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.                                         

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
              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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
(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          

                                                          13     

                                                                 
      (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          

                                                          14     

                                                                 
      (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.