As Reported by the Senate Insurance, Commerce 1
and Labor Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 223 6
1999-2000 7
REPRESENTATIVES TERWILLEGER-PADGETT-D. MILLER-KRUPINSKI- 9
VERICH-CORBIN-MOTTLEY-DAMSCHRODER-MEAD-OPFER-EVANS-O'BRIEN- 10
SCHULER-PERZ-BARNES-AUSTRIA-BRADING-BARRETT-JAMES-MAIER- 11
FERDERBER-HARTNETT 12
_________________________________________________________________ 13
A B I L L
To amend sections 901.43, 911.01, 911.011, 911.02, 15
915.24, 2305.37, 3701.22, 3701.83, 3707.33, 16
3707.99, 3709.09, 3715.02, 3715.52, 3715.99, 17
3724.03, 3732.01, 3732.02, 3732.03, 3732.04, 18
3732.05, 3732.06, 3732.08, 3732.09, 3732.11, 19
3732.12, 3732.13, 3732.14, 3732.99, 4303.021,
4303.13, 4303.14, 4303.15, 4303.181, 4303.182, 20
4303.183, 4736.01, 4745.01, 5104.05, 5104.051, 21
5739.02, and 5739.11; to amend, for the purpose
of adopting new section numbers as indicated in 22
parentheses, sections 911.011 (911.021), 3732.01 23
(3717.01), 3732.02 (3717.51), 3732.03 (3717.43),
3732.04 (3717.45), 3732.05 (3717.46), 3732.06 25
(3717.12), 3732.08 (3717.47), 3732.09 (3717.11), 26
3732.10 (3717.13), 3732.11 (3717.49), 3732.12 27
(3717.50), 3732.13 (3717.52), 3732.14 (3717.09), 28
and 3732.99 (3717.99); to enact sections
3715.021, 3715.511, 3717.02 to 3717.08, 3717.21 29
to 3717.33, 3717.41, 3717.42, 3717.44, and 30
3717.48; and to repeal sections 3707.38, 3715.21, 31
3715.211, and 3732.07 of the Revised Code to make 32
changes in the laws pertaining to food service
operations and to require the licensing of retail 33
food establishments.
2
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
Section 1. That sections 901.43, 911.01, 911.011, 911.02, 37
915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 3709.09, 38
3715.02, 3715.52, 3715.99, 3724.03, 3732.01, 3732.02, 3732.03, 40
3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.11, 3732.12, 42
3732.13, 3732.14, 3732.99, 4303.021, 4303.13, 4303.14, 4303.15, 43
4303.181, 4303.182, 4303.183, 4736.01, 4745.01, 5104.05, 44
5104.051, 5739.02, and 5739.11 be amended; sections 911.011 45
(911.021), 3732.01 (3717.01), 3732.02 (3717.51), 3732.03
(3717.43), 3732.04 (3717.45), 3732.05 (3717.46), 3732.06 47
(3717.12), 3732.08 (3717.47), 3732.09 (3717.11), 3732.10 48
(3717.13), 3732.11 (3717.49), 3732.12 (3717.50), 3732.13 49
(3717.52), 3732.14 (3717.09), and 3732.99 (3717.99) be amended 51
for the purpose of adopting new section numbers as indicated in 52
parentheses; and sections 3715.021, 3715.511, 3717.02, 3717.03, 54
3717.04, 3717.05, 3717.06, 3717.07, 3717.08, 3717.21, 3717.22, 55
3717.23, 3717.24, 3717.25, 3717.26, 3717.27, 3717.28, 3717.29, 56
3717.30, 3717.31, 3717.32, 3717.33, 3717.41, 3717.42, 3717.44, 57
and 3717.48 of the Revised Code be enacted to read as follows: 59
Sec. 901.43. (A) The director of agriculture may 68
authorize any department of agriculture laboratory to perform a 70
laboratory service for any person, organization, political 72
subdivision, state agency, federal agency, or other entity, 74
whether public or private, and may charge a reasonable fee for 76
performance of the laboratory service. THE 77
(B) The director shall adopt and enforce rules to provide 80
for the rendering of a laboratory service and may. 81
(B) THE DIRECTOR MAY CHARGE A REASONABLE FEE FOR THE 83
PERFORMANCE OF A LABORATORY SERVICE, EXCEPT WHEN THE SERVICE IS 85
PERFORMED ON AN OFFICIAL SAMPLE TAKEN BY THE DIRECTOR ACTING 87
PURSUANT TO TITLE IX, CHAPTER 3715., OR CHAPTER 3717. OF THE 89
REVISED CODE; BY A BOARD OF HEALTH ACTING AS THE LICENSOR OF 91
RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE OPERATIONS UNDER 92
CHAPTER 3717. OF THE REVISED CODE; OR BY THE DIRECTOR OF HEALTH 94
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ACTING AS THE LICENSOR OF FOOD SERVICE OPERATIONS UNDER CHAPTER 95
3717. OF THE REVISED CODE. THE DIRECTOR OF AGRICULTURE SHALL 96
ADOPT RULES SPECIFYING WHAT CONSTITUTES AN OFFICIAL SAMPLE. 97
THE DIRECTOR SHALL publish a list of laboratory services 100
offered, together with the fee for each service. 102
(C) The director may enter into a contract with any 104
person, organization, political subdivision, state agency, 106
federal agency, or other entity for the provision of a laboratory 108
service.
(D)(1) The director may adopt rules specifying what 110
constitutes an official sample. 111
(2) The director shall not charge a fee for a laboratory 113
service performed on an official sample, but may charge a fee for 114
any other sample taken or laboratory service performed by the 115
department.
(E)(1) The director may adopt rules establishing standards 118
for accreditation of laboratories and laboratory services and in 119
doing so may adopt by reference existing or recognized standards 120
or practices.
(2) The director may inspect and accredit laboratories and 123
laboratory services, and may charge a reasonable fee for the 124
inspections and accreditation.
(F)(E)(1) All moneys collected by the director under this 127
section that are from fees generated by a laboratory service 128
performed by the department and related to the diseases of
animals, and all moneys so collected that are from fees generated 129
for the inspection and accreditation of laboratories and 130
laboratory services related to the diseases of animals, shall be 131
deposited in the animal industry laboratory fund, which is hereby 132
created in the state treasury. The director shall use the moneys 133
in the animal industry laboratory fund to purchase supplies and 134
equipment for the laboratory that provides laboratory services 135
related to the diseases of animals. 136
(2) All moneys collected by the director under this 139
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section that are from fees generated by a laboratory service 140
performed by the consumer analytical laboratory, and all moneys 141
so collected that are from fees generated for the inspection and
accreditation of laboratories and laboratory services not related 142
to weights and measures or the diseases of animals, shall be 144
deposited in the laboratory services fund, which is hereby 146
created in the state treasury. The moneys held in the fund may 147
be used to pay the expenses necessary to operate the consumer 148
analytical laboratory, including the purchase of supplies and
equipment. 149
(3) All moneys collected by the director under this 151
section that are from fees generated by a laboratory service 152
performed by the weights and measures laboratory, and all moneys 153
so collected that are from fees generated for the inspection and 154
accreditation of laboratories and laboratory services related to 155
weights and measures, shall be deposited in the weights and 156
measures laboratory fund, which is hereby created in the state 157
treasury. The moneys held in the fund may be used to pay the 158
expenses necessary to operate the division of weights and 159
measures, including the purchase of supplies and equipment. 160
Sec. 911.01. (A) Except as provided in division (B) of 170
this section, "bakery," as AS used in sections 911.01 to 911.20 171
of the Revised Code, "BAKERY" means a building or part of a 172
building wherein is carried on the production, preparation, 173
packing, storing, display, or sale TO OTHER THAN THE ULTIMATE 174
CONSUMER of bread, stuffed breads, cake, pies, cookies, crackers, 176
doughnuts, noodles, waffle cones, pizza crusts for resale, or
other bakery products, whether frozen, fried, deep fried, or 178
partially or completely baked, including any separate room used 180
for the convenience or accommodation of the workers. Sections 181
911.02, 911.04, 911.11, 911.12, 911.13, and 911.15 of the Revised 182
Code do not apply to retail stores where bakery products are sold 183
but not produced.
(B) "Bakery" does not mean a food service operation 185
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licensed under section 3732.03 of the Revised Code that includes 186
the preparation or serving of bakery products. 187
Sec. 911.02. Except as provided in division (A) of section 196
3732.07 of the Revised Code, each EACH person, firm, partnership, 198
or corporation that owns or operates a bakery shall register each 200
bakery that it owns or operates with the director of agriculture. 202
For the registration, the owner or operator of each bakery shall 204
pay an annual fee of thirty dollars for a production capacity of 205
one thousand pounds of bakery product per hour or less and an 206
annual fee of thirty dollars for each one thousand pounds of 207
bakery product per hour capacity, or part thereof, in excess of 208
one thousand pounds of bakery product per hour. 209
Any person who owns or operates a home bakery with only one 211
oven, in a stove of ordinary home kitchen design and located in a 212
home, used for the baking of baked goods to be sold, shall pay a 213
sum of ten dollars annually for registration regardless of the 214
capacity of the home bakery oven. The registration shall be 217
renewed annually by the thirtieth day of September and shall be 218
renewed according to the standard renewal procedure of Chapter 219
4745. of the Revised Code. The registration of the bakery shall 220
show the location, including municipal corporation, street, and 221
number, the name of the owner, and the name of the operator. The 222
application for registration shall be made on a form prescribed 223
and provided by the director. All moneys received from 224
registration fees and fines collected under sections 911.01 to 225
911.20 of the Revised Code shall be deposited with the treasurer 226
of state to the credit of the food safety fund created in section 227
915.24 of the Revised Code. All annual renewal registration fees 229
required by this section shall be paid by the applicant for the 230
renewal to the treasurer of state for deposit into the food 232
safety fund. 233
No bakery product that is manufactured in an out-of-state 235
bakery shall be sold or offered for sale within this state unless 236
the bakery is in compliance with sections 911.01 to 911.20 of the 239
6
Revised Code, and is registered, having paid the annual
registration fee. 240
Registration of out-of-state bakeries is not required if a 242
reciprocal agreement is in effect whereby a bakery located in 243
this state is not subject to a license or registration fee by the 244
receiving state or a political subdivision thereof. 245
Sec. 911.011 911.021. (A) The preparation and serving of 254
bakery products by a food service operation licensed under 257
section 3732.03 of the Revised Code shall be regulated under 258
Chapter 3732. of the Revised Code and not under this chapter. 259
(B) A bakery shall be regulated under this chapter and not 261
under Chapter 3732 3717. of the Revised Code when either of the 263
following applies: 264
(1) The bakery only serves bakery products on its 266
premises;
(2) The bakery serves bakery products for consumption on 268
its premises and also serves frozen desserts, beverages, nuts, 270
popcorn, candy, or similar confections, dairy products, or any 271
combination of those items for consumption THE BAKERY'S PRIMARY 272
BUSINESS IS WHOLESALE, EVEN IF THE BAKERY ALSO SELLS BAKERY 273
PRODUCTS AT RETAIL on its premises. 274
Sec. 915.24. (A) There is hereby created in the state 283
treasury the food safety fund. All of the following moneys shall 286
be credited to the fund:
(1) Bakery registration fees and fines received under 288
sections 911.02 to 911.20 of the Revised Code; 290
(2) Cannery license fees and renewal fees received under 292
sections 913.01 to 913.05 of the Revised Code; 293
(3) Moneys received under sections 913.22 to 913.28 of the 295
Revised Code; 296
(4) License fees, fines, and penalties recovered for the 298
violation of sections 915.01 to 915.12 of the Revised Code; 299
(5) License fees collected under sections 915.14 to 915.23 301
and under section 3715.21 of the Revised Code; 303
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(6) LICENSE FEES, OTHER FEES, AND FINES COLLECTED BY OR 305
FOR THE DIRECTOR OF AGRICULTURE UNDER CHAPTER 3717. OF THE 307
REVISED CODE.
(B) The director of agriculture shall use the moneys 309
deposited into the food safety fund to administer and enforce the 312
laws pursuant to which the moneys were collected.
Sec. 2305.37. (A) As used in this section: 321
(1) "Agency" means any nonhospital, charitable nonprofit 323
corporation that is organized and operated pursuant to Chapter 324
1702. of the Revised Code and that satisfies both of the 325
following, or any nonhospital, charitable association, group, 326
institution, organization, or society that is not organized and 328
not operated for profit and that satisfies both of the following: 329
(a) It distributes perishable food, directly or 331
indirectly, to individuals in need. 332
(b) It does not charge or accept any form of compensation 334
from the individuals in need for the distribution of the 335
perishable food to them. 336
(2) "Food service operation" has the same meaning as in 338
section 3732.01 3717.01 of the Revised Code. 339
(3) "Food that is gleaned" means perishable food that 341
remains on a farm or other real property and that the owner, 342
lessee, renter, or operator of the property permits one or more 343
persons to salvage free-of-charge for subsequent donation to one 344
or more agencies.
(4) "Harm" means injury, death, or loss to person or 346
property. 347
(5) "Hospital" has the same meaning as in section 2108.01, 349
3701.01, or 5122.01 of the Revised Code. 350
(6) "Individuals in need" means those persons who an 352
agency determines are eligible to receive free distributions of 353
perishable food because of poverty, illness, disability, infancy, 354
or other conditions or circumstances that may result in persons 355
having a need to receive free distributions of perishable food. 356
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(7) "Perishable food" means any food that may spoil or 358
otherwise become unfit for human consumption because of its 359
nature, age, or physical condition. "Perishable food" includes, 360
but is not limited to, fresh meats, processed meats, poultry, 361
fish and other seafood, dairy products, bakery products, eggs in 362
the shell, fresh fruits, fresh vegetables, food that is gleaned, 363
food that is packaged, refrigerated, or frozen, food that is 364
canned, and prepared or other food that has not been served by a 365
restaurant, cafeteria, hospital, hotel, caterer, or other food 366
service operation to any customer, patient, or other person in 367
the ordinary course of business, by a public or private school, 368
college, university, or other educational institution to a 369
student or another person on the premises in the ordinary course 370
of the operation of the institution, or by a fraternal, 371
veteran's, or other organization to its members or other persons 372
on the premises in the ordinary course of the operation of the 373
organization.
(8) "Person" has the same meaning as in section 1.59 of 375
the Revised Code and additionally includes governmental entities. 376
(9) "Sale date" has the same meaning as in section 378
3715.171 of the Revised Code. 379
(10) "Tort action" means a civil action for damages for 381
injury, death, or loss to person or property. "Tort action" 382
includes a product liability claim but does not include a civil 384
action for a breach of contract or another agreement between 385
persons.
(B) Notwithstanding Chapter 3715. of the Revised Code, a 387
person who, in good faith, donates perishable food to an agency 388
is not liable in damages in a tort action for harm that allegedly 389
arises because that perishable food, when distributed by the 390
agency or any other agency to a particular individual in need, is 391
not fit for human consumption, if both of the following apply: 392
(1) Prior to the donation of the perishable food to the 394
agency, the person determines that the perishable food will be 395
9
fit for human consumption at the time of its donation. A 396
presumption favoring liability does not arise because the 397
perishable food is donated to an agency on or after an applicable 398
sale date. 399
(2) The person does not make the determination that the 401
perishable food will be fit for human consumption at the time of 402
its donation to the agency in a manner that constitutes 403
negligence or willful or wanton misconduct. 404
(C)(1) This section does not create a new cause of action 406
or substantive legal right against persons who donate perishable 407
food to an agency.
(2) This section does not affect any immunities from or 409
defenses to tort liability established by another section of the 410
Revised Code or available at common law to which persons who 411
donate perishable food other than to agencies may be entitled. 412
Sec. 3701.22. The department of health shall maintain a 421
chemical and bacteriological laboratory for the examination 422
FOLLOWING:
(A) EXAMINATION of public water supplies, and the effluent 425
of sewage purification works, for the diagnosis;
(B) DIAGNOSIS of diphtheria, typhoid fever, hydrophobia, 428
glanders, and such other diseases as it deems necessary, and for 429
the examination of food suspected to be the cause of disease. 430
The department shall examine and report to the director of
environmental protection and the public each year the condition 431
of all public water supplies; 432
(C) ANALYSIS OF PATIENT SPECIMENS AND FOOD SAMPLES 434
NECESSARY FOR INVESTIGATION OF FOODBORNE ILLNESSES. IN FOODBORNE 435
ILLNESS INVESTIGATIONS, THE LABORATORY SHALL COOPERATE AND 436
CONSULT WITH THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO 437
SECTION 3715.02 OF THE REVISED CODE.
Sec. 3701.83. (A) There is hereby created in the state 446
treasury the general operations fund. Moneys in the fund shall 447
be used for the purposes specified in sections 3701.04, 3701.344, 448
10
3701.88, 3702.20, 3710.15, 3711.021, 3717.45, 3721.02, 3722.04, 450
3732.04, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 452
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 453
of the Revised Code.
(B) The alcohol testing program fund is hereby created in 456
the state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program 457
authorized by section 3701.143 of the Revised Code. 458
The fund shall receive transfers from the liquor control 461
fund created under section 4301.12 of the Revised Code. All 462
investment earnings of the alcohol testing program fund shall be 463
credited to the fund.
Sec. 3707.33. The board of health of a city or general 472
health district may appoint, define the duties of, and fix the 473
compensation of the number of inspectors of shops, wagons, 474
appliances, and meat FOOD, and the number of other persons 476
necessary to carry out this chapter AND CHAPTER 3717. OF THE 477
REVISED CODE and, if applicable, to carry out any duties assumed 478
by the board under an agreement entered into under division (B) 479
of section 917.02 of the Revised Code. Inspectors for those 481
purposes may enter any house, vehicle, or yard. The board may 482
authorize the health commissioner to perform the duties of the 483
inspectors.
Sec. 3707.99. (A) Whoever violates section 3707.03 of the 492
Revised Code, unless good and sufficient reason therefor is 493
shown, is guilty of a minor misdemeanor. 494
(B) Whoever violates section 3707.38 of the Revised Code 496
is guilty of a minor misdemeanor. 498
(C) Whoever violates section 3707.48 of the Revised Code 500
is guilty of a minor misdemeanor on a first offense; on each 502
subsequent offense such person is guilty of a misdemeanor of the 503
fourth degree.
Sec. 3709.09. (A) The board of health of a city or 512
general health district may, by rule, establish a uniform system 513
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of fees to pay the costs of any services provided by the board. 514
Fees for services provided by the board for purposes specified in 515
sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04, 3733.25, 517
and 3749.04 of the Revised Code shall be established in 518
accordance with rules adopted under division (B) of this section. 519
The district advisory council, in the case of a general health 520
district, and the legislative authority of the city, in the case 521
of a city health district, may disapprove any fee established by 522
the board of health under this division, and any such fee, as 523
disapproved, shall not be charged by the board of health. 524
(B)(1) The public health council shall adopt rules under 527
section 111.15 of the Revised Code that establish fee categories 528
and uniform methodologies for use in calculating the costs of 529
services provided for purposes specified in sections 3701.344, 530
3711.05, 3730.03, 3732.04, 3733.04, 3733.25, and 3749.04 of the 531
Revised Code. In adopting the rules, the public health council 532
shall consider recommendations it receives from advisory boards 533
established either by statute or the director of health for 534
entities subject to the fees.
(2) As used in this division, "licensor" and "vending 536
machine location" have the same meanings as in section 3732.01 of 537
the Revised Code. 538
The public health council shall, under its rules, prohibit 540
licensors from increasing fees under section 3732.04 of the 542
Revised Code for vending machine locations by a percentage of 543
increase over the previous year's fee that exceeds the percentage 544
of increase in the consumer price index for all urban consumers 545
(United States city average, all items), prepared by the United 546
States department of labor, bureau of labor statistics, for the 547
immediately preceding calendar year. 548
(C) At least thirty days prior to establishing a fee for a 550
service provided by the board for a purpose specified in section 551
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the 552
Revised Code, a board of health shall notify any entity that 553
12
would be affected by the proposed fee of the amount of the 554
proposed fee. A board of health shall give notice in accordance 555
with section 3732.04 of the Revised Code of the hearing regarding 556
a proposed fee for a service provided for the purpose specified 558
in that section. 559
Sec. 3715.02. (A) The director of agriculture shall adopt 568
rules in accordance with Chapter 119. of the Revised Code that 570
establish, when otherwise not established by a law of this state, 572
definitions for a food or class of food and standards for the 573
following items as they pertain to the food or class of food: 574
(1) Quality, identity, purity, grade, and strength; 577
(2) Packaging and labeling; 579
(3) Food processing equipment; 581
(4) Processing procedures; 583
(5) Fill of containers. 585
The standards and definitions, where applicable, shall 587
conform to the standards for foods adopted by the United States 588
department of agriculture. The rules, where applicable, shall 590
conform to and be the same as AND THE UNITED STATES FOOD AND DRUG 591
ADMINISTRATION. PORTIONS OF TITLES 7, 9, AND 21 OF THE CODE OF 592
FEDERAL REGULATIONS OR the regulations adopted for the 594
enforcement of the "Federal Food, Drug, and Cosmetic Act," 52 595
Stat. 1040 (1938), 21 U.S.C.A. 301 et seq., as amended, MAY BE 596
ADOPTED AS RULES BY REFERENCING THE FEDERAL REGULATIONS, SUBJECT 597
TO THE APPROVAL OF THE JOINT COMMITTEE ON AGENCY RULE REVIEW. 598
(B) The director shall adopt rules in accordance with 601
Chapter 119. of the Revised Code that establish, when otherwise 605
not established by a law of this state, standards for food 606
establishment facilities and sanitation of food establishments. 607
As used in this division, "food establishment" means a 609
premises or part of a premises, other than a food service 610
operation as defined in section 3732.01 of the Revised Code, 613
where food is prepared, processed, stored, manufactured, 614
transported, or otherwise held or handled for sale or 615
13
distribution.
(C) In adopting rules that establish definitions and 618
standards of identity for a food or class of food in which only a 619
limited number of optional ingredients are permitted, the 620
director shall designate the optional ingredients that must be 621
listed on the label.
(B) THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH 624
CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH PROCEDURES FOR
THE PERFORMANCE OF SAMPLE ANALYSES OF FOOD, FOOD ADDITIVES, AND 625
FOOD PACKAGING MATERIALS. THE CIRCUMSTANCES UNDER WHICH A SAMPLE 626
ANALYSIS MAY BE REQUIRED INCLUDE THE FOLLOWING: 627
(1) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 629
IS THE SUBJECT OF A CONSUMER COMPLAINT; 630
(2) WHEN REQUESTED BY A CONSUMER AFTER A PHYSICIAN HAS 632
ISOLATED AN ORGANISM FROM THE CONSUMER AS THE PHYSICIAN'S 633
PATIENT;
(3) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 635
IS SUSPECTED OF HAVING CAUSED AN ILLNESS; 636
(4) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 638
IS SUSPECTED OF BEING ADULTERATED OR MISBRANDED; 639
(5) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL 641
IS SUBJECT TO VERIFICATION OF FOOD LABELING AND STANDARDS OF 642
IDENTITY;
(6) AT ANY OTHER TIME THE DIRECTOR CONSIDERS A SAMPLE 644
ANALYSIS NECESSARY.
(C) IN FOODBORNE ILLNESS INVESTIGATIONS, THE DIRECTOR OF 646
AGRICULTURE SHALL COOPERATE AND CONSULT WITH THE LABORATORY 647
MAINTAINED BY THE DEPARTMENT OF HEALTH UNDER SECTION 3701.22 OF 648
THE REVISED CODE.
(D) The director or the director's designee shall do all 651
of the following: 652
(1) Inspect drugs, food, or drink manufactured, stored, or 655
offered for sale in the THIS state; 656
(2) Prosecute or cause to be prosecuted each person 658
14
engaged in the unlawful manufacture or sale of an adulterated 660
drug or article of food or drink, in violation of law; 661
(3) Enforce all laws against fraud, adulteration, or 663
impurities in drugs, foods, or drinks and unlawful labeling 665
within the THIS state.
(E) The director may appoint or contract for one or more 668
qualified persons to enforce the provisions of this chapter. 669
Sec. 3715.021. (A) AS USED IN THIS SECTION, "WHOLESALE 671
FOOD ESTABLISHMENT" MEANS A PREMISES OR PART OF A PREMISES WHERE 672
FOOD IS PROCESSED, PACKAGED, MANUFACTURED, OR OTHERWISE HELD OR 673
HANDLED FOR SALE OR DISTRIBUTION AT WHOLESALE TO PERSONS OTHER 674
THAN THE ULTIMATE CONSUMERS. "WHOLESALE FOOD ESTABLISHMENT" 675
INCLUDES THE ACTIVITIES OF A BAKERY, CONFECTIONERY, CANNERY, 676
BOTTLER, WAREHOUSE, OR DISTRIBUTOR AND THE ACTIVITIES OF AN 677
ENTITY THAT RECEIVES OR SALVAGES DISTRESSED FOOD FOR SALE OR USE 678
AS FOOD.
(B) THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN 680
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH, 682
WHEN OTHERWISE NOT ESTABLISHED BY THE REVISED CODE, STANDARDS FOR 683
WHOLESALE FOOD ESTABLISHMENTS, INCLUDING THE FACILITIES OF 684
WHOLESALE FOOD ESTABLISHMENTS AND THEIR SANITATION. 685
A BUSINESS OR THAT PORTION OF A BUSINESS THAT IS REGULATED 687
BY THE DEPARTMENT OF AGRICULTURE UNDER CHAPTER 917. OR 918. OF 688
THE REVISED CODE IS NOT SUBJECT TO REGULATION UNDER THIS SECTION 690
AS A WHOLESALE FOOD ESTABLISHMENT.
Sec. 3715.52. (A) The following acts and causing them are 699
prohibited:
(1) The manufacture, sale, or delivery, holding or 701
offering for sale of any food, drug, device, or cosmetic that is 702
adulterated or misbranded; 703
(2) The adulteration or misbranding of any food, drug, 705
device, or cosmetic; 706
(3) The receipt in commerce of any food, drug, device, or 708
cosmetic that is adulterated or misbranded, and the delivery or 709
15
proffered delivery thereof for pay or otherwise; 710
(4) The sale, delivery for sale, holding for sale, or 712
offering for sale of any article in violation of section 3715.61 713
or 3715.65 of the Revised Code; 714
(5) The dissemination of any false advertisement; 716
(6) The refusal to permit entry or inspection, or to 718
permit the taking of a sample, as authorized by section 3715.70 719
of the Revised Code; 720
(7) The giving of a guaranty or undertaking that is false, 722
except by a person who relied on a guaranty or undertaking to the 724
same effect signed by, and containing the name and address of the 725
person residing in this state from whom the person received in 726
good faith the food, drug, device, or cosmetic; 728
(8) The removal or disposal of a detained or embargoed 730
article in violation of section 3715.55 OR 3715.551 of the 731
Revised Code; 732
(9) The alteration, mutilation, destruction, obliteration, 734
or removal of the whole or any part of the labeling of, or the 735
doing of any other act with respect to a food, drug, device, or 736
cosmetic, if the act is done while the article is held for sale 738
and results in the article being misbranded; 739
(10) Forging, counterfeiting, simulating, or falsely 741
representing, or without proper authority using any mark, stamp, 742
tag, label, or other identification device authorized or required 743
by rules adopted pursuant to sections 3715.52 to 3715.72 of the 746
Revised Code;
(11) The using, on the labeling of any drug or in any 748
advertisement relating to a drug, of any representation or 749
suggestion that any application with respect to the drug is 750
effective under section 3715.65 of the Revised Code or that the 752
drug complies with the provisions of that section; 753
(12) The using by any person to the person's own 755
advantage, or revealing, other than to the director of 756
agriculture or to the courts when relevant in any judicial 757
16
proceeding under sections 3715.52 to 3715.72 of the Revised Code, 758
any information acquired under authority of sections 3715.01 and 759
3715.52 to 3715.72 of the Revised Code, concerning any 760
information that as a trade secret is entitled to protection; 761
(13) The issuance by the manufacturer, packer, or 763
distributor of a dangerous drug of any advertisements, 764
catalogues, or price lists, except those lists specifically 765
designed for disseminating price change information, that do not 766
contain in clearly legible form the name and place of business of 767
the manufacturer who mixed the final ingredients and, if 768
different, the manufacturer who produced the drug in its finished 769
dosage form and, if different, the packer or distributor. 770
(B)(1) No person at a flea market shall sell, offer for 772
sale, or knowingly permit the sale of any of the following 773
products: 774
(a) Baby food, infant formula, or similar products; 777
(b) Any drug, cosmetic, or device; 779
(c) Any product on which is printed or stamped an 781
expiration date or a date recommended by the manufacturer as 782
either the last day on which the product should be offered for 783
sale or the last day on which the product should be used. 784
(2) Division (B)(1) of this section does not apply to a 787
person who keeps available for public inspection an 788
identification card identifying the person as an authorized 789
representative of the manufacturer or distributor of any drug, 790
cosmetic, or device, as long as the card is not false, 792
fraudulent, or fraudulently obtained.
