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To amend sections 917.01, 917.02, 917.03, 917.032, | 1 |
917.04, and 917.05 and to enact section 917.25 of | 2 |
the Revised Code to revise the statutes governing | 3 |
raw milk. | 4 |
Section 1. That sections 917.01, 917.02, 917.03, 917.032, | 5 |
917.04, and 917.05 be amended and section 917.25 of the Revised | 6 |
Code be enacted to read as follows: | 7 |
Sec. 917.01. As used in this chapter: | 8 |
(A) "Person" means any individual, government agency, | 9 |
political subdivision, partnership, corporation, association, | 10 |
co-operative association, or other business unit. | 11 |
(B) "Co-operative association" or "agricultural cooperative | 12 |
association" means any agricultural cooperative organized under | 13 |
Chapter 1729. of the Revised Code and qualified to do business in | 14 |
this state if the director of agriculture finds the association | 15 |
has, in good faith, its entire activities under the control of its | 16 |
members and has been and is exercising full authority in the sale | 17 |
of milk or cream for its members. | 18 |
(C) "Market area" means any area that the director finds is a | 19 |
natural marketing area and designates as such. | 20 |
(D) "Dealer" or "milk dealer" means a person who purchases or | 21 |
receives milk from a producer for the purpose of bottling, | 22 |
packaging, selling, processing, jobbing, brokering, or | 23 |
distributing the milk except where the milk is disposed of in the | 24 |
same container in which it is received, without removal from the | 25 |
container and without processing in any way except by necessary | 26 |
refrigeration. Any person who buys and distributes milk in | 27 |
containers under the person's own label is a dealer. | 28 |
(E) "Imitation" means imitation as described in 21 C.F.R. | 29 |
101.3, as amended. | 30 |
(F) "Milk" means the lacteal secretion, substantially free | 31 |
from colostrum, obtained by the complete milking of one or more | 32 |
healthy cows, goats, sheep, or other animals and intended for | 33 |
either of the following purposes: | 34 |
(1) To be sold for human consumption or for use in dairy | 35 |
products; | 36 |
(2) To be used for human consumption or for use in dairy | 37 |
products on the premises of a governmental agency or institution. | 38 |
"Milk" does not include a blend of the lacteal secretions of | 39 |
different species. | 40 |
(G) "Grade A milk" means milk produced by a person holding a | 41 |
valid producer license of the grade A milk category issued | 42 |
pursuant to section 917.09 of the Revised Code. | 43 |
(H) "Manufacture milk" means milk produced by a person | 44 |
holding a valid producer license of the manufacture milk category | 45 |
issued pursuant to section 917.09 of the Revised Code. | 46 |
(I) "Producer" or "milk producer" means a grade A milk | 47 |
producer or a manufacture milk producer. | 48 |
(J) "Grade A milk producer" means a person located in this | 49 |
state who sells or offers for sale grade A milk obtained from a | 50 |
cow, goat, sheep, or other animal that the person owns or | 51 |
controls. | 52 |
(K) "Manufacture milk producer" means a person located in | 53 |
this state who sells or offers for sale manufacture milk obtained | 54 |
from a cow, goat, sheep, or other animal that the person owns or | 55 |
controls. | 56 |
(L) "Grade A milk products" means products derived from grade | 57 |
A milk and having the standard of identity, quality, strength, | 58 |
purity, grade, and, if added, permitted optional ingredients found | 59 |
in the standards of identity established for the products in rules | 60 |
adopted by the director under section 917.02 or 3715.02 of the | 61 |
Revised Code, and includes: | 62 |
(1) Cottage cheese; | 63 |
(2) Raw, pasteurized, or aseptically processed products | 64 |
derived from milk and described in either of the following: | 65 |
(a) The most recent published recommendations of the food and | 66 |
drug administration, public health service, United States | 67 |
department of health and human services; | 68 |
(b) Rules adopted by the director. | 69 |
(M) "Manufactured milk products" means all products, other | 70 |
than raw milk for sale to the ultimate consumer and grade A milk | 71 |
products, that are derived from milk and are for human | 72 |
consumption, including: | 73 |
(1) Butter; | 74 |
(2) Natural or processed cheese; | 75 |
(3) Evaporated, condensed, and dry products; | 76 |
(4) Frozen desserts; | 77 |
(5) Such other products derived from milk as the director may | 78 |
specify by rule that have the standard of identity, quality, | 79 |
strength, purity, grade, and, if added, permitted optional | 80 |
ingredients found in the standards of identity established for the | 81 |
product in rules adopted by the director under section 917.02 or | 82 |
3715.02 of the Revised Code. | 83 |
(N) "Dairy products" means milk, raw milk for sale to the | 84 |
