As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 223 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-PADGETT 8
_________________________________________________________________ 9
A B I L L
To amend sections 901.43, 911.01, 911.011, 911.02, 11
915.24, 2305.37, 3701.22, 3701.83, 3707.33, 12
3707.99, 3709.09, 3715.02, 3715.52, 3715.99, 13
3724.03, 3732.01, 3732.02, 3732.03, 3732.04, 14
3732.05, 3732.06, 3732.08, 3732.09, 3732.11, 15
3732.12, 3732.13, 3732.14, 3732.99, 4303.021,
4303.13, 4303.14, 4303.15, 4303.181, 4303.182, 16
4303.183, 4736.01, 4745.01, 5104.05, 5104.051, 17
5739.02, and 5739.11; to amend, for the purpose
of adopting new section numbers as indicated in 18
parentheses, sections 3732.01 (3717.01), 3732.02 19
(3717.51), 3732.03 (3717.43), 3732.04 (3717.45), 20
3732.05 (3717.46), 3732.06 (3717.12), 3732.08
(3717.47), 3732.09 (3717.11), 3732.10 (3717.13), 21
3732.11 (3717.49), 3732.12 (3717.50), 3732.13 22
(3717.52), 3732.14 (3717.09), and 3732.99 23
(3717.99); to enact sections 3715.511, 3717.02 to 24
3717.08, 3717.21 to 3717.33, 3717.41, 3717.42,
3717.44, and 3717.48; and to repeal sections 26
3707.38, 3715.21, 3715.211, and 3732.07 of the
Revised Code to make changes in the laws 27
pertaining to food service operations and to
require the licensing of retail food 28
establishments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 901.43, 911.01, 911.011, 911.02, 32
2
915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 3709.09, 33
3715.02, 3715.52, 3715.99, 3724.03, 3732.01, 3732.02, 3732.03, 35
3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.11, 3732.12, 37
3732.13, 3732.14, 3732.99, 4303.021, 4303.13, 4303.14, 4303.15, 38
4303.181, 4303.182, 4303.183, 4736.01, 4745.01, 5104.05, 39
5104.051, 5739.02, and 5739.11 be amended; sections 3732.01 40
(3717.01), 3732.02 (3717.51), 3732.03 (3717.43), 3732.04
(3717.45), 3732.05 (3717.46), 3732.06 (3717.12), 3732.08 41
(3717.47), 3732.09 (3717.11), 3732.10 (3717.13), 3732.11 42
(3717.49), 3732.12 (3717.50), 3732.13 (3717.52), 3732.14 43
(3717.09), and 3732.99 (3717.99) be amended for the purpose of 45
adopting new section numbers as indicated in parentheses; and 46
sections 3715.511, 3717.02, 3717.03, 3717.04, 3717.05, 3717.06, 48
3717.07, 3717.08, 3717.21, 3717.22, 3717.23, 3717.24, 3717.25, 49
3717.26, 3717.27, 3717.28, 3717.29, 3717.30, 3717.31, 3717.32, 50
3717.33, 3717.41, 3717.42, 3717.44, and 3717.48 of the Revised 52
Code be enacted to read as follows: 53
Sec. 901.43. (A) The director of agriculture may 62
authorize any department of agriculture laboratory to perform a 64
laboratory service for any person, organization, political 66
subdivision, state agency, federal agency, or other entity, 68
whether public or private, and may charge a reasonable fee for 70
performance of the laboratory service. THE 71
(B) The director shall adopt and enforce rules to provide 74
for the rendering of a laboratory service and may. 75
(B) THE DIRECTOR MAY CHARGE A REASONABLE FEE FOR THE 77
PERFORMANCE OF A LABORATORY SERVICE, EXCEPT WHEN THE SERVICE IS 79
PERFORMED ON AN OFFICIAL SAMPLE TAKEN BY THE DIRECTOR ACTING 81
PURSUANT TO TITLE IX, CHAPTER 3715., OR CHAPTER 3717. OF THE 83
REVISED CODE; BY A BOARD OF HEALTH ACTING AS THE LICENSOR OF 85
RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE OPERATIONS UNDER 86
CHAPTER 3717. OF THE REVISED CODE; OR BY THE DIRECTOR OF HEALTH 88
ACTING AS THE LICENSOR OF FOOD SERVICE OPERATIONS UNDER CHAPTER 89
3717. OF THE REVISED CODE. THE DIRECTOR OF AGRICULTURE SHALL 90
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ADOPT RULES SPECIFYING WHAT CONSTITUTES AN OFFICIAL SAMPLE. 91
THE DIRECTOR SHALL publish a list of laboratory services 94
offered, together with the fee for each service. 96
(C) The director may enter into a contract with any 98
person, organization, political subdivision, state agency, 100
federal agency, or other entity for the provision of a laboratory 102
service.
(D)(1) The director may adopt rules specifying what 104
constitutes an official sample. 105
(2) The director shall not charge a fee for a laboratory 107
service performed on an official sample, but may charge a fee for 108
any other sample taken or laboratory service performed by the 109
department.
(E)(1) The director may adopt rules establishing standards 112
for accreditation of laboratories and laboratory services and in 113
doing so may adopt by reference existing or recognized standards 114
or practices.
(2) The director may inspect and accredit laboratories and 117
laboratory services, and may charge a reasonable fee for the 118
inspections and accreditation.
(F)(E)(1) All moneys collected by the director under this 121
section that are from fees generated by a laboratory service 122
performed by the department and related to the diseases of
animals, and all moneys so collected that are from fees generated 123
for the inspection and accreditation of laboratories and 124
laboratory services related to the diseases of animals, shall be 125
deposited in the animal industry laboratory fund, which is hereby 126
created in the state treasury. The director shall use the moneys 127
in the animal industry laboratory fund to purchase supplies and 128
equipment for the laboratory that provides laboratory services 129
related to the diseases of animals. 130
(2) All moneys collected by the director under this 133
section that are from fees generated by a laboratory service 134
performed by the consumer analytical laboratory, and all moneys 135
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so collected that are from fees generated for the inspection and
accreditation of laboratories and laboratory services not related 136
to weights and measures or the diseases of animals, shall be 138
deposited in the laboratory services fund, which is hereby 140
created in the state treasury. The moneys held in the fund may 141
be used to pay the expenses necessary to operate the consumer 142
analytical laboratory, including the purchase of supplies and
equipment. 143
(3) All moneys collected by the director under this 145
section that are from fees generated by a laboratory service 146
performed by the weights and measures laboratory, and all moneys 147
so collected that are from fees generated for the inspection and 148
accreditation of laboratories and laboratory services related to 149
weights and measures, shall be deposited in the weights and 150
measures laboratory fund, which is hereby created in the state 151
treasury. The moneys held in the fund may be used to pay the 152
expenses necessary to operate the division of weights and 153
measures, including the purchase of supplies and equipment. 154
Sec. 911.01. (A) Except as provided in division (B) of 164
this section, "bakery," as AS used in sections 911.01 to 911.20 165
of the Revised Code, "BAKERY" means a building or part of a 166
building wherein is carried on the production, preparation, 167
packing, storing, display, or sale of bread, stuffed breads, 168
cake, pies, cookies, crackers, doughnuts, noodles, waffle cones, 169
pizza crusts for resale, or other bakery products, whether 170
frozen, fried, deep fried, or partially or completely baked, 171
including any separate room used for the convenience or 172
accommodation of the workers. Sections 911.02, 911.04, 911.11, 173
911.12, 911.13, and 911.15 of the Revised Code do not apply to 174
retail stores where bakery products are sold but not produced. 175
(B) "Bakery" does not mean a food service operation 177
licensed under section 3732.03 of the Revised Code that includes 178
the preparation or serving of bakery products. 179
Sec. 911.011. (A) The preparation and serving of bakery 188
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products by a IF A PERSON OR GOVERNMENT ENTITY IS LICENSED UNDER 189
CHAPTER 3717. OF THE REVISED CODE AS A RETAIL FOOD ESTABLISHMENT 190
OR food service operation licensed under section 3732.03 of the 191
Revised Code, AND THE ACTIVITIES OF THE RETAIL FOOD ESTABLISHMENT 192
OR FOOD SERVICE OPERATION INCLUDE THE ACTIVITIES OF A BAKERY, THE 193
PERSON OR GOVERNMENT ENTITY shall be regulated under Chapter 3732 194
3717. of the Revised Code and not under this chapter. 195
(B) A bakery shall be regulated under this chapter and not 197
under Chapter 3732. of the Revised Code when either of the 199
following applies: 200
(1) The bakery only serves bakery products on its 202
premises;
(2) The bakery serves bakery products for consumption on 204
its premises and also serves frozen desserts, beverages, nuts, 206
popcorn, candy, or similar confections, dairy products, or any 207
combination of those items for consumption on its premises. 208
Sec. 911.02. Except as provided in division (A) of section 217
3732.07 911.011 of the Revised Code, each person, firm, 220
partnership, or corporation that owns or operates a bakery shall 221
register each bakery that it owns or operates with the director 223
of agriculture. For the registration, the owner or operator of 225
each bakery shall pay an annual fee of thirty dollars for a 226
production capacity of one thousand pounds of bakery product per 227
hour or less and an annual fee of thirty dollars for each one 228
thousand pounds of bakery product per hour capacity, or part 229
thereof, in excess of one thousand pounds of bakery product per 230
hour. 231
Any person who owns or operates a home bakery with only one 233
oven, in a stove of ordinary home kitchen design and located in a 234
home, used for the baking of baked goods to be sold, shall pay a 235
sum of ten dollars annually for registration regardless of the 236
capacity of the home bakery oven. The registration shall be 239
renewed annually by the thirtieth day of September and shall be 240
renewed according to the standard renewal procedure of Chapter 241
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4745. of the Revised Code. The registration of the bakery shall 242
show the location, including municipal corporation, street, and 243
number, the name of the owner, and the name of the operator. The 244
application for registration shall be made on a form prescribed 245
and provided by the director. All moneys received from 246
registration fees and fines collected under sections 911.01 to 247
911.20 of the Revised Code shall be deposited with the treasurer 248
of state to the credit of the food safety fund created in section 249
915.24 of the Revised Code. All annual renewal registration fees 251
required by this section shall be paid by the applicant for the 252
renewal to the treasurer of state for deposit into the food 254
safety fund. 255
No bakery product that is manufactured in an out-of-state 257
bakery shall be sold or offered for sale within this state unless 258
the bakery is in compliance with sections 911.01 to 911.20 of the 261
Revised Code, and is registered, having paid the annual
registration fee. 262
Registration of out-of-state bakeries is not required if a 264
reciprocal agreement is in effect whereby a bakery located in 265
this state is not subject to a license or registration fee by the 266
receiving state or a political subdivision thereof. 267
Sec. 915.24. (A) There is hereby created in the state 276
treasury the food safety fund. All of the following moneys shall 279
be credited to the fund:
(1) Bakery registration fees and fines received under 281
sections 911.02 to 911.20 of the Revised Code; 283
(2) Cannery license fees and renewal fees received under 285
sections 913.01 to 913.05 of the Revised Code; 286
(3) Moneys received under sections 913.22 to 913.28 of the 288
Revised Code; 289
(4) License fees, fines, and penalties recovered for the 291
violation of sections 915.01 to 915.12 of the Revised Code; 292
(5) License fees collected under sections 915.14 to 915.23 294
and under section 3715.21 of the Revised Code; 296
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(6) LICENSE FEES, OTHER FEES, AND FINES COLLECTED BY OR 298
FOR THE DIRECTOR OF AGRICULTURE UNDER CHAPTER 3717. OF THE 300
REVISED CODE.
(B) The director of agriculture shall use the moneys 302
deposited into the food safety fund to administer and enforce the 305
laws pursuant to which the moneys were collected.
Sec. 2305.37. (A) As used in this section: 314
(1) "Agency" means any nonhospital, charitable nonprofit 316
corporation that is organized and operated pursuant to Chapter 317
1702. of the Revised Code and that satisfies both of the 318
following, or any nonhospital, charitable association, group, 319
institution, organization, or society that is not organized and 321
not operated for profit and that satisfies both of the following: 322
(a) It distributes perishable food, directly or 324
indirectly, to individuals in need. 325
(b) It does not charge or accept any form of compensation 327
from the individuals in need for the distribution of the 328
perishable food to them. 329
(2) "Food service operation" has the same meaning as in 331
section 3732.01 3717.01 of the Revised Code. 332
(3) "Food that is gleaned" means perishable food that 334
remains on a farm or other real property and that the owner, 335
lessee, renter, or operator of the property permits one or more 336
persons to salvage free-of-charge for subsequent donation to one 337
or more agencies.
(4) "Harm" means injury, death, or loss to person or 339
property. 340
(5) "Hospital" has the same meaning as in section 2108.01, 342
3701.01, or 5122.01 of the Revised Code. 343
(6) "Individuals in need" means those persons who an 345
agency determines are eligible to receive free distributions of 346
perishable food because of poverty, illness, disability, infancy, 347
or other conditions or circumstances that may result in persons 348
having a need to receive free distributions of perishable food. 349
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(7) "Perishable food" means any food that may spoil or 351
otherwise become unfit for human consumption because of its 352
nature, age, or physical condition. "Perishable food" includes, 353
but is not limited to, fresh meats, processed meats, poultry, 354
fish and other seafood, dairy products, bakery products, eggs in 355
the shell, fresh fruits, fresh vegetables, food that is gleaned, 356
food that is packaged, refrigerated, or frozen, food that is 357
canned, and prepared or other food that has not been served by a 358
restaurant, cafeteria, hospital, hotel, caterer, or other food 359
service operation to any customer, patient, or other person in 360
the ordinary course of business, by a public or private school, 361
college, university, or other educational institution to a 362
student or another person on the premises in the ordinary course 363
of the operation of the institution, or by a fraternal, 364
veteran's, or other organization to its members or other persons 365
on the premises in the ordinary course of the operation of the 366
organization.
(8) "Person" has the same meaning as in section 1.59 of 368
the Revised Code and additionally includes governmental entities. 369
(9) "Sale date" has the same meaning as in section 371
3715.171 of the Revised Code. 372
(10) "Tort action" means a civil action for damages for 374
injury, death, or loss to person or property. "Tort action" 375
includes a product liability claim but does not include a civil 377
action for a breach of contract or another agreement between 378
persons.
(B) Notwithstanding Chapter 3715. of the Revised Code, a 380
person who, in good faith, donates perishable food to an agency 381
is not liable in damages in a tort action for harm that allegedly 382
arises because that perishable food, when distributed by the 383
agency or any other agency to a particular individual in need, is 384
not fit for human consumption, if both of the following apply: 385
(1) Prior to the donation of the perishable food to the 387
agency, the person determines that the perishable food will be 388
9
fit for human consumption at the time of its donation. A 389
presumption favoring liability does not arise because the 390
perishable food is donated to an agency on or after an applicable 391
sale date. 392
(2) The person does not make the determination that the 394
perishable food will be fit for human consumption at the time of 395
its donation to the agency in a manner that constitutes 396
negligence or willful or wanton misconduct. 397
(C)(1) This section does not create a new cause of action 399
or substantive legal right against persons who donate perishable 400
food to an agency.
(2) This section does not affect any immunities from or 402
defenses to tort liability established by another section of the 403
Revised Code or available at common law to which persons who 404
donate perishable food other than to agencies may be entitled. 405
Sec. 3701.22. The department of health shall maintain a 414
chemical and bacteriological laboratory for the examination 415
FOLLOWING:
(A) EXAMINATION of public water supplies, and the effluent 418
of sewage purification works, for the diagnosis;
(B) DIAGNOSIS of diphtheria, typhoid fever, hydrophobia, 421
glanders, and such other diseases as it deems necessary, and for 422
the examination of food suspected to be the cause of disease. 423
The department shall examine and report to the director of
environmental protection and the public each year the condition 424
of all public water supplies; 425
(C) ANALYSIS OF PATIENT SPECIMENS AND FOOD SAMPLES 427
NECESSARY FOR INVESTIGATION OF FOODBORNE ILLNESSES. IN FOODBORNE 428
ILLNESS INVESTIGATIONS, THE LABORATORY SHALL COOPERATE AND 429
CONSULT WITH THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO 430
SECTION 3715.02 OF THE REVISED CODE.
Sec. 3701.83. (A) There is hereby created in the state 439
treasury the general operations fund. Moneys in the fund shall 440
be used for the purposes specified in sections 3701.04, 3701.344, 441
10
3701.88, 3702.20, 3710.15, 3711.021, 3717.45, 3721.02, 3722.04, 443
3732.04, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 445
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 446
of the Revised Code.
(B) The alcohol testing program fund is hereby created in 449
the state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program 450
authorized by section 3701.143 of the Revised Code. 451
The fund shall receive transfers from the liquor control 454
fund created under section 4301.12 of the Revised Code. All 455
investment earnings of the alcohol testing program fund shall be 456
credited to the fund.
Sec. 3707.33. The board of health of a city or general 465
health district may appoint, define the duties of, and fix the 466
compensation of the number of inspectors of shops, wagons, 467
appliances, and meat, and the number of other persons necessary 468
to carry out this chapter, CHAPTER 3717. OF THE REVISED CODE, 469
and, if applicable, to carry out any duties assumed by the board 470
under an agreement entered into under division (B) of section 471
917.02 of the Revised Code. Inspectors for those purposes may 473
enter any house, vehicle, or yard. The board may authorize the 474
health commissioner to perform the duties of the inspectors. 475
Sec. 3707.99. (A) Whoever violates section 3707.03 of the 484
Revised Code, unless good and sufficient reason therefor is 485
shown, is guilty of a minor misdemeanor. 486
(B) Whoever violates section 3707.38 of the Revised Code 488
is guilty of a minor misdemeanor. 490
(C) Whoever violates section 3707.48 of the Revised Code 492
is guilty of a minor misdemeanor on a first offense; on each 494
subsequent offense such person is guilty of a misdemeanor of the 495
fourth degree.
Sec. 3709.09. (A) The board of health of a city or 504
general health district may, by rule, establish a uniform system 505
of fees to pay the costs of any services provided by the board. 506
11
Fees for services provided by the board for purposes specified in 507
sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04, 3733.25, 509
and 3749.04 of the Revised Code shall be established in 510
accordance with rules adopted under division (B) of this section. 511
The district advisory council, in the case of a general health 512
district, and the legislative authority of the city, in the case 513
of a city health district, may disapprove any fee established by 514
the board of health under this division, and any such fee, as 515
disapproved, shall not be charged by the board of health. 516
(B)(1) The public health council shall adopt rules under 519
section 111.15 of the Revised Code that establish fee categories 520
and uniform methodologies for use in calculating the costs of 521
services provided for purposes specified in sections 3701.344, 522
3711.05, 3730.03, 3732.04, 3733.04, 3733.25, and 3749.04 of the 523
Revised Code. In adopting the rules, the public health council 524
shall consider recommendations it receives from advisory boards 525
established either by statute or the director of health for 526
entities subject to the fees.
(2) As used in this division, "licensor" and "vending 528
machine location" have the same meanings as in section 3732.01 of 529
the Revised Code. 530
The public health council shall, under its rules, prohibit 532
licensors from increasing fees under section 3732.04 of the 534
Revised Code for vending machine locations by a percentage of 535
increase over the previous year's fee that exceeds the percentage 536
of increase in the consumer price index for all urban consumers 537
(United States city average, all items), prepared by the United 538
States department of labor, bureau of labor statistics, for the 539
immediately preceding calendar year. 540
(C) At least thirty days prior to establishing a fee for a 542
service provided by the board for a purpose specified in section 543
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the 544
Revised Code, a board of health shall notify any entity that 545
would be affected by the proposed fee of the amount of the 546
12
proposed fee. A board of health shall give notice in accordance 547
with section 3732.04 of the Revised Code of the hearing regarding 548
a proposed fee for a service provided for the purpose specified 550
in that section. 551
Sec. 3715.02. (A) The director of agriculture shall adopt 560
rules in accordance with Chapter 119. of the Revised Code that 562
establish, when otherwise not established by a law of this state, 564
definitions for a food or class of food and standards for the 565
following items as they pertain to the food or class of food: 566
(1) Quality, identity, purity, grade, and strength; 569
(2) Packaging and labeling; 571
(3) Food processing equipment; 573
(4) Processing procedures; 575
(5) Fill of containers. 577
The standards and definitions, where applicable, shall 579
conform to the standards for foods adopted by the United States 580
department of agriculture. The rules, where applicable, shall 582
conform to and be the same as the regulations adopted for the 583
enforcement of the "Federal Food, Drug, and Cosmetic Act," 52 584
Stat. 1040 (1938), 21 U.S.C.A. 301 et seq., as amended. 585
(B) The director shall adopt rules in accordance with 588
Chapter 119. of the Revised Code that establish, when otherwise 592
not established by a law of this state, standards for food 593
establishment facilities and sanitation of food establishments. 594
As used in this division, "food establishment" means a 596
premises or part of a premises, other than a food service 597
operation as defined in section 3732.01 of the Revised Code, 600
where food is prepared, processed, stored, manufactured, 601
transported, or otherwise held or handled for sale or 602
distribution.
(C) In adopting rules that establish definitions and 605
standards of identity for a food or class of food in which only a 606
limited number of optional ingredients are permitted, the 607
director shall designate the optional ingredients that must be 608
13
listed on the label.
(B) THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH 611
CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH PROCEDURES FOR
THE PERFORMANCE OF SAMPLE ANALYSES OF FOOD, FOOD ADDITIVES, AND 612
FOOD PACKAGING MATERIALS. THE CIRCUMSTANCES UNDER WHICH A SAMPLE 613
ANALYSIS MAY BE REQUIRED INCLUDE THE FOLLOWING: 614
(1) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 616
IS THE SUBJECT OF A CONSUMER COMPLAINT; 617
(2) WHEN REQUESTED BY A CONSUMER AFTER A PHYSICIAN HAS 619
ISOLATED AN ORGANISM FROM THE CONSUMER AS THE PHYSICIAN'S 620
PATIENT;
(3) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 622
IS SUSPECTED OF HAVING CAUSED AN ILLNESS; 623
(4) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 625
IS SUSPECTED OF BEING ADULTERATED OR MISBRANDED; 626
(5) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 628
IS SUBJECT TO VERIFICATION OF FOOD LABELING AND STANDARDS OF 629
IDENTITY;
(6) AT ANY OTHER TIME THE DIRECTOR CONSIDERS A SAMPLE 631
ANALYSIS NECESSARY.
(C) IN FOODBORNE ILLNESS INVESTIGATIONS, THE DIRECTOR OF 633
AGRICULTURE SHALL COOPERATE AND CONSULT WITH THE LABORATORY 634
MAINTAINED BY THE DEPARTMENT OF HEALTH UNDER SECTION 3701.22 OF 635
THE REVISED CODE.
(D) The director or the director's designee shall do all 638
of the following: 639
(1) Inspect drugs, food, or drink manufactured, stored, or 642
offered for sale in the THIS state; 643
(2) Prosecute or cause to be prosecuted each person 645
engaged in the unlawful manufacture or sale of an adulterated 647
drug or article of food or drink, in violation of law; 648
(3) Enforce all laws against fraud, adulteration, or 650
impurities in drugs, foods, or drinks and unlawful labeling 652
within the THIS state.
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(E) The director may appoint or contract for one or more 655
qualified persons to enforce the provisions of this chapter. 656
Sec. 3715.52. (A) The following acts and causing them are 665
prohibited:
(1) The manufacture, sale, or delivery, holding or 667
offering for sale of any food, drug, device, or cosmetic that is 668
adulterated or misbranded; 669
(2) The adulteration or misbranding of any food, drug, 671
device, or cosmetic; 672
(3) The receipt in commerce of any food, drug, device, or 674
cosmetic that is adulterated or misbranded, and the delivery or 675
proffered delivery thereof for pay or otherwise; 676
(4) The sale, delivery for sale, holding for sale, or 678
offering for sale of any article in violation of section 3715.61 679
or 3715.65 of the Revised Code; 680
(5) The dissemination of any false advertisement; 682
(6) The refusal to permit entry or inspection, or to 684
permit the taking of a sample, as authorized by section 3715.70 685
of the Revised Code; 686
(7) The giving of a guaranty or undertaking that is false, 688
except by a person who relied on a guaranty or undertaking to the 690
same effect signed by, and containing the name and address of the 691
person residing in this state from whom the person received in 692
good faith the food, drug, device, or cosmetic; 694
(8) The removal or disposal of a detained or embargoed 696
article in violation of section 3715.55 OR 3715.551 of the 697
Revised Code; 698
(9) The alteration, mutilation, destruction, obliteration, 700
or removal of the whole or any part of the labeling of, or the 701
doing of any other act with respect to a food, drug, device, or 702
cosmetic, if the act is done while the article is held for sale 704
and results in the article being misbranded; 705
(10) Forging, counterfeiting, simulating, or falsely 707
representing, or without proper authority using any mark, stamp, 708
15
tag, label, or other identification device authorized or required 709
by rules adopted pursuant to sections 3715.52 to 3715.72 of the 712
Revised Code;
(11) The using, on the labeling of any drug or in any 714
advertisement relating to a drug, of any representation or 715
suggestion that any application with respect to the drug is 716
effective under section 3715.65 of the Revised Code or that the 718
drug complies with the provisions of that section; 719
(12) The using by any person to the person's own 721
advantage, or revealing, other than to the director of 722
agriculture or to the courts when relevant in any judicial 723
proceeding under sections 3715.52 to 3715.72 of the Revised Code, 724
any information acquired under authority of sections 3715.01 and 725
3715.52 to 3715.72 of the Revised Code, concerning any 726
information that as a trade secret is entitled to protection; 727
(13) The issuance by the manufacturer, packer, or 729
distributor of a dangerous drug of any advertisements, 730
catalogues, or price lists, except those lists specifically 731
designed for disseminating price change information, that do not 732
contain in clearly legible form the name and place of business of 733
the manufacturer who mixed the final ingredients and, if 734
different, the manufacturer who produced the drug in its finished 735
dosage form and, if different, the packer or distributor. 736
(B)(1) No person at a flea market shall sell, offer for 738
sale, or knowingly permit the sale of any of the following 739
products: 740
(a) Baby food, infant formula, or similar products; 743
(b) Any drug, cosmetic, or device; 745
(c) Any product on which is printed or stamped an 747
expiration date or a date recommended by the manufacturer as 748
either the last day on which the product should be offered for 749
sale or the last day on which the product should be used. 750
(2) Division (B)(1) of this section does not apply to a 753
person who keeps available for public inspection an 754
16
identification card identifying the person as an authorized 755
representative of the manufacturer or distributor of any drug, 756
cosmetic, or device, as long as the card is not false, 758
fraudulent, or fraudulently obtained.
(3) Division (B)(1)(c) of this section does not apply to a 761
person or governmental entity that is licensed as a RETAIL FOOD 762
ESTABLISHMENT OR food service operation under Chapter 3732 3717. 763
of the Revised Code or is listed in division (A)(9)(B)(10) or 764
(12)(13) of section 3732.01 3717.42 of the Revised Code. 766
(4) As used in division (B)(1) of this section, "flea 769
market" means any location, other than a permanent retail store,
at which space is rented or otherwise made available to others 770
for the conduct of business as transient or limited vendors as 771
defined in section 5739.17 of the Revised Code. 772
Sec. 3715.551. (A) AS USED IN THIS SECTION, "BOARD OF 774
HEALTH," "RETAIL FOOD ESTABLISHMENT," AND "FOOD SERVICE 775
OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 3717.01 OF THE 777
REVISED CODE.
(B) THE EMBARGOING OF A FOOD IN THE MANNER DESCRIBED UNDER 779
SECTION 3715.55 OF THE REVISED CODE MAY BE PERFORMED BY A BOARD 781
OF HEALTH APPROVED UNDER SECTION 3717.11 OF THE REVISED CODE TO 782
SERVE AS THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS OR FOOD 784
SERVICE OPERATIONS, THE DIRECTOR OF HEALTH ACTING UNDER SECTION 785
3717.11 OF THE REVISED CODE AS THE LICENSOR OF FOOD SERVICE 786
OPERATIONS, OR A REPRESENTATIVE AUTHORIZED TO ACT ON BEHALF OF 787
THE BOARD OF HEALTH OR DIRECTOR OF HEALTH.
THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN ACCORDANCE 789
WITH CHAPTER 119. OF THE REVISED CODE SPECIFYING THE CONDITIONS 791
UNDER WHICH A FOOD MAY BE EMBARGOED UNDER THIS SECTION AND THE 792
PROCEDURES THAT MUST BE FOLLOWED WHEN THAT ACTION IS TAKEN. 794
Sec. 3715.99. (A) Whoever violates sections 3715.13 to 803
3715.19, or 3715.38 of the Revised Code is guilty of a minor 805
misdemeanor.
(B) Whoever violates section 3715.21 of the Revised Code 807
17
is guilty of a misdemeanor of the second degree on a first 809
offense and a misdemeanor of the first degree on each subsequent 810
offense.
(C) Whoever violates section 3715.22, 3715.25, 3715.27, or 813
3715.34 of the Revised Code is guilty of a misdemeanor of the 814
fourth degree.
(D)(C) Whoever violates section 3715.23 or 3715.36 of the 816
Revised Code is guilty of a misdemeanor of the second degree. 817
(E)(D) Whoever violates section 3715.52 or 3715.65 of the 819
Revised Code is guilty of a misdemeanor of the fourth degree on a 820
first offense; on each subsequent offense, the person is guilty 821
of a misdemeanor of the second degree. 822
(F)(E) Whoever violates section 3715.521 of the Revised 824
Code is guilty of a minor misdemeanor. A violation of that 826
section occurs on a daily basis, not according to the number of 827
times per day that an expired drug, baby food, or infant formula 828
is sold, offered for sale, or delivered at retail or to the 829
consumer. Each day of violation is a separate offense. 830
Sec. 3732.01 3717.01. As used in this chapter: 839
(A) "OHIO BASIC FOOD CODE" MEANS THE FOOD SAFETY AND 841
RELATED STANDARDS ADOPTED UNDER SECTION 3717.05 OF THE REVISED 842
CODE.
(B) "FOOD" MEANS ANY RAW, COOKED, OR PROCESSED EDIBLE 844
SUBSTANCE INTENDED FOR USE IN WHOLE OR IN PART FOR HUMAN 845
CONSUMPTION. "FOOD" INCLUDES ICE, WATER OR ANY OTHER BEVERAGE, 846
FOOD INGREDIENTS, CHEWING GUM, AND OVER-THE-COUNTER DRUG, A 847
NUTRIENT USED IN LIEU OF A PHARMACEUTICAL, AND ANY PRODUCT USED 848
AS A DIETARY SUPPLEMENT.
(C) "RETAIL FOOD ESTABLISHMENT" MEANS A PREMISES OR PART 850
OF A PREMISES WHERE FOOD IS STORED, PROCESSED, PREPARED, 851
MANUFACTURED, OR OTHERWISE HELD OR HANDLED FOR RETAIL SALE. AS 852
USED IN THIS DIVISION, "RETAIL" MEANS THE SALE OF FOOD TO A 853
PERSON WHO IS THE ULTIMATE CONSUMER OF THE FOOD AND "PREPARED" 854
MEANS ANY ACTION THAT AFFECTS A FOOD, INCLUDING RECEIVING AND
18
MAINTAINING IT AT THE TEMPERATURE AT WHICH IT WAS RECEIVED. 855
EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "RETAIL FOOD 856
ESTABLISHMENT" INCLUDES A SEASONAL RETAIL FOOD ESTABLISHMENT AND 857
TEMPORARY RETAIL FOOD ESTABLISHMENT.
(D) "SEASONAL RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL 859
FOOD ESTABLISHMENT THAT IS OPERATED FOR NOT MORE THAN FOUR MONTHS 860
IN A LICENSING PERIOD. 861
(E) "TEMPORARY RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL 863
FOOD ESTABLISHMENT THAT IS OPERATED NOT MORE THAN TEN SEPARATE 864
TIMES IN A LICENSING PERIOD, EACH FOR NOT MORE THAN FIVE 865
CONSECUTIVE DAYS, EXCEPT WHEN OPERATED FOR MORE THAN FIVE 866
CONSECUTIVE DAYS PURSUANT TO DIVISION (E)(2) OF SECTION 3717.23 867
OF THE REVISED CODE.
(F) "Food service operation" means a place, location, 869
site, or separate area where food intended to be served in 870
individual portions is prepared or served for a charge or 871
required donation, including mobile food service operations, 872
catering food service operations, temporary food service 873
operations, seasonal food service operations, vending machine 874
locations, and food delivery sales operations. As used in this 876
division, "served" means a response made to an order for one or 877
more individual portions of food in a form that is edible without 878
washing, cooking, or additional preparation and "prepared" means 879
any action that affects a food other than receiving or 880
maintaining it at the temperature at which it was received.
"Food service operation" does not include any of the 882
following:
(1) A private home in which individuals related by blood, 884
marriage, or law reside and in which the food that is prepared or 885
served is intended only for those individuals and their nonpaying 886
guests; 887
(2) A residential facility that accommodates not more than 889
sixteen residents; is licensed, certified, registered, or 890
otherwise regulated by the federal government or by the state or 891
19
a political subdivision of the state; and prepares food for or 892
serves food to only the residents of the facility, the staff of 893
the facility, and any nonpaying guests of residents or staff; 894
(3) Churches, schools, fraternal or veterans' 896
organizations, volunteer fire organizations, or volunteer 897
emergency medical service organizations preparing or serving food 898
intended for individual portion service on their premises for not 899
more than seven consecutive days or not more than fifty-two 901
separate days during a licensing period; 902
(4) Common carriers regulated by the federal government; 904
(5) Food manufacturing or food processing operations 906
regulated by the federal government or a state agency, as defined 907
in section 1.60 of the Revised Code, other than the department of 908
health; 909
(6) Operations other than mobile food service operations 911
serving only frozen desserts; beverages, nuts, popcorn, candy, or 912
similar confections; bakery products identified in section 911.01 913
of the Revised Code; or any combination of these items; 914
(7) Operations serving five or fewer individuals daily; 916
(8) Type A and type B family day-care homes, as defined in 918
section 5104.01 of the Revised Code; 919
(9) Vending machine locations where the only vending 921
machines are machines that dispense foods exclusively from one or 922
both of the following categories: 923
(a) Prepackaged foods that are not potentially hazardous 925
as defined in rules adopted by the public health council under 926
section 3732.02 of the Revised Code; 927
(b) Nuts, panned or wrapped bulk chewing gum, or panned or 929
wrapped bulk candies. 930
(10) Places servicing vending machines at vending machine 932
locations described in division (A)(9) of this section; 933
(11) Commissaries servicing vending machines dispensing 935
only milk, milk products, or frozen desserts that are under a 936
state or federal inspection and analysis program; 937
20
(12) Controlled location vending machine locations. As 939
used in this division, "controlled location vending machine 940
location" means a vending machine location at which all of the 941
following apply: 942
(a) The vending machines dispense only foods that are not 944
potentially hazardous as defined in rules adopted by the public 945
health council under section 3732.02 of the Revised Code; 946
(b) The machines are designed to be filled and maintained 948
in a sanitary manner by untrained persons; 949
(c) Minimal protection is necessary to ensure against 951
contamination of food and equipment. 952
(B) EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "FOOD 954
SERVICE OPERATION" INCLUDES A CATERING FOOD SERVICE OPERATION, 955
FOOD DELIVERY SALES OPERATION, MOBILE FOOD SERVICE OPERATION, 956
SEASONAL FOOD SERVICE OPERATION, TEMPORARY FOOD SERVICE 957
OPERATION, AND VENDING MACHINE LOCATION.
(G) "Catering food service operation" means a food service 959
operation where food is prepared for serving at a function or 960
event held at an off-premises site, for a charge determined on a 961
per-function or per-event basis. 962
(C) "Food" means any raw, cooked, or processed edible 964
substance, ice, water, beverage, or ingredient used or intended 965
for use in whole or in part for human consumption. 966
(D)(H) "Food delivery sales operation" means a food 968
service operation from which individual portions of food are 969
ordered by a customer, prepared at another food service 970
operation, and delivered to the customer by a person other than 971
an employee of the food service operation that prepared the food. 972
(E) "Frozen desserts" has the same meaning as in section 974
917.01 of the Revised Code. 975
(F) "Government entity" means the state, a political 977
subdivision of the state, another state, or a political 978
subdivision or other local body of another state. 979
(G) "Licensee" means the person or government entity 981
21
holding a license to operate a food service operation. 982
(H) "Licensing period" means the period beginning the 984
first day of March and ending the last day of February of the 985
next succeeding year. 986
(I) "Licensor" means either of the following: 988
(1) The board of health of a city or general health 990
district, or the authority having the duties of a board of health 991
under section 3709.05 of the Revised Code, approved by the 992
director of health under section 3732.09 of the Revised Code; 993
(2) The director of health acting pursuant to section 995
3732.09 of the Revised Code. 996
(J)(I) "Mobile food service operation" means a food 998
service operation that is operated from a movable vehicle, 999
portable structure, or watercraft; AND THAT routinely changes 1,000
location; and does not remain, EXCEPT THAT IF THE OPERATION 1,002
REMAINS at any one location for more than forty consecutive days, 1,003
THE OPERATION IS NO LONGER A MOBILE FOOD SERVICE OPERATION, BUT 1,004
IS EITHER A DIFFERENT TYPE FOOD SERVICE OPERATION OR A RETAIL 1,005
FOOD ESTABLISHMENT ACCORDING TO THE ACTIVITIES BEING ENGAGED IN 1,006
AND THE TYPE OF FOOD BEING OFFERED FOR SALE. "MOBILE FOOD
SERVICE OPERATION" INCLUDES AN OPERATION THAT DOES NOT REMAIN AT 1,007
ANY ONE LOCATION FOR MORE THAN FORTY CONSECUTIVE DAYS AND SERVES 1,008
ONLY FROZEN DESSERTS; BEVERAGES, NUTS, POPCORN, CANDY, OR SIMILAR 1,009
CONFECTIONS; BAKERY PRODUCTS IDENTIFIED IN SECTION 911.01 OF THE 1,010
REVISED CODE; OR ANY COMBINATION OF THOSE ITEMS.
(K)(J) "Seasonal food service operation" means a food 1,012
service operation, other than a mobile food service operation, 1,013
that is operated for not more than eight months in each A 1,014
licensing period. 1,015
(L)(K) "Temporary food service operation" means a food 1,017
service operation that is operated at a single event for not more 1,018
than five consecutive days, except when operated for more than 1,019
five days pursuant to division (E)(2) of section 3732.03 3717.43 1,021
of the Revised Code. 1,022
22
(M) "Vending machine" means a self-service device that, 1,024
upon insertion of currency, tokens, or similar means, 1,025
automatically dispenses a predetermined unit serving of food 1,026
either in bulk or in package and does not require replenishing 1,027
after each use. 1,028
(N)(L) "Vending machine location" means an area or room 1,030
where one or more vending machines are installed and operated, 1,031
except that if the machines within an area are separated by more 1,032
than one hundred fifty feet, each area separated by that distance 1,033
constitutes a separate vending machine location. AS USED IN THIS 1,034
DIVISION, "VENDING MACHINE" MEANS A SELF-SERVICE DEVICE THAT 1,035
AUTOMATICALLY DISPENSES ON THE INSERTION OF CURRENCY, TOKENS, OR 1,036
SIMILAR MEANS A PREDETERMINED UNIT SERVING OF FOOD, EITHER IN 1,037
BULK OR IN PACKAGE, WITHOUT HAVING TO BE REPLENISHED AFTER EACH 1,038
USE.
(M) "BOARD OF HEALTH" MEANS A BOARD OF HEALTH OF A CITY OF 1,040
GENERAL HEALTH DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF A 1,041
BOARD OF HEALTH UNDER SECTION 3709.05 OF THE REVISED CODE. 1,042
(N) "GOVERNMENT ENTITY" MEANS THIS STATE, A POLITICAL 1,044
SUBDIVISION OF THIS STATE, ANOTHER STATE, OR A POLITICAL 1,045
SUBDIVISION OR OTHER LOCAL GOVERNMENT BODY OF ANOTHER STATE. 1,046
(O) "LICENSOR" MEANS ONE OF THE FOLLOWING: 1,048
(1) A BOARD OF HEALTH APPROVED UNDER SECTION 3717.11 OF 1,050
THE REVISED CODE;
(2) THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO SECTION 1,052
3717.11 OF THE REVISED CODE WITH RESPECT TO THE LICENSING OF 1,053
RETAIL FOOD ESTABLISHMENTS;
(3) THE DIRECTOR OF HEALTH ACTING PURSUANT TO SECTION 1,055
3717.11 OF THE REVISED CODE WITH RESPECT TO THE LICENSING OF FOOD 1,056
SERVICES OPERATIONS.
(P) "LICENSING PERIOD" MEANS THE FIRST DAY OF MARCH TO THE 1,059
LAST DAY OF FEBRUARY OF THE NEXT SUCCEEDING YEAR.
Sec. 3717.02. (A) THERE IS HEREBY CREATED THE RETAIL FOOD 1,062
SAFETY COUNCIL. THE COUNCIL SHALL CONSIST OF THE DIRECTOR OF 1,063
23
AGRICULTURE OR A PERSON THE DIRECTOR DESIGNATES, THE DIRECTOR OF
HEALTH OR A PERSON THE DIRECTOR DESIGNATES, AND TWELVE ADDITIONAL 1,065
MEMBERS APPOINTED JOINTLY BY THE DIRECTOR OF AGRICULTURE AND THE 1,066
DIRECTOR OF HEALTH, AS FOLLOWS:
(1) THREE PERSONS REPRESENTING THE INTERESTS OF RETAIL 1,068
FOOD ESTABLISHMENTS; 1,069
(2) THREE PERSONS REPRESENTING THE INTERESTS OF FOOD 1,071
SERVICE OPERATIONS; 1,072
(3) FOUR PERSONS REPRESENTING BOARDS OF HEALTH OR THE 1,074
HEALTH DEPARTMENTS OPERATED BY BOARDS OF HEALTH; 1,075
(4) ONE PERSON REPRESENTING THE ACADEMIC COMMUNITY WHO IS 1,077
KNOWLEDGEABLE IN FOOD SCIENCE OR FOOD TECHNOLOGY; 1,078
(5) ONE PERSON REPRESENTING THE GENERAL PUBLIC WHO IS NOT 1,080
EMPLOYED BY THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS AND 1,081
HAS NO PECUNIARY INTEREST IN A RETAIL FOOD ESTABLISHMENT OR FOOD 1,082
SERVICE OPERATION. 1,083
(B) IN MAKING APPOINTMENTS TO THE COUNCIL, THE DIRECTOR OF 1,086
AGRICULTURE AND DIRECTOR OF HEALTH SHALL JOINTLY CONSULT WITH
STATEWIDE TRADE AND PROFESSIONAL ORGANIZATIONS THAT REPRESENT THE 1,088
INTERESTS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,089
OPERATIONS. THE ORGANIZATIONS MAY NOMINATE PERSONS TO BE 1,090
CONSIDERED FOR APPOINTMENT AS COUNCIL MEMBERS. 1,091
(C) OF THE INITIAL APPOINTMENTS MADE TO THE COUNCIL, FIVE 1,093
SHALL BE FOR TERMS ENDING THREE YEARS AFTER APPOINTMENT, FOUR 1,094
SHALL BE FOR TERMS ENDING TWO YEARS AFTER APPOINTMENT, AND THREE 1,095
SHALL BE FOR TERMS ENDING ONE YEAR AFTER APPOINTMENT. 1,096
THEREAFTER, TERMS OF OFFICE SHALL BE THREE YEARS. EACH MEMBER 1,097
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 1,098
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE 1,099
REAPPOINTED.
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 1,101
ORIGINAL APPOINTMENTS. A MEMBER APPOINTED TO FILL A VACANCY 1,102
OCCURRING BEFORE THE EXPIRATION DATE OF THE TERM FOR WHICH THE 1,103
MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS A MEMBER 1,104
24
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN 1,105
OFFICE AFTER THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE 1,106
MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS 1,107
HAS ELAPSED, WHICHEVER OCCURS FIRST. 1,108
(D) A MEMBER MAY BE REMOVED FROM OFFICE FOR FAILING TO 1,110
ATTEND TWO CONSECUTIVE COUNCIL MEETINGS WITHOUT SHOWING GOOD 1,111
CAUSE FOR THE ABSENCES. REMOVAL FROM OFFICE REQUIRES JOINT 1,112
ACTION BY THE DIRECTOR OF AGRICULTURE AND DIRECTOR OF HEALTH. 1,113
(E) THE DIRECTOR OF AGRICULTURE AND DIRECTOR OF HEALTH 1,115
SHALL SERVE AS THE COUNCIL'S CO-CHAIRPERSONS WITHOUT VOTING 1,116
RIGHTS. A TWO-THIRDS MAJORITY VOTE OF THE COUNCIL'S VOTING 1,117
MEMBERS IS NECESSARY FOR THE COUNCIL TO ACT ON ANY MATTER. 1,118
(F) MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY 1,120
EXPENSES INCURRED IN PERFORMING DUTIES AS MEMBERS. THE EXPENSES 1,121
SHALL BE SHARED EQUALLY BY THE DEPARTMENT OF AGRICULTURE AND THE 1,122
DEPARTMENT OF HEALTH. BOTH DEPARTMENTS MAY PROVIDE 1,123
ADMINISTRATIVE SUPPORT TO THE COUNCIL.
(G) THE RETAIL FOOD SAFETY COUNCIL IS NOT SUBJECT TO 1,125
SECTION 101.84 OF THE REVISED CODE. 1,126
Sec. 3717.03. (A) THE RETAIL FOOD SAFETY COUNCIL SHALL 1,129
MEET AS NECESSARY TO FULFILL ITS DUTIES, WHICH INCLUDE ALL THE 1,130
FOLLOWING:
(1) MAKING RECOMMENDATIONS FOR THE OHIO BASIC FOOD CODE; 1,132
(2) EXAMINING SPECIFIC FOOD SAFETY ISSUES RAISED BY THE 1,134
DIRECTOR OF AGRICULTURE OR DIRECTOR OF HEALTH AND MAKING 1,135
RECOMMENDATIONS REGARDING THOSE ISSUES; 1,136
(3) MEDIATING UNRESOLVED ISSUES AMONG STATE AGENCIES ABOUT 1,138
THE INTERPRETATION OF RULES ADOPTED UNDER THIS CHAPTER AND MAKING 1,140
RECOMMENDATIONS REGARDING THE ISSUES;
(4) MAKING RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE 1,142
AND DIRECTOR OF HEALTH FOR IMPROVING THE FOOD SAFETY AWARENESS OF 1,144
CONSUMERS AND THEIR CONFIDENCE IN THE STATE'S FOOD SUPPLY. 1,145
(B) THE COUNCIL SHALL HOLD A MEETING AT THE REQUEST OF THE 1,148
DIRECTOR OF AGRICULTURE, AT THE REQUEST OF THE DIRECTOR OF
25
HEALTH, OR ON WRITTEN REQUEST OF THREE OR MORE VOTING MEMBERS OF 1,150
THE COUNCIL.
Sec. 3717.04. THE DIRECTOR OF AGRICULTURE, PUBLIC HEALTH 1,152
COUNCIL, AND DIRECTOR OF HEALTH HAVE THE EXCLUSIVE POWER IN THIS 1,155
STATE TO ADOPT RULES REGARDING RETAIL FOOD ESTABLISHMENTS AND
FOOD SERVICE OPERATIONS. THE RULES ADOPTED UNDER THIS CHAPTER 1,157
SHALL BE APPLIED UNIFORMLY THROUGHOUT THIS STATE.
ALL RULES ADOPTED UNDER THIS CHAPTER SHALL BE ADOPTED IN 1,159
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. SUBJECT TO THE 1,161
APPROVAL OF THE JOINT COMMITTEE ON AGENCY RULE REVIEW, PORTIONS 1,162
OF THE RULES MAY BE ADOPTED BY REFERENCING ALL OR ANY PART OF ANY 1,163
FEDERAL REGULATIONS REGARDING FOOD SAFETY.
Sec. 3717.05. (A) THE DIRECTOR OF AGRICULTURE AND THE 1,166
PUBLIC HEALTH COUNCIL SHALL ADOPT RULES ESTABLISHING STANDARDS 1,167
FOR SAFE FOOD HANDLING AND SANITATION IN RETAIL FOOD 1,168
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS. THE RULES SHALL BE 1,169
COMPILED AS THE OHIO BASIC FOOD CODE, WHICH SHALL BE USED BY THE 1,170
LICENSORS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICES
OPERATIONS IN ENFORCING THIS CHAPTER. 1,172
THE DIRECTOR OF AGRICULTURE HAS PRIMARY RESPONSIBILITY FOR 1,173
ADOPTING THE PROVISIONS OF THE OHIO BASIC FOOD CODE APPLICABLE TO 1,174
RETAIL FOOD ESTABLISHMENTS. THE PUBLIC HEALTH COUNCIL HAS 1,175
PRIMARY RESPONSIBILITY FOR ADOPTING THE PROVISIONS OF THE OHIO 1,177
BASIC FOOD CODE APPLICABLE TO FOOD SERVICE OPERATIONS. ALL 1,178
SCIENTIFIC PROVISIONS OF THE OHIO BASIC FOOD CODE THAT ARE 1,179
RELEVANT TO BOTH RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,180
OPERATIONS SHALL BE ADOPTED BY THE DIRECTOR OF AGRICULTURE AND
THE PUBLIC HEALTH COUNCIL WITH EACH OTHER'S CONCURRENCE. 1,181
THE OHIO BASIC FOOD CODE SHALL INCLUDE THE FOLLOWING: 1,183
(1) CRITERIA FOR SANITATION IN RETAIL FOOD ESTABLISHMENTS 1,185
AND FOOD SERVICE OPERATIONS; 1,186
(2) CRITERIA FOR EQUIPMENT IN RETAIL FOOD ESTABLISHMENTS 1,188
AND FOOD SERVICE OPERATIONS; 1,189
(3) CRITERIA FOR REVIEWING THE FACILITY PLANS OF RETAIL 1,191
26
FOOD ESTABLISHMENTS AND FOOD SERVICE OPERATIONS; 1,192
(4) A DEFINITION OF "POTENTIALLY HAZARDOUS" AS IT PERTAINS 1,195
TO FOOD IN RETAIL FOOD ESTABLISHMENTS AND TO FOOD IN FOOD SERVICE 1,196
OPERATIONS;
(5) CRITERIA TO BE USED IN EVALUATING THE PRIMARY BUSINESS 1,199
OF A PERSON OR GOVERNMENT ENTITY FOR PURPOSES OF DETERMINING 1,200
WHETHER THE PERSON OR ENTITY SHOULD BE LICENSED AS A RETAIL FOOD 1,201
ESTABLISHMENT OR FOOD SERVICE OPERATION;
(6) STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF 1,203
FREQUENCY, FOR CONDUCTING INSPECTIONS OF RETAIL FOOD 1,204
ESTABLISHMENTS UNDER SECTION 3717.27 OF THE REVISED CODE AND FOOD 1,205
SERVICE OPERATIONS UNDER SECTION 3717.47 OF THE REVISED CODE;
(7) STANDARDS AND PROCEDURES FOR CONDUCTING INVESTIGATIONS 1,207
OF COMPLAINTS UNDER SECTIONS 3717.27 OF THE REVISED CODE AND 1,208
3717.47 OF THE REVISED CODE;
(8) CRITERIA TO BE USED IN APPROVING COURSES OF STUDY FOR 1,211
CERTIFICATION IN FOOD PROTECTION UNDER SECTION 3717.09 OF THE
REVISED CODE AND THE REQUIREMENTS THAT MUST BE MET TO RECEIVE 1,212
THAT CERTIFICATION.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 1,215
SECTION, IF A MODEL FOOD CODE IS ESTABLISHED BY THE UNITED STATES 1,216
FOOD AND DRUG ADMINISTRATION, THE OHIO BASIC FOOD CODE SHALL BE 1,218
BASED ON THE MOST CURRENT VERSION OF THE FOOD AND DRUG 1,219
ADMINISTRATION'S MODEL FOOD CODE. IF THE FOOD AND DRUG 1,220
ADMINISTRATION ADOPTS, MODIFIES, OR RESCINDS A PROVISION IN THE 1,221
MODEL FOOD CODE, NOT LATER THAN NINE MONTHS AFTER THE 1,222
ADMINISTRATION'S ACTION, THE DIRECTOR OF AGRICULTURE AND PUBLIC 1,223
HEALTH COUNCIL SHALL ADOPT, AMEND, OR RESCIND PROVISIONS IN THE 1,224
OHIO BASIC FOOD CODE TO ENSURE THAT IT CONTINUES TO CONFORM WITH 1,225
THE MODEL FOOD CODE.
(2) THE OHIO BASIC FOOD CODE MAY CONTAIN OR OMIT 1,227
PROVISIONS THAT DO NOT CORRESPOND TO THE FOOD AND DRUG 1,229
ADMINISTRATION'S MODEL FOOD CODE IF THE DIRECTOR OF AGRICULTURE 1,231
OR THE PUBLIC HEALTH COUNCIL, WITH EACH OTHERS' CONCURRENCE,
27
DETERMINES EITHER OF THE FOLLOWING: 1,233
(a) THAT RULES CAN BE ADOPTED UNDER THIS CHAPTER THAT 1,235
PROVIDE PROTECTION AT LEAST AS EFFECTIVE AS THAT WHICH WOULD BE 1,236
PROVIDED BY BASING THE RULES ON THE MODEL FOOD CODE; 1,238
(b) THAT LOCAL CONDITIONS WARRANT THE ADOPTION OF 1,240
STANDARDS THAT ARE DIFFERENT FROM THE MODEL FOOD CODE. 1,241
Sec. 3717.06. THE DIRECTOR OF AGRICULTURE SHALL CREATE 1,243
WITHIN THE DEPARTMENT OF AGRICULTURE A POSITION TO BE FILLED BY 1,244
AN EPIDEMIOLOGIST AND THE DIRECTOR OF HEALTH SHALL CREATE WITHIN 1,246
THE DEPARTMENT OF HEALTH AN IDENTICAL POSITION. THE
EPIDEMIOLOGISTS SHALL SERVE AS LIAISONS BETWEEN THE DEPARTMENTS. 1,247
THEY SHALL ALSO SERVE AS THE DEPARTMENTS' LIAISONS WITH OTHER 1,249
STATE AGENCIES, BOARDS OF HEALTH, REPRESENTATIVES OF RETAIL FOOD 1,250
ESTABLISHMENTS, REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND
THE FEDERAL GOVERNMENT. 1,251
Sec. 3717.07. FOR PURPOSES OF ESTABLISHING A LICENSING FEE 1,253
UNDER SECTIONS 3717.25 AND 3717.45 OF THE REVISED CODE, THE 1,254
DIRECTOR OF AGRICULTURE AND THE PUBLIC HEALTH COUNCIL SHALL ADOPT 1,256
RULES ESTABLISHING UNIFORM METHODOLOGIES FOR USE IN CALCULATING 1,258
THE COSTS OF LICENSING RETAIL FOOD ESTABLISHMENTS IN THE
CATEGORIES SPECIFIED BY THE DIRECTOR AND THE COSTS OF LICENSING 1,260
FOOD SERVICE OPERATIONS IN THE CATEGORIES SPECIFIED BY THE 1,261
COUNCIL. IN ADOPTING THE RULES, THE DIRECTOR OF AGRICULTURE AND 1,262
THE PUBLIC HEALTH COUNCIL SHALL CONSIDER ANY RECOMMENDATIONS 1,263
RECEIVED FROM ADVISORY BOARDS OR OTHER ENTITIES REPRESENTING THE 1,264
INTERESTS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,265
OPERATIONS.
WITH REGARD TO ANY FEES CHARGED FOR LICENSING VENDING 1,267
MACHINE LOCATIONS, THE RULES SHALL PROHIBIT A LICENSOR FROM 1,268
INCREASING FEES BY A PERCENTAGE OF INCREASE OVER THE PREVIOUS 1,269
YEAR'S FEE THAT EXCEEDS THE PERCENTAGE OF INCREASE IN THE 1,270
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (UNITED STATES CITY 1,271
AVERAGE, ALL ITEMS), PREPARED BY THE UNITED STATES DEPARTMENT OF 1,272
LABOR, BUREAU OF LABOR STATISTICS, FOR THE IMMEDIATELY PRECEDING 1,274
28
CALENDAR YEAR.