(3) Division (B)(1)(c) of this section does not apply to a 795
person or governmental entity that is licensed as a RETAIL FOOD 796
ESTABLISHMENT OR food service operation under Chapter 3732 3717. 797
of the Revised Code or is listed in division (A)(B)(9) or (12) of 799
section 3732.01 3717.42 of the Revised Code. 800
(4) As used in division (B)(1) of this section, "flea 803
market" means any location, other than a permanent retail store,
17
at which space is rented or otherwise made available to others 804
for the conduct of business as transient or limited vendors as 805
defined in section 5739.17 of the Revised Code. 806
Sec. 3715.551. (A) AS USED IN THIS SECTION, "BOARD OF 808
HEALTH," "RETAIL FOOD ESTABLISHMENT," AND "FOOD SERVICE 809
OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 3717.01 OF THE 811
REVISED CODE.
(B) THE EMBARGOING OF A FOOD MAY BE PERFORMED BY A BOARD 815
OF HEALTH APPROVED UNDER SECTION 3717.11 OF THE REVISED CODE TO 816
SERVE AS THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS OR FOOD 818
SERVICE OPERATIONS, THE DIRECTOR OF HEALTH ACTING UNDER SECTION 819
3717.11 OF THE REVISED CODE AS THE LICENSOR OF FOOD SERVICE 820
OPERATIONS, OR A REPRESENTATIVE AUTHORIZED TO ACT ON BEHALF OF 821
THE BOARD OF HEALTH OR DIRECTOR OF HEALTH.
THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN ACCORDANCE 823
WITH CHAPTER 119. OF THE REVISED CODE SPECIFYING THE CONDITIONS 825
UNDER WHICH A FOOD MAY BE EMBARGOED UNDER THIS SECTION AND THE 826
PROCEDURES THAT MUST BE FOLLOWED WHEN THAT ACTION IS TAKEN. 828
Sec. 3715.99. (A) Whoever violates sections 3715.13 to 837
3715.19, or 3715.38 of the Revised Code is guilty of a minor 839
misdemeanor.
(B) Whoever violates section 3715.21 of the Revised Code 841
is guilty of a misdemeanor of the second degree on a first 843
offense and a misdemeanor of the first degree on each subsequent 844
offense.
(C) Whoever violates section 3715.22, 3715.25, 3715.27, or 847
3715.34 of the Revised Code is guilty of a misdemeanor of the 848
fourth degree.
(D)(C) Whoever violates section 3715.23 or 3715.36 of the 850
Revised Code is guilty of a misdemeanor of the second degree. 851
(E)(D) Whoever violates section 3715.52 or 3715.65 of the 853
Revised Code is guilty of a misdemeanor of the fourth degree on a 854
first offense; on each subsequent offense, the person is guilty 855
of a misdemeanor of the second degree. 856
18
(F)(E) Whoever violates section 3715.521 of the Revised 858
Code is guilty of a minor misdemeanor. A violation of that 860
section occurs on a daily basis, not according to the number of 861
times per day that an expired drug, baby food, or infant formula 862
is sold, offered for sale, or delivered at retail or to the 863
consumer. Each day of violation is a separate offense. 864
Sec. 3732.01 3717.01. As used in this chapter: 873
(A) "OHIO UNIFORM FOOD SAFETY CODE" MEANS THE FOOD SAFETY 875
AND RELATED STANDARDS ADOPTED UNDER SECTION 3717.05 OF THE 877
REVISED CODE.
(B) "FOOD" MEANS ANY RAW, COOKED, OR PROCESSED EDIBLE 879
SUBSTANCE USED OR INTENDED FOR USE IN WHOLE OR IN PART FOR HUMAN 880
CONSUMPTION. "FOOD" INCLUDES ICE, WATER OR ANY OTHER BEVERAGE, 882
FOOD INGREDIENTS, AND CHEWING GUM.
(C) "RETAIL FOOD ESTABLISHMENT" MEANS A PREMISES OR PART 884
OF A PREMISES WHERE FOOD, OVER-THE-COUNTER DRUGS, NUTRIENTS 885
DESIGNED FOR USE IN LIEU OF PHARMACEUTICALS, AND PRODUCTS 887
DESIGNED FOR USE AS DIETARY SUPPLEMENTS ARE STORED, PROCESSED, 888
PREPARED, MANUFACTURED, OR OTHERWISE HELD OR HANDLED FOR RETAIL 889
SALE. EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "RETAIL FOOD 890
ESTABLISHMENT" INCLUDES A SEASONAL RETAIL FOOD ESTABLISHMENT AND 891
TEMPORARY RETAIL FOOD ESTABLISHMENT.
AS USED IN THIS DIVISION: 893
(1) "RETAIL" MEANS THE SALE OF FOOD TO A PERSON WHO IS THE 896
ULTIMATE CONSUMER.
(2) "PREPARED" MEANS ANY ACTION THAT AFFECTS A FOOD, 898
INCLUDING RECEIVING AND MAINTAINING IT AT THE TEMPERATURE AT 900
WHICH IT WAS RECEIVED.
(D) "SEASONAL RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL 902
FOOD ESTABLISHMENT THAT IS OPERATED FOR NOT MORE THAN SIX MONTHS 903
IN A LICENSING PERIOD. 904
(E) "TEMPORARY RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL 906
FOOD ESTABLISHMENT THAT IS OPERATED AT AN EVENT FOR NOT MORE THAN 908
FIVE CONSECUTIVE DAYS, EXCEPT WHEN OPERATED FOR MORE THAN FIVE 909
19
CONSECUTIVE DAYS PURSUANT TO DIVISION (E)(2) OF SECTION 3717.23 910
OF THE REVISED CODE.
(F) "Food service operation" means a place, location, 912
site, or separate area where food intended to be served in 913
individual portions is prepared or served for a charge or 914
required donation, including mobile food service operations, 915
catering food service operations, temporary food service 916
operations, seasonal food service operations, vending machine 917
locations, and food delivery sales operations. As used in this 919
division, "served" means a response made to an order for one or 920
more individual portions of food in a form that is edible without 921
washing, cooking, or additional preparation and "prepared" means 922
any action that affects a food other than receiving or 923
maintaining it at the temperature at which it was received.
"Food service operation" does not include any of the 925
following:
(1) A private home in which individuals related by blood, 927
marriage, or law reside and in which the food that is prepared or 928
served is intended only for those individuals and their nonpaying 929
guests; 930
(2) A residential facility that accommodates not more than 932
sixteen residents; is licensed, certified, registered, or 933
otherwise regulated by the federal government or by the state or 934
a political subdivision of the state; and prepares food for or 935
serves food to only the residents of the facility, the staff of 936
the facility, and any nonpaying guests of residents or staff; 937
(3) Churches, schools, fraternal or veterans' 939
organizations, volunteer fire organizations, or volunteer 940
emergency medical service organizations preparing or serving food 941
intended for individual portion service on their premises for not 942
more than seven consecutive days or not more than fifty-two 944
separate days during a licensing period; 945
(4) Common carriers regulated by the federal government; 947
(5) Food manufacturing or food processing operations 949
20
regulated by the federal government or a state agency, as defined 950
in section 1.60 of the Revised Code, other than the department of 951
health; 952
(6) Operations other than mobile food service operations 954
serving only frozen desserts; beverages, nuts, popcorn, candy, or 955
similar confections; bakery products identified in section 911.01 956
of the Revised Code; or any combination of these items; 957
(7) Operations serving five or fewer individuals daily; 959
(8) Type A and type B family day-care homes, as defined in 961
section 5104.01 of the Revised Code; 962
(9) Vending machine locations where the only vending 964
machines are machines that dispense foods exclusively from one or 965
both of the following categories: 966
(a) Prepackaged foods that are not potentially hazardous 968
as defined in rules adopted by the public health council under 969
section 3732.02 of the Revised Code; 970
(b) Nuts, panned or wrapped bulk chewing gum, or panned or 972
wrapped bulk candies. 973
(10) Places servicing vending machines at vending machine 975
locations described in division (A)(9) of this section; 976
(11) Commissaries servicing vending machines dispensing 978
only milk, milk products, or frozen desserts that are under a 979
state or federal inspection and analysis program; 980
(12) Controlled location vending machine locations. As 982
used in this division, "controlled location vending machine 983
location" means a vending machine location at which all of the 984
following apply: 985
(a) The vending machines dispense only foods that are not 987
potentially hazardous as defined in rules adopted by the public 988
health council under section 3732.02 of the Revised Code; 989
(b) The machines are designed to be filled and maintained 991
in a sanitary manner by untrained persons; 992
(c) Minimal protection is necessary to ensure against 994
contamination of food and equipment. 995
21
(B) EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "FOOD 997
SERVICE OPERATION" INCLUDES A CATERING FOOD SERVICE OPERATION, 998
FOOD DELIVERY SALES OPERATION, MOBILE FOOD SERVICE OPERATION, 999
SEASONAL FOOD SERVICE OPERATION, TEMPORARY FOOD SERVICE 1,000
OPERATION, AND VENDING MACHINE LOCATION.
(G) "Catering food service operation" means a food service 1,002
operation where food is prepared for serving at a function or 1,003
event held at an off-premises site, for a charge determined on a 1,004
per-function or per-event basis. 1,005
(C) "Food" means any raw, cooked, or processed edible 1,007
substance, ice, water, beverage, or ingredient used or intended 1,008
for use in whole or in part for human consumption. 1,009
(D)(H) "Food delivery sales operation" means a food 1,011
service operation from which individual portions of food are 1,012
ordered by a customer, prepared at another food service 1,013
operation, and delivered to the customer by a person other than 1,014
an employee of the food service operation that prepared the food. 1,015
(E) "Frozen desserts" has the same meaning as in section 1,017
917.01 of the Revised Code. 1,018
(F) "Government entity" means the state, a political 1,020
subdivision of the state, another state, or a political 1,021
subdivision or other local body of another state. 1,022
(G) "Licensee" means the person or government entity 1,024
holding a license to operate a food service operation. 1,025
(H) "Licensing period" means the period beginning the 1,027
first day of March and ending the last day of February of the 1,028
next succeeding year. 1,029
(I) "Licensor" means either of the following: 1,031
(1) The board of health of a city or general health 1,033
district, or the authority having the duties of a board of health 1,034
under section 3709.05 of the Revised Code, approved by the 1,035
director of health under section 3732.09 of the Revised Code; 1,036
(2) The director of health acting pursuant to section 1,038
3732.09 of the Revised Code. 1,039
22
(J)(I) "Mobile food service operation" means a food 1,041
service operation that is operated from a movable vehicle, 1,042
portable structure, or watercraft; AND THAT routinely changes 1,043
location; and does not remain, EXCEPT THAT IF THE OPERATION 1,045
REMAINS at any one location for more than forty consecutive days, 1,046
THE OPERATION IS NO LONGER A MOBILE FOOD SERVICE OPERATION, BUT 1,047
IS EITHER A DIFFERENT TYPE FOOD SERVICE OPERATION OR A RETAIL 1,048
FOOD ESTABLISHMENT ACCORDING TO THE ACTIVITIES BEING ENGAGED IN 1,049
AND THE TYPE OF FOOD BEING OFFERED FOR SALE. "MOBILE FOOD
SERVICE OPERATION" INCLUDES AN OPERATION THAT DOES NOT REMAIN AT 1,050
ANY ONE LOCATION FOR MORE THAN FORTY CONSECUTIVE DAYS AND SERVES 1,051
ONLY FROZEN DESSERTS; BEVERAGES, NUTS, POPCORN, CANDY, OR SIMILAR 1,052
CONFECTIONS; BAKERY PRODUCTS IDENTIFIED IN SECTION 911.01 OF THE 1,053
REVISED CODE; OR ANY COMBINATION OF THOSE ITEMS.
(K)(J) "Seasonal food service operation" means a food 1,055
service operation, other than a mobile food service operation, 1,056
that is operated for not more than eight SIX months in each A 1,058
licensing period. 1,059
(L)(K) "Temporary food service operation" means a food 1,061
service operation that is operated at a single AN event for not 1,062
more than five consecutive days, except when operated for more 1,064
than five CONSECUTIVE days pursuant to division (E)(2) of section 1,065
3732.03 3717.43 of the Revised Code. 1,068
(M) "Vending machine" means a self-service device that, 1,070
upon insertion of currency, tokens, or similar means, 1,071
automatically dispenses a predetermined unit serving of food 1,072
either in bulk or in package and does not require replenishing 1,073
after each use. 1,074
(N)(L) "Vending machine location" means an area or room 1,076
where one or more vending machines are installed and operated, 1,077
except that if the machines within an area are separated by more 1,078
than one hundred fifty feet, each area separated by that distance 1,079
constitutes a separate vending machine location. AS USED IN THIS 1,080
DIVISION, "VENDING MACHINE" MEANS A SELF-SERVICE DEVICE THAT 1,081
23
AUTOMATICALLY DISPENSES ON THE INSERTION OF CURRENCY, TOKENS, OR 1,082
SIMILAR MEANS A PREDETERMINED UNIT SERVING OF FOOD, EITHER IN 1,083
BULK OR IN PACKAGE, WITHOUT HAVING TO BE REPLENISHED AFTER EACH 1,084
USE.
(M) "BOARD OF HEALTH" MEANS A BOARD OF HEALTH OF A CITY OR 1,086
GENERAL HEALTH DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF A 1,087
BOARD OF HEALTH UNDER SECTION 3709.05 OF THE REVISED CODE. 1,088
(N) "GOVERNMENT ENTITY" MEANS THIS STATE, A POLITICAL 1,090
SUBDIVISION OF THIS STATE, ANOTHER STATE, OR A POLITICAL 1,091
SUBDIVISION OR OTHER LOCAL GOVERNMENT BODY OF ANOTHER STATE. 1,092
(O) "LICENSOR" MEANS ONE OF THE FOLLOWING: 1,094
(1) A BOARD OF HEALTH APPROVED UNDER SECTION 3717.11 OF 1,096
THE REVISED CODE;
(2) THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO SECTION 1,098
3717.11 OF THE REVISED CODE WITH RESPECT TO THE LICENSING OF 1,099
RETAIL FOOD ESTABLISHMENTS;
(3) THE DIRECTOR OF HEALTH ACTING PURSUANT TO SECTION 1,101
3717.11 OF THE REVISED CODE WITH RESPECT TO THE LICENSING OF FOOD 1,102
SERVICE OPERATIONS.
(P) "LICENSING PERIOD" MEANS THE FIRST DAY OF MARCH TO THE 1,105
LAST DAY OF FEBRUARY OF THE NEXT SUCCEEDING YEAR.
Sec. 3717.02. (A) THERE IS HEREBY CREATED THE RETAIL FOOD 1,108
SAFETY ADVISORY COUNCIL. THE COUNCIL SHALL CONSIST OF THE
DIRECTOR OF AGRICULTURE OR A PERSON THE DIRECTOR DESIGNATES TO 1,109
SERVE ON THE DIRECTOR'S BEHALF, THE DIRECTOR OF HEALTH OR A 1,111
PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF,
AND TWELVE ADDITIONAL MEMBERS APPOINTED JOINTLY BY THE DIRECTOR 1,113
OF AGRICULTURE AND THE DIRECTOR OF HEALTH, AS FOLLOWS: 1,114
(1) THREE PERSONS REPRESENTING THE INTERESTS OF RETAIL 1,116
FOOD ESTABLISHMENTS; 1,117
(2) THREE PERSONS REPRESENTING THE INTERESTS OF FOOD 1,119
SERVICE OPERATIONS; 1,120
(3) FOUR PERSONS REPRESENTING BOARDS OF HEALTH OR THE 1,122
HEALTH DEPARTMENTS OPERATED BY BOARDS OF HEALTH; 1,123
24
(4) ONE PERSON REPRESENTING THE ACADEMIC COMMUNITY WHO IS 1,125
KNOWLEDGEABLE IN FOOD SCIENCE OR FOOD TECHNOLOGY; 1,126
(5) ONE PERSON REPRESENTING THE GENERAL PUBLIC WHO IS NOT 1,128
EMPLOYED BY THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS AND 1,129
HAS NO PECUNIARY INTEREST IN A RETAIL FOOD ESTABLISHMENT OR FOOD 1,130
SERVICE OPERATION. 1,131
(B) IN MAKING APPOINTMENTS TO THE COUNCIL, THE DIRECTOR OF 1,134
AGRICULTURE AND DIRECTOR OF HEALTH SHALL JOINTLY CONSULT WITH
STATEWIDE TRADE AND PROFESSIONAL ORGANIZATIONS THAT REPRESENT THE 1,136
INTERESTS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,137
OPERATIONS. THE ORGANIZATIONS MAY NOMINATE PERSONS TO BE 1,138
CONSIDERED FOR APPOINTMENT AS COUNCIL MEMBERS. 1,139
(C) OF THE INITIAL APPOINTMENTS MADE TO THE COUNCIL, FIVE 1,141
SHALL BE FOR TERMS ENDING THREE YEARS AFTER APPOINTMENT, FOUR 1,142
SHALL BE FOR TERMS ENDING TWO YEARS AFTER APPOINTMENT, AND THREE 1,143
SHALL BE FOR TERMS ENDING ONE YEAR AFTER APPOINTMENT. 1,144
THEREAFTER, TERMS OF OFFICE SHALL BE THREE YEARS. EACH MEMBER 1,145
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 1,146
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE 1,147
REAPPOINTED.
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR 1,149
ORIGINAL APPOINTMENTS. A MEMBER APPOINTED TO FILL A VACANCY 1,150
OCCURRING BEFORE THE EXPIRATION DATE OF THE TERM FOR WHICH THE 1,151
MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS A MEMBER 1,152
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN 1,153
OFFICE AFTER THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE 1,154
MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS 1,155
HAS ELAPSED, WHICHEVER OCCURS FIRST. 1,156
(D) A MEMBER MAY BE REMOVED FROM OFFICE FOR FAILING TO 1,158
ATTEND TWO CONSECUTIVE COUNCIL MEETINGS WITHOUT SHOWING GOOD 1,159
CAUSE FOR THE ABSENCES. REMOVAL FROM OFFICE REQUIRES JOINT 1,160
ACTION BY THE DIRECTOR OF AGRICULTURE AND DIRECTOR OF HEALTH. 1,161
(E) THE DIRECTOR OF AGRICULTURE OR THE PERSON THE DIRECTOR 1,163
DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF AND DIRECTOR OF 1,164
25
HEALTH OR THE PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE 1,165
DIRECTOR'S BEHALF SHALL SERVE AS THE COUNCIL'S CO-CHAIRPERSONS 1,166
WITHOUT VOTING RIGHTS. A TWO-THIRDS MAJORITY VOTE OF THE 1,167
COUNCIL'S VOTING MEMBERS IS NECESSARY FOR THE COUNCIL TO ACT ON 1,168
ANY MATTER.
(F) MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY 1,170
EXPENSES INCURRED IN PERFORMING DUTIES AS MEMBERS. THE EXPENSES 1,171
SHALL BE SHARED EQUALLY BY THE DEPARTMENT OF AGRICULTURE AND THE 1,172
DEPARTMENT OF HEALTH. BOTH DEPARTMENTS SHALL PROVIDE 1,173
ADMINISTRATIVE SUPPORT TO THE COUNCIL.
(G) THE RETAIL FOOD SAFETY ADVISORY COUNCIL IS NOT SUBJECT 1,175
TO SECTION 101.84 OF THE REVISED CODE. 1,176
Sec. 3717.03. (A) THE RETAIL FOOD SAFETY ADVISORY COUNCIL 1,178
SHALL MEET AS NECESSARY TO FULFILL ITS DUTIES, WHICH INCLUDE ALL 1,179
THE FOLLOWING: 1,180
(1) MAKING RECOMMENDATIONS FOR THE OHIO UNIFORM FOOD 1,182
SAFETY CODE;
(2) EXAMINING SPECIFIC FOOD SAFETY ISSUES RAISED BY THE 1,184
DIRECTOR OF AGRICULTURE OR DIRECTOR OF HEALTH AND MAKING 1,185
RECOMMENDATIONS REGARDING THOSE ISSUES; 1,186
(3) MEDIATING UNRESOLVED ISSUES AMONG STATE AGENCIES ABOUT 1,188
THE INTERPRETATION OF RULES ADOPTED UNDER THIS CHAPTER AND MAKING 1,190
RECOMMENDATIONS REGARDING THE ISSUES;
(4) MAKING RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE 1,192
AND DIRECTOR OF HEALTH WITH RESPECT TO IMPROVING THE FOOD SAFETY 1,193
AWARENESS OF CONSUMERS AND THEIR CONFIDENCE IN THE STATE'S FOOD 1,195
SUPPLY;
(5) MAKING RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE 1,197
AND DIRECTOR OF HEALTH REGARDING THE LICENSING CATEGORIES AND 1,198
INSPECTION FREQUENCIES TO BE USED IN REGULATING RETAIL FOOD 1,199
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS; 1,200
(6) MAKING RECOMMENDATIONS TO THE DIRECTOR OF HEALTH WITH 1,202
RESPECT TO THE PROGRAM FOR CERTIFICATION OF INDIVIDUALS IN FOOD 1,203
PROTECTION AND APPROVAL OF COURSES IN FOOD PROTECTION. 1,204
26
(B) THE COUNCIL SHALL HOLD A MEETING AT THE REQUEST OF THE 1,207
DIRECTOR OF AGRICULTURE, AT THE REQUEST OF THE DIRECTOR OF
HEALTH, OR ON WRITTEN REQUEST OF THREE OR MORE VOTING MEMBERS OF 1,209
THE COUNCIL.
Sec. 3717.04. THE DIRECTOR OF AGRICULTURE, THE PUBLIC 1,211
HEALTH COUNCIL, AND THE DIRECTOR OF HEALTH HAVE THE EXCLUSIVE 1,213
POWER IN THIS STATE TO ADOPT RULES REGARDING RETAIL FOOD 1,214
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS. THE RULES ADOPTED 1,215
UNDER THIS CHAPTER SHALL BE APPLIED UNIFORMLY THROUGHOUT THIS 1,216
STATE.
ALL RULES ADOPTED UNDER THIS CHAPTER SHALL BE ADOPTED IN 1,218
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. SUBJECT TO THE 1,220
APPROVAL OF THE JOINT COMMITTEE ON AGENCY RULE REVIEW, PORTIONS 1,221
OF THE RULES MAY BE ADOPTED BY REFERENCING ALL OR ANY PART OF ANY 1,222
FEDERAL REGULATIONS PERTAINING TO FOOD SAFETY.
Sec. 3717.05. (A) THE DIRECTOR OF AGRICULTURE AND THE 1,225
PUBLIC HEALTH COUNCIL SHALL ADOPT RULES ESTABLISHING STANDARDS 1,226
FOR SAFE FOOD HANDLING AND SANITATION IN RETAIL FOOD 1,227
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS. THE RULES SHALL BE 1,228
COMPILED AS THE OHIO UNIFORM FOOD SAFETY CODE, WHICH SHALL BE 1,230
USED BY THE LICENSORS OF RETAIL FOOD ESTABLISHMENTS AND FOOD
SERVICES OPERATIONS IN ENSURING THE SAFE HANDLING OF FOOD IN THIS 1,231
STATE. ALL SCIENTIFIC PROVISIONS OF THE OHIO UNIFORM FOOD SAFETY 1,233
CODE THAT ARE RELEVANT TO BOTH RETAIL FOOD ESTABLISHMENTS AND
FOOD SERVICE OPERATIONS SHALL BE ADOPTED BY THE DIRECTOR OF 1,234
AGRICULTURE AND THE PUBLIC HEALTH COUNCIL WITH EACH OTHER'S 1,235
CONCURRENCE.
THE OHIO UNIFORM FOOD SAFETY CODE SHALL INCLUDE THE 1,238
FOLLOWING:
(1) CRITERIA FOR SANITATION IN RETAIL FOOD ESTABLISHMENTS 1,240
AND FOOD SERVICE OPERATIONS; 1,241
(2) CRITERIA FOR EQUIPMENT IN RETAIL FOOD ESTABLISHMENTS 1,243
AND FOOD SERVICE OPERATIONS; 1,244
(3) CRITERIA FOR REVIEWING THE FACILITY LAYOUT AND 1,246
27
EQUIPMENT SPECIFICATIONS OF RETAIL FOOD ESTABLISHMENTS AND FOOD 1,248
SERVICE OPERATIONS;
(4) A DEFINITION OF "POTENTIALLY HAZARDOUS" AS IT PERTAINS 1,251
TO FOOD IN RETAIL FOOD ESTABLISHMENTS AND TO FOOD IN FOOD SERVICE 1,252
OPERATIONS;
(5) CRITERIA TO BE USED IN EVALUATING THE PRIMARY BUSINESS 1,255
OF A PERSON OR GOVERNMENT ENTITY FOR PURPOSES OF DETERMINING 1,256
WHETHER THE PERSON OR ENTITY SHOULD BE LICENSED AS A RETAIL FOOD 1,257
ESTABLISHMENT OR FOOD SERVICE OPERATION.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 1,260
SECTION, IF A MODEL FOOD CODE IS ESTABLISHED BY THE UNITED STATES 1,261
FOOD AND DRUG ADMINISTRATION, THE OHIO UNIFORM FOOD SAFETY CODE 1,263
SHALL BE BASED ON THE MOST CURRENT VERSION OF THE FOOD AND DRUG 1,265
ADMINISTRATION'S MODEL FOOD CODE. IF THE FOOD AND DRUG 1,266
ADMINISTRATION ADOPTS, MODIFIES, OR RESCINDS A PROVISION IN THE 1,267
MODEL FOOD CODE, NOT LATER THAN NINE MONTHS AFTER THE 1,268
ADMINISTRATION'S ACTION, THE DIRECTOR OF AGRICULTURE AND PUBLIC 1,269
HEALTH COUNCIL SHALL ADOPT, AMEND, OR RESCIND PROVISIONS IN THE 1,270
OHIO UNIFORM FOOD SAFETY CODE TO ENSURE THAT IT CONTINUES TO
CONFORM WITH THE MODEL FOOD CODE. 1,272
(2) THE OHIO UNIFORM FOOD SAFETY CODE MAY CONTAIN OR OMIT 1,274
PROVISIONS THAT DO NOT CORRESPOND TO THE FOOD AND DRUG 1,277
ADMINISTRATION'S MODEL FOOD CODE IF THE DIRECTOR OF AGRICULTURE 1,279
OR THE PUBLIC HEALTH COUNCIL, WITH EACH OTHER'S CONCURRENCE,
DETERMINES EITHER OF THE FOLLOWING: 1,281
(a) THAT RULES CAN BE ADOPTED UNDER THIS CHAPTER THAT 1,283
PROVIDE PROTECTION AT LEAST AS EFFECTIVE AS THAT WHICH WOULD BE 1,284
PROVIDED BY BASING THE RULES ON THE MODEL FOOD CODE; 1,286
(b) THAT LOCAL CONDITIONS WARRANT THE ADOPTION OF 1,288
STANDARDS THAT ARE DIFFERENT FROM THE MODEL FOOD CODE. 1,289
Sec. 3717.06. THE DIRECTOR OF AGRICULTURE SHALL CREATE 1,291
WITHIN THE DEPARTMENT OF AGRICULTURE A POSITION TO BE FILLED BY 1,292
AN INDIVIDUAL KNOWLEDGEABLE IN FOOD SAFETY AND THE EPIDEMIOLOGY 1,293
OF FOODBORNE ILLNESS. THE DIRECTOR OF HEALTH SHALL CREATE WITHIN 1,295
28
THE DEPARTMENT OF HEALTH A POSITION TO BE FILLED BY AN INDIVIDUAL
KNOWLEDGEABLE IN FOOD SAFETY RULES CONCERNING FOOD SERVICE 1,296
OPERATIONS AND THE EPIDEMIOLOGY OF FOODBORNE ILLNESS. THE 1,297
INDIVIDUALS APPOINTED TO THESE POSITIONS SHALL SERVE AS LIAISONS 1,298
BETWEEN THE DEPARTMENTS. THEY SHALL ALSO SERVE AS THE 1,300
DEPARTMENTS' LIAISONS WITH OTHER STATE AGENCIES, BOARDS OF 1,301
HEALTH, REPRESENTATIVES OF RETAIL AND OTHER FOOD ESTABLISHMENTS, 1,302
REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND THE FEDERAL 1,304
GOVERNMENT.
Sec. 3717.07. FOR PURPOSES OF ESTABLISHING A LICENSING FEE 1,306
UNDER SECTIONS 3717.25 AND 3717.45 OF THE REVISED CODE, THE 1,307
DIRECTOR OF AGRICULTURE AND THE PUBLIC HEALTH COUNCIL SHALL ADOPT 1,309
RULES ESTABLISHING UNIFORM METHODOLOGIES FOR USE IN CALCULATING 1,311
THE COSTS OF LICENSING RETAIL FOOD ESTABLISHMENTS IN THE
CATEGORIES SPECIFIED BY THE DIRECTOR AND THE COSTS OF LICENSING 1,313
FOOD SERVICE OPERATIONS IN THE CATEGORIES SPECIFIED BY THE 1,314
COUNCIL. IN ADOPTING THE RULES, THE DIRECTOR OF AGRICULTURE AND 1,315
THE PUBLIC HEALTH COUNCIL SHALL CONSIDER ANY RECOMMENDATIONS 1,316
RECEIVED FROM ADVISORY BOARDS OR OTHER ENTITIES REPRESENTING THE 1,317
INTERESTS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,318
OPERATIONS.
