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
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(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