As Reported by House Commerce & Labor Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 223 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-PADGETT-D.MILLER-KRUPINSKI- 8
VERICH-CORBIN 9
_________________________________________________________________ 10
A B I L L
To amend sections 901.43, 911.01, 911.011, 911.02, 12
915.24, 2305.37, 3701.22, 3701.83, 3707.33, 13
3707.99, 3709.09, 3715.02, 3715.52, 3715.99, 14
3724.03, 3732.01, 3732.02, 3732.03, 3732.04, 15
3732.05, 3732.06, 3732.08, 3732.09, 3732.11, 16
3732.12, 3732.13, 3732.14, 3732.99, 4303.021,
4303.13, 4303.14, 4303.15, 4303.181, 4303.182, 17
4303.183, 4736.01, 4745.01, 5104.05, 5104.051, 18
5739.02, and 5739.11; to amend, for the purpose
of adopting new section numbers as indicated in 19
parentheses, sections 911.011 (911.021), 3732.01 20
(3717.01), 3732.02 (3717.51), 3732.03 (3717.43),
3732.04 (3717.45), 3732.05 (3717.46), 3732.06 22
(3717.12), 3732.08 (3717.47), 3732.09 (3717.11), 23
3732.10 (3717.13), 3732.11 (3717.49), 3732.12 24
(3717.50), 3732.13 (3717.52), 3732.14 (3717.09), 25
and 3732.99 (3717.99); to enact sections
3715.021, 3715.511, 3717.02 to 3717.08, 3717.21 26
to 3717.33, 3717.41, 3717.42, 3717.44, and 27
3717.48; and to repeal sections 3707.38, 3715.21, 28
3715.211, and 3732.07 of the Revised Code to make 29
changes in the laws pertaining to food service
operations and to require the licensing of retail 30
food establishments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
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Section 1. That sections 901.43, 911.01, 911.011, 911.02, 34
915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 3709.09, 35
3715.02, 3715.52, 3715.99, 3724.03, 3732.01, 3732.02, 3732.03, 37
3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.11, 3732.12, 39
3732.13, 3732.14, 3732.99, 4303.021, 4303.13, 4303.14, 4303.15, 40
4303.181, 4303.182, 4303.183, 4736.01, 4745.01, 5104.05, 41
5104.051, 5739.02, and 5739.11 be amended; sections 911.011 42
(911.021), 3732.01 (3717.01), 3732.02 (3717.51), 3732.03
(3717.43), 3732.04 (3717.45), 3732.05 (3717.46), 3732.06 44
(3717.12), 3732.08 (3717.47), 3732.09 (3717.11), 3732.10 45
(3717.13), 3732.11 (3717.49), 3732.12 (3717.50), 3732.13 46
(3717.52), 3732.14 (3717.09), and 3732.99 (3717.99) be amended 48
for the purpose of adopting new section numbers as indicated in 49
parentheses; and sections 3715.021, 3715.511, 3717.02, 3717.03, 51
3717.04, 3717.05, 3717.06, 3717.07, 3717.08, 3717.21, 3717.22, 52
3717.23, 3717.24, 3717.25, 3717.26, 3717.27, 3717.28, 3717.29, 53
3717.30, 3717.31, 3717.32, 3717.33, 3717.41, 3717.42, 3717.44, 54
and 3717.48 of the Revised Code be enacted to read as follows: 56
Sec. 901.43. (A) The director of agriculture may 65
authorize any department of agriculture laboratory to perform a 67
laboratory service for any person, organization, political 69
subdivision, state agency, federal agency, or other entity, 71
whether public or private, and may charge a reasonable fee for 73
performance of the laboratory service. THE 74
(B) The director shall adopt and enforce rules to provide 77
for the rendering of a laboratory service and may. 78
(B) THE DIRECTOR MAY CHARGE A REASONABLE FEE FOR THE 80
PERFORMANCE OF A LABORATORY SERVICE, EXCEPT WHEN THE SERVICE IS 82
PERFORMED ON AN OFFICIAL SAMPLE TAKEN BY THE DIRECTOR ACTING 84
PURSUANT TO TITLE IX, CHAPTER 3715., OR CHAPTER 3717. OF THE 86
REVISED CODE; BY A BOARD OF HEALTH ACTING AS THE LICENSOR OF 88
RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE OPERATIONS UNDER 89
CHAPTER 3717. OF THE REVISED CODE; OR BY THE DIRECTOR OF HEALTH 91
ACTING AS THE LICENSOR OF FOOD SERVICE OPERATIONS UNDER CHAPTER 92
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3717. OF THE REVISED CODE. THE DIRECTOR OF AGRICULTURE SHALL 93
ADOPT RULES SPECIFYING WHAT CONSTITUTES AN OFFICIAL SAMPLE. 94
THE DIRECTOR SHALL publish a list of laboratory services 97
offered, together with the fee for each service. 99
(C) The director may enter into a contract with any 101
person, organization, political subdivision, state agency, 103
federal agency, or other entity for the provision of a laboratory 105
service.
(D)(1) The director may adopt rules specifying what 107
constitutes an official sample. 108
(2) The director shall not charge a fee for a laboratory 110
service performed on an official sample, but may charge a fee for 111
any other sample taken or laboratory service performed by the 112
department.
(E)(1) The director may adopt rules establishing standards 115
for accreditation of laboratories and laboratory services and in 116
doing so may adopt by reference existing or recognized standards 117
or practices.
(2) The director may inspect and accredit laboratories and 120
laboratory services, and may charge a reasonable fee for the 121
inspections and accreditation.
(F)(E)(1) All moneys collected by the director under this 124
section that are from fees generated by a laboratory service 125
performed by the department and related to the diseases of
animals, and all moneys so collected that are from fees generated 126
for the inspection and accreditation of laboratories and 127
laboratory services related to the diseases of animals, shall be 128
deposited in the animal industry laboratory fund, which is hereby 129
created in the state treasury. The director shall use the moneys 130
in the animal industry laboratory fund to purchase supplies and 131
equipment for the laboratory that provides laboratory services 132
related to the diseases of animals. 133
(2) All moneys collected by the director under this 136
section that are from fees generated by a laboratory service 137
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performed by the consumer analytical laboratory, and all moneys 138
so collected that are from fees generated for the inspection and
accreditation of laboratories and laboratory services not related 139
to weights and measures or the diseases of animals, shall be 141
deposited in the laboratory services fund, which is hereby 143
created in the state treasury. The moneys held in the fund may 144
be used to pay the expenses necessary to operate the consumer 145
analytical laboratory, including the purchase of supplies and
equipment. 146
(3) All moneys collected by the director under this 148
section that are from fees generated by a laboratory service 149
performed by the weights and measures laboratory, and all moneys 150
so collected that are from fees generated for the inspection and 151
accreditation of laboratories and laboratory services related to 152
weights and measures, shall be deposited in the weights and 153
measures laboratory fund, which is hereby created in the state 154
treasury. The moneys held in the fund may be used to pay the 155
expenses necessary to operate the division of weights and 156
measures, including the purchase of supplies and equipment. 157
Sec. 911.01. (A) Except as provided in division (B) of 167
this section, "bakery," as AS used in sections 911.01 to 911.20 168
of the Revised Code, "BAKERY" means a building or part of a 169
building wherein is carried on the production, preparation, 170
packing, storing, display, or sale TO OTHER THAN THE ULTIMATE 171
CONSUMER of bread, stuffed breads, cake, pies, cookies, crackers, 173
doughnuts, noodles, waffle cones, pizza crusts for resale, or
other bakery products, whether frozen, fried, deep fried, or 175
partially or completely baked, including any separate room used 177
for the convenience or accommodation of the workers. Sections 178
911.02, 911.04, 911.11, 911.12, 911.13, and 911.15 of the Revised 179
Code do not apply to retail stores where bakery products are sold 180
but not produced.
(B) "Bakery" does not mean a food service operation 182
licensed under section 3732.03 of the Revised Code that includes 183
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the preparation or serving of bakery products. 184
Sec. 911.02. Except as provided in division (A) of section 193
3732.07 of the Revised Code, each EACH person, firm, partnership, 195
or corporation that owns or operates a bakery shall register each 197
bakery that it owns or operates with the director of agriculture. 199
For the registration, the owner or operator of each bakery shall 201
pay an annual fee of thirty dollars for a production capacity of 202
one thousand pounds of bakery product per hour or less and an 203
annual fee of thirty dollars for each one thousand pounds of 204
bakery product per hour capacity, or part thereof, in excess of 205
one thousand pounds of bakery product per hour. 206
Any person who owns or operates a home bakery with only one 208
oven, in a stove of ordinary home kitchen design and located in a 209
home, used for the baking of baked goods to be sold, shall pay a 210
sum of ten dollars annually for registration regardless of the 211
capacity of the home bakery oven. The registration shall be 214
renewed annually by the thirtieth day of September and shall be 215
renewed according to the standard renewal procedure of Chapter 216
4745. of the Revised Code. The registration of the bakery shall 217
show the location, including municipal corporation, street, and 218
number, the name of the owner, and the name of the operator. The 219
application for registration shall be made on a form prescribed 220
and provided by the director. All moneys received from 221
registration fees and fines collected under sections 911.01 to 222
911.20 of the Revised Code shall be deposited with the treasurer 223
of state to the credit of the food safety fund created in section 224
915.24 of the Revised Code. All annual renewal registration fees 226
required by this section shall be paid by the applicant for the 227
renewal to the treasurer of state for deposit into the food 229
safety fund. 230
No bakery product that is manufactured in an out-of-state 232
bakery shall be sold or offered for sale within this state unless 233
the bakery is in compliance with sections 911.01 to 911.20 of the 236
Revised Code, and is registered, having paid the annual
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registration fee. 237
Registration of out-of-state bakeries is not required if a 239
reciprocal agreement is in effect whereby a bakery located in 240
this state is not subject to a license or registration fee by the 241
receiving state or a political subdivision thereof. 242
Sec. 911.011 911.021. (A) The preparation and serving of 251
bakery products by a food service operation licensed under 254
section 3732.03 of the Revised Code shall be regulated under 255
Chapter 3732. of the Revised Code and not under this chapter. 256
(B) A bakery shall be regulated under this chapter and not 258
under Chapter 3732 3717. of the Revised Code when either of the 260
following applies: 261
(1) The bakery only serves bakery products on its 263
premises;
(2) The bakery serves bakery products for consumption on 265
its premises and also serves frozen desserts, beverages, nuts, 267
popcorn, candy, or similar confections, dairy products, or any 268
combination of those items for consumption THE BAKERY'S PRIMARY 269
BUSINESS IS WHOLESALE, EVEN IF THE BAKERY ALSO SELLS BAKERY 270
PRODUCTS AT RETAIL on its premises. 271
Sec. 915.24. (A) There is hereby created in the state 280
treasury the food safety fund. All of the following moneys shall 283
be credited to the fund:
(1) Bakery registration fees and fines received under 285
sections 911.02 to 911.20 of the Revised Code; 287
(2) Cannery license fees and renewal fees received under 289
sections 913.01 to 913.05 of the Revised Code; 290
(3) Moneys received under sections 913.22 to 913.28 of the 292
Revised Code; 293
(4) License fees, fines, and penalties recovered for the 295
violation of sections 915.01 to 915.12 of the Revised Code; 296
(5) License fees collected under sections 915.14 to 915.23 298
and under section 3715.21 of the Revised Code; 300
(6) LICENSE FEES, OTHER FEES, AND FINES COLLECTED BY OR 302
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FOR THE DIRECTOR OF AGRICULTURE UNDER CHAPTER 3717. OF THE 304
REVISED CODE.
(B) The director of agriculture shall use the moneys 306
deposited into the food safety fund to administer and enforce the 309
laws pursuant to which the moneys were collected.
Sec. 2305.37. (A) As used in this section: 318
(1) "Agency" means any nonhospital, charitable nonprofit 320
corporation that is organized and operated pursuant to Chapter 321
1702. of the Revised Code and that satisfies both of the 322
following, or any nonhospital, charitable association, group, 323
institution, organization, or society that is not organized and 325
not operated for profit and that satisfies both of the following: 326
(a) It distributes perishable food, directly or 328
indirectly, to individuals in need. 329
(b) It does not charge or accept any form of compensation 331
from the individuals in need for the distribution of the 332
perishable food to them. 333
(2) "Food service operation" has the same meaning as in 335
section 3732.01 3717.01 of the Revised Code. 336
(3) "Food that is gleaned" means perishable food that 338
remains on a farm or other real property and that the owner, 339
lessee, renter, or operator of the property permits one or more 340
persons to salvage free-of-charge for subsequent donation to one 341
or more agencies.
(4) "Harm" means injury, death, or loss to person or 343
property. 344
(5) "Hospital" has the same meaning as in section 2108.01, 346
3701.01, or 5122.01 of the Revised Code. 347
(6) "Individuals in need" means those persons who an 349
agency determines are eligible to receive free distributions of 350
perishable food because of poverty, illness, disability, infancy, 351
or other conditions or circumstances that may result in persons 352
having a need to receive free distributions of perishable food. 353
(7) "Perishable food" means any food that may spoil or 355
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otherwise become unfit for human consumption because of its 356
nature, age, or physical condition. "Perishable food" includes, 357
but is not limited to, fresh meats, processed meats, poultry, 358
fish and other seafood, dairy products, bakery products, eggs in 359
the shell, fresh fruits, fresh vegetables, food that is gleaned, 360
food that is packaged, refrigerated, or frozen, food that is 361
canned, and prepared or other food that has not been served by a 362
restaurant, cafeteria, hospital, hotel, caterer, or other food 363
service operation to any customer, patient, or other person in 364
the ordinary course of business, by a public or private school, 365
college, university, or other educational institution to a 366
student or another person on the premises in the ordinary course 367
of the operation of the institution, or by a fraternal, 368
veteran's, or other organization to its members or other persons 369
on the premises in the ordinary course of the operation of the 370
organization.
(8) "Person" has the same meaning as in section 1.59 of 372
the Revised Code and additionally includes governmental entities. 373
(9) "Sale date" has the same meaning as in section 375
3715.171 of the Revised Code. 376
(10) "Tort action" means a civil action for damages for 378
injury, death, or loss to person or property. "Tort action" 379
includes a product liability claim but does not include a civil 381
action for a breach of contract or another agreement between 382
persons.
(B) Notwithstanding Chapter 3715. of the Revised Code, a 384
person who, in good faith, donates perishable food to an agency 385
is not liable in damages in a tort action for harm that allegedly 386
arises because that perishable food, when distributed by the 387
agency or any other agency to a particular individual in need, is 388
not fit for human consumption, if both of the following apply: 389
(1) Prior to the donation of the perishable food to the 391
agency, the person determines that the perishable food will be 392
fit for human consumption at the time of its donation. A 393
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presumption favoring liability does not arise because the 394
perishable food is donated to an agency on or after an applicable 395
sale date. 396
(2) The person does not make the determination that the 398
perishable food will be fit for human consumption at the time of 399
its donation to the agency in a manner that constitutes 400
negligence or willful or wanton misconduct. 401
(C)(1) This section does not create a new cause of action 403
or substantive legal right against persons who donate perishable 404
food to an agency.
(2) This section does not affect any immunities from or 406
defenses to tort liability established by another section of the 407
Revised Code or available at common law to which persons who 408
donate perishable food other than to agencies may be entitled. 409
Sec. 3701.22. The department of health shall maintain a 418
chemical and bacteriological laboratory for the examination 419
FOLLOWING:
(A) EXAMINATION of public water supplies, and the effluent 422
of sewage purification works, for the diagnosis;
(B) DIAGNOSIS of diphtheria, typhoid fever, hydrophobia, 425
glanders, and such other diseases as it deems necessary, and for 426
the examination of food suspected to be the cause of disease. 427
The department shall examine and report to the director of
environmental protection and the public each year the condition 428
of all public water supplies; 429
(C) ANALYSIS OF PATIENT SPECIMENS AND FOOD SAMPLES 431
NECESSARY FOR INVESTIGATION OF FOODBORNE ILLNESSES. IN FOODBORNE 432
ILLNESS INVESTIGATIONS, THE LABORATORY SHALL COOPERATE AND 433
CONSULT WITH THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO 434
SECTION 3715.02 OF THE REVISED CODE.
Sec. 3701.83. (A) There is hereby created in the state 443
treasury the general operations fund. Moneys in the fund shall 444
be used for the purposes specified in sections 3701.04, 3701.344, 445
3701.88, 3702.20, 3710.15, 3711.021, 3717.45, 3721.02, 3722.04, 447
10
3732.04, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 449
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 450
of the Revised Code.
(B) The alcohol testing program fund is hereby created in 453
the state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program 454
authorized by section 3701.143 of the Revised Code. 455
The fund shall receive transfers from the liquor control 458
fund created under section 4301.12 of the Revised Code. All 459
investment earnings of the alcohol testing program fund shall be 460
credited to the fund.
Sec. 3707.33. The board of health of a city or general 469
health district may appoint, define the duties of, and fix the 470
compensation of the number of inspectors of shops, wagons, 471
appliances, and meat FOOD, and the number of other persons 473
necessary to carry out this chapter AND CHAPTER 3717. OF THE 474
REVISED CODE and, if applicable, to carry out any duties assumed 475
by the board under an agreement entered into under division (B) 476
of section 917.02 of the Revised Code. Inspectors for those 478
purposes may enter any house, vehicle, or yard. The board may 479
authorize the health commissioner to perform the duties of the 480
inspectors.
Sec. 3707.99. (A) Whoever violates section 3707.03 of the 489
Revised Code, unless good and sufficient reason therefor is 490
shown, is guilty of a minor misdemeanor. 491
(B) Whoever violates section 3707.38 of the Revised Code 493
is guilty of a minor misdemeanor. 495
(C) Whoever violates section 3707.48 of the Revised Code 497
is guilty of a minor misdemeanor on a first offense; on each 499
subsequent offense such person is guilty of a misdemeanor of the 500
fourth degree.
Sec. 3709.09. (A) The board of health of a city or 509
general health district may, by rule, establish a uniform system 510
of fees to pay the costs of any services provided by the board. 511
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Fees for services provided by the board for purposes specified in 512
sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04, 3733.25, 514
and 3749.04 of the Revised Code shall be established in 515
accordance with rules adopted under division (B) of this section. 516
The district advisory council, in the case of a general health 517
district, and the legislative authority of the city, in the case 518
of a city health district, may disapprove any fee established by 519
the board of health under this division, and any such fee, as 520
disapproved, shall not be charged by the board of health. 521
(B)(1) The public health council shall adopt rules under 524
section 111.15 of the Revised Code that establish fee categories 525
and uniform methodologies for use in calculating the costs of 526
services provided for purposes specified in sections 3701.344, 527
3711.05, 3730.03, 3732.04, 3733.04, 3733.25, and 3749.04 of the 528
Revised Code. In adopting the rules, the public health council 529
shall consider recommendations it receives from advisory boards 530
established either by statute or the director of health for 531
entities subject to the fees.
(2) As used in this division, "licensor" and "vending 533
machine location" have the same meanings as in section 3732.01 of 534
the Revised Code. 535
The public health council shall, under its rules, prohibit 537
licensors from increasing fees under section 3732.04 of the 539
Revised Code for vending machine locations by a percentage of 540
increase over the previous year's fee that exceeds the percentage 541
of increase in the consumer price index for all urban consumers 542
(United States city average, all items), prepared by the United 543
States department of labor, bureau of labor statistics, for the 544
immediately preceding calendar year. 545
(C) At least thirty days prior to establishing a fee for a 547
service provided by the board for a purpose specified in section 548
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the 549
Revised Code, a board of health shall notify any entity that 550
would be affected by the proposed fee of the amount of the 551
12
proposed fee. A board of health shall give notice in accordance 552
with section 3732.04 of the Revised Code of the hearing regarding 553
a proposed fee for a service provided for the purpose specified 555
in that section. 556
Sec. 3715.02. (A) The director of agriculture shall adopt 565
rules in accordance with Chapter 119. of the Revised Code that 567
establish, when otherwise not established by a law of this state, 569
definitions for a food or class of food and standards for the 570
following items as they pertain to the food or class of food: 571
(1) Quality, identity, purity, grade, and strength; 574
(2) Packaging and labeling; 576
(3) Food processing equipment; 578
(4) Processing procedures; 580
(5) Fill of containers. 582
The standards and definitions, where applicable, shall 584
conform to the standards for foods adopted by the United States 585
department of agriculture. The rules, where applicable, shall 587
conform to and be the same as AND THE UNITED STATES FOOD AND DRUG 588
ADMINISTRATION. PORTIONS OF TITLES 7, 9, AND 21 OF THE CODE OF 589
FEDERAL REGULATIONS OR the regulations adopted for the 591
enforcement of the "Federal Food, Drug, and Cosmetic Act," 52 592
Stat. 1040 (1938), 21 U.S.C.A. 301 et seq., as amended, MAY BE 593
ADOPTED AS RULES BY REFERENCING THE FEDERAL REGULATIONS, SUBJECT 594
TO THE APPROVAL OF THE JOINT COMMITTEE ON AGENCY RULE REVIEW. 595
(B) The director shall adopt rules in accordance with 598
Chapter 119. of the Revised Code that establish, when otherwise 602
not established by a law of this state, standards for food 603
establishment facilities and sanitation of food establishments. 604
As used in this division, "food establishment" means a 606
premises or part of a premises, other than a food service 607
operation as defined in section 3732.01 of the Revised Code, 610
where food is prepared, processed, stored, manufactured, 611
transported, or otherwise held or handled for sale or 612
distribution.
13
(C) In adopting rules that establish definitions and 615
standards of identity for a food or class of food in which only a 616
limited number of optional ingredients are permitted, the 617
director shall designate the optional ingredients that must be 618
listed on the label.
(B) THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH 621
CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH PROCEDURES FOR
THE PERFORMANCE OF SAMPLE ANALYSES OF FOOD, FOOD ADDITIVES, AND 622
FOOD PACKAGING MATERIALS. THE CIRCUMSTANCES UNDER WHICH A SAMPLE 623
ANALYSIS MAY BE REQUIRED INCLUDE THE FOLLOWING: 624
(1) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 626
IS THE SUBJECT OF A CONSUMER COMPLAINT; 627
(2) WHEN REQUESTED BY A CONSUMER AFTER A PHYSICIAN HAS 629
ISOLATED AN ORGANISM FROM THE CONSUMER AS THE PHYSICIAN'S 630
PATIENT;
(3) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 632
IS SUSPECTED OF HAVING CAUSED AN ILLNESS; 633
(4) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 635
IS SUSPECTED OF BEING ADULTERATED OR MISBRANDED; 636
(5) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 638
IS SUBJECT TO VERIFICATION OF FOOD LABELING AND STANDARDS OF 639
IDENTITY;
(6) AT ANY OTHER TIME THE DIRECTOR CONSIDERS A SAMPLE 641
ANALYSIS NECESSARY.
(C) IN FOODBORNE ILLNESS INVESTIGATIONS, THE DIRECTOR OF 643
AGRICULTURE SHALL COOPERATE AND CONSULT WITH THE LABORATORY 644
MAINTAINED BY THE DEPARTMENT OF HEALTH UNDER SECTION 3701.22 OF 645
THE REVISED CODE.
(D) The director or the director's designee shall do all 648
of the following: 649
(1) Inspect drugs, food, or drink manufactured, stored, or 652
offered for sale in the THIS state; 653
(2) Prosecute or cause to be prosecuted each person 655
engaged in the unlawful manufacture or sale of an adulterated 657
14
drug or article of food or drink, in violation of law; 658
(3) Enforce all laws against fraud, adulteration, or 660
impurities in drugs, foods, or drinks and unlawful labeling 662
within the THIS state.
(E) The director may appoint or contract for one or more 665
qualified persons to enforce the provisions of this chapter. 666
Sec. 3715.021. (A) AS USED IN THIS SECTION, "WHOLESALE 668
FOOD ESTABLISHMENT" MEANS A PREMISES OR PART OF A PREMISES WHERE 669
FOOD IS PROCESSED, PACKAGED, MANUFACTURED, OR OTHERWISE HELD OR 670
HANDLED FOR SALE OR DISTRIBUTION AT WHOLESALE TO PERSONS OTHER 671
THAN THE ULTIMATE CONSUMERS. "WHOLESALE FOOD ESTABLISHMENT" 672
INCLUDES THE ACTIVITIES OF A BAKERY, CONFECTIONERY, CANNERY, 673
BOTTLER, WAREHOUSE, OR DISTRIBUTOR AND THE ACTIVITIES OF AN 674
ENTITY THAT RECEIVES OR SALVAGES DISTRESSED FOOD FOR SALE OR USE 675
AS FOOD. "WHOLESALE FOOD ESTABLISHMENT" DOES NOT INCLUDE AN 676
OPERATION REGULATED UNDER CHAPTER 917. OR 918. OF THE REVISED 678
CODE.
(B) THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN 680
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH, 682
WHEN OTHERWISE NOT ESTABLISHED BY THE REVISED CODE, STANDARDS FOR 683
WHOLESALE FOOD ESTABLISHMENTS, INCLUDING THE FACILITIES OF 684
WHOLESALE FOOD ESTABLISHMENTS AND THEIR SANITATION. 685
Sec. 3715.52. (A) The following acts and causing them are 694
prohibited:
(1) The manufacture, sale, or delivery, holding or 696
offering for sale of any food, drug, device, or cosmetic that is 697
adulterated or misbranded; 698
(2) The adulteration or misbranding of any food, drug, 700
device, or cosmetic; 701
(3) The receipt in commerce of any food, drug, device, or 703
cosmetic that is adulterated or misbranded, and the delivery or 704
proffered delivery thereof for pay or otherwise; 705
(4) The sale, delivery for sale, holding for sale, or 707
offering for sale of any article in violation of section 3715.61 708
15
or 3715.65 of the Revised Code; 709
(5) The dissemination of any false advertisement; 711
(6) The refusal to permit entry or inspection, or to 713
permit the taking of a sample, as authorized by section 3715.70 714
of the Revised Code; 715
(7) The giving of a guaranty or undertaking that is false, 717
except by a person who relied on a guaranty or undertaking to the 719
same effect signed by, and containing the name and address of the 720
person residing in this state from whom the person received in 721
good faith the food, drug, device, or cosmetic; 723
(8) The removal or disposal of a detained or embargoed 725
article in violation of section 3715.55 OR 3715.551 of the 726
Revised Code; 727
(9) The alteration, mutilation, destruction, obliteration, 729
or removal of the whole or any part of the labeling of, or the 730
doing of any other act with respect to a food, drug, device, or 731
cosmetic, if the act is done while the article is held for sale 733
and results in the article being misbranded; 734
(10) Forging, counterfeiting, simulating, or falsely 736
representing, or without proper authority using any mark, stamp, 737
tag, label, or other identification device authorized or required 738
by rules adopted pursuant to sections 3715.52 to 3715.72 of the 741
Revised Code;
(11) The using, on the labeling of any drug or in any 743
advertisement relating to a drug, of any representation or 744
suggestion that any application with respect to the drug is 745
effective under section 3715.65 of the Revised Code or that the 747
drug complies with the provisions of that section; 748
(12) The using by any person to the person's own 750
advantage, or revealing, other than to the director of 751
agriculture or to the courts when relevant in any judicial 752
proceeding under sections 3715.52 to 3715.72 of the Revised Code, 753
any information acquired under authority of sections 3715.01 and 754
3715.52 to 3715.72 of the Revised Code, concerning any 755
16
information that as a trade secret is entitled to protection; 756
(13) The issuance by the manufacturer, packer, or 758
distributor of a dangerous drug of any advertisements, 759
catalogues, or price lists, except those lists specifically 760
designed for disseminating price change information, that do not 761
contain in clearly legible form the name and place of business of 762
the manufacturer who mixed the final ingredients and, if 763
different, the manufacturer who produced the drug in its finished 764
dosage form and, if different, the packer or distributor. 765
(B)(1) No person at a flea market shall sell, offer for 767
sale, or knowingly permit the sale of any of the following 768
products: 769
(a) Baby food, infant formula, or similar products; 772
(b) Any drug, cosmetic, or device; 774
(c) Any product on which is printed or stamped an 776
expiration date or a date recommended by the manufacturer as 777
either the last day on which the product should be offered for 778
sale or the last day on which the product should be used. 779
(2) Division (B)(1) of this section does not apply to a 782
person who keeps available for public inspection an 783
identification card identifying the person as an authorized 784
representative of the manufacturer or distributor of any drug, 785
cosmetic, or device, as long as the card is not false, 787
fraudulent, or fraudulently obtained.
(3) Division (B)(1)(c) of this section does not apply to a 790
person or governmental entity that is licensed as a RETAIL FOOD 791
ESTABLISHMENT OR food service operation under Chapter 3732 3717. 792
of the Revised Code or is listed in division (A)(B)(9) or (12) of 794
section 3732.01 3717.42 of the Revised Code. 795
(4) As used in division (B)(1) of this section, "flea 798
market" means any location, other than a permanent retail store,
at which space is rented or otherwise made available to others 799
for the conduct of business as transient or limited vendors as 800
defined in section 5739.17 of the Revised Code. 801
17
Sec. 3715.551. (A) AS USED IN THIS SECTION, "BOARD OF 803
HEALTH," "RETAIL FOOD ESTABLISHMENT," AND "FOOD SERVICE 804
OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 3717.01 OF THE 806
REVISED CODE.