WITH REGARD TO ANY FEES CHARGED FOR LICENSING VENDING 1,320
MACHINE LOCATIONS, THE RULES SHALL PROHIBIT A LICENSOR FROM 1,321
INCREASING FEES BY A PERCENTAGE OF INCREASE OVER THE PREVIOUS 1,322
YEAR'S FEE THAT EXCEEDS THE PERCENTAGE OF INCREASE IN THE 1,323
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (UNITED STATES CITY 1,324
AVERAGE, ALL ITEMS), PREPARED BY THE UNITED STATES DEPARTMENT OF 1,325
LABOR, BUREAU OF LABOR STATISTICS, FOR THE IMMEDIATELY PRECEDING 1,327
CALENDAR YEAR.
Sec. 3717.08 (A) THE DIRECTOR OF AGRICULTURE AND DIRECTOR 1,329
OF HEALTH SHALL STRIVE TO INCREASE CONSUMER CONFIDENCE IN THE 1,330
STATE'S FOOD SUPPLY BY PROMOTING FOOD SAFETY AWARENESS AND 1,332
EDUCATION. THE EFFORTS OF THE DIRECTOR OF AGRICULTURE AND 1,333
DIRECTOR OF HEALTH SHALL BE MADE, WHEN APPROPRIATE AND AVAILABLE, 1,334
29
THROUGH PARTNERSHIPS WITH REPRESENTATIVES OF RETAIL FOOD 1,335
ESTABLISHMENTS, REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND 1,336
REPRESENTATIVES OF THE ACADEMIC COMMUNITY, INCLUDING THE OHIO 1,337
STATE UNIVERSITY EXTENSION SERVICE. 1,338
(B) AS PART OF THEIR PROMOTION OF FOOD SAFETY AWARENESS, 1,340
THE DIRECTOR OF AGRICULTURE AND THE DIRECTOR OF HEALTH SHALL DO 1,341
THE FOLLOWING:
(1) DEVELOP TRAINING PROGRAMS REGARDING THE OHIO UNIFORM 1,343
FOOD SAFETY CODE. THE DIRECTORS MAY OFFER THE TRAINING PROGRAMS 1,345
SEPARATELY BUT SHALL COORDINATE THE CONTENT OF THE PROGRAMS TO 1,347
THE GREATEST EXTENT PRACTICABLE. THE TRAINING PROGRAMS SHALL BE 1,348
MADE AVAILABLE TO THE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE, 1,349
EMPLOYEES OF THE DEPARTMENT OF HEALTH, REPRESENTATIVES OF BOARDS 1,350
OF HEALTH AND THE HEALTH OFFICIALS EMPLOYED BY THE BOARDS, 1,351
REPRESENTATIVES OF RETAIL FOOD ESTABLISHMENTS, AND 1,352
REPRESENTATIVES OF FOOD SERVICE OPERATIONS. 1,353
(2) CO-SPONSOR A BIENNIAL STATEWIDE FOOD SAFETY 1,355
CONFERENCE. ADDITIONAL STATEWIDE FOOD SAFETY CONFERENCES MAY BE 1,356
HELD AS CONSIDERED APPROPRIATE BY THE DIRECTOR OF AGRICULTURE AND 1,357
DIRECTOR OF HEALTH. 1,358
Sec. 3732.14 3717.09. In accordance with rules adopted by 1,367
the public health council under section 3732.02 3717.51 of the 1,369
Revised Code, the director of health shall approve courses of 1,371
study for certification in food protection AS IT PERTAINS TO 1,372
RETAIL FOOD ESTABLISHMENTS AND AS IT PERTAINS TO FOOD SERVICE 1,373
OPERATIONS. The director shall certify individuals in food 1,376
protection who successfully complete a course of study approved 1,377
under this section and meet all other certification requirements 1,378
specified in rules adopted by the public health council under 1,379
section 3732.02 3717.51 of the Revised Code. 1,380
Sec. 3732.09 3717.11. (A) The director of health shall 1,389
survey the EACH board of health of each city or general health 1,391
district, or the authority having the duties of a board of health 1,392
under section 3709.05 of the Revised Code, that licenses or 1,393
30
proposes to license food service operations SHALL BE SURVEYED for 1,394
the purpose of determining whether the board or authority is 1,396
qualified AND HAS THE CAPACITY to administer and enforce this 1,399
chapter and the rules adopted under it AND TO ABIDE BY THE OHIO 1,400
UNIFORM FOOD SAFETY CODE. Each IF THE BOARD LICENSES OR PROPOSES 1,401
TO LICENSE RETAIL FOOD ESTABLISHMENTS, THE SURVEY SHALL BE 1,402
CONDUCTED BY THE DIRECTOR OF AGRICULTURE. IF THE BOARD LICENSES 1,403
OR PROPOSES TO LICENSE FOOD SERVICE OPERATIONS, THE SURVEY SHALL 1,404
BE CONDUCTED BY THE DIRECTOR OF HEALTH. 1,405
EACH board or authority shall be surveyed BY EACH DIRECTOR 1,408
at least once every three years. Surveys shall be conducted in 1,411
accordance with rules adopted by the director under section 1,413
3732.13 SECTIONS 3717.33 AND 3717.52 of the Revised Code, AS 1,415
APPLICABLE. THE DIRECTORS SHALL SCHEDULE AND CONDUCT THEIR 1,416
SURVEYS IN A MANNER THAT MINIMIZES, TO THE EXTENT PRACTICABLE, 1,417
INTRUSION ON AND INCONVENIENCE TO THE BOARD.
If the director determines A SURVEY DEMONSTRATES that the 1,419
board or authority is qualified AND HAS THE REQUISITE CAPACITY, 1,422
the director CONDUCTING THE SURVEY shall approve it THE BOARD as 1,423
the licensor OF RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE 1,425
OPERATIONS, WHICHEVER IS BEING CONSIDERED, for the district it 1,428
THE BOARD serves. If the director determines A SURVEY 1,429
DEMONSTRATES that a board or authority is not qualified OR DOES 1,430
NOT HAVE THE REQUISITE CAPACITY, the director CONDUCTING THE 1,432
SURVEY shall not approve it THE BOARD as a licensor, or shall 1,434
revoke the DIRECTOR'S approval, whichever is appropriate. If the 1,436
THE BOARD MAY APPEAL THE DECISION TO DENY OR REVOKE APPROVAL TO 1,437
THE DIRECTOR TAKING THE ACTION. THE APPEAL SHALL BE CONDUCTED IN 1,438
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3717.33 OR 3717.52 OF
THE REVISED CODE, AS APPLICABLE. 1,439
IF approval is not granted DENIED or is revoked, the 1,443
director TAKING THE ACTION SHALL DESIGNATE AN ALTERNATIVE 1,445
LICENSOR FOR THE DISTRICT. THE ALTERNATIVE LICENSOR SHALL BE A 1,446
BOARD OF HEALTH THAT IS QUALIFIED AND HAS THE REQUISITE CAPACITY 1,448
31
TO SERVE AS ALTERNATIVE LICENSOR, EXCEPT THAT IF A QUALIFIED AND 1,449
CAPABLE BOARD IS NOT AVAILABLE FROM A HEALTH DISTRICT WITHIN 1,450
REASONABLE PROXIMITY, THE DIRECTOR THAT DENIED OR REVOKED THE 1,451
BOARD'S APPROVAL shall act as the ALTERNATIVE licensor for the 1,452
district or designate an alternative licensor to act as the 1,453
licensor for the district.
(B) When the director revokes the approval of a board or 1,455
authority IS REVOKED, all valid food service operation licenses 1,457
issued by that board or authority FOR RETAIL FOOD ESTABLISHMENTS 1,459
OR FOOD SERVICE OPERATIONS, WHICHEVER HAVE BEEN AFFECTED, shall 1,461
be treated as though issued by the director or the alternative 1,462
licensor, whichever is acting as the licensor for the district, 1,463
and. THE LICENSES shall remain valid until scheduled to expire 1,465
unless earlier suspended or revoked by the director or
alternative licensor under section 3732.11 of the Revised Code. 1,466
(C) All fees charged under section 3732.04 3717.25 OR 1,468
3717.45 of the Revised Code that have not been expended by a 1,470
board or authority that has had its approval revoked shall be 1,471
transferred to the alternative licensor or to the director, 1,472
whichever is appropriate. An A BOARD OF HEALTH ACTING AS 1,474
alternative licensor shall deposit the fees into a special fund 1,475
it establishes for receipt of funds pertaining to the district 1,476
for which it is acting as licensor. IF THE DIRECTOR OF 1,478
AGRICULTURE IS ACTING AS LICENSOR, THE DIRECTOR SHALL DEPOSIT THE 1,479
FEES IN THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE 1,480
REVISED CODE. If the director OF HEALTH is acting as licensor, 1,483
the DIRECTOR SHALL DEPOSIT THE fees shall be deposited in the 1,484
general operations fund created in section 3701.82 3701.83 of the 1,485
Revised Code. All fees charged in the district by the 1,487
alternative licensor or director shall be deposited in the same 1,488
manner. Moneys deposited under this division shall be used 1,489
solely for the administration and enforcement of this chapter and 1,490
the rules adopted under it in the district for which the 1,491
alternative licensor or the director is acting as licensor. 1,493
32
(D)(1) A board or authority that has had its approval TO 1,495
ACT AS A LICENSOR revoked may submit a request to the director 1,497
WHO REVOKED THE APPROVAL to be reinstated as a licensor. The 1,499
request shall be in writing and shall specify the corrective 1,500
measures the board or authority has taken and a proposed plan of 1,501
action to remedy any remaining causes of the revocation. The 1,502
director may reinstate the board or authority as a licensor if 1,503
all of the following occur:
(a) The board or authority pays or arranges to pay the 1,505
alternative licensor or director, as applicable, for costs 1,506
incurred in acting as licensor for the district and in 1,507
transferring responsibility for the district to the board or 1,508
authority, if those costs exceed the moneys available under 1,509
division (C) of this section for the district; 1,510
(b) The board or authority corrects all causes of the 1,512
revocation; 1,513
(c) The alternative licensor or director, as applicable, 1,515
consents to the reinstatement. 1,516
(2) The reinstatement of a board or authority as a 1,518
licensor shall be conducted in accordance with procedures 1,519
established in rules adopted UNDER THIS CHAPTER by the director 1,520
under section 3732.13 of the Revised Code WHO REVOKED THE 1,523
APPROVAL.
Sec. 3732.06 3717.12. If all or part of the territory 1,532
within a health district becomes subject to the jurisdiction of a 1,534
different board of health of a city or general health district or 1,535
authority having the duties of a board of health under section 1,536
3709.05 of the Revised Code, all valid RETAIL FOOD ESTABLISHMENT 1,537
OR food service operation licenses issued by the original board 1,539
or authority OF HEALTH shall be treated as though issued by the 1,541
board or authority OF HEALTH with jurisdiction over the territory 1,543
and shall remain valid until scheduled to expire unless earlier 1,544
suspended or revoked by the board or authority under section 1,545
3732.11 of the Revised Code THIS CHAPTER. 1,547
33
Sec. 3732.10 3717.13. A licensor may employ or enter into 1,556
contracts with qualified persons and government entities to 1,557
conduct inspections and to assist the licensor by performing 1,558
routine services in the administration and enforcement of this 1,559
chapter and the rules adopted under it. 1,560
Sec. 3717.21. EXCEPT AS PROVIDED IN SECTION 3717.22 OF THE 1,562
REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL OPERATE A 1,564
RETAIL FOOD ESTABLISHMENT WITHOUT A LICENSE. A SEPARATE LICENSE 1,565
IS REQUIRED FOR EACH RETAIL FOOD ESTABLISHMENT THAT A PERSON OR 1,566
GOVERNMENT ENTITY OPERATES.
NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH 1,568
ANY OTHER REQUIREMENT OF THIS CHAPTER APPLICABLE TO RETAIL FOOD 1,570
ESTABLISHMENTS.
Sec. 3717.22. (A) THE FOLLOWING ARE NOT RETAIL FOOD 1,572
ESTABLISHMENTS: 1,573
(1) A FOOD SERVICE OPERATION LICENSED UNDER THIS CHAPTER, 1,576
INCLUDING A FOOD SERVICE OPERATION THAT PROVIDES THE SERVICES OF 1,577
A RETAIL FOOD ESTABLISHMENT PURSUANT TO AN ENDORSEMENT ISSUED 1,578
UNDER SECTION 3717.44 OF THE REVISED CODE; 1,579
(2) AN ENTITY EXEMPT UNDER DIVISIONS (B)(1) TO (9), (11), 1,580
OR (12) OF SECTION 3717.42 OF THE REVISED CODE FROM THE 1,581
REQUIREMENT TO BE LICENSED AS A FOOD SERVICE OPERATION AND AN 1,582
ENTITY EXEMPT UNDER DIVISION (B)(10) OF THAT SECTION IF THE 1,583
ENTITY IS REGULATED BY THE DEPARTMENT OF AGRICULTURE AS A 1,584
WHOLESALE FOOD ESTABLISHMENT UNDER SECTION 3715.021 OF THE 1,585
REVISED CODE;
(3) A BUSINESS OR THAT PORTION OF A BUSINESS THAT IS 1,587
REGULATED BY THE FEDERAL GOVERNMENT OR THE DEPARTMENT OF 1,588
AGRICULTURE AS A FOOD MANUFACTURING OR FOOD PROCESSING OPERATION, 1,589
INCLUDING AN OPERATION OR THAT PORTION OF AN OPERATION REGULATED 1,590
BY THE DEPARTMENT OF AGRICULTURE UNDER CHAPTER 911., 913., 915., 1,592
917., 918., OR 925. OF THE REVISED CODE.
(B) ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT 1,594
TO BE LICENSED AS A RETAIL FOOD ESTABLISHMENT: 1,595
34
(1) AN OPERATION WITH COMMERCIALLY PREPACKAGED FOODS THAT 1,598
ARE NOT POTENTIALLY HAZARDOUS AND CONTAINED IN DISPLAYS OF LESS 1,599
THAN TEN CUBIC FEET;
(2) A STORAGE FACILITY OF LESS THAN FIVE HUNDRED SQUARE 1,602
FEET CONTAINING PREPACKAGED FOODS THAT ARE NOT POTENTIALLY 1,603
HAZARDOUS;
(3) A ROADSIDE MARKET THAT OFFERS ONLY FRESH FRUITS AND 1,606
FRESH VEGETABLES THAT ARE UNPROCESSED;
(4) A NONPROFIT ORGANIZATION EXEMPT FROM FEDERAL INCOME 1,608
TAXATION UNDER SECTION 501(c)(3) OF THE "INTERNAL REVENUE CODE OF 1,610
1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, THAT RAISES 1,611
FUNDS BY SELLING DISPLAYED FOODS, IF THE FOODS ARE NOT 1,612
POTENTIALLY HAZARDOUS AND THE DISPLAY IS MADE FOR NOT MORE THAN 1,613
SEVEN CONSECUTIVE DAYS OR MORE THAN FIFTY-TWO SEPARATE DAYS 1,614
DURING A LICENSING PERIOD.
Sec. 3717.23. (A) EACH PERSON OR GOVERNMENT ENTITY 1,617
SEEKING A RETAIL FOOD ESTABLISHMENT LICENSE OR THE RENEWAL OF A 1,618
LICENSE SHALL APPLY TO THE APPROPRIATE LICENSOR ON A FORM 1,619
PROVIDED BY THE LICENSOR. A LICENSOR SHALL USE A FORM PRESCRIBED 1,620
AND FURNISHED TO THE LICENSOR BY THE DIRECTOR OF AGRICULTURE OR A 1,621
FORM PRESCRIBED BY THE LICENSOR THAT HAS BEEN APPROVED BY THE 1,622
DIRECTOR. THE APPLICANT SHALL INCLUDE WITH THE APPLICATION ALL 1,623
INFORMATION NECESSARY FOR THE LICENSOR TO PROCESS THE 1,624
APPLICATION, AS REQUESTED BY THE LICENSOR. 1,625
AN APPLICATION FOR A RETAIL FOOD ESTABLISHMENT LICENSE 1,627
SHALL BE SUBMITTED TO THE LICENSOR FOR THE HEALTH DISTRICT IN 1,629
WHICH THE RETAIL FOOD ESTABLISHMENT IS LOCATED. 1,630
(B) THE LICENSOR SHALL REVIEW ALL APPLICATIONS RECEIVED. 1,633
THE LICENSOR SHALL ISSUE A LICENSE FOR A NEW RETAIL FOOD 1,634
ESTABLISHMENT WHEN THE APPLICANT SUBMITS A COMPLETE APPLICATION 1,635
AND THE LICENSOR DETERMINES THAT THE APPLICANT MEETS ALL OTHER 1,636
REQUIREMENTS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT FOR 1,638
RECEIVING THE LICENSE. THE LICENSOR SHALL ISSUE A RENEWED
LICENSE ON RECEIPT OF A COMPLETE RENEWAL APPLICATION. 1,640
35
THE LICENSOR SHALL ISSUE LICENSES FOR RETAIL FOOD 1,642
ESTABLISHMENTS ON FORMS PRESCRIBED AND FURNISHED BY THE DIRECTOR 1,643
OF AGRICULTURE.
(C)(1) A RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES AT THE 1,645
END OF THE LICENSING PERIOD FOR WHICH THE LICENSE IS ISSUED, 1,647
EXCEPT AS FOLLOWS:
(a) A LICENSE ISSUED TO A NEW RETAIL FOOD ESTABLISHMENT 1,650
AFTER THE FIRST DAY OF DECEMBER DOES NOT EXPIRE UNTIL THE END OF 1,651
THE LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE. 1,652
(b) A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES 1,654
AT THE END OF THE PERIOD FOR WHICH IT IS ISSUED. 1,655
(2) ALL RETAIL FOOD ESTABLISHMENT LICENSES REMAIN VALID 1,658
UNTIL SCHEDULED TO EXPIRE UNLESS EARLIER SUSPENDED OR REVOKED 1,660
UNDER SECTION 3717.29 OR 3717.30 OF THE REVISED CODE. 1,661
(D) A RETAIL FOOD ESTABLISHMENT LICENSE MAY BE RENEWED, 1,663
EXCEPT THAT A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE IS NOT 1,664
RENEWABLE. A PERSON OR GOVERNMENT ENTITY SEEKING LICENSE RENEWAL 1,665
SHALL SUBMIT AN APPLICATION FOR RENEWAL TO THE LICENSOR NOT LATER 1,666
THAN THE FIRST DAY OF MARCH, EXCEPT IN THE CASE OF A SEASONAL 1,667
RETAIL FOOD ESTABLISHMENT, WHEN THE RENEWAL APPLICATION SHALL BE 1,668
SUBMITTED BEFORE COMMENCING OPERATION IN A NEW LICENSING PERIOD. 1,669
A LICENSOR MAY RENEW A LICENSE PRIOR TO THE FIRST DAY OF MARCH, 1,671
BUT NOT BEFORE THE FIRST DAY OF FEBRUARY IMMEDIATELY PRECEDING 1,673
THE LICENSING PERIOD FOR WHICH THE LICENSE IS BEING RENEWED. 1,674
IF A PERSON OR GOVERNMENT ENTITY DOES NOT FILE A RENEWAL 1,676
APPLICATION WITH THE LICENSOR POSTMARKED ON OR BEFORE THE FIRST 1,677
DAY OF MARCH OR, IN THE CASE OF A SEASONAL RETAIL FOOD 1,678
ESTABLISHMENT, THE FIRST DAY OF OPERATION IN A NEW LICENSING 1,679
PERIOD, THE LICENSOR SHALL ASSESS A PENALTY OF TWENTY-FIVE PER 1,680
CENT OF THE FEE CHARGED FOR RENEWING THE LICENSE, IF THE LICENSOR 1,681
CHARGES RENEWAL FEES. IF AN APPLICANT IS SUBJECT TO A PENALTY, 1,683
THE LICENSOR SHALL NOT RENEW THE LICENSE UNTIL THE APPLICANT PAYS 1,684
THE PENALTY.
(E)(1) A LICENSOR MAY ISSUE NOT MORE THAN TEN TEMPORARY 1,687
36
RETAIL FOOD ESTABLISHMENT LICENSES PER LICENSING PERIOD TO THE 1,688
SAME PERSON OR GOVERNMENT ENTITY TO OPERATE AT DIFFERENT EVENTS 1,689
WITHIN THE LICENSOR'S JURISDICTION. FOR EACH PARTICULAR EVENT, A 1,691
LICENSOR MAY ISSUE ONLY ONE TEMPORARY RETAIL FOOD ESTABLISHMENT 1,692
LICENSE TO THE SAME PERSON OR GOVERNMENT ENTITY. 1,693
(2) A LICENSOR MAY ISSUE A TEMPORARY RETAIL FOOD 1,694
ESTABLISHMENT LICENSE TO OPERATE FOR MORE THAN FIVE CONSECUTIVE 1,695
DAYS IF BOTH OF THE FOLLOWING APPLY: 1,696
(a) THE ESTABLISHMENT WILL BE OPERATED AT AN EVENT 1,697
ORGANIZED BY A COUNTY AGRICULTURAL SOCIETY OR INDEPENDENT 1,699
AGRICULTURAL SOCIETY ORGANIZED UNDER CHAPTER 1711. OF THE REVISED 1,700
CODE.
(b) THE PERSON WHO WILL RECEIVE THE LICENSE IS A RESIDENT 1,701
OF THE COUNTY OR ONE OF THE COUNTIES FOR WHICH THE AGRICULTURAL 1,703
SOCIETY WAS ORGANIZED. 1,704
(3) A PERSON MAY BE GRANTED ONLY ONE TEMPORARY RETAIL FOOD 1,705
ESTABLISHMENT LICENSE PER LICENSING PERIOD PURSUANT TO DIVISION 1,707
(E)(2) OF THIS SECTION.
(F) THE LICENSOR MAY PLACE RESTRICTIONS OR CONDITIONS ON A 1,709
RETAIL FOOD ESTABLISHMENT LICENSE, BASED ON THE EQUIPMENT OR 1,710
FACILITIES OF THE ESTABLISHMENT, LIMITING THE TYPES OF FOOD THAT 1,711
MAY BE STORED, PROCESSED, PREPARED, MANUFACTURED, OR OTHERWISE 1,712
HELD OR HANDLED FOR RETAIL SALE.
(G) THE PERSON OR GOVERNMENT ENTITY HOLDING A LICENSE FOR 1,714
A RETAIL FOOD ESTABLISHMENT SHALL DISPLAY THE LICENSE FOR THAT 1,716
RETAIL FOOD ESTABLISHMENT AT ALL TIMES AT THE LICENSED LOCATION. 1,717
(H) WITH THE ASSISTANCE OF THE DEPARTMENT OF AGRICULTURE, 1,720
THE LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE
PROCESS FOR LICENSING RETAIL FOOD ESTABLISHMENTS. 1,721
Sec. 3717.24. (A) THE PERSON OR GOVERNMENT ENTITY HOLDING 1,724
A LICENSE FOR A RETAIL FOOD ESTABLISHMENT MAY PROVIDE THE
SERVICES OF A FOOD SERVICE OPERATION WITHIN THE RETAIL FOOD 1,725
ESTABLISHMENT WITHOUT OBTAINING A FOOD SERVICE OPERATION LICENSE 1,726
IF THE PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF RETAIL 1,727
37
FOOD ESTABLISHMENTS AN ENDORSEMENT TO PROVIDE THE SERVICES OF A 1,728
FOOD SERVICE OPERATION.
(B) WHEN THE ACTIVITIES OF A RETAIL FOOD ESTABLISHMENT AND 1,731
A FOOD SERVICE OPERATION ARE CARRIED ON WITHIN THE SAME FACILITY 1,732
BY THE SAME PERSON OR GOVERNMENT ENTITY, THE DETERMINATION OF 1,733
WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A RETAIL FOOD 1,734
ESTABLISHMENT OR FOOD SERVICE OPERATION SHALL BE MADE ACCORDING
TO THE PRIMARY BUSINESS OF THE PERSON OR ENTITY. IF THE PRIMARY 1,736
BUSINESS IS THAT OF A RETAIL FOOD ESTABLISHMENT, THE PERSON OR 1,737
ENTITY SHALL BE LICENSED AS A RETAIL FOOD ESTABLISHMENT OPERATION 1,738
WITH AN ENDORSEMENT FROM THE LICENSOR ISSUED UNDER THIS SECTION 1,739
TO PROVIDE THE SERVICES OF A FOOD SERVICE OPERATION. IF THE 1,740
PRIMARY BUSINESS IS THAT OF A FOOD SERVICE OPERATION, THE PERSON 1,741
OR ENTITY SHALL BE LICENSED AS A FOOD SERVICE OPERATION AND IS 1,742
SUBJECT TO THE ENDORSEMENT PROVISIONS OF SECTION 3717.44 OF THE 1,743
REVISED CODE.
THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE 1,746
OPERATIONS FOR THE AREA IN WHICH A FACILITY IS LOCATED SHALL MAKE 1,747
THE DETERMINATION OF WHETHER THE PRIMARY BUSINESS CARRIED ON 1,748
WITHIN A FACILITY IS THAT OF A RETAIL FOOD ESTABLISHMENT OR FOOD 1,749
SERVICE OPERATION. IF THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS 1,750
FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF FOOD SERVICE
OPERATIONS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH 1,751
LICENSORS. EACH DETERMINATION SHALL BE MADE ACCORDING TO 1,753
CRITERIA SPECIFIED IN THE OHIO UNIFORM FOOD SAFETY CODE.
(C) A REQUEST TO HAVE A RETAIL FOOD ESTABLISHMENT LICENSE 1,756
INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN APPLICATION FOR 1,757
ISSUANCE OR RENEWAL OF A RETAIL FOOD ESTABLISHMENT OR MAY BE 1,758
SUBMITTED SEPARATELY. PROCEDURES FOR MAKING SEPARATE REQUESTS 1,759
SHALL BE THE SAME AS THE LICENSE APPLICATION PROCEDURES 1,760
ESTABLISHED UNDER SECTION 3717.23 OF THE REVISED CODE. 1,761
AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME 1,763
MANNER AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION 1,764
3717.29 OR 3717.30 OF THE REVISED CODE. THE SUSPENSION OR 1,765
38
REVOCATION OF AN ENDORSEMENT DOES NOT AFFECT THE RETAIL FOOD 1,766
ESTABLISHMENT LICENSE THAT INCLUDES THE ENDORSEMENT. IF THE 1,767
RETAIL FOOD ESTABLISHMENT LICENSE IS SUSPENDED OR REVOKED, THE 1,768
ENDORSEMENT INCLUDED ON THE LICENSE IS ALSO SUSPENDED OR REVOKED. 1,770
(D) IF A FOOD SERVICE OPERATION IS OPERATED WITHIN A 1,773
RETAIL FOOD ESTABLISHMENT BY A PERSON OR GOVERNMENT ENTITY OTHER 1,774
THAN THE PERSON OR ENTITY HOLDING THE LICENSE TO OPERATE THE 1,775
RETAIL FOOD ESTABLISHMENT, THE FOOD SERVICE OPERATION MAY NOT BE 1,776
OPERATED UNDER AN ENDORSEMENT ISSUED UNDER THIS SECTION. THE
OPERATION SHALL BE LICENSED AS A SEPARATE FOOD SERVICE OPERATION. 1,778
Sec. 3717.25. (A) A LICENSOR MAY CHARGE FEES FOR ISSUING 1,781
AND RENEWING RETAIL FOOD ESTABLISHMENT LICENSES. ANY LICENSING 1,782
FEE CHARGED SHALL BE USED SOLELY FOR THE ADMINISTRATION AND 1,783
ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER AND THE RULES 1,786
ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.
ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL BE BASED 1,788
ON THE LICENSOR'S COSTS OF REGULATING RETAIL FOOD ESTABLISHMENTS, 1,789
AS DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES ESTABLISHED 1,790
UNDER SECTION 3717.07 OF THE REVISED CODE. IF THE LICENSOR IS A 1,791
BOARD OF HEALTH, A FEE MAY BE DISAPPROVED BY THE DISTRICT 1,793
ADVISORY COUNCIL IN THE CASE OF A GENERAL HEALTH DISTRICT OR THE 1,794
LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF A CITY HEALTH 1,795
DISTRICT. A DISAPPROVED FEE SHALL NOT BE CHARGED BY THE BOARD OF 1,796
HEALTH. 1,797
AT LEAST THIRTY DAYS PRIOR TO ESTABLISHING A LICENSING FEE, 1,800
THE LICENSOR SHALL HOLD A PUBLIC HEARING REGARDING THE PROPOSED 1,801
FEE. AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARING, THE 1,802
LICENSOR SHALL GIVE WRITTEN NOTICE OF THE HEARING TO EACH PERSON 1,803
OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD ESTABLISHMENT LICENSE 1,804
THAT MAY BE AFFECTED BY THE PROPOSED FEE. THE NOTICE SHALL BE 1,805
MAILED TO THE LAST KNOWN ADDRESS OF THE LICENSEE AND SHALL 1,806
SPECIFY THE DATE, TIME, AND PLACE OF THE HEARING AND THE AMOUNT 1,807
OF THE PROPOSED FEE. ON REQUEST, THE LICENSOR SHALL PROVIDE THE 1,808
COMPLETED UNIFORM METHODOLOGY USED IN THE CALCULATION OF THE 1,809
39
LICENSOR'S COSTS AND THE PROPOSED FEE. 1,810
(B) IN ADDITION TO LICENSING FEES, A LICENSOR MAY CHARGE 1,813
FEES FOR ANY OF THE FOLLOWING: 1,814
(1) REVIEW OF FACILITY LAYOUT AND EQUIPMENT SPECIFICATIONS 1,815
PERTAINING TO RETAIL FOOD ESTABLISHMENTS; 1,817
(2) ANY NECESSARY COLLECTION AND BACTERIOLOGICAL 1,819
EXAMINATION OF SAMPLES FROM RETAIL FOOD ESTABLISHMENTS OR SIMILAR 1,820
SERVICES SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY THE 1,821
DIRECTOR OF AGRICULTURE;
(3) ATTENDANCE AT A COURSE OF STUDY OFFERED BY THE 1,823
LICENSOR IN FOOD PROTECTION AS IT PERTAINS TO RETAIL FOOD 1,824
ESTABLISHMENTS, IF THE COURSE IS APPROVED UNDER SECTION 3717.09 1,825
OF THE REVISED CODE.
