As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 223 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-PADGETT-D.MILLER-KRUPINSKI- 8
VERICH-CORBIN-MOTTLEY-DAMSCHRODER-MEAD-OPFER-EVANS-O'BRIEN- 9
SCHULER-PERZ-BARNES-AUSTRIA-BRADING-BARRETT-JAMES-MAIER- 10
FERDERBER-HARTNETT 11
_________________________________________________________________ 12
A B I L L
To amend sections 901.43, 911.01, 911.011, 911.02, 14
915.24, 2305.37, 3701.22, 3701.83, 3707.33, 15
3707.99, 3709.09, 3715.02, 3715.52, 3715.99, 16
3724.03, 3732.01, 3732.02, 3732.03, 3732.04, 17
3732.05, 3732.06, 3732.08, 3732.09, 3732.11, 18
3732.12, 3732.13, 3732.14, 3732.99, 4303.021,
4303.13, 4303.14, 4303.15, 4303.181, 4303.182, 19
4303.183, 4736.01, 4745.01, 5104.05, 5104.051, 20
5739.02, and 5739.11; to amend, for the purpose
of adopting new section numbers as indicated in 21
parentheses, sections 911.011 (911.021), 3732.01 22
(3717.01), 3732.02 (3717.51), 3732.03 (3717.43),
3732.04 (3717.45), 3732.05 (3717.46), 3732.06 24
(3717.12), 3732.08 (3717.47), 3732.09 (3717.11), 25
3732.10 (3717.13), 3732.11 (3717.49), 3732.12 26
(3717.50), 3732.13 (3717.52), 3732.14 (3717.09), 27
and 3732.99 (3717.99); to enact sections
3715.021, 3715.511, 3717.02 to 3717.08, 3717.21 28
to 3717.33, 3717.41, 3717.42, 3717.44, and 29
3717.48; and to repeal sections 3707.38, 3715.21, 30
3715.211, and 3732.07 of the Revised Code to make 31
changes in the laws pertaining to food service
operations and to require the licensing of retail 32
food establishments.
2
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 34
Section 1. That sections 901.43, 911.01, 911.011, 911.02, 36
915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 3709.09, 37
3715.02, 3715.52, 3715.99, 3724.03, 3732.01, 3732.02, 3732.03, 39
3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.11, 3732.12, 41
3732.13, 3732.14, 3732.99, 4303.021, 4303.13, 4303.14, 4303.15, 42
4303.181, 4303.182, 4303.183, 4736.01, 4745.01, 5104.05, 43
5104.051, 5739.02, and 5739.11 be amended; sections 911.011 44
(911.021), 3732.01 (3717.01), 3732.02 (3717.51), 3732.03
(3717.43), 3732.04 (3717.45), 3732.05 (3717.46), 3732.06 46
(3717.12), 3732.08 (3717.47), 3732.09 (3717.11), 3732.10 47
(3717.13), 3732.11 (3717.49), 3732.12 (3717.50), 3732.13 48
(3717.52), 3732.14 (3717.09), and 3732.99 (3717.99) be amended 50
for the purpose of adopting new section numbers as indicated in 51
parentheses; and sections 3715.021, 3715.511, 3717.02, 3717.03, 53
3717.04, 3717.05, 3717.06, 3717.07, 3717.08, 3717.21, 3717.22, 54
3717.23, 3717.24, 3717.25, 3717.26, 3717.27, 3717.28, 3717.29, 55
3717.30, 3717.31, 3717.32, 3717.33, 3717.41, 3717.42, 3717.44, 56
and 3717.48 of the Revised Code be enacted to read as follows: 58
Sec. 901.43. (A) The director of agriculture may 67
authorize any department of agriculture laboratory to perform a 69
laboratory service for any person, organization, political 71
subdivision, state agency, federal agency, or other entity, 73
whether public or private, and may charge a reasonable fee for 75
performance of the laboratory service. THE 76
(B) The director shall adopt and enforce rules to provide 79
for the rendering of a laboratory service and may. 80
(B) THE DIRECTOR MAY CHARGE A REASONABLE FEE FOR THE 82
PERFORMANCE OF A LABORATORY SERVICE, EXCEPT WHEN THE SERVICE IS 84
PERFORMED ON AN OFFICIAL SAMPLE TAKEN BY THE DIRECTOR ACTING 86
PURSUANT TO TITLE IX, CHAPTER 3715., OR CHAPTER 3717. OF THE 88
REVISED CODE; BY A BOARD OF HEALTH ACTING AS THE LICENSOR OF 90
RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE OPERATIONS UNDER 91
CHAPTER 3717. OF THE REVISED CODE; OR BY THE DIRECTOR OF HEALTH 93
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ACTING AS THE LICENSOR OF FOOD SERVICE OPERATIONS UNDER CHAPTER 94
3717. OF THE REVISED CODE. THE DIRECTOR OF AGRICULTURE SHALL 95
ADOPT RULES SPECIFYING WHAT CONSTITUTES AN OFFICIAL SAMPLE. 96
THE DIRECTOR SHALL publish a list of laboratory services 99
offered, together with the fee for each service. 101
(C) The director may enter into a contract with any 103
person, organization, political subdivision, state agency, 105
federal agency, or other entity for the provision of a laboratory 107
service.
(D)(1) The director may adopt rules specifying what 109
constitutes an official sample. 110
(2) The director shall not charge a fee for a laboratory 112
service performed on an official sample, but may charge a fee for 113
any other sample taken or laboratory service performed by the 114
department.
(E)(1) The director may adopt rules establishing standards 117
for accreditation of laboratories and laboratory services and in 118
doing so may adopt by reference existing or recognized standards 119
or practices.
(2) The director may inspect and accredit laboratories and 122
laboratory services, and may charge a reasonable fee for the 123
inspections and accreditation.
(F)(E)(1) All moneys collected by the director under this 126
section that are from fees generated by a laboratory service 127
performed by the department and related to the diseases of
animals, and all moneys so collected that are from fees generated 128
for the inspection and accreditation of laboratories and 129
laboratory services related to the diseases of animals, shall be 130
deposited in the animal industry laboratory fund, which is hereby 131
created in the state treasury. The director shall use the moneys 132
in the animal industry laboratory fund to purchase supplies and 133
equipment for the laboratory that provides laboratory services 134
related to the diseases of animals. 135
(2) All moneys collected by the director under this 138
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section that are from fees generated by a laboratory service 139
performed by the consumer analytical laboratory, and all moneys 140
so collected that are from fees generated for the inspection and
accreditation of laboratories and laboratory services not related 141
to weights and measures or the diseases of animals, shall be 143
deposited in the laboratory services fund, which is hereby 145
created in the state treasury. The moneys held in the fund may 146
be used to pay the expenses necessary to operate the consumer 147
analytical laboratory, including the purchase of supplies and
equipment. 148
(3) All moneys collected by the director under this 150
section that are from fees generated by a laboratory service 151
performed by the weights and measures laboratory, and all moneys 152
so collected that are from fees generated for the inspection and 153
accreditation of laboratories and laboratory services related to 154
weights and measures, shall be deposited in the weights and 155
measures laboratory fund, which is hereby created in the state 156
treasury. The moneys held in the fund may be used to pay the 157
expenses necessary to operate the division of weights and 158
measures, including the purchase of supplies and equipment. 159
Sec. 911.01. (A) Except as provided in division (B) of 169
this section, "bakery," as AS used in sections 911.01 to 911.20 170
of the Revised Code, "BAKERY" means a building or part of a 171
building wherein is carried on the production, preparation, 172
packing, storing, display, or sale TO OTHER THAN THE ULTIMATE 173
CONSUMER of bread, stuffed breads, cake, pies, cookies, crackers, 175
doughnuts, noodles, waffle cones, pizza crusts for resale, or
other bakery products, whether frozen, fried, deep fried, or 177
partially or completely baked, including any separate room used 179
for the convenience or accommodation of the workers. Sections 180
911.02, 911.04, 911.11, 911.12, 911.13, and 911.15 of the Revised 181
Code do not apply to retail stores where bakery products are sold 182
but not produced.
(B) "Bakery" does not mean a food service operation 184
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licensed under section 3732.03 of the Revised Code that includes 185
the preparation or serving of bakery products. 186
Sec. 911.02. Except as provided in division (A) of section 195
3732.07 of the Revised Code, each EACH person, firm, partnership, 197
or corporation that owns or operates a bakery shall register each 199
bakery that it owns or operates with the director of agriculture. 201
For the registration, the owner or operator of each bakery shall 203
pay an annual fee of thirty dollars for a production capacity of 204
one thousand pounds of bakery product per hour or less and an 205
annual fee of thirty dollars for each one thousand pounds of 206
bakery product per hour capacity, or part thereof, in excess of 207
one thousand pounds of bakery product per hour. 208
Any person who owns or operates a home bakery with only one 210
oven, in a stove of ordinary home kitchen design and located in a 211
home, used for the baking of baked goods to be sold, shall pay a 212
sum of ten dollars annually for registration regardless of the 213
capacity of the home bakery oven. The registration shall be 216
renewed annually by the thirtieth day of September and shall be 217
renewed according to the standard renewal procedure of Chapter 218
4745. of the Revised Code. The registration of the bakery shall 219
show the location, including municipal corporation, street, and 220
number, the name of the owner, and the name of the operator. The 221
application for registration shall be made on a form prescribed 222
and provided by the director. All moneys received from 223
registration fees and fines collected under sections 911.01 to 224
911.20 of the Revised Code shall be deposited with the treasurer 225
of state to the credit of the food safety fund created in section 226
915.24 of the Revised Code. All annual renewal registration fees 228
required by this section shall be paid by the applicant for the 229
renewal to the treasurer of state for deposit into the food 231
safety fund. 232
No bakery product that is manufactured in an out-of-state 234
bakery shall be sold or offered for sale within this state unless 235
the bakery is in compliance with sections 911.01 to 911.20 of the 238
6
Revised Code, and is registered, having paid the annual
registration fee. 239
Registration of out-of-state bakeries is not required if a 241
reciprocal agreement is in effect whereby a bakery located in 242
this state is not subject to a license or registration fee by the 243
receiving state or a political subdivision thereof. 244
Sec. 911.011 911.021. (A) The preparation and serving of 253
bakery products by a food service operation licensed under 256
section 3732.03 of the Revised Code shall be regulated under 257
Chapter 3732. of the Revised Code and not under this chapter. 258
(B) A bakery shall be regulated under this chapter and not 260
under Chapter 3732 3717. of the Revised Code when either of the 262
following applies: 263
(1) The bakery only serves bakery products on its 265
premises;
(2) The bakery serves bakery products for consumption on 267
its premises and also serves frozen desserts, beverages, nuts, 269
popcorn, candy, or similar confections, dairy products, or any 270
combination of those items for consumption THE BAKERY'S PRIMARY 271
BUSINESS IS WHOLESALE, EVEN IF THE BAKERY ALSO SELLS BAKERY 272
PRODUCTS AT RETAIL on its premises. 273
Sec. 915.24. (A) There is hereby created in the state 282
treasury the food safety fund. All of the following moneys shall 285
be credited to the fund:
(1) Bakery registration fees and fines received under 287
sections 911.02 to 911.20 of the Revised Code; 289
(2) Cannery license fees and renewal fees received under 291
sections 913.01 to 913.05 of the Revised Code; 292
(3) Moneys received under sections 913.22 to 913.28 of the 294
Revised Code; 295
(4) License fees, fines, and penalties recovered for the 297
violation of sections 915.01 to 915.12 of the Revised Code; 298
(5) License fees collected under sections 915.14 to 915.23 300
and under section 3715.21 of the Revised Code; 302
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(6) LICENSE FEES, OTHER FEES, AND FINES COLLECTED BY OR 304
FOR THE DIRECTOR OF AGRICULTURE UNDER CHAPTER 3717. OF THE 306
REVISED CODE.
(B) The director of agriculture shall use the moneys 308
deposited into the food safety fund to administer and enforce the 311
laws pursuant to which the moneys were collected.
Sec. 2305.37. (A) As used in this section: 320
(1) "Agency" means any nonhospital, charitable nonprofit 322
corporation that is organized and operated pursuant to Chapter 323
1702. of the Revised Code and that satisfies both of the 324
following, or any nonhospital, charitable association, group, 325
institution, organization, or society that is not organized and 327
not operated for profit and that satisfies both of the following: 328
(a) It distributes perishable food, directly or 330
indirectly, to individuals in need. 331
(b) It does not charge or accept any form of compensation 333
from the individuals in need for the distribution of the 334
perishable food to them. 335
(2) "Food service operation" has the same meaning as in 337
section 3732.01 3717.01 of the Revised Code. 338
(3) "Food that is gleaned" means perishable food that 340
remains on a farm or other real property and that the owner, 341
lessee, renter, or operator of the property permits one or more 342
persons to salvage free-of-charge for subsequent donation to one 343
or more agencies.
(4) "Harm" means injury, death, or loss to person or 345
property. 346
(5) "Hospital" has the same meaning as in section 2108.01, 348
3701.01, or 5122.01 of the Revised Code. 349
(6) "Individuals in need" means those persons who an 351
agency determines are eligible to receive free distributions of 352
perishable food because of poverty, illness, disability, infancy, 353
or other conditions or circumstances that may result in persons 354
having a need to receive free distributions of perishable food. 355
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(7) "Perishable food" means any food that may spoil or 357
otherwise become unfit for human consumption because of its 358
nature, age, or physical condition. "Perishable food" includes, 359
but is not limited to, fresh meats, processed meats, poultry, 360
fish and other seafood, dairy products, bakery products, eggs in 361
the shell, fresh fruits, fresh vegetables, food that is gleaned, 362
food that is packaged, refrigerated, or frozen, food that is 363
canned, and prepared or other food that has not been served by a 364
restaurant, cafeteria, hospital, hotel, caterer, or other food 365
service operation to any customer, patient, or other person in 366
the ordinary course of business, by a public or private school, 367
college, university, or other educational institution to a 368
student or another person on the premises in the ordinary course 369
of the operation of the institution, or by a fraternal, 370
veteran's, or other organization to its members or other persons 371
on the premises in the ordinary course of the operation of the 372
organization.
(8) "Person" has the same meaning as in section 1.59 of 374
the Revised Code and additionally includes governmental entities. 375
(9) "Sale date" has the same meaning as in section 377
3715.171 of the Revised Code. 378
(10) "Tort action" means a civil action for damages for 380
injury, death, or loss to person or property. "Tort action" 381
includes a product liability claim but does not include a civil 383
action for a breach of contract or another agreement between 384
persons.
(B) Notwithstanding Chapter 3715. of the Revised Code, a 386
person who, in good faith, donates perishable food to an agency 387
is not liable in damages in a tort action for harm that allegedly 388
arises because that perishable food, when distributed by the 389
agency or any other agency to a particular individual in need, is 390
not fit for human consumption, if both of the following apply: 391
(1) Prior to the donation of the perishable food to the 393
agency, the person determines that the perishable food will be 394
9
fit for human consumption at the time of its donation. A 395
presumption favoring liability does not arise because the 396
perishable food is donated to an agency on or after an applicable 397
sale date. 398
(2) The person does not make the determination that the 400
perishable food will be fit for human consumption at the time of 401
its donation to the agency in a manner that constitutes 402
negligence or willful or wanton misconduct. 403
(C)(1) This section does not create a new cause of action 405
or substantive legal right against persons who donate perishable 406
food to an agency.
(2) This section does not affect any immunities from or 408
defenses to tort liability established by another section of the 409
Revised Code or available at common law to which persons who 410
donate perishable food other than to agencies may be entitled. 411
Sec. 3701.22. The department of health shall maintain a 420
chemical and bacteriological laboratory for the examination 421
FOLLOWING:
(A) EXAMINATION of public water supplies, and the effluent 424
of sewage purification works, for the diagnosis;
(B) DIAGNOSIS of diphtheria, typhoid fever, hydrophobia, 427
glanders, and such other diseases as it deems necessary, and for 428
the examination of food suspected to be the cause of disease. 429
The department shall examine and report to the director of
environmental protection and the public each year the condition 430
of all public water supplies; 431
(C) ANALYSIS OF PATIENT SPECIMENS AND FOOD SAMPLES 433
NECESSARY FOR INVESTIGATION OF FOODBORNE ILLNESSES. IN FOODBORNE 434
ILLNESS INVESTIGATIONS, THE LABORATORY SHALL COOPERATE AND 435
CONSULT WITH THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO 436
SECTION 3715.02 OF THE REVISED CODE.
Sec. 3701.83. (A) There is hereby created in the state 445
treasury the general operations fund. Moneys in the fund shall 446
be used for the purposes specified in sections 3701.04, 3701.344, 447
10
3701.88, 3702.20, 3710.15, 3711.021, 3717.45, 3721.02, 3722.04, 449
3732.04, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 451
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 452
of the Revised Code.
(B) The alcohol testing program fund is hereby created in 455
the state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program 456
authorized by section 3701.143 of the Revised Code. 457
The fund shall receive transfers from the liquor control 460
fund created under section 4301.12 of the Revised Code. All 461
investment earnings of the alcohol testing program fund shall be 462
credited to the fund.
Sec. 3707.33. The board of health of a city or general 471
health district may appoint, define the duties of, and fix the 472
compensation of the number of inspectors of shops, wagons, 473
appliances, and meat FOOD, and the number of other persons 475
necessary to carry out this chapter AND CHAPTER 3717. OF THE 476
REVISED CODE and, if applicable, to carry out any duties assumed 477
by the board under an agreement entered into under division (B) 478
of section 917.02 of the Revised Code. Inspectors for those 480
purposes may enter any house, vehicle, or yard. The board may 481
authorize the health commissioner to perform the duties of the 482
inspectors.
Sec. 3707.99. (A) Whoever violates section 3707.03 of the 491
Revised Code, unless good and sufficient reason therefor is 492
shown, is guilty of a minor misdemeanor. 493
(B) Whoever violates section 3707.38 of the Revised Code 495
is guilty of a minor misdemeanor. 497
(C) Whoever violates section 3707.48 of the Revised Code 499
is guilty of a minor misdemeanor on a first offense; on each 501
subsequent offense such person is guilty of a misdemeanor of the 502
fourth degree.
Sec. 3709.09. (A) The board of health of a city or 511
general health district may, by rule, establish a uniform system 512
11
of fees to pay the costs of any services provided by the board. 513
Fees for services provided by the board for purposes specified in 514
sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04, 3733.25, 516
and 3749.04 of the Revised Code shall be established in 517
accordance with rules adopted under division (B) of this section. 518
The district advisory council, in the case of a general health 519
district, and the legislative authority of the city, in the case 520
of a city health district, may disapprove any fee established by 521
the board of health under this division, and any such fee, as 522
disapproved, shall not be charged by the board of health. 523
(B)(1) The public health council shall adopt rules under 526
section 111.15 of the Revised Code that establish fee categories 527
and uniform methodologies for use in calculating the costs of 528
services provided for purposes specified in sections 3701.344, 529
3711.05, 3730.03, 3732.04, 3733.04, 3733.25, and 3749.04 of the 530
Revised Code. In adopting the rules, the public health council 531
shall consider recommendations it receives from advisory boards 532
established either by statute or the director of health for 533
entities subject to the fees.
(2) As used in this division, "licensor" and "vending 535
machine location" have the same meanings as in section 3732.01 of 536
the Revised Code. 537
The public health council shall, under its rules, prohibit 539
licensors from increasing fees under section 3732.04 of the 541
Revised Code for vending machine locations by a percentage of 542
increase over the previous year's fee that exceeds the percentage 543
of increase in the consumer price index for all urban consumers 544
(United States city average, all items), prepared by the United 545
States department of labor, bureau of labor statistics, for the 546
immediately preceding calendar year. 547
(C) At least thirty days prior to establishing a fee for a 549
service provided by the board for a purpose specified in section 550
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the 551
Revised Code, a board of health shall notify any entity that 552
12
would be affected by the proposed fee of the amount of the 553
proposed fee. A board of health shall give notice in accordance 554
with section 3732.04 of the Revised Code of the hearing regarding 555
a proposed fee for a service provided for the purpose specified 557
in that section. 558
Sec. 3715.02. (A) The director of agriculture shall adopt 567
rules in accordance with Chapter 119. of the Revised Code that 569
establish, when otherwise not established by a law of this state, 571
definitions for a food or class of food and standards for the 572
following items as they pertain to the food or class of food: 573
(1) Quality, identity, purity, grade, and strength; 576
(2) Packaging and labeling; 578
(3) Food processing equipment; 580
(4) Processing procedures; 582
(5) Fill of containers. 584
The standards and definitions, where applicable, shall 586
conform to the standards for foods adopted by the United States 587
department of agriculture. The rules, where applicable, shall 589
conform to and be the same as AND THE UNITED STATES FOOD AND DRUG 590
ADMINISTRATION. PORTIONS OF TITLES 7, 9, AND 21 OF THE CODE OF 591
FEDERAL REGULATIONS OR the regulations adopted for the 593
enforcement of the "Federal Food, Drug, and Cosmetic Act," 52 594
Stat. 1040 (1938), 21 U.S.C.A. 301 et seq., as amended, MAY BE 595
ADOPTED AS RULES BY REFERENCING THE FEDERAL REGULATIONS, SUBJECT 596
TO THE APPROVAL OF THE JOINT COMMITTEE ON AGENCY RULE REVIEW. 597
(B) The director shall adopt rules in accordance with 600
Chapter 119. of the Revised Code that establish, when otherwise 604
not established by a law of this state, standards for food 605
establishment facilities and sanitation of food establishments. 606
As used in this division, "food establishment" means a 608
premises or part of a premises, other than a food service 609
operation as defined in section 3732.01 of the Revised Code, 612
where food is prepared, processed, stored, manufactured, 613
transported, or otherwise held or handled for sale or 614
13
distribution.
(C) In adopting rules that establish definitions and 617
standards of identity for a food or class of food in which only a 618
limited number of optional ingredients are permitted, the 619
director shall designate the optional ingredients that must be 620
listed on the label.
(B) THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH 623
CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH PROCEDURES FOR
THE PERFORMANCE OF SAMPLE ANALYSES OF FOOD, FOOD ADDITIVES, AND 624
FOOD PACKAGING MATERIALS. THE CIRCUMSTANCES UNDER WHICH A SAMPLE 625
ANALYSIS MAY BE REQUIRED INCLUDE THE FOLLOWING: 626
(1) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 628
IS THE SUBJECT OF A CONSUMER COMPLAINT; 629
(2) WHEN REQUESTED BY A CONSUMER AFTER A PHYSICIAN HAS 631
ISOLATED AN ORGANISM FROM THE CONSUMER AS THE PHYSICIAN'S 632
PATIENT;
(3) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 634
IS SUSPECTED OF HAVING CAUSED AN ILLNESS; 635
(4) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 637
IS SUSPECTED OF BEING ADULTERATED OR MISBRANDED; 638
(5) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 640
IS SUBJECT TO VERIFICATION OF FOOD LABELING AND STANDARDS OF 641
IDENTITY;
(6) AT ANY OTHER TIME THE DIRECTOR CONSIDERS A SAMPLE 643
ANALYSIS NECESSARY.
(C) IN FOODBORNE ILLNESS INVESTIGATIONS, THE DIRECTOR OF 645
AGRICULTURE SHALL COOPERATE AND CONSULT WITH THE LABORATORY 646
MAINTAINED BY THE DEPARTMENT OF HEALTH UNDER SECTION 3701.22 OF 647
THE REVISED CODE.
(D) The director or the director's designee shall do all 650
of the following: 651
(1) Inspect drugs, food, or drink manufactured, stored, or 654
offered for sale in the THIS state; 655
(2) Prosecute or cause to be prosecuted each person 657
14
engaged in the unlawful manufacture or sale of an adulterated 659
drug or article of food or drink, in violation of law; 660
(3) Enforce all laws against fraud, adulteration, or 662
impurities in drugs, foods, or drinks and unlawful labeling 664
within the THIS state.
(E) The director may appoint or contract for one or more 667
qualified persons to enforce the provisions of this chapter. 668
Sec. 3715.021. (A) AS USED IN THIS SECTION, "WHOLESALE 670
FOOD ESTABLISHMENT" MEANS A PREMISES OR PART OF A PREMISES WHERE 671
FOOD IS PROCESSED, PACKAGED, MANUFACTURED, OR OTHERWISE HELD OR 672
HANDLED FOR SALE OR DISTRIBUTION AT WHOLESALE TO PERSONS OTHER 673
THAN THE ULTIMATE CONSUMERS. "WHOLESALE FOOD ESTABLISHMENT" 674
INCLUDES THE ACTIVITIES OF A BAKERY, CONFECTIONERY, CANNERY, 675
BOTTLER, WAREHOUSE, OR DISTRIBUTOR AND THE ACTIVITIES OF AN 676
ENTITY THAT RECEIVES OR SALVAGES DISTRESSED FOOD FOR SALE OR USE 677
AS FOOD. "WHOLESALE FOOD ESTABLISHMENT" DOES NOT INCLUDE AN 678
OPERATION REGULATED UNDER CHAPTER 917. OR 918. OF THE REVISED 680
CODE.
(B) THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN 682
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH, 684
WHEN OTHERWISE NOT ESTABLISHED BY THE REVISED CODE, STANDARDS FOR 685
WHOLESALE FOOD ESTABLISHMENTS, INCLUDING THE FACILITIES OF 686
WHOLESALE FOOD ESTABLISHMENTS AND THEIR SANITATION. 687
Sec. 3715.52. (A) The following acts and causing them are 696
prohibited:
(1) The manufacture, sale, or delivery, holding or 698
offering for sale of any food, drug, device, or cosmetic that is 699
adulterated or misbranded; 700
(2) The adulteration or misbranding of any food, drug, 702
device, or cosmetic; 703
(3) The receipt in commerce of any food, drug, device, or 705
cosmetic that is adulterated or misbranded, and the delivery or 706
proffered delivery thereof for pay or otherwise; 707
(4) The sale, delivery for sale, holding for sale, or 709
15
offering for sale of any article in violation of section 3715.61 710
or 3715.65 of the Revised Code; 711
(5) The dissemination of any false advertisement; 713
(6) The refusal to permit entry or inspection, or to 715
permit the taking of a sample, as authorized by section 3715.70 716
of the Revised Code; 717
(7) The giving of a guaranty or undertaking that is false, 719
except by a person who relied on a guaranty or undertaking to the 721
same effect signed by, and containing the name and address of the 722
person residing in this state from whom the person received in 723
good faith the food, drug, device, or cosmetic; 725
(8) The removal or disposal of a detained or embargoed 727
article in violation of section 3715.55 OR 3715.551 of the 728
Revised Code; 729
(9) The alteration, mutilation, destruction, obliteration, 731
or removal of the whole or any part of the labeling of, or the 732
doing of any other act with respect to a food, drug, device, or 733
cosmetic, if the act is done while the article is held for sale 735
and results in the article being misbranded; 736
(10) Forging, counterfeiting, simulating, or falsely 738
representing, or without proper authority using any mark, stamp, 739
tag, label, or other identification device authorized or required 740
by rules adopted pursuant to sections 3715.52 to 3715.72 of the 743
Revised Code;
(11) The using, on the labeling of any drug or in any 745
advertisement relating to a drug, of any representation or 746
suggestion that any application with respect to the drug is 747
effective under section 3715.65 of the Revised Code or that the 749
drug complies with the provisions of that section; 750
(12) The using by any person to the person's own 752
advantage, or revealing, other than to the director of 753
agriculture or to the courts when relevant in any judicial 754
proceeding under sections 3715.52 to 3715.72 of the Revised Code, 755
any information acquired under authority of sections 3715.01 and 756
16
3715.52 to 3715.72 of the Revised Code, concerning any 757
information that as a trade secret is entitled to protection; 758
(13) The issuance by the manufacturer, packer, or 760
distributor of a dangerous drug of any advertisements, 761
catalogues, or price lists, except those lists specifically 762
designed for disseminating price change information, that do not 763
contain in clearly legible form the name and place of business of 764
the manufacturer who mixed the final ingredients and, if 765
different, the manufacturer who produced the drug in its finished 766
dosage form and, if different, the packer or distributor. 767
(B)(1) No person at a flea market shall sell, offer for 769
sale, or knowingly permit the sale of any of the following 770
products: 771
(a) Baby food, infant formula, or similar products; 774
(b) Any drug, cosmetic, or device; 776
(c) Any product on which is printed or stamped an 778
expiration date or a date recommended by the manufacturer as 779
either the last day on which the product should be offered for 780
sale or the last day on which the product should be used. 781
(2) Division (B)(1) of this section does not apply to a 784
person who keeps available for public inspection an 785
identification card identifying the person as an authorized 786
representative of the manufacturer or distributor of any drug, 787
cosmetic, or device, as long as the card is not false, 789
fraudulent, or fraudulently obtained.
