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| To amend sections 3313.813, 3715.52, 3717.22, | 1 |
| 3717.42, and 5104.051 and to enact sections | 2 |
| 3327.18 and 3717.60 of the Revised Code to require | 3 |
| school districts to allow alternative summer meal | 4 |
| sponsors to use school facilities to provide food | 5 |
| service for summer intervention services under | 6 |
| certain conditions, to allow the distribution and | 7 |
| consumption of meals on a school bus, and to | 8 |
| create a healthy food license for child day-care | 9 |
| centers and school child programs. | 10 |
| Section 1. That sections 3313.813, 3715.52, 3717.22, 3717.42, | 11 |
| and 5104.051 be amended and sections 3327.18 and 3717.60 of the | 12 |
| Revised Code be enacted to read as follows: | 13 |
| Sec. 3313.813. (A) As used in this section: | 14 |
| (1) "Outdoor education center" means a public or nonprofit | 15 |
| private entity that provides to pupils enrolled in any public or | 16 |
| chartered nonpublic elementary or secondary school an outdoor | 17 |
| educational curriculum that the school considers to be part of its | 18 |
| educational program. | 19 |
| (2) "Outside-school-hours care center" has the meaning | 20 |
| established in 7 C.F.R. 226.2. | 21 |
| (B) The state board of education shall establish standards | 22 |
| for a school lunch program, school breakfast program, child and | 23 |
| adult care food program, special food service program for | 24 |
| children, summer food service program for children, special milk | 25 |
| program for children, food service equipment assistance program, | 26 |
| and commodity distribution program established under the "National | 27 |
| School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as | 28 |
| amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 | 29 |
| U.S.C. 1771, as amended. Any board of education of a school | 30 |
| district, nonprofit private school, outdoor education center, | 31 |
| child care institution, outside-school-hours care center, or | 32 |
| summer camp desiring to participate in such a program or required | 33 |
| to participate under this section shall, if eligible to | 34 |
| participate under the "National School Lunch Act," as amended, or | 35 |
| the "Child Nutrition Act of 1966," as amended, make application to | 36 |
| the state board of education for assistance. The board shall | 37 |
| administer the allocation and distribution of all state and | 38 |
| federal funds for these programs. | 39 |
| (C) The state board of education shall require the board of | 40 |
| education of each school district to establish and maintain a | 41 |
| school breakfast, lunch, and summer food service program pursuant | 42 |
| to the "National School Lunch Act" and the "Child Nutrition Act of | 43 |
| 1966," as described in divisions (C)(1) to (4) of this section. | 44 |
| (1) The state board shall require the board of education in | 45 |
| each school district to establish a breakfast program in every | 46 |
| school where at least one-fifth of the pupils in the school are | 47 |
| eligible under federal requirements for free breakfasts and to | 48 |
| establish a lunch program in every school where at least one-fifth | 49 |
| of the pupils are eligible for free lunches. The board of | 50 |
| education required to establish a breakfast program under this | 51 |
| division may make a charge in accordance with federal requirements | 52 |
| for each reduced price breakfast or paid breakfast to cover the | 53 |
| cost incurred in providing that meal. | 54 |
| (2) The state board shall require the board of education in | 55 |
| each school district to establish a breakfast program in every | 56 |
| school in which the parents of at least one-half of the children | 57 |
| enrolled in the school have requested that the breakfast program | 58 |
| be established. The board of education required to establish a | 59 |
| program under this division may make a charge in accordance with | 60 |
| federal requirements for each meal to cover all or part of the | 61 |
| costs incurred in establishing such a program. | 62 |
| (3) The state board shall require the board of education in | 63 |
| each school district to establish one of the following for summer | 64 |
| intervention services described in division (D) of section | 65 |
| 3301.0711 or provided under section 3313.608 of the Revised Code, | 66 |
| and any other summer intervention program required by law: | 67 |
| (a) An extension of the school breakfast program pursuant to | 68 |
| the "National School Lunch Act" and the "Child Nutrition Act of | 69 |
| 1966"; | 70 |
| (b) An extension of the school lunch program pursuant to | 71 |
| those acts; | 72 |
| (c) A summer food service program pursuant to those acts. | 73 |
| (4)(a) If the board of education of a school district | 74 |