(C) THE DIRECTOR MAY DETERMINE BY RULE AN AMOUNT TO BE 1,828
COLLECTED FROM APPLICANTS FOR RETAIL FOOD ESTABLISHMENT LICENSES 1,829
FOR USE BY THE DIRECTOR IN ADMINISTERING AND ENFORCING THE 1,830
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 1,831
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. LICENSORS SHALL 1,832
COLLECT THE AMOUNT PRIOR TO ISSUING AN APPLICANT'S NEW OR RENEWED 1,833
LICENSE. IF A LICENSING FEE IS CHARGED UNDER THIS SECTION, THE 1,834
LICENSOR SHALL COLLECT THE AMOUNT AT THE SAME TIME THE FEE IS 1,835
COLLECTED. LICENSORS ARE NOT REQUIRED TO PROVIDE NOTICE OR HOLD 1,836
PUBLIC HEARINGS REGARDING AMOUNTS COLLECTED UNDER THIS DIVISION. 1,837
NOT LATER THAN SIXTY DAYS AFTER THE LAST DAY OF THE MONTH 1,839
IN WHICH A LICENSE IS ISSUED, THE LICENSOR SHALL CERTIFY THE 1,840
AMOUNT COLLECTED UNDER THIS DIVISION AND TRANSMIT THE AMOUNT TO 1,841
THE TREASURER OF STATE. ALL AMOUNTS RECEIVED SHALL BE DEPOSITED 1,842
INTO THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE 1,845
REVISED CODE. THE DIRECTOR SHALL USE THE AMOUNTS SOLELY FOR THE 1,846
ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER 1,847
AND THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 1,849
ESTABLISHMENTS.
WHEN ADOPTING RULES REGARDING THE AMOUNTS COLLECTED UNDER 1,851
THIS DIVISION, THE DIRECTOR SHALL MAKE AVAILABLE DURING THE RULE 1,852
40
MAKING PROCESS THE CURRENT AND PROJECTED EXPENSES OF 1,853
ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS CHAPTER AND 1,854
THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 1,856
ESTABLISHMENTS AND THE TOTAL OF ALL AMOUNTS THAT HAVE BEEN 1,857
DEPOSITED IN THE FOOD SAFETY FUND PURSUANT TO THIS DIVISION. 1,858
Sec. 3717.26. (A) A LICENSOR MAY TRANSFER A RETAIL FOOD 1,861
ESTABLISHMENT LICENSE UNDER EITHER OF THE FOLLOWING
CIRCUMSTANCES: 1,862
(1) THE SALE OR DISPOSITION OF THE RETAIL FOOD 1,864
ESTABLISHMENT; 1,865
(2) THE RELOCATION OF THE RETAIL FOOD ESTABLISHMENT. 1,868
(B) A PERSON OR GOVERNMENT ENTITY MAY REQUEST TO RECEIVE A 1,871
RETAIL FOOD ESTABLISHMENT LICENSE BY TRANSFER. A LICENSOR MAY 1,872
TRANSFER A LICENSE ONLY ON DETERMINING THAT THE PERSON OR 1,873
GOVERNMENT ENTITY REQUESTING THE TRANSFER IS IN COMPLIANCE WITH 1,874
THE PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 1,876
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. IN THE CASE OF THE 1,877
SALE OR DISPOSITION OF A RETAIL FOOD ESTABLISHMENT, THE LICENSOR 1,878
MAY TRANSFER A LICENSE ONLY IF THE LICENSEE CONSENTS TO THE 1,879
TRANSFER. A LICENSOR MAY NOT TRANSFER A LICENSE MORE THAN ONCE 1,881
IN A LICENSING PERIOD. A LICENSE FOR A TEMPORARY RETAIL FOOD 1,882
ESTABLISHMENT IS NOT TRANSFERABLE.
Sec. 3717.27. (A) ALL INSPECTIONS OF RETAIL FOOD 1,884
ESTABLISHMENTS CONDUCTED BY A LICENSOR UNDER THIS CHAPTER SHALL 1,885
BE CONDUCTED ACCORDING TO THE PROCEDURES AND SCHEDULE OF 1,886
FREQUENCY SPECIFIED IN RULES ADOPTED UNDER SECTION 3717.33 OF THE 1,887
REVISED CODE. AN INSPECTION MAY BE PERFORMED ONLY BY AN
INDIVIDUAL REGISTERED AS A SANITARIAN OR SANITARIAN-IN-TRAINING 1,889
UNDER CHAPTER 4736. OF THE REVISED CODE. EACH INSPECTION SHALL 1,891
BE RECORDED ON A FORM PRESCRIBED AND FURNISHED BY THE DIRECTOR OF 1,892
AGRICULTURE OR A FORM APPROVED BY THE DIRECTOR THAT HAS BEEN 1,893
PRESCRIBED BY A BOARD OF HEALTH ACTING AS LICENSOR. WITH THE 1,894
ASSISTANCE OF THE DIRECTOR, A BOARD ACTING AS LICENSOR, TO THE 1,895
EXTENT PRACTICABLE, SHALL COMPUTERIZE THE INSPECTION PROCESS AND 1,897
41
STANDARDIZE THE MANNER IN WHICH ITS INSPECTIONS ARE CONDUCTED. 1,899
(B) A PERSON OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD 1,901
ESTABLISHMENT LICENSE SHALL PERMIT THE LICENSOR TO INSPECT THE 1,903
RETAIL FOOD ESTABLISHMENT FOR PURPOSES OF DETERMINING COMPLIANCE 1,904
WITH THIS CHAPTER AND THE RULES ADOPTED UNDER IT OR INVESTIGATING 1,905
A COMPLAINT CONCERNING THE ESTABLISHMENT. ON REQUEST OF THE 1,906
LICENSOR, THE LICENSEE SHALL PERMIT THE LICENSOR TO EXAMINE THE 1,907
RECORDS OF THE RETAIL FOOD ESTABLISHMENT TO OBTAIN INFORMATION 1,908
ABOUT THE PURCHASE, RECEIPT, OR USE OF FOOD, SUPPLIES, AND 1,909
EQUIPMENT. 1,910
(C) AN INSPECTION MAY INCLUDE THE FOLLOWING: 1,913
(1) AN INVESTIGATION TO DETERMINE THE IDENTITY AND SOURCE 1,916
OF A PARTICULAR FOOD;
(2) REMOVAL FROM USE OF ANY EQUIPMENT, UTENSILS, HAND 1,918
TOOLS, OR PARTS OF FACILITIES FOUND TO BE MAINTAINED IN A 1,919
CONDITION THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC 1,920
HEALTH.
Sec. 3717.28. TRADE SECRETS AND OTHER FORMS OF INFORMATION 1,922
THAT UNDER THIS CHAPTER ARE REQUIRED TO BE FURNISHED TO OR ARE 1,923
PROCURED BY A LICENSOR OF RETAIL FOOD ESTABLISHMENTS SHALL BE FOR 1,924
THE EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE 1,925
DISCHARGE OF THE LICENSOR'S OFFICIAL DUTIES. THE INFORMATION 1,926
SHALL NOT BE OPEN TO THE PUBLIC OR USED IN ANY ACTION OR 1,927
PROCEEDING IN ANY COURT. IF THE LICENSOR IS A BOARD OF HEALTH, 1,928
THE BOARD MAY SHARE THE INFORMATION WITH THE DIRECTOR OF 1,929
AGRICULTURE AND DIRECTOR OF HEALTH IF THE LICENSOR IS THE
DIRECTOR OF AGRICULTURE, THE DIRECTOR MAY SHARE THE INFORMATION 1,930
WITH THE DIRECTOR OF HEALTH. 1,931
THE LICENSOR SHALL MAINTAIN THE CONFIDENTIALITY OF THE 1,933
INFORMATION, EXCEPT THAT THE INFORMATION MAY BE CONSOLIDATED IN 1,934
STATISTICAL TABLES AND PUBLISHED BY THE LICENSOR IN STATISTICAL 1,935
FORM FOR THE USE AND INFORMATION OF STATE AND LOCAL AGENCIES AND 1,936
THE PUBLIC, IF THE STATISTICS DO NOT DISCLOSE DETAILS ABOUT A 1,937
PARTICULAR PERSON OR GOVERNMENT ENTITY THAT PROVIDED INFORMATION 1,938
42
TO THE LICENSOR. AN INDIVIDUAL EMPLOYED BY THE LICENSOR OR 1,939
ASSISTING THE LICENSOR IN THE ADMINISTRATION OF THE RETAIL FOOD 1,940
ESTABLISHMENT LICENSING REQUIREMENTS OF THIS CHAPTER SHALL NOT 1,941
WILLFULLY DIVULGE ANY INFORMATION THAT IS CONFIDENTIAL UNDER THIS 1,942
SECTION TO ANY PERSON OR GOVERNMENT ENTITY OTHER THAN THE 1,943
LICENSOR OR THE INDIVIDUAL'S SUPERIOR. 1,944
Sec. 3717.29. (A) THIS SECTION APPLIES WHEN THE LICENSOR 1,946
OF RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH. 1,947
(B) A BOARD OF HEALTH MAY SUSPEND OR REVOKE A RETAIL FOOD 1,950
ESTABLISHMENT LICENSE ON DETERMINING THAT THE LICENSE HOLDER IS 1,951
IN VIOLATION OF ANY REQUIREMENT OF THIS CHAPTER OR THE RULES 1,952
ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS, 1,953
INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN 1,954
SANITARY CONDITIONS WITHIN THE ESTABLISHMENT.
(C)(1) EXCEPT IN THE CASE OF A VIOLATION THAT PRESENTS A 1,957
CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, BEFORE INITIATING 1,958
ACTION TO SUSPEND OR REVOKE A RETAIL FOOD ESTABLISHMENT LICENSE, 1,959
THE BOARD SHALL GIVE THE LICENSE HOLDER WRITTEN NOTICE SPECIFYING 1,961
EACH VIOLATION AND A REASONABLE TIME WITHIN WHICH THE LICENSE 1,962
HOLDER MUST CORRECT EACH VIOLATION TO AVOID SUSPENSION OR
REVOCATION OF THE LICENSE. THE BOARD MAY EXTEND THE TIME 1,964
SPECIFIED IN THE NOTICE FOR CORRECTING A VIOLATION IF THE LICENSE 1,965
HOLDER IS MAKING A GOOD FAITH EFFORT TO CORRECT IT. 1,966
IF THE LICENSE HOLDER FAILS TO CORRECT THE VIOLATION IN THE 1,968
TIME GRANTED BY THE BOARD, THE BOARD MAY INITIATE ACTION TO 1,969
SUSPEND OR REVOKE THE RETAIL FOOD ESTABLISHMENT LICENSE BY GIVING 1,971
THE LICENSE HOLDER WRITTEN NOTICE OF THE PROPOSED SUSPENSION OR 1,972
REVOCATION. THE BOARD SHALL INCLUDE IN THE NOTICE A DESCRIPTION 1,973
OF THE PROCEDURE FOR APPEALING THE PROPOSED SUSPENSION OR 1,974
REVOCATION. THE LICENSE HOLDER MAY APPEAL THE PROPOSED
SUSPENSION OR REVOCATION BY GIVING WRITTEN NOTICE TO THE BOARD. 1,976
THE LICENSE HOLDER SHALL SPECIFY IN THE NOTICE WHETHER A HEARING 1,977
IS REQUESTED. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH 1,978
DIVISION (C)(3) OF THIS SECTION. 1,979
43
A HEALTH COMMISSIONER OR OTHER PERSON EMPLOYED BY THE 1,981
BOARD, IF THE HEALTH COMMISSIONER OR PERSON IS AUTHORIZED BY THE 1,983
BOARD TO TAKE THE ACTION, MAY TAKE ANY ACTION THAT THE BOARD MAY 1,984
TAKE UNDER DIVISION (C)(1) OF THIS SECTION. 1,985
(2) IF A BOARD INITIATES ACTIONS TO REVOKE OR, EXCEPT IN 1,988
THE CASE OF A VIOLATION THAT PRESENTS A CLEAR AND PRESENT DANGER 1,989
TO THE PUBLIC HEALTH, TO SUSPEND A RETAIL FOOD ESTABLISHMENT 1,990
LICENSE, THE BOARD SHALL DETERMINE WHETHER TO REVOKE OR SUSPEND 1,991
THE LICENSE BY A MAJORITY VOTE OF THE BOARD MEMBERS WHO ARE 1,992
PRESENT AT A MEETING AT WHICH THERE IS A QUORUM. 1,993
IF THE BOARD DECIDES TO REVOKE OR SUSPEND THE LICENSE, THE 1,996
BOARD SHALL ISSUE A FORMAL WRITTEN ORDER REVOKING OR SUSPENDING 1,997
THE LICENSE.
(3) AN APPEAL MADE UNDER DIVISION (C)(1) OF THIS SECTION 1,999
SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN 2,001
RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 2,002
3717.33 OF THE REVISED CODE. IF A LICENSE HOLDER REQUESTS A 2,003
HEARING, THE BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER 2,005
UNDER DIVISION (C)(2) OF THIS SECTION BUT MAY HOLD THE HEARING AT 2,007
THE SAME MEETING AT WHICH ISSUANCE OF THE ORDER IS CONSIDERED. 2,008
(D)(1) ON DETERMINING THAT A LICENSE HOLDER IS IN 2,011
VIOLATION OF ANY REQUIREMENT OF THIS CHAPTER OR THE RULES ADOPTED 2,012
UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS AND THAT THE 2,013
VIOLATION PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC 2,014
HEALTH, THE BOARD MAY SUSPEND THE RETAIL FOOD ESTABLISHMENT 2,015
LICENSE WITHOUT GIVING WRITTEN NOTICE OR AFFORDING THE LICENSE 2,016
HOLDER THE OPPORTUNITY TO CORRECT THE VIOLATION. 2,017
A SUSPENSION UNDER DIVISION (D)(1) OF THIS SECTION TAKES 2,020
EFFECT IMMEDIATELY AND REMAINS IN EFFECT UNTIL THE BOARD RESCINDS 2,022
THE SUSPENSION.
AFTER SUSPENDING A LICENSE UNDER DIVISION (D)(1) OF THIS 2,025
SECTION, THE LICENSOR SHALL GIVE THE LICENSE HOLDER WRITTEN 2,026
NOTICE OF THE PROCEDURE FOR APPEALING THE SUSPENSION. THE 2,027
LICENSE HOLDER MAY APPEAL THE SUSPENSION BY GIVING WRITTEN NOTICE 2,029
44
TO THE BOARD AND SPECIFYING IN THE NOTICE WHETHER A HEARING IS 2,030
REQUESTED. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH
DIVISION (D)(2) OF THIS SECTION. 2,031
A HEALTH COMMISSIONER, IF AUTHORIZED BY THE BOARD TO TAKE 2,034
THE ACTION, MAY TAKE ANY ACTION THAT MAY BE TAKEN BY THE BOARD 2,035
UNDER DIVISION (D)(1) OF THIS SECTION. A HEALTH COMMISSIONER WHO 2,036
SUSPENDS A LICENSE UNDER THIS AUTHORITY, ON DETERMINING THAT 2,038
THERE IS NO LONGER A CLEAR AND PRESENT DANGER TO THE PUBLIC 2,039
HEALTH, MAY RESCIND THE SUSPENSION WITHOUT CONSULTING THE BOARD. 2,040
(2) IF THE LICENSE HOLDER APPEALS A SUSPENSION UNDER 2,042
DIVISION (D)(1) OF THIS SECTION, THE BOARD SHALL DETERMINE 2,044
WHETHER THE CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH 2,045
CONTINUES TO EXIST BY MAJORITY VOTE OF THE BOARD MEMBERS WHO ARE 2,047
PRESENT AT A MEETING AT WHICH THERE IS A QUORUM. 2,048
IF THE BOARD DETERMINES THAT THERE IS NO LONGER A CLEAR AND 2,051
PRESENT DANGER TO THE PUBLIC HEALTH, THE BOARD SHALL RESCIND THE 2,052
SUSPENSION. IF THE BOARD DETERMINES THAT THE CLEAR AND PRESENT 2,053
DANGER CONTINUES TO EXIST, THE BOARD SHALL ISSUE AN ORDER 2,054
CONTINUING THE SUSPENSION.
(3) AN APPEAL REQUESTED UNDER DIVISION (D)(1) OF THIS 2,057
SECTION SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES 2,058
ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER 2,059
SECTION 3717.33 OF THE REVISED CODE. IF THE LICENSE HOLDER 2,060
REQUESTS A HEARING, THE BOARD SHALL HOLD THE HEARING NOT LATER 2,062
THAN TWO BUSINESS DAYS AFTER THE BOARD RECEIVES THE REQUEST. THE 2,063
BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER UNDER 2,064
DIVISION (D)(2) OF THIS SECTION BUT MAY CONDUCT THE HEARING AT 2,065
THE SAME MEETING AT WHICH ISSUANCE OF THE ORDER IS CONSIDERED. 2,068
(E) A LICENSE HOLDER MAY APPEAL AN ORDER ISSUED UNDER 2,071
DIVISION (C) OR (D) OF THIS SECTION TO THE COMMON PLEAS COURT OF 2,073
THE COUNTY IN WHICH THE LICENSOR IS LOCATED.
Sec. 3717.30. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,082
OF RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE. 2,083
(B) THE DIRECTOR OF AGRICULTURE MAY SUSPEND OR REVOKE A 2,086
45
RETAIL FOOD ESTABLISHMENT LICENSE ON DETERMINING THAT A LICENSE 2,088
HOLDER IS IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER OR THE 2,090
RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD ESTABLISHMENTS,
INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN 2,091
SANITARY CONDITIONS WITHIN THE ESTABLISHMENT. EXCEPT AS PROVIDED 2,093
IN DIVISION (C)(9) OF THIS SECTION, THE SUSPENSION OR REVOCATION 2,095
OF A LICENSE IS NOT EFFECTIVE UNTIL THE LICENSE HOLDER IS GIVEN 2,096
WRITTEN NOTICE OF THE VIOLATION, A REASONABLE AMOUNT OF TIME TO 2,097
CORRECT THE VIOLATION, AND AN OPPORTUNITY FOR A HEARING. 2,098
(C) ALL ACTIONS AND PROCEEDINGS UNDERTAKEN PURSUANT TO 2,101
THIS SECTION SHALL COMPLY WITH CHAPTER 119. OF THE REVISED CODE, 2,104
EXCEPT AS FOLLOWS:
(1) THE LOCATION OF ANY ADJUDICATORY HEARING THAT THE 2,106
LICENSE HOLDER REQUESTS SHALL BE THE DIRECTOR'S OFFICES IN 2,107
LICKING COUNTY. 2,108
(2) THE DIRECTOR SHALL NOTIFY A LICENSE HOLDER BY 2,110
CERTIFIED MAIL OR PERSONAL DELIVERY THAT THE LICENSE HOLDER IS 2,111
CONDITIONALLY ENTITLED TO A HEARING. THE DIRECTOR SHALL SPECIFY 2,112
IN THE NOTICE THAT, IN ORDER TO OBTAIN A HEARING, THE LICENSE 2,113
HOLDER MUST REQUEST THE HEARING NOT LATER THAN TEN DAYS AFTER THE 2,114
DATE OF RECEIPT OF THE NOTICE. 2,115
(3) IF THE LICENSE HOLDER REQUESTS A HEARING, THE DATE SET 2,117
FOR THE HEARING SHALL BE NOT LATER THAN TEN DAYS AFTER THE DATE 2,118
ON WHICH THE DIRECTOR RECEIVES THE REQUEST, UNLESS THE DIRECTOR 2,119
AND THE LICENSE HOLDER AGREE OTHERWISE. 2,120
(4) THE DIRECTOR SHALL NOT POSTPONE OR CONTINUE AN 2,122
ADJUDICATION HEARING WITHOUT THE CONSENT OF THE LICENSE HOLDER. 2,123
IF THE LICENSE HOLDER REQUESTS A POSTPONEMENT OR CONTINUATION OF 2,124
AN ADJUDICATION HEARING, THE DIRECTOR SHALL NOT GRANT IT UNLESS 2,125
THE LICENSE HOLDER DEMONSTRATES THAT AN EXTREME HARDSHIP WILL BE 2,126
INCURRED IN HOLDING THE ADJUDICATION HEARING ON THAT HEARING 2,127
DATE. IF THE DIRECTOR GRANTS A POSTPONEMENT OR CONTINUATION ON 2,129
THE GROUNDS OF EXTREME HARDSHIP, THE RECORD SHALL DOCUMENT THE 2,130
NATURE AND CAUSE OF THE EXTREME HARDSHIP. 2,131
46
(5) IN LIEU OF HAVING A HEARING AND UPON THE LICENSE 2,133
HOLDER'S WRITTEN REQUEST TO THE DIRECTOR, THE LICENSE HOLDER MAY 2,134
SUBMIT TO THE DIRECTOR, NOT LATER THAN THE DATE OF THE HEARING 2,135
SET PURSUANT TO DIVISION (C)(3) OF THIS SECTION, DOCUMENTS, 2,137
PAPERS, AND OTHER WRITTEN EVIDENCE TO SUPPORT THE LICENSE 2,138
HOLDER'S CLAIM.
(6) IF THE DIRECTOR APPOINTS A REFEREE OR EXAMINER TO 2,140
CONDUCT THE HEARING, THE FOLLOWING APPLY: 2,141
(a) A COPY OF THE WRITTEN ADJUDICATION REPORT AND 2,143
RECOMMENDATIONS OF THE REFEREE OR EXAMINER SHALL BE SERVED BY 2,144
CERTIFIED MAIL UPON THE DIRECTOR AND THE LICENSE HOLDER NOT LATER 2,146
THAN THREE BUSINESS DAYS FOLLOWING THE CONCLUSION OF THE HEARING. 2,148
(b) NOT LATER THAN THREE BUSINESS DAYS AFTER RECEIPT OF 2,151
THE REPORT AND RECOMMENDATIONS, THE LICENSE HOLDER MAY FILE WITH 2,152
THE DIRECTOR WRITTEN OBJECTIONS TO THE REPORT AND
RECOMMENDATIONS. 2,153
(c) THE DIRECTOR SHALL CONSIDER THE OBJECTIONS SUBMITTED 2,156
BY THE LICENSE HOLDER BEFORE APPROVING, MODIFYING, OR
DISAPPROVING THE REPORT AND RECOMMENDATIONS. THE DIRECTOR SHALL 2,157
SERVE THE DIRECTOR'S ORDER UPON THE LICENSE HOLDER BY CERTIFIED 2,159
MAIL NOT LATER THAN SIX BUSINESS DAYS AFTER RECEIVING THE REPORT 2,160
AND RECOMMENDATIONS.
(7) IF THE DIRECTOR CONDUCTS THE HEARING, THE DIRECTOR 2,162
SHALL SERVE THE DIRECTOR'S DECISION BY CERTIFIED MAIL UPON THE 2,163
LICENSE HOLDER NOT LATER THAN THREE BUSINESS DAYS FOLLOWING THE 2,164
CLOSE OF THE HEARING. 2,165
(8) IF NO HEARING IS HELD, THE DIRECTOR SHALL ISSUE AN 2,167
ORDER BY CERTIFIED MAIL TO THE LICENSE HOLDER NOT LATER THAN 2,169
THREE BUSINESS DAYS FOLLOWING THE LAST DATE POSSIBLE FOR A 2,170
HEARING, BASED ON THE RECORD THAT IS AVAILABLE. 2,171
(9) IF THE DIRECTOR DETERMINES THAT AN EMERGENCY EXISTS 2,173
THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, 2,174
THE DIRECTOR MAY SUSPEND A LICENSE, EFFECTIVE WITHOUT A HEARING. 2,175
THEREAFTER, WITHOUT DELAY, THE DIRECTOR SHALL AFFORD THE LICENSE 2,176
47
HOLDER AN OPPORTUNITY FOR HEARING. ON DETERMINING THAT THERE IS 2,177
NO LONGER A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, THE 2,178
DIRECTOR MAY RESCIND THE SUSPENSION WITHOUT A HEARING. 2,179
Sec. 3717.31. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,181
OF RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH. 2,182
AS USED IN THIS SECTION, "PROSECUTOR" HAS THE SAME MEANING 2,185
AS IN SECTION 2935.01 OF THE REVISED CODE. 2,187
(B) AT THE REQUEST OF THE BOARD OF HEALTH, THE PROSECUTOR 2,190
WITH JURISDICTION IN THE AREA WHERE A PERSON ALLEGEDLY HAS 2,191
VIOLATED SECTION 3717.21 OF THE REVISED CODE SHALL COMMENCE A 2,193
CRIMINAL PROSECUTION AGAINST THE PERSON.
AT THE REQUEST OF A BOARD OF HEALTH, THE DIRECTOR OF 2,195
AGRICULTURE SHALL PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN THE 2,196
PROSECUTION OF A PERSON WHO IS NOT IN COMPLIANCE WITH THE 2,197
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 2,198
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. REQUESTS SHALL BE MADE 2,199
AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH RULES ADOPTED 2,200
BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 3717.33 OF THE
REVISED CODE.
(C) AT THE REQUEST OF THE BOARD OF HEALTH, THE PROSECUTOR 2,203
WITH JURISDICTION IN THE AREA WHERE A PERSON OR GOVERNMENT ENTITY 2,204
ALLEGEDLY HAS FAILED TO COMPLY WITH A REQUIREMENT OF THIS CHAPTER 2,206
OR THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD
ESTABLISHMENTS SHALL COMMENCE IN COMMON PLEAS COURT AN ACTION 2,208
REQUESTING THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER OR A 2,209
PRELIMINARY OR PERMANENT INJUNCTION OR A MANDAMUS ACTION 2,210
REGARDING THE ACT OF NONCOMPLIANCE. THE COURT MAY GRANT THE
APPROPRIATE RELIEF IF IT IS SHOWN THAT THE RESPONDENT FAILED TO 2,211
COMPLY WITH THE REQUIREMENT. 2,213
NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION 2,215
2705.05 OF THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND 2,218
TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH A 2,219
RESTRAINING ORDER, INJUNCTION, OR WRIT OF MANDAMUS ISSUED
PURSUANT TO THIS DIVISION SHALL BE FINED NOT MORE THAN ONE 2,220
48
THOUSAND DOLLARS FOR EACH OFFENSE. EACH DAY THE NONCOMPLIANCE 2,221
CONTINUES IS A SEPARATE OFFENSE. 2,222
(D) FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS 2,223
SECTION SHALL BE DEPOSITED IN AN APPROPRIATE FUND CREATED FOR THE 2,224
BOARD'S USE IN ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND 2,226
THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD 2,227
ESTABLISHMENTS. THE REMAINING FIFTY PER CENT SHALL BE CREDITED 2,228
TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE 2,229
CASE IS PROSECUTED. 2,230
(E) THE REMEDIES AVAILABLE UNDER THIS SECTION ARE IN 2,233
ADDITION TO ANY OTHER REMEDIES AVAILABLE UNDER THE LAW. 2,234
Sec. 3717.32. (A) THIS SECTION APPLIES WHEN THE LICENSOR 2,243
OF RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE. 2,245
(B) IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW AND 2,247
IRRESPECTIVE OF WHETHER AN ADEQUATE REMEDY AT LAW EXISTS, THE 2,248
DIRECTOR OF AGRICULTURE MAY APPLY TO THE COURT OF COMMON PLEAS 2,249
FOR A TEMPORARY OR PERMANENT INJUNCTION OR OTHER APPROPRIATE 2,251
RELIEF CONCERNING THE VIOLATION OF A PROVISION OF THIS CHAPTER OR
THE RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD 2,252
ESTABLISHMENTS. APPLICATION SHALL BE MADE TO THE COURT IN THE 2,253
COUNTY IN WHICH THE VIOLATION OCCURS. 2,254
NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION 2,255
2705.05 OF THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND 2,256
TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH AN 2,258
INJUNCTION OR OTHER RELIEF ISSUED PURSUANT TO THIS DIVISION SHALL 2,260
BE FINED NOT MORE THAN ONE THOUSAND DOLLARS. EACH DAY THE
NONCOMPLIANCE CONTINUES IS A SEPARATE OFFENSE. 2,262
(C) FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS 2,263
SECTION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT 2,264
OF THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE REVISED 2,266
CODE. THE REMAINING FIFTY PER CENT SHALL BE CREDITED TO THE 2,268
GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE CASE IS 2,270
PROSECUTED.
