As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 223  5            

      1999-2000                                                    6            


    REPRESENTATIVES TERWILLEGER-PADGETT-D. MILLER-KRUPINSKI-       8            

   VERICH-CORBIN-MOTTLEY-DAMSCHRODER-MEAD-OPFER-EVANS-O'BRIEN-     9            

    SCHULER-PERZ-BARNES-AUSTRIA-BRADING-BARRETT-JAMES-MAIER-       10           

  FERDERBER-HARTNETT-SENATORS NEIN-SPADA-ARMBRUSTER- WACHTMANN     12           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 901.43, 911.01, 911.011, 911.02,    16           

                915.24, 2305.37, 3701.22, 3701.83, 3707.33,        17           

                3707.99, 3709.09, 3715.02, 3715.52, 3715.99,       18           

                3724.03, 3732.01, 3732.02, 3732.03, 3732.04,       19           

                3732.05, 3732.06, 3732.08, 3732.09, 3732.11,       20           

                3732.12, 3732.13, 3732.14, 3732.99, 4303.021,                   

                4303.13, 4303.14, 4303.15, 4303.181, 4303.182,     21           

                4303.183, 4736.01, 4745.01, 5104.05, 5104.051,     22           

                5739.02, and 5739.11; to amend, for the purpose                 

                of adopting new section numbers as indicated in    23           

                parentheses, sections 911.011 (911.021), 3732.01   24           

                (3717.01), 3732.02 (3717.51), 3732.03 (3717.43),                

                3732.04 (3717.45), 3732.05 (3717.46), 3732.06      26           

                (3717.12), 3732.08 (3717.47), 3732.09 (3717.11),   27           

                3732.10 (3717.13), 3732.11 (3717.49), 3732.12      28           

                (3717.50), 3732.13 (3717.52), 3732.14 (3717.09),   29           

                and 3732.99 (3717.99); to enact sections                        

                3715.021, 3715.511, 3717.02 to 3717.08, 3717.21    30           

                to 3717.33, 3717.41, 3717.42, 3717.44, and         31           

                3717.48; and to repeal sections 3707.38, 3715.21,  32           

                3715.211, and 3732.07 of the Revised Code to make  33           

                changes in the laws pertaining to food service                  

                operations and to require the licensing of retail  34           

                food establishments.                                            

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        36           

      Section 1.  That sections 901.43, 911.01, 911.011, 911.02,   38           

915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 3709.09,      39           

3715.02, 3715.52, 3715.99, 3724.03, 3732.01, 3732.02, 3732.03,     41           

3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.11, 3732.12,     43           

3732.13, 3732.14, 3732.99, 4303.021, 4303.13, 4303.14, 4303.15,    44           

4303.181, 4303.182, 4303.183, 4736.01, 4745.01, 5104.05,           45           

5104.051, 5739.02, and 5739.11 be amended; sections 911.011        46           

(911.021), 3732.01 (3717.01), 3732.02 (3717.51), 3732.03                        

(3717.43), 3732.04 (3717.45), 3732.05 (3717.46), 3732.06           48           

(3717.12), 3732.08 (3717.47), 3732.09 (3717.11), 3732.10           49           

(3717.13), 3732.11 (3717.49), 3732.12 (3717.50), 3732.13           50           

(3717.52), 3732.14 (3717.09), and 3732.99 (3717.99) be amended     52           

for the purpose of adopting new section numbers as indicated in    53           

parentheses; and sections 3715.021, 3715.511, 3717.02, 3717.03,    55           

3717.04, 3717.05, 3717.06, 3717.07, 3717.08, 3717.21, 3717.22,     56           

3717.23, 3717.24, 3717.25, 3717.26, 3717.27, 3717.28, 3717.29,     57           

3717.30, 3717.31, 3717.32, 3717.33, 3717.41, 3717.42, 3717.44,     58           

and 3717.48 of the Revised Code be enacted to read as follows:     60           

      Sec. 901.43.  (A)  The director of agriculture may           69           

authorize any department of agriculture laboratory to perform a    71           

laboratory service for any person, organization, political         73           

subdivision, state agency, federal agency, or other entity,        75           

whether public or private, and may charge a reasonable fee for     77           

performance of the laboratory service.  THE                        78           

      (B)  The director shall adopt and enforce rules to provide   81           

for the rendering of a laboratory service and may.                 82           

      (B)  THE DIRECTOR MAY CHARGE A REASONABLE FEE FOR THE        84           

PERFORMANCE OF A LABORATORY SERVICE, EXCEPT WHEN THE SERVICE IS    86           

PERFORMED ON AN OFFICIAL SAMPLE TAKEN BY THE DIRECTOR ACTING       88           

PURSUANT TO TITLE IX, CHAPTER 3715., OR CHAPTER 3717. OF THE       90           

REVISED CODE; BY A BOARD OF HEALTH ACTING AS THE LICENSOR OF       92           

RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE OPERATIONS UNDER        93           

CHAPTER 3717. OF THE REVISED CODE; OR BY THE DIRECTOR OF HEALTH    95           

                                                          3      


                                                                 
ACTING AS THE LICENSOR OF FOOD SERVICE OPERATIONS UNDER CHAPTER    96           

3717. OF THE REVISED CODE.  THE DIRECTOR OF AGRICULTURE SHALL      97           

ADOPT RULES SPECIFYING WHAT CONSTITUTES AN OFFICIAL SAMPLE.        98           

      THE DIRECTOR SHALL publish a list of laboratory services     101          

offered, together with the fee for each service.                   103          

      (C)  The director may enter into a contract with any         105          

person, organization, political subdivision, state agency,         107          

federal agency, or other entity for the provision of a laboratory  109          

service.                                                                        

      (D)(1)  The director may adopt rules specifying what         111          

constitutes an official sample.                                    112          

      (2)  The director shall not charge a fee for a laboratory    114          

service performed on an official sample, but may charge a fee for  115          

any other sample taken or laboratory service performed by the      116          

department.                                                                     

      (E)(1)  The director may adopt rules establishing standards  119          

for accreditation of laboratories and laboratory services and in   120          

doing so may adopt by reference existing or recognized standards   121          

or practices.                                                                   

      (2)  The director may inspect and accredit laboratories and  124          

laboratory services, and may charge a reasonable fee for the       125          

inspections and accreditation.                                                  

      (F)(E)(1)  All moneys collected by the director under this   128          

section that are from fees generated by a laboratory service       129          

performed by the department and related to the diseases of                      

animals, and all moneys so collected that are from fees generated  130          

for the inspection and accreditation of laboratories and           131          

laboratory services related to the diseases of animals, shall be   132          

deposited in the animal industry laboratory fund, which is hereby  133          

created in the state treasury.  The director shall use the moneys  134          

in the animal industry laboratory fund to purchase supplies and    135          

equipment for the laboratory that provides laboratory services     136          

related to the diseases of animals.                                137          

      (2)  All moneys collected by the director under this         140          

                                                          4      


                                                                 
section that are from fees generated by a laboratory service       141          

performed by the consumer analytical laboratory, and all moneys    142          

so collected that are from fees generated for the inspection and                

accreditation of laboratories and laboratory services not related  143          

to weights and measures or the diseases of animals, shall be       145          

deposited in the laboratory services fund, which is hereby         147          

created in the state treasury.  The moneys held in the fund may    148          

be used to pay the expenses necessary to operate the consumer      149          

analytical laboratory, including the purchase of supplies and                   

equipment.                                                         150          

      (3)  All moneys collected by the director under this         152          

section that are from fees generated by a laboratory service       153          

performed by the weights and measures laboratory, and all moneys   154          

so collected that are from fees generated for the inspection and   155          

accreditation of laboratories and laboratory services related to   156          

weights and measures, shall be deposited in the weights and        157          

measures laboratory fund, which is hereby created in the state     158          

treasury.  The moneys held in the fund may be used to pay the      159          

expenses necessary to operate the division of weights and          160          

measures, including the purchase of supplies and equipment.        161          

      Sec. 911.01.  (A)  Except as provided in division (B) of     171          

this section, "bakery," as AS used in sections 911.01 to 911.20    172          

of the Revised Code, "BAKERY" means a building or part of a        173          

building wherein is carried on the production, preparation,        174          

packing, storing, display, or sale TO OTHER THAN THE ULTIMATE      175          

CONSUMER of bread, stuffed breads, cake, pies, cookies, crackers,  177          

doughnuts, noodles, waffle cones, pizza crusts for resale, or                   

other bakery products, whether frozen, fried, deep fried, or       179          

partially or completely baked, including any separate room used    181          

for the convenience or accommodation of the workers. Sections      182          

911.02, 911.04, 911.11, 911.12, 911.13, and 911.15 of the Revised  183          

Code do not apply to retail stores where bakery products are sold  184          

but not produced.                                                               

      (B)  "Bakery" does not mean a food service operation         186          

                                                          5      


                                                                 
licensed under section 3732.03 of the Revised Code that includes   187          

the preparation or serving of bakery products.                     188          

      Sec. 911.02.  Except as provided in division (A) of section  197          

3732.07 of the Revised Code, each EACH person, firm, partnership,  199          

or corporation that owns or operates a bakery shall register each  201          

bakery that it owns or operates with the director of agriculture.  203          

For the registration, the owner or operator of each bakery shall   205          

pay an annual fee of thirty dollars for a production capacity of   206          

one thousand pounds of bakery product per hour or less and an      207          

annual fee of thirty dollars for each one thousand pounds of       208          

bakery product per hour capacity, or part thereof, in excess of    209          

one thousand pounds of bakery product per hour.                    210          

      Any person who owns or operates a home bakery with only one  212          

oven, in a stove of ordinary home kitchen design and located in a  213          

home, used for the baking of baked goods to be sold, shall pay a   214          

sum of ten dollars annually for registration regardless of the     215          

capacity of the home bakery oven.  The registration shall be       218          

renewed annually by the thirtieth day of September and shall be    219          

renewed according to the standard renewal procedure of Chapter     220          

4745. of the Revised Code.  The registration of the bakery shall   221          

show the location, including municipal corporation, street, and    222          

number, the name of the owner, and the name of the operator.  The  223          

application for registration shall be made on a form prescribed    224          

and provided by the director.  All moneys received from            225          

registration fees and fines collected under sections 911.01 to     226          

911.20 of the Revised Code shall be deposited with the treasurer   227          

of state to the credit of the food safety fund created in section  228          

915.24 of the Revised Code.  All annual renewal registration fees  230          

required by this section shall be paid by the applicant for the    231          

renewal to the treasurer of state for deposit into the food        233          

safety fund.                                                       234          

      No bakery product that is manufactured in an out-of-state    236          

bakery shall be sold or offered for sale within this state unless  237          

the bakery is in compliance with sections 911.01 to 911.20 of the  240          

                                                          6      


                                                                 
Revised Code, and is registered, having paid the annual                         

registration fee.                                                  241          

      Registration of out-of-state bakeries is not required if a   243          

reciprocal agreement is in effect whereby a bakery located in      244          

this state is not subject to a license or registration fee by the  245          

receiving state or a political subdivision thereof.                246          

      Sec. 911.011 911.021.  (A)  The preparation and serving of   255          

bakery products by a food service operation licensed under         258          

section 3732.03 of the Revised Code shall be regulated under       259          

Chapter 3732. of the Revised Code and not under this chapter.      260          

      (B)  A bakery shall be regulated under this chapter and not  262          

under Chapter 3732 3717. of the Revised Code when either of the    264          

following applies:                                                 265          

      (1)  The bakery only serves bakery products on its           267          

premises;                                                                       

      (2)  The bakery serves bakery products for consumption on    269          

its premises and also serves frozen desserts, beverages, nuts,     271          

popcorn, candy, or similar confections, dairy products, or any     272          

combination of those items for consumption THE BAKERY'S PRIMARY    273          

BUSINESS IS WHOLESALE, EVEN IF THE BAKERY ALSO SELLS BAKERY        274          

PRODUCTS AT RETAIL on its premises.                                275          

      Sec. 915.24.  (A)  There is hereby created in the state      284          

treasury the food safety fund.  All of the following moneys shall  287          

be credited to the fund:                                                        

      (1)  Bakery registration fees and fines received under       289          

sections 911.02 to 911.20 of the Revised Code;                     291          

      (2)  Cannery license fees and renewal fees received under    293          

sections 913.01 to 913.05 of the Revised Code;                     294          

      (3)  Moneys received under sections 913.22 to 913.28 of the  296          

Revised Code;                                                      297          

      (4)  License fees, fines, and penalties recovered for the    299          

violation of sections 915.01 to 915.12 of the Revised Code;        300          

      (5)  License fees collected under sections 915.14 to 915.23  302          

and under section 3715.21 of the Revised Code;                     304          

                                                          7      


                                                                 
      (6)  LICENSE FEES, OTHER FEES, AND FINES COLLECTED BY OR     306          

FOR THE DIRECTOR OF AGRICULTURE UNDER CHAPTER 3717. OF THE         308          

REVISED CODE.                                                                   

      (B)  The director of agriculture shall use the moneys        310          

deposited into the food safety fund to administer and enforce the  313          

laws pursuant to which the moneys were collected.                               

      Sec. 2305.37.  (A)  As used in this section:                 322          

      (1)  "Agency" means any nonhospital, charitable nonprofit    324          

corporation that is organized and operated pursuant to Chapter     325          

1702. of the Revised Code and that satisfies both of the           326          

following, or any nonhospital, charitable association, group,      327          

institution, organization, or society that is not organized and    329          

not operated for profit and that satisfies both of the following:  330          

      (a)  It distributes perishable food, directly or             332          

indirectly, to individuals in need.                                333          

      (b)  It does not charge or accept any form of compensation   335          

from the individuals in need for the distribution of the           336          

perishable food to them.                                           337          

      (2)  "Food service operation" has the same meaning as in     339          

section 3732.01 3717.01 of the Revised Code.                       340          

      (3)  "Food that is gleaned" means perishable food that       342          

remains on a farm or other real property and that the owner,       343          

lessee, renter, or operator of the property permits one or more    344          

persons to salvage free-of-charge for subsequent donation to one   345          

or more agencies.                                                               

      (4)  "Harm" means injury, death, or loss to person or        347          

property.                                                          348          

      (5)  "Hospital" has the same meaning as in section 2108.01,  350          

3701.01, or 5122.01 of the Revised Code.                           351          

      (6)  "Individuals in need" means those persons who an        353          

agency determines are eligible to receive free distributions of    354          

perishable food because of poverty, illness, disability, infancy,  355          

or other conditions or circumstances that may result in persons    356          

having a need to receive free distributions of perishable food.    357          

                                                          8      


                                                                 
      (7)  "Perishable food" means any food that may spoil or      359          

otherwise become unfit for human consumption because of its        360          

nature, age, or physical condition.  "Perishable food" includes,   361          

but is not limited to, fresh meats, processed meats, poultry,      362          

fish and other seafood, dairy products, bakery products, eggs in   363          

the shell, fresh fruits, fresh vegetables, food that is gleaned,   364          

food that is packaged, refrigerated, or frozen, food that is       365          

canned, and prepared or other food that has not been served by a   366          

restaurant, cafeteria, hospital, hotel, caterer, or other food     367          

service operation to any customer, patient, or other person in     368          

the ordinary course of business, by a public or private school,    369          

college, university, or other educational institution to a         370          

student or another person on the premises in the ordinary course   371          

of the operation of the institution, or by a fraternal,            372          

veteran's, or other organization to its members or other persons   373          

on the premises in the ordinary course of the operation of the     374          

organization.                                                                   

      (8)  "Person" has the same meaning as in section 1.59 of     376          

the Revised Code and additionally includes governmental entities.  377          

      (9)  "Sale date" has the same meaning as in section          379          

3715.171 of the Revised Code.                                      380          

      (10)  "Tort action" means a civil action for damages for     382          

injury, death, or loss to person or property.  "Tort action"       383          

includes a product liability claim but does not include a civil    385          

action for a breach of contract or another agreement between       386          

persons.                                                                        

      (B)  Notwithstanding Chapter 3715. of the Revised Code, a    388          

person who, in good faith, donates perishable food to an agency    389          

is not liable in damages in a tort action for harm that allegedly  390          

arises because that perishable food, when distributed by the       391          

agency or any other agency to a particular individual in need, is  392          

not fit for human consumption, if both of the following apply:     393          

      (1)  Prior to the donation of the perishable food to the     395          

agency, the person determines that the perishable food will be     396          

                                                          9      


                                                                 
fit for human consumption at the time of its donation.  A          397          

presumption favoring liability does not arise because the          398          

perishable food is donated to an agency on or after an applicable  399          

sale date.                                                         400          

      (2)  The person does not make the determination that the     402          

perishable food will be fit for human consumption at the time of   403          

its donation to the agency in a manner that constitutes            404          

negligence or willful or wanton misconduct.                        405          

      (C)(1)  This section does not create a new cause of action   407          

or substantive legal right against persons who donate perishable   408          

food to an agency.                                                              

      (2)  This section does not affect any immunities from or     410          

defenses to tort liability established by another section of the   411          

Revised Code or available at common law to which persons who       412          

donate perishable food other than to agencies may be entitled.     413          

      Sec. 3701.22.  The department of health shall maintain a     422          

chemical and bacteriological laboratory for the examination        423          

FOLLOWING:                                                                      

      (A)  EXAMINATION of public water supplies, and the effluent  426          

of sewage purification works, for the diagnosis;                                

      (B)  DIAGNOSIS of diphtheria, typhoid fever, hydrophobia,    429          

glanders, and such other diseases as it deems necessary, and for   430          

the examination of food suspected to be the cause of disease.      431          

The department shall examine and report to the director of                      

environmental protection and the public each year the condition    432          

of all public water supplies;                                      433          

      (C)  ANALYSIS OF PATIENT SPECIMENS AND FOOD SAMPLES          435          

NECESSARY FOR INVESTIGATION OF FOODBORNE ILLNESSES.  IN FOODBORNE  436          

ILLNESS INVESTIGATIONS, THE LABORATORY SHALL COOPERATE AND         437          

CONSULT WITH THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO        438          

SECTION 3715.02 OF THE REVISED CODE.                                            

      Sec. 3701.83.  (A)  There is hereby created in the state     447          

treasury the general operations fund.  Moneys in the fund shall    448          

be used for the purposes specified in sections 3701.04, 3701.344,  449          

                                                          10     


                                                                 
3701.88, 3702.20, 3710.15, 3711.021, 3717.45, 3721.02, 3722.04,    451          

3732.04, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07,     453          

3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09  454          

of the Revised Code.                                                            

      (B)  The alcohol testing program fund is hereby created in   457          

the state treasury.  The director of health shall use the fund to               

administer and enforce the alcohol testing and permit program      458          

authorized by section 3701.143 of the Revised Code.                459          

      The fund shall receive transfers from the liquor control     462          

fund created under section 4301.12 of the Revised Code.  All       463          

investment earnings of the alcohol testing program fund shall be   464          

credited to the fund.                                                           

      Sec. 3707.33.  The board of health of a city or general      473          

health district may appoint, define the duties of, and fix the     474          

compensation of the number of inspectors of shops, wagons,         475          

appliances, and meat FOOD, and the number of other persons         477          

necessary to carry out this chapter AND CHAPTER 3717. OF THE       478          

REVISED CODE and, if applicable, to carry out any duties assumed   479          

by the board under an agreement entered into under division (B)    480          

of section 917.02 of the Revised Code.  Inspectors for those       482          

purposes may enter any house, vehicle, or yard.  The board may     483          

authorize the health commissioner to perform the duties of the     484          

inspectors.                                                                     

      Sec. 3707.99.  (A)  Whoever violates section 3707.03 of the  493          

Revised Code, unless good and sufficient reason therefor is        494          

shown, is guilty of a minor misdemeanor.                           495          

      (B)  Whoever violates section 3707.38 of the Revised Code    497          

is guilty of a minor misdemeanor.                                  499          

      (C)  Whoever violates section 3707.48 of the Revised Code    501          

is guilty of a minor misdemeanor on a first offense; on each       503          

subsequent offense such person is guilty of a misdemeanor of the   504          

fourth degree.                                                                  

      Sec. 3709.09.  (A)  The board of health of a city or         513          

general health district may, by rule, establish a uniform system   514          

                                                          11     


                                                                 
of fees to pay the costs of any services provided by the board.    515          

Fees for services provided by the board for purposes specified in  516          

sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04, 3733.25,    518          

and 3749.04 of the Revised Code shall be established in            519          

accordance with rules adopted under division (B) of this section.  520          

The district advisory council, in the case of a general health     521          

district, and the legislative authority of the city, in the case   522          

of a city health district, may disapprove any fee established by   523          

the board of health under this division, and any such fee, as      524          

disapproved, shall not be charged by the board of health.          525          

      (B)(1)  The public health council shall adopt rules under    528          

section 111.15 of the Revised Code that establish fee categories   529          

and uniform methodologies for use in calculating the costs of      530          

services provided for purposes specified in sections 3701.344,     531          

3711.05, 3730.03, 3732.04, 3733.04, 3733.25, and 3749.04 of the    532          

Revised Code.  In adopting the rules, the public health council    533          

shall consider recommendations it receives from advisory boards    534          

established either by statute or the director of health for        535          

entities subject to the fees.                                                   

      (2)  As used in this division, "licensor" and "vending       537          

machine location" have the same meanings as in section 3732.01 of  538          

the Revised Code.                                                  539          

      The public health council shall, under its rules, prohibit   541          

licensors from increasing fees under section 3732.04 of the        543          

Revised Code for vending machine locations by a percentage of      544          

increase over the previous year's fee that exceeds the percentage  545          

of increase in the consumer price index for all urban consumers    546          

(United States city average, all items), prepared by the United    547          

States department of labor, bureau of labor statistics, for the    548          

immediately preceding calendar year.                               549          

      (C)  At least thirty days prior to establishing a fee for a  551          

service provided by the board for a purpose specified in section   552          

3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the    553          

Revised Code, a board of health shall notify any entity that       554          

                                                          12     


                                                                 
would be affected by the proposed fee of the amount of the         555          

proposed fee.  A board of health shall give notice in accordance   556          

with section 3732.04 of the Revised Code of the hearing regarding  557          

a proposed fee for a service provided for the purpose specified    559          

in that section.                                                   560          

      Sec. 3715.02.  (A)  The director of agriculture shall adopt  569          

rules in accordance with Chapter 119. of the Revised Code that     571          

establish, when otherwise not established by a law of this state,  573          

definitions for a food or class of food and standards for the      574          

following items as they pertain to the food or class of food:      575          

      (1)  Quality, identity, purity, grade, and strength;         578          

      (2)  Packaging and labeling;                                 580          

      (3)  Food processing equipment;                              582          

      (4)  Processing procedures;                                  584          

      (5)  Fill of containers.                                     586          

      The standards and definitions, where applicable, shall       588          

conform to the standards for foods adopted by the United States    589          

department of agriculture.  The rules, where applicable, shall     591          

conform to and be the same as AND THE UNITED STATES FOOD AND DRUG  592          

ADMINISTRATION.  PORTIONS OF TITLES 7, 9, AND 21 OF THE CODE OF    593          

FEDERAL REGULATIONS OR the regulations adopted for the             595          

enforcement of the "Federal Food, Drug, and Cosmetic Act," 52      596          

Stat. 1040 (1938), 21 U.S.C.A. 301 et seq., as amended, MAY BE     597          

ADOPTED AS RULES BY REFERENCING THE FEDERAL REGULATIONS, SUBJECT   598          

TO THE APPROVAL OF THE JOINT COMMITTEE ON AGENCY RULE REVIEW.      599          

      (B)  The director shall adopt rules in accordance with       602          

Chapter 119. of the Revised Code that establish, when otherwise    606          

not established by a law of this state, standards for food         607          

establishment facilities and sanitation of food establishments.    608          

      As used in this division, "food establishment" means a       610          

premises or part of a premises, other than a food service          611          

operation as defined in section 3732.01 of the Revised Code,       614          

where food is prepared, processed, stored, manufactured,           615          

transported, or otherwise held or handled for sale or              616          

                                                          13     


                                                                 
distribution.                                                                   

      (C)  In adopting rules that establish definitions and        619          

standards of identity for a food or class of food in which only a  620          

limited number of optional ingredients are permitted, the          621          

director shall designate the optional ingredients that must be     622          

listed on the label.                                                            

      (B)  THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH       625          

CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH PROCEDURES FOR                  

THE PERFORMANCE OF SAMPLE ANALYSES OF FOOD, FOOD ADDITIVES, AND    626          

FOOD PACKAGING MATERIALS.  THE CIRCUMSTANCES UNDER WHICH A SAMPLE  627          

ANALYSIS MAY BE REQUIRED INCLUDE THE FOLLOWING:                    628          

      (1)  WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL  630          

IS THE SUBJECT OF A CONSUMER COMPLAINT;                            631          

      (2)  WHEN REQUESTED BY A CONSUMER AFTER A PHYSICIAN HAS      633          

ISOLATED AN ORGANISM FROM THE CONSUMER AS THE PHYSICIAN'S          634          

PATIENT;                                                                        

      (3)  WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL  636          

IS SUSPECTED OF HAVING CAUSED AN ILLNESS;                          637          

      (4)  WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL  639          

IS SUSPECTED OF BEING ADULTERATED OR MISBRANDED;                   640          

      (5)  WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL  642          

IS SUBJECT TO VERIFICATION OF FOOD LABELING AND STANDARDS OF       643          

IDENTITY;                                                                       

      (6)  AT ANY OTHER TIME THE DIRECTOR CONSIDERS A SAMPLE       645          

ANALYSIS NECESSARY.                                                             

      (C)  IN FOODBORNE ILLNESS INVESTIGATIONS, THE DIRECTOR OF    647          

AGRICULTURE SHALL COOPERATE AND CONSULT WITH THE LABORATORY        648          

MAINTAINED BY THE DEPARTMENT OF HEALTH UNDER SECTION 3701.22 OF    649          

THE REVISED CODE.                                                               

      (D)  The director or the director's designee shall do all    652          

of the following:                                                  653          

      (1)  Inspect drugs, food, or drink manufactured, stored, or  656          

offered for sale in the THIS state;                                657          

      (2)  Prosecute or cause to be prosecuted each person         659          

                                                          14     


                                                                 
engaged in the unlawful manufacture or sale of an adulterated      661          

drug or article of food or drink, in violation of law;             662          

      (3)  Enforce all laws against fraud, adulteration, or        664          

impurities in drugs, foods, or drinks and unlawful labeling        666          

within the THIS state.                                                          

      (E)  The director may appoint or contract for one or more    669          

qualified persons to enforce the provisions of this chapter.       670          

      Sec. 3715.021.  (A)  AS USED IN THIS SECTION, "WHOLESALE     672          

FOOD ESTABLISHMENT" MEANS A PREMISES OR PART OF A PREMISES WHERE   673          

FOOD IS PROCESSED, PACKAGED, MANUFACTURED, OR OTHERWISE HELD OR    674          

HANDLED FOR SALE OR DISTRIBUTION AT WHOLESALE TO PERSONS OTHER     675          

THAN THE ULTIMATE CONSUMERS.  "WHOLESALE FOOD ESTABLISHMENT"       676          

INCLUDES THE ACTIVITIES OF A BAKERY, CONFECTIONERY, CANNERY,       677          

BOTTLER, WAREHOUSE, OR DISTRIBUTOR AND THE ACTIVITIES OF AN        678          

ENTITY THAT RECEIVES OR SALVAGES DISTRESSED FOOD FOR SALE OR USE   679          

AS FOOD.                                                                        

      (B)  THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN        681          

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT ESTABLISH,   683          

WHEN OTHERWISE NOT ESTABLISHED BY THE REVISED CODE, STANDARDS FOR  684          

WHOLESALE FOOD ESTABLISHMENTS, INCLUDING THE FACILITIES OF         685          

WHOLESALE FOOD ESTABLISHMENTS AND THEIR SANITATION.                686          

      A BUSINESS OR THAT PORTION OF A BUSINESS THAT IS REGULATED   688          

BY THE DEPARTMENT OF AGRICULTURE UNDER CHAPTER 917. OR 918. OF     689          

THE REVISED CODE IS NOT SUBJECT TO REGULATION UNDER THIS SECTION   691          

AS A WHOLESALE FOOD ESTABLISHMENT.                                              

      Sec. 3715.52.  (A)  The following acts and causing them are  700          

prohibited:                                                                     

      (1)  The manufacture, sale, or delivery, holding or          702          

offering for sale of any food, drug, device, or cosmetic that is   703          

adulterated or misbranded;                                         704          

      (2)  The adulteration or misbranding of any food, drug,      706          

device, or cosmetic;                                               707          

      (3)  The receipt in commerce of any food, drug, device, or   709          

cosmetic that is adulterated or misbranded, and the delivery or    710          

                                                          15     


                                                                 
proffered delivery thereof for pay or otherwise;                   711          

      (4)  The sale, delivery for sale, holding for sale, or       713          

offering for sale of any article in violation of section 3715.61   714          

or 3715.65 of the Revised Code;                                    715          

      (5)  The dissemination of any false advertisement;           717          

      (6)  The refusal to permit entry or inspection, or to        719          

permit the taking of a sample, as authorized by section 3715.70    720          

of the Revised Code;                                               721          

      (7)  The giving of a guaranty or undertaking that is false,  723          

except by a person who relied on a guaranty or undertaking to the  725          

same effect signed by, and containing the name and address of the  726          

person residing in this state from whom the person received in     727          

good faith the food, drug, device, or cosmetic;                    729          

      (8)  The removal or disposal of a detained or embargoed      731          

article in violation of section 3715.55 OR 3715.551 of the         732          

Revised Code;                                                      733          

      (9)  The alteration, mutilation, destruction, obliteration,  735          

or removal of the whole or any part of the labeling of, or the     736          

doing of any other act with respect to a food, drug, device, or    737          

cosmetic, if the act is done while the article is held for sale    739          

and results in the article being misbranded;                       740          

      (10)  Forging, counterfeiting, simulating, or falsely        742          

representing, or without proper authority using any mark, stamp,   743          

tag, label, or other identification device authorized or required  744          

by rules adopted pursuant to sections 3715.52 to 3715.72 of the    747          

Revised Code;                                                                   

      (11)  The using, on the labeling of any drug or in any       749          

advertisement relating to a drug, of any representation or         750          

suggestion that any application with respect to the drug is        751          

effective under section 3715.65 of the Revised Code or that the    753          

drug complies with the provisions of that section;                 754          

      (12)  The using by any person to the person's own            756          

advantage, or revealing, other than to the director of             757          

agriculture or to the courts when relevant in any judicial         758          

                                                          16     


                                                                 
proceeding under sections 3715.52 to 3715.72 of the Revised Code,  759          

any information acquired under authority of sections 3715.01 and   760          

3715.52 to 3715.72 of the Revised Code, concerning any             761          

information that as a trade secret is entitled to protection;      762          

      (13)  The issuance by the manufacturer, packer, or           764          

distributor of a dangerous drug of any advertisements,             765          

catalogues, or price lists, except those lists specifically        766          

designed for disseminating price change information, that do not   767          

contain in clearly legible form the name and place of business of  768          

the manufacturer who mixed the final ingredients and, if           769          

different, the manufacturer who produced the drug in its finished  770          

dosage form and, if different, the packer or distributor.          771          

      (B)(1)  No person at a flea market shall sell, offer for     773          

sale, or knowingly permit the sale of any of the following         774          

products:                                                          775          

      (a)  Baby food, infant formula, or similar products;         778          

      (b)  Any drug, cosmetic, or device;                          780          

      (c)  Any product on which is printed or stamped an           782          

expiration date or a date recommended by the manufacturer as       783          

either the last day on which the product should be offered for     784          

sale or the last day on which the product should be used.          785          

      (2)  Division (B)(1) of this section does not apply to a     788          

person who keeps available for public inspection an                789          

identification card identifying the person as an authorized        790          

representative of the manufacturer or distributor of any drug,     791          

cosmetic, or device, as long as the card is not false,             793          

fraudulent, or fraudulently obtained.                                           

