S. B. No. 372 As Introduced

As Introduced

129th General Assembly

Regular Session

2011-2012

S. B. No. 372

Senator Brown

Cosponsors: Senators Cafaro, Gentile, Kearney, Lehner, Sawyer, Skindell, Smith, Schiavoni, Tavares, Turner

A BILL

To amend sections 3313.813, 3715.52, 3717.22,

3717.42, and 5104.051 and to enact sections

3327.18 and 3717.60 of the Revised Code to require

school districts to allow alternative summer meal

sponsors to use school facilities to provide food

service for summer intervention services

regardless of financial reasons if at least half

of the students are federally eligible for free

lunches, to allow the distribution and consumption

of meals on a school bus, and to create a healthy

food license for child day-care centers and school

child programs.

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

Section 1. That sections 3313.813, 3715.52, 3717.22, 3717.42,	13
and 5104.051 be amended and sections 3327.18 and 3717.60 of the	14
Revised Code be enacted to read as follows:	15

Sec. 3313.813. (A) As used in this section:

(1) "Outdoor education center" means a public or nonprofit	17
private entity that provides to pupils enrolled in any public or	18
chartered nonpublic elementary or secondary school an outdoor	19
educational curriculum that the school considers to be part of its	20
educational program.	21

(2) "Outside-school-hours care center" has the meaning	22
established in 7 C.F.R. 226.2.	23

(B) The state board of education shall establish standards	24
for a school lunch program, school breakfast program, child and	25
adult care food program, special food service program for	26
children, summer food service program for children, special milk	27
program for children, food service equipment assistance program,	28
and commodity distribution program established under the "National	29
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	30
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42	31
U.S.C. 1771, as amended. Any board of education of a school	32
district, nonprofit private school, outdoor education center,	33
child care institution, outside-school-hours care center, or	34
summer camp desiring to participate in such a program or required	35
to participate under this section shall, if eligible to	36
participate under the "National School Lunch Act," as amended, or	37
the "Child Nutrition Act of 1966," as amended, make application to	38
the state board of education for assistance. The board shall	39
administer the allocation and distribution of all state and	40
federal funds for these programs.	41

(C) The state board of education shall require the board of	42
education of each school district to establish and maintain a	43
school breakfast, lunch, and summer food service program pursuant	44
to the "National School Lunch Act" and the "Child Nutrition Act of	45
1966," as described in divisions (C)(1) to (4) of this section.	46

(1) The state board shall require the board of education in	47
each school district to establish a breakfast program in every	48
school where at least one-fifth of the pupils in the school are	49
eligible under federal requirements for free breakfasts and to	50
establish a lunch program in every school where at least one-fifth	51
of the pupils are eligible for free lunches. The board of	52
education required to establish a breakfast program under this	53
division may make a charge in accordance with federal requirements	54
for each reduced price breakfast or paid breakfast to cover the	55
cost incurred in providing that meal.	56

(2) The state board shall require the board of education in	57
each school district to establish a breakfast program in every	58
school in which the parents of at least one-half of the children	59
enrolled in the school have requested that the breakfast program	60
be established. The board of education required to establish a	61
program under this division may make a charge in accordance with	62
federal requirements for each meal to cover all or part of the	63
costs incurred in establishing such a program.	64

(3) The state board shall require the board of education in	65
each school district to establish one of the following for summer	66
intervention services described in division (D) of section	67
3301.0711 and section 3313.608 of the Revised Code and any other	68
summer intervention program required by law:	69

(a) An extension of the school breakfast program pursuant to	70
the "National School Lunch Act" and the "Child Nutrition Act of	71
1966";	72

(b) An extension of the school lunch program pursuant to	73
those acts;	74

(4)(a) If the board of education of a school district	76
determines that, for financial reasons, it cannot comply with	77
division (C)(1) or (3) of this section, the district board may	78
choose not to comply with either or both divisions, except as	79
provided in ~~division~~divisions (C)(4)(b) and (c) of this section.	80
The district board publicly shall communicate to the residents of	81
the district, in the manner it determines appropriate, its	82
decision not to comply.	83

