in the 198
animal industry laboratory fund, which is hereby created in the 199
state treasury. The director shall use the moneys in the animal 200
industry laboratory fund to purchase supplies and equipment for 201
the laboratory that provides laboratory services related to the 202
diseases of animals. All other
(2) ALL moneys collected BY THE DIRECTOR under this 205
section THAT ARE FROM FEES GENERATED BY A LABORATORY SERVICE 206
PERFORMED BY THE CONSUMER ANALYTICAL LABORATORY shall be remitted 207
to the treasurer of state for deposit DEPOSITED in the general 209
revenue CONSUMER ANALYTICAL LABORATORY fund, WHICH IS HEREBY 210
CREATED IN THE STATE TREASURY. THE MONEYS HELD IN THE FUND MAY 211
BE USED TO PAY THE EXPENSES NECESSARY TO OPERATE THE CONSUMER 212
ANALYTICAL LABORATORY, INCLUDING THE PURCHASE OF SUPPLIES AND
EQUIPMENT. 213
(3) ALL MONEYS COLLECTED BY THE DIRECTOR UNDER THIS 215
SECTION THAT ARE FROM FEES GENERATED BY A LABORATORY SERVICE 216
PERFORMED BY THE WEIGHTS AND MEASURES LABORATORY SHALL BE 217
DEPOSITED IN THE WEIGHTS AND MEASURES LABORATORY FUND, WHICH IS 218
HEREBY CREATED IN THE STATE TREASURY. THE MONEYS HELD IN THE 219
FUND MAY BE USED TO PAY THE EXPENSES NECESSARY TO OPERATE THE 220
DIVISION OF WEIGHTS AND MEASURES, INCLUDING THE PURCHASE OF 221
SUPPLIES AND EQUIPMENT. 222
Sec. 911.02. Except as provided in division (A) of section 231
3732.07 of the Revised Code, each person, firm, partnership, or 232
corporation which THAT owns or operates a bakery shall register 233
each bakery which THAT it owns or operates with the director of 235
agriculture. For such THE registration, the owner or operator of 237
each bakery shall pay an annual fee of thirty dollars for a 238
production capacity of one thousand pounds of bakery product per 239
hour or less and an annual fee of thirty dollars for each one 240
thousand pounds of bakery product per hour capacity, or part 241
thereof, in excess of one thousand pounds of bakery product per 242
hour. 243
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Any person who owns or operates a home bakery with only one 245
oven, in a stove of ordinary home kitchen design and located in a 246
home, used for the baking of baked goods to be sold, shall pay a 247
sum of ten dollars annually for registration regardless of the 248
capacity of such THE home bakery oven. Each such THE 250
registration shall be renewed annually by the thirtieth day of 251
September and shall be renewed according to the standard renewal 252
procedure of Chapter 4745. of the Revised Code. The registration 254
of the bakery shall show the location, including municipal 255
corporation, street, and number, the name of the owner, and the 256
name of the operator. The application for registration shall be 257
made on a form prescribed and provided by the director. All 258
moneys received from registration fees and fines collected under 259
sections 911.01 to 911.20 of the Revised Code shall be deposited 260
with the treasurer of state to the credit of the food, dairies, 261
and drugs SAFETY fund created in section 915.24 of the Revised 262
Code. All annual renewal registration fees required by this 263
section shall be paid by the applicant for such THE renewal to 264
the treasurer of state for deposit into the food, dairies, and 266
drug SAFETY fund. 267
No bakery product that is manufactured in an out-of-state 269
bakery shall be sold or offered for sale within this state unless 270
such THE bakery is in compliance with sections 911.01 to 911.20 271
of the Revised Code, and is registered, having paid the annual 273
registration fee. 274
Registration of out-of-state bakeries is not required if a 276
reciprocal agreement is in effect whereby a bakery located in 277
this state is not subject to a license or registration fee by the 278
receiving state or a political subdivision thereof. 279
Sec. 913.02. No person, firm, or corporation shall engage 288
in the business of operating a cannery without obtaining a 289
license for the operation of each cannery from the director of 290
agriculture. 291
In order to obtain a license, an application shall be made 293
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on a form prescribed by the director and shall be accompanied by 294
a fee of one hundred dollars. The director shall thereupon cause 295
an investigation to be made. If the applicant is supplied with 296
the facilities necessary for complying with sections 913.01 to 297
913.05 of the Revised Code and rules adopted under them, a 298
license shall be issued and shall be effective until the 299
thirtieth day of June, and shall become invalid on that date 300
unless renewed. The fee for each renewal is one hundred dollars. 301
License fees and renewal fees shall be deposited to the credit of 302
the food, dairies, and drugs SAFETY fund created in section 303
915.24 of the Revised Code. 305
The director may suspend or revoke any license for failure 307
to comply with sections 913.01 to 913.05 of the Revised Code, or 308
any rule or order adopted under those sections. In such event, 309
the cannery immediately shall cease operation. 310
Sec. 913.23. (A) The director of agriculture may issue 319
licenses as required by sections 913.22 to 913.28 of the Revised 320
Code, may make the inspections and registrations required by such 321
THOSE sections, and may prescribe the form of application to be 323
filed under this section. 324
(B) No person shall manufacture or bottle for sale within 326
this state any soft drink in closed containers unless he THE 327
PERSON has a license issued by the director. Upon receipt of an 329
application for such a license, the director shall examine the 330
products and the place of manufacture where the business is to be 331
conducted, to determine whether the products and place comply 332
with sections 913.22 to 913.28 of the Revised Code. Upon finding 333
there is compliance, and upon payment of a license fee of one 334
hundred dollars, the director shall issue a license authorizing 335
the applicant to manufacture or bottle for sale such soft drinks, 336
subject to sections 913.22 to 913.28 of the Revised Code. Such 337
THE license shall expire on the last day of March of each year 339
unless renewed. 340
(C) No soft drink that is manufactured or bottled out of 342
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the state shall be sold or offered for sale within this state 343
unless the soft drink and the plant in which the soft drink is 344
bottled are found by the director to comply with sections 913.22 345
to 913.28 of the Revised Code, and is registered by him THE 346
DIRECTOR, which shall be upon a like application as provided in 348
division (B) of this section. 349
An annual registration fee of one hundred dollars shall be 351
paid to the director by each applicant under this division. Such 352
THE registration shall be renewed annually, and the registration 354
fee paid with the application for annual renewal. 355
Registration of out-of-state soft drink manufacturers or 357
syrup and extract manufacturers is not required if a reciprocal 358
agreement is in effect whereby a soft drink manufacturer or syrup 359
and extract manufacturer located in this state is not subject to 360
a license or registration fee by another state or a political 361
subdivision thereof. 362
(D) No person, other than a manufacturer holding a soft 364
drink plant license under this section, shall sell, offer for 365
sale, use, or have in his THE PERSON'S possession with intent to 366
sell, any soda water syrup or extract or soft drink syrup, to be 368
used in making, drawing, or dispensing soda water or other soft 369
drinks, without first registering his THE PERSON'S name and 370
address, the name and address of the manufacturer of the syrup or 372
extract, the number and variety of such syrups or extracts 373
intended to be sold, and the trade name or brand of those 374
products, with the director, together with such samples of the 375
same SYRUPS OR EXTRACTS as the director requests for analysis. 377
Such THE person also shall pay to the department of agriculture 379
at the time of making registration a license fee of fifty 380
dollars. No license shall be granted by the director unless he 381
THE DIRECTOR determines that the syrup or extract is free from 382
all harmful drugs and other ingredients which THAT, as used, may 383
be injurious to health. Said THE registration shall be renewed 384
annually upon like terms. If any manufacturer, agent, or seller 386
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is licensed or has registered his THE MANUFACTURER'S, AGENT'S, OR 387
SELLER'S name and his product as required by this section and has 389
paid his THE MANUFACTURER'S, AGENT'S, OR SELLER'S fee, his THE 390
MANUFACTURER'S, AGENT'S, OR SELLER'S distributor, retail agent, 392
or retail seller using said THE products shall not be required to 394
pay that fee. This section does not apply to local sellers of
soft drinks as to syrups and extracts made by themselves for 395
their own use exclusively. 396
(E) All moneys received under sections 913.22 to 913.28 of 398
the Revised Code shall be deposited with the treasurer of state 399
to the credit of the food, dairies, and drugs SAFETY fund created 401
in section 915.24 of the Revised Code. 402
(F) The director may revoke any license or registration 404
issued under sections 913.22 to 913.28 of the Revised Code, 405
whenever he THE DIRECTOR determines that such THOSE sections have 407
been violated. When a license has been revoked, the licensee 408
shall discontinue the manufacture and sale of soft drinks or 409
other products for which the license was issued. When a 410
registration has been revoked, the registrant shall discontinue 411
the sale within this state of his THE REGISTRANT'S products until 412
those sections have been complied with and a new license or 414
registration has been issued. The director may suspend any such 415
license or registration temporarily, pending compliance with such 416
conditions required by such THOSE sections as he THE DIRECTOR 417
prescribes.
Sec. 915.14. As used in sections 915.14 to 915.24 of the 426
Revised Code, unless the context otherwise requires: 427
(A) "Food" means all articles used by humans for food, 429
drink, ice, confectionery, or condiment, whether simple, mixed, 430
or compound, and any substance used as a constituent in the 431
manufacture thereof. 432
(B) "Establishment" means any business location or 434
building of which any of the following facilities or operations 435
are a part: a frozen food manufacturing facility, 436
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slaughterhouse, locker room, locker, chill room, sharp freezing 437
room and facilities, or sharp freezing cabinet. 438
(C) "Slaughterhouse" means a room or space used to butcher 440
animals for sharp freezing. 441
(D) "Locker room" means any room in an establishment in 443
which lockers are located and in which space may be provided for 444
the storage of frozen food belonging to and for sale by the 445
operator to the public. 446
(E) "Locker" means the individual section or compartment, 448
provided with a lock, of a capacity not to exceed twenty-five 449
cubic feet, in the locker room of an establishment, which is 450
rented by a person, firm, or corporation for the purpose of 451
storing frozen food for its use. 452
(F) "Chill room" means a room or space in an establishment 454
used for the purpose of chilling food in preparation for 455
processing for sharp freezing. 456
(G) "Sharp freezing" means the reducing of every portion 458
of food placed in a sharp freezer facility to a temperature of 459
ten degrees Fahrenheit or less in five hours or less. 460
(H) "Sharp freezing room," "sharp freezing cabinet," or 462
"other sharp freezing facilities" means any location, space, or 463
facility in an establishment used for the sharp freezing of food 464
for storage or eventual sale. 465
(I) "Operator" means any person, firm, or corporation 467
operating or maintaining an establishment. 468
(J) "Frozen food manufacturing facility" means a room or 470
space in an establishment used to freeze food, other than frozen 471
desserts as defined in section 3717.51 917.01 of the Revised 472
Code, for eventual sale in a frozen state. 474
Sec. 915.24. (A) There is hereby created in the state 483
treasury the food, dairies, and drugs SAFETY fund. All of the 484
following moneys shall be credited to the fund: 486
(1) Bakery registration fees and fines received under 488
sections 911.02 to 911.20 of the Revised Code REVISED CODE; 490
11
(2) Cannery license fees and renewal fees received under 492
sections 913.01 to 913.05 of the Revised Code; 493
(3) Moneys received under sections 913.22 to 913.28 of the 495
Revised Code; 496
(4) License fees, fines, and penalties recovered for the 498
violation of sections 915.01 to 915.12 of the Revised Code; 499
(5) License fees collected under sections 915.14 to 915.23 501
AND UNDER SECTION 3715.21 of the Revised Code; 503
(6) Moneys received in accordance with section 917.23 of 505
the Revised Code. 506
(B) The director of agriculture shall use the moneys 508
deposited into the food, dairies, and drugs SAFETY fund to 509
administer and enforce the laws pursuant to which the moneys were 511
collected.
