As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                          Am. Sub. S. B. No. 87  5            

      1997-1998                                                    6            


SENATORS WHITE-SCHAFRATH-DiDONATO-LATTA-McLIN-DRAKE-GAETH-LATELL-  8            

     CUPP-GARDNER-DIX-NEIN-KEARNS-BLESSING-CARNES-SCHAFRATH-       9            

    REPRESENTATIVES CORE-WESTON-HARRIS-METZGER-HAINES-VESPER-      10           

       OLMAN-BRADING-LEWIS-LOGAN-BOGGS-DAMSCHRODER-OPFER-          11           

         FORD-WINKLER-JONES-OGG-MYERS-ROBERTS-STAPLETON            12           


                                                                   14           

                           A   B I L L                                          

             To amend sections 121.04, 901.08, 901.43, 911.02,     16           

                913.02, 913.23, 915.14, 915.24, 917.01, 917.08,    17           

                917.16, 917.99, 3707.33, 3715.02, 3715.25,         18           

                3715.59, 3715.60, 3715.69, 3715.99, 3732.01,       19           

                3732.07, 4736.01, and 4745.01, to enact new        20           

                sections 917.02, 917.03, 917.04, 917.05, 917.06,                

                917.07, 917.09, 917.10, 917.11, 917.18, 917.19,    21           

                917.20, 917.21, 917.22, 917.23, 3715.24, and       22           

                3715.27 and sections 917.031, 917.032, 917.091,                 

                3715.21, and 3715.211 and to repeal sections       25           

                917.02, 917.03, 917.04, 917.05, 917.06, 917.07,    26           

                917.09, 917.10, 917.11, 917.18, 917.19, 917.20,                 

                917.21, 917.22, 917.23, 3707.34, 3715.24,          27           

                3715.26, 3715.27, 3715.58, 3717.01, 3717.02,                    

                3717.021, 3717.03, 3717.06, 3717.07, 3717.08,      29           

                3717.09, 3717.10, 3717.11, 3717.12, 3717.13,                    

                3717.16, 3717.17, 3717.18, 3717.20, 3717.21,       30           

                3717.24, 3717.25, 3717.26, 3717.27, 3717.28,       31           

                3717.29, 3717.30, 3717.31, 3717.32, 3717.33,       32           

                3717.34, 3717.35, 3717.37, 3717.40, 3717.41,                    

                3717.42, 3717.43, 3717.45, 3717.47, 3717.48,       33           

                3717.49, 3717.50, 3717.51, 3717.52, 3717.53,       34           

                3717.54, 3717.55, 3717.61, 3717.611, 3717.62,                   

                3717.63, 3717.64, 3717.65, 3717.66, 3717.67,       35           

                                                          2      

                                                                 
                3717.68, 3717.69, and 3717.99 of the Revised Code  36           

                to revise the law governing dairies, dairy         37           

                products, maple syrup, and cider.                               




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        39           

      Section 1.  That sections 121.04, 901.08, 901.43, 911.02,    41           

913.02, 913.23, 915.14, 915.24, 917.01, 917.08, 917.16, 917.99,    43           

3707.33, 3715.02, 3715.25, 3715.59, 3715.60, 3715.69, 3715.99,     44           

3732.01, 3732.07, 4736.01, and 4745.01 be amended and new          46           

sections 917.02, 917.03, 917.04, 917.05, 917.06, 917.07, 917.09,   47           

917.10, 917.11, 917.18, 917.19, 917.20, 917.21, 917.22, 917.23,    48           

3715.24, and 3715.27 and sections 917.031, 917.032, 917.091,       49           

3715.21, and 3715.211 of the Revised Code be enacted to read as                 

follows:                                                           50           

      Sec. 121.04.  Offices are created within the several         59           

departments as follows:                                            60           

      In the department of commerce:                               62           

              Commissioner of securities;                          64           

              Superintendent of real estate;                       65           

              Superintendent of financial institutions;            66           

              Fire marshal;                                        67           

              Beginning on July 1, 1997,                           68           

              Superintendent of liquor control;                    69           

              Superintendent of industrial compliance.             70           

      In the department of administrative services:                72           

              State architect and engineer;                        74           

              Equal employment opportunity coordinator.            75           

      In the department of agriculture:                            77           

         Chiefs of divisions as follows:                           79           

              Administration;                                      81           

              Animal industry;                                     82           

              Dairy marketing;                                     83           

              Food, dairies, and drugs SAFETY;                     84           

              Plant industry;                                      85           

                                                          3      

                                                                 
              Markets;                                             86           

              Meat inspections INSPECTION;                         87           

              Consumer analytical laboratories LABORATORY;         88           

              Amusement ride safety;                               89           

              Enforcement;                                         90           

              Weights and measures.                                91           

      In the department of natural resources:                      93           

         Chiefs of divisions as follows:                           95           

              Water;                                               97           

              Mines and Reclamation;                               98           

              Forestry;                                            99           

              Natural areas and preserves;                         100          

              Wildlife;                                            101          

              Geological survey;                                   102          

              Parks and recreation;                                103          

              Watercraft;                                          104          

              Oil and gas;                                         105          

              Recycling and litter prevention;                     106          

              Civilian conservation;                               107          

              Soil and water conservation;                         108          

              Real estate and land management;                     109          

              Engineering.                                         110          

      Until July 1, 1997, in the department of liquor control:     112          

         Chiefs of divisions as follows:                           114          

              Accounting and finance;                              116          

              Store management;                                    117          

              Personnel;                                           118          

              Beer.                                                119          

      In the department of insurance:                              121          

              Deputy superintendent of insurance;                  123          

              Assistant superintendent of insurance, technical;    124          

              Assistant superintendent of insurance,               125          

              administrative;                                      126          

              Assistant superintendent of insurance, research.     127          

                                                          4      

                                                                 
      Sec. 901.08.  The director of agriculture shall appoint a    137          

chief of the division of administration, a chief of the division   138          

of animal industry, a chief of the division of dairy marketing, a  139          

chief of the division of food, dairies, and drugs SAFETY, a chief  141          

of the division of markets, a chief of the division of plant       143          

industry, a chief of the division of weights and measures, a                    

chief of the division of meat inspections INSPECTION, a chief of   144          

the division of consumer analytical laboratories LABORATORY, a     146          

chief of the division of enforcement, and a chief of the division  148          

of amusement ride safety.                                                       

      Sec. 901.43.  (A)  The director of agriculture may           157          

authorize any department of agriculture laboratory to perform a    159          

laboratory service for any person, organization, political         161          

subdivision, STATE AGENCY, FEDERAL AGENCY, or other entity,        163          

whether public or private, AND MAY CHARGE A REASONABLE FEE FOR     165          

PERFORMANCE OF THE LABORATORY SERVICE.                             166          

      (B)  The director shall adopt and enforce rules to provide   169          

for the rendering of a laboratory service and MAY PUBLISH A LIST   170          

OF LABORATORY SERVICES OFFERED, TOGETHER WITH the fee for such     171          

EACH service, and to determine whether a fee is generated by a     174          

laboratory service related to the diseases of animals.                          

      (C)  The director may enter into a contract with any         176          

person, organization, political subdivision, STATE AGENCY,         178          

FEDERAL AGENCY, or other entity for the provision of a laboratory  180          

service.                                                                        

      (D)  No (1)  THE DIRECTOR MAY ADOPT RULES SPECIFYING WHAT    182          

CONSTITUTES AN OFFICIAL SAMPLE.                                    183          

      (2)  THE DIRECTOR SHALL NOT CHARGE A fee shall be charged    185          

for a laboratory service performed on an official sample           188          

acquired, BUT MAY CHARGE A FEE FOR ANY OTHER SAMPLE TAKEN OR       189          

LABORATORY SERVICE PERFORMED by the department to determine                     

compliance with a state law or a rule adopted by the director.     192          

      (E)(1)  THE DIRECTOR MAY ADOPT RULES ESTABLISHING STANDARDS  195          

FOR ACCREDITATION OF LABORATORIES AND LABORATORY SERVICES AND IN   196          

                                                          5      

                                                                 
DOING SO MAY ADOPT BY REFERENCE EXISTING OR RECOGNIZED STANDARDS   197          

OR PRACTICES.                                                                   

      (2)  THE DIRECTOR MAY INSPECT AND ACCREDIT LABORATORIES AND  200          

LABORATORY SERVICES, AND MAY CHARGE A REASONABLE FEE FOR THE       201          

INSPECTIONS AND ACCREDITATION.                                                  

      (F)(1)  All moneys collected by the director under this      204          

section that are from fees generated by a laboratory service       205          

PERFORMED BY THE DEPARTMENT AND related to the diseases of                      

animals, AND ALL MONEYS SO COLLECTED THAT ARE FROM FEES GENERATED  206          

FOR THE INSPECTION AND ACCREDITATION OF LABORATORIES AND           207          

LABORATORY SERVICES RELATED TO THE DISEASES OF ANIMALS, shall be   208          

deposited in the animal industry laboratory fund, which is hereby  209          

created in the state treasury.  The director shall use the moneys  210          

in the animal industry laboratory fund to purchase supplies and    211          

equipment for the laboratory that provides laboratory services     212          

related to the diseases of animals.  All other                     213          

      (2)  ALL moneys collected BY THE DIRECTOR under this         216          

section THAT ARE FROM FEES GENERATED BY A LABORATORY SERVICE       217          

PERFORMED BY THE CONSUMER ANALYTICAL LABORATORY, AND ALL MONEYS    218          

SO COLLECTED THAT ARE FROM FEES GENERATED FOR THE INSPECTION AND                

ACCREDITATION OF LABORATORIES AND LABORATORY SERVICES NOT RELATED  219          

TO WEIGHTS AND MEASURES OR THE DISEASES OF ANIMALS, shall be       221          

remitted to the treasurer of state for deposit DEPOSITED in the    222          

general revenue LABORATORY SERVICES fund, WHICH IS HEREBY CREATED  224          

IN THE STATE TREASURY.  THE MONEYS HELD IN THE FUND MAY BE USED    225          

TO PAY THE EXPENSES NECESSARY TO OPERATE THE CONSUMER ANALYTICAL   226          

LABORATORY, INCLUDING THE PURCHASE OF SUPPLIES AND EQUIPMENT.      227          

      (3)  ALL MONEYS COLLECTED BY THE DIRECTOR UNDER THIS         229          

SECTION THAT ARE FROM FEES GENERATED BY A LABORATORY SERVICE       230          

PERFORMED BY THE WEIGHTS AND MEASURES LABORATORY, AND ALL MONEYS   231          

SO COLLECTED THAT ARE FROM FEES GENERATED FOR THE INSPECTION AND   232          

ACCREDITATION OF LABORATORIES AND LABORATORY SERVICES RELATED TO   233          

WEIGHTS AND MEASURES, SHALL BE DEPOSITED IN THE WEIGHTS AND        234          

MEASURES LABORATORY FUND, WHICH IS HEREBY CREATED IN THE STATE     235          

                                                          6      

                                                                 
TREASURY.  THE MONEYS HELD IN THE FUND MAY BE USED TO PAY THE      236          

EXPENSES NECESSARY TO OPERATE THE DIVISION OF WEIGHTS AND          237          

MEASURES, INCLUDING THE PURCHASE OF SUPPLIES AND EQUIPMENT.        238          

      Sec. 911.02.  Except as provided in division (A) of section  247          

3732.07 of the Revised Code, each person, firm, partnership, or    248          

corporation which THAT owns or operates a bakery shall register    249          

each bakery which THAT it owns or operates with the director of    251          

agriculture.  For such THE registration, the owner or operator of  253          

each bakery shall pay an annual fee of thirty dollars for a        254          

production capacity of one thousand pounds of bakery product per   255          

hour or less and an annual fee of thirty dollars for each one      256          

thousand pounds of bakery product per hour capacity, or part       257          

thereof, in excess of one thousand pounds of bakery product per    258          

hour.                                                              259          

      Any person who owns or operates a home bakery with only one  261          

oven, in a stove of ordinary home kitchen design and located in a  262          

home, used for the baking of baked goods to be sold, shall pay a   263          

sum of ten dollars annually for registration regardless of the     264          

capacity of such THE home bakery oven.  Each such THE              266          

registration shall be renewed annually by the thirtieth day of     267          

September and shall be renewed according to the standard renewal   268          

procedure of Chapter 4745. of the Revised Code.  The registration  270          

of the bakery shall show the location, including municipal         271          

corporation, street, and number, the name of the owner, and the    272          

name of the operator.  The application for registration shall be   273          

made on a form prescribed and provided by the director.  All       274          

moneys received from registration fees and fines collected under   275          

sections 911.01 to 911.20 of the Revised Code shall be deposited   276          

with the treasurer of state to the credit of the food, dairies,    277          

and drugs SAFETY fund created in section 915.24 of the Revised     278          

Code.  All annual renewal registration fees required by this       279          

section shall be paid by the applicant for such THE renewal to     280          

the treasurer of state for deposit into the food, dairies, and     282          

drug SAFETY fund.                                                  283          

                                                          7      

                                                                 
      No bakery product that is manufactured in an out-of-state    285          

bakery shall be sold or offered for sale within this state unless  286          

such THE bakery is in compliance with sections 911.01 to 911.20    287          

of the Revised Code, and is registered, having paid the annual     289          

registration fee.                                                  290          

      Registration of out-of-state bakeries is not required if a   292          

reciprocal agreement is in effect whereby a bakery located in      293          

this state is not subject to a license or registration fee by the  294          

receiving state or a political subdivision thereof.                295          

      Sec. 913.02.  No person, firm, or corporation shall engage   304          

in the business of operating a cannery without obtaining a         305          

license for the operation of each cannery from the director of     306          

agriculture.                                                       307          

      In order to obtain a license, an application shall be made   309          

on a form prescribed by the director and shall be accompanied by   310          

a fee of one hundred dollars.  The director shall thereupon cause  311          

an investigation to be made.  If the applicant is supplied with    312          

the facilities necessary for complying with sections 913.01 to     313          

913.05 of the Revised Code and rules adopted under them, a         314          

license shall be issued and shall be effective until the           315          

thirtieth day of June, and shall become invalid on that date       316          

unless renewed.  The fee for each renewal is one hundred dollars.  317          

License fees and renewal fees shall be deposited to the credit of  318          

the food, dairies, and drugs SAFETY fund created in section        319          

915.24 of the Revised Code.                                        321          

      The director may suspend or revoke any license for failure   323          

to comply with sections 913.01 to 913.05 of the Revised Code, or   324          

any rule or order adopted under those sections.  In such event,    325          

the cannery immediately shall cease operation.                     326          

      Sec. 913.23.  (A)  The director of agriculture may issue     335          

licenses as required by sections 913.22 to 913.28 of the Revised   336          

Code, may make the inspections and registrations required by such  337          

THOSE sections, and may prescribe the form of application to be    339          

filed under this section.                                          340          

                                                          8      

                                                                 
      (B)  No person shall manufacture or bottle for sale within   342          

this state any soft drink in closed containers unless he THE       343          

PERSON has a license issued by the director.  Upon receipt of an   345          

application for such a license, the director shall examine the     346          

products and the place of manufacture where the business is to be  347          

conducted, to determine whether the products and place comply      348          

with sections 913.22 to 913.28 of the Revised Code.  Upon finding  349          

there is compliance, and upon payment of a license fee of one      350          

hundred dollars, the director shall issue a license authorizing    351          

the applicant to manufacture or bottle for sale such soft drinks,  352          

subject to sections 913.22 to 913.28 of the Revised Code.  Such    353          

THE license shall expire on the last day of March of each year     355          

unless renewed.                                                    356          

      (C)  No soft drink that is manufactured or bottled out of    358          

the state shall be sold or offered for sale within this state      359          

unless the soft drink and the plant in which the soft drink is     360          

bottled are found by the director to comply with sections 913.22   361          

to 913.28 of the Revised Code, and is registered by him THE        362          

DIRECTOR, which shall be upon a like application as provided in    364          

division (B) of this section.                                      365          

      An annual registration fee of one hundred dollars shall be   367          

paid to the director by each applicant under this division.  Such  368          

THE registration shall be renewed annually, and the registration   370          

fee paid with the application for annual renewal.                  371          

      Registration of out-of-state soft drink manufacturers or     373          

syrup and extract manufacturers is not required if a reciprocal    374          

agreement is in effect whereby a soft drink manufacturer or syrup  375          

and extract manufacturer located in this state is not subject to   376          

a license or registration fee by another state or a political      377          

subdivision thereof.                                               378          

      (D)  No person, other than a manufacturer holding a soft     380          

drink plant license under this section, shall sell, offer for      381          

sale, use, or have in his THE PERSON'S possession with intent to   382          

sell, any soda water syrup or extract or soft drink syrup, to be   384          

                                                          9      

                                                                 
used in making, drawing, or dispensing soda water or other soft    385          

drinks, without first registering his THE PERSON'S name and        386          

address, the name and address of the manufacturer of the syrup or  388          

extract, the number and variety of such syrups or extracts         389          

intended to be sold, and the trade name or brand of those          390          

products, with the director, together with such samples of the     391          

same SYRUPS OR EXTRACTS as the director requests for analysis.     393          

Such THE person also shall pay to the department of agriculture    395          

at the time of making registration a license fee of fifty          396          

dollars.  No license shall be granted by the director unless he    397          

THE DIRECTOR determines that the syrup or extract is free from     398          

all harmful drugs and other ingredients which THAT, as used, may   399          

be injurious to health.  Said THE registration shall be renewed    400          

annually upon like terms.  If any manufacturer, agent, or seller   402          

is licensed or has registered his THE MANUFACTURER'S, AGENT'S, OR  403          

SELLER'S name and his product as required by this section and has  405          

paid his THE MANUFACTURER'S, AGENT'S, OR SELLER'S fee, his THE     406          

MANUFACTURER'S, AGENT'S, OR SELLER'S distributor, retail agent,    408          

or retail seller using said THE products shall not be required to  410          

pay that fee.  This section does not apply to local sellers of                  

soft drinks as to syrups and extracts made by themselves for       411          

their own use exclusively.                                         412          

      (E)  All moneys received under sections 913.22 to 913.28 of  414          

the Revised Code shall be deposited with the treasurer of state    415          

to the credit of the food, dairies, and drugs SAFETY fund created  417          

in section 915.24 of the Revised Code.                             418          

      (F)  The director may revoke any license or registration     420          

issued under sections 913.22 to 913.28 of the Revised Code,        421          

whenever he THE DIRECTOR determines that such THOSE sections have  423          

been violated. When a license has been revoked, the licensee       424          

shall discontinue the manufacture and sale of soft drinks or       425          

other products for which the license was issued.  When a           426          

registration has been revoked, the registrant shall discontinue    427          

the sale within this state of his THE REGISTRANT'S products until  428          

                                                          10     

                                                                 
those sections have been complied with and a new license or        430          

registration has been issued.  The director may suspend any such   431          

license or registration temporarily, pending compliance with such  432          

conditions required by such THOSE sections as he THE DIRECTOR      433          

prescribes.                                                                     

