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
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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
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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
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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
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(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
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(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.