(3) Division (B)(1)(c) of this section does not apply to a 792
person or governmental entity that is licensed as a RETAIL FOOD 793
ESTABLISHMENT OR food service operation under Chapter 3732 3717. 794
of the Revised Code or is listed in division (A)(B)(9) or (12) of 796
section 3732.01 3717.42 of the Revised Code. 797
(4) As used in division (B)(1) of this section, "flea 800
market" means any location, other than a permanent retail store,
at which space is rented or otherwise made available to others 801
for the conduct of business as transient or limited vendors as 802
17
defined in section 5739.17 of the Revised Code. 803
Sec. 3715.551. (A) AS USED IN THIS SECTION, "BOARD OF 805
HEALTH," "RETAIL FOOD ESTABLISHMENT," AND "FOOD SERVICE 806
OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 3717.01 OF THE 808
REVISED CODE.
(B) THE EMBARGOING OF A FOOD MAY BE PERFORMED BY A BOARD 812
OF HEALTH APPROVED UNDER SECTION 3717.11 OF THE REVISED CODE TO 813
SERVE AS THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS OR FOOD 815
SERVICE OPERATIONS, THE DIRECTOR OF HEALTH ACTING UNDER SECTION 816
3717.11 OF THE REVISED CODE AS THE LICENSOR OF FOOD SERVICE 817
OPERATIONS, OR A REPRESENTATIVE AUTHORIZED TO ACT ON BEHALF OF 818
THE BOARD OF HEALTH OR DIRECTOR OF HEALTH.
THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN ACCORDANCE 820
WITH CHAPTER 119. OF THE REVISED CODE SPECIFYING THE CONDITIONS 822
UNDER WHICH A FOOD MAY BE EMBARGOED UNDER THIS SECTION AND THE 823
PROCEDURES THAT MUST BE FOLLOWED WHEN THAT ACTION IS TAKEN. 825
Sec. 3715.99. (A) Whoever violates sections 3715.13 to 834
3715.19, or 3715.38 of the Revised Code is guilty of a minor 836
misdemeanor.
(B) Whoever violates section 3715.21 of the Revised Code 838
is guilty of a misdemeanor of the second degree on a first 840
offense and a misdemeanor of the first degree on each subsequent 841
offense.
(C) Whoever violates section 3715.22, 3715.25, 3715.27, or 844
3715.34 of the Revised Code is guilty of a misdemeanor of the 845
fourth degree.
(D)(C) Whoever violates section 3715.23 or 3715.36 of the 847
Revised Code is guilty of a misdemeanor of the second degree. 848
(E)(D) Whoever violates section 3715.52 or 3715.65 of the 850
Revised Code is guilty of a misdemeanor of the fourth degree on a 851
first offense; on each subsequent offense, the person is guilty 852
of a misdemeanor of the second degree. 853
(F)(E) Whoever violates section 3715.521 of the Revised 855
Code is guilty of a minor misdemeanor. A violation of that 857
18
section occurs on a daily basis, not according to the number of 858
times per day that an expired drug, baby food, or infant formula 859
is sold, offered for sale, or delivered at retail or to the 860
consumer. Each day of violation is a separate offense. 861
Sec. 3732.01 3717.01. As used in this chapter: 870
(A) "OHIO UNIFORM FOOD SAFETY CODE" MEANS THE FOOD SAFETY 872
AND RELATED STANDARDS ADOPTED UNDER SECTION 3717.05 OF THE 874
REVISED CODE.
(B) "FOOD" MEANS ANY RAW, COOKED, OR PROCESSED EDIBLE 876
SUBSTANCE USED OR INTENDED FOR USE IN WHOLE OR IN PART FOR HUMAN 877
CONSUMPTION. "FOOD" INCLUDES ICE, WATER OR ANY OTHER BEVERAGE, 879
FOOD INGREDIENTS, AND CHEWING GUM.
(C) "RETAIL FOOD ESTABLISHMENT" MEANS A PREMISES OR PART 881
OF A PREMISES WHERE FOOD, OVER-THE-COUNTER DRUGS, NUTRIENTS 882
DESIGNED FOR USE IN LIEU OF PHARMACEUTICALS, AND PRODUCTS 884
DESIGNED FOR USE AS DIETARY SUPPLEMENTS ARE STORED, PROCESSED, 885
PREPARED, MANUFACTURED, OR OTHERWISE HELD OR HANDLED FOR RETAIL 886
SALE. EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "RETAIL FOOD 887
ESTABLISHMENT" INCLUDES A SEASONAL RETAIL FOOD ESTABLISHMENT AND 888
TEMPORARY RETAIL FOOD ESTABLISHMENT.
AS USED IN THIS DIVISION: 890
(1) "RETAIL" MEANS THE SALE OF FOOD TO A PERSON WHO IS THE 893
ULTIMATE CONSUMER.
(2) "PREPARED" MEANS ANY ACTION THAT AFFECTS A FOOD, 895
INCLUDING RECEIVING AND MAINTAINING IT AT THE TEMPERATURE AT 897
WHICH IT WAS RECEIVED.
(D) "SEASONAL RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL 899
FOOD ESTABLISHMENT THAT IS OPERATED FOR NOT MORE THAN SIX MONTHS 900
IN A LICENSING PERIOD. 901
(E) "TEMPORARY RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL 903
FOOD ESTABLISHMENT THAT IS OPERATED AT AN EVENT FOR NOT MORE THAN 905
FIVE CONSECUTIVE DAYS, EXCEPT WHEN OPERATED FOR MORE THAN FIVE 906
CONSECUTIVE DAYS PURSUANT TO DIVISION (E)(2) OF SECTION 3717.23 907
OF THE REVISED CODE.
19
(F) "Food service operation" means a place, location, 909
site, or separate area where food intended to be served in 910
individual portions is prepared or served for a charge or 911
required donation, including mobile food service operations, 912
catering food service operations, temporary food service 913
operations, seasonal food service operations, vending machine 914
locations, and food delivery sales operations. As used in this 916
division, "served" means a response made to an order for one or 917
more individual portions of food in a form that is edible without 918
washing, cooking, or additional preparation and "prepared" means 919
any action that affects a food other than receiving or 920
maintaining it at the temperature at which it was received.
"Food service operation" does not include any of the 922
following:
(1) A private home in which individuals related by blood, 924
marriage, or law reside and in which the food that is prepared or 925
served is intended only for those individuals and their nonpaying 926
guests; 927
(2) A residential facility that accommodates not more than 929
sixteen residents; is licensed, certified, registered, or 930
otherwise regulated by the federal government or by the state or 931
a political subdivision of the state; and prepares food for or 932
serves food to only the residents of the facility, the staff of 933
the facility, and any nonpaying guests of residents or staff; 934
(3) Churches, schools, fraternal or veterans' 936
organizations, volunteer fire organizations, or volunteer 937
emergency medical service organizations preparing or serving food 938
intended for individual portion service on their premises for not 939
more than seven consecutive days or not more than fifty-two 941
separate days during a licensing period; 942
(4) Common carriers regulated by the federal government; 944
(5) Food manufacturing or food processing operations 946
regulated by the federal government or a state agency, as defined 947
in section 1.60 of the Revised Code, other than the department of 948
20
health; 949
(6) Operations other than mobile food service operations 951
serving only frozen desserts; beverages, nuts, popcorn, candy, or 952
similar confections; bakery products identified in section 911.01 953
of the Revised Code; or any combination of these items; 954
(7) Operations serving five or fewer individuals daily; 956
(8) Type A and type B family day-care homes, as defined in 958
section 5104.01 of the Revised Code; 959
(9) Vending machine locations where the only vending 961
machines are machines that dispense foods exclusively from one or 962
both of the following categories: 963
(a) Prepackaged foods that are not potentially hazardous 965
as defined in rules adopted by the public health council under 966
section 3732.02 of the Revised Code; 967
(b) Nuts, panned or wrapped bulk chewing gum, or panned or 969
wrapped bulk candies. 970
(10) Places servicing vending machines at vending machine 972
locations described in division (A)(9) of this section; 973
(11) Commissaries servicing vending machines dispensing 975
only milk, milk products, or frozen desserts that are under a 976
state or federal inspection and analysis program; 977
(12) Controlled location vending machine locations. As 979
used in this division, "controlled location vending machine 980
location" means a vending machine location at which all of the 981
following apply: 982
(a) The vending machines dispense only foods that are not 984
potentially hazardous as defined in rules adopted by the public 985
health council under section 3732.02 of the Revised Code; 986
(b) The machines are designed to be filled and maintained 988
in a sanitary manner by untrained persons; 989
(c) Minimal protection is necessary to ensure against 991
contamination of food and equipment. 992
(B) EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "FOOD 994
SERVICE OPERATION" INCLUDES A CATERING FOOD SERVICE OPERATION, 995
21
FOOD DELIVERY SALES OPERATION, MOBILE FOOD SERVICE OPERATION, 996
SEASONAL FOOD SERVICE OPERATION, TEMPORARY FOOD SERVICE 997
OPERATION, AND VENDING MACHINE LOCATION.
(G) "Catering food service operation" means a food service 999
operation where food is prepared for serving at a function or 1,000
event held at an off-premises site, for a charge determined on a 1,001
per-function or per-event basis. 1,002
(C) "Food" means any raw, cooked, or processed edible 1,004
substance, ice, water, beverage, or ingredient used or intended 1,005
for use in whole or in part for human consumption. 1,006
(D)(H) "Food delivery sales operation" means a food 1,008
service operation from which individual portions of food are 1,009
ordered by a customer, prepared at another food service 1,010
operation, and delivered to the customer by a person other than 1,011
an employee of the food service operation that prepared the food. 1,012
(E) "Frozen desserts" has the same meaning as in section 1,014
917.01 of the Revised Code. 1,015
(F) "Government entity" means the state, a political 1,017
subdivision of the state, another state, or a political 1,018
subdivision or other local body of another state. 1,019
(G) "Licensee" means the person or government entity 1,021
holding a license to operate a food service operation. 1,022
(H) "Licensing period" means the period beginning the 1,024
first day of March and ending the last day of February of the 1,025
next succeeding year. 1,026
(I) "Licensor" means either of the following: 1,028
(1) The board of health of a city or general health 1,030
district, or the authority having the duties of a board of health 1,031
under section 3709.05 of the Revised Code, approved by the 1,032
director of health under section 3732.09 of the Revised Code; 1,033
(2) The director of health acting pursuant to section 1,035
3732.09 of the Revised Code. 1,036
(J)(I) "Mobile food service operation" means a food 1,038
service operation that is operated from a movable vehicle, 1,039
22
portable structure, or watercraft; AND THAT routinely changes 1,040
location; and does not remain, EXCEPT THAT IF THE OPERATION 1,042
REMAINS at any one location for more than forty consecutive days, 1,043
THE OPERATION IS NO LONGER A MOBILE FOOD SERVICE OPERATION, BUT 1,044
IS EITHER A DIFFERENT TYPE FOOD SERVICE OPERATION OR A RETAIL 1,045
FOOD ESTABLISHMENT ACCORDING TO THE ACTIVITIES BEING ENGAGED IN 1,046
AND THE TYPE OF FOOD BEING OFFERED FOR SALE. "MOBILE FOOD
SERVICE OPERATION" INCLUDES AN OPERATION THAT DOES NOT REMAIN AT 1,047
ANY ONE LOCATION FOR MORE THAN FORTY CONSECUTIVE DAYS AND SERVES 1,048
ONLY FROZEN DESSERTS; BEVERAGES, NUTS, POPCORN, CANDY, OR SIMILAR 1,049
CONFECTIONS; BAKERY PRODUCTS IDENTIFIED IN SECTION 911.01 OF THE 1,050
REVISED CODE; OR ANY COMBINATION OF THOSE ITEMS.
(K)(J) "Seasonal food service operation" means a food 1,052
service operation, other than a mobile food service operation, 1,053
that is operated for not more than eight SIX months in each A 1,055
licensing period. 1,056
(L)(K) "Temporary food service operation" means a food 1,058
service operation that is operated at a single AN event for not 1,059
more than five consecutive days, except when operated for more 1,061
than five CONSECUTIVE days pursuant to division (E)(2) of section 1,062
3732.03 3717.43 of the Revised Code. 1,065
(M) "Vending machine" means a self-service device that, 1,067
upon insertion of currency, tokens, or similar means, 1,068
automatically dispenses a predetermined unit serving of food 1,069
either in bulk or in package and does not require replenishing 1,070
after each use. 1,071
(N)(L) "Vending machine location" means an area or room 1,073
where one or more vending machines are installed and operated, 1,074
except that if the machines within an area are separated by more 1,075
than one hundred fifty feet, each area separated by that distance 1,076
constitutes a separate vending machine location. AS USED IN THIS 1,077
DIVISION, "VENDING MACHINE" MEANS A SELF-SERVICE DEVICE THAT 1,078
AUTOMATICALLY DISPENSES ON THE INSERTION OF CURRENCY, TOKENS, OR 1,079
SIMILAR MEANS A PREDETERMINED UNIT SERVING OF FOOD, EITHER IN 1,080
23
BULK OR IN PACKAGE, WITHOUT HAVING TO BE REPLENISHED AFTER EACH 1,081
USE.
(M) "BOARD OF HEALTH" MEANS A BOARD OF HEALTH OF A CITY OR 1,083
GENERAL HEALTH DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF A 1,084
BOARD OF HEALTH UNDER SECTION 3709.05 OF THE REVISED CODE. 1,085
(N) "GOVERNMENT ENTITY" MEANS THIS STATE, A POLITICAL 1,087
SUBDIVISION OF THIS STATE, ANOTHER STATE, OR A POLITICAL 1,088
SUBDIVISION OR OTHER LOCAL GOVERNMENT BODY OF ANOTHER STATE. 1,089
(O) "LICENSOR" MEANS ONE OF THE FOLLOWING: 1,091
(1) A BOARD OF HEALTH APPROVED UNDER SECTION 3717.11 OF 1,093
THE REVISED CODE;
(2) THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO SECTION 1,095
3717.11 OF THE REVISED CODE WITH RESPECT TO THE LICENSING OF 1,096
RETAIL FOOD ESTABLISHMENTS;
(3) THE DIRECTOR OF HEALTH ACTING PURSUANT TO SECTION 1,098
3717.11 OF THE REVISED CODE WITH RESPECT TO THE LICENSING OF FOOD 1,099
SERVICE OPERATIONS.
(P) "LICENSING PERIOD" MEANS THE FIRST DAY OF MARCH TO THE 1,102
LAST DAY OF FEBRUARY OF THE NEXT SUCCEEDING YEAR.
Sec. 3717.02. (A) THERE IS HEREBY CREATED THE RETAIL FOOD 1,105
SAFETY ADVISORY COUNCIL. THE COUNCIL SHALL CONSIST OF THE
DIRECTOR OF AGRICULTURE OR A PERSON THE DIRECTOR DESIGNATES TO 1,106
SERVE ON THE DIRECTOR'S BEHALF, THE DIRECTOR OF HEALTH OR A 1,108
PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF,
AND TWELVE ADDITIONAL MEMBERS APPOINTED JOINTLY BY THE DIRECTOR 1,110
OF AGRICULTURE AND THE DIRECTOR OF HEALTH, AS FOLLOWS: 1,111
(1) THREE PERSONS REPRESENTING THE INTERESTS OF RETAIL 1,113
FOOD ESTABLISHMENTS; 1,114
(2) THREE PERSONS REPRESENTING THE INTERESTS OF FOOD 1,116
SERVICE OPERATIONS; 1,117
(3) FOUR PERSONS REPRESENTING BOARDS OF HEALTH OR THE 1,119
HEALTH DEPARTMENTS OPERATED BY BOARDS OF HEALTH; 1,120
(4) ONE PERSON REPRESENTING THE ACADEMIC COMMUNITY WHO IS 1,122
KNOWLEDGEABLE IN FOOD SCIENCE OR FOOD TECHNOLOGY; 1,123
24
(5) ONE PERSON REPRESENTING THE GENERAL PUBLIC WHO IS NOT 1,125
EMPLOYED BY THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS AND 1,126
HAS NO PECUNIARY INTEREST IN A RETAIL FOOD ESTABLISHMENT OR FOOD 1,127
SERVICE OPERATION. 1,128
(B) IN MAKING APPOINTMENTS TO THE COUNCIL, THE DIRECTOR OF 1,131
AGRICULTURE AND DIRECTOR OF HEALTH SHALL JOINTLY CONSULT WITH
STATEWIDE TRADE AND PROFESSIONAL ORGANIZATIONS THAT REPRESENT THE 1,133
INTERESTS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,134
OPERATIONS. THE ORGANIZATIONS MAY NOMINATE PERSONS TO BE 1,135
CONSIDERED FOR APPOINTMENT AS COUNCIL MEMBERS. 1,136
(C) OF THE INITIAL APPOINTMENTS MADE TO THE COUNCIL, FIVE 1,138
SHALL BE FOR TERMS ENDING THREE YEARS AFTER APPOINTMENT, FOUR 1,139
SHALL BE FOR TERMS ENDING TWO YEARS AFTER APPOINTMENT, AND THREE 1,140
SHALL BE FOR TERMS ENDING ONE YEAR AFTER APPOINTMENT. 1,141
THEREAFTER, TERMS OF OFFICE SHALL BE THREE YEARS. EACH MEMBER 1,142
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 1,143
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE 1,144
REAPPOINTED.
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 1,146
ORIGINAL APPOINTMENTS. A MEMBER APPOINTED TO FILL A VACANCY 1,147
OCCURRING BEFORE THE EXPIRATION DATE OF THE TERM FOR WHICH THE 1,148
MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS A MEMBER 1,149
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN 1,150
OFFICE AFTER THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE 1,151
MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS 1,152
HAS ELAPSED, WHICHEVER OCCURS FIRST. 1,153
(D) A MEMBER MAY BE REMOVED FROM OFFICE FOR FAILING TO 1,155
ATTEND TWO CONSECUTIVE COUNCIL MEETINGS WITHOUT SHOWING GOOD 1,156
CAUSE FOR THE ABSENCES. REMOVAL FROM OFFICE REQUIRES JOINT 1,157
ACTION BY THE DIRECTOR OF AGRICULTURE AND DIRECTOR OF HEALTH. 1,158
(E) THE DIRECTOR OF AGRICULTURE OR THE PERSON THE DIRECTOR 1,160
DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF AND DIRECTOR OF 1,161
HEALTH OR THE PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE 1,162
DIRECTOR'S BEHALF SHALL SERVE AS THE COUNCIL'S CO-CHAIRPERSONS 1,163
25
WITHOUT VOTING RIGHTS. A TWO-THIRDS MAJORITY VOTE OF THE 1,164
COUNCIL'S VOTING MEMBERS IS NECESSARY FOR THE COUNCIL TO ACT ON 1,165
ANY MATTER.
(F) MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY 1,167
EXPENSES INCURRED IN PERFORMING DUTIES AS MEMBERS. THE EXPENSES 1,168
SHALL BE SHARED EQUALLY BY THE DEPARTMENT OF AGRICULTURE AND THE 1,169
DEPARTMENT OF HEALTH. BOTH DEPARTMENTS SHALL PROVIDE 1,170
ADMINISTRATIVE SUPPORT TO THE COUNCIL.
(G) THE RETAIL FOOD SAFETY ADVISORY COUNCIL IS NOT SUBJECT 1,172
TO SECTION 101.84 OF THE REVISED CODE. 1,173
Sec. 3717.03. (A) THE RETAIL FOOD SAFETY ADVISORY COUNCIL 1,175
SHALL MEET AS NECESSARY TO FULFILL ITS DUTIES, WHICH INCLUDE ALL 1,176
THE FOLLOWING: 1,177
(1) MAKING RECOMMENDATIONS FOR THE OHIO UNIFORM FOOD 1,179
SAFETY CODE;
(2) EXAMINING SPECIFIC FOOD SAFETY ISSUES RAISED BY THE 1,181
DIRECTOR OF AGRICULTURE OR DIRECTOR OF HEALTH AND MAKING 1,182
RECOMMENDATIONS REGARDING THOSE ISSUES; 1,183
(3) MEDIATING UNRESOLVED ISSUES AMONG STATE AGENCIES ABOUT 1,185
THE INTERPRETATION OF RULES ADOPTED UNDER THIS CHAPTER AND MAKING 1,187
RECOMMENDATIONS REGARDING THE ISSUES;
(4) MAKING RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE 1,189
AND DIRECTOR OF HEALTH FOR IMPROVING THE FOOD SAFETY AWARENESS OF 1,191
CONSUMERS AND THEIR CONFIDENCE IN THE STATE'S FOOD SUPPLY. 1,192
(B) THE COUNCIL SHALL HOLD A MEETING AT THE REQUEST OF THE 1,195
DIRECTOR OF AGRICULTURE, AT THE REQUEST OF THE DIRECTOR OF
HEALTH, OR ON WRITTEN REQUEST OF THREE OR MORE VOTING MEMBERS OF 1,197
THE COUNCIL.
Sec. 3717.04. THE DIRECTOR OF AGRICULTURE, THE PUBLIC 1,199
HEALTH COUNCIL, AND THE DIRECTOR OF HEALTH HAVE THE EXCLUSIVE 1,201
POWER IN THIS STATE TO ADOPT RULES REGARDING RETAIL FOOD 1,202
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS. THE RULES ADOPTED 1,203
UNDER THIS CHAPTER SHALL BE APPLIED UNIFORMLY THROUGHOUT THIS 1,204
STATE.
26
ALL RULES ADOPTED UNDER THIS CHAPTER SHALL BE ADOPTED IN 1,206
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. SUBJECT TO THE 1,208
APPROVAL OF THE JOINT COMMITTEE ON AGENCY RULE REVIEW, PORTIONS 1,209
OF THE RULES MAY BE ADOPTED BY REFERENCING ALL OR ANY PART OF ANY 1,210
FEDERAL REGULATIONS PERTAINING TO FOOD SAFETY.
Sec. 3717.05. (A) THE DIRECTOR OF AGRICULTURE AND THE 1,213
PUBLIC HEALTH COUNCIL SHALL ADOPT RULES ESTABLISHING STANDARDS 1,214
FOR SAFE FOOD HANDLING AND SANITATION IN RETAIL FOOD 1,215
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS. THE RULES SHALL BE 1,216
COMPILED AS THE OHIO UNIFORM FOOD SAFETY CODE, WHICH SHALL BE 1,218
USED BY THE LICENSORS OF RETAIL FOOD ESTABLISHMENTS AND FOOD
SERVICES OPERATIONS IN ENSURING THE SAFE HANDLING OF FOOD IN THIS 1,219
STATE. ALL SCIENTIFIC PROVISIONS OF THE OHIO UNIFORM FOOD SAFETY 1,221
CODE THAT ARE RELEVANT TO BOTH RETAIL FOOD ESTABLISHMENTS AND
FOOD SERVICE OPERATIONS SHALL BE ADOPTED BY THE DIRECTOR OF 1,222
AGRICULTURE AND THE PUBLIC HEALTH COUNCIL WITH EACH OTHER'S 1,223
CONCURRENCE.
THE OHIO UNIFORM FOOD SAFETY CODE SHALL INCLUDE THE 1,226
FOLLOWING:
(1) CRITERIA FOR SANITATION IN RETAIL FOOD ESTABLISHMENTS 1,228
AND FOOD SERVICE OPERATIONS; 1,229
(2) CRITERIA FOR EQUIPMENT IN RETAIL FOOD ESTABLISHMENTS 1,231
AND FOOD SERVICE OPERATIONS; 1,232
(3) CRITERIA FOR REVIEWING THE FACILITY LAYOUT AND 1,234
EQUIPMENT SPECIFICATIONS OF RETAIL FOOD ESTABLISHMENTS AND FOOD 1,236
SERVICE OPERATIONS;
(4) A DEFINITION OF "POTENTIALLY HAZARDOUS" AS IT PERTAINS 1,239
TO FOOD IN RETAIL FOOD ESTABLISHMENTS AND TO FOOD IN FOOD SERVICE 1,240
OPERATIONS;
(5) CRITERIA TO BE USED IN EVALUATING THE PRIMARY BUSINESS 1,243
OF A PERSON OR GOVERNMENT ENTITY FOR PURPOSES OF DETERMINING 1,244
WHETHER THE PERSON OR ENTITY SHOULD BE LICENSED AS A RETAIL FOOD 1,245
ESTABLISHMENT OR FOOD SERVICE OPERATION.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 1,248
27
SECTION, IF A MODEL FOOD CODE IS ESTABLISHED BY THE UNITED STATES 1,249
FOOD AND DRUG ADMINISTRATION, THE OHIO UNIFORM FOOD SAFETY CODE 1,251
SHALL BE BASED ON THE MOST CURRENT VERSION OF THE FOOD AND DRUG 1,253
ADMINISTRATION'S MODEL FOOD CODE. IF THE FOOD AND DRUG 1,254
ADMINISTRATION ADOPTS, MODIFIES, OR RESCINDS A PROVISION IN THE 1,255
MODEL FOOD CODE, NOT LATER THAN NINE MONTHS AFTER THE 1,256
ADMINISTRATION'S ACTION, THE DIRECTOR OF AGRICULTURE AND PUBLIC 1,257
HEALTH COUNCIL SHALL ADOPT, AMEND, OR RESCIND PROVISIONS IN THE 1,258
OHIO UNIFORM FOOD SAFETY CODE TO ENSURE THAT IT CONTINUES TO
CONFORM WITH THE MODEL FOOD CODE. 1,260
(2) THE OHIO UNIFORM FOOD SAFETY CODE MAY CONTAIN OR OMIT 1,262
PROVISIONS THAT DO NOT CORRESPOND TO THE FOOD AND DRUG 1,265
ADMINISTRATION'S MODEL FOOD CODE IF THE DIRECTOR OF AGRICULTURE 1,267
OR THE PUBLIC HEALTH COUNCIL, WITH EACH OTHER'S CONCURRENCE,
DETERMINES EITHER OF THE FOLLOWING: 1,269
(a) THAT RULES CAN BE ADOPTED UNDER THIS CHAPTER THAT 1,271
PROVIDE PROTECTION AT LEAST AS EFFECTIVE AS THAT WHICH WOULD BE 1,272
PROVIDED BY BASING THE RULES ON THE MODEL FOOD CODE; 1,274
(b) THAT LOCAL CONDITIONS WARRANT THE ADOPTION OF 1,276
STANDARDS THAT ARE DIFFERENT FROM THE MODEL FOOD CODE. 1,277
Sec. 3717.06. THE DIRECTOR OF AGRICULTURE SHALL CREATE 1,279
WITHIN THE DEPARTMENT OF AGRICULTURE A POSITION TO BE FILLED BY 1,280
AN INDIVIDUAL KNOWLEDGEABLE IN FOOD SAFETY AND THE EPIDEMIOLOGY 1,281
OF FOODBORNE ILLNESS. THE DIRECTOR OF HEALTH SHALL CREATE WITHIN 1,283
THE DEPARTMENT OF HEALTH A POSITION TO BE FILLED BY AN INDIVIDUAL
KNOWLEDGEABLE IN FOOD SAFETY RULES CONCERNING FOOD SERVICE 1,284
OPERATIONS AND THE EPIDEMIOLOGY OF FOODBORNE ILLNESS. THE 1,285
INDIVIDUALS APPOINTED TO THESE POSITIONS SHALL SERVE AS LIAISONS 1,286
BETWEEN THE DEPARTMENTS. THEY SHALL ALSO SERVE AS THE 1,288
DEPARTMENTS' LIAISONS WITH OTHER STATE AGENCIES, BOARDS OF 1,289
HEALTH, REPRESENTATIVES OF RETAIL AND OTHER FOOD ESTABLISHMENTS, 1,290
REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND THE FEDERAL 1,292
GOVERNMENT.
Sec. 3717.07. FOR PURPOSES OF ESTABLISHING A LICENSING FEE 1,294
28
UNDER SECTIONS 3717.25 AND 3717.45 OF THE REVISED CODE, THE 1,295
DIRECTOR OF AGRICULTURE AND THE PUBLIC HEALTH COUNCIL SHALL ADOPT 1,297
RULES ESTABLISHING UNIFORM METHODOLOGIES FOR USE IN CALCULATING 1,299
THE COSTS OF LICENSING RETAIL FOOD ESTABLISHMENTS IN THE
CATEGORIES SPECIFIED BY THE DIRECTOR AND THE COSTS OF LICENSING 1,301
FOOD SERVICE OPERATIONS IN THE CATEGORIES SPECIFIED BY THE 1,302
COUNCIL. IN ADOPTING THE RULES, THE DIRECTOR OF AGRICULTURE AND 1,303
THE PUBLIC HEALTH COUNCIL SHALL CONSIDER ANY RECOMMENDATIONS 1,304
RECEIVED FROM ADVISORY BOARDS OR OTHER ENTITIES REPRESENTING THE 1,305
INTERESTS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,306
OPERATIONS.
WITH REGARD TO ANY FEES CHARGED FOR LICENSING VENDING 1,308
MACHINE LOCATIONS, THE RULES SHALL PROHIBIT A LICENSOR FROM 1,309
INCREASING FEES BY A PERCENTAGE OF INCREASE OVER THE PREVIOUS 1,310
YEAR'S FEE THAT EXCEEDS THE PERCENTAGE OF INCREASE IN THE 1,311
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (UNITED STATES CITY 1,312
AVERAGE, ALL ITEMS), PREPARED BY THE UNITED STATES DEPARTMENT OF 1,313
LABOR, BUREAU OF LABOR STATISTICS, FOR THE IMMEDIATELY PRECEDING 1,315
CALENDAR YEAR.