      (3)  Division (B)(1)(c) of this section does not apply to a  796          

person or governmental entity that is licensed as a RETAIL FOOD    797          

ESTABLISHMENT OR food service operation under Chapter 3732 3717.   798          

of the Revised Code or is listed in division (A)(B)(9) or (12) of  800          

section 3732.01 3717.42 of the Revised Code.                       801          

      (4)  As used in division (B)(1) of this section, "flea       804          

market" means any location, other than a permanent retail store,                

                                                          17     


                                                                 
at which space is rented or otherwise made available to others     805          

for the conduct of business as transient or limited vendors as     806          

defined in section 5739.17 of the Revised Code.                    807          

      Sec. 3715.551.  (A)  AS USED IN THIS SECTION, "BOARD OF      809          

HEALTH," "RETAIL FOOD ESTABLISHMENT," AND "FOOD SERVICE            810          

OPERATION" HAVE THE SAME MEANINGS AS IN SECTION 3717.01 OF THE     812          

REVISED CODE.                                                                   

      (B)  THE EMBARGOING OF A FOOD MAY BE PERFORMED BY A BOARD    816          

OF HEALTH APPROVED UNDER SECTION 3717.11 OF THE REVISED CODE TO    817          

SERVE AS THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS OR FOOD        819          

SERVICE OPERATIONS, THE DIRECTOR OF HEALTH ACTING UNDER SECTION    820          

3717.11 OF THE REVISED CODE AS THE LICENSOR OF FOOD SERVICE        821          

OPERATIONS, OR A REPRESENTATIVE AUTHORIZED TO ACT ON BEHALF OF     822          

THE BOARD OF HEALTH OR DIRECTOR OF HEALTH.                                      

      THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN ACCORDANCE  824          

WITH CHAPTER 119. OF THE REVISED CODE SPECIFYING THE CONDITIONS    826          

UNDER WHICH A FOOD MAY BE EMBARGOED UNDER THIS SECTION AND THE     827          

PROCEDURES THAT MUST BE FOLLOWED WHEN THAT ACTION IS TAKEN.        829          

      Sec. 3715.99.  (A)  Whoever violates sections 3715.13 to     838          

3715.19, or 3715.38 of the Revised Code is guilty of a minor       840          

misdemeanor.                                                                    

      (B)  Whoever violates section 3715.21 of the Revised Code    842          

is guilty of a misdemeanor of the second degree on a first         844          

offense and a misdemeanor of the first degree on each subsequent   845          

offense.                                                                        

      (C)  Whoever violates section 3715.22, 3715.25, 3715.27, or  848          

3715.34 of the Revised Code is guilty of a misdemeanor of the      849          

fourth degree.                                                                  

      (D)(C)  Whoever violates section 3715.23 or 3715.36 of the   851          

Revised Code is guilty of a misdemeanor of the second degree.      852          

      (E)(D)  Whoever violates section 3715.52 or 3715.65 of the   854          

Revised Code is guilty of a misdemeanor of the fourth degree on a  855          

first offense; on each subsequent offense, the person is guilty    856          

of a misdemeanor of the second degree.                             857          

                                                          18     


                                                                 
      (F)(E)  Whoever violates section 3715.521 of the Revised     859          

Code is guilty of a minor misdemeanor.  A violation of that        861          

section occurs on a daily basis, not according to the number of    862          

times per day that an expired drug, baby food, or infant formula   863          

is sold, offered for sale, or delivered at retail or to the        864          

consumer.  Each day of violation is a separate offense.            865          

      Sec. 3732.01 3717.01.  As used in this chapter:              874          

      (A)  "OHIO UNIFORM FOOD SAFETY CODE" MEANS THE FOOD SAFETY   876          

AND RELATED STANDARDS ADOPTED UNDER SECTION 3717.05 OF THE         878          

REVISED CODE.                                                                   

      (B)  "FOOD" MEANS ANY RAW, COOKED, OR PROCESSED EDIBLE       880          

SUBSTANCE USED OR INTENDED FOR USE IN WHOLE OR IN PART FOR HUMAN   881          

CONSUMPTION.  "FOOD" INCLUDES ICE, WATER OR ANY OTHER BEVERAGE,    883          

FOOD INGREDIENTS, AND CHEWING GUM.                                              

      (C)  "RETAIL FOOD ESTABLISHMENT" MEANS A PREMISES OR PART    885          

OF A PREMISES WHERE FOOD, OVER-THE-COUNTER DRUGS, NUTRIENTS        886          

DESIGNED FOR USE IN LIEU OF PHARMACEUTICALS, AND PRODUCTS          888          

DESIGNED FOR USE AS DIETARY SUPPLEMENTS ARE STORED, PROCESSED,     889          

PREPARED, MANUFACTURED, OR OTHERWISE HELD OR HANDLED FOR RETAIL    890          

SALE.  EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "RETAIL FOOD      891          

ESTABLISHMENT" INCLUDES A SEASONAL RETAIL FOOD ESTABLISHMENT AND   892          

TEMPORARY RETAIL FOOD ESTABLISHMENT.                                            

      AS USED IN THIS DIVISION:                                    894          

      (1)  "RETAIL" MEANS THE SALE OF FOOD TO A PERSON WHO IS THE  897          

ULTIMATE CONSUMER.                                                              

      (2)  "PREPARED" MEANS ANY ACTION THAT AFFECTS A FOOD,        899          

INCLUDING RECEIVING AND MAINTAINING IT AT THE TEMPERATURE AT       901          

WHICH IT WAS RECEIVED.                                                          

      (D)  "SEASONAL RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL     903          

FOOD ESTABLISHMENT THAT IS OPERATED FOR NOT MORE THAN SIX MONTHS   904          

IN A LICENSING PERIOD.                                             905          

      (E)  "TEMPORARY RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL    907          

FOOD ESTABLISHMENT THAT IS OPERATED AT AN EVENT FOR NOT MORE THAN  909          

FIVE CONSECUTIVE DAYS, EXCEPT WHEN OPERATED FOR MORE THAN FIVE     910          

                                                          19     


                                                                 
CONSECUTIVE DAYS PURSUANT TO DIVISION (E)(2) OF SECTION 3717.23    911          

OF THE REVISED CODE.                                                            

      (F)  "Food service operation" means a place, location,       913          

site, or separate area where food intended to be served in         914          

individual portions is prepared or served for a charge or          915          

required donation, including mobile food service operations,       916          

catering food service operations, temporary food service           917          

operations, seasonal food service operations, vending machine      918          

locations, and food delivery sales operations.  As used in this    920          

division, "served" means a response made to an order for one or    921          

more individual portions of food in a form that is edible without  922          

washing, cooking, or additional preparation and "prepared" means   923          

any action that affects a food other than receiving or             924          

maintaining it at the temperature at which it was received.                     

      "Food service operation" does not include any of the         926          

following:                                                                      

      (1)  A private home in which individuals related by blood,   928          

marriage, or law reside and in which the food that is prepared or  929          

served is intended only for those individuals and their nonpaying  930          

guests;                                                            931          

      (2)  A residential facility that accommodates not more than  933          

sixteen residents; is licensed, certified, registered, or          934          

otherwise regulated by the federal government or by the state or   935          

a political subdivision of the state; and prepares food for or     936          

serves food to only the residents of the facility, the staff of    937          

the facility, and any nonpaying guests of residents or staff;      938          

      (3)  Churches, schools, fraternal or veterans'               940          

organizations, volunteer fire organizations, or volunteer          941          

emergency medical service organizations preparing or serving food  942          

intended for individual portion service on their premises for not  943          

more than seven consecutive days or not more than fifty-two        945          

separate days during a licensing period;                           946          

      (4)  Common carriers regulated by the federal government;    948          

      (5)  Food manufacturing or food processing operations        950          

                                                          20     


                                                                 
regulated by the federal government or a state agency, as defined  951          

in section 1.60 of the Revised Code, other than the department of  952          

health;                                                            953          

      (6)  Operations other than mobile food service operations    955          

serving only frozen desserts; beverages, nuts, popcorn, candy, or  956          

similar confections; bakery products identified in section 911.01  957          

of the Revised Code; or any combination of these items;            958          

      (7)  Operations serving five or fewer individuals daily;     960          

      (8)  Type A and type B family day-care homes, as defined in  962          

section 5104.01 of the Revised Code;                               963          

      (9)  Vending machine locations where the only vending        965          

machines are machines that dispense foods exclusively from one or  966          

both of the following categories:                                  967          

      (a)  Prepackaged foods that are not potentially hazardous    969          

as defined in rules adopted by the public health council under     970          

section 3732.02 of the Revised Code;                               971          

      (b)  Nuts, panned or wrapped bulk chewing gum, or panned or  973          

wrapped bulk candies.                                              974          

      (10)  Places servicing vending machines at vending machine   976          

locations described in division (A)(9) of this section;            977          

      (11)  Commissaries servicing vending machines dispensing     979          

only milk, milk products, or frozen desserts that are under a      980          

state or federal inspection and analysis program;                  981          

      (12)  Controlled location vending machine locations.  As     983          

used in this division, "controlled location vending machine        984          

location" means a vending machine location at which all of the     985          

following apply:                                                   986          

      (a)  The vending machines dispense only foods that are not   988          

potentially hazardous as defined in rules adopted by the public    989          

health council under section 3732.02 of the Revised Code;          990          

      (b)  The machines are designed to be filled and maintained   992          

in a sanitary manner by untrained persons;                         993          

      (c)  Minimal protection is necessary to ensure against       995          

contamination of food and equipment.                               996          

                                                          21     


                                                                 
      (B)  EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "FOOD         998          

SERVICE OPERATION" INCLUDES A CATERING FOOD SERVICE OPERATION,     999          

FOOD DELIVERY SALES OPERATION, MOBILE FOOD SERVICE OPERATION,      1,000        

SEASONAL FOOD SERVICE OPERATION, TEMPORARY FOOD SERVICE            1,001        

OPERATION, AND VENDING MACHINE LOCATION.                                        

      (G)  "Catering food service operation" means a food service  1,003        

operation where food is prepared for serving at a function or      1,004        

event held at an off-premises site, for a charge determined on a   1,005        

per-function or per-event basis.                                   1,006        

      (C)  "Food" means any raw, cooked, or processed edible       1,008        

substance, ice, water, beverage, or ingredient used or intended    1,009        

for use in whole or in part for human consumption.                 1,010        

      (D)(H)  "Food delivery sales operation" means a food         1,012        

service operation from which individual portions of food are       1,013        

ordered by a customer, prepared at another food service            1,014        

operation, and delivered to the customer by a person other than    1,015        

an employee of the food service operation that prepared the food.  1,016        

      (E)  "Frozen desserts" has the same meaning as in section    1,018        

917.01 of the Revised Code.                                        1,019        

      (F)  "Government entity" means the state, a political        1,021        

subdivision of the state, another state, or a political            1,022        

subdivision or other local body of another state.                  1,023        

      (G)  "Licensee" means the person or government entity        1,025        

holding a license to operate a food service operation.             1,026        

      (H)  "Licensing period" means the period beginning the       1,028        

first day of March and ending the last day of February of the      1,029        

next succeeding year.                                              1,030        

      (I)  "Licensor" means either of the following:               1,032        

      (1)  The board of health of a city or general health         1,034        

district, or the authority having the duties of a board of health  1,035        

under section 3709.05 of the Revised Code, approved by the         1,036        

director of health under section 3732.09 of the Revised Code;      1,037        

      (2)  The director of health acting pursuant to section       1,039        

3732.09 of the Revised Code.                                       1,040        

                                                          22     


                                                                 
      (J)(I)  "Mobile food service operation" means a food         1,042        

service operation that is operated from a movable vehicle,         1,043        

portable structure, or watercraft; AND THAT routinely changes      1,044        

location; and does not remain, EXCEPT THAT IF THE OPERATION        1,046        

REMAINS at any one location for more than forty consecutive days,  1,047        

THE OPERATION IS NO LONGER A MOBILE FOOD SERVICE OPERATION, BUT    1,048        

IS EITHER A DIFFERENT TYPE FOOD SERVICE OPERATION OR A RETAIL      1,049        

FOOD ESTABLISHMENT ACCORDING TO THE ACTIVITIES BEING ENGAGED IN    1,050        

AND THE TYPE OF FOOD BEING OFFERED FOR SALE.  "MOBILE FOOD                      

SERVICE OPERATION" INCLUDES AN OPERATION THAT DOES NOT REMAIN AT   1,051        

ANY ONE LOCATION FOR MORE THAN FORTY CONSECUTIVE DAYS AND SERVES   1,052        

ONLY FROZEN DESSERTS; BEVERAGES, NUTS, POPCORN, CANDY, OR SIMILAR  1,053        

CONFECTIONS; BAKERY PRODUCTS IDENTIFIED IN SECTION 911.01 OF THE   1,054        

REVISED CODE; OR ANY COMBINATION OF THOSE ITEMS.                                

      (K)(J)  "Seasonal food service operation" means a food       1,056        

service operation, other than a mobile food service operation,     1,057        

that is operated for not more than eight SIX months in each A      1,059        

licensing period.                                                  1,060        

      (L)(K)  "Temporary food service operation" means a food      1,062        

service operation that is operated at a single AN event for not    1,063        

more than five consecutive days, except when operated for more     1,065        

than five CONSECUTIVE days pursuant to division (E)(2) of section  1,066        

3732.03 3717.43 of the Revised Code.                               1,069        

      (M)  "Vending machine" means a self-service device that,     1,071        

upon insertion of currency, tokens, or similar means,              1,072        

automatically dispenses a predetermined unit serving of food       1,073        

either in bulk or in package and does not require replenishing     1,074        

after each use.                                                    1,075        

      (N)(L)  "Vending machine location" means an area or room     1,077        

where one or more vending machines are installed and operated,     1,078        

except that if the machines within an area are separated by more   1,079        

than one hundred fifty feet, each area separated by that distance  1,080        

constitutes a separate vending machine location.  AS USED IN THIS  1,081        

DIVISION, "VENDING MACHINE" MEANS A SELF-SERVICE DEVICE THAT       1,082        

                                                          23     


                                                                 
AUTOMATICALLY DISPENSES ON THE INSERTION OF CURRENCY, TOKENS, OR   1,083        

SIMILAR MEANS A PREDETERMINED UNIT SERVING OF FOOD, EITHER IN      1,084        

BULK OR IN PACKAGE, WITHOUT HAVING TO BE REPLENISHED AFTER EACH    1,085        

USE.                                                                            

      (M)  "BOARD OF HEALTH" MEANS A BOARD OF HEALTH OF A CITY OR  1,087        

GENERAL HEALTH DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF A    1,088        

BOARD OF HEALTH UNDER SECTION 3709.05 OF THE REVISED CODE.         1,089        

      (N)  "GOVERNMENT ENTITY" MEANS THIS STATE, A POLITICAL       1,091        

SUBDIVISION OF THIS STATE, ANOTHER STATE, OR A POLITICAL           1,092        

SUBDIVISION OR OTHER LOCAL GOVERNMENT BODY OF ANOTHER STATE.       1,093        

      (O)  "LICENSOR" MEANS ONE OF THE FOLLOWING:                  1,095        

      (1)  A BOARD OF HEALTH APPROVED UNDER SECTION 3717.11 OF     1,097        

THE REVISED CODE;                                                               

      (2)  THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO SECTION  1,099        

3717.11 OF THE REVISED CODE WITH RESPECT TO THE LICENSING OF       1,100        

RETAIL FOOD ESTABLISHMENTS;                                                     

      (3)  THE DIRECTOR OF HEALTH ACTING PURSUANT TO SECTION       1,102        

3717.11 OF THE REVISED CODE WITH RESPECT TO THE LICENSING OF FOOD  1,103        

SERVICE OPERATIONS.                                                             

      (P)  "LICENSING PERIOD" MEANS THE FIRST DAY OF MARCH TO THE  1,106        

LAST DAY OF FEBRUARY OF THE NEXT SUCCEEDING YEAR.                               

      Sec. 3717.02.  (A)  THERE IS HEREBY CREATED THE RETAIL FOOD  1,109        

SAFETY ADVISORY COUNCIL.  THE COUNCIL SHALL CONSIST OF THE                      

DIRECTOR OF AGRICULTURE OR A PERSON THE DIRECTOR DESIGNATES TO     1,110        

SERVE ON THE DIRECTOR'S BEHALF, THE DIRECTOR OF HEALTH OR A        1,112        

PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF,               

AND TWELVE ADDITIONAL MEMBERS APPOINTED JOINTLY BY THE DIRECTOR    1,114        

OF AGRICULTURE AND THE DIRECTOR OF HEALTH, AS FOLLOWS:             1,115        

      (1)  THREE PERSONS REPRESENTING THE INTERESTS OF RETAIL      1,117        

FOOD ESTABLISHMENTS;                                               1,118        

      (2)  THREE PERSONS REPRESENTING THE INTERESTS OF FOOD        1,120        

SERVICE OPERATIONS;                                                1,121        

      (3)  FOUR PERSONS REPRESENTING BOARDS OF HEALTH OR THE       1,123        

HEALTH DEPARTMENTS OPERATED BY BOARDS OF HEALTH;                   1,124        

                                                          24     


                                                                 
      (4)  ONE PERSON REPRESENTING THE ACADEMIC COMMUNITY WHO IS   1,126        

KNOWLEDGEABLE IN FOOD SCIENCE OR FOOD TECHNOLOGY;                  1,127        

      (5)  ONE PERSON REPRESENTING THE GENERAL PUBLIC WHO IS NOT   1,129        

EMPLOYED BY THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS AND    1,130        

HAS NO PECUNIARY INTEREST IN A RETAIL FOOD ESTABLISHMENT OR FOOD   1,131        

SERVICE OPERATION.                                                 1,132        

      (B)  IN MAKING APPOINTMENTS TO THE COUNCIL, THE DIRECTOR OF  1,135        

AGRICULTURE AND DIRECTOR OF HEALTH SHALL JOINTLY CONSULT WITH                   

STATEWIDE TRADE AND PROFESSIONAL ORGANIZATIONS THAT REPRESENT THE  1,137        

INTERESTS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE           1,138        

OPERATIONS.  THE ORGANIZATIONS MAY NOMINATE PERSONS TO BE          1,139        

CONSIDERED FOR APPOINTMENT AS COUNCIL MEMBERS.                     1,140        

      (C)  OF THE INITIAL APPOINTMENTS MADE TO THE COUNCIL, FIVE   1,142        

SHALL BE FOR TERMS ENDING THREE YEARS AFTER APPOINTMENT, FOUR      1,143        

SHALL BE FOR TERMS ENDING TWO YEARS AFTER APPOINTMENT, AND THREE   1,144        

SHALL BE FOR TERMS ENDING ONE YEAR AFTER APPOINTMENT.              1,145        

THEREAFTER, TERMS OF OFFICE SHALL BE THREE YEARS.  EACH MEMBER     1,146        

SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF    1,147        

THE TERM FOR WHICH THE MEMBER WAS APPOINTED.  MEMBERS MAY BE       1,148        

REAPPOINTED.                                                                    

      VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR         1,150        

ORIGINAL APPOINTMENTS.  A MEMBER APPOINTED TO FILL A VACANCY       1,151        

OCCURRING BEFORE THE EXPIRATION DATE OF THE TERM FOR WHICH THE     1,152        

MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS A MEMBER   1,153        

FOR THE REMAINDER OF THAT TERM.  A MEMBER SHALL CONTINUE IN        1,154        

OFFICE AFTER THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE    1,155        

MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS    1,156        

HAS ELAPSED, WHICHEVER OCCURS FIRST.                               1,157        

      (D)  A MEMBER MAY BE REMOVED FROM OFFICE FOR FAILING TO      1,159        

ATTEND TWO CONSECUTIVE COUNCIL MEETINGS WITHOUT SHOWING GOOD       1,160        

CAUSE FOR THE ABSENCES.  REMOVAL FROM OFFICE REQUIRES JOINT        1,161        

ACTION BY THE DIRECTOR OF AGRICULTURE AND DIRECTOR OF HEALTH.      1,162        

      (E)  THE DIRECTOR OF AGRICULTURE OR THE PERSON THE DIRECTOR  1,164        

DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF AND DIRECTOR OF       1,165        

                                                          25     


                                                                 
HEALTH OR THE PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE       1,166        

DIRECTOR'S BEHALF SHALL SERVE AS THE COUNCIL'S CO-CHAIRPERSONS     1,167        

WITHOUT VOTING RIGHTS.  A TWO-THIRDS MAJORITY VOTE OF THE          1,168        

COUNCIL'S VOTING MEMBERS IS NECESSARY FOR THE COUNCIL TO ACT ON    1,169        

ANY MATTER.                                                                     

      (F)  MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY    1,171        

EXPENSES INCURRED IN PERFORMING DUTIES AS MEMBERS.  THE EXPENSES   1,172        

SHALL BE SHARED EQUALLY BY THE DEPARTMENT OF AGRICULTURE AND THE   1,173        

DEPARTMENT OF HEALTH.  BOTH DEPARTMENTS SHALL PROVIDE              1,174        

ADMINISTRATIVE SUPPORT TO THE COUNCIL.                                          

      (G)  THE RETAIL FOOD SAFETY ADVISORY COUNCIL IS NOT SUBJECT  1,176        

TO SECTION 101.84 OF THE REVISED CODE.                             1,177        

      Sec. 3717.03.  (A)  THE RETAIL FOOD SAFETY ADVISORY COUNCIL  1,179        

SHALL MEET AS NECESSARY TO FULFILL ITS DUTIES, WHICH INCLUDE ALL   1,180        

THE FOLLOWING:                                                     1,181        

      (1)  MAKING RECOMMENDATIONS FOR THE OHIO UNIFORM FOOD        1,183        

SAFETY CODE;                                                                    

      (2)  EXAMINING SPECIFIC FOOD SAFETY ISSUES RAISED BY THE     1,185        

DIRECTOR OF AGRICULTURE OR DIRECTOR OF HEALTH AND MAKING           1,186        

RECOMMENDATIONS REGARDING THOSE ISSUES;                            1,187        

      (3)  MEDIATING UNRESOLVED ISSUES AMONG STATE AGENCIES ABOUT  1,189        

THE INTERPRETATION OF RULES ADOPTED UNDER THIS CHAPTER AND MAKING  1,191        

RECOMMENDATIONS REGARDING THE ISSUES;                                           

      (4)  MAKING RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE   1,193        

AND DIRECTOR OF HEALTH WITH RESPECT TO IMPROVING THE FOOD SAFETY   1,194        

AWARENESS OF CONSUMERS AND THEIR CONFIDENCE IN THE STATE'S FOOD    1,196        

SUPPLY;                                                                         

      (5)  MAKING RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE   1,198        

AND DIRECTOR OF HEALTH REGARDING THE LICENSING CATEGORIES AND      1,199        

INSPECTION FREQUENCIES TO BE USED IN REGULATING RETAIL FOOD        1,200        

ESTABLISHMENTS AND FOOD SERVICE OPERATIONS;                        1,201        

      (6)  MAKING RECOMMENDATIONS TO THE DIRECTOR OF HEALTH WITH   1,203        

RESPECT TO THE PROGRAM FOR CERTIFICATION OF INDIVIDUALS IN FOOD    1,204        

PROTECTION AND APPROVAL OF COURSES IN FOOD PROTECTION.             1,205        

                                                          26     


                                                                 
      (B)  THE COUNCIL SHALL HOLD A MEETING AT THE REQUEST OF THE  1,208        

DIRECTOR OF AGRICULTURE, AT THE REQUEST OF THE DIRECTOR OF                      

HEALTH, OR ON WRITTEN REQUEST OF THREE OR MORE VOTING MEMBERS OF   1,210        

THE COUNCIL.                                                                    

      Sec. 3717.04.  THE DIRECTOR OF AGRICULTURE, THE PUBLIC       1,212        

HEALTH COUNCIL, AND THE DIRECTOR OF HEALTH HAVE THE EXCLUSIVE      1,214        

POWER IN THIS STATE TO ADOPT RULES REGARDING RETAIL FOOD           1,215        

ESTABLISHMENTS AND FOOD SERVICE OPERATIONS.  THE RULES ADOPTED     1,216        

UNDER THIS CHAPTER SHALL BE APPLIED UNIFORMLY THROUGHOUT THIS      1,217        

STATE.                                                                          

      ALL RULES ADOPTED UNDER THIS CHAPTER SHALL BE ADOPTED IN     1,219        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE.  SUBJECT TO THE  1,221        

APPROVAL OF THE JOINT COMMITTEE ON AGENCY RULE REVIEW, PORTIONS    1,222        

OF THE RULES MAY BE ADOPTED BY REFERENCING ALL OR ANY PART OF ANY  1,223        

FEDERAL REGULATIONS PERTAINING TO FOOD SAFETY.                                  

      Sec. 3717.05.  (A)  THE DIRECTOR OF AGRICULTURE AND THE      1,226        

PUBLIC HEALTH COUNCIL SHALL ADOPT RULES ESTABLISHING STANDARDS     1,227        

FOR SAFE FOOD HANDLING AND SANITATION IN RETAIL FOOD               1,228        

ESTABLISHMENTS AND FOOD SERVICE OPERATIONS.  THE RULES SHALL BE    1,229        

COMPILED AS THE OHIO UNIFORM FOOD SAFETY CODE, WHICH SHALL BE      1,231        

USED BY THE LICENSORS OF RETAIL FOOD ESTABLISHMENTS AND FOOD                    

SERVICES OPERATIONS IN ENSURING THE SAFE HANDLING OF FOOD IN THIS  1,232        

STATE.  ALL SCIENTIFIC PROVISIONS OF THE OHIO UNIFORM FOOD SAFETY  1,234        

CODE THAT ARE RELEVANT TO BOTH RETAIL FOOD ESTABLISHMENTS AND                   

FOOD SERVICE OPERATIONS SHALL BE ADOPTED BY THE DIRECTOR OF        1,235        

AGRICULTURE AND THE PUBLIC HEALTH COUNCIL WITH EACH OTHER'S        1,236        

CONCURRENCE.                                                                    

      THE OHIO UNIFORM FOOD SAFETY CODE SHALL INCLUDE THE          1,239        

FOLLOWING:                                                                      

      (1)  CRITERIA FOR SANITATION IN RETAIL FOOD ESTABLISHMENTS   1,241        

AND FOOD SERVICE OPERATIONS;                                       1,242        

      (2)  CRITERIA FOR EQUIPMENT IN RETAIL FOOD ESTABLISHMENTS    1,244        

AND FOOD SERVICE OPERATIONS;                                       1,245        

      (3)  CRITERIA FOR REVIEWING THE FACILITY LAYOUT AND          1,247        

                                                          27     


                                                                 
EQUIPMENT SPECIFICATIONS OF RETAIL FOOD ESTABLISHMENTS AND FOOD    1,249        

SERVICE OPERATIONS;                                                             

      (4)  A DEFINITION OF "POTENTIALLY HAZARDOUS" AS IT PERTAINS  1,252        

TO FOOD IN RETAIL FOOD ESTABLISHMENTS AND TO FOOD IN FOOD SERVICE  1,253        

OPERATIONS;                                                                     

      (5)  CRITERIA TO BE USED IN EVALUATING THE PRIMARY BUSINESS  1,256        

OF A PERSON OR GOVERNMENT ENTITY FOR PURPOSES OF DETERMINING       1,257        

WHETHER THE PERSON OR ENTITY SHOULD BE LICENSED AS A RETAIL FOOD   1,258        

ESTABLISHMENT OR FOOD SERVICE OPERATION.                                        

      (B)(1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS        1,261        

SECTION, IF A MODEL FOOD CODE IS ESTABLISHED BY THE UNITED STATES  1,262        

FOOD AND DRUG ADMINISTRATION, THE OHIO UNIFORM FOOD SAFETY CODE    1,264        

SHALL BE BASED ON THE MOST CURRENT VERSION OF THE FOOD AND DRUG    1,266        

ADMINISTRATION'S MODEL FOOD CODE.  IF THE FOOD AND DRUG            1,267        

ADMINISTRATION ADOPTS, MODIFIES, OR RESCINDS A PROVISION IN THE    1,268        

MODEL FOOD CODE, NOT LATER THAN NINE MONTHS AFTER THE              1,269        

ADMINISTRATION'S ACTION, THE DIRECTOR OF AGRICULTURE AND PUBLIC    1,270        

HEALTH COUNCIL SHALL ADOPT, AMEND, OR RESCIND PROVISIONS IN THE    1,271        

OHIO UNIFORM FOOD SAFETY CODE TO ENSURE THAT IT CONTINUES TO                    

CONFORM WITH THE MODEL FOOD CODE.                                  1,273        

      (2)  THE OHIO UNIFORM FOOD SAFETY CODE MAY CONTAIN OR OMIT   1,275        

PROVISIONS THAT DO NOT CORRESPOND TO THE FOOD AND DRUG             1,278        

ADMINISTRATION'S MODEL FOOD CODE IF THE DIRECTOR OF AGRICULTURE    1,280        

OR THE PUBLIC HEALTH COUNCIL, WITH EACH OTHER'S CONCURRENCE,                    

DETERMINES EITHER OF THE FOLLOWING:                                1,282        

      (a)  THAT RULES CAN BE ADOPTED UNDER THIS CHAPTER THAT       1,284        

PROVIDE PROTECTION AT LEAST AS EFFECTIVE AS THAT WHICH WOULD BE    1,285        

PROVIDED BY BASING THE RULES ON THE MODEL FOOD CODE;               1,287        

      (b)  THAT LOCAL CONDITIONS WARRANT THE ADOPTION OF           1,289        

STANDARDS THAT ARE DIFFERENT FROM THE MODEL FOOD CODE.             1,290        

      Sec. 3717.06.  THE DIRECTOR OF AGRICULTURE SHALL CREATE      1,292        

WITHIN THE DEPARTMENT OF AGRICULTURE A POSITION TO BE FILLED BY    1,293        

AN INDIVIDUAL KNOWLEDGEABLE IN FOOD SAFETY AND THE EPIDEMIOLOGY    1,294        

OF FOODBORNE ILLNESS.  THE DIRECTOR OF HEALTH SHALL CREATE WITHIN  1,296        

                                                          28     


                                                                 
THE DEPARTMENT OF HEALTH A POSITION TO BE FILLED BY AN INDIVIDUAL               

KNOWLEDGEABLE IN FOOD SAFETY RULES CONCERNING FOOD SERVICE         1,297        

OPERATIONS AND THE EPIDEMIOLOGY OF FOODBORNE ILLNESS.  THE         1,298        

INDIVIDUALS APPOINTED TO THESE POSITIONS SHALL SERVE AS LIAISONS   1,299        

BETWEEN THE DEPARTMENTS.  THEY SHALL ALSO SERVE AS THE             1,301        

DEPARTMENTS' LIAISONS WITH OTHER STATE AGENCIES, BOARDS OF         1,302        

HEALTH, REPRESENTATIVES OF RETAIL AND OTHER FOOD ESTABLISHMENTS,   1,303        

REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND THE FEDERAL        1,305        

GOVERNMENT.                                                                     

