As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 321  5            

      1999-2000                                                    6            


                          SENATOR LATTA                            8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 3717.22 and 3717.42 of the Revised  12           

                Code to specify that the food safety licensing     13           

                exemptions that apply to certain nonprofit and                  

                other organizations extend to an individual or     14           

                group raising funds for the benefit of an exempt   15           

                organization.                                                   




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That sections 3717.22 and 3717.42 of the         18           

Revised Code be amended to read as follows:                        19           

      Sec. 3717.22.  (A)  The following are not retail food        28           

establishments:                                                    29           

      (1)  A food service operation licensed under this chapter,   32           

including a food service operation that provides the services of   33           

a retail food establishment pursuant to an endorsement issued      34           

under section 3717.44 of the Revised Code;                         35           

      (2)  An entity exempt under divisions (B)(1) to (9), (11),   37           

or (12) of section 3717.42 of the Revised Code from the            38           

requirement to be licensed as a food service operation and an      39           

entity exempt under division (B)(10) of that section if the        40           

entity is regulated by the department of agriculture as a          41           

wholesale food establishment under section 3715.021 of the         42           

Revised Code;                                                                   

      (3)  A business or that portion of a business that is        44           

regulated by the federal government or the department of           45           

agriculture as a food manufacturing or food processing operation,  46           

including an operation or that portion of an operation regulated   47           

                                                          2      


                                                                 
by the department of agriculture under Chapter 911., 913., 915.,   49           

917., 918., or 925. of the Revised Code.                                        

      (B)  All of the following are exempt from the requirement    51           

to be licensed as a retail food establishment:                     52           

      (1)  An operation with commercially prepackaged foods that   55           

are not potentially hazardous and contained in displays of less    56           

than ten cubic feet;                                                            

      (2)  A storage facility of less than five hundred square     59           

feet containing prepackaged foods that are not potentially         60           

hazardous;                                                                      

      (3)  A roadside market that offers only fresh fruits and     63           

fresh vegetables that are unprocessed;                                          

      (4)  A nonprofit organization exempt from federal income     65           

taxation under section 501(c)(3) of the "Internal Revenue Code of  67           

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises      68           

funds by selling displayed foods, if the foods are not             69           

potentially hazardous and the display is made for not more than    70           

seven consecutive days or more than fifty-two separate days        71           

during a licensing period.  THIS EXEMPTION EXTENDS TO ANY          72           

INDIVIDUAL OR GROUP RAISING FUNDS FOR THE BENEFIT OF THE           73           

NONPROFIT ORGANIZATION BY SELLING DISPLAYED FOODS UNDER THE SAME                

CONDITIONS.                                                        74           

      Sec. 3717.42.  (A)  The following are not food service       83           

operations:                                                                     

      (1)  A retail food establishment licensed under this         85           

chapter, including a retail food establishment that provides the   86           

services of a food service operation pursuant to an endorsement    87           

issued under section 3717.44 of the Revised Code;                  88           

      (2)  An entity exempt from the requirement to be licensed    90           

as a retail food establishment under division (B) of section       91           

3717.22 of the Revised Code;                                       92           

      (3)  A business or that portion of a business that is        94           

regulated by the federal government or the department of           96           

agriculture as a food manufacturing or food processing operation,  97           

                                                          3      


                                                                 
including an operation or that portion of an operation regulated                

by the department of agriculture under Chapter 911., 913., 915.,   99           

917., 918., or 925. of the Revised Code.                           101          

      (B)  All of the following are exempt from the requirement    103          

to be licensed as a food service operation:                        105          

      (1)  A private home in which individuals related by blood,   107          

marriage, or law reside and in which the food that is prepared or  108          

served is intended only for those individuals and their nonpaying  109          

guests;                                                            110          

      (2)  A private home operated as a bed-and-breakfast that     112          

prepares and offers food to guests, if the home is                 113          

owner-occupied, the number of available guest bedrooms does not    114          

exceed six, breakfast is the only meal offered, and the number of  115          

guests served does not exceed sixteen;                             116          

      (3)  A stand operated on the premises of a private home by   118          

one or more children under the age of twelve, if the food served   119          

is not potentially hazardous;                                      120          

      (4)  A residential facility that accommodates not more than  122          

sixteen residents; is licensed, certified, registered, or          123          

otherwise regulated by the federal government or by the state or   124          

a political subdivision of the state; and prepares food for or     125          

serves food to only the residents of the facility, the staff of    126          

the facility, and any nonpaying guests of residents or staff;      127          

      (5)  A church, school, fraternal or veterans' organization,  130          

volunteer fire organization, or volunteer emergency medical        131          

service organization preparing or serving food intended for        132          

individual portion service on its premises for not more than       133          

seven consecutive days or not more than fifty-two separate days    134          

during a licensing period;.  THIS EXEMPTION EXTENDS TO ANY         135          

INDIVIDUAL OR GROUP RAISING FUNDS FOR THE BENEFIT OF THE CHURCH,   136          

SCHOOL, OR ORGANIZATION BY PREPARING OR SERVING FOOD INTENDED FOR               

INDIVIDUAL PORTION SERVICE UNDER THE SAME CONDITIONS.              137          

      (6)  A common carrier that prepares or serves food, if the   139          

carrier is regulated by the federal government;                    140          

                                                          4      


                                                                 
      (7)  A food service operation serving five or fewer          142          

individuals daily;                                                              

      (8)  A type A or type B family day-care home, as defined in  145          

section 5104.01 of the Revised Code, that prepares or serves food  147          

for the children receiving day-care;                                            

      (9)  A vending machine location where the only foods         150          

dispensed are foods from one or both of the following categories:  151          

      (a)  Prepackaged foods that are not potentially hazardous;   153          

      (b)  Nuts, panned or wrapped bulk chewing gum, or panned or  155          

wrapped bulk candies.                                              156          

      (10)  A place servicing the vending machines at a vending    158          

machine location described in division (B)(9) of this section;     159          

      (11)  A commissary servicing vending machines that dispense  161          

only milk, milk products, or frozen desserts that are under a      162          

state or federal inspection and analysis program;                  163          

      (12)  A "controlled location vending machine location,"      166          

which means a vending machine location at which all of the                      

following apply:                                                   167          

      (a)  The vending machines dispense only foods that are not   169          

potentially hazardous;                                             170          

      (b)  The machines are designed to be filled and maintained   172          

in a sanitary manner by untrained persons;                         173          

      (c)  Minimal protection is necessary to ensure against       175          

contamination of food and equipment.                               176          

      Section 2.  That existing sections 3717.22 and 3717.42 of    178          

the Revised Code are hereby repealed.                              179