Sec. 3717.08 (A) THE DIRECTOR OF AGRICULTURE AND DIRECTOR 1,276
OF HEALTH SHALL STRIVE TO INCREASE CONSUMER CONFIDENCE IN THE 1,277
STATE'S FOOD SUPPLY BY PROMOTING FOOD SAFETY AWARENESS AND 1,279
EDUCATION. THE EFFORTS OF THE DIRECTOR OF AGRICULTURE AND 1,280
DIRECTOR OF HEALTH SHALL BE MADE, WHEN APPROPRIATE AND AVAILABLE, 1,281
THROUGH PARTNERSHIPS WITH REPRESENTATIVES OF RETAIL FOOD 1,282
ESTABLISHMENTS, REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND 1,283
REPRESENTATIVES OF THE ACADEMIC COMMUNITY, INCLUDING THE OHIO 1,284
STATE UNIVERSITY EXTENSION SERVICE. 1,285
(B) AS PART OF THEIR PROMOTION OF FOOD SAFETY AWARENESS, 1,287
THE DIRECTOR OF AGRICULTURE AND THE DIRECTOR OF HEALTH SHALL DO 1,288
THE FOLLOWING:
(1) DEVELOP TRAINING PROGRAMS REGARDING THE OHIO BASIC 1,290
FOOD CODE. THE DIRECTORS SHALL OFFER THE TRAINING PROGRAMS 1,291
SEPARATELY, BUT SHALL COORDINATE THE CONTENT OF THE PROGRAMS TO 1,293
THE GREATEST EXTENT PRACTICABLE. THE TRAINING PROGRAMS SHALL BE 1,294
MADE AVAILABLE TO THE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE, 1,295
EMPLOYEES OF THE DEPARTMENT OF HEALTH, REPRESENTATIVES OF BOARDS 1,296
OF HEALTH AND THE HEALTH OFFICIALS EMPLOYED BY THE BOARDS, 1,297
REPRESENTATIVES OF RETAIL FOOD ESTABLISHMENTS, AND 1,298
REPRESENTATIVES OF FOOD SERVICE OPERATIONS. 1,299
(2) CO-SPONSOR A BIENNIAL STATEWIDE FOOD SAFETY 1,301
CONFERENCE. ADDITIONAL STATEWIDE FOOD SAFETY CONFERENCES MAY BE 1,302
HELD AS CONSIDERED APPROPRIATE BY THE DIRECTOR OF AGRICULTURE AND 1,303
DIRECTOR OF HEALTH. 1,304
Sec. 3732.14 3717.09. In accordance with rules adopted by 1,313
the public health council under section 3732.02 3717.05 of the 1,315
Revised Code, the director of health shall approve courses of 1,317
study for certification in food protection AS IT PERTAINS TO 1,318
RETAIL FOOD ESTABLISHMENTS AND AS IT PERTAINS TO FOOD SERVICE 1,319
OPERATIONS. The director shall certify individuals in food 1,322
protection who successfully complete a course of study approved 1,323
under this section and meet all other certification requirements 1,324
29
specified in rules adopted by the public health council under 1,325
section 3732.02 3717.05 of the Revised Code. 1,326
Sec. 3732.09 3717.11. (A) The director of health shall 1,335
survey the EACH board of health of each city or general health 1,337
district, or the authority having the duties of a board of health 1,338
under section 3709.05 of the Revised Code, that licenses or 1,339
proposes to license food service operations SHALL BE ASSESSED for 1,340
the purpose of determining whether the board or authority is 1,342
qualified AND HAS THE CAPACITY to administer and enforce this 1,345
chapter and the rules adopted under it. Each IF THE BOARD 1,346
LICENSES OR PROPOSES TO LICENSE RETAIL FOOD ESTABLISHMENTS, THE 1,347
ASSESSMENT SHALL BE CONDUCTED BY THE DIRECTOR OF AGRICULTURE. IF 1,348
THE BOARD LICENSES OR PROPOSES TO LICENSE FOOD SERVICE 1,349
OPERATIONS, THE ASSESSMENT SHALL BE CONDUCTED BY THE DIRECTOR OF 1,350
HEALTH.
EACH board or authority shall be surveyed ASSESSED BY EACH 1,353
DIRECTOR at least once every three years. Surveys ASSESSMENTS 1,356
shall be conducted in accordance with rules adopted by the 1,358
director under section 3732.13 SECTIONS 3717.33 AND 3717.52 of 1,359
the Revised Code, AS APPLICABLE. THE DIRECTORS SHALL SCHEDULE 1,360
AND CONDUCT THEIR ASSESSMENTS IN A MANNER THAT MINIMIZES, TO THE 1,361
EXTENT PRACTICABLE, INTRUSION ON AND INCONVENIENCE TO THE BOARD. 1,362
If the director determines AN ASSESSMENT DEMONSTRATES that 1,364
the board or authority is qualified AND HAS THE REQUISITE 1,367
CAPACITY, the director CONDUCTING THE ASSESSMENT shall approve it 1,368
THE BOARD as the licensor OF RETAIL FOOD ESTABLISHMENTS OR FOOD 1,370
SERVICE OPERATIONS, WHICHEVER IS BEING CONSIDERED, for the 1,372
district it THE BOARD serves. If the director determines AN 1,374
ASSESSMENT DEMONSTRATES that a board or authority is not 1,375
qualified OR DOES NOT HAVE THE REQUISITE CAPACITY, the director 1,377
CONDUCTING THE ASSESSMENT shall not approve it THE BOARD as a 1,379
licensor, or shall revoke the DIRECTOR'S approval, whichever is 1,380
appropriate. If the approval is not granted DENIED or is 1,382
revoked, the director TAKING THE ACTION SHALL DESIGNATE AN 1,384
30
ALTERNATIVE LICENSOR FOR THE DISTRICT. THE ALTERNATIVE LICENSOR 1,385
SHALL BE A BOARD OF HEALTH THAT IS QUALIFIED AND HAS THE 1,386
REQUISITE CAPACITY TO SERVE AS ALTERNATIVE LICENSOR, EXCEPT THAT 1,387
IF A QUALIFIED AND CAPABLE BOARD IS NOT AVAILABLE FROM A HEALTH 1,389
DISTRICT WITHIN REASONABLE PROXIMITY, THE DIRECTOR THAT DENIED OR 1,390
REVOKED THE BOARD'S APPROVAL shall act as the ALTERNATIVE 1,391
licensor for the district or designate an alternative licensor to 1,392
act as the licensor for the district.
(B) When the director revokes the approval of a board or 1,394
authority IS REVOKED, all valid food service operation licenses 1,396
issued by that board or authority FOR RETAIL FOOD ESTABLISHMENTS 1,398
OR FOOD SERVICE OPERATIONS, WHICHEVER HAVE BEEN AFFECTED, shall 1,400
be treated as though issued by the director or the alternative 1,401
licensor, whichever is acting as the licensor for the district, 1,402
and. THE LICENSES shall remain valid until scheduled to expire 1,404
unless earlier suspended or revoked by the director or
alternative licensor under section 3732.11 of the Revised Code. 1,405
(C) All fees charged under section 3732.04 3717.25 OR 1,407
3717.45 of the Revised Code that have not been expended by a 1,409
board or authority that has had its approval revoked shall be 1,410
transferred to the alternative licensor or to the director, 1,411
whichever is appropriate. An A BOARD OF HEALTH ACTING AS 1,413
alternative licensor shall deposit the fees into a special fund 1,414
it establishes for receipt of funds pertaining to the district 1,415
for which it is acting as licensor. IF THE DIRECTOR OF 1,417
AGRICULTURE IS ACTING AS LICENSOR, THE DIRECTOR SHALL DEPOSIT THE 1,418
FEES IN THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE 1,419
REVISED CODE. If the director OF HEALTH is acting as licensor, 1,422
the DIRECTOR SHALL DEPOSIT THE fees shall be deposited in the 1,423
general operations fund created in section 3701.82 3701.83 of the 1,424
Revised Code. All fees charged in the district by the 1,426
alternative licensor or director shall be deposited in the same 1,427
manner. Moneys deposited under this division shall be used 1,428
solely for the administration and enforcement of this chapter and 1,429
31
the rules adopted under it in the district for which the 1,430
alternative licensor or the director is acting as licensor. 1,432
(D)(1) A board or authority that has had its approval TO 1,434
ACT AS A LICENSOR revoked may submit a request to the director 1,436
WHO REVOKED THE APPROVAL to be reinstated as a licensor. The 1,438
request shall be in writing and shall specify the corrective 1,439
measures the board or authority has taken and a proposed plan of 1,440
action to remedy any remaining causes of the revocation. The 1,441
director may reinstate the board or authority as a licensor if 1,442
all of the following occur:
(a) The board or authority pays or arranges to pay the 1,444
alternative licensor or director, as applicable, for costs 1,445
incurred in acting as licensor for the district and in 1,446
transferring responsibility for the district to the board or 1,447
authority, if those costs exceed the moneys available under 1,448
division (C) of this section for the district; 1,449
(b) The board or authority corrects all causes of the 1,451
revocation; 1,452
(c) The alternative licensor or director, as applicable, 1,454
consents to the reinstatement. 1,455
(2) The reinstatement of a board or authority as a 1,457
licensor shall be conducted in accordance with procedures 1,458
established in rules adopted UNDER THIS CHAPTER by the director 1,459
under section 3732.13 of the Revised Code WHO REVOKED THE 1,462
APPROVAL.
Sec. 3732.06 3717.12. If all or part of the territory 1,471
within a health district becomes subject to the jurisdiction of a 1,473
different board of health of a city or general health district or 1,474
authority having the duties of a board of health under section 1,475
3709.05 of the Revised Code, all valid RETAIL FOOD ESTABLISHMENT 1,476
OR food service operation licenses issued by the original board 1,478
or authority OF HEALTH shall be treated as though issued by the 1,480
board or authority OF HEALTH with jurisdiction over the territory 1,482
and shall remain valid until scheduled to expire unless earlier 1,483
32
suspended or revoked by the board or authority under section 1,484
3732.11 of the Revised Code THIS CHAPTER. 1,486
Sec. 3732.10 3717.13. A licensor may employ or enter into 1,495
contracts with qualified persons and government entities to 1,496
conduct inspections and to assist the licensor by performing 1,497
routine services in the administration and enforcement of this 1,498
chapter and the rules adopted under it. 1,499
Sec. 3717.21. EXCEPT AS PROVIDED IN SECTION 3717.22 OF THE 1,501
REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL OPERATE A 1,503
RETAIL FOOD ESTABLISHMENT WITHOUT A LICENSE. A SEPARATE LICENSE 1,504
IS REQUIRED FOR EACH RETAIL FOOD ESTABLISHMENT THAT A PERSON OR 1,505
GOVERNMENT ENTITY OPERATES.
NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH 1,507
ANY OTHER REQUIREMENT OF THIS CHAPTER APPLICABLE TO RETAIL FOOD 1,509
ESTABLISHMENTS.
Sec. 3717.22. (A) THE FOLLOWING ARE NOT RETAIL FOOD 1,511
ESTABLISHMENTS: 1,512
(1) A FOOD SERVICE OPERATION LICENSED UNDER THIS CHAPTER, 1,515
INCLUDING A FOOD SERVICE OPERATION THAT PROVIDES THE SERVICES OF 1,516
A RETAIL FOOD ESTABLISHMENT PURSUANT TO AN ENDORSEMENT ISSUED 1,517
UNDER SECTION 3717.44 OF THE REVISED CODE; 1,518
(2) AN ENTITY EXEMPT FROM THE REQUIREMENT TO BE LICENSED 1,521
AS A FOOD SERVICE OPERATION UNDER DIVISION (B) OF SECTION 3717.42 1,522
OF THE REVISED CODE; 1,523
(3) A BUSINESS REGULATED BY THE FEDERAL GOVERNMENT OR THE 1,525
DEPARTMENT OF AGRICULTURE AS A FOOD MANUFACTURING OR FOOD 1,526
PROCESSING OPERATION, INCLUDING AN OPERATION REGULATED BY THE 1,527
DEPARTMENT OF AGRICULTURE UNDER CHAPTER 911., 915., OR 925. OF 1,528
THE REVISED CODE.
(B) ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT 1,530
TO BE LICENSED AS A RETAIL FOOD ESTABLISHMENT: 1,531
(1) AN OPERATION WITH COMMERCIALLY PREPACKAGED FOODS THAT 1,534
ARE NOT POTENTIALLY HAZARDOUS AND CONTAINED IN DISPLAYS OF LESS 1,535
THAN TEN CUBIC FEET;
33
(2) A STORAGE FACILITY OF LESS THAN FIVE HUNDRED SQUARE 1,538
FEET CONTAINING PREPACKAGED FOODS THAT ARE NOT POTENTIALLY 1,539
HAZARDOUS;
(3) A ROADSIDE MARKET THAT OFFERS ONLY FRESH FRUITS AND 1,542
FRESH VEGETABLES THAT ARE UNPROCESSED, INCLUDING A MARKET
OPERATED BY A CHURCH, DENOMINATION, SECT, OR OTHER RELIGIOUS 1,543
ORGANIZATION;
(4) A NONPROFIT ORGANIZATION EXEMPT FROM FEDERAL INCOME 1,545
TAXATION UNDER SECTION 501(c)(3) OF THE "INTERNAL REVENUE CODE OF 1,547
1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, THAT RAISES 1,548
FUNDS BY SELLING DISPLAYED FOODS, IF THE FOODS ARE NOT 1,549
POTENTIALLY HAZARDOUS AND THE DISPLAY IS MADE FOR NOT MORE THAN 1,550
SEVEN CONSECUTIVE DAYS OR MORE THAN FIFTY-TWO SEPARATE DAYS 1,551
DURING A LICENSING PERIOD.
Sec. 3717.23. (A) EACH PERSON OR GOVERNMENT ENTITY 1,554
SEEKING A RETAIL FOOD ESTABLISHMENT LICENSE OR THE RENEWAL OF A 1,555
LICENSE SHALL APPLY TO THE APPROPRIATE LICENSOR ON A FORM 1,556
PROVIDED BY THE LICENSOR. A LICENSOR SHALL USE A FORM PRESCRIBED 1,557
AND FURNISHED TO THE LICENSOR BY THE DIRECTOR OF AGRICULTURE OR A 1,558
FORM PRESCRIBED BY THE LICENSOR THAT HAS BEEN APPROVED BY THE 1,559
DIRECTOR. THE APPLICANT SHALL INCLUDE WITH THE APPLICATION ALL 1,560
INFORMATION NECESSARY FOR THE LICENSOR TO PROCESS THE 1,561
APPLICATION, AS REQUESTED BY THE LICENSOR. 1,562
AN APPLICATION FOR A RETAIL FOOD ESTABLISHMENT LICENSE 1,564
SHALL BE SUBMITTED TO THE LICENSOR FOR THE HEALTH DISTRICT IN 1,566
WHICH THE RETAIL FOOD ESTABLISHMENT IS LOCATED. 1,567
(B) THE LICENSOR SHALL REVIEW ALL APPLICATIONS RECEIVED. 1,570
THE LICENSOR SHALL ISSUE A LICENSE FOR A NEW RETAIL FOOD 1,571
ESTABLISHMENT WHEN THE APPLICANT SUBMITS A COMPLETE APPLICATION 1,572
AND THE LICENSOR DETERMINES THAT THE APPLICANT MEETS ALL OTHER 1,573
REQUIREMENTS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT FOR 1,575
RECEIVING THE LICENSE. THE LICENSOR SHALL ISSUE A RENEWED
LICENSE ON RECEIPT OF A COMPLETE RENEWAL APPLICATION. 1,577
THE LICENSOR SHALL ISSUE LICENSES FOR RETAIL FOOD 1,579
34
ESTABLISHMENTS ON FORMS PRESCRIBED AND FURNISHED BY THE DIRECTOR 1,580
OF AGRICULTURE.
(C)(1) A RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES AT THE 1,582
END OF THE LICENSING PERIOD FOR WHICH THE LICENSE IS ISSUED, 1,584
EXCEPT AS FOLLOWS:
(a) A LICENSE ISSUED TO A NEW RETAIL FOOD ESTABLISHMENT 1,587
AFTER THE FIRST DAY OF DECEMBER DOES NOT EXPIRE UNTIL THE END OF 1,588
THE LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE; 1,589
(b) A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES 1,591
AT THE END OF THE PERIOD FOR WHICH IT IS ISSUED. 1,592
(2) ALL RETAIL FOOD ESTABLISHMENT LICENSES REMAIN VALID 1,595
UNTIL SCHEDULED TO EXPIRE UNLESS EARLIER SUSPENDED OR REVOKED 1,597
UNDER SECTION 3717.29 OR 3717.30 OF THE REVISED CODE. 1,598
(D) A RETAIL FOOD ESTABLISHMENT LICENSE MAY BE RENEWED, 1,600
EXCEPT THAT A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE IS NOT 1,601
RENEWABLE. A PERSON OR GOVERNMENT ENTITY SEEKING LICENSE RENEWAL 1,602
SHALL SUBMIT AN APPLICATION FOR RENEWAL TO THE LICENSOR NOT LATER 1,603
THAN THE FIRST DAY OF MARCH, EXCEPT IN THE CASE OF A SEASONAL 1,604
RETAIL FOOD ESTABLISHMENT, WHEN THE RENEWAL APPLICATION SHALL BE 1,605
SUBMITTED BEFORE COMMENCING OPERATION IN A NEW LICENSING PERIOD. 1,606
A LICENSOR MAY RENEW A LICENSE PRIOR TO THE FIRST DAY OF MARCH, 1,608
BUT NOT BEFORE THE FIRST DAY OF FEBRUARY IMMEDIATELY PRECEDING 1,610
THE LICENSING PERIOD FOR WHICH THE LICENSE IS BEING RENEWED. 1,611
IF A PERSON OR GOVERNMENT ENTITY DOES NOT FILE A RENEWAL 1,613
APPLICATION WITH THE LICENSOR POSTMARKED ON OR BEFORE THE FIRST 1,614
DAY OF MARCH OR, IN THE CASE OF A SEASONAL RETAIL FOOD 1,615
ESTABLISHMENT, THE FIRST DAY OF OPERATION IN A NEW LICENSING 1,616
PERIOD, THE LICENSOR SHALL ASSESS A PENALTY OF TWENTY-FIVE PER 1,617
CENT OF THE FEE CHARGED FOR RENEWING THE LICENSE, IF THE LICENSOR 1,618
CHARGES RENEWAL FEES. IF AN APPLICANT IS SUBJECT TO A PENALTY, 1,620
THE LICENSOR SHALL NOT RENEW THE LICENSE UNTIL THE APPLICANT PAYS 1,621
THE PENALTY.
(E)(1) EXCEPT AS PROVIDED IN DIVISION (E)(3) OF THIS 1,623
SECTION, THERE IS NO LIMIT ON THE NUMBER OF TEMPORARY RETAIL FOOD 1,625
35
ESTABLISHMENT LICENSES A LICENSOR MAY ISSUE TO A PERSON OR 1,627
GOVERNMENT ENTITY TO OPERATE AT DIFFERENT EVENTS. FOR EACH
PARTICULAR EVENT, A LICENSOR MAY ISSUE ONLY ONE LICENSE FOR THE 1,629
SAME ESTABLISHMENT.
(2) A LICENSOR MAY ISSUE A TEMPORARY RETAIL FOOD 1,630
ESTABLISHMENT LICENSE TO OPERATE FOR MORE THAN FIVE CONSECUTIVE 1,631
DAYS PER LICENSING PERIOD IF BOTH OF THE FOLLOWING APPLY: 1,632
(a) THE ESTABLISHMENT WILL BE OPERATED AT AN EVENT 1,633
ORGANIZED BY A COUNTY AGRICULTURAL SOCIETY OR INDEPENDENT 1,635
AGRICULTURAL SOCIETY ORGANIZED UNDER CHAPTER 1711. OF THE REVISED 1,636
CODE;
(b) THE PERSON WHO WILL RECEIVE THE LICENSE IS A RESIDENT 1,637
OF THE COUNTY OR ONE OF THE COUNTIES FOR WHICH THE AGRICULTURAL 1,639
SOCIETY WAS ORGANIZED. 1,640
(3) A PERSON MAY BE GRANTED ONLY ONE TEMPORARY RETAIL FOOD 1,641
ESTABLISHMENT LICENSE PER LICENSING PERIOD PURSUANT TO DIVISION 1,643
(E)(2) OF THIS SECTION.
(F) THE LICENSOR MAY PLACE RESTRICTIONS OR CONDITIONS ON A 1,645
RETAIL FOOD ESTABLISHMENT LICENSE, BASED ON THE EQUIPMENT OR 1,646
FACILITIES OF THE ESTABLISHMENT, LIMITING THE TYPES OF FOOD THAT 1,647
MAY BE STORED, PROCESSED, PREPARED, MANUFACTURED, OR OTHERWISE 1,648
HELD OR HANDLED FOR RETAIL SALE.
(G) THE PERSON OR GOVERNMENT ENTITIY HOLDING A LICENSE FOR 1,650
A RETAIL FOOD ESTABLISHMENT SHALL DISPLAY THE LICENSE FOR THAT 1,652
RETAIL FOOD ESTABLISHMENT AT ALL TIMES AT THE LICENSED LOCATION. 1,653
(H) WITH THE ASSISTANCE OF THE DEPARTMENT OF AGRICULTURE, 1,656
THE LICENSOR TO THE EXTENT PRACTICABLE, SHALL AUTOMATE THE
PROCESS FOR LICENSING RETAIL FOOD ESTABLISHMENTS. 1,657
Sec. 3717.24. (A) THE PERSON OR GOVERNMENT ENTITY HOLDING 1,660
A LICENSE FOR A RETAIL FOOD ESTABLISHMENT MAY PROVIDE THE
SERVICES OF A FOOD SERVICE OPERATION WITHIN THE RETAIL FOOD 1,661
ESTABLISHMENT WITHOUT OBTAINING A FOOD SERVICE OPERATION LICENSE 1,662
IF THE PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF RETAIL 1,663
FOOD ESTABLISHMENTS AN ENDORSEMENT TO PROVIDE THE SERVICES OF A 1,664
36
FOOD SERVICE OPERATION.
(B) WHEN THE ACTIVITIES OF A RETAIL FOOD ESTABLISHMENT AND 1,667
A FOOD SERVICE OPERATION ARE CARRIED ON WITHIN THE SAME FACILITY 1,668
BY THE SAME PERSON OR GOVERNMENT ENTITY, THE DETERMINATION OF 1,669
WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A RETAIL FOOD 1,670
ESTABLISHMENT OR FOOD SERVICE OPERATION SHALL BE MADE ACCORDING
TO THE PRIMARY BUSINESS OF THE PERSON OR ENTITY. IF THE PRIMARY 1,672
BUSINESS IS THAT OF A RETAIL FOOD ESTABLISHMENT, THE PERSON OR 1,673
ENTITY SHALL BE LICENSED AS A RETAIL FOOD ESTABLISHMENT OPERATION 1,674
WITH AN ENDORSEMENT FROM THE LICENSOR ISSUED UNDER THIS SECTION 1,675
TO PROVIDE THE SERVICES OF A FOOD SERVICE OPERATION. IF THE 1,676
PRIMARY BUSINESS IS THAT OF A FOOD SERVICE OPERATION, THE PERSON 1,677
OR ENTITY SHALL BE LICENSED AS A FOOD SERVICE OPERATION AND IS 1,678
SUBJECT TO THE ENDORSEMENT PROVISIONS OF SECTION 3717.44 OF THE 1,679
REVISED CODE.
THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,682
OPERATIONS FOR THE AREA IN WHICH A FACILITY IS LOCATED SHALL MAKE 1,683
THE DETERMINATION OF WHETHER THE PRIMARY BUSINESS CARRIED ON 1,684
WITHIN A FACILITY IS THAT OF A RETAIL FOOD ESTABLISHMENT OR FOOD 1,685
SERVICE OPERATION. IF THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS 1,686
FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF FOOD SERVICE
OPERATIONS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH 1,687
LICENSORS. EACH DETERMINATION SHALL BE MADE ACCORDING TO RULES 1,689
ADOPTED UNDER SECTION 3717.05 OF THE REVISED CODE. 1,690
(C) A REQUEST TO HAVE A RETAIL FOOD ESTABLISHMENT LICENSE 1,693
INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN APPLICATION FOR 1,694
ISSUANCE OR RENEWAL OF A RETAIL FOOD ESTABLISHMENT OR MAY BE 1,695
SUBMITTED SEPARATELY. PROCEDURES FOR MAKING SEPARATE REQUESTS 1,696
SHALL BE THE SAME AS THE LICENSE APPLICATION PROCEDURES 1,697
ESTABLISHED UNDER SECTION 3717.23 OF THE REVISED CODE. 1,698
AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME 1,700
MANNER AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION 1,701
3717.29 OR 3717.30 OF THE REVISED CODE. THE SUSPENSION OR 1,702
REVOCATION OF AN ENDORSEMENT DOES NOT AFFECT THE RETAIL FOOD 1,703
37
ESTABLISHMENT LICENSE THAT INCLUDES THE ENDORSEMENT. IF THE 1,704
RETAIL FOOD ESTABLISHMENT LICENSE IS SUSPENDED OR REVOKED, THE 1,705
ENDORSEMENT INCLUDED ON THE LICENSE IS ALSO SUSPENDED OR REVOKED. 1,707
(D) IF A FOOD SERVICE OPERATION IS OPERATED WITHIN A 1,710
RETAIL FOOD ESTABLISHMENT BY A PERSON OR GOVERNMENT ENTITY OTHER 1,711
THAN THE PERSON OR ENTITY HOLDING THE LICENSE TO OPERATE THE 1,712
RETAIL FOOD ESTABLISHMENT, THE FOOD SERVICE OPERATION MAY NOT BE 1,713
OPERATED UNDER AN ENDORSEMENT ISSUED UNDER THIS SECTION. THE
OPERATION SHALL BE LICENSED AS A SEPARATE FOOD SERVICE OPERATION. 1,715
Sec. 3717.25. (A) A LICENSOR MAY CHARGE FEES FOR ISSUING 1,718
AND RENEWING RETAIL FOOD ESTABLISHMENT LICENSES. ANY LICENSING 1,719
FEE CHARGED SHALL BE USED SOLELY FOR THE ADMINISTRATION AND 1,720
ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER AND THE RULES 1,723
ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.
ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL BE BASED 1,725
ON THE LICENSOR'S COSTS OF LICENSING FOOD SERVICE OPERATIONS, AS 1,726
DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES ESTABLISHED 1,727
UNDER SECTION 3717.06 OF THE REVISED CODE. IF THE LICENSOR IS A 1,728
BOARD OF HEALTH, A FEE MAY BE DISAPPROVED BY THE DISTRICT 1,730
ADVISORY COUNCIL IN THE CASE OF A GENERAL HEALTH DISTRICT OR THE 1,731
LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF A CITY HEALTH 1,732
DISTRICT. A DISAPPROVED FEE SHALL NOT BE CHARGED BY THE BOARD OF 1,733
HEALTH. 1,734
AT LEAST THIRTY DAYS PRIOR TO ESTABLISHING A LICENSING FEE, 1,737
THE LICENSOR SHALL HOLD A PUBLIC HEARING REGARDING THE PROPOSED 1,738
FEE. AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARING, THE 1,739
LICENSOR SHALL GIVE WRITTEN NOTICE OF THE HEARING TO EACH PERSON 1,740
OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD ESTABLISHMENT LICENSE 1,741
THAT MAY BE AFFECTED BY THE PROPOSED FEE. THE NOTICE SHALL BE 1,742
MAILED TO THE LAST KNOWN ADDRESS OF THE LICENSEE AND SHALL 1,743
SPECIFY THE DATE, TIME, AND PLACE OF THE HEARING AND THE AMOUNT 1,744
OF THE PROPOSED FEE. ON REQUEST, THE LICENSOR SHALL PROVIDE THE 1,745
COMPLETED UNIFORM METHODOLOGY USED IN THE CALCULATION OF THE 1,746
LICENSOR'S COSTS AND THE PROPOSED FEE. 1,747
38
(B) IN ADDITION TO LICENSING FEES, A LICENSOR MAY CHARGE 1,750
FEES FOR ANY OF THE FOLLOWING: 1,751
(1) REVIEW OF FACILITY AND EQUIPMENT PLANS PERTAINING TO 1,752
RETAIL FOOD ESTABLISHMENTS; 1,753
(2) ANY NECESSARY COLLECTION AND BACTERIOLOGICAL 1,755
EXAMINATION OF SAMPLES FROM RETAIL FOOD ESTABLISHMENTS; 1,756
(3) ATTENDANCE AT A COURSE OF STUDY OFFERED BY THE 1,758
LICENSOR IN FOOD PROTECTION AS IT PERTAINS TO RETAIL FOOD 1,759
ESTABLISHMENTS, IF THE COURSE IS APPROVED UNDER SECTION 3717.09 1,760
OF THE REVISED CODE.