(b) If a district board chooses not to comply with division	84
(C)(1) of this section, the state board nevertheless shall require	85
the district board to establish a breakfast program in every	86
school where at least one-third of the pupils in the school are	87
eligible under federal requirements for free breakfasts and to	88
establish a lunch program in every school where at least one-third	89
of the pupils are eligible for free lunches. The district board	90
may make a charge in accordance with federal requirements for each	91
reduced price breakfast or paid breakfast to cover the cost	92
incurred in providing that meal.	93

(c) If the board of education of a school district chooses	94
not to comply with division (C)(3) of this section, the state	95
board nevertheless shall require the district board to permit an	96
alternative summer meal sponsor to use school facilities located	97
in a school building attendance area where at least one-half of	98
the pupils are eligible for free lunches.	99

The state board shall provide each district with a list of	100
approved alternative summer meal sponsors that may use school	101
facilities under this division.	102

Subject to the provisions of sections 3313.75 and 3313.77 of	103
the Revised Code, a school district may charge the summer meal	104
sponsor a reasonable fee for the use of school facilities that may	105
include the actual cost of custodial services and a prorated share	106
of the utility costs as determined by the district. A school	107
district also may require the summer meal sponsor to indemnify and	108
hold harmless the district from any potential liability resulting	109
from the operation of an alternative summer meal program under	110
this division.	111

(d) If a school district cannot for good cause comply with	112
the requirements of division (C)(2) or (4)(b) or (c) of this	113
section at the time the state board determines that a district is	114
subject to these requirements, the state board shall grant a	115
reasonable extension of time. Good cause for an extension of time	116
shall include, but need not be limited to, economic impossibility	117
of compliance with the requirements at the time the state board	118
determines that a district is subject to them.	119

(D)(1) The state board shall accept the application of any	120
outdoor education center in the state making application for	121
participation in a program pursuant to division (B) of this	122
section.	123

(2) For purposes of participation in any program pursuant to	124
this section, the board shall certify any outdoor education center	125
making application as an educational unit that is part of the	126
educational system of the state, if the center:	127

(a) Meets the definition of an outdoor education center;

128

(b) Provides its outdoor education curriculum to pupils on an	129
overnight basis so that pupils are in residence at the center for	130
more than twenty-four consecutive hours;	131

(c) Operates under public or nonprofit private ownership in a	132
single building or complex of buildings.	133

(3) The board shall approve any outdoor education center	134
certified under this division for participation in the program for	135
which the center is making application on the same basis as any	136
other applicant for that program.	137

(E) Any school district board of education or chartered	138
nonpublic school that participates in a breakfast program pursuant	139
to this section may offer breakfast to pupils in their classrooms	140
during the school day.	141

(F) Notwithstanding anything in this section to the contrary,	142
in each fiscal year in which the general assembly appropriates	143
funds for purposes of this division, the board of education of	144
each school district and each chartered nonpublic school that	145
participates in a breakfast program pursuant to this section shall	146
provide a breakfast free of charge to each pupil who is eligible	147
under federal requirements for a reduced price breakfast.	148

Sec. 3327.18. To the extent permitted by federal law, a	149
school district that elects to provide a summer food service	150
program under the "National School Lunch Act," 60 Stat. 230	151
(1946), 42 U.S.C. 1751, as amended, and the "Child Nutrition Act	152
of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, may do any of	153
the following:	154

(A) Use a school bus to transport children to summer meal	155
service sites;	156

(B) Use a school bus to transport meals to summer meal	157
service sites;	158

(C) Permit the serving and consumption of meals while	159
children are seated in the school bus, as long as the bus is	160
parked and not in motion and the district complies with section	161
3313.815 of the Revised Code.	162

Sec. 3715.52. (A) The following acts and causing them are	163
prohibited:	164

(1) The manufacture, sale, or delivery, holding or offering	165
for sale of any food, drug, device, or cosmetic that is	166
adulterated or misbranded;	167

(2) The adulteration or misbranding of any food, drug,	168
device, or cosmetic;	169

(3) The receipt in commerce of any food, drug, device, or	170
cosmetic that is adulterated or misbranded, and the delivery or	171
proffered delivery thereof for pay or otherwise;	172

(4) The sale, delivery for sale, holding for sale, or	173
offering for sale of any article in violation of section 3715.61	174
or 3715.65 of the Revised Code;	175

(5) The dissemination of any false advertisement;

