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           

                                                          3      

                                                                 
         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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
      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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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.