      Sec. 915.14.  As used in sections 915.14 to 915.24 of the    442          

Revised Code, unless the context otherwise requires:               443          

      (A)  "Food" means all articles used by humans for food,      445          

drink, ice, confectionery, or condiment, whether simple, mixed,    446          

or compound, and any substance used as a constituent in the        447          

manufacture thereof.                                               448          

      (B)  "Establishment" means any business location or          450          

building of which any of the following facilities or operations    451          

are a part:  a frozen food manufacturing facility,                 452          

slaughterhouse, locker room, locker, chill room, sharp freezing    453          

room and facilities, or sharp freezing cabinet.                    454          

      (C)  "Slaughterhouse" means a room or space used to butcher  456          

animals for sharp freezing.                                        457          

      (D)  "Locker room" means any room in an establishment in     459          

which lockers are located and in which space may be provided for   460          

the storage of frozen food belonging to and for sale by the        461          

operator to the public.                                            462          

      (E)  "Locker" means the individual section or compartment,   464          

provided with a lock, of a capacity not to exceed twenty-five      465          

cubic feet, in the locker room of an establishment, which is       466          

rented by a person, firm, or corporation for the purpose of        467          

storing frozen food for its use.                                   468          

      (F)  "Chill room" means a room or space in an establishment  470          

used for the purpose of chilling food in preparation for           471          

processing for sharp freezing.                                     472          

      (G)  "Sharp freezing" means the reducing of every portion    474          

of food placed in a sharp freezer facility to a temperature of     475          

ten degrees Fahrenheit or less in five hours or less.              476          

      (H)  "Sharp freezing room," "sharp freezing cabinet," or     478          

                                                          11     

                                                                 
"other sharp freezing facilities" means any location, space, or    479          

facility in an establishment used for the sharp freezing of food   480          

for storage or eventual sale.                                      481          

      (I)  "Operator" means any person, firm, or corporation       483          

operating or maintaining an establishment.                         484          

      (J)  "Frozen food manufacturing facility" means a room or    486          

space in an establishment used to freeze food, other than frozen   487          

desserts as defined in section 3717.51 917.01 of the Revised       488          

Code, for eventual sale in a frozen state.                         490          

      Sec. 915.24.  (A)  There is hereby created in the state      499          

treasury the food, dairies, and drugs SAFETY fund.  All of the     500          

following moneys shall be credited to the fund:                    502          

      (1)  Bakery registration fees and fines received under       504          

sections 911.02 to 911.20 of the Revised Code REVISED CODE;        506          

      (2)  Cannery license fees and renewal fees received under    508          

sections 913.01 to 913.05 of the Revised Code;                     509          

      (3)  Moneys received under sections 913.22 to 913.28 of the  511          

Revised Code;                                                      512          

      (4)  License fees, fines, and penalties recovered for the    514          

violation of sections 915.01 to 915.12 of the Revised Code;        515          

      (5)  License fees collected under sections 915.14 to 915.23  517          

AND UNDER SECTION 3715.21 of the Revised Code;                     519          

      (6)  Moneys received in accordance with section 917.23 of    521          

the Revised Code.                                                  522          

      (B)  The director of agriculture shall use the moneys        524          

deposited into the food, dairies, and drugs SAFETY fund to         525          

administer and enforce the laws pursuant to which the moneys were  527          

collected.                                                                      

      Sec. 917.01.  As used in sections 917.01 to 917.23,          536          

inclusive, of the Revised Code THIS CHAPTER:                       538          

      (A)  "Person" means any natural individual, GOVERNMENT       540          

AGENCY, POLITICAL SUBDIVISION, partnership, corporation,           541          

affiliated AFFILIATE or subsidiary of a corporation, association,  543          

CO-OPERATIVE ASSOCIATION, or other business unit.                  544          

                                                          12     

                                                                 
      (B)  "Co-operative Association ASSOCIATION" means any        546          

association organized under sections 1729.01 to 1729.27,           548          

inclusive, of the Revised Code, or under the federal law known as  550          

the Capper-Volstead act "CO-OPERATIVE MARKETING ASSOCIATIONS       551          

(CAPPER-VOLSTEAD) ACT," 7 U.S.C. 291, 292 (1980), as amended, and  553          

qualified to do business in Ohio, if the director OF AGRICULTURE   554          

finds such THE association has, in good faith, its entire          555          

activities under the control of its members and has been and is    556          

exercising full authority in the sale of milk or cream for its                  

members.                                                           557          

      (C)  "Market Area AREA" means any area which THAT the        560          

director finds is a natural marketing area and designates as       562          

such.                                                                           

      (D)  "Handling" means the purchase, receipt on consignment   564          

or agency contract, or acquiring of milk or cream from the         566          

producer thereof or organizations of producers for the purpose of  567          

bottling, selling, processing, jobbing, or distributing the same.  568          

      (E)  "Dealer" includes every OR "MILK DEALER" MEANS A        570          

person who handles PURCHASES OR RECEIVES milk or cream FROM A      572          

PRODUCER for the purpose of bottling, PACKAGING, selling,          574          

processing, jobbing, BROKERING, or distributing the same MILK      575          

except where such THE milk or cream is disposed of in the same     577          

container in which it is received, without removal from such THE   579          

container and without processing in any way except by necessary    581          

refrigeration.  Any person who buys and distributes milk in        582          

containers under his THE PERSON'S own label is a dealer.                        

      (E)  "IMITATION" MEANS IMITATION AS DESCRIBED IN 21 C.F.R.   586          

101.3, AS AMENDED.                                                 587          

      (F)  "MILK" MEANS THE LACTEAL SECRETION, SUBSTANTIALLY FREE  590          

FROM COLOSTRUM, OBTAINED BY THE COMPLETE MILKING OF ONE OR MORE    591          

HEALTHY COWS, GOATS, SHEEP, OR OTHER ANIMALS AND INTENDED FOR      592          

EITHER OF THE FOLLOWING PURPOSES:                                  593          

      (1)  TO BE SOLD FOR HUMAN CONSUMPTION OR FOR USE IN DAIRY    596          

PRODUCTS;                                                                       

                                                          13     

                                                                 
      (2)  TO BE USED FOR HUMAN CONSUMPTION OR FOR USE IN DAIRY    599          

PRODUCTS ON THE PREMISES OF A GOVERNMENTAL AGENCY OR INSTITUTION.  600          

      "MILK" DOES NOT INCLUDE A BLEND OF THE LACTEAL SECRETIONS    602          

OF DIFFERENT SPECIES.                                              603          

      (G)  "GRADE A MILK" MEANS MILK PRODUCED BY A PERSON HOLDING  607          

A VALID PRODUCER LICENSE OF THE GRADE A MILK CATEGORY ISSUED       608          

PURSUANT TO SECTION 917.09 OF THE REVISED CODE.                    611          

      (H)  "MANUFACTURE MILK" MEANS MILK PRODUCED BY A PERSON      614          

HOLDING A VALID PRODUCER LICENSE OF THE MANUFACTURE MILK CATEGORY  615          

ISSUED PURSUANT TO SECTION 917.09 OF THE REVISED CODE.             617          

      (I)  "PRODUCER" OR "MILK PRODUCER" MEANS A GRADE A MILK      620          

PRODUCER OR A MANUFACTURE MILK PRODUCER.                           621          

      (J)  "GRADE A MILK PRODUCER" MEANS A PERSON LOCATED IN THIS  625          

STATE WHO SELLS OR OFFERS FOR SALE GRADE A MILK OBTAINED FROM A    626          

COW, GOAT, SHEEP, OR OTHER ANIMAL THAT THE PERSON OWNS OR          627          

CONTROLS.                                                          628          

      (K)  "MANUFACTURE MILK PRODUCER" MEANS A PERSON LOCATED IN   631          

THIS STATE WHO SELLS OR OFFERS FOR SALE MANUFACTURE MILK OBTAINED  632          

FROM A COW, GOAT, SHEEP, OR OTHER ANIMAL THAT THE PERSON OWNS OR   633          

CONTROLS.                                                                       

      (L)  "GRADE A MILK PRODUCTS" MEANS PRODUCTS DERIVED FROM     637          

GRADE A MILK AND HAVING THE STANDARD OF IDENTITY, QUALITY,         638          

STRENGTH, PURITY, GRADE, AND, IF ADDED, PERMITTED OPTIONAL         639          

INGREDIENTS FOUND IN THE STANDARDS OF IDENTITY ESTABLISHED FOR     640          

THE PRODUCTS IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION        641          

917.02 OR 3715.02 OF THE REVISED CODE, AND INCLUDES:               643          

      (1)  COTTAGE CHEESE;                                         645          

      (2)  RAW, PASTEURIZED, OR ASEPTICALLY PROCESSED PRODUCTS     648          

DERIVED FROM MILK AND DESCRIBED IN EITHER OF THE FOLLOWING:                     

      (a)  THE MOST RECENT PUBLISHED RECOMMENDATIONS OF THE FOOD   651          

AND DRUG ADMINISTRATION, PUBLIC HEALTH SERVICE, UNITED STATES      653          

DEPARTMENT OF HEALTH AND HUMAN SERVICES;                           654          

      (b)  RULES ADOPTED BY THE DIRECTOR.                          657          

      (M)  "MANUFACTURED MILK PRODUCTS" MEANS ALL PRODUCTS, OTHER  660          

                                                          14     

                                                                 
THAN RAW MILK FOR SALE TO THE ULTIMATE CONSUMER AND GRADE A MILK   661          

PRODUCTS, THAT ARE DERIVED FROM MILK AND ARE FOR HUMAN             662          

CONSUMPTION, INCLUDING:                                                         

      (1)  BUTTER;                                                 664          

      (2)  NATURAL OR PROCESSED CHEESE;                            666          

      (3)  EVAPORATED, CONDENSED, AND DRY PRODUCTS;                668          

      (4)  FROZEN DESSERTS;                                        670          

      (5)  SUCH OTHER PRODUCTS DERIVED FROM MILK AS THE DIRECTOR   672          

MAY SPECIFY BY RULE THAT HAVE THE STANDARD OF IDENTITY, QUALITY,   673          

STRENGTH, PURITY, GRADE, AND, IF ADDED, PERMITTED OPTIONAL         674          

INGREDIENTS FOUND IN THE STANDARDS OF IDENTITY ESTABLISHED FOR     675          

THE PRODUCT IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION 917.02  676          

OR 3715.02 OF THE REVISED CODE.                                    678          

      (N)  "DAIRY PRODUCTS" MEANS MILK, RAW MILK FOR SALE TO THE   681          

ULTIMATE CONSUMER, GRADE A MILK PRODUCTS, AND MANUFACTURED MILK    683          

PRODUCTS.                                                                       

      (O)  "FROZEN DESSERTS" MEANS FROZEN DESSERTS, INCLUDING THE  686          

MIXES, DESCRIBED IN 21 C.F.R. 135, AS AMENDED, UNLESS OTHERWISE    688          

SPECIFIED BY THE DIRECTOR BY RULE.                                 689          

      (P)  "MILK PLANT" MEANS A GRADE A MILK PLANT OR MANUFACTURE  693          

MILK PLANT.                                                                     

      (Q)  "GRADE A MILK PLANT" MEANS A PLACE, INCLUDING A         697          

GOVERNMENTAL OPERATION, WHERE GRADE A MILK OR A GRADE A MILK       699          

PRODUCT IS COLLECTED, HANDLED, CONTROLLED, PROCESSED, STORED,      700          

PASTEURIZED, ULTRA-PASTEURIZED, REPASTEURIZED, ASEPTICALLY         701          

PROCESSED, BOTTLED, OR PREPARED FOR DISTRIBUTION, BUT DOES NOT     702          

INCLUDE A PLACE WHERE A GRADE A MILK PRODUCT IS PURCHASED IN       703          

PACKAGED FORM AND IS STORED AND HANDLED FOR THE SOLE PURPOSE OF    704          

SALE TO THE ULTIMATE CONSUMER.                                                  

      (R)  "MANUFACTURE MILK PLANT" MEANS A PLACE, INCLUDING A     707          

GOVERNMENTAL OPERATION, WHERE MANUFACTURE MILK OR A MANUFACTURED   708          

MILK PRODUCT IS COLLECTED, HANDLED, CONTROLLED, MANUFACTURED,      709          

PROCESSED, STORED, PASTEURIZED, ULTRA-PASTEURIZED, REPASTEURIZED,  710          

COMMERCIALLY STERILIZED, ASEPTICALLY PROCESSED, BOTTLED, OR        711          

                                                          15     

                                                                 
PREPARED FOR DISTRIBUTION, BUT DOES NOT INCLUDE A PLACE WHERE A    712          

MANUFACTURED MILK PRODUCT IS PURCHASED IN PACKAGED FORM AND IS     713          

STORED AND HANDLED FOR THE SOLE PURPOSE OF SALE TO THE ULTIMATE    714          

CONSUMER.                                                          715          

      (S)  "RAW MILK FOR SALE TO THE ULTIMATE CONSUMER" MEANS THE  718          

RAW MILK SOLD OR OFFERED FOR SALE BY A RAW MILK RETAILER.          719          

      (T)  "RAW MILK RETAILER" MEANS A PERSON WHO, PRIOR TO        723          

OCTOBER 31, 1965, WAS ENGAGED CONTINUOUSLY IN THE BUSINESS OF      724          

SELLING OR OFFERING FOR SALE RAW MILK DIRECTLY TO ULTIMATE         725          

CONSUMERS.                                                                      

      (U)  "PROCESSOR" OR "MILK PROCESSOR" MEANS A GRADE A MILK    728          

PROCESSOR OR A MANUFACTURE MILK PROCESSOR.                         729          

      (V)  "GRADE A MILK PROCESSOR" MEANS A PERSON WHO OPERATES    733          

OR CONTROLS A MILK PLANT THAT IS LOCATED IN THIS STATE OR FROM     734          

WHICH GRADE A MILK OR GRADE A MILK PRODUCTS ARE SOLD OR OFFERED    737          

FOR SALE FOR HUMAN CONSUMPTION.                                                 

      (W)  "MANUFACTURE MILK PROCESSOR" MEANS ANY PERSON WHO       739          

OPERATES OR CONTROLS A MANUFACTURE MILK PLANT THAT IS LOCATED IN   740          

THIS STATE OR FROM WHICH MANUFACTURE MILK OR MANUFACTURED MILK     741          

PRODUCTS ARE SOLD OR OFFERED FOR SALE FOR HUMAN CONSUMPTION.       742          

      (X)  "WEIGHER, SAMPLER, OR TESTER" MEANS A PERSON WHO, IN    745          

ORDER TO DETERMINE VOLUME, WEIGHT, OR COMPOSITION FOR THE PURPOSE  746          

OF DETERMINING PRICE, WEIGHS, TESTS, OR SAMPLES EITHER OF THE      747          

FOLLOWING:                                                                      