Sec. 3717.08 (A) THE DIRECTOR OF AGRICULTURE AND DIRECTOR 1,317
OF HEALTH SHALL STRIVE TO INCREASE CONSUMER CONFIDENCE IN THE 1,318
STATE'S FOOD SUPPLY BY PROMOTING FOOD SAFETY AWARENESS AND 1,320
EDUCATION. THE EFFORTS OF THE DIRECTOR OF AGRICULTURE AND 1,321
DIRECTOR OF HEALTH SHALL BE MADE, WHEN APPROPRIATE AND AVAILABLE, 1,322
THROUGH PARTNERSHIPS WITH REPRESENTATIVES OF RETAIL FOOD 1,323
ESTABLISHMENTS, REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND 1,324
REPRESENTATIVES OF THE ACADEMIC COMMUNITY, INCLUDING THE OHIO 1,325
STATE UNIVERSITY EXTENSION SERVICE. 1,326
(B) AS PART OF THEIR PROMOTION OF FOOD SAFETY AWARENESS, 1,328
THE DIRECTOR OF AGRICULTURE AND THE DIRECTOR OF HEALTH SHALL DO 1,329
THE FOLLOWING:
(1) DEVELOP TRAINING PROGRAMS REGARDING THE OHIO UNIFORM 1,331
FOOD SAFETY CODE. THE DIRECTORS MAY OFFER THE TRAINING PROGRAMS 1,333
SEPARATELY BUT SHALL COORDINATE THE CONTENT OF THE PROGRAMS TO 1,335
29
THE GREATEST EXTENT PRACTICABLE. THE TRAINING PROGRAMS SHALL BE 1,336
MADE AVAILABLE TO THE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE, 1,337
EMPLOYEES OF THE DEPARTMENT OF HEALTH, REPRESENTATIVES OF BOARDS 1,338
OF HEALTH AND THE HEALTH OFFICIALS EMPLOYED BY THE BOARDS, 1,339
REPRESENTATIVES OF RETAIL FOOD ESTABLISHMENTS, AND 1,340
REPRESENTATIVES OF FOOD SERVICE OPERATIONS. 1,341
(2) CO-SPONSOR A BIENNIAL STATEWIDE FOOD SAFETY 1,343
CONFERENCE. ADDITIONAL STATEWIDE FOOD SAFETY CONFERENCES MAY BE 1,344
HELD AS CONSIDERED APPROPRIATE BY THE DIRECTOR OF AGRICULTURE AND 1,345
DIRECTOR OF HEALTH. 1,346
Sec. 3732.14 3717.09. In accordance with rules adopted by 1,355
the public health council under section 3732.02 3717.51 of the 1,357
Revised Code, the director of health shall approve courses of 1,359
study for certification in food protection AS IT PERTAINS TO 1,360
RETAIL FOOD ESTABLISHMENTS AND AS IT PERTAINS TO FOOD SERVICE 1,361
OPERATIONS. The director shall certify individuals in food 1,364
protection who successfully complete a course of study approved 1,365
under this section and meet all other certification requirements 1,366
specified in rules adopted by the public health council under 1,367
section 3732.02 3717.51 of the Revised Code. 1,368
Sec. 3732.09 3717.11. (A) The director of health shall 1,377
survey the EACH board of health of each city or general health 1,379
district, or the authority having the duties of a board of health 1,380
under section 3709.05 of the Revised Code, that licenses or 1,381
proposes to license food service operations SHALL BE SURVEYED for 1,382
the purpose of determining whether the board or authority is 1,384
qualified AND HAS THE CAPACITY to administer and enforce this 1,387
chapter and the rules adopted under it AND TO ABIDE BY THE OHIO 1,388
UNIFORM FOOD SAFETY CODE. Each IF THE BOARD LICENSES OR PROPOSES 1,389
TO LICENSE RETAIL FOOD ESTABLISHMENTS, THE SURVEY SHALL BE 1,390
CONDUCTED BY THE DIRECTOR OF AGRICULTURE. IF THE BOARD LICENSES 1,391
OR PROPOSES TO LICENSE FOOD SERVICE OPERATIONS, THE SURVEY SHALL 1,392
BE CONDUCTED BY THE DIRECTOR OF HEALTH. 1,393
EACH board or authority shall be surveyed BY EACH DIRECTOR 1,396
30
at least once every three years. Surveys shall be conducted in 1,399
accordance with rules adopted by the director under section 1,401
3732.13 SECTIONS 3717.33 AND 3717.52 of the Revised Code, AS 1,403
APPLICABLE. THE DIRECTORS SHALL SCHEDULE AND CONDUCT THEIR 1,404
SURVEYS IN A MANNER THAT MINIMIZES, TO THE EXTENT PRACTICABLE, 1,405
INTRUSION ON AND INCONVENIENCE TO THE BOARD.
If the director determines A SURVEY DEMONSTRATES that the 1,407
board or authority is qualified AND HAS THE REQUISITE CAPACITY, 1,410
the director CONDUCTING THE SURVEY shall approve it THE BOARD as 1,411
the licensor OF RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE 1,413
OPERATIONS, WHICHEVER IS BEING CONSIDERED, for the district it 1,416
THE BOARD serves. If the director determines A SURVEY 1,417
DEMONSTRATES that a board or authority is not qualified OR DOES 1,418
NOT HAVE THE REQUISITE CAPACITY, the director CONDUCTING THE 1,420
SURVEY shall not approve it THE BOARD as a licensor, or shall 1,422
revoke the DIRECTOR'S approval, whichever is appropriate. If the 1,424
THE BOARD MAY APPEAL THE DECISION TO DENY OR REVOKE APPROVAL TO 1,425
THE DIRECTOR TAKING THE ACTION. THE APPEAL SHALL BE CONDUCTED IN 1,426
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3717.33 OR 3717.52 OF
THE REVISED CODE, AS APPLICABLE. 1,427
IF approval is not granted DENIED or is revoked, the 1,431
director TAKING THE ACTION SHALL DESIGNATE AN ALTERNATIVE 1,433
LICENSOR FOR THE DISTRICT. THE ALTERNATIVE LICENSOR SHALL BE A 1,434
BOARD OF HEALTH THAT IS QUALIFIED AND HAS THE REQUISITE CAPACITY 1,436
TO SERVE AS ALTERNATIVE LICENSOR, EXCEPT THAT IF A QUALIFIED AND 1,437
CAPABLE BOARD IS NOT AVAILABLE FROM A HEALTH DISTRICT WITHIN 1,438
REASONABLE PROXIMITY, THE DIRECTOR THAT DENIED OR REVOKED THE 1,439
BOARD'S APPROVAL shall act as the ALTERNATIVE licensor for the 1,440
district or designate an alternative licensor to act as the 1,441
licensor for the district.
(B) When the director revokes the approval of a board or 1,443
authority IS REVOKED, all valid food service operation licenses 1,445
issued by that board or authority FOR RETAIL FOOD ESTABLISHMENTS 1,447
OR FOOD SERVICE OPERATIONS, WHICHEVER HAVE BEEN AFFECTED, shall 1,449
31
be treated as though issued by the director or the alternative 1,450
licensor, whichever is acting as the licensor for the district, 1,451
and. THE LICENSES shall remain valid until scheduled to expire 1,453
unless earlier suspended or revoked by the director or
alternative licensor under section 3732.11 of the Revised Code. 1,454
(C) All fees charged under section 3732.04 3717.25 OR 1,456
3717.45 of the Revised Code that have not been expended by a 1,458
board or authority that has had its approval revoked shall be 1,459
transferred to the alternative licensor or to the director, 1,460
whichever is appropriate. An A BOARD OF HEALTH ACTING AS 1,462
alternative licensor shall deposit the fees into a special fund 1,463
it establishes for receipt of funds pertaining to the district 1,464
for which it is acting as licensor. IF THE DIRECTOR OF 1,466
AGRICULTURE IS ACTING AS LICENSOR, THE DIRECTOR SHALL DEPOSIT THE 1,467
FEES IN THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE 1,468
REVISED CODE. If the director OF HEALTH is acting as licensor, 1,471
the DIRECTOR SHALL DEPOSIT THE fees shall be deposited in the 1,472
general operations fund created in section 3701.82 3701.83 of the 1,473
Revised Code. All fees charged in the district by the 1,475
alternative licensor or director shall be deposited in the same 1,476
manner. Moneys deposited under this division shall be used 1,477
solely for the administration and enforcement of this chapter and 1,478
the rules adopted under it in the district for which the 1,479
alternative licensor or the director is acting as licensor. 1,481
(D)(1) A board or authority that has had its approval TO 1,483
ACT AS A LICENSOR revoked may submit a request to the director 1,485
WHO REVOKED THE APPROVAL to be reinstated as a licensor. The 1,487
request shall be in writing and shall specify the corrective 1,488
measures the board or authority has taken and a proposed plan of 1,489
action to remedy any remaining causes of the revocation. The 1,490
director may reinstate the board or authority as a licensor if 1,491
all of the following occur:
(a) The board or authority pays or arranges to pay the 1,493
alternative licensor or director, as applicable, for costs 1,494
32
incurred in acting as licensor for the district and in 1,495
transferring responsibility for the district to the board or 1,496
authority, if those costs exceed the moneys available under 1,497
division (C) of this section for the district; 1,498
(b) The board or authority corrects all causes of the 1,500
revocation; 1,501
(c) The alternative licensor or director, as applicable, 1,503
consents to the reinstatement. 1,504
(2) The reinstatement of a board or authority as a 1,506
licensor shall be conducted in accordance with procedures 1,507
established in rules adopted UNDER THIS CHAPTER by the director 1,508
under section 3732.13 of the Revised Code WHO REVOKED THE 1,511
APPROVAL.
Sec. 3732.06 3717.12. If all or part of the territory 1,520
within a health district becomes subject to the jurisdiction of a 1,522
different board of health of a city or general health district or 1,523
authority having the duties of a board of health under section 1,524
3709.05 of the Revised Code, all valid RETAIL FOOD ESTABLISHMENT 1,525
OR food service operation licenses issued by the original board 1,527
or authority OF HEALTH shall be treated as though issued by the 1,529
board or authority OF HEALTH with jurisdiction over the territory 1,531
and shall remain valid until scheduled to expire unless earlier 1,532
suspended or revoked by the board or authority under section 1,533
3732.11 of the Revised Code THIS CHAPTER. 1,535
Sec. 3732.10 3717.13. A licensor may employ or enter into 1,544
contracts with qualified persons and government entities to 1,545
conduct inspections and to assist the licensor by performing 1,546
routine services in the administration and enforcement of this 1,547
chapter and the rules adopted under it. 1,548
Sec. 3717.21. EXCEPT AS PROVIDED IN SECTION 3717.22 OF THE 1,550
REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL OPERATE A 1,552
RETAIL FOOD ESTABLISHMENT WITHOUT A LICENSE. A SEPARATE LICENSE 1,553
IS REQUIRED FOR EACH RETAIL FOOD ESTABLISHMENT THAT A PERSON OR 1,554
GOVERNMENT ENTITY OPERATES.
33
NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH 1,556
ANY OTHER REQUIREMENT OF THIS CHAPTER APPLICABLE TO RETAIL FOOD 1,558
ESTABLISHMENTS.
Sec. 3717.22. (A) THE FOLLOWING ARE NOT RETAIL FOOD 1,560
ESTABLISHMENTS: 1,561
(1) A FOOD SERVICE OPERATION LICENSED UNDER THIS CHAPTER, 1,564
INCLUDING A FOOD SERVICE OPERATION THAT PROVIDES THE SERVICES OF 1,565
A RETAIL FOOD ESTABLISHMENT PURSUANT TO AN ENDORSEMENT ISSUED 1,566
UNDER SECTION 3717.44 OF THE REVISED CODE; 1,567
(2) AN ENTITY EXEMPT UNDER DIVISIONS (B)(1) TO (9), (11), 1,568
OR (12) OF SECTION 3717.42 OF THE REVISED CODE FROM THE 1,569
REQUIREMENT TO BE LICENSED AS A FOOD SERVICE OPERATION AND AN 1,570
ENTITY EXEMPT UNDER DIVISION (B)(10) OF THAT SECTION IF THE 1,571
ENTITY IS REGULATED BY THE DEPARTMENT OF AGRICULTURE AS A 1,572
WHOLESALE FOOD ESTABLISHMENT UNDER SECTION 3715.021 OF THE 1,573
REVISED CODE;
(3) A BUSINESS REGULATED BY THE FEDERAL GOVERNMENT OR THE 1,575
DEPARTMENT OF AGRICULTURE AS A FOOD MANUFACTURING OR FOOD 1,576
PROCESSING OPERATION, INCLUDING AN OPERATION REGULATED BY THE 1,577
DEPARTMENT OF AGRICULTURE UNDER CHAPTER 911., 915., OR 925. OF 1,578
THE REVISED CODE.
(B) ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT 1,580
TO BE LICENSED AS A RETAIL FOOD ESTABLISHMENT: 1,581
(1) AN OPERATION WITH COMMERCIALLY PREPACKAGED FOODS THAT 1,584
ARE NOT POTENTIALLY HAZARDOUS AND CONTAINED IN DISPLAYS OF LESS 1,585
THAN TEN CUBIC FEET;
(2) A STORAGE FACILITY OF LESS THAN FIVE HUNDRED SQUARE 1,588
FEET CONTAINING PREPACKAGED FOODS THAT ARE NOT POTENTIALLY 1,589
HAZARDOUS;
(3) A ROADSIDE MARKET THAT OFFERS ONLY FRESH FRUITS AND 1,592
FRESH VEGETABLES THAT ARE UNPROCESSED;
(4) A NONPROFIT ORGANIZATION EXEMPT FROM FEDERAL INCOME 1,594
TAXATION UNDER SECTION 501(c)(3) OF THE "INTERNAL REVENUE CODE OF 1,596
1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, THAT RAISES 1,597
34
FUNDS BY SELLING DISPLAYED FOODS, IF THE FOODS ARE NOT 1,598
POTENTIALLY HAZARDOUS AND THE DISPLAY IS MADE FOR NOT MORE THAN 1,599
SEVEN CONSECUTIVE DAYS OR MORE THAN FIFTY-TWO SEPARATE DAYS 1,600
DURING A LICENSING PERIOD.
Sec. 3717.23. (A) EACH PERSON OR GOVERNMENT ENTITY 1,603
SEEKING A RETAIL FOOD ESTABLISHMENT LICENSE OR THE RENEWAL OF A 1,604
LICENSE SHALL APPLY TO THE APPROPRIATE LICENSOR ON A FORM 1,605
PROVIDED BY THE LICENSOR. A LICENSOR SHALL USE A FORM PRESCRIBED 1,606
AND FURNISHED TO THE LICENSOR BY THE DIRECTOR OF AGRICULTURE OR A 1,607
FORM PRESCRIBED BY THE LICENSOR THAT HAS BEEN APPROVED BY THE 1,608
DIRECTOR. THE APPLICANT SHALL INCLUDE WITH THE APPLICATION ALL 1,609
INFORMATION NECESSARY FOR THE LICENSOR TO PROCESS THE 1,610
APPLICATION, AS REQUESTED BY THE LICENSOR. 1,611
AN APPLICATION FOR A RETAIL FOOD ESTABLISHMENT LICENSE 1,613
SHALL BE SUBMITTED TO THE LICENSOR FOR THE HEALTH DISTRICT IN 1,615
WHICH THE RETAIL FOOD ESTABLISHMENT IS LOCATED. 1,616
(B) THE LICENSOR SHALL REVIEW ALL APPLICATIONS RECEIVED. 1,619
THE LICENSOR SHALL ISSUE A LICENSE FOR A NEW RETAIL FOOD 1,620
ESTABLISHMENT WHEN THE APPLICANT SUBMITS A COMPLETE APPLICATION 1,621
AND THE LICENSOR DETERMINES THAT THE APPLICANT MEETS ALL OTHER 1,622
REQUIREMENTS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT FOR 1,624
RECEIVING THE LICENSE. THE LICENSOR SHALL ISSUE A RENEWED
LICENSE ON RECEIPT OF A COMPLETE RENEWAL APPLICATION. 1,626
THE LICENSOR SHALL ISSUE LICENSES FOR RETAIL FOOD 1,628
ESTABLISHMENTS ON FORMS PRESCRIBED AND FURNISHED BY THE DIRECTOR 1,629
OF AGRICULTURE.
(C)(1) A RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES AT THE 1,631
END OF THE LICENSING PERIOD FOR WHICH THE LICENSE IS ISSUED, 1,633
EXCEPT AS FOLLOWS:
(a) A LICENSE ISSUED TO A NEW RETAIL FOOD ESTABLISHMENT 1,636
AFTER THE FIRST DAY OF DECEMBER DOES NOT EXPIRE UNTIL THE END OF 1,637
THE LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE. 1,638
(b) A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES 1,640
AT THE END OF THE PERIOD FOR WHICH IT IS ISSUED. 1,641
35
(2) ALL RETAIL FOOD ESTABLISHMENT LICENSES REMAIN VALID 1,644
UNTIL SCHEDULED TO EXPIRE UNLESS EARLIER SUSPENDED OR REVOKED 1,646
UNDER SECTION 3717.29 OR 3717.30 OF THE REVISED CODE. 1,647
(D) A RETAIL FOOD ESTABLISHMENT LICENSE MAY BE RENEWED, 1,649
EXCEPT THAT A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE IS NOT 1,650
RENEWABLE. A PERSON OR GOVERNMENT ENTITY SEEKING LICENSE RENEWAL 1,651
SHALL SUBMIT AN APPLICATION FOR RENEWAL TO THE LICENSOR NOT LATER 1,652
THAN THE FIRST DAY OF MARCH, EXCEPT IN THE CASE OF A SEASONAL 1,653
RETAIL FOOD ESTABLISHMENT, WHEN THE RENEWAL APPLICATION SHALL BE 1,654
SUBMITTED BEFORE COMMENCING OPERATION IN A NEW LICENSING PERIOD. 1,655
A LICENSOR MAY RENEW A LICENSE PRIOR TO THE FIRST DAY OF MARCH, 1,657
BUT NOT BEFORE THE FIRST DAY OF FEBRUARY IMMEDIATELY PRECEDING 1,659
THE LICENSING PERIOD FOR WHICH THE LICENSE IS BEING RENEWED. 1,660
IF A PERSON OR GOVERNMENT ENTITY DOES NOT FILE A RENEWAL 1,662
APPLICATION WITH THE LICENSOR POSTMARKED ON OR BEFORE THE FIRST 1,663
DAY OF MARCH OR, IN THE CASE OF A SEASONAL RETAIL FOOD 1,664
ESTABLISHMENT, THE FIRST DAY OF OPERATION IN A NEW LICENSING 1,665
PERIOD, THE LICENSOR SHALL ASSESS A PENALTY OF TWENTY-FIVE PER 1,666
CENT OF THE FEE CHARGED FOR RENEWING THE LICENSE, IF THE LICENSOR 1,667
CHARGES RENEWAL FEES. IF AN APPLICANT IS SUBJECT TO A PENALTY, 1,669
THE LICENSOR SHALL NOT RENEW THE LICENSE UNTIL THE APPLICANT PAYS 1,670
THE PENALTY.
(E)(1) A LICENSOR MAY ISSUE NOT MORE THAN TEN TEMPORARY 1,673
RETAIL FOOD ESTABLISHMENT LICENSES PER LICENSING PERIOD TO THE 1,674
SAME PERSON OR GOVERNMENT ENTITY TO OPERATE AT DIFFERENT EVENTS 1,675
WITHIN THE LICENSOR'S JURISDICTION. FOR EACH PARTICULAR EVENT, A 1,677
LICENSOR MAY ISSUE ONLY ONE TEMPORARY RETAIL FOOD ESTABLISHMENT 1,678
LICENSE TO THE SAME PERSON OR GOVERNMENT ENTITY. 1,679
(2) A LICENSOR MAY ISSUE A TEMPORARY RETAIL FOOD 1,680
ESTABLISHMENT LICENSE TO OPERATE FOR MORE THAN FIVE CONSECUTIVE 1,681
DAYS IF BOTH OF THE FOLLOWING APPLY: 1,682
(a) THE ESTABLISHMENT WILL BE OPERATED AT AN EVENT 1,683
ORGANIZED BY A COUNTY AGRICULTURAL SOCIETY OR INDEPENDENT 1,685
AGRICULTURAL SOCIETY ORGANIZED UNDER CHAPTER 1711. OF THE REVISED 1,686
36
CODE.
(b) THE PERSON WHO WILL RECEIVE THE LICENSE IS A RESIDENT 1,687
OF THE COUNTY OR ONE OF THE COUNTIES FOR WHICH THE AGRICULTURAL 1,689
SOCIETY WAS ORGANIZED. 1,690
(3) A PERSON MAY BE GRANTED ONLY ONE TEMPORARY RETAIL FOOD 1,691
ESTABLISHMENT LICENSE PER LICENSING PERIOD PURSUANT TO DIVISION 1,693
(E)(2) OF THIS SECTION.
(F) THE LICENSOR MAY PLACE RESTRICTIONS OR CONDITIONS ON A 1,695
RETAIL FOOD ESTABLISHMENT LICENSE, BASED ON THE EQUIPMENT OR 1,696
FACILITIES OF THE ESTABLISHMENT, LIMITING THE TYPES OF FOOD THAT 1,697
MAY BE STORED, PROCESSED, PREPARED, MANUFACTURED, OR OTHERWISE 1,698
HELD OR HANDLED FOR RETAIL SALE.
(G) THE PERSON OR GOVERNMENT ENTITY HOLDING A LICENSE FOR 1,700
A RETAIL FOOD ESTABLISHMENT SHALL DISPLAY THE LICENSE FOR THAT 1,702
RETAIL FOOD ESTABLISHMENT AT ALL TIMES AT THE LICENSED LOCATION. 1,703
(H) WITH THE ASSISTANCE OF THE DEPARTMENT OF AGRICULTURE, 1,706
THE LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE
PROCESS FOR LICENSING RETAIL FOOD ESTABLISHMENTS. 1,707
Sec. 3717.24. (A) THE PERSON OR GOVERNMENT ENTITY HOLDING 1,710
A LICENSE FOR A RETAIL FOOD ESTABLISHMENT MAY PROVIDE THE
SERVICES OF A FOOD SERVICE OPERATION WITHIN THE RETAIL FOOD 1,711
ESTABLISHMENT WITHOUT OBTAINING A FOOD SERVICE OPERATION LICENSE 1,712
IF THE PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF RETAIL 1,713
FOOD ESTABLISHMENTS AN ENDORSEMENT TO PROVIDE THE SERVICES OF A 1,714
FOOD SERVICE OPERATION.
(B) WHEN THE ACTIVITIES OF A RETAIL FOOD ESTABLISHMENT AND 1,717
A FOOD SERVICE OPERATION ARE CARRIED ON WITHIN THE SAME FACILITY 1,718
BY THE SAME PERSON OR GOVERNMENT ENTITY, THE DETERMINATION OF 1,719
WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A RETAIL FOOD 1,720
ESTABLISHMENT OR FOOD SERVICE OPERATION SHALL BE MADE ACCORDING
TO THE PRIMARY BUSINESS OF THE PERSON OR ENTITY. IF THE PRIMARY 1,722
BUSINESS IS THAT OF A RETAIL FOOD ESTABLISHMENT, THE PERSON OR 1,723
ENTITY SHALL BE LICENSED AS A RETAIL FOOD ESTABLISHMENT OPERATION 1,724
WITH AN ENDORSEMENT FROM THE LICENSOR ISSUED UNDER THIS SECTION 1,725
37
TO PROVIDE THE SERVICES OF A FOOD SERVICE OPERATION. IF THE 1,726
PRIMARY BUSINESS IS THAT OF A FOOD SERVICE OPERATION, THE PERSON 1,727
OR ENTITY SHALL BE LICENSED AS A FOOD SERVICE OPERATION AND IS 1,728
SUBJECT TO THE ENDORSEMENT PROVISIONS OF SECTION 3717.44 OF THE 1,729
REVISED CODE.
THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,732
OPERATIONS FOR THE AREA IN WHICH A FACILITY IS LOCATED SHALL MAKE 1,733
THE DETERMINATION OF WHETHER THE PRIMARY BUSINESS CARRIED ON 1,734
WITHIN A FACILITY IS THAT OF A RETAIL FOOD ESTABLISHMENT OR FOOD 1,735
SERVICE OPERATION. IF THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS 1,736
FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF FOOD SERVICE
OPERATIONS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH 1,737
LICENSORS. EACH DETERMINATION SHALL BE MADE ACCORDING TO 1,739
CRITERIA SPECIFIED IN THE OHIO UNIFORM FOOD SAFETY CODE.
(C) A REQUEST TO HAVE A RETAIL FOOD ESTABLISHMENT LICENSE 1,742
INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN APPLICATION FOR 1,743
ISSUANCE OR RENEWAL OF A RETAIL FOOD ESTABLISHMENT OR MAY BE 1,744
SUBMITTED SEPARATELY. PROCEDURES FOR MAKING SEPARATE REQUESTS 1,745
SHALL BE THE SAME AS THE LICENSE APPLICATION PROCEDURES 1,746
ESTABLISHED UNDER SECTION 3717.23 OF THE REVISED CODE. 1,747
AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME 1,749
MANNER AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION 1,750
3717.29 OR 3717.30 OF THE REVISED CODE. THE SUSPENSION OR 1,751
REVOCATION OF AN ENDORSEMENT DOES NOT AFFECT THE RETAIL FOOD 1,752
ESTABLISHMENT LICENSE THAT INCLUDES THE ENDORSEMENT. IF THE 1,753
RETAIL FOOD ESTABLISHMENT LICENSE IS SUSPENDED OR REVOKED, THE 1,754
ENDORSEMENT INCLUDED ON THE LICENSE IS ALSO SUSPENDED OR REVOKED. 1,756
(D) IF A FOOD SERVICE OPERATION IS OPERATED WITHIN A 1,759
RETAIL FOOD ESTABLISHMENT BY A PERSON OR GOVERNMENT ENTITY OTHER 1,760
THAN THE PERSON OR ENTITY HOLDING THE LICENSE TO OPERATE THE 1,761
RETAIL FOOD ESTABLISHMENT, THE FOOD SERVICE OPERATION MAY NOT BE 1,762
OPERATED UNDER AN ENDORSEMENT ISSUED UNDER THIS SECTION. THE
OPERATION SHALL BE LICENSED AS A SEPARATE FOOD SERVICE OPERATION. 1,764
Sec. 3717.25. (A) A LICENSOR MAY CHARGE FEES FOR ISSUING 1,767
38
AND RENEWING RETAIL FOOD ESTABLISHMENT LICENSES. ANY LICENSING 1,768
FEE CHARGED SHALL BE USED SOLELY FOR THE ADMINISTRATION AND 1,769
ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER AND THE RULES 1,772
ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.
ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL BE BASED 1,774
ON THE LICENSOR'S COSTS OF REGULATING RETAIL FOOD ESTABLISHMENTS, 1,775
AS DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES ESTABLISHED 1,776
UNDER SECTION 3717.07 OF THE REVISED CODE. IF THE LICENSOR IS A 1,777
BOARD OF HEALTH, A FEE MAY BE DISAPPROVED BY THE DISTRICT 1,779
ADVISORY COUNCIL IN THE CASE OF A GENERAL HEALTH DISTRICT OR THE 1,780
LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF A CITY HEALTH 1,781
DISTRICT. A DISAPPROVED FEE SHALL NOT BE CHARGED BY THE BOARD OF 1,782
HEALTH. 1,783
AT LEAST THIRTY DAYS PRIOR TO ESTABLISHING A LICENSING FEE, 1,786
THE LICENSOR SHALL HOLD A PUBLIC HEARING REGARDING THE PROPOSED 1,787
FEE. AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARING, THE 1,788
LICENSOR SHALL GIVE WRITTEN NOTICE OF THE HEARING TO EACH PERSON 1,789
OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD ESTABLISHMENT LICENSE 1,790
THAT MAY BE AFFECTED BY THE PROPOSED FEE. THE NOTICE SHALL BE 1,791
MAILED TO THE LAST KNOWN ADDRESS OF THE LICENSEE AND SHALL 1,792
SPECIFY THE DATE, TIME, AND PLACE OF THE HEARING AND THE AMOUNT 1,793
OF THE PROPOSED FEE. ON REQUEST, THE LICENSOR SHALL PROVIDE THE 1,794
COMPLETED UNIFORM METHODOLOGY USED IN THE CALCULATION OF THE 1,795
LICENSOR'S COSTS AND THE PROPOSED FEE. 1,796
(B) IN ADDITION TO LICENSING FEES, A LICENSOR MAY CHARGE 1,799
FEES FOR ANY OF THE FOLLOWING: 1,800
(1) REVIEW OF FACILITY LAYOUT AND EQUIPMENT SPECIFICATIONS 1,801
PERTAINING TO RETAIL FOOD ESTABLISHMENTS; 1,803
(2) ANY NECESSARY COLLECTION AND BACTERIOLOGICAL 1,805
EXAMINATION OF SAMPLES FROM RETAIL FOOD ESTABLISHMENTS OR SIMILAR 1,806
SERVICES SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY THE 1,807
DIRECTOR OF AGRICULTURE;
(3) ATTENDANCE AT A COURSE OF STUDY OFFERED BY THE 1,809
LICENSOR IN FOOD PROTECTION AS IT PERTAINS TO RETAIL FOOD 1,810
39
ESTABLISHMENTS, IF THE COURSE IS APPROVED UNDER SECTION 3717.09 1,811
OF THE REVISED CODE.
