As Reported by the Senate Energy, Natural Resources 1
and Environment Committee 2
122nd General Assembly 5
Regular Session Sub. S. B. No. 87 6
1997-1998 7
SENATORS WHITE-SCHAFRATH-DiDONATO-LATTA-McLIN 9
11
A B I L L
To amend sections 121.04, 901.08, 901.43, 911.02, 13
913.02, 913.23, 915.14, 915.24, 917.01, 917.08, 14
917.16, 917.99, 3707.33, 3707.34, 3715.02, 15
3715.25, 3715.59, 3715.60, 3715.69, 3715.99, 16
3732.01, 3732.07, 4736.01, and 4745.01, to enact 17
new sections 917.02, 917.03, 917.04, 917.05,
917.06, 917.07, 917.09, 917.10, 917.11, 917.18, 18
917.19, 917.20, 917.21, 917.22, 917.23, 3715.24, 19
and 3715.27 and sections 917.031, 917.032,
917.091, 3715.21, and 3715.211 and to repeal 21
sections 917.02, 917.03, 917.04, 917.05, 917.06,
917.07, 917.09, 917.10, 917.11, 917.18, 917.19, 22
917.20, 917.21, 917.22, 917.23, 3715.24, 3715.26, 23
3715.27, 3715.58, 3717.01, 3717.02, 3717.021, 24
3717.03, 3717.06, 3717.07, 3717.08, 3717.09, 25
3717.10, 3717.11, 3717.12, 3717.13, 3717.16, 26
3717.17, 3717.18, 3717.20, 3717.21, 3717.24,
3717.25, 3717.26, 3717.27, 3717.28, 3717.29, 27
3717.30, 3717.31, 3717.32, 3717.33, 3717.34, 28
3717.35, 3717.37, 3717.40, 3717.41, 3717.42,
3717.43, 3717.45, 3717.47, 3717.48, 3717.49, 29
3717.50, 3717.51, 3717.52, 3717.53, 3717.54, 30
3717.55, 3717.61, 3717.611, 3717.62, 3717.63, 31
3717.64, 3717.65, 3717.66, 3717.67, 3717.68,
3717.69, and 3717.99 of the Revised Code to 32
revise the law governing dairies, dairy products, 33
maple syrup, and cider.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
Section 1. That sections 121.04, 901.08, 901.43, 911.02, 37
913.02, 913.23, 915.14, 915.24, 917.01, 917.08, 917.16, 917.99, 39
3707.33, 3707.34, 3715.02, 3715.25, 3715.59, 3715.60, 3715.69,
3715.99, 3732.01, 3732.07, 4736.01, and 4745.01 be amended and 42
new sections 917.02, 917.03, 917.04, 917.05, 917.06, 917.07, 43
917.09, 917.10, 917.11, 917.18, 917.19, 917.20, 917.21, 917.22, 44
917.23, 3715.24, and 3715.27 and sections 917.031, 917.032,
917.091, 3715.21, and 3715.211 of the Revised Code be enacted to 45
read as follows: 46
Sec. 121.04. Offices are created within the several 55
departments as follows: 56
In the department of commerce: 58
Commissioner of securities; 60
Superintendent of real estate; 61
Superintendent of financial institutions; 62
Fire marshal; 63
Beginning on July 1, 1997, 64
Superintendent of liquor control; 65
Superintendent of industrial compliance. 66
In the department of administrative services: 68
State architect and engineer; 70
Equal employment opportunity coordinator. 71
In the department of agriculture: 73
Chiefs of divisions as follows: 75
Administration; 77
Animal industry; 78
Dairy marketing; 79
Food, dairies, and drugs SAFETY; 80
Plant industry; 81
Markets; 82
Meat inspections INSPECTION; 83
Consumer analytical laboratories LABORATORY; 84
Amusement ride safety; 85
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Enforcement; 86
Weights and measures. 87
In the department of natural resources: 89
Chiefs of divisions as follows: 91
Water; 93
Mines and Reclamation; 94
Forestry; 95
Natural areas and preserves; 96
Wildlife; 97
Geological survey; 98
Parks and recreation; 99
Watercraft; 100
Oil and gas; 101
Recycling and litter prevention; 102
Civilian conservation; 103
Soil and water conservation; 104
Real estate and land management; 105
Engineering. 106
Until July 1, 1997, in the department of liquor control: 108
Chiefs of divisions as follows: 110
Accounting and finance; 112
Store management; 113
Personnel; 114
Beer. 115
In the department of insurance: 117
Deputy superintendent of insurance; 119
Assistant superintendent of insurance, technical; 120
Assistant superintendent of insurance, 121
administrative; 122
Assistant superintendent of insurance, research. 123
Sec. 901.08. The director of agriculture shall appoint a 133
chief of the division of administration, a chief of the division 134
of animal industry, a chief of the division of dairy marketing, a 135
chief of the division of food, dairies, and drugs SAFETY, a chief 137
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of the division of markets, a chief of the division of plant 139
industry, a chief of the division of weights and measures, a
chief of the division of meat inspections INSPECTION, a chief of 140
the division of consumer analytical laboratories LABORATORY, a 142
chief of the division of enforcement, and a chief of the division 144
of amusement ride safety.
Sec. 901.43. (A) The director of agriculture may 153
authorize any department of agriculture laboratory to perform a 155
laboratory service for any person, organization, political 157
subdivision, STATE AGENCY, FEDERAL AGENCY, or other entity, 159
whether public or private, AND MAY CHARGE A REASONABLE FEE FOR 161
PERFORMANCE OF THE LABORATORY SERVICE. 162
(B) The director shall adopt and enforce rules to provide 165
for the rendering of a laboratory service and MAY PUBLISH A LIST 166
OF LABORATORY SERVICES OFFERED, TOGETHER WITH the fee for such 167
EACH service, and to determine whether a fee is generated by a 170
laboratory service related to the diseases of animals.
(C) The director may enter into a contract with any 172
person, organization, political subdivision, STATE AGENCY, 174
FEDERAL AGENCY, or other entity for the provision of a laboratory 176
service.
(D) No (1) THE DIRECTOR MAY ADOPT RULES SPECIFYING WHAT 178
CONSTITUTES AN OFFICIAL SAMPLE. 179
(2) THE DIRECTOR SHALL NOT CHARGE A fee shall be charged 181
for a laboratory service performed on an official sample 184
acquired, BUT MAY CHARGE A FEE FOR ANY OTHER SAMPLE TAKEN OR 185
LABORATORY SERVICE PERFORMED by the department to determine
compliance with a state law or a rule adopted by the director. 188
(E)(1) THE DIRECTOR MAY ADOPT RULES ESTABLISHING STANDARDS 191
FOR ACCREDITATION OF LABORATORIES AND LABORATORY SERVICES AND IN 192
DOING SO MAY ADOPT BY REFERENCE EXISTING OR RECOGNIZED STANDARDS 193
OR PRACTICES.
(2) THE DIRECTOR MAY INSPECT AND ACCREDIT LABORATORIES AND 196
LABORATORY SERVICES, AND MAY CHARGE A REASONABLE FEE FOR THE 197
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INSPECTIONS AND ACCREDITATION.
(F)(1) All moneys collected by the director under this 200
section that are from fees generated by a laboratory service 201
PERFORMED BY THE DEPARTMENT AND related to the diseases of
animals, AND ALL MONEYS SO COLLECTED THAT ARE FROM FEES GENERATED 202
FOR THE INSPECTION AND ACCREDITATION OF LABORATORIES AND 203
LABORATORY SERVICES RELATED TO THE DISEASES OF ANIMALS, shall be 204
deposited in the animal industry laboratory fund, which is hereby 205
created in the state treasury. The director shall use the moneys 206
in the animal industry laboratory fund to purchase supplies and 207
equipment for the laboratory that provides laboratory services 208
related to the diseases of animals. All other 209
(2) ALL moneys collected BY THE DIRECTOR under this 212
section THAT ARE FROM FEES GENERATED BY A LABORATORY SERVICE 213
PERFORMED BY THE CONSUMER ANALYTICAL LABORATORY, AND ALL MONEYS 214
SO COLLECTED THAT ARE FROM FEES GENERATED FOR THE INSPECTION AND
ACCREDITATION OF LABORATORIES AND LABORATORY SERVICES NOT RELATED 215
TO WEIGHTS AND MEASURES OR THE DISEASES OF ANIMALS, shall be 217
remitted to the treasurer of state for deposit DEPOSITED in the 218
general revenue LABORATORY SERVICES fund, WHICH IS HEREBY CREATED 220
IN THE STATE TREASURY. THE MONEYS HELD IN THE FUND MAY BE USED 221
TO PAY THE EXPENSES NECESSARY TO OPERATE THE CONSUMER ANALYTICAL 222
LABORATORY, INCLUDING THE PURCHASE OF SUPPLIES AND EQUIPMENT. 223
(3) ALL MONEYS COLLECTED BY THE DIRECTOR UNDER THIS 225
SECTION THAT ARE FROM FEES GENERATED BY A LABORATORY SERVICE 226
PERFORMED BY THE WEIGHTS AND MEASURES LABORATORY, AND ALL MONEYS 227
SO COLLECTED THAT ARE FROM FEES GENERATED FOR THE INSPECTION AND 228
ACCREDITATION OF LABORATORIES AND LABORATORY SERVICES RELATED TO 229
WEIGHTS AND MEASURES, SHALL BE DEPOSITED IN THE WEIGHTS AND 230
MEASURES LABORATORY FUND, WHICH IS HEREBY CREATED IN THE STATE 231
TREASURY. THE MONEYS HELD IN THE FUND MAY BE USED TO PAY THE 232
EXPENSES NECESSARY TO OPERATE THE DIVISION OF WEIGHTS AND 233
MEASURES, INCLUDING THE PURCHASE OF SUPPLIES AND EQUIPMENT. 234
Sec. 911.02. Except as provided in division (A) of section 243
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3732.07 of the Revised Code, each person, firm, partnership, or 244
corporation which THAT owns or operates a bakery shall register 245
each bakery which THAT it owns or operates with the director of 247
agriculture. For such THE registration, the owner or operator of 249
each bakery shall pay an annual fee of thirty dollars for a 250
production capacity of one thousand pounds of bakery product per 251
hour or less and an annual fee of thirty dollars for each one 252
thousand pounds of bakery product per hour capacity, or part 253
thereof, in excess of one thousand pounds of bakery product per 254
hour. 255
Any person who owns or operates a home bakery with only one 257
oven, in a stove of ordinary home kitchen design and located in a 258
home, used for the baking of baked goods to be sold, shall pay a 259
sum of ten dollars annually for registration regardless of the 260
capacity of such THE home bakery oven. Each such THE 262
registration shall be renewed annually by the thirtieth day of 263
September and shall be renewed according to the standard renewal 264
procedure of Chapter 4745. of the Revised Code. The registration 266
of the bakery shall show the location, including municipal 267
corporation, street, and number, the name of the owner, and the 268
name of the operator. The application for registration shall be 269
made on a form prescribed and provided by the director. All 270
moneys received from registration fees and fines collected under 271
sections 911.01 to 911.20 of the Revised Code shall be deposited 272
with the treasurer of state to the credit of the food, dairies, 273
and drugs SAFETY fund created in section 915.24 of the Revised 274
Code. All annual renewal registration fees required by this 275
section shall be paid by the applicant for such THE renewal to 276
the treasurer of state for deposit into the food, dairies, and 278
drug SAFETY fund. 279
No bakery product that is manufactured in an out-of-state 281
bakery shall be sold or offered for sale within this state unless 282
such THE bakery is in compliance with sections 911.01 to 911.20 283
of the Revised Code, and is registered, having paid the annual 285
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registration fee. 286
Registration of out-of-state bakeries is not required if a 288
reciprocal agreement is in effect whereby a bakery located in 289
this state is not subject to a license or registration fee by the 290
receiving state or a political subdivision thereof. 291
Sec. 913.02. No person, firm, or corporation shall engage 300
in the business of operating a cannery without obtaining a 301
license for the operation of each cannery from the director of 302
agriculture. 303
In order to obtain a license, an application shall be made 305
on a form prescribed by the director and shall be accompanied by 306
a fee of one hundred dollars. The director shall thereupon cause 307
an investigation to be made. If the applicant is supplied with 308
the facilities necessary for complying with sections 913.01 to 309
913.05 of the Revised Code and rules adopted under them, a 310
license shall be issued and shall be effective until the 311
thirtieth day of June, and shall become invalid on that date 312
unless renewed. The fee for each renewal is one hundred dollars. 313
License fees and renewal fees shall be deposited to the credit of 314
the food, dairies, and drugs SAFETY fund created in section 315
915.24 of the Revised Code. 317
The director may suspend or revoke any license for failure 319
to comply with sections 913.01 to 913.05 of the Revised Code, or 320
any rule or order adopted under those sections. In such event, 321
the cannery immediately shall cease operation. 322
Sec. 913.23. (A) The director of agriculture may issue 331
licenses as required by sections 913.22 to 913.28 of the Revised 332
Code, may make the inspections and registrations required by such 333
THOSE sections, and may prescribe the form of application to be 335
filed under this section. 336
(B) No person shall manufacture or bottle for sale within 338
this state any soft drink in closed containers unless he THE 339
PERSON has a license issued by the director. Upon receipt of an 341
application for such a license, the director shall examine the 342
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products and the place of manufacture where the business is to be 343
conducted, to determine whether the products and place comply 344
with sections 913.22 to 913.28 of the Revised Code. Upon finding 345
there is compliance, and upon payment of a license fee of one 346
hundred dollars, the director shall issue a license authorizing 347
the applicant to manufacture or bottle for sale such soft drinks, 348
subject to sections 913.22 to 913.28 of the Revised Code. Such 349
THE license shall expire on the last day of March of each year 351
unless renewed. 352
(C) No soft drink that is manufactured or bottled out of 354
the state shall be sold or offered for sale within this state 355
unless the soft drink and the plant in which the soft drink is 356
bottled are found by the director to comply with sections 913.22 357
to 913.28 of the Revised Code, and is registered by him THE 358
DIRECTOR, which shall be upon a like application as provided in 360
division (B) of this section. 361
An annual registration fee of one hundred dollars shall be 363
paid to the director by each applicant under this division. Such 364
THE registration shall be renewed annually, and the registration 366
fee paid with the application for annual renewal. 367
Registration of out-of-state soft drink manufacturers or 369
syrup and extract manufacturers is not required if a reciprocal 370
agreement is in effect whereby a soft drink manufacturer or syrup 371
and extract manufacturer located in this state is not subject to 372
a license or registration fee by another state or a political 373
subdivision thereof. 374
(D) No person, other than a manufacturer holding a soft 376
drink plant license under this section, shall sell, offer for 377
sale, use, or have in his THE PERSON'S possession with intent to 378
sell, any soda water syrup or extract or soft drink syrup, to be 380
used in making, drawing, or dispensing soda water or other soft 381
drinks, without first registering his THE PERSON'S name and 382
address, the name and address of the manufacturer of the syrup or 384
extract, the number and variety of such syrups or extracts 385
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intended to be sold, and the trade name or brand of those 386
products, with the director, together with such samples of the 387
same SYRUPS OR EXTRACTS as the director requests for analysis. 389
Such THE person also shall pay to the department of agriculture 391
at the time of making registration a license fee of fifty 392
dollars. No license shall be granted by the director unless he 393
THE DIRECTOR determines that the syrup or extract is free from 394
all harmful drugs and other ingredients which THAT, as used, may 395
be injurious to health. Said THE registration shall be renewed 396
annually upon like terms. If any manufacturer, agent, or seller 398
is licensed or has registered his THE MANUFACTURER'S, AGENT'S, OR 399
SELLER'S name and his product as required by this section and has 401
paid his THE MANUFACTURER'S, AGENT'S, OR SELLER'S fee, his THE 402
MANUFACTURER'S, AGENT'S, OR SELLER'S distributor, retail agent, 404
or retail seller using said THE products shall not be required to 406
pay that fee. This section does not apply to local sellers of
soft drinks as to syrups and extracts made by themselves for 407
their own use exclusively. 408
(E) All moneys received under sections 913.22 to 913.28 of 410
the Revised Code shall be deposited with the treasurer of state 411
to the credit of the food, dairies, and drugs SAFETY fund created 413
in section 915.24 of the Revised Code. 414
(F) The director may revoke any license or registration 416
issued under sections 913.22 to 913.28 of the Revised Code, 417
whenever he THE DIRECTOR determines that such THOSE sections have 419
been violated. When a license has been revoked, the licensee 420
shall discontinue the manufacture and sale of soft drinks or 421
other products for which the license was issued. When a 422
registration has been revoked, the registrant shall discontinue 423
the sale within this state of his THE REGISTRANT'S products until 424
those sections have been complied with and a new license or 426
registration has been issued. The director may suspend any such 427
license or registration temporarily, pending compliance with such 428
conditions required by such THOSE sections as he THE DIRECTOR 429
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prescribes.