Sec. 3717.33. PURSUANT TO SECTION 3717.04 OF THE REVISED 2,273
49
CODE, THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES REGARDING THE 2,274
FOLLOWING:
(A) LICENSING CATEGORIES FOR RETAIL FOOD ESTABLISHMENTS 2,277
AND LICENSING REQUIREMENTS FOR EACH CATEGORY, INCLUDING 2,278
APPROPRIATE PRACTICES FOR THE ACTIVITIES PERFORMED BY A RETAIL
FOOD ESTABLISHMENT; 2,279
(B) STANDARDS FOR COLLECTION OF FOOD SAMPLES FROM RETAIL 2,282
FOOD ESTABLISHMENTS FOR PURPOSES OF IDENTIFYING ADULTERATION AND
MISBRANDING; 2,283
(C) RECORDS TO BE GENERATED AND MAINTAINED BY LICENSED 2,286
RETAIL FOOD ESTABLISHMENTS;
(D) APPEALS OF PROPOSED SUSPENSIONS AND REVOCATIONS OF 2,289
RETAIL FOOD ESTABLISHMENT LICENSES AND APPEALS OF SUSPENSIONS OF 2,290
LICENSES ISSUED FOR VIOLATIONS PRESENTING A CLEAR AND PRESENT
DANGER TO THE PUBLIC HEALTH; 2,291
(E) STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF 2,293
FREQUENCY, FOR CONDUCTING INSPECTIONS OF RETAIL FOOD 2,295
ESTABLISHMENTS;
(F) STANDARDS AND PROCEDURES FOR DETERMINING DURING AN 2,297
INSPECTION WHETHER ARTICLES SHOULD BE REMOVED FROM USE BECAUSE OF 2,298
A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH; 2,299
(G) STANDARDS AND PROCEDURES FOR CONDUCTING INVESTIGATIONS 2,302
OF COMPLAINTS PERTAINING TO RETAIL FOOD ESTABLISHMENTS; 2,303
(H) SURVEYS CONDUCTED BY THE DIRECTOR TO DETERMINE WHETHER 2,307
BOARDS OF HEALTH ARE QUALIFIED AND HAVE THE CAPACITY TO
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER AND THE 2,308
RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS 2,309
AND TO ABIDE BY THE OHIO UNIFORM FOOD SAFETY CODE; 2,310
(I) REINSTATEMENT OF A BOARD OF HEALTH AS A LICENSOR AFTER 2,313
THE DIRECTOR HAS REVOKED THE APPROVAL OF THE BOARD; 2,314
(J) PROCEDURES FOR RESOLVING DISPUTES BETWEEN LICENSORS 2,317
AND THE HOLDERS OF LICENSES FOR RETAIL FOOD ESTABLISHMENTS; 2,318
(K) PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A 2,320
BOARD OF HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A 2,321
50
PERSON FOR A VIOLATION OF THE PROVISIONS OF THIS CHAPTER 2,322
APPLICABLE TO RETAIL FOOD ESTABLISHMENTS;
(L) ANY OTHER MATTER THE DIRECTOR CONSIDERS RELEVANT TO 2,325
THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS
CHAPTER APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. 2,326
Sec. 3717.41. EXCEPT AS PROVIDED IN SECTION 3717.42 OF 2,328
THE REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL OPERATE A 2,330
FOOD SERVICE OPERATION WITHOUT A LICENSE. A SEPARATE LICENSE IS 2,331
REQUIRED FOR EACH FOOD SERVICE OPERATION A PERSON OR GOVERNMENT 2,332
ENTITY OPERATES.
NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH 2,334
ANY OTHER REQUIREMENT OF THIS CHAPTER APPLICABLE TO FOOD SERVICE 2,336
OPERATIONS.
Sec. 3717.42. (A) THE FOLLOWING ARE NOT FOOD SERVICE 2,338
OPERATIONS:
(1) A RETAIL FOOD ESTABLISHMENT LICENSED UNDER THIS 2,340
CHAPTER, INCLUDING A RETAIL FOOD ESTABLISHMENT THAT PROVIDES THE 2,341
SERVICES OF A FOOD SERVICE OPERATION PURSUANT TO AN ENDORSEMENT 2,342
ISSUED UNDER SECTION 3717.44 OF THE REVISED CODE; 2,343
(2) AN ENTITY EXEMPT FROM THE REQUIREMENT TO BE LICENSED 2,344
AS A RETAIL FOOD ESTABLISHMENT UNDER DIVISION (B) OF SECTION 2,345
3717.22 OF THE REVISED CODE; 2,346
(3) A BUSINESS OR THAT PORTION OF A BUSINESS THAT IS 2,348
REGULATED BY THE FEDERAL GOVERNMENT OR THE DEPARTMENT OF 2,350
AGRICULTURE AS A FOOD MANUFACTURING OR FOOD PROCESSING OPERATION, 2,351
INCLUDING AN OPERATION OR THAT PORTION OF AN OPERATION REGULATED
BY THE DEPARTMENT OF AGRICULTURE UNDER CHAPTER 911., 913., 915., 2,353
917., 918., OR 925. OF THE REVISED CODE. 2,355
(B) ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT 2,356
TO BE LICENSED AS A FOOD SERVICE OPERATION: 2,358
(1) A PRIVATE HOME IN WHICH INDIVIDUALS RELATED BY BLOOD, 2,359
MARRIAGE, OR LAW RESIDE AND IN WHICH THE FOOD THAT IS PREPARED OR 2,360
SERVED IS INTENDED ONLY FOR THOSE INDIVIDUALS AND THEIR NONPAYING 2,361
GUESTS; 2,362
51
(2) A PRIVATE HOME OPERATED AS A BED-AND-BREAKFAST THAT 2,364
PREPARES AND OFFERS FOOD TO GUESTS, IF THE HOME IS 2,365
OWNER-OCCUPIED, THE NUMBER OF AVAILABLE GUEST BEDROOMS DOES NOT 2,366
EXCEED SIX, BREAKFAST IS THE ONLY MEAL OFFERED, AND THE NUMBER OF 2,367
GUESTS SERVED DOES NOT EXCEED SIXTEEN; 2,368
(3) A STAND OPERATED ON THE PREMISES OF A PRIVATE HOME BY 2,370
ONE OR MORE CHILDREN UNDER THE AGE OF TWELVE, IF THE FOOD SERVED 2,371
IS NOT POTENTIALLY HAZARDOUS; 2,372
(4) A RESIDENTIAL FACILITY THAT ACCOMMODATES NOT MORE THAN 2,374
SIXTEEN RESIDENTS; IS LICENSED, CERTIFIED, REGISTERED, OR 2,375
OTHERWISE REGULATED BY THE FEDERAL GOVERNMENT OR BY THE STATE OR 2,376
A POLITICAL SUBDIVISION OF THE STATE; AND PREPARES FOOD FOR OR 2,377
SERVES FOOD TO ONLY THE RESIDENTS OF THE FACILITY, THE STAFF OF 2,378
THE FACILITY, AND ANY NONPAYING GUESTS OF RESIDENTS OR STAFF; 2,379
(5) A CHURCH, SCHOOL, FRATERNAL OR VETERANS' ORGANIZATION, 2,382
VOLUNTEER FIRE ORGANIZATION, OR VOLUNTEER EMERGENCY MEDICAL 2,383
SERVICE ORGANIZATION PREPARING OR SERVING FOOD INTENDED FOR 2,384
INDIVIDUAL PORTION SERVICE ON ITS PREMISES FOR NOT MORE THAN 2,385
SEVEN CONSECUTIVE DAYS OR NOT MORE THAN FIFTY-TWO SEPARATE DAYS 2,387
DURING A LICENSING PERIOD;
(6) A COMMON CARRIER THAT PREPARES OR SERVES FOOD, IF THE 2,389
CARRIER IS REGULATED BY THE FEDERAL GOVERNMENT; 2,390
(7) A FOOD SERVICE OPERATION SERVING FIVE OR FEWER 2,392
INDIVIDUALS DAILY;
(8) A TYPE A OR TYPE B FAMILY DAY-CARE HOME, AS DEFINED IN 2,395
SECTION 5104.01 OF THE REVISED CODE, THAT PREPARES OR SERVES FOOD 2,397
FOR THE CHILDREN RECEIVING DAY-CARE;
(9) A VENDING MACHINE LOCATION WHERE THE ONLY FOODS 2,400
DISPENSED ARE FOODS FROM ONE OR BOTH OF THE FOLLOWING CATEGORIES: 2,401
(a) PREPACKAGED FOODS THAT ARE NOT POTENTIALLY HAZARDOUS; 2,403
(b) NUTS, PANNED OR WRAPPED BULK CHEWING GUM, OR PANNED OR 2,405
WRAPPED BULK CANDIES. 2,406
(10) A PLACE SERVICING THE VENDING MACHINES AT A VENDING 2,408
MACHINE LOCATION DESCRIBED IN DIVISION (B)(9) OF THIS SECTION; 2,409
52
(11) A COMMISSARY SERVICING VENDING MACHINES THAT DISPENSE 2,411
ONLY MILK, MILK PRODUCTS, OR FROZEN DESSERTS THAT ARE UNDER A 2,412
STATE OR FEDERAL INSPECTION AND ANALYSIS PROGRAM; 2,413
(12) A "CONTROLLED LOCATION VENDING MACHINE LOCATION," 2,416
WHICH MEANS A VENDING MACHINE LOCATION AT WHICH ALL OF THE
FOLLOWING APPLY: 2,417
(a) THE VENDING MACHINES DISPENSE ONLY FOODS THAT ARE NOT 2,419
POTENTIALLY HAZARDOUS; 2,420
(b) THE MACHINES ARE DESIGNED TO BE FILLED AND MAINTAINED 2,422
IN A SANITARY MANNER BY UNTRAINED PERSONS; 2,423
(c) MINIMAL PROTECTION IS NECESSARY TO ENSURE AGAINST 2,425
CONTAMINATION OF FOOD AND EQUIPMENT. 2,426
Sec. 3732.03 3717.43. (A) No person or government entity 2,435
shall operate a food service operation without a license. A 2,437
separate license is required for each food service operation that 2,438
a person or government entity operates. 2,439
(B) Each person or government entity requesting a food 2,441
service operation license or the renewal of a license shall apply 2,442
to the appropriate licensor on a form provided by the licensor. 2,443
Licensors shall use a form prescribed and furnished to the 2,444
licensor by the director of health or a form prescribed by the 2,445
licensor that has been approved by the director. THE APPLICANT 2,446
SHALL INCLUDE WITH THE APPLICATION ALL INFORMATION NECESSARY FOR 2,447
THE LICENSOR TO PROCESS THE APPLICATION, AS REQUESTED BY THE 2,448
LICENSOR.
Applications for food service operation licenses other than 2,450
those for mobile and catering food service operation licenses 2,451
shall be submitted to the licensor for the health district in 2,452
which the food service operation is located. Applications for 2,453
mobile food service operation licenses shall be submitted to the 2,454
licensor for the health district in which the applicant's 2,455
business headquarters are located, or, if the headquarters are 2,456
located outside this state, to the licensor for the district 2,457
where the applicant will first operate in this state. 2,458
53
Applications for catering food service operation licenses shall 2,459
be submitted to the licensor for the district where the 2,460
applicant's base of operation is located. 2,461
(C) A (B) THE licensor shall review all applications 2,463
received. The licensor shall issue a license for a new food 2,464
service operation when the applicant submits a complete 2,465
application and the licensor determines that the applicant meets 2,466
all other requirements for receiving the license in accordance 2,467
with OF this chapter and the rules adopted under it FOR RECEIVING 2,469
THE LICENSE. The licensor shall issue a renewed license on 2,471
receipt of a complete renewal application.
Licenses THE LICENSOR shall be issued ISSUE LICENSES FOR 2,475
FOOD SERVICE OPERATIONS on forms prescribed and furnished by the 2,476
director of health. If the license is for a mobile food service 2,477
operation, the licensor shall post the operation's layout, 2,478
equipment, and menu on the back of the license.
A MOBILE OR CATERING FOOD SERVICE OPERATION LICENSE ISSUED 2,480
BY ONE LICENSOR SHALL BE RECOGNIZED BY ALL OTHER LICENSORS IN 2,481
THIS STATE.
(C)(1) A food service operation license other than a 2,483
temporary food service operation license expires at the end of 2,484
the licensing period for which the license is issued and may be 2,485
renewed. A, EXCEPT AS FOLLOWS: 2,486
(a) A LICENSE ISSUED TO A NEW FOOD SERVICE OPERATION AFTER 2,487
THE FIRST DAY OF DECEMBER SHALL NOT EXPIRE UNTIL THE END OF THE 2,489
LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE. 2,490
(b) A temporary food service operation license expires at 2,493
the end of the period for which it is issued and is not 2,495
renewable. All
(2) ALL food service operation licenses remain valid until 2,498
they are scheduled to expire unless earlier suspended or revoked 2,499
under section 3732.11 3717.49 of the Revised Code.
A mobile or catering food service operation license issued 2,501
by one licensor shall be recognized by all other licensors in 2,502
54
this state. 2,503
(D) A FOOD SERVICE OPERATION LICENSE MAY BE RENEWED, 2,505
EXCEPT THAT A TEMPORARY FOOD SERVICE OPERATION LICENSE IS NOT 2,506
RENEWABLE. Applications for renewal of food service operation 2,507
licenses other than those for mobile and seasonal food service 2,508
operation licenses shall be submitted to the licensor not later 2,509
than the first day of March. Renewal applications for mobile and 2,510
seasonal food service operation licenses shall be submitted prior 2,511
to commencing operation in a new licensing period. A licensor 2,512
may renew a license prior to the first day of March or the first 2,513
day of operation in a new licensing period, but not before the 2,514
first day of February immediately preceding the licensing period 2,515
for which the license is being renewed. 2,516
If a renewal application is not filed with the licensor or 2,518
postmarked on or before the first day of March or, in the case of 2,519
a mobile or seasonal food service operation, the first day of 2,520
operation in a new licensing period, the licensor shall assess a 2,521
penalty of twenty-five per cent of the fee charged for renewing 2,522
licenses, if the licensor charges renewal fees. If an applicant 2,523
is subject to a penalty, the licensor shall not renew the license 2,524
until the applicant pays the penalty. 2,525
(E)(1) Except as provided in division (E)(3) of this 2,527
section, there is no limit on the number of temporary food 2,528
service operation licenses a A licensor may issue NOT MORE THAN 2,530
TEN TEMPORARY FOOD SERVICE OPERATION LICENSES PER LICENSING 2,531
PERIOD to a THE SAME person or government entity to operate at 2,534
different events WITHIN THE LICENSOR'S JURISDICTION. For each 2,535
particular event, a licensor may issue only one TEMPORARY FOOD 2,536
SERVICE OPERATION license for TO the same operation PERSON OR 2,538
GOVERNMENT ENTITY.
(2) A licensor may issue a temporary food service 2,540
operation license to operate for more than five CONSECUTIVE days 2,541
if both of the following apply: 2,542
(a) The operation will be operated at an event organized 2,544
55
by a county agricultural society or independent agricultural 2,545
society organized under Chapter 1711. of the Revised Code; 2,546
(b) The person who will receive the license is a resident 2,548
of the county or one of the counties for which the agricultural 2,549
society was organized. 2,550
(3) A person may be granted only one temporary food 2,552
service operation license per licensing period pursuant to 2,553
division (E)(2) of this section. 2,554
(F) The licensor may place restrictions or conditions on a 2,556
food service operation license limiting the types of food that 2,557
may be prepared or served by the licensee FOOD SERVICE OPERATION 2,558
based on the equipment or facilities of the food service 2,560
operation. Limitations pertaining to a mobile or catering food 2,561
service operation shall be posted on the back of the license. 2,562
(G) A licensee THE PERSON OR GOVERNMENT ENTITY HOLDING A 2,564
LICENSE FOR A FOOD SERVICE OPERATION shall display the license 2,565
for that food service operation at all times at the licensed 2,566
location. A licensee PERSON OR GOVERNMENT ENTITY holding a 2,567
catering food service operation license shall also maintain a 2,569
copy of the license at each catered event.
(H) WITH THE ASSISTANCE OF THE DEPARTMENT OF HEALTH, THE 2,571
LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE 2,572
PROCESS FOR LICENSING FOOD SERVICE OPERATIONS. 2,574
Sec. 3717.44. (A) THE PERSON OR GOVERNMENT ENTITY HOLDING 2,576
A LICENSE FOR A FOOD SERVICE OPERATION MAY PROVIDE THE SERVICES 2,577
OF A RETAIL FOOD ESTABLISHMENT WITHIN THE FOOD SERVICE OPERATION 2,578
WITHOUT OBTAINING A RETAIL FOOD ESTABLISHMENT LICENSE IF THE 2,579
PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF FOOD SERVICE 2,580
OPERATIONS AN ENDORSEMENT TO PROVIDE THE SERVICES OF A RETAIL 2,581
FOOD ESTABLISHMENT.
(B) WHEN THE ACTIVITIES OF A FOOD SERVICE OPERATION AND A 2,584
RETAIL FOOD ESTABLISHMENT ARE CARRIED ON WITHIN THE SAME FACILITY 2,585
BY THE SAME PERSON OR GOVERNMENT ENTITY, THE DETERMINATION OF 2,586
WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A FOOD SERVICE 2,587
56
OPERATION OR RETAIL FOOD ESTABLISHMENT SHALL BE MADE ACCORDING TO
THE PRIMARY BUSINESS OF THE PERSON OR ENTITY. IF THE PRIMARY 2,589
BUSINESS IS THAT OF A FOOD SERVICE OPERATION, THE PERSON OR 2,590
ENTITY SHALL BE LICENSED AS A FOOD SERVICE OPERATION WITH AN 2,591
ENDORSEMENT FROM THE LICENSOR ISSUED UNDER THIS SECTION TO 2,592
PROVIDE THE SERVICES OF A RETAIL FOOD ESTABLISHMENT. IF THE 2,593
PRIMARY BUSINESS IS THAT OF A RETAIL FOOD ESTABLISHMENT, THE 2,594
PERSON OR ENTITY SHALL BE LICENSED AS A RETAIL FOOD ESTABLISHMENT 2,595
AND IS SUBJECT TO THE ENDORSEMENT PROVISIONS OF SECTION 3717.24 2,596
OF THE REVISED CODE.
THE LICENSOR OF FOOD SERVICE OPERATIONS AND RETAIL FOOD 2,598
ESTABLISHMENTS FOR THE AREA IN WHICH A FACILITY IS LOCATED SHALL 2,599
MAKE THE DETERMINATION OF WHETHER THE PRIMARY BUSINESS CARRIED ON 2,601
WITHIN A FACILITY IS THAT OF A FOOD SERVICE OPERATION OR RETAIL 2,602
FOOD ESTABLISHMENT. IF THE LICENSOR OF FOOD SERVICE OPERATIONS 2,603
FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF RETAIL FOOD 2,604
ESTABLISHMENTS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH 2,605
LICENSORS. EACH DETERMINATION SHALL BE MADE ACCORDING TO 2,606
CRITERIA SPECIFIED IN THE OHIO UNIFORM FOOD SAFETY CODE. 2,607
(C) A REQUEST TO HAVE A FOOD SERVICE OPERATION LICENSE 2,610
INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN APPLICATION FOR 2,611
ISSUANCE OR RENEWAL OF A FOOD SERVICE OPERATION LICENSE OR MAY BE 2,612
SUBMITTED SEPARATELY. PROCEDURES FOR MAKING SEPARATE REQUESTS 2,613
SHALL BE THE SAME AS THE LICENSE APPLICATION PROCEDURES 2,614
ESTABLISHED UNDER SECTION 3717.43 OF THE REVISED CODE. 2,615
AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME 2,617
MANNER AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION 2,618
3717.48 OF THE REVISED CODE. THE SUSPENSION OR REVOCATION OF AN 2,620
ENDORSEMENT DOES NOT AFFECT THE FOOD SERVICE OPERATION LICENSE 2,621
THAT INCLUDES THE ENDORSEMENT. IF THE FOOD SERVICE OPERATION
LICENSE IS SUSPENDED OR REVOKED, THE ENDORSEMENT INCLUDED ON THE 2,622
LICENSE IS ALSO SUSPENDED OR REVOKED. 2,623
(D) IF A RETAIL FOOD ESTABLISHMENT IS OPERATED WITHIN A 2,626
FOOD SERVICE OPERATION BY A PERSON OR GOVERNMENT ENTITY OTHER 2,627
57
THAN THE PERSON OR ENTITY HOLDING THE LICENSE TO OPERATE THE FOOD 2,628
SERVICE OPERATION, THE RETAIL FOOD ESTABLISHMENT MAY NOT BE 2,629
OPERATED UNDER AN ENDORSEMENT. THE ESTABLISHMENT SHALL BE 2,631
LICENSED AS A SEPARATE RETAIL FOOD ESTABLISHMENT. 2,632
Sec. 3732.04 3717.45. (A) A licensor may charge fees for 2,641
issuing and renewing food service operation licenses. Any 2,643
licensing fee charged shall be established in accordance with 2,644
section 3709.09 of the Revised Code. The fees shall be used 2,645
solely for the administration and enforcement of THE PROVISIONS 2,646
OF this chapter and the rules adopted under it APPLICABLE TO FOOD 2,648
SERVICE OPERATIONS.
(B) At ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL 2,650
BE BASED ON THE LICENSOR'S COSTS OF REGULATING FOOD SERVICE 2,651
OPERATIONS, AS DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES 2,652
ESTABLISHED UNDER SECTION 3717.07 OF THE REVISED CODE. IF THE 2,653
LICENSOR IS A BOARD OF HEALTH, A FEE MAY BE DISAPPROVED BY THE 2,655
DISTRICT ADVISORY COUNCIL IN THE CASE OF A GENERAL HEALTH 2,656
DISTRICT OR THE LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF 2,657
A CITY HEALTH DISTRICT. A DISAPPROVED FEE SHALL NOT BE CHARGED 2,659
BY THE BOARD OF HEALTH.
AT least thirty days prior to establishing a licensing fee, 2,661
the licensor shall hold a public hearing regarding the proposed 2,662
fee. At least thirty days prior to the public hearing, the 2,663
licensor shall give written notice of the hearing to each
licensee PERSON OR GOVERNMENT ENTITY HOLDING A FOOD SERVICE 2,664
OPERATION LICENSE that may be affected by the proposed fee. The 2,665
notice shall be mailed to the last known address of the licensee 2,666
and shall specify the date, time, and place of the hearing and 2,667
the amount of the proposed fee. On request, the licensor shall 2,668
provide the completed uniform methodology used in the calculation 2,669
of the licensor's costs and the proposed fee. 2,670
(C)(B) In addition to licensing fees, a licensor may 2,672
charge fees for the following: 2,673
(1) Review of FACILITY LAYOUT AND EQUIPMENT SPECIFICATIONS 2,675
58
PERTAINING TO food service operation plans OPERATIONS, other than 2,677
plans pertaining to mobile and temporary food service operations, 2,679
or similar reviews conducted for vending machine locations; 2,680
(2) Any necessary collection and bacteriological 2,682
examination of water samples FROM FOOD SERVICE OPERATIONS, OR 2,683
SIMILAR SERVICES SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY 2,684
THE PUBLIC HEALTH COUNCIL; 2,685
(3) Any necessary collection and bacteriological 2,687
examination of frozen dessert samples taken from a frozen dessert 2,688
dispensing freezer; 2,689
(4) Attending ATTENDANCE AT a course of study in food 2,691
protection offered by the licensor IN FOOD PROTECTION AS IT 2,693
PERTAINS TO FOOD SERVICE OPERATIONS, if the course is approved 2,694
under section 3732.14 3717.09 of the Revised Code. 2,696
(D)(C) The public health council may determine by rule an 2,698
amount to be collected from applicants for food service operation 2,699
licenses for use by the director of health in administering and 2,700
enforcing THE PROVISIONS OF this chapter and the rules adopted 2,701
under it APPLICABLE TO FOOD SERVICE OPERATIONS. Licensors shall 2,703
collect the amount prior to issuing an applicant's new or renewed 2,704
license. If a licensing fee is charged under this section, the 2,705
licensor shall collect the amount at the same time the fee is 2,706
collected. Licensors are not required to provide notice or hold 2,707
public hearings regarding amounts collected under this division. 2,708
Not later than sixty days after the last day of the month 2,710
in which a license is issued, the licensor shall certify the 2,711
amount collected under this division and transmit the amount to 2,712
the treasurer of state. All amounts received shall be deposited 2,713
into the general operations fund created in section 3701.82 2,714
3701.83 of the Revised Code and shall be used by the. THE 2,716
director SHALL USE THE AMOUNTS solely for the administration and 2,718
enforcement of THE PROVISIONS OF this chapter and the rules 2,719
adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS. 2,720
The director may submit recommendations to the public 2,722
59
health council regarding the amounts collected under this 2,723
division. When making recommendations, the director shall submit 2,724
a report stating the current and projected expenses of 2,725
administering and enforcing THE PROVISIONS OF this chapter and 2,726
the rules adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS 2,728
and the total of all amounts that have been deposited in the 2,730
general operations fund pursuant to this division. The director 2,731
may include in the report any recommendations for modifying the 2,732
department's administration and enforcement of THE PROVISIONS OF 2,733
this chapter and the rules adopted under it APPLICABLE TO FOOD 2,734
SERVICE OPERATIONS. 2,735
Sec. 3732.05 3717.46. (A) A food service operation 2,744
license may be transferred by the licensor under either of the 2,746
following circumstances: 2,747
(1) The sale or disposition of the food service operation; 2,749
(2) The relocation of the food service operation. 2,751
(B) A person or government entity may request to receive a 2,753
food service operation license by transfer. A licensor may 2,754
transfer a license only on determining that the person or 2,755
government entity requesting the transfer is in compliance with 2,756
THE PROVISIONS OF this chapter and the rules adopted under it 2,758
APPLICABLE TO FOOD SERVICE OPERATIONS. In the case of the sale 2,760
or disposition of a food service operation, the license may not 2,761
be transferred unless the licensee consents to the transfer. A 2,762
license shall not be transferred more than once in a licensing
period. Temporary food service operation licenses are not 2,763
transferable. 2,764
Sec. 3732.08 3717.47. (A) As used in this section: 2,773
(1) "Critical control point inspection" means an 2,775
inspection designed to identify and prevent food handling 2,776
procedures that epidemiological data have shown to lead to 2,777
outbreaks of foodborne disease. 2,778
(2) "Standard inspection" means an inspection designed to 2,780
determine compliance with this chapter and the rules adopted 2,782
60
under it. 2,783
(B) Licensors shall classify food service operations, 2,785
other than vending machine locations and mobile and temporary 2,786
food service operations, according to the factors contributing to 2,787
foodborne disease identified in rules adopted by the public 2,788
health council under section 3732.02 of the Revised Code. Food 2,790
service operation classifications consist of "class I," "class 2,791
II," and "class III," with class I representing the smallest risk 2,792
of foodborne disease and class III the greatest risk. 2,793
(C)(1) A licensor shall inspect the food service 2,795
operations in its district as follows: 2,796
(a) Class I: at least one standard inspection shall be 2,798
conducted each licensing period; 2,799
(b) Class II: Except as provided in division (C)(3) of 2,801
this section, at least two standard inspections shall be 2,802
conducted each licensing period; 2,803
(c) Class III: Except as provided in division (C)(3) of 2,805
this section, at least two standard inspections and one critical 2,806
control point inspection shall be conducted each licensing 2,807
period; 2,808
(d) Vending machine locations: at least one standard 2,810
inspection of at least fifty per cent of the locations operated 2,811
by a licensee shall be conducted each licensing period; 2,812
(e) Mobile food service operations: at least one standard 2,814
inspection shall be conducted each licensing period; 2,815
(f) Temporary food service operations: at least one 2,817
standard inspection shall be conducted during the period the 2,818
operation is being operated; 2,819
(g) New food service operations: one standard inspection 2,821
shall be conducted not later than thirty days after the license 2,822
for the operation is issued. 2,823
(2) The licensor shall schedule the standard inspections 2,825
required for class I and II food service operations, vending 2,826
machine locations, and mobile food service operations so that not 2,827
61
more than twelve months elapse between the standard inspections 2,828
of a particular operation. The critical control point 2,829
inspections required for class III food service operations shall 2,830
be scheduled so that not more than twelve months elapse between 2,831
the critical control point inspections of each operation. 2,832
(3) One of the standard inspections required for a class 2,834
II or class III food service operation may be eliminated if 2,835
either of the following is the case: 2,836
(a) A manager or other individual responsible on a regular 2,838
basis for that operation is certified in food protection under 2,839
section 3732.14 of the Revised Code; 2,840
(b) The operation is a seasonal food service operation. 2,842
(D) Standard and critical control point ALL inspections OF 2,844
FOOD SERVICE OPERATIONS CONDUCTED BY A LICENSOR UNDER THIS 2,845
CHAPTER shall be conducted ACCORDING TO THE PROCEDURES AND 2,846
SCHEDULE OF FREQUENCY SPECIFIED IN RULES ADOPTED UNDER SECTION 2,847
3717.51 OF THE REVISED CODE. AN INSPECTION MAY BE PERFORMED only 2,848
by AN INDIVIDUAL REGISTERED AS a sanitarian or
sanitarian-in-training registered under Chapter 4736. of the 2,850
Revised Code. Inspections EACH INSPECTION shall be recorded on a 2,852
form prescribed and furnished by the director of health or a form 2,853
prescribed by the licensor that has been approved by the director 2,854
THAT HAS BEEN PRESCRIBED BY A BOARD OF HEALTH ACTING AS LICENSOR. 2,855
WITH THE ASSISTANCE OF THE DIRECTOR, A BOARD ACTING AS LICENSOR, 2,857
TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE INSPECTION
PROCESS AND SHALL STANDARDIZE THE MANNER IN WHICH ITS INSPECTIONS 2,859
ARE CONDUCTED.