      (1)  MILK AT A DAIRY FARM;                                   749          

      (2)  MILK OR CREAM PURCHASED BY A DEALER FROM A MILK         751          

PRODUCER OR CO-OPERATIVE ASSOCIATION.                              752          

      (Y)  "HAULER" OR "MILK HAULER" MEANS A PERSON WHO OWNS OR    755          

LEASES A VEHICLE OR CONVEYANCE USED TO TRANSPORT RAW MILK, BUT     756          

DOES NOT INCLUDE A PRODUCER TRANSPORTING RAW MILK THAT THE         757          

PRODUCER HAS PRODUCED.                                             758          

      (Z)  "LICENSE" MEANS A LICENSE ISSUED UNDER SECTION 917.09   761          

OF THE REVISED CODE AND INCLUDES A REGISTRATION ISSUED UNDER       763          

DIVISION (I) OF THAT SECTION.                                      764          

                                                          16     

                                                                 
      Sec. 917.02.  THE DIRECTOR OF AGRICULTURE MAY DO ANY OF THE  767          

FOLLOWING:                                                                      

      (A)  ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE      771          

REVISED CODE REGULATING ALL OF THE FOLLOWING:                      773          

      (1)  THE SANITARY PRODUCTION, STORAGE, TRANSPORTATION,       775          

MANUFACTURING, HANDLING, PROCESSING, SAMPLING, TESTING,            776          

EXAMINATION, AND SALE OF DAIRY PRODUCTS;                           777          

      (2)  THE SUSPENSION AND REVOCATION OF LICENSES ISSUED UNDER  779          

SECTION 917.09 OF THE REVISED CODE, PROVIDED THAT THE RULES ARE    781          

IN ACCORDANCE WITH AND DO NOT CONFLICT WITH SECTION 917.22 OF THE  782          

REVISED CODE;                                                      783          

      (3) TERMS AND RENEWAL PERIODS, REGISTRATION REQUIREMENTS,    785          

CATEGORIES, AND FEES FOR LICENSES ISSUED UNDER SECTION 917.09 OF   786          

THE REVISED CODE, EXCEPT THAT THE FEE FOR A PRODUCER'S LICENSE     789          

SHALL NOT EXCEED FIFTEEN DOLLARS;                                               

      (4)  EXAMINATIONS THAT MUST BE PASSED PRIOR TO ISSUANCE OF   791          

A WEIGHER, SAMPLER, OR TESTER LICENSE AND INSPECTIONS THAT MUST    792          

BE PASSED PRIOR TO ISSUANCE OF ANY OTHER TYPE OF LICENSE ISSUED    793          

UNDER SECTION 917.09 OF THE REVISED CODE;                          794          

      (5)  PROCEDURES FOR ISSUING AND RENEWING LICENSES UNDER      796          

SECTION 917.09 OF THE REVISED CODE;                                798          

      (6)  INFORMATION THAT AN APPLICANT FOR A LICENSE ISSUED      800          

UNDER SECTION 917.09 OF THE REVISED CODE IS REQUIRED TO PROVIDE    802          

ON THE APPLICATION FOR LICENSURE;                                  803          

      (7)  STANDARDS FOR EQUIPMENT OR MATERIALS USED FOR THE       805          

PRODUCTION, PROCESSING, AND HANDLING OF DAIRY PRODUCTS;            806          

      (8)  RECORDS TO BE KEPT BY PERSONS HOLDING A LICENSE ISSUED  808          

UNDER THIS CHAPTER AND THE INSPECTION AND AUDITING OF BOOKS AND    810          

RECORDS OF THOSE PERSONS;                                                       

      (9)  SECURITY ARRANGEMENTS AND EVIDENCE OF FINANCIAL         812          

RESPONSIBILITY FOR MILK DEALERS, TO ENSURE PROMPT PAYMENT TO MILK  814          

PRODUCERS;                                                                      

      (10)  STANDARDS OF IDENTITY, QUALITY, STRENGTH, PURITY,      816          

GRADING, AND LABELING OF DAIRY PRODUCTS;                           817          

                                                          17     

                                                                 
      (11)  THE PRODUCTION, PROCESSING, AND HANDLING OF DAIRY      819          

PRODUCTS AND THE PROMPT AND ACCURATE PAYMENT FOR MILK AND CREAM    820          

BY MILK DEALERS, BUT NOT THE ESTABLISHMENT OR CONTROL OF THE       821          

PRICE OF MILK AND CREAM;                                           822          

      (12)  CRITERIA FOR THE EQUIPMENT, METHODS, OR MATERIALS TO   824          

BE USED IN PERFORMING WEIGHING, VOLUMETRIC MEASURING, SAMPLING,    825          

AND TESTING OF MILK AND ITS COMPONENTS WHEN SUCH AN OPERATION IS   826          

USED AS THE BASIS FOR DETERMINING PAYMENT FOR MILK DELIVERED TO    827          

OR PURCHASED BY DEALERS;                                                        

      (13)  THE SIZE AND PLACEMENT OF LABELS AND OF WORDS ON       829          

LABELS REQUIRED BY SECTION 917.04 OF THE REVISED CODE TO BE        832          

PLACED ON FINAL DELIVERY CONTAINERS USED FOR THE SALE OF RAW MILK  833          

TO ULTIMATE CONSUMERS.                                             834          

      THE DIRECTOR SHALL HAVE EXCLUSIVE AUTHORITY TO ADMINISTER    836          

AND ENFORCE RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION.      838          

      (B)  ENTER INTO, WITH THE APPROVAL OF THE MILK SANITATION    841          

BOARD, AN AGREEMENT WITH A PUBLIC OR PRIVATE ENTITY THAT THE       842          

DIRECTOR DETERMINES IS PROPERLY QUALIFIED FOR THE PERFORMANCE OF   843          

ANY OF THE INSPECTIONS AND ANALYSES REQUIRED BY THIS CHAPTER;      845          

      (C)  ADOPT RULES BY REFERENCE TO ALL OR ANY PART OF THE      848          

FOLLOWING RECOMMENDATIONS:                                         849          

      (1)  THE GRADE A PASTEURIZED MILK ORDINANCE, AS AMENDED,     852          

AND THE "GRADE A CONDENSED AND DRY MILK PRODUCTS AND CONDENSED     854          

AND DRY WHEY" SUPPLEMENT I TO THE GRADE A PASTEURIZED MILK         856          

ORDINANCE OF THE FOOD AND DRUG ADMINISTRATION, PUBLIC HEALTH       857          

SERVICE, OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN       860          

SERVICES, TO THE EXTENT THOSE PROVISIONS DO NOT CONFLICT WITH THE  861          

LAWS OF THIS STATE;                                                             

      (2)  THE MOST RECENT RECOMMENDATIONS FOR MILK FOR            863          

MANUFACTURING PURPOSES AND ITS PRODUCTION AND PROCESSING           864          

PUBLISHED IN FINAL FORM IN THE FEDERAL REGISTER BY THE UNITED      866          

STATES DEPARTMENT OF AGRICULTURE, TO THE EXTENT THOSE              867          

RECOMMENDATIONS DO NOT CONFLICT WITH THE LAWS OF THIS STATE.       868          

      (D)  ADMINISTER AND ENFORCE THIS CHAPTER AND RULES ADOPTED   871          

                                                          18     

                                                                 
UNDER IT AND APPOINT INSPECTORS AND OTHER PERSONNEL NECESSARY TO   873          

CARRY OUT THE PROVISIONS OF THIS CHAPTER AND THOSE RULES;          874          

      (E)  EMBARGO A DAIRY PRODUCT THAT THE DIRECTOR REASONABLY    877          

SUSPECTS, BELIEVES, OR DETERMINES IS ADULTERATED AS DESCRIBED IN   878          

SECTION 3715.59 OF THE REVISED CODE OR IS MISBRANDED AS DESCRIBED  880          

IN SECTION 3715.60 OF THE REVISED CODE;                            881          

      (F)  ADOPT BY REFERENCE ALL OR ANY PART OF THE RULES         884          

GOVERNING THE DAIRY INDUSTRY ADOPTED BY THE UNITED STATES FOOD     885          

AND DRUG ADMINISTRATION AND THE UNITED STATES DEPARTMENT OF        886          

AGRICULTURE;                                                       887          

      (G)  ANNUALLY, NOT LATER THAN NINETY DAYS AFTER THE END OF   890          

THE STATE FISCAL YEAR, DETERMINE THE EXPENSE OF ADMINISTERING AND  891          

ENFORCING THIS CHAPTER AND RULES ADOPTED UNDER IT DURING THE       892          

PRECEDING STATE FISCAL YEAR AND REPORT THE DETERMINATIONS TO THE   893          

MILK SANITATION BOARD CREATED IN SECTION 917.03 OF THE REVISED     896          

CODE.                                                                           

      Sec. 917.03.  THERE IS HEREBY CREATED A MILK SANITATION      898          

BOARD CONSISTING OF THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S  900          

AUTHORIZED REPRESENTATIVE, THE DIRECTOR OF HEALTH OR THE           901          

DIRECTOR'S AUTHORIZED REPRESENTATIVE, AND THE FOLLOWING MEMBERS    902          

TO BE APPOINTED BY THE DIRECTOR OF AGRICULTURE:                                 

      (A)  TWO GRADE A MILK PRODUCERS;                             905          

      (B)  ONE MANUFACTURE MILK PRODUCER;                          907          

      (C)  THREE MILK PROCESSORS, ONE OF WHOM SHALL BE A GRADE A   910          

MILK PROCESSOR AND ONE OF WHOM SHALL BE A MANUFACTURE MILK         911          

PROCESSOR;                                                                      

      (D)  ONE MILK HAULER.                                        913          

      THE THREE MEMBERS WHO ARE MILK PRODUCERS SHALL NOT BE        915          

MEMBERS OR REPRESENTATIVES OF THE SAME CO-OPERATIVE ASSOCIATION.   917          

      THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S AUTHORIZED     919          

REPRESENTATIVE SHALL SERVE AS CHAIRPERSON OF THE BOARD.            920          

      BEFORE MAKING THE APPOINTMENTS TO THE BOARD REQUIRED UNDER   922          

THIS SECTION, THE DIRECTOR OF AGRICULTURE SHALL CONSULT THE        923          

RESPECTIVE STATEWIDE TRADE ORGANIZATIONS THAT REPRESENT GRADE A    925          

                                                          19     

                                                                 
MILK PRODUCERS, MANUFACTURE MILK PRODUCERS, MILK PROCESSORS, AND   926          

MILK HAULERS.                                                                   

      OF THE INITIAL APPOINTMENTS, ONE GRADE A MILK PRODUCER, ONE  929          

MILK PROCESSOR, AND THE MILK HAULER SHALL SERVE FOR A TERM ENDING  930          

DECEMBER 31, 1998, ONE GRADE A MILK PRODUCER AND THE MANUFACTURE   933          

MILK PROCESSOR SHALL SERVE FOR A TERM ENDING DECEMBER 31, 1999,    934          

AND THE MANUFACTURE MILK PRODUCER AND A GRADE A MILK PROCESSOR     936          

SHALL SERVE FOR A TERM ENDING DECEMBER 31, 2000.  THEREAFTER,      938          

MEMBERS SHALL SERVE THREE-YEAR TERMS THAT EXPIRE ON THE            939          

THIRTY-FIRST DAY OF DECEMBER.                                                   

      EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT   941          

UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED.  A   942          

MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE          943          

EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS      944          

APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THE TERM.  A      945          

MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE  947          

OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR  948          

A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST.  A     949          

MEMBER SHALL CONTINUE IN OFFICE FOR THE ENTIRETY OF THE MEMBER'S   950          

TERM UNLESS REMOVED FOR MISFEASANCE, MALFEASANCE, OR NONFEASANCE.  951          

      THE DIRECTOR SHALL PROVIDE THE BOARD WITH THE PERSONNEL,     953          

OFFICE SPACE, AND INCIDENTALS NECESSARY FOR IT TO PERFORM ITS      954          

DUTIES AND EXERCISE ITS POWERS.  MEMBERS SHALL BE REIMBURSED FOR   955          

THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE    956          

OF THEIR DUTIES.  APPOINTED MEMBERS SHALL RECEIVE COMPENSATION IN  957          

AN AMOUNT DETERMINED PURSUANT TO DIVISION (J) OF SECTION 124.15    959          

OF THE REVISED CODE.                                               961          

      Sec. 917.031.  THE MILK SANITATION BOARD MAY DO ALL OF THE   963          

FOLLOWING:                                                         964          

      (A)  ADVISE AND CONSULT WITH THE DIRECTOR OF AGRICULTURE IN  967          

THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER AND RULES       968          

ADOPTED UNDER IT;                                                               

      (B)  MAKE RECOMMENDATIONS TO THE DIRECTOR REGARDING          971          

PROPOSED RULES;                                                                 

                                                          20     

                                                                 
      (C)  APPROVE OR DISAPPROVE AGREEMENTS BETWEEN THE DIRECTOR   974          

AND ANY PUBLIC OR PRIVATE ENTITY DESIRING TO PERFORM OR            975          

PERFORMING ANY OF THE INSPECTIONS OR ANALYSES REQUIRED UNDER THIS  977          

CHAPTER AND RULES ADOPTED UNDER IT.                                978          

      THE MILK SANITATION BOARD, AFTER REVIEWING THE DIRECTOR'S    980          

ANNUAL REPORT REQUIRED UNDER DIVISION (G) OF SECTION 917.02 OF     982          

THE REVISED CODE, SHALL PRESCRIBE INSPECTION FEES FOR MILK         985          

PRODUCERS AND MILK PROCESSORS, AND MAY PRESCRIBE INSPECTION FEES   986          

FOR MILK HAULERS, EXCEPT THAT NO INSPECTION FEES SHALL BE          987          

PRESCRIBED FOR MANUFACTURE MILK PRODUCERS, PROCESSORS, OR HAULERS  988          

UNTIL ON OR AFTER JULY 1, 1998.  THE BOARD MAY MODIFY ANY FEES IT  990          

HAS PRESCRIBED.  THE FEES PRESCRIBED OR MODIFIED BY THE BOARD      991          

TOGETHER WITH THE LICENSE FEES COLLECTED PURSUANT TO THIS CHAPTER  992          

SHALL NOT EXCEED SIXTY-THREE PER CENT OF THE ESTIMATED COST OF     993          

ADMINISTERING AND ENFORCING THIS CHAPTER, AS DETERMINED BY THE     994          

BOARD'S REVIEW OF THE DIRECTOR'S ANNUAL REPORT.                    995          

      Sec. 917.032.  THE MILK SANITATION BOARD SHALL CREATE THREE  998          

STANDING SUBCOMMITTEES AND MAY CREATE OTHER SUBCOMMITTEES                       

CONSISTING OF BOARD MEMBERS OR NONMEMBERS TO REVIEW AND CONSIDER   1,000        

ANY ISSUE RELEVANT TO THIS CHAPTER AND TO REPORT FINDINGS AND      1,001        

MAKE RECOMMENDATIONS TO THE BOARD.  EACH OF THE THREE STANDING     1,002        

SUBCOMMITTEES SHALL CONSIST OF EIGHT MEMBERS.  ONE STANDING        1,003        

SUBCOMMITTEE SHALL REPRESENT GRADE A MILK PRODUCTION AND           1,005        

PROCESSING, ONE SHALL REPRESENT MANUFACTURE MILK PRODUCTION AND    1,006        

MANUFACTURING, AND ONE SHALL REPRESENT FROZEN DESSERT              1,007        

MANUFACTURING.                                                     1,008        

      THE DIRECTOR OF AGRICULTURE SHALL APPOINT MEMBERS OF THE     1,010        

THREE STANDING SUBCOMMITTEES AFTER CONSULTING WITH STATEWIDE       1,011        

TRADE ORGANIZATIONS REPRESENTING GRADE A MILK PRODUCERS AND        1,013        

PROCESSORS, MANUFACTURE MILK PRODUCERS AND MANUFACTURERS, AND      1,014        

FROZEN DESSERT MANUFACTURERS, RESPECTIVELY.  THE DIRECTOR SHALL    1,015        

APPOINT AT LEAST ONE MEMBER OF THE MILK SANITATION BOARD TO SERVE  1,017        

ON EACH STANDING SUBCOMMITTEE, AND THE DIRECTOR OR THE DIRECTOR'S               

AUTHORIZED REPRESENTATIVE SHALL APPOINT AT LEAST ONE MEMBER OF     1,018        

                                                          21     

                                                                 
THE MILK SANITATION BOARD TO SERVE ON EACH OTHER SUBCOMMITTEE.     1,019        

THE DIRECTOR SHALL APPOINT ALL OTHER MEMBERS OF STANDING           1,020        

SUBCOMMITTEES, AND THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED       1,021        