| determines that, for financial reasons, it cannot comply with | 75 |
| division (C)(1) or (3) of this section, the district board may | 76 |
| choose not to comply with either or both divisions, except as | 77 |
|
provided in | 78 |
| The district board publicly shall communicate to the residents of | 79 |
| the district, in the manner it determines appropriate, its | 80 |
| decision not to comply. | 81 |
| (b) If a district board chooses not to comply with division | 82 |
| (C)(1) of this section, the state board nevertheless shall require | 83 |
| the district board to establish a breakfast program in every | 84 |
| school where at least one-third of the pupils in the school are | 85 |
| eligible under federal requirements for free breakfasts and to | 86 |
| establish a lunch program in every school where at least one-third | 87 |
| of the pupils are eligible for free lunches. The district board | 88 |
| may make a charge in accordance with federal requirements for each | 89 |
| reduced price breakfast or paid breakfast to cover the cost | 90 |
| incurred in providing that meal. | 91 |
| (c) If the board of education of a school district chooses | 92 |
| not to comply with division (C)(3) of this section, the state | 93 |
| board nevertheless shall require the district board to permit an | 94 |
| alternative summer meal sponsor to use school facilities located | 95 |
| in a school building attendance area where at least one-half of | 96 |
| the pupils are eligible for free lunches. | 97 |
| The state board shall provide each district with a list of | 98 |
| approved alternative summer meal sponsors that may use school | 99 |
| facilities under this division. | 100 |
| Subject to the provisions of sections 3313.75 and 3313.77 of | 101 |
| the Revised Code, a school district may charge the summer meal | 102 |
| sponsor a reasonable fee for the use of school facilities that may | 103 |
| include the actual cost of custodial services and a prorated share | 104 |
| of the utility costs as determined by the district. A school | 105 |
| district also may require the summer meal sponsor to indemnify and | 106 |
| hold harmless the district from any potential liability resulting | 107 |
| from the operation of an alternative summer meal program under | 108 |
| this division. | 109 |
| (d) If a school district cannot for good cause comply with | 110 |
| the requirements of division (C)(2) or (4)(b) or (c) of this | 111 |
| section at the time the state board determines that a district is | 112 |
| subject to these requirements, the state board shall grant a | 113 |
| reasonable extension of time. Good cause for an extension of time | 114 |
| shall include, but need not be limited to, economic impossibility | 115 |
| of compliance with the requirements at the time the state board | 116 |
| determines that a district is subject to them. | 117 |
| (D)(1) The state board shall accept the application of any | 118 |
| outdoor education center in the state making application for | 119 |
| participation in a program pursuant to division (B) of this | 120 |
| section. | 121 |
| (2) For purposes of participation in any program pursuant to | 122 |
| this section, the board shall certify any outdoor education center | 123 |
| making application as an educational unit that is part of the | 124 |
| educational system of the state, if the center: | 125 |
| (a) Meets the definition of an outdoor education center; | 126 |
| (b) Provides its outdoor education curriculum to pupils on an | 127 |
| overnight basis so that pupils are in residence at the center for | 128 |
| more than twenty-four consecutive hours; | 129 |
| (c) Operates under public or nonprofit private ownership in a | 130 |
| single building or complex of buildings. | 131 |
| (3) The board shall approve any outdoor education center | 132 |
| certified under this division for participation in the program for | 133 |
| which the center is making application on the same basis as any | 134 |
| other applicant for that program. | 135 |
| (E) Any school district board of education or chartered | 136 |
| nonpublic school that participates in a breakfast program pursuant | 137 |
| to this section may offer breakfast to pupils in their classrooms | 138 |
| during the school day. | 139 |
| (F) Notwithstanding anything in this section to the contrary, | 140 |
| in each fiscal year in which the general assembly appropriates | 141 |
| funds for purposes of this division, the board of education of | 142 |
| each school district and each chartered nonpublic school that | 143 |
| participates in a breakfast program pursuant to this section shall | 144 |
| provide a breakfast free of charge to each pupil who is eligible | 145 |
| under federal requirements for a reduced price breakfast. | 146 |
| Sec. 3327.18. To the extent permitted by federal law, a | 147 |