176

(6) The refusal to permit entry or inspection, or to permit	177
the taking of a sample, as authorized by section 3715.70 of the	178
Revised Code;	179

(7) The giving of a guaranty or undertaking that is false,	180
except by a person who relied on a guaranty or undertaking to the	181
same effect signed by, and containing the name and address of the	182
person residing in this state from whom the person received in	183
good faith the food, drug, device, or cosmetic;	184

(8) The removal or disposal of a detained or embargoed	185
article in violation of section 3715.55 or 3715.551 of the Revised	186
Code;	187

(9) The alteration, mutilation, destruction, obliteration, or	188
removal of the whole or any part of the labeling of, or the doing	189
of any other act with respect to a food, drug, device, or	190
cosmetic, if the act is done while the article is held for sale	191
and results in the article being misbranded;	192

(10) Forging, counterfeiting, simulating, or falsely	193
representing, or without proper authority using any mark, stamp,	194
tag, label, or other identification device authorized or required	195
by rules adopted pursuant to sections 3715.52 to 3715.72 of the	196
Revised Code;	197

(11) The using, on the labeling of any drug or in any	198
advertisement relating to a drug, of any representation or	199
suggestion that any application with respect to the drug is	200
effective under section 3715.65 of the Revised Code or that the	201
drug complies with the provisions of that section;	202

(12) The using by any person to the person's own advantage,	203
or revealing, other than to the director of agriculture or to the	204
courts when relevant in any judicial proceeding under sections	205
3715.52 to 3715.72 of the Revised Code, any information acquired	206
under authority of sections 3715.01 and 3715.52 to 3715.72 of the	207
Revised Code, concerning any information that as a trade secret is	208
entitled to protection;	209

(13) The issuance by the manufacturer, packer, or distributor	210
of a dangerous drug of any advertisements, catalogues, or price	211
lists, except those lists specifically designed for disseminating	212
price change information, that do not contain in clearly legible	213
form the name and place of business of the manufacturer who mixed	214
the final ingredients and, if different, the manufacturer who	215
produced the drug in its finished dosage form and, if different,	216
the packer or distributor.	217

(B)(1) No person at a flea market shall sell, offer for sale,	218
or knowingly permit the sale of any of the following products:	219

(a) Baby food, infant formula, or similar products;

220

(b) Any drug, cosmetic, or device;

221

(c) Any product on which is printed or stamped an expiration	222
date or a date recommended by the manufacturer as either the last	223
day on which the product should be offered for sale or the last	224
day on which the product should be used.	225

(2) Division (B)(1) of this section does not apply to a	226
person who keeps available for public inspection an identification	227
card identifying the person as an authorized representative of the	228
manufacturer or distributor of any drug, cosmetic, or device, as	229
long as the card is not false, fraudulent, or fraudulently	230
obtained.	231

(3) Division (B)(1)(c) of this section does not apply to a	232
person or governmental entity that is licensed as a retail food	233
establishment or food service operation under Chapter 3717. of the	234
Revised Code or is listed in division (B)~~(9)~~(10) or ~~(12)~~(13) of	235
section 3717.42 of the Revised Code.	236

(4) As used in division (B)(1) of this section, "flea market"	237
means any location, other than a permanent retail store, at which	238
space is rented or otherwise made available to others for the	239
conduct of business as transient vendors as defined in section	240
5739.17 of the Revised Code.	241

Sec. 3717.22. (A) The following are not retail food	242
establishments:	243

(1) A food service operation licensed under this chapter,	244
including a food service operation that provides the services of a	245
retail food establishment pursuant to an endorsement issued under	246
section 3717.44 of the Revised Code;	247

(2) An entity exempt under divisions (B)(1) to ~~(9)~~(10) or	248
~~(11)~~(12) to ~~(13)~~(14) of section 3717.42 of the Revised Code from	249
the requirement to be licensed as a food service operation and an	250
entity exempt under division (B)~~(10)~~(11) of that section if the	251
entity is regulated by the department of agriculture as a food	252
processing establishment under section 3715.021 of the Revised	253
Code;	254

(3) A business or that portion of a business that is	255
regulated by the federal government or the department of	256
agriculture as a food manufacturing or food processing business,	257
including a business or that portion of a business regulated by	258
the department of agriculture under Chapter 911., 913., 915.,	259
917., 918., or 925. of the Revised Code.	260