(B) THE EMBARGOING OF A FOOD MAY BE PERFORMED BY A BOARD 810
OF HEALTH APPROVED UNDER SECTION 3717.11 OF THE REVISED CODE TO 811
SERVE AS THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS OR FOOD 813
SERVICE OPERATIONS, THE DIRECTOR OF HEALTH ACTING UNDER SECTION 814
3717.11 OF THE REVISED CODE AS THE LICENSOR OF FOOD SERVICE 815
OPERATIONS, OR A REPRESENTATIVE AUTHORIZED TO ACT ON BEHALF OF 816
THE BOARD OF HEALTH OR DIRECTOR OF HEALTH.
THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN ACCORDANCE 818
WITH CHAPTER 119. OF THE REVISED CODE SPECIFYING THE CONDITIONS 820
UNDER WHICH A FOOD MAY BE EMBARGOED UNDER THIS SECTION AND THE 821
PROCEDURES THAT MUST BE FOLLOWED WHEN THAT ACTION IS TAKEN. 823
Sec. 3715.99. (A) Whoever violates sections 3715.13 to 832
3715.19, or 3715.38 of the Revised Code is guilty of a minor 834
misdemeanor.
(B) Whoever violates section 3715.21 of the Revised Code 836
is guilty of a misdemeanor of the second degree on a first 838
offense and a misdemeanor of the first degree on each subsequent 839
offense.
(C) Whoever violates section 3715.22, 3715.25, 3715.27, or 842
3715.34 of the Revised Code is guilty of a misdemeanor of the 843
fourth degree.
(D)(C) Whoever violates section 3715.23 or 3715.36 of the 845
Revised Code is guilty of a misdemeanor of the second degree. 846
(E)(D) Whoever violates section 3715.52 or 3715.65 of the 848
Revised Code is guilty of a misdemeanor of the fourth degree on a 849
first offense; on each subsequent offense, the person is guilty 850
of a misdemeanor of the second degree. 851
(F)(E) Whoever violates section 3715.521 of the Revised 853
Code is guilty of a minor misdemeanor. A violation of that 855
section occurs on a daily basis, not according to the number of 856
18
times per day that an expired drug, baby food, or infant formula 857
is sold, offered for sale, or delivered at retail or to the 858
consumer. Each day of violation is a separate offense. 859
Sec. 3732.01 3717.01. As used in this chapter: 868
(A) "OHIO UNIFORM FOOD SAFETY CODE" MEANS THE FOOD SAFETY 870
AND RELATED STANDARDS ADOPTED UNDER SECTION 3717.05 OF THE 872
REVISED CODE.
(B) "FOOD" MEANS ANY RAW, COOKED, OR PROCESSED EDIBLE 874
SUBSTANCE USED OR INTENDED FOR USE IN WHOLE OR IN PART FOR HUMAN 875
CONSUMPTION. "FOOD" INCLUDES ICE, WATER OR ANY OTHER BEVERAGE, 877
FOOD INGREDIENTS, AND CHEWING GUM.
(C) "RETAIL FOOD ESTABLISHMENT" MEANS A PREMISES OR PART 879
OF A PREMISES WHERE FOOD, OVER-THE-COUNTER DRUGS, NUTRIENTS 880
DESIGNED FOR USE IN LIEU OF PHARMACEUTICALS, AND PRODUCTS 882
DESIGNED FOR USE AS DIETARY SUPPLEMENTS ARE STORED, PROCESSED, 883
PREPARED, MANUFACTURED, OR OTHERWISE HELD OR HANDLED FOR RETAIL 884
SALE. EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "RETAIL FOOD 885
ESTABLISHMENT" INCLUDES A SEASONAL RETAIL FOOD ESTABLISHMENT AND 886
TEMPORARY RETAIL FOOD ESTABLISHMENT.
AS USED IN THIS DIVISION: 888
(1) "RETAIL" MEANS THE SALE OF FOOD TO A PERSON WHO IS THE 891
ULTIMATE CONSUMER.
(2) "PREPARED" MEANS ANY ACTION THAT AFFECTS A FOOD, 893
INCLUDING RECEIVING AND MAINTAINING IT AT THE TEMPERATURE AT 895
WHICH IT WAS RECEIVED.
(D) "SEASONAL RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL 897
FOOD ESTABLISHMENT THAT IS OPERATED FOR NOT MORE THAN SIX MONTHS 898
IN A LICENSING PERIOD. 899
(E) "TEMPORARY RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL 901
FOOD ESTABLISHMENT THAT IS OPERATED AT AN EVENT FOR NOT MORE THAN 903
FIVE CONSECUTIVE DAYS, EXCEPT WHEN OPERATED FOR MORE THAN FIVE 904
CONSECUTIVE DAYS PURSUANT TO DIVISION (E)(2) OF SECTION 3717.23 905
OF THE REVISED CODE.
(F) "Food service operation" means a place, location, 907
19
site, or separate area where food intended to be served in 908
individual portions is prepared or served for a charge or 909
required donation, including mobile food service operations, 910
catering food service operations, temporary food service 911
operations, seasonal food service operations, vending machine 912
locations, and food delivery sales operations. As used in this 914
division, "served" means a response made to an order for one or 915
more individual portions of food in a form that is edible without 916
washing, cooking, or additional preparation and "prepared" means 917
any action that affects a food other than receiving or 918
maintaining it at the temperature at which it was received.
"Food service operation" does not include any of the 920
following:
(1) A private home in which individuals related by blood, 922
marriage, or law reside and in which the food that is prepared or 923
served is intended only for those individuals and their nonpaying 924
guests; 925
(2) A residential facility that accommodates not more than 927
sixteen residents; is licensed, certified, registered, or 928
otherwise regulated by the federal government or by the state or 929
a political subdivision of the state; and prepares food for or 930
serves food to only the residents of the facility, the staff of 931
the facility, and any nonpaying guests of residents or staff; 932
(3) Churches, schools, fraternal or veterans' 934
organizations, volunteer fire organizations, or volunteer 935
emergency medical service organizations preparing or serving food 936
intended for individual portion service on their premises for not 937
more than seven consecutive days or not more than fifty-two 939
separate days during a licensing period; 940
(4) Common carriers regulated by the federal government; 942
(5) Food manufacturing or food processing operations 944
regulated by the federal government or a state agency, as defined 945
in section 1.60 of the Revised Code, other than the department of 946
health; 947
20
(6) Operations other than mobile food service operations 949
serving only frozen desserts; beverages, nuts, popcorn, candy, or 950
similar confections; bakery products identified in section 911.01 951
of the Revised Code; or any combination of these items; 952
(7) Operations serving five or fewer individuals daily; 954
(8) Type A and type B family day-care homes, as defined in 956
section 5104.01 of the Revised Code; 957
(9) Vending machine locations where the only vending 959
machines are machines that dispense foods exclusively from one or 960
both of the following categories: 961
(a) Prepackaged foods that are not potentially hazardous 963
as defined in rules adopted by the public health council under 964
section 3732.02 of the Revised Code; 965
(b) Nuts, panned or wrapped bulk chewing gum, or panned or 967
wrapped bulk candies. 968
(10) Places servicing vending machines at vending machine 970
locations described in division (A)(9) of this section; 971
(11) Commissaries servicing vending machines dispensing 973
only milk, milk products, or frozen desserts that are under a 974
state or federal inspection and analysis program; 975
(12) Controlled location vending machine locations. As 977
used in this division, "controlled location vending machine 978
location" means a vending machine location at which all of the 979
following apply: 980
(a) The vending machines dispense only foods that are not 982
potentially hazardous as defined in rules adopted by the public 983
health council under section 3732.02 of the Revised Code; 984
(b) The machines are designed to be filled and maintained 986
in a sanitary manner by untrained persons; 987
(c) Minimal protection is necessary to ensure against 989
contamination of food and equipment. 990
(B) EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "FOOD 992
SERVICE OPERATION" INCLUDES A CATERING FOOD SERVICE OPERATION, 993
FOOD DELIVERY SALES OPERATION, MOBILE FOOD SERVICE OPERATION, 994
21
SEASONAL FOOD SERVICE OPERATION, TEMPORARY FOOD SERVICE 995
OPERATION, AND VENDING MACHINE LOCATION.
(G) "Catering food service operation" means a food service 997
operation where food is prepared for serving at a function or 998
event held at an off-premises site, for a charge determined on a 999
per-function or per-event basis. 1,000
(C) "Food" means any raw, cooked, or processed edible 1,002
substance, ice, water, beverage, or ingredient used or intended 1,003
for use in whole or in part for human consumption. 1,004
(D)(H) "Food delivery sales operation" means a food 1,006
service operation from which individual portions of food are 1,007
ordered by a customer, prepared at another food service 1,008
operation, and delivered to the customer by a person other than 1,009
an employee of the food service operation that prepared the food. 1,010
(E) "Frozen desserts" has the same meaning as in section 1,012
917.01 of the Revised Code. 1,013
(F) "Government entity" means the state, a political 1,015
subdivision of the state, another state, or a political 1,016
subdivision or other local body of another state. 1,017
(G) "Licensee" means the person or government entity 1,019
holding a license to operate a food service operation. 1,020
(H) "Licensing period" means the period beginning the 1,022
first day of March and ending the last day of February of the 1,023
next succeeding year. 1,024
(I) "Licensor" means either of the following: 1,026
(1) The board of health of a city or general health 1,028
district, or the authority having the duties of a board of health 1,029
under section 3709.05 of the Revised Code, approved by the 1,030
director of health under section 3732.09 of the Revised Code; 1,031
(2) The director of health acting pursuant to section 1,033
3732.09 of the Revised Code. 1,034
(J)(I) "Mobile food service operation" means a food 1,036
service operation that is operated from a movable vehicle, 1,037
portable structure, or watercraft; AND THAT routinely changes 1,038
22
location; and does not remain, EXCEPT THAT IF THE OPERATION 1,040
REMAINS at any one location for more than forty consecutive days, 1,041
THE OPERATION IS NO LONGER A MOBILE FOOD SERVICE OPERATION, BUT 1,042
IS EITHER A DIFFERENT TYPE FOOD SERVICE OPERATION OR A RETAIL 1,043
FOOD ESTABLISHMENT ACCORDING TO THE ACTIVITIES BEING ENGAGED IN 1,044
AND THE TYPE OF FOOD BEING OFFERED FOR SALE. "MOBILE FOOD
SERVICE OPERATION" INCLUDES AN OPERATION THAT DOES NOT REMAIN AT 1,045
ANY ONE LOCATION FOR MORE THAN FORTY CONSECUTIVE DAYS AND SERVES 1,046
ONLY FROZEN DESSERTS; BEVERAGES, NUTS, POPCORN, CANDY, OR SIMILAR 1,047
CONFECTIONS; BAKERY PRODUCTS IDENTIFIED IN SECTION 911.01 OF THE 1,048
REVISED CODE; OR ANY COMBINATION OF THOSE ITEMS.
(K)(J) "Seasonal food service operation" means a food 1,050
service operation, other than a mobile food service operation, 1,051
that is operated for not more than eight SIX months in each A 1,053
licensing period. 1,054
(L)(K) "Temporary food service operation" means a food 1,056
service operation that is operated at a single AN event for not 1,057
more than five consecutive days, except when operated for more 1,059
than five CONSECUTIVE days pursuant to division (E)(2) of section 1,060
3732.03 3717.43 of the Revised Code. 1,063
(M) "Vending machine" means a self-service device that, 1,065
upon insertion of currency, tokens, or similar means, 1,066
automatically dispenses a predetermined unit serving of food 1,067
either in bulk or in package and does not require replenishing 1,068
after each use. 1,069
(N)(L) "Vending machine location" means an area or room 1,071
where one or more vending machines are installed and operated, 1,072
except that if the machines within an area are separated by more 1,073
than one hundred fifty feet, each area separated by that distance 1,074
constitutes a separate vending machine location. AS USED IN THIS 1,075
DIVISION, "VENDING MACHINE" MEANS A SELF-SERVICE DEVICE THAT 1,076
AUTOMATICALLY DISPENSES ON THE INSERTION OF CURRENCY, TOKENS, OR 1,077
SIMILAR MEANS A PREDETERMINED UNIT SERVING OF FOOD, EITHER IN 1,078
BULK OR IN PACKAGE, WITHOUT HAVING TO BE REPLENISHED AFTER EACH 1,079
23
USE.
(M) "BOARD OF HEALTH" MEANS A BOARD OF HEALTH OF A CITY OR 1,081
GENERAL HEALTH DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF A 1,082
BOARD OF HEALTH UNDER SECTION 3709.05 OF THE REVISED CODE. 1,083
(N) "GOVERNMENT ENTITY" MEANS THIS STATE, A POLITICAL 1,085
SUBDIVISION OF THIS STATE, ANOTHER STATE, OR A POLITICAL 1,086
SUBDIVISION OR OTHER LOCAL GOVERNMENT BODY OF ANOTHER STATE. 1,087
(O) "LICENSOR" MEANS ONE OF THE FOLLOWING: 1,089
(1) A BOARD OF HEALTH APPROVED UNDER SECTION 3717.11 OF 1,091
THE REVISED CODE;
(2) THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO SECTION 1,093
3717.11 OF THE REVISED CODE WITH RESPECT TO THE LICENSING OF 1,094
RETAIL FOOD ESTABLISHMENTS;
(3) THE DIRECTOR OF HEALTH ACTING PURSUANT TO SECTION 1,096
3717.11 OF THE REVISED CODE WITH RESPECT TO THE LICENSING OF FOOD 1,097
SERVICES OPERATIONS.
(P) "LICENSING PERIOD" MEANS THE FIRST DAY OF MARCH TO THE 1,100
LAST DAY OF FEBRUARY OF THE NEXT SUCCEEDING YEAR.
Sec. 3717.02. (A) THERE IS HEREBY CREATED THE RETAIL FOOD 1,103
SAFETY ADVISORY COUNCIL. THE COUNCIL SHALL CONSIST OF THE
DIRECTOR OF AGRICULTURE OR A PERSON THE DIRECTOR DESIGNATES TO 1,104
SERVE ON THE DIRECTOR'S BEHALF, THE DIRECTOR OF HEALTH OR A 1,106
PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF,
AND TWELVE ADDITIONAL MEMBERS APPOINTED JOINTLY BY THE DIRECTOR 1,108
OF AGRICULTURE AND THE DIRECTOR OF HEALTH, AS FOLLOWS: 1,109
(1) THREE PERSONS REPRESENTING THE INTERESTS OF RETAIL 1,111
FOOD ESTABLISHMENTS; 1,112
(2) THREE PERSONS REPRESENTING THE INTERESTS OF FOOD 1,114
SERVICE OPERATIONS; 1,115
(3) FOUR PERSONS REPRESENTING BOARDS OF HEALTH OR THE 1,117
HEALTH DEPARTMENTS OPERATED BY BOARDS OF HEALTH; 1,118
(4) ONE PERSON REPRESENTING THE ACADEMIC COMMUNITY WHO IS 1,120
KNOWLEDGEABLE IN FOOD SCIENCE OR FOOD TECHNOLOGY; 1,121
(5) ONE PERSON REPRESENTING THE GENERAL PUBLIC WHO IS NOT 1,123
24
EMPLOYED BY THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS AND 1,124
HAS NO PECUNIARY INTEREST IN A RETAIL FOOD ESTABLISHMENT OR FOOD 1,125
SERVICE OPERATION. 1,126
(B) IN MAKING APPOINTMENTS TO THE COUNCIL, THE DIRECTOR OF 1,129
AGRICULTURE AND DIRECTOR OF HEALTH SHALL JOINTLY CONSULT WITH
STATEWIDE TRADE AND PROFESSIONAL ORGANIZATIONS THAT REPRESENT THE 1,131
INTERESTS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,132
OPERATIONS. THE ORGANIZATIONS MAY NOMINATE PERSONS TO BE 1,133
CONSIDERED FOR APPOINTMENT AS COUNCIL MEMBERS. 1,134
(C) OF THE INITIAL APPOINTMENTS MADE TO THE COUNCIL, FIVE 1,136
SHALL BE FOR TERMS ENDING THREE YEARS AFTER APPOINTMENT, FOUR 1,137
SHALL BE FOR TERMS ENDING TWO YEARS AFTER APPOINTMENT, AND THREE 1,138
SHALL BE FOR TERMS ENDING ONE YEAR AFTER APPOINTMENT. 1,139
THEREAFTER, TERMS OF OFFICE SHALL BE THREE YEARS. EACH MEMBER 1,140
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 1,141
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE 1,142
REAPPOINTED.
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 1,144
ORIGINAL APPOINTMENTS. A MEMBER APPOINTED TO FILL A VACANCY 1,145
OCCURRING BEFORE THE EXPIRATION DATE OF THE TERM FOR WHICH THE 1,146
MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS A MEMBER 1,147
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN 1,148
OFFICE AFTER THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE 1,149
MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS 1,150
HAS ELAPSED, WHICHEVER OCCURS FIRST. 1,151
(D) A MEMBER MAY BE REMOVED FROM OFFICE FOR FAILING TO 1,153
ATTEND TWO CONSECUTIVE COUNCIL MEETINGS WITHOUT SHOWING GOOD 1,154
CAUSE FOR THE ABSENCES. REMOVAL FROM OFFICE REQUIRES JOINT 1,155
ACTION BY THE DIRECTOR OF AGRICULTURE AND DIRECTOR OF HEALTH. 1,156
(E) THE DIRECTOR OF AGRICULTURE OR THE PERSON THE DIRECTOR 1,158
DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF AND DIRECTOR OF 1,159
HEALTH OR THE PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE 1,160
DIRECTOR'S BEHALF SHALL SERVE AS THE COUNCIL'S CO-CHAIRPERSONS 1,161
WITHOUT VOTING RIGHTS. A TWO-THIRDS MAJORITY VOTE OF THE 1,162
25
COUNCIL'S VOTING MEMBERS IS NECESSARY FOR THE COUNCIL TO ACT ON 1,163
ANY MATTER.
(F) MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY 1,165
EXPENSES INCURRED IN PERFORMING DUTIES AS MEMBERS. THE EXPENSES 1,166
SHALL BE SHARED EQUALLY BY THE DEPARTMENT OF AGRICULTURE AND THE 1,167
DEPARTMENT OF HEALTH. BOTH DEPARTMENTS SHALL PROVIDE 1,168
ADMINISTRATIVE SUPPORT TO THE COUNCIL.
(G) THE RETAIL FOOD SAFETY ADVISORY COUNCIL IS NOT SUBJECT 1,170
TO SECTION 101.84 OF THE REVISED CODE. 1,171
Sec. 3717.03. (A) THE RETAIL FOOD SAFETY ADVISORY COUNCIL 1,173
SHALL MEET AS NECESSARY TO FULFILL ITS DUTIES, WHICH INCLUDE ALL 1,174
THE FOLLOWING: 1,175
(1) MAKING RECOMMENDATIONS FOR THE OHIO UNIFORM FOOD 1,177
SAFETY CODE;
(2) EXAMINING SPECIFIC FOOD SAFETY ISSUES RAISED BY THE 1,179
DIRECTOR OF AGRICULTURE OR DIRECTOR OF HEALTH AND MAKING 1,180
RECOMMENDATIONS REGARDING THOSE ISSUES; 1,181
(3) MEDIATING UNRESOLVED ISSUES AMONG STATE AGENCIES ABOUT 1,183
THE INTERPRETATION OF RULES ADOPTED UNDER THIS CHAPTER AND MAKING 1,185
RECOMMENDATIONS REGARDING THE ISSUES;
(4) MAKING RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE 1,187
AND DIRECTOR OF HEALTH FOR IMPROVING THE FOOD SAFETY AWARENESS OF 1,189
CONSUMERS AND THEIR CONFIDENCE IN THE STATE'S FOOD SUPPLY. 1,190
(B) THE COUNCIL SHALL HOLD A MEETING AT THE REQUEST OF THE 1,193
DIRECTOR OF AGRICULTURE, AT THE REQUEST OF THE DIRECTOR OF
HEALTH, OR ON WRITTEN REQUEST OF THREE OR MORE VOTING MEMBERS OF 1,195
THE COUNCIL.
Sec. 3717.04. THE DIRECTOR OF AGRICULTURE, THE PUBLIC 1,197
HEALTH COUNCIL, AND THE DIRECTOR OF HEALTH HAVE THE EXCLUSIVE 1,199
POWER IN THIS STATE TO ADOPT RULES REGARDING RETAIL FOOD 1,200
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS. THE RULES ADOPTED 1,201
UNDER THIS CHAPTER SHALL BE APPLIED UNIFORMLY THROUGHOUT THIS 1,202
STATE.
ALL RULES ADOPTED UNDER THIS CHAPTER SHALL BE ADOPTED IN 1,204
26
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. SUBJECT TO THE 1,206
APPROVAL OF THE JOINT COMMITTEE ON AGENCY RULE REVIEW, PORTIONS 1,207
OF THE RULES MAY BE ADOPTED BY REFERENCING ALL OR ANY PART OF ANY 1,208
FEDERAL REGULATIONS PERTAINING TO FOOD SAFETY.
Sec. 3717.05. (A) THE DIRECTOR OF AGRICULTURE AND THE 1,211
PUBLIC HEALTH COUNCIL SHALL ADOPT RULES ESTABLISHING STANDARDS 1,212
FOR SAFE FOOD HANDLING AND SANITATION IN RETAIL FOOD 1,213
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS. THE RULES SHALL BE 1,214
COMPILED AS THE OHIO UNIFORM FOOD SAFETY CODE, WHICH SHALL BE 1,216
USED BY THE LICENSORS OF RETAIL FOOD ESTABLISHMENTS AND FOOD
SERVICES OPERATIONS IN ENSURING THE SAFE HANDLING OF FOOD IN THIS 1,217
STATE. ALL SCIENTIFIC PROVISIONS OF THE OHIO UNIFORM FOOD SAFETY 1,219
CODE THAT ARE RELEVANT TO BOTH RETAIL FOOD ESTABLISHMENTS AND
FOOD SERVICE OPERATIONS SHALL BE ADOPTED BY THE DIRECTOR OF 1,220
AGRICULTURE AND THE PUBLIC HEALTH COUNCIL WITH EACH OTHER'S 1,221
CONCURRENCE.
THE OHIO UNIFORM FOOD SAFETY CODE SHALL INCLUDE THE 1,224
FOLLOWING:
(1) CRITERIA FOR SANITATION IN RETAIL FOOD ESTABLISHMENTS 1,226
AND FOOD SERVICE OPERATIONS; 1,227
(2) CRITERIA FOR EQUIPMENT IN RETAIL FOOD ESTABLISHMENTS 1,229
AND FOOD SERVICE OPERATIONS; 1,230
(3) CRITERIA FOR REVIEWING THE FACILITY LAYOUT AND 1,232
EQUIPMENT SPECIFICATIONS OF RETAIL FOOD ESTABLISHMENTS AND FOOD 1,234
SERVICE OPERATIONS;
(4) A DEFINITION OF "POTENTIALLY HAZARDOUS" AS IT PERTAINS 1,237
TO FOOD IN RETAIL FOOD ESTABLISHMENTS AND TO FOOD IN FOOD SERVICE 1,238
OPERATIONS;
(5) CRITERIA TO BE USED IN EVALUATING THE PRIMARY BUSINESS 1,241
OF A PERSON OR GOVERNMENT ENTITY FOR PURPOSES OF DETERMINING 1,242
WHETHER THE PERSON OR ENTITY SHOULD BE LICENSED AS A RETAIL FOOD 1,243
ESTABLISHMENT OR FOOD SERVICE OPERATION.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 1,246
SECTION, IF A MODEL FOOD CODE IS ESTABLISHED BY THE UNITED STATES 1,247
27
FOOD AND DRUG ADMINISTRATION, THE OHIO UNIFORM FOOD SAFETY CODE 1,249
SHALL BE BASED ON THE MOST CURRENT VERSION OF THE FOOD AND DRUG 1,251
ADMINISTRATION'S MODEL FOOD CODE. IF THE FOOD AND DRUG 1,252
ADMINISTRATION ADOPTS, MODIFIES, OR RESCINDS A PROVISION IN THE 1,253
MODEL FOOD CODE, NOT LATER THAN NINE MONTHS AFTER THE 1,254
ADMINISTRATION'S ACTION, THE DIRECTOR OF AGRICULTURE AND PUBLIC 1,255
HEALTH COUNCIL SHALL ADOPT, AMEND, OR RESCIND PROVISIONS IN THE 1,256
OHIO UNIFORM FOOD SAFETY CODE TO ENSURE THAT IT CONTINUES TO
CONFORM WITH THE MODEL FOOD CODE. 1,258
(2) THE OHIO UNIFORM FOOD SAFETY CODE MAY CONTAIN OR OMIT 1,260
PROVISIONS THAT DO NOT CORRESPOND TO THE FOOD AND DRUG 1,263
ADMINISTRATION'S MODEL FOOD CODE IF THE DIRECTOR OF AGRICULTURE 1,265
OR THE PUBLIC HEALTH COUNCIL, WITH EACH OTHER'S CONCURRENCE,
DETERMINES EITHER OF THE FOLLOWING: 1,267
(a) THAT RULES CAN BE ADOPTED UNDER THIS CHAPTER THAT 1,269
PROVIDE PROTECTION AT LEAST AS EFFECTIVE AS THAT WHICH WOULD BE 1,270
PROVIDED BY BASING THE RULES ON THE MODEL FOOD CODE; 1,272
(b) THAT LOCAL CONDITIONS WARRANT THE ADOPTION OF 1,274
STANDARDS THAT ARE DIFFERENT FROM THE MODEL FOOD CODE. 1,275
Sec. 3717.06. THE DIRECTOR OF AGRICULTURE SHALL CREATE 1,277
WITHIN THE DEPARTMENT OF AGRICULTURE A POSITION TO BE FILLED BY 1,278
AN INDIVIDUAL KNOWLEDGEABLE IN FOOD SAFETY AND THE EPIDEMIOLOGY 1,279
OF FOODBORNE ILLNESS. THE DIRECTOR OF HEALTH SHALL CREATE WITHIN 1,281
THE DEPARTMENT OF HEALTH A POSITION TO BE FILLED BY AN INDIVIDUAL
KNOWLEDGEABLE IN FOOD SAFETY RULES CONCERNING FOOD SERVICE 1,282
OPERATIONS AND THE EPIDEMIOLOGY OF FOODBORNE ILLNESS. THE 1,283
INDIVIDUALS APPOINTED TO THESE POSITIONS SHALL SERVE AS LIAISONS 1,284
BETWEEN THE DEPARTMENTS. THEY SHALL ALSO SERVE AS THE 1,286
DEPARTMENTS' LIAISONS WITH OTHER STATE AGENCIES, BOARDS OF 1,287
HEALTH, REPRESENTATIVES OF RETAIL AND OTHER FOOD ESTABLISHMENTS, 1,288
REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND THE FEDERAL 1,290
GOVERNMENT.
Sec. 3717.07. FOR PURPOSES OF ESTABLISHING A LICENSING FEE 1,292
UNDER SECTIONS 3717.25 AND 3717.45 OF THE REVISED CODE, THE 1,293
28
DIRECTOR OF AGRICULTURE AND THE PUBLIC HEALTH COUNCIL SHALL ADOPT 1,295
RULES ESTABLISHING UNIFORM METHODOLOGIES FOR USE IN CALCULATING 1,297
THE COSTS OF LICENSING RETAIL FOOD ESTABLISHMENTS IN THE
CATEGORIES SPECIFIED BY THE DIRECTOR AND THE COSTS OF LICENSING 1,299
FOOD SERVICE OPERATIONS IN THE CATEGORIES SPECIFIED BY THE 1,300
COUNCIL. IN ADOPTING THE RULES, THE DIRECTOR OF AGRICULTURE AND 1,301
THE PUBLIC HEALTH COUNCIL SHALL CONSIDER ANY RECOMMENDATIONS 1,302
RECEIVED FROM ADVISORY BOARDS OR OTHER ENTITIES REPRESENTING THE 1,303
INTERESTS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,304
OPERATIONS.
WITH REGARD TO ANY FEES CHARGED FOR LICENSING VENDING 1,306
MACHINE LOCATIONS, THE RULES SHALL PROHIBIT A LICENSOR FROM 1,307
INCREASING FEES BY A PERCENTAGE OF INCREASE OVER THE PREVIOUS 1,308
YEAR'S FEE THAT EXCEEDS THE PERCENTAGE OF INCREASE IN THE 1,309
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (UNITED STATES CITY 1,310
AVERAGE, ALL ITEMS), PREPARED BY THE UNITED STATES DEPARTMENT OF 1,311
LABOR, BUREAU OF LABOR STATISTICS, FOR THE IMMEDIATELY PRECEDING 1,313
CALENDAR YEAR.