Sec. 917.01. As used in sections 917.01 to 917.23, 520
inclusive, of the Revised Code THIS CHAPTER: 522
(A) "Person" means any natural individual, GOVERNMENT 524
AGENCY, POLITICAL SUBDIVISION, partnership, corporation, 525
affiliated AFFILIATE or subsidiary of a corporation, association, 527
CO-OPERATIVE ASSOCIATION, or other business unit. 528
(B) "Co-operative Association ASSOCIATION" means any 530
association organized under sections 1729.01 to 1729.27, 532
inclusive, of the Revised Code, or under the federal law known as 534
the Capper-Volstead act "CO-OPERATIVE MARKETING ASSOCIATIONS 535
(CAPPER-VOLSTEAD) ACT," 7 U.S.C. 291, 292 (1980), as amended, and 537
qualified to do business in Ohio, if the director OF AGRICULTURE 538
finds such THE association has, in good faith, its entire 539
activities under the control of its members and has been and is 540
exercising full authority in the sale of milk or cream for its
members. 541
(C) "Market Area AREA" means any area which THAT the 544
director finds is a natural marketing area and designates as 546
such.
(D) "Handling" means the purchase, receipt on consignment 548
12
or agency contract, or acquiring of milk or cream from the 550
producer thereof or organizations of producers for the purpose of 551
bottling, selling, processing, jobbing, or distributing the same. 552
(E) "Dealer" includes every OR "MILK DEALER" MEANS A 554
person who handles PURCHASES OR RECEIVES milk or cream FROM A 556
PRODUCER for the purpose of bottling, PACKAGING, selling, 558
processing, jobbing, BROKERING, or distributing the same MILK 559
except where such THE milk or cream is disposed of in the same 561
container in which it is received, without removal from such THE 563
container and without processing in any way except by necessary 565
refrigeration. Any person who buys and distributes milk in 566
containers under his THE PERSON'S own label is a dealer.
(E) "IMITATION" MEANS IMITATION AS DESCRIBED IN 21 C.F.R. 570
101.3, AS AMENDED. 571
(F) "MILK" MEANS THE LACTEAL SECRETION, SUBSTANTIALLY FREE 574
FROM COLOSTRUM, OBTAINED BY THE COMPLETE MILKING OF ONE OR MORE 575
HEALTHY COWS, GOATS, SHEEP, OR OTHER ANIMALS AND INTENDED FOR 576
EITHER OF THE FOLLOWING PURPOSES: 577
(1) TO BE SOLD FOR HUMAN CONSUMPTION OR FOR USE IN DAIRY 580
PRODUCTS;
(2) TO BE USED FOR HUMAN CONSUMPTION OR FOR USE IN DAIRY 583
PRODUCTS ON THE PREMISES OF A GOVERNMENTAL AGENCY OR INSTITUTION. 584
"MILK" DOES NOT INCLUDE A BLEND OF THE LACTEAL SECRETIONS 586
OF DIFFERENT SPECIES. 587
(G) "GRADE A MILK" MEANS MILK PRODUCED BY A PERSON HOLDING 591
A VALID PRODUCER LICENSE OF THE GRADE A MILK CATEGORY ISSUED 592
PURSUANT TO SECTION 917.09 OF THE REVISED CODE. 595
(H) "MANUFACTURE MILK" MEANS MILK PRODUCED BY A PERSON 598
HOLDING A VALID PRODUCER LICENSE OF THE MANUFACTURE MILK CATEGORY 599
ISSUED PURSUANT TO SECTION 917.09 OF THE REVISED CODE. 601
(I) "PRODUCER" OR "MILK PRODUCER" MEANS A GRADE A MILK 604
PRODUCER OR A MANUFACTURE MILK PRODUCER. 605
(J) "GRADE A MILK PRODUCER" MEANS A PERSON LOCATED IN THIS 609
STATE WHO SELLS OR OFFERS FOR SALE GRADE A MILK OBTAINED FROM A 610
13
COW, GOAT, SHEEP, OR OTHER ANIMAL THAT THE PERSON OWNS OR 611
CONTROLS. 612
(K) "MANUFACTURE MILK PRODUCER" MEANS A PERSON LOCATED IN 615
THIS STATE WHO SELLS OR OFFERS FOR SALE MANUFACTURE MILK OBTAINED 616
FROM A COW, GOAT, SHEEP, OR OTHER ANIMAL THAT THE PERSON OWNS OR 617
CONTROLS.
(L) "GRADE A MILK PRODUCTS" MEANS PRODUCTS DERIVED FROM 621
GRADE A MILK AND HAVING THE STANDARD OF IDENTITY, QUALITY, 622
STRENGTH, PURITY, GRADE, AND, IF ADDED, PERMITTED OPTIONAL 623
INGREDIENTS FOUND IN THE STANDARDS OF IDENTITY ESTABLISHED FOR 624
THE PRODUCTS IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION 625
917.02 OR 3715.02 OF THE REVISED CODE, AND INCLUDES: 627
(1) COTTAGE CHEESE; 629
(2) RAW, PASTEURIZED, OR ASEPTICALLY PROCESSED PRODUCTS 632
DERIVED FROM MILK AND DESCRIBED IN EITHER OF THE FOLLOWING:
(a) THE MOST RECENT PUBLISHED RECOMMENDATIONS OF THE FOOD 635
AND DRUG ADMINISTRATION, PUBLIC HEALTH SERVICE, UNITED STATES 637
DEPARTMENT OF HEALTH AND HUMAN SERVICES; 638
(b) RULES ADOPTED BY THE DIRECTOR. 641
(M) "MANUFACTURED MILK PRODUCTS" MEANS ALL PRODUCTS, OTHER 644
THAN RAW MILK FOR SALE TO THE ULTIMATE CONSUMER AND GRADE A MILK 645
PRODUCTS, THAT ARE DERIVED FROM MILK AND ARE FOR HUMAN 646
CONSUMPTION, INCLUDING:
(1) BUTTER; 648
(2) NATURAL OR PROCESSED CHEESE; 650
(3) EVAPORATED, CONDENSED, AND DRY PRODUCTS; 652
(4) FROZEN DESSERTS; 654
(5) SUCH OTHER PRODUCTS DERIVED FROM MILK AS THE DIRECTOR 656
MAY SPECIFY BY RULE THAT HAVE THE STANDARD OF IDENTITY, QUALITY, 657
STRENGTH, PURITY, GRADE, AND, IF ADDED, PERMITTED OPTIONAL 658
INGREDIENTS FOUND IN THE STANDARDS OF IDENTITY ESTABLISHED FOR 659
THE PRODUCT IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION 917.02 660
OR 3715.02 OF THE REVISED CODE. 662
(N) "DAIRY PRODUCTS" MEANS MILK, RAW MILK FOR SALE TO THE 665
14
ULTIMATE CONSUMER, GRADE A MILK PRODUCTS, AND MANUFACTURED MILK 667
PRODUCTS.
(O) "FROZEN DESSERTS" MEANS FROZEN DESSERTS, INCLUDING THE 670
MIXES, DESCRIBED IN 21 C.F.R. 135, AS AMENDED, UNLESS OTHERWISE 672
SPECIFIED BY THE DIRECTOR BY RULE. 673
(P) "MILK PLANT" MEANS A GRADE A MILK PLANT OR MANUFACTURE 677
MILK PLANT.
(Q) "GRADE A MILK PLANT" MEANS A PLACE, INCLUDING A 681
GOVERNMENTAL OPERATION, WHERE GRADE A MILK OR A GRADE A MILK 683
PRODUCT IS COLLECTED, HANDLED, CONTROLLED, PROCESSED, STORED, 684
PASTEURIZED, ULTRA-PASTEURIZED, REPASTEURIZED, ASEPTICALLY 685
PROCESSED, BOTTLED, OR PREPARED FOR DISTRIBUTION, BUT DOES NOT 686
INCLUDE A PLACE WHERE A GRADE A MILK PRODUCT IS PURCHASED IN 687
PACKAGED FORM AND IS STORED AND HANDLED FOR THE SOLE PURPOSE OF 688
SALE TO THE ULTIMATE CONSUMER.
(R) "MANUFACTURE MILK PLANT" MEANS A PLACE, INCLUDING A 691
GOVERNMENTAL OPERATION, WHERE MANUFACTURE MILK OR A MANUFACTURED 692
MILK PRODUCT IS COLLECTED, HANDLED, CONTROLLED, MANUFACTURED, 693
PROCESSED, STORED, PASTEURIZED, ULTRA-PASTEURIZED, REPASTEURIZED, 694
COMMERCIALLY STERILIZED, ASEPTICALLY PROCESSED, BOTTLED, OR 695
PREPARED FOR DISTRIBUTION, BUT DOES NOT INCLUDE A PLACE WHERE A 696
MANUFACTURED MILK PRODUCT IS PURCHASED IN PACKAGED FORM AND IS 697
STORED AND HANDLED FOR THE SOLE PURPOSE OF SALE TO THE ULTIMATE 698
CONSUMER. 699
(S) "RAW MILK FOR SALE TO THE ULTIMATE CONSUMER" MEANS THE 702
RAW MILK SOLD OR OFFERED FOR SALE BY A RAW MILK RETAILER. 703
(T) "RAW MILK RETAILER" MEANS A PERSON WHO, PRIOR TO 707
OCTOBER 31, 1965, WAS ENGAGED CONTINUOUSLY IN THE BUSINESS OF 708
SELLING OR OFFERING FOR SALE RAW MILK DIRECTLY TO ULTIMATE 709
CONSUMERS AND WHO HOLDS A VALID MILK DEALER LICENSE ISSUED UNDER 710
SECTION 917.09 OF THE REVISED CODE. 712
(U) "PROCESSOR" OR "MILK PROCESSOR" MEANS A GRADE A MILK 715
PROCESSOR OR A MANUFACTURE MILK PROCESSOR. 716
(V) "GRADE A MILK PROCESSOR" MEANS A PERSON WHO OPERATES 720
15
OR CONTROLS A MILK PLANT THAT IS LOCATED IN THIS STATE OR FROM 721
WHICH GRADE A MILK OR GRADE A MILK PRODUCTS ARE SOLD OR OFFERED 724
FOR SALE FOR HUMAN CONSUMPTION.