(C) THE DIRECTOR MAY DETERMINE BY RULE AN AMOUNT TO BE 1,814
COLLECTED FROM APPLICANTS FOR RETAIL FOOD ESTABLISHMENT LICENSES 1,815
FOR USE BY THE DIRECTOR IN ADMINISTERING AND ENFORCING THE 1,816
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 1,817
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. LICENSORS SHALL 1,818
COLLECT THE AMOUNT PRIOR TO ISSUING AN APPLICANT'S NEW OR RENEWED 1,819
LICENSE. IF A LICENSING FEE IS CHARGED UNDER THIS SECTION, THE 1,820
LICENSOR SHALL COLLECT THE AMOUNT AT THE SAME TIME THE FEE IS 1,821
COLLECTED. LICENSORS ARE NOT REQUIRED TO PROVIDE NOTICE OR HOLD 1,822
PUBLIC HEARINGS REGARDING AMOUNTS COLLECTED UNDER THIS DIVISION. 1,823
NOT LATER THAN SIXTY DAYS AFTER THE LAST DAY OF THE MONTH 1,825
IN WHICH A LICENSE IS ISSUED, THE LICENSOR SHALL CERTIFY THE 1,826
AMOUNT COLLECTED UNDER THIS DIVISION AND TRANSMIT THE AMOUNT TO 1,827
THE TREASURER OF STATE. ALL AMOUNTS RECEIVED SHALL BE DEPOSITED 1,828
INTO THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE 1,831
REVISED CODE. THE DIRECTOR SHALL USE THE AMOUNTS SOLELY FOR THE 1,832
ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER 1,833
AND THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 1,835
ESTABLISHMENTS.
WHEN ADOPTING RULES REGARDING THE AMOUNTS COLLECTED UNDER 1,837
THIS DIVISION, THE DIRECTOR SHALL MAKE AVAILABLE DURING THE RULE 1,838
MAKING PROCESS THE CURRENT AND PROJECTED EXPENSES OF 1,839
ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS CHAPTER AND 1,840
THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 1,842
ESTABLISHMENTS AND THE TOTAL OF ALL AMOUNTS THAT HAVE BEEN 1,843
DEPOSITED IN THE FOOD SAFETY FUND PURSUANT TO THIS DIVISION. 1,844
Sec. 3717.26. (A) A LICENSOR MAY TRANSFER A RETAIL FOOD 1,847
ESTABLISHMENT LICENSE UNDER EITHER OF THE FOLLOWING
CIRCUMSTANCES: 1,848
(1) THE SALE OR DISPOSITION OF THE RETAIL FOOD 1,850
ESTABLISHMENT; 1,851
(2) THE RELOCATION OF THE RETAIL FOOD ESTABLISHMENT. 1,854
40
(B) A PERSON OR GOVERNMENT ENTITY MAY REQUEST TO RECEIVE A 1,857
RETAIL FOOD ESTABLISHMENT LICENSE BY TRANSFER. A LICENSOR MAY 1,858
TRANSFER A LICENSE ONLY ON DETERMINING THAT THE PERSON OR 1,859
GOVERNMENT ENTITY REQUESTING THE TRANSFER IS IN COMPLIANCE WITH 1,860
THE PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 1,862
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. IN THE CASE OF THE 1,863
SALE OR DISPOSITION OF A RETAIL FOOD ESTABLISHMENT, THE LICENSOR 1,864
MAY TRANSFER A LICENSE ONLY IF THE LICENSEE CONSENTS TO THE 1,865
TRANSFER. A LICENSOR MAY NOT TRANSFER A LICENSE MORE THAN ONCE 1,867
IN A LICENSING PERIOD. A LICENSE FOR A TEMPORARY RETAIL FOOD 1,868
ESTABLISHMENT IS NOT TRANSFERABLE.
Sec. 3717.27. (A) ALL INSPECTIONS OF RETAIL FOOD 1,870
ESTABLISHMENTS CONDUCTED BY A LICENSOR UNDER THIS CHAPTER SHALL 1,871
BE CONDUCTED ACCORDING TO THE PROCEDURES AND SCHEDULE OF 1,872
FREQUENCY SPECIFIED IN RULES ADOPTED UNDER SECTION 3717.33 OF THE 1,873
REVISED CODE. AN INSPECTION MAY BE PERFORMED ONLY BY AN
INDIVIDUAL REGISTERED AS A SANITARIAN OR SANITARIAN-IN-TRAINING 1,875
UNDER CHAPTER 4736. OF THE REVISED CODE. EACH INSPECTION SHALL 1,877
BE RECORDED ON A FORM PRESCRIBED AND FURNISHED BY THE DIRECTOR OF 1,878
AGRICULTURE OR A FORM APPROVED BY THE DIRECTOR THAT HAS BEEN 1,879
PRESCRIBED BY A BOARD OF HEALTH ACTING AS LICENSOR. WITH THE 1,880
ASSISTANCE OF THE DIRECTOR, A BOARD ACTING AS LICENSOR, TO THE 1,881
EXTENT PRACTICABLE, SHALL COMPUTERIZE THE INSPECTION PROCESS AND 1,883
STANDARDIZE THE MANNER IN WHICH ITS INSPECTIONS ARE CONDUCTED. 1,885
(B) A PERSON OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD 1,887
ESTABLISHMENT LICENSE SHALL PERMIT THE LICENSOR TO INSPECT THE 1,889
RETAIL FOOD ESTABLISHMENT FOR PURPOSES OF DETERMINING COMPLIANCE 1,890
WITH THIS CHAPTER AND THE RULES ADOPTED UNDER IT OR INVESTIGATING 1,891
A COMPLAINT CONCERNING THE ESTABLISHMENT. ON REQUEST OF THE 1,892
LICENSOR, THE LICENSEE SHALL PERMIT THE LICENSOR TO EXAMINE THE 1,893
RECORDS OF THE RETAIL FOOD ESTABLISHMENT TO OBTAIN INFORMATION 1,894
ABOUT THE PURCHASE, RECEIPT, OR USE OF FOOD, SUPPLIES, AND 1,895
EQUIPMENT. 1,896
(C) AN INSPECTION MAY INCLUDE THE FOLLOWING: 1,899
41
(1) AN INVESTIGATION TO DETERMINE THE IDENTITY AND SOURCE 1,902
OF A PARTICULAR FOOD;
(2) REMOVAL FROM USE OF ANY EQUIPMENT, UTENSILS, HAND 1,904
TOOLS, OR PARTS OF FACILITIES FOUND TO BE MAINTAINED IN A 1,905
CONDITION THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC 1,906
HEALTH.
Sec. 3717.28. TRADE SECRETS AND OTHER FORMS OF INFORMATION 1,908
THAT UNDER THIS CHAPTER ARE REQUIRED TO BE FURNISHED TO OR ARE 1,909
PROCURED BY A LICENSOR OF RETAIL FOOD ESTABLISHMENTS SHALL BE FOR 1,910
THE EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE 1,911
DISCHARGE OF THE LICENSOR'S OFFICIAL DUTIES. THE INFORMATION 1,912
SHALL NOT BE OPEN TO THE PUBLIC OR USED IN ANY ACTION OR 1,913
PROCEEDING IN ANY COURT. IF THE LICENSOR IS A BOARD OF HEALTH, 1,914
THE BOARD MAY SHARE THE INFORMATION WITH THE DIRECTOR OF 1,915
AGRICULTURE AND DIRECTOR OF HEALTH IF THE LICENSOR IS THE
DIRECTOR OF AGRICULTURE, THE DIRECTOR MAY SHARE THE INFORMATION 1,916
WITH THE DIRECTOR OF HEALTH. 1,917
THE LICENSOR SHALL MAINTAIN THE CONFIDENTIALITY OF THE 1,919
INFORMATION, EXCEPT THAT THE INFORMATION MAY BE CONSOLIDATED IN 1,920
STATISTICAL TABLES AND PUBLISHED BY THE LICENSOR IN STATISTICAL 1,921
FORM FOR THE USE AND INFORMATION OF STATE AND LOCAL AGENCIES AND 1,922
THE PUBLIC, IF THE STATISTICS DO NOT DISCLOSE DETAILS ABOUT A 1,923
PARTICULAR PERSON OR GOVERNMENT ENTITY THAT PROVIDED INFORMATION 1,924
TO THE LICENSOR. AN INDIVIDUAL EMPLOYED BY THE LICENSOR OR 1,925
ASSISTING THE LICENSOR IN THE ADMINISTRATION OF THE RETAIL FOOD 1,926
ESTABLISHMENT LICENSING REQUIREMENTS OF THIS CHAPTER SHALL NOT 1,927
WILLFULLY DIVULGE ANY INFORMATION THAT IS CONFIDENTIAL UNDER THIS 1,928
SECTION TO ANY PERSON OR GOVERNMENT ENTITY OTHER THAN THE 1,929
LICENSOR OR THE INDIVIDUAL'S SUPERIOR. 1,930
Sec. 3717.29. (A) THIS SECTION APPLIES WHEN THE LICENSOR 1,932
OF RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH. 1,933
(B) A BOARD OF HEALTH MAY SUSPEND OR REVOKE A RETAIL FOOD 1,936
ESTABLISHMENT LICENSE ON DETERMINING THAT THE LICENSE HOLDER IS 1,937
IN VIOLATION OF ANY REQUIREMENT OF THIS CHAPTER OR THE RULES 1,938
42
ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS, 1,939
INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN 1,940
SANITARY CONDITIONS WITHIN THE ESTABLISHMENT.
(C)(1) EXCEPT IN THE CASE OF A VIOLATION THAT PRESENTS A 1,943
CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, BEFORE INITIATING 1,944
ACTION TO SUSPEND OR REVOKE A RETAIL FOOD ESTABLISHMENT LICENSE, 1,945
THE BOARD SHALL GIVE THE LICENSE HOLDER WRITTEN NOTICE SPECIFYING 1,947
EACH VIOLATION AND A REASONABLE TIME WITHIN WHICH THE LICENSE 1,948
HOLDER MUST CORRECT EACH VIOLATION TO AVOID SUSPENSION OR
REVOCATION OF THE LICENSE. THE BOARD MAY EXTEND THE TIME 1,950
SPECIFIED IN THE NOTICE FOR CORRECTING A VIOLATION IF THE LICENSE 1,951
HOLDER IS MAKING A GOOD FAITH EFFORT TO CORRECT IT. 1,952
IF THE LICENSE HOLDER FAILS TO CORRECT THE VIOLATION IN THE 1,954
TIME GRANTED BY THE BOARD, THE BOARD MAY INITIATE ACTION TO 1,955
SUSPEND OR REVOKE THE RETAIL FOOD ESTABLISHMENT LICENSE BY GIVING 1,957
THE LICENSE HOLDER WRITTEN NOTICE OF THE PROPOSED SUSPENSION OR 1,958
REVOCATION. THE BOARD SHALL INCLUDE IN THE NOTICE A DESCRIPTION 1,959
OF THE PROCEDURE FOR APPEALING THE PROPOSED SUSPENSION OR 1,960
REVOCATION. THE LICENSE HOLDER MAY APPEAL THE PROPOSED
SUSPENSION OR REVOCATION BY GIVING WRITTEN NOTICE TO THE BOARD. 1,962
THE LICENSE HOLDER SHALL SPECIFY IN THE NOTICE WHETHER A HEARING 1,963
IS REQUESTED. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH 1,964
DIVISION (C)(3) OF THIS SECTION. 1,965
A HEALTH COMMISSIONER OR OTHER PERSON EMPLOYED BY THE 1,967
BOARD, IF THE HEALTH COMMISSIONER OR PERSON IS AUTHORIZED BY THE 1,969
BOARD TO TAKE THE ACTION, MAY TAKE ANY ACTION THAT THE BOARD MAY 1,970
TAKE UNDER DIVISION (C)(1) OF THIS SECTION. 1,971
(2) IF A BOARD INITIATES ACTIONS TO REVOKE OR, EXCEPT IN 1,974
THE CASE OF A VIOLATION THAT PRESENTS A CLEAR AND PRESENT DANGER 1,975
TO THE PUBLIC HEALTH, TO SUSPEND A RETAIL FOOD ESTABLISHMENT 1,976
LICENSE, THE BOARD SHALL DETERMINE WHETHER TO REVOKE OR SUSPEND 1,977
THE LICENSE BY A MAJORITY VOTE OF THE BOARD MEMBERS WHO ARE 1,978
PRESENT AT A MEETING AT WHICH THERE IS A QUORUM. 1,979
IF THE BOARD DECIDES TO REVOKE OR SUSPEND THE LICENSE, THE 1,982
43
BOARD SHALL ISSUE A FORMAL WRITTEN ORDER REVOKING OR SUSPENDING 1,983
THE LICENSE.
(3) AN APPEAL MADE UNDER DIVISION (C)(1) OF THIS SECTION 1,985
SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN 1,987
RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 1,988
3717.33 OF THE REVISED CODE. IF A LICENSE HOLDER REQUESTS A 1,989
HEARING, THE BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER 1,991
UNDER DIVISION (C)(2) OF THIS SECTION BUT MAY HOLD THE HEARING AT 1,993
THE SAME MEETING AT WHICH ISSUANCE OF THE ORDER IS CONSIDERED. 1,994
(D)(1) ON DETERMINING THAT A LICENSE HOLDER IS IN 1,997
VIOLATION OF ANY REQUIREMENT OF THIS CHAPTER OR THE RULES ADOPTED 1,998
UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS AND THAT THE 1,999
VIOLATION PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC 2,000
HEALTH, THE BOARD MAY SUSPEND THE RETAIL FOOD ESTABLISHMENT 2,001
LICENSE WITHOUT GIVING WRITTEN NOTICE OR AFFORDING THE LICENSE 2,002
HOLDER THE OPPORTUNITY TO CORRECT THE VIOLATION. 2,003
A SUSPENSION UNDER DIVISION (D)(1) OF THIS SECTION TAKES 2,006
EFFECT IMMEDIATELY AND REMAINS IN EFFECT UNTIL THE BOARD RESCINDS 2,008
THE SUSPENSION.
AFTER SUSPENDING A LICENSE UNDER DIVISION (D)(1) OF THIS 2,011
SECTION, THE LICENSOR SHALL GIVE THE LICENSE HOLDER WRITTEN 2,012
NOTICE OF THE PROCEDURE FOR APPEALING THE SUSPENSION. THE 2,013
LICENSE HOLDER MAY APPEAL THE SUSPENSION BY GIVING WRITTEN NOTICE 2,015
TO THE BOARD AND SPECIFYING IN THE NOTICE WHETHER A HEARING IS 2,016
REQUESTED. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH
DIVISION (D)(2) OF THIS SECTION. 2,017
A HEALTH COMMISSIONER, IF AUTHORIZED BY THE BOARD TO TAKE 2,020
THE ACTION, MAY TAKE ANY ACTION THAT MAY BE TAKEN BY THE BOARD 2,021
UNDER DIVISION (D)(1) OF THIS SECTION. A HEALTH COMMISSIONER WHO 2,022
SUSPENDS A LICENSE UNDER THIS AUTHORITY, ON DETERMINING THAT 2,024
THERE IS NO LONGER A CLEAR AND PRESENT DANGER TO THE PUBLIC 2,025
HEALTH, MAY RESCIND THE SUSPENSION WITHOUT CONSULTING THE BOARD. 2,026
(2) IF THE LICENSE HOLDER APPEALS A SUSPENSION UNDER 2,028
DIVISION (D)(1) OF THIS SECTION, THE BOARD SHALL DETERMINE 2,030
44
WHETHER THE CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH 2,031
CONTINUES TO EXIST BY MAJORITY VOTE OF THE BOARD MEMBERS WHO ARE 2,033
PRESENT AT A MEETING AT WHICH THERE IS A QUORUM. 2,034
IF THE BOARD DETERMINES THAT THERE IS NO LONGER A CLEAR AND 2,037
PRESENT DANGER TO THE PUBLIC HEALTH, THE BOARD SHALL RESCIND THE 2,038
SUSPENSION. IF THE BOARD DETERMINES THAT THE CLEAR AND PRESENT 2,039
DANGER CONTINUES TO EXIST, THE BOARD SHALL ISSUE AN ORDER 2,040
CONTINUING THE SUSPENSION.
(3) AN APPEAL REQUESTED UNDER DIVISION (D)(1) OF THIS 2,043
SECTION SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES 2,044
ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER 2,045
SECTION 3717.33 OF THE REVISED CODE. IF THE LICENSE HOLDER 2,046
REQUESTS A HEARING, THE BOARD SHALL HOLD THE HEARING NOT LATER 2,048
THAN TWO BUSINESS DAYS AFTER THE BOARD RECEIVES THE REQUEST. THE 2,049
BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER UNDER 2,050
DIVISION (D)(2) OF THIS SECTION BUT MAY CONDUCT THE HEARING AT 2,051
THE SAME MEETING AT WHICH ISSUANCE OF THE ORDER IS CONSIDERED. 2,054
(E) A LICENSE HOLDER MAY APPEAL AN ORDER ISSUED UNDER 2,057
DIVISION (C) OR (D) OF THIS SECTION TO THE COMMON PLEAS COURT OF 2,059
THE COUNTY IN WHICH THE LICENSOR IS LOCATED.
Sec. 3717.30. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,068
OF RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE. 2,069
(B) THE DIRECTOR OF AGRICULTURE MAY SUSPEND OR REVOKE A 2,072
RETAIL FOOD ESTABLISHMENT LICENSE ON DETERMINING THAT A LICENSE 2,074
HOLDER IS IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER OR THE 2,076
RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD ESTABLISHMENTS,
INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN 2,077
SANITARY CONDITIONS WITHIN THE ESTABLISHMENT. EXCEPT AS PROVIDED 2,079
IN DIVISION (C)(9) OF THIS SECTION, THE SUSPENSION OR REVOCATION 2,081
OF A LICENSE IS NOT EFFECTIVE UNTIL THE LICENSE HOLDER IS GIVEN 2,082
WRITTEN NOTICE OF THE VIOLATION, A REASONABLE AMOUNT OF TIME TO 2,083
CORRECT THE VIOLATION, AND AN OPPORTUNITY FOR A HEARING. 2,084
(C) ALL ACTIONS AND PROCEEDINGS UNDERTAKEN PURSUANT TO 2,087
THIS SECTION SHALL COMPLY WITH CHAPTER 119. OF THE REVISED CODE, 2,090
45
EXCEPT AS FOLLOWS:
(1) THE LOCATION OF ANY ADJUDICATORY HEARING THAT THE 2,092
LICENSE HOLDER REQUESTS SHALL BE THE DIRECTOR'S OFFICES IN 2,093
LICKING COUNTY. 2,094
(2) THE DIRECTOR SHALL NOTIFY A LICENSE HOLDER BY 2,096
CERTIFIED MAIL OR PERSONAL DELIVERY THAT THE LICENSE HOLDER IS 2,097
CONDITIONALLY ENTITLED TO A HEARING. THE DIRECTOR SHALL SPECIFY 2,098
IN THE NOTICE THAT, IN ORDER TO OBTAIN A HEARING, THE LICENSE 2,099
HOLDER MUST REQUEST THE HEARING NOT LATER THAN TEN DAYS AFTER THE 2,100
DATE OF RECEIPT OF THE NOTICE. 2,101
(3) IF THE LICENSE HOLDER REQUESTS A HEARING, THE DATE SET 2,103
FOR THE HEARING SHALL BE NOT LATER THAN TEN DAYS AFTER THE DATE 2,104
ON WHICH THE DIRECTOR RECEIVES THE REQUEST, UNLESS THE DIRECTOR 2,105
AND THE LICENSE HOLDER AGREE OTHERWISE. 2,106
(4) THE DIRECTOR SHALL NOT POSTPONE OR CONTINUE AN 2,108
ADJUDICATION HEARING WITHOUT THE CONSENT OF THE LICENSE HOLDER. 2,109
IF THE LICENSE HOLDER REQUESTS A POSTPONEMENT OR CONTINUATION OF 2,110
AN ADJUDICATION HEARING, THE DIRECTOR SHALL NOT GRANT IT UNLESS 2,111
THE LICENSE HOLDER DEMONSTRATES THAT AN EXTREME HARDSHIP WILL BE 2,112
INCURRED IN HOLDING THE ADJUDICATION HEARING ON THAT HEARING 2,113
DATE. IF THE DIRECTOR GRANTS A POSTPONEMENT OR CONTINUATION ON 2,115
THE GROUNDS OF EXTREME HARDSHIP, THE RECORD SHALL DOCUMENT THE 2,116
NATURE AND CAUSE OF THE EXTREME HARDSHIP. 2,117
(5) IN LIEU OF HAVING A HEARING AND UPON THE LICENSE 2,119
HOLDER'S WRITTEN REQUEST TO THE DIRECTOR, THE LICENSE HOLDER MAY 2,120
SUBMIT TO THE DIRECTOR, NOT LATER THAN THE DATE OF THE HEARING 2,121
SET PURSUANT TO DIVISION (C)(3) OF THIS SECTION, DOCUMENTS, 2,123
PAPERS, AND OTHER WRITTEN EVIDENCE TO SUPPORT THE LICENSE 2,124
HOLDER'S CLAIM.
(6) IF THE DIRECTOR APPOINTS A REFEREE OR EXAMINER TO 2,126
CONDUCT THE HEARING, THE FOLLOWING APPLY: 2,127
(a) A COPY OF THE WRITTEN ADJUDICATION REPORT AND 2,129
RECOMMENDATIONS OF THE REFEREE OR EXAMINER SHALL BE SERVED BY 2,130
CERTIFIED MAIL UPON THE DIRECTOR AND THE LICENSE HOLDER NOT LATER 2,132
46
THAN THREE BUSINESS DAYS FOLLOWING THE CONCLUSION OF THE HEARING. 2,134
(b) NOT LATER THAN THREE BUSINESS DAYS AFTER RECEIPT OF 2,137
THE REPORT AND RECOMMENDATIONS, THE LICENSE HOLDER MAY FILE WITH 2,138
THE DIRECTOR WRITTEN OBJECTIONS TO THE REPORT AND
RECOMMENDATIONS. 2,139
(c) THE DIRECTOR SHALL CONSIDER THE OBJECTIONS SUBMITTED 2,142
BY THE LICENSE HOLDER BEFORE APPROVING, MODIFYING, OR
DISAPPROVING THE REPORT AND RECOMMENDATIONS. THE DIRECTOR SHALL 2,143
SERVE THE DIRECTOR'S ORDER UPON THE LICENSE HOLDER BY CERTIFIED 2,145
MAIL NOT LATER THAN SIX BUSINESS DAYS AFTER RECEIVING THE REPORT 2,146
AND RECOMMENDATIONS.
(7) IF THE DIRECTOR CONDUCTS THE HEARING, THE DIRECTOR 2,148
SHALL SERVE THE DIRECTOR'S DECISION BY CERTIFIED MAIL UPON THE 2,149
LICENSE HOLDER NOT LATER THAN THREE BUSINESS DAYS FOLLOWING THE 2,150
CLOSE OF THE HEARING. 2,151
(8) IF NO HEARING IS HELD, THE DIRECTOR SHALL ISSUE AN 2,153
ORDER BY CERTIFIED MAIL TO THE LICENSE HOLDER NOT LATER THAN 2,155
THREE BUSINESS DAYS FOLLOWING THE LAST DATE POSSIBLE FOR A 2,156
HEARING, BASED ON THE RECORD THAT IS AVAILABLE. 2,157
(9) IF THE DIRECTOR DETERMINES THAT AN EMERGENCY EXISTS 2,159
THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, 2,160
THE DIRECTOR MAY SUSPEND A LICENSE, EFFECTIVE WITHOUT A HEARING. 2,161
THEREAFTER, WITHOUT DELAY, THE DIRECTOR SHALL AFFORD THE LICENSE 2,162
HOLDER AN OPPORTUNITY FOR HEARING. ON DETERMINING THAT THERE IS 2,163
NO LONGER A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, THE 2,164
DIRECTOR MAY RESCIND THE SUSPENSION WITHOUT A HEARING. 2,165
Sec. 3717.31. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,167
OF RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH. 2,168
AS USED IN THIS SECTION, "PROSECUTOR" HAS THE SAME MEANING 2,171
AS IN SECTION 2935.01 OF THE REVISED CODE. 2,173
(B) AT THE REQUEST OF THE BOARD OF HEALTH, THE PROSECUTOR 2,176
WITH JURISDICTION IN THE AREA WHERE A PERSON ALLEGEDLY HAS 2,177
VIOLATED SECTION 3717.21 OF THE REVISED CODE SHALL COMMENCE A 2,179
CRIMINAL PROSECUTION AGAINST THE PERSON.
47
AT THE REQUEST OF A BOARD OF HEALTH, THE DIRECTOR OF 2,181
AGRICULTURE SHALL PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN THE 2,182
PROSECUTION OF A PERSON WHO IS NOT IN COMPLIANCE WITH THE 2,183
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 2,184
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. REQUESTS SHALL BE MADE 2,185
AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH RULES ADOPTED 2,186
BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 3717.33 OF THE
REVISED CODE.
(C) AT THE REQUEST OF THE BOARD OF HEALTH, THE PROSECUTOR 2,189
WITH JURISDICTION IN THE AREA WHERE A PERSON OR GOVERNMENT ENTITY 2,190
ALLEGEDLY HAS FAILED TO COMPLY WITH A REQUIREMENT OF THIS CHAPTER 2,192
OR THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD
ESTABLISHMENTS SHALL COMMENCE IN COMMON PLEAS COURT AN ACTION 2,194
REQUESTING THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER OR A 2,195
PRELIMINARY OR PERMANENT INJUNCTION OR A MANDAMUS ACTION 2,196
REGARDING THE ACT OF NONCOMPLIANCE. THE COURT MAY GRANT THE
APPROPRIATE RELIEF IF IT IS SHOWN THAT THE RESPONDENT FAILED TO 2,197
COMPLY WITH THE REQUIREMENT. 2,199
NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION 2,201
2705.05 OF THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND 2,204
TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH A 2,205
RESTRAINING ORDER, INJUNCTION, OR WRIT OF MANDAMUS ISSUED
PURSUANT TO THIS DIVISION SHALL BE FINED NOT MORE THAN ONE 2,206
THOUSAND DOLLARS FOR EACH OFFENSE. EACH DAY THE NONCOMPLIANCE 2,207
CONTINUES IS A SEPARATE OFFENSE. 2,208
(D) FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS 2,209
SECTION SHALL BE DEPOSITED IN AN APPROPRIATE FUND CREATED FOR THE 2,210
BOARD'S USE IN ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND 2,212
THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 2,213
ESTABLISHMENTS. THE REMAINING FIFTY PER CENT SHALL BE CREDITED 2,214
TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE 2,215
CASE IS PROSECUTED. 2,216
(E) THE REMEDIES AVAILABLE UNDER THIS SECTION ARE IN 2,219
ADDITION TO ANY OTHER REMEDIES AVAILABLE UNDER THE LAW. 2,220
48
Sec. 3717.32. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,229
OF RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE. 2,231
(B) IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW AND 2,233
IRRESPECTIVE OF WHETHER AN ADEQUATE REMEDY AT LAW EXISTS, THE 2,234
DIRECTOR OF AGRICULTURE MAY APPLY TO THE COURT OF COMMON PLEAS 2,235
FOR A TEMPORARY OR PERMANENT INJUNCTION OR OTHER APPROPRIATE 2,237
RELIEF CONCERNING THE VIOLATION OF A PROVISION OF THIS CHAPTER OR
THE RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD 2,238
ESTABLISHMENTS. APPLICATION SHALL BE MADE TO THE COURT IN THE 2,239
COUNTY IN WHICH THE VIOLATION OCCURS. 2,240
NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION 2,241
2705.05 OF THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND 2,242
TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH AN 2,244
INJUNCTION OR OTHER RELIEF ISSUED PURSUANT TO THIS DIVISION SHALL 2,246
BE FINED NOT MORE THAN ONE THOUSAND DOLLARS. EACH DAY THE
NONCOMPLIANCE CONTINUES IS A SEPARATE OFFENSE. 2,248
(C) FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS 2,249
SECTION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT 2,250
OF THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE REVISED 2,252
CODE. THE REMAINING FIFTY PER CENT SHALL BE CREDITED TO THE 2,254
GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE CASE IS 2,256
PROSECUTED.