Sec. 3717.08 (A) THE DIRECTOR OF AGRICULTURE AND DIRECTOR 1,315
OF HEALTH SHALL STRIVE TO INCREASE CONSUMER CONFIDENCE IN THE 1,316
STATE'S FOOD SUPPLY BY PROMOTING FOOD SAFETY AWARENESS AND 1,318
EDUCATION. THE EFFORTS OF THE DIRECTOR OF AGRICULTURE AND 1,319
DIRECTOR OF HEALTH SHALL BE MADE, WHEN APPROPRIATE AND AVAILABLE, 1,320
THROUGH PARTNERSHIPS WITH REPRESENTATIVES OF RETAIL FOOD 1,321
ESTABLISHMENTS, REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND 1,322
REPRESENTATIVES OF THE ACADEMIC COMMUNITY, INCLUDING THE OHIO 1,323
STATE UNIVERSITY EXTENSION SERVICE. 1,324
(B) AS PART OF THEIR PROMOTION OF FOOD SAFETY AWARENESS, 1,326
THE DIRECTOR OF AGRICULTURE AND THE DIRECTOR OF HEALTH SHALL DO 1,327
THE FOLLOWING:
(1) DEVELOP TRAINING PROGRAMS REGARDING THE OHIO UNIFORM 1,329
FOOD SAFETY CODE. THE DIRECTORS MAY OFFER THE TRAINING PROGRAMS 1,331
SEPARATELY BUT SHALL COORDINATE THE CONTENT OF THE PROGRAMS TO 1,333
THE GREATEST EXTENT PRACTICABLE. THE TRAINING PROGRAMS SHALL BE 1,334
29
MADE AVAILABLE TO THE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE, 1,335
EMPLOYEES OF THE DEPARTMENT OF HEALTH, REPRESENTATIVES OF BOARDS 1,336
OF HEALTH AND THE HEALTH OFFICIALS EMPLOYED BY THE BOARDS, 1,337
REPRESENTATIVES OF RETAIL FOOD ESTABLISHMENTS, AND 1,338
REPRESENTATIVES OF FOOD SERVICE OPERATIONS. 1,339
(2) CO-SPONSOR A BIENNIAL STATEWIDE FOOD SAFETY 1,341
CONFERENCE. ADDITIONAL STATEWIDE FOOD SAFETY CONFERENCES MAY BE 1,342
HELD AS CONSIDERED APPROPRIATE BY THE DIRECTOR OF AGRICULTURE AND 1,343
DIRECTOR OF HEALTH. 1,344
Sec. 3732.14 3717.09. In accordance with rules adopted by 1,353
the public health council under section 3732.02 3717.51 of the 1,355
Revised Code, the director of health shall approve courses of 1,357
study for certification in food protection AS IT PERTAINS TO 1,358
RETAIL FOOD ESTABLISHMENTS AND AS IT PERTAINS TO FOOD SERVICE 1,359
OPERATIONS. The director shall certify individuals in food 1,362
protection who successfully complete a course of study approved 1,363
under this section and meet all other certification requirements 1,364
specified in rules adopted by the public health council under 1,365
section 3732.02 3717.51 of the Revised Code. 1,366
Sec. 3732.09 3717.11. (A) The director of health shall 1,375
survey the EACH board of health of each city or general health 1,377
district, or the authority having the duties of a board of health 1,378
under section 3709.05 of the Revised Code, that licenses or 1,379
proposes to license food service operations SHALL BE SURVEYED for 1,380
the purpose of determining whether the board or authority is 1,382
qualified AND HAS THE CAPACITY to administer and enforce this 1,385
chapter and the rules adopted under it AND TO ABIDE BY THE OHIO 1,386
UNIFORM FOOD SAFETY CODE. Each IF THE BOARD LICENSES OR PROPOSES 1,387
TO LICENSE RETAIL FOOD ESTABLISHMENTS, THE SURVEY SHALL BE 1,388
CONDUCTED BY THE DIRECTOR OF AGRICULTURE. IF THE BOARD LICENSES 1,389
OR PROPOSES TO LICENSE FOOD SERVICE OPERATIONS, THE SURVEY SHALL 1,390
BE CONDUCTED BY THE DIRECTOR OF HEALTH. 1,391
EACH board or authority shall be surveyed BY EACH DIRECTOR 1,394
at least once every three years. Surveys shall be conducted in 1,397
30
accordance with rules adopted by the director under section 1,399
3732.13 SECTIONS 3717.33 AND 3717.52 of the Revised Code, AS 1,401
APPLICABLE. THE DIRECTORS SHALL SCHEDULE AND CONDUCT THEIR 1,402
SURVEYS IN A MANNER THAT MINIMIZES, TO THE EXTENT PRACTICABLE, 1,403
INTRUSION ON AND INCONVENIENCE TO THE BOARD.
If the director determines A SURVEY DEMONSTRATES that the 1,405
board or authority is qualified AND HAS THE REQUISITE CAPACITY, 1,408
the director CONDUCTING THE SURVEY shall approve it THE BOARD as 1,409
the licensor OF RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE 1,411
OPERATIONS, WHICHEVER IS BEING CONSIDERED, for the district it 1,414
THE BOARD serves. If the director determines A SURVEY 1,415
DEMONSTRATES that a board or authority is not qualified OR DOES 1,416
NOT HAVE THE REQUISITE CAPACITY, the director CONDUCTING THE 1,418
SURVEY shall not approve it THE BOARD as a licensor, or shall 1,420
revoke the DIRECTOR'S approval, whichever is appropriate. If the 1,422
THE BOARD MAY APPEAL THE DECISION TO DENY OR REVOKE APPROVAL TO 1,423
THE DIRECTOR TAKING THE ACTION. THE APPEAL SHALL BE CONDUCTED IN 1,424
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3717.33 OR 3717.52 OF
THE REVISED CODE, AS APPLICABLE. 1,425
IF approval is not granted DENIED or is revoked, the 1,429
director TAKING THE ACTION SHALL DESIGNATE AN ALTERNATIVE 1,431
LICENSOR FOR THE DISTRICT. THE ALTERNATIVE LICENSOR SHALL BE A 1,432
BOARD OF HEALTH THAT IS QUALIFIED AND HAS THE REQUISITE CAPACITY 1,434
TO SERVE AS ALTERNATIVE LICENSOR, EXCEPT THAT IF A QUALIFIED AND 1,435
CAPABLE BOARD IS NOT AVAILABLE FROM A HEALTH DISTRICT WITHIN 1,436
REASONABLE PROXIMITY, THE DIRECTOR THAT DENIED OR REVOKED THE 1,437
BOARD'S APPROVAL shall act as the ALTERNATIVE licensor for the 1,438
district or designate an alternative licensor to act as the 1,439
licensor for the district.
(B) When the director revokes the approval of a board or 1,441
authority IS REVOKED, all valid food service operation licenses 1,443
issued by that board or authority FOR RETAIL FOOD ESTABLISHMENTS 1,445
OR FOOD SERVICE OPERATIONS, WHICHEVER HAVE BEEN AFFECTED, shall 1,447
be treated as though issued by the director or the alternative 1,448
31
licensor, whichever is acting as the licensor for the district, 1,449
and. THE LICENSES shall remain valid until scheduled to expire 1,451
unless earlier suspended or revoked by the director or
alternative licensor under section 3732.11 of the Revised Code. 1,452
(C) All fees charged under section 3732.04 3717.25 OR 1,454
3717.45 of the Revised Code that have not been expended by a 1,456
board or authority that has had its approval revoked shall be 1,457
transferred to the alternative licensor or to the director, 1,458
whichever is appropriate. An A BOARD OF HEALTH ACTING AS 1,460
alternative licensor shall deposit the fees into a special fund 1,461
it establishes for receipt of funds pertaining to the district 1,462
for which it is acting as licensor. IF THE DIRECTOR OF 1,464
AGRICULTURE IS ACTING AS LICENSOR, THE DIRECTOR SHALL DEPOSIT THE 1,465
FEES IN THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE 1,466
REVISED CODE. If the director OF HEALTH is acting as licensor, 1,469
the DIRECTOR SHALL DEPOSIT THE fees shall be deposited in the 1,470
general operations fund created in section 3701.82 3701.83 of the 1,471
Revised Code. All fees charged in the district by the 1,473
alternative licensor or director shall be deposited in the same 1,474
manner. Moneys deposited under this division shall be used 1,475
solely for the administration and enforcement of this chapter and 1,476
the rules adopted under it in the district for which the 1,477
alternative licensor or the director is acting as licensor. 1,479
(D)(1) A board or authority that has had its approval TO 1,481
ACT AS A LICENSOR revoked may submit a request to the director 1,483
WHO REVOKED THE APPROVAL to be reinstated as a licensor. The 1,485
request shall be in writing and shall specify the corrective 1,486
measures the board or authority has taken and a proposed plan of 1,487
action to remedy any remaining causes of the revocation. The 1,488
director may reinstate the board or authority as a licensor if 1,489
all of the following occur:
(a) The board or authority pays or arranges to pay the 1,491
alternative licensor or director, as applicable, for costs 1,492
incurred in acting as licensor for the district and in 1,493
32
transferring responsibility for the district to the board or 1,494
authority, if those costs exceed the moneys available under 1,495
division (C) of this section for the district; 1,496
(b) The board or authority corrects all causes of the 1,498
revocation; 1,499
(c) The alternative licensor or director, as applicable, 1,501
consents to the reinstatement. 1,502
(2) The reinstatement of a board or authority as a 1,504
licensor shall be conducted in accordance with procedures 1,505
established in rules adopted UNDER THIS CHAPTER by the director 1,506
under section 3732.13 of the Revised Code WHO REVOKED THE 1,509
APPROVAL.
Sec. 3732.06 3717.12. If all or part of the territory 1,518
within a health district becomes subject to the jurisdiction of a 1,520
different board of health of a city or general health district or 1,521
authority having the duties of a board of health under section 1,522
3709.05 of the Revised Code, all valid RETAIL FOOD ESTABLISHMENT 1,523
OR food service operation licenses issued by the original board 1,525
or authority OF HEALTH shall be treated as though issued by the 1,527
board or authority OF HEALTH with jurisdiction over the territory 1,529
and shall remain valid until scheduled to expire unless earlier 1,530
suspended or revoked by the board or authority under section 1,531
3732.11 of the Revised Code THIS CHAPTER. 1,533
Sec. 3732.10 3717.13. A licensor may employ or enter into 1,542
contracts with qualified persons and government entities to 1,543
conduct inspections and to assist the licensor by performing 1,544
routine services in the administration and enforcement of this 1,545
chapter and the rules adopted under it. 1,546
Sec. 3717.21. EXCEPT AS PROVIDED IN SECTION 3717.22 OF THE 1,548
REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL OPERATE A 1,550
RETAIL FOOD ESTABLISHMENT WITHOUT A LICENSE. A SEPARATE LICENSE 1,551
IS REQUIRED FOR EACH RETAIL FOOD ESTABLISHMENT THAT A PERSON OR 1,552
GOVERNMENT ENTITY OPERATES.
NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH 1,554
33
ANY OTHER REQUIREMENT OF THIS CHAPTER APPLICABLE TO RETAIL FOOD 1,556
ESTABLISHMENTS.
Sec. 3717.22. (A) THE FOLLOWING ARE NOT RETAIL FOOD 1,558
ESTABLISHMENTS: 1,559
(1) A FOOD SERVICE OPERATION LICENSED UNDER THIS CHAPTER, 1,562
INCLUDING A FOOD SERVICE OPERATION THAT PROVIDES THE SERVICES OF 1,563
A RETAIL FOOD ESTABLISHMENT PURSUANT TO AN ENDORSEMENT ISSUED 1,564
UNDER SECTION 3717.44 OF THE REVISED CODE; 1,565
(2) AN ENTITY EXEMPT UNDER DIVISIONS (B)(1) TO (9), (11), 1,566
OR (12) OF SECTION 3717.42 OF THE REVISED CODE FROM THE 1,567
REQUIREMENT TO BE LICENSED AS A FOOD SERVICE OPERATION AND AN 1,568
ENTITY EXEMPT UNDER DIVISION (B)(10) OF THAT SECTION IF THE 1,569
ENTITY IS REGULATED BY THE DEPARTMENT OF AGRICULTURE AS A 1,570
WHOLESALE FOOD ESTABLISHMENT UNDER SECTION 3715.021 OF THE 1,571
REVISED CODE;
(3) A BUSINESS REGULATED BY THE FEDERAL GOVERNMENT OR THE 1,573
DEPARTMENT OF AGRICULTURE AS A FOOD MANUFACTURING OR FOOD 1,574
PROCESSING OPERATION, INCLUDING AN OPERATION REGULATED BY THE 1,575
DEPARTMENT OF AGRICULTURE UNDER CHAPTER 911., 915., OR 925. OF 1,576
THE REVISED CODE.
(B) ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT 1,578
TO BE LICENSED AS A RETAIL FOOD ESTABLISHMENT: 1,579
(1) AN OPERATION WITH COMMERCIALLY PREPACKAGED FOODS THAT 1,582
ARE NOT POTENTIALLY HAZARDOUS AND CONTAINED IN DISPLAYS OF LESS 1,583
THAN TEN CUBIC FEET;
(2) A STORAGE FACILITY OF LESS THAN FIVE HUNDRED SQUARE 1,586
FEET CONTAINING PREPACKAGED FOODS THAT ARE NOT POTENTIALLY 1,587
HAZARDOUS;
(3) A ROADSIDE MARKET THAT OFFERS ONLY FRESH FRUITS AND 1,590
FRESH VEGETABLES THAT ARE UNPROCESSED;
(4) A NONPROFIT ORGANIZATION EXEMPT FROM FEDERAL INCOME 1,592
TAXATION UNDER SECTION 501(c)(3) OF THE "INTERNAL REVENUE CODE OF 1,594
1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, THAT RAISES 1,595
FUNDS BY SELLING DISPLAYED FOODS, IF THE FOODS ARE NOT 1,596
34
POTENTIALLY HAZARDOUS AND THE DISPLAY IS MADE FOR NOT MORE THAN 1,597
SEVEN CONSECUTIVE DAYS OR MORE THAN FIFTY-TWO SEPARATE DAYS 1,598
DURING A LICENSING PERIOD.
Sec. 3717.23. (A) EACH PERSON OR GOVERNMENT ENTITY 1,601
SEEKING A RETAIL FOOD ESTABLISHMENT LICENSE OR THE RENEWAL OF A 1,602
LICENSE SHALL APPLY TO THE APPROPRIATE LICENSOR ON A FORM 1,603
PROVIDED BY THE LICENSOR. A LICENSOR SHALL USE A FORM PRESCRIBED 1,604
AND FURNISHED TO THE LICENSOR BY THE DIRECTOR OF AGRICULTURE OR A 1,605
FORM PRESCRIBED BY THE LICENSOR THAT HAS BEEN APPROVED BY THE 1,606
DIRECTOR. THE APPLICANT SHALL INCLUDE WITH THE APPLICATION ALL 1,607
INFORMATION NECESSARY FOR THE LICENSOR TO PROCESS THE 1,608
APPLICATION, AS REQUESTED BY THE LICENSOR. 1,609
AN APPLICATION FOR A RETAIL FOOD ESTABLISHMENT LICENSE 1,611
SHALL BE SUBMITTED TO THE LICENSOR FOR THE HEALTH DISTRICT IN 1,613
WHICH THE RETAIL FOOD ESTABLISHMENT IS LOCATED. 1,614
(B) THE LICENSOR SHALL REVIEW ALL APPLICATIONS RECEIVED. 1,617
THE LICENSOR SHALL ISSUE A LICENSE FOR A NEW RETAIL FOOD 1,618
ESTABLISHMENT WHEN THE APPLICANT SUBMITS A COMPLETE APPLICATION 1,619
AND THE LICENSOR DETERMINES THAT THE APPLICANT MEETS ALL OTHER 1,620
REQUIREMENTS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT FOR 1,622
RECEIVING THE LICENSE. THE LICENSOR SHALL ISSUE A RENEWED
LICENSE ON RECEIPT OF A COMPLETE RENEWAL APPLICATION. 1,624
THE LICENSOR SHALL ISSUE LICENSES FOR RETAIL FOOD 1,626
ESTABLISHMENTS ON FORMS PRESCRIBED AND FURNISHED BY THE DIRECTOR 1,627
OF AGRICULTURE.
(C)(1) A RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES AT THE 1,629
END OF THE LICENSING PERIOD FOR WHICH THE LICENSE IS ISSUED, 1,631
EXCEPT AS FOLLOWS:
(a) A LICENSE ISSUED TO A NEW RETAIL FOOD ESTABLISHMENT 1,634
AFTER THE FIRST DAY OF DECEMBER DOES NOT EXPIRE UNTIL THE END OF 1,635
THE LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE. 1,636
(b) A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES 1,638
AT THE END OF THE PERIOD FOR WHICH IT IS ISSUED. 1,639
(2) ALL RETAIL FOOD ESTABLISHMENT LICENSES REMAIN VALID 1,642
35
UNTIL SCHEDULED TO EXPIRE UNLESS EARLIER SUSPENDED OR REVOKED 1,644
UNDER SECTION 3717.29 OR 3717.30 OF THE REVISED CODE. 1,645
(D) A RETAIL FOOD ESTABLISHMENT LICENSE MAY BE RENEWED, 1,647
EXCEPT THAT A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE IS NOT 1,648
RENEWABLE. A PERSON OR GOVERNMENT ENTITY SEEKING LICENSE RENEWAL 1,649
SHALL SUBMIT AN APPLICATION FOR RENEWAL TO THE LICENSOR NOT LATER 1,650
THAN THE FIRST DAY OF MARCH, EXCEPT IN THE CASE OF A SEASONAL 1,651
RETAIL FOOD ESTABLISHMENT, WHEN THE RENEWAL APPLICATION SHALL BE 1,652
SUBMITTED BEFORE COMMENCING OPERATION IN A NEW LICENSING PERIOD. 1,653
A LICENSOR MAY RENEW A LICENSE PRIOR TO THE FIRST DAY OF MARCH, 1,655
BUT NOT BEFORE THE FIRST DAY OF FEBRUARY IMMEDIATELY PRECEDING 1,657
THE LICENSING PERIOD FOR WHICH THE LICENSE IS BEING RENEWED. 1,658
IF A PERSON OR GOVERNMENT ENTITY DOES NOT FILE A RENEWAL 1,660
APPLICATION WITH THE LICENSOR POSTMARKED ON OR BEFORE THE FIRST 1,661
DAY OF MARCH OR, IN THE CASE OF A SEASONAL RETAIL FOOD 1,662
ESTABLISHMENT, THE FIRST DAY OF OPERATION IN A NEW LICENSING 1,663
PERIOD, THE LICENSOR SHALL ASSESS A PENALTY OF TWENTY-FIVE PER 1,664
CENT OF THE FEE CHARGED FOR RENEWING THE LICENSE, IF THE LICENSOR 1,665
CHARGES RENEWAL FEES. IF AN APPLICANT IS SUBJECT TO A PENALTY, 1,667
THE LICENSOR SHALL NOT RENEW THE LICENSE UNTIL THE APPLICANT PAYS 1,668
THE PENALTY.
(E)(1) A LICENSOR MAY ISSUE NOT MORE THAN TEN TEMPORARY 1,671
RETAIL FOOD ESTABLISHMENT LICENSES PER LICENSING PERIOD TO THE 1,672
SAME PERSON OR GOVERNMENT ENTITY TO OPERATE AT DIFFERENT EVENTS 1,673
WITHIN THE LICENSOR'S JURISDICTION. FOR EACH PARTICULAR EVENT, A 1,675
LICENSOR MAY ISSUE ONLY ONE TEMPORARY RETAIL FOOD ESTABLISHMENT 1,676
LICENSE TO THE SAME PERSON OR GOVERNMENT ENTITY. 1,677
(2) A LICENSOR MAY ISSUE A TEMPORARY RETAIL FOOD 1,678
ESTABLISHMENT LICENSE TO OPERATE FOR MORE THAN FIVE CONSECUTIVE 1,679
DAYS IF BOTH OF THE FOLLOWING APPLY: 1,680
(a) THE ESTABLISHMENT WILL BE OPERATED AT AN EVENT 1,681
ORGANIZED BY A COUNTY AGRICULTURAL SOCIETY OR INDEPENDENT 1,683
AGRICULTURAL SOCIETY ORGANIZED UNDER CHAPTER 1711. OF THE REVISED 1,684
CODE.
36
(b) THE PERSON WHO WILL RECEIVE THE LICENSE IS A RESIDENT 1,685
OF THE COUNTY OR ONE OF THE COUNTIES FOR WHICH THE AGRICULTURAL 1,687
SOCIETY WAS ORGANIZED. 1,688
(3) A PERSON MAY BE GRANTED ONLY ONE TEMPORARY RETAIL FOOD 1,689
ESTABLISHMENT LICENSE PER LICENSING PERIOD PURSUANT TO DIVISION 1,691
(E)(2) OF THIS SECTION.
(F) THE LICENSOR MAY PLACE RESTRICTIONS OR CONDITIONS ON A 1,693
RETAIL FOOD ESTABLISHMENT LICENSE, BASED ON THE EQUIPMENT OR 1,694
FACILITIES OF THE ESTABLISHMENT, LIMITING THE TYPES OF FOOD THAT 1,695
MAY BE STORED, PROCESSED, PREPARED, MANUFACTURED, OR OTHERWISE 1,696
HELD OR HANDLED FOR RETAIL SALE.
(G) THE PERSON OR GOVERNMENT ENTITY HOLDING A LICENSE FOR 1,698
A RETAIL FOOD ESTABLISHMENT SHALL DISPLAY THE LICENSE FOR THAT 1,700
RETAIL FOOD ESTABLISHMENT AT ALL TIMES AT THE LICENSED LOCATION. 1,701
(H) WITH THE ASSISTANCE OF THE DEPARTMENT OF AGRICULTURE, 1,704
THE LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE
PROCESS FOR LICENSING RETAIL FOOD ESTABLISHMENTS. 1,705
Sec. 3717.24. (A) THE PERSON OR GOVERNMENT ENTITY HOLDING 1,708
A LICENSE FOR A RETAIL FOOD ESTABLISHMENT MAY PROVIDE THE
SERVICES OF A FOOD SERVICE OPERATION WITHIN THE RETAIL FOOD 1,709
ESTABLISHMENT WITHOUT OBTAINING A FOOD SERVICE OPERATION LICENSE 1,710
IF THE PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF RETAIL 1,711
FOOD ESTABLISHMENTS AN ENDORSEMENT TO PROVIDE THE SERVICES OF A 1,712
FOOD SERVICE OPERATION.
(B) WHEN THE ACTIVITIES OF A RETAIL FOOD ESTABLISHMENT AND 1,715
A FOOD SERVICE OPERATION ARE CARRIED ON WITHIN THE SAME FACILITY 1,716
BY THE SAME PERSON OR GOVERNMENT ENTITY, THE DETERMINATION OF 1,717
WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A RETAIL FOOD 1,718
ESTABLISHMENT OR FOOD SERVICE OPERATION SHALL BE MADE ACCORDING
TO THE PRIMARY BUSINESS OF THE PERSON OR ENTITY. IF THE PRIMARY 1,720
BUSINESS IS THAT OF A RETAIL FOOD ESTABLISHMENT, THE PERSON OR 1,721
ENTITY SHALL BE LICENSED AS A RETAIL FOOD ESTABLISHMENT OPERATION 1,722
WITH AN ENDORSEMENT FROM THE LICENSOR ISSUED UNDER THIS SECTION 1,723
TO PROVIDE THE SERVICES OF A FOOD SERVICE OPERATION. IF THE 1,724
37
PRIMARY BUSINESS IS THAT OF A FOOD SERVICE OPERATION, THE PERSON 1,725
OR ENTITY SHALL BE LICENSED AS A FOOD SERVICE OPERATION AND IS 1,726
SUBJECT TO THE ENDORSEMENT PROVISIONS OF SECTION 3717.44 OF THE 1,727
REVISED CODE.
THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,730
OPERATIONS FOR THE AREA IN WHICH A FACILITY IS LOCATED SHALL MAKE 1,731
THE DETERMINATION OF WHETHER THE PRIMARY BUSINESS CARRIED ON 1,732
WITHIN A FACILITY IS THAT OF A RETAIL FOOD ESTABLISHMENT OR FOOD 1,733
SERVICE OPERATION. IF THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS 1,734
FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF FOOD SERVICE
OPERATIONS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH 1,735
LICENSORS. EACH DETERMINATION SHALL BE MADE ACCORDING TO 1,737
CRITERIA SPECIFIED IN THE OHIO UNIFORM FOOD SAFETY CODE.
(C) A REQUEST TO HAVE A RETAIL FOOD ESTABLISHMENT LICENSE 1,740
INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN APPLICATION FOR 1,741
ISSUANCE OR RENEWAL OF A RETAIL FOOD ESTABLISHMENT OR MAY BE 1,742
SUBMITTED SEPARATELY. PROCEDURES FOR MAKING SEPARATE REQUESTS 1,743
SHALL BE THE SAME AS THE LICENSE APPLICATION PROCEDURES 1,744
ESTABLISHED UNDER SECTION 3717.23 OF THE REVISED CODE. 1,745
AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME 1,747
MANNER AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION 1,748
3717.29 OR 3717.30 OF THE REVISED CODE. THE SUSPENSION OR 1,749
REVOCATION OF AN ENDORSEMENT DOES NOT AFFECT THE RETAIL FOOD 1,750
ESTABLISHMENT LICENSE THAT INCLUDES THE ENDORSEMENT. IF THE 1,751
RETAIL FOOD ESTABLISHMENT LICENSE IS SUSPENDED OR REVOKED, THE 1,752
ENDORSEMENT INCLUDED ON THE LICENSE IS ALSO SUSPENDED OR REVOKED. 1,754
(D) IF A FOOD SERVICE OPERATION IS OPERATED WITHIN A 1,757
RETAIL FOOD ESTABLISHMENT BY A PERSON OR GOVERNMENT ENTITY OTHER 1,758
THAN THE PERSON OR ENTITY HOLDING THE LICENSE TO OPERATE THE 1,759
RETAIL FOOD ESTABLISHMENT, THE FOOD SERVICE OPERATION MAY NOT BE 1,760
OPERATED UNDER AN ENDORSEMENT ISSUED UNDER THIS SECTION. THE
OPERATION SHALL BE LICENSED AS A SEPARATE FOOD SERVICE OPERATION. 1,762
Sec. 3717.25. (A) A LICENSOR MAY CHARGE FEES FOR ISSUING 1,765
AND RENEWING RETAIL FOOD ESTABLISHMENT LICENSES. ANY LICENSING 1,766
38
FEE CHARGED SHALL BE USED SOLELY FOR THE ADMINISTRATION AND 1,767
ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER AND THE RULES 1,770
ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.
ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL BE BASED 1,772
ON THE LICENSOR'S COSTS OF REGULATING RETAIL FOOD ESTABLISHMENTS, 1,773
AS DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES ESTABLISHED 1,774
UNDER SECTION 3717.07 OF THE REVISED CODE. IF THE LICENSOR IS A 1,775
BOARD OF HEALTH, A FEE MAY BE DISAPPROVED BY THE DISTRICT 1,777
ADVISORY COUNCIL IN THE CASE OF A GENERAL HEALTH DISTRICT OR THE 1,778
LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF A CITY HEALTH 1,779
DISTRICT. A DISAPPROVED FEE SHALL NOT BE CHARGED BY THE BOARD OF 1,780
HEALTH. 1,781
AT LEAST THIRTY DAYS PRIOR TO ESTABLISHING A LICENSING FEE, 1,784
THE LICENSOR SHALL HOLD A PUBLIC HEARING REGARDING THE PROPOSED 1,785
FEE. AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARING, THE 1,786
LICENSOR SHALL GIVE WRITTEN NOTICE OF THE HEARING TO EACH PERSON 1,787
OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD ESTABLISHMENT LICENSE 1,788
THAT MAY BE AFFECTED BY THE PROPOSED FEE. THE NOTICE SHALL BE 1,789
MAILED TO THE LAST KNOWN ADDRESS OF THE LICENSEE AND SHALL 1,790
SPECIFY THE DATE, TIME, AND PLACE OF THE HEARING AND THE AMOUNT 1,791
OF THE PROPOSED FEE. ON REQUEST, THE LICENSOR SHALL PROVIDE THE 1,792
COMPLETED UNIFORM METHODOLOGY USED IN THE CALCULATION OF THE 1,793
LICENSOR'S COSTS AND THE PROPOSED FEE. 1,794
(B) IN ADDITION TO LICENSING FEES, A LICENSOR MAY CHARGE 1,797
FEES FOR ANY OF THE FOLLOWING: 1,798
(1) REVIEW OF FACILITY LAYOUT AND EQUIPMENT SPECIFICATIONS 1,799
PERTAINING TO RETAIL FOOD ESTABLISHMENTS; 1,801
(2) ANY NECESSARY COLLECTION AND BACTERIOLOGICAL 1,803
EXAMINATION OF SAMPLES FROM RETAIL FOOD ESTABLISHMENTS OR SIMILAR 1,804
SERVICES SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY THE 1,805
DIRECTOR OF AGRICULTURE;
(3) ATTENDANCE AT A COURSE OF STUDY OFFERED BY THE 1,807
LICENSOR IN FOOD PROTECTION AS IT PERTAINS TO RETAIL FOOD 1,808
ESTABLISHMENTS, IF THE COURSE IS APPROVED UNDER SECTION 3717.09 1,809
39
OF THE REVISED CODE.