| school district that elects to provide a summer food service | 148 |
| program under the "National School Lunch Act," 60 Stat. 230 | 149 |
| (1946), 42 U.S.C. 1751, as amended, and the "Child Nutrition Act | 150 |
| of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, may do any of | 151 |
| the following: | 152 |
| (A) Use a school bus to transport children to summer meal | 153 |
| service sites; | 154 |
| (B) Use a school bus to transport meals to summer meal | 155 |
| service sites; | 156 |
| (C) Permit the serving and consumption of meals while | 157 |
| children are seated in the school bus, as long as the bus is | 158 |
| parked and not in motion and the district complies with section | 159 |
| 3313.815 of the Revised Code. | 160 |
| Sec. 3715.52. (A) The following acts and causing them are | 161 |
| prohibited: | 162 |
| (1) The manufacture, sale, or delivery, holding or offering | 163 |
| for sale of any food, drug, device, or cosmetic that is | 164 |
| adulterated or misbranded; | 165 |
| (2) The adulteration or misbranding of any food, drug, | 166 |
| device, or cosmetic; | 167 |
| (3) The receipt in commerce of any food, drug, device, or | 168 |
| cosmetic that is adulterated or misbranded, and the delivery or | 169 |
| proffered delivery thereof for pay or otherwise; | 170 |
| (4) The sale, delivery for sale, holding for sale, or | 171 |
| offering for sale of any article in violation of section 3715.61 | 172 |
| or 3715.65 of the Revised Code; | 173 |
| (5) The dissemination of any false advertisement; | 174 |
| (6) The refusal to permit entry or inspection, or to permit | 175 |
| the taking of a sample, as authorized by section 3715.70 of the | 176 |
| Revised Code; | 177 |
| (7) The giving of a guaranty or undertaking that is false, | 178 |
| except by a person who relied on a guaranty or undertaking to the | 179 |
| same effect signed by, and containing the name and address of the | 180 |
| person residing in this state from whom the person received in | 181 |
| good faith the food, drug, device, or cosmetic; | 182 |
| (8) The removal or disposal of a detained or embargoed | 183 |
| article in violation of section 3715.55 or 3715.551 of the Revised | 184 |
| Code; | 185 |
| (9) The alteration, mutilation, destruction, obliteration, or | 186 |
| removal of the whole or any part of the labeling of, or the doing | 187 |
| of any other act with respect to a food, drug, device, or | 188 |
| cosmetic, if the act is done while the article is held for sale | 189 |
| and results in the article being misbranded; | 190 |
| (10) Forging, counterfeiting, simulating, or falsely | 191 |
| representing, or without proper authority using any mark, stamp, | 192 |
| tag, label, or other identification device authorized or required | 193 |
| by rules adopted pursuant to sections 3715.52 to 3715.72 of the | 194 |
| Revised Code; | 195 |
| (11) The using, on the labeling of any drug or in any | 196 |
| advertisement relating to a drug, of any representation or | 197 |
| suggestion that any application with respect to the drug is | 198 |
| effective under section 3715.65 of the Revised Code or that the | 199 |
| drug complies with the provisions of that section; | 200 |
| (12) The using by any person to the person's own advantage, | 201 |
| or revealing, other than to the director of agriculture or to the | 202 |
| courts when relevant in any judicial proceeding under sections | 203 |
| 3715.52 to 3715.72 of the Revised Code, any information acquired | 204 |
| under authority of sections 3715.01 and 3715.52 to 3715.72 of the | 205 |
| Revised Code, concerning any information that as a trade secret is | 206 |
| entitled to protection; | 207 |
| (13) The issuance by the manufacturer, packer, or distributor | 208 |
| of a dangerous drug of any advertisements, catalogues, or price | 209 |
| lists, except those lists specifically designed for disseminating | 210 |
| price change information, that do not contain in clearly legible | 211 |
| form the name and place of business of the manufacturer who mixed | 212 |
| the final ingredients and, if different, the manufacturer who | 213 |
| produced the drug in its finished dosage form and, if different, | 214 |
| the packer or distributor. | 215 |
| (B)(1) No person at a flea market shall sell, offer for sale, | 216 |
| or knowingly permit the sale of any of the following products: | 217 |
| (a) Baby food, infant formula, or similar products; | 218 |
| (b) Any drug, cosmetic, or device; | 219 |
| (c) Any product on which is printed or stamped an expiration | 220 |
| date or a date recommended by the manufacturer as either the last | 221 |
| day on which the product should be offered for sale or the last | 222 |
| day on which the product should be used. | 223 |
| (2) Division (B)(1) of this section does not apply to a | 224 |