(W) "MANUFACTURE MILK PROCESSOR" MEANS ANY PERSON WHO 726
OPERATES OR CONTROLS A MANUFACTURE MILK PLANT THAT IS LOCATED IN 727
THIS STATE OR FROM WHICH MANUFACTURE MILK OR MANUFACTURED MILK 728
PRODUCTS ARE SOLD OR OFFERED FOR SALE FOR HUMAN CONSUMPTION. 729
(X) "WEIGHER, SAMPLER, OR TESTER" MEANS A PERSON WHO, IN 732
ORDER TO DETERMINE VOLUME, WEIGHT, OR COMPOSITION FOR THE PURPOSE 733
OF DETERMINING PRICE, WEIGHS, TESTS, OR SAMPLES EITHER OF THE 734
FOLLOWING:
(1) MILK AT A DAIRY FARM; 736
(2) MILK OR CREAM PURCHASED BY A DEALER FROM A MILK 738
PRODUCER OR CO-OPERATIVE ASSOCIATION. 739
(Y) "HAULER" OR "MILK HAULER" MEANS A PERSON WHO OWNS OR 742
LEASES A VEHICLE OR CONVEYANCE USED TO TRANSPORT RAW MILK, BUT 743
DOES NOT INCLUDE A PRODUCER TRANSPORTING RAW MILK THAT THE 744
PRODUCER HAS PRODUCED. 745
(Z) "LICENSE" MEANS A LICENSE ISSUED UNDER SECTION 917.09 748
OF THE REVISED CODE AND INCLUDES A REGISTRATION ISSUED UNDER 751
DIVISION (I) OF THAT SECTION. 752
Sec. 917.02. THE DIRECTOR OF AGRICULTURE MAY DO ANY OF THE 755
FOLLOWING:
(A) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 759
REVISED CODE REGULATING ALL OF THE FOLLOWING: 761
(1) THE SANITARY PRODUCTION, STORAGE, TRANSPORTATION, 763
MANUFACTURING, HANDLING, PROCESSING, SAMPLING, TESTING, 764
EXAMINATION, AND SALE OF DAIRY PRODUCTS; 765
(2) THE SUSPENSION AND REVOCATION OF LICENSES ISSUED UNDER 767
SECTION 917.09 OF THE REVISED CODE, PROVIDED THAT THE RULES ARE 769
IN ACCORDANCE WITH AND DO NOT CONFLICT WITH SECTION 917.22 OF THE 770
REVISED CODE; 772
(3) TERMS AND RENEWAL PERIODS, REGISTRATION REQUIREMENTS, 774
CATEGORIES, AND FEES FOR LICENSES ISSUED UNDER SECTION 917.09 OF 775
16
THE REVISED CODE, EXCEPT THAT THE FEE FOR A PRODUCER'S LICENSE 778
SHALL NOT EXCEED FIFTEEN DOLLARS;
(4) EXAMINATIONS THAT MUST BE PASSED PRIOR TO ISSUANCE OF 780
A WEIGHER, SAMPLER, OR TESTER LICENSE AND INSPECTIONS THAT MUST 781
BE PASSED PRIOR TO ISSUANCE OF ANY OTHER TYPE OF LICENSE ISSUED 782
UNDER SECTION 917.09 OF THE REVISED CODE; 785
(5) PROCEDURES FOR ISSUING AND RENEWING LICENSES UNDER 787
SECTION 917.09 OF THE REVISED CODE; 789
(6) INFORMATION THAT AN APPLICANT FOR A LICENSE ISSUED 791
UNDER SECTION 917.09 OF THE REVISED CODE IS REQUIRED TO PROVIDE 794
ON THE APPLICATION FOR LICENSURE; 795
(7) STANDARDS FOR EQUIPMENT OR MATERIALS USED FOR THE 797
PRODUCTION, PROCESSING, AND HANDLING OF DAIRY PRODUCTS; 798
(8) RECORDS TO BE KEPT BY PERSONS HOLDING A LICENSE ISSUED 800
UNDER THIS CHAPTER AND THE INSPECTION AND AUDITING OF BOOKS AND 802
RECORDS OF THOSE PERSONS;
(9) SECURITY ARRANGEMENTS AND EVIDENCE OF FINANCIAL 804
RESPONSIBILITY FOR MILK DEALERS, TO ENSURE PROMPT PAYMENT TO MILK 806
PRODUCERS;
(10) STANDARDS OF IDENTITY, QUALITY, STRENGTH, PURITY, 808
GRADING, AND LABELING OF DAIRY PRODUCTS; 809
(11) THE PRODUCTION, PROCESSING, AND HANDLING OF DAIRY 811
PRODUCTS AND THE PURCHASE OF AND PAYMENT FOR MILK AND CREAM BY 812
MILK DEALERS; 813
(12) CRITERIA FOR THE EQUIPMENT, METHODS, OR MATERIALS TO 815
BE USED IN PERFORMING WEIGHING, VOLUMETRIC MEASURING, SAMPLING, 816
AND TESTING OF MILK AND ITS COMPONENTS WHEN SUCH AN OPERATION IS 817
USED AS THE BASIS FOR DETERMINING PAYMENT FOR MILK DELIVERED TO 818
OR PURCHASED BY DEALERS;
(13) THE SIZE AND PLACEMENT OF LABELS AND OF WORDS ON 820
LABELS REQUIRED BY SECTION 917.04 OF THE REVISED CODE TO BE 823
PLACED ON FINAL DELIVERY CONTAINERS USED FOR THE SALE OF RAW MILK 824
TO ULTIMATE CONSUMERS. 825
THE DIRECTOR SHALL HAVE EXCLUSIVE AUTHORITY TO ADMINISTER 827
17
AND ENFORCE RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION. 829
(B) ENTER INTO, WITH THE APPROVAL OF THE MILK SANITATION 832
BOARD, AN AGREEMENT WITH A PUBLIC OR PRIVATE ENTITY THAT THE 833
DIRECTOR DETERMINES IS PROPERLY QUALIFIED FOR THE PERFORMANCE OF 834
ANY OF THE INSPECTIONS AND ANALYSES REQUIRED BY THIS CHAPTER; 836
(C) ADOPT RULES BY REFERENCE TO ALL OR ANY PART OF THE 839
FOLLOWING RECOMMENDATIONS: 840
(1) THE GRADE A PASTEURIZED MILK ORDINANCE, AS AMENDED, 843
AND THE "GRADE A CONDENSED AND DRY MILK PRODUCTS AND CONDENSED 845
AND DRY WHEY" SUPPLEMENT I TO THE GRADE A PASTEURIZED MILK 847
ORDINANCE OF THE FOOD AND DRUG ADMINISTRATION, PUBLIC HEALTH 848
SERVICE, OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN 851
SERVICES, TO THE EXTENT THOSE PROVISIONS DO NOT CONFLICT WITH THE 852
LAWS OF THIS STATE;
(2) THE MOST RECENT RECOMMENDATIONS FOR MILK FOR 854
MANUFACTURING PURPOSES AND ITS PRODUCTION AND PROCESSING 855
PUBLISHED IN FINAL FORM IN THE FEDERAL REGISTER BY THE UNITED 860
STATES DEPARTMENT OF AGRICULTURE, TO THE EXTENT THOSE 861
RECOMMENDATIONS DO NOT CONFLICT WITH THE LAWS OF THIS STATE. 862
(D) ADMINISTER AND ENFORCE THIS CHAPTER AND RULES ADOPTED 865
UNDER IT AND APPOINT INSPECTORS AND OTHER PERSONNEL NECESSARY TO 867
CARRY OUT THE PROVISIONS OF THIS CHAPTER AND THOSE RULES; 868
(E) EMBARGO A DAIRY PRODUCT THAT THE DIRECTOR REASONABLY 871
SUSPECTS, BELIEVES, OR DETERMINES IS ADULTERATED AS DESCRIBED IN 872
SECTION 3715.59 OF THE REVISED CODE OR IS MISBRANDED AS DESCRIBED 875
IN SECTION 3715.60 OF THE REVISED CODE; 877
(F) ADOPT BY REFERENCE ALL OR ANY PART OF THE RULES 880
GOVERNING THE DAIRY INDUSTRY ADOPTED BY THE UNITED STATES FOOD 882
AND DRUG ADMINISTRATION AND THE UNITED STATES DEPARTMENT OF 884
AGRICULTURE; 885
(G) ANNUALLY, NOT LATER THAN NINETY DAYS AFTER THE END OF 888
THE STATE FISCAL YEAR, DETERMINE THE EXPENSE OF ADMINISTERING AND 889
ENFORCING THIS CHAPTER AND RULES ADOPTED UNDER IT DURING THE 890
PRECEDING STATE FISCAL YEAR AND REPORT THE DETERMINATIONS TO THE 891
18
MILK SANITATION BOARD CREATED IN SECTION 917.03 OF THE REVISED 894
CODE.
Sec. 917.03. THERE IS HEREBY CREATED A MILK SANITATION 896
BOARD CONSISTING OF THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S 898
AUTHORIZED REPRESENTATIVE, THE DIRECTOR OF HEALTH OR THE 899
DIRECTOR'S AUTHORIZED REPRESENTATIVE, AND THE FOLLOWING MEMBERS 900
TO BE APPOINTED BY THE DIRECTOR OF AGRICULTURE:
(A) TWO GRADE A MILK PRODUCERS; 903
(B) ONE MANUFACTURE MILK PRODUCER; 905
(C) THREE MILK PROCESSORS, ONE OF WHOM SHALL BE A GRADE A 908
MILK PROCESSOR AND ONE OF WHOM SHALL BE A MANUFACTURE MILK 909
PROCESSOR;
(D) ONE MILK HAULER. 911
THE THREE MEMBERS WHO ARE MILK PRODUCERS SHALL NOT BE 913
MEMBERS OR REPRESENTATIVES OF THE SAME CO-OPERATIVE ASSOCIATION. 915
THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S AUTHORIZED 917
REPRESENTATIVE SHALL SERVE AS CHAIRPERSON OF THE BOARD. 918
BEFORE MAKING THE APPOINTMENTS TO THE BOARD REQUIRED UNDER 920
THIS SECTION, THE DIRECTOR OF AGRICULTURE SHALL CONSULT THE 921
RESPECTIVE STATEWIDE TRADE ORGANIZATIONS THAT REPRESENT GRADE A 923
MILK PRODUCERS, MANUFACTURE MILK PRODUCERS, MILK PROCESSORS, AND 924
MILK HAULERS.
OF THE INITIAL APPOINTMENTS, ONE GRADE A MILK PRODUCER, ONE 927
MILK PROCESSOR, AND THE MILK HAULER SHALL SERVE FOR A TERM ENDING 928
DECEMBER 31, 1998, ONE GRADE A MILK PRODUCER AND THE MANUFACTURE 931
MILK PROCESSOR SHALL SERVE FOR A TERM ENDING DECEMBER 31, 1999, 932
AND THE MANUFACTURE MILK PRODUCER AND A GRADE A MILK PROCESSOR 934
SHALL SERVE FOR A TERM ENDING DECEMBER 31, 2000. THEREAFTER, 936
MEMBERS SHALL SERVE THREE-YEAR TERMS THAT EXPIRE ON THE 937
THIRTY-FIRST DAY OF DECEMBER.
EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT 939
UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. A 940
MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE 941
EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS 942
19
APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THE TERM. A 943
MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE 945
OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR 946
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. A 947
MEMBER SHALL CONTINUE IN OFFICE FOR THE ENTIRETY OF THE MEMBER'S 948
TERM UNLESS REMOVED FOR MISFEASANCE, MALFEASANCE, OR NONFEASANCE. 949
THE DIRECTOR SHALL PROVIDE THE BOARD WITH THE PERSONNEL, 951
OFFICE SPACE, AND INCIDENTALS NECESSARY FOR IT TO PERFORM ITS 952
DUTIES AND EXERCISE ITS POWERS. MEMBERS SHALL BE REIMBURSED FOR 953
THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE 954
OF THEIR DUTIES. APPOINTED MEMBERS SHALL RECEIVE COMPENSATION IN 955
AN AMOUNT DETERMINED PURSUANT TO DIVISION (J) OF SECTION 124.15 957
OF THE REVISED CODE. 959
Sec. 917.031. THE MILK SANITATION BOARD MAY DO ALL OF THE 961
FOLLOWING: 962
(A) ADVISE AND CONSULT WITH THE DIRECTOR OF AGRICULTURE IN 965
THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER AND RULES 966
ADOPTED UNDER IT;
(B) MAKE RECOMMENDATIONS TO THE DIRECTOR REGARDING 969
PROPOSED RULES;
(C) APPROVE OR DISAPPROVE AGREEMENTS BETWEEN THE DIRECTOR 972
AND ANY PUBLIC OR PRIVATE ENTITY DESIRING TO PERFORM OR 973
PERFORMING ANY OF THE INSPECTIONS OR ANALYSES REQUIRED UNDER THIS 975
CHAPTER AND RULES ADOPTED UNDER IT. 976
THE MILK SANITATION BOARD, AFTER REVIEWING THE DIRECTOR'S 978
ANNUAL REPORT REQUIRED UNDER DIVISION (G) OF SECTION 917.02 OF 980
THE REVISED CODE, SHALL PRESCRIBE INSPECTION FEES FOR MILK 983
PRODUCERS AND MILK PROCESSORS, AND MAY PRESCRIBE INSPECTION FEES 984
FOR MILK HAULERS, EXCEPT THAT NO INSPECTION FEES SHALL BE 985
PRESCRIBED FOR MANUFACTURE MILK PRODUCERS, PROCESSORS, OR HAULERS 986
UNTIL ON OR AFTER JULY 1, 1998. THE BOARD MAY MODIFY ANY FEES IT 988
HAS PRESCRIBED. THE FEES PRESCRIBED OR MODIFIED BY THE BOARD 989
TOGETHER WITH THE LICENSE FEES COLLECTED PURSUANT TO THIS CHAPTER 990
SHALL NOT EXCEED SIXTY-THREE PER CENT OF THE ESTIMATED COST OF 991
20
ADMINISTERING AND ENFORCING THIS CHAPTER, AS DETERMINED BY THE 992
BOARD'S REVIEW OF THE DIRECTOR'S ANNUAL REPORT. 993
Sec. 917.032. THE MILK SANITATION BOARD SHALL CREATE THREE 996
STANDING SUBCOMMITTEES AND MAY CREATE OTHER SUBCOMMITTEES
CONSISTING OF BOARD MEMBERS OR NONMEMBERS TO REVIEW AND CONSIDER 998
ANY ISSUE RELEVANT TO THIS CHAPTER AND TO REPORT FINDINGS AND 999
MAKE RECOMMENDATIONS TO THE BOARD. EACH OF THE THREE STANDING 1,000
SUBCOMMITTEES SHALL CONSIST OF EIGHT MEMBERS. ONE STANDING 1,001
SUBCOMMITTEE SHALL REPRESENT GRADE A MILK PRODUCTION AND 1,003
PROCESSING, ONE SHALL REPRESENT MANUFACTURE MILK PRODUCTION AND 1,004
MANUFACTURING, AND ONE SHALL REPRESENT FROZEN DESSERT 1,005
MANUFACTURING. 1,006
THE DIRECTOR OF AGRICULTURE SHALL APPOINT MEMBERS OF THE 1,008
THREE STANDING SUBCOMMITTEES AFTER CONSULTING WITH STATEWIDE 1,009
TRADE ORGANIZATIONS REPRESENTING GRADE A MILK PRODUCERS AND 1,011
PROCESSORS, MANUFACTURE MILK PRODUCERS AND MANUFACTURERS, AND 1,012
FROZEN DESSERT MANUFACTURERS, RESPECTIVELY. THE DIRECTOR SHALL 1,013
APPOINT AT LEAST ONE MEMBER OF THE MILK SANITATION BOARD TO SERVE 1,015
ON EACH STANDING SUBCOMMITTEE, AND THE DIRECTOR OR THE DIRECTOR'S
AUTHORIZED REPRESENTATIVE SHALL APPOINT AT LEAST ONE MEMBER OF 1,016
THE MILK SANITATION BOARD TO SERVE ON EACH OTHER SUBCOMMITTEE. 1,017
THE DIRECTOR SHALL APPOINT ALL OTHER MEMBERS OF STANDING 1,018
SUBCOMMITTEES, AND THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED 1,019
REPRESENTATIVE SHALL APPOINT ALL OTHER MEMBERS OF THE OTHER 1,020
SUBCOMMITTEES. THE DIRECTOR SHALL DETERMINE THE LENGTH OF THE 1,021
TERM OF OFFICE OF EACH MEMBER OF A STANDING SUBCOMMITTEE OR OTHER 1,022
SUBCOMMITTEE AND MAY REMOVE A MEMBER FOR MISFEASANCE,
MALFEASANCE, OR NONFEASANCE. 1,023
A STANDING SUBCOMMITTEE OR ANY OTHER SUBCOMMITTEE MAY DO 1,025
ALL OF THE FOLLOWING: 1,026
(A) ADVISE AND CONSULT WITH THE MILK SANITATION BOARD IN 1,029
THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER AND RULES 1,030
ADOPTED UNDER IT;
(B) MAKE RECOMMENDATIONS TO THE MILK SANITATION BOARD 1,033
21
REGARDING PROPOSED RULES;
(C) APPROVE OR DISAPPROVE AGREEMENTS BETWEEN THE DIRECTOR 1,036
AND ANY PRIVATE OR PUBLIC ENTITY DESIRING TO PERFORM OR 1,037
PERFORMING ANY OF THE INSPECTIONS OR ANALYSES REQUIRED UNDER THIS 1,039
CHAPTER AND RULES ADOPTED UNDER IT. 1,040
Sec. 917.04. NO RAW MILK RETAILER SHALL SELL, OFFER FOR 1,042
SALE, OR EXPOSE FOR SALE RAW MILK TO THE ULTIMATE CONSUMER EXCEPT 1,044
A RAW MILK RETAILER WHO, PRIOR TO OCTOBER 31, 1965, WAS ENGAGED 1,045
CONTINUOUSLY IN THE BUSINESS OF SELLING OR OFFERING FOR SALE RAW 1,046
MILK DIRECTLY TO ULTIMATE CONSUMERS, HOLDS A VALID MILK DEALER 1,047
LICENSE ISSUED UNDER SECTION 917.09 OF THE REVISED CODE, AND IS 1,050
SUBJECT TO THE RULES REGULATING THE SALE OF RAW MILK ADOPTED 1,051
UNDER THIS CHAPTER. 1,052
NO PERSON SHALL FAIL TO LABEL, IN ACCORDANCE WITH RULES 1,054
ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 917.02 OF 1,055
THE REVISED CODE, ALL FINAL DELIVERY CONTAINERS USED FOR THE SALE 1,058
OF RAW MILK TO ULTIMATE CONSUMERS WITH THE WORDS "THIS PRODUCT 1,059
HAS NOT BEEN PASTEURIZED AND MAY CONTAIN DISEASE-PRODUCING 1,060
ORGANISMS."
Sec. 917.05. NO PERSON SHALL DO ANY OF THE FOLLOWING OR 1,063
CAUSE ANY OF THE FOLLOWING TO BE DONE:
(A) REPRESENT AN IMITATION TO BE A DAIRY PRODUCT; 1,066
(B) USE A MEASURE, TEST, OR EQUIPMENT, FOR THE PURPOSE OF 1,069
DETERMINING THE IDENTITY, QUALITY, STRENGTH, PURITY, GRADE, 1,070
QUANTITY, OR PRICE OF A DAIRY PRODUCT, THAT DOES NOT COMPLY WITH 1,071
STANDARDS ESTABLISHED BY THE DIRECTOR OF AGRICULTURE BY RULE; 1,072
(C) CONDUCT A TEST TO DETERMINE THE IDENTITY, QUALITY, 1,075
STRENGTH, PURITY, GRADE, QUANTITY, OR PRICE OF A DAIRY PRODUCT IN 1,076
A MANNER THAT IS NOT IN ACCORDANCE WITH RULES ADOPTED BY THE 1,077
DIRECTOR;
(D) ALTER OR DESTROY THE RESULTS OF A TEST CONDUCTED TO 1,080
DETERMINE THE IDENTITY, QUALITY, STRENGTH, PURITY, GRADE, 1,081
QUANTITY, OR PRICE OF A DAIRY PRODUCT; 1,082
(E) MANUFACTURE, SELL, OR DELIVER, HOLD, OR OFFER FOR SALE 1,085
22
A DAIRY PRODUCT THAT IS NOT LABELED OR REPRESENTED IN ACCORDANCE 1,086
WITH THE "NUTRITION LABELING AND EDUCATION ACT OF 1990," 104 1,090
STAT. 2353, 21 U.S.C.A. 343, AS AMENDED, AND REGULATIONS ADOPTED 1,091
UNDER IT, AND WITH THIS CHAPTER AND CHAPTER 3715. OF THE REVISED 1,093
CODE AND RULES ADOPTED UNDER THOSE CHAPTERS; 1,094
(F) MANUFACTURE, SELL, OR DELIVER, HOLD, OR OFFER FOR SALE 1,097
A DAIRY PRODUCT THAT IS ADULTERATED AS DESCRIBED IN SECTION 1,098
3715.59 OF THE REVISED CODE OR IS MISBRANDED AS DESCRIBED IN 1,101
SECTION 3715.60 OF THE REVISED CODE; 1,103
(G) USE FOR HUMAN CONSUMPTION GOAT'S MILK, SHEEP'S MILK, 1,106
OR ANOTHER ANIMAL'S MILK, EXCEPT TO MANUFACTURE DAIRY PRODUCTS 1,107
THAT ARE DESCRIBED IN 21 C.F.R., AS AMENDED, OR RECOGNIZED AS 1,109
NONSTANDARDIZED TRADITIONAL PRODUCTS NORMALLY MANUFACTURED FROM 1,110
THE ANIMAL'S MILK.
Sec. 917.06. (A) AS USED IN THIS SECTION, "POLITICAL 1,113
SUBDIVISION" MEANS A COUNTY, TOWNSHIP, OR MUNICIPAL CORPORATION 1,114
AND ANY OTHER BODY CORPORATE AND POLITIC THAT IS RESPONSIBLE FOR 1,115
GOVERNMENT ACTIVITIES IN A GEOGRAPHIC AREA SMALLER THAN THAT OF 1,116
THE STATE.
(B) ALL POLITICAL SUBDIVISIONS SHALL GIVE FULL FAITH AND 1,119
CREDIT TO THE INSPECTIONS AND ACTS PERFORMED AND RECORDS CREATED 1,120
IN THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER AND THE 1,121
RULES ADOPTED UNDER IT. NO POLITICAL SUBDIVISION SHALL REQUIRE A 1,122
PERSON LICENSED UNDER SECTION 917.09 OF THE REVISED CODE TO 1,125
OBTAIN A LICENSE OR PERMIT TO OPERATE IN A MANNER DESCRIBED IN 1,126
THIS CHAPTER OR URLES ADOPTED UNDER IT, TO SUBMIT TO AN 1,127
INSPECTION OR PAY A FEE RELATED TO THIS CHAPTER OR THE RULES 1,128
ADOPTED UNDER IT, OR TO SATISFY ANY OTHER CONDITION EXCEPT AS 1,129
PROVIDED BY A STATUTE OR RULE OF THIS STATE OR THE UNITED STATES. 1,131
Sec. 917.07. THE DAIRY INDUSTRY FUND IS HEREBY CREATED IN 1,133
THE STATE TREASURY. ALL INSPECTION FEES AND LICENSE FEES 1,134
COLLECTED UNDER THIS CHAPTER SHALL BE DEPOSITED INTO THE FUND. 1,136
THE DAIRY FUND IS HEREBY CREATED IN THE STATE TREASURY. 1,138
ALL FINE MONEYS RECEIVED BY THE TREASURER OF STATE PURSUANT TO 1,139
23
DIVISION (E) OF SECTION 917.99 OF THE REVISED CODE AND ANY OTHER 1,140
MONEYS COLLECTED UNDER THIS CHAPTER, EXCEPT FOR INSPECTION FEES 1,142
AND LICENSE FEES, SHALL BE DEPOSITED INTO THE FUND. 1,143
MONEYS CREDITED TO THE DAIRY INDUSTRY FUND AND THE DAIRY 1,145
FUND SHALL BE USED TO OPERATE AND PAY EXPENSES OF THE DIVISION OF 1,147
DAIRY IN THE DEPARTMENT OF AGRICULTURE.
Sec. 917.08. The director of agriculture shall administer 1,156
and enforce sections 917.01 to 917.23, inclusive, of the Revised 1,157
Code, and after consulting the department of dairy technology of 1,158
the college of agriculture of the Ohio state university, shall 1,159
prescribe regulations setting up qualifications of applicants for 1,160
licenses as weighers, samplers, testers, or bulk tank operators, 1,161
and governing the form, nature, and subject matter of CONDUCT 1,162
examinations to be conducted to test such qualifications, and 1,163
shall provide for holding such examinations OF APPLICANTS FOR A 1,165
WEIGHER, SAMPLER, AND TESTER LICENSE ISSUED UNDER SECTION 917.09 1,166
OF THE REVISED CODE at such times and IN such places as in his 1,167
THE DIRECTOR'S opinion will afford all THE applicants an 1,169
opportunity to attend TAKE THE EXAMINATION at reasonable expense, 1,170
and will provide a sufficient number of qualified persons to be 1,171
licensed to perform the services required by such sections. The 1,172
director may designate any officers or employees of the 1,174
department of agriculture, or may employ one or more persons 1,176
recommended by the department of dairy technology, to conduct 1,177
such THE examinations and the services of such persons, when 1,178
approved by the director, shall have the same effect as though 1,180
such services were personally performed by the director. 1,181
Sec. 917.09. (A) THE DIRECTOR OF AGRICULTURE MAY ISSUE 1,183
THE FOLLOWING TYPES OF LICENSES: 1,185
(1) PRODUCER; 1,187
(2) PROCESSOR; 1,189
(3) MILK DEALER; 1,191
(4) RAW MILK RETAILER; 1,193
(5) WEIGHER, SAMPLER, AND TESTER; 1,195
24
(6) MILK HAULER. 1,197
(B) THE DIRECTOR MAY ADOPT RULES ESTABLISHING CATEGORIES 1,200
FOR EACH TYPE OF LICENSE THAT ARE BASED ON THE GRADE OR TYPE OF 1,201
DAIRY PRODUCT WITH WHICH THE LICENSEE IS INVOLVED. 1,202
(C) EXCEPT AS PROVIDED IN SECTION 917.091 OF THE REVISED 1,207
CODE AND DIVISION (I) OF THIS SECTION, NO PERSON SHALL ACT AS OR 1,209
HOLD THE PERSON'S SELF OUT AS A PRODUCER; PROCESSOR; MILK DEALER; 1,210
RAW MILK RETAILER; WEIGHER, SAMPLER, OR TESTER; OR MILK HAULER 1,211
UNLESS THE PERSON HOLDS A VALID LICENSE ISSUED BY THE DIRECTOR 1,212
UNDER THIS SECTION.