(B) All of the following are exempt from the requirement to	261
be licensed as a retail food establishment:	262

(1) An establishment with commercially prepackaged foods that	263
are not potentially hazardous and contained in displays, the total	264
space of which equals less than two hundred cubic feet;	265

(2) A person at a farmers market that is registered with the	266
director of agriculture pursuant to section 3717.221 of the	267
Revised Code that offers for sale only one or more of the	268
following:	269

(a) Fresh unprocessed fruits or vegetables;

270

(b) Products of a cottage food production operation;

271

(c) Maple syrup, sorghum, or honey that is produced by a	272
maple syrup or sorghum producer or beekeeper described in division	273
(A) of section 3715.021 of the Revised Code;	274

(d) Commercially prepackaged food that is not potentially	275
hazardous, on the condition that the food is contained in	276
displays, the total space of which equals less than one hundred	277
cubic feet on the premises where the person conducts business at	278
the farmers market.	279

(3) A person who offers for sale at a roadside stand only	280
fresh fruits and fresh vegetables that are unprocessed;	281

(4) A nonprofit organization exempt from federal income	282
taxation under section 501(c)(3) of the "Internal Revenue Code of	283
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises	284
funds by selling foods and that, if required to be licensed, would	285
be classified as risk level one in accordance with rules	286
establishing licensing categories for retail food establishments	287
adopted under section 3717.33 of the Revised Code, if the sales	288
occur inside a building and are for not more than seven	289
consecutive days or more than fifty-two separate days during a	290
licensing period. This exemption extends to any individual or	291
group raising all of its funds during the time periods specified	292
in division (B)(4) of this section for the benefit of the	293
nonprofit organization by selling foods under the same conditions.	294

(5) An establishment that offers food contained in displays	295
of less than five hundred square feet, and if required to be	296
licensed would be classified as risk level one pursuant to rules	297
establishing licensing categories for retail food establishments	298
adopted under section 3717.33 of the Revised Code, on the	299
condition that the establishment offers the food for sale at	300
retail not more than six months in each calendar year;	301

(6) A cottage food production operation, on the condition	302
that the operation offers its products directly to the consumer	303
from the site where the products are produced;	304

(7) A maple syrup and sorghum processor and beekeeper	305
described in division (A) of section 3715.021 of the Revised Code,	306
on the condition that the processor or beekeeper offers only maple	307
syrup, sorghum, or honey directly to the consumer from the site	308
where those products are processed;	309

(8) A person who annually maintains five hundred or fewer	310
birds, on the condition that the person offers the eggs from those	311
birds directly to the consumer from the location where the eggs	312
are produced or at a farm product auction to which division	313
(B)(11) of this section applies;	314

(9) A person who annually raises and slaughters one thousand	315
or fewer chickens, on the condition that the person offers dressed	316
chickens directly to the consumer from the location where the	317
chickens are raised and slaughtered or at a farm product auction	318
to which division (B)(11) of this section applies;	319

(10) A person who raises, slaughters, and processes the meat	320
of nonamenable species described in divisions (A) and (B) of	321
section 918.12 of the Revised Code, on the condition that the	322
person offers the meat directly to the consumer from the location	323
where the meat is processed or at a farm product auction to which	324
division (B)(11) of this section applies;	325

(11) A farm product auction, on the condition that it is	326
registered with the director pursuant to section 3717.221 of the	327
Revised Code that offers for sale at the farm product auction only	328
one or more of the following:	329

(a) The products described in divisions (B)(8) to (10) of	330
this section that are produced, raised, slaughtered, or processed,	331
as appropriate, by persons described in divisions (B)(8) to (10)	332
of this section;	333

(b) Fresh unprocessed fruits or vegetables;

334

335

(d) Maple syrup, sorghum, or honey that is produced by a	336
maple syrup or sorghum producer or beekeeper described in division	337
(A) of section 3715.021 of the Revised Code.	338

(12) An establishment that, with respect to offering food for	339
sale, offers only alcoholic beverages or prepackaged beverages	340
that are not potentially hazardous;	341