| person who keeps available for public inspection an identification | 225 |
| card identifying the person as an authorized representative of the | 226 |
| manufacturer or distributor of any drug, cosmetic, or device, as | 227 |
| long as the card is not false, fraudulent, or fraudulently | 228 |
| obtained. | 229 |
| (3) Division (B)(1)(c) of this section does not apply to a | 230 |
| person or governmental entity that is licensed as a retail food | 231 |
| establishment or food service operation under Chapter 3717. of the | 232 |
|
Revised Code or is listed in division (B) | 233 |
| section 3717.42 of the Revised Code. | 234 |
| (4) As used in division (B)(1) of this section, "flea market" | 235 |
| means any location, other than a permanent retail store, at which | 236 |
| space is rented or otherwise made available to others for the | 237 |
| conduct of business as transient vendors as defined in section | 238 |
| 5739.17 of the Revised Code. | 239 |
| Sec. 3717.22. (A) The following are not retail food | 240 |
| establishments: | 241 |
| (1) A food service operation licensed under this chapter, | 242 |
| including a food service operation that provides the services of a | 243 |
| retail food establishment pursuant to an endorsement issued under | 244 |
| section 3717.44 of the Revised Code; | 245 |
| (2) An entity exempt under divisions (B)(1) to | 246 |
| 247 | |
| the requirement to be licensed as a food service operation and an | 248 |
|
entity exempt under division (B) | 249 |
| entity is regulated by the department of agriculture as a food | 250 |
| processing establishment under section 3715.021 of the Revised | 251 |
| Code; | 252 |
| (3) A business or that portion of a business that is | 253 |
| regulated by the federal government or the department of | 254 |
| agriculture as a food manufacturing or food processing business, | 255 |
| including a business or that portion of a business regulated by | 256 |
| the department of agriculture under Chapter 911., 913., 915., | 257 |
| 917., 918., or 925. of the Revised Code. | 258 |
| (B) All of the following are exempt from the requirement to | 259 |
| be licensed as a retail food establishment: | 260 |
| (1) An establishment with commercially prepackaged foods that | 261 |
| are not potentially hazardous and contained in displays, the total | 262 |
| space of which equals less than two hundred cubic feet; | 263 |
| (2) A person at a farmers market that is registered with the | 264 |
| director of agriculture pursuant to section 3717.221 of the | 265 |
| Revised Code that offers for sale only one or more of the | 266 |
| following: | 267 |
| (a) Fresh unprocessed fruits or vegetables; | 268 |
| (b) Products of a cottage food production operation; | 269 |
| (c) Maple syrup, sorghum, or honey that is produced by a | 270 |
| maple syrup or sorghum producer or beekeeper described in division | 271 |
| (A) of section 3715.021 of the Revised Code; | 272 |
| (d) Commercially prepackaged food that is not potentially | 273 |
| hazardous, on the condition that the food is contained in | 274 |
| displays, the total space of which equals less than one hundred | 275 |
| cubic feet on the premises where the person conducts business at | 276 |
| the farmers market. | 277 |
| (3) A person who offers for sale at a roadside stand only | 278 |
| fresh fruits and fresh vegetables that are unprocessed; | 279 |
| (4) A nonprofit organization exempt from federal income | 280 |
| taxation under section 501(c)(3) of the "Internal Revenue Code of | 281 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises | 282 |
| funds by selling foods and that, if required to be licensed, would | 283 |
| be classified as risk level one in accordance with rules | 284 |
| establishing licensing categories for retail food establishments | 285 |
| adopted under section 3717.33 of the Revised Code, if the sales | 286 |
| occur inside a building and are for not more than seven | 287 |
| consecutive days or more than fifty-two separate days during a | 288 |
| licensing period. This exemption extends to any individual or | 289 |
| group raising all of its funds during the time periods specified | 290 |
| in division (B)(4) of this section for the benefit of the | 291 |
| nonprofit organization by selling foods under the same conditions. | 292 |
| (5) An establishment that offers food contained in displays | 293 |
| of less than five hundred square feet, and if required to be | 294 |
| licensed would be classified as risk level one pursuant to rules | 295 |
| establishing licensing categories for retail food establishments | 296 |
| adopted under section 3717.33 of the Revised Code, on the | 297 |
| condition that the establishment offers the food for sale at | 298 |
| retail not more than six months in each calendar year; | 299 |
| (6) A cottage food production operation, on the condition | 300 |