Sec. 915.14. As used in sections 915.14 to 915.24 of the 438
Revised Code, unless the context otherwise requires: 439
(A) "Food" means all articles used by humans for food, 441
drink, ice, confectionery, or condiment, whether simple, mixed, 442
or compound, and any substance used as a constituent in the 443
manufacture thereof. 444
(B) "Establishment" means any business location or 446
building of which any of the following facilities or operations 447
are a part: a frozen food manufacturing facility, 448
slaughterhouse, locker room, locker, chill room, sharp freezing 449
room and facilities, or sharp freezing cabinet. 450
(C) "Slaughterhouse" means a room or space used to butcher 452
animals for sharp freezing. 453
(D) "Locker room" means any room in an establishment in 455
which lockers are located and in which space may be provided for 456
the storage of frozen food belonging to and for sale by the 457
operator to the public. 458
(E) "Locker" means the individual section or compartment, 460
provided with a lock, of a capacity not to exceed twenty-five 461
cubic feet, in the locker room of an establishment, which is 462
rented by a person, firm, or corporation for the purpose of 463
storing frozen food for its use. 464
(F) "Chill room" means a room or space in an establishment 466
used for the purpose of chilling food in preparation for 467
processing for sharp freezing. 468
(G) "Sharp freezing" means the reducing of every portion 470
of food placed in a sharp freezer facility to a temperature of 471
ten degrees Fahrenheit or less in five hours or less. 472
(H) "Sharp freezing room," "sharp freezing cabinet," or 474
"other sharp freezing facilities" means any location, space, or 475
facility in an establishment used for the sharp freezing of food 476
for storage or eventual sale. 477
(I) "Operator" means any person, firm, or corporation 479
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operating or maintaining an establishment. 480
(J) "Frozen food manufacturing facility" means a room or 482
space in an establishment used to freeze food, other than frozen 483
desserts as defined in section 3717.51 917.01 of the Revised 484
Code, for eventual sale in a frozen state. 486
Sec. 915.24. (A) There is hereby created in the state 495
treasury the food, dairies, and drugs SAFETY fund. All of the 496
following moneys shall be credited to the fund: 498
(1) Bakery registration fees and fines received under 500
sections 911.02 to 911.20 of the Revised Code REVISED CODE; 502
(2) Cannery license fees and renewal fees received under 504
sections 913.01 to 913.05 of the Revised Code; 505
(3) Moneys received under sections 913.22 to 913.28 of the 507
Revised Code; 508
(4) License fees, fines, and penalties recovered for the 510
violation of sections 915.01 to 915.12 of the Revised Code; 511
(5) License fees collected under sections 915.14 to 915.23 513
AND UNDER SECTION 3715.21 of the Revised Code; 515
(6) Moneys received in accordance with section 917.23 of 517
the Revised Code. 518
(B) The director of agriculture shall use the moneys 520
deposited into the food, dairies, and drugs SAFETY fund to 521
administer and enforce the laws pursuant to which the moneys were 523
collected.
Sec. 917.01. As used in sections 917.01 to 917.23, 532
inclusive, of the Revised Code THIS CHAPTER: 534
(A) "Person" means any natural individual, GOVERNMENT 536
AGENCY, POLITICAL SUBDIVISION, partnership, corporation, 537
affiliated AFFILIATE or subsidiary of a corporation, association, 539
CO-OPERATIVE ASSOCIATION, or other business unit. 540
(B) "Co-operative Association ASSOCIATION" means any 542
association organized under sections 1729.01 to 1729.27, 544
inclusive, of the Revised Code, or under the federal law known as 546
the Capper-Volstead act "CO-OPERATIVE MARKETING ASSOCIATIONS 547
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(CAPPER-VOLSTEAD) ACT," 7 U.S.C. 291, 292 (1980), as amended, and 549
qualified to do business in Ohio, if the director OF AGRICULTURE 550
finds such THE association has, in good faith, its entire 551
activities under the control of its members and has been and is 552
exercising full authority in the sale of milk or cream for its
members. 553
(C) "Market Area AREA" means any area which THAT the 556
director finds is a natural marketing area and designates as 558
such.
(D) "Handling" means the purchase, receipt on consignment 560
or agency contract, or acquiring of milk or cream from the 562
producer thereof or organizations of producers for the purpose of 563
bottling, selling, processing, jobbing, or distributing the same. 564
(E) "Dealer" includes every OR "MILK DEALER" MEANS A 566
person who handles PURCHASES OR RECEIVES milk or cream FROM A 568
PRODUCER for the purpose of bottling, PACKAGING, selling, 570
processing, jobbing, BROKERING, or distributing the same MILK 571
except where such THE milk or cream is disposed of in the same 573
container in which it is received, without removal from such THE 575
container and without processing in any way except by necessary 577
refrigeration. Any person who buys and distributes milk in 578
containers under his THE PERSON'S own label is a dealer.
(E) "IMITATION" MEANS IMITATION AS DESCRIBED IN 21 C.F.R. 582
101.3, AS AMENDED. 583
(F) "MILK" MEANS THE LACTEAL SECRETION, SUBSTANTIALLY FREE 586
FROM COLOSTRUM, OBTAINED BY THE COMPLETE MILKING OF ONE OR MORE 587
HEALTHY COWS, GOATS, SHEEP, OR OTHER ANIMALS AND INTENDED FOR 588
EITHER OF THE FOLLOWING PURPOSES: 589
(1) TO BE SOLD FOR HUMAN CONSUMPTION OR FOR USE IN DAIRY 592
PRODUCTS;
(2) TO BE USED FOR HUMAN CONSUMPTION OR FOR USE IN DAIRY 595
PRODUCTS ON THE PREMISES OF A GOVERNMENTAL AGENCY OR INSTITUTION. 596
"MILK" DOES NOT INCLUDE A BLEND OF THE LACTEAL SECRETIONS 598
OF DIFFERENT SPECIES. 599
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(G) "GRADE A MILK" MEANS MILK PRODUCED BY A PERSON HOLDING 603
A VALID PRODUCER LICENSE OF THE GRADE A MILK CATEGORY ISSUED 604
PURSUANT TO SECTION 917.09 OF THE REVISED CODE. 607
(H) "MANUFACTURE MILK" MEANS MILK PRODUCED BY A PERSON 610
HOLDING A VALID PRODUCER LICENSE OF THE MANUFACTURE MILK CATEGORY 611
ISSUED PURSUANT TO SECTION 917.09 OF THE REVISED CODE. 613
(I) "PRODUCER" OR "MILK PRODUCER" MEANS A GRADE A MILK 616
PRODUCER OR A MANUFACTURE MILK PRODUCER. 617
(J) "GRADE A MILK PRODUCER" MEANS A PERSON LOCATED IN THIS 621
STATE WHO SELLS OR OFFERS FOR SALE GRADE A MILK OBTAINED FROM A 622
COW, GOAT, SHEEP, OR OTHER ANIMAL THAT THE PERSON OWNS OR 623
CONTROLS. 624
(K) "MANUFACTURE MILK PRODUCER" MEANS A PERSON LOCATED IN 627
THIS STATE WHO SELLS OR OFFERS FOR SALE MANUFACTURE MILK OBTAINED 628
FROM A COW, GOAT, SHEEP, OR OTHER ANIMAL THAT THE PERSON OWNS OR 629
CONTROLS.
(L) "GRADE A MILK PRODUCTS" MEANS PRODUCTS DERIVED FROM 633
GRADE A MILK AND HAVING THE STANDARD OF IDENTITY, QUALITY, 634
STRENGTH, PURITY, GRADE, AND, IF ADDED, PERMITTED OPTIONAL 635
INGREDIENTS FOUND IN THE STANDARDS OF IDENTITY ESTABLISHED FOR 636
THE PRODUCTS IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION 637
917.02 OR 3715.02 OF THE REVISED CODE, AND INCLUDES: 639
(1) COTTAGE CHEESE; 641
(2) RAW, PASTEURIZED, OR ASEPTICALLY PROCESSED PRODUCTS 644
DERIVED FROM MILK AND DESCRIBED IN EITHER OF THE FOLLOWING:
(a) THE MOST RECENT PUBLISHED RECOMMENDATIONS OF THE FOOD 647
AND DRUG ADMINISTRATION, PUBLIC HEALTH SERVICE, UNITED STATES 649
DEPARTMENT OF HEALTH AND HUMAN SERVICES; 650
(b) RULES ADOPTED BY THE DIRECTOR. 653
(M) "MANUFACTURED MILK PRODUCTS" MEANS ALL PRODUCTS, OTHER 656
THAN RAW MILK FOR SALE TO THE ULTIMATE CONSUMER AND GRADE A MILK 657
PRODUCTS, THAT ARE DERIVED FROM MILK AND ARE FOR HUMAN 658
CONSUMPTION, INCLUDING:
(1) BUTTER; 660
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(2) NATURAL OR PROCESSED CHEESE; 662
(3) EVAPORATED, CONDENSED, AND DRY PRODUCTS; 664
(4) FROZEN DESSERTS; 666
(5) SUCH OTHER PRODUCTS DERIVED FROM MILK AS THE DIRECTOR 668
MAY SPECIFY BY RULE THAT HAVE THE STANDARD OF IDENTITY, QUALITY, 669
STRENGTH, PURITY, GRADE, AND, IF ADDED, PERMITTED OPTIONAL 670
INGREDIENTS FOUND IN THE STANDARDS OF IDENTITY ESTABLISHED FOR 671
THE PRODUCT IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION 917.02 672
OR 3715.02 OF THE REVISED CODE. 674
(N) "DAIRY PRODUCTS" MEANS MILK, RAW MILK FOR SALE TO THE 677
ULTIMATE CONSUMER, GRADE A MILK PRODUCTS, AND MANUFACTURED MILK 679
PRODUCTS.
(O) "FROZEN DESSERTS" MEANS FROZEN DESSERTS, INCLUDING THE 682
MIXES, DESCRIBED IN 21 C.F.R. 135, AS AMENDED, UNLESS OTHERWISE 684
SPECIFIED BY THE DIRECTOR BY RULE. 685
(P) "MILK PLANT" MEANS A GRADE A MILK PLANT OR MANUFACTURE 689
MILK PLANT.
(Q) "GRADE A MILK PLANT" MEANS A PLACE, INCLUDING A 693
GOVERNMENTAL OPERATION, WHERE GRADE A MILK OR A GRADE A MILK 695
PRODUCT IS COLLECTED, HANDLED, CONTROLLED, PROCESSED, STORED, 696
PASTEURIZED, ULTRA-PASTEURIZED, REPASTEURIZED, ASEPTICALLY 697
PROCESSED, BOTTLED, OR PREPARED FOR DISTRIBUTION, BUT DOES NOT 698
INCLUDE A PLACE WHERE A GRADE A MILK PRODUCT IS PURCHASED IN 699
PACKAGED FORM AND IS STORED AND HANDLED FOR THE SOLE PURPOSE OF 700
SALE TO THE ULTIMATE CONSUMER.
(R) "MANUFACTURE MILK PLANT" MEANS A PLACE, INCLUDING A 703
GOVERNMENTAL OPERATION, WHERE MANUFACTURE MILK OR A MANUFACTURED 704
MILK PRODUCT IS COLLECTED, HANDLED, CONTROLLED, MANUFACTURED, 705
PROCESSED, STORED, PASTEURIZED, ULTRA-PASTEURIZED, REPASTEURIZED, 706
COMMERCIALLY STERILIZED, ASEPTICALLY PROCESSED, BOTTLED, OR 707
PREPARED FOR DISTRIBUTION, BUT DOES NOT INCLUDE A PLACE WHERE A 708
MANUFACTURED MILK PRODUCT IS PURCHASED IN PACKAGED FORM AND IS 709
STORED AND HANDLED FOR THE SOLE PURPOSE OF SALE TO THE ULTIMATE 710
CONSUMER. 711
15
(S) "RAW MILK FOR SALE TO THE ULTIMATE CONSUMER" MEANS THE 714
RAW MILK SOLD OR OFFERED FOR SALE BY A RAW MILK RETAILER. 715
(T) "RAW MILK RETAILER" MEANS A PERSON WHO, PRIOR TO 719
OCTOBER 31, 1965, WAS ENGAGED CONTINUOUSLY IN THE BUSINESS OF 720
SELLING OR OFFERING FOR SALE RAW MILK DIRECTLY TO ULTIMATE 721
CONSUMERS.
(U) "PROCESSOR" OR "MILK PROCESSOR" MEANS A GRADE A MILK 724
PROCESSOR OR A MANUFACTURE MILK PROCESSOR. 725
(V) "GRADE A MILK PROCESSOR" MEANS A PERSON WHO OPERATES 729
OR CONTROLS A MILK PLANT THAT IS LOCATED IN THIS STATE OR FROM 730
WHICH GRADE A MILK OR GRADE A MILK PRODUCTS ARE SOLD OR OFFERED 733
FOR SALE FOR HUMAN CONSUMPTION.