(13) An establishment that, with respect to offering food for	342
sale, offers only alcoholic beverages, prepackaged beverages that	343
are not potentially hazardous, or commercially prepackaged food	344
that is not potentially hazardous, on the condition that the	345
commercially prepackaged food is contained in displays, the total	346
space of which equals less than two hundred cubic feet on the	347
premises of the establishment;	348

(14) An establishment that, with respect to offering food for	349
sale, offers only fountain beverages that are not potentially	350
hazardous;	351

(15) A person who offers for sale only one or more of the	352
following foods at a festival or celebration, on the condition	353
that the festival or celebration is organized by a political	354
subdivision of the state and lasts for a period not longer than	355
seven consecutive days:	356

(a) Fresh unprocessed fruits or vegetables;

357

(b) Products of a cottage food production operation;

358

(c) Maple syrup, sorghum, or honey if produced by a maple	359
syrup or sorghum processor or beekeeper as described in division	360
(A) of section 3715.021 of the Revised Code;	361

(d) Commercially prepackaged food that is not potentially	362
hazardous, on the condition that the food is contained in	363
displays, the total space of which equals less than one hundred	364
cubic feet;	365

(e) Fruit butter produced at the festival or celebration and	366
sold from the production site.	367

(16) A farm market on the condition that it is registered	368
with the director pursuant to section 3717.221 of the Revised Code	369
that offers for sale at the farm market only one or more of the	370
following:	371

(a) Fresh unprocessed fruits or vegetables;

372

(b) Products of a cottage food production operation;

373

(c) Maple syrup, sorghum, or honey that is produced by a	374
maple syrup or sorghum producer or beekeeper described in division	375
(A) of section 3715.021 of the Revised Code;	376

(d) Commercially prepackaged food that is not potentially	377
hazardous, on the condition that the food is contained in	378
displays, the total space of which equals less than one hundred	379
cubic feet on the premises where the person conducts business at	380
the farm market;	381

(e) Cider and other juices manufactured on site at the farm	382
market;	383

(f) The products or items described in divisions (B)(8) to	384
(10) of this section, on the condition that those products or	385
items were produced by the person offering to sell them, and	386
further conditioned that, with respect to eggs offered, the person	387
offering to sell them annually maintains five hundred or fewer	388
birds, and with respect to dressed chickens offered, the person	389
annually raises and slaughters one thousand or fewer chickens.	390

Sec. 3717.42. (A) The following are not food service	391
operations:	392

(1) A retail food establishment licensed under this chapter,	393
including a retail food establishment that provides the services	394
of a food service operation pursuant to an endorsement issued	395
under section 3717.24 of the Revised Code;	396

(2) An entity exempt from the requirement to be licensed as a	397
retail food establishment under division (B) of section 3717.22 of	398
the Revised Code;	399

(3) A business or that portion of a business that is	400
regulated by the federal government or the department of	401
agriculture as a food manufacturing or food processing business,	402
including a business or that portion of a business regulated by	403
the department of agriculture under Chapter 911., 913., 915.,	404
917., 918., or 925. of the Revised Code.	405

(B) All of the following are exempt from the requirement to	406
be licensed as a food service operation:	407

(1) A private home in which individuals related by blood,	408
marriage, or law reside and in which the food that is prepared or	409
served is intended only for those individuals and their nonpaying	410
guests;	411

(2) A private home operated as a bed-and-breakfast that	412
prepares and offers food to guests, if the home is owner-occupied,	413
the number of available guest bedrooms does not exceed six,	414
breakfast is the only meal offered, and the number of guests	415
served does not exceed sixteen;	416

(3) A stand operated on the premises of a private home by one	417
or more children under the age of twelve, if the food served is	418
not potentially hazardous;	419

(4) A residential facility that accommodates not more than	420
sixteen residents; is licensed, certified, registered, or	421
otherwise regulated by the federal government or by the state or a	422
political subdivision of the state; and prepares food for or	423
serves food to only the residents of the facility, the staff of	424
the facility, and any nonpaying guests of residents or staff;	425

(5) A church, school, fraternal or veterans' organization,	426
volunteer fire organization, or volunteer emergency medical	427
service organization preparing or serving food intended for	428
individual portion service on its premises for not more than seven	429
consecutive days or not more than fifty-two separate days during a	430
licensing period. This exemption extends to any individual or	431
group raising all of its funds during the time periods specified	432
in division (B)(5) of this section for the benefit of the church,	433
school, or organization by preparing or serving food intended for	434
individual portion service under the same conditions.	435

