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|
As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 87 |
SENATORS WHITE-SCHAFRATH-DiDONATO-LATTA-McLIN-DRAKE-GAETH-LATELL-
CUPP-GARDNER-DIX-NEIN-KEARNS-BLESSING-CARNES-SCHAFRATH
A BILL
To amend sections 121.04, 901.08, 901.43, 911.02, 913.02,
913.23, 915.14, 915.24, 917.01, 917.08,
917.16, 917.99, 3707.33, 3707.34, 3715.02, 3715.25, 3715.59, 3715.60, 3715.69,
3715.99, 3732.01, 3732.07, 4736.01,
and 4745.01, to enact new sections 917.02, 917.03, 917.04, 917.05, 917.06,
917.07, 917.09, 917.10, 917.11, 917.18, 917.19, 917.20, 917.21, 917.22,
917.23, 3715.24, and 3715.27 and sections 917.031, 917.032, 917.091, 3715.21,
and 3715.211
and to repeal sections 917.02, 917.03, 917.04, 917.05, 917.06,
917.07, 917.09, 917.10, 917.11, 917.18, 917.19, 917.20, 917.21,
917.22, 917.23, 3715.24, 3715.26, 3715.27, 3715.58, 3717.01, 3717.02,
3717.021, 3717.03, 3717.06,
3717.07, 3717.08, 3717.09, 3717.10, 3717.11, 3717.12, 3717.13,
3717.16, 3717.17, 3717.18, 3717.20, 3717.21, 3717.24, 3717.25,
3717.26, 3717.27, 3717.28, 3717.29, 3717.30, 3717.31, 3717.32,
3717.33, 3717.34, 3717.35, 3717.37, 3717.40, 3717.41, 3717.42,
3717.43, 3717.45, 3717.47, 3717.48, 3717.49, 3717.50, 3717.51,
3717.52, 3717.53, 3717.54, 3717.55, 3717.61, 3717.611, 3717.62,
3717.63, 3717.64, 3717.65, 3717.66, 3717.67, 3717.68, 3717.69,
and 3717.99 of the Revised Code to revise the law governing
dairies, dairy products, maple syrup, and cider.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.04, 901.08, 901.43, 911.02,
913.02, 913.23, 915.14, 915.24, 917.01, 917.08,
917.16, 917.99, 3707.33, 3707.34, 3715.02, 3715.25, 3715.59, 3715.60, 3715.69,
3715.99, 3732.01, 3732.07, 4736.01,
and 4745.01 be
amended and new sections 917.02, 917.03, 917.04, 917.05, 917.06,
917.07, 917.09, 917.10, 917.11, 917.18, 917.19, 917.20, 917.21,
917.22, 917.23, 3715.24, and 3715.27 and sections 917.031, 917.032,
917.091, 3715.21, and 3715.211 of the Revised Code be enacted to read as
follows:
Sec. 121.04. Offices are created within the several
departments as follows:
In the department of commerce:
| Commissioner of securities; |
| Superintendent of real estate; |
| Superintendent of financial institutions; |
| Fire marshal; |
| Beginning on July 1, 1997, |
| Superintendent of liquor control; |
| Superintendent of industrial compliance. |
In the department of administrative services:
| State architect and engineer; |
| Equal employment opportunity coordinator. |
In the department of agriculture:
Chiefs of divisions as follows:
| Administration; |
| Animal industry; |
| Dairy marketing; |
| Food, dairies, and drugs SAFETY; |
| Plant industry; |
| Markets; |
| Meat inspections INSPECTION; |
| Consumer analytical laboratories LABORATORY; |
| Amusement ride safety; |
| Enforcement; |
| Weights and measures. |
In the department of natural resources:
Chiefs of divisions as follows:
| Water; |
| Mines and Reclamation; |
| Forestry; |
| Natural areas and preserves; |
| Wildlife; |
| Geological survey; |
| Parks and recreation; |
| Watercraft; |
| Oil and gas; |
| Recycling and litter prevention; |
| Civilian conservation; |
| Soil and water conservation; |
| Real estate and land management; |
| Engineering. |
Until July 1, 1997, in the department of liquor control:
Chiefs of divisions as follows:
| Accounting and finance; |
| Store management; |
| Personnel; |
| Beer. |
In the department of insurance:
| Deputy superintendent of insurance; |
| Assistant superintendent of insurance, technical; |
| Assistant superintendent of insurance,
administrative; |
| Assistant superintendent of insurance, research. |
Sec. 901.08. The director of agriculture shall appoint a chief of the
division of administration, a chief of the division of animal industry, a
chief of the division of dairy marketing, a chief of the division of
food,
dairies, and drugs SAFETY, a chief of the division of markets, a
chief of the
division of plant industry, a chief of the division of weights and measures, a
chief of the division of meat inspections INSPECTION, a chief of
the division of consumer
analytical laboratories LABORATORY, a chief of the division of
enforcement, and a chief
of the division of amusement ride safety.
Sec. 901.43. (A) The director of agriculture may authorize any
department of
agriculture laboratory to perform a laboratory service for any
person,
organization, political subdivision, STATE AGENCY, FEDERAL
AGENCY, or
other entity, whether
public or
private, AND MAY CHARGE A REASONABLE FEE FOR PERFORMANCE OF THE
LABORATORY SERVICE.
(B) The director shall adopt and
enforce rules to provide
for the rendering of a laboratory service and MAY PUBLISH A LIST
OF LABORATORY SERVICES OFFERED, TOGETHER WITH the fee for such
EACH
service, and to determine whether a fee is generated by
a laboratory service related to the diseases of animals.
(C) The director may enter into a contract with any person,
organization,
political subdivision, STATE AGENCY, FEDERAL AGENCY, or other
entity for the provision of a
laboratory service.
(D) No (1) THE DIRECTOR MAY ADOPT RULES SPECIFYING WHAT
CONSTITUTES AN OFFICIAL SAMPLE.
(2) THE DIRECTOR SHALL NOT CHARGE A fee shall be charged for a
laboratory service performed
on an official
sample acquired, BUT MAY CHARGE A FEE FOR ANY OTHER SAMPLE
TAKEN OR LABORATORY SERVICE PERFORMED by the department to determine
compliance with a
state law or
a rule adopted by the director.
(E)(1) THE DIRECTOR MAY ADOPT RULES
ESTABLISHING STANDARDS FOR ACCREDITATION OF LABORATORIES AND
LABORATORY SERVICES AND IN DOING SO MAY ADOPT BY REFERENCE
EXISTING OR RECOGNIZED STANDARDS OR PRACTICES.