(W) "MANUFACTURE MILK PROCESSOR" MEANS ANY PERSON WHO 735
OPERATES OR CONTROLS A MANUFACTURE MILK PLANT THAT IS LOCATED IN 736
THIS STATE OR FROM WHICH MANUFACTURE MILK OR MANUFACTURED MILK 737
PRODUCTS ARE SOLD OR OFFERED FOR SALE FOR HUMAN CONSUMPTION. 738
(X) "WEIGHER, SAMPLER, OR TESTER" MEANS A PERSON WHO, IN 741
ORDER TO DETERMINE VOLUME, WEIGHT, OR COMPOSITION FOR THE PURPOSE 742
OF DETERMINING PRICE, WEIGHS, TESTS, OR SAMPLES EITHER OF THE 743
FOLLOWING:
(1) MILK AT A DAIRY FARM; 745
(2) MILK OR CREAM PURCHASED BY A DEALER FROM A MILK 747
PRODUCER OR CO-OPERATIVE ASSOCIATION. 748
(Y) "HAULER" OR "MILK HAULER" MEANS A PERSON WHO OWNS OR 751
LEASES A VEHICLE OR CONVEYANCE USED TO TRANSPORT RAW MILK, BUT 752
DOES NOT INCLUDE A PRODUCER TRANSPORTING RAW MILK THAT THE 753
PRODUCER HAS PRODUCED. 754
(Z) "LICENSE" MEANS A LICENSE ISSUED UNDER SECTION 917.09 757
OF THE REVISED CODE AND INCLUDES A REGISTRATION ISSUED UNDER 759
DIVISION (I) OF THAT SECTION. 760
Sec. 917.02. THE DIRECTOR OF AGRICULTURE MAY DO ANY OF THE 763
FOLLOWING:
(A) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 767
REVISED CODE REGULATING ALL OF THE FOLLOWING: 769
16
(1) THE SANITARY PRODUCTION, STORAGE, TRANSPORTATION, 771
MANUFACTURING, HANDLING, PROCESSING, SAMPLING, TESTING, 772
EXAMINATION, AND SALE OF DAIRY PRODUCTS; 773
(2) THE SUSPENSION AND REVOCATION OF LICENSES ISSUED UNDER 775
SECTION 917.09 OF THE REVISED CODE, PROVIDED THAT THE RULES ARE 777
IN ACCORDANCE WITH AND DO NOT CONFLICT WITH SECTION 917.22 OF THE 778
REVISED CODE; 779
(3) TERMS AND RENEWAL PERIODS, REGISTRATION REQUIREMENTS, 781
CATEGORIES, AND FEES FOR LICENSES ISSUED UNDER SECTION 917.09 OF 782
THE REVISED CODE, EXCEPT THAT THE FEE FOR A PRODUCER'S LICENSE 785
SHALL NOT EXCEED FIFTEEN DOLLARS;
(4) EXAMINATIONS THAT MUST BE PASSED PRIOR TO ISSUANCE OF 787
A WEIGHER, SAMPLER, OR TESTER LICENSE AND INSPECTIONS THAT MUST 788
BE PASSED PRIOR TO ISSUANCE OF ANY OTHER TYPE OF LICENSE ISSUED 789
UNDER SECTION 917.09 OF THE REVISED CODE; 790
(5) PROCEDURES FOR ISSUING AND RENEWING LICENSES UNDER 792
SECTION 917.09 OF THE REVISED CODE; 794
(6) INFORMATION THAT AN APPLICANT FOR A LICENSE ISSUED 796
UNDER SECTION 917.09 OF THE REVISED CODE IS REQUIRED TO PROVIDE 798
ON THE APPLICATION FOR LICENSURE; 799
(7) STANDARDS FOR EQUIPMENT OR MATERIALS USED FOR THE 801
PRODUCTION, PROCESSING, AND HANDLING OF DAIRY PRODUCTS; 802
(8) RECORDS TO BE KEPT BY PERSONS HOLDING A LICENSE ISSUED 804
UNDER THIS CHAPTER AND THE INSPECTION AND AUDITING OF BOOKS AND 806
RECORDS OF THOSE PERSONS;
(9) SECURITY ARRANGEMENTS AND EVIDENCE OF FINANCIAL 808
RESPONSIBILITY FOR MILK DEALERS, TO ENSURE PROMPT PAYMENT TO MILK 810
PRODUCERS;
(10) STANDARDS OF IDENTITY, QUALITY, STRENGTH, PURITY, 812
GRADING, AND LABELING OF DAIRY PRODUCTS; 813
(11) THE PRODUCTION, PROCESSING, AND HANDLING OF DAIRY 815
PRODUCTS AND THE PURCHASE OF AND PAYMENT FOR MILK AND CREAM BY 816
MILK DEALERS; 817
(12) CRITERIA FOR THE EQUIPMENT, METHODS, OR MATERIALS TO 819
17
BE USED IN PERFORMING WEIGHING, VOLUMETRIC MEASURING, SAMPLING, 820
AND TESTING OF MILK AND ITS COMPONENTS WHEN SUCH AN OPERATION IS 821
USED AS THE BASIS FOR DETERMINING PAYMENT FOR MILK DELIVERED TO 822
OR PURCHASED BY DEALERS;
(13) THE SIZE AND PLACEMENT OF LABELS AND OF WORDS ON 824
LABELS REQUIRED BY SECTION 917.04 OF THE REVISED CODE TO BE 827
PLACED ON FINAL DELIVERY CONTAINERS USED FOR THE SALE OF RAW MILK 828
TO ULTIMATE CONSUMERS. 829
THE DIRECTOR SHALL HAVE EXCLUSIVE AUTHORITY TO ADMINISTER 831
AND ENFORCE RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION. 833
(B) ENTER INTO, WITH THE APPROVAL OF THE MILK SANITATION 836
BOARD, AN AGREEMENT WITH A PUBLIC OR PRIVATE ENTITY THAT THE 837
DIRECTOR DETERMINES IS PROPERLY QUALIFIED FOR THE PERFORMANCE OF 838
ANY OF THE INSPECTIONS AND ANALYSES REQUIRED BY THIS CHAPTER; 840
(C) ADOPT RULES BY REFERENCE TO ALL OR ANY PART OF THE 843
FOLLOWING RECOMMENDATIONS: 844
(1) THE GRADE A PASTEURIZED MILK ORDINANCE, AS AMENDED, 847
AND THE "GRADE A CONDENSED AND DRY MILK PRODUCTS AND CONDENSED 849
AND DRY WHEY" SUPPLEMENT I TO THE GRADE A PASTEURIZED MILK 851
ORDINANCE OF THE FOOD AND DRUG ADMINISTRATION, PUBLIC HEALTH 852
SERVICE, OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN 855
SERVICES, TO THE EXTENT THOSE PROVISIONS DO NOT CONFLICT WITH THE 856
LAWS OF THIS STATE;
(2) THE MOST RECENT RECOMMENDATIONS FOR MILK FOR 858
MANUFACTURING PURPOSES AND ITS PRODUCTION AND PROCESSING 859
PUBLISHED IN FINAL FORM IN THE FEDERAL REGISTER BY THE UNITED 861
STATES DEPARTMENT OF AGRICULTURE, TO THE EXTENT THOSE 862
RECOMMENDATIONS DO NOT CONFLICT WITH THE LAWS OF THIS STATE. 863
(D) ADMINISTER AND ENFORCE THIS CHAPTER AND RULES ADOPTED 866
UNDER IT AND APPOINT INSPECTORS AND OTHER PERSONNEL NECESSARY TO 868
CARRY OUT THE PROVISIONS OF THIS CHAPTER AND THOSE RULES; 869
(E) EMBARGO A DAIRY PRODUCT THAT THE DIRECTOR REASONABLY 872
SUSPECTS, BELIEVES, OR DETERMINES IS ADULTERATED AS DESCRIBED IN 873
SECTION 3715.59 OF THE REVISED CODE OR IS MISBRANDED AS DESCRIBED 875
18
IN SECTION 3715.60 OF THE REVISED CODE; 876
(F) ADOPT BY REFERENCE ALL OR ANY PART OF THE RULES 879
GOVERNING THE DAIRY INDUSTRY ADOPTED BY THE UNITED STATES FOOD 880
AND DRUG ADMINISTRATION AND THE UNITED STATES DEPARTMENT OF 881
AGRICULTURE; 882
(G) ANNUALLY, NOT LATER THAN NINETY DAYS AFTER THE END OF 885
THE STATE FISCAL YEAR, DETERMINE THE EXPENSE OF ADMINISTERING AND 886
ENFORCING THIS CHAPTER AND RULES ADOPTED UNDER IT DURING THE 887
PRECEDING STATE FISCAL YEAR AND REPORT THE DETERMINATIONS TO THE 888
MILK SANITATION BOARD CREATED IN SECTION 917.03 OF THE REVISED 891
CODE.
Sec. 917.03. THERE IS HEREBY CREATED A MILK SANITATION 893
BOARD CONSISTING OF THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S 895
AUTHORIZED REPRESENTATIVE, THE DIRECTOR OF HEALTH OR THE 896
DIRECTOR'S AUTHORIZED REPRESENTATIVE, AND THE FOLLOWING MEMBERS 897
TO BE APPOINTED BY THE DIRECTOR OF AGRICULTURE:
(A) TWO GRADE A MILK PRODUCERS; 900
(B) ONE MANUFACTURE MILK PRODUCER; 902
(C) THREE MILK PROCESSORS, ONE OF WHOM SHALL BE A GRADE A 905
MILK PROCESSOR AND ONE OF WHOM SHALL BE A MANUFACTURE MILK 906
PROCESSOR;
(D) ONE MILK HAULER. 908
THE THREE MEMBERS WHO ARE MILK PRODUCERS SHALL NOT BE 910
MEMBERS OR REPRESENTATIVES OF THE SAME CO-OPERATIVE ASSOCIATION. 912
THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S AUTHORIZED 914
REPRESENTATIVE SHALL SERVE AS CHAIRPERSON OF THE BOARD. 915
BEFORE MAKING THE APPOINTMENTS TO THE BOARD REQUIRED UNDER 917
THIS SECTION, THE DIRECTOR OF AGRICULTURE SHALL CONSULT THE 918
RESPECTIVE STATEWIDE TRADE ORGANIZATIONS THAT REPRESENT GRADE A 920
MILK PRODUCERS, MANUFACTURE MILK PRODUCERS, MILK PROCESSORS, AND 921
MILK HAULERS.
OF THE INITIAL APPOINTMENTS, ONE GRADE A MILK PRODUCER, ONE 924
MILK PROCESSOR, AND THE MILK HAULER SHALL SERVE FOR A TERM ENDING 925
DECEMBER 31, 1998, ONE GRADE A MILK PRODUCER AND THE MANUFACTURE 928
19
MILK PROCESSOR SHALL SERVE FOR A TERM ENDING DECEMBER 31, 1999, 929
AND THE MANUFACTURE MILK PRODUCER AND A GRADE A MILK PROCESSOR 931
SHALL SERVE FOR A TERM ENDING DECEMBER 31, 2000. THEREAFTER, 933
MEMBERS SHALL SERVE THREE-YEAR TERMS THAT EXPIRE ON THE 934
THIRTY-FIRST DAY OF DECEMBER.
EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT 936
UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. A 937
MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE 938
EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS 939
APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THE TERM. A 940
MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE 942
OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR 943
A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. A 944
MEMBER SHALL CONTINUE IN OFFICE FOR THE ENTIRETY OF THE MEMBER'S 945
TERM UNLESS REMOVED FOR MISFEASANCE, MALFEASANCE, OR NONFEASANCE. 946
THE DIRECTOR SHALL PROVIDE THE BOARD WITH THE PERSONNEL, 948
OFFICE SPACE, AND INCIDENTALS NECESSARY FOR IT TO PERFORM ITS 949
DUTIES AND EXERCISE ITS POWERS. MEMBERS SHALL BE REIMBURSED FOR 950
THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE 951
OF THEIR DUTIES. APPOINTED MEMBERS SHALL RECEIVE COMPENSATION IN 952
AN AMOUNT DETERMINED PURSUANT TO DIVISION (J) OF SECTION 124.15 954
OF THE REVISED CODE. 956
Sec. 917.031. THE MILK SANITATION BOARD MAY DO ALL OF THE 958
FOLLOWING: 959
(A) ADVISE AND CONSULT WITH THE DIRECTOR OF AGRICULTURE IN 962
THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER AND RULES 963
ADOPTED UNDER IT;
(B) MAKE RECOMMENDATIONS TO THE DIRECTOR REGARDING 966
PROPOSED RULES;
(C) APPROVE OR DISAPPROVE AGREEMENTS BETWEEN THE DIRECTOR 969
AND ANY PUBLIC OR PRIVATE ENTITY DESIRING TO PERFORM OR 970
PERFORMING ANY OF THE INSPECTIONS OR ANALYSES REQUIRED UNDER THIS 972
CHAPTER AND RULES ADOPTED UNDER IT. 973
THE MILK SANITATION BOARD, AFTER REVIEWING THE DIRECTOR'S 975
20
ANNUAL REPORT REQUIRED UNDER DIVISION (G) OF SECTION 917.02 OF 977
THE REVISED CODE, SHALL PRESCRIBE INSPECTION FEES FOR MILK 980
PRODUCERS AND MILK PROCESSORS, AND MAY PRESCRIBE INSPECTION FEES 981
FOR MILK HAULERS, EXCEPT THAT NO INSPECTION FEES SHALL BE 982
PRESCRIBED FOR MANUFACTURE MILK PRODUCERS, PROCESSORS, OR HAULERS 983
UNTIL ON OR AFTER JULY 1, 1998. THE BOARD MAY MODIFY ANY FEES IT 985
HAS PRESCRIBED. THE FEES PRESCRIBED OR MODIFIED BY THE BOARD 986
TOGETHER WITH THE LICENSE FEES COLLECTED PURSUANT TO THIS CHAPTER 987
SHALL NOT EXCEED SIXTY-THREE PER CENT OF THE ESTIMATED COST OF 988
ADMINISTERING AND ENFORCING THIS CHAPTER, AS DETERMINED BY THE 989
BOARD'S REVIEW OF THE DIRECTOR'S ANNUAL REPORT. 990
Sec. 917.032. THE MILK SANITATION BOARD SHALL CREATE THREE 993
STANDING SUBCOMMITTEES AND MAY CREATE OTHER SUBCOMMITTEES
CONSISTING OF BOARD MEMBERS OR NONMEMBERS TO REVIEW AND CONSIDER 995
ANY ISSUE RELEVANT TO THIS CHAPTER AND TO REPORT FINDINGS AND 996
MAKE RECOMMENDATIONS TO THE BOARD. EACH OF THE THREE STANDING 997
SUBCOMMITTEES SHALL CONSIST OF EIGHT MEMBERS. ONE STANDING 998
SUBCOMMITTEE SHALL REPRESENT GRADE A MILK PRODUCTION AND 1,000
PROCESSING, ONE SHALL REPRESENT MANUFACTURE MILK PRODUCTION AND 1,001
MANUFACTURING, AND ONE SHALL REPRESENT FROZEN DESSERT 1,002
MANUFACTURING. 1,003
THE DIRECTOR OF AGRICULTURE SHALL APPOINT MEMBERS OF THE 1,005
THREE STANDING SUBCOMMITTEES AFTER CONSULTING WITH STATEWIDE 1,006
TRADE ORGANIZATIONS REPRESENTING GRADE A MILK PRODUCERS AND 1,008
PROCESSORS, MANUFACTURE MILK PRODUCERS AND MANUFACTURERS, AND 1,009
FROZEN DESSERT MANUFACTURERS, RESPECTIVELY. THE DIRECTOR SHALL 1,010
APPOINT AT LEAST ONE MEMBER OF THE MILK SANITATION BOARD TO SERVE 1,012
ON EACH STANDING SUBCOMMITTEE, AND THE DIRECTOR OR THE DIRECTOR'S
AUTHORIZED REPRESENTATIVE SHALL APPOINT AT LEAST ONE MEMBER OF 1,013
THE MILK SANITATION BOARD TO SERVE ON EACH OTHER SUBCOMMITTEE. 1,014
THE DIRECTOR SHALL APPOINT ALL OTHER MEMBERS OF STANDING 1,015
SUBCOMMITTEES, AND THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED 1,016
REPRESENTATIVE SHALL APPOINT ALL OTHER MEMBERS OF THE OTHER 1,017
SUBCOMMITTEES. THE DIRECTOR SHALL DETERMINE THE LENGTH OF THE 1,018
21
TERM OF OFFICE OF EACH MEMBER OF A STANDING SUBCOMMITTEE OR OTHER 1,019
SUBCOMMITTEE AND MAY REMOVE A MEMBER FOR MISFEASANCE,
MALFEASANCE, OR NONFEASANCE. 1,020
A STANDING SUBCOMMITTEE OR ANY OTHER SUBCOMMITTEE MAY DO 1,022
ALL OF THE FOLLOWING: 1,023
(A) ADVISE AND CONSULT WITH THE MILK SANITATION BOARD IN 1,026
THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER AND RULES 1,027
ADOPTED UNDER IT;
(B) MAKE RECOMMENDATIONS TO THE MILK SANITATION BOARD 1,030
REGARDING PROPOSED RULES;
(C) APPROVE OR DISAPPROVE AGREEMENTS BETWEEN THE DIRECTOR 1,033
AND ANY PRIVATE OR PUBLIC ENTITY DESIRING TO PERFORM OR 1,034
PERFORMING ANY OF THE INSPECTIONS OR ANALYSES REQUIRED UNDER THIS 1,036
CHAPTER AND RULES ADOPTED UNDER IT. 1,037
Sec. 917.04. NO RAW MILK RETAILER SHALL SELL, OFFER FOR 1,039
SALE, OR EXPOSE FOR SALE RAW MILK TO THE ULTIMATE CONSUMER EXCEPT 1,041
A RAW MILK RETAILER WHO, PRIOR TO OCTOBER 31, 1965, WAS ENGAGED 1,042
CONTINUOUSLY IN THE BUSINESS OF SELLING OR OFFERING FOR SALE RAW 1,043
MILK DIRECTLY TO ULTIMATE CONSUMERS, HOLDS A VALID RAW MILK 1,044
RETAILER LICENSE ISSUED UNDER SECTION 917.09 OF THE REVISED CODE, 1,047
AND IS SUBJECT TO THE RULES REGULATING THE SALE OF RAW MILK 1,048
ADOPTED UNDER THIS CHAPTER. 1,049
NO PERSON SHALL FAIL TO LABEL, IN ACCORDANCE WITH RULES 1,051
ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 917.02 OF 1,052
THE REVISED CODE, ALL FINAL DELIVERY CONTAINERS USED FOR THE SALE 1,055
OF RAW MILK TO ULTIMATE CONSUMERS WITH THE WORDS "THIS PRODUCT 1,056
HAS NOT BEEN PASTEURIZED AND MAY CONTAIN DISEASE-PRODUCING 1,057
ORGANISMS."