(D) EACH PERSON DESIRING A LICENSE SHALL SUBMIT TO THE 1,215
DIRECTOR A LICENSE APPLICATION ON A FORM PRESCRIBED BY THE 1,216
DIRECTOR, ACCOMPANIED BY A LICENSE FEE IN AN AMOUNT SPECIFIED IN 1,217
RULES ADOPTED UNDER SECTION 917.02 OF THE REVISED CODE. THE 1,219
APPLICANT SHALL SPECIFY ON THE APPLICATION THE TYPE OF LICENSE 1,220
AND CATEGORY REQUESTED AND SHALL INCLUDE ANY OTHER INFORMATION 1,221
REQUIRED BY RULES ADOPTED UNDER SECTION 917.02 OF THE REVISED 1,224
CODE.
(E) EACH APPLICANT FOR A WEIGHER, SAMPLER, AND TESTER 1,227
LICENSE OR REGISTRATION, PRIOR TO ISSUANCE OF THE LICENSE OR 1,228
REGISTRATION, SHALL PASS AN EXAMINATION THAT IS GIVEN IN 1,229
ACCORDANCE WITH SECTION 917.08 OF THE REVISED CODE AND RULES 1,231
ADOPTED UNDER SECTION 917.02 OF THE REVISED CODE. 1,233
EACH APPLICANT FOR ANY OTHER TYPE OF LICENSE ISSUED UNDER 1,235
THIS SECTION, PRIOR TO ISSUANCE OF THE LICENSE, SHALL PASS AN 1,236
INSPECTION THAT IS MADE IN ACCORDANCE WITH RULES ADOPTED UNDER 1,237
SECTION 917.02 OF THE REVISED CODE. 1,239
(F) THE DIRECTOR SHALL NOT ISSUE A LICENSE TO AN APPLICANT 1,242
UNLESS THE DIRECTOR DETERMINES, THROUGH AN INSPECTION OR 1,243
OTHERWISE, THAT THE APPLICANT IS IN COMPLIANCE WITH THE 1,244
REQUIREMENTS SET FORTH IN THIS CHAPTER AND THE RULES ADOPTED 1,245
UNDER IT.
(G) EXAMINATIONS THAT MUST BE PASSED PRIOR TO ISSUANCE OF 1,248
A WEIGHER, SAMPLER, AND TESTER LICENSE, INSPECTIONS THAT MUST BE 1,249
25
PASSED PRIOR TO ISSUANCE OF ANY OTHER TYPE OF LICENSE ISSUED 1,250
UNDER THIS SECTION, PROCEDURES FOR ISSUING AND RENEWING LICENSES, 1,251
AND LICENSE TERMS AND RENEWAL PERIODS SHALL COMPLY WITH RULES 1,252
ADOPTED UNDER SECTION 917.02 OF THE REVISED CODE. 1,254
(H) SUSPENSION AND REVOCATION OF LICENSES SHALL COMPLY 1,257
WITH SECTION 917.22 OF THE REVISED CODE AND RULES ADOPTED UNDER 1,259
SECTION 917.02 OF THE REVISED CODE. 1,261
(I) A PERSON WHOSE RELIGION PROHIBITS THE PERSON FROM 1,264
OBTAINING A LICENSE UNDER THIS SECTION, IN PLACE OF A LICENSE, 1,265
SHALL REGISTER WITH THE DIRECTOR AS A PRODUCER; PROCESSOR; MILK 1,266
DEALER; RAW MILK RETAILER; WEIGHER, SAMPLER, OR TESTER; OR MILK 1,267
HAULER.
THE PERSON CLAIMING THE EXEMPTION FROM LICENSURE SHALL 1,269
REGISTER ON A FORM PRESCRIBED BY THE DIRECTOR AND SHALL MEET ANY 1,270
OTHER REGISTRATION REQUIREMENTS CONTAINED IN RULES ADOPTED UNDER 1,271
SECTION 917.02 OF THE REVISED CODE. UPON RECEIVING THE PERSON'S 1,274
REGISTRATION FORM AND DETERMINING THAT THE PERSON HAS SATISFIED 1,275
ALL REQUIREMENTS FOR REGISTRATION, THE DIRECTOR SHALL NOTIFY THE 1,276
PERSON THAT THE PERSON IS REGISTERED TO LAWFULLY OPERATE AS A 1,277
PRODUCER; PROCESSOR; MILK DEALER; RAW MILK RETAILER; WEIGHER, 1,278
SAMPLER, OR TESTER; OR MILK HAULER.
A REGISTRANT IS SUBJECT TO ALL PROVISIONS GOVERNING 1,280
LICENSEES, SUCH AS PROVISIONS CONCERNING TESTING, SAMPLING, AND 1,281
INSPECTION OF DAIRY PRODUCTS. A REGISTRANT IS SUBJECT TO 1,282
PROVISIONS GOVERNING ISSUANCE OF A TEMPORARY WEIGHER, SAMPLER, 1,283
AND TESTER LICENSE UNDER SECTION 917.091 OF THE REVISED CODE. A 1,286
REGISTRATION SHALL BE RENEWED, SUSPENDED, AND REVOKED UNDER THE 1,287
SAME TERMS AS A LICENSE. 1,288
Sec. 917.091. THE DIRECTOR OF AGRICULTURE MAY ISSUE A 1,290
TEMPORARY WEIGHER, SAMPLER, AND TESTER LICENSE TO AN APPLICANT 1,291
UPON DETERMINING THAT THE APPLICANT HAS MET ALL QUALIFICATIONS 1,292
FOR LICENSURE UNDER SECTION 917.09 OF THE REVISED CODE EXCEPT 1,295
SUCCESSFUL COMPLETION OF AN EXAMINATION. A TEMPORARY WEIGHER, 1,296
SAMPLER, AND TESTER LICENSE IS EFFECTIVE ONLY UNTIL THE DATE OF 1,298
26
THE NEXT EXAMINATION. AN APPLICANT WHO HAS NOT TAKEN AN
EXAMINATION FOR LICENSURE MAY RECEIVE NO MORE THAN THREE 1,299
TEMPORARY WEIGHER, SAMPLER, AND TESTER LICENSES. AN APPLICANT 1,300
WHO TAKES AND FAILS AN EXAMINATION FOR LICENSURE MAY RECEIVE NO 1,301
MORE THAN TWO TEMPORARY WEIGHER, SAMPLER, AND TESTER LICENSES. 1,303
IF AN APPLICANT FOR A TEMPORARY WEIGHER, SAMPLER, AND 1,305
TESTER LICENSE PREVIOUSLY HELD A WEIGHER, SAMPLER, AND TESTER 1,306
LICENSE ISSUED UNDER SECTION 917.09 OF THE REVISED CODE, THE 1,309
FOLLOWING SHALL APPLY, AS APPROPRIATE: 1,310
(A) IN THE CASE OF A LICENSE THAT EXPIRED NOT MORE THAN 1,313
TWELVE MONTHS PREVIOUSLY, THE APPLICANT SHALL SUBMIT AN 1,314
APPLICATION AND THE APPROPRIATE FEE BUT IS NOT REQUIRED TO TAKE 1,315
AND PASS THE EXAMINATION.
(B) IN THE CASE OF A LICENSE THAT EXPIRED MORE THAN TWELVE 1,317
MONTHS PREVIOUSLY, THE APPLICANT SHALL SUBMIT AN APPLICATION AND 1,318
THE APPROPRIATE FEE AND SHALL TAKE AND PASS THE EXAMINATION. THE 1,320
APPLICANT MAY APPLY FOR AND RECEIVE LICENSES, BOTH TEMPORARY AND 1,321
PERMANENT, TO THE SAME EXTENT AS A NEW APPLICANT.
Sec. 917.10. (A) A PERSON WHO MANUFACTURES FROZEN 1,324
DESSERTS FOR SALE SHALL USE IN THE MANUFACTURING ONLY MIXTURES IN 1,325
WHICH THE DAIRY PRODUCTS, EGGS, AND ANY OTHER INGREDIENT 1,326
SPECIFIED BY THE DIRECTOR OF AGRICULTURE HAVE BEEN PASTEURIZED IN 1,327
ACCORDANCE WITH RULES GOVERNING PASTEURIZATION ADOPTED UNDER 1,328
SECTION 917.02 OF THE REVISED CODE. EXCEPT AS PROVIDED IN 1,330
DIVISION (B) OF THIS SECTION, PASTEURIZATION SHALL OCCUR AT THE 1,332
MILK PLANT WHERE RETAIL PACKAGING OCCURS. REPASTEURIZATION IS 1,333
NOT REQUIRED AT A RETAIL ESTABLISHMENT. 1,334
(B) THE DIRECTOR MAY ADOPT RULES AUTHORIZING 1,337
PASTEURIZATION AT A MILK PLANT OTHER THAN THE PLANT WHERE RETAIL 1,338
PACKAGING OCCURS IF THE DIRECTOR DETERMINES THAT THE FROZEN 1,339
DESSERT IS HANDLED, TRANSPORTED, AND STORED IN A MANNER THAT THE 1,340
DIRECTOR DETERMINES TO BE SAFE AND SUITABLE. 1,341
Sec. 917.11. ALL DAIRY PRODUCTS SHALL BE IDENTIFIED DURING 1,344
PROCESSING AND ALL PACKAGED PRODUCTS SHALL BE LABELED AND BRANDED 1,345
27
AS REQUIRED BY THIS CHAPTER AND CHAPTER 3715. OF THE REVISED CODE 1,348
AND RULES ADOPTED UNDER THOSE CHAPTERS, AND BY THE "NUTRITION 1,350
LABELING AND EDUCATION ACT OF 1990," 104 STAT. 2353, 21 U.S.C.A. 1,352
343, AS AMENDED AND REGULATIONS ADOPTED UNDER IT. 1,353
Sec. 917.16. (A) Sections 917.01 to 917.23, inclusive, of 1,363
the Revised Code THIS CHAPTER shall not restrain, limit, 1,365
prejudice, abrogate, or take from any co-operative association 1,366
the powers, privileges, and rights it has under sections 1729.01
to 1729.27, inclusive, of the Revised Code. 1,367
(B) Specifically, but without limiting division (A) of 1,369
this section, sections 917.01 to 917.23, inclusive, of the 1,371
Revised Code, THIS CHAPTER shall not derogate from or prejudice 1,373
any rights of any co-operative association, provided such THAT 1,374
THE association and its employees comply with the licensing 1,375
requirements.
Sec. 917.18. (A) AS USED IN THIS SECTION, "FAMILY MEMBER" 1,377
MEANS A SPOUSE; PERSON LIVING AS A SPOUSE; PARENT; CHILD; OTHER 1,378
PERSON RELATED TO A MILK PRODUCER OR RAW MILK RETAILER BY 1,379
CONSANGUINITY OR AFFINITY; OR PARENT, CHILD, OR OTHER PERSON 1,380
RELATED TO A SPOUSE OR A PERSON LIVING AS A SPOUSE BY
CONSANGUINITY OR AFFINITY, WHO IS RESIDING WITH A MILK PRODUCER 1,382
OR RAW MILK RETAILER.