(2) THE DIRECTOR MAY INSPECT AND
ACCREDIT LABORATORIES AND LABORATORY SERVICES, AND MAY CHARGE A
REASONABLE FEE FOR THE INSPECTIONS AND ACCREDITATION.
(F)(1) All moneys collected by the director under
this section that are from fees generated by a laboratory
service PERFORMED BY THE DEPARTMENT AND related to the diseases of
animals, AND ALL MONEYS SO COLLECTED THAT ARE FROM FEES GENERATED
FOR THE INSPECTION AND ACCREDITATION OF LABORATORIES AND LABORATORY SERVICES
RELATED TO THE DISEASES OF ANIMALS, shall be deposited
in the animal industry laboratory fund, which is hereby created
in the state treasury. The director shall use the moneys in the
animal industry laboratory fund to purchase supplies and
equipment for the laboratory that provides laboratory services
related to the diseases of animals. All other
(2) ALL moneys collected
BY THE DIRECTOR under this section THAT ARE FROM FEES GENERATED BY A
LABORATORY SERVICE PERFORMED BY THE CONSUMER ANALYTICAL LABORATORY, AND ALL
MONEYS SO COLLECTED THAT ARE FROM FEES GENERATED FOR THE INSPECTION AND
ACCREDITATION OF LABORATORIES AND LABORATORY SERVICES NOT RELATED TO WEIGHTS
AND MEASURES OR THE DISEASES OF ANIMALS, shall
be remitted to the treasurer of
state for deposit DEPOSITED in the
general revenue LABORATORY SERVICES fund, WHICH IS
HEREBY CREATED IN THE STATE TREASURY. THE MONEYS
HELD IN THE FUND MAY BE USED TO PAY THE EXPENSES NECESSARY TO OPERATE THE
CONSUMER ANALYTICAL LABORATORY, INCLUDING THE PURCHASE OF SUPPLIES AND
EQUIPMENT.
(3) ALL MONEYS COLLECTED BY THE DIRECTOR UNDER THIS
SECTION THAT ARE FROM FEES GENERATED BY A LABORATORY SERVICE
PERFORMED BY THE WEIGHTS AND MEASURES LABORATORY, AND ALL MONEYS SO COLLECTED
THAT ARE FROM FEES GENERATED FOR THE INSPECTION AND ACCREDITATION OF
LABORATORIES AND LABORATORY SERVICES RELATED TO WEIGHTS AND MEASURES, SHALL BE
DEPOSITED IN THE WEIGHTS AND MEASURES LABORATORY FUND, WHICH IS HEREBY CREATED
IN THE STATE TREASURY. THE MONEYS HELD IN THE
FUND MAY BE USED TO PAY THE EXPENSES NECESSARY TO OPERATE THE
DIVISION OF WEIGHTS AND MEASURES, INCLUDING THE PURCHASE OF
SUPPLIES AND EQUIPMENT.
Sec. 911.02. Except as provided in division (A) of section 3732.07 of the
Revised Code, each person, firm, partnership, or
corporation which THAT owns or operates a bakery shall register
each
bakery which THAT it owns or operates with the director of
agriculture. For such THE registration, the owner or operator
of
each bakery shall pay an annual fee of thirty dollars for a
production capacity of one thousand pounds of bakery product per
hour or less and an annual fee of thirty dollars for each one
thousand pounds of bakery product per hour capacity, or part
thereof, in excess of one thousand pounds of bakery product per
hour.
Any person who owns or operates a home bakery with only one
oven, in a stove of ordinary home kitchen design and located in a
home, used for the baking of baked goods to be sold, shall pay a
sum of ten dollars annually for registration regardless of the
capacity of such THE home bakery oven. Each such
THE registration shall
be renewed annually by the thirtieth day of September and shall
be renewed according to the standard renewal procedure of
Chapter 4745. of the Revised Code. The
registration of the bakery shall show the location, including
municipal corporation, street, and number, the name of the owner,
and the name of the operator. The application for registration
shall be made on a form prescribed and provided by the director.
All moneys received from registration fees and fines collected
under sections 911.01 to 911.20 of the Revised Code shall be
deposited with the treasurer of state to the credit of the food,
dairies, and drugs SAFETY fund created in section 915.24 of the
Revised
Code. All annual renewal registration fees required by this
section shall be paid by the applicant for such THE renewal to
the
treasurer of state for deposit into the food, dairies, and drug
SAFETY fund.
No bakery product that is manufactured in an out-of-state
bakery shall be sold or offered for sale within this state unless
such THE bakery is in compliance with sections 911.01 to 911.20
of
the Revised Code, and is registered, having paid the annual
registration fee.
Registration of out-of-state bakeries is not required if a
reciprocal agreement is in effect whereby a bakery located in
this state is not subject to a license or registration fee by the
receiving state or a political subdivision thereof.
Sec. 913.02. No person, firm, or corporation shall engage
in the business of operating a cannery without obtaining a
license for the operation of each cannery from the director of
agriculture.
In order to obtain a license, an application shall be made
on a form prescribed by the director and shall be accompanied by
a fee of one hundred dollars. The director shall thereupon cause
an investigation to be made. If the applicant is supplied with
the facilities necessary for complying with sections 913.01 to
913.05 of the Revised Code and rules adopted under them, a
license shall be issued and shall be effective until the
thirtieth day of June, and shall become invalid on that date
unless renewed. The fee for each renewal is one hundred dollars.
License fees and renewal fees shall be deposited to the credit of
the food, dairies, and drugs SAFETY fund created in section
915.24 of
the Revised Code.
The director may suspend or revoke any license for failure
to comply with sections 913.01 to 913.05 of the Revised Code, or
any rule or order adopted under those sections. In such event,
the cannery immediately shall cease operation.
Sec. 913.23. (A) The director of agriculture may issue
licenses as required by sections 913.22 to 913.28 of the Revised
Code, may make the inspections and registrations required by such
THOSE
sections, and may prescribe the form of application to be filed
under this section.
(B) No person shall manufacture or bottle for sale within
this state any soft drink in closed containers unless he THE
PERSON has a
license issued by the director. Upon receipt of an application
for such a license, the director shall examine the products and
the place of manufacture where the business is to be conducted,
to determine whether the products and place comply with sections
913.22 to 913.28 of the Revised Code. Upon finding there is
compliance, and upon payment of a license fee of one hundred
dollars, the director shall issue a license authorizing the
applicant to manufacture or bottle for sale such soft drinks,
subject to sections 913.22 to 913.28 of the Revised Code. Such
THE
license shall expire on the last day of March of each year unless
renewed.
