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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          7      


                                                                 
      (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          

                                                          8      


                                                                 
      (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          

                                                          11     


                                                                 
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.