REPRESENTATIVE SHALL APPOINT ALL OTHER MEMBERS OF THE OTHER        1,022        

SUBCOMMITTEES.  THE DIRECTOR SHALL DETERMINE THE LENGTH OF THE     1,023        

TERM OF OFFICE OF EACH MEMBER OF A STANDING SUBCOMMITTEE OR OTHER  1,024        

SUBCOMMITTEE AND MAY REMOVE A MEMBER FOR MISFEASANCE,                           

MALFEASANCE, OR NONFEASANCE.                                       1,025        

      A STANDING SUBCOMMITTEE OR ANY OTHER SUBCOMMITTEE MAY DO     1,027        

ALL OF THE FOLLOWING:                                              1,028        

      (A)  ADVISE AND CONSULT WITH THE MILK SANITATION BOARD IN    1,031        

THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER AND RULES       1,032        

ADOPTED UNDER IT;                                                               

      (B)  MAKE RECOMMENDATIONS TO THE MILK SANITATION BOARD       1,035        

REGARDING PROPOSED RULES;                                                       

      (C)  APPROVE OR DISAPPROVE AGREEMENTS BETWEEN THE DIRECTOR   1,038        

AND ANY PRIVATE OR PUBLIC ENTITY DESIRING TO PERFORM OR            1,039        

PERFORMING ANY OF THE INSPECTIONS OR ANALYSES REQUIRED UNDER THIS  1,041        

CHAPTER AND RULES ADOPTED UNDER IT.                                1,042        

      Sec. 917.04.  NO RAW MILK RETAILER SHALL SELL, OFFER FOR     1,044        

SALE, OR EXPOSE FOR SALE RAW MILK TO THE ULTIMATE CONSUMER EXCEPT  1,046        

A RAW MILK RETAILER WHO, PRIOR TO OCTOBER 31, 1965, WAS ENGAGED    1,047        

CONTINUOUSLY IN THE BUSINESS OF SELLING OR OFFERING FOR SALE RAW   1,048        

MILK DIRECTLY TO ULTIMATE CONSUMERS, HOLDS A VALID RAW MILK        1,049        

RETAILER LICENSE ISSUED UNDER SECTION 917.09 OF THE REVISED CODE,  1,052        

AND IS SUBJECT TO THE RULES REGULATING THE SALE OF RAW MILK        1,053        

ADOPTED UNDER THIS CHAPTER.                                        1,054        

      NO PERSON SHALL FAIL TO LABEL, IN ACCORDANCE WITH RULES      1,056        

ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 917.02 OF     1,057        

THE REVISED CODE, ALL FINAL DELIVERY CONTAINERS USED FOR THE SALE  1,060        

OF RAW MILK TO ULTIMATE CONSUMERS WITH THE WORDS "THIS PRODUCT     1,061        

HAS NOT BEEN PASTEURIZED AND MAY CONTAIN DISEASE-PRODUCING         1,062        

ORGANISMS."                                                                     

      Sec. 917.05.  NO PERSON SHALL DO ANY OF THE FOLLOWING OR     1,065        

                                                          22     

                                                                 
CAUSE ANY OF THE FOLLOWING TO BE DONE:                                          

      (A)  REPRESENT AN IMITATION TO BE A DAIRY PRODUCT;           1,068        

      (B)  USE A MEASURE, TEST, OR EQUIPMENT, FOR THE PURPOSE OF   1,071        

DETERMINING THE IDENTITY, QUALITY, STRENGTH, PURITY, GRADE,        1,072        

QUANTITY, OR PRICE OF A DAIRY PRODUCT, THAT DOES NOT COMPLY WITH   1,073        

STANDARDS ESTABLISHED BY THE DIRECTOR OF AGRICULTURE BY RULE;      1,074        

      (C)  CONDUCT A TEST TO DETERMINE THE IDENTITY, QUALITY,      1,077        

STRENGTH, PURITY, GRADE, QUANTITY, OR PRICE OF A DAIRY PRODUCT IN  1,078        

A MANNER THAT IS NOT IN ACCORDANCE WITH RULES ADOPTED BY THE       1,079        

DIRECTOR;                                                                       

      (D)  ALTER OR DESTROY THE RESULTS OF A TEST CONDUCTED TO     1,082        

DETERMINE THE IDENTITY, QUALITY, STRENGTH, PURITY, GRADE,          1,083        

QUANTITY, OR PRICE OF A DAIRY PRODUCT;                             1,084        

      (E)  MANUFACTURE, SELL, OR DELIVER, HOLD, OR OFFER FOR SALE  1,087        

A DAIRY PRODUCT THAT IS NOT LABELED OR REPRESENTED IN ACCORDANCE   1,088        

WITH THE "NUTRITION LABELING AND EDUCATION ACT OF 1990," 104       1,092        

STAT. 2353, 21 U.S.C.A. 343, AS AMENDED, AND REGULATIONS ADOPTED   1,093        

UNDER IT, AND WITH THIS CHAPTER AND CHAPTER 3715. OF THE REVISED   1,095        

CODE AND RULES ADOPTED UNDER THOSE CHAPTERS;                       1,096        

      (F)  MANUFACTURE, SELL, OR DELIVER, HOLD, OR OFFER FOR SALE  1,099        

A DAIRY PRODUCT THAT IS ADULTERATED AS DESCRIBED IN SECTION        1,100        

3715.59 OF THE REVISED CODE OR IS MISBRANDED AS DESCRIBED IN       1,103        

SECTION 3715.60 OF THE REVISED CODE;                               1,105        

      (G)  USE FOR HUMAN CONSUMPTION GOAT'S MILK, SHEEP'S MILK,    1,108        

OR ANOTHER ANIMAL'S MILK, EXCEPT TO MANUFACTURE DAIRY PRODUCTS     1,109        

THAT ARE DESCRIBED IN 21 C.F.R., AS AMENDED, OR RECOGNIZED AS      1,111        

NONSTANDARDIZED TRADITIONAL PRODUCTS NORMALLY MANUFACTURED FROM    1,112        

THE ANIMAL'S MILK.                                                              

      Sec. 917.06.  (A)  AS USED IN THIS SECTION, "POLITICAL       1,115        

SUBDIVISION" MEANS A COUNTY, TOWNSHIP, OR MUNICIPAL CORPORATION    1,116        

AND ANY OTHER BODY CORPORATE AND POLITIC THAT IS RESPONSIBLE FOR   1,117        

GOVERNMENT ACTIVITIES IN A GEOGRAPHIC AREA SMALLER THAN THAT OF    1,118        

THE STATE.                                                                      

      (B)  ALL POLITICAL SUBDIVISIONS SHALL GIVE FULL FAITH AND    1,121        

                                                          23     

                                                                 
CREDIT TO THE INSPECTIONS AND ACTS PERFORMED AND RECORDS CREATED   1,122        

IN THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER AND THE      1,123        

RULES ADOPTED UNDER IT.  NO POLITICAL SUBDIVISION SHALL REQUIRE A  1,124        

PERSON LICENSED UNDER SECTION 917.09 OF THE REVISED CODE TO        1,127        

OBTAIN A LICENSE OR PERMIT TO OPERATE IN A MANNER DESCRIBED IN     1,128        

THIS CHAPTER OR RULES ADOPTED UNDER IT, TO SUBMIT TO AN            1,129        

INSPECTION OR PAY A FEE RELATED TO THIS CHAPTER OR THE RULES       1,130        

ADOPTED UNDER IT, OR TO SATISFY ANY OTHER CONDITION EXCEPT AS      1,131        

PROVIDED BY A STATUTE OR RULE OF THIS STATE OR THE UNITED STATES.  1,133        

      Sec. 917.07.  THE DAIRY INDUSTRY FUND IS HEREBY CREATED IN   1,135        

THE STATE TREASURY.  ALL INSPECTION FEES AND LICENSE FEES          1,136        

COLLECTED UNDER THIS CHAPTER SHALL BE DEPOSITED INTO THE FUND.     1,138        

      THE DAIRY FUND IS HEREBY CREATED IN THE STATE TREASURY.      1,140        

ALL FINE MONEYS RECEIVED BY THE TREASURER OF STATE PURSUANT TO     1,141        

DIVISION (E) OF SECTION 917.99 OF THE REVISED CODE AND ANY OTHER   1,142        

MONEYS COLLECTED UNDER THIS CHAPTER, EXCEPT FOR INSPECTION FEES    1,144        

AND LICENSE FEES, SHALL BE DEPOSITED INTO THE FUND.                1,145        

      MONEYS CREDITED TO THE DAIRY INDUSTRY FUND AND THE DAIRY     1,147        

FUND SHALL BE USED TO OPERATE AND PAY EXPENSES OF THE DIVISION OF  1,149        

DAIRY IN THE DEPARTMENT OF AGRICULTURE.                                         

      Sec. 917.08.  The director of agriculture shall administer   1,158        

and enforce sections 917.01 to 917.23, inclusive, of the Revised   1,159        

Code, and after consulting the department of dairy technology of   1,160        

the college of agriculture of the Ohio state university, shall     1,161        

prescribe regulations setting up qualifications of applicants for  1,162        

licenses as weighers, samplers, testers, or bulk tank operators,   1,163        

and governing the form, nature, and subject matter of CONDUCT      1,164        

examinations to be conducted to test such qualifications, and      1,165        

shall provide for holding such examinations OF APPLICANTS FOR A    1,167        

WEIGHER, SAMPLER, OR TESTER LICENSE ISSUED UNDER SECTION 917.09    1,168        

OF THE REVISED CODE at such times and IN such places as in his     1,169        

THE DIRECTOR'S opinion will afford all THE applicants an           1,171        

opportunity to attend TAKE THE EXAMINATION at reasonable expense,  1,172        

and will provide a sufficient number of qualified persons to be    1,173        

                                                          24     

                                                                 
licensed to perform the services required by such sections.  The   1,174        

director may designate any officers or employees of the            1,176        

department of agriculture, or may employ one or more persons       1,178        

recommended by the department of dairy technology, to conduct      1,179        

such THE examinations and the services of such persons, when       1,180        

approved by the director, shall have the same effect as though     1,182        

such services were personally performed by the director.           1,183        

      Sec. 917.09.  (A)  THE DIRECTOR OF AGRICULTURE MAY ISSUE     1,185        

THE FOLLOWING TYPES OF LICENSES:                                   1,186        

      (1)  PRODUCER;                                               1,188        

      (2)  PROCESSOR;                                              1,190        

      (3)  MILK DEALER;                                            1,192        

      (4)  RAW MILK RETAILER;                                      1,194        

      (5)  WEIGHER, SAMPLER, OR TESTER;                            1,196        

      (6)  MILK HAULER.                                            1,198        

      (B)  THE DIRECTOR MAY ADOPT RULES ESTABLISHING CATEGORIES    1,201        

FOR EACH TYPE OF LICENSE THAT ARE BASED ON THE GRADE OR TYPE OF    1,202        

DAIRY PRODUCT WITH WHICH THE LICENSEE IS INVOLVED.                 1,203        

      (C)  EXCEPT AS PROVIDED IN SECTION 917.091 OF THE REVISED    1,207        

CODE AND DIVISION (I) OF THIS SECTION, NO PERSON SHALL ACT AS OR   1,209        

HOLD THE PERSON'S SELF OUT AS A PRODUCER; PROCESSOR; MILK DEALER;  1,210        

RAW MILK RETAILER; WEIGHER, SAMPLER, OR TESTER; OR MILK HAULER     1,211        

UNLESS THE PERSON HOLDS A VALID LICENSE ISSUED BY THE DIRECTOR     1,212        

UNDER THIS SECTION.                                                             

      (D)  EACH PERSON DESIRING A LICENSE SHALL SUBMIT TO THE      1,215        

DIRECTOR A LICENSE APPLICATION ON A FORM PRESCRIBED BY THE         1,216        

DIRECTOR, ACCOMPANIED BY A LICENSE FEE IN AN AMOUNT SPECIFIED IN   1,217        

RULES ADOPTED UNDER SECTION 917.02 OF THE REVISED CODE.  THE       1,219        

APPLICANT SHALL SPECIFY ON THE APPLICATION THE TYPE OF LICENSE     1,220        

AND CATEGORY REQUESTED AND SHALL INCLUDE ANY OTHER INFORMATION     1,221        

REQUIRED BY RULES ADOPTED UNDER SECTION 917.02 OF THE REVISED      1,224        

CODE.                                                                           

      (E)  EACH APPLICANT FOR A WEIGHER, SAMPLER, OR TESTER        1,227        

LICENSE OR REGISTRATION, PRIOR TO ISSUANCE OF THE LICENSE OR       1,228        

                                                          25     

                                                                 
REGISTRATION, SHALL PASS AN EXAMINATION THAT IS GIVEN IN           1,229        

ACCORDANCE WITH SECTION 917.08 OF THE REVISED CODE AND RULES       1,231        

ADOPTED UNDER SECTION 917.02 OF THE REVISED CODE.                  1,233        

      EACH APPLICANT FOR ANY OTHER TYPE OF LICENSE ISSUED UNDER    1,235        

THIS SECTION, PRIOR TO ISSUANCE OF THE LICENSE, SHALL PASS AN      1,236        

INSPECTION THAT IS MADE IN ACCORDANCE WITH RULES ADOPTED UNDER     1,237        

SECTION 917.02 OF THE REVISED CODE.                                1,239        

      (F)  THE DIRECTOR SHALL NOT ISSUE A LICENSE TO AN APPLICANT  1,242        

UNLESS THE DIRECTOR DETERMINES, THROUGH AN INSPECTION OR           1,243        

OTHERWISE, THAT THE APPLICANT IS IN COMPLIANCE WITH THE            1,244        

REQUIREMENTS SET FORTH IN THIS CHAPTER AND THE RULES ADOPTED       1,245        

UNDER IT.                                                                       

      (G)  EXAMINATIONS THAT MUST BE PASSED PRIOR TO ISSUANCE OF   1,248        

A WEIGHER, SAMPLER, OR TESTER LICENSE, INSPECTIONS THAT MUST BE    1,249        

PASSED PRIOR TO ISSUANCE OF ANY OTHER TYPE OF LICENSE ISSUED       1,250        

UNDER THIS SECTION, PROCEDURES FOR ISSUING AND RENEWING LICENSES,  1,251        

AND LICENSE TERMS AND RENEWAL PERIODS SHALL COMPLY WITH RULES      1,252        

ADOPTED UNDER SECTION 917.02 OF THE REVISED CODE.                  1,254        

      (H)  SUSPENSION AND REVOCATION OF LICENSES SHALL COMPLY      1,257        

WITH SECTION 917.22 OF THE REVISED CODE AND RULES ADOPTED UNDER    1,259        

SECTION 917.02 OF THE REVISED CODE.                                1,261        

      (I)  A PERSON WHOSE RELIGION PROHIBITS THE PERSON FROM       1,264        

OBTAINING A LICENSE UNDER THIS SECTION, IN PLACE OF A LICENSE,     1,265        

SHALL REGISTER WITH THE DIRECTOR AS A PRODUCER; PROCESSOR; MILK    1,266        

DEALER; RAW MILK RETAILER; WEIGHER, SAMPLER, OR TESTER; OR MILK    1,267        

HAULER.                                                                         

      THE PERSON CLAIMING THE EXEMPTION FROM LICENSURE SHALL       1,269        

REGISTER ON A FORM PRESCRIBED BY THE DIRECTOR AND SHALL MEET ANY   1,270        

OTHER REGISTRATION REQUIREMENTS CONTAINED IN RULES ADOPTED UNDER   1,271        

SECTION 917.02 OF THE REVISED CODE.  UPON RECEIVING THE PERSON'S   1,274        

REGISTRATION FORM AND DETERMINING THAT THE PERSON HAS SATISFIED    1,275        

ALL REQUIREMENTS FOR REGISTRATION, THE DIRECTOR SHALL NOTIFY THE   1,276        

PERSON THAT THE PERSON IS REGISTERED TO LAWFULLY OPERATE AS A      1,277        

PRODUCER; PROCESSOR; MILK DEALER; RAW MILK RETAILER; WEIGHER,      1,278        

                                                          26     

                                                                 
SAMPLER, OR TESTER; OR MILK HAULER.                                             

      A REGISTRANT IS SUBJECT TO ALL PROVISIONS GOVERNING          1,280        

LICENSEES, SUCH AS PROVISIONS CONCERNING TESTING, SAMPLING, AND    1,281        

INSPECTION OF DAIRY PRODUCTS.  A REGISTRANT IS SUBJECT TO          1,282        

PROVISIONS GOVERNING ISSUANCE OF A TEMPORARY WEIGHER, SAMPLER, OR  1,284        

TESTER LICENSE UNDER SECTION 917.091 OF THE REVISED CODE.  A       1,286        

REGISTRATION SHALL BE RENEWED, SUSPENDED, AND REVOKED UNDER THE    1,287        

SAME TERMS AS A LICENSE.                                           1,288        

      Sec. 917.091.  THE DIRECTOR OF AGRICULTURE MAY ISSUE A       1,290        

TEMPORARY WEIGHER, SAMPLER, OR TESTER LICENSE TO AN APPLICANT      1,291        

UPON DETERMINING THAT THE APPLICANT HAS MET ALL QUALIFICATIONS     1,292        

FOR LICENSURE UNDER SECTION 917.09 OF THE REVISED CODE EXCEPT      1,295        

SUCCESSFUL COMPLETION OF AN EXAMINATION.  A TEMPORARY WEIGHER,     1,296        

SAMPLER, OR TESTER LICENSE IS EFFECTIVE ONLY UNTIL THE DATE OF     1,298        

THE NEXT EXAMINATION.  AN APPLICANT WHO HAS NOT TAKEN AN                        

EXAMINATION FOR LICENSURE MAY RECEIVE NO MORE THAN THREE           1,299        

TEMPORARY WEIGHER, SAMPLER, OR TESTER LICENSES.  AN APPLICANT WHO  1,301        

TAKES AND FAILS AN EXAMINATION FOR LICENSURE MAY RECEIVE NO MORE   1,302        

THAN TWO TEMPORARY WEIGHER, SAMPLER, OR TESTER LICENSES.           1,303        

      IF AN APPLICANT FOR A TEMPORARY WEIGHER, SAMPLER, OR TESTER  1,306        

LICENSE PREVIOUSLY HELD A WEIGHER, SAMPLER, OR TESTER LICENSE      1,307        

ISSUED UNDER SECTION 917.09 OF THE REVISED CODE, THE FOLLOWING     1,309        

SHALL APPLY, AS APPROPRIATE:                                       1,310        

      (A)  IN THE CASE OF A LICENSE THAT EXPIRED NOT MORE THAN     1,313        

TWELVE MONTHS PREVIOUSLY, THE APPLICANT SHALL SUBMIT AN            1,314        

APPLICATION AND THE APPROPRIATE FEE BUT IS NOT REQUIRED TO TAKE    1,315        

AND PASS THE EXAMINATION.                                                       

      (B)  IN THE CASE OF A LICENSE THAT EXPIRED MORE THAN TWELVE  1,317        

MONTHS PREVIOUSLY, THE APPLICANT SHALL SUBMIT AN APPLICATION AND   1,318        

THE APPROPRIATE FEE AND SHALL TAKE AND PASS THE EXAMINATION.  THE  1,320        

APPLICANT MAY APPLY FOR AND RECEIVE LICENSES, BOTH TEMPORARY AND   1,321        

PERMANENT, TO THE SAME EXTENT AS A NEW APPLICANT.                               