| that the operation offers its products directly to the consumer | 301 |
| from the site where the products are produced; | 302 |
| (7) A maple syrup and sorghum processor and beekeeper | 303 |
| described in division (A) of section 3715.021 of the Revised Code, | 304 |
| on the condition that the processor or beekeeper offers only maple | 305 |
| syrup, sorghum, or honey directly to the consumer from the site | 306 |
| where those products are processed; | 307 |
| (8) A person who annually maintains five hundred or fewer | 308 |
| birds, on the condition that the person offers the eggs from those | 309 |
| birds directly to the consumer from the location where the eggs | 310 |
| are produced or at a farm product auction to which division | 311 |
| (B)(11) of this section applies; | 312 |
| (9) A person who annually raises and slaughters one thousand | 313 |
| or fewer chickens, on the condition that the person offers dressed | 314 |
| chickens directly to the consumer from the location where the | 315 |
| chickens are raised and slaughtered or at a farm product auction | 316 |
| to which division (B)(11) of this section applies; | 317 |
| (10) A person who raises, slaughters, and processes the meat | 318 |
| of nonamenable species described in divisions (A) and (B) of | 319 |
| section 918.12 of the Revised Code, on the condition that the | 320 |
| person offers the meat directly to the consumer from the location | 321 |
| where the meat is processed or at a farm product auction to which | 322 |
| division (B)(11) of this section applies; | 323 |
| (11) A farm product auction, on the condition that it is | 324 |
| registered with the director pursuant to section 3717.221 of the | 325 |
| Revised Code that offers for sale at the farm product auction only | 326 |
| one or more of the following: | 327 |
| (a) The products described in divisions (B)(8) to (10) of | 328 |
| this section that are produced, raised, slaughtered, or processed, | 329 |
| as appropriate, by persons described in divisions (B)(8) to (10) | 330 |
| of this section; | 331 |
| (b) Fresh unprocessed fruits or vegetables; | 332 |
| (c) Products of a cottage food production operation; | 333 |
| (d) Maple syrup, sorghum, or honey that is produced by a | 334 |
| maple syrup or sorghum producer or beekeeper described in division | 335 |
| (A) of section 3715.021 of the Revised Code. | 336 |
| (12) An establishment that, with respect to offering food for | 337 |
| sale, offers only alcoholic beverages or prepackaged beverages | 338 |
| that are not potentially hazardous; | 339 |
| (13) An establishment that, with respect to offering food for | 340 |
| sale, offers only alcoholic beverages, prepackaged beverages that | 341 |
| are not potentially hazardous, or commercially prepackaged food | 342 |
| that is not potentially hazardous, on the condition that the | 343 |
| commercially prepackaged food is contained in displays, the total | 344 |
| space of which equals less than two hundred cubic feet on the | 345 |
| premises of the establishment; | 346 |
| (14) An establishment that, with respect to offering food for | 347 |
| sale, offers only fountain beverages that are not potentially | 348 |
| hazardous; | 349 |
| (15) A person who offers for sale only one or more of the | 350 |
| following foods at a festival or celebration, on the condition | 351 |
| that the festival or celebration is organized by a political | 352 |
| subdivision of the state and lasts for a period not longer than | 353 |
| seven consecutive days: | 354 |
| (a) Fresh unprocessed fruits or vegetables; | 355 |
| (b) Products of a cottage food production operation; | 356 |
| (c) Maple syrup, sorghum, or honey if produced by a maple | 357 |
| syrup or sorghum processor or beekeeper as described in division | 358 |
| (A) of section 3715.021 of the Revised Code; | 359 |
| (d) Commercially prepackaged food that is not potentially | 360 |
| hazardous, on the condition that the food is contained in | 361 |
| displays, the total space of which equals less than one hundred | 362 |
| cubic feet; | 363 |
| (e) Fruit butter produced at the festival or celebration and | 364 |
| sold from the production site. | 365 |
| (16) A farm market on the condition that it is registered | 366 |
| with the director pursuant to section 3717.221 of the Revised Code | 367 |
| that offers for sale at the farm market only one or more of the | 368 |
| following: | 369 |
| (a) Fresh unprocessed fruits or vegetables; | 370 |
| (b) Products of a cottage food production operation; | 371 |
| (c) Maple syrup, sorghum, or honey that is produced by a | 372 |
| maple syrup or sorghum producer or beekeeper described in division | 373 |
| (A) of section 3715.021 of the Revised Code; | 374 |
| (d) Commercially prepackaged food that is not potentially | 375 |