(C) THE DIRECTOR MAY DETERMINE BY RULE AN AMOUNT TO BE 1,763
COLLECTED FROM APPLICANTS FOR RETAIL FOOD ESTABLISHMENT LICENSES 1,764
FOR USE BY THE DIRECTOR IN ADMINISTERING AND ENFORCING THE 1,765
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 1,766
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. LICENSORS SHALL 1,767
COLLECT THE AMOUNT PRIOR TO ISSUING AN APPLICANT'S NEW OR RENEWED 1,768
LICENSE. IF A LICENSING FEE IS CHARGED UNDER THIS SECTION, THE 1,769
LICENSOR SHALL COLLECT THE AMOUNT AT THE SAME TIME THE FEE IS 1,770
COLLECTED. LICENSORS ARE NOT REQUIRED TO PROVIDE NOTICE OR HOLD 1,771
PUBLIC HEARINGS REGARDING AMOUNTS COLLECTED UNDER THIS DIVISION. 1,772
NOT LATER THAN SIXTY DAYS AFTER THE LAST DAY OF THE MONTH 1,774
IN WHICH A LICENSE IS ISSUED, THE LICENSOR SHALL CERTIFY THE 1,775
AMOUNT COLLECTED UNDER THIS DIVISION AND TRANSMIT THE AMOUNT TO 1,776
THE TREASURER OF STATE. ALL AMOUNTS RECEIVED SHALL BE DEPOSITED 1,777
INTO THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE 1,780
REVISED CODE. THE DIRECTOR SHALL USE THE AMOUNTS SOLELY FOR THE 1,781
ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER 1,782
AND THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 1,784
ESTABLISHMENTS.
WHEN ADOPTING RULES REGARDING THE AMOUNTS COLLECTED UNDER 1,786
THIS DIVISION, THE DIRECTOR SHALL MAKE AVAILABLE DURING THE RULE 1,787
MAKING PROCESS THE CURRENT AND PROJECTED EXPENSES OF 1,788
ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS CHAPTER AND 1,789
THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 1,791
39
ESTABLISHMENTS AND THE TOTAL OF ALL AMOUNTS THAT HAVE BEEN 1,792
DEPOSITED IN THE FOOD SAFETY FUND PURSUANT TO THIS DIVISION. 1,793
Sec. 3717.26. (A) A LICENSOR MAY TRANSFER A RETAIL FOOD 1,796
ESTABLISHMENT LICENSE UNDER EITHER OF THE FOLLOWING
CIRCUMSTANCES: 1,797
(1) THE SALE OR DISPOSITION OF THE RETAIL FOOD 1,799
ESTABLISHMENT; 1,800
(2) THE RELOCATION OF THE RETAIL FOOD ESTABLISHMENT. 1,803
(B) A PERSON OR GOVERNMENT ENTITY MAY REQUEST TO RECEIVE A 1,806
RETAIL FOOD ESTABLISHMENT LICENSE BY TRANSFER. A LICENSOR MAY 1,807
TRANSFER A LICENSE ONLY ON DETERMINING THAT THE PERSON OR 1,808
GOVERNMENT ENTITY REQUESTING THE TRANSFER IS IN COMPLIANCE WITH 1,809
THE PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 1,811
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. IN THE CASE OF THE 1,812
SALE OR DISPOSITION OF A RETAIL FOOD ESTABLISHMENT, THE LICENSOR 1,813
MAY TRANSFER A LICENSE ONLY IF THE LICENSEE CONSENTS TO THE 1,814
TRANSFER. A LICENSOR MAY NOT TRANSFER A LICENSE MORE THAN ONCE 1,816
IN A LICENSING PERIOD.
Sec. 3717.27. (A) ALL INSPECTIONS OF RETAIL FOOD 1,818
ESTABLISHMENTS CONDUCTED BY A LICENSOR UNDER THIS CHAPTER SHALL 1,819
BE CONDUCTED ACCORDING TO THE PROCEDURES AND SCHEDULE OF 1,820
FREQUENCY SPECIFIED IN RULES ADOPTED UNDER SECTION 3717.05 OF THE 1,821
REVISED CODE. AN INSPECTION MAY BE PERFORMED ONLY BY A
SANITARIAN OR SANITARIAN-IN-TRAINING REGISTERED UNDER CHAPTER 1,823
4736. OF THE REVISED CODE. EACH INSPECTION SHALL BE RECORDED ON 1,824
A FORM PRESCRIBED AND FURNISHED BY THE DIRECTOR OF AGRICULTURE OR 1,826
A FORM APPROVED BY THE DIRECTOR THAT HAS BEEN PRESCRIBED BY A
BOARD OF HEALTH ACTING AS LICENSOR. WITH THE ASSISTANCE OF THE 1,827
DIRECTOR, A BOARD ACTING AS LICENSOR, TO THE EXTENT PRACTICABLE, 1,828
SHALL AUTOMATE THE INSPECTION PROCESS AND STANDARDIZE THE MANNER 1,831
IN WHICH ITS INSPECTIONS ARE CONDUCTED. 1,832
(B) A PERSON OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD 1,834
ESTABLISHMENT LICENSE SHALL PERMIT THE LICENSOR TO INSPECT THE 1,836
RETAIL FOOD ESTABLISHMENT FOR PURPOSES OF DETERMINING COMPLIANCE 1,837
40
WITH THIS CHAPTER AND THE RULES ADOPTED UNDER IT OR INVESTIGATING 1,838
A COMPLAINT CONCERNING THE ESTABLISHMENT. ON REQUEST OF THE 1,839
LICENSOR, THE LICENSEE SHALL PERMIT THE LICENSOR TO EXAMINE THE 1,840
RECORDS OF THE RETAIL FOOD ESTABLISHMENT TO OBTAIN INFORMATION 1,841
ABOUT THE PURCHASE, RECEIPT, OR USE OF FOOD, SUPPLIES, AND 1,842
EQUIPMENT. 1,843
(C) AN INSPECTION MAY INCLUDE AN INVESTIGATION TO 1,846
DETERMINE THE IDENTITY AND SOURCE OF A PARTICULAR FOOD. 1,847
A LICENSOR MAY RETAIN ANY EQUIPMENT, UTENSILS, HAND TOOLS, 1,849
OR FACILITIES FOUND DURING AN INSPECTION TO BE MAINTAINED IN A 1,850
CONDITION THAT PRESENTS A CLEAR AND IMMINENT DANGER TO THE PUBLIC 1,851
HEALTH.
Sec. 3717.28. TRADE SECRETS AND OTHER FORMS OF INFORMATION 1,853
THAT UNDER THIS CHAPTER ARE REQUIRED TO BE FURNISHED TO OR ARE 1,854
PROCURED BY A LICENSOR OF RETAIL FOOD ESTABLISHMENTS SHALL BE FOR 1,855
THE EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE 1,856
DISCHARGE OF THE LICENSOR'S OFFICIAL DUTIES. THE INFORMATION 1,857
SHALL NOT BE OPEN TO THE PUBLIC OR USED IN ANY ACTION OR 1,858
PROCEEDING IN ANY COURT. THE LICENSOR SHALL MAINTAIN THE 1,859
CONFIDENTIALITY OF THE INFORMATION, EXCEPT THAT THE INFORMATION 1,860
MAY BE CONSOLIDATED IN STATISTICAL TABLES AND PUBLISHED BY THE 1,861
LICENSOR IN STATISTICAL FORM FOR THE USE AND INFORMATION OF STATE 1,862
AND LOCAL AGENCIES AND THE PUBLIC, IF THE STATISTICS DO NOT 1,863
DISCLOSE DETAILS ABOUT A PARTICULAR PERSON OR GOVERNMENT ENTITY 1,864
THAT PROVIDED INFORMATION TO THE LICENSOR. AN INDIVIDUAL 1,865
EMPLOYED BY THE LICENSOR OR ASSISTING THE LICENSOR IN THE 1,866
ADMINISTRATION OF THE RETAIL FOOD ESTABLISHMENT LICENSING 1,867
REQUIREMENTS OF THIS CHAPTER SHALL NOT WILLFULLY DIVULGE ANY 1,868
INFORMATION THAT IS CONFIDENTIAL UNDER THIS SECTION TO ANY PERSON 1,869
OR GOVERNMENT ENTITY OTHER THAN THE LICENSOR OR THE INDIVIDUAL'S 1,870
SUPERIOR.
Sec. 3717.29. (A) THIS SECTION APPLIES WHEN THE LICENSOR 1,872
OF RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH. 1,873
(B) A BOARD OF HEALTH MAY SUSPEND OR REVOKE A RETAIL FOOD 1,876
41
ESTABLISHMENT LICENSE ON DETERMINING THAT THE LICENSE HOLDER IS 1,877
IN VIOLATION OF ANY REQUIREMENT OF THIS CHAPTER OR THE RULES 1,878
ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS, 1,879
INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN 1,880
SANITARY CONDITIONS WITHIN THE ESTABLISHMENT.
(C)(1) EXCEPT IN THE CASE OF A VIOLATION THAT PRESENTS AN 1,883
IMMEDIATE DANGER TO THE PUBLIC HEALTH, BEFORE INITIATING ACTION 1,884
TO SUSPEND OR REVOKE A RETAIL FOOD ESTABLISHMENT LICENSE, THE 1,885
BOARD SHALL GIVE THE LICENSE HOLDER WRITTEN NOTICE SPECIFYING 1,887
EACH VIOLATION AND A REASONABLE TIME WITHIN WHICH THE LICENSE 1,888
HOLDER MUST CORRECT EACH VIOLATION TO AVOID SUSPENSION OR
REVOCATION OF THE LICENSE. THE BOARD MAY EXTEND THE TIME 1,890
SPECIFIED IN THE NOTICE FOR CORRECTING A VIOLATION IF THE LICENSE 1,891
HOLDER IS MAKING A GOOD FAITH EFFORT TO CORRECT IT. 1,892
IF THE LICENSE HOLDER FAILS TO CORRECT THE VIOLATION IN THE 1,894
TIME GRANTED BY THE BOARD, THE BOARD MAY INITIATE ACTION TO 1,895
SUSPEND OR REVOKE THE RETAIL FOOD ESTABLISHMENT LICENSE BY GIVING 1,897
THE LICENSE HOLDER WRITTEN NOTICE OF THE PROPOSED SUSPENSION OR 1,898
REVOCATION. THE BOARD SHALL INCLUDE IN THE NOTICE A DESCRIPTION 1,899
OF THE PROCEDURE FOR APPEALING THE PROPOSED SUSPENSION OR 1,900
REVOCATION. THE LICENSE HOLDER MAY APPEAL THE PROPOSED
SUSPENSION OR REVOCATION BY GIVING WRITTEN NOTICE TO THE BOARD. 1,902
THE LICENSE HOLDER SHALL SPECIFY IN THE NOTICE WHETHER A HEARING 1,903
IS REQUESTED. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH 1,904
DIVISION (C)(3) OF THIS SECTION. 1,905
A HEALTH COMMISSIONER OR OTHER PERSON EMPLOYED BY THE 1,907
BOARD, IF THE HEALTH COMMISSIONER OR PERSON IS AUTHORIZED BY THE 1,909
BOARD TO TAKE THE ACTION, MAY TAKE ANY ACTION THAT THE BOARD MAY 1,910
TAKE UNDER DIVISION (C)(1) OF THIS SECTION. 1,911
(2) IF A BOARD INITIATES ACTIONS TO REVOKE OR, EXCEPT IN 1,914
THE CASE OF A VIOLATION THAT PRESENTS AN IMMEDIATE DANGER TO THE 1,915
PUBLIC HEALTH, TO SUSPEND A RETAIL FOOD ESTABLISHMENT LICENSE, 1,916
THE BOARD SHALL DETERMINE WHETHER TO REVOKE OR SUSPEND THE 1,917
LICENSE BY A MAJORITY VOTE OF THE BOARD MEMBERS WHO ARE PRESENT 1,918
42
AT A MEETING AT WHICH THERE IS A QUORUM. 1,919
IF THE BOARD DECIDES TO REVOKE OR SUSPEND THE LICENSE, THE 1,922
BOARD SHALL ISSUE A FORMAL WRITTEN ORDER REVOKING OR SUSPENDING 1,923
THE LICENSE.
(3) AN APPEAL MADE UNDER DIVISION (C)(1) OF THIS SECTION 1,925
SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN 1,927
RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 1,928
3717.33 OF THE REVISED CODE. IF A LICENSE HOLDER REQUESTS A 1,929
HEARING, THE BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER 1,931
UNDER DIVISION (C)(2) OF THIS SECTION, BUT MAY HOLD THE HEARING 1,933
AT THE SAME MEETING AT WHICH ISSUANCE OF THE ORDER IS CONSIDERED. 1,934
(D)(1) ON DETERMINING THAT A LICENSE HOLDER IS IN 1,937
VIOLATION OF ANY REQUIREMENT OF THIS CHAPTER OR THE RULES ADOPTED 1,938
UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS AND THAT THE 1,939
VIOLATION PRESENTS AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, THE 1,940
BOARD MAY SUSPEND THE RETAIL FOOD ESTABLISHMENT LICENSE WITHOUT 1,942
GIVING WRITTEN NOTICE OR AFFORDING THE LICENSE HOLDER THE
OPPORTUNITY TO CORRECT THE VIOLATION. 1,943
A SUSPENSION UNDER DIVISION (D)(1) OF THIS SECTION TAKES 1,946
EFFECT IMMEDIATELY AND REMAINS IN EFFECT UNTIL THE BOARD RESCINDS 1,948
THE SUSPENSION.
AFTER SUSPENDING A LICENSE UNDER DIVISION (D)(1) OF THIS 1,951
SECTION, THE LICENSOR SHALL GIVE THE LICENSE HOLDER WRITTEN 1,952
NOTICE OF THE PROCEDURE FOR APPEALING THE SUSPENSION. THE 1,953
LICENSE HOLDER MAY APPEAL THE SUSPENSION BY GIVING WRITTEN NOTICE 1,955
TO THE BOARD AND SPECIFYING IN THE NOTICE WHETHER A HEARING IS 1,956
REQUESTED. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH
DIVISION (D)(2) OF THIS SECTION. 1,957
A HEALTH COMMISSIONER, IF AUTHORIZED BY THE BOARD TO TAKE 1,960
THE ACTION, MAY TAKE ANY ACTION THAT MAY BE TAKEN BY THE BOARD 1,961
UNDER DIVISION (D)(1) OF THIS SECTION. A HEALTH COMMISSIONER WHO 1,962
SUSPENDS A LICENSE UNDER THIS AUTHORITY, ON DETERMINING THAT 1,964
THERE IS NO LONGER AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, MAY 1,965
RESCIND THE SUSPENSION WITHOUT CONSULTING THE BOARD. 1,966
43
(2) IF THE LICENSE HOLDER APPEALS A SUSPENSION UNDER 1,968
DIVISION (D)(1) OF THIS SECTION, THE BOARD SHALL DETERMINE 1,970
WHETHER THE IMMEDIATE DANGER TO THE PUBLIC HEALTH CONTINUES TO 1,971
EXIST BY MAJORITY VOTE OF THE BOARD MEMBERS WHO ARE PRESENT AT A 1,973
MEETING AT WHICH THERE IS A QUORUM. 1,974
IF THE BOARD DETERMINES THAT THERE IS NO LONGER AN 1,977
IMMEDIATE DANGER TO THE PUBLIC HEALTH, THE BOARD SHALL RESCIND 1,978
THE SUSPENSION. IF THE BOARD DETERMINES THAT THE IMMEDIATE 1,979
DANGER CONTINUES TO EXIST, THE BOARD SHALL ISSUE AN ORDER 1,980
CONTINUING THE SUSPENSION.
(3) AN APPEAL REQUESTED UNDER DIVISION (D)(1) OF THIS 1,983
SECTION SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES 1,984
ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER 1,985
SECTION 3717.33 OF THE REVISED CODE. IF THE LICENSE HOLDER 1,986
REQUESTS A HEARING, THE BOARD SHALL HOLD THE HEARING NOT LATER 1,988
THAN TWO BUSINESS DAYS AFTER THE BOARD RECEIVES THE REQUEST. THE 1,989
BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER UNDER 1,990
DIVISION (D)(2) OF THIS SECTION, BUT MAY CONDUCT THE HEARING AT 1,991
THE SAME MEETING AT WHICH ISSUANCE OF THE ORDER IS CONSIDERED. 1,994
(E) A LICENSE HOLDER MAY APPEAL AN ORDER ISSUED UNDER 1,997
DIVISION (C) OR (D) OF THIS SECTION TO THE COMMON PLEAS COURT OF 1,999
THE COUNTY IN WHICH THE LICENSOR IS LOCATED.
Sec. 3717.30. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,008
OF RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE. 2,009
(B) THE DIRECTOR OF AGRICULTURE MAY SUSPEND OR REVOKE A 2,012
RETAIL FOOD ESTABLISHMENT LICENSE ON DETERMINING THAT A LICENSE 2,014
HOLDER IS IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER OR THE 2,016
RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD ESTABLISHMENTS,
INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN 2,017
SANITARY CONDITIONS WITHIN THE ESTABLISHMENT. EXCEPT AS PROVIDED 2,019
IN DIVISION (C)(9) OF THIS SECTION, THE SUSPENSION OR REVOCATION 2,021
OF A LICENSE IS NOT EFFECTIVE UNTIL THE LICENSE HOLDER IS GIVEN 2,022
WRITTEN NOTICE OF THE VIOLATION, A REASONABLE AMOUNT OF TIME TO 2,023
CORRECT THE VIOLATION, AND AN OPPORTUNITY FOR A HEARING. 2,024
44
(C) ALL ACTIONS AND PROCEEDINGS UNDERTAKEN PURSUANT TO 2,027
THIS SECTION SHALL COMPLY WITH CHAPTER 119. OF THE REVISED CODE, 2,030
EXCEPT AS FOLLOWS:
(1) THE LOCATION OF ANY ADJUDICATORY HEARING THAT THE 2,032
LICENSE HOLDER REQUESTS SHALL BE THE DIRECTOR'S OFFICES IN 2,033
LICKING COUNTY. 2,034
(2) THE DIRECTOR SHALL NOTIFY A LICENSE HOLDER BY 2,036
CERTIFIED MAIL OR PERSONAL DELIVERY THAT THE LICENSE HOLDER IS 2,037
CONDITIONALLY ENTITLED TO A HEARING. THE DIRECTOR SHALL SPECIFY 2,038
IN THE NOTICE THAT, IN ORDER TO OBTAIN A HEARING, THE LICENSE 2,039
HOLDER MUST REQUEST THE HEARING NOT LATER THAN TEN DAYS AFTER THE 2,040
DATE OF RECEIPT OF THE NOTICE. 2,041
(3) IF THE LICENSE HOLDER REQUESTS A HEARING, THE DATE SET 2,043
FOR THE HEARING SHALL BE NO LATER THAN TEN DAYS AFTER THE DATE ON 2,044
WHICH THE DIRECTOR RECEIVES THE REQUEST, UNLESS THE DIRECTOR AND 2,045
THE LICENSE HOLDER AGREE OTHERWISE. 2,046
(4) THE DIRECTOR SHALL NOT POSTPONE OR CONTINUE AN 2,048
ADJUDICATION HEARING WITHOUT THE CONSENT OF THE LICENSE HOLDER. 2,049
IF THE LICENSE HOLDER REQUESTS A POSTPONEMENT OR CONTINUATION OF 2,050
AN ADJUDICATION HEARING, THE DIRECTOR SHALL NOT GRANT IT UNLESS 2,051
THE LICENSE HOLDER DEMONSTRATES THAT AN EXTREME HARDSHIP WILL BE 2,052
INCURRED IN HOLDING THE ADJUDICATION HEARING ON THAT HEARING 2,053
DATE. IF THE DIRECTOR GRANTS A POSTPONEMENT OR CONTINUATION ON 2,055
THE GROUNDS OF EXTREME HARDSHIP, THE RECORD SHALL DOCUMENT THE 2,056
NATURE AND CAUSE OF THE EXTREME HARDSHIP. 2,057
(5) IN LIEU OF HAVING A HEARING AND UPON THE LICENSE 2,059
HOLDER'S WRITTEN REQUEST TO THE DIRECTOR, THE LICENSE HOLDER MAY 2,060
SUBMIT TO THE DIRECTOR, NOT LATER THAN THE DATE OF THE HEARING 2,061
SET PURSUANT TO DIVISION (C)(3) OF THIS SECTION, DOCUMENTS, 2,063
PAPERS, AND OTHER WRITTEN EVIDENCE TO SUPPORT THE LICENSE 2,064
HOLDER'S CLAIM.
(6) IF THE DIRECTOR APPOINTS A REFEREE OR EXAMINER TO 2,066
CONDUCT THE HEARING, THE FOLLOWING APPLY: 2,067
(a) A COPY OF THE WRITTEN ADJUDICATION REPORT AND 2,069
45
RECOMMENDATIONS OF THE REFEREE OR EXAMINER SHALL BE SERVED BY 2,070
CERTIFIED MAIL UPON THE DIRECTOR AND THE LICENSE HOLDER NOT LATER 2,072
THAN THREE BUSINESS DAYS FOLLOWING THE CONCLUSION OF THE HEARING. 2,074
(b) NOT LATER THAN THREE BUSINESS DAYS AFTER RECEIPT OF 2,077
THE REPORT AND RECOMMENDATIONS, THE LICENSE HOLDER MAY FILE WITH 2,078
THE DIRECTOR WRITTEN OBJECTIONS TO THE REPORT AND
RECOMMENDATIONS. 2,079
(c) THE DIRECTOR SHALL CONSIDER THE OBJECTIONS SUBMITTED 2,082
BY THE LICENSE HOLDER BEFORE APPROVING, MODIFYING, OR
DISAPPROVING THE REPORT AND RECOMMENDATIONS. THE DIRECTOR SHALL 2,083
SERVE THE DIRECTOR'S ORDER UPON THE LICENSEE BY CERTIFIED MAIL 2,085
NOT LATER THAN SIX BUSINESS DAYS AFTER RECEIVING THE REPORT. 2,086
(7) IF THE DIRECTOR CONDUCTS THE HEARING, THE DIRECTOR 2,088
SHALL SERVE THE DIRECTOR'S DECISION BY CERTIFIED MAIL UPON THE 2,089
LICENSE HOLDER NOT LATER THAN THREE BUSINESS DAYS FOLLOWING THE 2,090
CLOSE OF THE HEARING. 2,091
(8) IF NO HEARING IS HELD, THE DIRECTOR SHALL ISSUE AN 2,093
ORDER BY CERTIFIED MAIL TO THE LICENSE HOLDER NOT LATER THAN 2,095
THREE BUSINESS DAYS FOLLOWING THE LAST DATE POSSIBLE FOR A 2,096
HEARING, BASED ON THE RECORD THAT IS AVAILABLE. 2,097
(9) IF THE DIRECTOR DETERMINES THAT AN EMERGENCY EXISTS 2,099
THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, 2,100
THE DIRECTOR MAY SUSPEND A LICENSE, EFFECTIVE WITHOUT A HEARING. 2,101
THEREAFTER, WITHOUT DELAY, THE DIRECTOR SHALL AFFORD THE LICENSE 2,102
HOLDER AN OPPORTUNITY FOR HEARING. ON DETERMINING THAT THERE IS 2,103
NO LONGER A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, THE 2,104
DIRECTOR MAY RESCIND THE SUSPENSION WITHOUT A HEARING. 2,105
Sec. 3717.31. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,107
OF RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH. 2,108
AS USED IN THIS SECTION, "PROSECUTOR" HAS THE SAME MEANING 2,111
AS IN SECTION 2935.01 OF THE REVISED CODE. 2,113
(B) AT THE REQUEST OF THE BOARD OF HEALTH, THE PROSECUTOR 2,116
WITH JURISDICTION IN THE AREA WHERE A PERSON ALLEGEDLY HAS 2,117
VIOLATED SECTION 3717.21 OF THE REVISED CODE SHALL COMMENCE A 2,119
46
CRIMINAL PROSECUTION AGAINST THE PERSON.
AT THE REQUEST OF A BOARD OF HEALTH, THE DIRECTOR OF 2,121
AGRICULTURE SHALL PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN THE 2,122
PROSECUTION OF A PERSON WHO IS NOT IN COMPLIANCE WITH THE 2,123
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 2,124
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. REQUESTS SHALL BE MADE 2,125
AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH RULES ADOPTED 2,126
BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 3717.33 OF THE
REVISED CODE.
(C) AT THE REQUEST OF THE BOARD OF HEALTH, THE PROSECUTOR 2,129
WITH JURISDICTION IN THE AREA WHERE A PERSON OR GOVERNMENT ENTITY 2,130
ALLEGEDLY HAS FAILED TO COMPLY WITH A REQUIREMENT OF THIS CHAPTER 2,132
OR THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD
ESTABLISHMENTS SHALL COMMENCE IN COMMON PLEAS COURT AN ACTION 2,134
REQUESTING THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER OR A 2,135
PRELIMINARY OR PERMANENT INJUNCTION OR A MANDAMUS ACTION 2,136
REGARDING THE ACT OF NONCOMPLIANCE. THE COURT MAY GRANT THE
APPROPRIATE RELIEF IF IT IS SHOWN THAT THE RESPONDENT FAILED TO 2,137
COMPLY WITH THE REQUIREMENT. 2,139
NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION 2,141
2705.05 OF THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND 2,144
TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH A 2,145
RESTRAINING ORDER, INJUNCTION, OR WRIT OF MANDAMUS ISSUED
PURSUANT TO THIS DIVISION SHALL BE FINED NOT MORE THAN ONE 2,146
THOUSAND DOLLARS FOR EACH OFFENSE. EACH DAY THE NONCOMPLIANCE 2,147
CONTINUES IS A SEPARATE OFFENSE. 2,148
(D) FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS 2,149
SECTION SHALL BE DEPOSITED IN AN APPROPRIATE FUND CREATED FOR THE 2,150
BOARD'S USE IN ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND 2,152
THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 2,153
ESTABLISHMENTS. THE REMAINING FIFTY PER CENT SHALL BE CREDITED 2,154
TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE 2,155
CASE IS PROSECUTED. 2,156
(E) THE REMEDIES AVAILABLE UNDER THIS SECTION ARE IN 2,159
47
ADDITION TO ANY OTHER REMEDIES AVAILABLE UNDER THE LAW. 2,160
Sec. 3717.32. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,169
OF RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE. 2,171
(B) IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW AND 2,173
IRRESPECTIVE OF WHETHER AN ADEQUATE REMEDY AT LAW EXISTS, THE 2,174
DIRECTOR OF AGRICULTURE MAY APPLY TO THE COURT OF COMMON PLEAS 2,175
FOR A TEMPORARY OR PERMANENT INJUNCTION OR OTHER APPROPRIATE 2,177
RELIEF CONCERNING THE VIOLATION OF A PROVISION OF THIS CHAPTER OR
THE RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD 2,178
ESTABLISHMENTS. APPLICATION SHALL BE MADE TO THE COURT IN THE 2,179
COUNTY IN WHICH THE VIOLATION OCCURS. 2,180
NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION 2,181
2705.05 OF THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND 2,182
TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH AN 2,184
INJUNCTION OR OTHER RELIEF ISSUED PURSUANT TO THIS DIVISION SHALL 2,186
BE FINED NOT MORE THAN ONE THOUSAND DOLLARS. EACH DAY THE
NONCOMPLIANCE CONTINUES IS A SEPARATE OFFENSE. 2,188
(C) FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS 2,189
SECTION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT 2,190
OF THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE REVISED 2,192
CODE. THE REMAINING FIFTY PER CENT SHALL BE CREDITED TO THE 2,194
GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE CASE IS 2,196
PROSECUTED.