Sec. 3717.33. PURSUANT TO SECTION 3717.04 OF THE REVISED 2,259
CODE, THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES REGARDING THE 2,260
FOLLOWING:
(A) LICENSING CATEGORIES FOR RETAIL FOOD ESTABLISHMENTS 2,263
AND LICENSING REQUIREMENTS FOR EACH CATEGORY, INCLUDING 2,264
APPROPRIATE PRACTICES FOR THE ACTIVITIES PERFORMED BY A RETAIL
FOOD ESTABLISHMENT; 2,265
(B) STANDARDS FOR COLLECTION OF FOOD SAMPLES FROM RETAIL 2,268
FOOD ESTABLISHMENTS FOR PURPOSES OF IDENTIFYING ADULTERATION AND
MISBRANDING; 2,269
(C) RECORDS TO BE GENERATED AND MAINTAINED BY LICENSED 2,272
RETAIL FOOD ESTABLISHMENTS;
49
(D) APPEALS OF PROPOSED SUSPENSIONS AND REVOCATIONS OF 2,275
RETAIL FOOD ESTABLISHMENT LICENSES AND APPEALS OF SUSPENSIONS OF 2,276
LICENSES ISSUED FOR VIOLATIONS PRESENTING A CLEAR AND PRESENT
DANGER TO THE PUBLIC HEALTH; 2,277
(E) STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF 2,279
FREQUENCY, FOR CONDUCTING INSPECTIONS OF RETAIL FOOD 2,281
ESTABLISHMENTS;
(F) STANDARDS AND PROCEDURES FOR DETERMINING DURING AN 2,283
INSPECTION WHETHER ARTICLES SHOULD BE REMOVED FROM USE BECAUSE OF 2,284
A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH; 2,285
(G) STANDARDS AND PROCEDURES FOR CONDUCTING INVESTIGATIONS 2,288
OF COMPLAINTS PERTAINING TO RETAIL FOOD ESTABLISHMENTS; 2,289
(H) SURVEYS CONDUCTED BY THE DIRECTOR TO DETERMINE WHETHER 2,293
BOARDS OF HEALTH ARE QUALIFIED AND HAVE THE CAPACITY TO
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER AND THE 2,294
RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS 2,295
AND TO ABIDE BY THE OHIO UNIFORM FOOD SAFETY CODE; 2,296
(I) REINSTATEMENT OF A BOARD OF HEALTH AS A LICENSOR AFTER 2,299
THE DIRECTOR HAS REVOKED THE APPROVAL OF THE BOARD; 2,300
(J) PROCEDURES FOR RESOLVING DISPUTES BETWEEN LICENSORS 2,303
AND THE HOLDERS OF LICENSES FOR RETAIL FOOD ESTABLISHMENTS; 2,304
(K) PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A 2,306
BOARD OF HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A 2,307
PERSON FOR A VIOLATION OF THE PROVISIONS OF THIS CHAPTER 2,308
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS;
(L) ANY OTHER MATTER THE DIRECTOR CONSIDERS RELEVANT TO 2,311
THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS
CHAPTER APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. 2,312
Sec. 3717.41. EXCEPT AS PROVIDED IN SECTION 3717.42 OF 2,314
THE REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL OPERATE A 2,316
FOOD SERVICE OPERATION WITHOUT A LICENSE. A SEPARATE LICENSE IS 2,317
REQUIRED FOR EACH FOOD SERVICE OPERATION A PERSON OR GOVERNMENT 2,318
ENTITY OPERATES.
NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH 2,320
50
ANY OTHER REQUIREMENT OF THIS CHAPTER APPLICABLE TO FOOD SERVICE 2,322
OPERATIONS.
Sec. 3717.42. (A) THE FOLLOWING ARE NOT FOOD SERVICE 2,324
OPERATIONS:
(1) A RETAIL FOOD ESTABLISHMENT LICENSED UNDER THIS 2,326
CHAPTER, INCLUDING A RETAIL FOOD ESTABLISHMENT THAT PROVIDES THE 2,327
SERVICES OF A FOOD SERVICE OPERATION PURSUANT TO AN ENDORSEMENT 2,328
ISSUED UNDER SECTION 3717.44 OF THE REVISED CODE; 2,329
(2) AN ENTITY EXEMPT FROM THE REQUIREMENT TO BE LICENSED 2,330
AS A RETAIL FOOD ESTABLISHMENT UNDER DIVISION (B) OF SECTION 2,331
3717.22 OF THE REVISED CODE; 2,332
(3) A BUSINESS REGULATED BY THE FEDERAL GOVERNMENT OR THE 2,333
DEPARTMENT OF AGRICULTURE AS A FOOD MANUFACTURING OR FOOD 2,334
PROCESSING OPERATION, INCLUDING AN OPERATION REGULATED BY THE 2,335
DEPARTMENT OF AGRICULTURE UNDER CHAPTER 911., 915., OR 925. OF 2,336
THE REVISED CODE. 2,337
(B) ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT 2,338
TO BE LICENSED AS A FOOD SERVICE OPERATION: 2,340
(1) A PRIVATE HOME IN WHICH INDIVIDUALS RELATED BY BLOOD, 2,341
MARRIAGE, OR LAW RESIDE AND IN WHICH THE FOOD THAT IS PREPARED OR 2,342
SERVED IS INTENDED ONLY FOR THOSE INDIVIDUALS AND THEIR NONPAYING 2,343
GUESTS; 2,344
(2) A PRIVATE HOME OPERATED AS A BED-AND-BREAKFAST THAT 2,346
PREPARES AND OFFERS FOOD TO GUESTS, IF THE HOME IS 2,347
OWNER-OCCUPIED, THE NUMBER OF AVAILABLE GUEST BEDROOMS DOES NOT 2,348
EXCEED SIX, BREAKFAST IS THE ONLY MEAL OFFERED, THE NUMBER OF 2,349
GUESTS SERVED DOES NOT EXCEED SIXTEEN, AND THE CONSUMER IS 2,350
INFORMED BY STATEMENTS CONTAINED IN PUBLISHED ADVERTISEMENTS, 2,351
MAILED BROCHURES, AND PLACARDS POSTED AT THE REGISTRATION AREA 2,352
THAT THE FOOD IS PREPARED IN A KITCHEN THAT IS NOT REGULATED AND 2,353
INSPECTED UNDER THIS CHAPTER;
(3) A STAND OPERATED ON THE PREMISES OF A PRIVATE HOME BY 2,354
ONE OR MORE CHILDREN UNDER THE AGE OF TWELVE, IF THE FOOD SERVED 2,355
IS NOT POTENTIALLY HAZARDOUS; 2,356
51
(4) A RESIDENTIAL FACILITY THAT ACCOMMODATES NOT MORE THAN 2,357
SIXTEEN RESIDENTS; IS LICENSED, CERTIFIED, REGISTERED, OR 2,358
OTHERWISE REGULATED BY THE FEDERAL GOVERNMENT OR BY THE STATE OR 2,359
A POLITICAL SUBDIVISION OF THE STATE; AND PREPARES FOOD FOR OR 2,360
SERVES FOOD TO ONLY THE RESIDENTS OF THE FACILITY, THE STAFF OF 2,361
THE FACILITY, AND ANY NONPAYING GUESTS OF RESIDENTS OR STAFF; 2,362
(5) A CHURCH, SCHOOL, FRATERNAL OR VETERANS' ORGANIZATION, 2,365
VOLUNTEER FIRE ORGANIZATION, OR VOLUNTEER EMERGENCY MEDICAL 2,366
SERVICE ORGANIZATION PREPARING OR SERVING FOOD INTENDED FOR 2,367
INDIVIDUAL PORTION SERVICE ON ITS PREMISES FOR NOT MORE THAN 2,368
SEVEN CONSECUTIVE DAYS OR NOT MORE THAN FIFTY-TWO SEPARATE DAYS 2,370
DURING A LICENSING PERIOD;
(6) A COMMON CARRIER THAT PREPARES OR SERVES FOOD, IF THE 2,372
CARRIER IS REGULATED BY THE FEDERAL GOVERNMENT; 2,373
(7) A FOOD SERVICE OPERATION SERVING FIVE OR FEWER 2,375
INDIVIDUALS DAILY;
(8) A TYPE A OR TYPE B FAMILY DAY-CARE HOME, AS DEFINED IN 2,378
SECTION 5104.01 OF THE REVISED CODE, THAT PREPARES OR SERVES FOOD 2,380
FOR THE CHILDREN RECEIVING DAY-CARE;
(9) A VENDING MACHINE LOCATION WHERE THE ONLY FOODS 2,383
DISPENSED ARE FOODS FROM ONE OR BOTH OF THE FOLLOWING CATEGORIES: 2,384
(a) PREPACKAGED FOODS THAT ARE NOT POTENTIALLY HAZARDOUS; 2,386
(b) NUTS, PANNED OR WRAPPED BULK CHEWING GUM, OR PANNED OR 2,388
WRAPPED BULK CANDIES. 2,389
(10) A PLACE SERVICING THE VENDING MACHINES AT A VENDING 2,391
MACHINE LOCATION DESCRIBED IN DIVISION (B)(9) OF THIS SECTION; 2,392
(11) A COMMISSARY SERVICING VENDING MACHINES THAT DISPENSE 2,394
ONLY MILK, MILK PRODUCTS, OR FROZEN DESSERTS THAT ARE UNDER A 2,395
STATE OR FEDERAL INSPECTION AND ANALYSIS PROGRAM; 2,396
(12) A "CONTROLLED LOCATION VENDING MACHINE LOCATION," 2,399
WHICH MEANS A VENDING MACHINE LOCATION AT WHICH ALL OF THE
FOLLOWING APPLY: 2,400
(a) THE VENDING MACHINES DISPENSE ONLY FOODS THAT ARE NOT 2,402
POTENTIALLY HAZARDOUS; 2,403
52
(b) THE MACHINES ARE DESIGNED TO BE FILLED AND MAINTAINED 2,405
IN A SANITARY MANNER BY UNTRAINED PERSONS; 2,406
(c) MINIMAL PROTECTION IS NECESSARY TO ENSURE AGAINST 2,408
CONTAMINATION OF FOOD AND EQUIPMENT. 2,409
Sec. 3732.03 3717.43. (A) No person or government entity 2,418
shall operate a food service operation without a license. A 2,420
separate license is required for each food service operation that 2,421
a person or government entity operates. 2,422
(B) Each person or government entity requesting a food 2,424
service operation license or the renewal of a license shall apply 2,425
to the appropriate licensor on a form provided by the licensor. 2,426
Licensors shall use a form prescribed and furnished to the 2,427
licensor by the director of health or a form prescribed by the 2,428
licensor that has been approved by the director. THE APPLICANT 2,429
SHALL INCLUDE WITH THE APPLICATION ALL INFORMATION NECESSARY FOR 2,430
THE LICENSOR TO PROCESS THE APPLICATION, AS REQUESTED BY THE 2,431
LICENSOR.
Applications for food service operation licenses other than 2,433
those for mobile and catering food service operation licenses 2,434
shall be submitted to the licensor for the health district in 2,435
which the food service operation is located. Applications for 2,436
mobile food service operation licenses shall be submitted to the 2,437
licensor for the health district in which the applicant's 2,438
business headquarters are located, or, if the headquarters are 2,439
located outside this state, to the licensor for the district 2,440
where the applicant will first operate in this state. 2,441
Applications for catering food service operation licenses shall 2,442
be submitted to the licensor for the district where the 2,443
applicant's base of operation is located. 2,444
(C) A (B) THE licensor shall review all applications 2,446
received. The licensor shall issue a license for a new food 2,447
service operation when the applicant submits a complete 2,448
application and the licensor determines that the applicant meets 2,449
all other requirements for receiving the license in accordance 2,450
53
with OF this chapter and the rules adopted under it FOR RECEIVING 2,452
THE LICENSE. The licensor shall issue a renewed license on 2,454
receipt of a complete renewal application.
Licenses THE LICENSOR shall be issued ISSUE LICENSES FOR 2,458
FOOD SERVICE OPERATIONS on forms prescribed and furnished by the 2,459
director of health. If the license is for a mobile food service 2,460
operation, the licensor shall post the operation's layout, 2,461
equipment, and menu on the back of the license.
A MOBILE OR CATERING FOOD SERVICE OPERATION LICENSE ISSUED 2,463
BY ONE LICENSOR SHALL BE RECOGNIZED BY ALL OTHER LICENSORS IN 2,464
THIS STATE.
(C)(1) A food service operation license other than a 2,466
temporary food service operation license expires at the end of 2,467
the licensing period for which the license is issued and may be 2,468
renewed. A, EXCEPT AS FOLLOWS: 2,469
(a) A LICENSE ISSUED TO A NEW FOOD SERVICE OPERATION AFTER 2,470
THE FIRST DAY OF DECEMBER SHALL NOT EXPIRE UNTIL THE END OF THE 2,472
LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE. 2,473
(b) A temporary food service operation license expires at 2,476
the end of the period for which it is issued and is not 2,478
renewable. All
(2) ALL food service operation licenses remain valid until 2,481
they are scheduled to expire unless earlier suspended or revoked 2,482
under section 3732.11 3717.49 of the Revised Code.
A mobile or catering food service operation license issued 2,484
by one licensor shall be recognized by all other licensors in 2,485
this state. 2,486
(D) A FOOD SERVICE OPERATION LICENSE MAY BE RENEWED, 2,488
EXCEPT THAT A TEMPORARY FOOD SERVICE OPERATION LICENSE IS NOT 2,489
RENEWABLE. Applications for renewal of food service operation 2,490
licenses other than those for mobile and seasonal food service 2,491
operation licenses shall be submitted to the licensor not later 2,492
than the first day of March. Renewal applications for mobile and 2,493
seasonal food service operation licenses shall be submitted prior 2,494
54
to commencing operation in a new licensing period. A licensor 2,495
may renew a license prior to the first day of March or the first 2,496
day of operation in a new licensing period, but not before the 2,497
first day of February immediately preceding the licensing period 2,498
for which the license is being renewed. 2,499
If a renewal application is not filed with the licensor or 2,501
postmarked on or before the first day of March or, in the case of 2,502
a mobile or seasonal food service operation, the first day of 2,503
operation in a new licensing period, the licensor shall assess a 2,504
penalty of twenty-five per cent of the fee charged for renewing 2,505
licenses, if the licensor charges renewal fees. If an applicant 2,506
is subject to a penalty, the licensor shall not renew the license 2,507
until the applicant pays the penalty. 2,508
(E)(1) Except as provided in division (E)(3) of this 2,510
section, there is no limit on the number of temporary food 2,511
service operation licenses a licensor may issue to a THE SAME 2,512
person or government entity to operate at different events WITHIN 2,514
THE LICENSOR'S JURISDICTION. For each particular event, a 2,516
licensor may issue only one TEMPORARY FOOD SERVICE OPERATION 2,517
license for TO the same operation PERSON OR GOVERNMENT ENTITY. 2,518
(2) A licensor may issue a temporary food service 2,520
operation license to operate for more than five CONSECUTIVE days 2,521
if both of the following apply: 2,522
(a) The operation will be operated at an event organized 2,524
by a county agricultural society or independent agricultural 2,525
society organized under Chapter 1711. of the Revised Code; 2,526
(b) The person who will receive the license is a resident 2,528
of the county or one of the counties for which the agricultural 2,529
society was organized. 2,530
(3) A person may be granted only one temporary food 2,532
service operation license per licensing period pursuant to 2,533
division (E)(2) of this section. 2,534
(F) The licensor may place restrictions or conditions on a 2,536
food service operation license limiting the types of food that 2,537
55
may be prepared or served by the licensee FOOD SERVICE OPERATION 2,538
based on the equipment or facilities of the food service 2,540
operation. Limitations pertaining to a mobile or catering food 2,541
service operation shall be posted on the back of the license. 2,542
(G) A licensee THE PERSON OR GOVERNMENT ENTITY HOLDING A 2,544
LICENSE FOR A FOOD SERVICE OPERATION shall display the license 2,545
for that food service operation at all times at the licensed 2,546
location. A licensee PERSON OR GOVERNMENT ENTITY holding a 2,547
catering food service operation license shall also maintain a 2,549
copy of the license at each catered event.
(H) WITH THE ASSISTANCE OF THE DEPARTMENT OF HEALTH, THE 2,551
LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE 2,552
PROCESS FOR LICENSING FOOD SERVICE OPERATIONS. 2,554
Sec. 3717.44. (A) THE PERSON OR GOVERNMENT ENTITY HOLDING 2,556
A LICENSE FOR A FOOD SERVICE OPERATION MAY PROVIDE THE SERVICES 2,557
OF A RETAIL FOOD ESTABLISHMENT WITHIN THE FOOD SERVICE OPERATION 2,558
WITHOUT OBTAINING A RETAIL FOOD ESTABLISHMENT LICENSE IF THE 2,559
PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF FOOD SERVICE 2,560
OPERATIONS AN ENDORSEMENT TO PROVIDE THE SERVICES OF A RETAIL 2,561
FOOD ESTABLISHMENT.
(B) WHEN THE ACTIVITIES OF A FOOD SERVICE OPERATION AND A 2,564
RETAIL FOOD ESTABLISHMENT ARE CARRIED ON WITHIN THE SAME FACILITY 2,565
BY THE SAME PERSON OR GOVERNMENT ENTITY, THE DETERMINATION OF 2,566
WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A FOOD SERVICE 2,567
OPERATION OR RETAIL FOOD ESTABLISHMENT SHALL BE MADE ACCORDING TO
THE PRIMARY BUSINESS OF THE PERSON OR ENTITY. IF THE PRIMARY 2,569
BUSINESS IS THAT OF A FOOD SERVICE OPERATION, THE PERSON OR 2,570
ENTITY SHALL BE LICENSED AS A FOOD SERVICE OPERATION WITH AN 2,571
ENDORSEMENT FROM THE LICENSOR ISSUED UNDER THIS SECTION TO 2,572
PROVIDE THE SERVICES OF A RETAIL FOOD ESTABLISHMENT. IF THE 2,573
PRIMARY BUSINESS IS THAT OF A RETAIL FOOD ESTABLISHMENT, THE 2,574
PERSON OR ENTITY SHALL BE LICENSED AS A RETAIL FOOD ESTABLISHMENT 2,575
AND IS SUBJECT TO THE ENDORSEMENT PROVISIONS OF SECTION 3717.24 2,576
OF THE REVISED CODE.
56
THE LICENSOR OF FOOD SERVICE OPERATIONS AND RETAIL FOOD 2,578
ESTABLISHMENTS FOR THE AREA IN WHICH A FACILITY IS LOCATED SHALL 2,579
MAKE THE DETERMINATION OF WHETHER THE PRIMARY BUSINESS CARRIED ON 2,581
WITHIN A FACILITY IS THAT OF A FOOD SERVICE OPERATION OR RETAIL 2,582
FOOD ESTABLISHMENT. IF THE LICENSOR OF FOOD SERVICE OPERATIONS 2,583
FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF RETAIL FOOD 2,584
ESTABLISHMENTS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH 2,585
LICENSORS. EACH DETERMINATION SHALL BE MADE ACCORDING TO 2,586
CRITERIA SPECIFIED IN THE OHIO UNIFORM FOOD SAFETY CODE. 2,587
(C) A REQUEST TO HAVE A FOOD SERVICE OPERATION LICENSE 2,590
INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN APPLICATION FOR 2,591
ISSUANCE OR RENEWAL OF A FOOD SERVICE OPERATION LICENSE OR MAY BE 2,592
SUBMITTED SEPARATELY. PROCEDURES FOR MAKING SEPARATE REQUESTS 2,593
SHALL BE THE SAME AS THE LICENSE APPLICATION PROCEDURES 2,594
ESTABLISHED UNDER SECTION 3717.43 OF THE REVISED CODE. 2,595
AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME 2,597
MANNER AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION 2,598
3717.48 OF THE REVISED CODE. THE SUSPENSION OR REVOCATION OF AN 2,600
ENDORSEMENT DOES NOT AFFECT THE FOOD SERVICE OPERATION LICENSE 2,601
THAT INCLUDES THE ENDORSEMENT. IF THE FOOD SERVICE OPERATION
LICENSE IS SUSPENDED OR REVOKED, THE ENDORSEMENT INCLUDED ON THE 2,602
LICENSE IS ALSO SUSPENDED OR REVOKED. 2,603
(D) IF A RETAIL FOOD ESTABLISHMENT IS OPERATED WITHIN A 2,606
FOOD SERVICE OPERATION BY A PERSON OR GOVERNMENT ENTITY OTHER 2,607
THAN THE PERSON OR ENTITY HOLDING THE LICENSE TO OPERATE THE FOOD 2,608
SERVICE OPERATION, THE RETAIL FOOD ESTABLISHMENT MAY NOT BE 2,609
OPERATED UNDER AN ENDORSEMENT. THE ESTABLISHMENT SHALL BE 2,611
LICENSED AS A SEPARATE RETAIL FOOD ESTABLISHMENT. 2,612
Sec. 3732.04 3717.45. (A) A licensor may charge fees for 2,621
issuing and renewing food service operation licenses. Any 2,623
licensing fee charged shall be established in accordance with 2,624
section 3709.09 of the Revised Code. The fees shall be used 2,625
solely for the administration and enforcement of THE PROVISIONS 2,626
OF this chapter and the rules adopted under it APPLICABLE TO FOOD 2,628
57
SERVICE OPERATIONS.
(B) At ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL 2,630
BE BASED ON THE LICENSOR'S COSTS OF LICENSING FOOD SERVICE 2,632
OPERATIONS, AS DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES 2,633
ESTABLISHED UNDER SECTION 3717.07 OF THE REVISED CODE. IF THE 2,634
LICENSOR IS A BOARD OF HEALTH, A FEE MAY BE DISAPPROVED BY THE 2,636
DISTRICT ADVISORY COUNCIL IN THE CASE OF A GENERAL HEALTH 2,637
DISTRICT OR THE LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF 2,638
A CITY HEALTH DISTRICT. A DISAPPROVED FEE SHALL NOT BE CHARGED 2,640
BY THE BOARD OF HEALTH.
AT least thirty days prior to establishing a licensing fee, 2,642
the licensor shall hold a public hearing regarding the proposed 2,643
fee. At least thirty days prior to the public hearing, the 2,644
licensor shall give written notice of the hearing to each
licensee PERSON OR GOVERNMENT ENTITY HOLDING A FOOD SERVICE 2,645
OPERATION LICENSE that may be affected by the proposed fee. The 2,646
notice shall be mailed to the last known address of the licensee 2,647
and shall specify the date, time, and place of the hearing and 2,648
the amount of the proposed fee. On request, the licensor shall 2,649
provide the completed uniform methodology used in the calculation 2,650
of the licensor's costs and the proposed fee. 2,651
(C)(B) In addition to licensing fees, a licensor may 2,653
charge fees for the following: 2,654
(1) Review of FACILITY LAYOUT AND EQUIPMENT SPECIFICATIONS 2,656
PERTAINING TO food service operation plans OPERATIONS, other than 2,658
plans pertaining to mobile and temporary food service operations, 2,660
or similar reviews conducted for vending machine locations; 2,661
(2) Any necessary collection and bacteriological 2,663
examination of water samples FROM FOOD SERVICE OPERATIONS, OR 2,664
SIMILAR SERVICES SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY 2,665
THE PUBLIC HEALTH COUNCIL; 2,666
(3) Any necessary collection and bacteriological 2,668
examination of frozen dessert samples taken from a frozen dessert 2,669
dispensing freezer; 2,670
58
(4) Attending ATTENDANCE AT a course of study in food 2,672
protection offered by the licensor IN FOOD PROTECTION AS IT 2,674
PERTAINS TO FOOD SERVICE OPERATIONS, if the course is approved 2,675
under section 3732.14 3717.09 of the Revised Code. 2,677
(D)(C) The public health council may determine by rule an 2,679
amount to be collected from applicants for food service operation 2,680
licenses for use by the director of health in administering and 2,681
enforcing THE PROVISIONS OF this chapter and the rules adopted 2,682
under it APPLICABLE TO FOOD SERVICE OPERATIONS. Licensors shall 2,684
collect the amount prior to issuing an applicant's new or renewed 2,685
license. If a licensing fee is charged under this section, the 2,686
licensor shall collect the amount at the same time the fee is 2,687
collected. Licensors are not required to provide notice or hold 2,688
public hearings regarding amounts collected under this division. 2,689
Not later than sixty days after the last day of the month 2,691
in which a license is issued, the licensor shall certify the 2,692
amount collected under this division and transmit the amount to 2,693
the treasurer of state. All amounts received shall be deposited 2,694
into the general operations fund created in section 3701.82 2,695
3701.83 of the Revised Code and shall be used by the. THE 2,697
director SHALL USE THE AMOUNTS solely for the administration and 2,699
enforcement of THE PROVISIONS OF this chapter and the rules 2,700
adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS. 2,701
The director may submit recommendations to the public 2,703
health council regarding the amounts collected under this 2,704
division. When making recommendations, the director shall submit 2,705
a report stating the current and projected expenses of 2,706
administering and enforcing THE PROVISIONS OF this chapter and 2,707
the rules adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS 2,709
and the total of all amounts that have been deposited in the 2,711
general operations fund pursuant to this division. The director 2,712
may include in the report any recommendations for modifying the 2,713
department's administration and enforcement of THE PROVISIONS OF 2,714
this chapter and the rules adopted under it APPLICABLE TO FOOD 2,715
59
SERVICE OPERATIONS. 2,716
Sec. 3732.05 3717.46. (A) A food service operation 2,725
license may be transferred by the licensor under either of the 2,727
following circumstances: 2,728
(1) The sale or disposition of the food service operation; 2,730
(2) The relocation of the food service operation. 2,732
(B) A person or government entity may request to receive a 2,734
food service operation license by transfer. A licensor may 2,735
transfer a license only on determining that the person or 2,736
government entity requesting the transfer is in compliance with 2,737
THE PROVISIONS OF this chapter and the rules adopted under it 2,739
APPLICABLE TO FOOD SERVICE OPERATIONS. In the case of the sale 2,741
or disposition of a food service operation, the license may not 2,742
be transferred unless the licensee consents to the transfer. A 2,743
license shall not be transferred more than once in a licensing
period. Temporary food service operation licenses are not 2,744
transferable. 2,745
Sec. 3732.08 3717.47. (A) As used in this section: 2,754
(1) "Critical control point inspection" means an 2,756
inspection designed to identify and prevent food handling 2,757
procedures that epidemiological data have shown to lead to 2,758
outbreaks of foodborne disease. 2,759
(2) "Standard inspection" means an inspection designed to 2,761
determine compliance with this chapter and the rules adopted 2,763
under it. 2,764
(B) Licensors shall classify food service operations, 2,766
other than vending machine locations and mobile and temporary 2,767
food service operations, according to the factors contributing to 2,768
foodborne disease identified in rules adopted by the public 2,769
health council under section 3732.02 of the Revised Code. Food 2,771
service operation classifications consist of "class I," "class 2,772
II," and "class III," with class I representing the smallest risk 2,773
of foodborne disease and class III the greatest risk. 2,774
(C)(1) A licensor shall inspect the food service 2,776
60
operations in its district as follows: 2,777
(a) Class I: at least one standard inspection shall be 2,779
conducted each licensing period; 2,780
(b) Class II: Except as provided in division (C)(3) of 2,782
this section, at least two standard inspections shall be 2,783
conducted each licensing period; 2,784
(c) Class III: Except as provided in division (C)(3) of 2,786
this section, at least two standard inspections and one critical 2,787
control point inspection shall be conducted each licensing 2,788
period; 2,789
(d) Vending machine locations: at least one standard 2,791
inspection of at least fifty per cent of the locations operated 2,792
by a licensee shall be conducted each licensing period; 2,793
(e) Mobile food service operations: at least one standard 2,795
inspection shall be conducted each licensing period; 2,796
(f) Temporary food service operations: at least one 2,798
standard inspection shall be conducted during the period the 2,799
operation is being operated; 2,800
(g) New food service operations: one standard inspection 2,802
shall be conducted not later than thirty days after the license 2,803
for the operation is issued. 2,804
(2) The licensor shall schedule the standard inspections 2,806
required for class I and II food service operations, vending 2,807
machine locations, and mobile food service operations so that not 2,808
more than twelve months elapse between the standard inspections 2,809
of a particular operation. The critical control point 2,810
inspections required for class III food service operations shall 2,811
be scheduled so that not more than twelve months elapse between 2,812
the critical control point inspections of each operation. 2,813
(3) One of the standard inspections required for a class 2,815
II or class III food service operation may be eliminated if 2,816
either of the following is the case: 2,817
(a) A manager or other individual responsible on a regular 2,819
basis for that operation is certified in food protection under 2,820
61
section 3732.14 of the Revised Code; 2,821
(b) The operation is a seasonal food service operation. 2,823
(D) Standard and critical control point ALL inspections OF 2,825
FOOD SERVICE OPERATIONS CONDUCTED BY A LICENSOR UNDER THIS 2,826
CHAPTER shall be conducted ACCORDING TO THE PROCEDURES AND 2,827
SCHEDULE OF FREQUENCY SPECIFIED IN RULES ADOPTED UNDER SECTION 2,828
3717.51 OF THE REVISED CODE. AN INSPECTION MAY BE PERFORMED only 2,829
by AN INDIVIDUAL REGISTERED AS a sanitarian or
sanitarian-in-training registered under Chapter 4736. of the 2,831
Revised Code. Inspections EACH INSPECTION shall be recorded on a 2,833
form prescribed and furnished by the director of health or a form 2,834
prescribed by the licensor that has been approved by the director 2,835
THAT HAS BEEN PRESCRIBED BY A BOARD OF HEALTH ACTING AS LICENSOR. 2,836
WITH THE ASSISTANCE OF THE DIRECTOR, A BOARD ACTING AS LICENSOR, 2,838
TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE INSPECTION
PROCESS AND SHALL STANDARDIZE THE MANNER IN WHICH ITS INSPECTIONS 2,840
ARE CONDUCTED.
