S. B. No. 95 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 95

Senator Cates

Cosponsors: Senators Clancy, Schuler

A BILL

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

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

       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~~, prior to October~~ 111
~~31, 1965, was engaged continuously in the business of selling or~~ 112
~~offering for sale~~has been issued a raw milk ~~directly to ultimate~~ 113
~~consumers~~retailer license under section 917.09 of the Revised 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 ~~both~~all of the following: 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 ~~three~~five members who are milk producers or raw milk 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. ~~The~~(A) In addition to the standing 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. ~~The~~ 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

       ~~(A)~~(1) Advise and consult with the milk sanitation board in 342
the administration and enforcement of this chapter and rules 343
adopted under it; 344

       ~~(B)~~(2) Make recommendations to the milk sanitation board 345
regarding proposed rules; 346

       ~~(C)~~(3) Approve or disapprove agreements between the director 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. ~~No raw~~A grade A milk ~~retailer shall~~producer 351
may give, sell, offer for sale, or expose for sale raw milk to the 352
ultimate consumer ~~except a raw milk retailer who, prior to October~~ 353
~~31, 1965, was engaged continuously in the business of selling or~~ 354
~~offering for sale raw milk directly to ultimate consumers,~~if the 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~~, and is subject to~~ 358
~~the rules regulating the sale of raw milk adopted under this~~ 359
~~chapter.~~ 360

       ~~No person shall fail to label, in accordance with rules~~ 361
~~adopted by the director of agriculture under section 917.02 of the~~ 362
~~Revised Code, all~~. 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." and have 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

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

(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

(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

(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

(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~~, prior to October~~	111
~~31, 1965, was engaged continuously in the business of selling or~~	112
~~offering for sale~~has been issued a raw milk ~~directly to ultimate~~	113
~~consumers~~retailer license under section 917.09 of the Revised	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