(E)(B) A licensee PERSON OR GOVERNMENT ENTITY HOLDING A 2,862
FOOD SERVICE OPERATION LICENSE shall permit the licensor to
inspect a THE food service operation for purposes of determining 2,864
compliance with this chapter and the rules adopted under it or 2,865
investigating a complaint regarding foodborne disease. 2,866
Inspections and investigations shall be conducted at times 2,867
determined by the licensor to be reasonable. On request, OF the 2,868
62
licensor, THE LICENSE HOLDER shall be permitted PERMIT THE 2,871
LICENSOR to examine the records of the food service operation to 2,872
obtain information about the purchase, receipt, or use of food, 2,873
supplies, and equipment. 2,874
A licensor may inspect any mobile food service operation or 2,876
catering food service operation being operated within the 2,877
licensor's district. If an inspection of a mobile or catering 2,878
food service operation is conducted by a licensor other than the 2,879
licensor that issued the license for the operation, a report of 2,880
the inspection shall be sent to the issuing licensor. The 2,881
issuing licensor may use the inspection report to suspend or 2,882
revoke the license under section 3732.11 3717.49 of the Revised 2,884
Code.
(C) AN INSPECTION MAY INCLUDE AN INVESTIGATION TO 2,886
DETERMINE THE IDENTITY AND SOURCE OF A PARTICULAR FOOD. 2,887
Sec. 3717.48. TRADE SECRETS AND OTHER FORMS OF INFORMATION 2,888
THAT, UNDER THIS CHAPTER, ARE REQUIRED TO BE FURNISHED TO OR ARE 2,889
PROCURED BY A LICENSOR OF FOOD SERVICE OPERATIONS SHALL BE FOR 2,890
THE EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE 2,891
DISCHARGE OF THE LICENSOR'S OFFICIAL DUTIES. THE INFORMATION 2,892
SHALL NOT BE OPEN TO THE PUBLIC OR USED IN ANY ACTION OR 2,893
PROCEEDING IN ANY COURT. IF THE LICENSOR IS A BOARD OF HEALTH, 2,894
THE BOARD MAY SHARE THE INFORMATION WITH THE DIRECTOR OF HEALTH 2,895
AND DIRECTOR OF AGRICULTURE. IF THE LICENSOR IS THE DIRECTOR OF 2,896
HEALTH, THE DIRECTOR MAY SHARE THE INFORMATION WITH THE DIRECTOR
OF AGRICULTURE. 2,897
THE LICENSOR SHALL MAINTAIN THE CONFIDENTIALITY OF THE 2,899
INFORMATION, EXCEPT THAT THE INFORMATION MAY BE CONSOLIDATED IN 2,900
STATISTICAL TABLES AND PUBLISHED BY THE LICENSOR IN STATISTICAL 2,901
FORM FOR THE USE AND INFORMATION OF STATE AND LOCAL AGENCIES AND 2,902
THE PUBLIC, IF THE STATISTICS DO NOT DISCLOSE DETAILS ABOUT A 2,903
PARTICULAR PERSON OR GOVERNMENT ENTITY THAT PROVIDED INFORMATION 2,904
TO THE LICENSOR. AN INDIVIDUAL EMPLOYED BY THE LICENSOR OR 2,905
ASSISTING THE LICENSOR IN THE ADMINISTRATION OF THE FOOD SERVICE 2,906
63
OPERATION LICENSING REQUIREMENTS OF THIS CHAPTER SHALL NOT 2,907
WILLFULLY DIVULGE ANY INFORMATION THAT IS CONFIDENTIAL UNDER THIS 2,908
SECTION TO ANY PERSON OR GOVERNMENT ENTITY OTHER THAN THE 2,909
LICENSOR OR THE INDIVIDUAL'S SUPERIOR. 2,910
Sec. 3732.11 3717.49. (A)(1) A licensor may suspend or 2,920
revoke a food service operation license on determining that a 2,922
licensee THE LICENSE HOLDER is in violation of any requirement of 2,924
this chapter or THE rules adopted under it APPLICABLE TO FOOD 2,925
SERVICE OPERATIONS, INCLUDING A VIOLATION EVIDENCED BY THE 2,926
DOCUMENTED FAILURE TO MAINTAIN SANITARY CONDITIONS WITHIN THE
OPERATION. Except 2,927
(B)(1) EXCEPT in the case of a violation that presents an 2,930
immediate danger to the public health, prior to initiating action 2,931
to suspend or revoke a FOOD SERVICE OPERATION license, the 2,932
licensor shall give the licensee LICENSE HOLDER written notice 2,934
specifying each violation and a reasonable time within which each 2,936
violation must be corrected to avoid suspension or revocation of 2,937
the licensee's food service operation license. The licensor may 2,938
extend the time specified in the notice for correcting a 2,939
violation if the licensee LICENSE HOLDER is making a good faith 2,941
effort to correct it.
If the licensee LICENSE HOLDER fails to correct the 2,943
violation in the time granted by the licensor, the licensor may 2,945
initiate action to suspend or revoke the licensee's food service 2,946
operation license by giving the licensee LICENSE HOLDER written 2,947
notice of the proposed suspension or revocation. The licensor 2,949
shall include in the notice a description of the procedure for 2,950
appealing the proposed suspension or revocation. The licensee 2,951
LICENSE HOLDER may appeal the proposed suspension or revocation 2,953
by giving written notice to the licensor. The licensee LICENSE 2,954
HOLDER shall specify in the notice whether a hearing is 2,956
requested. The appeal shall be conducted in accordance with 2,957
division (A)(B)(3) of this section.
Any action that may be taken by a licensor under division 2,959
64
(A)(B)(1) of this section may be taken by a health commissioner 2,961
or other person employed by the licensor if the person or health 2,962
commissioner is authorized by the licensor to take the action. 2,963
(2)(a) If actions are initiated to revoke or, except in 2,965
the case of a violation that presents an immediate danger to the 2,966
public health, to suspend a food service operation license, the 2,967
licensor shall determine whether to revoke or suspend the license 2,968
as follows: 2,969
(i) If the licensor is a board of health of a city or 2,971
general health district or the authority having the duties of a 2,972
board of health under section 3709.05 of the Revised Code, by a 2,973
majority vote of the members of the board or authority present at 2,974
a meeting at which there is a quorum; 2,975
(ii) If the director of health is acting as the licensor 2,977
pursuant to section 3732.09 of the Revised Code, by decision of 2,979
the director. 2,980
(b) If the licensor determines to revoke or suspend the 2,982
license, the licensor shall issue an order revoking or suspending 2,983
the license. 2,984
(3) An appeal made under division (A)(B)(1) of this 2,986
section shall be conducted in accordance with procedures 2,987
established in rules adopted by the director of health under 2,988
section 3732.13 3717.52 of the Revised Code. If a hearing is 2,990
requested, it shall be held prior to the issuance of an order 2,991
under division (A)(B)(2) of this section, but may be conducted at 2,993
the meeting at which issuance of the order is considered. 2,994
(B)(C)(1) On determining that a licensee LICENSE HOLDER is 2,997
in violation of any requirement of this chapter or THE rules 2,998
adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS and that 3,000
the violation presents an immediate danger to the public health, 3,001
the licensor may suspend the licensee's food service operation 3,002
license without giving written notice or affording the licensee 3,003
LICENSE HOLDER the opportunity to correct the violation. If the 3,004
licensee LICENSE HOLDER is operating a mobile or catering food 3,005
65
service operation, either the licensor that issued the license or 3,007
the licensor for the health district in which the operation is 3,008
being operated may suspend the license. 3,009
A suspension under division (B)(C)(1) of this section takes 3,011
effect immediately and remains in effect until the licensor lifts 3,012
the suspension. When a mobile food service operation license is 3,013
suspended under this division, the licensor that suspended the 3,014
license shall hold the license until the suspension is lifted and 3,015
the licensor receives from the licensee LICENSE HOLDER written 3,016
notice of the next location at which the licensee LICENSE HOLDER 3,018
proposes to operate the food service operation. 3,020
After suspending a license under division (B)(C)(1) of this 3,022
section, the licensor shall give the licensee LICENSE HOLDER 3,023
written notice of the procedure for appealing the suspension. 3,025
The licensee LICENSE HOLDER may appeal the suspension by giving 3,027
written notice to the licensor and specifying in the notice 3,028
whether a hearing is requested. The appeal shall be conducted in 3,029
accordance with division (B)(C)(2) of this section. 3,031
Any action that may be taken by a licensor under division 3,033
(B)(C)(1) of this section may be taken by a health commissioner 3,035
or person employed by a city in a position comparable to that of 3,036
health commissioner if the person or health commissioner is 3,037
authorized by the licensor to take the action. A person or 3,038
health commissioner that WHO suspends a license under this 3,039
authority may, on determining that there is no longer an 3,041
immediate danger to the public health, lift the suspension 3,042
without consulting the licensor. 3,043
(2)(a) If the licensee LICENSE HOLDER appeals a suspension 3,045
under division (B)(C)(1) of this section, the licensor shall 3,047
determine whether the immediate danger to the public health 3,049
continues to exist as follows: 3,050
(i) If the licensor is a board of health of a city or 3,052
general health district or the authority having the duties of a 3,053
board of health under section 3709.05 of the Revised Code, by 3,054
66
majority vote of the members of the board or authority present at 3,055
a meeting at which there is a quorum; 3,056
(ii) If the director of health is acting as the licensor 3,058
pursuant to section 3732.09 of the Revised Code, by decision of 3,060
the director. 3,061
(b) If the licensor determines that there is no longer an 3,063
immediate danger to the public health, the licensor shall lift 3,064
the suspension. If the licensor determines that the immediate 3,065
danger continues to exist, the licensor shall issue an order 3,066
continuing the suspension. 3,067
(3) An appeal requested under division (B)(C)(1) of this 3,069
section shall be conducted in accordance with procedures 3,070
established in rules adopted by the director of health under 3,071
section 3732.13 3717.52 of the Revised Code. If a hearing is 3,072
requested, it shall be held not later than two business days 3,074
after the request is received by the licensor. The hearing shall 3,075
be held prior to the issuance of an order under division 3,076
(B)(C)(2) of this section, but may be conducted at the meeting at 3,078
which issuance of the order is considered. In the case of a 3,079
suspension of a mobile or catering food service operation 3,080
license, the appeal shall be made to the licensor that suspended 3,081
the license.
(C)(D) A licensee LICENSE HOLDER may appeal an order 3,084
issued under division (A)(B) or (B)(C) of this section as 3,085
follows:
(1) If the order was issued by a board of health of a city 3,087
or general health district or the authority having the duties of 3,088
a board of health under section 3709.05 of the Revised Code, to 3,089
the common pleas court of the county in which the licensor is 3,090
located; 3,091
(2) If the order was issued by the director of health, to 3,093
the Franklin county court of common pleas. 3,094
Sec. 3732.12 3717.50. (A) As used in this section, 3,103
"prosecutor" has the same meaning as in section 2935.01 of the 3,105
67
Revised Code.
(B) No person shall fail to comply with any requirement of 3,107
this chapter. 3,108
(C) At the request of the licensor, the attorney general 3,110
or the prosecutor with jurisdiction in the area where WHEN a 3,111
person allegedly has violated division (B) of this section shall 3,112
commence 3717.41 OF THE REVISED CODE, a criminal prosecution 3,113
SHALL BE COMMENCED against the person. IF THE LICENSOR IS THE 3,115
DIRECTOR OF HEALTH, THE PROSECUTION SHALL BE COMMENCED BY THE 3,116
ATTORNEY GENERAL. IF THE LICENSOR IS A BOARD OF HEALTH, THE 3,117
PROSECUTION SHALL BE COMMENCED BY THE PROSECUTOR WITH 3,118
JURISDICTION IN THE AREA WHERE THE ALLEGED VIOLATION OCCURRED. 3,119
AT THE REQUEST OF A BOARD OF HEALTH ACTING AS LICENSOR, THE 3,120
DIRECTOR OF HEALTH SHALL PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN 3,122
THE PROSECUTION OF A PERSON WHO IS NOT IN COMPLIANCE WITH THE 3,123
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT 3,124
APPLICABLE TO FOOD SERVICE OPERATIONS. REQUESTS SHALL BE MADE 3,125
AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH RULES ADOPTED 3,126
BY THE DIRECTOR OF HEALTH UNDER SECTION 3717.52 OF THE REVISED
CODE.
(D)(C) At the request of the licensor, the attorney 3,128
general or the prosecutor with jurisdiction in the area where a 3,129
person or government entity allegedly has failed to comply with a 3,130
requirement of this chapter or the rules adopted under it 3,131
APPLICABLE TO FOOD SERVICE OPERATIONS shall commence in common 3,133
pleas court an action requesting the issuance of a temporary 3,134
restraining order or a preliminary or permanent injunction or a 3,135
mandamus action regarding the act of noncompliance. The court 3,136
may grant the appropriate relief on a showing IF IT IS SHOWN that 3,137
the respondent failed to comply with the requirement. 3,139
Notwithstanding the penalties established in section 3,141
2705.05 of the Revised Code, a person or government entity found 3,142
to be in contempt of court for failing to comply with a 3,143
restraining order, injunction, or writ of mandamus issued 3,144
68
pursuant to this division shall be fined not more than one 3,145
thousand dollars for each offense. Each day the noncompliance 3,146
continues is a separate offense. 3,147
(D) OF THE FINES COLLECTED UNDER THIS SECTION, IF THE 3,148
LICENSOR IS A BOARD OF HEALTH, FIFTY PER CENT SHALL BE DEPOSITED 3,150
IN AN APPROPRIATE FUND CREATED FOR THE BOARD'S USE IN 3,152
ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND THE RULES 3,153
ADOPTED UNDER IT APPLICABLE TO FOOD SERVICE OPERATIONS; IF THE 3,154
LICENSOR IS THE DIRECTOR OF HEALTH, FIFTY PER CENT SHALL BE
DEPOSITED IN THE GENERAL OPERATIONS FUND CREATED UNDER SECTION 3,155
3701.83 OF THE REVISED CODE. THE REMAINING FIFTY PER CENT SHALL 3,157
BE CREDITED TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN 3,158
WHICH THE CASE IS PROSECUTED. 3,159
(E) The remedies available under this section are in 3,161
addition to any other remedies available under the law. 3,162
Sec. 3732.02 3717.51. (A) The PURSUANT TO SECTION 3717.04 3,172
OF THE REVISED CODE, THE public health council shall adopt, and 3,174
has the exclusive power to adopt, rules of uniform application 3,175
throughout this state regarding the following FOOD SERVICE 3,176
OPERATIONS, AS FOLLOWS:
(1)(A) Licensing categories for food service operations 3,178
and licensing requirements for each category; 3,179
(2) Identification of factors contributing to foodborne 3,181
disease for use in classifying food service operations under 3,182
section 3732.08 of the Revised Code; 3,183
(3) Criteria for food service operation equipment, 3,185
including refrigerated bulk milk dispensers; 3,186
(4) Standards for sanitation; 3,188
(5) Criteria for approving plans for food service 3,190
operations; 3,191
(6) A definition of "potentially hazardous" as it applies 3,193
to food; 3,194
(7) Procedures and criteria to be used by the director of 3,196
health in approving courses of study for certification in food 3,197
69
protection under section 3732.14 of the Revised Code; 3,198
(8) Requirements an individual must meet to become 3,200
certified in food protection; 3,201
(9)(B) STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF 3,204
FREQUENCY, FOR CONDUCTING INSPECTIONS OF FOOD SERVICE OPERATIONS; 3,205
(C) STANDARDS AND PROCEDURES FOR CONDUCTING INVESTIGATIONS 3,207
OF COMPLAINTS PERTAINING TO FOOD SERVICE OPERATIONS; 3,208
(D) PROCEDURES TO BE USED BY THE DIRECTOR OF HEALTH IN 3,211
APPROVING COURSES OF STUDY FOR PERSONS SEEKING CERTIFICATION IN
FOOD PROTECTION, STANDARDS THAT MUST BE MET TO RECEIVE AND 3,213
MAINTAIN THE DIRECTOR'S APPROVAL, AND PROCEDURES FOR WITHDRAWING 3,214
THE DIRECTOR'S APPROVAL OF A COURSE IF THE STANDARDS FOR APPROVAL
ARE NO LONGER BEING MET; 3,215
(E) Standards for the provision of assistance to choking 3,218
victims; 3,219
(10)(F) Any other matter the council considers relevant to 3,221
the administration and enforcement of THE PROVISIONS OF this 3,222
chapter APPLICABLE TO FOOD SERVICE OPERATIONS. 3,223
(B) The public health council may adopt rules establishing 3,225
the number, composition, terms of office, and functions of any 3,226
food service advisory board the director establishes pursuant to 3,227
section 121.13 of the Revised Code. 3,228
(C) All rules adopted under this section shall be adopted 3,230
in accordance with Chapter 119. of the Revised Code. 3,231
Sec. 3732.13 3717.52. (A) The PURSUANT TO SECTION 3717.04 3,241
OF THE REVISED CODE, THE director of health shall adopt rules 3,243
establishing procedures for the following:
(1)(A) Appeals of proposed suspension or revocation of 3,245
food service operation licenses and appeals of suspension of 3,246
licenses issued for violations presenting immediate danger to the 3,247
public health; 3,248
(2)(B) Surveys conducted by the director to determine 3,251
whether boards of health of city or general health districts or 3,252
authorities having the duties of a board of health under section 3,253
70
3709.05 of the Revised Code are qualified AND HAVE THE CAPACITY 3,254
to administer and enforce THE PROVISIONS OF this chapter and the 3,256
rules adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS AND 3,257
TO ABIDE BY THE OHIO UNIFORM FOOD SAFETY CODE; 3,258
(3)(C) Reinstatement of a board or authority OF HEALTH as 3,261
a licensor after the director has revoked the approval of the 3,262
board or authority; 3,263
(D) PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A 3,265
BOARD OF HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A 3,266
PERSON FOR A VIOLATION OF THE PROVISIONS OF THIS CHAPTER 3,267
APPLICABLE TO FOOD SERVICE OPERATIONS;
(E) PROCEDURES FOR RESOLVING DISPUTES BETWEEN LICENSORS 3,270
AND THE HOLDERS OF LICENSES FOR FOOD SERVICE OPERATIONS.
(B) All rules adopted under this section shall be adopted 3,272
in accordance with Chapter 119. of the Revised Code. 3,273
Sec. 3732.99 3717.99. Whoever violates division (B) of 3,282
section 3732.12 3717.21 OR 3717.41 of the Revised Code is guilty 3,285
of a misdemeanor of the third degree on a first offense; for a 3,286
second offense or subsequent offense, such person is guilty of a 3,287
misdemeanor of the second degree. Each day the violation 3,288
continues is a separate offense. 3,289
Sec. 3724.03. (A) Application for a license to operate a 3,298
community alternative home shall be made by the operator to the 3,299
director of health on forms provided by the director. After 3,300
investigating the application and inspecting the home, the 3,301
director shall issue a license if he THE DIRECTOR determines that 3,303
the following requirements have been met: 3,304
(1) The home is in compliance with this chapter and rules 3,306
adopted by the public health council under section 3724.05 of the 3,307
Revised Code. 3,308
(2) The home meets the fire safety standards established 3,310
by rules adopted under section 3724.05 of the Revised Code and 3,311
has been inspected and approved by a certified electrical safety 3,312
inspector. 3,313
71
(3) The home complies with local zoning regulations. 3,315
(4) If applicable, the home has a valid food service 3,317
license issued under Chapter 3732 3717. of the Revised Code. 3,318
(5) The operator has not been convicted of a felony or a 3,320
crime involving moral turpitude. 3,321
(6) The operator has provided all documentation requested 3,323
by the director. 3,324
(7) The operator has developed policies for infection 3,326
control and for educating caregivers about acquired 3,327
immunodeficiency syndrome. 3,328
(8) The operator has paid the license fee established by 3,330
rule of the public health council under section 3724.05 of the 3,331
Revised Code. 3,332
At the request of the operator on a form furnished by the 3,334
director, the director, in accordance with rules adopted by the 3,335
public health council, may waive any licensing requirement 3,336
established by rule of the council if he THE DIRECTOR determines 3,337
that strict application of the requirement would cause undue 3,339
hardship to the home and that the grant of a waiver would not 3,340
jeopardize the health and safety of any resident of the home. 3,341
The waiver may be granted at the time of initial licensing or 3,342
renewal or during a licensing period and may be temporary or 3,343
permanent.
The license shall contain the name and address of the home 3,345
for which it is issued, the date of expiration of the license, 3,346
and the maximum number of residents that may be accommodated by 3,347
the home. A license is valid for two years from the date of 3,348
issuance. 3,349
Sections 3781.06 to 3781.18 and 3791.04 of the Revised Code 3,351
and building standards adopted pursuant to those sections do not 3,352
apply to any structure for which application is made for 3,353
licensure as a community alternative home unless the license is 3,354
denied. 3,355
(B) The director may issue a temporary license pending 3,357
72
completion of the licensing inspection if the application and 3,358
documentation meet the requirements of this chapter and the rules 3,359
adopted by the public health council. A temporary license is 3,360
valid for ninety days and may be renewed for an additional ninety 3,361
days. The director also may renew a temporary license for the 3,362
duration of proceedings under Chapter 119. of the Revised Code 3,363
regarding the denial of a license if he THE DIRECTOR determines 3,364
that the continued operation of the home will not jeopardize the 3,366
health or safety of the residents. 3,367
(C) Application for renewal of a license to operate a 3,369
community alternative home shall be made by the operator to the 3,370
director of health on forms provided by the director. In 3,371
addition to submitting the application and a fee in the amount 3,372
established by rules of the public health council, the operator 3,373
shall inform the director of any changes in the ownership or 3,374
structure of the buildings housing the home. If the electrical 3,375
wiring has been altered, the operator shall submit proof that the 3,376
alteration has been inspected and approved by a certified 3,377
electrical safety inspector. The director shall inspect the 3,378
facility and shall renew the license if he THE DIRECTOR 3,379
determines that the home complies with the requirements of this 3,380
chapter and the rules adopted by the public health council. 3,382
(D) In accordance with Chapter 119. of the Revised Code, 3,384
the director may deny, revoke, or refuse to issue or renew a 3,385
license or a temporary license for any community alternative home 3,386
that fails to comply with any requirement of this chapter or with 3,387
any rules adopted by the public health council. 3,388
Sec. 4303.021. Permit A-1-A may be issued to the holder of 3,397
an A-1 or A-2 permit to sell beer and any intoxicating liquor at 3,398
retail, only by the individual drink in glass or from a 3,399
container, provided such A-1-A permit premises are situated on 3,400
the same parcel or tract of land as the related A-1 or A-2 3,401
manufacturing permit premises or are separated therefrom only by 3,402
public streets or highways or by other lands owned by the holder 3,403
73
of the A-1 or A-2 permit and used by the holder in connection 3,405
with or in promotion of the holder's A-1 or A-2 permit business. 3,406
The fee for this permit is three thousand one hundred twenty-five 3,408
dollars. The holder of an A-1-A permit may sell beer and any 3,409
intoxicating liquor during the same hours as the holders of D-5 3,410
permits under this chapter or Chapter 4301. of the Revised Code 3,411
or the rules of the liquor control commission and shall obtain a 3,412
restaurant license pursuant to section 3732.03 3717.43 of the 3,413
Revised Code. 3,414
Except as otherwise provided in this section, no new A-1-A 3,416
permit shall be issued to the holder of an A-1 or A-2 permit 3,417
unless the sale of beer and intoxicating liquor under class D 3,418
permits is permitted in the precinct in which the A-1 or A-2 3,421
permit is located and, in the case of an A-2 permit, unless the 3,422
holder of the A-2 permit manufactures or has a storage capacity 3,423
of at least twenty-five thousand gallons of wine per year. The 3,424
immediately preceding sentence does not prohibit the issuance of 3,425
an A-1-A permit to an applicant for such a permit who is the 3,426
holder of an A-1 permit and whose application was filed with the 3,427
division of liquor control before June 1, 1994. The liquor 3,429
control commission shall not restrict the number of A-1-A permits 3,430
which may be located within a precinct.
Sec. 4303.13. Permit D-1 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, amusement 3,443
park, drugstore, lunch stand, boat, or vessel, and shall be 3,444
issued to a person described in division (B) of this section, to 3,445
sell beer at retail either in glass or container, for consumption 3,446
on the premises where sold; and, except as otherwise provided in 3,447
division (B) of this section, to sell beer at retail in other 3,448
receptacles or in original containers having a capacity of not 3,449
more than five and one-sixth gallons not for consumption on the 3,450
premises where sold. The fee for this permit is one hundred 3,451
eighty-eight dollars for each location, boat, or vessel.
74
Sec. 4303.14. Permit D-2 may be issued to the owner or 3,460
operator of a hotel or restaurant licensed pursuant to section 3,461
3732.03 3717.43 of the Revised Code, or of a club, boat, or 3,463
vessel, to sell wine and prepared and bottled cocktails,
cordials, and other mixed beverages manufactured and distributed 3,464
by holders of A-4 and B-4 permits at retail, either in glass or 3,465
container, for consumption on the premises where sold. The 3,466
holder of such permit may also sell wine and prepared and bottled 3,467
cocktails, cordials, and other mixed beverages in original 3,468
packages and not for consumption on the premises where sold or
for resale. The fee for this permit is two hundred eighty-two 3,469
dollars for each location, boat, or vessel. 3,470
Sec. 4303.15. Permit D-3 may be issued to the owner or 3,479
operator of a hotel or restaurant licensed pursuant to section 3,480
3732.03 3717.43 of the Revised Code, or a club, boat, or vessel, 3,482
to sell spirituous liquor at retail, only by the individual drink 3,483
in glass or from the container, for consumption on the premises 3,484
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 3,485
six hundred dollars for each location, boat, or vessel. 3,486
Sec. 4303.181. (A) Permit D-5a may be issued either to 3,496
the owner or operator of a hotel or motel required to be licensed 3,497
under section 3731.03 of the Revised Code containing at least 3,498
fifty rooms for registered transient guests, and which qualifies 3,499
under the other requirements of this section, or to the owner or 3,500
operator of a restaurant specified under this section to sell 3,501
beer and any intoxicating liquor at retail, only by the 3,502
individual drink in glass and from the container, for consumption 3,503
on the premises where sold, and to registered guests in their 3,504
rooms, which may be sold by means of a controlled access alcohol 3,505
and beverage cabinet in accordance with division (B) of section 3,506
4301.21 of the Revised Code; and to sell the same products in the 3,507
same manner and amounts not for consumption on the premises as 3,508
may be sold by holders of D-1 and D-2 permits. The premises of 3,509
75
the hotel or motel shall include a restaurant licensed pursuant 3,510
to section 3732.03 3717.43 of the Revised Code affiliated with 3,512
the hotel or motel and within or contiguous to the hotel or 3,513
motel, serving food within the hotel or motel, but the principal 3,514
business of the owner or operator of the hotel or motel shall be 3,515
the accommodation of transient guests. In addition to the 3,516
privileges authorized herein, the holder of a D-5a permit may 3,517
exercise the same privileges as the holder of a D-5 permit. 3,518
The owner or operator of a hotel, motel, or restaurant who 3,520
qualified for and held a D-5a permit on August 4, 1976, may, if 3,522
the owner or operator held another permit before holding a D-5a 3,523
permit, either retain a D-5a permit or apply for the permit 3,524
formerly held, and the division of liquor control shall issue the 3,525
permit for which the owner or operator applies and formerly held, 3,526
notwithstanding any quota.
A D-5a permit shall not be transferred to another location. 3,529
No quota restriction shall be placed on the number of such 3,530
permits which may be issued.
The fee for this permit is one thousand eight hundred 3,533
seventy-five dollars.
(B) Permit D-5b may be issued to the owner, operator, 3,536
tenant, lessee, or occupant of an enclosed shopping center to 3,537
sell beer and intoxicating liquor at retail, only by the 3,538
individual drink in glass and from the container, for consumption 3,539
on the premises where sold; and to sell the same products in the 3,540
same manner and amount not for consumption on the premises as may 3,541
be sold by holders of D-1 and D-2 permits. In addition to the 3,542
privileges authorized in this section, the holder of a D-5b 3,543
permit may exercise the same privileges as a holder of a D-5 3,544
permit.