Sec. 3717.33. PURSUANT TO SECTION 3717.04 OF THE REVISED 2,199
CODE, THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES REGARDING THE 2,200
FOLLOWING:
(A) LICENSING CATEGORIES FOR RETAIL FOOD ESTABLISHMENTS 2,203
AND LICENSING REQUIREMENTS FOR EACH CATEGORY, INCLUDING 2,204
APPROPRIATE PRACTICES FOR THE ACTIVITIES PERFORMED BY A RETAIL
FOOD ESTABLISHMENT; 2,205
(B) STANDARDS FOR COLLECTION OF FOOD SAMPLES FROM RETAIL 2,208
FOOD ESTABLISHMENTS FOR PURPOSES OF IDENTIFYING ADULTERATION AND
MISBRANDING, INCLUDING PROCEDURES FOR THE EXAMINATION OF FOOD 2,209
SAMPLES;
48
(C) RECORDS TO BE GENERATED AND MAINTAINED BY LICENSED 2,212
RETAIL FOOD ESTABLISHMENTS;
(D) APPEALS OF PROPOSED SUSPENSIONS AND REVOCATIONS OF 2,215
RETAIL FOOD ESTABLISHMENT LICENSES AND APPEALS OF SUSPENSIONS OF 2,216
LICENSES ISSUED FOR VIOLATIONS PRESENTING AN IMMEDIATE DANGER TO 2,217
THE PUBLIC HEALTH;
(E) ASSESSMENTS CONDUCTED BY THE DIRECTOR TO DETERMINE 2,219
WHETHER BOARDS OF HEALTH ARE QUALIFIED AND HAVE THE CAPACITY TO 2,220
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER AND THE 2,221
RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS; 2,222
(F) REINSTATEMENT OF A BOARD OF HEALTH AS A LICENSOR AFTER 2,225
THE DIRECTOR HAS REVOKED THE APPROVAL OF THE BOARD; 2,226
(G) PROCEDURES FOR RESOLVING DISPUTES BETWEEN LICENSEES 2,229
AND LICENSORS;
(H) PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A 2,231
BOARD OF HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A 2,232
PERSON UNDER SECTION 3717.31 OF THE REVISED CODE; 2,233
(I) ANY OTHER MATTER THE DIRECTOR CONSIDERS RELEVANT TO 2,236
THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS
CHAPTER APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. 2,237
Sec. 3717.41. (A) EXCEPT AS PROVIDED IN SECTION 3717.42 2,239
OF THE REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL OPERATE 2,241
A FOOD SERVICE OPERATION WITHOUT A LICENSE. A SEPARATE LICENSE 2,242
IS REQUIRED FOR EACH FOOD SERVICE OPERATION A PERSON OR 2,243
GOVERNMENT ENTITY OPERATES.
NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH 2,245
ANY OTHER REQUIREMENT OF THIS CHAPTER APPLICABLE TO FOOD SERVICE 2,247
OPERATIONS.
Sec. 3717.42. (A) THE FOLLOWING ARE NOT FOOD SERVICE 2,249
OPERATIONS:
(1) A RETAIL FOOD ESTABLISHMENT LICENSED UNDER THIS 2,251
CHAPTER, INCLUDING A RETAIL FOOD ESTABLISHMENT THAT PROVIDES THE 2,252
SERVICES OF A FOOD SERVICE OPERATION PURSUANT TO AN ENDORSEMENT 2,253
ISSUED UNDER SECTION 3717.44 OF THE REVISED CODE; 2,254
49
(2) AN ENTITY EXEMPT FROM THE REQUIREMENT TO BE LICENSED 2,255
AS A RETAIL FOOD ESTABLISHMENT UNDER DIVISION (B) OF SECTION 2,256
3717.22 OF THE REVISED CODE; 2,257
(3) A BUSINESS REGULATED BY THE FEDERAL GOVERNMENT OR THE 2,258
DEPARTMENT OF AGRICULTURE AS A FOOD MANUFACTURING OR FOOD 2,259
PROCESSING OPERATION, INCLUDING AN OPERATION REGULATED BY THE 2,260
DEPARTMENT OF AGRICULTURE UNDER CHAPTER 911., 915., OR 925. OF 2,261
THE REVISED CODE. 2,262
(B) ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT 2,263
TO BE LICENSED AS A FOOD SERVICE OPERATION: 2,265
(1) A PRIVATE HOME IN WHICH INDIVIDUALS RELATED BY BLOOD, 2,266
MARRIAGE, OR LAW RESIDE AND IN WHICH THE FOOD THAT IS PREPARED OR 2,267
SERVED IS INTENDED ONLY FOR THOSE INDIVIDUALS AND THEIR NONPAYING 2,268
GUESTS; 2,269
(2) A PRIVATE HOME OPERATED AS A BED-AND-BREAKFAST THAT 2,271
PREPARES AND OFFERS FOOD TO GUESTS, IF THE HOME IS 2,272
OWNER-OCCUPIED, THE NUMBER OF AVAILABLE GUEST BEDROOMS DOES NOT 2,273
EXCEED SIX, BREAKFAST IS THE ONLY MEAL OFFERED, THE NUMBER OF 2,274
GUESTS SERVED DOES NOT EXCEED SIXTEEN, AND THE CONSUMER IS 2,275
INFORMED BY STATEMENTS CONTAINED IN PUBLISHED ADVERTISEMENTS, 2,276
MAILED BROCHURES, AND PLACARDS POSTED AT THE REGISTRATION AREA 2,277
THAT THE FOOD IS PREPARED IN A KITCHEN THAT IS NOT REGULATED AND 2,278
INSPECTED UNDER THIS CHAPTER;
(3) A STAND OPERATED ON THE PREMISES OF A PRIVATE HOME BY 2,279
ONE OR MORE CHILDREN UNDER THE AGE OF TWELVE, IF THE FOOD SERVED 2,280
IS NOT POTENTIALLY HAZARDOUS; 2,281
(4) A RESIDENTIAL FACILITY THAT ACCOMMODATES NOT MORE THAN 2,282
SIXTEEN RESIDENTS; IS LICENSED, CERTIFIED, REGISTERED, OR 2,283
OTHERWISE REGULATED BY THE FEDERAL GOVERNMENT OR BY THE STATE OR 2,284
A POLITICAL SUBDIVISION OF THE STATE; AND PREPARES FOOD FOR OR 2,285
SERVES FOOD TO ONLY THE RESIDENTS OF THE FACILITY, THE STAFF OF 2,286
THE FACILITY, AND ANY NONPAYING GUESTS OF RESIDENTS OR STAFF; 2,287
(5) A CHURCH, SCHOOL, FRATERNAL OR VETERANS' ORGANIZATION, 2,290
VOLUNTEER FIRE ORGANIZATION, OR VOLUNTEER EMERGENCY MEDICAL 2,291
50
SERVICE ORGANIZATION PREPARING OR SERVING FOOD INTENDED FOR 2,292
INDIVIDUAL PORTION SERVICE ON ITS PREMISES FOR NOT MORE THAN 2,293
SEVEN CONSECUTIVE DAYS OR NOT MORE THAN FIFTY-TWO SEPARATE DAYS 2,295
DURING A LICENSING PERIOD;
(6) A COMMON CARRIER THAT PREPARES OR SERVES FOOD, IF THE 2,297
CARRIER IS REGULATED BY THE FEDERAL GOVERNMENT; 2,298
(7) A FOOD SERVICE OPERATION SERVING FIVE OR FEWER 2,300
INDIVIDUALS DAILY;
(8) A TYPE A OR TYPE B FAMILY DAY-CARE HOME, AS DEFINED IN 2,303
SECTION 5104.01 OF THE REVISED CODE, THAT PREPARES OR SERVES FOOD 2,305
FOR THE CHILDREN RECEIVING DAY-CARE;
(9) A VENDING MACHINE LOCATION WHERE THE ONLY FOODS 2,308
DISPENSED ARE FOODS FROM ONE OR BOTH OF THE FOLLOWING CATEGORIES: 2,309
(a) PREPACKAGED FOODS THAT ARE NOT POTENTIALLY HAZARDOUS; 2,311
(b) NUTS, PANNED OR WRAPPED BULK CHEWING GUM, OR PANNED OR 2,313
WRAPPED BULK CANDIES. 2,314
(10) A PLACE SERVICING THE VENDING MACHINES AT A VENDING 2,316
MACHINE LOCATION DESCRIBED IN DIVISION (B)(9) OF THIS SECTION; 2,317
(11) A COMMISSARY SERVICING VENDING MACHINES THAT DISPENSE 2,319
ONLY MILK, MILK PRODUCTS, OR FROZEN DESSERTS THAT ARE UNDER A 2,320
STATE OR FEDERAL INSPECTION AND ANALYSIS PROGRAM; 2,321
(12) A "CONTROLLED LOCATION VENDING MACHINE LOCATION," 2,324
WHICH MEANS A VENDING MACHINE LOCATION AT WHICH ALL OF THE
FOLLOWING APPLY: 2,325
(a) THE VENDING MACHINES DISPENSE ONLY FOODS THAT ARE NOT 2,327
POTENTIALLY HAZARDOUS; 2,328
(b) THE MACHINES ARE DESIGNED TO BE FILLED AND MAINTAINED 2,330
IN A SANITARY MANNER BY UNTRAINED PERSONS; 2,331
(c) MINIMAL PROTECTION IS NECESSARY TO ENSURE AGAINST 2,333
CONTAMINATION OF FOOD AND EQUIPMENT. 2,334
Sec. 3732.03 3717.43. (A) No person or government entity 2,343
shall operate a food service operation without a license. A 2,345
separate license is required for each food service operation that 2,346
a person or government entity operates. 2,347
51
(B) Each person or government entity requesting a food 2,349
service operation license or the renewal of a license shall apply 2,350
to the appropriate licensor on a form provided by the licensor. 2,351
Licensors shall use a form prescribed and furnished to the 2,352
licensor by the director of health or a form prescribed by the 2,353
licensor that has been approved by the director. THE APPLICANT 2,354
SHALL INCLUDE WITH THE APPLICATION ALL INFORMATION NECESSARY FOR 2,355
THE LICENSOR TO PROCESS THE APPLICATION, AS REQUESTED BY THE 2,356
LICENSOR.
Applications for food service operation licenses other than 2,358
those for mobile and catering food service operation licenses 2,359
shall be submitted to the licensor for the health district in 2,360
which the food service operation is located. Applications for 2,361
mobile food service operation licenses shall be submitted to the 2,362
licensor for the health district in which the applicant's 2,363
business headquarters are located, or, if the headquarters are 2,364
located outside this state, to the licensor for the district 2,365
where the applicant will first operate in this state. 2,366
Applications for catering food service operation licenses shall 2,367
be submitted to the licensor for the district where the 2,368
applicant's base of operation is located. 2,369
(C) A (B) THE licensor shall review all applications 2,371
received. The licensor shall issue a license for a new food 2,372
service operation when the applicant submits a complete 2,373
application and the licensor determines that the applicant meets 2,374
all other requirements for receiving the license in accordance 2,375
with OF this chapter and the rules adopted under it FOR RECEIVING 2,377
THE LICENSE. The licensor shall issue a renewed license on 2,379
receipt of a complete renewal application.
Licenses THE LICENSOR shall be issued ISSUE LICENSES FOR 2,383
FOOD SERVICE OPERATIONS on forms prescribed and furnished by the 2,384
director of health. If the license is for a mobile food service 2,385
operation, the licensor shall post the operation's layout, 2,386
equipment, and menu on the back of the license.
52
A MOBILE OR CATERING FOOD SERVICE OPERATION LICENSE ISSUED 2,388
BY ONE LICENSOR SHALL BE RECOGNIZED BY ALL OTHER LICENSORS IN 2,389
THIS STATE.
(C)(1) A food service operation license other than a 2,391
temporary food service operation license expires at the end of 2,392
the licensing period for which the license is issued and may be 2,393
renewed. A, EXCEPT AS FOLLOWS: 2,394
(a) A LICENSE ISSUED TO A NEW FOOD SERVICE OPERATION AFTER 2,395
THE FIRST DAY OF DECEMBER SHALL NOT EXPIRE UNTIL THE END OF THE 2,397
LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE; 2,398
(b) A temporary food service operation license expires at 2,401
the end of the period for which it is issued and is not 2,403
renewable. All
(2) ALL food service operation licenses remain valid until 2,406
they are scheduled to expire unless earlier suspended or revoked 2,407
under section 3732.11 3717.49 of the Revised Code.
A mobile or catering food service operation license issued 2,409
by one licensor shall be recognized by all other licensors in 2,410
this state. 2,411
(D) A FOOD SERVICE OPERATION LICENSE MAY BE RENEWED, 2,413
EXCEPT THAT A TEMPORARY FOOD SERVICE OPERATION LICENSE IS NOT 2,414
RENEWABLE. Applications for renewal of food service operation 2,415
licenses other than those for mobile and seasonal food service 2,416
operation licenses shall be submitted to the licensor not later 2,417
than the first day of March. Renewal applications for mobile and 2,418
seasonal food service operation licenses shall be submitted prior 2,419
to commencing operation in a new licensing period. A licensor 2,420
may renew a license prior to the first day of March or the first 2,421
day of operation in a new licensing period, but not before the 2,422
first day of February immediately preceding the licensing period 2,423
for which the license is being renewed. 2,424
If a renewal application is not filed with the licensor or 2,426
postmarked on or before the first day of March or, in the case of 2,427
a mobile or seasonal food service operation, the first day of 2,428
53
operation in a new licensing period, the licensor shall assess a 2,429
penalty of twenty-five per cent of the fee charged for renewing 2,430
licenses, if the licensor charges renewal fees. If an applicant 2,431
is subject to a penalty, the licensor shall not renew the license 2,432
until the applicant pays the penalty. 2,433
(E)(1) Except as provided in division (E)(3) of this 2,435
section, there is no limit on the number of temporary food 2,436
service operation licenses a licensor may issue to a person or 2,437
government entity to operate at different events. For each 2,438
particular event, a licensor may issue only one license for the 2,439
same operation. 2,440
(2) A licensor may issue a temporary food service 2,442
operation license to operate for more than five CONSECUTIVE days 2,443
if both of the following apply: 2,444
(a) The operation will be operated at an event organized 2,446
by a county agricultural society or independent agricultural 2,447
society organized under Chapter 1711. of the Revised Code; 2,448
(b) The person who will receive the license is a resident 2,450
of the county or one of the counties for which the agricultural 2,451
society was organized. 2,452
(3) A person may be granted only one temporary food 2,454
service operation license per licensing period pursuant to 2,455
division (E)(2) of this section. 2,456
(F) The licensor may place restrictions or conditions on a 2,458
food service operation license limiting the types of food that 2,459
may be prepared or served by the licensee FOOD SERVICE OPERATION 2,460
based on the equipment or facilities of the food service 2,462
operation. Limitations pertaining to a mobile or catering food 2,463
service operation shall be posted on the back of the license. 2,464
(G) A licensee THE PERSON OR GOVERNMENT ENTITY HOLDING A 2,466
LICENSE FOR A FOOD SERVICE OPERATION shall display the license 2,467
for that food service operation at all times at the licensed 2,468
location. A licensee PERSON OR GOVERNMENT ENTITY holding a 2,469
catering food service operation license shall also maintain a 2,471
54
copy of the license at each catered event.
(H) WITH THE ASSISTANCE OF THE DEPARTMENT OF HEALTH, THE 2,473
LICENSOR, TO THE EXTENT PRACTICABLE, SHALL AUTOMATE THE PROCESS 2,474
FOR LICENSING FOOD SERVICE OPERATIONS. 2,475
Sec. 3717.44. (A) THE PERSON OR GOVERNMENT ENTITY HOLDING 2,477
A LICENSE FOR A FOOD SERVICE OPERATION MAY PROVIDE THE SERVICES 2,478
OF A RETAIL FOOD ESTABLISHMENT WITHIN THE FOOD SERVICE OPERATION 2,479
WITHOUT OBTAINING A RETAIL FOOD ESTABLISHMENT LICENSE IF THE 2,480
PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF FOOD SERVICE 2,481
OPERATIONS AN ENDORSEMENT TO PROVIDE THE SERVICES OF A RETAIL 2,482
FOOD ESTABLISHMENT.
(B) WHEN THE ACTIVITIES OF A FOOD SERVICE OPERATION AND A 2,485
RETAIL FOOD ESTABLISHMENT ARE CARRIED ON WITHIN THE SAME FACILITY 2,486
BY THE SAME PERSON OR GOVERNMENT ENTITY, THE DETERMINATION OF 2,487
WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A FOOD SERVICE 2,488
OPERATION OR RETAIL FOOD ESTABLISHMENT SHALL BE MADE ACCORDING TO
THE PRIMARY BUSINESS OF THE PERSON OR ENTITY. IF THE PRIMARY 2,490
BUSINESS IS THAT OF A FOOD SERVICE OPERATION, THE PERSON OR 2,491
ENTITY SHALL BE LICENSED AS A FOOD SERVICE OPERATION WITH AN 2,492
ENDORSEMENT FROM THE LICENSOR ISSUED UNDER THIS SECTION TO 2,493
PROVIDE THE SERVICES OF A RETAIL FOOD ESTABLISHMENT. IF THE 2,494
PRIMARY BUSINESS IS THAT OF A RETAIL FOOD ESTABLISHMENT, THE 2,495
PERSON OR ENTITY SHALL BE LICENSED AS A RETAIL FOOD ESTABLISHMENT 2,496
AND IS SUBJECT TO THE ENDORSEMENT PROVISIONS OF SECTION 3717.24 2,497
OF THE REVISED CODE.
THE LICENSOR OF FOOD SERVICE OPERATIONS AND RETAIL FOOD 2,499
ESTABLISHMENTS FOR THE AREA IN WHICH A FACILITY IS LOCATED SHALL 2,500
MAKE THE DETERMINATION OF WHETHER THE PRIMARY BUSINESS CARRIED ON 2,502
WITHIN A FACILITY IS THAT OF A FOOD SERVICE OPERATION OR RETAIL 2,503
FOOD ESTABLISHMENT. IF THE LICENSOR OF FOOD SERVICE OPERATIONS 2,504
FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF RETAIL FOOD 2,505
ESTABLISHMENTS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH 2,506
LICENSORS. EACH DETERMINATION SHALL BE MADE ACCORDING TO 2,507
CRITERIA SPECIFIED IN THE OHIO BASIC FOOD CODE. 2,508
55
(C) A REQUEST TO HAVE A FOOD SERVICE OPERATION LICENSE 2,511
INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN APPLICATION FOR 2,512
ISSUANCE OR RENEWAL OF A FOOD SERVICE OPERATION LICENSE OR MAY BE 2,513
SUBMITTED SEPARATELY. PROCEDURES FOR MAKING SEPARATE REQUESTS 2,514
SHALL BE THE SAME AS THE LICENSE APPLICATION PROCEDURES 2,515
ESTABLISHED UNDER SECTION 3717.43 OF THE REVISED CODE. 2,516
AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME 2,518
MANNER AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION 2,519
3717.48 OF THE REVISED CODE. THE SUSPENSION OR REVOCATION OF AN 2,521
ENDORSEMENT DOES NOT AFFECT THE FOOD SERVICE OPERATION LICENSE 2,522
THAT INCLUDES THE ENDORSEMENT. IF THE FOOD SERVICE OPERATION
LICENSE IS SUSPENDED OR REVOKED, THE ENDORSEMENT INCLUDED ON THE 2,523
LICENSE IS ALSO SUSPENDED OR REVOKED. 2,524
(D) IF A RETAIL FOOD ESTABLISHMENT IS OPERATED WITHIN A 2,527
FOOD SERVICE OPERATION BY A PERSON OR GOVERNMENT ENTITY OTHER 2,528
THAN THE PERSON OR ENTITY HOLDING THE LICENSE TO OPERATE THE FOOD 2,529
SERVICE OPERATION, THE RETAIL FOOD ESTABLISHMENT MAY NOT BE 2,530
OPERATED UNDER AN ENDORSEMENT. THE ESTABLISHMENT SHALL BE 2,532
LICENSED AS A SEPARATE RETAIL FOOD ESTABLISHMENT. 2,533
Sec. 3732.04 3717.45. (A) A licensor may charge fees for 2,542
issuing and renewing food service operation licenses. Any 2,544
licensing fee charged shall be established in accordance with 2,545
section 3709.09 of the Revised Code. The fees shall be used 2,546
solely for the administration and enforcement of THE PROVISIONS 2,547
OF this chapter and the rules adopted under it APPLICABLE TO FOOD 2,549
SERVICE OPERATIONS.
(B) At ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL 2,551
BE BASED ON THE LICENSOR'S COSTS OF LICENSING FOOD SERVICE 2,553
OPERATIONS, AS DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES 2,554
ESTABLISHED UNDER SECTION 3717.06 OF THE REVISED CODE. IF THE 2,555
LICENSOR IS A BOARD OF HEALTH, A FEE MAY BE DISAPPROVED BY THE 2,557
DISTRICT ADVISORY COUNCIL IN THE CASE OF A GENERAL HEALTH 2,558
DISTRICT OR THE LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF 2,559
A CITY HEALTH DISTRICT. A DISAPPROVED FEE SHALL NOT BE CHARGED 2,561
56
BY THE BOARD OF HEALTH.
AT least thirty days prior to establishing a licensing fee, 2,563
the licensor shall hold a public hearing regarding the proposed 2,564
fee. At least thirty days prior to the public hearing, the 2,565
licensor shall give written notice of the hearing to each
licensee PERSON OR GOVERNMENT ENTITY HOLDING A FOOD SERVICE 2,566
OPERATION LICENSE that may be affected by the proposed fee. The 2,567
notice shall be mailed to the last known address of the licensee 2,568
and shall specify the date, time, and place of the hearing and 2,569
the amount of the proposed fee. On request, the licensor shall 2,570
provide the completed uniform methodology used in the calculation 2,571
of the licensor's costs and the proposed fee. 2,572
(C)(B) In addition to licensing fees, a licensor may 2,574
charge fees for the following: 2,575
(1) Review of PLANS FOR A food service operation plans, 2,577
other than plans pertaining to mobile and temporary food service 2,579
operations, or similar reviews conducted for vending machine 2,580
locations;
(2) Any necessary collection and bacteriological 2,582
examination of water samples FROM FOOD SERVICE OPERATIONS, OR 2,583
SIMILAR SERVICES SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY 2,584
THE PUBLIC HEALTH COUNCIL; 2,585
(3) Any necessary collection and bacteriological 2,587
examination of frozen dessert samples taken from a frozen dessert 2,588
dispensing freezer; 2,589
(4) Attending ATTENDANCE AT a course of study in food 2,591
protection offered by the licensor IN FOOD PROTECTION AS IT 2,593
PERTAINS TO FOOD SERVICE OPERATIONS, if the course is approved 2,594
under section 3732.14 3717.09 of the Revised Code. 2,596
(D)(C) The public health council may determine by rule an 2,598
amount to be collected from applicants for food service operation 2,599
licenses for use by the director of health in administering and 2,600
enforcing THE PROVISIONS OF this chapter and the rules adopted 2,601
under it APPLICABLE TO FOOD SERVICE OPERATIONS. Licensors shall 2,603
57
collect the amount prior to issuing an applicant's new or renewed 2,604
license. If a licensing fee is charged under this section, the 2,605
licensor shall collect the amount at the same time the fee is 2,606
collected. Licensors are not required to provide notice or hold 2,607
public hearings regarding amounts collected under this division. 2,608
Not later than sixty days after the last day of the month 2,610
in which a license is issued, the licensor shall certify the 2,611
amount collected under this division and transmit the amount to 2,612
the treasurer of state. All amounts received shall be deposited 2,613
into the general operations fund created in section 3701.82 2,614
3701.83 of the Revised Code and shall be used by the. THE 2,616
director SHALL USE THE AMOUNTS solely for the administration and 2,618
enforcement of THE PROVISIONS OF this chapter and the rules 2,619
adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS. 2,620
The director may submit recommendations to the public 2,622
health council regarding the amounts collected under this 2,623
division. When making recommendations, the director shall submit 2,624
a report stating the current and projected expenses of 2,625
administering and enforcing THE PROVISIONS OF this chapter and 2,626
the rules adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS 2,628
and the total of all amounts that have been deposited in the 2,630
general operations fund pursuant to this division. The director 2,631
may include in the report any recommendations for modifying the 2,632
department's administration and enforcement of THE PROVISIONS OF 2,633
this chapter and the rules adopted under it APPLICABLE TO FOOD 2,634
SERVICE OPERATIONS. 2,635
Sec. 3732.05 3717.46. (A) A food service operation 2,644
license may be transferred by the licensor under either of the 2,646
following circumstances: 2,647
(1) The sale or disposition of the food service operation; 2,649
(2) The relocation of the food service operation. 2,651
(B) A person or government entity may request to receive a 2,653
food service operation license by transfer. A licensor may 2,654
transfer a license only on determining that the person or 2,655
58
government entity requesting the transfer is in compliance with 2,656
THE PROVISIONS OF this chapter and the rules adopted under it 2,658
APPLICABLE TO FOOD SERVICE OPERATIONS. In the case of the sale 2,660
or disposition of a food service operation, the license may not 2,661
be transferred unless the licensee consents to the transfer. A 2,662
license shall not be transferred more than once in a licensing
period. Temporary food service operation licenses are not 2,663
transferable. 2,664
Sec. 3732.08 3717.47. (A) As used in this section: 2,673
(1) "Critical control point inspection" means an 2,675
inspection designed to identify and prevent food handling 2,676
procedures that epidemiological data have shown to lead to 2,677
outbreaks of foodborne disease. 2,678
(2) "Standard inspection" means an inspection designed to 2,680
determine compliance with this chapter and the rules adopted 2,682
under it. 2,683
(B) Licensors shall classify food service operations, 2,685
other than vending machine locations and mobile and temporary 2,686
food service operations, according to the factors contributing to 2,687
foodborne disease identified in rules adopted by the public 2,688
health council under section 3732.02 of the Revised Code. Food 2,690
service operation classifications consist of "class I," "class 2,691
II," and "class III," with class I representing the smallest risk 2,692
of foodborne disease and class III the greatest risk. 2,693
(C)(1) A licensor shall inspect the food service 2,695
operations in its district as follows: 2,696
(a) Class I: at least one standard inspection shall be 2,698
conducted each licensing period; 2,699
(b) Class II: Except as provided in division (C)(3) of 2,701
this section, at least two standard inspections shall be 2,702
conducted each licensing period; 2,703
(c) Class III: Except as provided in division (C)(3) of 2,705
this section, at least two standard inspections and one critical 2,706
control point inspection shall be conducted each licensing 2,707
59
period; 2,708
(d) Vending machine locations: at least one standard 2,710
inspection of at least fifty per cent of the locations operated 2,711
by a licensee shall be conducted each licensing period; 2,712
(e) Mobile food service operations: at least one standard 2,714
inspection shall be conducted each licensing period; 2,715
(f) Temporary food service operations: at least one 2,717
standard inspection shall be conducted during the period the 2,718
operation is being operated; 2,719
(g) New food service operations: one standard inspection 2,721
shall be conducted not later than thirty days after the license 2,722
for the operation is issued. 2,723
(2) The licensor shall schedule the standard inspections 2,725
required for class I and II food service operations, vending 2,726
machine locations, and mobile food service operations so that not 2,727
more than twelve months elapse between the standard inspections 2,728
of a particular operation. The critical control point 2,729
inspections required for class III food service operations shall 2,730
be scheduled so that not more than twelve months elapse between 2,731
the critical control point inspections of each operation. 2,732
(3) One of the standard inspections required for a class 2,734
II or class III food service operation may be eliminated if 2,735
either of the following is the case: 2,736
(a) A manager or other individual responsible on a regular 2,738
basis for that operation is certified in food protection under 2,739
section 3732.14 of the Revised Code; 2,740
(b) The operation is a seasonal food service operation. 2,742
(D) Standard and critical control point ALL inspections OF 2,744
FOOD SERVICE OPERATIONS CONDUCTED BY A LICENSOR UNDER THIS 2,745
CHAPTER shall be conducted ACCORDING TO THE PROCEDURES AND 2,746
SCHEDULE OF FREQUENCY SPECIFIED IN RULES ADOPTED UNDER SECTION 2,747
3717.05 OF THE REVISED CODE. AN INSPECTION MAY BE PERFORMED only 2,748
by a sanitarian or sanitarian-in-training registered under 2,749
Chapter 4736. of the Revised Code. Inspections EACH INSPECTION 2,750
60
shall be recorded on a form prescribed and furnished by the 2,751
director of health or a form prescribed by the licensor that has 2,752
been approved by the director THAT HAS BEEN PRESCRIBED BY A BOARD 2,753
OF HEALTH ACTING AS LICENSOR. WITH THE ASSISTANCE OF THE 2,754
DIRECTOR, A BOARD ACTING AS LICENSOR, TO THE EXTENT PRACTICABLE, 2,756
SHALL AUTOMATE THE INSPECTION PROCESS AND SHALL STANDARDIZE THE 2,757
MANNER IN WHICH ITS INSPECTIONS ARE CONDUCTED.