(C) No soft drink that is manufactured or bottled out of
the state shall be sold or offered for sale within this state
unless the soft drink and the plant in which the soft drink is
bottled are found by the director to comply with sections 913.22
to 913.28 of the Revised Code, and is registered by him THE
DIRECTOR, which
shall be upon a like application as provided in division (B) of
this section.
An annual registration fee of one hundred dollars shall be
paid to the director by each applicant under this division. Such
THE
registration shall be renewed annually, and the registration fee
paid with the application for annual renewal.
Registration of out-of-state soft drink manufacturers or
syrup and extract manufacturers is not required if a reciprocal
agreement is in effect whereby a soft drink manufacturer or syrup
and extract manufacturer located in this state is not subject to
a license or registration fee by another state or a political
subdivision thereof.
(D) No person, other than a manufacturer holding a soft
drink plant license under this section, shall sell, offer for
sale, use, or have in his THE PERSON'S possession with intent to
sell, any
soda water syrup or extract or soft drink syrup, to be used in
making, drawing, or dispensing soda water or other soft drinks,
without first registering his THE PERSON'S name and address, the
name and
address of the manufacturer of the syrup or extract, the number
and variety of such syrups or extracts intended to be sold, and
the trade name or brand of those products, with the director,
together with such samples of the same SYRUPS OR EXTRACTS as the
director requests
for analysis. Such THE person also shall pay to the department
of
agriculture at the time of making registration a license fee of
fifty dollars. No license shall be granted by the director
unless he THE DIRECTOR determines that the syrup or extract is
free from all
harmful drugs and other ingredients which THAT, as used, may be
injurious to health. Said THE registration shall be renewed
annually
upon like terms. If any manufacturer, agent, or seller is
licensed or has registered his THE MANUFACTURER'S, AGENT'S, OR
SELLER'S name and his product as required
by this section and has paid his THE MANUFACTURER'S, AGENT'S, OR
SELLER'S fee, his THE MANUFACTURER'S, AGENT'S, OR SELLER'S
distributor, retail
agent, or retail seller using said THE products shall not be
required
to pay that fee. This section does not apply to local sellers of
soft drinks as to syrups and extracts made by themselves for
their own use exclusively.
(E) All moneys received under sections 913.22 to 913.28 of
the Revised Code shall be deposited with the treasurer of state
to the credit of the food, dairies, and drugs SAFETY fund
created in
section 915.24 of the Revised Code.
(F) The director may revoke any license or registration
issued under sections 913.22 to 913.28 of the Revised Code,
whenever he THE DIRECTOR determines that such
THOSE sections have been violated.
When a license has been revoked, the licensee shall discontinue
the manufacture and sale of soft drinks or other products for
which the license was issued. When a registration has been
revoked, the registrant shall discontinue the sale within this
state of his THE REGISTRANT'S products until those sections have
been complied
with and a new license or registration has been issued. The
director may suspend any such license or registration
temporarily, pending compliance with such conditions required by
such THOSE sections as he THE DIRECTOR prescribes.
Sec. 915.14. As used in sections 915.14 to 915.24 of the
Revised Code, unless the context otherwise requires:
(A) "Food" means all articles used by humans for food,
drink, ice, confectionery, or condiment, whether simple, mixed,
or compound, and any substance used as a constituent in the
manufacture thereof.
(B) "Establishment" means any business location or
building of which any of the following facilities or operations
are a part: a frozen food manufacturing facility,
slaughterhouse, locker room, locker, chill room, sharp freezing
room and facilities, or sharp freezing cabinet.
(C) "Slaughterhouse" means a room or space used to butcher
animals for sharp freezing.
(D) "Locker room" means any room in an establishment in
which lockers are located and in which space may be provided for
the storage of frozen food belonging to and for sale by the
operator to the public.
(E) "Locker" means the individual section or compartment,
provided with a lock, of a capacity not to exceed twenty-five
cubic feet, in the locker room of an establishment, which is
rented by a person, firm, or corporation for the purpose of
storing frozen food for its use.
(F) "Chill room" means a room or space in an establishment
used for the purpose of chilling food in preparation for
processing for sharp freezing.
(G) "Sharp freezing" means the reducing of every portion
of food placed in a sharp freezer facility to a temperature of
ten degrees Fahrenheit or less in five hours or less.
(H) "Sharp freezing room," "sharp freezing cabinet," or
"other sharp freezing facilities" means any location, space, or
facility in an establishment used for the sharp freezing of food
for storage or eventual sale.
(I) "Operator" means any person, firm, or corporation
operating or maintaining an establishment.
(J) "Frozen food manufacturing facility" means a room or
space in an establishment used to freeze food, other than frozen
desserts as defined in section 3717.51 917.01 of the Revised
Code, for
eventual sale in a frozen state.
Sec. 915.24. (A) There is hereby created in the state
treasury the food, dairies, and drugs SAFETY fund. All of the
following
moneys shall be credited to the fund:
(1) Bakery registration fees and fines received under
sections 911.02 to 911.20 of the Revised Code
REVISED CODE;
(2) Cannery license fees and renewal fees received under
sections 913.01 to 913.05 of the Revised Code;
(3) Moneys received under sections 913.22 to 913.28 of the
Revised Code;
(4) License fees, fines, and penalties recovered for the
violation of sections 915.01 to 915.12 of the Revised Code;
(5) License fees collected under sections 915.14 to 915.23 AND UNDER
SECTION 3715.21
of the Revised Code;
(6) Moneys received in accordance with section 917.23 of
the Revised Code.
(B) The director of agriculture shall use the moneys
deposited into the food, dairies, and drugs SAFETY fund to
administer
and enforce the laws pursuant to which the moneys were collected.
Sec. 917.01. As used in sections 917.01 to 917.23, inclusive, of the
Revised
Code THIS CHAPTER:
(A) "Person" means any natural individual, GOVERNMENT AGENCY,
POLITICAL SUBDIVISION, partnership, corporation,
affiliated AFFILIATE or subsidiary of a corporation,
association, CO-OPERATIVE ASSOCIATION, or other business
unit.