ultimate consumer, grade A milk products, and manufactured milk | 85 |
products. | 86 |
(O) "Frozen desserts" means frozen desserts, including the | 87 |
mixes, described in 21 C.F.R. 135, as amended, unless otherwise | 88 |
specified by the director by rule. | 89 |
(P) "Milk plant" means a grade A milk plant or manufacture | 90 |
milk plant. | 91 |
(Q) "Grade A milk plant" means a place, including a | 92 |
governmental operation, where grade A milk or a grade A milk | 93 |
product is collected, handled, controlled, processed, stored, | 94 |
pasteurized, ultra-pasteurized, repasteurized, aseptically | 95 |
processed, bottled, or prepared for distribution, but does not | 96 |
include a place where a grade A milk product is purchased in | 97 |
packaged form and is stored and handled for the sole purpose of | 98 |
sale to the ultimate consumer. | 99 |
(R) "Manufacture milk plant" means a place, including a | 100 |
governmental operation, where manufacture milk or a manufactured | 101 |
milk product is collected, handled, controlled, manufactured, | 102 |
processed, stored, pasteurized, ultra-pasteurized, repasteurized, | 103 |
commercially sterilized, aseptically processed, bottled, or | 104 |
prepared for distribution, but does not include a place where a | 105 |
manufactured milk product is purchased in packaged form and is | 106 |
stored and handled for the sole purpose of sale to the ultimate | 107 |
consumer. | 108 |
(S) "Raw milk for sale to the ultimate consumer" means the | 109 |
raw milk sold or offered for sale by a raw milk retailer. | 110 |
(T) "Raw milk retailer"
means a person who | 111 |
112 | |
113 | |
114 | |
Code. | 115 |
(U) "Processor" or "milk processor" means a grade A milk | 116 |
processor or a manufacture milk processor. | 117 |
(V) "Grade A milk processor" means a person who operates or | 118 |
controls a milk plant, transfer station, receiving station, or | 119 |
milk transport cleaning facility that is located in this state or | 120 |
from which grade A milk or grade A milk products are sold or | 121 |
offered for sale for human consumption, as applicable. | 122 |
(W) "Manufacture milk processor" means any person who | 123 |
operates or controls a manufacture milk plant, transfer station, | 124 |
receiving station, or milk transport cleaning facility that is | 125 |
located in this state or from which manufacture milk or | 126 |
manufactured milk products are sold or offered for sale for human | 127 |
consumption, as applicable. | 128 |
(X) "Weigher, sampler, or tester" means a person who, in | 129 |
order to determine volume, weight, or composition for the purpose | 130 |
of determining price, weighs, tests, or samples either of the | 131 |
following: | 132 |
(1) Milk at a dairy farm; | 133 |
(2) Milk or cream purchased by a dealer from a milk producer | 134 |
or co-operative association. | 135 |
(Y) "Hauler" or "milk hauler" means a person who owns or | 136 |
leases a vehicle or conveyance used to transport raw milk, but | 137 |
does not include a producer transporting raw milk that the | 138 |
producer has produced. | 139 |
(Z) "License" means a license issued under section 917.09 of | 140 |
the Revised Code and includes a registration issued under division | 141 |
(J) of that section. | 142 |
Sec. 917.02. (A) The director of agriculture may do any of | 143 |
the following: | 144 |
(1) Adopt rules in accordance with Chapter 119. of the | 145 |
Revised Code regulating all of the following: | 146 |
(a) The sanitary production, storage, transportation, | 147 |
manufacturing, handling, processing, sampling, testing, | 148 |
examination, and sale of dairy products; | 149 |
(b) The suspension and revocation of licenses issued under | 150 |
section 917.09 of the Revised Code, provided that the rules are in | 151 |
accordance with and do not conflict with section 917.22 of the | 152 |
Revised Code; | 153 |
(c) Terms and renewal periods, registration requirements, | 154 |
categories, and fees for licenses issued under section 917.09 of | 155 |
the Revised Code, except that the fee for a producer's license | 156 |
shall not exceed fifteen dollars; | 157 |
(d) Examinations that must be passed prior to issuance of a | 158 |
weigher, sampler, or tester license and inspections that must be | 159 |
passed prior to issuance of any other type of license issued under | 160 |
section 917.09 of the Revised Code; | 161 |
(e) Procedures for issuing and renewing licenses under | 162 |
section 917.09 of the Revised Code; | 163 |
(f) Information that an applicant for a license issued under | 164 |
section 917.09 of the Revised Code is required to provide on the | 165 |
application for licensure; | 166 |
(g) Standards for equipment or materials used for the | 167 |
production, processing, and handling of dairy products; | 168 |
(h) Records to be kept by persons holding a license issued | 169 |
under this chapter and the inspection and auditing of books and | 170 |