(E)(B) A licensee PERSON OR GOVERNMENT ENTITY HOLDING A 2,760
FOOD SERVICE OPERATION LICENSE shall permit the licensor to
inspect a THE food service operation for purposes of determining 2,762
compliance with this chapter and the rules adopted under it or 2,763
investigating a complaint regarding foodborne disease. 2,764
Inspections and investigations shall be conducted at times 2,765
determined by the licensor to be reasonable. On request, OF the 2,766
licensor, THE LICENSE HOLDER shall be permitted PERMIT THE 2,769
LICENSOR to examine the records of the food service operation to 2,770
obtain information about the purchase, receipt, or use of food, 2,771
supplies, and equipment. 2,772
A licensor may inspect any mobile food service operation or 2,774
catering food service operation being operated within the 2,775
licensor's district. If an inspection of a mobile or catering 2,776
food service operation is conducted by a licensor other than the 2,777
licensor that issued the license for the operation, a report of 2,778
the inspection shall be sent to the issuing licensor. The 2,779
issuing licensor may use the inspection report to suspend or 2,780
revoke the license under section 3732.11 3717.49 of the Revised 2,782
Code.
(C) AN INSPECTION MAY INCLUDE AN INVESTIGATION TO 2,784
DETERMINE THE IDENTITY AND SOURCE OF A PARTICULAR FOOD. 2,785
Sec. 3717.48. TRADE SECRETS AND OTHER FORMS OF INFORMATION 2,786
THAT, UNDER THIS CHAPTER, ARE REQUIRED TO BE FURNISHED TO OR ARE 2,787
PROCURED BY A LICENSOR OF FOOD SERVICE OPERATIONS SHALL BE FOR 2,788
THE EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE 2,789
DISCHARGE OF THE LICENSOR'S OFFICIAL DUTIES. THE INFORMATION 2,790
61
SHALL NOT BE OPEN TO THE PUBLIC OR USED IN ANY ACTION OR 2,791
PROCEEDING IN ANY COURT. THE LICENSOR SHALL MAINTAIN THE 2,792
CONFIDENTIALITY OF THE INFORMATION, EXCEPT THAT THE INFORMATION 2,793
MAY BE CONSOLIDATED IN STATISTICAL TABLES AND PUBLISHED BY THE 2,794
LICENSOR IN STATISTICAL FORM FOR THE USE AND INFORMATION OF STATE 2,795
AND LOCAL AGENCIES AND THE PUBLIC, IF THE STATISTICS DO NOT 2,796
DISCLOSE DETAILS ABOUT A PARTICULAR PERSON OR GOVERNMENT ENTITY 2,797
THAT PROVIDED INFORMATION TO THE LICENSOR. AN INDIVIDUAL EMPLOYED 2,798
BY THE LICENSOR OR ASSISTING THE LICENSOR IN THE ADMINISTRATION 2,799
OF THE FOOD SERVICE OPERATION LICENSING REQUIREMENTS OF THIS 2,800
CHAPTER SHALL NOT WILLFULLY DIVULGE ANY INFORMATION THAT IS 2,801
CONFIDENTIAL UNDER THIS SECTION TO ANY PERSON OR GOVERNMENT 2,802
ENTITY OTHER THAN THE LICENSOR OR THE INDIVIDUAL'S SUPERIOR. 2,803
Sec. 3732.11 3717.49. (A)(1) A licensor may suspend or 2,813
revoke a food service operation license on determining that a 2,815
licensee THE LICENSE HOLDER is in violation of any requirement of 2,817
this chapter or THE rules adopted under it APPLICABLE TO FOOD 2,818
SERVICE OPERATIONS, INCLUDING A VIOLATION EVIDENCED BY THE 2,819
DOCUMENTED FAILURE TO MAINTAIN SANITARY CONDITIONS WITHIN THE
OPERATION. Except 2,820
(B)(1) EXCEPT in the case of a violation that presents an 2,823
immediate danger to the public health, prior to initiating action 2,824
to suspend or revoke a FOOD SERVICE OPERATION license, the 2,825
licensor shall give the licensee LICENSE HOLDER written notice 2,827
specifying each violation and a reasonable time within which each 2,829
violation must be corrected to avoid suspension or revocation of 2,830
the licensee's food service operation license. The licensor may 2,831
extend the time specified in the notice for correcting a 2,832
violation if the licensee LICENSE HOLDER is making a good faith 2,834
effort to correct it.
If the licensee LICENSE HOLDER fails to correct the 2,836
violation in the time granted by the licensor, the licensor may 2,838
initiate action to suspend or revoke the licensee's food service 2,839
operation license by giving the licensee LICENSE HOLDER written 2,840
62
notice of the proposed suspension or revocation. The licensor 2,842
shall include in the notice a description of the procedure for 2,843
appealing the proposed suspension or revocation. The licensee 2,844
LICENSE HOLDER may appeal the proposed suspension or revocation 2,846
by giving written notice to the licensor. The licensee LICENSE 2,847
HOLDER shall specify in the notice whether a hearing is 2,849
requested. The appeal shall be conducted in accordance with 2,850
division (A)(B)(3) of this section.
Any action that may be taken by a licensor under division 2,852
(A)(B)(1) of this section may be taken by a health commissioner 2,854
or other person employed by the licensor if the person or health 2,855
commissioner is authorized by the licensor to take the action. 2,856
(2)(a) If actions are initiated to revoke or, except in 2,858
the case of a violation that presents an immediate danger to the 2,859
public health, to suspend a food service operation license, the 2,860
licensor shall determine whether to revoke or suspend the license 2,861
as follows: 2,862
(i) If the licensor is a board of health of a city or 2,864
general health district or the authority having the duties of a 2,865
board of health under section 3709.05 of the Revised Code, by a 2,866
majority vote of the members of the board or authority present at 2,867
a meeting at which there is a quorum; 2,868
(ii) If the director of health is acting as the licensor 2,870
pursuant to section 3732.09 of the Revised Code, by decision of 2,872
the director. 2,873
(b) If the licensor determines to revoke or suspend the 2,875
license, the licensor shall issue an order revoking or suspending 2,876
the license. 2,877
(3) An appeal made under division (A)(B)(1) of this 2,879
section shall be conducted in accordance with procedures 2,880
established in rules adopted by the director of health under 2,881
section 3732.13 3717.52 of the Revised Code. If a hearing is 2,883
requested, it shall be held prior to the issuance of an order 2,884
under division (A)(B)(2) of this section, but may be conducted at 2,886
63
the meeting at which issuance of the order is considered. 2,887
(B)(C)(1) On determining that a licensee LICENSE HOLDER is 2,890
in violation of any requirement of this chapter or THE rules 2,891
adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS and that 2,893
the violation presents an immediate danger to the public health, 2,894
the licensor may suspend the licensee's food service operation 2,895
license without giving written notice or affording the licensee 2,896
LICENSE HOLDER the opportunity to correct the violation. If the 2,897
licensee LICENSE HOLDER is operating a mobile or catering food 2,898
service operation, either the licensor that issued the license or 2,900
the licensor for the health district in which the operation is 2,901
being operated may suspend the license. 2,902
A suspension under division (B)(C)(1) of this section takes 2,904
effect immediately and remains in effect until the licensor lifts 2,905
the suspension. When a mobile food service operation license is 2,906
suspended under this division, the licensor that suspended the 2,907
license shall hold the license until the suspension is lifted and 2,908
the licensor receives from the licensee LICENSE HOLDER written 2,909
notice of the next location at which the licensee LICENSE HOLDER 2,911
proposes to operate the food service operation. 2,913
After suspending a license under division (B)(C)(1) of this 2,915
section, the licensor shall give the licensee LICENSE HOLDER 2,916
written notice of the procedure for appealing the suspension. 2,918
The licensee LICENSE HOLDER may appeal the suspension by giving 2,920
written notice to the licensor and specifying in the notice 2,921
whether a hearing is requested. The appeal shall be conducted in 2,922
accordance with division (B)(C)(2) of this section. 2,924
Any action that may be taken by a licensor under division 2,926
(B)(C)(1) of this section may be taken by a health commissioner 2,928
or person employed by a city in a position comparable to that of 2,929
health commissioner if the person or health commissioner is 2,930
authorized by the licensor to take the action. A person or 2,931
health commissioner that WHO suspends a license under this 2,932
authority may, on determining that there is no longer an 2,934
64
immediate danger to the public health, lift the suspension 2,935
without consulting the licensor. 2,936
(2)(a) If the licensee LICENSE HOLDER appeals a suspension 2,938
under division (B)(C)(1) of this section, the licensor shall 2,940
determine whether the immediate danger to the public health 2,942
continues to exist as follows: 2,943
(i) If the licensor is a board of health of a city or 2,945
general health district or the authority having the duties of a 2,946
board of health under section 3709.05 of the Revised Code, by 2,947
majority vote of the members of the board or authority present at 2,948
a meeting at which there is a quorum; 2,949
(ii) If the director of health is acting as the licensor 2,951
pursuant to section 3732.09 of the Revised Code, by decision of 2,953
the director. 2,954
(b) If the licensor determines that there is no longer an 2,956
immediate danger to the public health, the licensor shall lift 2,957
the suspension. If the licensor determines that the immediate 2,958
danger continues to exist, the licensor shall issue an order 2,959
continuing the suspension. 2,960
(3) An appeal requested under division (B)(C)(1) of this 2,962
section shall be conducted in accordance with procedures 2,963
established in rules adopted by the director of health under 2,964
section 3732.13 3717.52 of the Revised Code. If a hearing is 2,965
requested, it shall be held not later than two business days 2,967
after the request is received by the licensor. The hearing shall 2,968
be held prior to the issuance of an order under division 2,969
(B)(C)(2) of this section, but may be conducted at the meeting at 2,971
which issuance of the order is considered. In the case of a 2,972
suspension of a mobile or catering food service operation 2,973
license, the appeal shall be made to the licensor that suspended 2,974
the license.
(C)(D) A licensee LICENSE HOLDER may appeal an order 2,977
issued under division (A)(B) or (B)(C) of this section as 2,978
follows:
65
(1) If the order was issued by a board of health of a city 2,980
or general health district or the authority having the duties of 2,981
a board of health under section 3709.05 of the Revised Code, to 2,982
the common pleas court of the county in which the licensor is 2,983
located; 2,984
(2) If the order was issued by the director of health, to 2,986
the Franklin county court of common pleas. 2,987
Sec. 3732.12 3717.50. (A) As used in this section, 2,996
"prosecutor" has the same meaning as in section 2935.01 of the 2,998
Revised Code.
(B) No person shall fail to comply with any requirement of 3,000
this chapter. 3,001
(C) At the request of the licensor, the attorney general 3,003
or the prosecutor with jurisdiction in the area where WHEN a 3,004
person allegedly has violated division (B) of this section shall 3,005
commence 3717.41 OF THE REVISED CODE, a criminal prosecution 3,006
SHALL BE COMMENCED against the person. IF THE LICENSOR IS THE 3,008
DIRECTOR OF HEALTH, THE PROSECUTION SHALL BE COMMENCED BY THE 3,009
ATTORNEY GENERAL. IF THE LICENSOR IS A BOARD OF HEALTH, THE 3,010
PROSECUTION SHALL BE COMMENCED BY THE PROSECUTOR WITH 3,011
JURISDICTION IN THE AREA WHERE THE ALLEGED VIOLATION OCCURRED. 3,012
AT THE REQUEST OF A BOARD OF HEALTH ACTING AS LICENSOR, THE 3,013
DIRECTOR OF HEALTH SHALL PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN 3,015
THE PROSECUTION OF A PERSON WHO IS NOT IN COMPLIANCE WITH THE 3,016
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 3,017
APPLICABLE TO FOOD SERVICE OPERATIONS. REQUESTS SHALL BE MADE 3,018
AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH RULES ADOPED 3,019
BY THE DIECTOR OF HEALTH UNDER SECTION 3717.52 OF THE REVISED
CODE.
(D)(C) At the request of the licensor, the attorney 3,021
general or the prosecutor with jurisdiction in the area where a 3,022
person or government entity allegedly has failed to comply with a 3,023
requirement of this chapter or the rules adopted under it 3,024
APPLICABLE TO FOOD SERVICE OPERATIONS shall commence in common 3,026
66
pleas court an action requesting the issuance of a temporary 3,027
restraining order or a preliminary or permanent injunction or a 3,028
mandamus action regarding the act of noncompliance. The court 3,029
may grant the appropriate relief on a showing IF IT IS SHOWN that 3,030
the respondent failed to comply with the requirement. 3,032
Notwithstanding the penalties established in section 3,034
2705.05 of the Revised Code, a person or government entity found 3,035
to be in contempt of court for failing to comply with a 3,036
restraining order, injunction, or writ of mandamus issued 3,037
pursuant to this division shall be fined not more than one 3,038
thousand dollars for each offense. Each day the noncompliance 3,039
continues is a separate offense. 3,040
(D) OF THE FINES COLLECTED UNDER THIS SECTION, IF THE 3,041
LICENSOR IS A BOARD OF HEALTH, FIFTY PER CENT SHALL BE DEPOSITED 3,043
IN AN APPROPRIATE FUND CREATED FOR THE BOARD'S USE IN 3,045
ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND THE RULES 3,046
ADOPTED UNDER IT APPLICABLE TO FOOD SERVICE OPERATIONS; IF THE 3,047
LICENSOR IS THE DIRECTOR OF HEALTH FIFTY PER CENT SHALL BE
DEPOSITED IN THE GENERAL OPERATIONS FUND CREATED UNDER SECTION 3,048
3701.83 OF THE REVISED CODE. THE REMAINING FIFTY PER CENT SHALL 3,050
BE CREDITED TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN 3,051
WHICH THE CASE IS PROSECUTED. 3,052
(E) The remedies available under this section are in 3,054
addition to any other remedies available under the law. 3,055
Sec. 3732.02 3717.51. (A) The PURSUANT TO SECTION 3717.04 3,065
OF THE REVISED CODE, THE public health council shall adopt, and 3,067
has the exclusive power to adopt, rules of uniform application 3,068
throughout this state regarding the following FOOD SERVICE 3,069
OPERATIONS, AS FOLLOWS:
(1)(A) Licensing categories for food service operations 3,071
and licensing requirements for each category; 3,072
(2) Identification of factors contributing to foodborne 3,074
disease for use in classifying food service operations under 3,075
section 3732.08 of the Revised Code; 3,076
67
(3) Criteria for food service operation equipment, 3,078
including refrigerated bulk milk dispensers; 3,079
(4) Standards for sanitation; 3,081
(5) Criteria for approving plans for food service 3,083
operations; 3,084
(6) A definition of "potentially hazardous" as it applies 3,086
to food; 3,087
(7) Procedures and criteria to be used by the director of 3,089
health in approving courses of study for certification in food 3,090
protection under section 3732.14 of the Revised Code; 3,091
(8) Requirements an individual must meet to become 3,093
certified in food protection; 3,094
(9)(B) Standards for the provision of assistance to 3,096
choking victims; 3,097
(10)(C) Any other matter the council considers relevant to 3,099
the administration and enforcement of THE PROVISIONS OF this 3,100
chapter APPLICABLE TO FOOD SERVICE OPERATIONS. 3,101
(B) The public health council may adopt rules establishing 3,103
the number, composition, terms of office, and functions of any 3,104
food service advisory board the director establishes pursuant to 3,105
section 121.13 of the Revised Code. 3,106
(C) All rules adopted under this section shall be adopted 3,108
in accordance with Chapter 119. of the Revised Code. 3,109
Sec. 3732.13 3717.52. (A) The PURSUANT TO SECTION 3717.04 3,119
OF THE REVISED CODE, THE director of health shall adopt rules 3,121
establishing procedures for the following:
(1)(A) Appeals of proposed suspension or revocation of 3,123
food service operation licenses and appeals of suspension of 3,124
licenses issued for violations presenting immediate danger to the 3,125
public health; 3,126
(2) Surveys (B) ASSESSMENTS conducted by the director to 3,129
determine whether boards of health of city or general health 3,130
districts or authorities having the duties of a board of health 3,131
under section 3709.05 of the Revised Code are qualified AND HAVE 3,132
68
THE CAPACITY to administer and enforce THE PROVISIONS OF this 3,134
chapter and the rules adopted under it APPLICABLE TO FOOD SERVICE 3,135
OPERATIONS;
(3)(C) Reinstatement of a board or authority OF HEALTH as 3,138
a licensor after the director has revoked the approval of the 3,139
board or authority; 3,140
(D) PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A 3,142
BOARD OF HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A 3,143
PERSON UNDER SECTION 3717.50 OF THE REVISED CODE; 3,144
(E) PROCEDURES FOR RESOLVING DISPUTES BETWEEN LICENSORS 3,147
AND THE HOLDERS OF LICENSES FOR FOOD SERVICE OPERATIONS.
(B) All rules adopted under this section shall be adopted 3,149
in accordance with Chapter 119. of the Revised Code. 3,150
Sec. 3732.99 3717.99. Whoever violates division (B) of 3,159
section 3732.12 3717.21 OR 3717.41 of the Revised Code is guilty 3,162
of a misdemeanor of the third degree on a first offense; for a 3,163
second offense or subsequent offense, such person is guilty of a 3,164
misdemeanor of the second degree. Each day the violation 3,165
continues is a separate offense. 3,166
Sec. 3724.03. (A) Application for a license to operate a 3,175
community alternative home shall be made by the operator to the 3,176
director of health on forms provided by the director. After 3,177
investigating the application and inspecting the home, the 3,178
director shall issue a license if he THE DIRECTOR determines that 3,180
the following requirements have been met: 3,181
(1) The home is in compliance with this chapter and rules 3,183
adopted by the public health council under section 3724.05 of the 3,184
Revised Code. 3,185
(2) The home meets the fire safety standards established 3,187
by rules adopted under section 3724.05 of the Revised Code and 3,188
has been inspected and approved by a certified electrical safety 3,189
inspector. 3,190
(3) The home complies with local zoning regulations. 3,192
(4) If applicable, the home has a valid food service 3,194
69
license issued under Chapter 3732 3717. of the Revised Code. 3,195
(5) The operator has not been convicted of a felony or a 3,197
crime involving moral turpitude. 3,198
(6) The operator has provided all documentation requested 3,200
by the director. 3,201
(7) The operator has developed policies for infection 3,203
control and for educating caregivers about acquired 3,204
immunodeficiency syndrome. 3,205
(8) The operator has paid the license fee established by 3,207
rule of the public health council under section 3724.05 of the 3,208
Revised Code. 3,209
At the request of the operator on a form furnished by the 3,211
director, the director, in accordance with rules adopted by the 3,212
public health council, may waive any licensing requirement 3,213
established by rule of the council if he THE DIRECTOR determines 3,214
that strict application of the requirement would cause undue 3,216
hardship to the home and that the grant of a waiver would not 3,217
jeopardize the health and safety of any resident of the home. 3,218
The waiver may be granted at the time of initial licensing or 3,219
renewal or during a licensing period and may be temporary or 3,220
permanent.
The license shall contain the name and address of the home 3,222
for which it is issued, the date of expiration of the license, 3,223
and the maximum number of residents that may be accommodated by 3,224
the home. A license is valid for two years from the date of 3,225
issuance. 3,226
Sections 3781.06 to 3781.18 and 3791.04 of the Revised Code 3,228
and building standards adopted pursuant to those sections do not 3,229
apply to any structure for which application is made for 3,230
licensure as a community alternative home unless the license is 3,231
denied. 3,232
(B) The director may issue a temporary license pending 3,234
completion of the licensing inspection if the application and 3,235
documentation meet the requirements of this chapter and the rules 3,236
70
adopted by the public health council. A temporary license is 3,237
valid for ninety days and may be renewed for an additional ninety 3,238
days. The director also may renew a temporary license for the 3,239
duration of proceedings under Chapter 119. of the Revised Code 3,240
regarding the denial of a license if he THE DIRECTOR determines 3,241
that the continued operation of the home will not jeopardize the 3,243
health or safety of the residents. 3,244
(C) Application for renewal of a license to operate a 3,246
community alternative home shall be made by the operator to the 3,247
director of health on forms provided by the director. In 3,248
addition to submitting the application and a fee in the amount 3,249
established by rules of the public health council, the operator 3,250
shall inform the director of any changes in the ownership or 3,251
structure of the buildings housing the home. If the electrical 3,252
wiring has been altered, the operator shall submit proof that the 3,253
alteration has been inspected and approved by a certified 3,254
electrical safety inspector. The director shall inspect the 3,255
facility and shall renew the license if he THE DIRECTOR 3,256
determines that the home complies with the requirements of this 3,257
chapter and the rules adopted by the public health council. 3,259
(D) In accordance with Chapter 119. of the Revised Code, 3,261
the director may deny, revoke, or refuse to issue or renew a 3,262
license or a temporary license for any community alternative home 3,263
that fails to comply with any requirement of this chapter or with 3,264
any rules adopted by the public health council. 3,265
Sec. 4303.021. Permit A-1-A may be issued to the holder of 3,274
an A-1 or A-2 permit to sell beer and any intoxicating liquor at 3,275
retail, only by the individual drink in glass or from a 3,276
container, provided such A-1-A permit premises are situated on 3,277
the same parcel or tract of land as the related A-1 or A-2 3,278
manufacturing permit premises or are separated therefrom only by 3,279
public streets or highways or by other lands owned by the holder 3,280
of the A-1 or A-2 permit and used by the holder in connection 3,282
with or in promotion of the holder's A-1 or A-2 permit business. 3,283
71
The fee for this permit is three thousand one hundred twenty-five 3,285
dollars. The holder of an A-1-A permit may sell beer and any 3,286
intoxicating liquor during the same hours as the holders of D-5 3,287
permits under this chapter or Chapter 4301. of the Revised Code 3,288
or the rules of the liquor control commission and shall obtain a 3,289
restaurant license pursuant to section 3732.03 3717.43 of the 3,290
Revised Code. 3,291
Except as otherwise provided in this section, no new A-1-A 3,293
permit shall be issued to the holder of an A-1 or A-2 permit 3,294
unless the sale of beer and intoxicating liquor under class D 3,295
permits is permitted in the precinct in which the A-1 or A-2 3,298
permit is located and, in the case of an A-2 permit, unless the 3,299
holder of the A-2 permit manufactures or has a storage capacity 3,300
of at least twenty-five thousand gallons of wine per year. The 3,301
immediately preceding sentence does not prohibit the issuance of 3,302
an A-1-A permit to an applicant for such a permit who is the 3,303
holder of an A-1 permit and whose application was filed with the 3,304
division of liquor control before June 1, 1994. The liquor 3,306
control commission shall not restrict the number of A-1-A permits 3,307
which may be located within a precinct.
Sec. 4303.13. Permit D-1 may be issued to the owner or 3,317
operator of a hotel or restaurant licensed pursuant to section 3,318
3732.03 3717.43 of the Revised Code, or of a club, amusement 3,320
park, drugstore, lunch stand, boat, or vessel, and shall be 3,321
issued to a person described in division (B) of this section, to 3,322
sell beer at retail either in glass or container, for consumption 3,323
on the premises where sold; and, except as otherwise provided in 3,324
division (B) of this section, to sell beer at retail in other 3,325
receptacles or in original containers having a capacity of not 3,326
more than five and one-sixth gallons not for consumption on the 3,327
premises where sold. The fee for this permit is one hundred 3,328
eighty-eight dollars for each location, boat, or vessel.
Sec. 4303.14. Permit D-2 may be issued to the owner or 3,337
operator of a hotel or restaurant licensed pursuant to section 3,338
72
3732.03 3717.43 of the Revised Code, or of a club, boat, or 3,340
vessel, to sell wine and prepared and bottled cocktails,
cordials, and other mixed beverages manufactured and distributed 3,341
by holders of A-4 and B-4 permits at retail, either in glass or 3,342
container, for consumption on the premises where sold. The 3,343
holder of such permit may also sell wine and prepared and bottled 3,344
cocktails, cordials, and other mixed beverages in original 3,345
packages and not for consumption on the premises where sold or
for resale. The fee for this permit is two hundred eighty-two 3,346
dollars for each location, boat, or vessel. 3,347
Sec. 4303.15. Permit D-3 may be issued to the owner or 3,356
operator of a hotel or restaurant licensed pursuant to section 3,357
3732.03 3717.43 of the Revised Code, or a club, boat, or vessel, 3,359
to sell spirituous liquor at retail, only by the individual drink 3,360
in glass or from the container, for consumption on the premises 3,361
where sold. No sales of intoxicating liquor shall be made by a
holder of a D-3 permit after one a.m. The fee for this permit is 3,362
six hundred dollars for each location, boat, or vessel. 3,363
Sec. 4303.181. (A) Permit D-5a may be issued either to 3,373
the owner or operator of a hotel or motel required to be licensed 3,374
under section 3731.03 of the Revised Code containing at least 3,375
fifty rooms for registered transient guests, and which qualifies 3,376
under the other requirements of this section, or to the owner or 3,377
operator of a restaurant specified under this section to sell 3,378
beer and any intoxicating liquor at retail, only by the 3,379
individual drink in glass and from the container, for consumption 3,380
on the premises where sold, and to registered guests in their 3,381
rooms, which may be sold by means of a controlled access alcohol 3,382
and beverage cabinet in accordance with division (B) of section 3,383
4301.21 of the Revised Code; and to sell the same products in the 3,384
same manner and amounts not for consumption on the premises as 3,385
may be sold by holders of D-1 and D-2 permits. The premises of 3,386
the hotel or motel shall include a restaurant licensed pursuant 3,387
to section 3732.03 of the Revised Code affiliated with the hotel 3,388
73
or motel and within or contiguous to the hotel or motel, serving 3,389
food within the hotel or motel, but the principal business of the 3,390
owner or operator of the hotel or motel shall be the 3,391
accommodation of transient guests. In addition to the privileges 3,392
authorized herein, the holder of a D-5a permit may exercise the 3,393
same privileges as the holder of a D-5 permit. 3,394
The owner or operator of a hotel, motel, or restaurant who 3,396
qualified for and held a D-5a permit on August 4, 1976, may, if 3,398
the owner or operator held another permit before holding a D-5a 3,399
permit, either retain a D-5a permit or apply for the permit 3,400
formerly held, and the division of liquor control shall issue the 3,401
permit for which the owner or operator applies and formerly held, 3,402
notwithstanding any quota.
A D-5a permit shall not be transferred to another location. 3,405
No quota restriction shall be placed on the number of such 3,406
permits which may be issued.
The fee for this permit is one thousand eight hundred 3,409
seventy-five dollars.
(B) Permit D-5b may be issued to the owner, operator, 3,412
tenant, lessee, or occupant of an enclosed shopping center to 3,413
sell beer and intoxicating liquor at retail, only by the 3,414
individual drink in glass and from the container, for consumption 3,415
on the premises where sold; and to sell the same products in the 3,416
same manner and amount not for consumption on the premises as may 3,417
be sold by holders of D-1 and D-2 permits. In addition to the 3,418
privileges authorized in this section, the holder of a D-5b 3,419
permit may exercise the same privileges as a holder of a D-5 3,420
permit.