(E)(B) A licensee PERSON OR GOVERNMENT ENTITY HOLDING A 2,843
FOOD SERVICE OPERATION LICENSE shall permit the licensor to
inspect a THE food service operation for purposes of determining 2,845
compliance with this chapter and the rules adopted under it or 2,846
investigating a complaint regarding foodborne disease. 2,847
Inspections and investigations shall be conducted at times 2,848
determined by the licensor to be reasonable. On request, OF the 2,849
licensor, THE LICENSE HOLDER shall be permitted PERMIT THE 2,852
LICENSOR to examine the records of the food service operation to 2,853
obtain information about the purchase, receipt, or use of food, 2,854
supplies, and equipment. 2,855
A licensor may inspect any mobile food service operation or 2,857
catering food service operation being operated within the 2,858
licensor's district. If an inspection of a mobile or catering 2,859
food service operation is conducted by a licensor other than the 2,860
licensor that issued the license for the operation, a report of 2,861
the inspection shall be sent to the issuing licensor. The 2,862
62
issuing licensor may use the inspection report to suspend or 2,863
revoke the license under section 3732.11 3717.49 of the Revised 2,865
Code.
(C) AN INSPECTION MAY INCLUDE AN INVESTIGATION TO 2,867
DETERMINE THE IDENTITY AND SOURCE OF A PARTICULAR FOOD. 2,868
Sec. 3717.48. TRADE SECRETS AND OTHER FORMS OF INFORMATION 2,869
THAT, UNDER THIS CHAPTER, ARE REQUIRED TO BE FURNISHED TO OR ARE 2,870
PROCURED BY A LICENSOR OF FOOD SERVICE OPERATIONS SHALL BE FOR 2,871
THE EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE 2,872
DISCHARGE OF THE LICENSOR'S OFFICIAL DUTIES. THE INFORMATION 2,873
SHALL NOT BE OPEN TO THE PUBLIC OR USED IN ANY ACTION OR 2,874
PROCEEDING IN ANY COURT. IF THE LICENSOR IS A BOARD OF HEALTH, 2,875
THE BOARD MAY SHARE THE INFORMATION WITH THE DIRECTOR OF HEALTH 2,876
AND DIRECTOR OF AGRICULTURE. IF THE LICENSOR IS THE DIRECTOR OF 2,877
HEALTH, THE DIRECTOR MAY SHARE THE INFORMATION WITH THE DIRECTOR
OF AGRICULTURE. 2,878
THE LICENSOR SHALL MAINTAIN THE CONFIDENTIALITY OF THE 2,880
INFORMATION, EXCEPT THAT THE INFORMATION MAY BE CONSOLIDATED IN 2,881
STATISTICAL TABLES AND PUBLISHED BY THE LICENSOR IN STATISTICAL 2,882
FORM FOR THE USE AND INFORMATION OF STATE AND LOCAL AGENCIES AND 2,883
THE PUBLIC, IF THE STATISTICS DO NOT DISCLOSE DETAILS ABOUT A 2,884
PARTICULAR PERSON OR GOVERNMENT ENTITY THAT PROVIDED INFORMATION 2,885
TO THE LICENSOR. AN INDIVIDUAL EMPLOYED BY THE LICENSOR OR 2,886
ASSISTING THE LICENSOR IN THE ADMINISTRATION OF THE FOOD SERVICE 2,887
OPERATION LICENSING REQUIREMENTS OF THIS CHAPTER SHALL NOT 2,888
WILLFULLY DIVULGE ANY INFORMATION THAT IS CONFIDENTIAL UNDER THIS 2,889
SECTION TO ANY PERSON OR GOVERNMENT ENTITY OTHER THAN THE 2,890
LICENSOR OR THE INDIVIDUAL'S SUPERIOR. 2,891
Sec. 3732.11 3717.49. (A)(1) A licensor may suspend or 2,901
revoke a food service operation license on determining that a 2,903
licensee THE LICENSE HOLDER is in violation of any requirement of 2,905
this chapter or THE rules adopted under it APPLICABLE TO FOOD 2,906
SERVICE OPERATIONS, INCLUDING A VIOLATION EVIDENCED BY THE 2,907
DOCUMENTED FAILURE TO MAINTAIN SANITARY CONDITIONS WITHIN THE
63
OPERATION. Except 2,908
(B)(1) EXCEPT in the case of a violation that presents an 2,911
immediate danger to the public health, prior to initiating action 2,912
to suspend or revoke a FOOD SERVICE OPERATION license, the 2,913
licensor shall give the licensee LICENSE HOLDER written notice 2,915
specifying each violation and a reasonable time within which each 2,917
violation must be corrected to avoid suspension or revocation of 2,918
the licensee's food service operation license. The licensor may 2,919
extend the time specified in the notice for correcting a 2,920
violation if the licensee LICENSE HOLDER is making a good faith 2,922
effort to correct it.
If the licensee LICENSE HOLDER fails to correct the 2,924
violation in the time granted by the licensor, the licensor may 2,926
initiate action to suspend or revoke the licensee's food service 2,927
operation license by giving the licensee LICENSE HOLDER written 2,928
notice of the proposed suspension or revocation. The licensor 2,930
shall include in the notice a description of the procedure for 2,931
appealing the proposed suspension or revocation. The licensee 2,932
LICENSE HOLDER may appeal the proposed suspension or revocation 2,934
by giving written notice to the licensor. The licensee LICENSE 2,935
HOLDER shall specify in the notice whether a hearing is 2,937
requested. The appeal shall be conducted in accordance with 2,938
division (A)(B)(3) of this section.
Any action that may be taken by a licensor under division 2,940
(A)(B)(1) of this section may be taken by a health commissioner 2,942
or other person employed by the licensor if the person or health 2,943
commissioner is authorized by the licensor to take the action. 2,944
(2)(a) If actions are initiated to revoke or, except in 2,946
the case of a violation that presents an immediate danger to the 2,947
public health, to suspend a food service operation license, the 2,948
licensor shall determine whether to revoke or suspend the license 2,949
as follows: 2,950
(i) If the licensor is a board of health of a city or 2,952
general health district or the authority having the duties of a 2,953
64
board of health under section 3709.05 of the Revised Code, by a 2,954
majority vote of the members of the board or authority present at 2,955
a meeting at which there is a quorum; 2,956
(ii) If the director of health is acting as the licensor 2,958
pursuant to section 3732.09 of the Revised Code, by decision of 2,960
the director. 2,961
(b) If the licensor determines to revoke or suspend the 2,963
license, the licensor shall issue an order revoking or suspending 2,964
the license. 2,965
(3) An appeal made under division (A)(B)(1) of this 2,967
section shall be conducted in accordance with procedures 2,968
established in rules adopted by the director of health under 2,969
section 3732.13 3717.52 of the Revised Code. If a hearing is 2,971
requested, it shall be held prior to the issuance of an order 2,972
under division (A)(B)(2) of this section, but may be conducted at 2,974
the meeting at which issuance of the order is considered. 2,975
(B)(C)(1) On determining that a licensee LICENSE HOLDER is 2,978
in violation of any requirement of this chapter or THE rules 2,979
adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS and that 2,981
the violation presents an immediate danger to the public health, 2,982
the licensor may suspend the licensee's food service operation 2,983
license without giving written notice or affording the licensee 2,984
LICENSE HOLDER the opportunity to correct the violation. If the 2,985
licensee LICENSE HOLDER is operating a mobile or catering food 2,986
service operation, either the licensor that issued the license or 2,988
the licensor for the health district in which the operation is 2,989
being operated may suspend the license. 2,990
A suspension under division (B)(C)(1) of this section takes 2,992
effect immediately and remains in effect until the licensor lifts 2,993
the suspension. When a mobile food service operation license is 2,994
suspended under this division, the licensor that suspended the 2,995
license shall hold the license until the suspension is lifted and 2,996
the licensor receives from the licensee LICENSE HOLDER written 2,997
notice of the next location at which the licensee LICENSE HOLDER 2,999
65
proposes to operate the food service operation. 3,001
After suspending a license under division (B)(C)(1) of this 3,003
section, the licensor shall give the licensee LICENSE HOLDER 3,004
written notice of the procedure for appealing the suspension. 3,006
The licensee LICENSE HOLDER may appeal the suspension by giving 3,008
written notice to the licensor and specifying in the notice 3,009
whether a hearing is requested. The appeal shall be conducted in 3,010
accordance with division (B)(C)(2) of this section. 3,012
Any action that may be taken by a licensor under division 3,014
(B)(C)(1) of this section may be taken by a health commissioner 3,016
or person employed by a city in a position comparable to that of 3,017
health commissioner if the person or health commissioner is 3,018
authorized by the licensor to take the action. A person or 3,019
health commissioner that WHO suspends a license under this 3,020
authority may, on determining that there is no longer an 3,022
immediate danger to the public health, lift the suspension 3,023
without consulting the licensor. 3,024
(2)(a) If the licensee LICENSE HOLDER appeals a suspension 3,026
under division (B)(C)(1) of this section, the licensor shall 3,028
determine whether the immediate danger to the public health 3,030
continues to exist as follows: 3,031
(i) If the licensor is a board of health of a city or 3,033
general health district or the authority having the duties of a 3,034
board of health under section 3709.05 of the Revised Code, by 3,035
majority vote of the members of the board or authority present at 3,036
a meeting at which there is a quorum; 3,037
(ii) If the director of health is acting as the licensor 3,039
pursuant to section 3732.09 of the Revised Code, by decision of 3,041
the director. 3,042
(b) If the licensor determines that there is no longer an 3,044
immediate danger to the public health, the licensor shall lift 3,045
the suspension. If the licensor determines that the immediate 3,046
danger continues to exist, the licensor shall issue an order 3,047
continuing the suspension. 3,048
66
(3) An appeal requested under division (B)(C)(1) of this 3,050
section shall be conducted in accordance with procedures 3,051
established in rules adopted by the director of health under 3,052
section 3732.13 3717.52 of the Revised Code. If a hearing is 3,053
requested, it shall be held not later than two business days 3,055
after the request is received by the licensor. The hearing shall 3,056
be held prior to the issuance of an order under division 3,057
(B)(C)(2) of this section, but may be conducted at the meeting at 3,059
which issuance of the order is considered. In the case of a 3,060
suspension of a mobile or catering food service operation 3,061
license, the appeal shall be made to the licensor that suspended 3,062
the license.
(C)(D) A licensee LICENSE HOLDER may appeal an order 3,065
issued under division (A)(B) or (B)(C) of this section as 3,066
follows:
(1) If the order was issued by a board of health of a city 3,068
or general health district or the authority having the duties of 3,069
a board of health under section 3709.05 of the Revised Code, to 3,070
the common pleas court of the county in which the licensor is 3,071
located; 3,072
(2) If the order was issued by the director of health, to 3,074
the Franklin county court of common pleas. 3,075
Sec. 3732.12 3717.50. (A) As used in this section, 3,084
"prosecutor" has the same meaning as in section 2935.01 of the 3,086
Revised Code.
(B) No person shall fail to comply with any requirement of 3,088
this chapter. 3,089
(C) At the request of the licensor, the attorney general 3,091
or the prosecutor with jurisdiction in the area where WHEN a 3,092
person allegedly has violated division (B) of this section shall 3,093
commence 3717.41 OF THE REVISED CODE, a criminal prosecution 3,094
SHALL BE COMMENCED against the person. IF THE LICENSOR IS THE 3,096
DIRECTOR OF HEALTH, THE PROSECUTION SHALL BE COMMENCED BY THE 3,097
ATTORNEY GENERAL. IF THE LICENSOR IS A BOARD OF HEALTH, THE 3,098
67
PROSECUTION SHALL BE COMMENCED BY THE PROSECUTOR WITH 3,099
JURISDICTION IN THE AREA WHERE THE ALLEGED VIOLATION OCCURRED. 3,100
AT THE REQUEST OF A BOARD OF HEALTH ACTING AS LICENSOR, THE 3,101
DIRECTOR OF HEALTH SHALL PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN 3,103
THE PROSECUTION OF A PERSON WHO IS NOT IN COMPLIANCE WITH THE 3,104
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 3,105
APPLICABLE TO FOOD SERVICE OPERATIONS. REQUESTS SHALL BE MADE 3,106
AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH RULES ADOPTED 3,107
BY THE DIRECTOR OF HEALTH UNDER SECTION 3717.52 OF THE REVISED
CODE.
(D)(C) At the request of the licensor, the attorney 3,109
general or the prosecutor with jurisdiction in the area where a 3,110
person or government entity allegedly has failed to comply with a 3,111
requirement of this chapter or the rules adopted under it 3,112
APPLICABLE TO FOOD SERVICE OPERATIONS shall commence in common 3,114
pleas court an action requesting the issuance of a temporary 3,115
restraining order or a preliminary or permanent injunction or a 3,116
mandamus action regarding the act of noncompliance. The court 3,117
may grant the appropriate relief on a showing IF IT IS SHOWN that 3,118
the respondent failed to comply with the requirement. 3,120
Notwithstanding the penalties established in section 3,122
2705.05 of the Revised Code, a person or government entity found 3,123
to be in contempt of court for failing to comply with a 3,124
restraining order, injunction, or writ of mandamus issued 3,125
pursuant to this division shall be fined not more than one 3,126
thousand dollars for each offense. Each day the noncompliance 3,127
continues is a separate offense. 3,128
(D) OF THE FINES COLLECTED UNDER THIS SECTION, IF THE 3,129
LICENSOR IS A BOARD OF HEALTH, FIFTY PER CENT SHALL BE DEPOSITED 3,131
IN AN APPROPRIATE FUND CREATED FOR THE BOARD'S USE IN 3,133
ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND THE RULES 3,134
ADOPTED UNDER IT APPLICABLE TO FOOD SERVICE OPERATIONS; IF THE 3,135
LICENSOR IS THE DIRECTOR OF HEALTH, FIFTY PER CENT SHALL BE
DEPOSITED IN THE GENERAL OPERATIONS FUND CREATED UNDER SECTION 3,136
68
3701.83 OF THE REVISED CODE. THE REMAINING FIFTY PER CENT SHALL 3,138
BE CREDITED TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN 3,139
WHICH THE CASE IS PROSECUTED. 3,140
(E) The remedies available under this section are in 3,142
addition to any other remedies available under the law. 3,143
Sec. 3732.02 3717.51. (A) The PURSUANT TO SECTION 3717.04 3,153
OF THE REVISED CODE, THE public health council shall adopt, and 3,155
has the exclusive power to adopt, rules of uniform application 3,156
throughout this state regarding the following FOOD SERVICE 3,157
OPERATIONS, AS FOLLOWS:
(1)(A) Licensing categories for food service operations 3,159
and licensing requirements for each category; 3,160
(2) Identification of factors contributing to foodborne 3,162
disease for use in classifying food service operations under 3,163
section 3732.08 of the Revised Code; 3,164
(3) Criteria for food service operation equipment, 3,166
including refrigerated bulk milk dispensers; 3,167
(4) Standards for sanitation; 3,169
(5) Criteria for approving plans for food service 3,171
operations; 3,172
(6) A definition of "potentially hazardous" as it applies 3,174
to food; 3,175
(7) Procedures and criteria to be used by the director of 3,177
health in approving courses of study for certification in food 3,178
protection under section 3732.14 of the Revised Code; 3,179
(8) Requirements an individual must meet to become 3,181
certified in food protection; 3,182
(9)(B) STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF 3,185
FREQUENCY, FOR CONDUCTING INSPECTIONS OF FOOD SERVICE OPERATIONS; 3,186
(C) STANDARDS AND PROCEDURES FOR CONDUCTING INVESTIGATION 3,188
OF COMPLAINTS PERTAINING TO FOOD SERVICE OPERATIONS; 3,189
(D) STANDARDS AND PROCEDURES TO BE USED BY THE DIRECTOR OF 3,191
HEALTH IN APPROVING COURSES OF STUDY FOR PERSONS SEEKING 3,192
CERTIFICATION IN FOOD PROTECTION, STANDARDS THAT A COURSE MUST 3,193
69
MEET TO MAINTAIN ITS APPROVAL, AND PROCEDURES FOR WITHDRAWING 3,194
APPROVAL IF A COURSE NO LONGER MEETS THE STANDARDS FOR APPROVAL; 3,195
(E) Standards for the provision of assistance to choking 3,198
victims; 3,199
(10)(F) Any other matter the council considers relevant to 3,201
the administration and enforcement of THE PROVISIONS OF this 3,202
chapter APPLICABLE TO FOOD SERVICE OPERATIONS. 3,203
(B) The public health council may adopt rules establishing 3,205
the number, composition, terms of office, and functions of any 3,206
food service advisory board the director establishes pursuant to 3,207
section 121.13 of the Revised Code. 3,208
(C) All rules adopted under this section shall be adopted 3,210
in accordance with Chapter 119. of the Revised Code. 3,211
Sec. 3732.13 3717.52. (A) The PURSUANT TO SECTION 3717.04 3,221
OF THE REVISED CODE, THE director of health shall adopt rules 3,223
establishing procedures for the following:
(1)(A) Appeals of proposed suspension or revocation of 3,225
food service operation licenses and appeals of suspension of 3,226
licenses issued for violations presenting immediate danger to the 3,227
public health; 3,228
(2)(B) Surveys conducted by the director to determine 3,231
whether boards of health of city or general health districts or 3,232
authorities having the duties of a board of health under section 3,233
3709.05 of the Revised Code are qualified AND HAVE THE CAPACITY 3,234
to administer and enforce THE PROVISIONS OF this chapter and the 3,236
rules adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS AND 3,237
TO ABIDE BY THE OHIO UNIFORM FOOD SAFETY CODE; 3,238
(3)(C) Reinstatement of a board or authority OF HEALTH as 3,241
a licensor after the director has revoked the approval of the 3,242
board or authority; 3,243
(D) PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A 3,245
BOARD OF HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A 3,246
PERSON FOR A VIOLATION OF THE PROVISIONS OF THIS CHAPTER 3,247
APPLICABLE TO FOOD SERVICE OPERATIONS;
70
(E) PROCEDURES FOR RESOLVING DISPUTES BETWEEN LICENSORS 3,250
AND THE HOLDERS OF LICENSES FOR FOOD SERVICE OPERATIONS.
(B) All rules adopted under this section shall be adopted 3,252
in accordance with Chapter 119. of the Revised Code. 3,253
Sec. 3732.99 3717.99. Whoever violates division (B) of 3,262
section 3732.12 3717.21 OR 3717.41 of the Revised Code is guilty 3,265
of a misdemeanor of the third degree on a first offense; for a 3,266
second offense or subsequent offense, such person is guilty of a 3,267
misdemeanor of the second degree. Each day the violation 3,268
continues is a separate offense. 3,269
Sec. 3724.03. (A) Application for a license to operate a 3,278
community alternative home shall be made by the operator to the 3,279
director of health on forms provided by the director. After 3,280
investigating the application and inspecting the home, the 3,281
director shall issue a license if he THE DIRECTOR determines that 3,283
the following requirements have been met: 3,284
(1) The home is in compliance with this chapter and rules 3,286
adopted by the public health council under section 3724.05 of the 3,287
Revised Code. 3,288
(2) The home meets the fire safety standards established 3,290
by rules adopted under section 3724.05 of the Revised Code and 3,291
has been inspected and approved by a certified electrical safety 3,292
inspector. 3,293
(3) The home complies with local zoning regulations. 3,295
(4) If applicable, the home has a valid food service 3,297
license issued under Chapter 3732 3717. of the Revised Code. 3,298
(5) The operator has not been convicted of a felony or a 3,300
crime involving moral turpitude. 3,301
(6) The operator has provided all documentation requested 3,303
by the director. 3,304
(7) The operator has developed policies for infection 3,306
control and for educating caregivers about acquired 3,307
immunodeficiency syndrome. 3,308
(8) The operator has paid the license fee established by 3,310
71
rule of the public health council under section 3724.05 of the 3,311
Revised Code. 3,312
At the request of the operator on a form furnished by the 3,314
director, the director, in accordance with rules adopted by the 3,315
public health council, may waive any licensing requirement 3,316
established by rule of the council if he THE DIRECTOR determines 3,317
that strict application of the requirement would cause undue 3,319
hardship to the home and that the grant of a waiver would not 3,320
jeopardize the health and safety of any resident of the home. 3,321
The waiver may be granted at the time of initial licensing or 3,322
renewal or during a licensing period and may be temporary or 3,323
permanent.
The license shall contain the name and address of the home 3,325
for which it is issued, the date of expiration of the license, 3,326
and the maximum number of residents that may be accommodated by 3,327
the home. A license is valid for two years from the date of 3,328
issuance. 3,329
Sections 3781.06 to 3781.18 and 3791.04 of the Revised Code 3,331
and building standards adopted pursuant to those sections do not 3,332
apply to any structure for which application is made for 3,333
licensure as a community alternative home unless the license is 3,334
denied. 3,335
(B) The director may issue a temporary license pending 3,337
completion of the licensing inspection if the application and 3,338
documentation meet the requirements of this chapter and the rules 3,339
adopted by the public health council. A temporary license is 3,340
valid for ninety days and may be renewed for an additional ninety 3,341
days. The director also may renew a temporary license for the 3,342
duration of proceedings under Chapter 119. of the Revised Code 3,343
regarding the denial of a license if he THE DIRECTOR determines 3,344
that the continued operation of the home will not jeopardize the 3,346
health or safety of the residents. 3,347
(C) Application for renewal of a license to operate a 3,349
community alternative home shall be made by the operator to the 3,350
72
director of health on forms provided by the director. In 3,351
addition to submitting the application and a fee in the amount 3,352
established by rules of the public health council, the operator 3,353
shall inform the director of any changes in the ownership or 3,354
structure of the buildings housing the home. If the electrical 3,355
wiring has been altered, the operator shall submit proof that the 3,356
alteration has been inspected and approved by a certified 3,357
electrical safety inspector. The director shall inspect the 3,358
facility and shall renew the license if he THE DIRECTOR 3,359
determines that the home complies with the requirements of this 3,360
chapter and the rules adopted by the public health council. 3,362
(D) In accordance with Chapter 119. of the Revised Code, 3,364
the director may deny, revoke, or refuse to issue or renew a 3,365
license or a temporary license for any community alternative home 3,366
that fails to comply with any requirement of this chapter or with 3,367
any rules adopted by the public health council. 3,368
Sec. 4303.021. Permit A-1-A may be issued to the holder of 3,377
an A-1 or A-2 permit to sell beer and any intoxicating liquor at 3,378
retail, only by the individual drink in glass or from a 3,379
container, provided such A-1-A permit premises are situated on 3,380
the same parcel or tract of land as the related A-1 or A-2 3,381
manufacturing permit premises or are separated therefrom only by 3,382
public streets or highways or by other lands owned by the holder 3,383
of the A-1 or A-2 permit and used by the holder in connection 3,385
with or in promotion of the holder's A-1 or A-2 permit business. 3,386
The fee for this permit is three thousand one hundred twenty-five 3,388
dollars. The holder of an A-1-A permit may sell beer and any 3,389
intoxicating liquor during the same hours as the holders of D-5 3,390
permits under this chapter or Chapter 4301. of the Revised Code 3,391
or the rules of the liquor control commission and shall obtain a 3,392
restaurant license pursuant to section 3732.03 3717.43 of the 3,393
Revised Code. 3,394
Except as otherwise provided in this section, no new A-1-A 3,396
permit shall be issued to the holder of an A-1 or A-2 permit 3,397
73
unless the sale of beer and intoxicating liquor under class D 3,398
permits is permitted in the precinct in which the A-1 or A-2 3,401
permit is located and, in the case of an A-2 permit, unless the 3,402
holder of the A-2 permit manufactures or has a storage capacity 3,403
of at least twenty-five thousand gallons of wine per year. The 3,404
immediately preceding sentence does not prohibit the issuance of 3,405
an A-1-A permit to an applicant for such a permit who is the 3,406
holder of an A-1 permit and whose application was filed with the 3,407
division of liquor control before June 1, 1994. The liquor 3,409
control commission shall not restrict the number of A-1-A permits 3,410
which may be located within a precinct.
Sec. 4303.13. Permit D-1 may be issued to the owner or 3,420
operator of a hotel or restaurant licensed pursuant to section 3,421
3732.03 3717.43 of the Revised Code, or of a club, amusement 3,423
park, drugstore, lunch stand, boat, or vessel, and shall be 3,424
issued to a person described in division (B) of this section, to 3,425
sell beer at retail either in glass or container, for consumption 3,426
on the premises where sold; and, except as otherwise provided in 3,427
division (B) of this section, to sell beer at retail in other 3,428
receptacles or in original containers having a capacity of not 3,429
more than five and one-sixth gallons not for consumption on the 3,430
premises where sold. The fee for this permit is one hundred 3,431
eighty-eight dollars for each location, boat, or vessel.
Sec. 4303.14. Permit D-2 may be issued to the owner or 3,440
operator of a hotel or restaurant licensed pursuant to section 3,441
3732.03 3717.43 of the Revised Code, or of a club, boat, or 3,443
vessel, to sell wine and prepared and bottled cocktails,
cordials, and other mixed beverages manufactured and distributed 3,444
by holders of A-4 and B-4 permits at retail, either in glass or 3,445
container, for consumption on the premises where sold. The 3,446
holder of such permit may also sell wine and prepared and bottled 3,447
cocktails, cordials, and other mixed beverages in original 3,448
packages and not for consumption on the premises where sold or
for resale. The fee for this permit is two hundred eighty-two 3,449
74
dollars for each location, boat, or vessel. 3,450
Sec. 4303.15. Permit D-3 may be issued to the owner or 3,459
operator of a hotel or restaurant licensed pursuant to section 3,460
3732.03 3717.43 of the Revised Code, or a club, boat, or vessel, 3,462
to sell spirituous liquor at retail, only by the individual drink 3,463
in glass or from the container, for consumption on the premises 3,464
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 3,465
six hundred dollars for each location, boat, or vessel. 3,466
Sec. 4303.181. (A) Permit D-5a may be issued either to 3,476
the owner or operator of a hotel or motel required to be licensed 3,477
under section 3731.03 of the Revised Code containing at least 3,478
fifty rooms for registered transient guests, and which qualifies 3,479
under the other requirements of this section, or to the owner or 3,480
operator of a restaurant specified under this section to sell 3,481
beer and any intoxicating liquor at retail, only by the 3,482
individual drink in glass and from the container, for consumption 3,483
on the premises where sold, and to registered guests in their 3,484
rooms, which may be sold by means of a controlled access alcohol 3,485
and beverage cabinet in accordance with division (B) of section 3,486
4301.21 of the Revised Code; and to sell the same products in the 3,487
same manner and amounts not for consumption on the premises as 3,488
may be sold by holders of D-1 and D-2 permits. The premises of 3,489
the hotel or motel shall include a restaurant licensed pursuant 3,490
to section 3732.03 3717.43 of the Revised Code affiliated with 3,492
the hotel or motel and within or contiguous to the hotel or 3,493
motel, serving food within the hotel or motel, but the principal 3,494
business of the owner or operator of the hotel or motel shall be 3,495
the accommodation of transient guests. In addition to the 3,496
privileges authorized herein, the holder of a D-5a permit may 3,497
exercise the same privileges as the holder of a D-5 permit. 3,498
The owner or operator of a hotel, motel, or restaurant who 3,500
qualified for and held a D-5a permit on August 4, 1976, may, if 3,502
the owner or operator held another permit before holding a D-5a 3,503
75
permit, either retain a D-5a permit or apply for the permit 3,504
formerly held, and the division of liquor control shall issue the 3,505
permit for which the owner or operator applies and formerly held, 3,506
notwithstanding any quota.
A D-5a permit shall not be transferred to another location. 3,509
No quota restriction shall be placed on the number of such 3,510
permits which may be issued.
The fee for this permit is one thousand eight hundred 3,513
seventy-five dollars.
(B) Permit D-5b may be issued to the owner, operator, 3,516
tenant, lessee, or occupant of an enclosed shopping center to 3,517
sell beer and intoxicating liquor at retail, only by the 3,518
individual drink in glass and from the container, for consumption 3,519
on the premises where sold; and to sell the same products in the 3,520
same manner and amount not for consumption on the premises as may 3,521
be sold by holders of D-1 and D-2 permits. In addition to the 3,522
privileges authorized in this section, the holder of a D-5b 3,523
permit may exercise the same privileges as a holder of a D-5 3,524
permit.
