As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 287


Senator Schaffer 

Cosponsors: Senators Schiavoni, Seitz, Wagoner 



A BILL
To amend section 3715.021 of the Revised Code to 1
exclude manufacturers of wine from regulation as 2
food processing establishments under the Pure Food 3
and Drug Law.4


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

       Section 1. That section 3715.021 of the Revised Code be 5
amended to read as follows:6

       Sec. 3715.021.  (A) As used in this section, "food processing 7
establishment" means a premises or part of a premises where food 8
is processed, packaged, manufactured, or otherwise held or handled 9
for distribution to another location or for sale at wholesale. 10
"Food processing establishment" includes the activities of a 11
bakery, confectionery, cannery, bottler, warehouse, or 12
distributor, and the activities of an entity that receives or 13
salvages distressed food for sale or use as food. A "food"Food14
processing establishment" does not include a cottage food 15
production operation; a manufacturer of wine as defined in section 16
4301.01 of the Revised Code; a processor of maple syrup who boils 17
sap when a minimum of seventy-five per cent of the sap used to 18
produce the syrup is collected directly from trees by that 19
processor; a processor of sorghum who processes sorghum juice when 20
a minimum of seventy-five per cent of the sorghum juice used to 21
produce the sorghum is extracted directly from sorghum plants by 22
that processor; or a beekeeper who jars honey when a minimum of 23
seventy-five per cent of the honey is from that beekeeper's own 24
hives.25

       (B) The director of agriculture shall adopt rules in 26
accordance with Chapter 119. of the Revised Code that establish, 27
when otherwise not established by the Revised Code, standards and 28
good manufacturing practices for food processing establishments, 29
including the facilities of food processing establishments and 30
their sanitation. The rules shall conform with or be equivalent to 31
the standards for foods established by the United States food and 32
drug administration in Title 21 of the Code of Federal 33
Regulations.34

       A business or that portion of a business that is regulated by 35
the department of agriculture under Chapter 917. or 918. of the 36
Revised Code is not subject to regulation under this section as a 37
food processing establishment.38

       Section 2. That existing section 3715.021 of the Revised Code 39
is hereby repealed.40