(B) UPON BECOMING AWARE THAT A FAMILY MEMBER OR EMPLOYEE 1,384
WHO HANDLES OR IS LIKELY TO HANDLE GRADE A MILK, MANUFACTURE 1,385
MILK, RAW MILK FOR SALE TO THE ULTIMATE CONSUMER, OR EQUIPMENT 1,386
USED IN THE HANDLING OF ANY SUCH MILK, ON THE MILK PRODUCER'S OR 1,387
RAW MILK RETAILER'S PREMISES HAS CONTRACTED OR BEEN DIAGNOSED 1,388
WITH A DANGEROUS, CONTAGIOUS, OR INFECTIOUS DISEASE, THE MILK 1,389
PRODUCER OR RAW MILK RETAILER IMMEDIATELY SHALL NOTIFY THE 1,390
DIRECTOR OF AGRICULTURE AND THE HEALTH COMMISSIONER OF THE CITY 1,391
HEALTH DISTRICT OR GENERAL HEALTH DISTRICT IN WHICH ITS DAIRY 1,392
PRODUCTS ARE SOLD OR OFFERED FOR SALE, ADVISING BOTH OFFICIALS OF 1,393
THE FACTS OF THE CASE. THE DIRECTOR MAY ORDER THAT THE SALE OF 1,394
THE DAIRY PRODUCTS BE STOPPED PENDING AN INVESTIGATION AND FOR 1,395
28
ANY TIME THEREAFTER THAT THE DIRECTOR REQUIRES. IF THE DIRECTOR 1,396
DETERMINES THAT AN INVESTIGATION IS CALLED FOR, THE DIRECTOR OR 1,397
THE DIRECTOR'S AUTHORIZED REPRESENTATIVE SHALL INVESTIGATE 1,398
WITHOUT DELAY, AND THE DIRECTOR MAY PLACE AN EMBARGO OR MAKE AND 1,399
ENFORCE ORDERS, WITHOUT A HEARING, TO PREVENT THE SALE OF DAIRY 1,401
PRODUCTS THAT CONSTITUTE ADULTERATED FOOD AS DESCRIBED IN SECTION 1,402
3715.59 OF THE REVISED CODE. 1,404
Sec. 917.19. THE FOLLOWING ITEMS SHALL BE SUBJECT TO 1,406
INSPECTION BY A PERSON DESIGNATED BY THE DIRECTOR OF AGRICULTURE: 1,408
(A) MILK PLANT FACILITIES AND EQUIPMENT; 1,411
(B) VEHICLES AND CONTAINERS USED BY MILK HAULERS; 1,414
(C) DAIRY FARMS, INCLUDING DAIRY ANIMALS, STABLES, MILK 1,417
PARLORS, MILK HOUSES, AND MILK VESSELS OF MILK PRODUCERS. 1,418
THE INSPECTOR, WHILE IN THE NORMAL, LAWFUL, AND PEACEFUL 1,420
PURSUIT OF INSPECTION DUTIES, MAY ENTER UPON, CROSS OVER, AND 1,421
REMAIN UPON PRIVATELY OWNED LANDS FOR THOSE PURPOSES AND SHALL 1,422
NOT BE SUBJECT TO ARREST FOR TRESPASS. 1,423
Sec. 917.20. A TEST REPORT OR DOCUMENT PREPARED BY AN 1,425
ANALYST WHO IS EMPLOYED OR DESIGNATED BY THE DIRECTOR OF 1,426
AGRICULTURE AND WHO TESTED A SAMPLE SHALL BE ADMISSIBLE AS 1,427
EVIDENCE IN A PROSECUTION FOR A VIOLATION OF A STATUTE OR RULE, 1,428
PROVIDED THAT THE REPORT OR DOCUMENT CONTAINS A SWORN STATEMENT, 1,429
SIGNED BY THE ANALYST, THAT THE REPORT OR DOCUMENT ACCURATELY 1,431
CONTAINS OR REPRESENTS THE FINDINGS OR CONCLUSIONS OF THE 1,432
ANALYST.
Sec. 917.21. IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW 1,434
AND IRRESPECTIVE OF WHETHER AN ADEQUATE REMEDY AT LAW EXISTS, THE 1,435
DIRECTOR OF AGRICULTURE MAY APPLY TO THE COURT OF COMMON PLEAS OF 1,437
A COUNTY IN WHICH A VIOLATION OF THIS CHAPTER OR RULES ADOPTED 1,438
UNDER IT OCCURS FOR A TEMPORARY OR PERMANENT INJUNCTION OR OTHER 1,439
APPROPRIATE RELIEF CONCERNING THE VIOLATION. 1,440
Sec. 917.22. (A)(1) THE DIRECTOR OF AGRICULTURE MAY DENY, 1,443
SUSPEND, OR REVOKE A LICENSE ISSUED UNDER THIS CHAPTER FOR A 1,444
VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT. EXCEPT 1,445
29
AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION, THE DENIAL, 1,447
SUSPENSION, OR REVOCATION OF A LICENSE IS NOT EFFECTIVE UNTIL THE 1,448
LICENSEE IS GIVEN WRITTEN NOTICE OF THE VIOLATION, A REASONABLE 1,449
AMOUNT OF TIME TO CORRECT THE VIOLATION, AND AN OPPORTUNITY FOR A 1,450
HEARING.
(2) IF THE DIRECTOR DETERMINES THAT A DAIRY PRODUCT 1,452
CONSTITUTES ADULTERATED FOOD AS DESCRIBED IN SECTION 3715.59 OF 1,453
THE REVISED CODE OR EXCEEDS BACTERIAL OR CHEMICAL STANDARDS 1,456
ESTABLISHED BY RULES ADOPTED UNDER THIS CHAPTER, OR THAT AN 1,457
EMERGENCY EXISTS THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE 1,458
PUBLIC HEALTH, THE DIRECTOR MAY DENY, SUSPEND, OR REVOKE A 1,459
LICENSE, EFFECTIVE IMMEDIATELY WITHOUT A HEARING, PROVIDED THAT 1,460
AN OPPORTUNITY FOR A HEARING SHALL BE AFFORDED THEREAFTER WITHOUT 1,461
DELAY.
(B) ALL PROCEEDINGS UNDER THIS CHAPTER SHALL COMPLY WITH 1,465
CHAPTER 119. OF THE REVISED CODE, EXCEPT THAT: 1,467
(1) THE LOCATION OF ANY ADJUDICATORY HEARING THAT THE 1,469
LICENSEE REQUESTS SHALL BE THE COUNTY SEAT OF THE COUNTY IN WHICH 1,471
IS LOCATED THE LICENSEE'S FACILITY THAT IS INVOLVED IN THE
ALLEGED VIOLATION. 1,472
(2) THE DIRECTOR SHALL NOTIFY A LICENSEE BY CERTIFIED MAIL 1,475
OR PERSONAL DELIVERY THAT THE LICENSEE IS CONDITIONALLY ENTITLED 1,476
TO A HEARING. THE DIRECTOR SHALL SPECIFY IN THE NOTICE THAT, IN 1,477
ORDER TO OBTAIN A HEARING, THE LICENSEE MUST REQUEST THE HEARING 1,478
NOT LATER THAN TEN DAYS AFTER THE DATE OF RECEIPT OF THE NOTICE. 1,479
(3) IF THE LICENSEE REQUESTS A HEARING, THE DATE SET FOR 1,481
THE HEARING SHALL BE NO LATER THAN TEN DAYS AFTER THE DATE ON 1,482
WHICH THE DIRECTOR RECEIVES THE REQUEST, UNLESS THE DIRECTOR AND 1,483
THE LICENSEE AGREE OTHERWISE. 1,484
(4) THE DIRECTOR SHALL NOT POSTPONE OR CONTINUE AN 1,486
ADJUDICATION HEARING WITHOUT THE CONSENT OF THE LICENSEE. IF THE 1,488
LICENSEE REQUESTS A POSTPONEMENT OR CONTINUATION OF AN
ADJUDICATION HEARING, THE DIRECTOR SHALL NOT GRANT IT UNLESS THE 1,489
LICENSEE DEMONSTRATES THAT AN EXTREME HARDSHIP WILL BE INCURRED 1,490
30
IN HOLDING THE ADJUDICATION HEARING ON THAT HEARING DATE. IF THE 1,491
DIRECTOR GRANTS A POSTPONEMENT OR CONTINUATION ON THE GROUNDS OF 1,493
EXTREME HARDSHIP TO THE LICENSEE, THE RECORD SHALL DOCUMENT THE 1,494
NATURE AND CAUSE OF THE EXTREME HARDSHIP. 1,495
(5) IN LIEU OF HAVING A HEARING AND UPON THE LICENSEE'S 1,497
WRITTEN REQUEST TO THE DIRECTOR, THE LICENSEE MAY SUBMIT TO THE 1,498
DIRECTOR, NOT LATER THAN THE DATE OF THE HEARING SET PURSUANT TO 1,499
DIVISION (B)(3) OF THIS SECTION, DOCUMENTS, PAPERS, AND OTHER 1,501
WRITTEN EVIDENCE TO SUPPORT THE LICENSEE'S CLAIM. 1,502
(6) IF THE DIRECTOR APPOINTS A REFEREE OR EXAMINER TO 1,504
CONDUCT THE HEARING, THE FOLLOWING APPLY: 1,505
(a) A COPY OF THE WRITTEN ADJUDICATION REPORT AND 1,507
RECOMMENDATIONS OF THE REFEREE OR EXAMINER SHALL BE SERVED BY 1,508
CERTIFIED MAIL UPON THE DIRECTOR AND THE LICENSEE OR THE 1,509
LICENSEE'S ATTORNEY OR OTHER REPRESENTATIVE OF RECORD NOT LATER 1,510
THAN THREE BUSINESS DAYS FOLLOWING THE CONCLUSION OF THE HEARING. 1,512
(b) NOT LATER THAN THREE BUSINESS DAYS AFTER RECEIPT OF 1,515
THE REPORT AND RECOMMENDATIONS, THE LICENSEE MAY FILE WITH THE 1,516
DIRECTOR WRITTEN OBJECTIONS TO THE REPORT AND RECOMMENDATIONS. 1,517
(c) THE DIRECTOR SHALL CONSIDER THE OBJECTIONS SUBMITTED 1,520
BY THE LICENSEE BEFORE APPROVING, MODIFYING, OR DISAPPROVING THE 1,521
REPORT AND RECOMMENDATIONS. THE DIRECTOR SHALL SERVE THE 1,522
DIRECTOR'S ORDER UPON THE LICENSEE OR THE LICENSEE'S ATTORNEY OR 1,523
OTHER REPRESENTATIVE OF RECORD BY CERTIFIED MAIL NOT LATER THAN 1,524
SIX BUSINESS DAYS AFTER RECEIVING THE REPORT.
(7) IF THE DIRECTOR CONDUCTS THE HEARING, THE DIRECTOR 1,526
SHALL SERVE THE DIRECTOR'S DECISION BY CERTIFIED MAIL UPON THE 1,527
LICENSEE OR THE LICENSEE'S ATTORNEY OR OTHER REPRESENTATIVE OF 1,528
RECORD NOT LATER THAN THREE BUSINESS DAYS FOLLOWING THE CLOSE OF 1,529
THE HEARING. 1,530
(8) IF NO HEARING IS HELD, THE DIRECTOR SHALL ISSUE AN 1,532
ORDER BY CERTIFIED MAIL TO THE LICENSEE OR THE LICENSEE'S 1,533
ATTORNEY OR OTHER REPRESENTATIVE OF RECORD NOT LATER THAN THREE 1,534
BUSINESS DAYS FOLLOWING THE LAST DATE POSSIBLE FOR A HEARING, 1,535
31
BASED ON THE RECORD THAT IS AVAILABLE. 1,536
Sec. 917.23. (A) WITH RESPECT TO COOLING AND STORAGE OF 1,539
MANUFACTURE MILK, A MANUFACTURE MILK PRODUCER SHALL DO ONE OF THE 1,540
FOLLOWING:
(1) IN THE CASE OF MANUFACTURE MILK THAT IS STORED IN CANS 1,543
ON THE MANUFACTURE MILK PRODUCER'S FARM, COOL THE MILK TO AND 1,544
STORE IT AT A TEMPERATURE OF SIXTY DEGREES FAHRENHEIT, SIXTEEN 1,545
DEGREES CELSIUS, OR LOWER WITHIN TWO HOURS AFTER COMPLETION OF 1,547
THE MILKING;
(2) IN THE CASE OF ALL OTHER MANUFACTURE MILK THAT IS 1,549
STORED ON THE MANUFACTURE MILK PRODUCER'S FARM, COOL THE MILK AND 1,551
STORE IT IN ACCORDANCE WITH RULES ADOPTED BY THE DIRECTOR OF
AGRICULTURE PURSUANT TO SECTION 917.02 OF THE REVISED CODE. 1,554
(B) MANUFACTURE MILK STORED IN ACCORDANCE WITH DIVISION 1,558
(A)(1) OF THIS SECTION SHALL BE USED EXCLUSIVELY IN THE 1,559
MANUFACTURE OF CHEESE. THE BY-PRODUCTS CREATED FROM THE 1,560
MANUFACTURE OF CHEESE MAY BE USED TO MANUFACTURE BUTTER AND DRIED 1,561
WHEY PRODUCTS.