      Sec. 3717.07.  FOR PURPOSES OF ESTABLISHING A LICENSING FEE  1,307        

UNDER SECTIONS 3717.25 AND 3717.45 OF THE REVISED CODE, THE        1,308        

DIRECTOR OF AGRICULTURE AND THE PUBLIC HEALTH COUNCIL SHALL ADOPT  1,310        

RULES ESTABLISHING UNIFORM METHODOLOGIES FOR USE IN CALCULATING    1,312        

THE COSTS OF LICENSING RETAIL FOOD ESTABLISHMENTS IN THE                        

CATEGORIES SPECIFIED BY THE DIRECTOR AND THE COSTS OF LICENSING    1,314        

FOOD SERVICE OPERATIONS IN THE CATEGORIES SPECIFIED BY THE         1,315        

COUNCIL.  IN ADOPTING THE RULES, THE DIRECTOR OF AGRICULTURE AND   1,316        

THE PUBLIC HEALTH COUNCIL SHALL CONSIDER ANY RECOMMENDATIONS       1,317        

RECEIVED FROM ADVISORY BOARDS OR OTHER ENTITIES REPRESENTING THE   1,318        

INTERESTS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE           1,319        

OPERATIONS.                                                                     

      WITH REGARD TO ANY FEES CHARGED FOR LICENSING VENDING        1,321        

MACHINE LOCATIONS, THE RULES SHALL PROHIBIT A LICENSOR FROM        1,322        

INCREASING FEES BY A PERCENTAGE OF INCREASE OVER THE PREVIOUS      1,323        

YEAR'S FEE THAT EXCEEDS THE PERCENTAGE OF INCREASE IN THE          1,324        

CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (UNITED STATES CITY   1,325        

AVERAGE, ALL ITEMS), PREPARED BY THE UNITED STATES DEPARTMENT OF   1,326        

LABOR, BUREAU OF LABOR STATISTICS, FOR THE IMMEDIATELY PRECEDING   1,328        

CALENDAR YEAR.                                                                  

      Sec. 3717.08  (A)  THE DIRECTOR OF AGRICULTURE AND DIRECTOR  1,330        

OF HEALTH SHALL STRIVE TO INCREASE CONSUMER CONFIDENCE IN THE      1,331        

STATE'S FOOD SUPPLY BY PROMOTING FOOD SAFETY AWARENESS AND         1,333        

EDUCATION.  THE EFFORTS OF THE DIRECTOR OF AGRICULTURE AND         1,334        

DIRECTOR OF HEALTH SHALL BE MADE, WHEN APPROPRIATE AND AVAILABLE,  1,335        

                                                          29     


                                                                 
THROUGH PARTNERSHIPS WITH REPRESENTATIVES OF RETAIL FOOD           1,336        

ESTABLISHMENTS, REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND    1,337        

REPRESENTATIVES OF THE ACADEMIC COMMUNITY, INCLUDING THE OHIO      1,338        

STATE UNIVERSITY EXTENSION SERVICE.                                1,339        

      (B)  AS PART OF THEIR PROMOTION OF FOOD SAFETY AWARENESS,    1,341        

THE DIRECTOR OF AGRICULTURE AND THE DIRECTOR OF HEALTH SHALL DO    1,342        

THE FOLLOWING:                                                                  

      (1)  DEVELOP TRAINING PROGRAMS REGARDING THE OHIO UNIFORM    1,344        

FOOD SAFETY CODE.  THE DIRECTORS MAY OFFER THE TRAINING PROGRAMS   1,346        

SEPARATELY BUT SHALL COORDINATE THE CONTENT OF THE PROGRAMS TO     1,348        

THE GREATEST EXTENT PRACTICABLE.  THE TRAINING PROGRAMS SHALL BE   1,349        

MADE AVAILABLE TO THE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE,  1,350        

EMPLOYEES OF THE DEPARTMENT OF HEALTH, REPRESENTATIVES OF BOARDS   1,351        

OF HEALTH AND THE HEALTH OFFICIALS EMPLOYED BY THE BOARDS,         1,352        

REPRESENTATIVES OF RETAIL FOOD ESTABLISHMENTS, AND                 1,353        

REPRESENTATIVES OF FOOD SERVICE OPERATIONS.                        1,354        

      (2)  CO-SPONSOR A BIENNIAL STATEWIDE FOOD SAFETY             1,356        

CONFERENCE.  ADDITIONAL STATEWIDE FOOD SAFETY CONFERENCES MAY BE   1,357        

HELD AS CONSIDERED APPROPRIATE BY THE DIRECTOR OF AGRICULTURE AND  1,358        

DIRECTOR OF HEALTH.                                                1,359        

      Sec. 3732.14 3717.09.  In accordance with rules adopted by   1,368        

the public health council under section 3732.02 3717.51 of the     1,370        

Revised Code, the director of health shall approve courses of      1,372        

study for certification in food protection AS IT PERTAINS TO       1,373        

RETAIL FOOD ESTABLISHMENTS AND AS IT PERTAINS TO FOOD SERVICE      1,374        

OPERATIONS.  The director shall certify individuals in food        1,377        

protection who successfully complete a course of study approved    1,378        

under this section and meet all other certification requirements   1,379        

specified in rules adopted by the public health council under      1,380        

section 3732.02 3717.51 of the Revised Code.                       1,381        

      Sec. 3732.09 3717.11.  (A)  The director of health shall     1,390        

survey the EACH board of health of each city or general health     1,392        

district, or the authority having the duties of a board of health  1,393        

under section 3709.05 of the Revised Code, that licenses or        1,394        

                                                          30     


                                                                 
proposes to license food service operations SHALL BE SURVEYED for  1,395        

the purpose of determining whether the board or authority is       1,397        

qualified AND HAS THE CAPACITY to administer and enforce this      1,400        

chapter and the rules adopted under it AND TO ABIDE BY THE OHIO    1,401        

UNIFORM FOOD SAFETY CODE.  Each IF THE BOARD LICENSES OR PROPOSES  1,402        

TO LICENSE RETAIL FOOD ESTABLISHMENTS, THE SURVEY SHALL BE         1,403        

CONDUCTED BY THE DIRECTOR OF AGRICULTURE.  IF THE BOARD LICENSES   1,404        

OR PROPOSES TO LICENSE FOOD SERVICE OPERATIONS, THE SURVEY SHALL   1,405        

BE CONDUCTED BY THE DIRECTOR OF HEALTH.                            1,406        

      EACH board or authority shall be surveyed BY EACH DIRECTOR   1,409        

at least once every three years.  Surveys shall be conducted in    1,412        

accordance with rules adopted by the director under section        1,414        

3732.13 SECTIONS 3717.33 AND 3717.52 of the Revised Code,  AS      1,416        

APPLICABLE.  THE DIRECTORS SHALL SCHEDULE AND CONDUCT THEIR        1,417        

SURVEYS IN A MANNER THAT MINIMIZES, TO THE EXTENT PRACTICABLE,     1,418        

INTRUSION ON AND INCONVENIENCE TO THE BOARD.                                    

      If the director determines A SURVEY DEMONSTRATES that the    1,420        

board or authority is qualified AND HAS THE REQUISITE CAPACITY,    1,423        

the director CONDUCTING THE SURVEY shall approve it THE BOARD as   1,424        

the licensor OF RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE         1,426        

OPERATIONS, WHICHEVER IS BEING CONSIDERED, for the district it     1,429        

THE BOARD serves.  If the director determines A SURVEY             1,430        

DEMONSTRATES that a board or authority is not qualified OR DOES    1,431        

NOT HAVE THE REQUISITE CAPACITY, the director CONDUCTING THE       1,433        

SURVEY shall not approve it THE BOARD as a licensor, or shall      1,435        

revoke the DIRECTOR'S approval, whichever is appropriate.  If the  1,437        

THE BOARD MAY APPEAL THE DECISION TO DENY OR REVOKE APPROVAL TO    1,438        

THE DIRECTOR TAKING THE ACTION.  THE APPEAL SHALL BE CONDUCTED IN  1,439        

ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3717.33 OR 3717.52 OF               

THE REVISED CODE, AS APPLICABLE.                                   1,440        

      IF approval is not granted DENIED or is revoked, the         1,444        

director TAKING THE ACTION SHALL DESIGNATE AN ALTERNATIVE          1,446        

LICENSOR FOR THE DISTRICT.  THE ALTERNATIVE LICENSOR SHALL BE A    1,447        

BOARD OF HEALTH THAT IS QUALIFIED AND HAS THE REQUISITE CAPACITY   1,449        

                                                          31     


                                                                 
TO SERVE AS ALTERNATIVE LICENSOR, EXCEPT THAT IF A QUALIFIED AND   1,450        

CAPABLE BOARD IS NOT AVAILABLE FROM A HEALTH DISTRICT WITHIN       1,451        

REASONABLE PROXIMITY, THE DIRECTOR THAT DENIED OR REVOKED THE      1,452        

BOARD'S APPROVAL shall act as the ALTERNATIVE licensor for the     1,453        

district or designate an alternative licensor to act as the        1,454        

licensor for the district.                                                      

      (B)  When the director revokes the approval of a board or    1,456        

authority IS REVOKED, all valid food service operation licenses    1,458        

issued by that board or authority FOR RETAIL FOOD ESTABLISHMENTS   1,460        

OR FOOD SERVICE OPERATIONS, WHICHEVER HAVE BEEN AFFECTED, shall    1,462        

be treated as though issued by the director or the alternative     1,463        

licensor, whichever is acting as the licensor for the district,    1,464        

and.  THE LICENSES shall remain valid until scheduled to expire    1,466        

unless earlier suspended or revoked by the director or                          

alternative licensor under section 3732.11 of the Revised Code.    1,467        

      (C)  All fees charged under section 3732.04 3717.25 OR       1,469        

3717.45 of the Revised Code that have not been expended by a       1,471        

board or authority that has had its approval revoked shall be      1,472        

transferred to the alternative licensor or to the director,        1,473        

whichever is appropriate.  An A BOARD OF HEALTH ACTING AS          1,475        

alternative licensor shall deposit the fees into a special fund    1,476        

it establishes for receipt of funds pertaining to the district     1,477        

for which it is acting as licensor.  IF THE DIRECTOR OF            1,479        

AGRICULTURE IS ACTING AS LICENSOR, THE DIRECTOR SHALL DEPOSIT THE  1,480        

FEES IN THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE      1,481        

REVISED CODE.  If the director OF HEALTH is acting as licensor,    1,484        

the DIRECTOR SHALL DEPOSIT THE fees shall be deposited in the      1,485        

general operations fund created in section 3701.82 3701.83 of the  1,486        

Revised Code.  All fees charged in the district by the             1,488        

alternative licensor or director shall be deposited in the same    1,489        

manner.  Moneys deposited under this division shall be used        1,490        

solely for the administration and enforcement of this chapter and  1,491        

the rules adopted under it in the district for which the           1,492        

alternative licensor or the director is acting as licensor.        1,494        

                                                          32     


                                                                 
      (D)(1)  A board or authority that has had its approval TO    1,496        

ACT AS A LICENSOR revoked may submit a request to the director     1,498        

WHO REVOKED THE APPROVAL to be reinstated as a licensor.  The      1,500        

request shall be in writing and shall specify the corrective       1,501        

measures the board or authority has taken and a proposed plan of   1,502        

action to remedy any remaining causes of the revocation.  The      1,503        

director may reinstate the board or authority as a licensor if     1,504        

all of the following occur:                                                     

      (a)  The board or authority pays or arranges to pay the      1,506        

alternative licensor or director, as applicable, for costs         1,507        

incurred in acting as licensor for the district and in             1,508        

transferring responsibility for the district to the board or       1,509        

authority, if those costs exceed the moneys available under        1,510        

division (C) of this section for the district;                     1,511        

      (b)  The board or authority corrects all causes of the       1,513        

revocation;                                                        1,514        

      (c)  The alternative licensor or director, as applicable,    1,516        

consents to the reinstatement.                                     1,517        

      (2)  The reinstatement of a board or authority as a          1,519        

licensor shall be conducted in accordance with procedures          1,520        

established in rules adopted UNDER THIS CHAPTER by the director    1,521        

under section 3732.13 of the Revised Code WHO REVOKED THE          1,524        

APPROVAL.                                                                       

      Sec. 3732.06 3717.12.  If all or part of the territory       1,533        

within a health district becomes subject to the jurisdiction of a  1,535        

different board of health of a city or general health district or  1,536        

authority having the duties of a board of health under section     1,537        

3709.05 of the Revised Code, all valid RETAIL FOOD ESTABLISHMENT   1,538        

OR food service operation licenses issued by the original board    1,540        

or authority OF HEALTH shall be treated as though issued by the    1,542        

board or authority OF HEALTH with jurisdiction over the territory  1,544        

and shall remain valid until scheduled to expire unless earlier    1,545        

suspended or revoked by the board or authority under section       1,546        

3732.11 of the Revised Code THIS CHAPTER.                          1,548        

                                                          33     


                                                                 
      Sec. 3732.10 3717.13.  A licensor may employ or enter into   1,557        

contracts with qualified persons and government entities to        1,558        

conduct inspections and to assist the licensor by performing       1,559        

routine services in the administration and enforcement of this     1,560        

chapter and the rules adopted under it.                            1,561        

      Sec. 3717.21.  EXCEPT AS PROVIDED IN SECTION 3717.22 OF THE  1,563        

REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL OPERATE A       1,565        

RETAIL FOOD ESTABLISHMENT WITHOUT A LICENSE.  A SEPARATE LICENSE   1,566        

IS REQUIRED FOR EACH RETAIL FOOD ESTABLISHMENT THAT A PERSON OR    1,567        

GOVERNMENT ENTITY OPERATES.                                                     

      NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH     1,569        

ANY OTHER REQUIREMENT OF THIS CHAPTER APPLICABLE TO RETAIL FOOD    1,571        

ESTABLISHMENTS.                                                                 

      Sec. 3717.22.  (A)  THE FOLLOWING ARE NOT RETAIL FOOD        1,573        

ESTABLISHMENTS:                                                    1,574        

      (1)  A FOOD SERVICE OPERATION LICENSED UNDER THIS CHAPTER,   1,577        

INCLUDING A FOOD SERVICE OPERATION THAT PROVIDES THE SERVICES OF   1,578        

A RETAIL FOOD ESTABLISHMENT PURSUANT TO AN ENDORSEMENT ISSUED      1,579        

UNDER SECTION 3717.44 OF THE REVISED CODE;                         1,580        

      (2)  AN ENTITY EXEMPT UNDER DIVISIONS (B)(1) TO (9), (11),   1,581        

OR (12) OF SECTION 3717.42 OF THE REVISED CODE FROM THE            1,582        

REQUIREMENT TO BE LICENSED AS A FOOD SERVICE OPERATION AND AN      1,583        

ENTITY EXEMPT UNDER DIVISION (B)(10) OF THAT SECTION IF THE        1,584        

ENTITY IS REGULATED BY THE DEPARTMENT OF AGRICULTURE AS A          1,585        

WHOLESALE FOOD ESTABLISHMENT UNDER SECTION 3715.021 OF THE         1,586        

REVISED CODE;                                                                   

      (3)  A BUSINESS OR THAT PORTION OF A BUSINESS THAT IS        1,588        

REGULATED BY THE FEDERAL GOVERNMENT OR THE DEPARTMENT OF           1,589        

AGRICULTURE AS A FOOD MANUFACTURING OR FOOD PROCESSING OPERATION,  1,590        

INCLUDING AN OPERATION OR THAT PORTION OF AN OPERATION REGULATED   1,591        

BY THE DEPARTMENT OF AGRICULTURE UNDER CHAPTER 911., 913., 915.,   1,593        

917., 918., OR 925. OF THE REVISED CODE.                                        

      (B)  ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT    1,595        

TO BE LICENSED AS A RETAIL FOOD ESTABLISHMENT:                     1,596        

                                                          34     


                                                                 
      (1)  AN OPERATION WITH COMMERCIALLY PREPACKAGED FOODS THAT   1,599        

ARE NOT POTENTIALLY HAZARDOUS AND CONTAINED IN DISPLAYS OF LESS    1,600        

THAN TEN CUBIC FEET;                                                            

      (2)  A STORAGE FACILITY OF LESS THAN FIVE HUNDRED SQUARE     1,603        

FEET CONTAINING PREPACKAGED FOODS THAT ARE NOT POTENTIALLY         1,604        

HAZARDOUS;                                                                      

      (3)  A ROADSIDE MARKET THAT OFFERS ONLY FRESH FRUITS AND     1,607        

FRESH VEGETABLES THAT ARE UNPROCESSED;                                          

      (4)  A NONPROFIT ORGANIZATION EXEMPT FROM FEDERAL INCOME     1,609        

TAXATION UNDER SECTION 501(c)(3) OF THE "INTERNAL REVENUE CODE OF  1,611        

1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, THAT RAISES      1,612        

FUNDS BY SELLING DISPLAYED FOODS, IF THE FOODS ARE NOT             1,613        

POTENTIALLY HAZARDOUS AND THE DISPLAY IS MADE FOR NOT MORE THAN    1,614        

SEVEN CONSECUTIVE DAYS OR MORE THAN FIFTY-TWO SEPARATE DAYS        1,615        

DURING A LICENSING PERIOD.                                                      

      Sec. 3717.23.  (A)  EACH PERSON OR GOVERNMENT ENTITY         1,618        

SEEKING A RETAIL FOOD ESTABLISHMENT LICENSE OR THE RENEWAL OF A    1,619        

LICENSE SHALL APPLY TO THE APPROPRIATE LICENSOR ON A FORM          1,620        

PROVIDED BY THE LICENSOR.  A LICENSOR SHALL USE A FORM PRESCRIBED  1,621        

AND FURNISHED TO THE LICENSOR BY THE DIRECTOR OF AGRICULTURE OR A  1,622        

FORM PRESCRIBED BY THE LICENSOR THAT HAS BEEN APPROVED BY THE      1,623        

DIRECTOR.  THE APPLICANT SHALL INCLUDE WITH THE APPLICATION ALL    1,624        

INFORMATION NECESSARY FOR THE LICENSOR TO PROCESS THE              1,625        

APPLICATION, AS REQUESTED BY THE LICENSOR.                         1,626        

      AN APPLICATION FOR A RETAIL FOOD ESTABLISHMENT LICENSE       1,628        

SHALL BE SUBMITTED TO THE LICENSOR FOR THE HEALTH DISTRICT IN      1,630        

WHICH THE RETAIL FOOD ESTABLISHMENT IS LOCATED.                    1,631        

      (B)  THE LICENSOR SHALL REVIEW ALL APPLICATIONS RECEIVED.    1,634        

THE LICENSOR SHALL ISSUE A LICENSE FOR A NEW RETAIL FOOD           1,635        

ESTABLISHMENT WHEN THE APPLICANT SUBMITS A COMPLETE APPLICATION    1,636        

AND THE LICENSOR DETERMINES THAT THE APPLICANT MEETS ALL OTHER     1,637        

REQUIREMENTS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT FOR    1,639        

RECEIVING THE LICENSE.  THE LICENSOR SHALL ISSUE A RENEWED                      

LICENSE ON RECEIPT OF A COMPLETE RENEWAL APPLICATION.              1,641        

                                                          35     


                                                                 
      THE LICENSOR SHALL ISSUE LICENSES FOR RETAIL FOOD            1,643        

ESTABLISHMENTS ON FORMS PRESCRIBED AND FURNISHED BY THE DIRECTOR   1,644        

OF AGRICULTURE.                                                                 

      (C)(1)  A RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES AT THE   1,646        

END OF THE LICENSING PERIOD FOR WHICH THE LICENSE IS ISSUED,       1,648        

EXCEPT AS FOLLOWS:                                                              

      (a)  A LICENSE ISSUED TO A NEW RETAIL FOOD ESTABLISHMENT     1,651        

AFTER THE FIRST DAY OF DECEMBER DOES NOT EXPIRE UNTIL THE END OF   1,652        

THE LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE.      1,653        

      (b)  A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES   1,655        

AT THE END OF THE PERIOD FOR WHICH IT IS ISSUED.                   1,656        

      (2)  ALL RETAIL FOOD ESTABLISHMENT LICENSES REMAIN VALID     1,659        

UNTIL SCHEDULED TO EXPIRE UNLESS EARLIER SUSPENDED OR REVOKED      1,661        

UNDER SECTION 3717.29 OR 3717.30 OF THE REVISED CODE.              1,662        

      (D)  A RETAIL FOOD ESTABLISHMENT LICENSE MAY BE RENEWED,     1,664        

EXCEPT THAT A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE IS NOT   1,665        

RENEWABLE.  A PERSON OR GOVERNMENT ENTITY SEEKING LICENSE RENEWAL  1,666        

SHALL SUBMIT AN APPLICATION FOR RENEWAL TO THE LICENSOR NOT LATER  1,667        

THAN THE FIRST DAY OF MARCH, EXCEPT IN THE CASE OF A SEASONAL      1,668        

RETAIL FOOD ESTABLISHMENT, WHEN THE RENEWAL APPLICATION SHALL BE   1,669        

SUBMITTED BEFORE COMMENCING OPERATION IN A NEW LICENSING PERIOD.   1,670        

A LICENSOR MAY RENEW A LICENSE PRIOR TO THE FIRST DAY OF MARCH,    1,672        

BUT NOT BEFORE THE FIRST DAY OF FEBRUARY IMMEDIATELY PRECEDING     1,674        

THE LICENSING PERIOD FOR WHICH THE LICENSE IS BEING RENEWED.       1,675        

      IF A PERSON OR GOVERNMENT ENTITY DOES NOT FILE A RENEWAL     1,677        

APPLICATION WITH THE LICENSOR POSTMARKED ON OR BEFORE THE FIRST    1,678        

DAY OF MARCH OR, IN THE CASE OF A SEASONAL RETAIL FOOD             1,679        

ESTABLISHMENT, THE FIRST DAY OF OPERATION IN A NEW LICENSING       1,680        

PERIOD, THE LICENSOR SHALL ASSESS A PENALTY OF TWENTY-FIVE PER     1,681        

CENT OF THE FEE CHARGED FOR RENEWING THE LICENSE, IF THE LICENSOR  1,682        

CHARGES RENEWAL FEES.  IF AN APPLICANT IS SUBJECT TO A PENALTY,    1,684        

THE LICENSOR SHALL NOT RENEW THE LICENSE UNTIL THE APPLICANT PAYS  1,685        

THE PENALTY.                                                                    

      (E)(1)  A LICENSOR MAY ISSUE NOT MORE THAN TEN TEMPORARY     1,688        

                                                          36     


                                                                 
RETAIL FOOD ESTABLISHMENT LICENSES PER LICENSING PERIOD TO THE     1,689        

SAME PERSON OR GOVERNMENT ENTITY TO OPERATE AT DIFFERENT EVENTS    1,690        

WITHIN THE LICENSOR'S JURISDICTION.  FOR EACH PARTICULAR EVENT, A  1,692        

LICENSOR MAY ISSUE ONLY ONE TEMPORARY RETAIL FOOD ESTABLISHMENT    1,693        

LICENSE TO THE SAME PERSON OR GOVERNMENT ENTITY.                   1,694        

      (2)  A LICENSOR MAY ISSUE A TEMPORARY RETAIL FOOD            1,695        

ESTABLISHMENT LICENSE TO OPERATE FOR MORE THAN FIVE CONSECUTIVE    1,696        

DAYS IF BOTH OF THE FOLLOWING APPLY:                               1,697        

      (a)  THE ESTABLISHMENT WILL BE OPERATED AT AN EVENT          1,698        

ORGANIZED BY A COUNTY AGRICULTURAL SOCIETY OR INDEPENDENT          1,700        

AGRICULTURAL SOCIETY ORGANIZED UNDER CHAPTER 1711. OF THE REVISED  1,701        

CODE.                                                                           

      (b)  THE PERSON WHO WILL RECEIVE THE LICENSE IS A RESIDENT   1,702        

OF THE COUNTY OR ONE OF THE COUNTIES FOR WHICH THE AGRICULTURAL    1,704        

SOCIETY WAS ORGANIZED.                                             1,705        

      (3)  A PERSON MAY BE GRANTED ONLY ONE TEMPORARY RETAIL FOOD  1,706        

ESTABLISHMENT LICENSE PER LICENSING PERIOD PURSUANT TO DIVISION    1,708        

(E)(2) OF THIS SECTION.                                                         

      (F)  THE LICENSOR MAY PLACE RESTRICTIONS OR CONDITIONS ON A  1,710        

RETAIL FOOD ESTABLISHMENT LICENSE, BASED ON THE EQUIPMENT OR       1,711        

FACILITIES OF THE ESTABLISHMENT, LIMITING THE TYPES OF FOOD THAT   1,712        

MAY BE STORED, PROCESSED, PREPARED, MANUFACTURED, OR OTHERWISE     1,713        

HELD OR HANDLED FOR RETAIL SALE.                                                

      (G)  THE PERSON OR GOVERNMENT ENTITY HOLDING A LICENSE FOR   1,715        

A RETAIL FOOD ESTABLISHMENT SHALL DISPLAY THE LICENSE FOR THAT     1,717        

RETAIL FOOD ESTABLISHMENT AT ALL TIMES AT THE LICENSED LOCATION.   1,718        

      (H)  WITH THE ASSISTANCE OF THE DEPARTMENT OF AGRICULTURE,   1,721        

THE LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE                  

PROCESS FOR LICENSING RETAIL FOOD ESTABLISHMENTS.                  1,722        

      Sec. 3717.24.  (A)  THE PERSON OR GOVERNMENT ENTITY HOLDING  1,725        

A LICENSE FOR A RETAIL FOOD ESTABLISHMENT MAY PROVIDE THE                       

SERVICES OF A FOOD SERVICE OPERATION WITHIN THE RETAIL FOOD        1,726        

ESTABLISHMENT WITHOUT OBTAINING A FOOD SERVICE OPERATION LICENSE   1,727        

IF THE PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF RETAIL   1,728        

                                                          37     


                                                                 
FOOD ESTABLISHMENTS AN ENDORSEMENT TO PROVIDE THE SERVICES OF A    1,729        

FOOD SERVICE OPERATION.                                                         

      (B)  WHEN THE ACTIVITIES OF A RETAIL FOOD ESTABLISHMENT AND  1,732        

A FOOD SERVICE OPERATION ARE CARRIED ON WITHIN THE SAME FACILITY   1,733        

BY THE SAME PERSON OR GOVERNMENT ENTITY, THE DETERMINATION OF      1,734        

WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A RETAIL FOOD     1,735        

ESTABLISHMENT OR FOOD SERVICE OPERATION SHALL BE MADE ACCORDING                 

TO THE PRIMARY BUSINESS OF THE PERSON OR ENTITY.  IF THE PRIMARY   1,737        

BUSINESS IS THAT OF A RETAIL FOOD ESTABLISHMENT, THE PERSON OR     1,738        

ENTITY SHALL BE LICENSED AS A RETAIL FOOD ESTABLISHMENT OPERATION  1,739        

WITH AN ENDORSEMENT FROM THE LICENSOR ISSUED UNDER THIS SECTION    1,740        

TO PROVIDE THE SERVICES OF A FOOD SERVICE OPERATION.  IF THE       1,741        

PRIMARY BUSINESS IS THAT OF A FOOD SERVICE OPERATION, THE PERSON   1,742        

OR ENTITY SHALL BE LICENSED AS A FOOD SERVICE OPERATION AND IS     1,743        

SUBJECT TO THE ENDORSEMENT PROVISIONS OF SECTION 3717.44 OF THE    1,744        

REVISED CODE.                                                                   

      THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE  1,747        

OPERATIONS FOR THE AREA IN WHICH A FACILITY IS LOCATED SHALL MAKE  1,748        

THE DETERMINATION OF WHETHER THE PRIMARY BUSINESS CARRIED ON       1,749        

WITHIN A FACILITY IS THAT OF A RETAIL FOOD ESTABLISHMENT OR FOOD   1,750        

SERVICE OPERATION.  IF THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS  1,751        

FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF FOOD SERVICE                    

OPERATIONS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH        1,752        

LICENSORS.  EACH DETERMINATION SHALL BE MADE ACCORDING TO          1,754        

CRITERIA SPECIFIED IN THE OHIO UNIFORM FOOD SAFETY CODE.                        

      (C)  A REQUEST TO HAVE A RETAIL FOOD ESTABLISHMENT LICENSE   1,757        

INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN APPLICATION FOR    1,758        

ISSUANCE OR RENEWAL OF A RETAIL FOOD ESTABLISHMENT OR MAY BE       1,759        

SUBMITTED SEPARATELY.  PROCEDURES FOR MAKING SEPARATE REQUESTS     1,760        

SHALL BE THE SAME AS THE LICENSE APPLICATION PROCEDURES            1,761        

ESTABLISHED UNDER SECTION 3717.23 OF THE REVISED CODE.             1,762        

      AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME       1,764        

MANNER AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION      1,765        

3717.29 OR 3717.30 OF THE REVISED CODE.  THE SUSPENSION OR         1,766        

                                                          38     


                                                                 
REVOCATION OF AN ENDORSEMENT DOES NOT AFFECT THE RETAIL FOOD       1,767        

ESTABLISHMENT LICENSE THAT INCLUDES THE ENDORSEMENT.  IF THE       1,768        

RETAIL FOOD ESTABLISHMENT LICENSE IS SUSPENDED OR REVOKED, THE     1,769        

ENDORSEMENT INCLUDED ON THE LICENSE IS ALSO SUSPENDED OR REVOKED.  1,771        

      (D)  IF A FOOD SERVICE OPERATION IS OPERATED WITHIN A        1,774        

RETAIL FOOD ESTABLISHMENT BY A PERSON OR GOVERNMENT ENTITY OTHER   1,775        

THAN THE PERSON OR ENTITY HOLDING THE LICENSE TO OPERATE THE       1,776        

RETAIL FOOD ESTABLISHMENT, THE FOOD SERVICE OPERATION MAY NOT BE   1,777        

OPERATED UNDER AN ENDORSEMENT ISSUED UNDER THIS SECTION.  THE                   

OPERATION SHALL BE LICENSED AS A SEPARATE FOOD SERVICE OPERATION.  1,779        

      Sec. 3717.25.  (A)  A LICENSOR MAY CHARGE FEES FOR ISSUING   1,782        

AND RENEWING RETAIL FOOD ESTABLISHMENT LICENSES.  ANY LICENSING    1,783        

FEE CHARGED SHALL BE USED SOLELY FOR THE ADMINISTRATION AND        1,784        

ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER AND THE RULES        1,787        

ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.                      

      ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL BE BASED  1,789        

ON THE LICENSOR'S COSTS OF REGULATING RETAIL FOOD ESTABLISHMENTS,  1,790        

AS DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES ESTABLISHED   1,791        

UNDER SECTION 3717.07 OF THE REVISED CODE.  IF THE LICENSOR IS A   1,792        

BOARD OF HEALTH, A FEE MAY BE DISAPPROVED BY THE DISTRICT          1,794        

ADVISORY COUNCIL IN THE CASE OF A GENERAL HEALTH DISTRICT OR THE   1,795        

LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF A CITY HEALTH     1,796        

DISTRICT.  A DISAPPROVED FEE SHALL NOT BE CHARGED BY THE BOARD OF  1,797        

HEALTH.                                                            1,798        

      AT LEAST THIRTY DAYS PRIOR TO ESTABLISHING A LICENSING FEE,  1,801        

THE LICENSOR SHALL HOLD A PUBLIC HEARING REGARDING THE PROPOSED    1,802        

FEE.  AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARING, THE        1,803        

LICENSOR SHALL GIVE WRITTEN NOTICE OF THE HEARING TO EACH PERSON   1,804        

OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD ESTABLISHMENT LICENSE   1,805        

THAT MAY BE AFFECTED BY THE PROPOSED FEE.  THE NOTICE SHALL BE     1,806        

MAILED TO THE LAST KNOWN ADDRESS OF THE LICENSEE AND SHALL         1,807        

SPECIFY THE DATE, TIME, AND PLACE OF THE HEARING AND THE AMOUNT    1,808        

OF THE PROPOSED FEE.  ON REQUEST, THE LICENSOR SHALL PROVIDE THE   1,809        

COMPLETED UNIFORM METHODOLOGY USED IN THE CALCULATION OF THE       1,810        

                                                          39     


                                                                 
LICENSOR'S COSTS AND THE PROPOSED FEE.                             1,811        

      (B)  IN ADDITION TO LICENSING FEES, A LICENSOR MAY CHARGE    1,814        

FEES FOR ANY OF THE FOLLOWING:                                     1,815        

      (1)  REVIEW OF FACILITY LAYOUT AND EQUIPMENT SPECIFICATIONS  1,816        

PERTAINING TO RETAIL FOOD ESTABLISHMENTS;                          1,818        

      (2)  ANY NECESSARY COLLECTION AND BACTERIOLOGICAL            1,820        

EXAMINATION OF SAMPLES FROM RETAIL FOOD ESTABLISHMENTS OR SIMILAR  1,821        

SERVICES SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY THE      1,822        

DIRECTOR OF AGRICULTURE;                                                        

      (3)  ATTENDANCE AT A COURSE OF STUDY OFFERED BY THE          1,824        

LICENSOR IN FOOD PROTECTION AS IT PERTAINS TO RETAIL FOOD          1,825        

ESTABLISHMENTS, IF THE COURSE IS APPROVED UNDER SECTION 3717.09    1,826        

OF THE REVISED CODE.                                                            

      (C)  THE DIRECTOR MAY DETERMINE BY RULE AN AMOUNT TO BE      1,829        

COLLECTED FROM APPLICANTS FOR RETAIL FOOD ESTABLISHMENT LICENSES   1,830        

FOR USE BY THE DIRECTOR IN ADMINISTERING AND ENFORCING THE         1,831        

PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT          1,832        

APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.  LICENSORS SHALL         1,833        

COLLECT THE AMOUNT PRIOR TO ISSUING AN APPLICANT'S NEW OR RENEWED  1,834        

LICENSE.  IF A LICENSING FEE IS CHARGED UNDER THIS SECTION, THE    1,835        

LICENSOR SHALL COLLECT THE AMOUNT AT THE SAME TIME THE FEE IS      1,836        

COLLECTED.  LICENSORS ARE NOT REQUIRED TO PROVIDE NOTICE OR HOLD   1,837        

PUBLIC HEARINGS REGARDING AMOUNTS COLLECTED UNDER THIS DIVISION.   1,838        

      NOT LATER THAN SIXTY DAYS AFTER THE LAST DAY OF THE MONTH    1,840        

IN WHICH A LICENSE IS ISSUED, THE LICENSOR SHALL CERTIFY THE       1,841        

AMOUNT COLLECTED UNDER THIS DIVISION AND TRANSMIT THE AMOUNT TO    1,842        

THE TREASURER OF STATE.  ALL AMOUNTS RECEIVED SHALL BE DEPOSITED   1,843        

INTO THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE         1,846        

REVISED CODE.  THE DIRECTOR SHALL USE THE AMOUNTS SOLELY FOR THE   1,847        

ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER   1,848        

AND THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD           1,850        

ESTABLISHMENTS.                                                                 

      WHEN ADOPTING RULES REGARDING THE AMOUNTS COLLECTED UNDER    1,852        

THIS DIVISION, THE DIRECTOR SHALL MAKE AVAILABLE DURING THE RULE   1,853        

                                                          40     


                                                                 
MAKING PROCESS THE CURRENT AND PROJECTED EXPENSES OF               1,854        

ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS CHAPTER AND     1,855        

THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD               1,857        

ESTABLISHMENTS AND THE TOTAL OF ALL AMOUNTS THAT HAVE BEEN         1,858        

DEPOSITED IN THE FOOD SAFETY FUND PURSUANT TO THIS DIVISION.       1,859        

      Sec. 3717.26.  (A)  A LICENSOR MAY TRANSFER A RETAIL FOOD    1,862        

ESTABLISHMENT LICENSE UNDER EITHER OF THE FOLLOWING                             

CIRCUMSTANCES:                                                     1,863        

      (1)  THE SALE OR DISPOSITION OF THE RETAIL FOOD              1,865        

ESTABLISHMENT;                                                     1,866        

      (2)  THE RELOCATION OF THE RETAIL FOOD ESTABLISHMENT.        1,869        

      (B)  A PERSON OR GOVERNMENT ENTITY MAY REQUEST TO RECEIVE A  1,872        

RETAIL FOOD ESTABLISHMENT LICENSE BY TRANSFER.  A LICENSOR MAY     1,873        

TRANSFER A LICENSE ONLY ON DETERMINING THAT THE PERSON OR          1,874        

GOVERNMENT ENTITY REQUESTING THE TRANSFER IS IN COMPLIANCE WITH    1,875        

THE PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT      1,877        

APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.  IN THE CASE OF THE      1,878        

SALE OR DISPOSITION OF A RETAIL FOOD ESTABLISHMENT, THE LICENSOR   1,879        

MAY TRANSFER A LICENSE ONLY IF THE LICENSEE CONSENTS TO THE        1,880        

TRANSFER.  A LICENSOR MAY NOT TRANSFER A LICENSE MORE THAN ONCE    1,882        

IN A LICENSING PERIOD.  A LICENSE FOR A TEMPORARY RETAIL FOOD      1,883        

ESTABLISHMENT IS NOT TRANSFERABLE.                                              

      Sec. 3717.27.  (A)  ALL INSPECTIONS OF RETAIL FOOD           1,885        

ESTABLISHMENTS CONDUCTED BY A LICENSOR UNDER THIS CHAPTER SHALL    1,886        

BE CONDUCTED ACCORDING TO THE PROCEDURES AND SCHEDULE OF           1,887        

FREQUENCY SPECIFIED IN RULES ADOPTED UNDER SECTION 3717.33 OF THE  1,888        

REVISED CODE.  AN INSPECTION MAY BE PERFORMED ONLY BY AN                        

INDIVIDUAL REGISTERED AS A SANITARIAN OR SANITARIAN-IN-TRAINING    1,890        

UNDER CHAPTER 4736. OF THE REVISED CODE.  EACH INSPECTION SHALL    1,892        

BE RECORDED ON A FORM PRESCRIBED AND FURNISHED BY THE DIRECTOR OF  1,893        

AGRICULTURE OR A FORM APPROVED BY THE DIRECTOR THAT HAS BEEN       1,894        

PRESCRIBED BY A BOARD OF HEALTH ACTING AS LICENSOR.  WITH THE      1,895        

ASSISTANCE OF THE DIRECTOR, A BOARD ACTING AS LICENSOR, TO THE     1,896        

EXTENT PRACTICABLE, SHALL COMPUTERIZE THE INSPECTION PROCESS AND   1,898        

                                                          41     


                                                                 
STANDARDIZE THE MANNER IN WHICH ITS INSPECTIONS ARE CONDUCTED.     1,900        

      (B)  A PERSON OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD     1,902        

ESTABLISHMENT LICENSE SHALL PERMIT THE LICENSOR TO INSPECT THE     1,904        

RETAIL FOOD ESTABLISHMENT FOR PURPOSES OF DETERMINING COMPLIANCE   1,905        

WITH THIS CHAPTER AND THE RULES ADOPTED UNDER IT OR INVESTIGATING  1,906        

A COMPLAINT CONCERNING THE ESTABLISHMENT.  ON REQUEST OF THE       1,907        

LICENSOR, THE LICENSEE SHALL PERMIT THE LICENSOR TO EXAMINE THE    1,908        

RECORDS OF THE RETAIL FOOD ESTABLISHMENT TO OBTAIN INFORMATION     1,909        

ABOUT THE PURCHASE, RECEIPT, OR USE OF FOOD, SUPPLIES, AND         1,910        

EQUIPMENT.                                                         1,911        

      (C)  AN INSPECTION MAY INCLUDE THE FOLLOWING:                1,914        

      (1)  AN INVESTIGATION TO DETERMINE THE IDENTITY AND SOURCE   1,917        

OF A PARTICULAR FOOD;                                                           

      (2)  REMOVAL FROM USE OF ANY EQUIPMENT, UTENSILS, HAND       1,919        

TOOLS, OR PARTS OF FACILITIES FOUND TO BE MAINTAINED IN A          1,920        

CONDITION THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC   1,921        

HEALTH.                                                                         

      Sec. 3717.28.  TRADE SECRETS AND OTHER FORMS OF INFORMATION  1,923        

THAT UNDER THIS CHAPTER ARE REQUIRED TO BE FURNISHED TO OR ARE     1,924        

PROCURED BY A LICENSOR OF RETAIL FOOD ESTABLISHMENTS SHALL BE FOR  1,925        

THE EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE           1,926        

DISCHARGE OF THE LICENSOR'S OFFICIAL DUTIES.  THE INFORMATION      1,927        

SHALL NOT BE OPEN TO THE PUBLIC OR USED IN ANY ACTION OR           1,928        

PROCEEDING IN ANY COURT.  IF THE LICENSOR IS A BOARD OF HEALTH,    1,929        

THE BOARD MAY SHARE THE INFORMATION WITH THE DIRECTOR OF           1,930        

AGRICULTURE AND DIRECTOR OF HEALTH IF THE LICENSOR IS THE                       

DIRECTOR OF AGRICULTURE, THE DIRECTOR MAY SHARE THE INFORMATION    1,931        

WITH THE DIRECTOR OF HEALTH.                                       1,932        

      THE LICENSOR SHALL MAINTAIN THE CONFIDENTIALITY OF THE       1,934        

INFORMATION, EXCEPT THAT THE INFORMATION MAY BE CONSOLIDATED IN    1,935        

STATISTICAL TABLES AND PUBLISHED BY THE LICENSOR IN STATISTICAL    1,936        

FORM FOR THE USE AND INFORMATION OF STATE AND LOCAL AGENCIES AND   1,937        

THE PUBLIC, IF THE STATISTICS DO NOT DISCLOSE DETAILS ABOUT A      1,938        

PARTICULAR PERSON OR GOVERNMENT ENTITY THAT PROVIDED INFORMATION   1,939        

                                                          42     


                                                                 
TO THE LICENSOR.  AN INDIVIDUAL EMPLOYED BY THE LICENSOR OR        1,940        

ASSISTING THE LICENSOR IN THE ADMINISTRATION OF THE RETAIL FOOD    1,941        

ESTABLISHMENT LICENSING REQUIREMENTS OF THIS CHAPTER SHALL NOT     1,942        

WILLFULLY DIVULGE ANY INFORMATION THAT IS CONFIDENTIAL UNDER THIS  1,943        

SECTION TO ANY PERSON OR GOVERNMENT ENTITY OTHER THAN THE          1,944        

LICENSOR OR THE INDIVIDUAL'S SUPERIOR.                             1,945        

      Sec. 3717.29.  (A)  THIS SECTION APPLIES WHEN THE LICENSOR   1,947        

OF RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH.                1,948        

      (B)  A BOARD OF HEALTH MAY SUSPEND OR REVOKE A RETAIL FOOD   1,951        

ESTABLISHMENT LICENSE ON DETERMINING THAT THE LICENSE HOLDER IS    1,952        

IN VIOLATION OF ANY REQUIREMENT OF THIS CHAPTER OR THE RULES       1,953        

ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS,         1,954        

INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN  1,955        

SANITARY CONDITIONS WITHIN THE ESTABLISHMENT.                                   

      (C)(1)  EXCEPT IN THE CASE OF A VIOLATION THAT PRESENTS A    1,958        

CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, BEFORE INITIATING   1,959        

ACTION TO SUSPEND OR REVOKE A RETAIL FOOD ESTABLISHMENT LICENSE,   1,960        

THE BOARD SHALL GIVE THE LICENSE HOLDER WRITTEN NOTICE SPECIFYING  1,962        

EACH VIOLATION AND A REASONABLE TIME WITHIN WHICH THE LICENSE      1,963        

HOLDER MUST CORRECT EACH VIOLATION TO AVOID SUSPENSION OR                       

REVOCATION OF THE LICENSE.  THE BOARD MAY EXTEND THE TIME          1,965        

SPECIFIED IN THE NOTICE FOR CORRECTING A VIOLATION IF THE LICENSE  1,966        

HOLDER IS MAKING A GOOD FAITH EFFORT TO CORRECT IT.                1,967        

      IF THE LICENSE HOLDER FAILS TO CORRECT THE VIOLATION IN THE  1,969        

TIME GRANTED BY THE BOARD, THE BOARD MAY INITIATE ACTION TO        1,970        

SUSPEND OR REVOKE THE RETAIL FOOD ESTABLISHMENT LICENSE BY GIVING  1,972        

THE LICENSE HOLDER WRITTEN NOTICE OF THE PROPOSED SUSPENSION OR    1,973        

REVOCATION.  THE BOARD SHALL INCLUDE IN THE NOTICE A DESCRIPTION   1,974        

OF THE PROCEDURE FOR APPEALING THE PROPOSED SUSPENSION OR          1,975        

REVOCATION.  THE LICENSE HOLDER MAY APPEAL THE PROPOSED                         

SUSPENSION OR REVOCATION BY GIVING WRITTEN NOTICE TO THE BOARD.    1,977        

THE LICENSE HOLDER SHALL SPECIFY IN THE NOTICE WHETHER A HEARING   1,978        

IS REQUESTED.  THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH    1,979        

DIVISION (C)(3) OF THIS SECTION.                                   1,980        

                                                          43     


                                                                 
      A HEALTH COMMISSIONER OR OTHER PERSON EMPLOYED BY THE        1,982        

BOARD, IF THE HEALTH COMMISSIONER OR PERSON IS AUTHORIZED BY THE   1,984        

BOARD TO TAKE THE ACTION, MAY TAKE ANY ACTION THAT THE BOARD MAY   1,985        

TAKE UNDER DIVISION (C)(1) OF THIS SECTION.                        1,986        

      (2)  IF A BOARD INITIATES ACTIONS TO REVOKE OR, EXCEPT IN    1,989        

THE CASE OF A VIOLATION THAT PRESENTS A CLEAR AND PRESENT DANGER   1,990        

TO THE PUBLIC HEALTH, TO SUSPEND A RETAIL FOOD ESTABLISHMENT       1,991        

LICENSE, THE BOARD SHALL DETERMINE WHETHER TO REVOKE OR SUSPEND    1,992        

THE LICENSE BY A MAJORITY VOTE OF THE BOARD MEMBERS WHO ARE        1,993        

PRESENT AT A MEETING AT WHICH THERE IS A QUORUM.                   1,994        

      IF THE BOARD DECIDES TO REVOKE OR SUSPEND THE LICENSE, THE   1,997        

BOARD SHALL ISSUE A FORMAL WRITTEN ORDER REVOKING OR SUSPENDING    1,998        

THE LICENSE.                                                                    

      (3)  AN APPEAL MADE UNDER DIVISION (C)(1) OF THIS SECTION    2,000        

SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN    2,002        

RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION         2,003        

3717.33 OF THE REVISED CODE.  IF A LICENSE HOLDER REQUESTS A       2,004        

HEARING, THE BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER  2,006        

UNDER DIVISION (C)(2) OF THIS SECTION BUT MAY HOLD THE HEARING AT  2,008        

THE SAME MEETING AT WHICH ISSUANCE OF THE ORDER IS CONSIDERED.     2,009        

      (D)(1)  ON DETERMINING THAT A LICENSE HOLDER IS IN           2,012        

VIOLATION OF ANY REQUIREMENT OF THIS CHAPTER OR THE RULES ADOPTED  2,013        

UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS AND THAT THE     2,014        

VIOLATION PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC        2,015        

HEALTH, THE BOARD MAY SUSPEND THE RETAIL FOOD ESTABLISHMENT        2,016        

LICENSE WITHOUT GIVING WRITTEN NOTICE OR AFFORDING THE LICENSE     2,017        

HOLDER THE OPPORTUNITY TO CORRECT THE VIOLATION.                   2,018        

      A SUSPENSION UNDER DIVISION (D)(1) OF THIS SECTION TAKES     2,021        

EFFECT IMMEDIATELY AND REMAINS IN EFFECT UNTIL THE BOARD RESCINDS  2,023        

THE SUSPENSION.                                                                 

      AFTER SUSPENDING A LICENSE UNDER DIVISION (D)(1) OF THIS     2,026        

SECTION, THE LICENSOR SHALL GIVE THE LICENSE HOLDER WRITTEN        2,027        

NOTICE OF THE PROCEDURE FOR APPEALING THE SUSPENSION.  THE         2,028        

LICENSE HOLDER MAY APPEAL THE SUSPENSION BY GIVING WRITTEN NOTICE  2,030        

                                                          44     


                                                                 
TO THE BOARD AND SPECIFYING IN THE NOTICE WHETHER A HEARING IS     2,031        

REQUESTED.  THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH                    

DIVISION (D)(2) OF THIS SECTION.                                   2,032        

      A HEALTH COMMISSIONER, IF AUTHORIZED BY THE BOARD TO TAKE    2,035        

THE ACTION, MAY TAKE ANY ACTION THAT MAY BE TAKEN BY THE BOARD     2,036        

UNDER DIVISION (D)(1) OF THIS SECTION.  A HEALTH COMMISSIONER WHO  2,037        

SUSPENDS A LICENSE UNDER THIS AUTHORITY, ON DETERMINING THAT       2,039        

THERE IS NO LONGER A CLEAR AND PRESENT DANGER TO THE PUBLIC        2,040        

HEALTH, MAY RESCIND THE SUSPENSION WITHOUT CONSULTING THE BOARD.   2,041        

      (2)  IF THE LICENSE HOLDER APPEALS A SUSPENSION UNDER        2,043        

DIVISION (D)(1) OF THIS SECTION, THE BOARD SHALL DETERMINE         2,045        

WHETHER THE CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH          2,046        

CONTINUES TO EXIST BY MAJORITY VOTE OF THE BOARD MEMBERS WHO ARE   2,048        

PRESENT AT A MEETING AT WHICH THERE IS A QUORUM.                   2,049        

      IF THE BOARD DETERMINES THAT THERE IS NO LONGER A CLEAR AND  2,052        

PRESENT DANGER TO THE PUBLIC HEALTH, THE BOARD SHALL RESCIND THE   2,053        

SUSPENSION.  IF THE BOARD DETERMINES THAT THE CLEAR AND PRESENT    2,054        

DANGER CONTINUES TO EXIST, THE BOARD SHALL ISSUE AN ORDER          2,055        

CONTINUING THE SUSPENSION.                                                      

      (3)  AN APPEAL REQUESTED UNDER DIVISION (D)(1) OF THIS       2,058        

SECTION SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES           2,059        

ESTABLISHED IN RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER  2,060        

SECTION 3717.33 OF THE REVISED CODE.  IF THE LICENSE HOLDER        2,061        

REQUESTS A HEARING, THE BOARD SHALL HOLD THE HEARING NOT LATER     2,063        

THAN TWO BUSINESS DAYS AFTER THE BOARD RECEIVES THE REQUEST.  THE  2,064        

BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER UNDER         2,065        

DIVISION (D)(2) OF THIS SECTION BUT MAY CONDUCT THE HEARING AT     2,066        

THE SAME MEETING AT WHICH ISSUANCE OF THE ORDER IS CONSIDERED.     2,069        

      (E)  A LICENSE HOLDER MAY APPEAL AN ORDER ISSUED UNDER       2,072        

DIVISION (C) OR (D) OF THIS SECTION TO THE COMMON PLEAS COURT OF   2,074        

THE COUNTY IN WHICH THE LICENSOR IS LOCATED.                                    

      Sec. 3717.30.  (A)  THIS SECTION APPLIES WHEN THE LICENSOR   2,083        

OF RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE.      2,084        

      (B)  THE DIRECTOR OF AGRICULTURE MAY SUSPEND OR REVOKE A     2,087        

                                                          45     


                                                                 
RETAIL FOOD ESTABLISHMENT LICENSE ON DETERMINING THAT A LICENSE    2,089        

HOLDER IS IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER OR THE    2,091        

RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD ESTABLISHMENTS,                

INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN  2,092        

SANITARY CONDITIONS WITHIN THE ESTABLISHMENT.  EXCEPT AS PROVIDED  2,094        

IN DIVISION (C)(9) OF THIS SECTION, THE SUSPENSION OR REVOCATION   2,096        

OF A LICENSE IS NOT EFFECTIVE UNTIL THE LICENSE HOLDER IS GIVEN    2,097        

WRITTEN NOTICE OF THE VIOLATION, A REASONABLE AMOUNT OF TIME TO    2,098        

CORRECT THE VIOLATION, AND AN OPPORTUNITY FOR A HEARING.           2,099        

      (C)  ALL ACTIONS AND PROCEEDINGS UNDERTAKEN PURSUANT TO      2,102        

THIS SECTION SHALL COMPLY WITH CHAPTER 119. OF THE REVISED CODE,   2,105        

EXCEPT AS FOLLOWS:                                                              

      (1)  THE LOCATION OF ANY ADJUDICATORY HEARING THAT THE       2,107        

LICENSE HOLDER REQUESTS SHALL BE THE DIRECTOR'S OFFICES IN         2,108        

LICKING COUNTY.                                                    2,109        

      (2)  THE DIRECTOR SHALL NOTIFY A LICENSE HOLDER BY           2,111        

CERTIFIED MAIL OR PERSONAL DELIVERY THAT THE LICENSE HOLDER IS     2,112        

CONDITIONALLY ENTITLED TO A HEARING.  THE DIRECTOR SHALL SPECIFY   2,113        

IN THE NOTICE THAT, IN ORDER TO OBTAIN A HEARING, THE LICENSE      2,114        

HOLDER MUST REQUEST THE HEARING NOT LATER THAN TEN DAYS AFTER THE  2,115        

DATE OF RECEIPT OF THE NOTICE.                                     2,116        

      (3)  IF THE LICENSE HOLDER REQUESTS A HEARING, THE DATE SET  2,118        

FOR THE HEARING SHALL BE NOT LATER THAN TEN DAYS AFTER THE DATE    2,119        

ON WHICH THE DIRECTOR RECEIVES THE REQUEST, UNLESS THE DIRECTOR    2,120        

AND THE LICENSE HOLDER AGREE OTHERWISE.                            2,121        

      (4)  THE DIRECTOR SHALL NOT POSTPONE OR CONTINUE AN          2,123        

ADJUDICATION HEARING WITHOUT THE CONSENT OF THE LICENSE HOLDER.    2,124        

IF THE LICENSE HOLDER REQUESTS A POSTPONEMENT OR CONTINUATION OF   2,125        

AN ADJUDICATION HEARING, THE DIRECTOR SHALL NOT GRANT IT UNLESS    2,126        

THE LICENSE HOLDER DEMONSTRATES THAT AN EXTREME HARDSHIP WILL BE   2,127        

INCURRED IN HOLDING THE ADJUDICATION HEARING ON THAT HEARING       2,128        

DATE.  IF THE DIRECTOR GRANTS A POSTPONEMENT OR CONTINUATION ON    2,130        

THE GROUNDS OF EXTREME HARDSHIP, THE RECORD SHALL DOCUMENT THE     2,131        

NATURE AND CAUSE OF THE EXTREME HARDSHIP.                          2,132        

                                                          46     


                                                                 
      (5)  IN LIEU OF HAVING A HEARING AND UPON THE LICENSE        2,134        

HOLDER'S WRITTEN REQUEST TO THE DIRECTOR, THE LICENSE HOLDER MAY   2,135        

SUBMIT TO THE DIRECTOR, NOT LATER THAN THE DATE OF THE HEARING     2,136        

SET PURSUANT TO DIVISION (C)(3) OF THIS SECTION, DOCUMENTS,        2,138        

PAPERS, AND OTHER WRITTEN EVIDENCE TO SUPPORT THE LICENSE          2,139        

HOLDER'S CLAIM.                                                                 

      (6)  IF THE DIRECTOR APPOINTS A REFEREE OR EXAMINER TO       2,141        

CONDUCT THE HEARING, THE FOLLOWING APPLY:                          2,142        

      (a)  A COPY OF THE WRITTEN ADJUDICATION REPORT AND           2,144        

RECOMMENDATIONS OF THE REFEREE OR EXAMINER SHALL BE SERVED BY      2,145        

CERTIFIED MAIL UPON THE DIRECTOR AND THE LICENSE HOLDER NOT LATER  2,147        

THAN THREE BUSINESS DAYS FOLLOWING THE CONCLUSION OF THE HEARING.  2,149        

      (b)  NOT LATER THAN THREE BUSINESS DAYS AFTER RECEIPT OF     2,152        

THE REPORT AND RECOMMENDATIONS, THE LICENSE HOLDER MAY FILE WITH   2,153        

THE DIRECTOR WRITTEN OBJECTIONS TO THE REPORT AND                               

RECOMMENDATIONS.                                                   2,154        

      (c)  THE DIRECTOR SHALL CONSIDER THE OBJECTIONS SUBMITTED    2,157        

BY THE LICENSE HOLDER BEFORE APPROVING, MODIFYING, OR                           

DISAPPROVING THE REPORT AND RECOMMENDATIONS.  THE DIRECTOR SHALL   2,158        

SERVE THE DIRECTOR'S ORDER UPON THE LICENSE HOLDER BY CERTIFIED    2,160        

MAIL NOT LATER THAN SIX BUSINESS DAYS AFTER RECEIVING THE REPORT   2,161        

AND RECOMMENDATIONS.                                                            

      (7)  IF THE DIRECTOR CONDUCTS THE HEARING, THE DIRECTOR      2,163        

SHALL SERVE THE DIRECTOR'S DECISION BY CERTIFIED MAIL UPON THE     2,164        

LICENSE HOLDER NOT LATER THAN THREE BUSINESS DAYS FOLLOWING THE    2,165        

CLOSE OF THE HEARING.                                              2,166        

      (8)  IF NO HEARING IS HELD, THE DIRECTOR SHALL ISSUE AN      2,168        

ORDER BY CERTIFIED MAIL TO THE LICENSE HOLDER NOT LATER THAN       2,170        

THREE BUSINESS DAYS FOLLOWING THE LAST DATE POSSIBLE FOR A         2,171        

HEARING, BASED ON THE RECORD THAT IS AVAILABLE.                    2,172        

      (9)  IF THE DIRECTOR DETERMINES THAT AN EMERGENCY EXISTS     2,174        

THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH,     2,175        

THE DIRECTOR MAY SUSPEND A LICENSE, EFFECTIVE WITHOUT A HEARING.   2,176        

THEREAFTER, WITHOUT DELAY, THE DIRECTOR SHALL AFFORD THE LICENSE   2,177        

                                                          47     


                                                                 
HOLDER AN OPPORTUNITY FOR HEARING.  ON DETERMINING THAT THERE IS   2,178        

NO LONGER A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, THE     2,179        

DIRECTOR MAY RESCIND THE SUSPENSION WITHOUT A HEARING.             2,180        

      Sec. 3717.31.  (A)  THIS SECTION APPLIES WHEN THE LICENSOR   2,182        

OF RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH.                2,183        

      AS USED IN THIS SECTION, "PROSECUTOR" HAS THE SAME MEANING   2,186        

AS IN SECTION 2935.01 OF THE REVISED CODE.                         2,188        

      (B)  AT THE REQUEST OF THE BOARD OF HEALTH, THE PROSECUTOR   2,191        

WITH JURISDICTION IN THE AREA WHERE A PERSON ALLEGEDLY HAS         2,192        

VIOLATED SECTION 3717.21 OF THE REVISED CODE SHALL COMMENCE A      2,194        

CRIMINAL PROSECUTION AGAINST THE PERSON.                                        

      AT THE REQUEST OF A BOARD OF HEALTH, THE DIRECTOR OF         2,196        

AGRICULTURE SHALL PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN THE     2,197        

PROSECUTION OF A PERSON WHO IS NOT IN COMPLIANCE WITH THE          2,198        

PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT          2,199        

APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.  REQUESTS SHALL BE MADE  2,200        

AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH RULES ADOPTED  2,201        

BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 3717.33 OF THE                     

REVISED CODE.                                                                   

      (C)  AT THE REQUEST OF THE BOARD OF HEALTH, THE PROSECUTOR   2,204        

WITH JURISDICTION IN THE AREA WHERE A PERSON OR GOVERNMENT ENTITY  2,205        

ALLEGEDLY HAS FAILED TO COMPLY WITH A REQUIREMENT OF THIS CHAPTER  2,207        

OR THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD                         

ESTABLISHMENTS SHALL COMMENCE IN COMMON PLEAS COURT AN ACTION      2,209        

REQUESTING THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER OR A      2,210        

PRELIMINARY OR PERMANENT INJUNCTION OR A MANDAMUS ACTION           2,211        

REGARDING THE ACT OF NONCOMPLIANCE.  THE COURT MAY GRANT THE                    

APPROPRIATE RELIEF IF IT IS SHOWN THAT THE RESPONDENT FAILED TO    2,212        

COMPLY WITH THE REQUIREMENT.                                       2,214        

      NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION         2,216        

2705.05 OF THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND   2,219        

TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH A            2,220        

RESTRAINING ORDER, INJUNCTION, OR WRIT OF MANDAMUS ISSUED                       

PURSUANT TO THIS DIVISION SHALL BE FINED NOT MORE THAN ONE         2,221        

                                                          48     


                                                                 
THOUSAND DOLLARS FOR EACH OFFENSE.  EACH DAY THE NONCOMPLIANCE     2,222        

CONTINUES IS A SEPARATE OFFENSE.                                   2,223        

      (D)  FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS        2,224        

SECTION SHALL BE DEPOSITED IN AN APPROPRIATE FUND CREATED FOR THE  2,225        

BOARD'S USE IN ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND    2,227        

THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD               2,228        

ESTABLISHMENTS.  THE REMAINING FIFTY PER CENT SHALL BE CREDITED    2,229        

TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE      2,230        

CASE IS PROSECUTED.                                                2,231        

      (E)  THE REMEDIES AVAILABLE UNDER THIS SECTION ARE IN        2,234        

ADDITION TO ANY OTHER REMEDIES AVAILABLE UNDER THE LAW.            2,235        

      Sec. 3717.32.  (A)  THIS SECTION APPLIES WHEN THE LICENSOR   2,244        

OF RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE.      2,246        

      (B)  IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW AND       2,248        

IRRESPECTIVE OF WHETHER AN ADEQUATE REMEDY AT LAW EXISTS, THE      2,249        

DIRECTOR OF AGRICULTURE MAY APPLY TO THE COURT OF COMMON PLEAS     2,250        

FOR A TEMPORARY OR PERMANENT INJUNCTION OR OTHER APPROPRIATE       2,252        

RELIEF CONCERNING THE VIOLATION OF A PROVISION OF THIS CHAPTER OR               

THE RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD               2,253        

ESTABLISHMENTS.  APPLICATION SHALL BE MADE TO THE COURT IN THE     2,254        

COUNTY IN WHICH THE VIOLATION OCCURS.                              2,255        

      NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION         2,256        

2705.05 OF THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND   2,257        

TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH AN           2,259        

INJUNCTION OR OTHER RELIEF ISSUED PURSUANT TO THIS DIVISION SHALL  2,261        

BE FINED NOT MORE THAN ONE THOUSAND DOLLARS.  EACH DAY THE                      

NONCOMPLIANCE CONTINUES IS A SEPARATE OFFENSE.                     2,263        

      (C)  FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS        2,264        

SECTION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT   2,265        

OF THE FOOD SAFETY FUND CREATED IN SECTION 915.24 OF THE REVISED   2,267        

CODE.  THE REMAINING FIFTY PER CENT SHALL BE CREDITED TO THE       2,269        

GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE CASE IS     2,271        

PROSECUTED.                                                                     

      Sec. 3717.33.  PURSUANT TO SECTION 3717.04 OF THE REVISED    2,274        

                                                          49     


                                                                 
CODE, THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES REGARDING THE  2,275        

FOLLOWING:                                                                      