| hazardous, on the condition that the food is contained in | 376 |
| displays, the total space of which equals less than one hundred | 377 |
| cubic feet on the premises where the person conducts business at | 378 |
| the farm market; | 379 |
| (e) Cider and other juices manufactured on site at the farm | 380 |
| market; | 381 |
| (f) The products or items described in divisions (B)(8) to | 382 |
| (10) of this section, on the condition that those products or | 383 |
| items were produced by the person offering to sell them, and | 384 |
| further conditioned that, with respect to eggs offered, the person | 385 |
| offering to sell them annually maintains five hundred or fewer | 386 |
| birds, and with respect to dressed chickens offered, the person | 387 |
| annually raises and slaughters one thousand or fewer chickens. | 388 |
| Sec. 3717.42. (A) The following are not food service | 389 |
| operations: | 390 |
| (1) A retail food establishment licensed under this chapter, | 391 |
| including a retail food establishment that provides the services | 392 |
| of a food service operation pursuant to an endorsement issued | 393 |
| under section 3717.24 of the Revised Code; | 394 |
| (2) An entity exempt from the requirement to be licensed as a | 395 |
| retail food establishment under division (B) of section 3717.22 of | 396 |
| the Revised Code; | 397 |
| (3) A business or that portion of a business that is | 398 |
| regulated by the federal government or the department of | 399 |
| agriculture as a food manufacturing or food processing business, | 400 |
| including a business or that portion of a business regulated by | 401 |
| the department of agriculture under Chapter 911., 913., 915., | 402 |
| 917., 918., or 925. of the Revised Code. | 403 |
| (B) All of the following are exempt from the requirement to | 404 |
| be licensed as a food service operation: | 405 |
| (1) A private home in which individuals related by blood, | 406 |
| marriage, or law reside and in which the food that is prepared or | 407 |
| served is intended only for those individuals and their nonpaying | 408 |
| guests; | 409 |
| (2) A private home operated as a bed-and-breakfast that | 410 |
| prepares and offers food to guests, if the home is owner-occupied, | 411 |
| the number of available guest bedrooms does not exceed six, | 412 |
| breakfast is the only meal offered, and the number of guests | 413 |
| served does not exceed sixteen; | 414 |
| (3) A stand operated on the premises of a private home by one | 415 |
| or more children under the age of twelve, if the food served is | 416 |
| not potentially hazardous; | 417 |
| (4) A residential facility that accommodates not more than | 418 |
| sixteen residents; is licensed, certified, registered, or | 419 |
| otherwise regulated by the federal government or by the state or a | 420 |
| political subdivision of the state; and prepares food for or | 421 |
| serves food to only the residents of the facility, the staff of | 422 |
| the facility, and any nonpaying guests of residents or staff; | 423 |
| (5) A church, school, fraternal or veterans' organization, | 424 |
| volunteer fire organization, or volunteer emergency medical | 425 |
| service organization preparing or serving food intended for | 426 |
| individual portion service on its premises for not more than seven | 427 |
| consecutive days or not more than fifty-two separate days during a | 428 |
| licensing period. This exemption extends to any individual or | 429 |
| group raising all of its funds during the time periods specified | 430 |
| in division (B)(5) of this section for the benefit of the church, | 431 |
| school, or organization by preparing or serving food intended for | 432 |
| individual portion service under the same conditions. | 433 |
| (6) A common carrier that prepares or serves food, if the | 434 |
| carrier is regulated by the federal government; | 435 |
| (7) A food service operation serving thirteen or fewer | 436 |
| individuals daily; | 437 |
| (8) A type A or type B family day-care home, as defined in | 438 |
| section 5104.01 of the Revised Code, that prepares or serves food | 439 |
| for the children receiving day-care; | 440 |
| (9) A child day-care center or school child program that | 441 |
| holds a healthy food license issued under section 3717.60 of the | 442 |
| Revised Code and prepares or serves food, as authorized by the | 443 |
| license, for the children in the center's or program's care; | 444 |
| (10) A vending machine location where the only foods | 445 |
| dispensed are foods from one or both of the following categories: | 446 |
| (a) Prepackaged foods that are not potentially hazardous; | 447 |
| (b) Nuts, panned or wrapped bulk chewing gum, or panned or | 448 |
| wrapped bulk candies. | 449 |
| | 450 |
| machine location described in division (B)(9) of this section; | 451 |
