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
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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
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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
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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
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(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
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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.