Sec. 917.05. NO PERSON SHALL DO ANY OF THE FOLLOWING OR 1,060
CAUSE ANY OF THE FOLLOWING TO BE DONE:
(A) REPRESENT AN IMITATION TO BE A DAIRY PRODUCT; 1,063
(B) USE A MEASURE, TEST, OR EQUIPMENT, FOR THE PURPOSE OF 1,066
DETERMINING THE IDENTITY, QUALITY, STRENGTH, PURITY, GRADE, 1,067
QUANTITY, OR PRICE OF A DAIRY PRODUCT, THAT DOES NOT COMPLY WITH 1,068
22
STANDARDS ESTABLISHED BY THE DIRECTOR OF AGRICULTURE BY RULE; 1,069
(C) CONDUCT A TEST TO DETERMINE THE IDENTITY, QUALITY, 1,072
STRENGTH, PURITY, GRADE, QUANTITY, OR PRICE OF A DAIRY PRODUCT IN 1,073
A MANNER THAT IS NOT IN ACCORDANCE WITH RULES ADOPTED BY THE 1,074
DIRECTOR;
(D) ALTER OR DESTROY THE RESULTS OF A TEST CONDUCTED TO 1,077
DETERMINE THE IDENTITY, QUALITY, STRENGTH, PURITY, GRADE, 1,078
QUANTITY, OR PRICE OF A DAIRY PRODUCT; 1,079
(E) MANUFACTURE, SELL, OR DELIVER, HOLD, OR OFFER FOR SALE 1,082
A DAIRY PRODUCT THAT IS NOT LABELED OR REPRESENTED IN ACCORDANCE 1,083
WITH THE "NUTRITION LABELING AND EDUCATION ACT OF 1990," 104 1,087
STAT. 2353, 21 U.S.C.A. 343, AS AMENDED, AND REGULATIONS ADOPTED 1,088
UNDER IT, AND WITH THIS CHAPTER AND CHAPTER 3715. OF THE REVISED 1,090
CODE AND RULES ADOPTED UNDER THOSE CHAPTERS; 1,091
(F) MANUFACTURE, SELL, OR DELIVER, HOLD, OR OFFER FOR SALE 1,094
A DAIRY PRODUCT THAT IS ADULTERATED AS DESCRIBED IN SECTION 1,095
3715.59 OF THE REVISED CODE OR IS MISBRANDED AS DESCRIBED IN 1,098
SECTION 3715.60 OF THE REVISED CODE; 1,100
(G) USE FOR HUMAN CONSUMPTION GOAT'S MILK, SHEEP'S MILK, 1,103
OR ANOTHER ANIMAL'S MILK, EXCEPT TO MANUFACTURE DAIRY PRODUCTS 1,104
THAT ARE DESCRIBED IN 21 C.F.R., AS AMENDED, OR RECOGNIZED AS 1,106
NONSTANDARDIZED TRADITIONAL PRODUCTS NORMALLY MANUFACTURED FROM 1,107
THE ANIMAL'S MILK.
Sec. 917.06. (A) AS USED IN THIS SECTION, "POLITICAL 1,110
SUBDIVISION" MEANS A COUNTY, TOWNSHIP, OR MUNICIPAL CORPORATION 1,111
AND ANY OTHER BODY CORPORATE AND POLITIC THAT IS RESPONSIBLE FOR 1,112
GOVERNMENT ACTIVITIES IN A GEOGRAPHIC AREA SMALLER THAN THAT OF 1,113
THE STATE.
(B) ALL POLITICAL SUBDIVISIONS SHALL GIVE FULL FAITH AND 1,116
CREDIT TO THE INSPECTIONS AND ACTS PERFORMED AND RECORDS CREATED 1,117
IN THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER AND THE 1,118
RULES ADOPTED UNDER IT. NO POLITICAL SUBDIVISION SHALL REQUIRE A 1,119
PERSON LICENSED UNDER SECTION 917.09 OF THE REVISED CODE TO 1,122
OBTAIN A LICENSE OR PERMIT TO OPERATE IN A MANNER DESCRIBED IN 1,123
23
THIS CHAPTER OR RULES ADOPTED UNDER IT, TO SUBMIT TO AN 1,124
INSPECTION OR PAY A FEE RELATED TO THIS CHAPTER OR THE RULES 1,125
ADOPTED UNDER IT, OR TO SATISFY ANY OTHER CONDITION EXCEPT AS 1,126
PROVIDED BY A STATUTE OR RULE OF THIS STATE OR THE UNITED STATES. 1,128
Sec. 917.07. THE DAIRY INDUSTRY FUND IS HEREBY CREATED IN 1,130
THE STATE TREASURY. ALL INSPECTION FEES AND LICENSE FEES 1,131
COLLECTED UNDER THIS CHAPTER SHALL BE DEPOSITED INTO THE FUND. 1,133
THE DAIRY FUND IS HEREBY CREATED IN THE STATE TREASURY. 1,135
ALL FINE MONEYS RECEIVED BY THE TREASURER OF STATE PURSUANT TO 1,136
DIVISION (E) OF SECTION 917.99 OF THE REVISED CODE AND ANY OTHER 1,137
MONEYS COLLECTED UNDER THIS CHAPTER, EXCEPT FOR INSPECTION FEES 1,139
AND LICENSE FEES, SHALL BE DEPOSITED INTO THE FUND. 1,140
MONEYS CREDITED TO THE DAIRY INDUSTRY FUND AND THE DAIRY 1,142
FUND SHALL BE USED TO OPERATE AND PAY EXPENSES OF THE DIVISION OF 1,144
DAIRY IN THE DEPARTMENT OF AGRICULTURE.
Sec. 917.08. The director of agriculture shall administer 1,153
and enforce sections 917.01 to 917.23, inclusive, of the Revised 1,154
Code, and after consulting the department of dairy technology of 1,155
the college of agriculture of the Ohio state university, shall 1,156
prescribe regulations setting up qualifications of applicants for 1,157
licenses as weighers, samplers, testers, or bulk tank operators, 1,158
and governing the form, nature, and subject matter of CONDUCT 1,159
examinations to be conducted to test such qualifications, and 1,160
shall provide for holding such examinations OF APPLICANTS FOR A 1,162
WEIGHER, SAMPLER, OR TESTER LICENSE ISSUED UNDER SECTION 917.09 1,163
OF THE REVISED CODE at such times and IN such places as in his 1,164
THE DIRECTOR'S opinion will afford all THE applicants an 1,166
opportunity to attend TAKE THE EXAMINATION at reasonable expense, 1,167
and will provide a sufficient number of qualified persons to be 1,168
licensed to perform the services required by such sections. The 1,169
director may designate any officers or employees of the 1,171
department of agriculture, or may employ one or more persons 1,173
recommended by the department of dairy technology, to conduct 1,174
such THE examinations and the services of such persons, when 1,175
24
approved by the director, shall have the same effect as though 1,177
such services were personally performed by the director. 1,178
Sec. 917.09. (A) THE DIRECTOR OF AGRICULTURE MAY ISSUE 1,180
THE FOLLOWING TYPES OF LICENSES: 1,181
(1) PRODUCER; 1,183
(2) PROCESSOR; 1,185
(3) MILK DEALER; 1,187
(4) RAW MILK RETAILER; 1,189
(5) WEIGHER, SAMPLER, OR TESTER; 1,191
(6) MILK HAULER. 1,193
(B) THE DIRECTOR MAY ADOPT RULES ESTABLISHING CATEGORIES 1,196
FOR EACH TYPE OF LICENSE THAT ARE BASED ON THE GRADE OR TYPE OF 1,197
DAIRY PRODUCT WITH WHICH THE LICENSEE IS INVOLVED. 1,198
(C) EXCEPT AS PROVIDED IN SECTION 917.091 OF THE REVISED 1,202
CODE AND DIVISION (I) OF THIS SECTION, NO PERSON SHALL ACT AS OR 1,204
HOLD THE PERSON'S SELF OUT AS A PRODUCER; PROCESSOR; MILK DEALER; 1,205
RAW MILK RETAILER; WEIGHER, SAMPLER, OR TESTER; OR MILK HAULER 1,206
UNLESS THE PERSON HOLDS A VALID LICENSE ISSUED BY THE DIRECTOR 1,207
UNDER THIS SECTION.
(D) EACH PERSON DESIRING A LICENSE SHALL SUBMIT TO THE 1,210
DIRECTOR A LICENSE APPLICATION ON A FORM PRESCRIBED BY THE 1,211
DIRECTOR, ACCOMPANIED BY A LICENSE FEE IN AN AMOUNT SPECIFIED IN 1,212
RULES ADOPTED UNDER SECTION 917.02 OF THE REVISED CODE. THE 1,214
APPLICANT SHALL SPECIFY ON THE APPLICATION THE TYPE OF LICENSE 1,215
AND CATEGORY REQUESTED AND SHALL INCLUDE ANY OTHER INFORMATION 1,216
REQUIRED BY RULES ADOPTED UNDER SECTION 917.02 OF THE REVISED 1,219
CODE.
(E) EACH APPLICANT FOR A WEIGHER, SAMPLER, OR TESTER 1,222
LICENSE OR REGISTRATION, PRIOR TO ISSUANCE OF THE LICENSE OR 1,223
REGISTRATION, SHALL PASS AN EXAMINATION THAT IS GIVEN IN 1,224
ACCORDANCE WITH SECTION 917.08 OF THE REVISED CODE AND RULES 1,226
ADOPTED UNDER SECTION 917.02 OF THE REVISED CODE. 1,228
EACH APPLICANT FOR ANY OTHER TYPE OF LICENSE ISSUED UNDER 1,230
THIS SECTION, PRIOR TO ISSUANCE OF THE LICENSE, SHALL PASS AN 1,231
25
INSPECTION THAT IS MADE IN ACCORDANCE WITH RULES ADOPTED UNDER 1,232
SECTION 917.02 OF THE REVISED CODE. 1,234
(F) THE DIRECTOR SHALL NOT ISSUE A LICENSE TO AN APPLICANT 1,237
UNLESS THE DIRECTOR DETERMINES, THROUGH AN INSPECTION OR 1,238
OTHERWISE, THAT THE APPLICANT IS IN COMPLIANCE WITH THE 1,239
REQUIREMENTS SET FORTH IN THIS CHAPTER AND THE RULES ADOPTED 1,240
UNDER IT.
(G) EXAMINATIONS THAT MUST BE PASSED PRIOR TO ISSUANCE OF 1,243
A WEIGHER, SAMPLER, OR TESTER LICENSE, INSPECTIONS THAT MUST BE 1,244
PASSED PRIOR TO ISSUANCE OF ANY OTHER TYPE OF LICENSE ISSUED 1,245
UNDER THIS SECTION, PROCEDURES FOR ISSUING AND RENEWING LICENSES, 1,246
AND LICENSE TERMS AND RENEWAL PERIODS SHALL COMPLY WITH RULES 1,247
ADOPTED UNDER SECTION 917.02 OF THE REVISED CODE. 1,249
(H) SUSPENSION AND REVOCATION OF LICENSES SHALL COMPLY 1,252
WITH SECTION 917.22 OF THE REVISED CODE AND RULES ADOPTED UNDER 1,254
SECTION 917.02 OF THE REVISED CODE. 1,256
(I) A PERSON WHOSE RELIGION PROHIBITS THE PERSON FROM 1,259
OBTAINING A LICENSE UNDER THIS SECTION, IN PLACE OF A LICENSE, 1,260
SHALL REGISTER WITH THE DIRECTOR AS A PRODUCER; PROCESSOR; MILK 1,261
DEALER; RAW MILK RETAILER; WEIGHER, SAMPLER, OR TESTER; OR MILK 1,262
HAULER.
THE PERSON CLAIMING THE EXEMPTION FROM LICENSURE SHALL 1,264
REGISTER ON A FORM PRESCRIBED BY THE DIRECTOR AND SHALL MEET ANY 1,265
OTHER REGISTRATION REQUIREMENTS CONTAINED IN RULES ADOPTED UNDER 1,266
SECTION 917.02 OF THE REVISED CODE. UPON RECEIVING THE PERSON'S 1,269
REGISTRATION FORM AND DETERMINING THAT THE PERSON HAS SATISFIED 1,270
ALL REQUIREMENTS FOR REGISTRATION, THE DIRECTOR SHALL NOTIFY THE 1,271
PERSON THAT THE PERSON IS REGISTERED TO LAWFULLY OPERATE AS A 1,272
PRODUCER; PROCESSOR; MILK DEALER; RAW MILK RETAILER; WEIGHER, 1,273
SAMPLER, OR TESTER; OR MILK HAULER.
A REGISTRANT IS SUBJECT TO ALL PROVISIONS GOVERNING 1,275
LICENSEES, SUCH AS PROVISIONS CONCERNING TESTING, SAMPLING, AND 1,276
INSPECTION OF DAIRY PRODUCTS. A REGISTRANT IS SUBJECT TO 1,277
PROVISIONS GOVERNING ISSUANCE OF A TEMPORARY WEIGHER, SAMPLER, OR 1,279
26
TESTER LICENSE UNDER SECTION 917.091 OF THE REVISED CODE. A 1,281
REGISTRATION SHALL BE RENEWED, SUSPENDED, AND REVOKED UNDER THE 1,282
SAME TERMS AS A LICENSE. 1,283
Sec. 917.091. THE DIRECTOR OF AGRICULTURE MAY ISSUE A 1,285
TEMPORARY WEIGHER, SAMPLER, OR TESTER LICENSE TO AN APPLICANT 1,286
UPON DETERMINING THAT THE APPLICANT HAS MET ALL QUALIFICATIONS 1,287
FOR LICENSURE UNDER SECTION 917.09 OF THE REVISED CODE EXCEPT 1,290
SUCCESSFUL COMPLETION OF AN EXAMINATION. A TEMPORARY WEIGHER, 1,291
SAMPLER, OR TESTER LICENSE IS EFFECTIVE ONLY UNTIL THE DATE OF 1,293
THE NEXT EXAMINATION. AN APPLICANT WHO HAS NOT TAKEN AN
EXAMINATION FOR LICENSURE MAY RECEIVE NO MORE THAN THREE 1,294
TEMPORARY WEIGHER, SAMPLER, OR TESTER LICENSES. AN APPLICANT WHO 1,296
TAKES AND FAILS AN EXAMINATION FOR LICENSURE MAY RECEIVE NO MORE 1,297
THAN TWO TEMPORARY WEIGHER, SAMPLER, OR TESTER LICENSES. 1,298
IF AN APPLICANT FOR A TEMPORARY WEIGHER, SAMPLER, OR TESTER 1,301
LICENSE PREVIOUSLY HELD A WEIGHER, SAMPLER, OR TESTER LICENSE 1,302
ISSUED UNDER SECTION 917.09 OF THE REVISED CODE, THE FOLLOWING 1,304
SHALL APPLY, AS APPROPRIATE: 1,305
(A) IN THE CASE OF A LICENSE THAT EXPIRED NOT MORE THAN 1,308
TWELVE MONTHS PREVIOUSLY, THE APPLICANT SHALL SUBMIT AN 1,309
APPLICATION AND THE APPROPRIATE FEE BUT IS NOT REQUIRED TO TAKE 1,310
AND PASS THE EXAMINATION.