      Sec. 917.10.  (A)  A PERSON WHO MANUFACTURES FROZEN          1,324        

DESSERTS FOR SALE SHALL USE IN THE MANUFACTURING ONLY MIXTURES IN  1,325        

                                                          27     

                                                                 
WHICH THE DAIRY PRODUCTS, EGGS, AND ANY OTHER INGREDIENT           1,326        

SPECIFIED BY THE DIRECTOR OF AGRICULTURE HAVE BEEN PASTEURIZED IN  1,327        

ACCORDANCE WITH RULES GOVERNING PASTEURIZATION ADOPTED UNDER       1,328        

SECTION 917.02 OF THE REVISED CODE.  EXCEPT AS PROVIDED IN         1,330        

DIVISION (B) OF THIS SECTION, PASTEURIZATION SHALL OCCUR AT THE    1,332        

MILK PLANT WHERE RETAIL PACKAGING OCCURS.  REPASTEURIZATION IS     1,333        

NOT REQUIRED AT A RETAIL ESTABLISHMENT.                            1,334        

      (B)  THE DIRECTOR MAY ADOPT RULES AUTHORIZING                1,337        

PASTEURIZATION AT A MILK PLANT OTHER THAN THE PLANT WHERE RETAIL   1,338        

PACKAGING OCCURS IF THE DIRECTOR DETERMINES THAT THE FROZEN        1,339        

DESSERT IS HANDLED, TRANSPORTED, AND STORED IN A MANNER THAT THE   1,340        

DIRECTOR DETERMINES TO BE SAFE AND SUITABLE.                       1,341        

      Sec. 917.11.  ALL DAIRY PRODUCTS SHALL BE IDENTIFIED DURING  1,344        

PROCESSING AND ALL PACKAGED PRODUCTS SHALL BE LABELED AND BRANDED  1,345        

AS REQUIRED BY THIS CHAPTER AND CHAPTER 3715. OF THE REVISED CODE  1,348        

AND RULES ADOPTED UNDER THOSE CHAPTERS, AND BY THE "NUTRITION      1,350        

LABELING AND EDUCATION ACT OF 1990," 104 STAT. 2353, 21 U.S.C.A.   1,352        

343, AS AMENDED AND REGULATIONS ADOPTED UNDER IT.                  1,353        

      Sec. 917.16.  (A)  Sections 917.01 to 917.23, inclusive, of  1,363        

the Revised Code THIS CHAPTER shall not restrain, limit,           1,365        

prejudice, abrogate, or take from any co-operative association     1,366        

the powers, privileges, and rights it has under sections 1729.01                

to 1729.27, inclusive, of the Revised Code.                        1,367        

      (B)  Specifically, but without limiting division (A) of      1,369        

this section, sections 917.01 to 917.23, inclusive, of the         1,371        

Revised Code, THIS CHAPTER shall not derogate from or prejudice    1,373        

any rights of any co-operative association, provided such THAT     1,374        

THE association and its employees comply with the licensing        1,375        

requirements.                                                                   

      Sec. 917.18.  (A)  AS USED IN THIS SECTION, "FAMILY MEMBER"  1,377        

MEANS A SPOUSE; PERSON LIVING AS A SPOUSE; PARENT; CHILD; OTHER    1,378        

PERSON RELATED TO A MILK PRODUCER OR RAW MILK RETAILER BY          1,379        

CONSANGUINITY OR AFFINITY; OR PARENT, CHILD, OR OTHER PERSON       1,380        

RELATED TO A SPOUSE OR A PERSON LIVING AS A SPOUSE BY                           

                                                          28     

                                                                 
CONSANGUINITY OR AFFINITY, WHO IS RESIDING WITH A MILK PRODUCER    1,382        

OR RAW MILK RETAILER.                                                           

      (B)  UPON BECOMING AWARE THAT A FAMILY MEMBER OR EMPLOYEE    1,384        

WHO HANDLES OR IS LIKELY TO HANDLE GRADE A MILK, MANUFACTURE       1,385        

MILK, RAW MILK FOR SALE TO THE ULTIMATE CONSUMER, OR EQUIPMENT     1,386        

USED IN THE HANDLING OF ANY SUCH MILK, ON THE MILK PRODUCER'S OR   1,387        

RAW MILK RETAILER'S PREMISES HAS CONTRACTED OR BEEN DIAGNOSED      1,388        

WITH A DANGEROUS, CONTAGIOUS, OR INFECTIOUS DISEASE, THE MILK      1,389        

PRODUCER OR RAW MILK RETAILER IMMEDIATELY SHALL NOTIFY THE         1,390        

DIRECTOR OF AGRICULTURE AND THE HEALTH COMMISSIONER OF THE CITY    1,391        

HEALTH DISTRICT OR GENERAL HEALTH DISTRICT IN WHICH ITS DAIRY      1,392        

PRODUCTS ARE SOLD OR OFFERED FOR SALE, ADVISING BOTH OFFICIALS OF  1,393        

THE FACTS OF THE CASE.  THE DIRECTOR MAY ORDER THAT THE SALE OF    1,394        

THE DAIRY PRODUCTS BE STOPPED PENDING AN INVESTIGATION AND FOR     1,395        

ANY TIME THEREAFTER THAT THE DIRECTOR REQUIRES.  IF THE DIRECTOR   1,396        

DETERMINES THAT AN INVESTIGATION IS CALLED FOR, THE DIRECTOR OR    1,397        

THE DIRECTOR'S AUTHORIZED REPRESENTATIVE SHALL INVESTIGATE         1,398        

WITHOUT DELAY, AND THE DIRECTOR MAY PLACE AN EMBARGO OR MAKE AND   1,399        

ENFORCE ORDERS, WITHOUT A HEARING, TO PREVENT THE SALE OF DAIRY    1,401        

PRODUCTS THAT CONSTITUTE ADULTERATED FOOD AS DESCRIBED IN SECTION  1,402        

3715.59 OF THE REVISED CODE.                                       1,404        

      Sec. 917.19.  THE FOLLOWING ITEMS SHALL BE SUBJECT TO        1,406        

INSPECTION BY A PERSON DESIGNATED BY THE DIRECTOR OF AGRICULTURE:  1,408        

      (A)  MILK PLANT FACILITIES AND EQUIPMENT;                    1,411        

      (B)  VEHICLES AND CONTAINERS USED BY MILK HAULERS;           1,414        

      (C)  DAIRY FARMS, INCLUDING DAIRY ANIMALS, STABLES, MILK     1,417        

PARLORS, MILK HOUSES, AND MILK VESSELS OF MILK PRODUCERS.          1,418        

      THE INSPECTOR, WHILE IN THE NORMAL, LAWFUL, AND PEACEFUL     1,420        

PURSUIT OF INSPECTION DUTIES, MAY ENTER UPON, CROSS OVER, AND      1,421        

REMAIN UPON PRIVATELY OWNED LANDS FOR THOSE PURPOSES AND SHALL     1,422        

NOT BE SUBJECT TO ARREST FOR TRESPASS.                             1,423        

      Sec. 917.20.  A TEST REPORT OR DOCUMENT PREPARED BY AN       1,425        

ANALYST WHO IS EMPLOYED OR DESIGNATED BY THE DIRECTOR OF           1,426        

AGRICULTURE AND WHO TESTED A SAMPLE SHALL BE ADMISSIBLE AS         1,427        

                                                          29     

                                                                 
EVIDENCE IN A PROSECUTION FOR A VIOLATION OF A STATUTE OR RULE,    1,428        

PROVIDED THAT THE REPORT OR DOCUMENT CONTAINS A SWORN STATEMENT,   1,429        

SIGNED BY THE ANALYST, THAT THE REPORT OR DOCUMENT ACCURATELY      1,431        

CONTAINS OR REPRESENTS THE FINDINGS OR CONCLUSIONS OF THE          1,432        

ANALYST.                                                                        

      Sec. 917.21.  IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW  1,434        

AND IRRESPECTIVE OF WHETHER AN ADEQUATE REMEDY AT LAW EXISTS, THE  1,435        

DIRECTOR OF AGRICULTURE MAY APPLY TO THE COURT OF COMMON PLEAS OF  1,437        

A COUNTY IN WHICH A VIOLATION OF THIS CHAPTER OR RULES ADOPTED     1,438        

UNDER IT OCCURS FOR A TEMPORARY OR PERMANENT INJUNCTION OR OTHER   1,439        

APPROPRIATE RELIEF CONCERNING THE VIOLATION.                       1,440        

      Sec. 917.22.  (A)(1)  THE DIRECTOR OF AGRICULTURE MAY DENY,  1,443        

SUSPEND, OR REVOKE A LICENSE ISSUED UNDER THIS CHAPTER FOR A       1,444        

VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  EXCEPT   1,445        

AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION, THE DENIAL,        1,447        

SUSPENSION, OR REVOCATION OF A LICENSE IS NOT EFFECTIVE UNTIL THE  1,448        

LICENSEE IS GIVEN WRITTEN NOTICE OF THE VIOLATION, A REASONABLE    1,449        

AMOUNT OF TIME TO CORRECT THE VIOLATION, AND AN OPPORTUNITY FOR A  1,450        

HEARING.                                                                        

      (2)  IF THE DIRECTOR DETERMINES THAT A DAIRY PRODUCT         1,452        

CONSTITUTES ADULTERATED FOOD AS DESCRIBED IN SECTION 3715.59 OF    1,453        

THE REVISED CODE OR EXCEEDS BACTERIAL OR CHEMICAL STANDARDS        1,456        

ESTABLISHED BY RULES ADOPTED UNDER THIS CHAPTER, OR THAT AN        1,457        

EMERGENCY EXISTS THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE   1,458        

PUBLIC HEALTH, THE DIRECTOR MAY DENY, SUSPEND, OR REVOKE A         1,459        

LICENSE, EFFECTIVE IMMEDIATELY WITHOUT A HEARING, PROVIDED THAT    1,460        

AN OPPORTUNITY FOR A HEARING SHALL BE AFFORDED THEREAFTER WITHOUT  1,461        

DELAY.                                                                          

      (B)  ALL PROCEEDINGS UNDER THIS CHAPTER SHALL COMPLY WITH    1,465        

CHAPTER 119. OF THE REVISED CODE, EXCEPT THAT:                     1,467        

      (1)  THE LOCATION OF ANY ADJUDICATORY HEARING THAT THE       1,469        

LICENSEE REQUESTS SHALL BE THE COUNTY SEAT OF THE COUNTY IN WHICH  1,471        

IS LOCATED THE LICENSEE'S FACILITY THAT IS INVOLVED IN THE                      

ALLEGED VIOLATION.                                                 1,472        

                                                          30     

                                                                 
      (2)  THE DIRECTOR SHALL NOTIFY A LICENSEE BY CERTIFIED MAIL  1,475        

OR PERSONAL DELIVERY THAT THE LICENSEE IS CONDITIONALLY ENTITLED   1,476        

TO A HEARING.  THE DIRECTOR SHALL SPECIFY IN THE NOTICE THAT, IN   1,477        

ORDER TO OBTAIN A HEARING, THE LICENSEE MUST REQUEST THE HEARING   1,478        

NOT LATER THAN TEN DAYS AFTER THE DATE OF RECEIPT OF THE NOTICE.   1,479        

      (3)  IF THE LICENSEE REQUESTS A HEARING, THE DATE SET FOR    1,481        

THE HEARING SHALL BE NO LATER THAN TEN DAYS AFTER THE DATE ON      1,482        

WHICH THE DIRECTOR RECEIVES THE REQUEST, UNLESS THE DIRECTOR AND   1,483        

THE LICENSEE AGREE OTHERWISE.                                      1,484        

      (4)  THE DIRECTOR SHALL NOT POSTPONE OR CONTINUE AN          1,486        

ADJUDICATION HEARING WITHOUT THE CONSENT OF THE LICENSEE.  IF THE  1,488        

LICENSEE REQUESTS A POSTPONEMENT OR CONTINUATION OF AN                          

ADJUDICATION HEARING, THE DIRECTOR SHALL NOT GRANT IT UNLESS THE   1,489        

LICENSEE DEMONSTRATES THAT AN EXTREME HARDSHIP WILL BE INCURRED    1,490        

IN HOLDING THE ADJUDICATION HEARING ON THAT HEARING DATE.  IF THE  1,491        

DIRECTOR GRANTS A POSTPONEMENT OR CONTINUATION ON THE GROUNDS OF   1,493        

EXTREME HARDSHIP TO THE LICENSEE, THE RECORD SHALL DOCUMENT THE    1,494        

NATURE AND CAUSE OF THE EXTREME HARDSHIP.                          1,495        

      (5)  IN LIEU OF HAVING A HEARING AND UPON THE LICENSEE'S     1,497        

WRITTEN REQUEST TO THE DIRECTOR, THE LICENSEE MAY SUBMIT TO THE    1,498        

DIRECTOR, NOT LATER THAN THE DATE OF THE HEARING SET PURSUANT TO   1,499        

DIVISION (B)(3) OF THIS SECTION, DOCUMENTS, PAPERS, AND OTHER      1,501        

WRITTEN EVIDENCE TO SUPPORT THE LICENSEE'S CLAIM.                  1,502        

      (6)  IF THE DIRECTOR APPOINTS A REFEREE OR EXAMINER TO       1,504        

CONDUCT THE HEARING, THE FOLLOWING APPLY:                          1,505        

      (a)  A COPY OF THE WRITTEN ADJUDICATION REPORT AND           1,507        

RECOMMENDATIONS OF THE REFEREE OR EXAMINER SHALL BE SERVED BY      1,508        

CERTIFIED MAIL UPON THE DIRECTOR AND THE LICENSEE OR THE           1,509        

LICENSEE'S ATTORNEY OR OTHER REPRESENTATIVE OF RECORD NOT LATER    1,510        

THAN THREE BUSINESS DAYS FOLLOWING THE CONCLUSION OF THE HEARING.  1,512        

      (b)  NOT LATER THAN THREE BUSINESS DAYS AFTER RECEIPT OF     1,515        

THE REPORT AND RECOMMENDATIONS, THE LICENSEE MAY FILE WITH THE     1,516        

DIRECTOR WRITTEN OBJECTIONS TO THE REPORT AND RECOMMENDATIONS.     1,517        

      (c)  THE DIRECTOR SHALL CONSIDER THE OBJECTIONS SUBMITTED    1,520        

                                                          31     

                                                                 
BY THE LICENSEE BEFORE APPROVING, MODIFYING, OR DISAPPROVING THE   1,521        

REPORT AND RECOMMENDATIONS.  THE DIRECTOR SHALL SERVE THE          1,522        

DIRECTOR'S ORDER UPON THE LICENSEE OR THE LICENSEE'S ATTORNEY OR   1,523        

OTHER REPRESENTATIVE OF RECORD BY CERTIFIED MAIL NOT LATER THAN    1,524        

SIX BUSINESS DAYS AFTER RECEIVING THE REPORT.                                   