records of those persons, and any other records that are required | 171 |
to be kept by other rules adopted under this section; | 172 |
(i) Security arrangements and evidence of financial | 173 |
responsibility for milk dealers, to ensure prompt payment to milk | 174 |
producers; | 175 |
(j) Standards of identity, quality, strength, purity, | 176 |
grading, and labeling of dairy products; | 177 |
(k) The production, processing, and handling of dairy | 178 |
products and the prompt and accurate payment for milk and cream by | 179 |
milk dealers, but not the establishment or control of the price of | 180 |
milk and cream; | 181 |
(l) Criteria for the equipment, methods, or materials to be | 182 |
used in performing weighing, volumetric measuring, sampling, and | 183 |
testing of milk and its components when such an operation is used | 184 |
as the basis for determining payment for milk delivered to or | 185 |
purchased by dealers; | 186 |
(m) The size and placement of labels and of words on labels | 187 |
required by section 917.04 of the Revised Code to be placed on | 188 |
final delivery containers used for the sale of raw milk to | 189 |
ultimate consumers; | 190 |
(n) The size and placement of notices required to be | 191 |
displayed by a grade A milk producer for the sale of raw milk to | 192 |
the ultimate consumer under section 917.04 of the Revised Code; | 193 |
(o) Procedures and standards for the hand-filling, | 194 |
hand-capping, and on-premises storage of raw milk in single-use or | 195 |
reusable final delivery containers that are used for the sale of | 196 |
raw milk to the ultimate consumer by a grade A milk producer. | 197 |
The director shall have exclusive authority to administer and | 198 |
enforce rules adopted under division (A)(1) of this section. | 199 |
(2) Enter into, with the approval of the milk sanitation | 200 |
board created in section 917.03 of the Revised Code, an agreement | 201 |
with a public or private entity that the director determines is | 202 |
properly qualified for the performance of any of the inspections | 203 |
and analyses required by this chapter; | 204 |
(3) Adopt rules by reference to all or any part of the | 205 |
following recommendations: | 206 |
(a) The grade A pasteurized milk ordinance, as amended, and | 207 |
the "grade A condensed and dry milk products and condensed and dry | 208 |
whey" supplement I to the grade A pasteurized milk ordinance of | 209 |
the food and drug administration, public health service, of the | 210 |
United States department of health and human services, to the | 211 |
extent those provisions do not conflict with the laws of this | 212 |
state; | 213 |
(b) The most recent recommendations for milk for | 214 |
manufacturing purposes and its production and processing published | 215 |
in final form in the Federal Register by the United States | 216 |
department of agriculture, to the extent those recommendations do | 217 |
not conflict with the laws of this state. | 218 |
(4) Administer and enforce this chapter and rules adopted | 219 |
under it and appoint inspectors and other personnel necessary to | 220 |
carry out this chapter and those rules; | 221 |
(5) Embargo a dairy product that the director reasonably | 222 |
suspects, believes, or determines is adulterated as described in | 223 |
section 3715.59 of the Revised Code or is misbranded as described | 224 |
in section 3715.60 of the Revised Code; | 225 |
(6) Adopt by reference all or any part of the rules governing | 226 |
the dairy industry adopted by the United States food and drug | 227 |
administration and the United States department of agriculture; | 228 |
(7) Annually, not later than ninety days after the end of the | 229 |
state fiscal year, determine the expense of administering and | 230 |
enforcing this chapter and rules adopted under it during the | 231 |
preceding state fiscal year and report the determinations to the | 232 |
milk sanitation board. | 233 |
(B) The director shall do | 234 |
(1) Adopt rules in accordance with Chapter 119. of the | 235 |
Revised Code establishing requirements for continuing education | 236 |
courses for weighers, samplers, and testers licensed under section | 237 |
917.09 of the Revised Code; | 238 |
(2) Review continuing education courses for weighers, | 239 |
samplers, and testers licensed under section 917.09 of the Revised | 240 |
Code and grant approval to those that meet the requirements | 241 |
established in rules adopted under division (B)(1) of this | 242 |
section; | 243 |
(3) Adopt rules in accordance with Chapter 119. of the | 244 |
Revised Code establishing requirements governing the production, | 245 |
labeling, inspection, and sampling of raw milk that is not to be | 246 |
pasteurized prior to gift, sale, offer for sale, or exposure for | 247 |
sale to the ultimate consumer as authorized in section 917.04 of | 248 |