      (A)  LICENSING CATEGORIES FOR RETAIL FOOD ESTABLISHMENTS     2,278        

AND LICENSING REQUIREMENTS FOR EACH CATEGORY, INCLUDING            2,279        

APPROPRIATE PRACTICES FOR THE ACTIVITIES PERFORMED BY A RETAIL                  

FOOD ESTABLISHMENT;                                                2,280        

      (B)  STANDARDS FOR COLLECTION OF FOOD SAMPLES FROM RETAIL    2,283        

FOOD ESTABLISHMENTS FOR PURPOSES OF IDENTIFYING ADULTERATION AND                

MISBRANDING;                                                       2,284        

      (C)  RECORDS TO BE GENERATED AND MAINTAINED BY LICENSED      2,287        

RETAIL FOOD ESTABLISHMENTS;                                                     

      (D)  APPEALS OF PROPOSED SUSPENSIONS AND REVOCATIONS OF      2,290        

RETAIL FOOD ESTABLISHMENT LICENSES AND APPEALS OF SUSPENSIONS OF   2,291        

LICENSES ISSUED FOR VIOLATIONS PRESENTING A CLEAR AND PRESENT                   

DANGER TO THE PUBLIC HEALTH;                                       2,292        

      (E)  STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF       2,294        

FREQUENCY, FOR CONDUCTING INSPECTIONS OF RETAIL FOOD               2,296        

ESTABLISHMENTS;                                                                 

      (F)  STANDARDS AND PROCEDURES FOR DETERMINING DURING AN      2,298        

INSPECTION WHETHER ARTICLES SHOULD BE REMOVED FROM USE BECAUSE OF  2,299        

A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH;                   2,300        

      (G)  STANDARDS AND PROCEDURES FOR CONDUCTING INVESTIGATIONS  2,303        

OF COMPLAINTS PERTAINING TO RETAIL FOOD ESTABLISHMENTS;            2,304        

      (H)  SURVEYS CONDUCTED BY THE DIRECTOR TO DETERMINE WHETHER  2,308        

BOARDS OF HEALTH ARE QUALIFIED AND HAVE THE CAPACITY TO                         

ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER AND THE      2,309        

RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS    2,310        

AND TO ABIDE BY THE OHIO UNIFORM FOOD SAFETY CODE;                 2,311        

      (I)  REINSTATEMENT OF A BOARD OF HEALTH AS A LICENSOR AFTER  2,314        

THE DIRECTOR HAS REVOKED THE APPROVAL OF THE BOARD;                2,315        

      (J)  PROCEDURES FOR RESOLVING DISPUTES BETWEEN LICENSORS     2,318        

AND THE HOLDERS OF LICENSES FOR RETAIL FOOD ESTABLISHMENTS;        2,319        

      (K)  PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A       2,321        

BOARD OF HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A      2,322        

                                                          50     


                                                                 
PERSON FOR A VIOLATION OF THE PROVISIONS OF THIS CHAPTER           2,323        

APPLICABLE TO RETAIL FOOD ESTABLISHMENTS;                                       

      (L)  ANY OTHER MATTER THE DIRECTOR CONSIDERS RELEVANT TO     2,326        

THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS                    

CHAPTER APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.                  2,327        

      Sec. 3717.41.    EXCEPT AS PROVIDED IN SECTION 3717.42 OF    2,329        

THE REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL OPERATE A   2,331        

FOOD SERVICE OPERATION WITHOUT A LICENSE.  A SEPARATE LICENSE IS   2,332        

REQUIRED FOR EACH FOOD SERVICE OPERATION A PERSON OR GOVERNMENT    2,333        

ENTITY OPERATES.                                                                

      NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH     2,335        

ANY OTHER REQUIREMENT OF THIS CHAPTER APPLICABLE TO FOOD SERVICE   2,337        

OPERATIONS.                                                                     

      Sec. 3717.42.  (A)  THE FOLLOWING ARE NOT FOOD SERVICE       2,339        

OPERATIONS:                                                                     

      (1)  A RETAIL FOOD ESTABLISHMENT LICENSED UNDER THIS         2,341        

CHAPTER, INCLUDING A RETAIL FOOD ESTABLISHMENT THAT PROVIDES THE   2,342        

SERVICES OF A FOOD SERVICE OPERATION PURSUANT TO AN ENDORSEMENT    2,343        

ISSUED UNDER SECTION 3717.44 OF THE REVISED CODE;                  2,344        

      (2)  AN ENTITY EXEMPT FROM THE REQUIREMENT TO BE LICENSED    2,345        

AS A RETAIL FOOD ESTABLISHMENT UNDER DIVISION (B) OF SECTION       2,346        

3717.22 OF THE REVISED CODE;                                       2,347        

      (3)  A BUSINESS OR THAT PORTION OF A BUSINESS THAT IS        2,349        

REGULATED BY THE FEDERAL GOVERNMENT OR THE DEPARTMENT OF           2,351        

AGRICULTURE AS A FOOD MANUFACTURING OR FOOD PROCESSING OPERATION,  2,352        

INCLUDING AN OPERATION OR THAT PORTION OF AN OPERATION REGULATED                

BY THE DEPARTMENT OF AGRICULTURE UNDER CHAPTER 911., 913., 915.,   2,354        

917., 918., OR 925. OF THE REVISED CODE.                           2,356        

      (B)  ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT    2,357        

TO BE LICENSED AS A FOOD SERVICE OPERATION:                        2,359        

      (1)  A PRIVATE HOME IN WHICH INDIVIDUALS RELATED BY BLOOD,   2,360        

MARRIAGE, OR LAW RESIDE AND IN WHICH THE FOOD THAT IS PREPARED OR  2,361        

SERVED IS INTENDED ONLY FOR THOSE INDIVIDUALS AND THEIR NONPAYING  2,362        

GUESTS;                                                            2,363        

                                                          51     


                                                                 
      (2)  A PRIVATE HOME OPERATED AS A BED-AND-BREAKFAST THAT     2,365        

PREPARES AND OFFERS FOOD TO GUESTS, IF THE HOME IS                 2,366        

OWNER-OCCUPIED, THE NUMBER OF AVAILABLE GUEST BEDROOMS DOES NOT    2,367        

EXCEED SIX, BREAKFAST IS THE ONLY MEAL OFFERED, AND THE NUMBER OF  2,368        

GUESTS SERVED DOES NOT EXCEED SIXTEEN;                             2,369        

      (3)  A STAND OPERATED ON THE PREMISES OF A PRIVATE HOME BY   2,371        

ONE OR MORE CHILDREN UNDER THE AGE OF TWELVE, IF THE FOOD SERVED   2,372        

IS NOT POTENTIALLY HAZARDOUS;                                      2,373        

      (4)  A RESIDENTIAL FACILITY THAT ACCOMMODATES NOT MORE THAN  2,375        

SIXTEEN RESIDENTS; IS LICENSED, CERTIFIED, REGISTERED, OR          2,376        

OTHERWISE REGULATED BY THE FEDERAL GOVERNMENT OR BY THE STATE OR   2,377        

A POLITICAL SUBDIVISION OF THE STATE; AND PREPARES FOOD FOR OR     2,378        

SERVES FOOD TO ONLY THE RESIDENTS OF THE FACILITY, THE STAFF OF    2,379        

THE FACILITY, AND ANY NONPAYING GUESTS OF RESIDENTS OR STAFF;      2,380        

      (5)  A CHURCH, SCHOOL, FRATERNAL OR VETERANS' ORGANIZATION,  2,383        

VOLUNTEER FIRE ORGANIZATION, OR VOLUNTEER EMERGENCY MEDICAL        2,384        

SERVICE ORGANIZATION PREPARING OR SERVING FOOD INTENDED FOR        2,385        

INDIVIDUAL PORTION SERVICE ON ITS PREMISES FOR NOT MORE THAN       2,386        

SEVEN CONSECUTIVE DAYS OR NOT MORE THAN FIFTY-TWO SEPARATE DAYS    2,388        

DURING A LICENSING PERIOD;                                                      

      (6)  A COMMON CARRIER THAT PREPARES OR SERVES FOOD, IF THE   2,390        

CARRIER IS REGULATED BY THE FEDERAL GOVERNMENT;                    2,391        

      (7)  A FOOD SERVICE OPERATION SERVING FIVE OR FEWER          2,393        

INDIVIDUALS DAILY;                                                              

      (8)  A TYPE A OR TYPE B FAMILY DAY-CARE HOME, AS DEFINED IN  2,396        

SECTION 5104.01 OF THE REVISED CODE, THAT PREPARES OR SERVES FOOD  2,398        

FOR THE CHILDREN RECEIVING DAY-CARE;                                            

      (9)  A VENDING MACHINE LOCATION WHERE THE ONLY FOODS         2,401        

DISPENSED ARE FOODS FROM ONE OR BOTH OF THE FOLLOWING CATEGORIES:  2,402        

      (a)  PREPACKAGED FOODS THAT ARE NOT POTENTIALLY HAZARDOUS;   2,404        

      (b)  NUTS, PANNED OR WRAPPED BULK CHEWING GUM, OR PANNED OR  2,406        

WRAPPED BULK CANDIES.                                              2,407        

      (10)  A PLACE SERVICING THE VENDING MACHINES AT A VENDING    2,409        

MACHINE LOCATION DESCRIBED IN DIVISION (B)(9) OF THIS SECTION;     2,410        

                                                          52     


                                                                 
      (11)  A COMMISSARY SERVICING VENDING MACHINES THAT DISPENSE  2,412        

ONLY MILK, MILK PRODUCTS, OR FROZEN DESSERTS THAT ARE UNDER A      2,413        

STATE OR FEDERAL INSPECTION AND ANALYSIS PROGRAM;                  2,414        

      (12)  A "CONTROLLED LOCATION VENDING MACHINE LOCATION,"      2,417        

WHICH MEANS A VENDING MACHINE LOCATION AT WHICH ALL OF THE                      

FOLLOWING APPLY:                                                   2,418        

      (a)  THE VENDING MACHINES DISPENSE ONLY FOODS THAT ARE NOT   2,420        

POTENTIALLY HAZARDOUS;                                             2,421        

      (b)  THE MACHINES ARE DESIGNED TO BE FILLED AND MAINTAINED   2,423        

IN A SANITARY MANNER BY UNTRAINED PERSONS;                         2,424        

      (c)  MINIMAL PROTECTION IS NECESSARY TO ENSURE AGAINST       2,426        

CONTAMINATION OF FOOD AND EQUIPMENT.                               2,427        

      Sec. 3732.03 3717.43.  (A)  No person or government entity   2,436        

shall operate a food service operation without a license.  A       2,438        

separate license is required for each food service operation that  2,439        

a person or government entity operates.                            2,440        

      (B)  Each person or government entity requesting a food      2,442        

service operation license or the renewal of a license shall apply  2,443        

to the appropriate licensor on a form provided by the licensor.    2,444        

Licensors shall use a form prescribed and furnished to the         2,445        

licensor by the director of health or a form prescribed by the     2,446        

licensor that has been approved by the director.  THE APPLICANT    2,447        

SHALL INCLUDE WITH THE APPLICATION ALL INFORMATION NECESSARY FOR   2,448        

THE LICENSOR TO PROCESS THE APPLICATION, AS REQUESTED BY THE       2,449        

LICENSOR.                                                                       

      Applications for food service operation licenses other than  2,451        

those for mobile and catering food service operation licenses      2,452        

shall be submitted to the licensor for the health district in      2,453        

which the food service operation is located.  Applications for     2,454        

mobile food service operation licenses shall be submitted to the   2,455        

licensor for the health district in which the applicant's          2,456        

business headquarters are located, or, if the headquarters are     2,457        

located outside this state, to the licensor for the district       2,458        

where the applicant will first operate in this state.              2,459        

                                                          53     


                                                                 
Applications for catering food service operation licenses shall    2,460        

be submitted to the licensor for the district where the            2,461        

applicant's base of operation is located.                          2,462        

      (C)  A (B)  THE licensor shall review all applications       2,464        

received.  The licensor shall issue a license for a new food       2,465        

service operation when the applicant submits a complete            2,466        

application and the licensor determines that the applicant meets   2,467        

all other requirements for receiving the license in accordance     2,468        

with OF this chapter and the rules adopted under it FOR RECEIVING  2,470        

THE LICENSE.  The licensor shall issue a renewed license on        2,472        

receipt of a complete renewal application.                                      

      Licenses THE LICENSOR shall be issued ISSUE LICENSES FOR     2,476        

FOOD SERVICE OPERATIONS on forms prescribed and furnished by the   2,477        

director of health.  If the license is for a mobile food service   2,478        

operation, the licensor shall post the operation's layout,         2,479        

equipment, and menu on the back of the license.                                 

      A MOBILE OR CATERING FOOD SERVICE OPERATION LICENSE ISSUED   2,481        

BY ONE LICENSOR SHALL BE RECOGNIZED BY ALL OTHER LICENSORS IN      2,482        

THIS STATE.                                                                     

      (C)(1)  A food service operation license other than a        2,484        

temporary food service operation license expires at the end of     2,485        

the licensing period for which the license is issued and may be    2,486        

renewed.  A, EXCEPT AS FOLLOWS:                                    2,487        

      (a)  A LICENSE ISSUED TO A NEW FOOD SERVICE OPERATION AFTER  2,488        

THE FIRST DAY OF DECEMBER SHALL NOT EXPIRE UNTIL THE END OF THE    2,490        

LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE.          2,491        

      (b)  A temporary food service operation license expires at   2,494        

the end of the period for which it is issued and is not            2,496        

renewable.  All                                                                 

      (2)  ALL food service operation licenses remain valid until  2,499        

they are scheduled to expire unless earlier suspended or revoked   2,500        

under section 3732.11 3717.49 of the Revised Code.                              

      A mobile or catering food service operation license issued   2,502        

by one licensor shall be recognized by all other licensors in      2,503        

                                                          54     


                                                                 
this state.                                                        2,504        

      (D)  A FOOD SERVICE OPERATION LICENSE MAY BE RENEWED,        2,506        

EXCEPT THAT A TEMPORARY FOOD SERVICE OPERATION LICENSE IS NOT      2,507        

RENEWABLE.  Applications for renewal of food service operation     2,508        

licenses other than those for mobile and seasonal food service     2,509        

operation licenses shall be submitted to the licensor not later    2,510        

than the first day of March.  Renewal applications for mobile and  2,511        

seasonal food service operation licenses shall be submitted prior  2,512        

to commencing operation in a new licensing period.  A licensor     2,513        

may renew a license prior to the first day of March or the first   2,514        

day of operation in a new licensing period, but not before the     2,515        

first day of February immediately preceding the licensing period   2,516        

for which the license is being renewed.                            2,517        

      If a renewal application is not filed with the licensor or   2,519        

postmarked on or before the first day of March or, in the case of  2,520        

a mobile or seasonal food service operation, the first day of      2,521        

operation in a new licensing period, the licensor shall assess a   2,522        

penalty of twenty-five per cent of the fee charged for renewing    2,523        

licenses, if the licensor charges renewal fees.  If an applicant   2,524        

is subject to a penalty, the licensor shall not renew the license  2,525        

until the applicant pays the penalty.                              2,526        

      (E)(1)  Except as provided in division (E)(3) of this        2,528        

section, there is no limit on the number of temporary food         2,529        

service operation licenses a A licensor may issue NOT MORE THAN    2,531        

TEN TEMPORARY FOOD SERVICE OPERATION LICENSES PER LICENSING        2,532        

PERIOD to a THE SAME person or government entity to operate at     2,535        

different events WITHIN THE LICENSOR'S JURISDICTION.  For each     2,536        

particular event, a licensor may issue only one TEMPORARY FOOD     2,537        

SERVICE OPERATION license for TO the same operation PERSON OR      2,539        

GOVERNMENT ENTITY.                                                              

      (2)  A licensor may issue a temporary food service           2,541        

operation license to operate for more than five CONSECUTIVE days   2,542        

if both of the following apply:                                    2,543        

      (a)  The operation will be operated at an event organized    2,545        

                                                          55     


                                                                 
by a county agricultural society or independent agricultural       2,546        

society organized under Chapter 1711. of the Revised Code;         2,547        

      (b)  The person who will receive the license is a resident   2,549        

of the county or one of the counties for which the agricultural    2,550        

society was organized.                                             2,551        

      (3)  A person may be granted only one temporary food         2,553        

service operation license per licensing period pursuant to         2,554        

division (E)(2) of this section.                                   2,555        

      (F)  The licensor may place restrictions or conditions on a  2,557        

food service operation license limiting the types of food that     2,558        

may be prepared or served by the licensee FOOD SERVICE OPERATION   2,559        

based on the equipment or facilities of the food service           2,561        

operation.  Limitations pertaining to a mobile or catering food    2,562        

service operation shall be posted on the back of the license.      2,563        

      (G)  A licensee THE PERSON OR GOVERNMENT ENTITY HOLDING A    2,565        

LICENSE FOR A FOOD SERVICE OPERATION shall display the license     2,566        

for that food service operation at all times at the licensed       2,567        

location.  A licensee PERSON OR GOVERNMENT ENTITY holding a        2,568        

catering food service operation license shall also maintain a      2,570        

copy of the license at each catered event.                                      

      (H)  WITH THE ASSISTANCE OF THE DEPARTMENT OF HEALTH, THE    2,572        

LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE         2,573        

PROCESS FOR LICENSING FOOD SERVICE OPERATIONS.                     2,575        

      Sec. 3717.44.  (A)  THE PERSON OR GOVERNMENT ENTITY HOLDING  2,577        

A LICENSE FOR A FOOD SERVICE OPERATION MAY PROVIDE THE SERVICES    2,578        

OF A RETAIL FOOD ESTABLISHMENT WITHIN THE FOOD SERVICE OPERATION   2,579        

WITHOUT OBTAINING A RETAIL FOOD ESTABLISHMENT LICENSE IF THE       2,580        

PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF FOOD SERVICE    2,581        

OPERATIONS AN ENDORSEMENT TO PROVIDE THE SERVICES OF A RETAIL      2,582        

FOOD ESTABLISHMENT.                                                             

      (B)  WHEN THE ACTIVITIES OF A FOOD SERVICE OPERATION AND A   2,585        

RETAIL FOOD ESTABLISHMENT ARE CARRIED ON WITHIN THE SAME FACILITY  2,586        

BY THE SAME PERSON OR GOVERNMENT ENTITY, THE DETERMINATION OF      2,587        

WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A FOOD SERVICE    2,588        

                                                          56     


                                                                 
OPERATION OR RETAIL FOOD ESTABLISHMENT SHALL BE MADE ACCORDING TO               

THE PRIMARY BUSINESS OF THE PERSON OR ENTITY.  IF THE PRIMARY      2,590        

BUSINESS IS THAT OF A FOOD SERVICE OPERATION, THE PERSON OR        2,591        

ENTITY SHALL BE LICENSED AS A FOOD SERVICE OPERATION WITH AN       2,592        

ENDORSEMENT FROM THE LICENSOR ISSUED UNDER THIS SECTION TO         2,593        

PROVIDE THE SERVICES OF A RETAIL FOOD ESTABLISHMENT.  IF THE       2,594        

PRIMARY BUSINESS IS THAT OF A RETAIL FOOD ESTABLISHMENT, THE       2,595        

PERSON OR ENTITY SHALL BE LICENSED AS A RETAIL FOOD ESTABLISHMENT  2,596        

AND IS SUBJECT TO THE ENDORSEMENT PROVISIONS OF SECTION 3717.24    2,597        

OF THE REVISED CODE.                                                            

      THE LICENSOR OF FOOD SERVICE OPERATIONS AND RETAIL FOOD      2,599        

ESTABLISHMENTS FOR THE AREA IN WHICH A FACILITY IS LOCATED SHALL   2,600        

MAKE THE DETERMINATION OF WHETHER THE PRIMARY BUSINESS CARRIED ON  2,602        

WITHIN A FACILITY IS THAT OF A FOOD SERVICE OPERATION OR RETAIL    2,603        

FOOD ESTABLISHMENT.  IF THE LICENSOR OF FOOD SERVICE OPERATIONS    2,604        

FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF RETAIL FOOD        2,605        

ESTABLISHMENTS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH    2,606        

LICENSORS.  EACH DETERMINATION SHALL BE MADE ACCORDING TO          2,607        

CRITERIA SPECIFIED IN THE OHIO UNIFORM FOOD SAFETY CODE.           2,608        

      (C)  A REQUEST TO HAVE A FOOD SERVICE OPERATION LICENSE      2,611        

INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN APPLICATION FOR    2,612        

ISSUANCE OR RENEWAL OF A FOOD SERVICE OPERATION LICENSE OR MAY BE  2,613        

SUBMITTED SEPARATELY.  PROCEDURES FOR MAKING SEPARATE REQUESTS     2,614        

SHALL BE THE SAME AS THE LICENSE APPLICATION PROCEDURES            2,615        

ESTABLISHED UNDER SECTION 3717.43 OF THE REVISED CODE.             2,616        

      AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME       2,618        

MANNER AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION      2,619        

3717.48 OF THE REVISED CODE.  THE SUSPENSION OR REVOCATION OF AN   2,621        

ENDORSEMENT DOES NOT AFFECT THE FOOD SERVICE OPERATION LICENSE     2,622        

THAT INCLUDES THE ENDORSEMENT.  IF THE FOOD SERVICE OPERATION                   

LICENSE IS SUSPENDED OR REVOKED, THE ENDORSEMENT INCLUDED ON THE   2,623        

LICENSE IS ALSO SUSPENDED OR REVOKED.                              2,624        

      (D)  IF A RETAIL FOOD ESTABLISHMENT IS OPERATED WITHIN A     2,627        

FOOD SERVICE OPERATION BY A PERSON OR GOVERNMENT ENTITY OTHER      2,628        

                                                          57     


                                                                 
THAN THE PERSON OR ENTITY HOLDING THE LICENSE TO OPERATE THE FOOD  2,629        

SERVICE OPERATION, THE RETAIL FOOD ESTABLISHMENT MAY NOT BE        2,630        

OPERATED UNDER AN ENDORSEMENT.  THE ESTABLISHMENT SHALL BE         2,632        

LICENSED AS A SEPARATE RETAIL FOOD ESTABLISHMENT.                  2,633        

      Sec. 3732.04 3717.45.  (A)  A licensor may charge fees for   2,642        

issuing and renewing food service operation licenses.  Any         2,644        

licensing fee charged shall be established in accordance with      2,645        

section 3709.09 of the Revised Code.  The fees shall be used       2,646        

solely for the administration and enforcement of THE PROVISIONS    2,647        

OF this chapter and the rules adopted under it APPLICABLE TO FOOD  2,649        

SERVICE OPERATIONS.                                                             

      (B)  At ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL   2,651        

BE BASED ON THE LICENSOR'S COSTS OF REGULATING FOOD SERVICE        2,652        

OPERATIONS, AS DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES   2,653        

ESTABLISHED UNDER SECTION 3717.07 OF THE REVISED CODE.  IF THE     2,654        

LICENSOR IS A BOARD OF HEALTH, A FEE MAY BE DISAPPROVED BY THE     2,656        

DISTRICT ADVISORY COUNCIL IN THE CASE OF A GENERAL HEALTH          2,657        

DISTRICT OR THE LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF   2,658        

A CITY HEALTH DISTRICT.  A DISAPPROVED FEE SHALL NOT BE CHARGED    2,660        

BY THE BOARD OF HEALTH.                                                         

      AT least thirty days prior to establishing a licensing fee,  2,662        

the licensor shall hold a public hearing regarding the proposed    2,663        

fee.  At least thirty days prior to the public hearing, the        2,664        

licensor shall give written notice of the hearing to each                       

licensee PERSON OR GOVERNMENT ENTITY HOLDING A FOOD SERVICE        2,665        

OPERATION LICENSE that may be affected by the proposed fee.  The   2,666        

notice shall be mailed to the last known address of the licensee   2,667        

and shall specify the date, time, and place of the hearing and     2,668        

the amount of the proposed fee.  On request, the licensor shall    2,669        

provide the completed uniform methodology used in the calculation  2,670        

of the licensor's costs and the proposed fee.                      2,671        

      (C)(B)  In addition to licensing fees, a licensor may        2,673        

charge fees for the following:                                     2,674        

      (1)  Review of FACILITY LAYOUT AND EQUIPMENT SPECIFICATIONS  2,676        

                                                          58     


                                                                 
PERTAINING TO food service operation plans OPERATIONS, other than  2,678        

plans pertaining to mobile and temporary food service operations,  2,680        

or similar reviews conducted for vending machine locations;        2,681        

      (2)  Any necessary collection and bacteriological            2,683        

examination of water samples FROM FOOD SERVICE OPERATIONS, OR      2,684        

SIMILAR SERVICES SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY  2,685        

THE PUBLIC HEALTH COUNCIL;                                         2,686        

      (3)  Any necessary collection and bacteriological            2,688        

examination of frozen dessert samples taken from a frozen dessert  2,689        

dispensing freezer;                                                2,690        

      (4)  Attending ATTENDANCE AT a course of study in food       2,692        

protection offered by the licensor IN FOOD PROTECTION AS IT        2,694        

PERTAINS TO FOOD SERVICE OPERATIONS, if the course is approved     2,695        

under section 3732.14 3717.09 of the Revised Code.                 2,697        

      (D)(C)  The public health council may determine by rule an   2,699        

amount to be collected from applicants for food service operation  2,700        

licenses for use by the director of health in administering and    2,701        

enforcing THE PROVISIONS OF this chapter and the rules adopted     2,702        

under it APPLICABLE TO FOOD SERVICE OPERATIONS.  Licensors shall   2,704        

collect the amount prior to issuing an applicant's new or renewed  2,705        

license.  If a licensing fee is charged under this section, the    2,706        

licensor shall collect the amount at the same time the fee is      2,707        

collected.  Licensors are not required to provide notice or hold   2,708        

public hearings regarding amounts collected under this division.   2,709        

      Not later than sixty days after the last day of the month    2,711        

in which a license is issued, the licensor shall certify the       2,712        

amount collected under this division and transmit the amount to    2,713        

the treasurer of state.  All amounts received shall be deposited   2,714        

into the general operations fund created in section 3701.82        2,715        

3701.83 of the Revised Code and shall be used by the.  THE         2,717        

director SHALL USE THE AMOUNTS solely for the administration and   2,719        

enforcement of THE PROVISIONS OF this chapter and the rules        2,720        

adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS.            2,721        

      The director may submit recommendations to the public        2,723        

                                                          59     


                                                                 
health council regarding the amounts collected under this          2,724        

division.  When making recommendations, the director shall submit  2,725        

a report stating the current and projected expenses of             2,726        

administering and enforcing THE PROVISIONS OF this chapter and     2,727        

the rules adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS   2,729        

and the total of all amounts that have been deposited in the       2,731        

general operations fund pursuant to this division.  The director   2,732        

may include in the report any recommendations for modifying the    2,733        

department's administration and enforcement of THE PROVISIONS OF   2,734        

this chapter and the rules adopted under it APPLICABLE TO FOOD     2,735        

SERVICE OPERATIONS.                                                2,736        

      Sec. 3732.05 3717.46.  (A)  A food service operation         2,745        

license may be transferred by the licensor under either of the     2,747        

following circumstances:                                           2,748        

      (1)  The sale or disposition of the food service operation;  2,750        

      (2)  The relocation of the food service operation.           2,752        

      (B)  A person or government entity may request to receive a  2,754        

food service operation license by transfer.  A licensor may        2,755        

transfer a license only on determining that the person or          2,756        

government entity requesting the transfer is in compliance with    2,757        

THE PROVISIONS OF this chapter and the rules adopted under it      2,759        

APPLICABLE TO FOOD SERVICE OPERATIONS.  In the case of the sale    2,761        

or disposition of a food service operation, the license may not    2,762        

be transferred unless the licensee consents to the transfer.  A    2,763        

license shall not be transferred more than once in a licensing                  

period.  Temporary food service operation licenses are not         2,764        

transferable.                                                      2,765        

      Sec. 3732.08 3717.47.  (A)  As used in this section:         2,774        

      (1)  "Critical control point inspection" means an            2,776        

inspection designed to identify and prevent food handling          2,777        

procedures that epidemiological data have shown to lead to         2,778        

outbreaks of foodborne disease.                                    2,779        

      (2)  "Standard inspection" means an inspection designed to   2,781        

determine compliance with this chapter and the rules adopted       2,783        

                                                          60     


                                                                 
under it.                                                          2,784        

      (B)  Licensors shall classify food service operations,       2,786        

other than vending machine locations and mobile and temporary      2,787        

food service operations, according to the factors contributing to  2,788        

foodborne disease identified in rules adopted by the public        2,789        

health council under section 3732.02 of the Revised Code.  Food    2,791        

service operation classifications consist of "class I," "class     2,792        

II," and "class III," with class I representing the smallest risk  2,793        

of foodborne disease and class III the greatest risk.              2,794        

      (C)(1)  A licensor shall inspect the food service            2,796        

operations in its district as follows:                             2,797        

      (a)  Class I:  at least one standard inspection shall be     2,799        

conducted each licensing period;                                   2,800        

      (b)  Class II:  Except as provided in division (C)(3) of     2,802        

this section, at least two standard inspections shall be           2,803        

conducted each licensing period;                                   2,804        

      (c)  Class III:  Except as provided in division (C)(3) of    2,806        

this section, at least two standard inspections and one critical   2,807        

control point inspection shall be conducted each licensing         2,808        

period;                                                            2,809        

      (d)  Vending machine locations:  at least one standard       2,811        

inspection of at least fifty per cent of the locations operated    2,812        

by a licensee shall be conducted each licensing period;            2,813        

      (e)  Mobile food service operations:  at least one standard  2,815        

inspection shall be conducted each licensing period;               2,816        

      (f)  Temporary food service operations:  at least one        2,818        

standard inspection shall be conducted during the period the       2,819        

operation is being operated;                                       2,820        

      (g)  New food service operations:  one standard inspection   2,822        

shall be conducted not later than thirty days after the license    2,823        

for the operation is issued.                                       2,824        

      (2)  The licensor shall schedule the standard inspections    2,826        

required for class I and II food service operations, vending       2,827        

machine locations, and mobile food service operations so that not  2,828        

                                                          61     


                                                                 
more than twelve months elapse between the standard inspections    2,829        

of a particular operation.  The critical control point             2,830        

inspections required for class III food service operations shall   2,831        

be scheduled so that not more than twelve months elapse between    2,832        

the critical control point inspections of each operation.          2,833        

      (3)  One of the standard inspections required for a class    2,835        

II or class III food service operation may be eliminated if        2,836        

either of the following is the case:                               2,837        

      (a)  A manager or other individual responsible on a regular  2,839        

basis for that operation is certified in food protection under     2,840        

section 3732.14 of the Revised Code;                               2,841        

      (b)  The operation is a seasonal food service operation.     2,843        

      (D)  Standard and critical control point ALL inspections OF  2,845        

FOOD SERVICE OPERATIONS CONDUCTED BY A LICENSOR UNDER THIS         2,846        

CHAPTER shall be conducted ACCORDING TO THE PROCEDURES AND         2,847        

SCHEDULE OF FREQUENCY SPECIFIED IN RULES ADOPTED UNDER SECTION     2,848        

3717.51 OF THE REVISED CODE.  AN INSPECTION MAY BE PERFORMED only  2,849        

by AN INDIVIDUAL REGISTERED AS a sanitarian or                                  

sanitarian-in-training registered under Chapter 4736. of the       2,851        

Revised Code.  Inspections EACH INSPECTION shall be recorded on a  2,853        

form prescribed and furnished by the director of health or a form  2,854        

prescribed by the licensor that has been approved by the director  2,855        

THAT HAS BEEN PRESCRIBED BY A BOARD OF HEALTH ACTING AS LICENSOR.  2,856        

WITH THE ASSISTANCE OF THE DIRECTOR, A BOARD ACTING AS LICENSOR,   2,858        

TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE INSPECTION                     

PROCESS AND SHALL STANDARDIZE THE MANNER IN WHICH ITS INSPECTIONS  2,860        

ARE CONDUCTED.                                                                  

