As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 321 5
1999-2000 6
SENATORS LATTA-DiDONATO-WHITE-HARRIS-MUMPER-WATTS-SPADA-GARDNER 8
REPRESENTATIVES CORBIN-D. MILLER-VERICH-COLLIER-CAREY-METZGER- 9
WIDENER-CATES-EVANS 10
_________________________________________________________________ 11
A B I L L
To amend sections 3717.22 and 3717.42 of the Revised 13
Code to specify that the food safety licensing 14
exemptions that apply to certain nonprofit and
other organizations extend to an individual or 15
group raising funds for the benefit of an exempt 16
organization and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 3717.22 and 3717.42 of the 19
Revised Code be amended to read as follows: 20
Sec. 3717.22. (A) The following are not retail food 29
establishments: 30
(1) A food service operation licensed under this chapter, 33
including a food service operation that provides the services of 34
a retail food establishment pursuant to an endorsement issued 35
under section 3717.44 of the Revised Code; 36
(2) An entity exempt under divisions (B)(1) to (9), (11), 38
or (12) of section 3717.42 of the Revised Code from the 39
requirement to be licensed as a food service operation and an 40
entity exempt under division (B)(10) of that section if the 41
entity is regulated by the department of agriculture as a 42
wholesale food establishment under section 3715.021 of the 43
Revised Code;
(3) A business or that portion of a business that is 45
regulated by the federal government or the department of 46
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agriculture as a food manufacturing or food processing operation, 47
including an operation or that portion of an operation regulated 48
by the department of agriculture under Chapter 911., 913., 915., 50
917., 918., or 925. of the Revised Code.
(B) All of the following are exempt from the requirement 52
to be licensed as a retail food establishment: 53
(1) An operation with commercially prepackaged foods that 56
are not potentially hazardous and contained in displays of less 57
than ten ONE HUNDRED cubic feet;
(2) A storage facility of less than five hundred square 60
feet containing prepackaged foods that are not potentially 61
hazardous;
(3) A roadside market that offers only fresh fruits and 64
fresh vegetables that are unprocessed;
(4) A nonprofit organization exempt from federal income 66
taxation under section 501(c)(3) of the "Internal Revenue Code of 68
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises 69
funds by selling displayed foods, if the foods are not 70
potentially hazardous and the display is made for not more than 71
seven consecutive days or more than fifty-two separate days 72
during a licensing period. THIS EXEMPTION EXTENDS TO ANY 73
INDIVIDUAL OR GROUP RAISING ALL OF ITS FUNDS DURING THE DISPLAY 74
TIME PERIODS SPECIFIED IN DIVISION (B)(4) OF THIS SECTION FOR THE 75
BENEFIT OF THE NONPROFIT ORGANIZATION BY SELLING DISPLAYED FOODS 76
UNDER THE SAME CONDITIONS. 77
Sec. 3717.42. (A) The following are not food service 86
operations:
(1) A retail food establishment licensed under this 88
chapter, including a retail food establishment that provides the 89
services of a food service operation pursuant to an endorsement 90
issued under section 3717.44 of the Revised Code; 91
(2) An entity exempt from the requirement to be licensed 93
as a retail food establishment under division (B) of section 94
3717.22 of the Revised Code; 95
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(3) A business or that portion of a business that is 97
regulated by the federal government or the department of 99
agriculture as a food manufacturing or food processing operation, 100
including an operation or that portion of an operation regulated
by the department of agriculture under Chapter 911., 913., 915., 102
917., 918., or 925. of the Revised Code. 104
(B) All of the following are exempt from the requirement 106
to be licensed as a food service operation: 108
(1) A private home in which individuals related by blood, 110
marriage, or law reside and in which the food that is prepared or 111
served is intended only for those individuals and their nonpaying 112
guests; 113
(2) A private home operated as a bed-and-breakfast that 115
prepares and offers food to guests, if the home is 116
owner-occupied, the number of available guest bedrooms does not 117
exceed six, breakfast is the only meal offered, and the number of 118
guests served does not exceed sixteen; 119
(3) A stand operated on the premises of a private home by 121
one or more children under the age of twelve, if the food served 122
is not potentially hazardous; 123
(4) A residential facility that accommodates not more than 125
sixteen residents; is licensed, certified, registered, or 126
otherwise regulated by the federal government or by the state or 127
a political subdivision of the state; and prepares food for or 128
serves food to only the residents of the facility, the staff of 129
the facility, and any nonpaying guests of residents or staff; 130
(5) A church, school, fraternal or veterans' organization, 133
volunteer fire organization, or volunteer emergency medical 134
service organization preparing or serving food intended for 135
individual portion service on its premises for not more than 136
seven consecutive days or not more than fifty-two separate days 137
during a licensing period;. THIS EXEMPTION EXTENDS TO ANY 138
INDIVIDUAL OR GROUP RAISING ALL OF ITS FUNDS DURING THE TIME 139
PERIODS SPECIFIED IN DIVISION (B)(5) OF THIS SECTION FOR THE
4
BENEFIT OF THE CHURCH, SCHOOL, OR ORGANIZATION BY PREPARING OR 141
SERVING FOOD INTENDED FOR INDIVIDUAL PORTION SERVICE UNDER THE 142
SAME CONDITIONS.
(6) A common carrier that prepares or serves food, if the 144
carrier is regulated by the federal government; 145
(7) A food service operation serving five or fewer 147
individuals daily;
(8) A type A or type B family day-care home, as defined in 150
section 5104.01 of the Revised Code, that prepares or serves food 152
for the children receiving day-care;
(9) A vending machine location where the only foods 155
dispensed are foods from one or both of the following categories: 156
(a) Prepackaged foods that are not potentially hazardous; 158
(b) Nuts, panned or wrapped bulk chewing gum, or panned or 160
wrapped bulk candies. 161
(10) A place servicing the vending machines at a vending 163
machine location described in division (B)(9) of this section; 164
(11) A commissary servicing vending machines that dispense 166
only milk, milk products, or frozen desserts that are under a 167
state or federal inspection and analysis program; 168
(12) A "controlled location vending machine location," 171
which means a vending machine location at which all of the
following apply: 172
(a) The vending machines dispense only foods that are not 174
potentially hazardous; 175
(b) The machines are designed to be filled and maintained 177
in a sanitary manner by untrained persons; 178
(c) Minimal protection is necessary to ensure against 180
contamination of food and equipment. 181
Section 2. That existing sections 3717.22 and 3717.42 of 183
the Revised Code are hereby repealed. 184
Section 3. This act is hereby declared to be an emergency 186
measure necessary for the immediate preservation of the public 187
peace, health, and safety. The reason for such necessity is that 188
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in order to avoid confusion, changes proposed by this act are 189
needed to coincide with the implementation of changes made by 190
Sub. H.B. 223 of the 123rd General Assembly beginning on February
1, 2001. Therefore, this act shall go into immediate effect. 191