(B) IN THE CASE OF A LICENSE THAT EXPIRED MORE THAN TWELVE 1,312
MONTHS PREVIOUSLY, THE APPLICANT SHALL SUBMIT AN APPLICATION AND 1,313
THE APPROPRIATE FEE AND SHALL TAKE AND PASS THE EXAMINATION. THE 1,315
APPLICANT MAY APPLY FOR AND RECEIVE LICENSES, BOTH TEMPORARY AND 1,316
PERMANENT, TO THE SAME EXTENT AS A NEW APPLICANT.
Sec. 917.10. (A) A PERSON WHO MANUFACTURES FROZEN 1,319
DESSERTS FOR SALE SHALL USE IN THE MANUFACTURING ONLY MIXTURES IN 1,320
WHICH THE DAIRY PRODUCTS, EGGS, AND ANY OTHER INGREDIENT 1,321
SPECIFIED BY THE DIRECTOR OF AGRICULTURE HAVE BEEN PASTEURIZED IN 1,322
ACCORDANCE WITH RULES GOVERNING PASTEURIZATION ADOPTED UNDER 1,323
SECTION 917.02 OF THE REVISED CODE. EXCEPT AS PROVIDED IN 1,325
DIVISION (B) OF THIS SECTION, PASTEURIZATION SHALL OCCUR AT THE 1,327
27
MILK PLANT WHERE RETAIL PACKAGING OCCURS. REPASTEURIZATION IS 1,328
NOT REQUIRED AT A RETAIL ESTABLISHMENT. 1,329
(B) THE DIRECTOR MAY ADOPT RULES AUTHORIZING 1,332
PASTEURIZATION AT A MILK PLANT OTHER THAN THE PLANT WHERE RETAIL 1,333
PACKAGING OCCURS IF THE DIRECTOR DETERMINES THAT THE FROZEN 1,334
DESSERT IS HANDLED, TRANSPORTED, AND STORED IN A MANNER THAT THE 1,335
DIRECTOR DETERMINES TO BE SAFE AND SUITABLE. 1,336
Sec. 917.11. ALL DAIRY PRODUCTS SHALL BE IDENTIFIED DURING 1,339
PROCESSING AND ALL PACKAGED PRODUCTS SHALL BE LABELED AND BRANDED 1,340
AS REQUIRED BY THIS CHAPTER AND CHAPTER 3715. OF THE REVISED CODE 1,343
AND RULES ADOPTED UNDER THOSE CHAPTERS, AND BY THE "NUTRITION 1,345
LABELING AND EDUCATION ACT OF 1990," 104 STAT. 2353, 21 U.S.C.A. 1,347
343, AS AMENDED AND REGULATIONS ADOPTED UNDER IT. 1,348
Sec. 917.16. (A) Sections 917.01 to 917.23, inclusive, of 1,358
the Revised Code THIS CHAPTER shall not restrain, limit, 1,360
prejudice, abrogate, or take from any co-operative association 1,361
the powers, privileges, and rights it has under sections 1729.01
to 1729.27, inclusive, of the Revised Code. 1,362
(B) Specifically, but without limiting division (A) of 1,364
this section, sections 917.01 to 917.23, inclusive, of the 1,366
Revised Code, THIS CHAPTER shall not derogate from or prejudice 1,368
any rights of any co-operative association, provided such THAT 1,369
THE association and its employees comply with the licensing 1,370
requirements.
Sec. 917.18. (A) AS USED IN THIS SECTION, "FAMILY MEMBER" 1,372
MEANS A SPOUSE; PERSON LIVING AS A SPOUSE; PARENT; CHILD; OTHER 1,373
PERSON RELATED TO A MILK PRODUCER OR RAW MILK RETAILER BY 1,374
CONSANGUINITY OR AFFINITY; OR PARENT, CHILD, OR OTHER PERSON 1,375
RELATED TO A SPOUSE OR A PERSON LIVING AS A SPOUSE BY
CONSANGUINITY OR AFFINITY, WHO IS RESIDING WITH A MILK PRODUCER 1,377
OR RAW MILK RETAILER.
(B) UPON BECOMING AWARE THAT A FAMILY MEMBER OR EMPLOYEE 1,379
WHO HANDLES OR IS LIKELY TO HANDLE GRADE A MILK, MANUFACTURE 1,380
MILK, RAW MILK FOR SALE TO THE ULTIMATE CONSUMER, OR EQUIPMENT 1,381
28
USED IN THE HANDLING OF ANY SUCH MILK, ON THE MILK PRODUCER'S OR 1,382
RAW MILK RETAILER'S PREMISES HAS CONTRACTED OR BEEN DIAGNOSED 1,383
WITH A DANGEROUS, CONTAGIOUS, OR INFECTIOUS DISEASE, THE MILK 1,384
PRODUCER OR RAW MILK RETAILER IMMEDIATELY SHALL NOTIFY THE 1,385
DIRECTOR OF AGRICULTURE AND THE HEALTH COMMISSIONER OF THE CITY 1,386
HEALTH DISTRICT OR GENERAL HEALTH DISTRICT IN WHICH ITS DAIRY 1,387
PRODUCTS ARE SOLD OR OFFERED FOR SALE, ADVISING BOTH OFFICIALS OF 1,388
THE FACTS OF THE CASE. THE DIRECTOR MAY ORDER THAT THE SALE OF 1,389
THE DAIRY PRODUCTS BE STOPPED PENDING AN INVESTIGATION AND FOR 1,390
ANY TIME THEREAFTER THAT THE DIRECTOR REQUIRES. IF THE DIRECTOR 1,391
DETERMINES THAT AN INVESTIGATION IS CALLED FOR, THE DIRECTOR OR 1,392
THE DIRECTOR'S AUTHORIZED REPRESENTATIVE SHALL INVESTIGATE 1,393
WITHOUT DELAY, AND THE DIRECTOR MAY PLACE AN EMBARGO OR MAKE AND 1,394
ENFORCE ORDERS, WITHOUT A HEARING, TO PREVENT THE SALE OF DAIRY 1,396
PRODUCTS THAT CONSTITUTE ADULTERATED FOOD AS DESCRIBED IN SECTION 1,397
3715.59 OF THE REVISED CODE. 1,399
Sec. 917.19. THE FOLLOWING ITEMS SHALL BE SUBJECT TO 1,401
INSPECTION BY A PERSON DESIGNATED BY THE DIRECTOR OF AGRICULTURE: 1,403
(A) MILK PLANT FACILITIES AND EQUIPMENT; 1,406
(B) VEHICLES AND CONTAINERS USED BY MILK HAULERS; 1,409
(C) DAIRY FARMS, INCLUDING DAIRY ANIMALS, STABLES, MILK 1,412
PARLORS, MILK HOUSES, AND MILK VESSELS OF MILK PRODUCERS. 1,413
THE INSPECTOR, WHILE IN THE NORMAL, LAWFUL, AND PEACEFUL 1,415
PURSUIT OF INSPECTION DUTIES, MAY ENTER UPON, CROSS OVER, AND 1,416
REMAIN UPON PRIVATELY OWNED LANDS FOR THOSE PURPOSES AND SHALL 1,417
NOT BE SUBJECT TO ARREST FOR TRESPASS. 1,418
Sec. 917.20. A TEST REPORT OR DOCUMENT PREPARED BY AN 1,420
ANALYST WHO IS EMPLOYED OR DESIGNATED BY THE DIRECTOR OF 1,421
AGRICULTURE AND WHO TESTED A SAMPLE SHALL BE ADMISSIBLE AS 1,422
EVIDENCE IN A PROSECUTION FOR A VIOLATION OF A STATUTE OR RULE, 1,423
PROVIDED THAT THE REPORT OR DOCUMENT CONTAINS A SWORN STATEMENT, 1,424
SIGNED BY THE ANALYST, THAT THE REPORT OR DOCUMENT ACCURATELY 1,426
CONTAINS OR REPRESENTS THE FINDINGS OR CONCLUSIONS OF THE 1,427
ANALYST.
29
Sec. 917.21. IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW 1,429
AND IRRESPECTIVE OF WHETHER AN ADEQUATE REMEDY AT LAW EXISTS, THE 1,430
DIRECTOR OF AGRICULTURE MAY APPLY TO THE COURT OF COMMON PLEAS OF 1,432
A COUNTY IN WHICH A VIOLATION OF THIS CHAPTER OR RULES ADOPTED 1,433
UNDER IT OCCURS FOR A TEMPORARY OR PERMANENT INJUNCTION OR OTHER 1,434
APPROPRIATE RELIEF CONCERNING THE VIOLATION. 1,435
Sec. 917.22. (A)(1) THE DIRECTOR OF AGRICULTURE MAY DENY, 1,438
SUSPEND, OR REVOKE A LICENSE ISSUED UNDER THIS CHAPTER FOR A 1,439
VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT. EXCEPT 1,440
AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION, THE DENIAL, 1,442
SUSPENSION, OR REVOCATION OF A LICENSE IS NOT EFFECTIVE UNTIL THE 1,443
LICENSEE IS GIVEN WRITTEN NOTICE OF THE VIOLATION, A REASONABLE 1,444
AMOUNT OF TIME TO CORRECT THE VIOLATION, AND AN OPPORTUNITY FOR A 1,445
HEARING.
(2) IF THE DIRECTOR DETERMINES THAT A DAIRY PRODUCT 1,447
CONSTITUTES ADULTERATED FOOD AS DESCRIBED IN SECTION 3715.59 OF 1,448
THE REVISED CODE OR EXCEEDS BACTERIAL OR CHEMICAL STANDARDS 1,451
ESTABLISHED BY RULES ADOPTED UNDER THIS CHAPTER, OR THAT AN 1,452
EMERGENCY EXISTS THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE 1,453
PUBLIC HEALTH, THE DIRECTOR MAY DENY, SUSPEND, OR REVOKE A 1,454
LICENSE, EFFECTIVE IMMEDIATELY WITHOUT A HEARING, PROVIDED THAT 1,455
AN OPPORTUNITY FOR A HEARING SHALL BE AFFORDED THEREAFTER WITHOUT 1,456
DELAY.
(B) ALL PROCEEDINGS UNDER THIS CHAPTER SHALL COMPLY WITH 1,460
CHAPTER 119. OF THE REVISED CODE, EXCEPT THAT: 1,462
(1) THE LOCATION OF ANY ADJUDICATORY HEARING THAT THE 1,464
LICENSEE REQUESTS SHALL BE THE COUNTY SEAT OF THE COUNTY IN WHICH 1,466
IS LOCATED THE LICENSEE'S FACILITY THAT IS INVOLVED IN THE
ALLEGED VIOLATION. 1,467
(2) THE DIRECTOR SHALL NOTIFY A LICENSEE BY CERTIFIED MAIL 1,470
OR PERSONAL DELIVERY THAT THE LICENSEE IS CONDITIONALLY ENTITLED 1,471
TO A HEARING. THE DIRECTOR SHALL SPECIFY IN THE NOTICE THAT, IN 1,472
ORDER TO OBTAIN A HEARING, THE LICENSEE MUST REQUEST THE HEARING 1,473
NOT LATER THAN TEN DAYS AFTER THE DATE OF RECEIPT OF THE NOTICE. 1,474
30
(3) IF THE LICENSEE REQUESTS A HEARING, THE DATE SET FOR 1,476
THE HEARING SHALL BE NO LATER THAN TEN DAYS AFTER THE DATE ON 1,477
WHICH THE DIRECTOR RECEIVES THE REQUEST, UNLESS THE DIRECTOR AND 1,478
THE LICENSEE AGREE OTHERWISE. 1,479
(4) THE DIRECTOR SHALL NOT POSTPONE OR CONTINUE AN 1,481
ADJUDICATION HEARING WITHOUT THE CONSENT OF THE LICENSEE. IF THE 1,483
LICENSEE REQUESTS A POSTPONEMENT OR CONTINUATION OF AN
ADJUDICATION HEARING, THE DIRECTOR SHALL NOT GRANT IT UNLESS THE 1,484
LICENSEE DEMONSTRATES THAT AN EXTREME HARDSHIP WILL BE INCURRED 1,485
IN HOLDING THE ADJUDICATION HEARING ON THAT HEARING DATE. IF THE 1,486
DIRECTOR GRANTS A POSTPONEMENT OR CONTINUATION ON THE GROUNDS OF 1,488
EXTREME HARDSHIP TO THE LICENSEE, THE RECORD SHALL DOCUMENT THE 1,489
NATURE AND CAUSE OF THE EXTREME HARDSHIP. 1,490
(5) IN LIEU OF HAVING A HEARING AND UPON THE LICENSEE'S 1,492
WRITTEN REQUEST TO THE DIRECTOR, THE LICENSEE MAY SUBMIT TO THE 1,493
DIRECTOR, NOT LATER THAN THE DATE OF THE HEARING SET PURSUANT TO 1,494
DIVISION (B)(3) OF THIS SECTION, DOCUMENTS, PAPERS, AND OTHER 1,496
WRITTEN EVIDENCE TO SUPPORT THE LICENSEE'S CLAIM. 1,497
(6) IF THE DIRECTOR APPOINTS A REFEREE OR EXAMINER TO 1,499
CONDUCT THE HEARING, THE FOLLOWING APPLY: 1,500
(a) A COPY OF THE WRITTEN ADJUDICATION REPORT AND 1,502
RECOMMENDATIONS OF THE REFEREE OR EXAMINER SHALL BE SERVED BY 1,503
CERTIFIED MAIL UPON THE DIRECTOR AND THE LICENSEE OR THE 1,504
LICENSEE'S ATTORNEY OR OTHER REPRESENTATIVE OF RECORD NOT LATER 1,505
THAN THREE BUSINESS DAYS FOLLOWING THE CONCLUSION OF THE HEARING. 1,507
(b) NOT LATER THAN THREE BUSINESS DAYS AFTER RECEIPT OF 1,510
THE REPORT AND RECOMMENDATIONS, THE LICENSEE MAY FILE WITH THE 1,511
DIRECTOR WRITTEN OBJECTIONS TO THE REPORT AND RECOMMENDATIONS. 1,512
(c) THE DIRECTOR SHALL CONSIDER THE OBJECTIONS SUBMITTED 1,515
BY THE LICENSEE BEFORE APPROVING, MODIFYING, OR DISAPPROVING THE 1,516
REPORT AND RECOMMENDATIONS. THE DIRECTOR SHALL SERVE THE 1,517
DIRECTOR'S ORDER UPON THE LICENSEE OR THE LICENSEE'S ATTORNEY OR 1,518
OTHER REPRESENTATIVE OF RECORD BY CERTIFIED MAIL NOT LATER THAN 1,519
SIX BUSINESS DAYS AFTER RECEIVING THE REPORT.
