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| To amend section 3715.52 of the Revised Code to | 1 |
| prohibit the sale or manufacture of certain | 2 |
| products containing bisphenol-A. | 3 |
| Section 1. That section 3715.52 of the Revised Code be | 4 |
| amended to read as follows: | 5 |
| Sec. 3715.52. (A) The following acts and causing them are | 6 |
| prohibited: | 7 |
| (1) The manufacture, sale, or delivery, holding or offering | 8 |
| for sale of any food, drug, device, or cosmetic that is | 9 |
| adulterated or misbranded; | 10 |
| (2) The adulteration or misbranding of any food, drug, | 11 |
| device, or cosmetic; | 12 |
| (3) The receipt in commerce of any food, drug, device, or | 13 |
| cosmetic that is adulterated or misbranded, and the delivery or | 14 |
| proffered delivery thereof for pay or otherwise; | 15 |
| (4) The sale, delivery for sale, holding for sale, or | 16 |
| offering for sale of any article in violation of section 3715.61 | 17 |
| or 3715.65 of the Revised Code; | 18 |
| (5) The dissemination of any false advertisement; | 19 |
| (6) The refusal to permit entry or inspection, or to permit | 20 |
| the taking of a sample, as authorized by section 3715.70 of the | 21 |
| Revised Code; | 22 |
| (7) The giving of a guaranty or undertaking that is false, | 23 |
| except by a person who relied on a guaranty or undertaking to the | 24 |
| same effect signed by, and containing the name and address of the | 25 |
| person residing in this state from whom the person received in | 26 |
| good faith the food, drug, device, or cosmetic; | 27 |
| (8) The removal or disposal of a detained or embargoed | 28 |
| article in violation of section 3715.55 or 3715.551 of the Revised | 29 |
| Code; | 30 |
| (9) The alteration, mutilation, destruction, obliteration, or | 31 |
| removal of the whole or any part of the labeling of, or the doing | 32 |
| of any other act with respect to a food, drug, device, or | 33 |
| cosmetic, if the act is done while the article is held for sale | 34 |
| and results in the article being misbranded; | 35 |
| (10) Forging, counterfeiting, simulating, or falsely | 36 |
| representing, or without proper authority using any mark, stamp, | 37 |
| tag, label, or other identification device authorized or required | 38 |
| by rules adopted pursuant to sections 3715.52 to 3715.72 of the | 39 |
| Revised Code; | 40 |
| (11) The using, on the labeling of any drug or in any | 41 |
| advertisement relating to a drug, of any representation or | 42 |
| suggestion that any application with respect to the drug is | 43 |
| effective under section 3715.65 of the Revised Code or that the | 44 |
| drug complies with the provisions of that section; | 45 |
| (12) The using by any person to the person's own advantage, | 46 |
| or revealing, other than to the director of agriculture or to the | 47 |
| courts when relevant in any judicial proceeding under sections | 48 |
| 3715.52 to 3715.72 of the Revised Code, any information acquired | 49 |
| under authority of sections 3715.01 and 3715.52 to 3715.72 of the | 50 |
| Revised Code, concerning any information that as a trade secret is | 51 |
| entitled to protection; | 52 |
| (13) The issuance by the manufacturer, packer, or distributor | 53 |
| of a dangerous drug of any advertisements, catalogues, or price | 54 |
| lists, except those lists specifically designed for disseminating | 55 |
| price change information, that do not contain in clearly legible | 56 |
| form the name and place of business of the manufacturer who mixed | 57 |
| the final ingredients and, if different, the manufacturer who | 58 |
| produced the drug in its finished dosage form and, if different, | 59 |
| the packer or distributor. | 60 |
| (B)(1) No person at a flea market shall sell, offer for sale, | 61 |
| or knowingly permit the sale of any of the following products: | 62 |
| (a) Baby food, infant formula, or similar products; | 63 |
| (b) Any drug, cosmetic, or device; | 64 |
| (c) Any product on which is printed or stamped an expiration | 65 |
| date or a date recommended by the manufacturer as either the last | 66 |
| day on which the product should be offered for sale or the last | 67 |
| day on which the product should be used. | 68 |
| (2) Division (B)(1) of this section does not apply to a | 69 |
| person who keeps available for public inspection an identification | 70 |
| card identifying the person as an authorized representative of the | 71 |
| manufacturer or distributor of any drug, cosmetic, or device, as | 72 |
| long as the card is not false, fraudulent, or fraudulently | 73 |
| obtained. | 74 |
| (3) Division (B)(1)(c) of this section does not apply to a | 75 |
| person or governmental entity that is licensed as a retail food | 76 |
| establishment or food service operation under Chapter 3717. of the | 77 |
| Revised Code or is listed in division (B)(9) or (12) of section | 78 |
| 3717.42 of the Revised Code. | 79 |
| (4) As used in division (B)(1) of this section, "flea market" | 80 |
| means any location, other than a permanent retail store, at which | 81 |
| space is rented or otherwise made available to others for the | 82 |
| conduct of business as transient vendors as defined in section | 83 |
| 5739.17 of the Revised Code. | 84 |
| (C)(1) No person shall recklessly sell or manufacture for | 85 |
| sale either of the following: | 86 |
| (a) Any food or beverage container that contains the chemical | 87 |
| bisphenol-A; | 88 |
| (b) Any item intended to be used in the mouth of a child | 89 |
| under three years old, including pacifiers and teethers. | 90 |
| (2) As used in this division, "food or beverage container" | 91 |
| means any container intended to hold food or drink for human | 92 |
| consumption, and includes both reusable and disposable containers. | 93 |
| Section 2. That existing section 3715.52 of the Revised Code | 94 |
| is hereby repealed. | 95 |