      (7)  IF THE DIRECTOR CONDUCTS THE HEARING, THE DIRECTOR      1,526        

SHALL SERVE THE DIRECTOR'S DECISION BY CERTIFIED MAIL UPON THE     1,527        

LICENSEE OR THE LICENSEE'S ATTORNEY OR OTHER REPRESENTATIVE OF     1,528        

RECORD NOT LATER THAN THREE BUSINESS DAYS FOLLOWING THE CLOSE OF   1,529        

THE HEARING.                                                       1,530        

      (8)  IF NO HEARING IS HELD, THE DIRECTOR SHALL ISSUE AN      1,532        

ORDER BY CERTIFIED MAIL TO THE LICENSEE OR THE LICENSEE'S          1,533        

ATTORNEY OR OTHER REPRESENTATIVE OF RECORD NOT LATER THAN THREE    1,534        

BUSINESS DAYS FOLLOWING THE LAST DATE POSSIBLE FOR A HEARING,      1,535        

BASED ON THE RECORD THAT IS AVAILABLE.                             1,536        

      Sec.  917.23.  (A)  WITH RESPECT TO COOLING AND STORAGE OF   1,539        

MANUFACTURE MILK, A MANUFACTURE MILK PRODUCER SHALL DO ONE OF THE  1,540        

FOLLOWING:                                                                      

      (1)  IN THE CASE OF MANUFACTURE MILK THAT IS STORED IN CANS  1,543        

ON THE MANUFACTURE MILK PRODUCER'S FARM, COOL THE MILK TO AND      1,544        

STORE IT AT A TEMPERATURE OF SIXTY DEGREES FAHRENHEIT, SIXTEEN     1,545        

DEGREES CELSIUS, OR LOWER WITHIN TWO HOURS AFTER COMPLETION OF     1,547        

THE MILKING;                                                                    

      (2)  IN THE CASE OF ALL OTHER MANUFACTURE MILK THAT IS       1,549        

STORED ON THE MANUFACTURE MILK PRODUCER'S FARM, COOL THE MILK AND  1,551        

STORE IT IN ACCORDANCE WITH RULES ADOPTED BY THE DIRECTOR OF                    

AGRICULTURE PURSUANT TO SECTION 917.02 OF THE REVISED CODE.        1,554        

      (B)  MANUFACTURE MILK STORED IN ACCORDANCE WITH DIVISION     1,558        

(A)(1) OF THIS SECTION SHALL BE USED EXCLUSIVELY IN THE            1,559        

MANUFACTURE OF CHEESE.  THE BY-PRODUCTS CREATED FROM THE           1,560        

MANUFACTURE OF CHEESE MAY BE USED TO MANUFACTURE BUTTER AND DRIED  1,561        

WHEY PRODUCTS.                                                                  

      (C)  THIS SECTION DOES NOT APPLY TO RAW MILK THAT IS         1,564        

DELIVERED TO A MANUFACTURE MILK PLANT NOT LATER THAN TWO HOURS     1,565        

                                                          32     

                                                                 
AFTER COMPLETION OF MILKING.                                       1,566        

      Sec. 917.99.  (A)  Whoever violates DIVISION (C) OF section  1,575        

917.17 917.09 of the Revised Code shall be fined not less than     1,577        

one hundred nor more than one thousand dollars IS GUILTY OF A      1,578        

MISDEMEANOR OF THE SECOND DEGREE ON A FIRST OFFENSE AND A                       

MISDEMEANOR OF THE FIRST DEGREE ON EACH SUBSEQUENT OFFENSE.        1,579        

      (B)  Whoever violates section 917.18 or 917.20 917.13 OR     1,582        

917.14 of the Revised Code is guilty of a misdemeanor of the       1,584        

fourth FIRST degree ON A FIRST OFFENSE, A FELONY OF THE FIFTH      1,585        

DEGREE ON A SECOND OFFENSE, AND A FELONY OF THE FOURTH DEGREE ON   1,586        

EACH SUBSEQUENT OFFENSE.                                           1,587        

      (C)  Whoever violates DIVISION (A), (B), (C), (D), OR (G)    1,590        

OF section 917.19 917.05 of the Revised Code is guilty of a minor  1,592        

misdemeanor OF THE FOURTH DEGREE.                                  1,593        

      (D)  WHOEVER VIOLATES DIVISION (E) OR (F) OF SECTION 917.05  1,597        

OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE SECOND       1,600        

DEGREE ON A FIRST OFFENSE AND A MISDEMEANOR OF THE FIRST DEGREE    1,601        

ON EACH SUBSEQUENT OFFENSE.                                                     

      (E)  EACH DAY OF VIOLATION OF A PROVISION DESCRIBED IN       1,604        

DIVISIONS (A) TO (D) OF THIS SECTION CONSTITUTES A SEPARATE        1,607        

OFFENSE.                                                                        

      (F)  THE COURT IMPOSING A FINE UNDER DIVISIONS (A) TO (D)    1,610        

OF THIS SECTION SHALL ORDER THAT NOT LESS THAN FIFTY PER CENT OF                

THE FINE BE DISBURSED TO THE TREASURER OF STATE FOR DEPOSIT INTO   1,613        

THE DAIRY FUND CREATED IN SECTION 917.07 OF THE REVISED CODE.      1,615        

SUBJECT TO THAT MINIMUM PERCENTAGE, THE COURT'S ORDER SHALL                     

SPECIFY THE PERCENTAGE OF THE FINE THAT THE CLERK OF THE COURT     1,616        

SHALL DISBURSE TO THE TREASURER OF STATE.  THE CLERK OF THE COURT  1,617        

SHALL DISBURSE THE REMAINDER OF THE FINE TO THE COUNTY TREASURER.  1,618        

      Sec. 3707.33.  The board of health of a city or general      1,628        

health district may appoint, define the duties of, and fix the     1,629        

compensation of the number of inspectors of shops, wagons,         1,630        

appliances, and meat, and the number of other persons necessary    1,631        

to carry out Chapter 3707. of the Revised Code THIS CHAPTER and,   1,632        

                                                          33     

                                                                 
IF APPLICABLE, to carry out any duties assumed by the board under  1,634        

an agreement entered into under DIVISION (B) OF section 3717.63    1,635        

917.02 of the Revised Code.  Inspectors for those purposes may     1,636        

enter any house, vehicle, or yard.  The board may authorize the    1,637        

health commissioner to perform the duties of the inspectors.       1,638        

      Sec. 3715.02.  (A)  The director of agriculture shall ADOPT  1,648        

RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT     1,650        

establish standards of quality, WHEN OTHERWISE NOT ESTABLISHED BY  1,651        

A LAW OF THIS STATE, DEFINITIONS FOR A FOOD OR CLASS OF FOOD AND   1,653        

STANDARDS FOR THE FOLLOWING ITEMS AS THEY PERTAIN TO THE FOOD OR   1,654        

CLASS OF FOOD:                                                                  

      (1)  QUALITY, IDENTITY, purity, GRADE, and strength for      1,657        

foods, when those standards are not otherwise established by any   1,658        

law of this state.  The;                                           1,659        

      (2)  PACKAGING AND LABELING;                                 1,661        

      (3)  FOOD PROCESSING EQUIPMENT;                              1,663        

      (4)  PROCESSING PROCEDURES;                                  1,665        

      (5)  FILL OF CONTAINERS.                                     1,667        

      THE standards AND DEFINITIONS, WHERE APPLICABLE, shall       1,669        

conform to the standards for foods adopted by the United States    1,670        

department of agriculture and the United States food and drug      1,671        

administration.  The director shall adopt uniform rules that he    1,672        

considers necessary for the enforcement of the food, drug, dairy,  1,673        

and sanitary laws of this state.  The rules, where applicable,     1,674        

shall conform to and be the same as the regulations adopted for    1,675        

the enforcement of the "Federal Food, Drug, and Cosmetic Act," 52  1,676        

Stat. 1040 (1938), 21 U.S.C.A. 301 et seq., as amended.            1,677        

      (B)  THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH       1,681        

CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH, WHEN OTHERWISE    1,684        

NOT ESTABLISHED BY A LAW OF THIS STATE, STANDARDS FOR FOOD         1,685        

ESTABLISHMENT FACILITIES AND SANITATION OF FOOD ESTABLISHMENTS.    1,686        

      AS USED IN THIS DIVISION, "FOOD ESTABLISHMENT" MEANS A       1,688        

PREMISES OR PART OF A PREMISES, OTHER THAN A FOOD SERVICE          1,689        

OPERATION AS DEFINED IN SECTION 3732.01 OF THE REVISED CODE,       1,692        

                                                          34     

                                                                 
WHERE FOOD IS PREPARED, PROCESSED, STORED, MANUFACTURED,           1,693        

TRANSPORTED, OR OTHERWISE HELD OR HANDLED FOR SALE OR              1,694        

DISTRIBUTION.                                                                   

      (C)  IN ADOPTING RULES THAT ESTABLISH DEFINITIONS AND        1,697        

STANDARDS OF IDENTITY FOR A FOOD OR CLASS OF FOOD IN WHICH ONLY A  1,698        

LIMITED NUMBER OF OPTIONAL INGREDIENTS ARE PERMITTED, THE          1,699        

DIRECTOR SHALL DESIGNATE THE OPTIONAL INGREDIENTS THAT MUST BE     1,700        

LISTED ON THE LABEL.                                                            

      (D)  The director or his THE DIRECTOR'S designee shall do    1,703        

all of the following:                                              1,704        

      (A)(1)  Inspect drugs, butter, cheese, lard, syrup, milk,    1,706        

and other articles of food, or drink made MANUFACTURED, STORED,    1,709        

or offered for sale in the state;                                  1,710        

      (B)(2)  Prosecute or cause to be prosecuted each person,     1,712        

firm, or corporation engaged in the unlawful manufacture or sale   1,713        

of an adulterated drug or article of food or drink, in violation   1,714        

of law;                                                            1,715        

      (C)(3)  Enforce all laws against fraud, adulteration, or     1,717        

impurities in foods, drinks, or drugs, FOODS, OR DRINKS and        1,718        

unlawful labeling within the state.                                1,719        

      (E)  THE DIRECTOR MAY APPOINT OR CONTRACT FOR ONE OR MORE    1,722        

QUALIFIED PERSONS TO ENFORCE THE PROVISIONS OF THIS CHAPTER.       1,723        

      Sec. 3715.21.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION (E)    1,726        

OF THIS SECTION OR DIVISION (B) OF SECTION 3732.07 OF THE REVISED  1,727        

CODE, NO PERSON REGULARLY SHALL ENGAGE IN THE BUSINESS OF          1,729        

OPERATING ONE OR MORE RETAIL FROZEN DESSERT FREEZERS FOR THE       1,730        

PURPOSE OF FREEZING, REFREEZING, OR HOLDING FROZEN ANY FROZEN      1,731        

DESSERT TO BE SOLD AT RETAIL WITHOUT FIRST OBTAINING A LICENSE     1,732        

FOR THE OPERATION OF ALL FREEZERS FROM THE DIRECTOR OF             1,733        

AGRICULTURE.  APPLICATION FOR THE LICENSE SHALL BE MADE TO THE     1,734        

DIRECTOR IN THE MANNER THAT THE DIRECTOR PRESCRIBES.               1,735        

      (2)  AN APPLICATION FOR THE UPCOMING LICENSE YEAR FILED      1,737        

WITH THE DIRECTOR ON OR BEFORE THE THIRTY-FIRST DAY OF MAY SHALL   1,739        

BE ACCOMPANIED BY A FEE OF TWENTY-FIVE DOLLARS FOR EACH FREEZER.   1,740        

                                                          35     

                                                                 
A LATE APPLICATION FILED WITH THE DIRECTOR AFTER THE THIRTY-FIRST  1,741        

DAY OF MAY, BUT ON OR BEFORE THE THIRTIETH DAY OF JUNE, SHALL BE   1,743        

ACCOMPANIED BY A FEE OF FIFTY DOLLARS FOR EACH FREEZER.  A LATE    1,744        

APPLICATION FILED WITH THE DIRECTOR AFTER THE THIRTIETH DAY OF     1,746        

JUNE, BUT ON OR BEFORE THE THIRTY-FIRST DAY OF AUGUST, SHALL BE    1,747        

ACCOMPANIED BY A FEE OF SEVENTY-FIVE DOLLARS FOR EACH FREEZER.  A  1,748        

LATE APPLICATION FILED WITH THE DIRECTOR AFTER THE THIRTY-FIRST    1,749        

DAY OF AUGUST SHALL BE ACCOMPANIED BY A FEE OF ONE HUNDRED         1,751        

DOLLARS FOR EACH FREEZER.                                                       

      (B)  FOLLOWING RECEIPT OF THE APPLICATION AND THE            1,754        

APPLICABLE FEE, BUT PRIOR TO ISSUING THE INITIAL LICENSE, THE      1,755        

DIRECTOR SHALL INSPECT THE APPLICANT'S EQUIPMENT AND FACILITIES    1,756        

TO DETERMINE THEIR SANITARY CONDITION.  IF THE DIRECTOR FINDS      1,757        

THAT THE SANITARY CONDITION OF THE EQUIPMENT AND FACILITIES        1,758        

COMPLIES WITH THE DIRECTOR'S RULES ESTABLISHING SANITARY           1,759        

STANDARDS APPLICABLE TO RETAIL FROZEN DESSERT FREEZERS, THE                     

DIRECTOR SHALL ISSUE A LICENSE.                                    1,761        

      (C)  THE LICENSE SHALL EXPIRE ON THE THIRTY-FIRST DAY OF     1,764        

MAY OF EACH YEAR, UNLESS RENEWED IN ACCORDANCE WITH THE STANDARD   1,765        

RENEWAL PROCEDURES SET FORTH IN CHAPTER 4745. OF THE REVISED       1,768        

CODE.  THE DIRECTOR SHALL NOT RENEW A LICENSE UNLESS THE           1,769        

APPLICANT FOR THE RENEWAL HAS SUBMITTED A PROPERLY COMPLETED       1,770        

APPLICATION AND HAS PAID THE REQUIRED RENEWAL FEE.                 1,771        

      (D)  ALL FEES COLLECTED UNDER THIS DIVISION SHALL BE         1,774        

DEPOSITED TO THE CREDIT OF THE FOOD SAFETY FUND CREATED IN         1,775        

SECTION 915.24 OF THE REVISED CODE.                                1,777        

      (E)  A HOLDER OF A VALID PROCESSOR LICENSE OR REGISTRATION   1,780        

ISSUED UNDER SECTION 917.09 OF THE REVISED CODE WHO SELLS FROZEN   1,782        

DESSERTS AT RETAIL ON THE PREMISES OF THE MILK PLANT WHERE THE     1,783        

FROZEN DESSERTS ARE MANUFACTURED IS NOT REQUIRED TO OBTAIN A       1,784        

LICENSE UNDER DIVISION (A) OF THIS SECTION FOR ANY OF THE FROZEN   1,786        

DESSERT FREEZERS LOCATED ON THE PREMISES OF THAT MILK PLANT.       1,787        

      (F)  THIS SECTION DOES NOT APPLY TO A PERSON WHO SELLS       1,790        

FROZEN DESSERTS AT RETAIL IN A PACKAGE LABELED FOR SALE TO THE     1,791        

                                                          36     

                                                                 
CONSUMER, PROVIDED THAT THE FROZEN DESSERT WAS PACKAGED BY A       1,792        

PERSON HOLDING A VALID PROCESSOR LICENSE OR REGISTRATION ISSUED    1,793        

UNDER SECTION 917.09 OF THE REVISED CODE.                          1,795        

      Sec. 3715.211.  THE DIRECTOR OF AGRICULTURE, IN ACCORDANCE   1,798        

WITH CHAPTER 119. OF THE REVISED CODE, MAY SUSPEND, REVOKE, OR     1,800        

DENY A RETAIL FROZEN DESSERT FREEZER LICENSE ISSUED UNDER SECTION  1,802        

3715.21 OF THE REVISED CODE OR FOR WHICH AN APPLICATION WAS        1,804        

SUBMITTED UNDER THAT SECTION AFTER FINDING THAT THE LICENSEE OR    1,805        

APPLICANT HAS FAILED TO COMPLY WITH THAT SECTION OR ANY RULES      1,806        

ADOPTED BY THE DIRECTOR ESTABLISHING SANITARY STANDARDS            1,807        

APPLICABLE TO RETAIL FROZEN DESSERT FREEZERS.                                   