A D-5b permit shall not be transferred to another location. 3,527
One D-5b permit may be issued at an enclosed shopping 3,530
center containing at least two hundred twenty-five thousand, but 3,531
less than four hundred thousand, square feet of floor area. 3,532
Two D-5b permits may be issued at an enclosed shopping 3,535
center containing at least four hundred thousand square feet of 3,536
floor area. No more than one D-5b permit may be issued at an 3,537
enclosed shopping center for each additional two hundred thousand 3,538
square feet of floor area or fraction thereof, up to a maximum of 3,539
five D-5b permits for each enclosed shopping center. The number 3,540
of D-5b permits that may be issued at an enclosed shopping center 3,541
shall be determined by subtracting the number of D-3 and D-5 3,542
permits issued in the enclosed shopping center from the number of 3,543
D-5b permits that otherwise may be issued at the enclosed 3,544
shopping center under the formulas provided in this division. 3,545
76
Except as provided in this section, no quota shall be placed on 3,546
the number of D-5b permits that may be issued. Notwithstanding 3,547
any quota provided in this section, the holder of any D-5b permit 3,548
first issued in accordance with this section is entitled to its 3,549
renewal in accordance with section 4303.271 of the Revised Code. 3,550
The holder of a D-5b permit issued before April 4, 1984, 3,553
whose tenancy is terminated for a cause other than nonpayment of 3,554
rent, may return the D-5b permit to the division of liquor 3,556
control and the division shall cancel that permit. Upon 3,558
cancellation of that permit and upon the permit holder's payment 3,559
of taxes, contributions, premiums, assessments, and other debts 3,560
owing or accrued upon the date of cancellation to this state and 3,561
its political subdivisions and a filing with the division of a 3,562
certification thereof, the division shall issue to that person 3,564
either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that 3,566
person requests. The division shall issue the D-5 permit, or the 3,568
D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3, 3,569
or D-5 permits currently issued in the municipal corporation or 3,570
in the unincorporated area of the township where that person's 3,571
proposed premises is located equals or exceeds the maximum number 3,572
of such permits that can be issued in that municipal corporation 3,573
or in the unincorporated area of that township under the 3,574
population quota restrictions contained in section 4303.29 of the 3,575
Revised Code. Any such D-1, D-2, D-3, or D-5 permit so issued 3,576
shall not be transferred to another location. If a D-5b permit 3,577
is canceled under the provisions of this paragraph, the number of 3,578
D-5b permits that may be issued at the enclosed shopping center 3,579
for which the D-5b permit was issued, under the formula provided 3,580
in this division, shall be reduced by one if the enclosed 3,581
shopping center was entitled to more than one D-5b permit under 3,582
the formula. 3,583
The fee for this permit is one thousand eight hundred 3,586
seventy-five dollars.
(C) Permit D-5c may be issued either to the owner or 3,589
77
operator of a restaurant licensed pursuant to section 3732.03 3,590
3717.43 of the Revised Code, and which qualifies under the other 3,592
requirements of this section to sell beer and any intoxicating 3,593
liquor at retail, only by the individual drink in glass and from 3,594
the container, for consumption on the premises where sold, and to 3,595
sell the same products in the same manner and amounts not for 3,596
consumption on the premises as may be sold by holders of D-1 and 3,597
D-2 permits. In addition to the privileges authorized herein, 3,598
the holder of a D-5c permit may exercise the same privileges as 3,599
the holder of a D-5 permit.
To qualify for a D-5c permit, the owner or operator of a 3,602
restaurant licensed pursuant to section 3732.03 3717.43 of the 3,603
Revised Code shall have operated the restaurant at the proposed 3,605
premises for not less than twenty-four consecutive months 3,606
immediately preceding the filing of an application therefor, have 3,607
applied for a D-5 permit no later than December 31, 1988, and 3,608
appear on the division's quota waiting list for not less than six 3,609
months immediately preceding the filing of an application 3,610
therefor. In addition to these requirements, the proposed D-5c 3,611
permit premises shall be located within a municipal corporation 3,612
and further within an election precinct which, at the time of the 3,614
applications, has no more than twenty-five per cent of its total 3,615
land area zoned for residential use. 3,616
A D-5c permit shall not be transferred to another location. 3,619
No quota restriction shall be placed on the number of such 3,620
permits which may be issued.
Any person who has held a D-5c permit for at least two 3,623
years may apply for a D-5 permit, and the division of liquor 3,624
control shall issue the D-5 permit notwithstanding the quota 3,625
restrictions contained in section 4303.29 of the Revised Code or 3,626
in any rule of the liquor control commission. 3,627
The fee for this permit is one thousand two hundred fifty 3,630
dollars.
(D) Permit D-5d may be issued to either the owner or 3,633
78
operator of a restaurant that is licensed pursuant to section 3,634
3732.03 3717.43 of the Revised Code and located at an airport 3,636
operated by a board of county commissioners pursuant to section 3,637
307.20 of the Revised Code or at an airport operated by a
regional airport authority pursuant to Chapter 308. of the 3,638
Revised Code. Not more than one D-5d permit shall be issued in 3,639
each county. The holder of a D-5d permit may sell beer and any 3,640
intoxicating liquor at retail, only by the individual drink in 3,641
glass and from the container, for consumption on the premises 3,642
where sold, and may sell the same products in the same manner and 3,643
amounts not for consumption on the premises where sold as may be 3,644
sold by the holders of D-1 and D-2 permits. In addition to the 3,645
privileges authorized in this division, the holder of a D-5d 3,646
permit may exercise the same privileges as the holder of a D-5 3,647
permit. 3,648
A D-5d permit shall not be transferred to another location. 3,651
Except as otherwise provided in this division, no quota 3,652
restrictions shall be placed on the number of such permits which 3,653
may be issued.
The fee for this permit is one thousand eight hundred 3,656
seventy-five dollars.
(E) Permit D-5e may be issued to any nonprofit 3,659
organization that is exempt from federal income taxation under 3,660
"The Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 3,661
501(c)(3), as amended, or that is a charitable organization under 3,662
any chapter of the Revised Code, and that owns or operates a 3,663
riverboat which meets all of the following:
(1) Is permanently docked at one location; 3,666
(2) Is designated as an historical riverboat by the Ohio 3,669
historical society;
(3) Contains not less than fifteen hundred square feet of 3,672
floor area;
(4) Has a seating capacity of fifty or more persons. 3,675
The holder of a D-5e permit may sell beer and intoxicating 3,678
79
liquor at retail, only by the individual drink in glass and from 3,679
the container, for consumption on the premises where sold. 3,680
A D-5e permit shall not be transferred to another location. 3,683
No quota restriction shall be placed on the number of such 3,684
permits which may be issued. The population quota restrictions 3,685
contained in section 4303.29 of the Revised Code or in any rule 3,686
of the liquor control commission shall not apply to this division 3,687
and the division shall issue a D-5e permit to any applicant who 3,689
meets the requirements of this division. However, the division 3,690
shall not issue a D-5e permit if the permit premises or proposed 3,692
permit premises are located within an area in which the sale of 3,693
spirituous liquor by the glass is prohibited. 3,694
The fee for this permit is nine hundred seventy-five 3,697
dollars.
(F) Permit D-5f may be issued to either the owner or the 3,700
operator of a food service operation licensed under section 3,701
3732.03 3717.43 of the Revised Code that meets all of the 3,703
following:
(1) Contains not less than twenty-five hundred square feet 3,706
of floor area;
(2) Is located on or in, or immediately adjacent to, the 3,709
shoreline of, a navigable river;
(3) Provides docking space for twenty-five boats; 3,712
(4) Provides entertainment and recreation, provided that 3,715
not less than fifty per cent of the business on the permit 3,716
premises shall be preparing and serving meals for a 3,717
consideration.
In addition, each application for a D-5f permit shall be 3,720
accompanied by a certification from the local legislative 3,721
authority that the issuance of the D-5f permit is not 3,722
inconsistent with that political subdivision's comprehensive 3,723
development plan or other economic development goal as officially 3,724
established by the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating 3,727
80
liquor at retail, only by the individual drink in glass and from 3,728
the container, for consumption on the premises where sold. 3,729
A D-5f permit shall not be transferred to another location. 3,732
No more than fifteen D-5f permits shall be issued by the division 3,733
of liquor control, and no more than two such permits shall be 3,735
issued in any county. However, the division shall not issue a 3,736
D-5f permit if the permit premises or proposed permit premises 3,738
are located within an area in which the sale of spirituous liquor 3,739
by the glass is prohibited. 3,740
A fee for this permit is one thousand eight hundred 3,743
seventy-five dollars.
As used in this division, "navigable river" means a river 3,746
which is also a "navigable water" as that term is defined in the 3,747
"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 3,748
(G) Permit D-5g may be issued to a nonprofit corporation 3,751
that is either the owner or the operator of a national 3,752
professional sports museum. The holder of a D-5g permit may sell 3,753
beer and any intoxicating liquor at retail, only by the 3,754
individual drink in glass and from the container, for consumption 3,755
on the premises where sold. The holder of a D-5g permit shall 3,756
sell no beer or intoxicating liquor for consumption on the 3,757
premises where sold after one a.m. A D-5g permit shall not be 3,758
transferred to another location. No quota restrictions shall be 3,759
placed on the number of D-5g permits that may be issued. The fee
for this permit is one thousand five hundred dollars. 3,760
(H) Permit D-5h may be issued to any nonprofit 3,762
organization that is exempt from federal income taxation under 3,763
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 3,764
501(c)(3), as amended, that owns or operates a fine arts museum 3,765
and has no less than five thousand bona fide members possessing 3,766
full membership privileges. The holder of a D-5h permit may sell 3,767
beer and any intoxicating liquor at retail, only by the 3,768
individual drink in glass and from the container, for consumption 3,769
on the premises where sold. The holder of a D-5h permit shall 3,770
81
sell no beer or intoxicating liquor for consumption on the 3,771
premises where sold after one a.m. A D-5h permit shall not be 3,772
transferred to another location. No quota restrictions shall be 3,773
placed on the number of D-5h permits that may be issued. The fee 3,774
for this permit is one thousand five hundred dollars. 3,775
(I) Permit D-5i may be issued to either the owner or the 3,777
operator of a food service operation licensed under section 3,778
3732.03 3717.43 of the Revised Code that meets all of the 3,779
following requirements: 3,781
(1) It is located in a municipal corporation or a township 3,783
with a population of fifty thousand or less; 3,784
(2) It has inside seating capacity for at least one 3,786
hundred forty persons; 3,787
(3) It has at least five thousand square feet of floor 3,789
area; 3,790
(4) It offers full-course meals, appetizers, and 3,792
sandwiches; 3,793
(5) Its receipts from beer and liquor sales do not exceed 3,795
twenty-five per cent of its total gross receipts; 3,796
(6) The value of its real and personal property exceeds 3,798
nine hundred twenty-five thousand dollars. 3,800
The holder of a D-5i permit shall cause an independent 3,802
audit to be performed at the end of one full year of operation 3,803
following issuance of the permit, in order to verify the 3,804
requirements of division (I)(5) of this section. The results of 3,805
the independent audit shall be transmitted to the division. Upon 3,807
determining that the receipts of the holder from beer and liquor 3,808
sales exceeded twenty-five per cent of its total gross receipts, 3,809
the division shall suspend the permit of the permit holder under 3,811
section 4301.25 of the Revised Code and may allow the permit 3,812
holder to elect a forfeiture under section 4301.252 of the 3,813
Revised Code.
The holder of a D-5i permit may sell beer and any 3,815
intoxicating liquor at retail, only by the individual drink in 3,816
82
glass and from the container, for consumption on the premises 3,817
where sold, and may sell the same products in the same manner and 3,818
amounts not for consumption on the premises where sold as may be 3,819
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 3,820
permit shall sell no beer or intoxicating liquor for consumption 3,821
on the premises where sold after two-thirty a.m. In addition to 3,822
the privileges authorized in division (I) of this section, the 3,823
holder of a D-5i permit may exercise the same privileges as the 3,824
holder of a D-5 permit. 3,825
A D-5i permit shall not be transferred to another location. 3,827
The division of liquor control shall not renew a D-5i permit 3,829
unless the food service operation for which it is issued 3,830
continues to meet the requirements described in divisions (I)(1) 3,831
to (6) of this section. No quota restrictions shall be placed on 3,832
the number of D-5i permits that may be issued. The fee for this 3,833
permit is one thousand eight hundred seventy-five dollars. 3,834
Sec. 4303.182. Except as otherwise provided in this 3,844
section, permit D-6 shall be issued to the holder of an A-1-A, 3,845
A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, 3,846
D-5f, D-5g, D-5h, D-5i, or D-7 permit to allow sale under such 3,847
permit between the hours of one p.m. and midnight on Sunday, if 3,848
such sale has been authorized under section 4301.361 of the 3,849
Revised Code and under the restrictions of such authorization. 3,850
Permit D-6 shall be issued to the holder of any permit, including 3,851
a D-4a and D-5d permit, authorizing the sale of intoxicating 3,852
liquor issued for a premises located at any publicly owned 3,853
airport, as defined in section 4563.01 of the Revised Code, at 3,854
which commercial airline companies operate regularly scheduled 3,855
flights on which space is available to the public, to allow sale 3,856
under such permit between the hours of one p.m. and midnight on 3,857
Sunday, whether or not such sale has been authorized under 3,858
section 4301.361 of the Revised Code. Permit D-6 shall be issued 3,859
to the holder of a D-5a permit, and to the holder of a D-3 or 3,860
D-3a permit who is the owner or operator of a hotel or motel 3,861
83
required to be licensed under section 3731.03 of the Revised Code 3,862
containing at least fifty rooms for registered transient guests 3,863
and which has on its premises a restaurant licensed pursuant to 3,864
section 3732.03 3717.43 of the Revised Code affiliated with the 3,866
hotel or motel and within or contiguous to the hotel or motel and 3,867
serving food within the hotel or motel, to allow sale under such 3,868
permit between the hours of one p.m. and midnight on Sunday, 3,869
whether or not such sale has been authorized under section 3,870
4301.361 of the Revised Code.
If the restriction to licensed premises where the sale of 3,873
food and other goods and services exceeds fifty per cent of the 3,874
total gross receipts of the permit holder at the premises is 3,875
applicable, the division of liquor control may accept an 3,876
affidavit from the permit holder to show the proportion of the 3,877
permit holder's gross receipts derived from the sale of food and 3,878
other goods and services. If the liquor control commission 3,879
determines such affidavit to have been false, it shall revoke the 3,880
permits of the permit holder at the premises concerned. 3,881
The fee for the D-6 permit is two hundred fifty dollars 3,884
when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, 3,885
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, 3,886
D-5i, or D-7 permit. The fee for the D-6 permit is two hundred 3,887
dollars when it is issued to the holder of a C-2 permit. 3,888
Sec. 4303.183. Permit D-7 may be issued to the holder of 3,898
any D-2 permit issued by the division of liquor control, or if 3,900
there is an insufficient number of D-2 permit holders to fill the 3,901
resort quota, to the operator of a food service operation 3,902
required to be licensed under section 3732.03 3717.43 of the 3,903
Revised Code and which qualifies under the other requirements of 3,905
this section, to sell beer and any intoxicating liquor at retail, 3,906
only by the individual drink in glass and from the container, for 3,907
consumption on the premises where sold. Not less than fifty per 3,908
cent of the business on the permit premises shall be preparing 3,909
and serving meals for a consideration in order to qualify for and 3,910
84
continue to hold such D-7 permit. The permit premises shall be 3,911
located in a resort area.
"Resort area" means a municipal corporation, township, 3,914
county, or any combination thereof, which provides entertainment, 3,915
recreation, and transient housing facilities specifically 3,916
intended to provide leisure time activities for persons other 3,917
than those whose permanent residence is within the "resort area" 3,918
and who increase the population of the "resort area" on a 3,919
seasonal basis, and which experiences seasonal peaks of 3,920
employment and governmental services as a direct result of 3,921
population increase generated by the transient, recreating 3,922
public. A resort season shall begin on the first day of May and 3,923
end on the last day of October. Notwithstanding section 4303.27 3,924
of the Revised Code, such permits may be issued for resort 3,925
seasons without regard to the calendar year or permit year. 3,926
Quota restrictions on the number of such permits shall take into 3,927
consideration the transient population during the resort season, 3,928
the custom and habits of visitors and tourists, and the promotion 3,929
of the resort and tourist industry. The fee for this permit is 3,930
three hundred seventy-five dollars per month.
Any suspension of a D-7 permit shall be satisfied during 3,933
the resort season in which such suspension becomes final. If 3,934
such suspension becomes final during the off-season, or if the 3,935
period of the suspension extends beyond the last day of October, 3,936
the suspension or remainder thereof shall be satisfied during the 3,937
next resort season.
The ownership of a D-7 permit may be transferred from one 3,940
permit holder to another. The holder of a D-7 permit may file an 3,941
application to transfer such permit to a new location within the 3,942
same resort area, provided that such permit holder shall be the 3,943
owner or operator of a food service operation, required to be 3,944
licensed under section 3732.03 3717.43 of the Revised Code, at 3,946
such new location.
Sec. 4736.01. As used in sections 4736.01 to 4736.16 of 3,955
85
the Revised Code THIS CHAPTER: 3,956
(A) "Environmental health science" means the aspect of 3,958
public health science that includes, but is not limited to, the 3,959
following bodies of knowledge: air quality, food quality and 3,960
protection, hazardous and toxic substances, consumer product 3,961
safety, housing, institutional health and safety, community noise 3,962
control, radiation protection, recreational facilities, solid and 3,963
liquid waste management, vector control, drinking water quality, 3,964
milk sanitation, and rabies control. 3,965
(B) "Sanitarian" means a person who performs for 3,967
compensation educational, investigational, technical, or 3,968
administrative duties requiring specialized knowledge and skills 3,969
in the field of environmental health science. 3,970
(C) "Registered sanitarian" means a person who is 3,972
registered as a sanitarian in accordance with Chapter 4736. of 3,973
the Revised Code. 3,974
(D) "Sanitarian-in-training" means a person who is 3,976
registered as a sanitarian-in-training in accordance with Chapter 3,977
4736. of the Revised Code. 3,978
(E) "Practice of environmental health" means consultation, 3,980
instruction, investigation, inspection, or evaluation by an 3,981
employee of a city health district, a general health district, 3,982
the Ohio environmental protection agency, the department of 3,983
health, or the department of agriculture requiring specialized 3,984
knowledge, training, and experience in the field of environmental 3,985
health science, with the primary purpose of improving or 3,986
conducting administration or enforcement under any of the 3,987
following: 3,988
(1) Chapter 911., 913., 917., 3717., 3721., 3732., or 3,990
3733. of the Revised Code; 3,991
(2) Chapter 3734. of the Revised Code as it pertains to 3,993
solid waste; 3,994
(3) Section 955.26, 3701.344, 3707.01, or 3707.03, 3,996
sections 3707.33 to 3707.99, or section 3715.21 of the Revised 3,998
86
Code;
(4) Rules adopted under section 3701.34 of the Revised 4,000
Code pertaining to home sewage, rabies control, or swimming 4,001
pools. 4,002
"Practice of environmental health" does not include 4,004
sampling, testing, controlling of vectors, reporting of 4,005
observations, or other duties that do not require application of 4,006
specialized knowledge and skills in environmental health science 4,007
performed under the supervision of a registered sanitarian. 4,008
The state board of sanitarian registration may further 4,010
define environmental health science in relation to specific 4,011
functions in the practice of environmental health through rules 4,012
adopted by the board under Chapter 119. of the Revised Code. 4,013
Sec. 4745.01. (A) "Standard renewal procedure," as used 4,022
in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., 4,023
927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731., 4,024
3742., 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4,025
4169., 4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4,026
4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4,027
4741., 4747., 4749., 4753., 4755., 4757., 4759., 4761., 4766., 4,028
4773., and 4775. of the Revised Code, means the license renewal 4,029
procedures specified in this chapter. 4,030
(B) "Licensing agency," as used in this chapter, means any 4,032
department, division, board, section of a board, or other state 4,033
governmental unit subject to the standard renewal procedure, as 4,034
defined in this section, and authorized by the Revised Code to 4,035
issue a license to engage in a specific profession, occupation, 4,036
or occupational activity, or to have charge of and operate 4,037
certain specified equipment, machinery, or premises. 4,038
(C) "License," as used in this chapter, means a license, 4,040
certificate, permit, card, or other authority issued or conferred 4,041
by a licensing agency by authority of which the licensee has or 4,042
claims the privilege to engage in the profession, occupation, or 4,043
occupational activity, or to have control of and operate certain 4,044
87
specific equipment, machinery, or premises, over which the 4,045
licensing agency has jurisdiction. 4,046
(D) "Licensee," as used in this chapter, means either the 4,048
person to whom the license is issued or renewed by a licensing 4,049
agency, or the person, partnership, or corporation at whose 4,050
request the license is issued or renewed. 4,051
(E) "Renewal" and "renewed," as used in this chapter and 4,053
in the chapters of the Revised Code specified in division (A) of 4,054
this section, includes the continuing licensing procedure 4,055
provided in Chapter 3748. of the Revised Code and rules adopted 4,057
under it and in sections 1321.05 and 3921.33 of the Revised Code, 4,058
and as applied to those continuing licenses any reference in this 4,060
chapter to the date of expiration of any license shall be 4,061
construed to mean the due date of the annual or other fee for the 4,062
continuing license.
Sec. 5104.05. (A) The director of human services shall 4,071
issue a provisional license or license or renew a license for the 4,072
operation of a child day-care center, if he THE DIRECTOR finds, 4,073
after investigation of the applicant and inspection of the 4,075
center, that other requirements of Chapter 5104. of the Revised 4,076
Code, rules promulgated pursuant to Chapter 5104. of the Revised 4,077
Code, and the following requirements are met: 4,078
(1) The buildings in which the center is housed, 4,080
subsequent to any major modification, have been approved by the 4,081
department of commerce or a certified municipal, township, or 4,083
county building department for the purpose of operating a child 4,084
day-care center. Any structure used for the operation of a 4,085
center shall be constructed, equipped, repaired, altered, and 4,086
maintained in accordance with applicable provisions of Chapters 4,087
3781. and 3791. of the Revised Code and with regulations adopted 4,088
by the board of building standards under Chapter 3781. of the 4,089
Revised Code and this division for the safety and sanitation of 4,090
structures erected for this purpose.
(2) The state fire marshal or the fire chief or fire 4,092
88
prevention officer of the municipal corporation or township in 4,093
which the center is located has inspected the center annually 4,094
within the preceding license period and has found the center to 4,095
be in compliance with rules promulgated by the fire marshal 4,096
pursuant to section 3737.83 of the Revised Code regarding fire 4,097
prevention and fire safety in a child day-care center. 4,098
(3) The center has received from the board of health of 4,100
the health district in which it is located or the state 4,101
department of health a current FOOD SERVICE OPERATION license 4,103
permitting the preparation or serving of meals or lunches, as 4,104
provided in UNDER Chapter 3732 3717. of the Revised Code and any 4,107
relevant regulations adopted by the public health council. If a 4,108
meal is IF MEALS ARE to be served to children other than children 4,110
of the licensee or administrator, the preparation and serving of 4,111
food in a child day-care center is included in the meaning of 4,112
"food service operation" under section 3732.01 of the Revised 4,113
Code, whether or not a consideration is received for such food 4,114
THE MEALS.
(B) The director of human services shall issue a 4,116
provisional license or license or renew a license for the 4,117
operation of a type A family day-care home, if he THE DIRECTOR 4,118
finds, after investigation of the applicant and inspection of the 4,120
type A home, that other requirements of Chapter 5104. of the 4,121
Revised Code, rules promulgated pursuant to Chapter 5104. of the 4,122
Revised Code, and the following requirements are met: 4,123
(1) The state fire marshal or the fire chief or fire 4,125
prevention officer of the municipal corporation or township in 4,126
which the type A family day-care home is located has inspected 4,127
the type A home annually within the preceding license period and 4,128
has found the type A home to be in compliance with rules 4,129
promulgated by the fire marshal pursuant to section 3737.83 of 4,130
the Revised Code regarding fire prevention and fire safety in a 4,131
type A home. 4,132
(2) The type A home is in compliance with rules set by the 4,134
89
director of human services in cooperation with the director of 4,135
health pursuant to section 3701.80 of the Revised Code regarding 4,136
meal preparation and meal service in the home. The director of 4,137
human services, in accordance with procedures recommended by the 4,138
director of health, shall inspect each type A home to determine 4,139
compliance with those rules. 4,140
(3) The type A home is in compliance with rules 4,142
promulgated by the director of human services in cooperation with 4,143
the board of building standards regarding safety and sanitation 4,144
pursuant to section 3781.10 of the Revised Code. 4,145
Sec. 5104.051. (A)(1) The department of commerce is 4,154
responsible for the inspections of child day-care centers as 4,156
required by division (A)(1) of section 5104.05 of the Revised 4,157
Code. Where there is a municipal, township, or county building 4,158
department certified under section 3781.10 of the Revised Code to 4,159
exercise enforcement authority with respect to the category of 4,160
building occupancy which includes day-care centers, all 4,161
inspections required under division (A)(1) of section 5104.05 of 4,162
the Revised Code shall be made by that department according to 4,163
the standards established by the board of building standards. 4,164
Inspections in areas of the state where there is no municipal, 4,165
township, or county building department certified under section 4,166
3781.10 of the Revised Code to exercise enforcement authority 4,167
with respect to the category of building occupancy which includes 4,168
day-care centers shall be made by personnel of the department of 4,169
commerce. Inspections of centers shall be contingent upon 4,171
payment of a fee by the applicant to the department having 4,172
jurisdiction to inspect.
(2) The department of commerce is responsible for the 4,175
inspections of type A family day-care homes as required by 4,176
division (B)(3) of section 5104.05 of the Revised Code. Where
there is a municipal, township, or county building department 4,177
certified under section 3781.10 of the Revised Code to exercise 4,178
enforcement authority with respect to the category of building 4,179
90
occupancy which includes type A homes, all inspections required 4,180
under division (B)(3) of section 5104.05 of the Revised Code 4,181
shall be made by that department according to the standards 4,182
established by the board of building standards. Inspections in 4,183
areas of the state where there is no municipal, township, or 4,184
county building department certified under section 3781.10 of the 4,185
Revised Code to exercise enforcement authority with respect to 4,186
the category of building occupancy which includes type A homes 4,187
shall be made by personnel of the department of commerce. 4,189
Inspections of type A homes shall be contingent upon payment of a 4,191
fee by the applicant to the department having jurisdiction to 4,192
inspect.
(B) The state fire marshal is responsible for the 4,194
inspections required by divisions (A)(2) and (B)(1) of section 4,195
5104.05 of the Revised Code. In municipal corporations and in 4,196
townships outside municipal corporations where there is a fire 4,197
prevention official, the inspections shall be made by the fire 4,198
chief or the fire prevention official under the supervision of 4,199
and according to the standards established by the state fire 4,200
marshal. In townships outside municipal corporations where there 4,201
is no fire prevention official, inspections shall be made by the 4,202
employees of the state fire marshal. 4,203
(C) The fire marshal shall enforce all statutes and rules 4,205
pertaining to fire safety and fire prevention in child day-care 4,206
centers and type A family day-care homes. In the event of a 4,207
dispute between the marshal and any other responsible officer 4,208
under sections 5104.05 and 5104.051 of the Revised Code with 4,209
respect to the interpretation or application of a specific fire 4,210
safety statute or rule, the interpretation of the marshal shall 4,211
prevail. 4,212
(D) As used in this division, "licensor" has the same 4,214
meaning as in section 3732.01 3717.01 of the Revised Code. 4,215
The licensor for FOOD SERVICE OPERATIONS IN the city or 4,217
general health district in which the center is located is 4,218
91
responsible for the inspections required under Chapter 3732 3717. 4,219
of the Revised Code.
