As Reported by the Senate Agriculture Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 321 5
1999-2000 6
SENATORS LATTA-DiDONATO-WHITE-HARRIS-MUMPER 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 and to declare an emergency.
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
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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 ONE HUNDRED 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 ALL OF ITS FUNDS DURING THE DISPLAY 73
TIME PERIODS SPECIFIED IN DIVISION (B)(4) OF THIS SECTION FOR THE 74
BENEFIT OF THE NONPROFIT ORGANIZATION BY SELLING DISPLAYED FOODS 75
UNDER THE SAME CONDITIONS. 76
Sec. 3717.42. (A) The following are not food service 85
operations:
(1) A retail food establishment licensed under this 87
chapter, including a retail food establishment that provides the 88
services of a food service operation pursuant to an endorsement 89
issued under section 3717.44 of the Revised Code; 90
(2) An entity exempt from the requirement to be licensed 92
as a retail food establishment under division (B) of section 93
3717.22 of the Revised Code; 94
(3) A business or that portion of a business that is 96
regulated by the federal government or the department of 98
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agriculture as a food manufacturing or food processing operation, 99
including an operation or that portion of an operation regulated
by the department of agriculture under Chapter 911., 913., 915., 101
917., 918., or 925. of the Revised Code. 103
(B) All of the following are exempt from the requirement 105
to be licensed as a food service operation: 107
(1) A private home in which individuals related by blood, 109
marriage, or law reside and in which the food that is prepared or 110
served is intended only for those individuals and their nonpaying 111
guests; 112
(2) A private home operated as a bed-and-breakfast that 114
prepares and offers food to guests, if the home is 115
owner-occupied, the number of available guest bedrooms does not 116
exceed six, breakfast is the only meal offered, and the number of 117
guests served does not exceed sixteen; 118
(3) A stand operated on the premises of a private home by 120
one or more children under the age of twelve, if the food served 121
is not potentially hazardous; 122
(4) A residential facility that accommodates not more than 124
sixteen residents; is licensed, certified, registered, or 125
otherwise regulated by the federal government or by the state or 126
a political subdivision of the state; and prepares food for or 127
serves food to only the residents of the facility, the staff of 128
the facility, and any nonpaying guests of residents or staff; 129
(5) A church, school, fraternal or veterans' organization, 132
volunteer fire organization, or volunteer emergency medical 133
service organization preparing or serving food intended for 134
individual portion service on its premises for not more than 135
seven consecutive days or not more than fifty-two separate days 136
during a licensing period;. THIS EXEMPTION EXTENDS TO ANY 137
INDIVIDUAL OR GROUP RAISING ALL OF ITS FUNDS DURING THE TIME 138
PERIODS SPECIFIED IN DIVISION (B)(5) OF THIS SECTION FOR THE
BENEFIT OF THE CHURCH, SCHOOL, OR ORGANIZATION BY PREPARING OR 140
SERVING FOOD INTENDED FOR INDIVIDUAL PORTION SERVICE UNDER THE 141
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SAME CONDITIONS.
(6) A common carrier that prepares or serves food, if the 143
carrier is regulated by the federal government; 144
(7) A food service operation serving five or fewer 146
individuals daily;
(8) A type A or type B family day-care home, as defined in 149
section 5104.01 of the Revised Code, that prepares or serves food 151
for the children receiving day-care;
(9) A vending machine location where the only foods 154
dispensed are foods from one or both of the following categories: 155
(a) Prepackaged foods that are not potentially hazardous; 157
(b) Nuts, panned or wrapped bulk chewing gum, or panned or 159
wrapped bulk candies. 160
(10) A place servicing the vending machines at a vending 162
machine location described in division (B)(9) of this section; 163
(11) A commissary servicing vending machines that dispense 165
only milk, milk products, or frozen desserts that are under a 166
state or federal inspection and analysis program; 167
(12) A "controlled location vending machine location," 170
which means a vending machine location at which all of the
following apply: 171
(a) The vending machines dispense only foods that are not 173
potentially hazardous; 174
(b) The machines are designed to be filled and maintained 176
in a sanitary manner by untrained persons; 177
(c) Minimal protection is necessary to ensure against 179
contamination of food and equipment. 180
Section 2. That existing sections 3717.22 and 3717.42 of 182
the Revised Code are hereby repealed. 183
Section 3. This act is hereby declared to be an emergency 185
measure necessary for the immediate preservation of the public 186
peace, health, and safety. The reason for such necessity is that 187
in order to avoid confusion, changes proposed by this act are 188
needed to coincide with the implementation of changes made by 189
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Sub. H.B. 223 of the 123rd General Assembly beginning on February
1, 2001. Therefore, this act shall go into immediate effect. 190