(C) THIS SECTION DOES NOT APPLY TO RAW MILK THAT IS 1,564
DELIVERED TO A MANUFACTURE MILK PLANT NOT LATER THAN TWO HOURS 1,565
AFTER COMPLETION OF MILKING. 1,566
Sec. 917.99. (A) Whoever violates DIVISION (C) OF section 1,575
917.17 917.09 of the Revised Code shall be fined not less than 1,577
one hundred nor more than one thousand dollars IS GUILTY OF A 1,578
MISDEMEANOR OF THE SECOND DEGREE ON A FIRST OFFENSE AND A
MISDEMEANOR OF THE FIRST DEGREE ON EACH SUBSEQUENT OFFENSE. 1,579
(B) Whoever violates section 917.18 or 917.20 917.13 OR 1,582
917.14 of the Revised Code is guilty of a misdemeanor of the 1,584
fourth FIRST degree ON A FIRST OFFENSE, A FELONY OF THE FIFTH 1,585
DEGREE ON A SECOND OFFENSE, AND A FELONY OF THE FOURTH DEGREE ON 1,586
EACH SUBSEQUENT OFFENSE. 1,587
(C) Whoever violates DIVISION (A), (B), (C), (D), OR (G) 1,590
OF section 917.19 917.05 of the Revised Code is guilty of a minor 1,592
misdemeanor OF THE FOURTH DEGREE. 1,593
32
(D) WHOEVER VIOLATES DIVISION (E) OR (F) OF SECTION 917.05 1,597
OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE SECOND 1,600
DEGREE ON A FIRST OFFENSE AND A MISDEMEANOR OF THE FIRST DEGREE 1,601
ON EACH SUBSEQUENT OFFENSE.
(E) EACH DAY OF VIOLATION OF A PROVISION DESCRIBED IN 1,604
DIVISIONS (A) TO (D) OF THIS SECTION CONSTITUTES A SEPARATE 1,607
OFFENSE.
(F) THE COURT IMPOSING A FINE UNDER DIVISIONS (A) TO (D) 1,610
OF THIS SECTION SHALL ORDER THAT NOT LESS THAN FIFTY PER CENT OF
THE FINE BE DISBURSED TO THE TREASURER OF STATE FOR DEPOSIT INTO 1,613
THE DAIRY FUND CREATED IN SECTION 917.07 OF THE REVISED CODE. 1,615
SUBJECT TO THAT MINIMUM PERCENTAGE, THE COURT'S ORDER SHALL
SPECIFY THE PERCENTAGE OF THE FINE THAT THE CLERK OF THE COURT 1,616
SHALL DISBURSE TO THE TREASURER OF STATE. THE CLERK OF THE COURT 1,617
SHALL DISBURSE THE REMAINDER OF THE FINE TO THE COUNTY TREASURER. 1,618
Sec. 3707.33. The board of health of a city or general 1,628
health district may appoint, define the duties of, and fix the 1,629
compensation of the number of inspectors of shops, wagons, 1,630
appliances, and meat, and the number of other persons necessary 1,631
to carry out Chapter 3707. of the Revised Code THIS CHAPTER and, 1,632
IF APPLICABLE, to carry out any duties assumed by the board under 1,634
an agreement entered into under DIVISION (B) OF section 3717.63 1,635
917.02 of the Revised Code. Inspectors for those purposes may 1,636
enter any house, vehicle, or yard. The board may authorize the 1,637
health commissioner to perform the duties of the inspectors. 1,638
Sec. 3707.34. The board of health of a city or general 1,648
health district may keep for public inspection a record of the 1,649
names, residences, and places of business of all persons engaged 1,650
in the sale of milk or meat and may require permits, after 1,651
inspection, other than an inspection conducted BY THE BOARD under 1,652
AN AGREEMENT ENTERED INTO UNDER DIVISION (B) OF section 3717.63 1,653
917.02 of the Revised Code, to vend either milk or meat to be 1,654
renewed seminannually SEMIANNUALLY, for which a charge of not 1,655
more than fifty cents may be made. The board may require a 1,657
33
certificate from a licensed veterinarian that the cows furnishing 1,658
milk brought for sale within its jurisdiction are free from
tuberculosis or other dangerous disease. 1,659
Not later than the first day of September each year, the 1,661
boards of health shall forward to the director of agriculture an 1,662
updated copy of all records kept as required by this division. 1,663
Sec. 3715.21. (A)(1) EXCEPT AS PROVIDED IN DIVISION (B) 1,666
OF SECTION 3732.07 OF THE REVISED CODE, NO PERSON REGULARLY SHALL 1,668
ENGAGE IN THE BUSINESS OF OPERATING ONE OR MORE ICE CREAM 1,669
FREEZERS FOR THE PURPOSE OF FREEZING, REFREEZING, OR HOLDING 1,670
FROZEN ANY FROZEN DESSERT TO BE SOLD AT RETAIL WITHOUT FIRST 1,671
OBTAINING A LICENSE FOR THE OPERATION OF ALL FREEZERS FROM THE 1,672
DIRECTOR OF AGRICULTURE. APPLICATION FOR THE LICENSE SHALL BE 1,673
MADE TO THE DIRECTOR IN THE MANNER THAT THE DIRECTOR PRESCRIBES. 1,675
(2) AN APPLICATION FOR THE UPCOMING LICENSE YEAR FILED 1,677
WITH THE DIRECTOR ON OR BEFORE THE THIRTY-FIRST DAY OF MAY SHALL 1,679
BE ACCOMPANIED BY A FEE OF TWENTY-FIVE DOLLARS FOR EACH FREEZER. 1,680
A LATE APPLICATION FILED WITH THE DIRECTOR AFTER THE THIRTY-FIRST 1,681
DAY OF MAY, BUT ON OR BEFORE THE THIRTIETH DAY OF JUNE, SHALL BE 1,683
ACCOMPANIED BY A FEE OF FIFTY DOLLARS FOR EACH FREEZER. A LATE 1,684
APPLICATION FILED WITH THE DIRECTOR AFTER THE THIRTIETH DAY OF 1,686
JUNE, BUT ON OR BEFORE THE THIRTY-FIRST DAY OF AUGUST, SHALL BE 1,687
ACCOMPANIED BY A FEE OF SEVENTY-FIVE DOLLARS FOR EACH FREEZER. A 1,688
LATE APPLICATION FILED WITH THE DIRECTOR AFTER THE THIRTY-FIRST 1,689
DAY OF AUGUST SHALL BE ACCOMPANIED BY A FEE OF ONE HUNDRED 1,691
DOLLARS FOR EACH FREEZER.
(B) FOLLOWING RECEIPT OF THE APPLICATION AND THE 1,694
APPLICABLE FEE, BUT PRIOR TO ISSUING THE INITIAL LICENSE, THE 1,695
DIRECTOR SHALL INSPECT THE APPLICANT'S EQUIPMENT AND FACILITIES 1,696
TO DETERMINE THEIR SANITARY CONDITION. IF THE DIRECTOR FINDS 1,697
THAT THE SANITARY CONDITION OF THE EQUIPMENT AND FACILITIES IS 1,698
SATISFACTORY FOR OPERATION OF A RETAIL FROZEN DESSERT FREEZER, 1,699
THE DIRECTOR SHALL ISSUE A LICENSE. 1,700
(C) THE LICENSE SHALL EXPIRE ON THE THIRTY-FIRST DAY OF 1,703
34
MAY OF EACH YEAR, UNLESS RENEWED IN ACCORDANCE WITH THE STANDARD 1,704
RENEWAL PROCEDURES SET FORTH IN CHAPTER 4745. OF THE REVISED 1,707
CODE. THE DIRECTOR SHALL NOT RENEW A LICENSE UNLESS THE 1,708
APPLICANT FOR THE RENEWAL HAS SUBMITTED A PROPERLY COMPLETED 1,709
APPLICATION AND HAS PAID THE REQUIRED RENEWAL FEE. 1,710
(D) ALL FEES COLLECTED UNDER THIS DIVISION SHALL BE 1,713
DEPOSITED TO THE CREDIT OF THE FOOD SAFETY FUND CREATED IN 1,714
SECTION 915.24 OF THE REVISED CODE. 1,716
(E) THIS SECTION DOES NOT APPLY TO A PERSON WHO SELLS 1,719
FROZEN DESSERTS AT RETAIL IN A PACKAGE LABELED FOR SALE TO THE 1,720
CONSUMER, PROVIDED THAT THE FROZEN DESSERT WAS PACKAGED BY A 1,721
PERSON HOLDING A VALID PROCESSOR LICENSE OR REGISTRATION ISSUED 1,722
UNDER SECTION 917.09 OF THE REVISED CODE. 1,724
Sec. 3715.99. (A) Whoever violates sections 3715.13 to 1,733
3715.19, or 3715.38 of the Revised Code is guilty of a minor 1,735
misdemeanor.
(B) WHOEVER VIOLATES SECTION 3715.21 OF THE REVISED CODE 1,737
IS GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE ON A FIRST 1,738
OFFENSE AND A MISDEMEANOR OF THE FIRST DEGREE ON EACH SUBSEQUENT 1,739
OFFENSE.
(C) Whoever violates section 3715.22, 3715.25, 3715.26, 1,741
3715.27, or 3715.34 of the Revised Code is guilty of a 1,742
misdemeanor of the fourth degree. 1,743
(C)(D) Whoever violates section 3715.23 or 3715.36 of the 1,745
Revised Code is guilty of a misdemeanor of the second degree. 1,746
(D)(E) Whoever violates section 3715.52 or 3715.65 of the 1,748
Revised Code is guilty of a misdemeanor of the fourth degree on a 1,749
first offense; on each subsequent offense, the person is guilty 1,750
of a misdemeanor of the second degree. 1,751
(E)(F) Whoever violates section 3715.521 of the Revised 1,753
Code is guilty of a minor misdemeanor. A violation of that 1,755
section occurs on a daily basis, not according to the number of 1,756
times per day that an expired drug, baby food, or infant formula 1,757
is sold, offered for sale, or delivered at retail or to the 1,758
35
consumer. Each day of violation is a separate offense. 1,759
Sec. 3732.01. As used in this chapter: 1,768
(A) "Food service operation" means a place, location, 1,770
site, or separate area where food intended to be served in 1,771
individual portions is prepared or served for a charge or 1,772
required donation, including mobile food service operations, 1,773
catering food service operations, temporary food service 1,774
operations, seasonal food service operations, vending machine 1,775
locations, and food delivery sales operations. As used in this 1,777
division, "served" means a response made to an order for one or 1,778
more individual portions of food in a form that is edible without 1,779
washing, cooking, or additional preparation and "prepared" means 1,780
any action that affects a food other than receiving or 1,781
maintaining it at the temperature at which it was received.
