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HB 113
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As Introduced

122nd General Assembly
Regular Session
1997-1998

H. B. No. 113

REPRESENTATIVES TERWILLEGER-CATES-SCHULER-OPFER-PADGETT- ROMAN-HOOD-MALLORY

A BILL

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 of an 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.

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:

Sec. 911.01. 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, cake, pies, cookies, 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 separate 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 PRODUCTS.

Sec. 911.011. 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.

Sec. 3732.07. (A) A licensee whose principal business is a food service operation that includes the PREPARATION OR SERVING 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 hereby repealed.