31
(7) IF THE DIRECTOR CONDUCTS THE HEARING, THE DIRECTOR 1,521
SHALL SERVE THE DIRECTOR'S DECISION BY CERTIFIED MAIL UPON THE 1,522
LICENSEE OR THE LICENSEE'S ATTORNEY OR OTHER REPRESENTATIVE OF 1,523
RECORD NOT LATER THAN THREE BUSINESS DAYS FOLLOWING THE CLOSE OF 1,524
THE HEARING. 1,525
(8) IF NO HEARING IS HELD, THE DIRECTOR SHALL ISSUE AN 1,527
ORDER BY CERTIFIED MAIL TO THE LICENSEE OR THE LICENSEE'S 1,528
ATTORNEY OR OTHER REPRESENTATIVE OF RECORD NOT LATER THAN THREE 1,529
BUSINESS DAYS FOLLOWING THE LAST DATE POSSIBLE FOR A HEARING, 1,530
BASED ON THE RECORD THAT IS AVAILABLE. 1,531
Sec. 917.23. (A) WITH RESPECT TO COOLING AND STORAGE OF 1,534
MANUFACTURE MILK, A MANUFACTURE MILK PRODUCER SHALL DO ONE OF THE 1,535
FOLLOWING:
(1) IN THE CASE OF MANUFACTURE MILK THAT IS STORED IN CANS 1,538
ON THE MANUFACTURE MILK PRODUCER'S FARM, COOL THE MILK TO AND 1,539
STORE IT AT A TEMPERATURE OF SIXTY DEGREES FAHRENHEIT, SIXTEEN 1,540
DEGREES CELSIUS, OR LOWER WITHIN TWO HOURS AFTER COMPLETION OF 1,542
THE MILKING;
(2) IN THE CASE OF ALL OTHER MANUFACTURE MILK THAT IS 1,544
STORED ON THE MANUFACTURE MILK PRODUCER'S FARM, COOL THE MILK AND 1,546
STORE IT IN ACCORDANCE WITH RULES ADOPTED BY THE DIRECTOR OF
AGRICULTURE PURSUANT TO SECTION 917.02 OF THE REVISED CODE. 1,549
(B) MANUFACTURE MILK STORED IN ACCORDANCE WITH DIVISION 1,553
(A)(1) OF THIS SECTION SHALL BE USED EXCLUSIVELY IN THE 1,554
MANUFACTURE OF CHEESE. THE BY-PRODUCTS CREATED FROM THE 1,555
MANUFACTURE OF CHEESE MAY BE USED TO MANUFACTURE BUTTER AND DRIED 1,556
WHEY PRODUCTS.
(C) THIS SECTION DOES NOT APPLY TO RAW MILK THAT IS 1,559
DELIVERED TO A MANUFACTURE MILK PLANT NOT LATER THAN TWO HOURS 1,560
AFTER COMPLETION OF MILKING. 1,561
Sec. 917.99. (A) Whoever violates DIVISION (C) OF section 1,570
917.17 917.09 of the Revised Code shall be fined not less than 1,572
one hundred nor more than one thousand dollars IS GUILTY OF A 1,573
MISDEMEANOR OF THE SECOND DEGREE ON A FIRST OFFENSE AND A
32
MISDEMEANOR OF THE FIRST DEGREE ON EACH SUBSEQUENT OFFENSE. 1,574
(B) Whoever violates section 917.18 or 917.20 917.13 OR 1,577
917.14 of the Revised Code is guilty of a misdemeanor of the 1,579
fourth FIRST degree ON A FIRST OFFENSE, A FELONY OF THE FIFTH 1,580
DEGREE ON A SECOND OFFENSE, AND A FELONY OF THE FOURTH DEGREE ON 1,581
EACH SUBSEQUENT OFFENSE. 1,582
(C) Whoever violates DIVISION (A), (B), (C), (D), OR (G) 1,585
OF section 917.19 917.05 of the Revised Code is guilty of a minor 1,587
misdemeanor OF THE FOURTH DEGREE. 1,588
(D) WHOEVER VIOLATES DIVISION (E) OR (F) OF SECTION 917.05 1,592
OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE SECOND 1,595
DEGREE ON A FIRST OFFENSE AND A MISDEMEANOR OF THE FIRST DEGREE 1,596
ON EACH SUBSEQUENT OFFENSE.
(E) EACH DAY OF VIOLATION OF A PROVISION DESCRIBED IN 1,599
DIVISIONS (A) TO (D) OF THIS SECTION CONSTITUTES A SEPARATE 1,602
OFFENSE.
(F) THE COURT IMPOSING A FINE UNDER DIVISIONS (A) TO (D) 1,605
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 1,608
THE DAIRY FUND CREATED IN SECTION 917.07 OF THE REVISED CODE. 1,610
SUBJECT TO THAT MINIMUM PERCENTAGE, THE COURT'S ORDER SHALL
SPECIFY THE PERCENTAGE OF THE FINE THAT THE CLERK OF THE COURT 1,611
SHALL DISBURSE TO THE TREASURER OF STATE. THE CLERK OF THE COURT 1,612
SHALL DISBURSE THE REMAINDER OF THE FINE TO THE COUNTY TREASURER. 1,613
Sec. 3707.33. The board of health of a city or general 1,623
health district may appoint, define the duties of, and fix the 1,624
compensation of the number of inspectors of shops, wagons, 1,625
appliances, and meat, and the number of other persons necessary 1,626
to carry out Chapter 3707. of the Revised Code THIS CHAPTER and, 1,627
IF APPLICABLE, to carry out any duties assumed by the board under 1,629
an agreement entered into under DIVISION (B) OF section 3717.63 1,630
917.02 of the Revised Code. Inspectors for those purposes may 1,631
enter any house, vehicle, or yard. The board may authorize the 1,632
health commissioner to perform the duties of the inspectors. 1,633
33
Sec. 3707.34. The board of health of a city or general 1,643
health district may keep for public inspection a record of the 1,644
names, residences, and places of business of all persons engaged 1,645
in the sale of milk or meat and may require permits, after 1,646
inspection, other than an inspection conducted BY THE BOARD under 1,647
AN AGREEMENT ENTERED INTO UNDER DIVISION (B) OF section 3717.63 1,648
917.02 of the Revised Code, to vend either milk or meat to be 1,649
renewed seminannually SEMIANNUALLY, for which a charge of not 1,650
more than fifty cents may be made. The board may require a 1,652
certificate from a licensed veterinarian that the cows furnishing 1,653
milk brought for sale within its jurisdiction are free from
tuberculosis or other dangerous disease. 1,654
Not later than the first day of September each year, the 1,656
boards of health shall forward to the director of agriculture an 1,657
updated copy of all records kept as required by this division. 1,658
Sec. 3715.02. (A) The director of agriculture shall ADOPT 1,667
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT 1,669
establish standards of quality, WHEN OTHERWISE NOT ESTABLISHED BY 1,670
A LAW OF THIS STATE, DEFINITIONS FOR A FOOD OR CLASS OF FOOD AND 1,672
STANDARDS FOR THE FOLLOWING ITEMS AS THEY PERTAIN TO THE FOOD OR 1,673
CLASS OF FOOD:
(1) QUALITY, IDENTITY, purity, GRADE, and strength for 1,676
foods, when those standards are not otherwise established by any 1,677
law of this state. The; 1,678
(2) PACKAGING AND LABELING; 1,680
(3) FOOD PROCESSING EQUIPMENT; 1,682
(4) PROCESSING PROCEDURES; 1,684
(5) FILL OF CONTAINERS. 1,686
THE standards AND DEFINITIONS, WHERE APPLICABLE, shall 1,688
conform to the standards for foods adopted by the United States 1,689
department of agriculture and the United States food and drug 1,690
administration. The director shall adopt uniform rules that he 1,691
considers necessary for the enforcement of the food, drug, dairy, 1,692
and sanitary laws of this state. The rules, where applicable, 1,693
34
shall conform to and be the same as the regulations adopted for 1,694
the enforcement of the "Federal Food, Drug, and Cosmetic Act," 52 1,695
Stat. 1040 (1938), 21 U.S.C.A. 301 et seq., as amended. 1,696
(B) THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH 1,700
CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH, WHEN OTHERWISE 1,703
NOT ESTABLISHED BY A LAW OF THIS STATE, STANDARDS FOR FOOD 1,704
ESTABLISHMENT FACILITIES AND SANITATION OF FOOD ESTABLISHMENTS. 1,705
AS USED IN THIS DIVISION, "FOOD ESTABLISHMENT" MEANS A 1,707
PREMISES OR PART OF A PREMISES, OTHER THAN A FOOD SERVICE 1,708
OPERATION AS DEFINED IN SECTION 3732.01 OF THE REVISED CODE, 1,711
WHERE FOOD IS PREPARED, PROCESSED, STORED, MANUFACTURED, 1,712
TRANSPORTED, OR OTHERWISE HELD OR HANDLED FOR SALE OR 1,713
DISTRIBUTION.
(C) IN ADOPTING RULES THAT ESTABLISH DEFINITIONS AND 1,716
STANDARDS OF IDENTITY FOR A FOOD OR CLASS OF FOOD IN WHICH ONLY A 1,717
LIMITED NUMBER OF OPTIONAL INGREDIENTS ARE PERMITTED, THE 1,718
DIRECTOR SHALL DESIGNATE THE OPTIONAL INGREDIENTS THAT MUST BE 1,719
LISTED ON THE LABEL.
(D) The director or his THE DIRECTOR'S designee shall do 1,722
all of the following: 1,723
(A)(1) Inspect drugs, butter, cheese, lard, syrup, milk, 1,725
and other articles of food, or drink made MANUFACTURED, STORED, 1,728
or offered for sale in the state; 1,729
(B)(2) Prosecute or cause to be prosecuted each person, 1,731
firm, or corporation engaged in the unlawful manufacture or sale 1,732
of an adulterated drug or article of food or drink, in violation 1,733
of law; 1,734
(C)(3) Enforce all laws against fraud, adulteration, or 1,736
impurities in foods, drinks, or drugs, FOODS, OR DRINKS and 1,737
unlawful labeling within the state. 1,738
(E) THE DIRECTOR MAY APPOINT OR CONTRACT FOR ONE OR MORE 1,741
QUALIFIED PERSONS TO ENFORCE THE PROVISIONS OF THIS CHAPTER. 1,742
Sec. 3715.21. (A)(1) EXCEPT AS PROVIDED IN DIVISION (E) 1,745
OF THIS SECTION OR DIVISION (B) OF SECTION 3732.07 OF THE REVISED 1,746
35
CODE, NO PERSON REGULARLY SHALL ENGAGE IN THE BUSINESS OF 1,748
OPERATING ONE OR MORE RETAIL FROZEN DESSERT FREEZERS FOR THE 1,749
PURPOSE OF FREEZING, REFREEZING, OR HOLDING FROZEN ANY FROZEN 1,750
DESSERT TO BE SOLD AT RETAIL WITHOUT FIRST OBTAINING A LICENSE 1,751
FOR THE OPERATION OF ALL FREEZERS FROM THE DIRECTOR OF 1,752
AGRICULTURE. APPLICATION FOR THE LICENSE SHALL BE MADE TO THE 1,753
DIRECTOR IN THE MANNER THAT THE DIRECTOR PRESCRIBES. 1,754
(2) AN APPLICATION FOR THE UPCOMING LICENSE YEAR FILED 1,756
WITH THE DIRECTOR ON OR BEFORE THE THIRTY-FIRST DAY OF MAY SHALL 1,758
BE ACCOMPANIED BY A FEE OF TWENTY-FIVE DOLLARS FOR EACH FREEZER. 1,759
A LATE APPLICATION FILED WITH THE DIRECTOR AFTER THE THIRTY-FIRST 1,760
DAY OF MAY, BUT ON OR BEFORE THE THIRTIETH DAY OF JUNE, SHALL BE 1,762
ACCOMPANIED BY A FEE OF FIFTY DOLLARS FOR EACH FREEZER. A LATE 1,763
APPLICATION FILED WITH THE DIRECTOR AFTER THE THIRTIETH DAY OF 1,765
JUNE, BUT ON OR BEFORE THE THIRTY-FIRST DAY OF AUGUST, SHALL BE 1,766
ACCOMPANIED BY A FEE OF SEVENTY-FIVE DOLLARS FOR EACH FREEZER. A 1,767
LATE APPLICATION FILED WITH THE DIRECTOR AFTER THE THIRTY-FIRST 1,768
DAY OF AUGUST SHALL BE ACCOMPANIED BY A FEE OF ONE HUNDRED 1,770
DOLLARS FOR EACH FREEZER.
(B) FOLLOWING RECEIPT OF THE APPLICATION AND THE 1,773
APPLICABLE FEE, BUT PRIOR TO ISSUING THE INITIAL LICENSE, THE 1,774
DIRECTOR SHALL INSPECT THE APPLICANT'S EQUIPMENT AND FACILITIES 1,775
TO DETERMINE THEIR SANITARY CONDITION. IF THE DIRECTOR FINDS 1,776
THAT THE SANITARY CONDITION OF THE EQUIPMENT AND FACILITIES 1,777
COMPLIES WITH THE DIRECTOR'S RULES ESTABLISHING SANITARY 1,778
STANDARDS APPLICABLE TO RETAIL FROZEN DESSERT FREEZERS, THE
DIRECTOR SHALL ISSUE A LICENSE. 1,780
(C) THE LICENSE SHALL EXPIRE ON THE THIRTY-FIRST DAY OF 1,783
MAY OF EACH YEAR, UNLESS RENEWED IN ACCORDANCE WITH THE STANDARD 1,784
RENEWAL PROCEDURES SET FORTH IN CHAPTER 4745. OF THE REVISED 1,787
CODE. THE DIRECTOR SHALL NOT RENEW A LICENSE UNLESS THE 1,788
APPLICANT FOR THE RENEWAL HAS SUBMITTED A PROPERLY COMPLETED 1,789
APPLICATION AND HAS PAID THE REQUIRED RENEWAL FEE. 1,790
(D) ALL FEES COLLECTED UNDER THIS DIVISION SHALL BE 1,793
36
DEPOSITED TO THE CREDIT OF THE FOOD SAFETY FUND CREATED IN 1,794
SECTION 915.24 OF THE REVISED CODE. 1,796
(E) A HOLDER OF A VALID PROCESSOR LICENSE OR REGISTRATION 1,799
ISSUED UNDER SECTION 917.09 OF THE REVISED CODE WHO SELLS FROZEN 1,801
DESSERTS AT RETAIL ON THE PREMISES OF THE MILK PLANT WHERE THE 1,802
FROZEN DESSERTS ARE MANUFACTURED IS NOT REQUIRED TO OBTAIN A 1,803
LICENSE UNDER DIVISION (A) OF THIS SECTION FOR ANY OF THE FROZEN 1,805
DESSERT FREEZERS LOCATED ON THE PREMISES OF THAT MILK PLANT. 1,806
(F) THIS SECTION DOES NOT APPLY TO A PERSON WHO SELLS 1,809
FROZEN DESSERTS AT RETAIL IN A PACKAGE LABELED FOR SALE TO THE 1,810
CONSUMER, PROVIDED THAT THE FROZEN DESSERT WAS PACKAGED BY A 1,811
PERSON HOLDING A VALID PROCESSOR LICENSE OR REGISTRATION ISSUED 1,812
UNDER SECTION 917.09 OF THE REVISED CODE. 1,814
Sec. 3715.211. THE DIRECTOR OF AGRICULTURE, IN ACCORDANCE 1,817
WITH CHAPTER 119. OF THE REVISED CODE, MAY SUSPEND, REVOKE, OR 1,819
DENY A RETAIL FROZEN DESSERT FREEZER LICENSE ISSUED UNDER SECTION 1,821
3715.21 OF THE REVISED CODE OR FOR WHICH AN APPLICATION WAS 1,823
SUBMITTED UNDER THAT SECTION AFTER FINDING THAT THE LICENSEE OR 1,824
APPLICANT HAS FAILED TO COMPLY WITH THAT SECTION OR ANY RULES 1,825
ADOPTED BY THE DIRECTOR ESTABLISHING SANITARY STANDARDS 1,826
APPLICABLE TO RETAIL FROZEN DESSERT FREEZERS.