(6) A common carrier that prepares or serves food, if the	436
carrier is regulated by the federal government;	437

(7) A food service operation serving thirteen or fewer	438
individuals daily;	439

(8) A type A or type B family day-care home, as defined in	440
section 5104.01 of the Revised Code, that prepares or serves food	441
for the children receiving day-care;	442

(9) A child day-care center or school child program that	443
holds a healthy food license issued under section 3717.60 of the	444
Revised Code and prepares or serves food, as authorized by the	445
license, for the children in the center's or program's care;	446

(10) A vending machine location where the only foods	447
dispensed are foods from one or both of the following categories:	448

(a) Prepackaged foods that are not potentially hazardous;

449

(b) Nuts, panned or wrapped bulk chewing gum, or panned or	450
wrapped bulk candies.	451

~~(10)~~(11) A place servicing the vending machines at a vending	452
machine location described in division (B)(9) of this section;	453

~~(11)~~(12) A commissary servicing vending machines that	454
dispense only milk, milk products, or frozen desserts that are	455
under a state or federal inspection and analysis program;	456

~~(12)~~(13) A "controlled location vending machine location,"	457
which means a vending machine location at which all of the	458
following apply:	459

(a) The vending machines dispense only foods that are not	460
potentially hazardous;	461

(b) The machines are designed to be filled and maintained in	462
a sanitary manner by untrained persons;	463

(c) Minimal protection is necessary to ensure against	464
contamination of food and equipment.	465

~~(13)~~(14) A private home that prepares and offers food to	466
guests, if the home is owner-occupied, meals are served on the	467
premises of that home, the number of meals served does not exceed	468
one hundred fifteen per week, and the home displays a notice in a	469
place conspicuous to all of its guests informing them that the	470
home is not required to be licensed as a food service operation;	471

~~(14)~~(15) An individual who prepares full meals or meal	472
components, such as pies or baked goods, in the individual's home	473
to be served off the premises of that home, if the number of meals	474
or meal components prepared for that purpose does not exceed	475
twenty in a seven-day period.	476

Sec. 3717.60. (A) As used in this section:

477

(1) "Child day-care center" has the same meaning as in	478
section 5104.01 of the Revised Code.	479

(2) "Healthy food license" means a license that authorizes a	480
child day-care center or school child program to receive, serve,	481
and store any of the following for the children in the center's or	482
program's care:	483

(a) Fruit;

484

(b) Vegetables;

485

(c) Single-serving dairy products, if included in the	486
licensing category applicable to the license held by the center or	487
program.	488

(3) "School child program" has the same meaning as in section	489
3301.52 of the Revised Code.	490

(B) A child day-care center or school child program seeking a	491
healthy food license or renewal of a license shall apply to the	492
entity specified in rules adopted under this section on a form	493
provided by the entity. The entity shall issue or renew a license	494
if the applicant meets the requirements established in rules	495
adopted under this section.	496

A healthy food license remains valid until scheduled to	497
expire unless earlier suspended or revoked pursuant to rules	498
adopted under this section.	499

(C) A child day-care center or school child program holding a	500
healthy food license shall comply with the standards and	501
procedures established in rules adopted under this section.	502

(D) The director of health shall adopt rules governing	503
healthy food licenses. The rules shall be adopted in accordance	504
with Chapter 119. of the Revised Code. The rules shall include all	505
of the following:	506

(1) Standards and procedures for applying for a license or	507
renewal of a license, including the length of the license;	508

(2) The amount of the fees to be charged for issuing and	509
renewing licenses;	510

(3) Procedures for selecting a local entity to enforce this	511
section;	512

(4) Standards and procedures for reviewing and approving	513
applications for licenses;	514

(5) Standards and procedures for conducting inspections of	515
the child day-care centers and school child programs holding	516
healthy food licenses, including a schedule of frequency for	517
conducting the inspections;	518

(6) Standards and procedures for conducting investigations of	519
complaints pertaining to centers and programs holding healthy food	520
licenses;	521

(7) Specification of the fruits, vegetables, and, if	522
applicable, single-serving dairy products that may be received,	523
stored, and served by the center or program holding a health food	524
license;	525