"Food service operation" does not include any of the 1,783
following:
(1) A private home in which individuals related by blood, 1,785
marriage, or law reside and in which the food that is prepared or 1,786
served is intended only for those individuals and their nonpaying 1,787
guests; 1,788
(2) A residential facility that accommodates not more than 1,790
sixteen residents; is licensed, certified, registered, or 1,791
otherwise regulated by the federal government or by the state or 1,792
a political subdivision of the state; and prepares food for or 1,793
serves food to only the residents of the facility, the staff of 1,794
the facility, and any nonpaying guests of residents or staff; 1,795
(3) Churches, schools, fraternal or veterans' 1,797
organizations, volunteer fire organizations, or volunteer 1,798
emergency medical service organizations preparing or serving food 1,799
intended for individual portion service on their premises for not 1,800
more than seven consecutive days or not more than fifty-two 1,802
separate days during a licensing period; 1,803
(4) Common carriers regulated by the federal government; 1,805
(5) Food manufacturing or food processing operations 1,807
36
regulated by the federal government or a state agency, as defined 1,808
in section 1.60 of the Revised Code, other than the department of 1,809
health; 1,810
(6) Operations other than mobile food service operations 1,812
serving only frozen desserts; beverages, nuts, popcorn, candy, or 1,813
similar confections; bakery products identified in section 911.01 1,814
of the Revised Code; or any combination of these items; 1,815
(7) Operations serving five or fewer individuals daily; 1,817
(8) Type A and type B family day-care homes, as defined in 1,819
section 5104.01 of the Revised Code; 1,820
(9) Vending machine locations where the only vending 1,822
machines are machines that dispense foods exclusively from one or 1,823
both of the following categories: 1,824
(a) Prepackaged foods that are not potentially hazardous 1,826
as defined in rules adopted by the public health council under 1,827
section 3732.02 of the Revised Code; 1,828
(b) Nuts, panned or wrapped bulk chewing gum, or panned or 1,830
wrapped bulk candies. 1,831
(10) Places servicing vending machines at vending machine 1,833
locations described in division (A)(9) of this section; 1,834
(11) Commissaries servicing vending machines dispensing 1,836
only milk, milk products, or frozen desserts that are under a 1,837
state or federal inspection and analysis program; 1,838
(12) Controlled location vending machine locations. As 1,840
used in this division, "controlled location vending machine 1,841
location" means a vending machine location at which all of the 1,842
following apply: 1,843
(a) The vending machines dispense only foods that are not 1,845
potentially hazardous as defined in rules adopted by the public 1,846
health council under section 3732.02 of the Revised Code; 1,847
(b) The machines are designed to be filled and maintained 1,849
in a sanitary manner by untrained persons; 1,850
(c) Minimal protection is necessary to ensure against 1,852
contamination of food and equipment. 1,853
37
(B) "Catering food service operation" means a food service 1,855
operation where food is prepared for serving at a function or 1,856
event held at an off-premises site, for a charge determined on a 1,857
per-function or per-event basis. 1,858
(C) "Food" means any raw, cooked, or processed edible 1,860
substance, ice, water, beverage, or ingredient used or intended 1,861
for use in whole or in part for human consumption. 1,862
(D) "Food delivery sales operation" means a food service 1,864
operation from which individual portions of food are ordered by a 1,865
customer, prepared at another food service operation, and 1,866
delivered to the customer by a person other than an employee of 1,867
the food service operation that prepared the food. 1,868
(E) "Frozen desserts" has the same meaning as in section 1,870
3717.51 917.01 of the Revised Code. 1,871
(F) "Government entity" means the state, a political 1,873
subdivision of the state, another state, or a political 1,874
subdivision or other local body of another state. 1,875
(G) "Licensee" means the person or government entity 1,877
holding a license to operate a food service operation. 1,878
(H) "Licensing period" means the period beginning the 1,880
first day of March and ending the last day of February of the 1,881
next succeeding year. 1,882
(I) "Licensor" means either of the following: 1,884
(1) The board of health of a city or general health 1,886
district, or the authority having the duties of a board of health 1,887
under section 3709.05 of the Revised Code, approved by the 1,888
director of health under section 3732.09 of the Revised Code; 1,889
(2) The director of health acting pursuant to section 1,891
3732.09 of the Revised Code. 1,892
(J) "Mobile food service operation" means a food service 1,894
operation that is operated from a movable vehicle, portable 1,895
structure, or watercraft; routinely changes location; and does 1,896
not remain at any one location for more than forty consecutive 1,897
days. 1,898
38
(K) "Seasonal food service operation" means a food service 1,900
operation, other than a mobile food service operation, that is 1,901
operated for not more than eight months in each licensing period. 1,902
(L) "Temporary food service operation" means a food 1,904
service operation that is operated at a single event for not more 1,905
than five consecutive days, except when operated for more than 1,906
five days pursuant to division (E)(2) of section 3732.03 of the 1,907
Revised Code. 1,908
(M) "Vending machine" means a self-service device that, 1,910
upon insertion of currency, tokens, or similar means, 1,911
automatically dispenses a predetermined unit serving of food 1,912
either in bulk or in package and does not require replenishing 1,913
after each use. 1,914
(N) "Vending machine location" means an area or room where 1,916
one or more vending machines are installed and operated, except 1,917
that if the machines within an area are separated by more than 1,918
one hundred fifty feet, each area separated by that distance 1,919
constitutes a separate vending machine location. 1,920
Sec. 3732.07. (A) A licensee whose principal business is 1,930
a food service operation that includes the preparation and 1,931
complete baking of pizza is not required to register the 1,932
operation as a bakery under section 911.02 of the Revised Code. 1,933
(B) A licensee whose principal business is a food service 1,935
operation that includes the sale of frozen desserts is not 1,936
required to obtain a license under section 3717.52 3715.21 of the 1,938
Revised Code for the sale and manufacture OPERATION of ICE CREAM 1,939
FREEZERS FOR THE PURPOSE OF FREEZING, REFREEZING, OR HOLDING
FROZEN ANY frozen desserts TO BE SOLD AT RETAIL. 1,940
Sec. 4736.01. As used in sections 4736.01 to 4736.16 of 1,950
the Revised Code: 1,951
(A) "Environmental health science" means the aspect of 1,953
public health science that includes, but is not limited to, the 1,954
following bodies of knowledge: air quality, food quality and 1,955
protection, hazardous and toxic substances, consumer product 1,956
39
safety, housing, institutional health and safety, community noise 1,957
control, radiation protection, recreational facilities, solid and 1,958
liquid waste management, vector control, drinking water quality, 1,959
milk sanitation, and rabies control. 1,960
(B) "Sanitarian" means a person who performs for 1,962
compensation educational, investigational, technical, or 1,963
administrative duties requiring specialized knowledge and skills 1,964
in the field of environmental health science. 1,965
(C) "Registered sanitarian" means a person who is 1,967
registered as a sanitarian in accordance with Chapter 4736. of 1,968
the Revised Code. 1,969
(D) "Sanitarian-in-training" means a person who is 1,971
registered as a sanitarian-in-training in accordance with Chapter 1,972
4736. of the Revised Code. 1,973
(E) "Practice of environmental health" means consultation, 1,975
instruction, investigation, inspection, or evaluation by an 1,976
employee of a city health district, a general health district, 1,977
the Ohio environmental protection agency, the department of 1,978
health, or the department of agriculture requiring specialized 1,979
knowledge, training, and experience in the field of environmental 1,980
health science, with the primary purpose of improving or 1,981
conducting administration or enforcement under any of the 1,982
following: 1,983
(1) Chapter 911., 913., 917., 3717., 3721., 3732., or 1,985
3733. of the Revised Code; 1,986
(2) Chapter 3734. of the Revised Code as it pertains to 1,988
solid waste; 1,989
(3) Section 955.26, 3701.344, 3707.01, OR 3707.03, or 1,991
SECTIONS 3707.33 to 3707.99, OR SECTION 3715.21 of the Revised 1,993
Code;
(4) Rules adopted under section 3701.34 of the Revised 1,995
Code pertaining to home sewage, rabies control, or swimming 1,996
pools. 1,997
"Practice of environmental health" does not include 1,999
40
sampling, testing, controlling of vectors, reporting of 2,000
observations, or other duties that do not require application of 2,001
specialized knowledge and skills in environmental health science 2,002
performed under the supervision of a registered sanitarian. 2,003
The state board of sanitarian registration may further 2,005
define environmental health science in relation to specific 2,006
functions in the practice of environmental health through rules 2,007
adopted by the board under Chapter 119. of the Revised Code. 2,008
Sec. 4745.01. (A) "Standard renewal procedure," as used 2,018
in Chapters 905., 907., 909., 911., 913., 915., 917., 918., 921., 2,019
923., 927., 942., 943., 953., 1321., 3710., 3713., 3717 3715., 2,020
3719., 3731., 3742., 3748., 3769., 3783., 3905., 3921., 3951., 2,022
4104., 4105., 4143., 4169., 4561., 4701., 4703., 4707., 4709., 2,023
4713., 4715., 4717., 4723., 4725., 4727., 4728., 4729., 4731., 2,024
4733., 4734., 4735., 4739., 4741., 4747., 4749., 4753., 4755., 2,025
4757., 4759., 4761., 4766., and 4773. of the Revised Code, means 2,026
the license renewal procedures specified in this chapter. 2,027
(B) "Licensing agency," as used in this chapter, means any 2,029
department, division, board, section of a board, or other state 2,030
governmental unit subject to the standard renewal procedure, as 2,031
defined in this section, and authorized by the Revised Code to 2,032
issue a license to engage in a specific profession, occupation, 2,033
or occupational activity, or to have charge of and operate 2,034
certain specified equipment, machinery, or premises. 2,035
(C) "License," as used in this chapter, means a license, 2,037
certificate, permit, card, or other authority issued or conferred 2,038
by a licensing agency by authority of which the licensee has or 2,039
claims the privilege to engage in the profession, occupation, or 2,040
occupational activity, or to have control of and operate certain 2,041
specific equipment, machinery, or premises, over which the 2,042
licensing agency has jurisdiction. 2,043
(D) "Licensee," as used in this chapter, means either the 2,045
person to whom the license is issued or renewed by a licensing 2,046
agency, or the person, partnership, or corporation at whose 2,047
41
request the license is issued or renewed. 2,048
(E) "Renewal" and "renewed," as used in this chapter and 2,050
in the chapters of the Revised Code specified in division (A) of 2,051
this section, includes the continuing licensing procedure 2,052
provided in Chapter 3748. of the Revised Code and rules adopted 2,054
under it and in sections 1321.05, 3905.01, 3905.02, 3905.07,
3905.18, and 3921.33 of the Revised Code, and as applied to those 2,055
continuing licenses any reference in this chapter to the date of 2,056
expiration of any license shall be construed to mean the due date 2,057
of the annual or other fee for the continuing license. 2,058
Section 2. That existing sections 121.04, 901.08, 901.43, 2,060
911.02, 913.02, 913.23, 915.14, 915.24, 917.01, 917.08, 917.16, 2,062
917.99, 3707.33, 3707.34, 3715.99, 3732.01, 3732.07, 4736.01, and
4745.01 and sections 917.02, 917.03, 917.04, 917.05, 917.06, 2,063
917.07, 917.09, 917.10, 917.11, 917.18, 917.19, 917.20, 917.21, 2,064
917.22, 917.23, 3717.01, 3717.02, 3717.021, 3717.03, 3717.06, 2,065
3717.07, 3717.08, 3717.09, 3717.10, 3717.11, 3717.12, 3717.13, 2,066
3717.16, 3717.17, 3717.18, 3717.20, 3717.21, 3717.24, 3717.25, 2,067
3717.26, 3717.27, 3717.28, 3717.29, 3717.30, 3717.31, 3717.32, 2,068
3717.33, 3717.34, 3717.35, 3717.37, 3717.40, 3717.41, 3717.42, 2,069
3717.43, 3717.45, 3717.47, 3717.48, 3717.49, 3717.50, 3717.51, 2,070
3717.52, 3717.53, 3717.54, 3717.55, 3717.61, 3717.611, 3717.62, 2,071
3717.63, 3717.64, 3717.65, 3717.66, 3717.67, 3717.68, 3717.69, 2,072
and 3717.99 of the Revised Code are hereby repealed. 2,073
Section 3. On the effective date of this act, all terms of 2,075
office of members of the Milk Sanitation Board created under 2,076
former section 3717.69 of the Revised Code shall expire. Not 2,077
later than thirty days after the effective date of this act, the 2,078
Director of Agriculture shall appoint new members to the Milk 2,079
Sanitation Board created under section 917.03 of the Revised Code
as provided by that section. 2,080
The Milk Sanitation Board created under section 917.03 of 2,082
the Revised Code is essentially a continuation of the Milk 2,083
Sanitation Board created under former section 3717.69 of the 2,084
42
Revised Code. If a person who is a member of the Milk Sanitation 2,085
Board created under former section 3717.69 of the Revised Code 2,086
meets the qualifications for membership on the Milk Sanitation 2,087
Board created under section 917.03 of the Revised Code, the 2,088
Director may reappoint the person as a member of the Milk 2,089
Sanitation Board created under section 917.03 of the Revised 2,090
Code.