| | 452 |
| dispense only milk, milk products, or frozen desserts that are | 453 |
| under a state or federal inspection and analysis program; | 454 |
| | 455 |
| which means a vending machine location at which all of the | 456 |
| following apply: | 457 |
| (a) The vending machines dispense only foods that are not | 458 |
| potentially hazardous; | 459 |
| (b) The machines are designed to be filled and maintained in | 460 |
| a sanitary manner by untrained persons; | 461 |
| (c) Minimal protection is necessary to ensure against | 462 |
| contamination of food and equipment. | 463 |
| | 464 |
| guests, if the home is owner-occupied, meals are served on the | 465 |
| premises of that home, the number of meals served does not exceed | 466 |
| one hundred fifteen per week, and the home displays a notice in a | 467 |
| place conspicuous to all of its guests informing them that the | 468 |
| home is not required to be licensed as a food service operation; | 469 |
| | 470 |
| components, such as pies or baked goods, in the individual's home | 471 |
| to be served off the premises of that home, if the number of meals | 472 |
| or meal components prepared for that purpose does not exceed | 473 |
| twenty in a seven-day period. | 474 |
| Sec. 3717.60. (A) As used in this section: | 475 |
| (1) "Child day-care center" has the same meaning as in | 476 |
| section 5104.01 of the Revised Code. | 477 |
| (2) "Healthy food license" means a license that authorizes a | 478 |
| child day-care center or school child program to receive, serve, | 479 |
| and store any of the following for the children in the center's or | 480 |
| program's care: | 481 |
| (a) Fruit; | 482 |
| (b) Vegetables; | 483 |
| (c) Single-serving dairy products, if included in the | 484 |
| licensing category applicable to the license held by the center or | 485 |
| program. | 486 |
| (3) "School child program" has the same meaning as in section | 487 |
| 3301.52 of the Revised Code. | 488 |
| (B) A child day-care center or school child program seeking a | 489 |
| healthy food license or renewal of a license shall apply to the | 490 |
| entity specified in rules adopted under this section on a form | 491 |
| provided by the entity. The entity shall issue or renew a license | 492 |
| if the applicant meets the requirements established in rules | 493 |
| adopted under this section. | 494 |
| A healthy food license remains valid until scheduled to | 495 |
| expire unless earlier suspended or revoked pursuant to rules | 496 |
| adopted under this section. | 497 |
| (C) A child day-care center or school child program holding a | 498 |
| healthy food license shall comply with the standards and | 499 |
| procedures established in rules adopted under this section. | 500 |
| (D) The director of health shall adopt rules governing | 501 |
| healthy food licenses. The rules shall be adopted in accordance | 502 |
| with Chapter 119. of the Revised Code. The rules shall include all | 503 |
| of the following: | 504 |
| (1) Standards and procedures for applying for a license or | 505 |
| renewal of a license, including the length of the license; | 506 |
| (2) The amount of the fees to be charged for issuing and | 507 |
| renewing licenses; | 508 |
| (3) Procedures for selecting a local entity to enforce this | 509 |
| section; | 510 |
| (4) Standards and procedures for reviewing and approving | 511 |
| applications for licenses; | 512 |
| (5) Standards and procedures for conducting inspections of | 513 |
| the child day-care centers and school child programs holding | 514 |
| healthy food licenses, including a schedule of frequency for | 515 |
| conducting the inspections; | 516 |
| (6) Standards and procedures for conducting investigations of | 517 |
| complaints pertaining to centers and programs holding healthy food | 518 |
| licenses; | 519 |
| (7) Specification of the fruits, vegetables, and, if | 520 |
| applicable, single-serving dairy products that may be received, | 521 |
| stored, and served by the center or program holding a healthy food | 522 |
| license; | 523 |
| (8) Specifications regarding the manner in which a child | 524 |
| day-care center or school child program may receive, serve, and | 525 |
| store fruit, vegetables, and single-serving dairy products, except | 526 |
| that the specifications shall not be the same as or more | 527 |
| restrictive than the specifications for food service operations | 528 |
| governed under this chapter; | 529 |
| (9) Licensing categories that apply to healthy food licenses | 530 |
| and requirements for each category based on whether the license | 531 |
| authorizes the holder to receive, serve, and store fruit and | 532 |
| vegetables only or authorizes the holder to receive, serve, and | 533 |
| store single-serving dairy products in addition to fruit and | 534 |
| vegetables; | 535 |