      Sec. 3715.24.  (A)  AS USED IN THIS SECTION AND SECTION      1,810        

3715.25 OF THE REVISED CODE:                                       1,812        

      (1)  "GRADE" MEANS STANDARDS FOR GRADES OF MAPLE SYRUP       1,814        

ADOPTED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AND         1,817        

ACCEPTED BY THE DIRECTOR OF AGRICULTURE OR GRADES AS DEFINED IN    1,818        

RULES ADOPTED BY THE DIRECTOR.                                                  

      (2)  "MAPLE PRODUCTS" MEANS MAPLE SYRUP, MAPLE SUGAR, MAPLE  1,821        

CREAM, OR ANY OTHER PRODUCT IN WHICH THE SUGAR CONTENT IS                       

ENTIRELY DERIVED FROM PURE MAPLE SAP AND TO WHICH NO OTHER         1,822        

SWEETENER HAS BEEN ADDED.                                          1,823        

      (3)  "MAPLE SAP" MEANS THE UNPROCESSED LIQUID DERIVED FROM   1,826        

THE MAPLE TREE OF THE ACER SPECIES.                                             

      (4)  "MAPLE SUGAR" OR "MAPLE CONCRETE" MEANS THE SOLID,      1,828        

CRYSTALLINE PRODUCTS DERIVED FROM PURE MAPLE SAP.                  1,829        

      (5)  "MAPLE SYRUP" MEANS THE UNADULTERATED LIQUID FOOD       1,831        

DERIVED BY CONCENTRATION AND HEAT TREATMENT OF PURE MAPLE SAP OR   1,832        

BY RECONSTITUTING MAPLE SUGAR OR MAPLE CONCRETE WITH WATER TO A    1,834        

DENSITY OF NOT LESS THAN SIXTY-SIX DEGREES ON THE BRIX SCALE AT    1,835        

SIXTY-EIGHT DEGREES FAHRENHEIT AND ANY PERMITTED OPTIONAL          1,837        

INGREDIENTS.                                                                    

      (6)  "PACKAGE" MEANS A CONTAINER, EQUAL TO OR LESS THAN      1,839        

FIVE GALLONS IN VOLUME, INTENDED TO BE SOLD TO INDIVIDUALS OR      1,840        

COMMERCIAL BUSINESSES FOR USE WITHOUT FURTHER PROCESSING OR        1,841        

                                                          37     

                                                                 
REPACKAGING OF THE CONTENTS.                                       1,842        

      (B)  THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN        1,845        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH    1,848        

VOLUNTARY GRADES, AUTHORIZED OPTIONAL INGREDIENTS, STANDARDS FOR   1,849        

FILL OF CONTAINERS, AND STANDARDS OF WEIGHT FOR THE SALE OF MAPLE  1,850        

PRODUCTS IN THIS STATE AND THAT SPECIFY THE ANALYTICAL TESTS TO    1,851        

BE USED FOR DETERMINING COMPLIANCE WITH THOSE VOLUNTARY GRADE      1,852        

REQUIREMENTS.                                                                   

      (C)  THE DIRECTOR SHALL DEVELOP AND MAINTAIN LABORATORY      1,855        

FACILITIES, EQUIPMENT, AND PROCEDURES SUFFICIENT TO DETERMINE      1,856        

WHETHER MAPLE SYRUP COMPLIES WITH THE REQUIREMENTS RELATIVE TO     1,857        

STANDARDS AND GRADES IN THIS CHAPTER AND THE RULES ADOPTED UNDER   1,858        

IT.                                                                             

      Sec. 3715.25.  (A)  No person shall manufacture for sale,    1,867        

offer for sale, have in his possession POSSESS with intent to      1,869        

sell, or sell, or deliver, as and for maple syrup or A maple       1,871        

sugar, an adulteration thereof PRODUCT THAT IS ADULTERATED AS      1,872        

DESCRIBED IN SECTION 3715.59 OF THE REVISED CODE OR IS MISBRANDED  1,874        

AS DESCRIBED IN SECTION 3715.60 OF THE REVISED CODE.               1,877        

      (B)  NO PERSON SHALL OFFER FOR SALE, POSSESS WITH INTENT TO  1,880        

SELL, SELL, OR DELIVER AN ADULTERATION OF A MAPLE PRODUCT IN A     1,881        

PACKAGE HAVING THE WORD "MAPLE" OR A COMPOUND THEREOF, AS THE      1,882        

NAME OR PART OF THE NAME OF THE CONTENTS OF THE PACKAGE, OR IN A   1,883        

PACKAGE BEARING A DEVICE OR ILLUSTRATION SUGGESTIVE OF A MAPLE     1,884        

PRODUCT OR THE MANUFACTURE OF A MAPLE PRODUCT.                     1,885        

      (C)  NO PERSON SHALL SELL, DELIVER, OFFER FOR SALE, OR       1,888        

POSSESS WITH INTENT TO SELL A PACKAGED MAPLE PRODUCT WITHOUT A     1,889        

LABEL THAT COMPLIES WITH RULES ADOPTED UNDER SECTION 3715.02 OF    1,890        

THE REVISED CODE.                                                               

      (D)  NO PERSON SHALL REPRESENT AN IMITATION MAPLE PRODUCT,   1,893        

AS DEFINED IN RULES ADOPTED UNDER SECTION 3715.02 OF THE REVISED   1,894        

CODE, AS A MAPLE PRODUCT.                                                       

      Sec. 3715.27.  (A)  AS USED IN THIS SECTION, "CIDER" MEANS   1,897        

THE UNFERMENTED JUICE, OBTAINED BY MECHANICALLY EXPRESSING THE     1,898        

                                                          38     

                                                                 
JUICE FROM SOUND, MATURE, NON-CITRUS FRUIT, FROM WHICH IS REMOVED  1,899        

EXCESS PULP AND SEEDS, OTHER THAN EMBRYONIC SEEDS AND SMALL        1,900        

FRAGMENTS OF SEEDS THAT CANNOT BE SEPARATED BY GOOD MANUFACTURING  1,901        

PRACTICE.  THE CIDER MAY CONTAIN NATURAL OR ARTIFICIAL CITRIC      1,902        

ACID, PRESERVATIVES AUTHORIZED BY RULES ADOPTED UNDER SECTION      1,903        

3715.02 OF THE REVISED CODE, OR A COMBINATION THEREOF.             1,904        

      (B)  FOR THE MANUFACTURE OF APPLE CIDER, A MECHANICAL        1,907        

WASHING AND SCRUBBING DEVICE SHALL BE USED TO REMOVE ORCHARD SOIL  1,908        

AND DIRT FROM THE FRUIT PRIOR TO CRUSHING.  THIS DEVICE SHALL BE   1,909        

EQUIPPED WITH AUTOMATIC SCRUBBING BRUSHES AND A MEANS TO           1,910        

CHLORINATE THE WATER USED AS THE WASHING LIQUID.                   1,911        

      (C)  A COMPLETE LABEL THAT COMPLIES WITH RULES ADOPTED       1,914        

UNDER SECTION 3715.02 OF THE REVISED CODE SHALL BE PLACED ON EACH  1,917        

PACKAGE OF CIDER DESIGNED FOR SALE TO THE ULTIMATE CONSUMER.       1,918        

      (D)  NO PERSON SHALL FAIL TO COMPLY WITH DIVISION (B) OR     1,921        

(C) OF THIS SECTION.                                                            

      Sec. 3715.59.  Food is adulterated within the meaning of     1,930        

sections 3715.01, 3715.02, and 3715.52 to 3715.72, inclusive, of   1,932        

the Revised Code, if:                                                           

      (A)  It bears or contains any poisonous or deleterious       1,934        

substance which may render it injurious to health; but in case     1,935        

the substance is not an added substance, such food shall not be    1,936        

considered adulterated if the quantity of such substance in such   1,937        

food does not ordinarily render it injurious to health.                         

      (B)  It bears or contains any added poisonous or added       1,939        

deleterious substance which is unsafe within the meaning of        1,940        

section 3715.62 of the Revised Code.                                            

      (C)  It consists in whole or in part of a diseased,          1,942        

contaminated, filthy, putrid, or decomposed substance, or if it    1,943        

is otherwise unfit for food.                                                    

      (D)  It has been produced, processed, prepared, packed, or   1,945        

held under insanitary conditions whereby it may have become        1,946        

contaminated with filth, or whereby it may have been rendered      1,947        

diseased, unwholesome, or injurious to health.                     1,948        

                                                          39     

                                                                 
      (E)  It is the product of a diseased animal or an animal     1,950        

which has died otherwise than by slaughter, or that has been fed   1,951        

upon the uncooked offal from a slaughterhouse.                     1,952        

      (F)  Its container is composed, in whole or in part, of any  1,954        

poisonous or deleterious substance which may render the contents   1,955        

injurious to health.                                                            

      (G)  Any valuable constituent has been, in whole or in       1,957        

part, omitted or abstracted therefrom.                             1,958        

      (H)  Any substance has been substituted wholly or in part    1,960        

therefor.                                                                       

      (I)  Damage or inferiority has been concealed in any         1,962        

manner.                                                                         

      (J)  Any substance has been added thereto or mixed or        1,964        

packed therewith so as to increase its bulk or weight, or reduce   1,965        

its quality or strength or make it appear better or of greater     1,966        

value than it is.                                                               

      (K)  It is confectionery, and it bears or contains any       1,968        

alcohol or nonnutritive article or substance except harmless       1,969        

coloring, harmless flavoring, harmless resinous glaze not in       1,970        

excess of four-tenths of one per cent, harmless natural wax not    1,971        

in excess of four-tenths of one per cent, harmless natural gum,                 

and pectin; provided, that this division shall not apply to any    1,972        

confectionery by reason of its containing less than one-half of    1,973        

one per cent by volume of alcohol derived solely from the use of   1,974        

flavoring extracts, or to any chewing gum by reason of its         1,975        

containing harmless nonnutritive masticatory substances.                        

      (L)  It bears or contains a coal-tar color other than one    1,977        

from a batch which has been certified under authority of the       1,978        

"Federal Food, Drug and Cosmetic Act."                             1,979        

      Sec. 3715.60.  Food is misbranded within the meaning of      1,988        

sections 3715.01, 3715.02, and 3715.52 to 3715.72, inclusive, of   1,990        

the Revised Code, if:                                              1,991        

      (A)  Its labeling is false or misleading in any particular.  1,993        

      (B)  It is offered for sale under the name of another food.  1,995        

                                                          40     

                                                                 
      (C)  Its container is so made, formed, or filled as to be    1,997        

misleading.                                                        1,998        

      (D)  It is an imitation of another food, unless its label    2,000        

bears in type of uniform size and prominence, the word             2,001        

"imitation," and immediately thereafter the name of the food       2,002        

imitated.                                                          2,003        

      (E)  When it is in package form, it does not bear a label    2,005        

containing:                                                        2,006        

      (1)  The name and place of business of the manufacturer,     2,008        

packer, or distributor;                                            2,009        

      (2)  An accurate statement of the quantity of the contents   2,011        

in terms of weight, measure, or numerical count; provided, that    2,012        

reasonable variations shall be permitted, and exemptions as to     2,013        

small packages shall be established by regulations prescribed      2,014        

RULES ADOPTED by the director of agriculture.                      2,016        

      (F)  Any word, statement, or other information required by   2,018        

or under authority of sections 3715.01, 3715.02, and 3715.52 to    2,020        

3715.72, inclusive, of the Revised Code, to appear on the label    2,021        

or labeling is not prominently placed thereon with such            2,022        

conspicuousness as compared with other words, statements,          2,023        

designs, or devices, in the labeling, and in such terms as to      2,024        

render it likely to be read and understood by the ordinary         2,025        

individual under customary conditions of purchase and use.         2,026        

      (G)  It purports to be, or is represented as, a food for     2,028        

which a definition and standard of identity have been prescribed   2,029        

by law STATUTE, or by any regulation promulgated RULE ADOPTED      2,031        

under AN existing law STATUTE, or by regulations RULE as provided  2,032        

by section 3715.58 3715.02 of the Revised Code, unless:            2,034        

      (1)  It conforms to such definition and standard;.           2,036        

      (2)  Its label bears the name of the food specified in the   2,038        

definition and standard, and, insofar as may be required by such   2,039        

law STATUTE or regulations RULES, the common names of optional     2,041        

ingredients, other than spices, flavoring, and coloring, present   2,042        

in such food.                                                                   

                                                          41     

                                                                 
      (H)  It purports to be or is represented as:                 2,044        

      (1)  A food for which a standard of quality has been         2,046        

prescribed by regulations RULE as provided by section 3715.58      2,048        

3715.02 of the Revised Code and its quality falls below such THE   2,049        

standard unless its label bears, in such THE manner and form as    2,051        

such regulations THAT THE RULES specify, a statement that it       2,053        

falls below such THE standard;                                                  

      (2)  A food for which a standard or standards of fill of     2,055        

container have been prescribed by regulations RULE as provided by  2,057        

section 3715.58 3715.02 of the Revised Code, and it falls below    2,059        

the standard of fill of container applicable thereto, unless its   2,060        

label bears, in such THE manner and form as such regulations THAT  2,062        

THE RULES specify, a statement that it falls below such THE        2,063        

standard.                                                                       

      (I)  It is not subject to the provisions of division (G) of  2,065        

this section, unless it bears labeling clearly giving:             2,066        

      (1)  The common or usual name of the food, if any;           2,068        

      (2)  In case it is fabricated from two or more ingredients,  2,070        

the common or usual name of each such ingredient; except that      2,071        

spices, flavorings, and colorings, other than those sold as such,  2,072        

may be designated as spices, flavorings, and colorings, without    2,073        

naming each; provided, that, to the extent that compliance with    2,074        

the requirements of division (I)(2) of this section is             2,075        

impractical or results in deception or unfair competition,         2,076        

exemptions shall be established by regulations promulgated RULES   2,077        

ADOPTED by the director; and provided that these requirements      2,079        

shall not apply to any carbonated beverage of which a full and     2,080        

correct statement of the ingredients, to the extent prescribed by  2,081        

division (I)(2) of this section, has been filed under oath with    2,082        

the director.                                                                   

      (J)  It purports to be or is represented to be for special   2,084        

dietary uses, unless its label bears such information concerning   2,085        

its vitamin, mineral, and other dietary properties as is provided  2,086        

by regulations RULES proposed by the director and adopted by the   2,087        

                                                          42     

                                                                 
public health council, as necessary, in order to fully inform      2,089        

purchasers as to its value for such uses.                          2,090        

      (K)  It bears or contains any artificial flavoring,          2,092        

artificial coloring, or chemical preservative, unless it bears     2,093        

labeling stating that fact; provided, that to the extent that      2,094        

compliance with the requirements of this division is               2,095        

impracticable, exemptions shall be established by regulations      2,096        

RULES proposed by the director and adopted by the public health    2,097        

council.                                                           2,098        

      Sec. 3715.69.  The authority to adopt regulations RULES for  2,107        

the enforcement of section 3715.58 3715.02, divisions (E), (G),    2,110        

(H), and (I) of section 3715.60, division (A) (2) of section       2,112        

3715.64, and section 3715.67 of the Revised Code is vested in the  2,113        

director of agriculture.  The authority to adopt regulations                    

RULES for the enforcement of sections 3715.01 and 3715.52 to       2,115        

3715.72, inclusive, of the Revised Code, excluding section         2,117        

3715.58, divisions (E), (G), (H), and (I) of section 3715.60,      2,119        

division (A) (2) of section 3715.64, and section 3715.67 of the    2,120        

Revised Code, is vested in the public health council, provided                  

that such regulations THE RULES are first proposed for adoption    2,122        

by the director or the board of pharmacy.  The regulations RULES   2,124        

adopted in so far as practicable shall conform with those          2,126        

promulgated under the "Federal Food, Drug and Cosmetic Act," 52    2,127        

STAT. 1040 (1938), 21 U.S.C.A. 301-395(1996)."                     2,128        

      Sec. 3715.99.  (A)  Whoever violates sections 3715.13 to     2,137        

3715.19, or 3715.38 of the Revised Code is guilty of a minor       2,139        

misdemeanor.                                                                    

      (B)  WHOEVER VIOLATES SECTION 3715.21 OF THE REVISED CODE    2,141        

IS GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE ON A FIRST         2,142        

OFFENSE AND A MISDEMEANOR OF THE FIRST DEGREE ON EACH SUBSEQUENT   2,143        

OFFENSE.                                                                        

      (C)  Whoever violates section 3715.22, 3715.25, 3715.26,     2,145        

3715.27, or 3715.34 of the Revised Code is guilty of a             2,146        

misdemeanor of the fourth degree.                                  2,147        

                                                          43     

                                                                 
      (C)(D)  Whoever violates section 3715.23 or 3715.36 of the   2,149        

Revised Code is guilty of a misdemeanor of the second degree.      2,150        

      (D)(E)  Whoever violates section 3715.52 or 3715.65 of the   2,152        

Revised Code is guilty of a misdemeanor of the fourth degree on a  2,153        

first offense; on each subsequent offense, the person is guilty    2,154        

of a misdemeanor of the second degree.                             2,155        

      (E)(F)  Whoever violates section 3715.521 of the Revised     2,157        

Code is guilty of a minor misdemeanor.  A violation of that        2,159        

section occurs on a daily basis, not according to the number of    2,160        

times per day that an expired drug, baby food, or infant formula   2,161        

is sold, offered for sale, or delivered at retail or to the        2,162        

consumer.  Each day of violation is a separate offense.            2,163        

      Sec. 3732.01.  As used in this chapter:                      2,172        

      (A)  "Food service operation" means a place, location,       2,174        

site, or separate area where food intended to be served in         2,175        

individual portions is prepared or served for a charge or          2,176        

required donation, including mobile food service operations,       2,177        

catering food service operations, temporary food service           2,178        

operations, seasonal food service operations, vending machine      2,179        

locations, and food delivery sales operations.  As used in this    2,181        

division, "served" means a response made to an order for one or    2,182        

more individual portions of food in a form that is edible without  2,183        

washing, cooking, or additional preparation and "prepared" means   2,184        

any action that affects a food other than receiving or             2,185        

maintaining it at the temperature at which it was received.                     