Sec. 3715.24. (A) AS USED IN THIS SECTION AND SECTION 1,829
3715.25 OF THE REVISED CODE: 1,831
(1) "GRADE" MEANS STANDARDS FOR GRADES OF MAPLE SYRUP 1,833
ADOPTED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AND 1,836
ACCEPTED BY THE DIRECTOR OF AGRICULTURE OR GRADES AS DEFINED IN 1,837
RULES ADOPTED BY THE DIRECTOR.
(2) "MAPLE PRODUCTS" MEANS MAPLE SYRUP, MAPLE SUGAR, MAPLE 1,840
CREAM, OR ANY OTHER PRODUCT IN WHICH THE SUGAR CONTENT IS
ENTIRELY DERIVED FROM PURE MAPLE SAP AND TO WHICH NO OTHER 1,841
SWEETENER HAS BEEN ADDED. 1,842
(3) "MAPLE SAP" MEANS THE UNPROCESSED LIQUID DERIVED FROM 1,845
THE MAPLE TREE OF THE ACER SPECIES.
(4) "MAPLE SUGAR" OR "MAPLE CONCRETE" MEANS THE SOLID, 1,847
37
CRYSTALLINE PRODUCTS DERIVED FROM PURE MAPLE SAP. 1,848
(5) "MAPLE SYRUP" MEANS THE UNADULTERATED LIQUID FOOD 1,850
DERIVED BY CONCENTRATION AND HEAT TREATMENT OF PURE MAPLE SAP OR 1,851
BY RECONSTITUTING MAPLE SUGAR OR MAPLE CONCRETE WITH WATER TO A 1,853
DENSITY OF NOT LESS THAN OF SIXTY-SIX DEGREES ON THE BRIX SCALE 1,854
AT SIXTY-EIGHT DEGREES FAHRENHEIT AND ANY PERMITTED OPTIONAL 1,856
INGREDIENTS.
(6) "PACKAGE" MEANS A CONTAINER, EQUAL TO OR LESS THAN 1,858
FIVE GALLONS IN VOLUME, INTENDED TO BE SOLD TO INDIVIDUALS OR 1,859
COMMERCIAL BUSINESSES FOR USE WITHOUT FURTHER PROCESSING OR 1,860
REPACKAGING OF THE CONTENTS. 1,861
(B) THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN 1,864
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH 1,867
VOLUNTARY GRADES, AUTHORIZED OPTIONAL INGREDIENTS, STANDARDS FOR 1,868
FILL OF CONTAINERS, AND STANDARDS OF WEIGHT FOR THE SALE OF MAPLE 1,869
PRODUCTS IN THIS STATE AND THAT SPECIFY THE ANALYTICAL TESTS TO 1,870
BE USED FOR DETERMINING COMPLIANCE WITH THOSE VOLUNTARY GRADE 1,871
REQUIREMENTS.
(C) THE DIRECTOR SHALL DEVELOP AND MAINTAIN LABORATORY 1,874
FACILITIES, EQUIPMENT, AND PROCEDURES SUFFICIENT TO DETERMINE 1,875
WHETHER MAPLE SYRUP COMPLIES WITH THE REQUIREMENTS RELATIVE TO 1,876
STANDARDS AND GRADES IN THIS CHAPTER AND THE RULES ADOPTED UNDER 1,877
IT.
Sec. 3715.25. (A) No person shall manufacture for sale, 1,886
offer for sale, have in his possession POSSESS with intent to 1,888
sell, or sell, or deliver, as and for maple syrup or A maple 1,890
sugar, an adulteration thereof PRODUCT THAT IS ADULTERATED AS 1,891
DESCRIBED IN SECTION 3715.59 OF THE REVISED CODE OR IS MISBRANDED 1,893
AS DESCRIBED IN SECTION 3715.60 OF THE REVISED CODE. 1,896
(B) NO PERSON SHALL OFFER FOR SALE, POSSESS WITH INTENT TO 1,899
SELL, SELL, OR DELIVER AN ADULTERATION OF A MAPLE PRODUCT IN A 1,900
PACKAGE HAVING THE WORD "MAPLE" OR A COMPOUND THEREOF, AS THE 1,901
NAME OR PART OF THE NAME OF THE CONTENTS OF THE PACKAGE, OR IN A 1,902
PACKAGE BEARING A DEVICE OR ILLUSTRATION SUGGESTIVE OF A MAPLE 1,903
38
PRODUCT OR THE MANUFACTURE OF A MAPLE PRODUCT. 1,904
(C) NO PERSON SHALL SELL, DELIVER, OFFER FOR SALE, OR 1,907
POSSESS WITH INTENT TO SELL A PACKAGED MAPLE PRODUCT WITHOUT A 1,908
LABEL THAT COMPLIES WITH RULES ADOPTED UNDER SECTION 3715.02 OF 1,909
THE REVISED CODE.
(D) NO PERSON SHALL REPRESENT AN IMITATION MAPLE PRODUCT, 1,912
AS DEFINED IN RULES ADOPTED UNDER SECTION 3715.02 OF THE REVISED 1,913
CODE, AS A MAPLE PRODUCT.
Sec. 3715.27. (A) AS USED IN THIS SECTION, "CIDER" MEANS 1,916
THE UNFERMENTED JUICE, OBTAINED BY MECHANICALLY EXPRESSING THE 1,917
JUICE FROM SOUND, MATURE, NON-CITRUS FRUIT, FROM WHICH IS REMOVED 1,918
EXCESS PULP AND SEEDS, OTHER THAN EMBRYONIC SEEDS AND SMALL 1,919
FRAGMENTS OF SEEDS THAT CANNOT BE SEPARATED BY GOOD MANUFACTURING 1,920
PRACTICE. THE CIDER MAY CONTAIN NATURAL OR ARTIFICIAL CITRIC 1,921
ACID, PRESERVATIVES AUTHORIZED BY RULES ADOPTED UNDER SECTION 1,922
3715.02 OF THE REVISED CODE, OR A COMBINATION THEREOF. 1,923
(B) FOR THE MANUFACTURE OF APPLE CIDER, A MECHANICAL 1,926
WASHING AND SCRUBBING DEVICE SHALL BE USED TO REMOVE ORCHARD SOIL 1,927
AND DIRT FROM THE FRUIT PRIOR TO CRUSHING. THIS DEVICE SHALL BE 1,928
EQUIPPED WITH AUTOMATIC SCRUBBING BRUSHES AND A MEANS TO 1,929
CHLORINATE THE WATER USED AS THE WASHING LIQUID. 1,930
(C) A COMPLETE LABEL THAT COMPLIES WITH RULES ADOPTED 1,933
UNDER SECTION 3715.02 OF THE REVISED CODE SHALL BE PLACED ON EACH 1,936
PACKAGE OF CIDER DESIGNED FOR SALE TO THE ULTIMATE CONSUMER. 1,937
(D) NO PERSON SHALL FAIL TO COMPLY WITH DIVISION (B) OR 1,940
(C) OF THIS SECTION.
Sec. 3715.59. Food is adulterated within the meaning of 1,949
sections 3715.01, 3715.02, and 3715.52 to 3715.72, inclusive, of 1,951
the Revised Code, if:
(A) It bears or contains any poisonous or deleterious 1,953
substance which may render it injurious to health; but in case 1,954
the substance is not an added substance, such food shall not be 1,955
considered adulterated if the quantity of such substance in such 1,956
food does not ordinarily render it injurious to health.
39
(B) It bears or contains any added poisonous or added 1,958
deleterious substance which is unsafe within the meaning of 1,959
section 3715.62 of the Revised Code.
(C) It consists in whole or in part of a diseased, 1,961
contaminated, filthy, putrid, or decomposed substance, or if it 1,962
is otherwise unfit for food.
(D) It has been produced, processed, prepared, packed, or 1,964
held under insanitary conditions whereby it may have become 1,965
contaminated with filth, or whereby it may have been rendered 1,966
diseased, unwholesome, or injurious to health. 1,967
(E) It is the product of a diseased animal or an animal 1,969
which has died otherwise than by slaughter, or that has been fed 1,970
upon the uncooked offal from a slaughterhouse. 1,971
(F) Its container is composed, in whole or in part, of any 1,973
poisonous or deleterious substance which may render the contents 1,974
injurious to health.
(G) Any valuable constituent has been, in whole or in 1,976
part, omitted or abstracted therefrom. 1,977
(H) Any substance has been substituted wholly or in part 1,979
therefor.
(I) Damage or inferiority has been concealed in any 1,981
manner.
(J) Any substance has been added thereto or mixed or 1,983
packed therewith so as to increase its bulk or weight, or reduce 1,984
its quality or strength or make it appear better or of greater 1,985
value than it is.
(K) It is confectionery, and it bears or contains any 1,987
alcohol or nonnutritive article or substance except harmless 1,988
coloring, harmless flavoring, harmless resinous glaze not in 1,989
excess of four-tenths of one per cent, harmless natural wax not 1,990
in excess of four-tenths of one per cent, harmless natural gum,
and pectin; provided, that this division shall not apply to any 1,991
confectionery by reason of its containing less than one-half of 1,992
one per cent by volume of alcohol derived solely from the use of 1,993
40
flavoring extracts, or to any chewing gum by reason of its 1,994
containing harmless nonnutritive masticatory substances.
(L) It bears or contains a coal-tar color other than one 1,996
from a batch which has been certified under authority of the 1,997
"Federal Food, Drug and Cosmetic Act." 1,998
Sec. 3715.60. Food is misbranded within the meaning of 2,007
sections 3715.01, 3715.02, and 3715.52 to 3715.72, inclusive, of 2,009
the Revised Code, if: 2,010
(A) Its labeling is false or misleading in any particular. 2,012
(B) It is offered for sale under the name of another food. 2,014
(C) Its container is so made, formed, or filled as to be 2,016
misleading. 2,017
(D) It is an imitation of another food, unless its label 2,019
bears in type of uniform size and prominence, the word 2,020
"imitation," and immediately thereafter the name of the food 2,021
imitated. 2,022
(E) When it is in package form, it does not bear a label 2,024
containing: 2,025
(1) The name and place of business of the manufacturer, 2,027
packer, or distributor; 2,028
(2) An accurate statement of the quantity of the contents 2,030
in terms of weight, measure, or numerical count; provided, that 2,031
reasonable variations shall be permitted, and exemptions as to 2,032
small packages shall be established by regulations prescribed 2,033
RULES ADOPTED by the director of agriculture. 2,035
(F) Any word, statement, or other information required by 2,037
or under authority of sections 3715.01, 3715.02, and 3715.52 to 2,039
3715.72, inclusive, of the Revised Code, to appear on the label 2,040
or labeling is not prominently placed thereon with such 2,041
conspicuousness as compared with other words, statements, 2,042
designs, or devices, in the labeling, and in such terms as to 2,043
render it likely to be read and understood by the ordinary 2,044
individual under customary conditions of purchase and use. 2,045
(G) It purports to be, or is represented as, a food for 2,047
41
which a definition and standard of identity have been prescribed 2,048
by law STATUTE, or by any regulation promulgated RULE ADOPTED 2,050
under AN existing law STATUTE, or by regulations RULE as provided 2,051
by section 3715.58 3715.02 of the Revised Code, unless: 2,053
(1) It conforms to such definition and standard;. 2,055
(2) Its label bears the name of the food specified in the 2,057
definition and standard, and, insofar as may be required by such 2,058
law STATUTE or regulations RULES, the common names of optional 2,060
ingredients, other than spices, flavoring, and coloring, present 2,061
in such food.
(H) It purports to be or is represented as: 2,063
(1) A food for which a standard of quality has been 2,065
prescribed by regulations RULE as provided by section 3715.58 2,067
3715.02 of the Revised Code and its quality falls below such THE 2,068
standard unless its label bears, in such THE manner and form as 2,070
such regulations THAT THE RULES specify, a statement that it 2,072
falls below such THE standard;
(2) A food for which a standard or standards of fill of 2,074
container have been prescribed by regulations RULE as provided by 2,076
section 3715.58 3715.02 of the Revised Code, and it falls below 2,078
the standard of fill of container applicable thereto, unless its 2,079
label bears, in such THE manner and form as such regulations THAT 2,081
THE RULES specify, a statement that it falls below such THE 2,082
standard.
(I) It is not subject to the provisions of division (G) of 2,084
this section, unless it bears labeling clearly giving: 2,085
(1) The common or usual name of the food, if any; 2,087
(2) In case it is fabricated from two or more ingredients, 2,089
the common or usual name of each such ingredient; except that 2,090
spices, flavorings, and colorings, other than those sold as such, 2,091
may be designated as spices, flavorings, and colorings, without 2,092
naming each; provided, that, to the extent that compliance with 2,093
the requirements of division (I)(2) of this section is 2,094
impractical or results in deception or unfair competition, 2,095
42
exemptions shall be established by regulations promulgated RULES 2,096
ADOPTED by the director; and provided that these requirements 2,098
shall not apply to any carbonated beverage of which a full and 2,099
correct statement of the ingredients, to the extent prescribed by 2,100
division (I)(2) of this section, has been filed under oath with 2,101
the director.
(J) It purports to be or is represented to be for special 2,103
dietary uses, unless its label bears such information concerning 2,104
its vitamin, mineral, and other dietary properties as is provided 2,105
by regulations RULES proposed by the director and adopted by the 2,106
public health council, as necessary, in order to fully inform 2,108
purchasers as to its value for such uses. 2,109
(K) It bears or contains any artificial flavoring, 2,111
artificial coloring, or chemical preservative, unless it bears 2,112
labeling stating that fact; provided, that to the extent that 2,113
compliance with the requirements of this division is 2,114
impracticable, exemptions shall be established by regulations 2,115
RULES proposed by the director and adopted by the public health 2,116
council. 2,117
Sec. 3715.69. The authority to adopt regulations RULES for 2,126
the enforcement of section 3715.58 3715.02, divisions (E), (G), 2,129
(H), and (I) of section 3715.60, division (A) (2) of section 2,131
3715.64, and section 3715.67 of the Revised Code is vested in the 2,132
director of agriculture. The authority to adopt regulations
RULES for the enforcement of sections 3715.01 and 3715.52 to 2,134
3715.72, inclusive, of the Revised Code, excluding section 2,136
3715.58, divisions (E), (G), (H), and (I) of section 3715.60, 2,138
division (A) (2) of section 3715.64, and section 3715.67 of the 2,139
Revised Code, is vested in the public health council, provided
that such regulations THE RULES are first proposed for adoption 2,141
by the director or the board of pharmacy. The regulations RULES 2,143
adopted in so far as practicable shall conform with those 2,145
promulgated under the "Federal Food, Drug and Cosmetic Act," 52 2,146
STAT. 1040 (1938), 21 U.S.C.A. 301-395(1996)." 2,147
43
Sec. 3715.99. (A) Whoever violates sections 3715.13 to 2,156
3715.19, or 3715.38 of the Revised Code is guilty of a minor 2,158
misdemeanor.
(B) WHOEVER VIOLATES SECTION 3715.21 OF THE REVISED CODE 2,160
IS GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE ON A FIRST 2,161
OFFENSE AND A MISDEMEANOR OF THE FIRST DEGREE ON EACH SUBSEQUENT 2,162
OFFENSE.