| (10) Standards and procedures for suspending or revoking a | 536 |
| license; | 537 |
| (11) Any other matter the director considers relevant to the | 538 |
| administration and enforcement of the provisions of this section. | 539 |
| Sec. 5104.051. (A)(1) The department of commerce is | 540 |
| responsible for the inspections of child day-care centers as | 541 |
| required by division (A)(1) of section 5104.05 of the Revised | 542 |
| Code. Where there is a municipal, township, or county building | 543 |
| department certified under section 3781.10 of the Revised Code to | 544 |
| exercise enforcement authority with respect to the category of | 545 |
| building occupancy which includes day-care centers, all | 546 |
| inspections required under division (A)(1) of section 5104.05 of | 547 |
| the Revised Code shall be made by that department according to the | 548 |
| standards established by the board of building standards. | 549 |
| Inspections in areas of the state where there is no municipal, | 550 |
| township, or county building department certified under section | 551 |
| 3781.10 of the Revised Code to exercise enforcement authority with | 552 |
| respect to the category of building occupancy which includes | 553 |
| day-care centers shall be made by personnel of the department of | 554 |
| commerce. Inspections of centers shall be contingent upon payment | 555 |
| of a fee by the applicant to the department having jurisdiction to | 556 |
| inspect. | 557 |
| (2) The department of commerce is responsible for the | 558 |
| inspections of type A family day-care homes as required by | 559 |
| division (B)(3) of section 5104.05 of the Revised Code. Where | 560 |
| there is a municipal, township, or county building department | 561 |
| certified under section 3781.10 of the Revised Code to exercise | 562 |
| enforcement authority with respect to the category of building | 563 |
| occupancy which includes type A homes, all inspections required | 564 |
| under division (B)(3) of section 5104.05 of the Revised Code shall | 565 |
| be made by that department according to the standards established | 566 |
| by the board of building standards. Inspections in areas of the | 567 |
| state where there is no municipal, township, or county building | 568 |
| department certified under section 3781.10 of the Revised Code to | 569 |
| exercise enforcement authority with respect to the category of | 570 |
| building occupancy which includes type A homes shall be made by | 571 |
| personnel of the department of commerce. Inspections of type A | 572 |
| homes shall be contingent upon payment of a fee by the applicant | 573 |
| to the department having jurisdiction to inspect. | 574 |
| (B) The state fire marshal is responsible for the inspections | 575 |
| required by divisions (A)(2) and (B)(1) of section 5104.05 of the | 576 |
| Revised Code. In municipal corporations and in townships outside | 577 |
| municipal corporations where there is a fire prevention official, | 578 |
| the inspections shall be made by the fire chief or the fire | 579 |
| prevention official under the supervision of and according to the | 580 |
| standards established by the state fire marshal. In townships | 581 |
| outside municipal corporations where there is no fire prevention | 582 |
| official, inspections shall be made by the employees of the state | 583 |
| fire marshal. | 584 |
| (C) The state fire marshal shall enforce all statutes and | 585 |
| rules pertaining to fire safety and fire prevention in child | 586 |
| day-care centers and type A family day-care homes. In the event of | 587 |
| a dispute between the state fire marshal and any other responsible | 588 |
| officer under sections 5104.05 and 5104.051 of the Revised Code | 589 |
| with respect to the interpretation or application of a specific | 590 |
| fire safety statute or rule, the interpretation of the state fire | 591 |
| marshal shall prevail. | 592 |
| (D) As used in this division, "licensor" has the same meaning | 593 |
| as in section 3717.01 of the Revised Code. | 594 |
| | 595 |
| licensor for food service operations in the city or general health | 596 |
| district in which the center is located is responsible for the | 597 |
|
inspections required | 598 |
| (E) The entity specified in rules adopted by the director of | 599 |
| health under section 3717.60 of the Revised Code is responsible | 600 |
| for inspections required by that section. | 601 |
| (F) Any moneys collected by the department of commerce under | 602 |
| this section shall be paid into the state treasury to the credit | 603 |
| of the industrial compliance operating fund created in section | 604 |
| 121.084 of the Revised Code. | 605 |
| Section 2. That existing sections 3313.813, 3715.52, 3717.22, | 606 |
| 3717.42, and 5104.051 of the Revised Code are hereby repealed. | 607 |