(B) "Co-operative Association ASSOCIATION" means any
association organized under sections
1729.01 to 1729.27, inclusive, of the Revised Code, or under the
federal law
known as the Capper-Volstead act "CO-OPERATIVE
MARKETING ASSOCIATIONS (CAPPER-VOLSTEAD)
ACT," 7 U.S.C. 291,
292 (1980), as amended, and qualified to do business in Ohio, if
the director OF AGRICULTURE finds such THE association
has, in good faith, its entire activities under the control of its members and
has been and is exercising full authority in the sale of milk or cream for its
members.
(C) "Market Area AREA" means any area which THAT
the director finds
is a natural
marketing area and designates as such.
(D) "Handling" means the purchase, receipt on consignment or agency
contract,
or acquiring of milk or cream from the producer thereof or organizations of
producers for the purpose of bottling, selling, processing, jobbing, or
distributing the same.
(E) "Dealer" includes every OR "MILK DEALER" MEANS A
person who handles PURCHASES OR RECEIVES milk or cream
FROM A PRODUCER for
the purpose
of bottling, PACKAGING, selling, processing,
jobbing, BROKERING, or distributing the same MILK
except
where such THE milk or cream is disposed of in the same
container in which it is
received, without removal from such THE container and without
processing in any
way except by necessary refrigeration. Any person who buys and distributes
milk in containers under his THE PERSON'S own label is a dealer.
(E) "IMITATION" MEANS
IMITATION AS DESCRIBED IN 21
C.F.R.
101.3, AS AMENDED.
(F) "MILK" MEANS THE
LACTEAL SECRETION, SUBSTANTIALLY FREE FROM COLOSTRUM, OBTAINED
BY THE COMPLETE MILKING OF ONE OR MORE HEALTHY COWS, GOATS,
SHEEP, OR OTHER ANIMALS AND INTENDED FOR EITHER OF THE FOLLOWING
PURPOSES:
(1) TO BE SOLD FOR HUMAN CONSUMPTION OR FOR USE IN
DAIRY PRODUCTS;
(2) TO BE USED FOR HUMAN CONSUMPTION OR FOR USE IN
DAIRY PRODUCTS ON THE PREMISES OF A GOVERNMENTAL AGENCY OR
INSTITUTION.
"MILK" DOES NOT INCLUDE A BLEND OF THE LACTEAL SECRETIONS OF DIFFERENT
SPECIES.
(G) "GRADE
A MILK" MEANS MILK PRODUCED BY
A PERSON HOLDING A VALID PRODUCER LICENSE OF THE GRADE
A MILK CATEGORY ISSUED PURSUANT
TO SECTION 917.09 OF THE
REVISED
CODE.
(H) "MANUFACTURE MILK"
MEANS MILK PRODUCED BY A PERSON HOLDING A VALID PRODUCER LICENSE
OF THE MANUFACTURE MILK CATEGORY ISSUED PURSUANT TO SECTION
917.09 OF THE REVISED
CODE.
(I) "PRODUCER" OR "MILK
PRODUCER" MEANS A GRADE A MILK
PRODUCER OR A MANUFACTURE MILK PRODUCER.
(J) "GRADE
A MILK PRODUCER" MEANS A PERSON
LOCATED IN THIS STATE WHO SELLS OR OFFERS FOR SALE GRADE
A MILK OBTAINED FROM A COW,
GOAT, SHEEP, OR OTHER ANIMAL THAT THE PERSON OWNS OR
CONTROLS.
(K) "MANUFACTURE MILK
PRODUCER" MEANS A PERSON LOCATED IN THIS STATE WHO SELLS OR
OFFERS FOR SALE MANUFACTURE MILK OBTAINED FROM A COW, GOAT,
SHEEP, OR OTHER ANIMAL THAT THE PERSON OWNS OR CONTROLS.
(L) "GRADE
A MILK PRODUCTS" MEANS PRODUCTS
DERIVED FROM GRADE A MILK AND
HAVING THE STANDARD OF IDENTITY, QUALITY, STRENGTH, PURITY,
GRADE, AND, IF ADDED, PERMITTED OPTIONAL INGREDIENTS FOUND
IN THE STANDARDS OF IDENTITY ESTABLISHED FOR THE PRODUCTS IN
RULES ADOPTED BY THE DIRECTOR UNDER SECTION 917.02 OR
3715.02 OF THE REVISED
CODE, AND INCLUDES:
(1) COTTAGE CHEESE;
(2) RAW, PASTEURIZED, OR ASEPTICALLY PROCESSED
PRODUCTS DERIVED FROM MILK AND DESCRIBED IN EITHER OF THE FOLLOWING:
(a) THE MOST RECENT PUBLISHED
RECOMMENDATIONS OF THE FOOD AND DRUG ADMINISTRATION, PUBLIC
HEALTH SERVICE, UNITED
STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES;
(b)RULES ADOPTED BY THE
DIRECTOR.
(M) "MANUFACTURED MILK
PRODUCTS" MEANS ALL PRODUCTS, OTHER THAN RAW MILK FOR SALE TO THE ULTIMATE
CONSUMER AND GRADE A MILK PRODUCTS, THAT ARE DERIVED FROM MILK AND
ARE FOR HUMAN CONSUMPTION, INCLUDING:
(1) BUTTER;
(2) NATURAL OR PROCESSED CHEESE;
(3) EVAPORATED, CONDENSED, AND DRY PRODUCTS;
(4) FROZEN DESSERTS;
(5) SUCH OTHER PRODUCTS DERIVED FROM MILK AS THE DIRECTOR MAY SPECIFY
BY RULE THAT HAVE THE STANDARD OF IDENTITY, QUALITY, STRENGTH,
PURITY, GRADE, AND, IF ADDED, PERMITTED OPTIONAL INGREDIENTS
FOUND IN THE STANDARDS OF IDENTITY ESTABLISHED FOR THE PRODUCT
IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION 917.02 OR 3715.02 OF THE
REVISED
CODE.
(N) "DAIRY PRODUCTS"
MEANS MILK, RAW MILK FOR SALE TO THE ULTIMATE CONSUMER, GRADE
A MILK PRODUCTS, AND
MANUFACTURED MILK PRODUCTS.
(O) "FROZEN DESSERTS"
MEANS FROZEN DESSERTS, INCLUDING THE MIXES, DESCRIBED IN 21
C.F.R.
135, AS AMENDED, UNLESS OTHERWISE SPECIFIED BY THE DIRECTOR BY
RULE.