A D-5b permit shall not be transferred to another location. 3,547
One D-5b permit may be issued at an enclosed shopping 3,550
center containing at least two hundred twenty-five thousand, but 3,551
less than four hundred thousand, square feet of floor area. 3,552
76
Two D-5b permits may be issued at an enclosed shopping 3,555
center containing at least four hundred thousand square feet of 3,556
floor area. No more than one D-5b permit may be issued at an 3,557
enclosed shopping center for each additional two hundred thousand 3,558
square feet of floor area or fraction thereof, up to a maximum of 3,559
five D-5b permits for each enclosed shopping center. The number 3,560
of D-5b permits that may be issued at an enclosed shopping center 3,561
shall be determined by subtracting the number of D-3 and D-5 3,562
permits issued in the enclosed shopping center from the number of 3,563
D-5b permits that otherwise may be issued at the enclosed 3,564
shopping center under the formulas provided in this division. 3,565
Except as provided in this section, no quota shall be placed on 3,566
the number of D-5b permits that may be issued. Notwithstanding 3,567
any quota provided in this section, the holder of any D-5b permit 3,568
first issued in accordance with this section is entitled to its 3,569
renewal in accordance with section 4303.271 of the Revised Code. 3,570
The holder of a D-5b permit issued before April 4, 1984, 3,573
whose tenancy is terminated for a cause other than nonpayment of 3,574
rent, may return the D-5b permit to the division of liquor 3,576
control and the division shall cancel that permit. Upon 3,578
cancellation of that permit and upon the permit holder's payment 3,579
of taxes, contributions, premiums, assessments, and other debts 3,580
owing or accrued upon the date of cancellation to this state and 3,581
its political subdivisions and a filing with the division of a 3,582
certification thereof, the division shall issue to that person 3,584
either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that 3,586
person requests. The division shall issue the D-5 permit, or the 3,588
D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3, 3,589
or D-5 permits currently issued in the municipal corporation or 3,590
in the unincorporated area of the township where that person's 3,591
proposed premises is located equals or exceeds the maximum number 3,592
of such permits that can be issued in that municipal corporation 3,593
or in the unincorporated area of that township under the 3,594
population quota restrictions contained in section 4303.29 of the 3,595
77
Revised Code. Any such D-1, D-2, D-3, or D-5 permit so issued 3,596
shall not be transferred to another location. If a D-5b permit 3,597
is canceled under the provisions of this paragraph, the number of 3,598
D-5b permits that may be issued at the enclosed shopping center 3,599
for which the D-5b permit was issued, under the formula provided 3,600
in this division, shall be reduced by one if the enclosed 3,601
shopping center was entitled to more than one D-5b permit under 3,602
the formula. 3,603
The fee for this permit is one thousand eight hundred 3,606
seventy-five dollars.
(C) Permit D-5c may be issued either to the owner or 3,609
operator of a restaurant licensed pursuant to section 3732.03 3,610
3717.43 of the Revised Code, and which qualifies under the other 3,612
requirements of this section to sell beer and any intoxicating 3,613
liquor at retail, only by the individual drink in glass and from 3,614
the container, for consumption on the premises where sold, and to 3,615
sell the same products in the same manner and amounts not for 3,616
consumption on the premises as may be sold by holders of D-1 and 3,617
D-2 permits. In addition to the privileges authorized herein, 3,618
the holder of a D-5c permit may exercise the same privileges as 3,619
the holder of a D-5 permit.
To qualify for a D-5c permit, the owner or operator of a 3,622
restaurant licensed pursuant to section 3732.03 3717.43 of the 3,623
Revised Code shall have operated the restaurant at the proposed 3,625
premises for not less than twenty-four consecutive months 3,626
immediately preceding the filing of an application therefor, have 3,627
applied for a D-5 permit no later than December 31, 1988, and 3,628
appear on the division's quota waiting list for not less than six 3,629
months immediately preceding the filing of an application 3,630
therefor. In addition to these requirements, the proposed D-5c 3,631
permit premises shall be located within a municipal corporation 3,632
and further within an election precinct which, at the time of the 3,634
applications, has no more than twenty-five per cent of its total 3,635
land area zoned for residential use. 3,636
78
A D-5c permit shall not be transferred to another location. 3,639
No quota restriction shall be placed on the number of such 3,640
permits which may be issued.
Any person who has held a D-5c permit for at least two 3,643
years may apply for a D-5 permit, and the division of liquor 3,644
control shall issue the D-5 permit notwithstanding the quota 3,645
restrictions contained in section 4303.29 of the Revised Code or 3,646
in any rule of the liquor control commission. 3,647
The fee for this permit is one thousand two hundred fifty 3,650
dollars.
(D) Permit D-5d may be issued to either the owner or 3,653
operator of a restaurant that is licensed pursuant to section 3,654
3732.03 3717.43 of the Revised Code and located at an airport 3,656
operated by a board of county commissioners pursuant to section 3,657
307.20 of the Revised Code or at an airport operated by a
regional airport authority pursuant to Chapter 308. of the 3,658
Revised Code. Not more than one D-5d permit shall be issued in 3,659
each county. The holder of a D-5d permit may sell beer and any 3,660
intoxicating liquor at retail, only by the individual drink in 3,661
glass and from the container, for consumption on the premises 3,662
where sold, and may sell the same products in the same manner and 3,663
amounts not for consumption on the premises where sold as may be 3,664
sold by the holders of D-1 and D-2 permits. In addition to the 3,665
privileges authorized in this division, the holder of a D-5d 3,666
permit may exercise the same privileges as the holder of a D-5 3,667
permit. 3,668
A D-5d permit shall not be transferred to another location. 3,671
Except as otherwise provided in this division, no quota 3,672
restrictions shall be placed on the number of such permits which 3,673
may be issued.
The fee for this permit is one thousand eight hundred 3,676
seventy-five dollars.
(E) Permit D-5e may be issued to any nonprofit 3,679
organization that is exempt from federal income taxation under 3,680
79
"The Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 3,681
501(c)(3), as amended, or that is a charitable organization under 3,682
any chapter of the Revised Code, and that owns or operates a 3,683
riverboat which meets all of the following:
(1) Is permanently docked at one location; 3,686
(2) Is designated as an historical riverboat by the Ohio 3,689
historical society;
(3) Contains not less than fifteen hundred square feet of 3,692
floor area;
(4) Has a seating capacity of fifty or more persons. 3,695
The holder of a D-5e permit may sell beer and intoxicating 3,698
liquor at retail, only by the individual drink in glass and from 3,699
the container, for consumption on the premises where sold. 3,700
A D-5e permit shall not be transferred to another location. 3,703
No quota restriction shall be placed on the number of such 3,704
permits which may be issued. The population quota restrictions 3,705
contained in section 4303.29 of the Revised Code or in any rule 3,706
of the liquor control commission shall not apply to this division 3,707
and the division shall issue a D-5e permit to any applicant who 3,709
meets the requirements of this division. However, the division 3,710
shall not issue a D-5e permit if the permit premises or proposed 3,712
permit premises are located within an area in which the sale of 3,713
spirituous liquor by the glass is prohibited. 3,714
The fee for this permit is nine hundred seventy-five 3,717
dollars.
(F) Permit D-5f may be issued to either the owner or the 3,720
operator of a food service operation licensed under section 3,721
3732.03 3717.43 of the Revised Code that meets all of the 3,723
following:
(1) Contains not less than twenty-five hundred square feet 3,726
of floor area;
(2) Is located on or in, or immediately adjacent to, the 3,729
shoreline of, a navigable river;
(3) Provides docking space for twenty-five boats; 3,732
80
(4) Provides entertainment and recreation, provided that 3,735
not less than fifty per cent of the business on the permit 3,736
premises shall be preparing and serving meals for a 3,737
consideration.
In addition, each application for a D-5f permit shall be 3,740
accompanied by a certification from the local legislative 3,741
authority that the issuance of the D-5f permit is not 3,742
inconsistent with that political subdivision's comprehensive 3,743
development plan or other economic development goal as officially 3,744
established by the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating 3,747
liquor at retail, only by the individual drink in glass and from 3,748
the container, for consumption on the premises where sold. 3,749
A D-5f permit shall not be transferred to another location. 3,752
No more than fifteen D-5f permits shall be issued by the division 3,753
of liquor control, and no more than two such permits shall be 3,755
issued in any county. However, the division shall not issue a 3,756
D-5f permit if the permit premises or proposed permit premises 3,758
are located within an area in which the sale of spirituous liquor 3,759
by the glass is prohibited. 3,760
A fee for this permit is one thousand eight hundred 3,763
seventy-five dollars.
As used in this division, "navigable river" means a river 3,766
which is also a "navigable water" as that term is defined in the 3,767
"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 3,768
(G) Permit D-5g may be issued to a nonprofit corporation 3,771
that is either the owner or the operator of a national 3,772
professional sports museum. The holder of a D-5g permit may sell 3,773
beer and any intoxicating liquor at retail, only by the 3,774
individual drink in glass and from the container, for consumption 3,775
on the premises where sold. The holder of a D-5g permit shall 3,776
sell no beer or intoxicating liquor for consumption on the 3,777
premises where sold after one a.m. A D-5g permit shall not be 3,778
transferred to another location. No quota restrictions shall be 3,779
81
placed on the number of D-5g permits that may be issued. The fee
for this permit is one thousand five hundred dollars. 3,780
(H) Permit D-5h may be issued to any nonprofit 3,782
organization that is exempt from federal income taxation under 3,783
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 3,784
501(c)(3), as amended, that owns or operates a fine arts museum 3,785
and has no less than five thousand bona fide members possessing 3,786
full membership privileges. The holder of a D-5h permit may sell 3,787
beer and any intoxicating liquor at retail, only by the 3,788
individual drink in glass and from the container, for consumption 3,789
on the premises where sold. The holder of a D-5h permit shall 3,790
sell no beer or intoxicating liquor for consumption on the 3,791
premises where sold after one a.m. A D-5h permit shall not be 3,792
transferred to another location. No quota restrictions shall be 3,793
placed on the number of D-5h permits that may be issued. The fee 3,794
for this permit is one thousand five hundred dollars. 3,795
(I) Permit D-5i may be issued to either the owner or the 3,797
operator of a food service operation licensed under section 3,798
3732.03 3717.43 of the Revised Code that meets all of the 3,799
following requirements: 3,801
(1) It is located in a municipal corporation or a township 3,803
with a population of fifty thousand or less; 3,804
(2) It has inside seating capacity for at least one 3,806
hundred forty persons; 3,807
(3) It has at least five thousand square feet of floor 3,809
area; 3,810
(4) It offers full-course meals, appetizers, and 3,812
sandwiches; 3,813
(5) Its receipts from beer and liquor sales do not exceed 3,815
twenty-five per cent of its total gross receipts; 3,816
(6) The value of its real and personal property exceeds 3,818
nine hundred twenty-five thousand dollars. 3,820
The holder of a D-5i permit shall cause an independent 3,822
audit to be performed at the end of one full year of operation 3,823
82
following issuance of the permit, in order to verify the 3,824
requirements of division (I)(5) of this section. The results of 3,825
the independent audit shall be transmitted to the division. Upon 3,827
determining that the receipts of the holder from beer and liquor 3,828
sales exceeded twenty-five per cent of its total gross receipts, 3,829
the division shall suspend the permit of the permit holder under 3,831
section 4301.25 of the Revised Code and may allow the permit 3,832
holder to elect a forfeiture under section 4301.252 of the 3,833
Revised Code.
The holder of a D-5i permit may sell beer and any 3,835
intoxicating liquor at retail, only by the individual drink in 3,836
glass and from the container, for consumption on the premises 3,837
where sold, and may sell the same products in the same manner and 3,838
amounts not for consumption on the premises where sold as may be 3,839
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 3,840
permit shall sell no beer or intoxicating liquor for consumption 3,841
on the premises where sold after two-thirty a.m. In addition to 3,842
the privileges authorized in division (I) of this section, the 3,843
holder of a D-5i permit may exercise the same privileges as the 3,844
holder of a D-5 permit. 3,845
A D-5i permit shall not be transferred to another location. 3,847
The division of liquor control shall not renew a D-5i permit 3,849
unless the food service operation for which it is issued 3,850
continues to meet the requirements described in divisions (I)(1) 3,851
to (6) of this section. No quota restrictions shall be placed on 3,852
the number of D-5i permits that may be issued. The fee for this 3,853
permit is one thousand eight hundred seventy-five dollars. 3,854
Sec. 4303.182. Except as otherwise provided in this 3,864
section, permit D-6 shall be issued to the holder of an A-1-A, 3,865
A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, 3,866
D-5f, D-5g, D-5h, D-5i, or D-7 permit to allow sale under such 3,867
permit between the hours of one p.m. and midnight on Sunday, if 3,868
such sale has been authorized under section 4301.361 of the 3,869
Revised Code and under the restrictions of such authorization. 3,870
83
Permit D-6 shall be issued to the holder of any permit, including 3,871
a D-4a and D-5d permit, authorizing the sale of intoxicating 3,872
liquor issued for a premises located at any publicly owned 3,873
airport, as defined in section 4563.01 of the Revised Code, at 3,874
which commercial airline companies operate regularly scheduled 3,875
flights on which space is available to the public, to allow sale 3,876
under such permit between the hours of one p.m. and midnight on 3,877
Sunday, whether or not such sale has been authorized under 3,878
section 4301.361 of the Revised Code. Permit D-6 shall be issued 3,879
to the holder of a D-5a permit, and to the holder of a D-3 or 3,880
D-3a permit who is the owner or operator of a hotel or motel 3,881
required to be licensed under section 3731.03 of the Revised Code 3,882
containing at least fifty rooms for registered transient guests 3,883
and which has on its premises a restaurant licensed pursuant to 3,884
section 3732.03 3717.43 of the Revised Code affiliated with the 3,886
hotel or motel and within or contiguous to the hotel or motel and 3,887
serving food within the hotel or motel, to allow sale under such 3,888
permit between the hours of one p.m. and midnight on Sunday, 3,889
whether or not such sale has been authorized under section 3,890
4301.361 of the Revised Code.
If the restriction to licensed premises where the sale of 3,893
food and other goods and services exceeds fifty per cent of the 3,894
total gross receipts of the permit holder at the premises is 3,895
applicable, the division of liquor control may accept an 3,896
affidavit from the permit holder to show the proportion of the 3,897
permit holder's gross receipts derived from the sale of food and 3,898
other goods and services. If the liquor control commission 3,899
determines such affidavit to have been false, it shall revoke the 3,900
permits of the permit holder at the premises concerned. 3,901
The fee for the D-6 permit is two hundred fifty dollars 3,904
when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, 3,905
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, 3,906
D-5i, or D-7 permit. The fee for the D-6 permit is two hundred 3,907
dollars when it is issued to the holder of a C-2 permit. 3,908
84
Sec. 4303.183. Permit D-7 may be issued to the holder of 3,918
any D-2 permit issued by the division of liquor control, or if 3,920
there is an insufficient number of D-2 permit holders to fill the 3,921
resort quota, to the operator of a food service operation 3,922
required to be licensed under section 3732.03 3717.43 of the 3,923
Revised Code and which qualifies under the other requirements of 3,925
this section, to sell beer and any intoxicating liquor at retail, 3,926
only by the individual drink in glass and from the container, for 3,927
consumption on the premises where sold. Not less than fifty per 3,928
cent of the business on the permit premises shall be preparing 3,929
and serving meals for a consideration in order to qualify for and 3,930
continue to hold such D-7 permit. The permit premises shall be 3,931
located in a resort area.
"Resort area" means a municipal corporation, township, 3,934
county, or any combination thereof, which provides entertainment, 3,935
recreation, and transient housing facilities specifically 3,936
intended to provide leisure time activities for persons other 3,937
than those whose permanent residence is within the "resort area" 3,938
and who increase the population of the "resort area" on a 3,939
seasonal basis, and which experiences seasonal peaks of 3,940
employment and governmental services as a direct result of 3,941
population increase generated by the transient, recreating 3,942
public. A resort season shall begin on the first day of May and 3,943
end on the last day of October. Notwithstanding section 4303.27 3,944
of the Revised Code, such permits may be issued for resort 3,945
seasons without regard to the calendar year or permit year. 3,946
Quota restrictions on the number of such permits shall take into 3,947
consideration the transient population during the resort season, 3,948
the custom and habits of visitors and tourists, and the promotion 3,949
of the resort and tourist industry. The fee for this permit is 3,950
three hundred seventy-five dollars per month.
Any suspension of a D-7 permit shall be satisfied during 3,953
the resort season in which such suspension becomes final. If 3,954
such suspension becomes final during the off-season, or if the 3,955
85
period of the suspension extends beyond the last day of October, 3,956
the suspension or remainder thereof shall be satisfied during the 3,957
next resort season.
The ownership of a D-7 permit may be transferred from one 3,960
permit holder to another. The holder of a D-7 permit may file an 3,961
application to transfer such permit to a new location within the 3,962
same resort area, provided that such permit holder shall be the 3,963
owner or operator of a food service operation, required to be 3,964
licensed under section 3732.03 3717.43 of the Revised Code, at 3,966
such new location.
Sec. 4736.01. As used in sections 4736.01 to 4736.16 of 3,975
the Revised Code THIS CHAPTER: 3,976
(A) "Environmental health science" means the aspect of 3,978
public health science that includes, but is not limited to, the 3,979
following bodies of knowledge: air quality, food quality and 3,980
protection, hazardous and toxic substances, consumer product 3,981
safety, housing, institutional health and safety, community noise 3,982
control, radiation protection, recreational facilities, solid and 3,983
liquid waste management, vector control, drinking water quality, 3,984
milk sanitation, and rabies control. 3,985
(B) "Sanitarian" means a person who performs for 3,987
compensation educational, investigational, technical, or 3,988
administrative duties requiring specialized knowledge and skills 3,989
in the field of environmental health science. 3,990
(C) "Registered sanitarian" means a person who is 3,992
registered as a sanitarian in accordance with Chapter 4736. of 3,993
the Revised Code. 3,994
(D) "Sanitarian-in-training" means a person who is 3,996
registered as a sanitarian-in-training in accordance with Chapter 3,997
4736. of the Revised Code. 3,998
(E) "Practice of environmental health" means consultation, 4,000
instruction, investigation, inspection, or evaluation by an 4,001
employee of a city health district, a general health district, 4,002
the Ohio environmental protection agency, the department of 4,003
86
health, or the department of agriculture requiring specialized 4,004
knowledge, training, and experience in the field of environmental 4,005
health science, with the primary purpose of improving or 4,006
conducting administration or enforcement under any of the 4,007
following: 4,008
(1) Chapter 911., 913., 917., 3717., 3721., 3732., or 4,010
3733. of the Revised Code; 4,011
(2) Chapter 3734. of the Revised Code as it pertains to 4,013
solid waste; 4,014
(3) Section 955.26, 3701.344, 3707.01, or 3707.03, 4,016
sections 3707.33 to 3707.99, or section 3715.21 of the Revised 4,018
Code;
(4) Rules adopted under section 3701.34 of the Revised 4,020
Code pertaining to home sewage, rabies control, or swimming 4,021
pools. 4,022
"Practice of environmental health" does not include 4,024
sampling, testing, controlling of vectors, reporting of 4,025
observations, or other duties that do not require application of 4,026
specialized knowledge and skills in environmental health science 4,027
performed under the supervision of a registered sanitarian. 4,028
The state board of sanitarian registration may further 4,030
define environmental health science in relation to specific 4,031
functions in the practice of environmental health through rules 4,032
adopted by the board under Chapter 119. of the Revised Code. 4,033
Sec. 4745.01. (A) "Standard renewal procedure," as used 4,042
in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., 4,043
927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731., 4,044
3742., 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4,045
4169., 4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4,046
4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4,047
4741., 4747., 4749., 4753., 4755., 4757., 4759., 4761., 4766., 4,048
4773., and 4775. of the Revised Code, means the license renewal 4,049
procedures specified in this chapter. 4,050
(B) "Licensing agency," as used in this chapter, means any 4,052
87
department, division, board, section of a board, or other state 4,053
governmental unit subject to the standard renewal procedure, as 4,054
defined in this section, and authorized by the Revised Code to 4,055
issue a license to engage in a specific profession, occupation, 4,056
or occupational activity, or to have charge of and operate 4,057
certain specified equipment, machinery, or premises. 4,058
(C) "License," as used in this chapter, means a license, 4,060
certificate, permit, card, or other authority issued or conferred 4,061
by a licensing agency by authority of which the licensee has or 4,062
claims the privilege to engage in the profession, occupation, or 4,063
occupational activity, or to have control of and operate certain 4,064
specific equipment, machinery, or premises, over which the 4,065
licensing agency has jurisdiction. 4,066
(D) "Licensee," as used in this chapter, means either the 4,068
person to whom the license is issued or renewed by a licensing 4,069
agency, or the person, partnership, or corporation at whose 4,070
request the license is issued or renewed. 4,071
(E) "Renewal" and "renewed," as used in this chapter and 4,073
in the chapters of the Revised Code specified in division (A) of 4,074
this section, includes the continuing licensing procedure 4,075
provided in Chapter 3748. of the Revised Code and rules adopted 4,077
under it and in sections 1321.05 and 3921.33 of the Revised Code, 4,078
and as applied to those continuing licenses any reference in this 4,080
chapter to the date of expiration of any license shall be 4,081
construed to mean the due date of the annual or other fee for the 4,082
continuing license.
Sec. 5104.05. (A) The director of human services shall 4,091
issue a provisional license or license or renew a license for the 4,092
operation of a child day-care center, if he THE DIRECTOR finds, 4,093
after investigation of the applicant and inspection of the 4,095
center, that other requirements of Chapter 5104. of the Revised 4,096
Code, rules promulgated pursuant to Chapter 5104. of the Revised 4,097
Code, and the following requirements are met: 4,098
(1) The buildings in which the center is housed, 4,100
88
subsequent to any major modification, have been approved by the 4,101
department of commerce or a certified municipal, township, or 4,103
county building department for the purpose of operating a child 4,104
day-care center. Any structure used for the operation of a 4,105
center shall be constructed, equipped, repaired, altered, and 4,106
maintained in accordance with applicable provisions of Chapters 4,107
3781. and 3791. of the Revised Code and with regulations adopted 4,108
by the board of building standards under Chapter 3781. of the 4,109
Revised Code and this division for the safety and sanitation of 4,110
structures erected for this purpose.
(2) The state fire marshal or the fire chief or fire 4,112
prevention officer of the municipal corporation or township in 4,113
which the center is located has inspected the center annually 4,114
within the preceding license period and has found the center to 4,115
be in compliance with rules promulgated by the fire marshal 4,116
pursuant to section 3737.83 of the Revised Code regarding fire 4,117
prevention and fire safety in a child day-care center. 4,118
(3) The center has received from the board of health of 4,120
the health district in which it is located or the state 4,121
department of health a current FOOD SERVICE OPERATION license 4,123
permitting the preparation or serving of meals or lunches, as 4,124
provided in UNDER Chapter 3732 3717. of the Revised Code and any 4,127
relevant regulations adopted by the public health council. If a 4,128
meal is IF MEALS ARE to be served to children other than children 4,130
of the licensee or administrator, the preparation and serving of 4,131
food in a child day-care center is included in the meaning of 4,132
"food service operation" under section 3732.01 of the Revised 4,133
Code, whether or not a consideration is received for such food 4,134
THE MEALS.
(B) The director of human services shall issue a 4,136
provisional license or license or renew a license for the 4,137
operation of a type A family day-care home, if he THE DIRECTOR 4,138
finds, after investigation of the applicant and inspection of the 4,140
type A home, that other requirements of Chapter 5104. of the 4,141
89
Revised Code, rules promulgated pursuant to Chapter 5104. of the 4,142
Revised Code, and the following requirements are met: 4,143
(1) The state fire marshal or the fire chief or fire 4,145
prevention officer of the municipal corporation or township in 4,146
which the type A family day-care home is located has inspected 4,147
the type A home annually within the preceding license period and 4,148
has found the type A home to be in compliance with rules 4,149
promulgated by the fire marshal pursuant to section 3737.83 of 4,150
the Revised Code regarding fire prevention and fire safety in a 4,151
type A home. 4,152
(2) The type A home is in compliance with rules set by the 4,154
director of human services in cooperation with the director of 4,155
health pursuant to section 3701.80 of the Revised Code regarding 4,156
meal preparation and meal service in the home. The director of 4,157
human services, in accordance with procedures recommended by the 4,158
director of health, shall inspect each type A home to determine 4,159
compliance with those rules. 4,160
(3) The type A home is in compliance with rules 4,162
promulgated by the director of human services in cooperation with 4,163
the board of building standards regarding safety and sanitation 4,164
pursuant to section 3781.10 of the Revised Code. 4,165
Sec. 5104.051. (A)(1) The department of commerce is 4,174
responsible for the inspections of child day-care centers as 4,176
required by division (A)(1) of section 5104.05 of the Revised 4,177
Code. Where there is a municipal, township, or county building 4,178
department certified under section 3781.10 of the Revised Code to 4,179
exercise enforcement authority with respect to the category of 4,180
building occupancy which includes day-care centers, all 4,181
inspections required under division (A)(1) of section 5104.05 of 4,182
the Revised Code shall be made by that department according to 4,183
the standards established by the board of building standards. 4,184
Inspections in areas of the state where there is no municipal, 4,185
township, or county building department certified under section 4,186
3781.10 of the Revised Code to exercise enforcement authority 4,187
90
with respect to the category of building occupancy which includes 4,188
day-care centers shall be made by personnel of the department of 4,189
commerce. Inspections of centers shall be contingent upon 4,191
payment of a fee by the applicant to the department having 4,192
jurisdiction to inspect.
(2) The department of commerce is responsible for the 4,195
inspections of type A family day-care homes as required by 4,196
division (B)(3) of section 5104.05 of the Revised Code. Where
there is a municipal, township, or county building department 4,197
certified under section 3781.10 of the Revised Code to exercise 4,198
enforcement authority with respect to the category of building 4,199
occupancy which includes type A homes, all inspections required 4,200
under division (B)(3) of section 5104.05 of the Revised Code 4,201
shall be made by that department according to the standards 4,202
established by the board of building standards. Inspections in 4,203
areas of the state where there is no municipal, township, or 4,204
county building department certified under section 3781.10 of the 4,205
Revised Code to exercise enforcement authority with respect to 4,206
the category of building occupancy which includes type A homes 4,207
shall be made by personnel of the department of commerce. 4,209
Inspections of type A homes shall be contingent upon payment of a 4,211
fee by the applicant to the department having jurisdiction to 4,212
inspect.
(B) The state fire marshal is responsible for the 4,214
inspections required by divisions (A)(2) and (B)(1) of section 4,215
5104.05 of the Revised Code. In municipal corporations and in 4,216
townships outside municipal corporations where there is a fire 4,217
prevention official, the inspections shall be made by the fire 4,218
chief or the fire prevention official under the supervision of 4,219
and according to the standards established by the state fire 4,220
marshal. In townships outside municipal corporations where there 4,221
is no fire prevention official, inspections shall be made by the 4,222
employees of the state fire marshal. 4,223
(C) The fire marshal shall enforce all statutes and rules 4,225
91
pertaining to fire safety and fire prevention in child day-care 4,226
centers and type A family day-care homes. In the event of a 4,227
dispute between the marshal and any other responsible officer 4,228
under sections 5104.05 and 5104.051 of the Revised Code with 4,229
respect to the interpretation or application of a specific fire 4,230
safety statute or rule, the interpretation of the marshal shall 4,231
prevail. 4,232
(D) As used in this division, "licensor" has the same 4,234
meaning as in section 3732.01 3717.01 of the Revised Code. 4,235
The licensor for FOOD SERVICE OPERATIONS IN the city or 4,237
general health district in which the center is located is 4,238
responsible for the inspections required under Chapter 3732 3717. 4,239
of the Revised Code.