(C) THE DIRECTOR MAY DETERMINE BY RULE AN AMOUNT TO BE 1,812
COLLECTED FROM APPLICANTS FOR RETAIL FOOD ESTABLISHMENT LICENSES 1,813
FOR USE BY THE DIRECTOR IN ADMINISTERING AND ENFORCING THE 1,814
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 1,815
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. LICENSORS SHALL 1,816
COLLECT THE AMOUNT PRIOR TO ISSUING AN APPLICANT'S NEW OR RENEWED 1,817
LICENSE. IF A LICENSING FEE IS CHARGED UNDER THIS SECTION, THE 1,818
LICENSOR SHALL COLLECT THE AMOUNT AT THE SAME TIME THE FEE IS 1,819
COLLECTED. LICENSORS ARE NOT REQUIRED TO PROVIDE NOTICE OR HOLD 1,820
PUBLIC HEARINGS REGARDING AMOUNTS COLLECTED UNDER THIS DIVISION. 1,821
NOT LATER THAN SIXTY DAYS AFTER THE LAST DAY OF THE MONTH 1,823
IN WHICH A LICENSE IS ISSUED, THE LICENSOR SHALL CERTIFY THE 1,824
AMOUNT COLLECTED UNDER THIS DIVISION AND TRANSMIT THE AMOUNT TO 1,825
THE TREASURER OF STATE. ALL AMOUNTS RECEIVED SHALL BE DEPOSITED 1,826
INTO THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE 1,829
REVISED CODE. THE DIRECTOR SHALL USE THE AMOUNTS SOLELY FOR THE 1,830
ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER 1,831
AND THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 1,833
ESTABLISHMENTS.
WHEN ADOPTING RULES REGARDING THE AMOUNTS COLLECTED UNDER 1,835
THIS DIVISION, THE DIRECTOR SHALL MAKE AVAILABLE DURING THE RULE 1,836
MAKING PROCESS THE CURRENT AND PROJECTED EXPENSES OF 1,837
ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS CHAPTER AND 1,838
THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 1,840
ESTABLISHMENTS AND THE TOTAL OF ALL AMOUNTS THAT HAVE BEEN 1,841
DEPOSITED IN THE FOOD SAFETY FUND PURSUANT TO THIS DIVISION. 1,842
Sec. 3717.26. (A) A LICENSOR MAY TRANSFER A RETAIL FOOD 1,845
ESTABLISHMENT LICENSE UNDER EITHER OF THE FOLLOWING
CIRCUMSTANCES: 1,846
(1) THE SALE OR DISPOSITION OF THE RETAIL FOOD 1,848
ESTABLISHMENT; 1,849
(2) THE RELOCATION OF THE RETAIL FOOD ESTABLISHMENT. 1,852
(B) A PERSON OR GOVERNMENT ENTITY MAY REQUEST TO RECEIVE A 1,855
40
RETAIL FOOD ESTABLISHMENT LICENSE BY TRANSFER. A LICENSOR MAY 1,856
TRANSFER A LICENSE ONLY ON DETERMINING THAT THE PERSON OR 1,857
GOVERNMENT ENTITY REQUESTING THE TRANSFER IS IN COMPLIANCE WITH 1,858
THE PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 1,860
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. IN THE CASE OF THE 1,861
SALE OR DISPOSITION OF A RETAIL FOOD ESTABLISHMENT, THE LICENSOR 1,862
MAY TRANSFER A LICENSE ONLY IF THE LICENSEE CONSENTS TO THE 1,863
TRANSFER. A LICENSOR MAY NOT TRANSFER A LICENSE MORE THAN ONCE 1,865
IN A LICENSING PERIOD. A LICENSE FOR A TEMPORARY RETAIL FOOD 1,866
ESTABLISHMENT IS NOT TRANSFERABLE.
Sec. 3717.27. (A) ALL INSPECTIONS OF RETAIL FOOD 1,868
ESTABLISHMENTS CONDUCTED BY A LICENSOR UNDER THIS CHAPTER SHALL 1,869
BE CONDUCTED ACCORDING TO THE PROCEDURES AND SCHEDULE OF 1,870
FREQUENCY SPECIFIED IN RULES ADOPTED UNDER SECTION 3717.33 OF THE 1,871
REVISED CODE. AN INSPECTION MAY BE PERFORMED ONLY BY AN
INDIVIDUAL REGISTERED AS A SANITARIAN OR SANITARIAN-IN-TRAINING 1,873
UNDER CHAPTER 4736. OF THE REVISED CODE. EACH INSPECTION SHALL 1,875
BE RECORDED ON A FORM PRESCRIBED AND FURNISHED BY THE DIRECTOR OF 1,876
AGRICULTURE OR A FORM APPROVED BY THE DIRECTOR THAT HAS BEEN 1,877
PRESCRIBED BY A BOARD OF HEALTH ACTING AS LICENSOR. WITH THE 1,878
ASSISTANCE OF THE DIRECTOR, A BOARD ACTING AS LICENSOR, TO THE 1,879
EXTENT PRACTICABLE, SHALL COMPUTERIZE THE INSPECTION PROCESS AND 1,881
STANDARDIZE THE MANNER IN WHICH ITS INSPECTIONS ARE CONDUCTED. 1,883
(B) A PERSON OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD 1,885
ESTABLISHMENT LICENSE SHALL PERMIT THE LICENSOR TO INSPECT THE 1,887
RETAIL FOOD ESTABLISHMENT FOR PURPOSES OF DETERMINING COMPLIANCE 1,888
WITH THIS CHAPTER AND THE RULES ADOPTED UNDER IT OR INVESTIGATING 1,889
A COMPLAINT CONCERNING THE ESTABLISHMENT. ON REQUEST OF THE 1,890
LICENSOR, THE LICENSEE SHALL PERMIT THE LICENSOR TO EXAMINE THE 1,891
RECORDS OF THE RETAIL FOOD ESTABLISHMENT TO OBTAIN INFORMATION 1,892
ABOUT THE PURCHASE, RECEIPT, OR USE OF FOOD, SUPPLIES, AND 1,893
EQUIPMENT. 1,894
(C) AN INSPECTION MAY INCLUDE THE FOLLOWING: 1,897
(1) AN INVESTIGATION TO DETERMINE THE IDENTITY AND SOURCE 1,900
41
OF A PARTICULAR FOOD;
(2) REMOVAL FROM USE OF ANY EQUIPMENT, UTENSILS, HAND 1,902
TOOLS, OR PARTS OF FACILITIES FOUND TO BE MAINTAINED IN A 1,903
CONDITION THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC 1,904
HEALTH.
Sec. 3717.28. TRADE SECRETS AND OTHER FORMS OF INFORMATION 1,906
THAT UNDER THIS CHAPTER ARE REQUIRED TO BE FURNISHED TO OR ARE 1,907
PROCURED BY A LICENSOR OF RETAIL FOOD ESTABLISHMENTS SHALL BE FOR 1,908
THE EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE 1,909
DISCHARGE OF THE LICENSOR'S OFFICIAL DUTIES. THE INFORMATION 1,910
SHALL NOT BE OPEN TO THE PUBLIC OR USED IN ANY ACTION OR 1,911
PROCEEDING IN ANY COURT. IF THE LICENSOR IS A BOARD OF HEALTH, 1,912
THE BOARD MAY SHARE THE INFORMATION WITH THE DIRECTOR OF 1,913
AGRICULTURE AND DIRECTOR OF HEALTH IF THE LICENSOR IS THE
DIRECTOR OF AGRICULTURE, THE DIRECTOR MAY SHARE THE INFORMATION 1,914
WITH THE DIRECTOR OF HEALTH. 1,915
THE LICENSOR SHALL MAINTAIN THE CONFIDENTIALITY OF THE 1,917
INFORMATION, EXCEPT THAT THE INFORMATION MAY BE CONSOLIDATED IN 1,918
STATISTICAL TABLES AND PUBLISHED BY THE LICENSOR IN STATISTICAL 1,919
FORM FOR THE USE AND INFORMATION OF STATE AND LOCAL AGENCIES AND 1,920
THE PUBLIC, IF THE STATISTICS DO NOT DISCLOSE DETAILS ABOUT A 1,921
PARTICULAR PERSON OR GOVERNMENT ENTITY THAT PROVIDED INFORMATION 1,922
TO THE LICENSOR. AN INDIVIDUAL EMPLOYED BY THE LICENSOR OR 1,923
ASSISTING THE LICENSOR IN THE ADMINISTRATION OF THE RETAIL FOOD 1,924
ESTABLISHMENT LICENSING REQUIREMENTS OF THIS CHAPTER SHALL NOT 1,925
WILLFULLY DIVULGE ANY INFORMATION THAT IS CONFIDENTIAL UNDER THIS 1,926
SECTION TO ANY PERSON OR GOVERNMENT ENTITY OTHER THAN THE 1,927
LICENSOR OR THE INDIVIDUAL'S SUPERIOR. 1,928
Sec. 3717.29. (A) THIS SECTION APPLIES WHEN THE LICENSOR 1,930
OF RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH. 1,931
(B) A BOARD OF HEALTH MAY SUSPEND OR REVOKE A RETAIL FOOD 1,934
ESTABLISHMENT LICENSE ON DETERMINING THAT THE LICENSE HOLDER IS 1,935
IN VIOLATION OF ANY REQUIREMENT OF THIS CHAPTER OR THE RULES 1,936
ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS, 1,937
42
INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN 1,938
SANITARY CONDITIONS WITHIN THE ESTABLISHMENT.
(C)(1) EXCEPT IN THE CASE OF A VIOLATION THAT PRESENTS A 1,941
CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, BEFORE INITIATING 1,942
ACTION TO SUSPEND OR REVOKE A RETAIL FOOD ESTABLISHMENT LICENSE, 1,943
THE BOARD SHALL GIVE THE LICENSE HOLDER WRITTEN NOTICE SPECIFYING 1,945
EACH VIOLATION AND A REASONABLE TIME WITHIN WHICH THE LICENSE 1,946
HOLDER MUST CORRECT EACH VIOLATION TO AVOID SUSPENSION OR
REVOCATION OF THE LICENSE. THE BOARD MAY EXTEND THE TIME 1,948
SPECIFIED IN THE NOTICE FOR CORRECTING A VIOLATION IF THE LICENSE 1,949
HOLDER IS MAKING A GOOD FAITH EFFORT TO CORRECT IT. 1,950
IF THE LICENSE HOLDER FAILS TO CORRECT THE VIOLATION IN THE 1,952
TIME GRANTED BY THE BOARD, THE BOARD MAY INITIATE ACTION TO 1,953
SUSPEND OR REVOKE THE RETAIL FOOD ESTABLISHMENT LICENSE BY GIVING 1,955
THE LICENSE HOLDER WRITTEN NOTICE OF THE PROPOSED SUSPENSION OR 1,956
REVOCATION. THE BOARD SHALL INCLUDE IN THE NOTICE A DESCRIPTION 1,957
OF THE PROCEDURE FOR APPEALING THE PROPOSED SUSPENSION OR 1,958
REVOCATION. THE LICENSE HOLDER MAY APPEAL THE PROPOSED
SUSPENSION OR REVOCATION BY GIVING WRITTEN NOTICE TO THE BOARD. 1,960
THE LICENSE HOLDER SHALL SPECIFY IN THE NOTICE WHETHER A HEARING 1,961
IS REQUESTED. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH 1,962
DIVISION (C)(3) OF THIS SECTION. 1,963
A HEALTH COMMISSIONER OR OTHER PERSON EMPLOYED BY THE 1,965
BOARD, IF THE HEALTH COMMISSIONER OR PERSON IS AUTHORIZED BY THE 1,967
BOARD TO TAKE THE ACTION, MAY TAKE ANY ACTION THAT THE BOARD MAY 1,968
TAKE UNDER DIVISION (C)(1) OF THIS SECTION. 1,969
(2) IF A BOARD INITIATES ACTIONS TO REVOKE OR, EXCEPT IN 1,972
THE CASE OF A VIOLATION THAT PRESENTS A CLEAR AND PRESENT DANGER 1,973
TO THE PUBLIC HEALTH, TO SUSPEND A RETAIL FOOD ESTABLISHMENT 1,974
LICENSE, THE BOARD SHALL DETERMINE WHETHER TO REVOKE OR SUSPEND 1,975
THE LICENSE BY A MAJORITY VOTE OF THE BOARD MEMBERS WHO ARE 1,976
PRESENT AT A MEETING AT WHICH THERE IS A QUORUM. 1,977
IF THE BOARD DECIDES TO REVOKE OR SUSPEND THE LICENSE, THE 1,980
BOARD SHALL ISSUE A FORMAL WRITTEN ORDER REVOKING OR SUSPENDING 1,981
43
THE LICENSE.
(3) AN APPEAL MADE UNDER DIVISION (C)(1) OF THIS SECTION 1,983
SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN 1,985
RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 1,986
3717.33 OF THE REVISED CODE. IF A LICENSE HOLDER REQUESTS A 1,987
HEARING, THE BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER 1,989
UNDER DIVISION (C)(2) OF THIS SECTION BUT MAY HOLD THE HEARING AT 1,991
THE SAME MEETING AT WHICH ISSUANCE OF THE ORDER IS CONSIDERED. 1,992
(D)(1) ON DETERMINING THAT A LICENSE HOLDER IS IN 1,995
VIOLATION OF ANY REQUIREMENT OF THIS CHAPTER OR THE RULES ADOPTED 1,996
UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS AND THAT THE 1,997
VIOLATION PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC 1,998
HEALTH, THE BOARD MAY SUSPEND THE RETAIL FOOD ESTABLISHMENT 1,999
LICENSE WITHOUT GIVING WRITTEN NOTICE OR AFFORDING THE LICENSE 2,000
HOLDER THE OPPORTUNITY TO CORRECT THE VIOLATION. 2,001
A SUSPENSION UNDER DIVISION (D)(1) OF THIS SECTION TAKES 2,004
EFFECT IMMEDIATELY AND REMAINS IN EFFECT UNTIL THE BOARD RESCINDS 2,006
THE SUSPENSION.
AFTER SUSPENDING A LICENSE UNDER DIVISION (D)(1) OF THIS 2,009
SECTION, THE LICENSOR SHALL GIVE THE LICENSE HOLDER WRITTEN 2,010
NOTICE OF THE PROCEDURE FOR APPEALING THE SUSPENSION. THE 2,011
LICENSE HOLDER MAY APPEAL THE SUSPENSION BY GIVING WRITTEN NOTICE 2,013
TO THE BOARD AND SPECIFYING IN THE NOTICE WHETHER A HEARING IS 2,014
REQUESTED. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH
DIVISION (D)(2) OF THIS SECTION. 2,015
A HEALTH COMMISSIONER, IF AUTHORIZED BY THE BOARD TO TAKE 2,018
THE ACTION, MAY TAKE ANY ACTION THAT MAY BE TAKEN BY THE BOARD 2,019
UNDER DIVISION (D)(1) OF THIS SECTION. A HEALTH COMMISSIONER WHO 2,020
SUSPENDS A LICENSE UNDER THIS AUTHORITY, ON DETERMINING THAT 2,022
THERE IS NO LONGER A CLEAR AND PRESENT DANGER TO THE PUBLIC 2,023
HEALTH, MAY RESCIND THE SUSPENSION WITHOUT CONSULTING THE BOARD. 2,024
(2) IF THE LICENSE HOLDER APPEALS A SUSPENSION UNDER 2,026
DIVISION (D)(1) OF THIS SECTION, THE BOARD SHALL DETERMINE 2,028
WHETHER THE CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH 2,029
44
CONTINUES TO EXIST BY MAJORITY VOTE OF THE BOARD MEMBERS WHO ARE 2,031
PRESENT AT A MEETING AT WHICH THERE IS A QUORUM. 2,032
IF THE BOARD DETERMINES THAT THERE IS NO LONGER A CLEAR AND 2,035
PRESENT DANGER TO THE PUBLIC HEALTH, THE BOARD SHALL RESCIND THE 2,036
SUSPENSION. IF THE BOARD DETERMINES THAT THE CLEAR AND PRESENT 2,037
DANGER CONTINUES TO EXIST, THE BOARD SHALL ISSUE AN ORDER 2,038
CONTINUING THE SUSPENSION.
(3) AN APPEAL REQUESTED UNDER DIVISION (D)(1) OF THIS 2,041
SECTION SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES 2,042
ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER 2,043
SECTION 3717.33 OF THE REVISED CODE. IF THE LICENSE HOLDER 2,044
REQUESTS A HEARING, THE BOARD SHALL HOLD THE HEARING NOT LATER 2,046
THAN TWO BUSINESS DAYS AFTER THE BOARD RECEIVES THE REQUEST. THE 2,047
BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER UNDER 2,048
DIVISION (D)(2) OF THIS SECTION BUT MAY CONDUCT THE HEARING AT 2,049
THE SAME MEETING AT WHICH ISSUANCE OF THE ORDER IS CONSIDERED. 2,052
(E) A LICENSE HOLDER MAY APPEAL AN ORDER ISSUED UNDER 2,055
DIVISION (C) OR (D) OF THIS SECTION TO THE COMMON PLEAS COURT OF 2,057
THE COUNTY IN WHICH THE LICENSOR IS LOCATED.
Sec. 3717.30. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,066
OF RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE. 2,067
(B) THE DIRECTOR OF AGRICULTURE MAY SUSPEND OR REVOKE A 2,070
RETAIL FOOD ESTABLISHMENT LICENSE ON DETERMINING THAT A LICENSE 2,072
HOLDER IS IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER OR THE 2,074
RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD ESTABLISHMENTS,
INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN 2,075
SANITARY CONDITIONS WITHIN THE ESTABLISHMENT. EXCEPT AS PROVIDED 2,077
IN DIVISION (C)(9) OF THIS SECTION, THE SUSPENSION OR REVOCATION 2,079
OF A LICENSE IS NOT EFFECTIVE UNTIL THE LICENSE HOLDER IS GIVEN 2,080
WRITTEN NOTICE OF THE VIOLATION, A REASONABLE AMOUNT OF TIME TO 2,081
CORRECT THE VIOLATION, AND AN OPPORTUNITY FOR A HEARING. 2,082
(C) ALL ACTIONS AND PROCEEDINGS UNDERTAKEN PURSUANT TO 2,085
THIS SECTION SHALL COMPLY WITH CHAPTER 119. OF THE REVISED CODE, 2,088
EXCEPT AS FOLLOWS:
45
(1) THE LOCATION OF ANY ADJUDICATORY HEARING THAT THE 2,090
LICENSE HOLDER REQUESTS SHALL BE THE DIRECTOR'S OFFICES IN 2,091
LICKING COUNTY. 2,092
(2) THE DIRECTOR SHALL NOTIFY A LICENSE HOLDER BY 2,094
CERTIFIED MAIL OR PERSONAL DELIVERY THAT THE LICENSE HOLDER IS 2,095
CONDITIONALLY ENTITLED TO A HEARING. THE DIRECTOR SHALL SPECIFY 2,096
IN THE NOTICE THAT, IN ORDER TO OBTAIN A HEARING, THE LICENSE 2,097
HOLDER MUST REQUEST THE HEARING NOT LATER THAN TEN DAYS AFTER THE 2,098
DATE OF RECEIPT OF THE NOTICE. 2,099
(3) IF THE LICENSE HOLDER REQUESTS A HEARING, THE DATE SET 2,101
FOR THE HEARING SHALL BE NOT LATER THAN TEN DAYS AFTER THE DATE 2,102
ON WHICH THE DIRECTOR RECEIVES THE REQUEST, UNLESS THE DIRECTOR 2,103
AND THE LICENSE HOLDER AGREE OTHERWISE. 2,104
(4) THE DIRECTOR SHALL NOT POSTPONE OR CONTINUE AN 2,106
ADJUDICATION HEARING WITHOUT THE CONSENT OF THE LICENSE HOLDER. 2,107
IF THE LICENSE HOLDER REQUESTS A POSTPONEMENT OR CONTINUATION OF 2,108
AN ADJUDICATION HEARING, THE DIRECTOR SHALL NOT GRANT IT UNLESS 2,109
THE LICENSE HOLDER DEMONSTRATES THAT AN EXTREME HARDSHIP WILL BE 2,110
INCURRED IN HOLDING THE ADJUDICATION HEARING ON THAT HEARING 2,111
DATE. IF THE DIRECTOR GRANTS A POSTPONEMENT OR CONTINUATION ON 2,113
THE GROUNDS OF EXTREME HARDSHIP, THE RECORD SHALL DOCUMENT THE 2,114
NATURE AND CAUSE OF THE EXTREME HARDSHIP. 2,115
(5) IN LIEU OF HAVING A HEARING AND UPON THE LICENSE 2,117
HOLDER'S WRITTEN REQUEST TO THE DIRECTOR, THE LICENSE HOLDER MAY 2,118
SUBMIT TO THE DIRECTOR, NOT LATER THAN THE DATE OF THE HEARING 2,119
SET PURSUANT TO DIVISION (C)(3) OF THIS SECTION, DOCUMENTS, 2,121
PAPERS, AND OTHER WRITTEN EVIDENCE TO SUPPORT THE LICENSE 2,122
HOLDER'S CLAIM.
(6) IF THE DIRECTOR APPOINTS A REFEREE OR EXAMINER TO 2,124
CONDUCT THE HEARING, THE FOLLOWING APPLY: 2,125
(a) A COPY OF THE WRITTEN ADJUDICATION REPORT AND 2,127
RECOMMENDATIONS OF THE REFEREE OR EXAMINER SHALL BE SERVED BY 2,128
CERTIFIED MAIL UPON THE DIRECTOR AND THE LICENSE HOLDER NOT LATER 2,130
THAN THREE BUSINESS DAYS FOLLOWING THE CONCLUSION OF THE HEARING. 2,132
46
(b) NOT LATER THAN THREE BUSINESS DAYS AFTER RECEIPT OF 2,135
THE REPORT AND RECOMMENDATIONS, THE LICENSE HOLDER MAY FILE WITH 2,136
THE DIRECTOR WRITTEN OBJECTIONS TO THE REPORT AND
RECOMMENDATIONS. 2,137
(c) THE DIRECTOR SHALL CONSIDER THE OBJECTIONS SUBMITTED 2,140
BY THE LICENSE HOLDER BEFORE APPROVING, MODIFYING, OR
DISAPPROVING THE REPORT AND RECOMMENDATIONS. THE DIRECTOR SHALL 2,141
SERVE THE DIRECTOR'S ORDER UPON THE LICENSE HOLDER BY CERTIFIED 2,143
MAIL NOT LATER THAN SIX BUSINESS DAYS AFTER RECEIVING THE REPORT 2,144
AND RECOMMENDATIONS.
(7) IF THE DIRECTOR CONDUCTS THE HEARING, THE DIRECTOR 2,146
SHALL SERVE THE DIRECTOR'S DECISION BY CERTIFIED MAIL UPON THE 2,147
LICENSE HOLDER NOT LATER THAN THREE BUSINESS DAYS FOLLOWING THE 2,148
CLOSE OF THE HEARING. 2,149
(8) IF NO HEARING IS HELD, THE DIRECTOR SHALL ISSUE AN 2,151
ORDER BY CERTIFIED MAIL TO THE LICENSE HOLDER NOT LATER THAN 2,153
THREE BUSINESS DAYS FOLLOWING THE LAST DATE POSSIBLE FOR A 2,154
HEARING, BASED ON THE RECORD THAT IS AVAILABLE. 2,155
(9) IF THE DIRECTOR DETERMINES THAT AN EMERGENCY EXISTS 2,157
THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, 2,158
THE DIRECTOR MAY SUSPEND A LICENSE, EFFECTIVE WITHOUT A HEARING. 2,159
THEREAFTER, WITHOUT DELAY, THE DIRECTOR SHALL AFFORD THE LICENSE 2,160
HOLDER AN OPPORTUNITY FOR HEARING. ON DETERMINING THAT THERE IS 2,161
NO LONGER A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, THE 2,162
DIRECTOR MAY RESCIND THE SUSPENSION WITHOUT A HEARING. 2,163
Sec. 3717.31. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,165
OF RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH. 2,166
AS USED IN THIS SECTION, "PROSECUTOR" HAS THE SAME MEANING 2,169
AS IN SECTION 2935.01 OF THE REVISED CODE. 2,171
(B) AT THE REQUEST OF THE BOARD OF HEALTH, THE PROSECUTOR 2,174
WITH JURISDICTION IN THE AREA WHERE A PERSON ALLEGEDLY HAS 2,175
VIOLATED SECTION 3717.21 OF THE REVISED CODE SHALL COMMENCE A 2,177
CRIMINAL PROSECUTION AGAINST THE PERSON.
AT THE REQUEST OF A BOARD OF HEALTH, THE DIRECTOR OF 2,179
47
AGRICULTURE SHALL PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN THE 2,180
PROSECUTION OF A PERSON WHO IS NOT IN COMPLIANCE WITH THE 2,181
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 2,182
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. REQUESTS SHALL BE MADE 2,183
AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH RULES ADOPTED 2,184
BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 3717.33 OF THE
REVISED CODE.
(C) AT THE REQUEST OF THE BOARD OF HEALTH, THE PROSECUTOR 2,187
WITH JURISDICTION IN THE AREA WHERE A PERSON OR GOVERNMENT ENTITY 2,188
ALLEGEDLY HAS FAILED TO COMPLY WITH A REQUIREMENT OF THIS CHAPTER 2,190
OR THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD
ESTABLISHMENTS SHALL COMMENCE IN COMMON PLEAS COURT AN ACTION 2,192
REQUESTING THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER OR A 2,193
PRELIMINARY OR PERMANENT INJUNCTION OR A MANDAMUS ACTION 2,194
REGARDING THE ACT OF NONCOMPLIANCE. THE COURT MAY GRANT THE
APPROPRIATE RELIEF IF IT IS SHOWN THAT THE RESPONDENT FAILED TO 2,195
COMPLY WITH THE REQUIREMENT. 2,197
NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION 2,199
2705.05 OF THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND 2,202
TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH A 2,203
RESTRAINING ORDER, INJUNCTION, OR WRIT OF MANDAMUS ISSUED
PURSUANT TO THIS DIVISION SHALL BE FINED NOT MORE THAN ONE 2,204
THOUSAND DOLLARS FOR EACH OFFENSE. EACH DAY THE NONCOMPLIANCE 2,205
CONTINUES IS A SEPARATE OFFENSE. 2,206
(D) FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS 2,207
SECTION SHALL BE DEPOSITED IN AN APPROPRIATE FUND CREATED FOR THE 2,208
BOARD'S USE IN ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND 2,210
THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 2,211
ESTABLISHMENTS. THE REMAINING FIFTY PER CENT SHALL BE CREDITED 2,212
TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE 2,213
CASE IS PROSECUTED. 2,214
(E) THE REMEDIES AVAILABLE UNDER THIS SECTION ARE IN 2,217
ADDITION TO ANY OTHER REMEDIES AVAILABLE UNDER THE LAW. 2,218
Sec. 3717.32. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,227
48
OF RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE. 2,229
(B) IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW AND 2,231
IRRESPECTIVE OF WHETHER AN ADEQUATE REMEDY AT LAW EXISTS, THE 2,232
DIRECTOR OF AGRICULTURE MAY APPLY TO THE COURT OF COMMON PLEAS 2,233
FOR A TEMPORARY OR PERMANENT INJUNCTION OR OTHER APPROPRIATE 2,235
RELIEF CONCERNING THE VIOLATION OF A PROVISION OF THIS CHAPTER OR
THE RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD 2,236
ESTABLISHMENTS. APPLICATION SHALL BE MADE TO THE COURT IN THE 2,237
COUNTY IN WHICH THE VIOLATION OCCURS. 2,238
NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION 2,239
2705.05 OF THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND 2,240
TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH AN 2,242
INJUNCTION OR OTHER RELIEF ISSUED PURSUANT TO THIS DIVISION SHALL 2,244
BE FINED NOT MORE THAN ONE THOUSAND DOLLARS. EACH DAY THE
NONCOMPLIANCE CONTINUES IS A SEPARATE OFFENSE. 2,246
(C) FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS 2,247
SECTION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT 2,248
OF THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE REVISED 2,250
CODE. THE REMAINING FIFTY PER CENT SHALL BE CREDITED TO THE 2,252
GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE CASE IS 2,254
PROSECUTED.