the Revised Code. The rules shall be no more stringent than the | 249 |
grade A pasteurized milk ordinance of the food and drug | 250 |
administration, public health service, of the United States | 251 |
department of health and human services, 2005 revision, to the | 252 |
extent those provisions do not conflict with the laws of this | 253 |
state. | 254 |
Sec. 917.03. There is hereby created a milk sanitation board | 255 |
consisting of the director of agriculture or the director's | 256 |
authorized representative, the director of health or the | 257 |
director's authorized representative, and the following members to | 258 |
be appointed by the director of agriculture: | 259 |
(A) Two grade A milk producers; | 260 |
(B) One manufacture milk producer; | 261 |
(C) Three milk processors, one of whom shall be a grade A | 262 |
milk processor and one of whom shall be a manufacture milk | 263 |
processor; | 264 |
(D) One milk hauler; | 265 |
(E) Two raw milk retailers. | 266 |
The | 267 |
retailers shall not be members or representatives of the same | 268 |
co-operative association. | 269 |
The director of agriculture or the director's authorized | 270 |
representative shall serve as chairperson of the board. | 271 |
Before making the appointments to the board required under | 272 |
this section, the director of agriculture shall consult the | 273 |
respective statewide trade organizations, if any, that represent | 274 |
grade A milk producers, manufacture milk producers, milk | 275 |
processors, raw milk retailers, and milk haulers. | 276 |
Of the initial appointments made prior to the effective date | 277 |
of this amendment, one grade A milk producer, one milk processor, | 278 |
and the milk hauler shall serve for a term ending December 31, | 279 |
1998, one grade A milk producer and the manufacture milk processor | 280 |
shall serve for a term ending December 31, 1999, and the | 281 |
manufacture milk producer and a grade A milk processor shall serve | 282 |
for a term ending December 31, 2000. Of the initial appointments | 283 |
made after the effective date of this amendment, one raw milk | 284 |
retailer shall serve for a term ending December 31, 2007, and one | 285 |
raw milk retailer shall serve for a term ending December 31, 2008. | 286 |
Thereafter, members shall serve three-year terms that expire on | 287 |
the thirty-first day of December. | 288 |
Each member shall hold office from the date of appointment | 289 |
until the end of the term for which the member was appointed. A | 290 |
member appointed to fill a vacancy occurring prior to the | 291 |
expiration of the term for which the member's predecessor was | 292 |
appointed shall hold office for the remainder of the term. A | 293 |
member shall continue in office subsequent to the expiration date | 294 |
of the member's term until the member's successor takes office or | 295 |
a period of sixty days has elapsed, whichever occurs first. A | 296 |
member shall continue in office for the entirety of the member's | 297 |
term unless removed for misfeasance, malfeasance, or nonfeasance. | 298 |
The director shall provide the board with the personnel, | 299 |
office space, and incidentals necessary for it to perform its | 300 |
duties and exercise its powers. Members shall be reimbursed for | 301 |
their actual and necessary expenses incurred in the performance of | 302 |
their duties. Appointed members shall receive compensation in an | 303 |
amount determined pursuant to division (J) of section 124.15 of | 304 |
the Revised Code. | 305 |
Sec. 917.032. | 306 |
subcommittee created under division (B) of this section, the milk | 307 |
sanitation board shall create three standing subcommittees and may | 308 |
create other subcommittees consisting of board members or | 309 |
nonmembers to review and consider any issue relevant to this | 310 |
chapter and to report findings and make recommendations to the | 311 |
board. Each of the three standing subcommittees shall consist of | 312 |
eight members. One standing subcommittee shall represent grade A | 313 |
milk production and processing, one shall represent manufacture | 314 |
milk production and manufacturing, and one shall represent frozen | 315 |
dessert manufacturing. | 316 |
The director of agriculture shall appoint members of the | 317 |
three standing subcommittees after consulting with statewide trade | 318 |
organizations representing grade A milk producers and processors, | 319 |
manufacture milk producers and manufacturers, and frozen dessert | 320 |
manufacturers, respectively. | 321 |
(B) The milk sanitation board shall create a standing | 322 |
subcommittee to review and consider any raw milk issue relevant to | 323 |
this chapter and to report findings and make recommendations to | 324 |
the board. The standing subcommittee shall consist of eight | 325 |
members. The standing subcommittee shall represent raw milk | 326 |
production. The director shall appoint members of the standing | 327 |