(E) Any moneys collected by the department of commerce 4,221
under this section shall be paid into the state treasury to the 4,222
credit of the industrial compliance operating fund created in 4,223
section 121.084 of the Revised Code. 4,224
Sec. 5739.02. For the purpose of providing revenue with 4,233
which to meet the needs of the state, for the use of the general 4,234
revenue fund of the state, for the purpose of securing a thorough 4,235
and efficient system of common schools throughout the state, for 4,236
the purpose of affording revenues, in addition to those from 4,237
general property taxes, permitted under constitutional 4,238
limitations, and from other sources, for the support of local 4,239
governmental functions, and for the purpose of reimbursing the 4,240
state for the expense of administering this chapter, an excise 4,241
tax is hereby levied on each retail sale made in this state. 4,242
(A) The tax shall be collected pursuant to the schedules 4,244
in section 5739.025 of the Revised Code. 4,245
The tax applies and is collectible when the sale is made, 4,247
regardless of the time when the price is paid or delivered. 4,248
In the case of a sale, the price of which consists in whole 4,250
or in part of rentals for the use of the thing transferred, the 4,251
tax, as regards such rentals, shall be measured by the 4,252
installments thereof. 4,253
In the case of a sale of a service defined under division 4,255
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 4,256
which consists in whole or in part of a membership for the 4,257
receipt of the benefit of the service, the tax applicable to the 4,258
sale shall be measured by the installments thereof. 4,259
(B) The tax does not apply to the following: 4,261
(1) Sales to the state or any of its political 4,263
subdivisions, or to any other state or its political subdivisions 4,264
if the laws of that state exempt from taxation sales made to this 4,265
state and its political subdivisions; 4,266
92
(2) Sales of food for human consumption off the premises 4,268
where sold; 4,269
(3) Sales of food sold to students only in a cafeteria, 4,271
dormitory, fraternity, or sorority maintained in a private, 4,272
public, or parochial school, college, or university; 4,273
(4) Sales of newspapers, and of magazine subscriptions 4,275
shipped by second class mail, and sales or transfers of magazines 4,276
distributed as controlled circulation publications; 4,277
(5) The furnishing, preparing, or serving of meals without 4,279
charge by an employer to an employee provided the employer 4,280
records the meals as part compensation for services performed or 4,281
work done; 4,282
(6) Sales of motor fuel upon receipt, use, distribution, 4,285
or sale of which in this state a tax is imposed by the law of 4,286
this state, but this exemption shall not apply to the sale of 4,287
motor fuel on which a refund of the tax is allowable under 4,288
section 5735.14 of the Revised Code; and the tax commissioner may 4,289
deduct the amount of tax levied by this section applicable to the 4,290
price of motor fuel when granting a refund of motor fuel tax 4,291
pursuant to section 5735.14 of the Revised Code and shall cause 4,292
the amount deducted to be paid into the general revenue fund of 4,293
this state;
(7) Sales of natural gas by a natural gas company, of 4,295
electricity by an electric company, of water by a water-works 4,296
company, or of steam by a heating company, if in each case the 4,297
thing sold is delivered to consumers through wires, pipes, or 4,298
conduits, and all sales of communications services by a telephone 4,299
or telegraph company, all terms as defined in section 5727.01 of 4,300
the Revised Code; 4,301
(8) Casual sales by a person, or auctioneer employed 4,303
directly by the person to conduct such sales, except as to such 4,305
sales of motor vehicles, watercraft or outboard motors required 4,306
to be titled under section 1548.06 of the Revised Code, 4,307
watercraft documented with the United States coast guard, 4,308
93
snowmobiles, and all-purpose vehicles as defined in section 4,309
4519.01 of the Revised Code; 4,310
(9) Sales of services or tangible personal property, other 4,312
than motor vehicles, mobile homes, and manufactured homes, by 4,314
churches or by nonprofit organizations operated exclusively for 4,315
charitable purposes as defined in division (B)(12) of this 4,316
section, provided that the number of days on which such tangible 4,317
personal property or services, other than items never subject to 4,318
the tax, are sold does not exceed six in any calendar year. If 4,319
the number of days on which such sales are made exceeds six in 4,320
any calendar year, the church or organization shall be considered 4,321
to be engaged in business and all subsequent sales by it shall be 4,322
subject to the tax. In counting the number of days, all sales by 4,323
groups within a church or within an organization shall be 4,324
considered to be sales of that church or organization, except 4,325
that sales made by separate student clubs and other groups of 4,326
students of a primary or secondary school, and sales made by a 4,327
parent-teacher association, booster group, or similar 4,328
organization that raises money to support or fund curricular or 4,329
extracurricular activities of a primary or secondary school, 4,330
shall not be considered to be sales of such school, and sales by 4,331
each such club, group, association, or organization shall be 4,332
counted separately for purposes of the six-day limitation. This 4,333
division does not apply to sales by a noncommercial educational 4,334
radio or television broadcasting station. 4,335
(10) Sales not within the taxing power of this state under 4,337
the Constitution of the United States; 4,338
(11) The transportation of persons or property, unless the 4,340
transportation is by a private investigation and security 4,341
service; 4,342
(12) Sales of tangible personal property or services to 4,344
churches, to organizations exempt from taxation under section 4,345
501(c)(3) of the Internal Revenue Code of 1986, and to any other 4,346
nonprofit organizations operated exclusively for charitable 4,347
94
purposes in this state, no part of the net income of which inures 4,348
to the benefit of any private shareholder or individual, and no 4,349
substantial part of the activities of which consists of carrying 4,350
on propaganda or otherwise attempting to influence legislation; 4,351
sales to offices administering one or more homes for the aged or 4,352
one or more hospital facilities exempt under section 140.08 of 4,353
the Revised Code; and sales to organizations described in 4,354
division (D) of section 5709.12 of the Revised Code. 4,355
"Charitable purposes" means the relief of poverty; the 4,357
improvement of health through the alleviation of illness, 4,358
disease, or injury; the operation of an organization exclusively 4,360
for the provision of professional, laundry, printing, and 4,361
purchasing services to hospitals or charitable institutions; the 4,363
operation of a home for the aged, as defined in section 5701.13 4,364
of the Revised Code; the operation of a radio or television 4,365
broadcasting station that is licensed by the federal 4,366
communications commission as a noncommercial educational radio or 4,367
television station; the operation of a nonprofit animal adoption 4,369
service or a county humane society; the promotion of education by 4,370
an institution of learning that maintains a faculty of qualified 4,371
instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific 4,372
curriculum; the operation of a parent teacher association, 4,373
booster group, or similar organization primarily engaged in the 4,374
promotion and support of the curricular or extracurricular 4,375
activities of a primary or secondary school; the operation of a 4,376
community or area center in which presentations in music, 4,377
dramatics, the arts, and related fields are made in order to 4,378
foster public interest and education therein; the production of 4,379
performances in music, dramatics, and the arts; or the promotion 4,381
of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological 4,382
knowledge and information primarily for the public. 4,383
Nothing in this division shall be deemed to exempt sales to 4,385
95
any organization for use in the operation or carrying on of a 4,386
trade or business, or sales to a home for the aged for use in the 4,387
operation of independent living facilities as defined in division 4,388
(A) of section 5709.12 of the Revised Code. 4,389
(13) Building and construction materials and services sold 4,391
to construction contractors for incorporation into a structure or 4,392
improvement to real property under a construction contract with 4,393
this state or a political subdivision thereof, or with the United 4,394
States government or any of its agencies; building and 4,395
construction materials and services sold to construction 4,396
contractors for incorporation into a structure or improvement to 4,397
real property that are accepted for ownership by this state or 4,399
any of its political subdivisions, or by the United States 4,400
government or any of its agencies at the time of completion of 4,401
such structures or improvements; building and construction 4,402
materials sold to construction contractors for incorporation into 4,403
a horticulture structure or livestock structure for a person 4,404
engaged in the business of horticulture or producing livestock; 4,405
building materials and services sold to a construction contractor 4,406
for incorporation into a house of public worship or religious 4,407
education, or a building used exclusively for charitable purposes 4,408
under a construction contract with an organization whose purpose 4,409
is as described in division (B)(12) of this section; building and 4,410
construction materials sold for incorporation into the original 4,411
construction of a sports facility under section 307.696 of the 4,412
Revised Code; and building and construction materials and 4,413
services sold to a construction contractor for incorporation into 4,414
real property outside this state if such materials and services, 4,415
when sold to a construction contractor in the state in which the 4,416
real property is located for incorporation into real property in 4,417
that state, would be exempt from a tax on sales levied by that 4,418
state; 4,419
(14) Sales of ships or vessels or rail rolling stock used 4,421
or to be used principally in interstate or foreign commerce, and 4,422
96
repairs, alterations, fuel, and lubricants for such ships or 4,423
vessels or rail rolling stock; 4,424
(15) Sales to persons engaged in any of the activities 4,426
mentioned in division (E)(2) or (9) of section 5739.01 of the 4,427
Revised Code, to persons engaged in making retail sales, or to 4,428
persons who purchase for sale from a manufacturer tangible 4,429
personal property that was produced by the manufacturer in 4,430
accordance with specific designs provided by the purchaser, of 4,431
packages, including material and parts for packages, and of 4,432
machinery, equipment, and material for use primarily in packaging 4,433
tangible personal property produced for sale by or on the order 4,434
of the person doing the packaging, or sold at retail. "Packages" 4,435
includes bags, baskets, cartons, crates, boxes, cans, bottles, 4,436
bindings, wrappings, and other similar devices and containers, 4,437
and "packaging" means placing therein. 4,438
(16) Sales of food to persons using food stamp coupons to 4,440
purchase the food. As used in division (B)(16) of this section, 4,441
"food" has the same meaning as in the "Food Stamp Act of 1977," 4,442
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 4,443
adopted pursuant to that act. 4,444
(17) Sales to persons engaged in farming, agriculture, 4,446
horticulture, or floriculture, of tangible personal property for 4,447
use or consumption directly in the production by farming, 4,448
agriculture, horticulture, or floriculture of other tangible 4,449
personal property for use or consumption directly in the 4,450
production of tangible personal property for sale by farming, 4,451
agriculture, horticulture, or floriculture; or material and parts 4,452
for incorporation into any such tangible personal property for 4,453
use or consumption in production; and of tangible personal 4,454
property for such use or consumption in the conditioning or 4,455
holding of products produced by and for such use, consumption, or 4,456
sale by persons engaged in farming, agriculture, horticulture, or 4,457
floriculture, except where such property is incorporated into 4,458
real property; 4,459
97
(18) Sales of drugs dispensed by a licensed pharmacist 4,462
upon the order of a licensed health professional authorized to 4,464
prescribe drugs to a human being, as the term "licensed health
professional authorized to prescribe drugs" is defined in section 4,465
4729.01 of the Revised Code; insulin as recognized in the 4,467
official United States pharmacopoeia; urine and blood testing 4,468
materials when used by diabetics or persons with hypoglycemia to 4,469
test for glucose or acetone; hypodermic syringes and needles when 4,470
used by diabetics for insulin injections; epoetin alfa when 4,471
purchased for use in the treatment of persons with end-stage 4,472
renal disease; hospital beds when purchased for use by persons 4,474
with medical problems for medical purposes; and oxygen and 4,475
oxygen-dispensing equipment when purchased for use by persons 4,476
with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast 4,478
prostheses, and other prosthetic devices for humans; braces or 4,479
other devices for supporting weakened or nonfunctioning parts of 4,480
the human body; wheelchairs; devices used to lift wheelchairs 4,481
into motor vehicles and parts and accessories to such devices; 4,482
crutches or other devices to aid human perambulation; and items 4,483
of tangible personal property used to supplement impaired 4,484
functions of the human body such as respiration, hearing, or 4,485
elimination. No exemption under this division shall be allowed 4,486
for nonprescription drugs, medicines, or remedies; items or 4,487
devices used to supplement vision; items or devices whose 4,488
function is solely or primarily cosmetic; or physical fitness 4,489
equipment. This division does not apply to sales to a physician 4,490
or medical facility for use in the treatment of a patient. 4,491
(20) Sales of emergency and fire protection vehicles and 4,493
equipment to nonprofit organizations for use solely in providing 4,494
fire protection and emergency services for political subdivisions 4,495
of the state; 4,496
(21) Sales of tangible personal property manufactured in 4,498
this state, if sold by the manufacturer in this state to a 4,499
98
retailer for use in the retail business of the retailer outside 4,500
of this state and if possession is taken from the manufacturer by 4,502
the purchaser within this state for the sole purpose of 4,503
immediately removing the same from this state in a vehicle owned 4,504
by the purchaser;
(22) Sales of services provided by the state or any of its 4,506
political subdivisions, agencies, instrumentalities, 4,507
institutions, or authorities, or by governmental entities of the 4,508
state or any of its political subdivisions, agencies, 4,509
instrumentalities, institutions, or authorities; 4,510
(23) Sales of motor vehicles to nonresidents of this state 4,512
upon the presentation of an affidavit executed in this state by 4,513
the nonresident purchaser affirming that the purchaser is a 4,514
nonresident of this state, that possession of the motor vehicle 4,515
is taken in this state for the sole purpose of immediately 4,516
removing it from this state, that the motor vehicle will be 4,517
permanently titled and registered in another state, and that the 4,518
motor vehicle will not be used in this state; 4,519
(24) Sales to persons engaged in the preparation of eggs 4,521
for sale of tangible personal property used or consumed directly 4,522
in such preparation, including such tangible personal property 4,523
used for cleaning, sanitizing, preserving, grading, sorting, and 4,524
classifying by size; packages, including material and parts for 4,525
packages, and machinery, equipment, and material for use in 4,526
packaging eggs for sale; and handling and transportation 4,527
equipment and parts therefor, except motor vehicles licensed to 4,528
operate on public highways, used in intraplant or interplant 4,529
transfers or shipment of eggs in the process of preparation for 4,530
sale, when the plant or plants within or between which such 4,531
transfers or shipments occur are operated by the same person. 4,532
"Packages" includes containers, cases, baskets, flats, fillers, 4,533
filler flats, cartons, closure materials, labels, and labeling 4,534
materials, and "packaging" means placing therein. 4,535
(25)(a) Sales of water to a consumer for residential use, 4,537
99
except the sale of bottled water, distilled water, mineral water, 4,538
carbonated water, or ice; 4,539
(b) Sales of water by a nonprofit corporation engaged 4,541
exclusively in the treatment, distribution, and sale of water to 4,542
consumers, if such water is delivered to consumers through pipes 4,543
or tubing. 4,544
(26) Fees charged for inspection or reinspection of motor 4,546
vehicles under section 3704.14 of the Revised Code; 4,547
(27) Sales of solar, wind, or hydrothermal energy systems 4,549
that meet the guidelines established under division (B) of 4,550
section 1551.20 of the Revised Code, components of such systems 4,551
that are identified under division (B) or (D) of that section, or 4,552
charges for the installation of such systems or components, made 4,553
during the period from August 14, 1979, through December 31, 4,554
1985; 4,555
(28) Sales to persons licensed to conduct a food service 4,557
operation pursuant to section 3732.03 3717.43 of the Revised 4,558
Code, of tangible personal property primarily used directly for 4,560
the following:
(a) To prepare food for human consumption for sale; 4,562
(b) To preserve food that has been or will be prepared for 4,565
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 4,566
selection by the consumer; 4,567
(c) To clean tangible personal property used to prepare or 4,569
serve food for human consumption for sale. 4,570
(29) Sales of animals by nonprofit animal adoption 4,572
services or county humane societies; 4,573
(30) Sales of services to a corporation described in 4,575
division (A) of section 5709.72 of the Revised Code, and sales of 4,576
tangible personal property that qualifies for exemption from 4,577
taxation under section 5709.72 of the Revised Code; 4,578
(31) Sales and installation of agricultural land tile, as 4,580
defined in division (B)(5)(a) of section 5739.01 of the Revised 4,581
100
Code; 4,582
(32) Sales and erection or installation of portable grain 4,584
bins, as defined in division (B)(5)(b) of section 5739.01 of the 4,585
Revised Code; 4,586
(33) The sale, lease, repair, and maintenance of; parts 4,588
for; or items attached to or incorporated in motor vehicles that 4,589
are primarily used for transporting tangible personal property by 4,590
a person engaged in highway transportation for hire; 4,591
(34) Sales to the state headquarters of any veterans' 4,593
organization in Ohio that is either incorporated and issued a 4,594
charter by the congress of the United States or is recognized by 4,595
the United States veterans administration, for use by the 4,596
headquarters; 4,597
(35) Sales to a telecommunications service vendor of 4,599
tangible personal property and services used directly and 4,600
primarily in transmitting, receiving, switching, or recording any 4,601
interactive, two-way electromagnetic communications, including 4,602
voice, image, data, and information, through the use of any 4,603
medium, including, but not limited to, poles, wires, cables, 4,604
switching equipment, computers, and record storage devices and 4,605
media, and component parts for the tangible personal property. 4,606
The exemption provided in division (B)(35) of this section shall 4,607
be in lieu of all other exceptions under division (E)(2) of 4,608
section 5739.01 of the Revised Code to which a telecommunications 4,609
service vendor may otherwise be entitled based upon the use of 4,610
the thing purchased in providing the telecommunications service. 4,611
(36) Sales of investment metal bullion and investment 4,613
coins. "Investment metal bullion" means any elementary precious 4,614
metal that has been put through a process of smelting or 4,615
refining, including, but not limited to, gold, silver, platinum, 4,616
and palladium, and which is in such state or condition that its 4,617
value depends upon its content and not upon its form. 4,618
"Investment metal bullion" does not include fabricated precious 4,619
metal that has been processed or manufactured for one or more 4,621
101
specific and customary industrial, professional, or artistic 4,622
uses. "Investment coins" means numismatic coins or other forms 4,623
of money and legal tender manufactured of gold, silver, platinum, 4,624
palladium, or other metal under the laws of the United States or 4,625
any foreign nation with a fair market value greater than any 4,626
statutory or nominal value of such coins. 4,627
(37)(a) Sales where the purpose of the consumer is to use 4,629
or consume the things transferred in making retail sales and 4,630
consisting of newspaper inserts, catalogues, coupons, flyers, 4,631
gift certificates, or other advertising material that prices and 4,633
describes tangible personal property offered for retail sale. 4,634
(b) Sales to direct marketing vendors of preliminary 4,636
materials such as photographs, artwork, and typesetting that will 4,637
be used in printing advertising material; of printed matter that 4,638
offers free merchandise or chances to win sweepstake prizes and 4,639
that is mailed to potential customers with advertising material 4,640
described in division (B)(37)(a) of this section; and of 4,641
equipment such as telephones, computers, facsimile machines, and 4,642
similar tangible personal property primarily used to accept 4,643
orders for direct marketing retail sales. 4,644
(c) Sales of automatic food vending machines that preserve 4,646
food with a shelf life of forty-five days or less by 4,647
refrigeration and dispense it to the consumer. 4,648
For purposes of division (B)(37) of this section, "direct 4,650
marketing" means the method of selling where consumers order 4,651
tangible personal property by United States mail, delivery 4,652
service, or telecommunication and the vendor delivers or ships 4,653
the tangible personal property sold to the consumer from a 4,654
warehouse, catalogue distribution center, or similar fulfillment 4,655
facility by means of the United States mail, delivery service, or 4,656
common carrier. 4,657
(38) Sales to a person engaged in the business of 4,659
horticulture or producing livestock of materials to be 4,660
incorporated into a horticulture structure or livestock 4,661
102
structure; 4,662
(39) The sale of a motor vehicle that is used exclusively 4,664
for a vanpool ridesharing arrangement to persons participating in 4,665
the vanpool ridesharing arrangement when the vendor is selling 4,666
the vehicle pursuant to a contract between the vendor and the 4,667
department of transportation;
(40) Sales of personal computers, computer monitors, 4,669
computer keyboards, modems, and other peripheral computer 4,670
equipment to an individual who is licensed or certified to teach 4,671
in an elementary or a secondary school in this state for use by 4,672
that individual in preparation for teaching elementary or
secondary school students; 4,673
(41) Sales to a professional racing team of any of the 4,675
following: 4,676
(a) Motor racing vehicles; 4,678
(b) Repair services for motor racing vehicles; 4,681
(c) Items of property that are attached to or incorporated 4,684
in motor racing vehicles, including engines, chassis, and all 4,685
other components of the vehicles, and all spare, replacement, and 4,686
rebuilt parts or components of the vehicles; except not including 4,687
tires, consumable fluids, paint, and accessories consisting of 4,688
instrumentation sensors and related items added to the vehicle to 4,689
collect and transmit data by means of telemetry and other forms 4,690
of communication.
(42) Sales of used manufactured homes and used mobile 4,692
homes, as defined in section 5739.0210 of the Revised Code, made 4,693
on or after January 1, 2000. 4,694
For the purpose of the proper administration of this 4,696
chapter, and to prevent the evasion of the tax, it is presumed 4,697
that all sales made in this state are subject to the tax until 4,698
the contrary is established. 4,699
As used in this section, except in division (B)(16) of this 4,701
section, "food" includes cereals and cereal products, milk and 4,702
milk products including ice cream, meat and meat products, fish 4,703
103
and fish products, eggs and egg products, vegetables and 4,704
vegetable products, fruits, fruit products, and pure fruit 4,705
juices, condiments, sugar and sugar products, coffee and coffee 4,706
substitutes, tea, and cocoa and cocoa products. It does not 4,707
include: spirituous or malt liquors; soft drinks; sodas and 4,708
beverages that are ordinarily dispensed at bars and soda 4,709
fountains or in connection therewith, other than coffee, tea, and 4,710
cocoa; root beer and root beer extracts; malt and malt extracts; 4,711
mineral oils, cod liver oils, and halibut liver oil; medicines, 4,712
including tonics, vitamin preparations, and other products sold 4,713
primarily for their medicinal properties; and water, including 4,714
mineral, bottled, and carbonated waters, and ice. 4,715
(C) The levy of an excise tax on transactions by which 4,717
lodging by a hotel is or is to be furnished to transient guests 4,718
pursuant to this section and division (B) of section 5739.01 of 4,719
the Revised Code does not prevent any of the following: 4,720
(1) A municipal corporation or township from levying an 4,722
excise tax for any lawful purpose not to exceed three per cent on 4,723
transactions by which lodging by a hotel is or is to be furnished 4,724
to transient guests in addition to the tax levied by this 4,725
section. If a municipal corporation or township repeals a tax 4,726
imposed under division (C)(1) of this section and a county in 4,727
which the municipal corporation or township has territory has a 4,728
tax imposed under division (C) of section 5739.024 of the Revised 4,729
Code in effect, the municipal corporation or township may not 4,730
reimpose its tax as long as that county tax remains in effect. A 4,731
municipal corporation or township in which a tax is levied under 4,732
division (B)(2) of section 351.021 of the Revised Code may not 4,733
increase the rate of its tax levied under division (C)(1) of this 4,734
section to any rate that would cause the total taxes levied under 4,735
both of those divisions to exceed three per cent on any lodging 4,736
transaction within the municipal corporation or township. 4,737
(2) A municipal corporation or a township from levying an 4,739
additional excise tax not to exceed three per cent on such 4,740
104
transactions pursuant to division (B) of section 5739.024 of the 4,741
Revised Code. Such tax is in addition to any tax imposed under 4,742
division (C)(1) of this section. 4,743
(3) A county from levying an excise tax pursuant to 4,745
division (A) of section 5739.024 of the Revised Code. 4,746
(4) A county from levying an excise tax not to exceed 4,748
three per cent of such transactions pursuant to division (C) of 4,749
section 5739.024 of the Revised Code. Such a tax is in addition 4,750
to any tax imposed under division (C)(3) of this section. 4,751
(5) A convention facilities authority, as defined in 4,753
division (A) of section 351.01 of the Revised Code, from levying 4,754
the excise taxes provided for in division (B) of section 351.021 4,755
of the Revised Code. 4,756
(6) A county from levying an excise tax not to exceed one 4,758
and one-half per cent of such transactions pursuant to division 4,759
(D) of section 5739.024 of the Revised Code. Such tax is in 4,760
addition to any tax imposed under division (C)(3) or (4) of this 4,761
section. 4,762
(7) A county from levying an excise tax not to exceed one 4,764
and one-half per cent of such transactions pursuant to division 4,765
(E) of section 5739.024 of the Revised Code. Such a tax is in 4,766
addition to any tax imposed under division (C)(3), (4), or (6) of 4,767
this section. 4,768
(D) The levy of this tax on retail sales of recreation and 4,770
sports club service shall not prevent a municipal corporation 4,771
from levying any tax on recreation and sports club dues or on any 4,772
income generated by recreation and sports club dues. 4,773
Sec. 5739.11. As used in this section, "food service 4,782
operator" means a vendor who conducts a food service operation 4,783
under Chapter 3732 3717. of the Revised Code. 4,784
Each vendor shall keep complete and accurate records of 4,786
sales, together with a record of the tax collected on the sales, 4,787
which shall be the amount due under sections 5739.01 to 5739.31 4,788
of the Revised Code, and shall keep all invoices, bills of 4,789
105
lading, and other such pertinent documents. Alternatively, any 4,790
food service operator who has not been convicted under section 4,791
5739.99 of the Revised Code, with respect to the vendor's food 4,792
service operation, may keep a sample of primary sales records. 4,793
Such sample shall consist of all sales invoices, guest checks, 4,794
cash register tapes, and other such documents for each of 4,795
fourteen days in every calendar quarter. The specific days to be 4,796
included in the sample shall be determined by the tax 4,797
commissioner and entered in the commissioner's journal within ten 4,798
days after the close of every calendar quarter. The tax 4,799
commissioner shall notify each such operator registered pursuant 4,800
to section 5739.17 of the Revised Code who requests such 4,801
notification of the days to be included in each sample by the 4,802
last day of the month following the close of each calendar 4,803
quarter. The notice also shall contain a statement that 4,804
destruction of primary records for time periods other than the 4,805
specified sample period is optional and that some operators may 4,806
wish to keep all such records for four full years so as to be 4,807
able to clearly demonstrate that they have fully complied with 4,808
this chapter and Chapter 5741. of the Revised Code. The tax 4,809
commissioner shall further make such determination known through 4,810
a general news release. 4,811
Each vendor shall keep exemption certificates required to 4,813
be obtained under section 5739.03 of the Revised Code. If the 4,814
vendor makes sales not subject to the tax and not required to be 4,815
evidenced by an exemption certificate, the vendor's records shall 4,816
show the identity of the purchaser, if the sale was exempted by 4,817
reason of such identity, or the nature of the transaction if 4,818
exempted for any other reason. Vendors are not required to 4,819
differentiate in record-keeping between sales that are exempt 4,820
from taxation under division (B)(2) of section 5739.02 of the 4,821
Revised Code and those that are exempt under division (B)(16) of 4,822
that section. Such records and other documents required to be 4,823
kept by this section shall be open during business hours to the 4,824
106
inspection of the tax commissioner, and shall be preserved for a 4,825
period of four years, unless the commissioner, in writing, 4,826
consents to their destruction within that period, or by order 4,827
requires that they be kept longer. 4,828
Section 2. That existing sections 901.43, 911.01, 911.011, 4,830
911.02, 915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 4,831
3709.09, 3715.02, 3715.52, 3715.99, 3724.03, 3732.01, 3732.02, 4,832
3732.03, 3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.10, 4,834
3732.11, 3732.12, 3732.13, 3732.14, 3732.99, 4303.021, 4303.13, 4,835
4303.14, 4303.15, 4303.181, 4303.182, 4303.183, 4736.01, 4745.01, 4,836
5104.05, 5104.051, 5739.02, and 5739.11 and sections 3707.38, 4,837
3715.21, 3715.211, and 3732.07 of the Revised Code are hereby 4,838
repealed.
Section 3. Sections 3717.21, 3717.24, and 3717.44 of the 4,840
Revised Code, as enacted by this act, shall take effect February 4,842
1, 2001.
Section 4. Prior to the effective date of section 3717.21 4,845
of the Revised Code, the Director of Agriculture shall conduct a 4,846
preliminary survey, pursuant to section 3717.11 of the Revised 4,847
Code, of each board of health to determine whether the board is 4,848
qualified and has the capacity to administer and enforce the 4,849
provisions of Chapter 3717. of the Revised Code pertaining to 4,850
retail food establishments and to abide by the Ohio Uniform Food 4,851
Safety Code. If the director determines that a board is not 4,852
qualified or lacks the requisite capacity, the director shall 4,853
grant the board an opportunity to take corrective action. The 4,854
director shall notify the board of its deficiencies, specify the 4,855
corrective actions that must be taken, and specify a deadline by 4,856
which the board must complete the actions to receive the 4,857
director's approval under section 3717.11 of the Revised Code 4,858
when that section takes effect. 4,859
Section 5. Initial appointments to the Retail Food Safety 4,862
Advisory Council, created by section 3717.02 of the Revised Code, 4,864
shall be made by the Director of Agriculture and Director of 4,865
107
Health not later than 90 days after the effective date of this 4,866
act. When all members are appointed, the Director of Health 4,867
shall abolish the Food Service Advisory Board that the Director 4,868
of Health appointed pursuant to section 3732.02 of the Revised 4,870
Code, as that section existed before the effective date of this
act. 4,871
Section 6. (A) The Retail Food Safety Advisory Council, 4,873
created by section 3717.02 of the Revised Code, shall conduct a 4,874
five-year study for the following purposes: 4,875
(1) To determine whether the recommendations of the food 4,877
safety council created by Am. Sub. H.B. 113 of the 122nd General 4,878
Assembly have been implemented and, if implemented, the effects 4,879
of the implementation; 4,880
(2) To evaluate the level of food safety awareness of 4,882
consumers and their confidence in the state's food supply. 4,883
(B) On or before June 1, 2006, the Council shall complete 4,885
its study and issue a report of its findings and recommendations. 4,886
The report shall be submitted to the Speaker of the House of 4,887
Representatives, Minority Leader of the House of Representatives, 4,888
President of the Senate, and Minority Leader of the Senate. 4,889
Section 7. (A) The Director of Agriculture and the 4,891
Director of Health shall include, in the information their 4,892
departments maintain on the internet, electronic links to each 4,895
other's information and to a version of the Ohio Uniform Food
Safety Code maintained on the internet by the departments. The 4,897
Ohio Uniform Food Safety Code shall contain electronic links to 4,899
the Ohio Revised Code, Ohio Administrative Code, and any other 4,900
information maintained on the internet that the directors jointly 4,902
deem relevant.
(B) The Director of Agriculture and the Director of Health 4,904
shall study the feasibility of unifying the computer systems of 4,905
the Department of Agriculture and the Department of Health or 4,906
otherwise ensuring the compatibility of their respective computer 4,908
systems.