A D-5b permit shall not be transferred to another location. 3,423
One D-5b permit may be issued at an enclosed shopping 3,426
center containing at least two hundred twenty-five thousand, but 3,427
less than four hundred thousand, square feet of floor area. 3,428
Two D-5b permits may be issued at an enclosed shopping 3,431
center containing at least four hundred thousand square feet of 3,432
74
floor area. No more than one D-5b permit may be issued at an 3,433
enclosed shopping center for each additional two hundred thousand 3,434
square feet of floor area or fraction thereof, up to a maximum of 3,435
five D-5b permits for each enclosed shopping center. The number 3,436
of D-5b permits that may be issued at an enclosed shopping center 3,437
shall be determined by subtracting the number of D-3 and D-5 3,438
permits issued in the enclosed shopping center from the number of 3,439
D-5b permits that otherwise may be issued at the enclosed 3,440
shopping center under the formulas provided in this division. 3,441
Except as provided in this section, no quota shall be placed on 3,442
the number of D-5b permits that may be issued. Notwithstanding 3,443
any quota provided in this section, the holder of any D-5b permit 3,444
first issued in accordance with this section is entitled to its 3,445
renewal in accordance with section 4303.271 of the Revised Code. 3,446
The holder of a D-5b permit issued before April 4, 1984, 3,449
whose tenancy is terminated for a cause other than nonpayment of 3,450
rent, may return the D-5b permit to the division of liquor 3,452
control and the division shall cancel that permit. Upon 3,454
cancellation of that permit and upon the permit holder's payment 3,455
of taxes, contributions, premiums, assessments, and other debts 3,456
owing or accrued upon the date of cancellation to this state and 3,457
its political subdivisions and a filing with the division of a 3,458
certification thereof, the division shall issue to that person 3,460
either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that 3,462
person requests. The division shall issue the D-5 permit, or the 3,464
D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3, 3,465
or D-5 permits currently issued in the municipal corporation or 3,466
in the unincorporated area of the township where that person's 3,467
proposed premises is located equals or exceeds the maximum number 3,468
of such permits that can be issued in that municipal corporation 3,469
or in the unincorporated area of that township under the 3,470
population quota restrictions contained in section 4303.29 of the 3,471
Revised Code. Any such D-1, D-2, D-3, or D-5 permit so issued 3,472
shall not be transferred to another location. If a D-5b permit 3,473
75
is canceled under the provisions of this paragraph, the number of 3,474
D-5b permits that may be issued at the enclosed shopping center 3,475
for which the D-5b permit was issued, under the formula provided 3,476
in this division, shall be reduced by one if the enclosed 3,477
shopping center was entitled to more than one D-5b permit under 3,478
the formula. 3,479
The fee for this permit is one thousand eight hundred 3,482
seventy-five dollars.
(C) Permit D-5c may be issued either to the owner or 3,485
operator of a restaurant licensed pursuant to section 3732.03 3,486
3717.43 of the Revised Code, and which qualifies under the other 3,488
requirements of this section to sell beer and any intoxicating 3,489
liquor at retail, only by the individual drink in glass and from 3,490
the container, for consumption on the premises where sold, and to 3,491
sell the same products in the same manner and amounts not for 3,492
consumption on the premises as may be sold by holders of D-1 and 3,493
D-2 permits. In addition to the privileges authorized herein, 3,494
the holder of a D-5c permit may exercise the same privileges as 3,495
the holder of a D-5 permit.
To qualify for a D-5c permit, the owner or operator of a 3,498
restaurant licensed pursuant to section 3732.03 3717.43 of the 3,499
Revised Code shall have operated the restaurant at the proposed 3,501
premises for not less than twenty-four consecutive months 3,502
immediately preceding the filing of an application therefor, have 3,503
applied for a D-5 permit no later than December 31, 1988, and 3,504
appear on the division's quota waiting list for not less than six 3,505
months immediately preceding the filing of an application 3,506
therefor. In addition to these requirements, the proposed D-5c 3,507
permit premises shall be located within a municipal corporation 3,508
and further within an election precinct which, at the time of the 3,510
applications, has no more than twenty-five per cent of its total 3,511
land area zoned for residential use. 3,512
A D-5c permit shall not be transferred to another location. 3,515
No quota restriction shall be placed on the number of such 3,516
76
permits which may be issued.
Any person who has held a D-5c permit for at least two 3,519
years may apply for a D-5 permit, and the division of liquor 3,520
control shall issue the D-5 permit notwithstanding the quota 3,521
restrictions contained in section 4303.29 of the Revised Code or 3,522
in any rule of the liquor control commission. 3,523
The fee for this permit is one thousand two hundred fifty 3,526
dollars.
(D) Permit D-5d may be issued to either the owner or 3,529
operator of a restaurant that is licensed pursuant to section 3,530
3732.03 3717.43 of the Revised Code and located at an airport 3,532
operated by a board of county commissioners pursuant to section 3,533
307.20 of the Revised Code or at an airport operated by a
regional airport authority pursuant to Chapter 308. of the 3,534
Revised Code. Not more than one D-5d permit shall be issued in 3,535
each county. The holder of a D-5d permit may sell beer and any 3,536
intoxicating liquor at retail, only by the individual drink in 3,537
glass and from the container, for consumption on the premises 3,538
where sold, and may sell the same products in the same manner and 3,539
amounts not for consumption on the premises where sold as may be 3,540
sold by the holders of D-1 and D-2 permits. In addition to the 3,541
privileges authorized in this division, the holder of a D-5d 3,542
permit may exercise the same privileges as the holder of a D-5 3,543
permit. 3,544
A D-5d permit shall not be transferred to another location. 3,547
Except as otherwise provided in this division, no quota 3,548
restrictions shall be placed on the number of such permits which 3,549
may be issued.
The fee for this permit is one thousand eight hundred 3,552
seventy-five dollars.
(E) Permit D-5e may be issued to any nonprofit 3,555
organization that is exempt from federal income taxation under 3,556
"The Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 3,557
501(c)(3), as amended, or that is a charitable organization under 3,558
77
any chapter of the Revised Code, and that owns or operates a 3,559
riverboat which meets all of the following:
(1) Is permanently docked at one location; 3,562
(2) Is designated as an historical riverboat by the Ohio 3,565
historical society;
(3) Contains not less than fifteen hundred square feet of 3,568
floor area;
(4) Has a seating capacity of fifty or more persons. 3,571
The holder of a D-5e permit may sell beer and intoxicating 3,574
liquor at retail, only by the individual drink in glass and from 3,575
the container, for consumption on the premises where sold. 3,576
A D-5e permit shall not be transferred to another location. 3,579
No quota restriction shall be placed on the number of such 3,580
permits which may be issued. The population quota restrictions 3,581
contained in section 4303.29 of the Revised Code or in any rule 3,582
of the liquor control commission shall not apply to this division 3,583
and the division shall issue a D-5e permit to any applicant who 3,585
meets the requirements of this division. However, the division 3,586
shall not issue a D-5e permit if the permit premises or proposed 3,588
permit premises are located within an area in which the sale of 3,589
spirituous liquor by the glass is prohibited. 3,590
The fee for this permit is nine hundred seventy-five 3,593
dollars.
(F) Permit D-5f may be issued to either the owner or the 3,596
operator of a food service operation licensed under section 3,597
3732.03 of the Revised Code that meets all of the following: 3,598
(1) Contains not less than twenty-five hundred square feet 3,601
of floor area;
(2) Is located on or in, or immediately adjacent to, the 3,604
shoreline of, a navigable river;
(3) Provides docking space for twenty-five boats; 3,607
(4) Provides entertainment and recreation, provided that 3,610
not less than fifty per cent of the business on the permit 3,611
premises shall be preparing and serving meals for a 3,612
78
consideration.
In addition, each application for a D-5f permit shall be 3,615
accompanied by a certification from the local legislative 3,616
authority that the issuance of the D-5f permit is not 3,617
inconsistent with that political subdivision's comprehensive 3,618
development plan or other economic development goal as officially 3,619
established by the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating 3,622
liquor at retail, only by the individual drink in glass and from 3,623
the container, for consumption on the premises where sold. 3,624
A D-5f permit shall not be transferred to another location. 3,627
No more than fifteen D-5f permits shall be issued by the division 3,628
of liquor control, and no more than two such permits shall be 3,630
issued in any county. However, the division shall not issue a 3,631
D-5f permit if the permit premises or proposed permit premises 3,633
are located within an area in which the sale of spirituous liquor 3,634
by the glass is prohibited. 3,635
A fee for this permit is one thousand eight hundred 3,638
seventy-five dollars.
As used in this division, "navigable river" means a river 3,641
which is also a "navigable water" as that term is defined in the 3,642
"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 3,643
(G) Permit D-5g may be issued to a nonprofit corporation 3,646
that is either the owner or the operator of a national 3,647
professional sports museum. The holder of a D-5g permit may sell 3,648
beer and any intoxicating liquor at retail, only by the 3,649
individual drink in glass and from the container, for consumption 3,650
on the premises where sold. The holder of a D-5g permit shall 3,651
sell no beer or intoxicating liquor for consumption on the 3,652
premises where sold after one a.m. A D-5g permit shall not be 3,653
transferred to another location. No quota restrictions shall be 3,654
placed on the number of D-5g permits that may be issued. The fee
for this permit is one thousand five hundred dollars. 3,655
(H) Permit D-5h may be issued to any nonprofit 3,657
79
organization that is exempt from federal income taxation under 3,658
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 3,659
501(c)(3), as amended, that owns or operates a fine arts museum 3,660
and has no less than five thousand bona fide members possessing 3,661
full membership privileges. The holder of a D-5h permit may sell 3,662
beer and any intoxicating liquor at retail, only by the 3,663
individual drink in glass and from the container, for consumption 3,664
on the premises where sold. The holder of a D-5h permit shall 3,665
sell no beer or intoxicating liquor for consumption on the 3,666
premises where sold after one a.m. A D-5h permit shall not be 3,667
transferred to another location. No quota restrictions shall be 3,668
placed on the number of D-5h permits that may be issued. The fee 3,669
for this permit is one thousand five hundred dollars. 3,670
(I) Permit D-5i may be issued to either the owner or the 3,672
operator of a food service operation licensed under section 3,673
3732.03 of the Revised Code that meets all of the following 3,674
requirements: 3,675
(1) It is located in a municipal corporation or a township 3,677
with a population of fifty thousand or less; 3,678
(2) It has inside seating capacity for at least one 3,680
hundred forty persons; 3,681
(3) It has at least five thousand square feet of floor 3,683
area; 3,684
(4) It offers full-course meals, appetizers, and 3,686
sandwiches; 3,687
(5) Its receipts from beer and liquor sales do not exceed 3,689
twenty-five per cent of its total gross receipts; 3,690
(6) The value of its real and personal property exceeds 3,692
nine hundred twenty-five thousand dollars. 3,694
The holder of a D-5i permit shall cause an independent 3,696
audit to be performed at the end of one full year of operation 3,697
following issuance of the permit, in order to verify the 3,698
requirements of division (I)(5) of this section. The results of 3,699
the independent audit shall be transmitted to the division. Upon 3,701
80
determining that the receipts of the holder from beer and liquor 3,702
sales exceeded twenty-five per cent of its total gross receipts, 3,703
the division shall suspend the permit of the permit holder under 3,705
section 4301.25 of the Revised Code and may allow the permit 3,706
holder to elect a forfeiture under section 4301.252 of the 3,707
Revised Code.
The holder of a D-5i permit may sell beer and any 3,709
intoxicating liquor at retail, only by the individual drink in 3,710
glass and from the container, for consumption on the premises 3,711
where sold, and may sell the same products in the same manner and 3,712
amounts not for consumption on the premises where sold as may be 3,713
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 3,714
permit shall sell no beer or intoxicating liquor for consumption 3,715
on the premises where sold after two-thirty a.m. In addition to 3,716
the privileges authorized in division (I) of this section, the 3,717
holder of a D-5i permit may exercise the same privileges as the 3,718
holder of a D-5 permit. 3,719
A D-5i permit shall not be transferred to another location. 3,721
The division of liquor control shall not renew a D-5i permit 3,723
unless the food service operation for which it is issued 3,724
continues to meet the requirements described in divisions (I)(1) 3,725
to (6) of this section. No quota restrictions shall be placed on 3,726
the number of D-5i permits that may be issued. The fee for this 3,727
permit is one thousand eight hundred seventy-five dollars. 3,728
Sec. 4303.182. Except as otherwise provided in this 3,738
section, permit D-6 shall be issued to the holder of an A-1-A, 3,739
A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, 3,740
D-5f, D-5g, D-5h, D-5i, or D-7 permit to allow sale under such 3,741
permit between the hours of one p.m. and midnight on Sunday, if 3,742
such sale has been authorized under section 4301.361 of the 3,743
Revised Code and under the restrictions of such authorization. 3,744
Permit D-6 shall be issued to the holder of any permit, including 3,745
a D-4a and D-5d permit, authorizing the sale of intoxicating 3,746
liquor issued for a premises located at any publicly owned 3,747
81
airport, as defined in section 4563.01 of the Revised Code, at 3,748
which commercial airline companies operate regularly scheduled 3,749
flights on which space is available to the public, to allow sale 3,750
under such permit between the hours of one p.m. and midnight on 3,751
Sunday, whether or not such sale has been authorized under 3,752
section 4301.361 of the Revised Code. Permit D-6 shall be issued 3,753
to the holder of a D-5a permit, and to the holder of a D-3 or 3,754
D-3a permit who is the owner or operator of a hotel or motel 3,755
required to be licensed under section 3731.03 of the Revised Code 3,756
containing at least fifty rooms for registered transient guests 3,757
and which has on its premises a restaurant licensed pursuant to 3,758
section 3732.03 3717.43 of the Revised Code affiliated with the 3,760
hotel or motel and within or contiguous to the hotel or motel and 3,761
serving food within the hotel or motel, to allow sale under such 3,762
permit between the hours of one p.m. and midnight on Sunday, 3,763
whether or not such sale has been authorized under section 3,764
4301.361 of the Revised Code.
If the restriction to licensed premises where the sale of 3,767
food and other goods and services exceeds fifty per cent of the 3,768
total gross receipts of the permit holder at the premises is 3,769
applicable, the division of liquor control may accept an 3,770
affidavit from the permit holder to show the proportion of the 3,771
permit holder's gross receipts derived from the sale of food and 3,772
other goods and services. If the liquor control commission 3,773
determines such affidavit to have been false, it shall revoke the 3,774
permits of the permit holder at the premises concerned. 3,775
The fee for the D-6 permit is two hundred fifty dollars 3,778
when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, 3,779
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, 3,780
D-5i, or D-7 permit. The fee for the D-6 permit is two hundred 3,781
dollars when it is issued to the holder of a C-2 permit. 3,782
Sec. 4303.183. Permit D-7 may be issued to the holder of 3,792
any D-2 permit issued by the division of liquor control, or if 3,794
there is an insufficient number of D-2 permit holders to fill the 3,795
82
resort quota, to the operator of a food service operation 3,796
required to be licensed under section 3732.03 3717.43 of the 3,797
Revised Code and which qualifies under the other requirements of 3,799
this section, to sell beer and any intoxicating liquor at retail, 3,800
only by the individual drink in glass and from the container, for 3,801
consumption on the premises where sold. Not less than fifty per 3,802
cent of the business on the permit premises shall be preparing 3,803
and serving meals for a consideration in order to qualify for and 3,804
continue to hold such D-7 permit. The permit premises shall be 3,805
located in a resort area.
"Resort area" means a municipal corporation, township, 3,808
county, or any combination thereof, which provides entertainment, 3,809
recreation, and transient housing facilities specifically 3,810
intended to provide leisure time activities for persons other 3,811
than those whose permanent residence is within the "resort area" 3,812
and who increase the population of the "resort area" on a 3,813
seasonal basis, and which experiences seasonal peaks of 3,814
employment and governmental services as a direct result of 3,815
population increase generated by the transient, recreating 3,816
public. A resort season shall begin on the first day of May and 3,817
end on the last day of October. Notwithstanding section 4303.27 3,818
of the Revised Code, such permits may be issued for resort 3,819
seasons without regard to the calendar year or permit year. 3,820
Quota restrictions on the number of such permits shall take into 3,821
consideration the transient population during the resort season, 3,822
the custom and habits of visitors and tourists, and the promotion 3,823
of the resort and tourist industry. The fee for this permit is 3,824
three hundred seventy-five dollars per month.
Any suspension of a D-7 permit shall be satisfied during 3,827
the resort season in which such suspension becomes final. If 3,828
such suspension becomes final during the off-season, or if the 3,829
period of the suspension extends beyond the last day of October, 3,830
the suspension or remainder thereof shall be satisfied during the 3,831
next resort season.
83
The ownership of a D-7 permit may be transferred from one 3,834
permit holder to another. The holder of a D-7 permit may file an 3,835
application to transfer such permit to a new location within the 3,836
same resort area, provided that such permit holder shall be the 3,837
owner or operator of a food service operation, required to be 3,838
licensed under section 3732.03 3717.43 of the Revised Code, at 3,840
such new location.
Sec. 4736.01. As used in sections 4736.01 to 4736.16 of 3,849
the Revised Code THIS CHAPTER: 3,850
(A) "Environmental health science" means the aspect of 3,852
public health science that includes, but is not limited to, the 3,853
following bodies of knowledge: air quality, food quality and 3,854
protection, hazardous and toxic substances, consumer product 3,855
safety, housing, institutional health and safety, community noise 3,856
control, radiation protection, recreational facilities, solid and 3,857
liquid waste management, vector control, drinking water quality, 3,858
milk sanitation, and rabies control. 3,859
(B) "Sanitarian" means a person who performs for 3,861
compensation educational, investigational, technical, or 3,862
administrative duties requiring specialized knowledge and skills 3,863
in the field of environmental health science. 3,864
(C) "Registered sanitarian" means a person who is 3,866
registered as a sanitarian in accordance with Chapter 4736. of 3,867
the Revised Code. 3,868
(D) "Sanitarian-in-training" means a person who is 3,870
registered as a sanitarian-in-training in accordance with Chapter 3,871
4736. of the Revised Code. 3,872
(E) "Practice of environmental health" means consultation, 3,874
instruction, investigation, inspection, or evaluation by an 3,875
employee of a city health district, a general health district, 3,876
the Ohio environmental protection agency, the department of 3,877
health, or the department of agriculture requiring specialized 3,878
knowledge, training, and experience in the field of environmental 3,879
health science, with the primary purpose of improving or 3,880
84
conducting administration or enforcement under any of the 3,881
following: 3,882
(1) Chapter 911., 913., 917., 3717., 3721., 3732., or 3,884
3733. of the Revised Code; 3,885
(2) Chapter 3734. of the Revised Code as it pertains to 3,887
solid waste; 3,888
(3) Section 955.26, 3701.344, 3707.01, or 3707.03, 3,890
sections 3707.33 to 3707.99, or section 3715.21 of the Revised 3,892
Code;
(4) Rules adopted under section 3701.34 of the Revised 3,894
Code pertaining to home sewage, rabies control, or swimming 3,895
pools. 3,896
"Practice of environmental health" does not include 3,898
sampling, testing, controlling of vectors, reporting of 3,899
observations, or other duties that do not require application of 3,900
specialized knowledge and skills in environmental health science 3,901
performed under the supervision of a registered sanitarian. 3,902
The state board of sanitarian registration may further 3,904
define environmental health science in relation to specific 3,905
functions in the practice of environmental health through rules 3,906
adopted by the board under Chapter 119. of the Revised Code. 3,907
Sec. 4745.01. (A) "Standard renewal procedure," as used 3,916
in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., 3,917
927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731., 3,918
3742., 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 3,919
4169., 4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 3,920
4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 3,921
4741., 4747., 4749., 4753., 4755., 4757., 4759., 4761., 4766., 3,922
4773., and 4775. of the Revised Code, means the license renewal 3,923
procedures specified in this chapter. 3,924
(B) "Licensing agency," as used in this chapter, means any 3,926
department, division, board, section of a board, or other state 3,927
governmental unit subject to the standard renewal procedure, as 3,928
defined in this section, and authorized by the Revised Code to 3,929
85
issue a license to engage in a specific profession, occupation, 3,930
or occupational activity, or to have charge of and operate 3,931
certain specified equipment, machinery, or premises. 3,932
(C) "License," as used in this chapter, means a license, 3,934
certificate, permit, card, or other authority issued or conferred 3,935
by a licensing agency by authority of which the licensee has or 3,936
claims the privilege to engage in the profession, occupation, or 3,937
occupational activity, or to have control of and operate certain 3,938
specific equipment, machinery, or premises, over which the 3,939
licensing agency has jurisdiction. 3,940
(D) "Licensee," as used in this chapter, means either the 3,942
person to whom the license is issued or renewed by a licensing 3,943
agency, or the person, partnership, or corporation at whose 3,944
request the license is issued or renewed. 3,945
(E) "Renewal" and "renewed," as used in this chapter and 3,947
in the chapters of the Revised Code specified in division (A) of 3,948
this section, includes the continuing licensing procedure 3,949
provided in Chapter 3748. of the Revised Code and rules adopted 3,951
under it and in sections 1321.05 and 3921.33 of the Revised Code, 3,952
and as applied to those continuing licenses any reference in this 3,954
chapter to the date of expiration of any license shall be 3,955
construed to mean the due date of the annual or other fee for the 3,956
continuing license.
Sec. 5104.05. (A) The director of human services shall 3,965
issue a provisional license or license or renew a license for the 3,966
operation of a child day-care center, if he THE DIRECTOR finds, 3,967
after investigation of the applicant and inspection of the 3,969
center, that other requirements of Chapter 5104. of the Revised 3,970
Code, rules promulgated pursuant to Chapter 5104. of the Revised 3,971
Code, and the following requirements are met: 3,972
(1) The buildings in which the center is housed, 3,974
subsequent to any major modification, have been approved by the 3,975
department of commerce or a certified municipal, township, or 3,977
county building department for the purpose of operating a child 3,978
86
day-care center. Any structure used for the operation of a 3,979
center shall be constructed, equipped, repaired, altered, and 3,980
maintained in accordance with applicable provisions of Chapters 3,981
3781. and 3791. of the Revised Code and with regulations adopted 3,982
by the board of building standards under Chapter 3781. of the 3,983
Revised Code and this division for the safety and sanitation of 3,984
structures erected for this purpose.
(2) The state fire marshal or the fire chief or fire 3,986
prevention officer of the municipal corporation or township in 3,987
which the center is located has inspected the center annually 3,988
within the preceding license period and has found the center to 3,989
be in compliance with rules promulgated by the fire marshal 3,990
pursuant to section 3737.83 of the Revised Code regarding fire 3,991
prevention and fire safety in a child day-care center. 3,992
(3) The center has received from the board of health of 3,994
the health district in which it is located or the state 3,995
department of health a current FOOD SERVICE OPERATION license 3,997
permitting the preparation or serving of meals or lunches, as 3,998
provided in UNDER Chapter 3732 3717. of the Revised Code and any 4,001
relevant regulations adopted by the public health council. If a 4,002
meal is IF MEALS ARE to be served to children other than children 4,004
of the licensee or administrator, the preparation and serving of 4,005
food in a child day-care center is included in the meaning of 4,006
"food service operation" under section 3732.01 of the Revised 4,007
Code, whether or not a consideration is received for such food 4,008
THE MEALS.
(B) The director of human services shall issue a 4,010
provisional license or license or renew a license for the 4,011
operation of a type A family day-care home, if he THE DIRECTOR 4,012
finds, after investigation of the applicant and inspection of the 4,014
type A home, that other requirements of Chapter 5104. of the 4,015
Revised Code, rules promulgated pursuant to Chapter 5104. of the 4,016
Revised Code, and the following requirements are met: 4,017
(1) The state fire marshal or the fire chief or fire 4,019
87
prevention officer of the municipal corporation or township in 4,020
which the type A family day-care home is located has inspected 4,021
the type A home annually within the preceding license period and 4,022
has found the type A home to be in compliance with rules 4,023
promulgated by the fire marshal pursuant to section 3737.83 of 4,024
the Revised Code regarding fire prevention and fire safety in a 4,025
type A home. 4,026
(2) The type A home is in compliance with rules set by the 4,028
director of human services in cooperation with the director of 4,029
health pursuant to section 3701.80 of the Revised Code regarding 4,030
meal preparation and meal service in the home. The director of 4,031
human services, in accordance with procedures recommended by the 4,032
director of health, shall inspect each type A home to determine 4,033
compliance with those rules. 4,034
(3) The type A home is in compliance with rules 4,036
promulgated by the director of human services in cooperation with 4,037
the board of building standards regarding safety and sanitation 4,038
pursuant to section 3781.10 of the Revised Code. 4,039
Sec. 5104.051. (A)(1) The department of commerce is 4,048
responsible for the inspections of child day-care centers as 4,050
required by division (A)(1) of section 5104.05 of the Revised 4,051
Code. Where there is a municipal, township, or county building 4,052
department certified under section 3781.10 of the Revised Code to 4,053
exercise enforcement authority with respect to the category of 4,054
building occupancy which includes day-care centers, all 4,055
inspections required under division (A)(1) of section 5104.05 of 4,056
the Revised Code shall be made by that department according to 4,057
the standards established by the board of building standards. 4,058
Inspections in areas of the state where there is no municipal, 4,059
township, or county building department certified under section 4,060
3781.10 of the Revised Code to exercise enforcement authority 4,061
with respect to the category of building occupancy which includes 4,062
day-care centers shall be made by personnel of the department of 4,063
commerce. Inspections of centers shall be contingent upon 4,065
88
payment of a fee by the applicant to the department having 4,066
jurisdiction to inspect.
(2) The department of commerce is responsible for the 4,069
inspections of type A family day-care homes as required by 4,070
division (B)(3) of section 5104.05 of the Revised Code. Where
there is a municipal, township, or county building department 4,071
certified under section 3781.10 of the Revised Code to exercise 4,072
enforcement authority with respect to the category of building 4,073
occupancy which includes type A homes, all inspections required 4,074
under division (B)(3) of section 5104.05 of the Revised Code 4,075
shall be made by that department according to the standards 4,076
established by the board of building standards. Inspections in 4,077
areas of the state where there is no municipal, township, or 4,078
county building department certified under section 3781.10 of the 4,079
Revised Code to exercise enforcement authority with respect to 4,080
the category of building occupancy which includes type A homes 4,081
shall be made by personnel of the department of commerce. 4,083
Inspections of type A homes shall be contingent upon payment of a 4,085
fee by the applicant to the department having jurisdiction to 4,086
inspect.
(B) The state fire marshal is responsible for the 4,088
inspections required by divisions (A)(2) and (B)(1) of section 4,089
5104.05 of the Revised Code. In municipal corporations and in 4,090
townships outside municipal corporations where there is a fire 4,091
prevention official, the inspections shall be made by the fire 4,092
chief or the fire prevention official under the supervision of 4,093
and according to the standards established by the state fire 4,094
marshal. In townships outside municipal corporations where there 4,095
is no fire prevention official, inspections shall be made by the 4,096
employees of the state fire marshal. 4,097
(C) The fire marshal shall enforce all statutes and rules 4,099
pertaining to fire safety and fire prevention in child day-care 4,100
centers and type A family day-care homes. In the event of a 4,101
dispute between the marshal and any other responsible officer 4,102
89
under sections 5104.05 and 5104.051 of the Revised Code with 4,103
respect to the interpretation or application of a specific fire 4,104
safety statute or rule, the interpretation of the marshal shall 4,105
prevail. 4,106
(D) As used in this division, "licensor" has the same 4,108
meaning as in section 3732.01 3717.01 of the Revised Code. 4,109
The licensor for FOOD SERVICE OPERATIONS IN the city or 4,111
general health district in which the center is located is 4,112
responsible for the inspections required under Chapter 3732 3717. 4,113
of the Revised Code.