      (E)(B)  A licensee PERSON OR GOVERNMENT ENTITY HOLDING A     2,863        

FOOD SERVICE OPERATION LICENSE shall permit the licensor to                     

inspect a THE food service operation for purposes of determining   2,865        

compliance with this chapter and the rules adopted under it or     2,866        

investigating a complaint regarding foodborne disease.             2,867        

Inspections and investigations shall be conducted at times         2,868        

determined by the licensor to be reasonable.  On request, OF the   2,869        

                                                          62     


                                                                 
licensor, THE LICENSE HOLDER shall be permitted PERMIT THE         2,872        

LICENSOR to examine the records of the food service operation to   2,873        

obtain information about the purchase, receipt, or use of food,    2,874        

supplies, and equipment.                                           2,875        

      A licensor may inspect any mobile food service operation or  2,877        

catering food service operation being operated within the          2,878        

licensor's district.  If an inspection of a mobile or catering     2,879        

food service operation is conducted by a licensor other than the   2,880        

licensor that issued the license for the operation, a report of    2,881        

the inspection shall be sent to the issuing licensor.  The         2,882        

issuing licensor may use the inspection report to suspend or       2,883        

revoke the license under section 3732.11 3717.49 of the Revised    2,885        

Code.                                                                           

      (C)  AN INSPECTION MAY INCLUDE AN INVESTIGATION TO           2,887        

DETERMINE THE IDENTITY AND SOURCE OF A PARTICULAR FOOD.            2,888        

      Sec. 3717.48.  TRADE SECRETS AND OTHER FORMS OF INFORMATION  2,889        

THAT, UNDER THIS CHAPTER, ARE REQUIRED TO BE FURNISHED TO OR ARE   2,890        

PROCURED BY A LICENSOR OF FOOD SERVICE OPERATIONS SHALL BE FOR     2,891        

THE EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE           2,892        

DISCHARGE OF THE LICENSOR'S OFFICIAL DUTIES.  THE INFORMATION      2,893        

SHALL NOT BE OPEN TO THE PUBLIC OR USED IN ANY ACTION OR           2,894        

PROCEEDING IN ANY COURT.  IF THE LICENSOR IS A BOARD OF HEALTH,    2,895        

THE BOARD MAY SHARE THE INFORMATION WITH THE DIRECTOR OF HEALTH    2,896        

AND DIRECTOR OF AGRICULTURE.  IF THE LICENSOR IS THE DIRECTOR OF   2,897        

HEALTH, THE DIRECTOR MAY SHARE THE INFORMATION WITH THE DIRECTOR                

OF AGRICULTURE.                                                    2,898        

      THE LICENSOR SHALL MAINTAIN THE CONFIDENTIALITY OF THE       2,900        

INFORMATION, EXCEPT THAT THE INFORMATION MAY BE CONSOLIDATED IN    2,901        

STATISTICAL TABLES AND PUBLISHED BY THE LICENSOR IN STATISTICAL    2,902        

FORM FOR THE USE AND INFORMATION OF STATE AND LOCAL AGENCIES AND   2,903        

THE PUBLIC, IF THE STATISTICS DO NOT DISCLOSE DETAILS ABOUT A      2,904        

PARTICULAR PERSON OR GOVERNMENT ENTITY THAT PROVIDED INFORMATION   2,905        

TO THE LICENSOR. AN INDIVIDUAL EMPLOYED BY THE LICENSOR OR         2,906        

ASSISTING THE LICENSOR IN THE ADMINISTRATION OF THE FOOD SERVICE   2,907        

                                                          63     


                                                                 
OPERATION LICENSING REQUIREMENTS OF THIS CHAPTER SHALL NOT         2,908        

WILLFULLY DIVULGE ANY INFORMATION THAT IS CONFIDENTIAL UNDER THIS  2,909        

SECTION TO ANY PERSON OR GOVERNMENT ENTITY OTHER THAN THE          2,910        

LICENSOR OR THE INDIVIDUAL'S SUPERIOR.                             2,911        

      Sec. 3732.11 3717.49.  (A)(1)  A licensor may suspend or     2,921        

revoke a food service operation license on determining that a      2,923        

licensee THE LICENSE HOLDER is in violation of any requirement of  2,925        

this chapter or THE rules adopted under it APPLICABLE TO FOOD      2,926        

SERVICE OPERATIONS, INCLUDING A VIOLATION EVIDENCED BY THE         2,927        

DOCUMENTED FAILURE TO MAINTAIN SANITARY CONDITIONS WITHIN THE                   

OPERATION.  Except                                                 2,928        

      (B)(1)  EXCEPT in the case of a violation that presents an   2,931        

immediate danger to the public health, prior to initiating action  2,932        

to suspend or revoke a FOOD SERVICE OPERATION license, the         2,933        

licensor shall give the licensee LICENSE HOLDER written notice     2,935        

specifying each violation and a reasonable time within which each  2,937        

violation must be corrected to avoid suspension or revocation of   2,938        

the licensee's food service operation license.  The licensor may   2,939        

extend the time specified in the notice for correcting a           2,940        

violation if the licensee LICENSE HOLDER is making a good faith    2,942        

effort to correct it.                                                           

      If the licensee LICENSE HOLDER fails to correct the          2,944        

violation in the time granted by the licensor, the licensor may    2,946        

initiate action to suspend or revoke the licensee's food service   2,947        

operation license by giving the licensee LICENSE HOLDER written    2,948        

notice of the proposed suspension or revocation.  The licensor     2,950        

shall include in the notice a description of the procedure for     2,951        

appealing the proposed suspension or revocation.  The licensee     2,952        

LICENSE HOLDER may appeal the proposed suspension or revocation    2,954        

by giving written notice to the licensor.  The licensee LICENSE    2,955        

HOLDER shall specify in the notice whether a hearing is            2,957        

requested.  The appeal shall be conducted in accordance with       2,958        

division (A)(B)(3) of this section.                                             

      Any action that may be taken by a licensor under division    2,960        

                                                          64     


                                                                 
(A)(B)(1) of this section may be taken by a health commissioner    2,962        

or other person employed by the licensor if the person or health   2,963        

commissioner is authorized by the licensor to take the action.     2,964        

      (2)(a)  If actions are initiated to revoke or, except in     2,966        

the case of a violation that presents an immediate danger to the   2,967        

public health, to suspend a food service operation license, the    2,968        

licensor shall determine whether to revoke or suspend the license  2,969        

as follows:                                                        2,970        

      (i)  If the licensor is a board of health of a city or       2,972        

general health district or the authority having the duties of a    2,973        

board of health under section 3709.05 of the Revised Code, by a    2,974        

majority vote of the members of the board or authority present at  2,975        

a meeting at which there is a quorum;                              2,976        

      (ii)  If the director of health is acting as the licensor    2,978        

pursuant to section 3732.09 of the Revised Code, by decision of    2,980        

the director.                                                      2,981        

      (b)  If the licensor determines to revoke or suspend the     2,983        

license, the licensor shall issue an order revoking or suspending  2,984        

the license.                                                       2,985        

      (3)  An appeal made under division (A)(B)(1) of this         2,987        

section shall be conducted in accordance with procedures           2,988        

established in rules adopted by the director of health under       2,989        

section 3732.13 3717.52 of the Revised Code.  If a hearing is      2,991        

requested, it shall be held prior to the issuance of an order      2,992        

under division (A)(B)(2) of this section, but may be conducted at  2,994        

the meeting at which issuance of the order is considered.          2,995        

      (B)(C)(1)  On determining that a licensee LICENSE HOLDER is  2,998        

in violation of any requirement of this chapter or THE rules       2,999        

adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS and that    3,001        

the violation presents an immediate danger to the public health,   3,002        

the licensor may suspend the licensee's food service operation     3,003        

license without giving written notice or affording the licensee    3,004        

LICENSE HOLDER the opportunity to correct the violation.  If the   3,005        

licensee LICENSE HOLDER is operating a mobile or catering food     3,006        

                                                          65     


                                                                 
service operation, either the licensor that issued the license or  3,008        

the licensor for the health district in which the operation is     3,009        

being operated may suspend the license.                            3,010        

      A suspension under division (B)(C)(1) of this section takes  3,012        

effect immediately and remains in effect until the licensor lifts  3,013        

the suspension.  When a mobile food service operation license is   3,014        

suspended under this division, the licensor that suspended the     3,015        

license shall hold the license until the suspension is lifted and  3,016        

the licensor receives from the licensee LICENSE HOLDER written     3,017        

notice of the next location at which the licensee LICENSE HOLDER   3,019        

proposes to operate the food service operation.                    3,021        

      After suspending a license under division (B)(C)(1) of this  3,023        

section, the licensor shall give the licensee LICENSE HOLDER       3,024        

written notice of the procedure for appealing the suspension.      3,026        

The licensee LICENSE HOLDER may appeal the suspension by giving    3,028        

written notice to the licensor and specifying in the notice        3,029        

whether a hearing is requested.  The appeal shall be conducted in  3,030        

accordance with division (B)(C)(2) of this section.                3,032        

      Any action that may be taken by a licensor under division    3,034        

(B)(C)(1) of this section may be taken by a health commissioner    3,036        

or person employed by a city in a position comparable to that of   3,037        

health commissioner if the person or health commissioner is        3,038        

authorized by the licensor to take the action.  A person or        3,039        

health commissioner that WHO suspends a license under this         3,040        

authority may, on determining that there is no longer an           3,042        

immediate danger to the public health, lift the suspension         3,043        

without consulting the licensor.                                   3,044        

      (2)(a)  If the licensee LICENSE HOLDER appeals a suspension  3,046        

under division (B)(C)(1) of this section, the licensor shall       3,048        

determine whether the immediate danger to the public health        3,050        

continues to exist as follows:                                     3,051        

      (i)  If the licensor is a board of health of a city or       3,053        

general health district or the authority having the duties of a    3,054        

board of health under section 3709.05 of the Revised Code, by      3,055        

                                                          66     


                                                                 
majority vote of the members of the board or authority present at  3,056        

a meeting at which there is a quorum;                              3,057        

      (ii)  If the director of health is acting as the licensor    3,059        

pursuant to section 3732.09 of the Revised Code, by decision of    3,061        

the director.                                                      3,062        

      (b)  If the licensor determines that there is no longer an   3,064        

immediate danger to the public health, the licensor shall lift     3,065        

the suspension.  If the licensor determines that the immediate     3,066        

danger continues to exist, the licensor shall issue an order       3,067        

continuing the suspension.                                         3,068        

      (3)  An appeal requested under division (B)(C)(1) of this    3,070        

section shall be conducted in accordance with procedures           3,071        

established in rules adopted by the director of health under       3,072        

section 3732.13 3717.52 of the Revised Code.  If a hearing is      3,073        

requested, it shall be held not later than two business days       3,075        

after the request is received by the licensor.  The hearing shall  3,076        

be held prior to the issuance of an order under division           3,077        

(B)(C)(2) of this section, but may be conducted at the meeting at  3,079        

which issuance of the order is considered.  In the case of a       3,080        

suspension of a mobile or catering food service operation          3,081        

license, the appeal shall be made to the licensor that suspended   3,082        

the license.                                                                    

      (C)(D)  A licensee LICENSE HOLDER may appeal an order        3,085        

issued under division (A)(B) or (B)(C) of this section as          3,086        

follows:                                                                        

      (1)  If the order was issued by a board of health of a city  3,088        

or general health district or the authority having the duties of   3,089        

a board of health under section 3709.05 of the Revised Code, to    3,090        

the common pleas court of the county in which the licensor is      3,091        

located;                                                           3,092        

      (2)  If the order was issued by the director of health, to   3,094        

the Franklin county court of common pleas.                         3,095        

      Sec. 3732.12 3717.50.  (A)  As used in this section,         3,104        

"prosecutor" has the same meaning as in section 2935.01 of the     3,106        

                                                          67     


                                                                 
Revised Code.                                                                   

      (B)  No person shall fail to comply with any requirement of  3,108        

this chapter.                                                      3,109        

      (C)  At the request of the licensor, the attorney general    3,111        

or the prosecutor with jurisdiction in the area where WHEN a       3,112        

person allegedly has violated division (B) of this section shall   3,113        

commence 3717.41 OF THE REVISED CODE, a criminal prosecution       3,114        

SHALL BE COMMENCED against the person. IF THE LICENSOR IS THE      3,116        

DIRECTOR OF HEALTH, THE PROSECUTION SHALL BE COMMENCED BY THE      3,117        

ATTORNEY GENERAL.  IF THE LICENSOR IS A BOARD OF HEALTH, THE       3,118        

PROSECUTION SHALL BE COMMENCED BY THE PROSECUTOR WITH              3,119        

JURISDICTION IN THE AREA WHERE THE ALLEGED VIOLATION OCCURRED.     3,120        

      AT THE REQUEST OF A BOARD OF HEALTH ACTING AS LICENSOR, THE  3,121        

DIRECTOR OF HEALTH SHALL PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN  3,123        

THE PROSECUTION OF A PERSON WHO IS NOT IN COMPLIANCE WITH THE      3,124        

PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT          3,125        

APPLICABLE TO FOOD SERVICE OPERATIONS.  REQUESTS SHALL BE MADE     3,126        

AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH RULES ADOPTED  3,127        

BY THE DIRECTOR OF HEALTH UNDER SECTION 3717.52 OF THE REVISED                  

CODE.                                                                           

      (D)(C)  At the request of the licensor, the attorney         3,129        

general or the prosecutor with jurisdiction in the area where a    3,130        

person or government entity allegedly has failed to comply with a  3,131        

requirement of this chapter or the rules adopted under it          3,132        

APPLICABLE TO FOOD SERVICE OPERATIONS shall commence in common     3,134        

pleas court an action requesting the issuance of a temporary       3,135        

restraining order or a preliminary or permanent injunction or a    3,136        

mandamus action regarding the act of noncompliance.  The court     3,137        

may grant the appropriate relief on a showing IF IT IS SHOWN that  3,138        

the respondent failed to comply with the requirement.              3,140        

      Notwithstanding the penalties established in section         3,142        

2705.05 of the Revised Code, a person or government entity found   3,143        

to be in contempt of court for failing to comply with a            3,144        

restraining order, injunction, or writ of mandamus issued          3,145        

                                                          68     


                                                                 
pursuant to this division shall be fined not more than one         3,146        

thousand dollars for each offense.  Each day the noncompliance     3,147        

continues is a separate offense.                                   3,148        

      (D)  OF THE FINES COLLECTED UNDER THIS SECTION, IF THE       3,149        

LICENSOR IS A BOARD OF HEALTH, FIFTY PER CENT SHALL BE DEPOSITED   3,151        

IN AN APPROPRIATE FUND CREATED FOR THE BOARD'S USE IN              3,153        

ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND THE RULES         3,154        

ADOPTED UNDER IT APPLICABLE TO FOOD SERVICE OPERATIONS; IF THE     3,155        

LICENSOR IS THE DIRECTOR OF HEALTH, FIFTY PER CENT SHALL BE                     

DEPOSITED IN THE GENERAL OPERATIONS FUND CREATED UNDER SECTION     3,156        

3701.83 OF THE REVISED CODE.  THE REMAINING FIFTY PER CENT SHALL   3,158        

BE CREDITED TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN    3,159        

WHICH THE CASE IS PROSECUTED.                                      3,160        

      (E)  The remedies available under this section are in        3,162        

addition to any other remedies available under the law.            3,163        

      Sec. 3732.02 3717.51.  (A)  The PURSUANT TO SECTION 3717.04  3,173        

OF THE REVISED CODE, THE public health council shall adopt, and    3,175        

has the exclusive power to adopt, rules of uniform application     3,176        

throughout this state regarding the following FOOD SERVICE         3,177        

OPERATIONS, AS FOLLOWS:                                                         

      (1)(A)  Licensing categories for food service operations     3,179        

and licensing requirements for each category;                      3,180        

      (2)  Identification of factors contributing to foodborne     3,182        

disease for use in classifying food service operations under       3,183        

section 3732.08 of the Revised Code;                               3,184        

      (3)  Criteria for food service operation equipment,          3,186        

including refrigerated bulk milk dispensers;                       3,187        

      (4)  Standards for sanitation;                               3,189        

      (5)  Criteria for approving plans for food service           3,191        

operations;                                                        3,192        

      (6)  A definition of "potentially hazardous" as it applies   3,194        

to food;                                                           3,195        

      (7)  Procedures and criteria to be used by the director of   3,197        

health in approving courses of study for certification in food     3,198        

                                                          69     


                                                                 
protection under section 3732.14 of the Revised Code;              3,199        

      (8)  Requirements an individual must meet to become          3,201        

certified in food protection;                                      3,202        

      (9)(B)  STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF    3,205        

FREQUENCY, FOR CONDUCTING INSPECTIONS OF FOOD SERVICE OPERATIONS;  3,206        

      (C)  STANDARDS AND PROCEDURES FOR CONDUCTING INVESTIGATIONS  3,208        

OF COMPLAINTS PERTAINING TO FOOD SERVICE OPERATIONS;               3,209        

      (D)  PROCEDURES TO BE USED BY THE DIRECTOR OF HEALTH IN      3,212        

APPROVING COURSES OF STUDY FOR PERSONS SEEKING CERTIFICATION IN                 

FOOD PROTECTION, STANDARDS THAT MUST BE MET TO RECEIVE AND         3,214        

MAINTAIN THE DIRECTOR'S APPROVAL, AND PROCEDURES FOR WITHDRAWING   3,215        

THE DIRECTOR'S APPROVAL OF A COURSE IF THE STANDARDS FOR APPROVAL               

ARE NO LONGER BEING MET;                                           3,216        

      (E)  Standards for the provision of assistance to choking    3,219        

victims;                                                           3,220        

      (10)(F)  Any other matter the council considers relevant to  3,222        

the administration and enforcement of THE PROVISIONS OF this       3,223        

chapter APPLICABLE TO FOOD SERVICE OPERATIONS.                     3,224        

      (B)  The public health council may adopt rules establishing  3,226        

the number, composition, terms of office, and functions of any     3,227        

food service advisory board the director establishes pursuant to   3,228        

section 121.13 of the Revised Code.                                3,229        

      (C)  All rules adopted under this section shall be adopted   3,231        

in accordance with Chapter 119. of the Revised Code.               3,232        

      Sec. 3732.13 3717.52.  (A)  The PURSUANT TO SECTION 3717.04  3,242        

OF THE REVISED CODE, THE director of health shall adopt rules      3,244        

establishing procedures for the following:                                      

      (1)(A)  Appeals of proposed suspension or revocation of      3,246        

food service operation licenses and appeals of suspension of       3,247        

licenses issued for violations presenting immediate danger to the  3,248        

public health;                                                     3,249        

      (2)(B)  Surveys conducted by the director to determine       3,252        

whether boards of health of city or general health districts or    3,253        

authorities having the duties of a board of health under section   3,254        

                                                          70     


                                                                 
3709.05 of the Revised Code are qualified AND HAVE THE CAPACITY    3,255        

to administer and enforce THE PROVISIONS OF this chapter and the   3,257        

rules adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS AND   3,258        

TO ABIDE BY THE OHIO UNIFORM FOOD SAFETY CODE;                     3,259        

      (3)(C)  Reinstatement of a board or authority OF HEALTH as   3,262        

a licensor after the director has revoked the approval of the      3,263        

board or authority;                                                3,264        

      (D)  PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A       3,266        

BOARD OF HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A      3,267        

PERSON FOR A VIOLATION OF THE PROVISIONS OF THIS CHAPTER           3,268        

APPLICABLE TO FOOD SERVICE OPERATIONS;                                          

      (E)  PROCEDURES FOR RESOLVING DISPUTES BETWEEN LICENSORS     3,271        

AND THE HOLDERS OF LICENSES FOR FOOD SERVICE OPERATIONS.                        

      (B)  All rules adopted under this section shall be adopted   3,273        

in accordance with Chapter 119. of the Revised Code.               3,274        

      Sec. 3732.99 3717.99.  Whoever violates division (B) of      3,283        

section 3732.12 3717.21 OR 3717.41 of the Revised Code is guilty   3,286        

of a misdemeanor of the third degree on a first offense; for a     3,287        

second offense or subsequent offense, such person is guilty of a   3,288        

misdemeanor of the second degree.  Each day the violation          3,289        

continues is a separate offense.                                   3,290        

      Sec. 3724.03.  (A)  Application for a license to operate a   3,299        

community alternative home shall be made by the operator to the    3,300        

director of health on forms provided by the director.  After       3,301        

investigating the application and inspecting the home, the         3,302        

director shall issue a license if he THE DIRECTOR determines that  3,304        

the following requirements have been met:                          3,305        

      (1)  The home is in compliance with this chapter and rules   3,307        

adopted by the public health council under section 3724.05 of the  3,308        

Revised Code.                                                      3,309        

      (2)  The home meets the fire safety standards established    3,311        

by rules adopted under section 3724.05 of the Revised Code and     3,312        

has been inspected and approved by a certified electrical safety   3,313        

inspector.                                                         3,314        

                                                          71     


                                                                 
      (3)  The home complies with local zoning regulations.        3,316        

      (4)  If applicable, the home has a valid food service        3,318        

license issued under Chapter 3732 3717. of the Revised Code.       3,319        

      (5)  The operator has not been convicted of a felony or a    3,321        

crime involving moral turpitude.                                   3,322        

      (6)  The operator has provided all documentation requested   3,324        

by the director.                                                   3,325        

      (7)  The operator has developed policies for infection       3,327        

control and for educating caregivers about acquired                3,328        

immunodeficiency syndrome.                                         3,329        

      (8)  The operator has paid the license fee established by    3,331        

rule of the public health council under section 3724.05 of the     3,332        

Revised Code.                                                      3,333        

      At the request of the operator on a form furnished by the    3,335        

director, the director, in accordance with rules adopted by the    3,336        

public health council, may waive any licensing requirement         3,337        

established by rule of the council if he THE DIRECTOR determines   3,338        

that strict application of the requirement would cause undue       3,340        

hardship to the home and that the grant of a waiver would not      3,341        

jeopardize the health and safety of any resident of the home.      3,342        

The waiver may be granted at the time of initial licensing or      3,343        

renewal or during a licensing period and may be temporary or       3,344        

permanent.                                                                      

      The license shall contain the name and address of the home   3,346        

for which it is issued, the date of expiration of the license,     3,347        

and the maximum number of residents that may be accommodated by    3,348        

the home.  A license is valid for two years from the date of       3,349        

issuance.                                                          3,350        

      Sections 3781.06 to 3781.18 and 3791.04 of the Revised Code  3,352        

and building standards adopted pursuant to those sections do not   3,353        

apply to any structure for which application is made for           3,354        

licensure as a community alternative home unless the license is    3,355        

denied.                                                            3,356        

      (B)  The director may issue a temporary license pending      3,358        

                                                          72     


                                                                 
completion of the licensing inspection if the application and      3,359        

documentation meet the requirements of this chapter and the rules  3,360        

adopted by the public health council.  A temporary license is      3,361        

valid for ninety days and may be renewed for an additional ninety  3,362        

days.  The director also may renew a temporary license for the     3,363        

duration of proceedings under Chapter 119. of the Revised Code     3,364        

regarding the denial of a license if he THE DIRECTOR determines    3,365        

that the continued operation of the home will not jeopardize the   3,367        

health or safety of the residents.                                 3,368        

      (C)  Application for renewal of a license to operate a       3,370        

community alternative home shall be made by the operator to the    3,371        

director of health on forms provided by the director.  In          3,372        

addition to submitting the application and a fee in the amount     3,373        

established by rules of the public health council, the operator    3,374        

shall inform the director of any changes in the ownership or       3,375        

structure of the buildings housing the home.  If the electrical    3,376        

wiring has been altered, the operator shall submit proof that the  3,377        

alteration has been inspected and approved by a certified          3,378        

electrical safety inspector.  The director shall inspect the       3,379        

facility and shall renew the license if he THE DIRECTOR            3,380        

determines that the home complies with the requirements of this    3,381        

chapter and the rules adopted by the public health council.        3,383        

      (D)  In accordance with Chapter 119. of the Revised Code,    3,385        

the director may deny, revoke, or refuse to issue or renew a       3,386        

license or a temporary license for any community alternative home  3,387        

that fails to comply with any requirement of this chapter or with  3,388        

any rules adopted by the public health council.                    3,389        

      Sec. 4303.021.  Permit A-1-A may be issued to the holder of  3,398        

an A-1 or A-2 permit to sell beer and any intoxicating liquor at   3,399        

retail, only by the individual drink in glass or from a            3,400        

container, provided such A-1-A permit premises are situated on     3,401        

the same parcel or tract of land as the related A-1 or A-2         3,402        

manufacturing permit premises or are separated therefrom only by   3,403        

public streets or highways or by other lands owned by the holder   3,404        

                                                          73     


                                                                 
of the A-1 or A-2 permit and used by the holder in connection      3,406        

with or in promotion of the holder's A-1 or A-2 permit business.   3,407        

The fee for this permit is three thousand one hundred twenty-five  3,409        

dollars.  The holder of an A-1-A permit may sell beer and any      3,410        

intoxicating liquor during the same hours as the holders of D-5    3,411        

permits under this chapter or Chapter 4301. of the Revised Code    3,412        

or the rules of the liquor control commission and shall obtain a   3,413        

restaurant license pursuant to section 3732.03 3717.43 of the      3,414        

Revised Code.                                                      3,415        

      Except as otherwise provided in this section, no new A-1-A   3,417        

permit shall be issued to the holder of an A-1 or A-2 permit       3,418        

unless the sale of beer and intoxicating liquor under class D      3,419        

permits is permitted in the precinct in which the A-1 or A-2       3,422        

permit is located and, in the case of an A-2 permit, unless the    3,423        

holder of the A-2 permit manufactures or has a storage capacity    3,424        

of at least twenty-five thousand gallons of wine per year.  The    3,425        

immediately preceding sentence does not prohibit the issuance of   3,426        

an A-1-A permit to an applicant for such a permit who is the       3,427        

holder of an A-1 permit and whose application was filed with the   3,428        

division of liquor control before June 1, 1994.  The liquor        3,430        

control commission shall not restrict the number of A-1-A permits  3,431        

which may be located within a precinct.                                         

      Sec. 4303.13.   Permit D-1 may be issued to the owner or     3,441        

operator of a hotel or restaurant licensed pursuant to section     3,442        

3732.03 3717.43 of the Revised Code, or of a club, amusement       3,444        

park, drugstore, lunch stand, boat, or vessel, and shall be        3,445        

issued to a person described in division (B) of this section, to   3,446        

sell beer at retail either in glass or container, for consumption  3,447        

on the premises where sold; and, except as otherwise provided in   3,448        

division (B) of this section, to sell beer at retail in other      3,449        

receptacles or in original containers having a capacity of not     3,450        

more than five and one-sixth gallons not for consumption on the    3,451        

premises where sold.  The fee for this permit is one hundred       3,452        

eighty-eight dollars for each location, boat, or vessel.                        

                                                          74     


                                                                 
      Sec. 4303.14.  Permit D-2 may be issued to the owner or      3,461        

operator of a hotel or restaurant licensed pursuant to section     3,462        

3732.03 3717.43 of the Revised Code, or of a club, boat, or        3,464        

vessel, to sell wine and prepared and bottled cocktails,                        

cordials, and other mixed beverages manufactured and distributed   3,465        

by holders of A-4 and B-4 permits at retail, either in glass or    3,466        

container, for consumption on the premises where sold.  The        3,467        

holder of such permit may also sell wine and prepared and bottled  3,468        

cocktails, cordials, and other mixed beverages in original         3,469        

packages and not for consumption on the premises where sold or                  

for resale.  The fee for this permit is two hundred eighty-two     3,470        

dollars for each location, boat, or vessel.                        3,471        

      Sec. 4303.15.  Permit D-3 may be issued to the owner or      3,480        

operator of a hotel or restaurant licensed pursuant to section     3,481        

3732.03 3717.43 of the Revised Code, or a club, boat, or vessel,   3,483        

to sell spirituous liquor at retail, only by the individual drink  3,484        

in glass or from the container, for consumption on the premises    3,485        

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  3,486        

six hundred dollars for each location, boat, or vessel.            3,487        

      Sec. 4303.181.  (A)  Permit D-5a may be issued either to     3,497        

the owner or operator of a hotel or motel required to be licensed  3,498        

under section 3731.03 of the Revised Code containing at least      3,499        

fifty rooms for registered transient guests, and which qualifies   3,500        

under the other requirements of this section, or to the owner or   3,501        

operator of a restaurant specified under this section to sell      3,502        

beer and any intoxicating liquor at retail, only by the            3,503        

individual drink in glass and from the container, for consumption  3,504        

on the premises where sold, and to registered guests in their      3,505        

rooms, which may be sold by means of a controlled access alcohol   3,506        

and beverage cabinet in accordance with division (B) of section    3,507        

4301.21 of the Revised Code; and to sell the same products in the  3,508        

same manner and amounts not for consumption on the premises as     3,509        

may be sold by holders of D-1 and D-2 permits.  The premises of    3,510        

                                                          75     


                                                                 
the hotel or motel shall include a restaurant licensed pursuant    3,511        

to section 3732.03 3717.43 of the Revised Code affiliated with     3,513        

the hotel or motel and within or contiguous to the hotel or        3,514        

motel, serving food within the hotel or motel, but the principal   3,515        

business of the owner or operator of the hotel or motel shall be   3,516        

the accommodation of transient guests.  In addition to the         3,517        

privileges authorized herein, the holder of a D-5a permit may      3,518        

exercise the same privileges as the holder of a D-5 permit.        3,519        

      The owner or operator of a hotel, motel, or restaurant who   3,521        

qualified for and held a D-5a permit on August 4, 1976, may, if    3,523        

the owner or operator held another permit before holding a D-5a    3,524        

permit, either retain a D-5a permit or apply for the permit        3,525        

formerly held, and the division of liquor control shall issue the  3,526        

permit for which the owner or operator applies and formerly held,  3,527        

notwithstanding any quota.                                                      

      A D-5a permit shall not be transferred to another location.  3,530        

No quota restriction shall be placed on the number of such         3,531        

permits which may be issued.                                                    

      The fee for this permit is one thousand eight hundred        3,534        

seventy-five dollars.                                                           

      (B)  Permit D-5b may be issued to the owner, operator,       3,537        

tenant, lessee, or occupant of an enclosed shopping center to      3,538        

sell beer and intoxicating liquor at retail, only by the           3,539        

individual drink in glass and from the container, for consumption  3,540        

on the premises where sold; and to sell the same products in the   3,541        

same manner and amount not for consumption on the premises as may  3,542        

be sold by holders of D-1 and D-2 permits.  In addition to the     3,543        

privileges authorized in this section, the holder of a D-5b        3,544        

permit may exercise the same privileges as a holder of a D-5       3,545        

permit.                                                                         