(C) Whoever violates section 3715.22, 3715.25, 3715.26, 2,164
3715.27, or 3715.34 of the Revised Code is guilty of a 2,165
misdemeanor of the fourth degree. 2,166
(C)(D) Whoever violates section 3715.23 or 3715.36 of the 2,168
Revised Code is guilty of a misdemeanor of the second degree. 2,169
(D)(E) Whoever violates section 3715.52 or 3715.65 of the 2,171
Revised Code is guilty of a misdemeanor of the fourth degree on a 2,172
first offense; on each subsequent offense, the person is guilty 2,173
of a misdemeanor of the second degree. 2,174
(E)(F) Whoever violates section 3715.521 of the Revised 2,176
Code is guilty of a minor misdemeanor. A violation of that 2,178
section occurs on a daily basis, not according to the number of 2,179
times per day that an expired drug, baby food, or infant formula 2,180
is sold, offered for sale, or delivered at retail or to the 2,181
consumer. Each day of violation is a separate offense. 2,182
Sec. 3732.01. As used in this chapter: 2,191
(A) "Food service operation" means a place, location, 2,193
site, or separate area where food intended to be served in 2,194
individual portions is prepared or served for a charge or 2,195
required donation, including mobile food service operations, 2,196
catering food service operations, temporary food service 2,197
operations, seasonal food service operations, vending machine 2,198
locations, and food delivery sales operations. As used in this 2,200
division, "served" means a response made to an order for one or 2,201
more individual portions of food in a form that is edible without 2,202
washing, cooking, or additional preparation and "prepared" means 2,203
any action that affects a food other than receiving or 2,204
44
maintaining it at the temperature at which it was received.
"Food service operation" does not include any of the 2,206
following:
(1) A private home in which individuals related by blood, 2,208
marriage, or law reside and in which the food that is prepared or 2,209
served is intended only for those individuals and their nonpaying 2,210
guests; 2,211
(2) A residential facility that accommodates not more than 2,213
sixteen residents; is licensed, certified, registered, or 2,214
otherwise regulated by the federal government or by the state or 2,215
a political subdivision of the state; and prepares food for or 2,216
serves food to only the residents of the facility, the staff of 2,217
the facility, and any nonpaying guests of residents or staff; 2,218
(3) Churches, schools, fraternal or veterans' 2,220
organizations, volunteer fire organizations, or volunteer 2,221
emergency medical service organizations preparing or serving food 2,222
intended for individual portion service on their premises for not 2,223
more than seven consecutive days or not more than fifty-two 2,225
separate days during a licensing period; 2,226
(4) Common carriers regulated by the federal government; 2,228
(5) Food manufacturing or food processing operations 2,230
regulated by the federal government or a state agency, as defined 2,231
in section 1.60 of the Revised Code, other than the department of 2,232
health; 2,233
(6) Operations other than mobile food service operations 2,235
serving only frozen desserts; beverages, nuts, popcorn, candy, or 2,236
similar confections; bakery products identified in section 911.01 2,237
of the Revised Code; or any combination of these items; 2,238
(7) Operations serving five or fewer individuals daily; 2,240
(8) Type A and type B family day-care homes, as defined in 2,242
section 5104.01 of the Revised Code; 2,243
(9) Vending machine locations where the only vending 2,245
machines are machines that dispense foods exclusively from one or 2,246
both of the following categories: 2,247
45
(a) Prepackaged foods that are not potentially hazardous 2,249
as defined in rules adopted by the public health council under 2,250
section 3732.02 of the Revised Code; 2,251
(b) Nuts, panned or wrapped bulk chewing gum, or panned or 2,253
wrapped bulk candies. 2,254
(10) Places servicing vending machines at vending machine 2,256
locations described in division (A)(9) of this section; 2,257
(11) Commissaries servicing vending machines dispensing 2,259
only milk, milk products, or frozen desserts that are under a 2,260
state or federal inspection and analysis program; 2,261
(12) Controlled location vending machine locations. As 2,263
used in this division, "controlled location vending machine 2,264
location" means a vending machine location at which all of the 2,265
following apply: 2,266
(a) The vending machines dispense only foods that are not 2,268
potentially hazardous as defined in rules adopted by the public 2,269
health council under section 3732.02 of the Revised Code; 2,270
(b) The machines are designed to be filled and maintained 2,272
in a sanitary manner by untrained persons; 2,273
(c) Minimal protection is necessary to ensure against 2,275
contamination of food and equipment. 2,276
(B) "Catering food service operation" means a food service 2,278
operation where food is prepared for serving at a function or 2,279
event held at an off-premises site, for a charge determined on a 2,280
per-function or per-event basis. 2,281
(C) "Food" means any raw, cooked, or processed edible 2,283
substance, ice, water, beverage, or ingredient used or intended 2,284
for use in whole or in part for human consumption. 2,285
(D) "Food delivery sales operation" means a food service 2,287
operation from which individual portions of food are ordered by a 2,288
customer, prepared at another food service operation, and 2,289
delivered to the customer by a person other than an employee of 2,290
the food service operation that prepared the food. 2,291
(E) "Frozen desserts" has the same meaning as in section 2,293
46
3717.51 917.01 of the Revised Code. 2,294
(F) "Government entity" means the state, a political 2,296
subdivision of the state, another state, or a political 2,297
subdivision or other local body of another state. 2,298
(G) "Licensee" means the person or government entity 2,300
holding a license to operate a food service operation. 2,301
(H) "Licensing period" means the period beginning the 2,303
first day of March and ending the last day of February of the 2,304
next succeeding year. 2,305
(I) "Licensor" means either of the following: 2,307
(1) The board of health of a city or general health 2,309
district, or the authority having the duties of a board of health 2,310
under section 3709.05 of the Revised Code, approved by the 2,311
director of health under section 3732.09 of the Revised Code; 2,312
(2) The director of health acting pursuant to section 2,314
3732.09 of the Revised Code. 2,315
(J) "Mobile food service operation" means a food service 2,317
operation that is operated from a movable vehicle, portable 2,318
structure, or watercraft; routinely changes location; and does 2,319
not remain at any one location for more than forty consecutive 2,320
days. 2,321
(K) "Seasonal food service operation" means a food service 2,323
operation, other than a mobile food service operation, that is 2,324
operated for not more than eight months in each licensing period. 2,325
(L) "Temporary food service operation" means a food 2,327
service operation that is operated at a single event for not more 2,328
than five consecutive days, except when operated for more than 2,329
five days pursuant to division (E)(2) of section 3732.03 of the 2,330
Revised Code. 2,331
(M) "Vending machine" means a self-service device that, 2,333
upon insertion of currency, tokens, or similar means, 2,334
automatically dispenses a predetermined unit serving of food 2,335
either in bulk or in package and does not require replenishing 2,336
after each use. 2,337
47
(N) "Vending machine location" means an area or room where 2,339
one or more vending machines are installed and operated, except 2,340
that if the machines within an area are separated by more than 2,341
one hundred fifty feet, each area separated by that distance 2,342
constitutes a separate vending machine location. 2,343
Sec. 3732.07. (A) A licensee whose principal business is 2,353
a food service operation that includes the preparation and 2,354
complete baking of pizza is not required to register the 2,355
operation as a bakery under section 911.02 of the Revised Code. 2,356
(B) A licensee whose principal business is a food service 2,358
operation that includes the sale of frozen desserts is not 2,359
required to obtain a license under section 3717.52 3715.21 of the 2,361
Revised Code for the sale and manufacture OPERATION of ICE CREAM 2,362
FREEZERS FOR THE PURPOSE OF FREEZING, REFREEZING, OR HOLDING
FROZEN ANY frozen desserts TO BE SOLD AT RETAIL. 2,363
Sec. 4736.01. As used in sections 4736.01 to 4736.16 of 2,373
the Revised Code: 2,374
(A) "Environmental health science" means the aspect of 2,376
public health science that includes, but is not limited to, the 2,377
following bodies of knowledge: air quality, food quality and 2,378
protection, hazardous and toxic substances, consumer product 2,379
safety, housing, institutional health and safety, community noise 2,380
control, radiation protection, recreational facilities, solid and 2,381
liquid waste management, vector control, drinking water quality, 2,382
milk sanitation, and rabies control. 2,383
(B) "Sanitarian" means a person who performs for 2,385
compensation educational, investigational, technical, or 2,386
administrative duties requiring specialized knowledge and skills 2,387
in the field of environmental health science. 2,388
(C) "Registered sanitarian" means a person who is 2,390
registered as a sanitarian in accordance with Chapter 4736. of 2,391
the Revised Code. 2,392
(D) "Sanitarian-in-training" means a person who is 2,394
registered as a sanitarian-in-training in accordance with Chapter 2,395
48
4736. of the Revised Code. 2,396
(E) "Practice of environmental health" means consultation, 2,398
instruction, investigation, inspection, or evaluation by an 2,399
employee of a city health district, a general health district, 2,400
the Ohio environmental protection agency, the department of 2,401
health, or the department of agriculture requiring specialized 2,402
knowledge, training, and experience in the field of environmental 2,403
health science, with the primary purpose of improving or 2,404
conducting administration or enforcement under any of the 2,405
following: 2,406
(1) Chapter 911., 913., 917., 3717., 3721., 3732., or 2,408
3733. of the Revised Code; 2,409
(2) Chapter 3734. of the Revised Code as it pertains to 2,411
solid waste; 2,412
(3) Section 955.26, 3701.344, 3707.01, OR 3707.03, or 2,414
SECTIONS 3707.33 to 3707.99, OR SECTION 3715.21 of the Revised 2,416
Code;
(4) Rules adopted under section 3701.34 of the Revised 2,418
Code pertaining to home sewage, rabies control, or swimming 2,419
pools. 2,420
"Practice of environmental health" does not include 2,422
sampling, testing, controlling of vectors, reporting of 2,423
observations, or other duties that do not require application of 2,424
specialized knowledge and skills in environmental health science 2,425
performed under the supervision of a registered sanitarian. 2,426
The state board of sanitarian registration may further 2,428
define environmental health science in relation to specific 2,429
functions in the practice of environmental health through rules 2,430
adopted by the board under Chapter 119. of the Revised Code. 2,431
Sec. 4745.01. (A) "Standard renewal procedure," as used 2,441
in Chapters 905., 907., 909., 911., 913., 915., 917., 918., 921., 2,442
923., 927., 942., 943., 953., 1321., 3710., 3713., 3717 3715., 2,443
3719., 3731., 3742., 3748., 3769., 3783., 3905., 3921., 3951., 2,445
4104., 4105., 4143., 4169., 4561., 4701., 4703., 4707., 4709., 2,446
49
4713., 4715., 4717., 4723., 4725., 4727., 4728., 4729., 4731., 2,447
4733., 4734., 4735., 4739., 4741., 4747., 4749., 4753., 4755., 2,448
4757., 4759., 4761., 4766., and 4773. of the Revised Code, means 2,449
the license renewal procedures specified in this chapter. 2,450
(B) "Licensing agency," as used in this chapter, means any 2,452
department, division, board, section of a board, or other state 2,453
governmental unit subject to the standard renewal procedure, as 2,454
defined in this section, and authorized by the Revised Code to 2,455
issue a license to engage in a specific profession, occupation, 2,456
or occupational activity, or to have charge of and operate 2,457
certain specified equipment, machinery, or premises. 2,458
(C) "License," as used in this chapter, means a license, 2,460
certificate, permit, card, or other authority issued or conferred 2,461
by a licensing agency by authority of which the licensee has or 2,462
claims the privilege to engage in the profession, occupation, or 2,463
occupational activity, or to have control of and operate certain 2,464
specific equipment, machinery, or premises, over which the 2,465
licensing agency has jurisdiction. 2,466
(D) "Licensee," as used in this chapter, means either the 2,468
person to whom the license is issued or renewed by a licensing 2,469
agency, or the person, partnership, or corporation at whose 2,470
request the license is issued or renewed. 2,471
(E) "Renewal" and "renewed," as used in this chapter and 2,473
in the chapters of the Revised Code specified in division (A) of 2,474
this section, includes the continuing licensing procedure 2,475
provided in Chapter 3748. of the Revised Code and rules adopted 2,477
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 2,478
continuing licenses any reference in this chapter to the date of 2,479
expiration of any license shall be construed to mean the due date 2,480
of the annual or other fee for the continuing license. 2,481
Section 2. That existing sections 121.04, 901.08, 901.43, 2,483
911.02, 913.02, 913.23, 915.14, 915.24, 917.01, 917.08, 917.16, 2,485
917.99, 3707.33, 3707.34, 3715.02, 3715.25, 3715.59, 3715.60,
50
3715.69, 3715.99, 3732.01, 3732.07, 4736.01, and 4745.01 and 2,487
sections 917.02, 917.03, 917.04, 917.05, 917.06, 917.07, 917.09, 2,488
917.10, 917.11, 917.18, 917.19, 917.20, 917.21, 917.22, 917.23, 2,489
3715.24, 3715.26, 3715.27, 3715.58, 3717.01, 3717.02, 3717.021, 2,490
3717.03, 3717.06, 3717.07, 3717.08, 3717.09, 3717.10, 3717.11, 2,491
3717.12, 3717.13, 3717.16, 3717.17, 3717.18, 3717.20, 3717.21, 2,492
3717.24, 3717.25, 3717.26, 3717.27, 3717.28, 3717.29, 3717.30, 2,493
3717.31, 3717.32, 3717.33, 3717.34, 3717.35, 3717.37, 3717.40, 2,494
3717.41, 3717.42, 3717.43, 3717.45, 3717.47, 3717.48, 3717.49, 2,495
3717.50, 3717.51, 3717.52, 3717.53, 3717.54, 3717.55, 3717.61, 2,496
3717.611, 3717.62, 3717.63, 3717.64, 3717.65, 3717.66, 3717.67, 2,497
3717.68, 3717.69, and 3717.99 of the Revised Code are hereby 2,498
repealed.
Section 3. On the effective date of this act, all terms of 2,500
office of members of the Milk Sanitation Board created under 2,501
former section 3717.69 of the Revised Code shall expire. Not 2,502
later than thirty days after the effective date of this act, the 2,503
Director of Agriculture shall appoint new members to the Milk 2,504
Sanitation Board created under section 917.03 of the Revised Code
as provided by that section. 2,505
The Milk Sanitation Board created under section 917.03 of 2,507
the Revised Code is essentially a continuation of the Milk 2,508
Sanitation Board created under former section 3717.69 of the 2,509
Revised Code. If a person who is a member of the Milk Sanitation 2,510
Board created under former section 3717.69 of the Revised Code 2,511
meets the qualifications for membership on the Milk Sanitation 2,512
Board created under section 917.03 of the Revised Code, the 2,513
Director may reappoint the person as a member of the Milk 2,514
Sanitation Board created under section 917.03 of the Revised 2,515
Code.
Section 4. Chapters 901:3-9, 901:3-10, 901:3-11, 901:3-13, 2,517
901:3-15, 901:3-17, 901:3-19, 901:3-21, 901:3-23, 901:3-25, and 2,518
901:3-55 of the Ohio Administrative Code, to the extent that the 2,519
provisions of those chapters are not in conflict with Chapter 2,520
51
917. of the Revised Code, as amended by this act, shall remain in 2,522
effect as rules adopted under section 917.02 of the Revised Code, 2,523
as enacted by this act, until such time as those rules are duly 2,524
amended or rescinded under that section.
Section 5. Chapter 901:3-45 of the Ohio Administrative 2,526
Code, to the extent that the provisions of that chapter are not 2,527
in conflict with section 3715.25 of the Revised Code, as amended 2,528
by this act, shall remain in effect as rules adopted under 2,529
section 3715.02 of the Revised Code, as amended by this act, 2,530
until such time as those rules are duly amended or rescinded 2,531
under that section.
Section 6. Section 3715.02 of the Revised Code is 2,533
presented in this act as a composite of the section as amended by 2,534
both Am. Sub. H.B. 152 and Am. Sub. S.B. 134 of the 120th General 2,535
Assembly, with the new language of neither of the acts shown in 2,537
capital letters. This is in recognition of the principle stated 2,538
in division (B) of section 1.52 of the Revised Code that such 2,539
amendments are to be harmonized where not substantively 2,540
irreconcilable and constitutes a legislative finding that such is 2,541
the resulting version in effect prior to the effective date of 2,542
this act.