      "Food service operation" does not include any of the         2,187        

following:                                                                      

      (1)  A private home in which individuals related by blood,   2,189        

marriage, or law reside and in which the food that is prepared or  2,190        

served is intended only for those individuals and their nonpaying  2,191        

guests;                                                            2,192        

      (2)  A residential facility that accommodates not more than  2,194        

sixteen residents; is licensed, certified, registered, or          2,195        

otherwise regulated by the federal government or by the state or   2,196        

                                                          44     

                                                                 
a political subdivision of the state; and prepares food for or     2,197        

serves food to only the residents of the facility, the staff of    2,198        

the facility, and any nonpaying guests of residents or staff;      2,199        

      (3)  Churches, schools, fraternal or veterans'               2,201        

organizations, volunteer fire organizations, or volunteer          2,202        

emergency medical service organizations preparing or serving food  2,203        

intended for individual portion service on their premises for not  2,204        

more than seven consecutive days or not more than fifty-two        2,206        

separate days during a licensing period;                           2,207        

      (4)  Common carriers regulated by the federal government;    2,209        

      (5)  Food manufacturing or food processing operations        2,211        

regulated by the federal government or a state agency, as defined  2,212        

in section 1.60 of the Revised Code, other than the department of  2,213        

health;                                                            2,214        

      (6)  Operations other than mobile food service operations    2,216        

serving only frozen desserts; beverages, nuts, popcorn, candy, or  2,217        

similar confections; bakery products identified in section 911.01  2,218        

of the Revised Code; or any combination of these items;            2,219        

      (7)  Operations serving five or fewer individuals daily;     2,221        

      (8)  Type A and type B family day-care homes, as defined in  2,223        

section 5104.01 of the Revised Code;                               2,224        

      (9)  Vending machine locations where the only vending        2,226        

machines are machines that dispense foods exclusively from one or  2,227        

both of the following categories:                                  2,228        

      (a)  Prepackaged foods that are not potentially hazardous    2,230        

as defined in rules adopted by the public health council under     2,231        

section 3732.02 of the Revised Code;                               2,232        

      (b)  Nuts, panned or wrapped bulk chewing gum, or panned or  2,234        

wrapped bulk candies.                                              2,235        

      (10)  Places servicing vending machines at vending machine   2,237        

locations described in division (A)(9) of this section;            2,238        

      (11)  Commissaries servicing vending machines dispensing     2,240        

only milk, milk products, or frozen desserts that are under a      2,241        

state or federal inspection and analysis program;                  2,242        

                                                          45     

                                                                 
      (12)  Controlled location vending machine locations.  As     2,244        

used in this division, "controlled location vending machine        2,245        

location" means a vending machine location at which all of the     2,246        

following apply:                                                   2,247        

      (a)  The vending machines dispense only foods that are not   2,249        

potentially hazardous as defined in rules adopted by the public    2,250        

health council under section 3732.02 of the Revised Code;          2,251        

      (b)  The machines are designed to be filled and maintained   2,253        

in a sanitary manner by untrained persons;                         2,254        

      (c)  Minimal protection is necessary to ensure against       2,256        

contamination of food and equipment.                               2,257        

      (B)  "Catering food service operation" means a food service  2,259        

operation where food is prepared for serving at a function or      2,260        

event held at an off-premises site, for a charge determined on a   2,261        

per-function or per-event basis.                                   2,262        

      (C)  "Food" means any raw, cooked, or processed edible       2,264        

substance, ice, water, beverage, or ingredient used or intended    2,265        

for use in whole or in part for human consumption.                 2,266        

      (D)  "Food delivery sales operation" means a food service    2,268        

operation from which individual portions of food are ordered by a  2,269        

customer, prepared at another food service operation, and          2,270        

delivered to the customer by a person other than an employee of    2,271        

the food service operation that prepared the food.                 2,272        

      (E)  "Frozen desserts" has the same meaning as in section    2,274        

3717.51 917.01 of the Revised Code.                                2,275        

      (F)  "Government entity" means the state, a political        2,277        

subdivision of the state, another state, or a political            2,278        

subdivision or other local body of another state.                  2,279        

      (G)  "Licensee" means the person or government entity        2,281        

holding a license to operate a food service operation.             2,282        

      (H)  "Licensing period" means the period beginning the       2,284        

first day of March and ending the last day of February of the      2,285        

next succeeding year.                                              2,286        

      (I)  "Licensor" means either of the following:               2,288        

                                                          46     

                                                                 
      (1)  The board of health of a city or general health         2,290        

district, or the authority having the duties of a board of health  2,291        

under section 3709.05 of the Revised Code, approved by the         2,292        

director of health under section 3732.09 of the Revised Code;      2,293        

      (2)  The director of health acting pursuant to section       2,295        

3732.09 of the Revised Code.                                       2,296        

      (J)  "Mobile food service operation" means a food service    2,298        

operation that is operated from a movable vehicle, portable        2,299        

structure, or watercraft; routinely changes location; and does     2,300        

not remain at any one location for more than forty consecutive     2,301        

days.                                                              2,302        

      (K)  "Seasonal food service operation" means a food service  2,304        

operation, other than a mobile food service operation, that is     2,305        

operated for not more than eight months in each licensing period.  2,306        

      (L)  "Temporary food service operation" means a food         2,308        

service operation that is operated at a single event for not more  2,309        

than five consecutive days, except when operated for more than     2,310        

five days pursuant to division (E)(2) of section 3732.03 of the    2,311        

Revised Code.                                                      2,312        

      (M)  "Vending machine" means a self-service device that,     2,314        

upon insertion of currency, tokens, or similar means,              2,315        

automatically dispenses a predetermined unit serving of food       2,316        

either in bulk or in package and does not require replenishing     2,317        

after each use.                                                    2,318        

      (N)  "Vending machine location" means an area or room where  2,320        

one or more vending machines are installed and operated, except    2,321        

that if the machines within an area are separated by more than     2,322        

one hundred fifty feet, each area separated by that distance       2,323        

constitutes a separate vending machine location.                   2,324        

      Sec. 3732.07.  (A)  A licensee whose principal business is   2,334        

a food service operation that includes the preparation and         2,335        

complete baking of pizza is not required to register the           2,336        

operation as a bakery under section 911.02 of the Revised Code.    2,337        

      (B)  A licensee whose principal business is a food service   2,339        

                                                          47     

                                                                 
operation that includes the sale of frozen desserts is not         2,340        

required to obtain a license under section 3717.52 3715.21 of the  2,342        

Revised Code for the sale and manufacture OPERATION of ICE CREAM   2,343        

FREEZERS FOR THE PURPOSE OF FREEZING, REFREEZING, OR HOLDING                    

FROZEN ANY frozen desserts TO BE SOLD AT RETAIL.                   2,344        

      Sec. 4736.01.  As used in sections 4736.01 to 4736.16 of     2,354        

the Revised Code:                                                  2,355        

      (A)  "Environmental health science" means the aspect of      2,357        

public health science that includes, but is not limited to, the    2,358        

following bodies of knowledge:  air quality, food quality and      2,359        

protection, hazardous and toxic substances, consumer product       2,360        

safety, housing, institutional health and safety, community noise  2,361        

control, radiation protection, recreational facilities, solid and  2,362        

liquid waste management, vector control, drinking water quality,   2,363        

milk sanitation, and rabies control.                               2,364        

      (B)  "Sanitarian" means a person who performs for            2,366        

compensation educational, investigational, technical, or           2,367        

administrative duties requiring specialized knowledge and skills   2,368        

in the field of environmental health science.                      2,369        

      (C)  "Registered sanitarian" means a person who is           2,371        

registered as a sanitarian in accordance with Chapter 4736. of     2,372        

the Revised Code.                                                  2,373        

      (D)  "Sanitarian-in-training" means a person who is          2,375        

registered as a sanitarian-in-training in accordance with Chapter  2,376        

4736. of the Revised Code.                                         2,377        

      (E)  "Practice of environmental health" means consultation,  2,379        

instruction, investigation, inspection, or evaluation by an        2,380        

employee of a city health district, a general health district,     2,381        

the Ohio environmental protection agency, the department of        2,382        

health, or the department of agriculture requiring specialized     2,383        

knowledge, training, and experience in the field of environmental  2,384        

health science, with the primary purpose of improving or           2,385        

conducting administration or enforcement under any of the          2,386        

following:                                                         2,387        

                                                          48     

                                                                 
      (1)  Chapter 911., 913., 917., 3717., 3721., 3732., or       2,389        

3733. of the Revised Code;                                         2,390        

      (2)  Chapter 3734. of the Revised Code as it pertains to     2,392        

solid waste;                                                       2,393        

      (3)  Section 955.26, 3701.344, 3707.01, OR 3707.03, or       2,395        

SECTIONS 3707.33 to 3707.99, OR SECTION 3715.21 of the Revised     2,397        

Code;                                                                           

      (4)  Rules adopted under section 3701.34 of the Revised      2,399        

Code pertaining to home sewage, rabies control, or swimming        2,400        

pools.                                                             2,401        

      "Practice of environmental health" does not include          2,403        

sampling, testing, controlling of vectors, reporting of            2,404        

observations, or other duties that do not require application of   2,405        

specialized knowledge and skills in environmental health science   2,406        

performed under the supervision of a registered sanitarian.        2,407        

      The state board of sanitarian registration may further       2,409        

define environmental health science in relation to specific        2,410        

functions in the practice of environmental health through rules    2,411        

adopted by the board under Chapter 119. of the Revised Code.       2,412        

      Sec. 4745.01.  (A)  "Standard renewal procedure," as used    2,422        

in Chapters 905., 907., 909., 911., 913., 915., 917., 918., 921.,  2,423        

923., 927., 942., 943., 953., 1321., 3710., 3713., 3717 3715.,     2,424        

3719., 3731., 3742., 3748., 3769., 3783., 3905., 3921., 3951.,     2,426        

4104., 4105., 4143., 4169., 4561., 4701., 4703., 4707., 4709.,     2,427        

4713., 4715., 4717., 4723., 4725., 4727., 4728., 4729., 4731.,     2,428        

4733., 4734., 4735., 4739., 4741., 4747., 4749., 4753., 4755.,     2,429        

4757., 4759., 4761., 4766., and 4773. of the Revised Code, means   2,430        

the license renewal procedures specified in this chapter.          2,431        

      (B)  "Licensing agency," as used in this chapter, means any  2,433        

department, division, board, section of a board, or other state    2,434        

governmental unit subject to the standard renewal procedure, as    2,435        

defined in this section, and authorized by the Revised Code to     2,436        

issue a license to engage in a specific profession, occupation,    2,437        

or occupational activity, or to have charge of and operate         2,438        

                                                          49     

                                                                 
certain specified equipment, machinery, or premises.               2,439        

      (C)  "License," as used in this chapter, means a license,    2,441        

certificate, permit, card, or other authority issued or conferred  2,442        

by a licensing agency by authority of which the licensee has or    2,443        

claims the privilege to engage in the profession, occupation, or   2,444        

occupational activity, or to have control of and operate certain   2,445        

specific equipment, machinery, or premises, over which the         2,446        

licensing agency has jurisdiction.                                 2,447        

      (D)  "Licensee," as used in this chapter, means either the   2,449        

person to whom the license is issued or renewed by a licensing     2,450        

agency, or the person, partnership, or corporation at whose        2,451        

request the license is issued or renewed.                          2,452        

      (E)  "Renewal" and "renewed," as used in this chapter and    2,454        

in the chapters of the Revised Code specified in division (A) of   2,455        

this section, includes the continuing licensing procedure          2,456        

provided in Chapter 3748. of the Revised Code and rules adopted    2,458        

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  2,459        

continuing licenses any reference in this chapter to the date of   2,460        

expiration of any license shall be construed to mean the due date  2,461        

of the annual or other fee for the continuing license.             2,462        

      Section 2.  That existing sections 121.04, 901.08, 901.43,   2,464        

911.02, 913.02, 913.23, 915.14, 915.24, 917.01, 917.08, 917.16,    2,466        

917.99, 3707.33, 3715.02, 3715.25, 3715.59, 3715.60, 3715.69,                   

3715.99, 3732.01, 3732.07, 4736.01, and 4745.01 and sections       2,468        

917.02, 917.03, 917.04, 917.05, 917.06, 917.07, 917.09, 917.10,    2,469        

917.11, 917.18, 917.19, 917.20, 917.21, 917.22, 917.23, 3707.34,   2,470        

3715.24, 3715.26, 3715.27, 3715.58, 3717.01, 3717.02, 3717.021,    2,471        

3717.03, 3717.06, 3717.07, 3717.08, 3717.09, 3717.10, 3717.11,     2,472        

3717.12, 3717.13, 3717.16, 3717.17, 3717.18, 3717.20, 3717.21,     2,473        

3717.24, 3717.25, 3717.26, 3717.27, 3717.28, 3717.29, 3717.30,     2,474        

3717.31, 3717.32, 3717.33, 3717.34, 3717.35, 3717.37, 3717.40,     2,475        

3717.41, 3717.42, 3717.43, 3717.45, 3717.47, 3717.48, 3717.49,     2,476        

3717.50, 3717.51, 3717.52, 3717.53, 3717.54, 3717.55, 3717.61,     2,477        

                                                          50     

                                                                 
3717.611, 3717.62, 3717.63, 3717.64, 3717.65, 3717.66, 3717.67,    2,478        

3717.68, 3717.69, and 3717.99 of the Revised Code are hereby       2,479        

repealed.                                                                       

      Section 3.  On the effective date of this act, all terms of  2,481        

office of members of the Milk Sanitation Board created under       2,482        

former section 3717.69 of the Revised Code shall expire.  Not      2,483        

later than thirty days after the effective date of this act, the   2,484        

Director of Agriculture shall appoint new members to the Milk      2,485        

Sanitation Board created under section 917.03 of the Revised Code               

as provided by that section.                                       2,486        

      The Milk Sanitation Board created under section 917.03 of    2,488        

the Revised Code is essentially a continuation of the Milk         2,489        

Sanitation Board created under former section 3717.69 of the       2,490        

Revised Code.  If a person who is a member of the Milk Sanitation  2,491        

Board created under former section 3717.69 of the Revised Code     2,492        

meets the qualifications for membership on the Milk Sanitation     2,493        

Board created under section 917.03 of the Revised Code, the        2,494        

Director may reappoint the person as a member of the Milk          2,495        

Sanitation Board created under section 917.03 of the Revised       2,496        

Code.                                                                           

      Section 4.  Chapters 901:3-9, 901:3-10, 901:3-11, 901:3-13,  2,498        

901:3-15, 901:3-17, 901:3-19, 901:3-21, 901:3-23, 901:3-25, and    2,499        

901:3-55 of the Ohio Administrative Code, to the extent that the   2,500        

provisions of those chapters are not in conflict with Chapter      2,501        

917. of the Revised Code, as amended by this act, shall remain in  2,503        

effect as rules adopted under section 917.02 of the Revised Code,  2,504        

as enacted by this act, until such time as those rules are duly    2,505        

amended or rescinded under that section.                                        

      Section 5.  Chapter 901:3-45 of the Ohio Administrative      2,507        

Code, to the extent that the provisions of that chapter are not    2,508        

in conflict with section 3715.25 of the Revised Code, as amended   2,509        

by this act, shall remain in effect as rules adopted under         2,510        

section 3715.02 of the Revised Code, as amended by this act,       2,511        

until such time as those rules are duly amended or rescinded       2,512        

                                                          51     

                                                                 
under that section.                                                             

      Section 6.  Section 3715.02 of the Revised Code is           2,514        

presented in this act as a composite of the section as amended by  2,515        

both Am. Sub. H.B. 152 and Am. Sub. S.B. 134 of the 120th General  2,516        

Assembly, with the new language of neither of the acts shown in    2,518        

capital letters.  This is in recognition of the principle stated   2,519        

in division (B) of section 1.52 of the Revised Code that such      2,520        

amendments are to be harmonized where not substantively            2,521        

irreconcilable and constitutes a legislative finding that such is  2,522        

the resulting version in effect prior to the effective date of     2,523        

this act.