      A D-5b permit shall not be transferred to another location.  3,548        

      One D-5b permit may be issued at an enclosed shopping        3,551        

center containing at least two hundred twenty-five thousand, but   3,552        

less than four hundred thousand, square feet of floor area.        3,553        

                                                          76     


                                                                 
      Two D-5b permits may be issued at an enclosed shopping       3,556        

center containing at least four hundred thousand square feet of    3,557        

floor area.  No more than one D-5b permit may be issued at an      3,558        

enclosed shopping center for each additional two hundred thousand  3,559        

square feet of floor area or fraction thereof, up to a maximum of  3,560        

five D-5b permits for each enclosed shopping center.  The number   3,561        

of D-5b permits that may be issued at an enclosed shopping center  3,562        

shall be determined by subtracting the number of D-3 and D-5       3,563        

permits issued in the enclosed shopping center from the number of  3,564        

D-5b permits that otherwise may be issued at the enclosed          3,565        

shopping center under the formulas provided in this division.      3,566        

Except as provided in this section, no quota shall be placed on    3,567        

the number of D-5b permits that may be issued.  Notwithstanding    3,568        

any quota provided in this section, the holder of any D-5b permit  3,569        

first issued in accordance with this section is entitled to its    3,570        

renewal in accordance with section 4303.271 of the Revised Code.   3,571        

      The holder of a D-5b permit issued before April 4, 1984,     3,574        

whose tenancy is terminated for a cause other than nonpayment of   3,575        

rent, may return the D-5b permit to the division of liquor         3,577        

control and the division shall cancel that permit.  Upon           3,579        

cancellation of that permit and upon the permit holder's payment   3,580        

of taxes, contributions, premiums, assessments, and other debts    3,581        

owing or accrued upon the date of cancellation to this state and   3,582        

its political subdivisions and a filing with the division of a     3,583        

certification thereof, the division shall issue to that person     3,585        

either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that    3,587        

person requests.  The division shall issue the D-5 permit, or the  3,589        

D-1, D-2, and D-3 permits, even if the number of D-1, D-2, D-3,    3,590        

or D-5 permits currently issued in the municipal corporation or    3,591        

in the unincorporated area of the township where that person's     3,592        

proposed premises is located equals or exceeds the maximum number  3,593        

of such permits that can be issued in that municipal corporation   3,594        

or in the unincorporated area of that township under the           3,595        

population quota restrictions contained in section 4303.29 of the  3,596        

                                                          77     


                                                                 
Revised Code.  Any such D-1, D-2, D-3, or D-5 permit so issued     3,597        

shall not be transferred to another location.  If a D-5b permit    3,598        

is canceled under the provisions of this paragraph, the number of  3,599        

D-5b permits that may be issued at the enclosed shopping center    3,600        

for which the D-5b permit was issued, under the formula provided   3,601        

in this division, shall be reduced by one if the enclosed          3,602        

shopping center was entitled to more than one D-5b permit under    3,603        

the formula.                                                       3,604        

      The fee for this permit is one thousand eight hundred        3,607        

seventy-five dollars.                                                           

      (C)  Permit D-5c may be issued either to the owner or        3,610        

operator of a restaurant licensed pursuant to section 3732.03      3,611        

3717.43 of the Revised Code, and which qualifies under the other   3,613        

requirements of this section to sell beer and any intoxicating     3,614        

liquor at retail, only by the individual drink in glass and from   3,615        

the container, for consumption on the premises where sold, and to  3,616        

sell the same products in the same manner and amounts not for      3,617        

consumption on the premises as may be sold by holders of D-1 and   3,618        

D-2 permits.  In addition to the privileges authorized herein,     3,619        

the holder of a D-5c permit may exercise the same privileges as    3,620        

the holder of a D-5 permit.                                                     

      To qualify for a D-5c permit, the owner or operator of a     3,623        

restaurant licensed pursuant to section 3732.03 3717.43 of the     3,624        

Revised Code shall have operated the restaurant at the proposed    3,626        

premises for not less than twenty-four consecutive months          3,627        

immediately preceding the filing of an application therefor, have  3,628        

applied for a D-5 permit no later than December 31, 1988, and      3,629        

appear on the division's quota waiting list for not less than six  3,630        

months immediately preceding the filing of an application          3,631        

therefor.  In addition to these requirements, the proposed D-5c    3,632        

permit premises shall be located within a municipal corporation    3,633        

and further within an election precinct which, at the time of the  3,635        

applications, has no more than twenty-five per cent of its total   3,636        

land area zoned for residential use.                               3,637        

                                                          78     


                                                                 
      A D-5c permit shall not be transferred to another location.  3,640        

No quota restriction shall be placed on the number of such         3,641        

permits which may be issued.                                                    

      Any person who has held a D-5c permit for at least two       3,644        

years may apply for a D-5 permit, and the division of liquor       3,645        

control shall issue the D-5 permit notwithstanding the quota       3,646        

restrictions contained in section 4303.29 of the Revised Code or   3,647        

in any rule of the liquor control commission.                      3,648        

      The fee for this permit is one thousand two hundred fifty    3,651        

dollars.                                                                        

      (D)  Permit D-5d may be issued to either the owner or        3,654        

operator of a restaurant that is licensed pursuant to section      3,655        

3732.03 3717.43 of the Revised Code and located at an airport      3,657        

operated by a board of county commissioners pursuant to section    3,658        

307.20 of the Revised Code or at an airport operated by a                       

regional airport authority pursuant to Chapter 308. of the         3,659        

Revised Code.  Not more than one D-5d permit shall be issued in    3,660        

each county.  The holder of a D-5d permit may sell beer and any    3,661        

intoxicating liquor at retail, only by the individual drink in     3,662        

glass and from the container, for consumption on the premises      3,663        

where sold, and may sell the same products in the same manner and  3,664        

amounts not for consumption on the premises where sold as may be   3,665        

sold by the holders of D-1 and D-2 permits.  In addition to the    3,666        

privileges authorized in this division, the holder of a D-5d       3,667        

permit may exercise the same privileges as the holder of a D-5     3,668        

permit.                                                            3,669        

      A D-5d permit shall not be transferred to another location.  3,672        

Except as otherwise provided in this division, no quota            3,673        

restrictions shall be placed on the number of such permits which   3,674        

may be issued.                                                                  

      The fee for this permit is one thousand eight hundred        3,677        

seventy-five dollars.                                                           

      (E)  Permit D-5e may be issued to any nonprofit              3,680        

organization that is exempt from federal income taxation under     3,681        

                                                          79     


                                                                 
"The Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.   3,682        

501(c)(3), as amended, or that is a charitable organization under  3,683        

any chapter of the Revised Code, and that owns or operates a       3,684        

riverboat which meets all of the following:                                     

      (1)  Is permanently docked at one location;                  3,687        

      (2)  Is designated as an historical riverboat by the Ohio    3,690        

historical society;                                                             

      (3)  Contains not less than fifteen hundred square feet of   3,693        

floor area;                                                                     

      (4)  Has a seating capacity of fifty or more persons.        3,696        

      The holder of a D-5e permit may sell beer and intoxicating   3,699        

liquor at retail, only by the individual drink in glass and from   3,700        

the container, for consumption on the premises where sold.         3,701        

      A D-5e permit shall not be transferred to another location.  3,704        

No quota restriction shall be placed on the number of such         3,705        

permits which may be issued.  The population quota restrictions    3,706        

contained in section 4303.29 of the Revised Code or in any rule    3,707        

of the liquor control commission shall not apply to this division  3,708        

and the division shall issue a D-5e permit to any applicant who    3,710        

meets the requirements of this division.  However, the division    3,711        

shall not issue a D-5e permit if the permit premises or proposed   3,713        

permit premises are located within an area in which the sale of    3,714        

spirituous liquor by the glass is prohibited.                      3,715        

      The fee for this permit is nine hundred seventy-five         3,718        

dollars.                                                                        

      (F)  Permit D-5f may be issued to either the owner or the    3,721        

operator of a food service operation licensed under section        3,722        

3732.03 3717.43 of the Revised Code that meets all of the          3,724        

following:                                                                      

      (1)  Contains not less than twenty-five hundred square feet  3,727        

of floor area;                                                                  

      (2)  Is located on or in, or immediately adjacent to, the    3,730        

shoreline of, a navigable river;                                                

      (3)  Provides docking space for twenty-five boats;           3,733        

                                                          80     


                                                                 
      (4)  Provides entertainment and recreation, provided that    3,736        

not less than fifty per cent of the business on the permit         3,737        

premises shall be preparing and serving meals for a                3,738        

consideration.                                                                  

      In addition, each application for a D-5f permit shall be     3,741        

accompanied by a certification from the local legislative          3,742        

authority that the issuance of the D-5f permit is not              3,743        

inconsistent with that political subdivision's comprehensive       3,744        

development plan or other economic development goal as officially  3,745        

established by the local legislative authority.                                 

      The holder of a D-5f permit may sell beer and intoxicating   3,748        

liquor at retail, only by the individual drink in glass and from   3,749        

the container, for consumption on the premises where sold.         3,750        

      A D-5f permit shall not be transferred to another location.  3,753        

No more than fifteen D-5f permits shall be issued by the division  3,754        

of liquor control, and no more than two such permits shall be      3,756        

issued in any county.  However, the division shall not issue a     3,757        

D-5f permit if the permit premises or proposed permit premises     3,759        

are located within an area in which the sale of spirituous liquor  3,760        

by the glass is prohibited.                                        3,761        

      A fee for this permit is one thousand eight hundred          3,764        

seventy-five dollars.                                                           

      As used in this division, "navigable river" means a river    3,767        

which is also a "navigable water" as that term is defined in the   3,768        

"Federal Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796.           3,769        

      (G)  Permit D-5g may be issued to a nonprofit corporation    3,772        

that is either the owner or the operator of a national             3,773        

professional sports museum.  The holder of a D-5g permit may sell  3,774        

beer and any intoxicating liquor at retail, only by the            3,775        

individual drink in glass and from the container, for consumption  3,776        

on the premises where sold.  The holder of a D-5g permit shall     3,777        

sell no beer or intoxicating liquor for consumption on the         3,778        

premises where sold after one a.m.  A D-5g permit shall not be     3,779        

transferred to another location.  No quota restrictions shall be   3,780        

                                                          81     


                                                                 
placed on the number of D-5g permits that may be issued.  The fee               

for this permit is one thousand five hundred dollars.              3,781        

      (H)  Permit D-5h may be issued to any nonprofit              3,783        

organization that is exempt from federal income taxation under     3,784        

the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.   3,785        

501(c)(3), as amended, that owns or operates a fine arts museum    3,786        

and has no less than five thousand bona fide members possessing    3,787        

full membership privileges.  The holder of a D-5h permit may sell  3,788        

beer and any intoxicating liquor at retail, only by the            3,789        

individual drink in glass and from the container, for consumption  3,790        

on the premises where sold.  The holder of a D-5h permit shall     3,791        

sell no beer or intoxicating liquor for consumption on the         3,792        

premises where sold after one a.m.  A D-5h permit shall not be     3,793        

transferred to another location.  No quota restrictions shall be   3,794        

placed on the number of D-5h permits that may be issued.  The fee  3,795        

for this permit is one thousand five hundred dollars.              3,796        

      (I)  Permit D-5i may be issued to either the owner or the    3,798        

operator of a food service operation licensed under section        3,799        

3732.03 3717.43 of the Revised Code that meets all of the          3,800        

following requirements:                                            3,802        

      (1)  It is located in a municipal corporation or a township  3,804        

with a population of fifty thousand or less;                       3,805        

      (2)  It has inside seating capacity for at least one         3,807        

hundred forty persons;                                             3,808        

      (3)  It has at least five thousand square feet of floor      3,810        

area;                                                              3,811        

      (4)  It offers full-course meals, appetizers, and            3,813        

sandwiches;                                                        3,814        

      (5)  Its receipts from beer and liquor sales do not exceed   3,816        

twenty-five per cent of its total gross receipts;                  3,817        

      (6)  The value of its real and personal property exceeds     3,819        

nine hundred twenty-five thousand dollars.                         3,821        

      The holder of a D-5i permit shall cause an independent       3,823        

audit to be performed at the end of one full year of operation     3,824        

                                                          82     


                                                                 
following issuance of the permit, in order to verify the           3,825        

requirements of division (I)(5) of this section.  The results of   3,826        

the independent audit shall be transmitted to the division.  Upon  3,828        

determining that the receipts of the holder from beer and liquor   3,829        

sales exceeded twenty-five per cent of its total gross receipts,   3,830        

the division shall suspend the permit of the permit holder under   3,832        

section 4301.25 of the Revised Code and may allow the permit       3,833        

holder to elect a forfeiture under section 4301.252 of the         3,834        

Revised Code.                                                                   

      The holder of a D-5i permit may sell beer and any            3,836        

intoxicating liquor at retail, only by the individual drink in     3,837        

glass and from the container, for consumption on the premises      3,838        

where sold, and may sell the same products in the same manner and  3,839        

amounts not for consumption on the premises where sold as may be   3,840        

sold by the holders of D-1 and D-2 permits.  The holder of a D-5i  3,841        

permit shall sell no beer or intoxicating liquor for consumption   3,842        

on the premises where sold after two-thirty a.m.  In addition to   3,843        

the privileges authorized in division (I) of this section, the     3,844        

holder of a D-5i permit may exercise the same privileges as the    3,845        

holder of a D-5 permit.                                            3,846        

      A D-5i permit shall not be transferred to another location.  3,848        

The division of liquor control shall not renew a D-5i permit       3,850        

unless the food service operation for which it is issued           3,851        

continues to meet the requirements described in divisions (I)(1)   3,852        

to (6) of this section.  No quota restrictions shall be placed on  3,853        

the number of D-5i permits that may be issued.  The fee for this   3,854        

permit is one thousand eight hundred seventy-five dollars.         3,855        

      Sec. 4303.182.  Except as otherwise provided in this         3,865        

section, permit D-6 shall be issued to the holder of an A-1-A,     3,866        

A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e,  3,867        

D-5f, D-5g, D-5h, D-5i, or D-7 permit to allow sale under such     3,868        

permit between the hours of one p.m. and midnight on Sunday, if    3,869        

such sale has been authorized under section 4301.361 of the        3,870        

Revised Code and under the restrictions of such authorization.     3,871        

                                                          83     


                                                                 
Permit D-6 shall be issued to the holder of any permit, including  3,872        

a D-4a and D-5d permit, authorizing the sale of intoxicating       3,873        

liquor issued for a premises located at any publicly owned         3,874        

airport, as defined in section 4563.01 of the Revised Code, at     3,875        

which commercial airline companies operate regularly scheduled     3,876        

flights on which space is available to the public, to allow sale   3,877        

under such permit between the hours of one p.m. and midnight on    3,878        

Sunday, whether or not such sale has been authorized under         3,879        

section 4301.361 of the Revised Code.  Permit D-6 shall be issued  3,880        

to the holder of a D-5a permit, and to the holder of a D-3 or      3,881        

D-3a permit who is the owner or operator of a hotel or motel       3,882        

required to be licensed under section 3731.03 of the Revised Code  3,883        

containing at least fifty rooms for registered transient guests    3,884        

and which has on its premises a restaurant licensed pursuant to    3,885        

section 3732.03 3717.43 of the Revised Code affiliated with the    3,887        

hotel or motel and within or contiguous to the hotel or motel and  3,888        

serving food within the hotel or motel, to allow sale under such   3,889        

permit between the hours of one p.m. and midnight on Sunday,       3,890        

whether or not such sale has been authorized under section         3,891        

4301.361 of the Revised Code.                                                   

      If the restriction to licensed premises where the sale of    3,894        

food and other goods and services exceeds fifty per cent of the    3,895        

total gross receipts of the permit holder at the premises is       3,896        

applicable, the division of liquor control may accept an           3,897        

affidavit from the permit holder to show the proportion of the     3,898        

permit holder's gross receipts derived from the sale of food and   3,899        

other goods and services.  If the liquor control commission        3,900        

determines such affidavit to have been false, it shall revoke the  3,901        

permits of the permit holder at the premises concerned.            3,902        

      The fee for the D-6 permit is two hundred fifty dollars      3,905        

when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a,  3,906        

D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,    3,907        

D-5i, or D-7 permit.  The fee for the D-6 permit is two hundred    3,908        

dollars when it is issued to the holder of a C-2 permit.           3,909        

                                                          84     


                                                                 
      Sec. 4303.183.  Permit D-7 may be issued to the holder of    3,919        

any D-2 permit issued by the division of liquor control, or if     3,921        

there is an insufficient number of D-2 permit holders to fill the  3,922        

resort quota, to the operator of a food service operation          3,923        

required to be licensed under section 3732.03 3717.43 of the       3,924        

Revised Code and which qualifies under the other requirements of   3,926        

this section, to sell beer and any intoxicating liquor at retail,  3,927        

only by the individual drink in glass and from the container, for  3,928        

consumption on the premises where sold.  Not less than fifty per   3,929        

cent of the business on the permit premises shall be preparing     3,930        

and serving meals for a consideration in order to qualify for and  3,931        

continue to hold such D-7 permit.  The permit premises shall be    3,932        

located in a resort area.                                                       

      "Resort area" means a municipal corporation, township,       3,935        

county, or any combination thereof, which provides entertainment,  3,936        

recreation, and transient housing facilities specifically          3,937        

intended to provide leisure time activities for persons other      3,938        

than those whose permanent residence is within the "resort area"   3,939        

and who increase the population of the "resort area" on a          3,940        

seasonal basis, and which experiences seasonal peaks of            3,941        

employment and governmental services as a direct result of         3,942        

population increase generated by the transient, recreating         3,943        

public.  A resort season shall begin on the first day of May and   3,944        

end on the last day of October.  Notwithstanding section 4303.27   3,945        

of the Revised Code, such permits may be issued for resort         3,946        

seasons without regard to the calendar year or permit year.        3,947        

Quota restrictions on the number of such permits shall take into   3,948        

consideration the transient population during the resort season,   3,949        

the custom and habits of visitors and tourists, and the promotion  3,950        

of the resort and tourist industry.  The fee for this permit is    3,951        

three hundred seventy-five dollars per month.                                   

      Any suspension of a D-7 permit shall be satisfied during     3,954        

the resort season in which such suspension becomes final.  If      3,955        

such suspension becomes final during the off-season, or if the     3,956        

                                                          85     


                                                                 
period of the suspension extends beyond the last day of October,   3,957        

the suspension or remainder thereof shall be satisfied during the  3,958        

next resort season.                                                             

      The ownership of a D-7 permit may be transferred from one    3,961        

permit holder to another.  The holder of a D-7 permit may file an  3,962        

application to transfer such permit to a new location within the   3,963        

same resort area, provided that such permit holder shall be the    3,964        

owner or operator of a food service operation, required to be      3,965        

licensed under section 3732.03 3717.43 of the Revised Code, at     3,967        

such new location.                                                              

      Sec. 4736.01.  As used in sections 4736.01 to 4736.16 of     3,976        

the Revised Code THIS CHAPTER:                                     3,977        

      (A)  "Environmental health science" means the aspect of      3,979        

public health science that includes, but is not limited to, the    3,980        

following bodies of knowledge:  air quality, food quality and      3,981        

protection, hazardous and toxic substances, consumer product       3,982        

safety, housing, institutional health and safety, community noise  3,983        

control, radiation protection, recreational facilities, solid and  3,984        

liquid waste management, vector control, drinking water quality,   3,985        

milk sanitation, and rabies control.                               3,986        

      (B)  "Sanitarian" means a person who performs for            3,988        

compensation educational, investigational, technical, or           3,989        

administrative duties requiring specialized knowledge and skills   3,990        

in the field of environmental health science.                      3,991        

      (C)  "Registered sanitarian" means a person who is           3,993        

registered as a sanitarian in accordance with Chapter 4736. of     3,994        

the Revised Code.                                                  3,995        

      (D)  "Sanitarian-in-training" means a person who is          3,997        

registered as a sanitarian-in-training in accordance with Chapter  3,998        

4736. of the Revised Code.                                         3,999        

      (E)  "Practice of environmental health" means consultation,  4,001        

instruction, investigation, inspection, or evaluation by an        4,002        

employee of a city health district, a general health district,     4,003        

the Ohio environmental protection agency, the department of        4,004        

                                                          86     


                                                                 
health, or the department of agriculture requiring specialized     4,005        

knowledge, training, and experience in the field of environmental  4,006        

health science, with the primary purpose of improving or           4,007        

conducting administration or enforcement under any of the          4,008        

following:                                                         4,009        

      (1)  Chapter 911., 913., 917., 3717., 3721., 3732., or       4,011        

3733. of the Revised Code;                                         4,012        

      (2)  Chapter 3734. of the Revised Code as it pertains to     4,014        

solid waste;                                                       4,015        

      (3)  Section 955.26, 3701.344, 3707.01, or 3707.03,          4,017        

sections 3707.33 to 3707.99, or section 3715.21 of the Revised     4,019        

Code;                                                                           

      (4)  Rules adopted under section 3701.34 of the Revised      4,021        

Code pertaining to home sewage, rabies control, or swimming        4,022        

pools.                                                             4,023        

      "Practice of environmental health" does not include          4,025        

sampling, testing, controlling of vectors, reporting of            4,026        

observations, or other duties that do not require application of   4,027        

specialized knowledge and skills in environmental health science   4,028        

performed under the supervision of a registered sanitarian.        4,029        

      The state board of sanitarian registration may further       4,031        

define environmental health science in relation to specific        4,032        

functions in the practice of environmental health through rules    4,033        

adopted by the board under Chapter 119. of the Revised Code.       4,034        

      Sec. 4745.01.  (A)  "Standard renewal procedure," as used    4,043        

in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,  4,044        

927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731.,  4,045        

3742., 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143.,     4,046        

4169., 4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723.,     4,047        

4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739.,     4,048        

4741., 4747., 4749., 4753., 4755., 4757., 4759., 4761., 4766.,     4,049        

4773., and 4775. of the Revised Code, means the license renewal    4,050        

procedures specified in this chapter.                              4,051        

      (B)  "Licensing agency," as used in this chapter, means any  4,053        

                                                          87     


                                                                 
department, division, board, section of a board, or other state    4,054        

governmental unit subject to the standard renewal procedure, as    4,055        

defined in this section, and authorized by the Revised Code to     4,056        

issue a license to engage in a specific profession, occupation,    4,057        

or occupational activity, or to have charge of and operate         4,058        

certain specified equipment, machinery, or premises.               4,059        

      (C)  "License," as used in this chapter, means a license,    4,061        

certificate, permit, card, or other authority issued or conferred  4,062        

by a licensing agency by authority of which the licensee has or    4,063        

claims the privilege to engage in the profession, occupation, or   4,064        

occupational activity, or to have control of and operate certain   4,065        

specific equipment, machinery, or premises, over which the         4,066        

licensing agency has jurisdiction.                                 4,067        

      (D)  "Licensee," as used in this chapter, means either the   4,069        

person to whom the license is issued or renewed by a licensing     4,070        

agency, or the person, partnership, or corporation at whose        4,071        

request the license is issued or renewed.                          4,072        

      (E)  "Renewal" and "renewed," as used in this chapter and    4,074        

in the chapters of the Revised Code specified in division (A) of   4,075        

this section, includes the continuing licensing procedure          4,076        

provided in Chapter 3748. of the Revised Code and rules adopted    4,078        

under it and in sections 1321.05 and 3921.33 of the Revised Code,  4,079        

and as applied to those continuing licenses any reference in this  4,081        

chapter to the date of expiration of any license shall be          4,082        

construed to mean the due date of the annual or other fee for the  4,083        

continuing license.                                                             

      Sec. 5104.05.  (A)  The director of human services shall     4,092        

issue a provisional license or license or renew a license for the  4,093        

operation of a child day-care center, if he THE DIRECTOR finds,    4,094        

after investigation of the applicant and inspection of the         4,096        

center, that other requirements of Chapter 5104. of the Revised    4,097        

Code, rules promulgated pursuant to Chapter 5104. of the Revised   4,098        

Code, and the following requirements are met:                      4,099        

      (1)  The buildings in which the center is housed,            4,101        

                                                          88     


                                                                 
subsequent to any major modification, have been approved by the    4,102        

department of commerce or a certified municipal, township, or      4,104        

county building department for the purpose of operating a child    4,105        

day-care center.  Any structure used for the operation of a        4,106        

center shall be constructed, equipped, repaired, altered, and      4,107        

maintained in accordance with applicable provisions of Chapters    4,108        

3781. and 3791. of the Revised Code and with regulations adopted   4,109        

by the board of building standards under Chapter 3781. of the      4,110        

Revised Code and this division for the safety and sanitation of    4,111        

structures erected for this purpose.                                            

      (2)  The state fire marshal or the fire chief or fire        4,113        

prevention officer of the municipal corporation or township in     4,114        

which the center is located has inspected the center annually      4,115        

within the preceding license period and has found the center to    4,116        

be in compliance with rules promulgated by the fire marshal        4,117        

pursuant to section 3737.83 of the Revised Code regarding fire     4,118        

prevention and fire safety in a child day-care center.             4,119        

      (3)  The center has received from the board of health of     4,121        

the health district in which it is located or the state            4,122        

department of health a current FOOD SERVICE OPERATION license      4,124        

permitting the preparation or serving of meals or lunches, as      4,125        

provided in UNDER Chapter 3732 3717. of the Revised Code and any   4,128        

relevant regulations adopted by the public health council.  If a   4,129        

meal is IF MEALS ARE to be served to children other than children  4,131        

of the licensee or administrator, the preparation and serving of   4,132        

food in a child day-care center is included in the meaning of      4,133        

"food service operation" under section 3732.01 of the Revised      4,134        

Code, whether or not a consideration is received for such food     4,135        

THE MEALS.                                                                      

      (B)  The director of human services shall issue a            4,137        

provisional license or license or renew a license for the          4,138        

operation of a type A family day-care home, if he THE DIRECTOR     4,139        

finds, after investigation of the applicant and inspection of the  4,141        

type A home, that other requirements of Chapter 5104. of the       4,142        

                                                          89     


                                                                 
Revised Code, rules promulgated pursuant to Chapter 5104. of the   4,143        

Revised Code, and the following requirements are met:              4,144        

      (1)  The state fire marshal or the fire chief or fire        4,146        

prevention officer of the municipal corporation or township in     4,147        

which the type A family day-care home is located has inspected     4,148        

the type A home annually within the preceding license period and   4,149        

has found the type A home to be in compliance with rules           4,150        

promulgated by the fire marshal pursuant to section 3737.83 of     4,151        

the Revised Code regarding fire prevention and fire safety in a    4,152        

type A home.                                                       4,153        

      (2)  The type A home is in compliance with rules set by the  4,155        

director of human services in cooperation with the director of     4,156        

health pursuant to section 3701.80 of the Revised Code regarding   4,157        

meal preparation and meal service in the home.  The director of    4,158        

human services, in accordance with procedures recommended by the   4,159        

director of health, shall inspect each type A home to determine    4,160        

compliance with those rules.                                       4,161        

      (3)  The type A home is in compliance with rules             4,163        

promulgated by the director of human services in cooperation with  4,164        

the board of building standards regarding safety and sanitation    4,165        

pursuant to section 3781.10 of the Revised Code.                   4,166        

      Sec. 5104.051.  (A)(1)  The department of commerce is        4,175        

responsible for the inspections of child day-care centers as       4,177        

required by division (A)(1) of section 5104.05 of the Revised      4,178        

Code.  Where there is a municipal, township, or county building    4,179        

department certified under section 3781.10 of the Revised Code to  4,180        

exercise enforcement authority with respect to the category of     4,181        

building occupancy which includes day-care centers, all            4,182        

inspections required under division (A)(1) of section 5104.05 of   4,183        

the Revised Code shall be made by that department according to     4,184        

the standards established by the board of building standards.      4,185        

Inspections in areas of the state where there is no municipal,     4,186        

township, or county building department certified under section    4,187        

3781.10 of the Revised Code to exercise enforcement authority      4,188        

                                                          90     


                                                                 
with respect to the category of building occupancy which includes  4,189        

day-care centers shall be made by personnel of the department of   4,190        

commerce.  Inspections of centers shall be contingent upon         4,192        

payment of a fee by the applicant to the department having         4,193        

jurisdiction to inspect.                                                        

      (2)  The department of commerce is responsible for the       4,196        

inspections of type A family day-care homes as required by         4,197        

division (B)(3) of section 5104.05 of the Revised Code.  Where                  

there is a municipal, township, or county building department      4,198        

certified under section 3781.10 of the Revised Code to exercise    4,199        

enforcement authority with respect to the category of building     4,200        

occupancy which includes type A homes, all inspections required    4,201        

under division (B)(3) of section 5104.05 of the Revised Code       4,202        

shall be made by that department according to the standards        4,203        

established by the board of building standards.  Inspections in    4,204        

areas of the state where there is no municipal, township, or       4,205        

county building department certified under section 3781.10 of the  4,206        

Revised Code to exercise enforcement authority with respect to     4,207        

the category of building occupancy which includes type A homes     4,208        

shall be made by personnel of the department of commerce.          4,210        

Inspections of type A homes shall be contingent upon payment of a  4,212        

fee by the applicant to the department having jurisdiction to      4,213        

inspect.                                                                        

      (B)  The state fire marshal is responsible for the           4,215        

inspections required by divisions (A)(2) and (B)(1) of section     4,216        

5104.05 of the Revised Code.  In municipal corporations and in     4,217        

townships outside municipal corporations where there is a fire     4,218        

prevention official, the inspections shall be made by the fire     4,219        

chief or the fire prevention official under the supervision of     4,220        

and according to the standards established by the state fire       4,221        

marshal.  In townships outside municipal corporations where there  4,222        

is no fire prevention official, inspections shall be made by the   4,223        

employees of the state fire marshal.                               4,224        

      (C)  The fire marshal shall enforce all statutes and rules   4,226        

                                                          91     


                                                                 
pertaining to fire safety and fire prevention in child day-care    4,227        

centers and type A family day-care homes.  In the event of a       4,228        

dispute between the marshal and any other responsible officer      4,229        

under sections 5104.05 and 5104.051 of the Revised Code with       4,230        

respect to the interpretation or application of a specific fire    4,231        

safety statute or rule, the interpretation of the marshal shall    4,232        

prevail.                                                           4,233        

      (D)  As used in this division, "licensor" has the same       4,235        

meaning as in section 3732.01 3717.01 of the Revised Code.         4,236        

      The licensor for FOOD SERVICE OPERATIONS IN the city or      4,238        

general health district in which the center is located is          4,239        

responsible for the inspections required under Chapter 3732 3717.  4,240        

of the Revised Code.                                                            

      (E)  Any moneys collected by the department of commerce      4,242        

under this section shall be paid into the state treasury to the    4,243        

credit of the industrial compliance operating fund created in      4,244        

section 121.084 of the Revised Code.                               4,245        

      Sec. 5739.02.  For the purpose of providing revenue with     4,254        

which to meet the needs of the state, for the use of the general   4,255        

revenue fund of the state, for the purpose of securing a thorough  4,256        

and efficient system of common schools throughout the state, for   4,257        

the purpose of affording revenues, in addition to those from       4,258        

general property taxes, permitted under constitutional             4,259        

limitations, and from other sources, for the support of local      4,260        

governmental functions, and for the purpose of reimbursing the     4,261        

state for the expense of administering this chapter, an excise     4,262        

tax is hereby levied on each retail sale made in this state.       4,263        

      (A)  The tax shall be collected pursuant to the schedules    4,265        

in section 5739.025 of the Revised Code.                           4,266        

      The tax applies and is collectible when the sale is made,    4,268        

regardless of the time when the price is paid or delivered.        4,269        

      In the case of a sale, the price of which consists in whole  4,271        

or in part of rentals for the use of the thing transferred, the    4,272        

tax, as regards such rentals, shall be measured by the             4,273        

                                                          92     


                                                                 
installments thereof.                                              4,274        

      In the case of a sale of a service defined under division    4,276        

(MM) or (NN) of section 5739.01 of the Revised Code, the price of  4,277        

which consists in whole or in part of a membership for the         4,278        

receipt of the benefit of the service, the tax applicable to the   4,279        

sale shall be measured by the installments thereof.                4,280        

      (B)  The tax does not apply to the following:                4,282        

      (1)  Sales to the state or any of its political              4,284        

subdivisions, or to any other state or its political subdivisions  4,285        

if the laws of that state exempt from taxation sales made to this  4,286        

state and its political subdivisions;                              4,287        

      (2)  Sales of food for human consumption off the premises    4,289        

where sold;                                                        4,290        

      (3)  Sales of food sold to students only in a cafeteria,     4,292        

dormitory, fraternity, or sorority maintained in a private,        4,293        

public, or parochial school, college, or university;               4,294        

      (4)  Sales of newspapers, and of magazine subscriptions      4,296        

shipped by second class mail, and sales or transfers of magazines  4,297        

distributed as controlled circulation publications;                4,298        

      (5)  The furnishing, preparing, or serving of meals without  4,300        

charge by an employer to an employee provided the employer         4,301        

records the meals as part compensation for services performed or   4,302        

work done;                                                         4,303        

      (6)  Sales of motor fuel upon receipt, use, distribution,    4,306        

or sale of which in this state a tax is imposed by the law of      4,307        

this state, but this exemption shall not apply to the sale of      4,308        

motor fuel on which a refund of the tax is allowable under         4,309        

section 5735.14 of the Revised Code; and the tax commissioner may  4,310        

deduct the amount of tax levied by this section applicable to the  4,311        

price of motor fuel when granting a refund of motor fuel tax       4,312        

pursuant to section 5735.14 of the Revised Code and shall cause    4,313        

the amount deducted to be paid into the general revenue fund of    4,314        

this state;                                                                     