(P) "MILK PLANT" MEANS A
GRADE A MILK PLANT OR
MANUFACTURE MILK PLANT.
(Q) "GRADE
A MILK PLANT" MEANS A PLACE,
INCLUDING A GOVERNMENTAL OPERATION, WHERE GRADE
A MILK OR A GRADE
A MILK PRODUCT IS COLLECTED,
HANDLED, CONTROLLED, PROCESSED, STORED, PASTEURIZED,
ULTRA-PASTEURIZED, REPASTEURIZED, ASEPTICALLY PROCESSED,
BOTTLED, OR PREPARED FOR DISTRIBUTION, BUT DOES NOT INCLUDE A PLACE WHERE A
GRADE A MILK PRODUCT IS PURCHASED IN PACKAGED FORM AND IS STORED AND
HANDLED FOR THE SOLE PURPOSE OF SALE TO THE ULTIMATE CONSUMER.
(R) "MANUFACTURE MILK
PLANT" MEANS A PLACE, INCLUDING A GOVERNMENTAL OPERATION, WHERE
MANUFACTURE MILK OR A MANUFACTURED MILK PRODUCT IS COLLECTED,
HANDLED, CONTROLLED, MANUFACTURED, PROCESSED, STORED,
PASTEURIZED, ULTRA-PASTEURIZED, REPASTEURIZED, COMMERCIALLY
STERILIZED, ASEPTICALLY PROCESSED, BOTTLED, OR PREPARED FOR
DISTRIBUTION, BUT DOES NOT INCLUDE A PLACE WHERE A MANUFACTURED
MILK PRODUCT IS PURCHASED IN PACKAGED FORM AND IS STORED AND
HANDLED FOR THE SOLE PURPOSE OF SALE TO THE ULTIMATE
CONSUMER.
(S) "RAW MILK FOR SALE
TO THE ULTIMATE CONSUMER" MEANS THE RAW MILK SOLD OR OFFERED FOR
SALE BY A RAW MILK RETAILER.
(T) "RAW MILK RETAILER"
MEANS A PERSON WHO, PRIOR TO
OCTOBER 31, 1965, WAS ENGAGED
CONTINUOUSLY IN THE BUSINESS OF SELLING OR OFFERING FOR SALE RAW
MILK DIRECTLY TO ULTIMATE CONSUMERS.
(U) "PROCESSOR" OR "MILK
PROCESSOR" MEANS A GRADE A MILK
PROCESSOR OR A MANUFACTURE MILK PROCESSOR.
(V) "GRADE
A MILK PROCESSOR" MEANS A
PERSON WHO OPERATES OR CONTROLS A MILK PLANT THAT IS LOCATED IN
THIS STATE OR FROM WHICH GRADE
A MILK OR GRADE
A MILK PRODUCTS ARE SOLD OR
OFFERED FOR SALE FOR HUMAN CONSUMPTION.
(W) "MANUFACTURE MILK PROCESSOR" MEANS ANY PERSON WHO OPERATES OR
CONTROLS A MANUFACTURE MILK PLANT THAT IS LOCATED IN THIS STATE OR FROM WHICH
MANUFACTURE MILK OR MANUFACTURED MILK PRODUCTS ARE SOLD OR OFFERED FOR SALE
FOR HUMAN CONSUMPTION.
(X) "WEIGHER, SAMPLER,
OR TESTER" MEANS A PERSON WHO, IN ORDER TO DETERMINE VOLUME,
WEIGHT, OR COMPOSITION FOR THE PURPOSE OF DETERMINING PRICE,
WEIGHS, TESTS, OR SAMPLES EITHER OF THE FOLLOWING:
(1) MILK AT A DAIRY FARM;
(2) MILK OR CREAM PURCHASED BY A DEALER FROM A MILK
PRODUCER OR CO-OPERATIVE ASSOCIATION.
(Y) "HAULER" OR "MILK
HAULER" MEANS A PERSON WHO OWNS OR LEASES A VEHICLE OR
CONVEYANCE USED TO TRANSPORT RAW MILK, BUT DOES NOT INCLUDE A
PRODUCER TRANSPORTING RAW MILK THAT THE PRODUCER HAS
PRODUCED.
(Z) "LICENSE" MEANS A
LICENSE ISSUED UNDER SECTION 917.09 OF THE
REVISED CODE AND INCLUDES A
REGISTRATION ISSUED UNDER DIVISION
(I) OF THAT SECTION.
Sec. 917.02. THE DIRECTOR OF AGRICULTURE MAY DO ANY OF
THE FOLLOWING:
(A) ADOPT RULES IN
ACCORDANCE WITH CHAPTER 119. OF
THE REVISED
CODE REGULATING ALL OF THE
FOLLOWING:
(1) THE SANITARY PRODUCTION, STORAGE, TRANSPORTATION,
MANUFACTURING, HANDLING, PROCESSING, SAMPLING, TESTING,
EXAMINATION, AND SALE OF DAIRY PRODUCTS;
(2) THE SUSPENSION AND REVOCATION OF LICENSES ISSUED UNDER
SECTION 917.09 OF THE REVISED
CODE, PROVIDED THAT THE RULES ARE IN ACCORDANCE WITH AND
DO NOT CONFLICT WITH SECTION 917.22 OF THE
REVISED CODE;
(3) TERMS AND RENEWAL PERIODS, REGISTRATION REQUIREMENTS,
CATEGORIES, AND FEES FOR LICENSES ISSUED UNDER SECTION 917.09 OF
THE REVISED
CODE, EXCEPT THAT THE FEE FOR A
PRODUCER'S LICENSE SHALL NOT EXCEED FIFTEEN DOLLARS;
(4) EXAMINATIONS THAT MUST BE PASSED PRIOR TO ISSUANCE OF
A WEIGHER, SAMPLER, OR TESTER LICENSE AND INSPECTIONS THAT MUST
BE PASSED PRIOR TO ISSUANCE OF ANY OTHER TYPE OF LICENSE ISSUED
UNDER SECTION 917.09 OF THE REVISED CODE;
(5) PROCEDURES FOR ISSUING AND RENEWING LICENSES UNDER
SECTION 917.09 OF THE REVISED
CODE;
(6) INFORMATION THAT AN APPLICANT FOR A LICENSE ISSUED
UNDER SECTION 917.09 OF THE
REVISED CODE IS REQUIRED TO PROVIDE ON
THE APPLICATION FOR LICENSURE;
(7) STANDARDS FOR EQUIPMENT OR MATERIALS USED FOR THE
PRODUCTION, PROCESSING, AND HANDLING OF DAIRY PRODUCTS;
(8) RECORDS TO BE KEPT BY PERSONS HOLDING A LICENSE ISSUED UNDER THIS
CHAPTER AND THE INSPECTION AND AUDITING OF
BOOKS AND RECORDS OF THOSE PERSONS;
(9) SECURITY ARRANGEMENTS AND EVIDENCE OF FINANCIAL
RESPONSIBILITY FOR MILK DEALERS, TO ENSURE PROMPT PAYMENT TO
MILK PRODUCERS;
(10) STANDARDS OF IDENTITY, QUALITY, STRENGTH, PURITY,
GRADING, AND LABELING OF DAIRY PRODUCTS;
(11) THE PRODUCTION, PROCESSING, AND HANDLING OF DAIRY
PRODUCTS AND THE PURCHASE OF AND PAYMENT FOR MILK AND CREAM BY
MILK DEALERS;
(12) CRITERIA FOR THE EQUIPMENT, METHODS, OR MATERIALS TO BE USED IN
PERFORMING WEIGHING, VOLUMETRIC MEASURING, SAMPLING, AND TESTING OF MILK AND
ITS COMPONENTS WHEN SUCH AN OPERATION IS USED AS THE BASIS FOR DETERMINING
PAYMENT FOR MILK DELIVERED TO OR PURCHASED BY DEALERS;
(13) THE SIZE AND PLACEMENT OF LABELS AND OF WORDS ON LABELS
REQUIRED BY SECTION 917.04 OF THE
REVISED
CODE TO BE PLACED ON FINAL
DELIVERY CONTAINERS USED FOR THE SALE OF RAW MILK TO ULTIMATE
CONSUMERS.