committee who are raw milk retailers or consumers of raw milk. | 328 |
(C) The director shall appoint at least one member of the | 329 |
milk sanitation board to serve on each standing subcommittee, and | 330 |
the director or the director's authorized representative shall | 331 |
appoint at least one member of the milk sanitation board to serve | 332 |
on each other subcommittee. The director shall appoint all other | 333 |
members of standing subcommittees, and the director or the | 334 |
director's authorized representative shall appoint all other | 335 |
members of the other subcommittees. The director shall determine | 336 |
the length of the term of office of each member of a standing | 337 |
subcommittee or other subcommittee and may remove a member for | 338 |
misfeasance, malfeasance, or nonfeasance. | 339 |
(D) A standing subcommittee or any other subcommittee may do | 340 |
all of the following: | 341 |
| 342 |
the administration and enforcement of this chapter and rules | 343 |
adopted under it; | 344 |
| 345 |
regarding proposed rules; | 346 |
| 347 |
and any private or public entity desiring to perform or performing | 348 |
any of the inspections or analyses required under this chapter and | 349 |
rules adopted under it. | 350 |
Sec. 917.04. | 351 |
may give, sell, offer for sale, or expose for sale raw milk to the | 352 |
ultimate consumer
| 353 |
354 | |
355 | |
producer complies with all of the following: | 356 |
(A) The producer holds a valid raw milk retailer license | 357 |
issued under section 917.09 of the
Revised
Code | 358 |
359 | |
360 |
| 361 |
362 | |
363 |
(B) The gift, sale, offer for sale, or exposure for sale | 364 |
occurs on the premises where the raw milk is produced. | 365 |
(C) The producer displays a notice, in a conspicuous place | 366 |
and complying with the requirements established in rules adopted | 367 |
under section 917.02 of the Revised Code, with the words "this | 368 |
product has not been pasteurized and may contain disease producing | 369 |
organisms." | 370 |
(D) All final delivery containers used for the sale of raw | 371 |
milk to ultimate consumers have a label, complying with the | 372 |
requirements established in rules adopted under section 917.02 of | 373 |
the Revised Code, with the words "this product has not been | 374 |
pasteurized and may
contain disease producing organisms | 375 |
been filled, capped, and stored in compliance with the procedures | 376 |
and standards established in rules adopted under section 917.02 of | 377 |
the Revised Code. | 378 |
Sec. 917.05. No person shall do any of the following or | 379 |
cause any of the following to be done: | 380 |
(A) Represent an imitation to be a dairy product; | 381 |
(B) Use a measure, test, or equipment, for the purpose of | 382 |
determining the identity, quality, strength, purity, grade, | 383 |
quantity, or price of a dairy product, that does not comply with | 384 |
standards established by the director of agriculture by rule; | 385 |
(C) Conduct a test to determine the identity, quality, | 386 |
strength, purity, grade, quantity, or price of a dairy product in | 387 |
a manner that is not in accordance with rules adopted by the | 388 |
director; | 389 |
(D) Alter or destroy the results of a test conducted to | 390 |
determine the identity, quality, strength, purity, grade, | 391 |
quantity, or price of a dairy product; | 392 |
(E) Manufacture, sell, or deliver, hold, or offer for sale a | 393 |
dairy product that is not labeled or represented in accordance | 394 |
with the "Nutrition Labeling and Education Act of 1990," 104 Stat. | 395 |
2353, 21 U.S.C.A. 343, as amended, and regulations adopted under | 396 |
it, and with this chapter and Chapter 3715. of the Revised Code | 397 |
and rules adopted under those chapters; | 398 |
(F) Manufacture, sell, or deliver, hold, or offer for sale a | 399 |
dairy product that is adulterated as described in section 3715.59 | 400 |
of the Revised Code or is misbranded as described in section | 401 |
3715.60 of the Revised Code; | 402 |
(G) Use for human consumption goat's milk, sheep's milk, or | 403 |
another animal's milk, except to manufacture dairy products that | 404 |
are described in 21 C.F.R., as amended, or recognized as | 405 |
nonstandardized traditional products normally manufactured from | 406 |
the animal's milk. This division does not apply to the gift, sale, | 407 |
offering for sale, or exposing for sale of raw milk to the | 408 |
ultimate consumer in accordance with section 917.04 of the Revised | 409 |
Code. | 410 |
Sec. 917.25. This chapter does not apply to an individual who | 411 |
owns an animal for the purpose of personal consumption of the | 412 |
dairy products produced by that animal. | 413 |
Section 2. That existing sections 917.01, 917.02, 917.03, | 414 |
917.032, 917.04, and 917.05 of the Revised Code are hereby | 415 |
repealed. | 416 |