Sec. 3717.33. PURSUANT TO SECTION 3717.04 OF THE REVISED 2,257
CODE, THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES REGARDING THE 2,258
FOLLOWING:
(A) LICENSING CATEGORIES FOR RETAIL FOOD ESTABLISHMENTS 2,261
AND LICENSING REQUIREMENTS FOR EACH CATEGORY, INCLUDING 2,262
APPROPRIATE PRACTICES FOR THE ACTIVITIES PERFORMED BY A RETAIL
FOOD ESTABLISHMENT; 2,263
(B) STANDARDS FOR COLLECTION OF FOOD SAMPLES FROM RETAIL 2,266
FOOD ESTABLISHMENTS FOR PURPOSES OF IDENTIFYING ADULTERATION AND
MISBRANDING; 2,267
(C) RECORDS TO BE GENERATED AND MAINTAINED BY LICENSED 2,270
RETAIL FOOD ESTABLISHMENTS;
(D) APPEALS OF PROPOSED SUSPENSIONS AND REVOCATIONS OF 2,273
49
RETAIL FOOD ESTABLISHMENT LICENSES AND APPEALS OF SUSPENSIONS OF 2,274
LICENSES ISSUED FOR VIOLATIONS PRESENTING A CLEAR AND PRESENT
DANGER TO THE PUBLIC HEALTH; 2,275
(E) STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF 2,277
FREQUENCY, FOR CONDUCTING INSPECTIONS OF RETAIL FOOD 2,279
ESTABLISHMENTS;
(F) STANDARDS AND PROCEDURES FOR DETERMINING DURING AN 2,281
INSPECTION WHETHER ARTICLES SHOULD BE REMOVED FROM USE BECAUSE OF 2,282
A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH; 2,283
(G) STANDARDS AND PROCEDURES FOR CONDUCTING INVESTIGATIONS 2,286
OF COMPLAINTS PERTAINING TO RETAIL FOOD ESTABLISHMENTS; 2,287
(H) SURVEYS CONDUCTED BY THE DIRECTOR TO DETERMINE WHETHER 2,291
BOARDS OF HEALTH ARE QUALIFIED AND HAVE THE CAPACITY TO
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER AND THE 2,292
RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS 2,293
AND TO ABIDE BY THE OHIO UNIFORM FOOD SAFETY CODE; 2,294
(I) REINSTATEMENT OF A BOARD OF HEALTH AS A LICENSOR AFTER 2,297
THE DIRECTOR HAS REVOKED THE APPROVAL OF THE BOARD; 2,298
(J) PROCEDURES FOR RESOLVING DISPUTES BETWEEN LICENSORS 2,301
AND THE HOLDERS OF LICENSES FOR RETAIL FOOD ESTABLISHMENTS; 2,302
(K) PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A 2,304
BOARD OF HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A 2,305
PERSON FOR A VIOLATION OF THE PROVISIONS OF THIS CHAPTER 2,306
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS;
(L) ANY OTHER MATTER THE DIRECTOR CONSIDERS RELEVANT TO 2,309
THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS
CHAPTER APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. 2,310
Sec. 3717.41. (A) EXCEPT AS PROVIDED IN SECTION 3717.42 2,312
OF THE REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL OPERATE 2,314
A FOOD SERVICE OPERATION WITHOUT A LICENSE. A SEPARATE LICENSE 2,315
IS REQUIRED FOR EACH FOOD SERVICE OPERATION A PERSON OR 2,316
GOVERNMENT ENTITY OPERATES.
NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH 2,318
ANY OTHER REQUIREMENT OF THIS CHAPTER APPLICABLE TO FOOD SERVICE 2,320
50
OPERATIONS.
Sec. 3717.42. (A) THE FOLLOWING ARE NOT FOOD SERVICE 2,322
OPERATIONS:
(1) A RETAIL FOOD ESTABLISHMENT LICENSED UNDER THIS 2,324
CHAPTER, INCLUDING A RETAIL FOOD ESTABLISHMENT THAT PROVIDES THE 2,325
SERVICES OF A FOOD SERVICE OPERATION PURSUANT TO AN ENDORSEMENT 2,326
ISSUED UNDER SECTION 3717.44 OF THE REVISED CODE; 2,327
(2) AN ENTITY EXEMPT FROM THE REQUIREMENT TO BE LICENSED 2,328
AS A RETAIL FOOD ESTABLISHMENT UNDER DIVISION (B) OF SECTION 2,329
3717.22 OF THE REVISED CODE; 2,330
(3) A BUSINESS REGULATED BY THE FEDERAL GOVERNMENT OR THE 2,331
DEPARTMENT OF AGRICULTURE AS A FOOD MANUFACTURING OR FOOD 2,332
PROCESSING OPERATION, INCLUDING AN OPERATION REGULATED BY THE 2,333
DEPARTMENT OF AGRICULTURE UNDER CHAPTER 911., 915., OR 925. OF 2,334
THE REVISED CODE. 2,335
(B) ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT 2,336
TO BE LICENSED AS A FOOD SERVICE OPERATION: 2,338
(1) A PRIVATE HOME IN WHICH INDIVIDUALS RELATED BY BLOOD, 2,339
MARRIAGE, OR LAW RESIDE AND IN WHICH THE FOOD THAT IS PREPARED OR 2,340
SERVED IS INTENDED ONLY FOR THOSE INDIVIDUALS AND THEIR NONPAYING 2,341
GUESTS; 2,342
(2) A PRIVATE HOME OPERATED AS A BED-AND-BREAKFAST THAT 2,344
PREPARES AND OFFERS FOOD TO GUESTS, IF THE HOME IS 2,345
OWNER-OCCUPIED, THE NUMBER OF AVAILABLE GUEST BEDROOMS DOES NOT 2,346
EXCEED SIX, BREAKFAST IS THE ONLY MEAL OFFERED, THE NUMBER OF 2,347
GUESTS SERVED DOES NOT EXCEED SIXTEEN, AND THE CONSUMER IS 2,348
INFORMED BY STATEMENTS CONTAINED IN PUBLISHED ADVERTISEMENTS, 2,349
MAILED BROCHURES, AND PLACARDS POSTED AT THE REGISTRATION AREA 2,350
THAT THE FOOD IS PREPARED IN A KITCHEN THAT IS NOT REGULATED AND 2,351
INSPECTED UNDER THIS CHAPTER;
(3) A STAND OPERATED ON THE PREMISES OF A PRIVATE HOME BY 2,352
ONE OR MORE CHILDREN UNDER THE AGE OF TWELVE, IF THE FOOD SERVED 2,353
IS NOT POTENTIALLY HAZARDOUS; 2,354
(4) A RESIDENTIAL FACILITY THAT ACCOMMODATES NOT MORE THAN 2,355
51
SIXTEEN RESIDENTS; IS LICENSED, CERTIFIED, REGISTERED, OR 2,356
OTHERWISE REGULATED BY THE FEDERAL GOVERNMENT OR BY THE STATE OR 2,357
A POLITICAL SUBDIVISION OF THE STATE; AND PREPARES FOOD FOR OR 2,358
SERVES FOOD TO ONLY THE RESIDENTS OF THE FACILITY, THE STAFF OF 2,359
THE FACILITY, AND ANY NONPAYING GUESTS OF RESIDENTS OR STAFF; 2,360
(5) A CHURCH, SCHOOL, FRATERNAL OR VETERANS' ORGANIZATION, 2,363
VOLUNTEER FIRE ORGANIZATION, OR VOLUNTEER EMERGENCY MEDICAL 2,364
SERVICE ORGANIZATION PREPARING OR SERVING FOOD INTENDED FOR 2,365
INDIVIDUAL PORTION SERVICE ON ITS PREMISES FOR NOT MORE THAN 2,366
SEVEN CONSECUTIVE DAYS OR NOT MORE THAN FIFTY-TWO SEPARATE DAYS 2,368
DURING A LICENSING PERIOD;
(6) A COMMON CARRIER THAT PREPARES OR SERVES FOOD, IF THE 2,370
CARRIER IS REGULATED BY THE FEDERAL GOVERNMENT; 2,371
(7) A FOOD SERVICE OPERATION SERVING FIVE OR FEWER 2,373
INDIVIDUALS DAILY;
(8) A TYPE A OR TYPE B FAMILY DAY-CARE HOME, AS DEFINED IN 2,376
SECTION 5104.01 OF THE REVISED CODE, THAT PREPARES OR SERVES FOOD 2,378
FOR THE CHILDREN RECEIVING DAY-CARE;
(9) A VENDING MACHINE LOCATION WHERE THE ONLY FOODS 2,381
DISPENSED ARE FOODS FROM ONE OR BOTH OF THE FOLLOWING CATEGORIES: 2,382
(a) PREPACKAGED FOODS THAT ARE NOT POTENTIALLY HAZARDOUS; 2,384
(b) NUTS, PANNED OR WRAPPED BULK CHEWING GUM, OR PANNED OR 2,386
WRAPPED BULK CANDIES. 2,387
(10) A PLACE SERVICING THE VENDING MACHINES AT A VENDING 2,389
MACHINE LOCATION DESCRIBED IN DIVISION (B)(9) OF THIS SECTION; 2,390
(11) A COMMISSARY SERVICING VENDING MACHINES THAT DISPENSE 2,392
ONLY MILK, MILK PRODUCTS, OR FROZEN DESSERTS THAT ARE UNDER A 2,393
STATE OR FEDERAL INSPECTION AND ANALYSIS PROGRAM; 2,394
(12) A "CONTROLLED LOCATION VENDING MACHINE LOCATION," 2,397
WHICH MEANS A VENDING MACHINE LOCATION AT WHICH ALL OF THE
FOLLOWING APPLY: 2,398
(a) THE VENDING MACHINES DISPENSE ONLY FOODS THAT ARE NOT 2,400
POTENTIALLY HAZARDOUS; 2,401
(b) THE MACHINES ARE DESIGNED TO BE FILLED AND MAINTAINED 2,403
52
IN A SANITARY MANNER BY UNTRAINED PERSONS; 2,404
(c) MINIMAL PROTECTION IS NECESSARY TO ENSURE AGAINST 2,406
CONTAMINATION OF FOOD AND EQUIPMENT. 2,407
Sec. 3732.03 3717.43. (A) No person or government entity 2,416
shall operate a food service operation without a license. A 2,418
separate license is required for each food service operation that 2,419
a person or government entity operates. 2,420
(B) Each person or government entity requesting a food 2,422
service operation license or the renewal of a license shall apply 2,423
to the appropriate licensor on a form provided by the licensor. 2,424
Licensors shall use a form prescribed and furnished to the 2,425
licensor by the director of health or a form prescribed by the 2,426
licensor that has been approved by the director. THE APPLICANT 2,427
SHALL INCLUDE WITH THE APPLICATION ALL INFORMATION NECESSARY FOR 2,428
THE LICENSOR TO PROCESS THE APPLICATION, AS REQUESTED BY THE 2,429
LICENSOR.
Applications for food service operation licenses other than 2,431
those for mobile and catering food service operation licenses 2,432
shall be submitted to the licensor for the health district in 2,433
which the food service operation is located. Applications for 2,434
mobile food service operation licenses shall be submitted to the 2,435
licensor for the health district in which the applicant's 2,436
business headquarters are located, or, if the headquarters are 2,437
located outside this state, to the licensor for the district 2,438
where the applicant will first operate in this state. 2,439
Applications for catering food service operation licenses shall 2,440
be submitted to the licensor for the district where the 2,441
applicant's base of operation is located. 2,442
(C) A (B) THE licensor shall review all applications 2,444
received. The licensor shall issue a license for a new food 2,445
service operation when the applicant submits a complete 2,446
application and the licensor determines that the applicant meets 2,447
all other requirements for receiving the license in accordance 2,448
with OF this chapter and the rules adopted under it FOR RECEIVING 2,450
53
THE LICENSE. The licensor shall issue a renewed license on 2,452
receipt of a complete renewal application.
Licenses THE LICENSOR shall be issued ISSUE LICENSES FOR 2,456
FOOD SERVICE OPERATIONS on forms prescribed and furnished by the 2,457
director of health. If the license is for a mobile food service 2,458
operation, the licensor shall post the operation's layout, 2,459
equipment, and menu on the back of the license.
A MOBILE OR CATERING FOOD SERVICE OPERATION LICENSE ISSUED 2,461
BY ONE LICENSOR SHALL BE RECOGNIZED BY ALL OTHER LICENSORS IN 2,462
THIS STATE.
(C)(1) A food service operation license other than a 2,464
temporary food service operation license expires at the end of 2,465
the licensing period for which the license is issued and may be 2,466
renewed. A, EXCEPT AS FOLLOWS: 2,467
(a) A LICENSE ISSUED TO A NEW FOOD SERVICE OPERATION AFTER 2,468
THE FIRST DAY OF DECEMBER SHALL NOT EXPIRE UNTIL THE END OF THE 2,470
LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE. 2,471
(b) A temporary food service operation license expires at 2,474
the end of the period for which it is issued and is not 2,476
renewable. All
(2) ALL food service operation licenses remain valid until 2,479
they are scheduled to expire unless earlier suspended or revoked 2,480
under section 3732.11 3717.49 of the Revised Code.
A mobile or catering food service operation license issued 2,482
by one licensor shall be recognized by all other licensors in 2,483
this state. 2,484
(D) A FOOD SERVICE OPERATION LICENSE MAY BE RENEWED, 2,486
EXCEPT THAT A TEMPORARY FOOD SERVICE OPERATION LICENSE IS NOT 2,487
RENEWABLE. Applications for renewal of food service operation 2,488
licenses other than those for mobile and seasonal food service 2,489
operation licenses shall be submitted to the licensor not later 2,490
than the first day of March. Renewal applications for mobile and 2,491
seasonal food service operation licenses shall be submitted prior 2,492
to commencing operation in a new licensing period. A licensor 2,493
54
may renew a license prior to the first day of March or the first 2,494
day of operation in a new licensing period, but not before the 2,495
first day of February immediately preceding the licensing period 2,496
for which the license is being renewed. 2,497
If a renewal application is not filed with the licensor or 2,499
postmarked on or before the first day of March or, in the case of 2,500
a mobile or seasonal food service operation, the first day of 2,501
operation in a new licensing period, the licensor shall assess a 2,502
penalty of twenty-five per cent of the fee charged for renewing 2,503
licenses, if the licensor charges renewal fees. If an applicant 2,504
is subject to a penalty, the licensor shall not renew the license 2,505
until the applicant pays the penalty. 2,506
(E)(1) Except as provided in division (E)(3) of this 2,508
section, there is no limit on the number of temporary food 2,509
service operation licenses a licensor may issue to a THE SAME 2,510
person or government entity to operate at different events WITHIN 2,512
THE LICENSOR'S JURISDICTION. For each particular event, a 2,514
licensor may issue only one TEMPORARY FOOD SERVICE OPERATION 2,515
license for TO the same operation PERSON OR GOVERNMENT ENTITY. 2,516
(2) A licensor may issue a temporary food service 2,518
operation license to operate for more than five CONSECUTIVE days 2,519
if both of the following apply: 2,520
(a) The operation will be operated at an event organized 2,522
by a county agricultural society or independent agricultural 2,523
society organized under Chapter 1711. of the Revised Code; 2,524
(b) The person who will receive the license is a resident 2,526
of the county or one of the counties for which the agricultural 2,527
society was organized. 2,528
(3) A person may be granted only one temporary food 2,530
service operation license per licensing period pursuant to 2,531
division (E)(2) of this section. 2,532
(F) The licensor may place restrictions or conditions on a 2,534
food service operation license limiting the types of food that 2,535
may be prepared or served by the licensee FOOD SERVICE OPERATION 2,536
55
based on the equipment or facilities of the food service 2,538
operation. Limitations pertaining to a mobile or catering food 2,539
service operation shall be posted on the back of the license. 2,540
(G) A licensee THE PERSON OR GOVERNMENT ENTITY HOLDING A 2,542
LICENSE FOR A FOOD SERVICE OPERATION shall display the license 2,543
for that food service operation at all times at the licensed 2,544
location. A licensee PERSON OR GOVERNMENT ENTITY holding a 2,545
catering food service operation license shall also maintain a 2,547
copy of the license at each catered event.
(H) WITH THE ASSISTANCE OF THE DEPARTMENT OF HEALTH, THE 2,549
LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE 2,550
PROCESS FOR LICENSING FOOD SERVICE OPERATIONS. 2,552
Sec. 3717.44. (A) THE PERSON OR GOVERNMENT ENTITY HOLDING 2,554
A LICENSE FOR A FOOD SERVICE OPERATION MAY PROVIDE THE SERVICES 2,555
OF A RETAIL FOOD ESTABLISHMENT WITHIN THE FOOD SERVICE OPERATION 2,556
WITHOUT OBTAINING A RETAIL FOOD ESTABLISHMENT LICENSE IF THE 2,557
PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF FOOD SERVICE 2,558
OPERATIONS AN ENDORSEMENT TO PROVIDE THE SERVICES OF A RETAIL 2,559
FOOD ESTABLISHMENT.
(B) WHEN THE ACTIVITIES OF A FOOD SERVICE OPERATION AND A 2,562
RETAIL FOOD ESTABLISHMENT ARE CARRIED ON WITHIN THE SAME FACILITY 2,563
BY THE SAME PERSON OR GOVERNMENT ENTITY, THE DETERMINATION OF 2,564
WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A FOOD SERVICE 2,565
OPERATION OR RETAIL FOOD ESTABLISHMENT SHALL BE MADE ACCORDING TO
THE PRIMARY BUSINESS OF THE PERSON OR ENTITY. IF THE PRIMARY 2,567
BUSINESS IS THAT OF A FOOD SERVICE OPERATION, THE PERSON OR 2,568
ENTITY SHALL BE LICENSED AS A FOOD SERVICE OPERATION WITH AN 2,569
ENDORSEMENT FROM THE LICENSOR ISSUED UNDER THIS SECTION TO 2,570
PROVIDE THE SERVICES OF A RETAIL FOOD ESTABLISHMENT. IF THE 2,571
PRIMARY BUSINESS IS THAT OF A RETAIL FOOD ESTABLISHMENT, THE 2,572
PERSON OR ENTITY SHALL BE LICENSED AS A RETAIL FOOD ESTABLISHMENT 2,573
AND IS SUBJECT TO THE ENDORSEMENT PROVISIONS OF SECTION 3717.24 2,574
OF THE REVISED CODE.
THE LICENSOR OF FOOD SERVICE OPERATIONS AND RETAIL FOOD 2,576
56
ESTABLISHMENTS FOR THE AREA IN WHICH A FACILITY IS LOCATED SHALL 2,577
MAKE THE DETERMINATION OF WHETHER THE PRIMARY BUSINESS CARRIED ON 2,579
WITHIN A FACILITY IS THAT OF A FOOD SERVICE OPERATION OR RETAIL 2,580
FOOD ESTABLISHMENT. IF THE LICENSOR OF FOOD SERVICE OPERATIONS 2,581
FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF RETAIL FOOD 2,582
ESTABLISHMENTS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH 2,583
LICENSORS. EACH DETERMINATION SHALL BE MADE ACCORDING TO 2,584
CRITERIA SPECIFIED IN THE OHIO UNIFORM FOOD SAFETY CODE. 2,585
(C) A REQUEST TO HAVE A FOOD SERVICE OPERATION LICENSE 2,588
INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN APPLICATION FOR 2,589
ISSUANCE OR RENEWAL OF A FOOD SERVICE OPERATION LICENSE OR MAY BE 2,590
SUBMITTED SEPARATELY. PROCEDURES FOR MAKING SEPARATE REQUESTS 2,591
SHALL BE THE SAME AS THE LICENSE APPLICATION PROCEDURES 2,592
ESTABLISHED UNDER SECTION 3717.43 OF THE REVISED CODE. 2,593
AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME 2,595
MANNER AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION 2,596
3717.48 OF THE REVISED CODE. THE SUSPENSION OR REVOCATION OF AN 2,598
ENDORSEMENT DOES NOT AFFECT THE FOOD SERVICE OPERATION LICENSE 2,599
THAT INCLUDES THE ENDORSEMENT. IF THE FOOD SERVICE OPERATION
LICENSE IS SUSPENDED OR REVOKED, THE ENDORSEMENT INCLUDED ON THE 2,600
LICENSE IS ALSO SUSPENDED OR REVOKED. 2,601
(D) IF A RETAIL FOOD ESTABLISHMENT IS OPERATED WITHIN A 2,604
FOOD SERVICE OPERATION BY A PERSON OR GOVERNMENT ENTITY OTHER 2,605
THAN THE PERSON OR ENTITY HOLDING THE LICENSE TO OPERATE THE FOOD 2,606
SERVICE OPERATION, THE RETAIL FOOD ESTABLISHMENT MAY NOT BE 2,607
OPERATED UNDER AN ENDORSEMENT. THE ESTABLISHMENT SHALL BE 2,609
LICENSED AS A SEPARATE RETAIL FOOD ESTABLISHMENT. 2,610
Sec. 3732.04 3717.45. (A) A licensor may charge fees for 2,619
issuing and renewing food service operation licenses. Any 2,621
licensing fee charged shall be established in accordance with 2,622
section 3709.09 of the Revised Code. The fees shall be used 2,623
solely for the administration and enforcement of THE PROVISIONS 2,624
OF this chapter and the rules adopted under it APPLICABLE TO FOOD 2,626
SERVICE OPERATIONS.
57
(B) At ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL 2,628
BE BASED ON THE LICENSOR'S COSTS OF LICENSING FOOD SERVICE 2,630
OPERATIONS, AS DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES 2,631
ESTABLISHED UNDER SECTION 3717.07 OF THE REVISED CODE. IF THE 2,632
LICENSOR IS A BOARD OF HEALTH, A FEE MAY BE DISAPPROVED BY THE 2,634
DISTRICT ADVISORY COUNCIL IN THE CASE OF A GENERAL HEALTH 2,635
DISTRICT OR THE LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF 2,636
A CITY HEALTH DISTRICT. A DISAPPROVED FEE SHALL NOT BE CHARGED 2,638
BY THE BOARD OF HEALTH.
AT least thirty days prior to establishing a licensing fee, 2,640
the licensor shall hold a public hearing regarding the proposed 2,641
fee. At least thirty days prior to the public hearing, the 2,642
licensor shall give written notice of the hearing to each
licensee PERSON OR GOVERNMENT ENTITY HOLDING A FOOD SERVICE 2,643
OPERATION LICENSE that may be affected by the proposed fee. The 2,644
notice shall be mailed to the last known address of the licensee 2,645
and shall specify the date, time, and place of the hearing and 2,646
the amount of the proposed fee. On request, the licensor shall 2,647
provide the completed uniform methodology used in the calculation 2,648
of the licensor's costs and the proposed fee. 2,649
(C)(B) In addition to licensing fees, a licensor may 2,651
charge fees for the following: 2,652
(1) Review of FACILITY LAYOUT AND EQUIPMENT SPECIFICATIONS 2,654
PERTAINING TO food service operation plans OPERATIONS, other than 2,656
plans pertaining to mobile and temporary food service operations, 2,658
or similar reviews conducted for vending machine locations; 2,659
(2) Any necessary collection and bacteriological 2,661
examination of water samples FROM FOOD SERVICE OPERATIONS, OR 2,662
SIMILAR SERVICES SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY 2,663
THE PUBLIC HEALTH COUNCIL; 2,664
(3) Any necessary collection and bacteriological 2,666
examination of frozen dessert samples taken from a frozen dessert 2,667
dispensing freezer; 2,668
(4) Attending ATTENDANCE AT a course of study in food 2,670
58
protection offered by the licensor IN FOOD PROTECTION AS IT 2,672
PERTAINS TO FOOD SERVICE OPERATIONS, if the course is approved 2,673
under section 3732.14 3717.09 of the Revised Code. 2,675
(D)(C) The public health council may determine by rule an 2,677
amount to be collected from applicants for food service operation 2,678
licenses for use by the director of health in administering and 2,679
enforcing THE PROVISIONS OF this chapter and the rules adopted 2,680
under it APPLICABLE TO FOOD SERVICE OPERATIONS. Licensors shall 2,682
collect the amount prior to issuing an applicant's new or renewed 2,683
license. If a licensing fee is charged under this section, the 2,684
licensor shall collect the amount at the same time the fee is 2,685
collected. Licensors are not required to provide notice or hold 2,686
public hearings regarding amounts collected under this division. 2,687
Not later than sixty days after the last day of the month 2,689
in which a license is issued, the licensor shall certify the 2,690
amount collected under this division and transmit the amount to 2,691
the treasurer of state. All amounts received shall be deposited 2,692
into the general operations fund created in section 3701.82 2,693
3701.83 of the Revised Code and shall be used by the. THE 2,695
director SHALL USE THE AMOUNTS solely for the administration and 2,697
enforcement of THE PROVISIONS OF this chapter and the rules 2,698
adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS. 2,699
The director may submit recommendations to the public 2,701
health council regarding the amounts collected under this 2,702
division. When making recommendations, the director shall submit 2,703
a report stating the current and projected expenses of 2,704
administering and enforcing THE PROVISIONS OF this chapter and 2,705
the rules adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS 2,707
and the total of all amounts that have been deposited in the 2,709
general operations fund pursuant to this division. The director 2,710
may include in the report any recommendations for modifying the 2,711
department's administration and enforcement of THE PROVISIONS OF 2,712
this chapter and the rules adopted under it APPLICABLE TO FOOD 2,713
SERVICE OPERATIONS. 2,714
59
Sec. 3732.05 3717.46. (A) A food service operation 2,723
license may be transferred by the licensor under either of the 2,725
following circumstances: 2,726
(1) The sale or disposition of the food service operation; 2,728
(2) The relocation of the food service operation. 2,730
(B) A person or government entity may request to receive a 2,732
food service operation license by transfer. A licensor may 2,733
transfer a license only on determining that the person or 2,734
government entity requesting the transfer is in compliance with 2,735
THE PROVISIONS OF this chapter and the rules adopted under it 2,737
APPLICABLE TO FOOD SERVICE OPERATIONS. In the case of the sale 2,739
or disposition of a food service operation, the license may not 2,740
be transferred unless the licensee consents to the transfer. A 2,741
license shall not be transferred more than once in a licensing
period. Temporary food service operation licenses are not 2,742
transferable. 2,743
Sec. 3732.08 3717.47. (A) As used in this section: 2,752
(1) "Critical control point inspection" means an 2,754
inspection designed to identify and prevent food handling 2,755
procedures that epidemiological data have shown to lead to 2,756
outbreaks of foodborne disease. 2,757
(2) "Standard inspection" means an inspection designed to 2,759
determine compliance with this chapter and the rules adopted 2,761
under it. 2,762
(B) Licensors shall classify food service operations, 2,764
other than vending machine locations and mobile and temporary 2,765
food service operations, according to the factors contributing to 2,766
foodborne disease identified in rules adopted by the public 2,767
health council under section 3732.02 of the Revised Code. Food 2,769
service operation classifications consist of "class I," "class 2,770
II," and "class III," with class I representing the smallest risk 2,771
of foodborne disease and class III the greatest risk. 2,772
(C)(1) A licensor shall inspect the food service 2,774
operations in its district as follows: 2,775
60
(a) Class I: at least one standard inspection shall be 2,777
conducted each licensing period; 2,778
(b) Class II: Except as provided in division (C)(3) of 2,780
this section, at least two standard inspections shall be 2,781
conducted each licensing period; 2,782
(c) Class III: Except as provided in division (C)(3) of 2,784
this section, at least two standard inspections and one critical 2,785
control point inspection shall be conducted each licensing 2,786
period; 2,787
(d) Vending machine locations: at least one standard 2,789
inspection of at least fifty per cent of the locations operated 2,790
by a licensee shall be conducted each licensing period; 2,791
(e) Mobile food service operations: at least one standard 2,793
inspection shall be conducted each licensing period; 2,794
(f) Temporary food service operations: at least one 2,796
standard inspection shall be conducted during the period the 2,797
operation is being operated; 2,798
(g) New food service operations: one standard inspection 2,800
shall be conducted not later than thirty days after the license 2,801
for the operation is issued. 2,802
(2) The licensor shall schedule the standard inspections 2,804
required for class I and II food service operations, vending 2,805
machine locations, and mobile food service operations so that not 2,806
more than twelve months elapse between the standard inspections 2,807
of a particular operation. The critical control point 2,808
inspections required for class III food service operations shall 2,809
be scheduled so that not more than twelve months elapse between 2,810
the critical control point inspections of each operation. 2,811
(3) One of the standard inspections required for a class 2,813
II or class III food service operation may be eliminated if 2,814
either of the following is the case: 2,815
(a) A manager or other individual responsible on a regular 2,817
basis for that operation is certified in food protection under 2,818
section 3732.14 of the Revised Code; 2,819
61
(b) The operation is a seasonal food service operation. 2,821
(D) Standard and critical control point ALL inspections OF 2,823
FOOD SERVICE OPERATIONS CONDUCTED BY A LICENSOR UNDER THIS 2,824
CHAPTER shall be conducted ACCORDING TO THE PROCEDURES AND 2,825
SCHEDULE OF FREQUENCY SPECIFIED IN RULES ADOPTED UNDER SECTION 2,826
3717.51 OF THE REVISED CODE. AN INSPECTION MAY BE PERFORMED only 2,827
by AN INDIVIDUAL REGISTERED AS a sanitarian or
sanitarian-in-training registered under Chapter 4736. of the 2,829
Revised Code. Inspections EACH INSPECTION shall be recorded on a 2,831
form prescribed and furnished by the director of health or a form 2,832
prescribed by the licensor that has been approved by the director 2,833
THAT HAS BEEN PRESCRIBED BY A BOARD OF HEALTH ACTING AS LICENSOR. 2,834
WITH THE ASSISTANCE OF THE DIRECTOR, A BOARD ACTING AS LICENSOR, 2,836
TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE INSPECTION
PROCESS AND SHALL STANDARDIZE THE MANNER IN WHICH ITS INSPECTIONS 2,838
ARE CONDUCTED.