THE DIRECTOR SHALL HAVE EXCLUSIVE AUTHORITY TO ADMINISTER
AND ENFORCE RULES ADOPTED UNDER DIVISION (A) OF THIS
SECTION.
(B) ENTER INTO, WITH THE
APPROVAL OF THE MILK SANITATION BOARD, AN AGREEMENT WITH A
PUBLIC OR PRIVATE ENTITY THAT THE DIRECTOR DETERMINES IS
PROPERLY QUALIFIED FOR THE PERFORMANCE OF ANY OF THE INSPECTIONS
AND ANALYSES REQUIRED BY
THIS CHAPTER;
(C) ADOPT RULES BY
REFERENCE TO ALL OR ANY PART OF THE FOLLOWING
RECOMMENDATIONS:
(1) THE GRADE A
PASTEURIZED MILK ORDINANCE, AS AMENDED, AND THE "GRADE
A CONDENSED AND DRY MILK
PRODUCTS AND CONDENSED AND DRY WHEY" SUPPLEMENT
I TO THE GRADE
A PASTEURIZED MILK ORDINANCE OF
THE FOOD AND DRUG ADMINISTRATION, PUBLIC HEALTH SERVICE, OF THE
UNITED
STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES, TO THE EXTENT THOSE PROVISIONS DO NOT CONFLICT
WITH THE LAWS OF THIS STATE;
(2) THE MOST RECENT RECOMMENDATIONS FOR MILK FOR
MANUFACTURING PURPOSES AND ITS PRODUCTION AND PROCESSING
PUBLISHED IN FINAL FORM IN THE FEDERAL REGISTER BY THE
UNITED STATES DEPARTMENT OF
AGRICULTURE, TO THE EXTENT THOSE RECOMMENDATIONS DO NOT CONFLICT
WITH THE LAWS OF THIS STATE.
(D) ADMINISTER AND
ENFORCE THIS CHAPTER AND RULES ADOPTED UNDER IT
AND APPOINT INSPECTORS AND
OTHER PERSONNEL NECESSARY TO CARRY OUT THE PROVISIONS OF THIS CHAPTER AND
THOSE RULES;
(E) EMBARGO A DAIRY
PRODUCT THAT THE DIRECTOR REASONABLY SUSPECTS, BELIEVES, OR
DETERMINES IS ADULTERATED AS DESCRIBED IN SECTION 3715.59 OF THE
REVISED CODE OR IS MISBRANDED AS
DESCRIBED IN SECTION 3715.60 OF THE
REVISED CODE;
(F) ADOPT BY REFERENCE
ALL OR ANY PART OF THE RULES GOVERNING THE DAIRY INDUSTRY
ADOPTED BY THE UNITED STATES FOOD AND DRUG
ADMINISTRATION AND THE UNITED STATES DEPARTMENT OF
AGRICULTURE;
(G) ANNUALLY, NOT LATER
THAN NINETY DAYS AFTER THE END OF THE STATE FISCAL YEAR,
DETERMINE THE EXPENSE OF ADMINISTERING AND ENFORCING
THIS CHAPTER AND RULES ADOPTED UNDER IT DURING THE PRECEDING STATE
FISCAL YEAR AND REPORT THE DETERMINATIONS TO THE MILK SANITATION
BOARD CREATED IN SECTION 917.03 OF THE
REVISED
CODE.
Sec. 917.03. THERE IS HEREBY CREATED A MILK SANITATION
BOARD CONSISTING OF THE DIRECTOR OF AGRICULTURE OR THE
DIRECTOR'S AUTHORIZED REPRESENTATIVE, THE DIRECTOR OF HEALTH OR
THE DIRECTOR'S AUTHORIZED REPRESENTATIVE, AND THE FOLLOWING
MEMBERS TO BE APPOINTED BY THE DIRECTOR OF AGRICULTURE:
(A) TWO GRADE A MILK
PRODUCERS;
(B) ONE MANUFACTURE MILK PRODUCER;
(C) THREE MILK PROCESSORS, ONE OF WHOM SHALL BE A GRADE
A MILK PROCESSOR AND ONE OF
WHOM SHALL BE A MANUFACTURE MILK PROCESSOR;
(D) ONE MILK HAULER.
THE THREE MEMBERS WHO ARE MILK PRODUCERS SHALL NOT BE
MEMBERS OR REPRESENTATIVES OF THE SAME CO-OPERATIVE
ASSOCIATION.
THE DIRECTOR OF AGRICULTURE OR THE DIRECTOR'S AUTHORIZED
REPRESENTATIVE SHALL SERVE AS CHAIRPERSON OF THE BOARD.