(E) Any moneys collected by the department of commerce 4,115
under this section shall be paid into the state treasury to the 4,116
credit of the industrial compliance operating fund created in 4,117
section 121.084 of the Revised Code. 4,118
Sec. 5739.02. For the purpose of providing revenue with 4,127
which to meet the needs of the state, for the use of the general 4,128
revenue fund of the state, for the purpose of securing a thorough 4,129
and efficient system of common schools throughout the state, for 4,130
the purpose of affording revenues, in addition to those from 4,131
general property taxes, permitted under constitutional 4,132
limitations, and from other sources, for the support of local 4,133
governmental functions, and for the purpose of reimbursing the 4,134
state for the expense of administering this chapter, an excise 4,135
tax is hereby levied on each retail sale made in this state. 4,136
(A) The tax shall be collected pursuant to the schedules 4,138
in section 5739.025 of the Revised Code. 4,139
The tax applies and is collectible when the sale is made, 4,141
regardless of the time when the price is paid or delivered. 4,142
In the case of a sale, the price of which consists in whole 4,144
or in part of rentals for the use of the thing transferred, the 4,145
tax, as regards such rentals, shall be measured by the 4,146
installments thereof. 4,147
In the case of a sale of a service defined under division 4,149
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 4,150
90
which consists in whole or in part of a membership for the 4,151
receipt of the benefit of the service, the tax applicable to the 4,152
sale shall be measured by the installments thereof. 4,153
(B) The tax does not apply to the following: 4,155
(1) Sales to the state or any of its political 4,157
subdivisions, or to any other state or its political subdivisions 4,158
if the laws of that state exempt from taxation sales made to this 4,159
state and its political subdivisions; 4,160
(2) Sales of food for human consumption off the premises 4,162
where sold; 4,163
(3) Sales of food sold to students only in a cafeteria, 4,165
dormitory, fraternity, or sorority maintained in a private, 4,166
public, or parochial school, college, or university; 4,167
(4) Sales of newspapers, and of magazine subscriptions 4,169
shipped by second class mail, and sales or transfers of magazines 4,170
distributed as controlled circulation publications; 4,171
(5) The furnishing, preparing, or serving of meals without 4,173
charge by an employer to an employee provided the employer 4,174
records the meals as part compensation for services performed or 4,175
work done; 4,176
(6) Sales of motor fuel upon receipt, use, distribution, 4,179
or sale of which in this state a tax is imposed by the law of 4,180
this state, but this exemption shall not apply to the sale of 4,181
motor fuel on which a refund of the tax is allowable under 4,182
section 5735.14 of the Revised Code; and the tax commissioner may 4,183
deduct the amount of tax levied by this section applicable to the 4,184
price of motor fuel when granting a refund of motor fuel tax 4,185
pursuant to section 5735.14 of the Revised Code and shall cause 4,186
the amount deducted to be paid into the general revenue fund of 4,187
this state;
(7) Sales of natural gas by a natural gas company, of 4,189
electricity by an electric company, of water by a water-works 4,190
company, or of steam by a heating company, if in each case the 4,191
thing sold is delivered to consumers through wires, pipes, or 4,192
91
conduits, and all sales of communications services by a telephone 4,193
or telegraph company, all terms as defined in section 5727.01 of 4,194
the Revised Code; 4,195
(8) Casual sales by a person, or auctioneer employed 4,197
directly by the person to conduct such sales, except as to such 4,199
sales of motor vehicles, watercraft or outboard motors required 4,200
to be titled under section 1548.06 of the Revised Code, 4,201
watercraft documented with the United States coast guard, 4,202
snowmobiles, and all-purpose vehicles as defined in section 4,203
4519.01 of the Revised Code; 4,204
(9) Sales of services or tangible personal property, other 4,206
than motor vehicles, mobile homes, and manufactured homes, by 4,208
churches or by nonprofit organizations operated exclusively for 4,209
charitable purposes as defined in division (B)(12) of this 4,210
section, provided that the number of days on which such tangible 4,211
personal property or services, other than items never subject to 4,212
the tax, are sold does not exceed six in any calendar year. If 4,213
the number of days on which such sales are made exceeds six in 4,214
any calendar year, the church or organization shall be considered 4,215
to be engaged in business and all subsequent sales by it shall be 4,216
subject to the tax. In counting the number of days, all sales by 4,217
groups within a church or within an organization shall be 4,218
considered to be sales of that church or organization, except 4,219
that sales made by separate student clubs and other groups of 4,220
students of a primary or secondary school, and sales made by a 4,221
parent-teacher association, booster group, or similar 4,222
organization that raises money to support or fund curricular or 4,223
extracurricular activities of a primary or secondary school, 4,224
shall not be considered to be sales of such school, and sales by 4,225
each such club, group, association, or organization shall be 4,226
counted separately for purposes of the six-day limitation. This 4,227
division does not apply to sales by a noncommercial educational 4,228
radio or television broadcasting station. 4,229
(10) Sales not within the taxing power of this state under 4,231
92
the Constitution of the United States; 4,232
(11) The transportation of persons or property, unless the 4,234
transportation is by a private investigation and security 4,235
service; 4,236
(12) Sales of tangible personal property or services to 4,238
churches, to organizations exempt from taxation under section 4,239
501(c)(3) of the Internal Revenue Code of 1986, and to any other 4,240
nonprofit organizations operated exclusively for charitable 4,241
purposes in this state, no part of the net income of which inures 4,242
to the benefit of any private shareholder or individual, and no 4,243
substantial part of the activities of which consists of carrying 4,244
on propaganda or otherwise attempting to influence legislation; 4,245
sales to offices administering one or more homes for the aged or 4,246
one or more hospital facilities exempt under section 140.08 of 4,247
the Revised Code; and sales to organizations described in 4,248
division (D) of section 5709.12 of the Revised Code. 4,249
"Charitable purposes" means the relief of poverty; the 4,251
improvement of health through the alleviation of illness, 4,252
disease, or injury; the operation of an organization exclusively 4,254
for the provision of professional, laundry, printing, and 4,255
purchasing services to hospitals or charitable institutions; the 4,257
operation of a home for the aged, as defined in section 5701.13 4,258
of the Revised Code; the operation of a radio or television 4,259
broadcasting station that is licensed by the federal 4,260
communications commission as a noncommercial educational radio or 4,261
television station; the operation of a nonprofit animal adoption 4,263
service or a county humane society; the promotion of education by 4,264
an institution of learning that maintains a faculty of qualified 4,265
instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific 4,266
curriculum; the operation of a parent teacher association, 4,267
booster group, or similar organization primarily engaged in the 4,268
promotion and support of the curricular or extracurricular 4,269
activities of a primary or secondary school; the operation of a 4,270
93
community or area center in which presentations in music, 4,271
dramatics, the arts, and related fields are made in order to 4,272
foster public interest and education therein; the production of 4,273
performances in music, dramatics, and the arts; or the promotion 4,275
of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological 4,276
knowledge and information primarily for the public. 4,277
Nothing in this division shall be deemed to exempt sales to 4,279
any organization for use in the operation or carrying on of a 4,280
trade or business, or sales to a home for the aged for use in the 4,281
operation of independent living facilities as defined in division 4,282
(A) of section 5709.12 of the Revised Code. 4,283
(13) Building and construction materials and services sold 4,285
to construction contractors for incorporation into a structure or 4,286
improvement to real property under a construction contract with 4,287
this state or a political subdivision thereof, or with the United 4,288
States government or any of its agencies; building and 4,289
construction materials and services sold to construction 4,290
contractors for incorporation into a structure or improvement to 4,291
real property that are accepted for ownership by this state or 4,293
any of its political subdivisions, or by the United States 4,294
government or any of its agencies at the time of completion of 4,295
such structures or improvements; building and construction 4,296
materials sold to construction contractors for incorporation into 4,297
a horticulture structure or livestock structure for a person 4,298
engaged in the business of horticulture or producing livestock; 4,299
building materials and services sold to a construction contractor 4,300
for incorporation into a house of public worship or religious 4,301
education, or a building used exclusively for charitable purposes 4,302
under a construction contract with an organization whose purpose 4,303
is as described in division (B)(12) of this section; building and 4,304
construction materials sold for incorporation into the original 4,305
construction of a sports facility under section 307.696 of the 4,306
Revised Code; and building and construction materials and 4,307
94
services sold to a construction contractor for incorporation into 4,308
real property outside this state if such materials and services, 4,309
when sold to a construction contractor in the state in which the 4,310
real property is located for incorporation into real property in 4,311
that state, would be exempt from a tax on sales levied by that 4,312
state; 4,313
(14) Sales of ships or vessels or rail rolling stock used 4,315
or to be used principally in interstate or foreign commerce, and 4,316
repairs, alterations, fuel, and lubricants for such ships or 4,317
vessels or rail rolling stock; 4,318
(15) Sales to persons engaged in any of the activities 4,320
mentioned in division (E)(2) or (9) of section 5739.01 of the 4,321
Revised Code, to persons engaged in making retail sales, or to 4,322
persons who purchase for sale from a manufacturer tangible 4,323
personal property that was produced by the manufacturer in 4,324
accordance with specific designs provided by the purchaser, of 4,325
packages, including material and parts for packages, and of 4,326
machinery, equipment, and material for use primarily in packaging 4,327
tangible personal property produced for sale by or on the order 4,328
of the person doing the packaging, or sold at retail. "Packages" 4,329
includes bags, baskets, cartons, crates, boxes, cans, bottles, 4,330
bindings, wrappings, and other similar devices and containers, 4,331
and "packaging" means placing therein. 4,332
(16) Sales of food to persons using food stamp coupons to 4,334
purchase the food. As used in division (B)(16) of this section, 4,335
"food" has the same meaning as in the "Food Stamp Act of 1977," 4,336
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 4,337
adopted pursuant to that act. 4,338
(17) Sales to persons engaged in farming, agriculture, 4,340
horticulture, or floriculture, of tangible personal property for 4,341
use or consumption directly in the production by farming, 4,342
agriculture, horticulture, or floriculture of other tangible 4,343
personal property for use or consumption directly in the 4,344
production of tangible personal property for sale by farming, 4,345
95
agriculture, horticulture, or floriculture; or material and parts 4,346
for incorporation into any such tangible personal property for 4,347
use or consumption in production; and of tangible personal 4,348
property for such use or consumption in the conditioning or 4,349
holding of products produced by and for such use, consumption, or 4,350
sale by persons engaged in farming, agriculture, horticulture, or 4,351
floriculture, except where such property is incorporated into 4,352
real property; 4,353
(18) Sales of drugs dispensed by a licensed pharmacist 4,356
upon the order of a licensed health professional authorized to 4,358
prescribe drugs to a human being, as the term "licensed health
professional authorized to prescribe drugs" is defined in section 4,359
4729.01 of the Revised Code; insulin as recognized in the 4,361
official United States pharmacopoeia; urine and blood testing 4,362
materials when used by diabetics or persons with hypoglycemia to 4,363
test for glucose or acetone; hypodermic syringes and needles when 4,364
used by diabetics for insulin injections; epoetin alfa when 4,365
purchased for use in the treatment of persons with end-stage 4,366
renal disease; hospital beds when purchased for use by persons 4,368
with medical problems for medical purposes; and oxygen and 4,369
oxygen-dispensing equipment when purchased for use by persons 4,370
with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast 4,372
prostheses, and other prosthetic devices for humans; braces or 4,373
other devices for supporting weakened or nonfunctioning parts of 4,374
the human body; wheelchairs; devices used to lift wheelchairs 4,375
into motor vehicles and parts and accessories to such devices; 4,376
crutches or other devices to aid human perambulation; and items 4,377
of tangible personal property used to supplement impaired 4,378
functions of the human body such as respiration, hearing, or 4,379
elimination. No exemption under this division shall be allowed 4,380
for nonprescription drugs, medicines, or remedies; items or 4,381
devices used to supplement vision; items or devices whose 4,382
function is solely or primarily cosmetic; or physical fitness 4,383
96
equipment. This division does not apply to sales to a physician 4,384
or medical facility for use in the treatment of a patient. 4,385
(20) Sales of emergency and fire protection vehicles and 4,387
equipment to nonprofit organizations for use solely in providing 4,388
fire protection and emergency services for political subdivisions 4,389
of the state; 4,390
(21) Sales of tangible personal property manufactured in 4,392
this state, if sold by the manufacturer in this state to a 4,393
retailer for use in the retail business of the retailer outside 4,394
of this state and if possession is taken from the manufacturer by 4,396
the purchaser within this state for the sole purpose of 4,397
immediately removing the same from this state in a vehicle owned 4,398
by the purchaser;
(22) Sales of services provided by the state or any of its 4,400
political subdivisions, agencies, instrumentalities, 4,401
institutions, or authorities, or by governmental entities of the 4,402
state or any of its political subdivisions, agencies, 4,403
instrumentalities, institutions, or authorities; 4,404
(23) Sales of motor vehicles to nonresidents of this state 4,406
upon the presentation of an affidavit executed in this state by 4,407
the nonresident purchaser affirming that the purchaser is a 4,408
nonresident of this state, that possession of the motor vehicle 4,409
is taken in this state for the sole purpose of immediately 4,410
removing it from this state, that the motor vehicle will be 4,411
permanently titled and registered in another state, and that the 4,412
motor vehicle will not be used in this state; 4,413
(24) Sales to persons engaged in the preparation of eggs 4,415
for sale of tangible personal property used or consumed directly 4,416
in such preparation, including such tangible personal property 4,417
used for cleaning, sanitizing, preserving, grading, sorting, and 4,418
classifying by size; packages, including material and parts for 4,419
packages, and machinery, equipment, and material for use in 4,420
packaging eggs for sale; and handling and transportation 4,421
equipment and parts therefor, except motor vehicles licensed to 4,422
97
operate on public highways, used in intraplant or interplant 4,423
transfers or shipment of eggs in the process of preparation for 4,424
sale, when the plant or plants within or between which such 4,425
transfers or shipments occur are operated by the same person. 4,426
"Packages" includes containers, cases, baskets, flats, fillers, 4,427
filler flats, cartons, closure materials, labels, and labeling 4,428
materials, and "packaging" means placing therein. 4,429
(25)(a) Sales of water to a consumer for residential use, 4,431
except the sale of bottled water, distilled water, mineral water, 4,432
carbonated water, or ice; 4,433
(b) Sales of water by a nonprofit corporation engaged 4,435
exclusively in the treatment, distribution, and sale of water to 4,436
consumers, if such water is delivered to consumers through pipes 4,437
or tubing. 4,438
(26) Fees charged for inspection or reinspection of motor 4,440
vehicles under section 3704.14 of the Revised Code; 4,441
(27) Sales of solar, wind, or hydrothermal energy systems 4,443
that meet the guidelines established under division (B) of 4,444
section 1551.20 of the Revised Code, components of such systems 4,445
that are identified under division (B) or (D) of that section, or 4,446
charges for the installation of such systems or components, made 4,447
during the period from August 14, 1979, through December 31, 4,448
1985; 4,449
(28) Sales to persons licensed to conduct a food service 4,451
operation pursuant to section 3732.03 3717.43 of the Revised 4,452
Code, of tangible personal property primarily used directly for 4,454
the following:
(a) To prepare food for human consumption for sale; 4,456
(b) To preserve food that has been or will be prepared for 4,459
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 4,460
selection by the consumer; 4,461
(c) To clean tangible personal property used to prepare or 4,463
serve food for human consumption for sale. 4,464
98
(29) Sales of animals by nonprofit animal adoption 4,466
services or county humane societies; 4,467
(30) Sales of services to a corporation described in 4,469
division (A) of section 5709.72 of the Revised Code, and sales of 4,470
tangible personal property that qualifies for exemption from 4,471
taxation under section 5709.72 of the Revised Code; 4,472
(31) Sales and installation of agricultural land tile, as 4,474
defined in division (B)(5)(a) of section 5739.01 of the Revised 4,475
Code; 4,476
(32) Sales and erection or installation of portable grain 4,478
bins, as defined in division (B)(5)(b) of section 5739.01 of the 4,479
Revised Code; 4,480
(33) The sale, lease, repair, and maintenance of; parts 4,482
for; or items attached to or incorporated in motor vehicles that 4,483
are primarily used for transporting tangible personal property by 4,484
a person engaged in highway transportation for hire; 4,485
(34) Sales to the state headquarters of any veterans' 4,487
organization in Ohio that is either incorporated and issued a 4,488
charter by the congress of the United States or is recognized by 4,489
the United States veterans administration, for use by the 4,490
headquarters; 4,491
(35) Sales to a telecommunications service vendor of 4,493
tangible personal property and services used directly and 4,494
primarily in transmitting, receiving, switching, or recording any 4,495
interactive, two-way electromagnetic communications, including 4,496
voice, image, data, and information, through the use of any 4,497
medium, including, but not limited to, poles, wires, cables, 4,498
switching equipment, computers, and record storage devices and 4,499
media, and component parts for the tangible personal property. 4,500
The exemption provided in division (B)(35) of this section shall 4,501
be in lieu of all other exceptions under division (E)(2) of 4,502
section 5739.01 of the Revised Code to which a telecommunications 4,503
service vendor may otherwise be entitled based upon the use of 4,504
the thing purchased in providing the telecommunications service. 4,505
99
(36) Sales of investment metal bullion and investment 4,507
coins. "Investment metal bullion" means any elementary precious 4,508
metal that has been put through a process of smelting or 4,509
refining, including, but not limited to, gold, silver, platinum, 4,510
and palladium, and which is in such state or condition that its 4,511
value depends upon its content and not upon its form. 4,512
"Investment metal bullion" does not include fabricated precious 4,513
metal that has been processed or manufactured for one or more 4,515
specific and customary industrial, professional, or artistic 4,516
uses. "Investment coins" means numismatic coins or other forms 4,517
of money and legal tender manufactured of gold, silver, platinum, 4,518
palladium, or other metal under the laws of the United States or 4,519
any foreign nation with a fair market value greater than any 4,520
statutory or nominal value of such coins. 4,521
(37)(a) Sales where the purpose of the consumer is to use 4,523
or consume the things transferred in making retail sales and 4,524
consisting of newspaper inserts, catalogues, coupons, flyers, 4,525
gift certificates, or other advertising material that prices and 4,527
describes tangible personal property offered for retail sale. 4,528
(b) Sales to direct marketing vendors of preliminary 4,530
materials such as photographs, artwork, and typesetting that will 4,531
be used in printing advertising material; of printed matter that 4,532
offers free merchandise or chances to win sweepstake prizes and 4,533
that is mailed to potential customers with advertising material 4,534
described in division (B)(37)(a) of this section; and of 4,535
equipment such as telephones, computers, facsimile machines, and 4,536
similar tangible personal property primarily used to accept 4,537
orders for direct marketing retail sales. 4,538
(c) Sales of automatic food vending machines that preserve 4,540
food with a shelf life of forty-five days or less by 4,541
refrigeration and dispense it to the consumer. 4,542
For purposes of division (B)(37) of this section, "direct 4,544
marketing" means the method of selling where consumers order 4,545
tangible personal property by United States mail, delivery 4,546
100
service, or telecommunication and the vendor delivers or ships 4,547
the tangible personal property sold to the consumer from a 4,548
warehouse, catalogue distribution center, or similar fulfillment 4,549
facility by means of the United States mail, delivery service, or 4,550
common carrier. 4,551
(38) Sales to a person engaged in the business of 4,553
horticulture or producing livestock of materials to be 4,554
incorporated into a horticulture structure or livestock 4,555
structure; 4,556
(39) The sale of a motor vehicle that is used exclusively 4,558
for a vanpool ridesharing arrangement to persons participating in 4,559
the vanpool ridesharing arrangement when the vendor is selling 4,560
the vehicle pursuant to a contract between the vendor and the 4,561
department of transportation;
(40) Sales of personal computers, computer monitors, 4,563
computer keyboards, modems, and other peripheral computer 4,564
equipment to an individual who is licensed or certified to teach 4,565
in an elementary or a secondary school in this state for use by 4,566
that individual in preparation for teaching elementary or
secondary school students; 4,567
(41) Sales to a professional racing team of any of the 4,569
following: 4,570
(a) Motor racing vehicles; 4,572
(b) Repair services for motor racing vehicles; 4,575
(c) Items of property that are attached to or incorporated 4,578
in motor racing vehicles, including engines, chassis, and all 4,579
other components of the vehicles, and all spare, replacement, and 4,580
rebuilt parts or components of the vehicles; except not including 4,581
tires, consumable fluids, paint, and accessories consisting of 4,582
instrumentation sensors and related items added to the vehicle to 4,583
collect and transmit data by means of telemetry and other forms 4,584
of communication.
(42) Sales of used manufactured homes and used mobile 4,586
homes, as defined in section 5739.0210 of the Revised Code. 4,587
101
For the purpose of the proper administration of this 4,589
chapter, and to prevent the evasion of the tax, it is presumed 4,590
that all sales made in this state are subject to the tax until 4,591
the contrary is established. 4,592
As used in this section, except in division (B)(16) of this 4,594
section, "food" includes cereals and cereal products, milk and 4,595
milk products including ice cream, meat and meat products, fish 4,596
and fish products, eggs and egg products, vegetables and 4,597
vegetable products, fruits, fruit products, and pure fruit 4,598
juices, condiments, sugar and sugar products, coffee and coffee 4,599
substitutes, tea, and cocoa and cocoa products. It does not 4,600
include: spirituous or malt liquors; soft drinks; sodas and 4,601
beverages that are ordinarily dispensed at bars and soda 4,602
fountains or in connection therewith, other than coffee, tea, and 4,603
cocoa; root beer and root beer extracts; malt and malt extracts; 4,604
mineral oils, cod liver oils, and halibut liver oil; medicines, 4,605
including tonics, vitamin preparations, and other products sold 4,606
primarily for their medicinal properties; and water, including 4,607
mineral, bottled, and carbonated waters, and ice. 4,608
(C) The levy of an excise tax on transactions by which 4,610
lodging by a hotel is or is to be furnished to transient guests 4,611
pursuant to this section and division (B) of section 5739.01 of 4,612
the Revised Code does not prevent any of the following: 4,613
(1) A municipal corporation or township from levying an 4,615
excise tax for any lawful purpose not to exceed three per cent on 4,616
transactions by which lodging by a hotel is or is to be furnished 4,617
to transient guests in addition to the tax levied by this 4,618
section. If a municipal corporation or township repeals a tax 4,619
imposed under division (C)(1) of this section and a county in 4,620
which the municipal corporation or township has territory has a 4,621
tax imposed under division (C) of section 5739.024 of the Revised 4,622
Code in effect, the municipal corporation or township may not 4,623
reimpose its tax as long as that county tax remains in effect. A 4,624
municipal corporation or township in which a tax is levied under 4,625
102
division (B)(2) of section 351.021 of the Revised Code may not 4,626
increase the rate of its tax levied under division (C)(1) of this 4,627
section to any rate that would cause the total taxes levied under 4,628
both of those divisions to exceed three per cent on any lodging 4,629
transaction within the municipal corporation or township. 4,630
(2) A municipal corporation or a township from levying an 4,632
additional excise tax not to exceed three per cent on such 4,633
transactions pursuant to division (B) of section 5739.024 of the 4,634
Revised Code. Such tax is in addition to any tax imposed under 4,635
division (C)(1) of this section. 4,636
(3) A county from levying an excise tax pursuant to 4,638
division (A) of section 5739.024 of the Revised Code. 4,639
(4) A county from levying an excise tax not to exceed 4,641
three per cent of such transactions pursuant to division (C) of 4,642
section 5739.024 of the Revised Code. Such a tax is in addition 4,643
to any tax imposed under division (C)(3) of this section. 4,644
(5) A convention facilities authority, as defined in 4,646
division (A) of section 351.01 of the Revised Code, from levying 4,647
the excise taxes provided for in division (B) of section 351.021 4,648
of the Revised Code. 4,649
(6) A county from levying an excise tax not to exceed one 4,651
and one-half per cent of such transactions pursuant to division 4,652
(D) of section 5739.024 of the Revised Code. Such tax is in 4,653
addition to any tax imposed under division (C)(3) or (4) of this 4,654
section. 4,655
(7) A county from levying an excise tax not to exceed one 4,657
and one-half per cent of such transactions pursuant to division 4,658
(E) of section 5739.024 of the Revised Code. Such a tax is in 4,659
addition to any tax imposed under division (C)(3), (4), or (6) of 4,660
this section. 4,661
(D) The levy of this tax on retail sales of recreation and 4,663
sports club service shall not prevent a municipal corporation 4,664
from levying any tax on recreation and sports club dues or on any 4,665
income generated by recreation and sports club dues. 4,666
103
Sec. 5739.11. As used in this section "food service 4,675
operator" means a vendor who conducts a food service operation 4,676
under Chapter 3732 3717. of the Revised Code. 4,677
Each vendor shall keep complete and accurate records of 4,679
sales, together with a record of the tax collected on the sales, 4,680
which shall be the amount due under sections 5739.01 to 5739.31 4,681
of the Revised Code, and shall keep all invoices, bills of 4,682
lading, and other such pertinent documents. Alternatively, any 4,683
food service operator who has not been convicted under section 4,684
5739.99 of the Revised Code, with respect to the vendor's food 4,685
service operation, may keep a sample of primary sales records. 4,686
Such sample shall consist of all sales invoices, guest checks, 4,687
cash register tapes, and other such documents for each of 4,688
fourteen days in every calendar quarter. The specific days to be 4,689
included in the sample shall be determined by the tax 4,690
commissioner and entered in the commissioner's journal within ten 4,691
days after the close of every calendar quarter. The tax 4,692
commissioner shall notify each such operator registered pursuant 4,693
to section 5739.17 of the Revised Code who requests such 4,694
notification of the days to be included in each sample by the 4,695
last day of the month following the close of each calendar 4,696
quarter. The notice also shall contain a statement that 4,697
destruction of primary records for time periods other than the 4,698
specified sample period is optional and that some operators may 4,699
wish to keep all such records for four full years so as to be 4,700
able to clearly demonstrate that they have fully complied with 4,701
this chapter and Chapter 5741. of the Revised Code. The tax 4,702
commissioner shall further make such determination known through 4,703
a general news release. 4,704
Each vendor shall keep exemption certificates required to 4,706
be obtained under section 5739.03 of the Revised Code. If the 4,707
vendor makes sales not subject to the tax and not required to be 4,708
evidenced by an exemption certificate, the vendor's records shall 4,709
show the identity of the purchaser, if the sale was exempted by 4,710
104
reason of such identity, or the nature of the transaction if 4,711
exempted for any other reason. Vendors are not required to 4,712
differentiate in record-keeping between sales that are exempt 4,713
from taxation under division (B)(2) of section 5739.02 of the 4,714
Revised Code and those that are exempt under division (B)(16) of 4,715
that section. Such records and other documents required to be 4,716
kept by this section shall be open during business hours to the 4,717
inspection of the tax commissioner, and shall be preserved for a 4,718
period of four years, unless the commissioner, in writing, 4,719
consents to their destruction within that period, or by order 4,720
requires that they be kept longer. 4,721
Section 2. That existing sections 901.43, 911.01, 911.011, 4,723
911.02, 915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 4,724
3709.09, 3715.02, 3715.52, 3715.99, 3724.03, 3732.01, 3732.02, 4,725
3732.03, 3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.10, 4,727
3732.11, 3732.12, 3732.13, 3732.14, 3732.99, 4303.021, 4303.13, 4,728
4303.14, 4303.15, 4303.181, 4303.182, 4303.183, 4736.01, 4745.01, 4,729
5104.05, 5104.051, 5739.02, and 5739.11 and sections 3707.38, 4,730
3715.21, 3715.211, and 3732.07 of the Revised Code are hereby 4,731
repealed.
Section 3. Sections 3717.21, 3717.24, and 3717.44 of the 4,733
Revised Code, as enacted by this act, shall take effect February 4,735
1, 2001.
Section 4. Initial appointments to the Retail Food Safety 4,737
Council, created by section 3717.02 of the Revised Code, shall be 4,739
made by the Director of Agriculture and Director of Health not 4,740
later than 90 days after the effective date of this act. When 4,741
all members are appointed, the Director of Health shall abolish 4,742
the Food Service Advisory Board that the Director of Health 4,743
appointed pursuant to section 3732.02 of the Revised Code, as 4,745
that section existed before the effective date of this act. 4,746
Section 5. (A) The Retail Food Safety Council, created by 4,748
section 3717.02 of the Revised Code, shall conduct a five-year 4,749
study for the following purposes: 4,750
105
(1) To determine whether the recommendations of the food 4,752
safety council created by Am. Sub. H.B. 113 of the 122nd General 4,753
Assembly have been implemented and, if implemented, the effects 4,754
of the implementation; 4,755
(2) To evaluate the level of food safety awareness of 4,757
consumers and their confidence in the state's food supply. 4,758
(B) On or before June 1, 2006, the Council shall complete 4,760
its study and issue a report of its findings and recommendations. 4,761
The report shall be submitted to the Speaker of the House of 4,762
Representatives, Minority Leader of the House of Representatives, 4,763
President of the Senate, and Minority Leader of the Senate. 4,764
Section 6. (A) The Director of Agriculture and the 4,766
Director of Health shall include, on their departments' 4,767
respective internet home pages' links to each other's home page 4,769
and to the Ohio basic food code adopted under this act. The Ohio 4,771
basic food code shall contain hypertext links to the Ohio Revised 4,773
Code, Ohio Administrative Code, and any internet sites that the
Directors jointly deem relevant. 4,774
(B) The Director of Agriculture and the Director of Health 4,776
shall study the feasibility of unifying the computer systems of 4,777
the Department of Agriculture and the Department of Health or 4,778
otherwise ensuring the compatibility of their respective computer 4,780
systems.