(8) Specifications regarding the manner in which a child	526
day-care center or school child program may receive, serve, and	527
store fruit, vegetables, and single-serving dairy products, except	528
that the specifications shall not be the same as or more	529
restrictive than the specifications for food service operations	530
governed under this chapter;	531

(9) Licensing categories that apply to healthy food licenses	532
and requirements for each category based on whether the license	533
authorizes the holder to receive, serve, and store fruit and	534
vegetables only or authorizes the holder to receive, serve, and	535
store single-serving dairy products in addition to fruit and	536
vegetables;	537

(10) Standards and procedures for suspending or revoking a	538
license;	539

(11) Any other matter the director considers relevant to the	540
administration and enforcement of the provisions of this section.	541

Sec. 5104.051. (A)(1) The department of commerce is	542
responsible for the inspections of child day-care centers as	543
required by division (A)(1) of section 5104.05 of the Revised	544
Code. Where there is a municipal, township, or county building	545
department certified under section 3781.10 of the Revised Code to	546
exercise enforcement authority with respect to the category of	547
building occupancy which includes day-care centers, all	548
inspections required under division (A)(1) of section 5104.05 of	549
the Revised Code shall be made by that department according to the	550
standards established by the board of building standards.	551
Inspections in areas of the state where there is no municipal,	552
township, or county building department certified under section	553
3781.10 of the Revised Code to exercise enforcement authority with	554
respect to the category of building occupancy which includes	555
day-care centers shall be made by personnel of the department of	556
commerce. Inspections of centers shall be contingent upon payment	557
of a fee by the applicant to the department having jurisdiction to	558
inspect.	559

(2) The department of commerce is responsible for the	560
inspections of type A family day-care homes as required by	561
division (B)(3) of section 5104.05 of the Revised Code. Where	562
there is a municipal, township, or county building department	563
certified under section 3781.10 of the Revised Code to exercise	564
enforcement authority with respect to the category of building	565
occupancy which includes type A homes, all inspections required	566
under division (B)(3) of section 5104.05 of the Revised Code shall	567
be made by that department according to the standards established	568
by the board of building standards. Inspections in areas of the	569
state where there is no municipal, township, or county building	570
department certified under section 3781.10 of the Revised Code to	571
exercise enforcement authority with respect to the category of	572
building occupancy which includes type A homes shall be made by	573
personnel of the department of commerce. Inspections of type A	574
homes shall be contingent upon payment of a fee by the applicant	575
to the department having jurisdiction to inspect.	576

(B) The state fire marshal is responsible for the inspections	577
required by divisions (A)(2) and (B)(1) of section 5104.05 of the	578
Revised Code. In municipal corporations and in townships outside	579
municipal corporations where there is a fire prevention official,	580
the inspections shall be made by the fire chief or the fire	581
prevention official under the supervision of and according to the	582
standards established by the state fire marshal. In townships	583
outside municipal corporations where there is no fire prevention	584
official, inspections shall be made by the employees of the state	585
fire marshal.	586

(C) The state fire marshal shall enforce all statutes and	587
rules pertaining to fire safety and fire prevention in child	588
day-care centers and type A family day-care homes. In the event of	589
a dispute between the state fire marshal and any other responsible	590
officer under sections 5104.05 and 5104.051 of the Revised Code	591
with respect to the interpretation or application of a specific	592
fire safety statute or rule, the interpretation of the state fire	593
marshal shall prevail.	594

(D) As used in this division, "licensor" has the same meaning	595
as in section 3717.01 of the Revised Code.	596

~~The~~Except as provided in division (E) of this section, the	597
licensor for food service operations in the city or general health	598
district in which the center is located is responsible for the	599
inspections required ~~under~~by Chapter 3717. of the Revised Code.	600

(E) The entity specified in rules adopted by the director of	601
health under section 3717.60 of the Revised Code is responsible	602
for inspections required by that section.	603

(F) Any moneys collected by the department of commerce under	604
this section shall be paid into the state treasury to the credit	605
of the industrial compliance operating fund created in section	606
121.084 of the Revised Code.	607

Section 2. That existing sections 3313.813, 3715.52, 3717.22,	608
3717.42, and 5104.051 of the Revised Code are hereby repealed.	609