BEFORE MAKING THE APPOINTMENTS TO THE BOARD REQUIRED UNDER
THIS SECTION, THE DIRECTOR OF AGRICULTURE SHALL CONSULT THE RESPECTIVE
STATEWIDE TRADE ORGANIZATIONS THAT REPRESENT GRADE
A MILK PRODUCERS, MANUFACTURE
MILK PRODUCERS, MILK PROCESSORS, AND MILK HAULERS.
OF THE INITIAL APPOINTMENTS, ONE GRADE
A MILK PRODUCER, ONE MILK
PROCESSOR, AND THE MILK HAULER SHALL SERVE FOR A TERM ENDING
DECEMBER 31, 1998, ONE GRADE
A MILK PRODUCER AND THE
MANUFACTURE MILK PROCESSOR SHALL SERVE FOR A TERM ENDING
DECEMBER 31, 1999, AND THE
MANUFACTURE MILK PRODUCER AND A GRADE
A MILK PROCESSOR SHALL SERVE
FOR A TERM ENDING DECEMBER 31,
2000. THEREAFTER, MEMBERS SHALL SERVE THREE-YEAR TERMS THAT
EXPIRE ON THE THIRTY-FIRST DAY OF DECEMBER.
EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT
UNTIL THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. A
MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE
EXPIRATION OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS
APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THE TERM. A
MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION
DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES
OFFICE OR A PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS
FIRST. A MEMBER SHALL CONTINUE IN OFFICE FOR THE ENTIRETY OF
THE MEMBER'S TERM UNLESS REMOVED FOR MISFEASANCE, MALFEASANCE,
OR NONFEASANCE.
THE DIRECTOR SHALL PROVIDE THE BOARD WITH THE PERSONNEL,
OFFICE SPACE, AND INCIDENTALS NECESSARY FOR IT TO PERFORM ITS DUTIES
AND EXERCISE ITS POWERS. MEMBERS SHALL BE REIMBURSED FOR THEIR
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF
THEIR DUTIES. APPOINTED MEMBERS SHALL RECEIVE COMPENSATION IN
AN AMOUNT DETERMINED PURSUANT TO DIVISION
(J) OF SECTION 124.15 OF THE
REVISED
CODE.
Sec. 917.031. THE MILK SANITATION BOARD MAY DO ALL OF THE
FOLLOWING:
(A) ADVISE AND CONSULT
WITH THE DIRECTOR OF AGRICULTURE IN THE ADMINISTRATION AND
ENFORCEMENT OF THIS CHAPTER AND RULES ADOPTED UNDER IT;
(B) MAKE RECOMMENDATIONS
TO THE DIRECTOR REGARDING PROPOSED RULES;
(C) APPROVE OR
DISAPPROVE AGREEMENTS BETWEEN THE DIRECTOR AND ANY PUBLIC OR
PRIVATE ENTITY DESIRING TO PERFORM OR PERFORMING ANY OF THE
INSPECTIONS OR ANALYSES REQUIRED UNDER
THIS CHAPTER AND RULES ADOPTED UNDER
IT.
THE MILK SANITATION BOARD, AFTER REVIEWING THE DIRECTOR'S
ANNUAL REPORT REQUIRED UNDER DIVISION
(G) OF SECTION 917.02 OF THE
REVISED
CODE, SHALL PRESCRIBE
INSPECTION FEES FOR MILK PRODUCERS AND MILK PROCESSORS, AND MAY
PRESCRIBE INSPECTION FEES FOR MILK HAULERS, EXCEPT THAT NO
INSPECTION FEES SHALL BE PRESCRIBED FOR MANUFACTURE MILK
PRODUCERS, PROCESSORS, OR HAULERS UNTIL ON OR AFTER
JULY 1, 1998. THE BOARD MAY
MODIFY ANY FEES IT HAS PRESCRIBED. THE FEES PRESCRIBED OR
MODIFIED BY THE BOARD TOGETHER WITH THE LICENSE FEES COLLECTED
PURSUANT TO THIS CHAPTER SHALL NOT EXCEED SIXTY-THREE PER CENT
OF THE ESTIMATED COST OF ADMINISTERING AND ENFORCING
THIS CHAPTER, AS DETERMINED BY THE
BOARD'S REVIEW OF THE DIRECTOR'S ANNUAL REPORT.
Sec. 917.032. THE MILK SANITATION BOARD SHALL CREATE
THREE STANDING SUBCOMMITTEES AND MAY CREATE OTHER SUBCOMMITTEES
CONSISTING OF BOARD MEMBERS OR NONMEMBERS TO REVIEW AND
CONSIDER ANY ISSUE RELEVANT TO
THIS CHAPTER AND TO REPORT FINDINGS AND
MAKE RECOMMENDATIONS TO THE BOARD. EACH OF THE THREE STANDING
SUBCOMMITTEES SHALL CONSIST OF EIGHT MEMBERS. ONE STANDING
SUBCOMMITTEE SHALL REPRESENT GRADE
A MILK PRODUCTION AND
PROCESSING, ONE SHALL REPRESENT MANUFACTURE MILK PRODUCTION AND
MANUFACTURING, AND ONE SHALL REPRESENT FROZEN DESSERT
MANUFACTURING.
THE DIRECTOR OF AGRICULTURE SHALL APPOINT MEMBERS OF THE
THREE STANDING SUBCOMMITTEES AFTER CONSULTING WITH STATEWIDE
TRADE ORGANIZATIONS REPRESENTING GRADE
A MILK PRODUCERS AND
PROCESSORS, MANUFACTURE MILK PRODUCERS AND MANUFACTURERS, AND
FROZEN DESSERT MANUFACTURERS, RESPECTIVELY. THE DIRECTOR SHALL
APPOINT AT LEAST ONE MEMBER OF THE MILK SANITATION BOARD TO
SERVE ON EACH STANDING SUBCOMMITTEE, AND THE DIRECTOR OR THE DIRECTOR'S
AUTHORIZED REPRESENTATIVE SHALL APPOINT AT LEAST ONE MEMBER OF THE MILK
SANITATION BOARD TO SERVE ON EACH OTHER SUBCOMMITTEE. THE DIRECTOR SHALL
APPOINT ALL OTHER MEMBERS OF STANDING SUBCOMMITTEES, AND THE DIRECTOR OR THE
DIRECTOR'S AUTHORIZED REPRESENTATIVE SHALL APPOINT ALL OTHER MEMBERS OF THE
OTHER SUBCOMMITTEES. THE DIRECTOR SHALL DETERMINE THE LENGTH
OF THE TERM OF OFFICE OF EACH MEMBER OF A STANDING SUBCOMMITTEE
OR OTHER SUBCOMMITTEE AND MAY REMOVE A MEMBER FOR MISFEASANCE,
MALFEASANCE, OR NONFEASANCE.