      (7)  Sales of natural gas by a natural gas company, of       4,316        

                                                          93     


                                                                 
electricity by an electric company, of water by a water-works      4,317        

company, or of steam by a heating company, if in each case the     4,318        

thing sold is delivered to consumers through wires, pipes, or      4,319        

conduits, and all sales of communications services by a telephone  4,320        

or telegraph company, all terms as defined in section 5727.01 of   4,321        

the Revised Code;                                                  4,322        

      (8)  Casual sales by a person, or auctioneer employed        4,324        

directly by the person to conduct such sales, except as to such    4,326        

sales of motor vehicles, watercraft or outboard motors required    4,327        

to be titled under section 1548.06 of the Revised Code,            4,328        

watercraft documented with the United States coast guard,          4,329        

snowmobiles, and all-purpose vehicles as defined in section        4,330        

4519.01 of the Revised Code;                                       4,331        

      (9)  Sales of services or tangible personal property, other  4,333        

than motor vehicles, mobile homes, and manufactured homes, by      4,335        

churches or by nonprofit organizations operated exclusively for    4,336        

charitable purposes as defined in division (B)(12) of this         4,337        

section, provided that the number of days on which such tangible   4,338        

personal property or services, other than items never subject to   4,339        

the tax, are sold does not exceed six in any calendar year.  If    4,340        

the number of days on which such sales are made exceeds six in     4,341        

any calendar year, the church or organization shall be considered  4,342        

to be engaged in business and all subsequent sales by it shall be  4,343        

subject to the tax.  In counting the number of days, all sales by  4,344        

groups within a church or within an organization shall be          4,345        

considered to be sales of that church or organization, except      4,346        

that sales made by separate student clubs and other groups of      4,347        

students of a primary or secondary school, and sales made by a     4,348        

parent-teacher association, booster group, or similar              4,349        

organization that raises money to support or fund curricular or    4,350        

extracurricular activities of a primary or secondary school,       4,351        

shall not be considered to be sales of such school, and sales by   4,352        

each such club, group, association, or organization shall be       4,353        

counted separately for purposes of the six-day limitation.  This   4,354        

                                                          94     


                                                                 
division does not apply to sales by a noncommercial educational    4,355        

radio or television broadcasting station.                          4,356        

      (10)  Sales not within the taxing power of this state under  4,358        

the Constitution of the United States;                             4,359        

      (11)  The transportation of persons or property, unless the  4,361        

transportation is by a private investigation and security          4,362        

service;                                                           4,363        

      (12)  Sales of tangible personal property or services to     4,365        

churches, to organizations exempt from taxation under section      4,366        

501(c)(3) of the Internal Revenue Code of 1986, and to any other   4,367        

nonprofit organizations operated exclusively for charitable        4,368        

purposes in this state, no part of the net income of which inures  4,369        

to the benefit of any private shareholder or individual, and no    4,370        

substantial part of the activities of which consists of carrying   4,371        

on propaganda or otherwise attempting to influence legislation;    4,372        

sales to offices administering one or more homes for the aged or   4,373        

one or more hospital facilities exempt under section 140.08 of     4,374        

the Revised Code; and sales to organizations described in          4,375        

division (D) of section 5709.12 of the Revised Code.               4,376        

      "Charitable purposes" means the relief of poverty; the       4,378        

improvement of health through the alleviation of illness,          4,379        

disease, or injury; the operation of an organization exclusively   4,381        

for the provision of professional, laundry, printing, and          4,382        

purchasing services to hospitals or charitable institutions; the   4,384        

operation of a home for the aged, as defined in section 5701.13    4,385        

of the Revised Code; the operation of a radio or television        4,386        

broadcasting station that is licensed by the federal               4,387        

communications commission as a noncommercial educational radio or  4,388        

television station; the operation of a nonprofit animal adoption   4,390        

service or a county humane society; the promotion of education by  4,391        

an institution of learning that maintains a faculty of qualified   4,392        

instructors, teaches regular continuous courses of study, and                   

confers a recognized diploma upon completion of a specific         4,393        

curriculum; the operation of a parent teacher association,         4,394        

                                                          95     


                                                                 
booster group, or similar organization primarily engaged in the    4,395        

promotion and support of the curricular or extracurricular         4,396        

activities of a primary or secondary school; the operation of a    4,397        

community or area center in which presentations in music,          4,398        

dramatics, the arts, and related fields are made in order to       4,399        

foster public interest and education therein; the production of    4,400        

performances in music, dramatics, and the arts; or the promotion   4,402        

of education by an organization engaged in carrying on research                 

in, or the dissemination of, scientific and technological          4,403        

knowledge and information primarily for the public.                4,404        

      Nothing in this division shall be deemed to exempt sales to  4,406        

any organization for use in the operation or carrying on of a      4,407        

trade or business, or sales to a home for the aged for use in the  4,408        

operation of independent living facilities as defined in division  4,409        

(A) of section 5709.12 of the Revised Code.                        4,410        

      (13)  Building and construction materials and services sold  4,412        

to construction contractors for incorporation into a structure or  4,413        

improvement to real property under a construction contract with    4,414        

this state or a political subdivision thereof, or with the United  4,415        

States government or any of its agencies; building and             4,416        

construction materials and services sold to construction           4,417        

contractors for incorporation into a structure or improvement to   4,418        

real property that are accepted for ownership by this state or     4,420        

any of its political subdivisions, or by the United States         4,421        

government or any of its agencies at the time of completion of     4,422        

such structures or improvements; building and construction         4,423        

materials sold to construction contractors for incorporation into  4,424        

a horticulture structure or livestock structure for a person       4,425        

engaged in the business of horticulture or producing livestock;    4,426        

building materials and services sold to a construction contractor  4,427        

for incorporation into a house of public worship or religious      4,428        

education, or a building used exclusively for charitable purposes  4,429        

under a construction contract with an organization whose purpose   4,430        

is as described in division (B)(12) of this section; building and  4,431        

                                                          96     


                                                                 
construction materials sold for incorporation into the original    4,432        

construction of a sports facility under section 307.696 of the     4,433        

Revised Code; and building and construction materials and          4,434        

services sold to a construction contractor for incorporation into  4,435        

real property outside this state if such materials and services,   4,436        

when sold to a construction contractor in the state in which the   4,437        

real property is located for incorporation into real property in   4,438        

that state, would be exempt from a tax on sales levied by that     4,439        

state;                                                             4,440        

      (14)  Sales of ships or vessels or rail rolling stock used   4,442        

or to be used principally in interstate or foreign commerce, and   4,443        

repairs, alterations, fuel, and lubricants for such ships or       4,444        

vessels or rail rolling stock;                                     4,445        

      (15)  Sales to persons engaged in any of the activities      4,447        

mentioned in division (E)(2) or (9) of section 5739.01 of the      4,448        

Revised Code, to persons engaged in making retail sales, or to     4,449        

persons who purchase for sale from a manufacturer tangible         4,450        

personal property that was produced by the manufacturer in         4,451        

accordance with specific designs provided by the purchaser, of     4,452        

packages, including material and parts for packages, and of        4,453        

machinery, equipment, and material for use primarily in packaging  4,454        

tangible personal property produced for sale by or on the order    4,455        

of the person doing the packaging, or sold at retail.  "Packages"  4,456        

includes bags, baskets, cartons, crates, boxes, cans, bottles,     4,457        

bindings, wrappings, and other similar devices and containers,     4,458        

and "packaging" means placing therein.                             4,459        

      (16)  Sales of food to persons using food stamp coupons to   4,461        

purchase the food.  As used in division (B)(16) of this section,   4,462        

"food" has the same meaning as in the "Food Stamp Act of 1977,"    4,463        

91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations   4,464        

adopted pursuant to that act.                                      4,465        

      (17)  Sales to persons engaged in farming, agriculture,      4,467        

horticulture, or floriculture, of tangible personal property for   4,468        

use or consumption directly in the production by farming,          4,469        

                                                          97     


                                                                 
agriculture, horticulture, or floriculture of other tangible       4,470        

personal property for use or consumption directly in the           4,471        

production of tangible personal property for sale by farming,      4,472        

agriculture, horticulture, or floriculture; or material and parts  4,473        

for incorporation into any such tangible personal property for     4,474        

use or consumption in production; and of tangible personal         4,475        

property for such use or consumption in the conditioning or        4,476        

holding of products produced by and for such use, consumption, or  4,477        

sale by persons engaged in farming, agriculture, horticulture, or  4,478        

floriculture, except where such property is incorporated into      4,479        

real property;                                                     4,480        

      (18)  Sales of drugs dispensed by a licensed pharmacist      4,483        

upon the order of a licensed health professional authorized to     4,485        

prescribe drugs to a human being, as the term "licensed health                  

professional authorized to prescribe drugs" is defined in section  4,486        

4729.01 of the Revised Code; insulin as recognized in the          4,488        

official United States pharmacopoeia; urine and blood testing      4,489        

materials when used by diabetics or persons with hypoglycemia to   4,490        

test for glucose or acetone; hypodermic syringes and needles when  4,491        

used by diabetics for insulin injections; epoetin alfa when        4,492        

purchased for use in the treatment of persons with end-stage       4,493        

renal disease; hospital beds when purchased for use by persons     4,495        

with medical problems for medical purposes; and oxygen and         4,496        

oxygen-dispensing equipment when purchased for use by persons      4,497        

with medical problems for medical purposes;                                     

      (19)  Sales of artificial limbs or portion thereof, breast   4,499        

prostheses, and other prosthetic devices for humans; braces or     4,500        

other devices for supporting weakened or nonfunctioning parts of   4,501        

the human body; wheelchairs; devices used to lift wheelchairs      4,502        

into motor vehicles and parts and accessories to such devices;     4,503        

crutches or other devices to aid human perambulation; and items    4,504        

of tangible personal property used to supplement impaired          4,505        

functions of the human body such as respiration, hearing, or       4,506        

elimination.  No exemption under this division shall be allowed    4,507        

                                                          98     


                                                                 
for nonprescription drugs, medicines, or remedies; items or        4,508        

devices used to supplement vision; items or devices whose          4,509        

function is solely or primarily cosmetic; or physical fitness      4,510        

equipment.  This division does not apply to sales to a physician   4,511        

or medical facility for use in the treatment of a patient.         4,512        

      (20)  Sales of emergency and fire protection vehicles and    4,514        

equipment to nonprofit organizations for use solely in providing   4,515        

fire protection and emergency services for political subdivisions  4,516        

of the state;                                                      4,517        

      (21)  Sales of tangible personal property manufactured in    4,519        

this state, if sold by the manufacturer in this state to a         4,520        

retailer for use in the retail business of the retailer outside    4,521        

of this state and if possession is taken from the manufacturer by  4,523        

the purchaser within this state for the sole purpose of            4,524        

immediately removing the same from this state in a vehicle owned   4,525        

by the purchaser;                                                               

      (22)  Sales of services provided by the state or any of its  4,527        

political subdivisions, agencies, instrumentalities,               4,528        

institutions, or authorities, or by governmental entities of the   4,529        

state or any of its political subdivisions, agencies,              4,530        

instrumentalities, institutions, or authorities;                   4,531        

      (23)  Sales of motor vehicles to nonresidents of this state  4,533        

upon the presentation of an affidavit executed in this state by    4,534        

the nonresident purchaser affirming that the purchaser is a        4,535        

nonresident of this state, that possession of the motor vehicle    4,536        

is taken in this state for the sole purpose of immediately         4,537        

removing it from this state, that the motor vehicle will be        4,538        

permanently titled and registered in another state, and that the   4,539        

motor vehicle will not be used in this state;                      4,540        

      (24)  Sales to persons engaged in the preparation of eggs    4,542        

for sale of tangible personal property used or consumed directly   4,543        

in such preparation, including such tangible personal property     4,544        

used for cleaning, sanitizing, preserving, grading, sorting, and   4,545        

classifying by size; packages, including material and parts for    4,546        

                                                          99     


                                                                 
packages, and machinery, equipment, and material for use in        4,547        

packaging eggs for sale; and handling and transportation           4,548        

equipment and parts therefor, except motor vehicles licensed to    4,549        

operate on public highways, used in intraplant or interplant       4,550        

transfers or shipment of eggs in the process of preparation for    4,551        

sale, when the plant or plants within or between which such        4,552        

transfers or shipments occur are operated by the same person.      4,553        

"Packages" includes containers, cases, baskets, flats, fillers,    4,554        

filler flats, cartons, closure materials, labels, and labeling     4,555        

materials, and "packaging" means placing therein.                  4,556        

      (25)(a)  Sales of water to a consumer for residential use,   4,558        

except the sale of bottled water, distilled water, mineral water,  4,559        

carbonated water, or ice;                                          4,560        

      (b)  Sales of water by a nonprofit corporation engaged       4,562        

exclusively in the treatment, distribution, and sale of water to   4,563        

consumers, if such water is delivered to consumers through pipes   4,564        

or tubing.                                                         4,565        

      (26)  Fees charged for inspection or reinspection of motor   4,567        

vehicles under section 3704.14 of the Revised Code;                4,568        

      (27)  Sales of solar, wind, or hydrothermal energy systems   4,570        

that meet the guidelines established under division (B) of         4,571        

section 1551.20 of the Revised Code, components of such systems    4,572        

that are identified under division (B) or (D) of that section, or  4,573        

charges for the installation of such systems or components, made   4,574        

during the period from August 14, 1979, through December 31,       4,575        

1985;                                                              4,576        

      (28)  Sales to persons licensed to conduct a food service    4,578        

operation pursuant to section 3732.03 3717.43 of the Revised       4,579        

Code, of tangible personal property primarily used directly for    4,581        

the following:                                                                  

      (a)  To prepare food for human consumption for sale;         4,583        

      (b)  To preserve food that has been or will be prepared for  4,586        

human consumption for sale by the food service operator, not                    

including tangible personal property used to display food for      4,587        

                                                          100    


                                                                 
selection by the consumer;                                         4,588        

      (c)  To clean tangible personal property used to prepare or  4,590        

serve food for human consumption for sale.                         4,591        

      (29)  Sales of animals by nonprofit animal adoption          4,593        

services or county humane societies;                               4,594        

      (30)  Sales of services to a corporation described in        4,596        

division (A) of section 5709.72 of the Revised Code, and sales of  4,597        

tangible personal property that qualifies for exemption from       4,598        

taxation under section 5709.72 of the Revised Code;                4,599        

      (31)  Sales and installation of agricultural land tile, as   4,601        

defined in division (B)(5)(a) of section 5739.01 of the Revised    4,602        

Code;                                                              4,603        

      (32)  Sales and erection or installation of portable grain   4,605        

bins, as defined in division (B)(5)(b) of section 5739.01 of the   4,606        

Revised Code;                                                      4,607        

      (33)  The sale, lease, repair, and maintenance of; parts     4,609        

for; or items attached to or incorporated in motor vehicles that   4,610        

are primarily used for transporting tangible personal property by  4,611        

a person engaged in highway transportation for hire;               4,612        

      (34)  Sales to the state headquarters of any veterans'       4,614        

organization in Ohio that is either incorporated and issued a      4,615        

charter by the congress of the United States or is recognized by   4,616        

the United States veterans administration, for use by the          4,617        

headquarters;                                                      4,618        

      (35)  Sales to a telecommunications service vendor of        4,620        

tangible personal property and services used directly and          4,621        

primarily in transmitting, receiving, switching, or recording any  4,622        

interactive, two-way electromagnetic communications, including     4,623        

voice, image, data, and information, through the use of any        4,624        

medium, including, but not limited to, poles, wires, cables,       4,625        

switching equipment, computers, and record storage devices and     4,626        

media, and component parts for the tangible personal property.     4,627        

The exemption provided in division (B)(35) of this section shall   4,628        

be in lieu of all other exceptions under division (E)(2) of        4,629        

                                                          101    


                                                                 
section 5739.01 of the Revised Code to which a telecommunications  4,630        

service vendor may otherwise be entitled based upon the use of     4,631        

the thing purchased in providing the telecommunications service.   4,632        

      (36)  Sales of investment metal bullion and investment       4,634        

coins.  "Investment metal bullion" means any elementary precious   4,635        

metal that has been put through a process of smelting or           4,636        

refining, including, but not limited to, gold, silver, platinum,   4,637        

and palladium, and which is in such state or condition that its    4,638        

value depends upon its content and not upon its form.              4,639        

"Investment metal bullion" does not include fabricated precious    4,640        

metal that has been processed or manufactured for one or more      4,642        

specific and customary industrial, professional, or artistic       4,643        

uses.  "Investment coins" means numismatic coins or other forms    4,644        

of money and legal tender manufactured of gold, silver, platinum,  4,645        

palladium, or other metal under the laws of the United States or   4,646        

any foreign nation with a fair market value greater than any       4,647        

statutory or nominal value of such coins.                          4,648        

      (37)(a)  Sales where the purpose of the consumer is to use   4,650        

or consume the things transferred in making retail sales and       4,651        

consisting of newspaper inserts, catalogues, coupons, flyers,      4,652        

gift certificates, or other advertising material that prices and   4,654        

describes tangible personal property offered for retail sale.      4,655        

      (b)  Sales to direct marketing vendors of preliminary        4,657        

materials such as photographs, artwork, and typesetting that will  4,658        

be used in printing advertising material; of printed matter that   4,659        

offers free merchandise or chances to win sweepstake prizes and    4,660        

that is mailed to potential customers with advertising material    4,661        

described in division (B)(37)(a) of this section; and of           4,662        

equipment such as telephones, computers, facsimile machines, and   4,663        

similar tangible personal property primarily used to accept        4,664        

orders for direct marketing retail sales.                          4,665        

      (c)  Sales of automatic food vending machines that preserve  4,667        

food with a shelf life of forty-five days or less by               4,668        

refrigeration and dispense it to the consumer.                     4,669        

                                                          102    


                                                                 
      For purposes of division (B)(37) of this section, "direct    4,671        

marketing" means the method of selling where consumers order       4,672        

tangible personal property by United States mail, delivery         4,673        

service, or telecommunication and the vendor delivers or ships     4,674        

the tangible personal property sold to the consumer from a         4,675        

warehouse, catalogue distribution center, or similar fulfillment   4,676        

facility by means of the United States mail, delivery service, or  4,677        

common carrier.                                                    4,678        

      (38)  Sales to a person engaged in the business of           4,680        

horticulture or producing livestock of materials to be             4,681        

incorporated into a horticulture structure or livestock            4,682        

structure;                                                         4,683        

      (39)  The sale of a motor vehicle that is used exclusively   4,685        

for a vanpool ridesharing arrangement to persons participating in  4,686        

the vanpool ridesharing arrangement when the vendor is selling     4,687        

the vehicle pursuant to a contract between the vendor and the      4,688        

department of transportation;                                                   

      (40)  Sales of personal computers, computer monitors,        4,690        

computer keyboards, modems, and other peripheral computer          4,691        

equipment to an individual who is licensed or certified to teach   4,692        

in an elementary or a secondary school in this state for use by    4,693        

that individual in preparation for teaching elementary or                       

secondary school students;                                         4,694        

      (41)  Sales to a professional racing team of any of the      4,696        

following:                                                         4,697        

      (a)  Motor racing vehicles;                                  4,699        

      (b)  Repair services for motor racing vehicles;              4,702        

      (c)  Items of property that are attached to or incorporated  4,705        

in motor racing vehicles, including engines, chassis, and all      4,706        

other components of the vehicles, and all spare, replacement, and  4,707        

rebuilt parts or components of the vehicles; except not including  4,708        

tires, consumable fluids, paint, and accessories consisting of     4,709        

instrumentation sensors and related items added to the vehicle to  4,710        

collect and transmit data by means of telemetry and other forms    4,711        

                                                          103    


                                                                 
of communication.                                                               

      (42)  Sales of used manufactured homes and used mobile       4,713        

homes, as defined in section 5739.0210 of the Revised Code, made   4,714        

on or after January 1, 2000.                                       4,715        

      For the purpose of the proper administration of this         4,717        

chapter, and to prevent the evasion of the tax, it is presumed     4,718        

that all sales made in this state are subject to the tax until     4,719        

the contrary is established.                                       4,720        

      As used in this section, except in division (B)(16) of this  4,722        

section, "food" includes cereals and cereal products, milk and     4,723        

milk products including ice cream, meat and meat products, fish    4,724        

and fish products, eggs and egg products, vegetables and           4,725        

vegetable products, fruits, fruit products, and pure fruit         4,726        

juices, condiments, sugar and sugar products, coffee and coffee    4,727        

substitutes, tea, and cocoa and cocoa products.  It does not       4,728        

include:  spirituous or malt liquors; soft drinks; sodas and       4,729        

beverages that are ordinarily dispensed at bars and soda           4,730        

fountains or in connection therewith, other than coffee, tea, and  4,731        

cocoa; root beer and root beer extracts; malt and malt extracts;   4,732        

mineral oils, cod liver oils, and halibut liver oil; medicines,    4,733        

including tonics, vitamin preparations, and other products sold    4,734        

primarily for their medicinal properties; and water, including     4,735        

mineral, bottled, and carbonated waters, and ice.                  4,736        

      (C)  The levy of an excise tax on transactions by which      4,738        

lodging by a hotel is or is to be furnished to transient guests    4,739        

pursuant to this section and division (B) of section 5739.01 of    4,740        

the Revised Code does not prevent any of the following:            4,741        

      (1)  A municipal corporation or township from levying an     4,743        

excise tax for any lawful purpose not to exceed three per cent on  4,744        

transactions by which lodging by a hotel is or is to be furnished  4,745        

to transient guests in addition to the tax levied by this          4,746        

section.  If a municipal corporation or township repeals a tax     4,747        

imposed under division (C)(1) of this section and a county in      4,748        

which the municipal corporation or township has territory has a    4,749        

                                                          104    


                                                                 
tax imposed under division (C) of section 5739.024 of the Revised  4,750        

Code in effect, the municipal corporation or township may not      4,751        

reimpose its tax as long as that county tax remains in effect.  A  4,752        

municipal corporation or township in which a tax is levied under   4,753        

division (B)(2) of section 351.021 of the Revised Code may not     4,754        

increase the rate of its tax levied under division (C)(1) of this  4,755        

section to any rate that would cause the total taxes levied under  4,756        

both of those divisions to exceed three per cent on any lodging    4,757        

transaction within the municipal corporation or township.          4,758        

      (2)  A municipal corporation or a township from levying an   4,760        

additional excise tax not to exceed three per cent on such         4,761        

transactions pursuant to division (B) of section 5739.024 of the   4,762        

Revised Code.  Such tax is in addition to any tax imposed under    4,763        

division (C)(1) of this section.                                   4,764        

      (3)  A county from levying an excise tax pursuant to         4,766        

division (A) of section 5739.024 of the Revised Code.              4,767        

      (4)  A county from levying an excise tax not to exceed       4,769        

three per cent of such transactions pursuant to division (C) of    4,770        

section 5739.024 of the Revised Code.  Such a tax is in addition   4,771        

to any tax imposed under division (C)(3) of this section.          4,772        

      (5)  A convention facilities authority, as defined in        4,774        

division (A) of section 351.01 of the Revised Code, from levying   4,775        

the excise taxes provided for in division (B) of section 351.021   4,776        

of the Revised Code.                                               4,777        

      (6)  A county from levying an excise tax not to exceed one   4,779        

and one-half per cent of such transactions pursuant to division    4,780        

(D) of section 5739.024 of the Revised Code.  Such tax is in       4,781        

addition to any tax imposed under division (C)(3) or (4) of this   4,782        

section.                                                           4,783        

      (7)  A county from levying an excise tax not to exceed one   4,785        

and one-half per cent of such transactions pursuant to division    4,786        

(E) of section 5739.024 of the Revised Code.  Such a tax is in     4,787        

addition to any tax imposed under division (C)(3), (4), or (6) of  4,788        

this section.                                                      4,789        

                                                          105    


                                                                 
      (D)  The levy of this tax on retail sales of recreation and  4,791        

sports club service shall not prevent a municipal corporation      4,792        

from levying any tax on recreation and sports club dues or on any  4,793        

income generated by recreation and sports club dues.               4,794        

      Sec. 5739.11.  As used in this section, "food service        4,803        

operator" means a vendor who conducts a food service operation     4,804        

under Chapter 3732 3717. of the Revised Code.                      4,805        

      Each vendor shall keep complete and accurate records of      4,807        

sales, together with a record of the tax collected on the sales,   4,808        

which shall be the amount due under sections 5739.01 to 5739.31    4,809        

of the Revised Code, and shall keep all invoices, bills of         4,810        

lading, and other such pertinent documents.  Alternatively, any    4,811        

food service operator who has not been convicted under section     4,812        

5739.99 of the Revised Code, with respect to the vendor's food     4,813        

service operation, may keep a sample of primary sales records.     4,814        

Such sample shall consist of all sales invoices, guest checks,     4,815        

cash register tapes, and other such documents for each of          4,816        

fourteen days in every calendar quarter.  The specific days to be  4,817        

included in the sample shall be determined by the tax              4,818        

commissioner and entered in the commissioner's journal within ten  4,819        

days after the close of every calendar quarter.  The tax           4,820        

commissioner shall notify each such operator registered pursuant   4,821        

to section 5739.17 of the Revised Code who requests such           4,822        

notification of the days to be included in each sample by the      4,823        

last day of the month following the close of each calendar         4,824        

quarter.  The notice also shall contain a statement that           4,825        

destruction of primary records for time periods other than the     4,826        

specified sample period is optional and that some operators may    4,827        

wish to keep all such records for four full years so as to be      4,828        

able to clearly demonstrate that they have fully complied with     4,829        

this chapter and Chapter 5741. of the Revised Code.  The tax       4,830        

commissioner shall further make such determination known through   4,831        

a general news release.                                            4,832        

      Each vendor shall keep exemption certificates required to    4,834        

                                                          106    


                                                                 
be obtained under section 5739.03 of the Revised Code.  If the     4,835        

vendor makes sales not subject to the tax and not required to be   4,836        

evidenced by an exemption certificate, the vendor's records shall  4,837        

show the identity of the purchaser, if the sale was exempted by    4,838        

reason of such identity, or the nature of the transaction if       4,839        

exempted for any other reason.  Vendors are not required to        4,840        

differentiate in record-keeping between sales that are exempt      4,841        

from taxation under division (B)(2) of section 5739.02 of the      4,842        

Revised Code and those that are exempt under division (B)(16) of   4,843        

that section.  Such records and other documents required to be     4,844        

kept by this section shall be open during business hours to the    4,845        

inspection of the tax commissioner, and shall be preserved for a   4,846        

period of four years, unless the commissioner, in writing,         4,847        

consents to their destruction within that period, or by order      4,848        

requires that they be kept longer.                                 4,849        

      Section 2.  That existing sections 901.43, 911.01, 911.011,  4,851        

911.02, 915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99,       4,852        

3709.09, 3715.02, 3715.52, 3715.99, 3724.03, 3732.01, 3732.02,     4,853        

3732.03, 3732.04, 3732.05, 3732.06, 3732.08, 3732.09, 3732.10,     4,855        

3732.11, 3732.12, 3732.13, 3732.14, 3732.99, 4303.021, 4303.13,    4,856        

4303.14, 4303.15, 4303.181, 4303.182, 4303.183, 4736.01, 4745.01,  4,857        

5104.05, 5104.051, 5739.02, and 5739.11 of the Revised Code are    4,858        

hereby repealed.                                                                

      Section 3.  Sections 911.01, 911.011, 911.02, 3717.21,       4,860        

3717.24, and 3717.44 of the Revised Code, as amended or enacted    4,861        

by this act, shall take effect February 1, 2001.                   4,862        

      Section 4.  That sections 3707.38, 3715.21, 3715.211, and    4,865        

3732.07 of the Revised Code are hereby repealed, effective         4,866        

February 1, 2001.                                                               

      Section 5.  Prior to the effective date of section 3717.21   4,868        

of the Revised Code, the Director of Agriculture shall conduct a   4,869        

preliminary survey, pursuant to section 3717.11 of the Revised     4,870        

Code, of each board of health to determine whether the board is    4,871        

qualified and has the capacity to administer and enforce the       4,872        

                                                          107    


                                                                 
provisions of Chapter 3717. of the Revised Code pertaining to      4,873        

retail food establishments and to abide by the Ohio Uniform Food   4,874        

Safety Code.  If the director determines that a board is not       4,875        

qualified or lacks the requisite capacity, the director shall      4,876        

grant the board an opportunity to take corrective action.  The     4,877        

director shall notify the board of its deficiencies, specify the   4,878        

corrective actions that must be taken, and specify a deadline by   4,879        

which the board must complete the actions to receive the           4,880        

director's approval under section 3717.11 of the Revised Code.     4,881        

      Section 6.  Initial appointments to the Retail Food Safety   4,884        

Advisory Council, created by section 3717.02 of the Revised Code,  4,886        

shall be made by the Director of Agriculture and Director of       4,887        

Health not later than 90 days after the effective date of this     4,888        

act.  When all members are appointed, the Director of Health       4,889        

shall abolish the Food Service Advisory Board that the Director    4,890        

of Health appointed pursuant to section 3732.02 of the Revised     4,892        

Code, as that section existed before the effective date of this                 

act.                                                               4,893        

      Section 7.  (A)  The Retail Food Safety Advisory Council,    4,895        

created by section 3717.02 of the Revised Code, shall conduct a    4,896        

five-year study for the following purposes:                        4,897        

      (1)  To determine whether the recommendations of the food    4,899        

safety council created by Am. Sub. H.B. 113 of the 122nd General   4,900        

Assembly have been implemented and, if implemented, the effects    4,901        

of the implementation;                                             4,902        

      (2)  To evaluate the level of food safety awareness of       4,904        

consumers and their confidence in the state's food supply.         4,905        

      (B)  On or before June 1, 2006, the Council shall complete   4,907        

its study and issue a report of its findings and recommendations.  4,908        

The report shall be submitted to the Speaker of the House of       4,909        

Representatives, Minority Leader of the House of Representatives,  4,910        

President of the Senate, and Minority Leader of the Senate.        4,911        

      Section 8.  (A)  The Director of Agriculture and the         4,913        

Director of Health shall include, in the information their         4,914        

                                                          108    


                                                                 
departments maintain on the internet, electronic links to each     4,917        

other's information and to a version of the Ohio Uniform Food                   

Safety Code maintained on the internet by the departments.  The    4,919        

Ohio Uniform Food Safety Code shall contain electronic links to    4,920        

the Ohio Revised Code, Ohio Administrative Code, and any other     4,921        

information maintained on the internet that the directors jointly  4,923        

deem relevant.                                                                  

      (B)  The Director of Agriculture and the Director of Health  4,925        

shall study the feasibility of unifying the computer systems of    4,926        

the Department of Agriculture and the Department of Health or      4,927        

otherwise ensuring the compatibility of their respective computer  4,929        

systems.