(E)(B) A licensee PERSON OR GOVERNMENT ENTITY HOLDING A 2,841
FOOD SERVICE OPERATION LICENSE shall permit the licensor to
inspect a THE food service operation for purposes of determining 2,843
compliance with this chapter and the rules adopted under it or 2,844
investigating a complaint regarding foodborne disease. 2,845
Inspections and investigations shall be conducted at times 2,846
determined by the licensor to be reasonable. On request, OF the 2,847
licensor, THE LICENSE HOLDER shall be permitted PERMIT THE 2,850
LICENSOR to examine the records of the food service operation to 2,851
obtain information about the purchase, receipt, or use of food, 2,852
supplies, and equipment. 2,853
A licensor may inspect any mobile food service operation or 2,855
catering food service operation being operated within the 2,856
licensor's district. If an inspection of a mobile or catering 2,857
food service operation is conducted by a licensor other than the 2,858
licensor that issued the license for the operation, a report of 2,859
the inspection shall be sent to the issuing licensor. The 2,860
issuing licensor may use the inspection report to suspend or 2,861
62
revoke the license under section 3732.11 3717.49 of the Revised 2,863
Code.
(C) AN INSPECTION MAY INCLUDE AN INVESTIGATION TO 2,865
DETERMINE THE IDENTITY AND SOURCE OF A PARTICULAR FOOD. 2,866
Sec. 3717.48. TRADE SECRETS AND OTHER FORMS OF INFORMATION 2,867
THAT, UNDER THIS CHAPTER, ARE REQUIRED TO BE FURNISHED TO OR ARE 2,868
PROCURED BY A LICENSOR OF FOOD SERVICE OPERATIONS SHALL BE FOR 2,869
THE EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE 2,870
DISCHARGE OF THE LICENSOR'S OFFICIAL DUTIES. THE INFORMATION 2,871
SHALL NOT BE OPEN TO THE PUBLIC OR USED IN ANY ACTION OR 2,872
PROCEEDING IN ANY COURT. IF THE LICENSOR IS A BOARD OF HEALTH, 2,873
THE BOARD MAY SHARE THE INFORMATION WITH THE DIRECTOR OF HEALTH 2,874
AND DIRECTOR OF AGRICULTURE. IF THE LICENSOR IS THE DIRECTOR OF 2,875
HEALTH, THE DIRECTOR MAY SHARE THE INFORMATION WITH THE DIRECTOR
OF AGRICULTURE. 2,876
THE LICENSOR SHALL MAINTAIN THE CONFIDENTIALITY OF THE 2,878
INFORMATION, EXCEPT THAT THE INFORMATION MAY BE CONSOLIDATED IN 2,879
STATISTICAL TABLES AND PUBLISHED BY THE LICENSOR IN STATISTICAL 2,880
FORM FOR THE USE AND INFORMATION OF STATE AND LOCAL AGENCIES AND 2,881
THE PUBLIC, IF THE STATISTICS DO NOT DISCLOSE DETAILS ABOUT A 2,882
PARTICULAR PERSON OR GOVERNMENT ENTITY THAT PROVIDED INFORMATION 2,883
TO THE LICENSOR. AN INDIVIDUAL EMPLOYED BY THE LICENSOR OR 2,884
ASSISTING THE LICENSOR IN THE ADMINISTRATION OF THE FOOD SERVICE 2,885
OPERATION LICENSING REQUIREMENTS OF THIS CHAPTER SHALL NOT 2,886
WILLFULLY DIVULGE ANY INFORMATION THAT IS CONFIDENTIAL UNDER THIS 2,887
SECTION TO ANY PERSON OR GOVERNMENT ENTITY OTHER THAN THE 2,888
LICENSOR OR THE INDIVIDUAL'S SUPERIOR. 2,889
Sec. 3732.11 3717.49. (A)(1) A licensor may suspend or 2,899
revoke a food service operation license on determining that a 2,901
licensee THE LICENSE HOLDER is in violation of any requirement of 2,903
this chapter or THE rules adopted under it APPLICABLE TO FOOD 2,904
SERVICE OPERATIONS, INCLUDING A VIOLATION EVIDENCED BY THE 2,905
DOCUMENTED FAILURE TO MAINTAIN SANITARY CONDITIONS WITHIN THE
OPERATION. Except 2,906
63
(B)(1) EXCEPT in the case of a violation that presents an 2,909
immediate danger to the public health, prior to initiating action 2,910
to suspend or revoke a FOOD SERVICE OPERATION license, the 2,911
licensor shall give the licensee LICENSE HOLDER written notice 2,913
specifying each violation and a reasonable time within which each 2,915
violation must be corrected to avoid suspension or revocation of 2,916
the licensee's food service operation license. The licensor may 2,917
extend the time specified in the notice for correcting a 2,918
violation if the licensee LICENSE HOLDER is making a good faith 2,920
effort to correct it.
If the licensee LICENSE HOLDER fails to correct the 2,922
violation in the time granted by the licensor, the licensor may 2,924
initiate action to suspend or revoke the licensee's food service 2,925
operation license by giving the licensee LICENSE HOLDER written 2,926
notice of the proposed suspension or revocation. The licensor 2,928
shall include in the notice a description of the procedure for 2,929
appealing the proposed suspension or revocation. The licensee 2,930
LICENSE HOLDER may appeal the proposed suspension or revocation 2,932
by giving written notice to the licensor. The licensee LICENSE 2,933
HOLDER shall specify in the notice whether a hearing is 2,935
requested. The appeal shall be conducted in accordance with 2,936
division (A)(B)(3) of this section.
Any action that may be taken by a licensor under division 2,938
(A)(B)(1) of this section may be taken by a health commissioner 2,940
or other person employed by the licensor if the person or health 2,941
commissioner is authorized by the licensor to take the action. 2,942
(2)(a) If actions are initiated to revoke or, except in 2,944
the case of a violation that presents an immediate danger to the 2,945
public health, to suspend a food service operation license, the 2,946
licensor shall determine whether to revoke or suspend the license 2,947
as follows: 2,948
(i) If the licensor is a board of health of a city or 2,950
general health district or the authority having the duties of a 2,951
board of health under section 3709.05 of the Revised Code, by a 2,952
64
majority vote of the members of the board or authority present at 2,953
a meeting at which there is a quorum; 2,954
(ii) If the director of health is acting as the licensor 2,956
pursuant to section 3732.09 of the Revised Code, by decision of 2,958
the director. 2,959
(b) If the licensor determines to revoke or suspend the 2,961
license, the licensor shall issue an order revoking or suspending 2,962
the license. 2,963
(3) An appeal made under division (A)(B)(1) of this 2,965
section shall be conducted in accordance with procedures 2,966
established in rules adopted by the director of health under 2,967
section 3732.13 3717.52 of the Revised Code. If a hearing is 2,969
requested, it shall be held prior to the issuance of an order 2,970
under division (A)(B)(2) of this section, but may be conducted at 2,972
the meeting at which issuance of the order is considered. 2,973
(B)(C)(1) On determining that a licensee LICENSE HOLDER is 2,976
in violation of any requirement of this chapter or THE rules 2,977
adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS and that 2,979
the violation presents an immediate danger to the public health, 2,980
the licensor may suspend the licensee's food service operation 2,981
license without giving written notice or affording the licensee 2,982
LICENSE HOLDER the opportunity to correct the violation. If the 2,983
licensee LICENSE HOLDER is operating a mobile or catering food 2,984
service operation, either the licensor that issued the license or 2,986
the licensor for the health district in which the operation is 2,987
being operated may suspend the license. 2,988
A suspension under division (B)(C)(1) of this section takes 2,990
effect immediately and remains in effect until the licensor lifts 2,991
the suspension. When a mobile food service operation license is 2,992
suspended under this division, the licensor that suspended the 2,993
license shall hold the license until the suspension is lifted and 2,994
the licensor receives from the licensee LICENSE HOLDER written 2,995
notice of the next location at which the licensee LICENSE HOLDER 2,997
proposes to operate the food service operation. 2,999
65
After suspending a license under division (B)(C)(1) of this 3,001
section, the licensor shall give the licensee LICENSE HOLDER 3,002
written notice of the procedure for appealing the suspension. 3,004
The licensee LICENSE HOLDER may appeal the suspension by giving 3,006
written notice to the licensor and specifying in the notice 3,007
whether a hearing is requested. The appeal shall be conducted in 3,008
accordance with division (B)(C)(2) of this section. 3,010
Any action that may be taken by a licensor under division 3,012
(B)(C)(1) of this section may be taken by a health commissioner 3,014
or person employed by a city in a position comparable to that of 3,015
health commissioner if the person or health commissioner is 3,016
authorized by the licensor to take the action. A person or 3,017
health commissioner that WHO suspends a license under this 3,018
authority may, on determining that there is no longer an 3,020
immediate danger to the public health, lift the suspension 3,021
without consulting the licensor. 3,022
(2)(a) If the licensee LICENSE HOLDER appeals a suspension 3,024
under division (B)(C)(1) of this section, the licensor shall 3,026
determine whether the immediate danger to the public health 3,028
continues to exist as follows: 3,029
(i) If the licensor is a board of health of a city or 3,031
general health district or the authority having the duties of a 3,032
board of health under section 3709.05 of the Revised Code, by 3,033
majority vote of the members of the board or authority present at 3,034
a meeting at which there is a quorum; 3,035
(ii) If the director of health is acting as the licensor 3,037
pursuant to section 3732.09 of the Revised Code, by decision of 3,039
the director. 3,040
(b) If the licensor determines that there is no longer an 3,042
immediate danger to the public health, the licensor shall lift 3,043
the suspension. If the licensor determines that the immediate 3,044
danger continues to exist, the licensor shall issue an order 3,045
continuing the suspension. 3,046
(3) An appeal requested under division (B)(C)(1) of this 3,048
66
section shall be conducted in accordance with procedures 3,049
established in rules adopted by the director of health under 3,050
section 3732.13 3717.52 of the Revised Code. If a hearing is 3,051
requested, it shall be held not later than two business days 3,053
after the request is received by the licensor. The hearing shall 3,054
be held prior to the issuance of an order under division 3,055
(B)(C)(2) of this section, but may be conducted at the meeting at 3,057
which issuance of the order is considered. In the case of a 3,058
suspension of a mobile or catering food service operation 3,059
license, the appeal shall be made to the licensor that suspended 3,060
the license.
(C)(D) A licensee LICENSE HOLDER may appeal an order 3,063
issued under division (A)(B) or (B)(C) of this section as 3,064
follows:
(1) If the order was issued by a board of health of a city 3,066
or general health district or the authority having the duties of 3,067
a board of health under section 3709.05 of the Revised Code, to 3,068
the common pleas court of the county in which the licensor is 3,069
located; 3,070
(2) If the order was issued by the director of health, to 3,072
the Franklin county court of common pleas. 3,073
Sec. 3732.12 3717.50. (A) As used in this section, 3,082
"prosecutor" has the same meaning as in section 2935.01 of the 3,084
Revised Code.
(B) No person shall fail to comply with any requirement of 3,086
this chapter. 3,087
(C) At the request of the licensor, the attorney general 3,089
or the prosecutor with jurisdiction in the area where WHEN a 3,090
person allegedly has violated division (B) of this section shall 3,091
commence 3717.41 OF THE REVISED CODE, a criminal prosecution 3,092
SHALL BE COMMENCED against the person. IF THE LICENSOR IS THE 3,094
DIRECTOR OF HEALTH, THE PROSECUTION SHALL BE COMMENCED BY THE 3,095
ATTORNEY GENERAL. IF THE LICENSOR IS A BOARD OF HEALTH, THE 3,096
PROSECUTION SHALL BE COMMENCED BY THE PROSECUTOR WITH 3,097
67
JURISDICTION IN THE AREA WHERE THE ALLEGED VIOLATION OCCURRED. 3,098
AT THE REQUEST OF A BOARD OF HEALTH ACTING AS LICENSOR, THE 3,099
DIRECTOR OF HEALTH SHALL PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN 3,101
THE PROSECUTION OF A PERSON WHO IS NOT IN COMPLIANCE WITH THE 3,102
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 3,103
APPLICABLE TO FOOD SERVICE OPERATIONS. REQUESTS SHALL BE MADE 3,104
AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH RULES ADOPTED 3,105
BY THE DIRECTOR OF HEALTH UNDER SECTION 3717.52 OF THE REVISED
CODE.
(D)(C) At the request of the licensor, the attorney 3,107
general or the prosecutor with jurisdiction in the area where a 3,108
person or government entity allegedly has failed to comply with a 3,109
requirement of this chapter or the rules adopted under it 3,110
APPLICABLE TO FOOD SERVICE OPERATIONS shall commence in common 3,112
pleas court an action requesting the issuance of a temporary 3,113
restraining order or a preliminary or permanent injunction or a 3,114
mandamus action regarding the act of noncompliance. The court 3,115
may grant the appropriate relief on a showing IF IT IS SHOWN that 3,116
the respondent failed to comply with the requirement. 3,118
Notwithstanding the penalties established in section 3,120
2705.05 of the Revised Code, a person or government entity found 3,121
to be in contempt of court for failing to comply with a 3,122
restraining order, injunction, or writ of mandamus issued 3,123
pursuant to this division shall be fined not more than one 3,124
thousand dollars for each offense. Each day the noncompliance 3,125
continues is a separate offense. 3,126
(D) OF THE FINES COLLECTED UNDER THIS SECTION, IF THE 3,127
LICENSOR IS A BOARD OF HEALTH, FIFTY PER CENT SHALL BE DEPOSITED 3,129
IN AN APPROPRIATE FUND CREATED FOR THE BOARD'S USE IN 3,131
ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND THE RULES 3,132
ADOPTED UNDER IT APPLICABLE TO FOOD SERVICE OPERATIONS; IF THE 3,133
LICENSOR IS THE DIRECTOR OF HEALTH, FIFTY PER CENT SHALL BE
DEPOSITED IN THE GENERAL OPERATIONS FUND CREATED UNDER SECTION 3,134
3701.83 OF THE REVISED CODE. THE REMAINING FIFTY PER CENT SHALL 3,136
68
BE CREDITED TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN 3,137
WHICH THE CASE IS PROSECUTED. 3,138
(E) The remedies available under this section are in 3,140
addition to any other remedies available under the law. 3,141
Sec. 3732.02 3717.51. (A) The PURSUANT TO SECTION 3717.04 3,151
OF THE REVISED CODE, THE public health council shall adopt, and 3,153
has the exclusive power to adopt, rules of uniform application 3,154
throughout this state regarding the following FOOD SERVICE 3,155
OPERATIONS, AS FOLLOWS:
(1)(A) Licensing categories for food service operations 3,157
and licensing requirements for each category; 3,158
(2) Identification of factors contributing to foodborne 3,160
disease for use in classifying food service operations under 3,161
section 3732.08 of the Revised Code; 3,162
(3) Criteria for food service operation equipment, 3,164
including refrigerated bulk milk dispensers; 3,165
(4) Standards for sanitation; 3,167
(5) Criteria for approving plans for food service 3,169
operations; 3,170
(6) A definition of "potentially hazardous" as it applies 3,172
to food; 3,173
(7) Procedures and criteria to be used by the director of 3,175
health in approving courses of study for certification in food 3,176
protection under section 3732.14 of the Revised Code; 3,177
(8) Requirements an individual must meet to become 3,179
certified in food protection; 3,180
(9)(B) STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF 3,183
FREQUENCY, FOR CONDUCTING INSPECTIONS OF FOOD SERVICE OPERATIONS; 3,184
(C) STANDARDS AND PROCEDURES FOR CONDUCTING INVESTIGATION 3,186
OF COMPLAINTS PERTAINING TO FOOD SERVICE OPERATIONS; 3,187
(D) STANDARDS AND PROCEDURES TO BE USED BY THE DIRECTOR OF 3,189
HEALTH IN APPROVING COURSES OF STUDY FOR PERSONS SEEKING 3,190
CERTIFICATION IN FOOD PROTECTION, STANDARDS THAT A COURSE MUST 3,191
MEET TO MAINTAIN ITS APPROVAL, AND PROCEDURES FOR WITHDRAWING 3,192
69
APPROVAL IF A COURSE NO LONGER MEETS THE STANDARDS FOR APPROVAL; 3,193
(E) Standards for the provision of assistance to choking 3,196
victims; 3,197
(10)(F) Any other matter the council considers relevant to 3,199
the administration and enforcement of THE PROVISIONS OF this 3,200
chapter APPLICABLE TO FOOD SERVICE OPERATIONS. 3,201
(B) The public health council may adopt rules establishing 3,203
the number, composition, terms of office, and functions of any 3,204
food service advisory board the director establishes pursuant to 3,205
section 121.13 of the Revised Code. 3,206
(C) All rules adopted under this section shall be adopted 3,208
in accordance with Chapter 119. of the Revised Code. 3,209
Sec. 3732.13 3717.52. (A) The PURSUANT TO SECTION 3717.04 3,219
OF THE REVISED CODE, THE director of health shall adopt rules 3,221
establishing procedures for the following:
(1)(A) Appeals of proposed suspension or revocation of 3,223
food service operation licenses and appeals of suspension of 3,224
licenses issued for violations presenting immediate danger to the 3,225
public health; 3,226
(2)(B) Surveys conducted by the director to determine 3,229
whether boards of health of city or general health districts or 3,230
authorities having the duties of a board of health under section 3,231
3709.05 of the Revised Code are qualified AND HAVE THE CAPACITY 3,232
to administer and enforce THE PROVISIONS OF this chapter and the 3,234
rules adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS AND 3,235
TO ABIDE BY THE OHIO UNIFORM FOOD SAFETY CODE; 3,236
(3)(C) Reinstatement of a board or authority OF HEALTH as 3,239
a licensor after the director has revoked the approval of the 3,240
board or authority; 3,241
(D) PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A 3,243
BOARD OF HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A 3,244
PERSON FOR A VIOLATION OF THE PROVISIONS OF THIS CHAPTER 3,245
APPLICABLE TO FOOD SERVICE OPERATIONS;
(E) PROCEDURES FOR RESOLVING DISPUTES BETWEEN LICENSORS 3,248
70
AND THE HOLDERS OF LICENSES FOR FOOD SERVICE OPERATIONS.
(B) All rules adopted under this section shall be adopted 3,250
in accordance with Chapter 119. of the Revised Code. 3,251
Sec. 3732.99 3717.99. Whoever violates division (B) of 3,260
section 3732.12 3717.21 OR 3717.41 of the Revised Code is guilty 3,263
of a misdemeanor of the third degree on a first offense; for a 3,264
second offense or subsequent offense, such person is guilty of a 3,265
misdemeanor of the second degree. Each day the violation 3,266
continues is a separate offense. 3,267
Sec. 3724.03. (A) Application for a license to operate a 3,276
community alternative home shall be made by the operator to the 3,277
director of health on forms provided by the director. After 3,278
investigating the application and inspecting the home, the 3,279
director shall issue a license if he THE DIRECTOR determines that 3,281
the following requirements have been met: 3,282
(1) The home is in compliance with this chapter and rules 3,284
adopted by the public health council under section 3724.05 of the 3,285
Revised Code. 3,286
(2) The home meets the fire safety standards established 3,288
by rules adopted under section 3724.05 of the Revised Code and 3,289
has been inspected and approved by a certified electrical safety 3,290
inspector. 3,291
(3) The home complies with local zoning regulations. 3,293
(4) If applicable, the home has a valid food service 3,295
license issued under Chapter 3732 3717. of the Revised Code. 3,296
(5) The operator has not been convicted of a felony or a 3,298
crime involving moral turpitude. 3,299
(6) The operator has provided all documentation requested 3,301
by the director. 3,302
(7) The operator has developed policies for infection 3,304
control and for educating caregivers about acquired 3,305
immunodeficiency syndrome. 3,306
(8) The operator has paid the license fee established by 3,308
rule of the public health council under section 3724.05 of the 3,309
71
Revised Code. 3,310
At the request of the operator on a form furnished by the 3,312
director, the director, in accordance with rules adopted by the 3,313
public health council, may waive any licensing requirement 3,314
established by rule of the council if he THE DIRECTOR determines 3,315
that strict application of the requirement would cause undue 3,317
hardship to the home and that the grant of a waiver would not 3,318
jeopardize the health and safety of any resident of the home. 3,319
The waiver may be granted at the time of initial licensing or 3,320
renewal or during a licensing period and may be temporary or 3,321
permanent.
The license shall contain the name and address of the home 3,323
for which it is issued, the date of expiration of the license, 3,324
and the maximum number of residents that may be accommodated by 3,325
the home. A license is valid for two years from the date of 3,326
issuance. 3,327
Sections 3781.06 to 3781.18 and 3791.04 of the Revised Code 3,329
and building standards adopted pursuant to those sections do not 3,330
apply to any structure for which application is made for 3,331
licensure as a community alternative home unless the license is 3,332
denied. 3,333
(B) The director may issue a temporary license pending 3,335
completion of the licensing inspection if the application and 3,336
documentation meet the requirements of this chapter and the rules 3,337
adopted by the public health council. A temporary license is 3,338
valid for ninety days and may be renewed for an additional ninety 3,339
days. The director also may renew a temporary license for the 3,340
duration of proceedings under Chapter 119. of the Revised Code 3,341
regarding the denial of a license if he THE DIRECTOR determines 3,342
that the continued operation of the home will not jeopardize the 3,344
health or safety of the residents. 3,345
(C) Application for renewal of a license to operate a 3,347
community alternative home shall be made by the operator to the 3,348
director of health on forms provided by the director. In 3,349
72
addition to submitting the application and a fee in the amount 3,350
established by rules of the public health council, the operator 3,351
shall inform the director of any changes in the ownership or 3,352
structure of the buildings housing the home. If the electrical 3,353
wiring has been altered, the operator shall submit proof that the 3,354
alteration has been inspected and approved by a certified 3,355
electrical safety inspector. The director shall inspect the 3,356
facility and shall renew the license if he THE DIRECTOR 3,357
determines that the home complies with the requirements of this 3,358
chapter and the rules adopted by the public health council. 3,360
(D) In accordance with Chapter 119. of the Revised Code, 3,362
the director may deny, revoke, or refuse to issue or renew a 3,363
license or a temporary license for any community alternative home 3,364
that fails to comply with any requirement of this chapter or with 3,365
any rules adopted by the public health council. 3,366
Sec. 4303.021. Permit A-1-A may be issued to the holder of 3,375
an A-1 or A-2 permit to sell beer and any intoxicating liquor at 3,376
retail, only by the individual drink in glass or from a 3,377
container, provided such A-1-A permit premises are situated on 3,378
the same parcel or tract of land as the related A-1 or A-2 3,379
manufacturing permit premises or are separated therefrom only by 3,380
public streets or highways or by other lands owned by the holder 3,381
of the A-1 or A-2 permit and used by the holder in connection 3,383
with or in promotion of the holder's A-1 or A-2 permit business. 3,384
The fee for this permit is three thousand one hundred twenty-five 3,386
dollars. The holder of an A-1-A permit may sell beer and any 3,387
intoxicating liquor during the same hours as the holders of D-5 3,388
permits under this chapter or Chapter 4301. of the Revised Code 3,389
or the rules of the liquor control commission and shall obtain a 3,390
restaurant license pursuant to section 3732.03 3717.43 of the 3,391
Revised Code. 3,392
Except as otherwise provided in this section, no new A-1-A 3,394
permit shall be issued to the holder of an A-1 or A-2 permit 3,395
unless the sale of beer and intoxicating liquor under class D 3,396
73
permits is permitted in the precinct in which the A-1 or A-2 3,399
permit is located and, in the case of an A-2 permit, unless the 3,400
holder of the A-2 permit manufactures or has a storage capacity 3,401
of at least twenty-five thousand gallons of wine per year. The 3,402
immediately preceding sentence does not prohibit the issuance of 3,403
an A-1-A permit to an applicant for such a permit who is the 3,404
holder of an A-1 permit and whose application was filed with the 3,405
division of liquor control before June 1, 1994. The liquor 3,407
control commission shall not restrict the number of A-1-A permits 3,408
which may be located within a precinct.
Sec. 4303.13. Permit D-1 may be issued to the owner or 3,418
operator of a hotel or restaurant licensed pursuant to section 3,419
3732.03 3717.43 of the Revised Code, or of a club, amusement 3,421
park, drugstore, lunch stand, boat, or vessel, and shall be 3,422
issued to a person described in division (B) of this section, to 3,423
sell beer at retail either in glass or container, for consumption 3,424
on the premises where sold; and, except as otherwise provided in 3,425
division (B) of this section, to sell beer at retail in other 3,426
receptacles or in original containers having a capacity of not 3,427
more than five and one-sixth gallons not for consumption on the 3,428
premises where sold. The fee for this permit is one hundred 3,429
eighty-eight dollars for each location, boat, or vessel.
Sec. 4303.14. Permit D-2 may be issued to the owner or 3,438
operator of a hotel or restaurant licensed pursuant to section 3,439
3732.03 3717.43 of the Revised Code, or of a club, boat, or 3,441
vessel, to sell wine and prepared and bottled cocktails,
cordials, and other mixed beverages manufactured and distributed 3,442
by holders of A-4 and B-4 permits at retail, either in glass or 3,443
container, for consumption on the premises where sold. The 3,444
holder of such permit may also sell wine and prepared and bottled 3,445
cocktails, cordials, and other mixed beverages in original 3,446
packages and not for consumption on the premises where sold or
for resale. The fee for this permit is two hundred eighty-two 3,447
dollars for each location, boat, or vessel. 3,448
74
Sec. 4303.15. Permit D-3 may be issued to the owner or 3,457
operator of a hotel or restaurant licensed pursuant to section 3,458
3732.03 3717.43 of the Revised Code, or a club, boat, or vessel, 3,460
to sell spirituous liquor at retail, only by the individual drink 3,461
in glass or from the container, for consumption on the premises 3,462
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 3,463
six hundred dollars for each location, boat, or vessel. 3,464
Sec. 4303.181. (A) Permit D-5a may be issued either to 3,474
the owner or operator of a hotel or motel required to be licensed 3,475
under section 3731.03 of the Revised Code containing at least 3,476
fifty rooms for registered transient guests, and which qualifies 3,477
under the other requirements of this section, or to the owner or 3,478
operator of a restaurant specified under this section to sell 3,479
beer and any intoxicating liquor at retail, only by the 3,480
individual drink in glass and from the container, for consumption 3,481
on the premises where sold, and to registered guests in their 3,482
rooms, which may be sold by means of a controlled access alcohol 3,483
and beverage cabinet in accordance with division (B) of section 3,484
4301.21 of the Revised Code; and to sell the same products in the 3,485
same manner and amounts not for consumption on the premises as 3,486
may be sold by holders of D-1 and D-2 permits. The premises of 3,487
the hotel or motel shall include a restaurant licensed pursuant 3,488
to section 3732.03 3717.43 of the Revised Code affiliated with 3,490
the hotel or motel and within or contiguous to the hotel or 3,491
motel, serving food within the hotel or motel, but the principal 3,492
business of the owner or operator of the hotel or motel shall be 3,493
the accommodation of transient guests. In addition to the 3,494
privileges authorized herein, the holder of a D-5a permit may 3,495
exercise the same privileges as the holder of a D-5 permit. 3,496
The owner or operator of a hotel, motel, or restaurant who 3,498
qualified for and held a D-5a permit on August 4, 1976, may, if 3,500
the owner or operator held another permit before holding a D-5a 3,501
permit, either retain a D-5a permit or apply for the permit 3,502
75
formerly held, and the division of liquor control shall issue the 3,503
permit for which the owner or operator applies and formerly held, 3,504
notwithstanding any quota.
A D-5a permit shall not be transferred to another location. 3,507
No quota restriction shall be placed on the number of such 3,508
permits which may be issued.
The fee for this permit is one thousand eight hundred 3,511
seventy-five dollars.
(B) Permit D-5b may be issued to the owner, operator, 3,514
tenant, lessee, or occupant of an enclosed shopping center to 3,515
sell beer and intoxicating liquor at retail, only by the 3,516
individual drink in glass and from the container, for consumption 3,517
on the premises where sold; and to sell the same products in the 3,518
same manner and amount not for consumption on the premises as may 3,519
be sold by holders of D-1 and D-2 permits. In addition to the 3,520
privileges authorized in this section, the holder of a D-5b 3,521
permit may exercise the same privileges as a holder of a D-5 3,522
permit.
