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(122nd General Assembly)(Amended Substitute House Bill Number 113)
To amend sections 911.01 and 3732.07 and to enact section 911.011 of the
Revised Code to require that a bakery that is an integrated portion
establishment licensed as a food service operation be regulated only under the
law governing food service operations,
rather than being regulated
concurrently under the law governing
bakeries, and to create the Food Safety
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 911.01 and 3732.07 be amended and section 911.011 of
the Revised Code be enacted to read as follows:
As (A) Except as provided in division
(B) of this section, "bakery," as used in sections 911.01 to
911.20 of the
Revised Code, "bakery" means a building or part of a building
wherein is carried on the production, preparation, packing,
storing, display, or sale of bread, stuffed breads, cake, pies,
crackers, doughnuts, noodles, waffle cones, pizza crusts for resale, or other
bakery products, whether
frozen, fried, deep fried, or partially or completely baked, including any
room used for the convenience or accommodation of the workers.
Sections 911.02, 911.04, 911.11, 911.12, 911.13, and 911.15 of
the Revised Code do not apply to retail stores where bakery
products are sold but not produced.
(B) "Bakery" does not mean a food service operation licensed
under section 3732.03 Of the Revised Code that includes the preparation or serving of bakery
Sec. 911.011. (A) The preparation and serving of bakery products
by a food
service operation licensed under section 3732.03 Of the Revised Code shall be regulated under
Chapter 3732. Of the Revised Code and not under this chapter.
(B) A BAKERY SHALL BE REGULATED UNDER THIS CHAPTER AND NOT UNDER
CHAPTER 3732. OF THE REVISED CODE WHEN EITHER OF
(1) THE BAKERY ONLY SERVES BAKERY PRODUCTS ON ITS PREMISES;
(2) THE BAKERY SERVES BAKERY PRODUCTS FOR CONSUMPTION ON ITS PREMISES AND
SERVES FROZEN DESSERTS, BEVERAGES, NUTS, POPCORN, CANDY, OR SIMILAR
CONFECTIONS, DAIRY PRODUCTS, OR ANY COMBINATION OF THOSE ITEMS FOR CONSUMPTION
ON ITS PREMISES.
Sec. 3732.07. (A) A licensee whose principal business is a food service
operation that includes the preparation of bakery products
identified in section 911.01 Of the Revised Code or the preparation and
complete baking of pizza is not required to register the
operation as a bakery under section 911.02 of the Revised Code.
(B) A licensee whose principal business is a food service
operation that includes the sale of frozen desserts is not
required to obtain a license under section 3717.52 of the Revised
Code for the sale and manufacture of frozen desserts.
SECTION 2 . That existing sections 911.01 and 3732.07 of the Revised Code are
SECTION 3 . (A) There is hereby created the Food Safety Council consisting of
the Director of Agriculture, or the Director of Agriculture's designee, the
Director of Health, or the Director of Health's designee, and, except as
provided in division (B) of this section, eight members appointed jointly by
the Director of Agriculture and the Director of Health as follows:
(1) Two representatives of the food service industry appointed from among
restaurant operators, mobile food service operators, vending machine location
operators, fast-food restaurant operators, and institutional food service
(2) Two representatives of retail food establishments appointed from among
retail merchants, bakers, and grocers;
(3) Two representatives of a health commissioner association, one of whom is
a representative of urban areas of this state and one of whom is a
representative of rural areas of this state;
(4) One representative of an environmental health
who shall be a sanitarian registered pursuant to Chapter 4736. of the Revised
(5) One representative of consumers who is not employed by the state or any
its subdivisions and who does not have a pecuniary interest in a food service
operation or a food establishment.
(B) Within thirty days after the effective date of this section, the
Director of Health and the Director of Agriculture shall make their
appointments to the Council. If the Director of Agriculture and the Director
of Health fail to make their appointments within thirty days after the
effective date of this section, the appointments required in division (A) of
this section shall be made jointly by the Speaker of the House of
Representatives and the President of the Senate.
The Director of Health and the Director of Agriculture, or their designees,
shall serve as co-chairpersons of the Council. The Council members shall
organize, and begin their work. Vacancies occurring on the Council shall be
filled in the same manner as the initial appointments.
Six members of the Council constitute a quorum and seven votes are necessary
to validate an action.
(C) The Council shall study the inspection and licensing requirements in
the Revised Code and make recommendations for eliminating duplicative or
concurrent inspections and licensing of retail food establishments and food
service operations. The Council also shall study and make recommendations for
the establishment of statewide uniform standards for food safety and
for retail food establishments and food service operations. In making its
recommendations, the Council shall consider whether one agency should be
designated, where appropriate, to enforce any statewide uniform standards that
(D) The Council shall issue a report of its findings and any
recommendations on the issues it studied pursuant to division (C) of this
section to the President of the Senate, Minority Leader of the Senate, Speaker
of the House of
Representatives, and Minority Leader of the House of Representatives within
one hundred twenty days after the date of its initial
organizational meeting. The Council shall cease to exist six months after the
issuance of its report.
(E) Members of the Council shall serve