(E) Any moneys collected by the department of commerce 4,241
under this section shall be paid into the state treasury to the 4,242
credit of the industrial compliance operating fund created in 4,243
section 121.084 of the Revised Code. 4,244
Sec. 5739.02. For the purpose of providing revenue with 4,253
which to meet the needs of the state, for the use of the general 4,254
revenue fund of the state, for the purpose of securing a thorough 4,255
and efficient system of common schools throughout the state, for 4,256
the purpose of affording revenues, in addition to those from 4,257
general property taxes, permitted under constitutional 4,258
limitations, and from other sources, for the support of local 4,259
governmental functions, and for the purpose of reimbursing the 4,260
state for the expense of administering this chapter, an excise 4,261
tax is hereby levied on each retail sale made in this state. 4,262
(A) The tax shall be collected pursuant to the schedules 4,264
in section 5739.025 of the Revised Code. 4,265
The tax applies and is collectible when the sale is made, 4,267
regardless of the time when the price is paid or delivered. 4,268
In the case of a sale, the price of which consists in whole 4,270
or in part of rentals for the use of the thing transferred, the 4,271
tax, as regards such rentals, shall be measured by the 4,272
92
installments thereof. 4,273
In the case of a sale of a service defined under division 4,275
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 4,276
which consists in whole or in part of a membership for the 4,277
receipt of the benefit of the service, the tax applicable to the 4,278
sale shall be measured by the installments thereof. 4,279
(B) The tax does not apply to the following: 4,281
(1) Sales to the state or any of its political 4,283
subdivisions, or to any other state or its political subdivisions 4,284
if the laws of that state exempt from taxation sales made to this 4,285
state and its political subdivisions; 4,286
(2) Sales of food for human consumption off the premises 4,288
where sold; 4,289
(3) Sales of food sold to students only in a cafeteria, 4,291
dormitory, fraternity, or sorority maintained in a private, 4,292
public, or parochial school, college, or university; 4,293
(4) Sales of newspapers, and of magazine subscriptions 4,295
shipped by second class mail, and sales or transfers of magazines 4,296
distributed as controlled circulation publications; 4,297
(5) The furnishing, preparing, or serving of meals without 4,299
charge by an employer to an employee provided the employer 4,300
records the meals as part compensation for services performed or 4,301
work done; 4,302
(6) Sales of motor fuel upon receipt, use, distribution, 4,305
or sale of which in this state a tax is imposed by the law of 4,306
this state, but this exemption shall not apply to the sale of 4,307
motor fuel on which a refund of the tax is allowable under 4,308
section 5735.14 of the Revised Code; and the tax commissioner may 4,309
deduct the amount of tax levied by this section applicable to the 4,310
price of motor fuel when granting a refund of motor fuel tax 4,311
pursuant to section 5735.14 of the Revised Code and shall cause 4,312
the amount deducted to be paid into the general revenue fund of 4,313
this state;
(7) Sales of natural gas by a natural gas company, of 4,315
93
electricity by an electric company, of water by a water-works 4,316
company, or of steam by a heating company, if in each case the 4,317
thing sold is delivered to consumers through wires, pipes, or 4,318
conduits, and all sales of communications services by a telephone 4,319
or telegraph company, all terms as defined in section 5727.01 of 4,320
the Revised Code; 4,321
(8) Casual sales by a person, or auctioneer employed 4,323
directly by the person to conduct such sales, except as to such 4,325
sales of motor vehicles, watercraft or outboard motors required 4,326
to be titled under section 1548.06 of the Revised Code, 4,327
watercraft documented with the United States coast guard, 4,328
snowmobiles, and all-purpose vehicles as defined in section 4,329
4519.01 of the Revised Code; 4,330
(9) Sales of services or tangible personal property, other 4,332
than motor vehicles, mobile homes, and manufactured homes, by 4,334
churches or by nonprofit organizations operated exclusively for 4,335
charitable purposes as defined in division (B)(12) of this 4,336
section, provided that the number of days on which such tangible 4,337
personal property or services, other than items never subject to 4,338
the tax, are sold does not exceed six in any calendar year. If 4,339
the number of days on which such sales are made exceeds six in 4,340
any calendar year, the church or organization shall be considered 4,341
to be engaged in business and all subsequent sales by it shall be 4,342
subject to the tax. In counting the number of days, all sales by 4,343
groups within a church or within an organization shall be 4,344
considered to be sales of that church or organization, except 4,345
that sales made by separate student clubs and other groups of 4,346
students of a primary or secondary school, and sales made by a 4,347
parent-teacher association, booster group, or similar 4,348
organization that raises money to support or fund curricular or 4,349
extracurricular activities of a primary or secondary school, 4,350
shall not be considered to be sales of such school, and sales by 4,351
each such club, group, association, or organization shall be 4,352
counted separately for purposes of the six-day limitation. This 4,353
94
division does not apply to sales by a noncommercial educational 4,354
radio or television broadcasting station. 4,355
(10) Sales not within the taxing power of this state under 4,357
the Constitution of the United States; 4,358
(11) The transportation of persons or property, unless the 4,360
transportation is by a private investigation and security 4,361
service; 4,362
(12) Sales of tangible personal property or services to 4,364
churches, to organizations exempt from taxation under section 4,365
501(c)(3) of the Internal Revenue Code of 1986, and to any other 4,366
nonprofit organizations operated exclusively for charitable 4,367
purposes in this state, no part of the net income of which inures 4,368
to the benefit of any private shareholder or individual, and no 4,369
substantial part of the activities of which consists of carrying 4,370
on propaganda or otherwise attempting to influence legislation; 4,371
sales to offices administering one or more homes for the aged or 4,372
one or more hospital facilities exempt under section 140.08 of 4,373
the Revised Code; and sales to organizations described in 4,374
division (D) of section 5709.12 of the Revised Code. 4,375
"Charitable purposes" means the relief of poverty; the 4,377
improvement of health through the alleviation of illness, 4,378
disease, or injury; the operation of an organization exclusively 4,380
for the provision of professional, laundry, printing, and 4,381
purchasing services to hospitals or charitable institutions; the 4,383
operation of a home for the aged, as defined in section 5701.13 4,384
of the Revised Code; the operation of a radio or television 4,385
broadcasting station that is licensed by the federal 4,386
communications commission as a noncommercial educational radio or 4,387
television station; the operation of a nonprofit animal adoption 4,389
service or a county humane society; the promotion of education by 4,390
an institution of learning that maintains a faculty of qualified 4,391
instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific 4,392
curriculum; the operation of a parent teacher association, 4,393
95
booster group, or similar organization primarily engaged in the 4,394
promotion and support of the curricular or extracurricular 4,395
activities of a primary or secondary school; the operation of a 4,396
community or area center in which presentations in music, 4,397
dramatics, the arts, and related fields are made in order to 4,398
foster public interest and education therein; the production of 4,399
performances in music, dramatics, and the arts; or the promotion 4,401
of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological 4,402
knowledge and information primarily for the public. 4,403
Nothing in this division shall be deemed to exempt sales to 4,405
any organization for use in the operation or carrying on of a 4,406
trade or business, or sales to a home for the aged for use in the 4,407
operation of independent living facilities as defined in division 4,408
(A) of section 5709.12 of the Revised Code. 4,409
(13) Building and construction materials and services sold 4,411
to construction contractors for incorporation into a structure or 4,412
improvement to real property under a construction contract with 4,413
this state or a political subdivision thereof, or with the United 4,414
States government or any of its agencies; building and 4,415
construction materials and services sold to construction 4,416
contractors for incorporation into a structure or improvement to 4,417
real property that are accepted for ownership by this state or 4,419
any of its political subdivisions, or by the United States 4,420
government or any of its agencies at the time of completion of 4,421
such structures or improvements; building and construction 4,422
materials sold to construction contractors for incorporation into 4,423
a horticulture structure or livestock structure for a person 4,424
engaged in the business of horticulture or producing livestock; 4,425
building materials and services sold to a construction contractor 4,426
for incorporation into a house of public worship or religious 4,427
education, or a building used exclusively for charitable purposes 4,428
under a construction contract with an organization whose purpose 4,429
is as described in division (B)(12) of this section; building and 4,430
96
construction materials sold for incorporation into the original 4,431
construction of a sports facility under section 307.696 of the 4,432
Revised Code; and building and construction materials and 4,433
services sold to a construction contractor for incorporation into 4,434
real property outside this state if such materials and services, 4,435
when sold to a construction contractor in the state in which the 4,436
real property is located for incorporation into real property in 4,437
that state, would be exempt from a tax on sales levied by that 4,438
state; 4,439
(14) Sales of ships or vessels or rail rolling stock used 4,441
or to be used principally in interstate or foreign commerce, and 4,442
repairs, alterations, fuel, and lubricants for such ships or 4,443
vessels or rail rolling stock; 4,444
(15) Sales to persons engaged in any of the activities 4,446
mentioned in division (E)(2) or (9) of section 5739.01 of the 4,447
Revised Code, to persons engaged in making retail sales, or to 4,448
persons who purchase for sale from a manufacturer tangible 4,449
personal property that was produced by the manufacturer in 4,450
accordance with specific designs provided by the purchaser, of 4,451
packages, including material and parts for packages, and of 4,452
machinery, equipment, and material for use primarily in packaging 4,453
tangible personal property produced for sale by or on the order 4,454
of the person doing the packaging, or sold at retail. "Packages" 4,455
includes bags, baskets, cartons, crates, boxes, cans, bottles, 4,456
bindings, wrappings, and other similar devices and containers, 4,457
and "packaging" means placing therein. 4,458
(16) Sales of food to persons using food stamp coupons to 4,460
purchase the food. As used in division (B)(16) of this section, 4,461
"food" has the same meaning as in the "Food Stamp Act of 1977," 4,462
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 4,463
adopted pursuant to that act. 4,464
(17) Sales to persons engaged in farming, agriculture, 4,466
horticulture, or floriculture, of tangible personal property for 4,467
use or consumption directly in the production by farming, 4,468
97
agriculture, horticulture, or floriculture of other tangible 4,469
personal property for use or consumption directly in the 4,470
production of tangible personal property for sale by farming, 4,471
agriculture, horticulture, or floriculture; or material and parts 4,472
for incorporation into any such tangible personal property for 4,473
use or consumption in production; and of tangible personal 4,474
property for such use or consumption in the conditioning or 4,475
holding of products produced by and for such use, consumption, or 4,476
sale by persons engaged in farming, agriculture, horticulture, or 4,477
floriculture, except where such property is incorporated into 4,478
real property; 4,479
(18) Sales of drugs dispensed by a licensed pharmacist 4,482
upon the order of a licensed health professional authorized to 4,484
prescribe drugs to a human being, as the term "licensed health
professional authorized to prescribe drugs" is defined in section 4,485
4729.01 of the Revised Code; insulin as recognized in the 4,487
official United States pharmacopoeia; urine and blood testing 4,488
materials when used by diabetics or persons with hypoglycemia to 4,489
test for glucose or acetone; hypodermic syringes and needles when 4,490
used by diabetics for insulin injections; epoetin alfa when 4,491
purchased for use in the treatment of persons with end-stage 4,492
renal disease; hospital beds when purchased for use by persons 4,494
with medical problems for medical purposes; and oxygen and 4,495
oxygen-dispensing equipment when purchased for use by persons 4,496
with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast 4,498
prostheses, and other prosthetic devices for humans; braces or 4,499
other devices for supporting weakened or nonfunctioning parts of 4,500
the human body; wheelchairs; devices used to lift wheelchairs 4,501
into motor vehicles and parts and accessories to such devices; 4,502
crutches or other devices to aid human perambulation; and items 4,503
of tangible personal property used to supplement impaired 4,504
functions of the human body such as respiration, hearing, or 4,505
elimination. No exemption under this division shall be allowed 4,506
98
for nonprescription drugs, medicines, or remedies; items or 4,507
devices used to supplement vision; items or devices whose 4,508
function is solely or primarily cosmetic; or physical fitness 4,509
equipment. This division does not apply to sales to a physician 4,510
or medical facility for use in the treatment of a patient. 4,511
(20) Sales of emergency and fire protection vehicles and 4,513
equipment to nonprofit organizations for use solely in providing 4,514
fire protection and emergency services for political subdivisions 4,515
of the state; 4,516
(21) Sales of tangible personal property manufactured in 4,518
this state, if sold by the manufacturer in this state to a 4,519
retailer for use in the retail business of the retailer outside 4,520
of this state and if possession is taken from the manufacturer by 4,522
the purchaser within this state for the sole purpose of 4,523
immediately removing the same from this state in a vehicle owned 4,524
by the purchaser;
(22) Sales of services provided by the state or any of its 4,526
political subdivisions, agencies, instrumentalities, 4,527
institutions, or authorities, or by governmental entities of the 4,528
state or any of its political subdivisions, agencies, 4,529
instrumentalities, institutions, or authorities; 4,530
(23) Sales of motor vehicles to nonresidents of this state 4,532
upon the presentation of an affidavit executed in this state by 4,533
the nonresident purchaser affirming that the purchaser is a 4,534
nonresident of this state, that possession of the motor vehicle 4,535
is taken in this state for the sole purpose of immediately 4,536
removing it from this state, that the motor vehicle will be 4,537
permanently titled and registered in another state, and that the 4,538
motor vehicle will not be used in this state; 4,539
(24) Sales to persons engaged in the preparation of eggs 4,541
for sale of tangible personal property used or consumed directly 4,542
in such preparation, including such tangible personal property 4,543
used for cleaning, sanitizing, preserving, grading, sorting, and 4,544
classifying by size; packages, including material and parts for 4,545
99
packages, and machinery, equipment, and material for use in 4,546
packaging eggs for sale; and handling and transportation 4,547
equipment and parts therefor, except motor vehicles licensed to 4,548
operate on public highways, used in intraplant or interplant 4,549
transfers or shipment of eggs in the process of preparation for 4,550
sale, when the plant or plants within or between which such 4,551
transfers or shipments occur are operated by the same person. 4,552
"Packages" includes containers, cases, baskets, flats, fillers, 4,553
filler flats, cartons, closure materials, labels, and labeling 4,554
materials, and "packaging" means placing therein. 4,555
(25)(a) Sales of water to a consumer for residential use, 4,557
except the sale of bottled water, distilled water, mineral water, 4,558
carbonated water, or ice; 4,559
(b) Sales of water by a nonprofit corporation engaged 4,561
exclusively in the treatment, distribution, and sale of water to 4,562
consumers, if such water is delivered to consumers through pipes 4,563
or tubing. 4,564
(26) Fees charged for inspection or reinspection of motor 4,566
vehicles under section 3704.14 of the Revised Code; 4,567
(27) Sales of solar, wind, or hydrothermal energy systems 4,569
that meet the guidelines established under division (B) of 4,570
section 1551.20 of the Revised Code, components of such systems 4,571
that are identified under division (B) or (D) of that section, or 4,572
charges for the installation of such systems or components, made 4,573
during the period from August 14, 1979, through December 31, 4,574
1985; 4,575
(28) Sales to persons licensed to conduct a food service 4,577
operation pursuant to section 3732.03 3717.43 of the Revised 4,578
Code, of tangible personal property primarily used directly for 4,580
the following:
(a) To prepare food for human consumption for sale; 4,582
(b) To preserve food that has been or will be prepared for 4,585
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 4,586
100
selection by the consumer; 4,587
(c) To clean tangible personal property used to prepare or 4,589
serve food for human consumption for sale. 4,590
(29) Sales of animals by nonprofit animal adoption 4,592
services or county humane societies; 4,593
(30) Sales of services to a corporation described in 4,595
division (A) of section 5709.72 of the Revised Code, and sales of 4,596
tangible personal property that qualifies for exemption from 4,597
taxation under section 5709.72 of the Revised Code; 4,598
(31) Sales and installation of agricultural land tile, as 4,600
defined in division (B)(5)(a) of section 5739.01 of the Revised 4,601
Code; 4,602
(32) Sales and erection or installation of portable grain 4,604
bins, as defined in division (B)(5)(b) of section 5739.01 of the 4,605
Revised Code; 4,606
(33) The sale, lease, repair, and maintenance of; parts 4,608
for; or items attached to or incorporated in motor vehicles that 4,609
are primarily used for transporting tangible personal property by 4,610
a person engaged in highway transportation for hire; 4,611
(34) Sales to the state headquarters of any veterans' 4,613
organization in Ohio that is either incorporated and issued a 4,614
charter by the congress of the United States or is recognized by 4,615
the United States veterans administration, for use by the 4,616
headquarters; 4,617
(35) Sales to a telecommunications service vendor of 4,619
tangible personal property and services used directly and 4,620
primarily in transmitting, receiving, switching, or recording any 4,621
interactive, two-way electromagnetic communications, including 4,622
voice, image, data, and information, through the use of any 4,623
medium, including, but not limited to, poles, wires, cables, 4,624
switching equipment, computers, and record storage devices and 4,625
media, and component parts for the tangible personal property. 4,626
The exemption provided in division (B)(35) of this section shall 4,627
be in lieu of all other exceptions under division (E)(2) of 4,628
101
section 5739.01 of the Revised Code to which a telecommunications 4,629
service vendor may otherwise be entitled based upon the use of 4,630
the thing purchased in providing the telecommunications service. 4,631
(36) Sales of investment metal bullion and investment 4,633
coins. "Investment metal bullion" means any elementary precious 4,634
metal that has been put through a process of smelting or 4,635
refining, including, but not limited to, gold, silver, platinum, 4,636
and palladium, and which is in such state or condition that its 4,637
value depends upon its content and not upon its form. 4,638
"Investment metal bullion" does not include fabricated precious 4,639
metal that has been processed or manufactured for one or more 4,641
specific and customary industrial, professional, or artistic 4,642
uses. "Investment coins" means numismatic coins or other forms 4,643
of money and legal tender manufactured of gold, silver, platinum, 4,644
palladium, or other metal under the laws of the United States or 4,645
any foreign nation with a fair market value greater than any 4,646
statutory or nominal value of such coins. 4,647
(37)(a) Sales where the purpose of the consumer is to use 4,649
or consume the things transferred in making retail sales and 4,650
consisting of newspaper inserts, catalogues, coupons, flyers, 4,651
gift certificates, or other advertising material that prices and 4,653
describes tangible personal property offered for retail sale. 4,654
(b) Sales to direct marketing vendors of preliminary 4,656
materials such as photographs, artwork, and typesetting that will 4,657
be used in printing advertising material; of printed matter that 4,658
offers free merchandise or chances to win sweepstake prizes and 4,659
that is mailed to potential customers with advertising material 4,660
described in division (B)(37)(a) of this section; and of 4,661
equipment such as telephones, computers, facsimile machines, and 4,662
similar tangible personal property primarily used to accept 4,663
orders for direct marketing retail sales. 4,664
(c) Sales of automatic food vending machines that preserve 4,666
food with a shelf life of forty-five days or less by 4,667
refrigeration and dispense it to the consumer. 4,668
102
For purposes of division (B)(37) of this section, "direct 4,670
marketing" means the method of selling where consumers order 4,671
tangible personal property by United States mail, delivery 4,672
service, or telecommunication and the vendor delivers or ships 4,673
the tangible personal property sold to the consumer from a 4,674
warehouse, catalogue distribution center, or similar fulfillment 4,675
facility by means of the United States mail, delivery service, or 4,676
common carrier. 4,677
(38) Sales to a person engaged in the business of 4,679
horticulture or producing livestock of materials to be 4,680
incorporated into a horticulture structure or livestock 4,681
structure; 4,682
(39) The sale of a motor vehicle that is used exclusively 4,684
for a vanpool ridesharing arrangement to persons participating in 4,685
the vanpool ridesharing arrangement when the vendor is selling 4,686
the vehicle pursuant to a contract between the vendor and the 4,687
department of transportation;
(40) Sales of personal computers, computer monitors, 4,689
computer keyboards, modems, and other peripheral computer 4,690
equipment to an individual who is licensed or certified to teach 4,691
in an elementary or a secondary school in this state for use by 4,692
that individual in preparation for teaching elementary or
secondary school students; 4,693
(41) Sales to a professional racing team of any of the 4,695
following: 4,696
(a) Motor racing vehicles; 4,698
(b) Repair services for motor racing vehicles; 4,701
(c) Items of property that are attached to or incorporated 4,704
in motor racing vehicles, including engines, chassis, and all 4,705
other components of the vehicles, and all spare, replacement, and 4,706
rebuilt parts or components of the vehicles; except not including 4,707
tires, consumable fluids, paint, and accessories consisting of 4,708
instrumentation sensors and related items added to the vehicle to 4,709
collect and transmit data by means of telemetry and other forms 4,710
103
of communication.
(42) Sales of used manufactured homes and used mobile 4,712
homes, as defined in section 5739.0210 of the Revised Code, made 4,713
on or after January 1, 2000. 4,714
For the purpose of the proper administration of this 4,716
chapter, and to prevent the evasion of the tax, it is presumed 4,717
that all sales made in this state are subject to the tax until 4,718
the contrary is established. 4,719
As used in this section, except in division (B)(16) of this 4,721
section, "food" includes cereals and cereal products, milk and 4,722
milk products including ice cream, meat and meat products, fish 4,723
and fish products, eggs and egg products, vegetables and 4,724
vegetable products, fruits, fruit products, and pure fruit 4,725
juices, condiments, sugar and sugar products, coffee and coffee 4,726
substitutes, tea, and cocoa and cocoa products. It does not 4,727
include: spirituous or malt liquors; soft drinks; sodas and 4,728
beverages that are ordinarily dispensed at bars and soda 4,729
fountains or in connection therewith, other than coffee, tea, and 4,730
cocoa; root beer and root beer extracts; malt and malt extracts; 4,731
mineral oils, cod liver oils, and halibut liver oil; medicines, 4,732
including tonics, vitamin preparations, and other products sold 4,733
primarily for their medicinal properties; and water, including 4,734
mineral, bottled, and carbonated waters, and ice. 4,735
(C) The levy of an excise tax on transactions by which 4,737
lodging by a hotel is or is to be furnished to transient guests 4,738
pursuant to this section and division (B) of section 5739.01 of 4,739
the Revised Code does not prevent any of the following: 4,740
(1) A municipal corporation or township from levying an 4,742
excise tax for any lawful purpose not to exceed three per cent on 4,743
transactions by which lodging by a hotel is or is to be furnished 4,744
to transient guests in addition to the tax levied by this 4,745
section. If a municipal corporation or township repeals a tax 4,746
imposed under division (C)(1) of this section and a county in 4,747
which the municipal corporation or township has territory has a 4,748
104
tax imposed under division (C) of section 5739.024 of the Revised 4,749
Code in effect, the municipal corporation or township may not 4,750
reimpose its tax as long as that county tax remains in effect. A 4,751
municipal corporation or township in which a tax is levied under 4,752
division (B)(2) of section 351.021 of the Revised Code may not 4,753
increase the rate of its tax levied under division (C)(1) of this 4,754
section to any rate that would cause the total taxes levied under 4,755
both of those divisions to exceed three per cent on any lodging 4,756
transaction within the municipal corporation or township. 4,757
(2) A municipal corporation or a township from levying an 4,759
additional excise tax not to exceed three per cent on such 4,760
transactions pursuant to division (B) of section 5739.024 of the 4,761
Revised Code. Such tax is in addition to any tax imposed under 4,762
division (C)(1) of this section. 4,763
(3) A county from levying an excise tax pursuant to 4,765
division (A) of section 5739.024 of the Revised Code. 4,766
(4) A county from levying an excise tax not to exceed 4,768
three per cent of such transactions pursuant to division (C) of 4,769
section 5739.024 of the Revised Code. Such a tax is in addition 4,770
to any tax imposed under division (C)(3) of this section. 4,771
(5) A convention facilities authority, as defined in 4,773
division (A) of section 351.01 of the Revised Code, from levying 4,774
the excise taxes provided for in division (B) of section 351.021 4,775
of the Revised Code. 4,776
(6) A county from levying an excise tax not to exceed one 4,778
and one-half per cent of such transactions pursuant to division 4,779
(D) of section 5739.024 of the Revised Code. Such tax is in 4,780
addition to any tax imposed under division (C)(3) or (4) of this 4,781
section. 4,782
(7) A county from levying an excise tax not to exceed one 4,784
and one-half per cent of such transactions pursuant to division 4,785
(E) of section 5739.024 of the Revised Code. Such a tax is in 4,786
addition to any tax imposed under division (C)(3), (4), or (6) of 4,787
this section. 4,788
105
(D) The levy of this tax on retail sales of recreation and 4,790
sports club service shall not prevent a municipal corporation 4,791
from levying any tax on recreation and sports club dues or on any 4,792
income generated by recreation and sports club dues. 4,793
Sec. 5739.11. As used in this section, "food service 4,802
operator" means a vendor who conducts a food service operation 4,803
under Chapter 3732 3717. of the Revised Code. 4,804
Each vendor shall keep complete and accurate records of 4,806
sales, together with a record of the tax collected on the sales, 4,807
which shall be the amount due under sections 5739.01 to 5739.31 4,808
of the Revised Code, and shall keep all invoices, bills of 4,809
lading, and other such pertinent documents. Alternatively, any 4,810
food service operator who has not been convicted under section 4,811
5739.99 of the Revised Code, with respect to the vendor's food 4,812
service operation, may keep a sample of primary sales records. 4,813
Such sample shall consist of all sales invoices, guest checks, 4,814
cash register tapes, and other such documents for each of 4,815
fourteen days in every calendar quarter. The specific days to be 4,816
included in the sample shall be determined by the tax 4,817
commissioner and entered in the commissioner's journal within ten 4,818
days after the close of every calendar quarter. The tax 4,819
commissioner shall notify each such operator registered pursuant 4,820
to section 5739.17 of the Revised Code who requests such 4,821
notification of the days to be included in each sample by the 4,822
last day of the month following the close of each calendar 4,823
quarter. The notice also shall contain a statement that 4,824
destruction of primary records for time periods other than the 4,825
specified sample period is optional and that some operators may 4,826
wish to keep all such records for four full years so as to be 4,827
able to clearly demonstrate that they have fully complied with 4,828
this chapter and Chapter 5741. of the Revised Code. The tax 4,829
commissioner shall further make such determination known through 4,830
a general news release. 4,831
Each vendor shall keep exemption certificates required to 4,833
106
be obtained under section 5739.03 of the Revised Code. If the 4,834
vendor makes sales not subject to the tax and not required to be 4,835
evidenced by an exemption certificate, the vendor's records shall 4,836
show the identity of the purchaser, if the sale was exempted by 4,837
reason of such identity, or the nature of the transaction if 4,838
exempted for any other reason. Vendors are not required to 4,839
differentiate in record-keeping between sales that are exempt 4,840
from taxation under division (B)(2) of section 5739.02 of the 4,841
Revised Code and those that are exempt under division (B)(16) of 4,842
that section. Such records and other documents required to be 4,843
kept by this section shall be open during business hours to the 4,844
inspection of the tax commissioner, and shall be preserved for a 4,845
period of four years, unless the commissioner, in writing, 4,846
consents to their destruction within that period, or by order 4,847
requires that they be kept longer. 4,848
Section 2. That existing sections 901.43, 911.01, 911.011, 4,850
911.02, 915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 4,851
3709.09, 3715.02, 3715.52, 3715.99, 3724.03, 3732.01, 3732.02, 4,852
3732.03, 3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.10, 4,854
3732.11, 3732.12, 3732.13, 3732.14, 3732.99, 4303.021, 4303.13, 4,855
4303.14, 4303.15, 4303.181, 4303.182, 4303.183, 4736.01, 4745.01, 4,856
5104.05, 5104.051, 5739.02, and 5739.11 of the Revised Code are 4,857
hereby repealed.
Section 3. Sections 911.01, 911.011, 911.02, 3717.21, 4,859
3717.24, and 3717.44 of the Revised Code, as amended or enacted 4,860
by this act, shall take effect February 1, 2001. 4,861
Section 4. That sections 3707.38, 3715.21, 3715.211, and 4,864
3732.07 of the Revised Code are hereby repealed, effective 4,865
February 1, 2001.
Section 5. Prior to the effective date of section 3717.21 4,867
of the Revised Code, the Director of Agriculture shall conduct a 4,868
preliminary survey, pursuant to section 3717.11 of the Revised 4,869
Code, of each board of health to determine whether the board is 4,870
qualified and has the capacity to administer and enforce the 4,871
107
provisions of Chapter 3717. of the Revised Code pertaining to 4,872
retail food establishments and to abide by the Ohio Uniform Food 4,873
Safety Code. If the director determines that a board is not 4,874
qualified or lacks the requisite capacity, the director shall 4,875
grant the board an opportunity to take corrective action. The 4,876
director shall notify the board of its deficiencies, specify the 4,877
corrective actions that must be taken, and specify a deadline by 4,878
which the board must complete the actions to receive the 4,879
director's approval under section 3717.11 of the Revised Code. 4,880
Section 6. Initial appointments to the Retail Food Safety 4,883
Advisory Council, created by section 3717.02 of the Revised Code, 4,885
shall be made by the Director of Agriculture and Director of 4,886
Health not later than 90 days after the effective date of this 4,887
act. When all members are appointed, the Director of Health 4,888
shall abolish the Food Service Advisory Board that the Director 4,889
of Health appointed pursuant to section 3732.02 of the Revised 4,891
Code, as that section existed before the effective date of this
act. 4,892
Section 7. (A) The Retail Food Safety Advisory Council, 4,894
created by section 3717.02 of the Revised Code, shall conduct a 4,895
five-year study for the following purposes: 4,896
(1) To determine whether the recommendations of the food 4,898
safety council created by Am. Sub. H.B. 113 of the 122nd General 4,899
Assembly have been implemented and, if implemented, the effects 4,900
of the implementation; 4,901
(2) To evaluate the level of food safety awareness of 4,903
consumers and their confidence in the state's food supply. 4,904
(B) On or before June 1, 2006, the Council shall complete 4,906
its study and issue a report of its findings and recommendations. 4,907
The report shall be submitted to the Speaker of the House of 4,908
Representatives, Minority Leader of the House of Representatives, 4,909
President of the Senate, and Minority Leader of the Senate. 4,910
Section 8. (A) The Director of Agriculture and the 4,912
Director of Health shall include, in the information their 4,913
108
departments maintain on the internet, electronic links to each 4,916
other's information and to a version of the Ohio Uniform Food
Safety Code maintained on the internet by the departments. The 4,918
Ohio Uniform Food Safety Code shall contain electronic links to 4,919
the Ohio Revised Code, Ohio Administrative Code, and any other 4,920
information maintained on the internet that the directors jointly 4,922
deem relevant.
(B) The Director of Agriculture and the Director of Health 4,924
shall study the feasibility of unifying the computer systems of 4,925
the Department of Agriculture and the Department of Health or 4,926
otherwise ensuring the compatibility of their respective computer 4,928
systems.