A D-5b permit shall not be transferred to another location. 3,525
One D-5b permit may be issued at an enclosed shopping 3,528
center containing at least two hundred twenty-five thousand, but 3,529
less than four hundred thousand, square feet of floor area. 3,530
Two D-5b permits may be issued at an enclosed shopping 3,533
center containing at least four hundred thousand square feet of 3,534
floor area. No more than one D-5b permit may be issued at an 3,535
enclosed shopping center for each additional two hundred thousand 3,536
square feet of floor area or fraction thereof, up to a maximum of 3,537
five D-5b permits for each enclosed shopping center. The number 3,538
of D-5b permits that may be issued at an enclosed shopping center 3,539
shall be determined by subtracting the number of D-3 and D-5 3,540
permits issued in the enclosed shopping center from the number of 3,541
D-5b permits that otherwise may be issued at the enclosed 3,542
shopping center under the formulas provided in this division. 3,543
Except as provided in this section, no quota shall be placed on 3,544
76
the number of D-5b permits that may be issued. Notwithstanding 3,545
any quota provided in this section, the holder of any D-5b permit 3,546
first issued in accordance with this section is entitled to its 3,547
renewal in accordance with section 4303.271 of the Revised Code. 3,548
The holder of a D-5b permit issued before April 4, 1984, 3,551
whose tenancy is terminated for a cause other than nonpayment of 3,552
rent, may return the D-5b permit to the division of liquor 3,554
control and the division shall cancel that permit. Upon 3,556
cancellation of that permit and upon the permit holder's payment 3,557
of taxes, contributions, premiums, assessments, and other debts 3,558
owing or accrued upon the date of cancellation to this state and 3,559
its political subdivisions and a filing with the division of a 3,560
certification thereof, the division shall issue to that person 3,562
either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that 3,564
person requests. The division shall issue the D-5 permit, or the 3,566
D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3, 3,567
or D-5 permits currently issued in the municipal corporation or 3,568
in the unincorporated area of the township where that person's 3,569
proposed premises is located equals or exceeds the maximum number 3,570
of such permits that can be issued in that municipal corporation 3,571
or in the unincorporated area of that township under the 3,572
population quota restrictions contained in section 4303.29 of the 3,573
Revised Code. Any such D-1, D-2, D-3, or D-5 permit so issued 3,574
shall not be transferred to another location. If a D-5b permit 3,575
is canceled under the provisions of this paragraph, the number of 3,576
D-5b permits that may be issued at the enclosed shopping center 3,577
for which the D-5b permit was issued, under the formula provided 3,578
in this division, shall be reduced by one if the enclosed 3,579
shopping center was entitled to more than one D-5b permit under 3,580
the formula. 3,581
The fee for this permit is one thousand eight hundred 3,584
seventy-five dollars.
(C) Permit D-5c may be issued either to the owner or 3,587
operator of a restaurant licensed pursuant to section 3732.03 3,588
77
3717.43 of the Revised Code, and which qualifies under the other 3,590
requirements of this section to sell beer and any intoxicating 3,591
liquor at retail, only by the individual drink in glass and from 3,592
the container, for consumption on the premises where sold, and to 3,593
sell the same products in the same manner and amounts not for 3,594
consumption on the premises as may be sold by holders of D-1 and 3,595
D-2 permits. In addition to the privileges authorized herein, 3,596
the holder of a D-5c permit may exercise the same privileges as 3,597
the holder of a D-5 permit.
To qualify for a D-5c permit, the owner or operator of a 3,600
restaurant licensed pursuant to section 3732.03 3717.43 of the 3,601
Revised Code shall have operated the restaurant at the proposed 3,603
premises for not less than twenty-four consecutive months 3,604
immediately preceding the filing of an application therefor, have 3,605
applied for a D-5 permit no later than December 31, 1988, and 3,606
appear on the division's quota waiting list for not less than six 3,607
months immediately preceding the filing of an application 3,608
therefor. In addition to these requirements, the proposed D-5c 3,609
permit premises shall be located within a municipal corporation 3,610
and further within an election precinct which, at the time of the 3,612
applications, has no more than twenty-five per cent of its total 3,613
land area zoned for residential use. 3,614
A D-5c permit shall not be transferred to another location. 3,617
No quota restriction shall be placed on the number of such 3,618
permits which may be issued.
Any person who has held a D-5c permit for at least two 3,621
years may apply for a D-5 permit, and the division of liquor 3,622
control shall issue the D-5 permit notwithstanding the quota 3,623
restrictions contained in section 4303.29 of the Revised Code or 3,624
in any rule of the liquor control commission. 3,625
The fee for this permit is one thousand two hundred fifty 3,628
dollars.
(D) Permit D-5d may be issued to either the owner or 3,631
operator of a restaurant that is licensed pursuant to section 3,632
78
3732.03 3717.43 of the Revised Code and located at an airport 3,634
operated by a board of county commissioners pursuant to section 3,635
307.20 of the Revised Code or at an airport operated by a
regional airport authority pursuant to Chapter 308. of the 3,636
Revised Code. Not more than one D-5d permit shall be issued in 3,637
each county. The holder of a D-5d permit may sell beer and any 3,638
intoxicating liquor at retail, only by the individual drink in 3,639
glass and from the container, for consumption on the premises 3,640
where sold, and may sell the same products in the same manner and 3,641
amounts not for consumption on the premises where sold as may be 3,642
sold by the holders of D-1 and D-2 permits. In addition to the 3,643
privileges authorized in this division, the holder of a D-5d 3,644
permit may exercise the same privileges as the holder of a D-5 3,645
permit. 3,646
A D-5d permit shall not be transferred to another location. 3,649
Except as otherwise provided in this division, no quota 3,650
restrictions shall be placed on the number of such permits which 3,651
may be issued.
The fee for this permit is one thousand eight hundred 3,654
seventy-five dollars.
(E) Permit D-5e may be issued to any nonprofit 3,657
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, or that is a charitable organization under 3,660
any chapter of the Revised Code, and that owns or operates a 3,661
riverboat which meets all of the following:
(1) Is permanently docked at one location; 3,664
(2) Is designated as an historical riverboat by the Ohio 3,667
historical society;
(3) Contains not less than fifteen hundred square feet of 3,670
floor area;
(4) Has a seating capacity of fifty or more persons. 3,673
The holder of a D-5e permit may sell beer and intoxicating 3,676
liquor at retail, only by the individual drink in glass and from 3,677
79
the container, for consumption on the premises where sold. 3,678
A D-5e permit shall not be transferred to another location. 3,681
No quota restriction shall be placed on the number of such 3,682
permits which may be issued. The population quota restrictions 3,683
contained in section 4303.29 of the Revised Code or in any rule 3,684
of the liquor control commission shall not apply to this division 3,685
and the division shall issue a D-5e permit to any applicant who 3,687
meets the requirements of this division. However, the division 3,688
shall not issue a D-5e permit if the permit premises or proposed 3,690
permit premises are located within an area in which the sale of 3,691
spirituous liquor by the glass is prohibited. 3,692
The fee for this permit is nine hundred seventy-five 3,695
dollars.
(F) Permit D-5f may be issued to either the owner or the 3,698
operator of a food service operation licensed under section 3,699
3732.03 3717.43 of the Revised Code that meets all of the 3,701
following:
(1) Contains not less than twenty-five hundred square feet 3,704
of floor area;
(2) Is located on or in, or immediately adjacent to, the 3,707
shoreline of, a navigable river;
(3) Provides docking space for twenty-five boats; 3,710
(4) Provides entertainment and recreation, provided that 3,713
not less than fifty per cent of the business on the permit 3,714
premises shall be preparing and serving meals for a 3,715
consideration.
In addition, each application for a D-5f permit shall be 3,718
accompanied by a certification from the local legislative 3,719
authority that the issuance of the D-5f permit is not 3,720
inconsistent with that political subdivision's comprehensive 3,721
development plan or other economic development goal as officially 3,722
established by the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating 3,725
liquor at retail, only by the individual drink in glass and from 3,726
80
the container, for consumption on the premises where sold. 3,727
A D-5f permit shall not be transferred to another location. 3,730
No more than fifteen D-5f permits shall be issued by the division 3,731
of liquor control, and no more than two such permits shall be 3,733
issued in any county. However, the division shall not issue a 3,734
D-5f permit if the permit premises or proposed permit premises 3,736
are located within an area in which the sale of spirituous liquor 3,737
by the glass is prohibited. 3,738
A fee for this permit is one thousand eight hundred 3,741
seventy-five dollars.
As used in this division, "navigable river" means a river 3,744
which is also a "navigable water" as that term is defined in the 3,745
"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 3,746
(G) Permit D-5g may be issued to a nonprofit corporation 3,749
that is either the owner or the operator of a national 3,750
professional sports museum. The holder of a D-5g permit may sell 3,751
beer and any intoxicating liquor at retail, only by the 3,752
individual drink in glass and from the container, for consumption 3,753
on the premises where sold. The holder of a D-5g permit shall 3,754
sell no beer or intoxicating liquor for consumption on the 3,755
premises where sold after one a.m. A D-5g permit shall not be 3,756
transferred to another location. No quota restrictions shall be 3,757
placed on the number of D-5g permits that may be issued. The fee
for this permit is one thousand five hundred dollars. 3,758
(H) Permit D-5h may be issued to any nonprofit 3,760
organization that is exempt from federal income taxation under 3,761
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 3,762
501(c)(3), as amended, that owns or operates a fine arts museum 3,763
and has no less than five thousand bona fide members possessing 3,764
full membership privileges. The holder of a D-5h permit may sell 3,765
beer and any intoxicating liquor at retail, only by the 3,766
individual drink in glass and from the container, for consumption 3,767
on the premises where sold. The holder of a D-5h permit shall 3,768
sell no beer or intoxicating liquor for consumption on the 3,769
81
premises where sold after one a.m. A D-5h permit shall not be 3,770
transferred to another location. No quota restrictions shall be 3,771
placed on the number of D-5h permits that may be issued. The fee 3,772
for this permit is one thousand five hundred dollars. 3,773
(I) Permit D-5i may be issued to either the owner or the 3,775
operator of a food service operation licensed under section 3,776
3732.03 3717.43 of the Revised Code that meets all of the 3,777
following requirements: 3,779
(1) It is located in a municipal corporation or a township 3,781
with a population of fifty thousand or less; 3,782
(2) It has inside seating capacity for at least one 3,784
hundred forty persons; 3,785
(3) It has at least five thousand square feet of floor 3,787
area; 3,788
(4) It offers full-course meals, appetizers, and 3,790
sandwiches; 3,791
(5) Its receipts from beer and liquor sales do not exceed 3,793
twenty-five per cent of its total gross receipts; 3,794
(6) The value of its real and personal property exceeds 3,796
nine hundred twenty-five thousand dollars. 3,798
The holder of a D-5i permit shall cause an independent 3,800
audit to be performed at the end of one full year of operation 3,801
following issuance of the permit, in order to verify the 3,802
requirements of division (I)(5) of this section. The results of 3,803
the independent audit shall be transmitted to the division. Upon 3,805
determining that the receipts of the holder from beer and liquor 3,806
sales exceeded twenty-five per cent of its total gross receipts, 3,807
the division shall suspend the permit of the permit holder under 3,809
section 4301.25 of the Revised Code and may allow the permit 3,810
holder to elect a forfeiture under section 4301.252 of the 3,811
Revised Code.
The holder of a D-5i permit may sell beer and any 3,813
intoxicating liquor at retail, only by the individual drink in 3,814
glass and from the container, for consumption on the premises 3,815
82
where sold, and may sell the same products in the same manner and 3,816
amounts not for consumption on the premises where sold as may be 3,817
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 3,818
permit shall sell no beer or intoxicating liquor for consumption 3,819
on the premises where sold after two-thirty a.m. In addition to 3,820
the privileges authorized in division (I) of this section, the 3,821
holder of a D-5i permit may exercise the same privileges as the 3,822
holder of a D-5 permit. 3,823
A D-5i permit shall not be transferred to another location. 3,825
The division of liquor control shall not renew a D-5i permit 3,827
unless the food service operation for which it is issued 3,828
continues to meet the requirements described in divisions (I)(1) 3,829
to (6) of this section. No quota restrictions shall be placed on 3,830
the number of D-5i permits that may be issued. The fee for this 3,831
permit is one thousand eight hundred seventy-five dollars. 3,832
Sec. 4303.182. Except as otherwise provided in this 3,842
section, permit D-6 shall be issued to the holder of an A-1-A, 3,843
A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, 3,844
D-5f, D-5g, D-5h, D-5i, or D-7 permit to allow sale under such 3,845
permit between the hours of one p.m. and midnight on Sunday, if 3,846
such sale has been authorized under section 4301.361 of the 3,847
Revised Code and under the restrictions of such authorization. 3,848
Permit D-6 shall be issued to the holder of any permit, including 3,849
a D-4a and D-5d permit, authorizing the sale of intoxicating 3,850
liquor issued for a premises located at any publicly owned 3,851
airport, as defined in section 4563.01 of the Revised Code, at 3,852
which commercial airline companies operate regularly scheduled 3,853
flights on which space is available to the public, to allow sale 3,854
under such permit between the hours of one p.m. and midnight on 3,855
Sunday, whether or not such sale has been authorized under 3,856
section 4301.361 of the Revised Code. Permit D-6 shall be issued 3,857
to the holder of a D-5a permit, and to the holder of a D-3 or 3,858
D-3a permit who is the owner or operator of a hotel or motel 3,859
required to be licensed under section 3731.03 of the Revised Code 3,860
83
containing at least fifty rooms for registered transient guests 3,861
and which has on its premises a restaurant licensed pursuant to 3,862
section 3732.03 3717.43 of the Revised Code affiliated with the 3,864
hotel or motel and within or contiguous to the hotel or motel and 3,865
serving food within the hotel or motel, to allow sale under such 3,866
permit between the hours of one p.m. and midnight on Sunday, 3,867
whether or not such sale has been authorized under section 3,868
4301.361 of the Revised Code.
If the restriction to licensed premises where the sale of 3,871
food and other goods and services exceeds fifty per cent of the 3,872
total gross receipts of the permit holder at the premises is 3,873
applicable, the division of liquor control may accept an 3,874
affidavit from the permit holder to show the proportion of the 3,875
permit holder's gross receipts derived from the sale of food and 3,876
other goods and services. If the liquor control commission 3,877
determines such affidavit to have been false, it shall revoke the 3,878
permits of the permit holder at the premises concerned. 3,879
The fee for the D-6 permit is two hundred fifty dollars 3,882
when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, 3,883
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, 3,884
D-5i, or D-7 permit. The fee for the D-6 permit is two hundred 3,885
dollars when it is issued to the holder of a C-2 permit. 3,886
Sec. 4303.183. Permit D-7 may be issued to the holder of 3,896
any D-2 permit issued by the division of liquor control, or if 3,898
there is an insufficient number of D-2 permit holders to fill the 3,899
resort quota, to the operator of a food service operation 3,900
required to be licensed under section 3732.03 3717.43 of the 3,901
Revised Code and which qualifies under the other requirements of 3,903
this section, to sell beer and any intoxicating liquor at retail, 3,904
only by the individual drink in glass and from the container, for 3,905
consumption on the premises where sold. Not less than fifty per 3,906
cent of the business on the permit premises shall be preparing 3,907
and serving meals for a consideration in order to qualify for and 3,908
continue to hold such D-7 permit. The permit premises shall be 3,909
84
located in a resort area.
"Resort area" means a municipal corporation, township, 3,912
county, or any combination thereof, which provides entertainment, 3,913
recreation, and transient housing facilities specifically 3,914
intended to provide leisure time activities for persons other 3,915
than those whose permanent residence is within the "resort area" 3,916
and who increase the population of the "resort area" on a 3,917
seasonal basis, and which experiences seasonal peaks of 3,918
employment and governmental services as a direct result of 3,919
population increase generated by the transient, recreating 3,920
public. A resort season shall begin on the first day of May and 3,921
end on the last day of October. Notwithstanding section 4303.27 3,922
of the Revised Code, such permits may be issued for resort 3,923
seasons without regard to the calendar year or permit year. 3,924
Quota restrictions on the number of such permits shall take into 3,925
consideration the transient population during the resort season, 3,926
the custom and habits of visitors and tourists, and the promotion 3,927
of the resort and tourist industry. The fee for this permit is 3,928
three hundred seventy-five dollars per month.
Any suspension of a D-7 permit shall be satisfied during 3,931
the resort season in which such suspension becomes final. If 3,932
such suspension becomes final during the off-season, or if the 3,933
period of the suspension extends beyond the last day of October, 3,934
the suspension or remainder thereof shall be satisfied during the 3,935
next resort season.
The ownership of a D-7 permit may be transferred from one 3,938
permit holder to another. The holder of a D-7 permit may file an 3,939
application to transfer such permit to a new location within the 3,940
same resort area, provided that such permit holder shall be the 3,941
owner or operator of a food service operation, required to be 3,942
licensed under section 3732.03 3717.43 of the Revised Code, at 3,944
such new location.
Sec. 4736.01. As used in sections 4736.01 to 4736.16 of 3,953
the Revised Code THIS CHAPTER: 3,954
85
(A) "Environmental health science" means the aspect of 3,956
public health science that includes, but is not limited to, the 3,957
following bodies of knowledge: air quality, food quality and 3,958
protection, hazardous and toxic substances, consumer product 3,959
safety, housing, institutional health and safety, community noise 3,960
control, radiation protection, recreational facilities, solid and 3,961
liquid waste management, vector control, drinking water quality, 3,962
milk sanitation, and rabies control. 3,963
(B) "Sanitarian" means a person who performs for 3,965
compensation educational, investigational, technical, or 3,966
administrative duties requiring specialized knowledge and skills 3,967
in the field of environmental health science. 3,968
(C) "Registered sanitarian" means a person who is 3,970
registered as a sanitarian in accordance with Chapter 4736. of 3,971
the Revised Code. 3,972
(D) "Sanitarian-in-training" means a person who is 3,974
registered as a sanitarian-in-training in accordance with Chapter 3,975
4736. of the Revised Code. 3,976
(E) "Practice of environmental health" means consultation, 3,978
instruction, investigation, inspection, or evaluation by an 3,979
employee of a city health district, a general health district, 3,980
the Ohio environmental protection agency, the department of 3,981
health, or the department of agriculture requiring specialized 3,982
knowledge, training, and experience in the field of environmental 3,983
health science, with the primary purpose of improving or 3,984
conducting administration or enforcement under any of the 3,985
following: 3,986
(1) Chapter 911., 913., 917., 3717., 3721., 3732., or 3,988
3733. of the Revised Code; 3,989
(2) Chapter 3734. of the Revised Code as it pertains to 3,991
solid waste; 3,992
(3) Section 955.26, 3701.344, 3707.01, or 3707.03, 3,994
sections 3707.33 to 3707.99, or section 3715.21 of the Revised 3,996
Code;
86
(4) Rules adopted under section 3701.34 of the Revised 3,998
Code pertaining to home sewage, rabies control, or swimming 3,999
pools. 4,000
"Practice of environmental health" does not include 4,002
sampling, testing, controlling of vectors, reporting of 4,003
observations, or other duties that do not require application of 4,004
specialized knowledge and skills in environmental health science 4,005
performed under the supervision of a registered sanitarian. 4,006
The state board of sanitarian registration may further 4,008
define environmental health science in relation to specific 4,009
functions in the practice of environmental health through rules 4,010
adopted by the board under Chapter 119. of the Revised Code. 4,011
Sec. 4745.01. (A) "Standard renewal procedure," as used 4,020
in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., 4,021
927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731., 4,022
3742., 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4,023
4169., 4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4,024
4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4,025
4741., 4747., 4749., 4753., 4755., 4757., 4759., 4761., 4766., 4,026
4773., and 4775. of the Revised Code, means the license renewal 4,027
procedures specified in this chapter. 4,028
(B) "Licensing agency," as used in this chapter, means any 4,030
department, division, board, section of a board, or other state 4,031
governmental unit subject to the standard renewal procedure, as 4,032
defined in this section, and authorized by the Revised Code to 4,033
issue a license to engage in a specific profession, occupation, 4,034
or occupational activity, or to have charge of and operate 4,035
certain specified equipment, machinery, or premises. 4,036
(C) "License," as used in this chapter, means a license, 4,038
certificate, permit, card, or other authority issued or conferred 4,039
by a licensing agency by authority of which the licensee has or 4,040
claims the privilege to engage in the profession, occupation, or 4,041
occupational activity, or to have control of and operate certain 4,042
specific equipment, machinery, or premises, over which the 4,043
87
licensing agency has jurisdiction. 4,044
(D) "Licensee," as used in this chapter, means either the 4,046
person to whom the license is issued or renewed by a licensing 4,047
agency, or the person, partnership, or corporation at whose 4,048
request the license is issued or renewed. 4,049
(E) "Renewal" and "renewed," as used in this chapter and 4,051
in the chapters of the Revised Code specified in division (A) of 4,052
this section, includes the continuing licensing procedure 4,053
provided in Chapter 3748. of the Revised Code and rules adopted 4,055
under it and in sections 1321.05 and 3921.33 of the Revised Code, 4,056
and as applied to those continuing licenses any reference in this 4,058
chapter to the date of expiration of any license shall be 4,059
construed to mean the due date of the annual or other fee for the 4,060
continuing license.
Sec. 5104.05. (A) The director of human services shall 4,069
issue a provisional license or license or renew a license for the 4,070
operation of a child day-care center, if he THE DIRECTOR finds, 4,071
after investigation of the applicant and inspection of the 4,073
center, that other requirements of Chapter 5104. of the Revised 4,074
Code, rules promulgated pursuant to Chapter 5104. of the Revised 4,075
Code, and the following requirements are met: 4,076
(1) The buildings in which the center is housed, 4,078
subsequent to any major modification, have been approved by the 4,079
department of commerce or a certified municipal, township, or 4,081
county building department for the purpose of operating a child 4,082
day-care center. Any structure used for the operation of a 4,083
center shall be constructed, equipped, repaired, altered, and 4,084
maintained in accordance with applicable provisions of Chapters 4,085
3781. and 3791. of the Revised Code and with regulations adopted 4,086
by the board of building standards under Chapter 3781. of the 4,087
Revised Code and this division for the safety and sanitation of 4,088
structures erected for this purpose.
(2) The state fire marshal or the fire chief or fire 4,090
prevention officer of the municipal corporation or township in 4,091
88
which the center is located has inspected the center annually 4,092
within the preceding license period and has found the center to 4,093
be in compliance with rules promulgated by the fire marshal 4,094
pursuant to section 3737.83 of the Revised Code regarding fire 4,095
prevention and fire safety in a child day-care center. 4,096
(3) The center has received from the board of health of 4,098
the health district in which it is located or the state 4,099
department of health a current FOOD SERVICE OPERATION license 4,101
permitting the preparation or serving of meals or lunches, as 4,102
provided in UNDER Chapter 3732 3717. of the Revised Code and any 4,105
relevant regulations adopted by the public health council. If a 4,106
meal is IF MEALS ARE to be served to children other than children 4,108
of the licensee or administrator, the preparation and serving of 4,109
food in a child day-care center is included in the meaning of 4,110
"food service operation" under section 3732.01 of the Revised 4,111
Code, whether or not a consideration is received for such food 4,112
THE MEALS.
(B) The director of human services shall issue a 4,114
provisional license or license or renew a license for the 4,115
operation of a type A family day-care home, if he THE DIRECTOR 4,116
finds, after investigation of the applicant and inspection of the 4,118
type A home, that other requirements of Chapter 5104. of the 4,119
Revised Code, rules promulgated pursuant to Chapter 5104. of the 4,120
Revised Code, and the following requirements are met: 4,121
(1) The state fire marshal or the fire chief or fire 4,123
prevention officer of the municipal corporation or township in 4,124
which the type A family day-care home is located has inspected 4,125
the type A home annually within the preceding license period and 4,126
has found the type A home to be in compliance with rules 4,127
promulgated by the fire marshal pursuant to section 3737.83 of 4,128
the Revised Code regarding fire prevention and fire safety in a 4,129
type A home. 4,130
(2) The type A home is in compliance with rules set by the 4,132
director of human services in cooperation with the director of 4,133
89
health pursuant to section 3701.80 of the Revised Code regarding 4,134
meal preparation and meal service in the home. The director of 4,135
human services, in accordance with procedures recommended by the 4,136
director of health, shall inspect each type A home to determine 4,137
compliance with those rules. 4,138
(3) The type A home is in compliance with rules 4,140
promulgated by the director of human services in cooperation with 4,141
the board of building standards regarding safety and sanitation 4,142
pursuant to section 3781.10 of the Revised Code. 4,143
Sec. 5104.051. (A)(1) The department of commerce is 4,152
responsible for the inspections of child day-care centers as 4,154
required by division (A)(1) of section 5104.05 of the Revised 4,155
Code. Where there is a municipal, township, or county building 4,156
department certified under section 3781.10 of the Revised Code to 4,157
exercise enforcement authority with respect to the category of 4,158
building occupancy which includes day-care centers, all 4,159
inspections required under division (A)(1) of section 5104.05 of 4,160
the Revised Code shall be made by that department according to 4,161
the standards established by the board of building standards. 4,162
Inspections in areas of the state where there is no municipal, 4,163
township, or county building department certified under section 4,164
3781.10 of the Revised Code to exercise enforcement authority 4,165
with respect to the category of building occupancy which includes 4,166
day-care centers shall be made by personnel of the department of 4,167
commerce. Inspections of centers shall be contingent upon 4,169
payment of a fee by the applicant to the department having 4,170
jurisdiction to inspect.
(2) The department of commerce is responsible for the 4,173
inspections of type A family day-care homes as required by 4,174
division (B)(3) of section 5104.05 of the Revised Code. Where
there is a municipal, township, or county building department 4,175
certified under section 3781.10 of the Revised Code to exercise 4,176
enforcement authority with respect to the category of building 4,177
occupancy which includes type A homes, all inspections required 4,178
90
under division (B)(3) of section 5104.05 of the Revised Code 4,179
shall be made by that department according to the standards 4,180
established by the board of building standards. Inspections in 4,181
areas of the state where there is no municipal, township, or 4,182
county building department certified under section 3781.10 of the 4,183
Revised Code to exercise enforcement authority with respect to 4,184
the category of building occupancy which includes type A homes 4,185
shall be made by personnel of the department of commerce. 4,187
Inspections of type A homes shall be contingent upon payment of a 4,189
fee by the applicant to the department having jurisdiction to 4,190
inspect.
(B) The state fire marshal is responsible for the 4,192
inspections required by divisions (A)(2) and (B)(1) of section 4,193
5104.05 of the Revised Code. In municipal corporations and in 4,194
townships outside municipal corporations where there is a fire 4,195
prevention official, the inspections shall be made by the fire 4,196
chief or the fire prevention official under the supervision of 4,197
and according to the standards established by the state fire 4,198
marshal. In townships outside municipal corporations where there 4,199
is no fire prevention official, inspections shall be made by the 4,200
employees of the state fire marshal. 4,201
(C) The fire marshal shall enforce all statutes and rules 4,203
pertaining to fire safety and fire prevention in child day-care 4,204
centers and type A family day-care homes. In the event of a 4,205
dispute between the marshal and any other responsible officer 4,206
under sections 5104.05 and 5104.051 of the Revised Code with 4,207
respect to the interpretation or application of a specific fire 4,208
safety statute or rule, the interpretation of the marshal shall 4,209
prevail. 4,210
(D) As used in this division, "licensor" has the same 4,212
meaning as in section 3732.01 3717.01 of the Revised Code. 4,213
The licensor for FOOD SERVICE OPERATIONS IN the city or 4,215
general health district in which the center is located is 4,216
responsible for the inspections required under Chapter 3732 3717. 4,217
91
of the Revised Code.
(E) Any moneys collected by the department of commerce 4,219
under this section shall be paid into the state treasury to the 4,220
credit of the industrial compliance operating fund created in 4,221
section 121.084 of the Revised Code. 4,222
Sec. 5739.02. For the purpose of providing revenue with 4,231
which to meet the needs of the state, for the use of the general 4,232
revenue fund of the state, for the purpose of securing a thorough 4,233
and efficient system of common schools throughout the state, for 4,234
the purpose of affording revenues, in addition to those from 4,235
general property taxes, permitted under constitutional 4,236
limitations, and from other sources, for the support of local 4,237
governmental functions, and for the purpose of reimbursing the 4,238
state for the expense of administering this chapter, an excise 4,239
tax is hereby levied on each retail sale made in this state. 4,240
(A) The tax shall be collected pursuant to the schedules 4,242
in section 5739.025 of the Revised Code. 4,243
The tax applies and is collectible when the sale is made, 4,245
regardless of the time when the price is paid or delivered. 4,246
In the case of a sale, the price of which consists in whole 4,248
or in part of rentals for the use of the thing transferred, the 4,249
tax, as regards such rentals, shall be measured by the 4,250
installments thereof. 4,251
In the case of a sale of a service defined under division 4,253
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 4,254
which consists in whole or in part of a membership for the 4,255
receipt of the benefit of the service, the tax applicable to the 4,256
sale shall be measured by the installments thereof. 4,257
(B) The tax does not apply to the following: 4,259
(1) Sales to the state or any of its political 4,261
subdivisions, or to any other state or its political subdivisions 4,262
if the laws of that state exempt from taxation sales made to this 4,263
state and its political subdivisions; 4,264
(2) Sales of food for human consumption off the premises 4,266
92
where sold; 4,267
(3) Sales of food sold to students only in a cafeteria, 4,269
dormitory, fraternity, or sorority maintained in a private, 4,270
public, or parochial school, college, or university; 4,271
(4) Sales of newspapers, and of magazine subscriptions 4,273
shipped by second class mail, and sales or transfers of magazines 4,274
distributed as controlled circulation publications; 4,275
(5) The furnishing, preparing, or serving of meals without 4,277
charge by an employer to an employee provided the employer 4,278
records the meals as part compensation for services performed or 4,279
work done; 4,280
(6) Sales of motor fuel upon receipt, use, distribution, 4,283
or sale of which in this state a tax is imposed by the law of 4,284
this state, but this exemption shall not apply to the sale of 4,285
motor fuel on which a refund of the tax is allowable under 4,286
section 5735.14 of the Revised Code; and the tax commissioner may 4,287
deduct the amount of tax levied by this section applicable to the 4,288
price of motor fuel when granting a refund of motor fuel tax 4,289
pursuant to section 5735.14 of the Revised Code and shall cause 4,290
the amount deducted to be paid into the general revenue fund of 4,291
this state;
(7) Sales of natural gas by a natural gas company, of 4,293
electricity by an electric company, of water by a water-works 4,294
company, or of steam by a heating company, if in each case the 4,295
thing sold is delivered to consumers through wires, pipes, or 4,296
conduits, and all sales of communications services by a telephone 4,297
or telegraph company, all terms as defined in section 5727.01 of 4,298
the Revised Code; 4,299
(8) Casual sales by a person, or auctioneer employed 4,301
directly by the person to conduct such sales, except as to such 4,303
sales of motor vehicles, watercraft or outboard motors required 4,304
to be titled under section 1548.06 of the Revised Code, 4,305
watercraft documented with the United States coast guard, 4,306
snowmobiles, and all-purpose vehicles as defined in section 4,307
93
4519.01 of the Revised Code; 4,308
(9) Sales of services or tangible personal property, other 4,310
than motor vehicles, mobile homes, and manufactured homes, by 4,312
churches or by nonprofit organizations operated exclusively for 4,313
charitable purposes as defined in division (B)(12) of this 4,314
section, provided that the number of days on which such tangible 4,315
personal property or services, other than items never subject to 4,316
the tax, are sold does not exceed six in any calendar year. If 4,317
the number of days on which such sales are made exceeds six in 4,318
any calendar year, the church or organization shall be considered 4,319
to be engaged in business and all subsequent sales by it shall be 4,320
subject to the tax. In counting the number of days, all sales by 4,321
groups within a church or within an organization shall be 4,322
considered to be sales of that church or organization, except 4,323
that sales made by separate student clubs and other groups of 4,324
students of a primary or secondary school, and sales made by a 4,325
parent-teacher association, booster group, or similar 4,326
organization that raises money to support or fund curricular or 4,327
extracurricular activities of a primary or secondary school, 4,328
shall not be considered to be sales of such school, and sales by 4,329
each such club, group, association, or organization shall be 4,330
counted separately for purposes of the six-day limitation. This 4,331
division does not apply to sales by a noncommercial educational 4,332
radio or television broadcasting station. 4,333
(10) Sales not within the taxing power of this state under 4,335
the Constitution of the United States; 4,336
(11) The transportation of persons or property, unless the 4,338
transportation is by a private investigation and security 4,339
service; 4,340
(12) Sales of tangible personal property or services to 4,342
churches, to organizations exempt from taxation under section 4,343
501(c)(3) of the Internal Revenue Code of 1986, and to any other 4,344
nonprofit organizations operated exclusively for charitable 4,345
purposes in this state, no part of the net income of which inures 4,346
94
to the benefit of any private shareholder or individual, and no 4,347
substantial part of the activities of which consists of carrying 4,348
on propaganda or otherwise attempting to influence legislation; 4,349
sales to offices administering one or more homes for the aged or 4,350
one or more hospital facilities exempt under section 140.08 of 4,351
the Revised Code; and sales to organizations described in 4,352
division (D) of section 5709.12 of the Revised Code. 4,353
"Charitable purposes" means the relief of poverty; the 4,355
improvement of health through the alleviation of illness, 4,356
disease, or injury; the operation of an organization exclusively 4,358
for the provision of professional, laundry, printing, and 4,359
purchasing services to hospitals or charitable institutions; the 4,361
operation of a home for the aged, as defined in section 5701.13 4,362
of the Revised Code; the operation of a radio or television 4,363
broadcasting station that is licensed by the federal 4,364
communications commission as a noncommercial educational radio or 4,365
television station; the operation of a nonprofit animal adoption 4,367
service or a county humane society; the promotion of education by 4,368
an institution of learning that maintains a faculty of qualified 4,369
instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific 4,370
curriculum; the operation of a parent teacher association, 4,371
booster group, or similar organization primarily engaged in the 4,372
promotion and support of the curricular or extracurricular 4,373
activities of a primary or secondary school; the operation of a 4,374
community or area center in which presentations in music, 4,375
dramatics, the arts, and related fields are made in order to 4,376
foster public interest and education therein; the production of 4,377
performances in music, dramatics, and the arts; or the promotion 4,379
of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological 4,380
knowledge and information primarily for the public. 4,381
Nothing in this division shall be deemed to exempt sales to 4,383
any organization for use in the operation or carrying on of a 4,384
95
trade or business, or sales to a home for the aged for use in the 4,385
operation of independent living facilities as defined in division 4,386
(A) of section 5709.12 of the Revised Code. 4,387
(13) Building and construction materials and services sold 4,389
to construction contractors for incorporation into a structure or 4,390
improvement to real property under a construction contract with 4,391
this state or a political subdivision thereof, or with the United 4,392
States government or any of its agencies; building and 4,393
construction materials and services sold to construction 4,394
contractors for incorporation into a structure or improvement to 4,395
real property that are accepted for ownership by this state or 4,397
any of its political subdivisions, or by the United States 4,398
government or any of its agencies at the time of completion of 4,399
such structures or improvements; building and construction 4,400
materials sold to construction contractors for incorporation into 4,401
a horticulture structure or livestock structure for a person 4,402
engaged in the business of horticulture or producing livestock; 4,403
building materials and services sold to a construction contractor 4,404
for incorporation into a house of public worship or religious 4,405
education, or a building used exclusively for charitable purposes 4,406
under a construction contract with an organization whose purpose 4,407
is as described in division (B)(12) of this section; building and 4,408
construction materials sold for incorporation into the original 4,409
construction of a sports facility under section 307.696 of the 4,410
Revised Code; and building and construction materials and 4,411
services sold to a construction contractor for incorporation into 4,412
real property outside this state if such materials and services, 4,413
when sold to a construction contractor in the state in which the 4,414
real property is located for incorporation into real property in 4,415
that state, would be exempt from a tax on sales levied by that 4,416
state; 4,417
(14) Sales of ships or vessels or rail rolling stock used 4,419
or to be used principally in interstate or foreign commerce, and 4,420
repairs, alterations, fuel, and lubricants for such ships or 4,421
96
vessels or rail rolling stock; 4,422
(15) Sales to persons engaged in any of the activities 4,424
mentioned in division (E)(2) or (9) of section 5739.01 of the 4,425
Revised Code, to persons engaged in making retail sales, or to 4,426
persons who purchase for sale from a manufacturer tangible 4,427
personal property that was produced by the manufacturer in 4,428
accordance with specific designs provided by the purchaser, of 4,429
packages, including material and parts for packages, and of 4,430
machinery, equipment, and material for use primarily in packaging 4,431
tangible personal property produced for sale by or on the order 4,432
of the person doing the packaging, or sold at retail. "Packages" 4,433
includes bags, baskets, cartons, crates, boxes, cans, bottles, 4,434
bindings, wrappings, and other similar devices and containers, 4,435
and "packaging" means placing therein. 4,436
(16) Sales of food to persons using food stamp coupons to 4,438
purchase the food. As used in division (B)(16) of this section, 4,439
"food" has the same meaning as in the "Food Stamp Act of 1977," 4,440
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 4,441
adopted pursuant to that act. 4,442
(17) Sales to persons engaged in farming, agriculture, 4,444
horticulture, or floriculture, of tangible personal property for 4,445
use or consumption directly in the production by farming, 4,446
agriculture, horticulture, or floriculture of other tangible 4,447
personal property for use or consumption directly in the 4,448
production of tangible personal property for sale by farming, 4,449
agriculture, horticulture, or floriculture; or material and parts 4,450
for incorporation into any such tangible personal property for 4,451
use or consumption in production; and of tangible personal 4,452
property for such use or consumption in the conditioning or 4,453
holding of products produced by and for such use, consumption, or 4,454
sale by persons engaged in farming, agriculture, horticulture, or 4,455
floriculture, except where such property is incorporated into 4,456
real property; 4,457
(18) Sales of drugs dispensed by a licensed pharmacist 4,460
97
upon the order of a licensed health professional authorized to 4,462
prescribe drugs to a human being, as the term "licensed health
professional authorized to prescribe drugs" is defined in section 4,463
4729.01 of the Revised Code; insulin as recognized in the 4,465
official United States pharmacopoeia; urine and blood testing 4,466
materials when used by diabetics or persons with hypoglycemia to 4,467
test for glucose or acetone; hypodermic syringes and needles when 4,468
used by diabetics for insulin injections; epoetin alfa when 4,469
purchased for use in the treatment of persons with end-stage 4,470
renal disease; hospital beds when purchased for use by persons 4,472
with medical problems for medical purposes; and oxygen and 4,473
oxygen-dispensing equipment when purchased for use by persons 4,474
with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast 4,476
prostheses, and other prosthetic devices for humans; braces or 4,477
other devices for supporting weakened or nonfunctioning parts of 4,478
the human body; wheelchairs; devices used to lift wheelchairs 4,479
into motor vehicles and parts and accessories to such devices; 4,480
crutches or other devices to aid human perambulation; and items 4,481
of tangible personal property used to supplement impaired 4,482
functions of the human body such as respiration, hearing, or 4,483
elimination. No exemption under this division shall be allowed 4,484
for nonprescription drugs, medicines, or remedies; items or 4,485
devices used to supplement vision; items or devices whose 4,486
function is solely or primarily cosmetic; or physical fitness 4,487
equipment. This division does not apply to sales to a physician 4,488
or medical facility for use in the treatment of a patient. 4,489
(20) Sales of emergency and fire protection vehicles and 4,491
equipment to nonprofit organizations for use solely in providing 4,492
fire protection and emergency services for political subdivisions 4,493
of the state; 4,494
(21) Sales of tangible personal property manufactured in 4,496
this state, if sold by the manufacturer in this state to a 4,497
retailer for use in the retail business of the retailer outside 4,498
98
of this state and if possession is taken from the manufacturer by 4,500
the purchaser within this state for the sole purpose of 4,501
immediately removing the same from this state in a vehicle owned 4,502
by the purchaser;
(22) Sales of services provided by the state or any of its 4,504
political subdivisions, agencies, instrumentalities, 4,505
institutions, or authorities, or by governmental entities of the 4,506
state or any of its political subdivisions, agencies, 4,507
instrumentalities, institutions, or authorities; 4,508
(23) Sales of motor vehicles to nonresidents of this state 4,510
upon the presentation of an affidavit executed in this state by 4,511
the nonresident purchaser affirming that the purchaser is a 4,512
nonresident of this state, that possession of the motor vehicle 4,513
is taken in this state for the sole purpose of immediately 4,514
removing it from this state, that the motor vehicle will be 4,515
permanently titled and registered in another state, and that the 4,516
motor vehicle will not be used in this state; 4,517
(24) Sales to persons engaged in the preparation of eggs 4,519
for sale of tangible personal property used or consumed directly 4,520
in such preparation, including such tangible personal property 4,521
used for cleaning, sanitizing, preserving, grading, sorting, and 4,522
classifying by size; packages, including material and parts for 4,523
packages, and machinery, equipment, and material for use in 4,524
packaging eggs for sale; and handling and transportation 4,525
equipment and parts therefor, except motor vehicles licensed to 4,526
operate on public highways, used in intraplant or interplant 4,527
transfers or shipment of eggs in the process of preparation for 4,528
sale, when the plant or plants within or between which such 4,529
transfers or shipments occur are operated by the same person. 4,530
"Packages" includes containers, cases, baskets, flats, fillers, 4,531
filler flats, cartons, closure materials, labels, and labeling 4,532
materials, and "packaging" means placing therein. 4,533
(25)(a) Sales of water to a consumer for residential use, 4,535
except the sale of bottled water, distilled water, mineral water, 4,536
99
carbonated water, or ice; 4,537
(b) Sales of water by a nonprofit corporation engaged 4,539
exclusively in the treatment, distribution, and sale of water to 4,540
consumers, if such water is delivered to consumers through pipes 4,541
or tubing. 4,542
(26) Fees charged for inspection or reinspection of motor 4,544
vehicles under section 3704.14 of the Revised Code; 4,545
(27) Sales of solar, wind, or hydrothermal energy systems 4,547
that meet the guidelines established under division (B) of 4,548
section 1551.20 of the Revised Code, components of such systems 4,549
that are identified under division (B) or (D) of that section, or 4,550
charges for the installation of such systems or components, made 4,551
during the period from August 14, 1979, through December 31, 4,552
1985; 4,553
(28) Sales to persons licensed to conduct a food service 4,555
operation pursuant to section 3732.03 3717.43 of the Revised 4,556
Code, of tangible personal property primarily used directly for 4,558
the following:
(a) To prepare food for human consumption for sale; 4,560
(b) To preserve food that has been or will be prepared for 4,563
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 4,564
selection by the consumer; 4,565
(c) To clean tangible personal property used to prepare or 4,567
serve food for human consumption for sale. 4,568
(29) Sales of animals by nonprofit animal adoption 4,570
services or county humane societies; 4,571
(30) Sales of services to a corporation described in 4,573
division (A) of section 5709.72 of the Revised Code, and sales of 4,574
tangible personal property that qualifies for exemption from 4,575
taxation under section 5709.72 of the Revised Code; 4,576
(31) Sales and installation of agricultural land tile, as 4,578
defined in division (B)(5)(a) of section 5739.01 of the Revised 4,579
Code; 4,580
100
(32) Sales and erection or installation of portable grain 4,582
bins, as defined in division (B)(5)(b) of section 5739.01 of the 4,583
Revised Code; 4,584
(33) The sale, lease, repair, and maintenance of; parts 4,586
for; or items attached to or incorporated in motor vehicles that 4,587
are primarily used for transporting tangible personal property by 4,588
a person engaged in highway transportation for hire; 4,589
(34) Sales to the state headquarters of any veterans' 4,591
organization in Ohio that is either incorporated and issued a 4,592
charter by the congress of the United States or is recognized by 4,593
the United States veterans administration, for use by the 4,594
headquarters; 4,595
(35) Sales to a telecommunications service vendor of 4,597
tangible personal property and services used directly and 4,598
primarily in transmitting, receiving, switching, or recording any 4,599
interactive, two-way electromagnetic communications, including 4,600
voice, image, data, and information, through the use of any 4,601
medium, including, but not limited to, poles, wires, cables, 4,602
switching equipment, computers, and record storage devices and 4,603
media, and component parts for the tangible personal property. 4,604
The exemption provided in division (B)(35) of this section shall 4,605
be in lieu of all other exceptions under division (E)(2) of 4,606
section 5739.01 of the Revised Code to which a telecommunications 4,607
service vendor may otherwise be entitled based upon the use of 4,608
the thing purchased in providing the telecommunications service. 4,609
(36) Sales of investment metal bullion and investment 4,611
coins. "Investment metal bullion" means any elementary precious 4,612
metal that has been put through a process of smelting or 4,613
refining, including, but not limited to, gold, silver, platinum, 4,614
and palladium, and which is in such state or condition that its 4,615
value depends upon its content and not upon its form. 4,616
"Investment metal bullion" does not include fabricated precious 4,617
metal that has been processed or manufactured for one or more 4,619
specific and customary industrial, professional, or artistic 4,620
101
uses. "Investment coins" means numismatic coins or other forms 4,621
of money and legal tender manufactured of gold, silver, platinum, 4,622
palladium, or other metal under the laws of the United States or 4,623
any foreign nation with a fair market value greater than any 4,624
statutory or nominal value of such coins. 4,625
(37)(a) Sales where the purpose of the consumer is to use 4,627
or consume the things transferred in making retail sales and 4,628
consisting of newspaper inserts, catalogues, coupons, flyers, 4,629
gift certificates, or other advertising material that prices and 4,631
describes tangible personal property offered for retail sale. 4,632
(b) Sales to direct marketing vendors of preliminary 4,634
materials such as photographs, artwork, and typesetting that will 4,635
be used in printing advertising material; of printed matter that 4,636
offers free merchandise or chances to win sweepstake prizes and 4,637
that is mailed to potential customers with advertising material 4,638
described in division (B)(37)(a) of this section; and of 4,639
equipment such as telephones, computers, facsimile machines, and 4,640
similar tangible personal property primarily used to accept 4,641
orders for direct marketing retail sales. 4,642
(c) Sales of automatic food vending machines that preserve 4,644
food with a shelf life of forty-five days or less by 4,645
refrigeration and dispense it to the consumer. 4,646
For purposes of division (B)(37) of this section, "direct 4,648
marketing" means the method of selling where consumers order 4,649
tangible personal property by United States mail, delivery 4,650
service, or telecommunication and the vendor delivers or ships 4,651
the tangible personal property sold to the consumer from a 4,652
warehouse, catalogue distribution center, or similar fulfillment 4,653
facility by means of the United States mail, delivery service, or 4,654
common carrier. 4,655
(38) Sales to a person engaged in the business of 4,657
horticulture or producing livestock of materials to be 4,658
incorporated into a horticulture structure or livestock 4,659
structure; 4,660
102
(39) The sale of a motor vehicle that is used exclusively 4,662
for a vanpool ridesharing arrangement to persons participating in 4,663
the vanpool ridesharing arrangement when the vendor is selling 4,664
the vehicle pursuant to a contract between the vendor and the 4,665
department of transportation;
(40) Sales of personal computers, computer monitors, 4,667
computer keyboards, modems, and other peripheral computer 4,668
equipment to an individual who is licensed or certified to teach 4,669
in an elementary or a secondary school in this state for use by 4,670
that individual in preparation for teaching elementary or
secondary school students; 4,671
(41) Sales to a professional racing team of any of the 4,673
following: 4,674
(a) Motor racing vehicles; 4,676
(b) Repair services for motor racing vehicles; 4,679
(c) Items of property that are attached to or incorporated 4,682
in motor racing vehicles, including engines, chassis, and all 4,683
other components of the vehicles, and all spare, replacement, and 4,684
rebuilt parts or components of the vehicles; except not including 4,685
tires, consumable fluids, paint, and accessories consisting of 4,686
instrumentation sensors and related items added to the vehicle to 4,687
collect and transmit data by means of telemetry and other forms 4,688
of communication.
(42) Sales of used manufactured homes and used mobile 4,690
homes, as defined in section 5739.0210 of the Revised Code, made 4,691
on or after January 1, 2000. 4,692
For the purpose of the proper administration of this 4,694
chapter, and to prevent the evasion of the tax, it is presumed 4,695
that all sales made in this state are subject to the tax until 4,696
the contrary is established. 4,697
As used in this section, except in division (B)(16) of this 4,699
section, "food" includes cereals and cereal products, milk and 4,700
milk products including ice cream, meat and meat products, fish 4,701
and fish products, eggs and egg products, vegetables and 4,702
103
vegetable products, fruits, fruit products, and pure fruit 4,703
juices, condiments, sugar and sugar products, coffee and coffee 4,704
substitutes, tea, and cocoa and cocoa products. It does not 4,705
include: spirituous or malt liquors; soft drinks; sodas and 4,706
beverages that are ordinarily dispensed at bars and soda 4,707
fountains or in connection therewith, other than coffee, tea, and 4,708
cocoa; root beer and root beer extracts; malt and malt extracts; 4,709
mineral oils, cod liver oils, and halibut liver oil; medicines, 4,710
including tonics, vitamin preparations, and other products sold 4,711
primarily for their medicinal properties; and water, including 4,712
mineral, bottled, and carbonated waters, and ice. 4,713
(C) The levy of an excise tax on transactions by which 4,715
lodging by a hotel is or is to be furnished to transient guests 4,716
pursuant to this section and division (B) of section 5739.01 of 4,717
the Revised Code does not prevent any of the following: 4,718
(1) A municipal corporation or township from levying an 4,720
excise tax for any lawful purpose not to exceed three per cent on 4,721
transactions by which lodging by a hotel is or is to be furnished 4,722
to transient guests in addition to the tax levied by this 4,723
section. If a municipal corporation or township repeals a tax 4,724
imposed under division (C)(1) of this section and a county in 4,725
which the municipal corporation or township has territory has a 4,726
tax imposed under division (C) of section 5739.024 of the Revised 4,727
Code in effect, the municipal corporation or township may not 4,728
reimpose its tax as long as that county tax remains in effect. A 4,729
municipal corporation or township in which a tax is levied under 4,730
division (B)(2) of section 351.021 of the Revised Code may not 4,731
increase the rate of its tax levied under division (C)(1) of this 4,732
section to any rate that would cause the total taxes levied under 4,733
both of those divisions to exceed three per cent on any lodging 4,734
transaction within the municipal corporation or township. 4,735
(2) A municipal corporation or a township from levying an 4,737
additional excise tax not to exceed three per cent on such 4,738
transactions pursuant to division (B) of section 5739.024 of the 4,739
104
Revised Code. Such tax is in addition to any tax imposed under 4,740
division (C)(1) of this section. 4,741
(3) A county from levying an excise tax pursuant to 4,743
division (A) of section 5739.024 of the Revised Code. 4,744
(4) A county from levying an excise tax not to exceed 4,746
three per cent of such transactions pursuant to division (C) of 4,747
section 5739.024 of the Revised Code. Such a tax is in addition 4,748
to any tax imposed under division (C)(3) of this section. 4,749
(5) A convention facilities authority, as defined in 4,751
division (A) of section 351.01 of the Revised Code, from levying 4,752
the excise taxes provided for in division (B) of section 351.021 4,753
of the Revised Code. 4,754
(6) A county from levying an excise tax not to exceed one 4,756
and one-half per cent of such transactions pursuant to division 4,757
(D) of section 5739.024 of the Revised Code. Such tax is in 4,758
addition to any tax imposed under division (C)(3) or (4) of this 4,759
section. 4,760
(7) A county from levying an excise tax not to exceed one 4,762
and one-half per cent of such transactions pursuant to division 4,763
(E) of section 5739.024 of the Revised Code. Such a tax is in 4,764
addition to any tax imposed under division (C)(3), (4), or (6) of 4,765
this section. 4,766
(D) The levy of this tax on retail sales of recreation and 4,768
sports club service shall not prevent a municipal corporation 4,769
from levying any tax on recreation and sports club dues or on any 4,770
income generated by recreation and sports club dues. 4,771
Sec. 5739.11. As used in this section "food service 4,780
operator" means a vendor who conducts a food service operation 4,781
under Chapter 3732 3717. of the Revised Code. 4,782
Each vendor shall keep complete and accurate records of 4,784
sales, together with a record of the tax collected on the sales, 4,785
which shall be the amount due under sections 5739.01 to 5739.31 4,786
of the Revised Code, and shall keep all invoices, bills of 4,787
lading, and other such pertinent documents. Alternatively, any 4,788
105
food service operator who has not been convicted under section 4,789
5739.99 of the Revised Code, with respect to the vendor's food 4,790
service operation, may keep a sample of primary sales records. 4,791
Such sample shall consist of all sales invoices, guest checks, 4,792
cash register tapes, and other such documents for each of 4,793
fourteen days in every calendar quarter. The specific days to be 4,794
included in the sample shall be determined by the tax 4,795
commissioner and entered in the commissioner's journal within ten 4,796
days after the close of every calendar quarter. The tax 4,797
commissioner shall notify each such operator registered pursuant 4,798
to section 5739.17 of the Revised Code who requests such 4,799
notification of the days to be included in each sample by the 4,800
last day of the month following the close of each calendar 4,801
quarter. The notice also shall contain a statement that 4,802
destruction of primary records for time periods other than the 4,803
specified sample period is optional and that some operators may 4,804
wish to keep all such records for four full years so as to be 4,805
able to clearly demonstrate that they have fully complied with 4,806
this chapter and Chapter 5741. of the Revised Code. The tax 4,807
commissioner shall further make such determination known through 4,808
a general news release. 4,809
Each vendor shall keep exemption certificates required to 4,811
be obtained under section 5739.03 of the Revised Code. If the 4,812
vendor makes sales not subject to the tax and not required to be 4,813
evidenced by an exemption certificate, the vendor's records shall 4,814
show the identity of the purchaser, if the sale was exempted by 4,815
reason of such identity, or the nature of the transaction if 4,816
exempted for any other reason. Vendors are not required to 4,817
differentiate in record-keeping between sales that are exempt 4,818
from taxation under division (B)(2) of section 5739.02 of the 4,819
Revised Code and those that are exempt under division (B)(16) of 4,820
that section. Such records and other documents required to be 4,821
kept by this section shall be open during business hours to the 4,822
inspection of the tax commissioner, and shall be preserved for a 4,823
106
period of four years, unless the commissioner, in writing, 4,824
consents to their destruction within that period, or by order 4,825
requires that they be kept longer. 4,826
Section 2. That existing sections 901.43, 911.01, 911.011, 4,828
911.02, 915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 4,829
3709.09, 3715.02, 3715.52, 3715.99, 3724.03, 3732.01, 3732.02, 4,830
3732.03, 3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.10, 4,832
3732.11, 3732.12, 3732.13, 3732.14, 3732.99, 4303.021, 4303.13, 4,833
4303.14, 4303.15, 4303.181, 4303.182, 4303.183, 4736.01, 4745.01, 4,834
5104.05, 5104.051, 5739.02, and 5739.11 and sections 3707.38, 4,835
3715.21, 3715.211, and 3732.07 of the Revised Code are hereby 4,836
repealed.
Section 3. Sections 3717.21, 3717.24, and 3717.44 of the 4,838
Revised Code, as enacted by this act, shall take effect February 4,840
1, 2001.
Section 4. Prior to the effective date of section 3717.21 4,843
of the Revised Code, the Director of Agriculture shall conduct a 4,844
preliminary survey, pursuant to section 3717.11 of the Revised 4,845
Code, of each board of health to determine whether the board is 4,846
qualified and has the capacity to administer and enforce the 4,847
provisions of Chapter 3717. of the Revised Code pertaining to 4,848
retail food establishments and to abide by the Ohio Uniform Food 4,849
Safety Code. If the director determines that a board is not 4,850
qualified or lacks the requisite capacity, the director shall 4,851
grant the board an opportunity to take corrective action. The 4,852
director shall notify the board of its deficiencies, specify the 4,853
corrective actions that must be taken, and specify a deadline by 4,854
which the board must complete the actions to receive the 4,855
director's approval under section 3717.11 of the Revised Code 4,856
when that section takes effect. 4,857
Section 5. Initial appointments to the Retail Food Safety 4,860
Advisory Council, created by section 3717.02 of the Revised Code, 4,862
shall be made by the Director of Agriculture and Director of 4,863
Health not later than 90 days after the effective date of this 4,864
107
act. When all members are appointed, the Director of Health 4,865
shall abolish the Food Service Advisory Board that the Director 4,866
of Health appointed pursuant to section 3732.02 of the Revised 4,868
Code, as that section existed before the effective date of this
act. 4,869
Section 6. (A) The Retail Food Safety Advisory Council, 4,871
created by section 3717.02 of the Revised Code, shall conduct a 4,872
five-year study for the following purposes: 4,873
(1) To determine whether the recommendations of the food 4,875
safety council created by Am. Sub. H.B. 113 of the 122nd General 4,876
Assembly have been implemented and, if implemented, the effects 4,877
of the implementation; 4,878
(2) To evaluate the level of food safety awareness of 4,880
consumers and their confidence in the state's food supply. 4,881
(B) On or before June 1, 2006, the Council shall complete 4,883
its study and issue a report of its findings and recommendations. 4,884
The report shall be submitted to the Speaker of the House of 4,885
Representatives, Minority Leader of the House of Representatives, 4,886
President of the Senate, and Minority Leader of the Senate. 4,887
Section 7. (A) The Director of Agriculture and the 4,889
Director of Health shall include, in the information their 4,890
departments maintain on the internet, electronic links to each 4,893
other's information and to a version of the Ohio Uniform Food
Safety Code maintained on the internet by the departments. The 4,895
Ohio Uniform Food Safety Code shall contain electronic links to 4,897
the Ohio Revised Code, Ohio Administrative Code, and any other 4,898
information maintained on the internet that the directors jointly 4,900
deem relevant.
(B) The Director of Agriculture and the Director of Health 4,902
shall study the feasibility of unifying the computer systems of 4,903
the Department of Agriculture and the Department of Health or 4,904
otherwise ensuring the compatibility of their respective computer 4,906
systems.