A STANDING SUBCOMMITTEE OR ANY OTHER SUBCOMMITTEE MAY DO
ALL OF THE FOLLOWING:
(A) ADVISE AND CONSULT
WITH THE MILK SANITATION BOARD IN THE ADMINISTRATION AND
ENFORCEMENT OF THIS CHAPTER AND RULES ADOPTED UNDER IT;
(B) MAKE RECOMMENDATIONS
TO THE MILK SANITATION BOARD REGARDING PROPOSED RULES;
(C) APPROVE OR
DISAPPROVE AGREEMENTS BETWEEN THE DIRECTOR AND ANY PRIVATE OR
PUBLIC ENTITY DESIRING TO PERFORM OR PERFORMING ANY OF THE
INSPECTIONS OR ANALYSES REQUIRED UNDER
THIS CHAPTER AND RULES ADOPTED UNDER
IT.
Sec. 917.04. NO RAW MILK RETAILER SHALL SELL, OFFER FOR
SALE, OR EXPOSE FOR SALE RAW MILK TO THE ULTIMATE CONSUMER
EXCEPT A RAW MILK RETAILER WHO, PRIOR TO
OCTOBER 31, 1965, WAS ENGAGED
CONTINUOUSLY IN THE BUSINESS OF SELLING OR OFFERING FOR SALE RAW
MILK DIRECTLY TO ULTIMATE CONSUMERS, HOLDS A VALID RAW MILK RETAILER LICENSE
ISSUED UNDER SECTION 917.09 OF THE
REVISED
CODE, AND IS SUBJECT TO THE
RULES REGULATING THE SALE OF RAW MILK ADOPTED UNDER
THIS CHAPTER.
NO PERSON SHALL FAIL TO LABEL, IN ACCORDANCE WITH RULES
ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 917.02 OF
THE REVISED
CODE, ALL FINAL DELIVERY
CONTAINERS USED FOR THE SALE OF RAW MILK TO ULTIMATE CONSUMERS
WITH THE WORDS "THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY
CONTAIN DISEASE-PRODUCING ORGANISMS."
Sec. 917.05. NO PERSON SHALL DO ANY OF THE
FOLLOWING OR CAUSE ANY OF THE FOLLOWING TO BE DONE:
(A) REPRESENT AN
IMITATION TO BE A DAIRY PRODUCT;
(B) USE A MEASURE, TEST,
OR EQUIPMENT, FOR THE PURPOSE OF DETERMINING THE IDENTITY,
QUALITY, STRENGTH, PURITY, GRADE, QUANTITY, OR PRICE OF A DAIRY
PRODUCT, THAT DOES NOT COMPLY WITH STANDARDS ESTABLISHED BY THE
DIRECTOR OF AGRICULTURE BY RULE;
(C) CONDUCT A TEST TO
DETERMINE THE IDENTITY, QUALITY, STRENGTH, PURITY, GRADE,
QUANTITY, OR PRICE OF A DAIRY PRODUCT IN A MANNER THAT IS NOT IN
ACCORDANCE WITH RULES ADOPTED BY THE DIRECTOR;
(D) ALTER OR DESTROY THE
RESULTS OF A TEST CONDUCTED TO DETERMINE THE IDENTITY, QUALITY,
STRENGTH, PURITY, GRADE, QUANTITY, OR PRICE OF A DAIRY
PRODUCT;
(E) MANUFACTURE, SELL,
OR DELIVER, HOLD, OR OFFER FOR SALE A DAIRY PRODUCT THAT IS NOT
LABELED OR REPRESENTED IN ACCORDANCE
WITH THE "NUTRITION
LABELING AND
EDUCATION
ACT OF 1990," 104 STAT. 2353, 21 U.S.C.A. 343, AS AMENDED, AND
REGULATIONS ADOPTED UNDER IT, AND WITH THIS CHAPTER AND CHAPTER 3715.
OF THE
REVISED
CODE AND RULES ADOPTED UNDER THOSE CHAPTERS;
(F) MANUFACTURE, SELL, OR DELIVER, HOLD, OR
OFFER FOR SALE A DAIRY PRODUCT THAT IS ADULTERATED
AS DESCRIBED IN SECTION 3715.59 OF THE
REVISED
CODE OR IS MISBRANDED AS DESCRIBED
IN SECTION 3715.60 OF THE
REVISED
CODE;
(G) USE FOR HUMAN CONSUMPTION GOAT'S MILK,
SHEEP'S MILK, OR ANOTHER ANIMAL'S MILK, EXCEPT TO MANUFACTURE
DAIRY PRODUCTS THAT ARE DESCRIBED IN 21
C.F.R.,
AS AMENDED, OR RECOGNIZED AS NONSTANDARDIZED TRADITIONAL
PRODUCTS NORMALLY MANUFACTURED FROM THE ANIMAL'S MILK.
Sec. 917.06. (A) AS USED IN THIS SECTION,
"POLITICAL SUBDIVISION" MEANS A COUNTY, TOWNSHIP, OR MUNICIPAL
CORPORATION AND ANY OTHER BODY CORPORATE AND POLITIC THAT IS
RESPONSIBLE FOR GOVERNMENT ACTIVITIES IN A GEOGRAPHIC AREA
SMALLER THAN THAT OF THE STATE.
(B) ALL POLITICAL SUBDIVISIONS SHALL
GIVE FULL FAITH AND CREDIT TO THE INSPECTIONS AND ACTS PERFORMED
AND RECORDS CREATED IN THE ADMINISTRATION AND ENFORCEMENT OF
THIS CHAPTER AND THE RULES ADOPTED UNDER
IT. NO POLITICAL SUBDIVISION SHALL REQUIRE A PERSON LICENSED
UNDER SECTION 917.09 OF THE
REVISED
CODE TO OBTAIN A LICENSE OR
PERMIT TO OPERATE IN A MANNER DESCRIBED IN THIS CHAPTER OR RULES ADOPTED UNDER
IT, TO SUBMIT TO AN INSPECTION OR PAY A FEE RELATED TO THIS
CHAPTER OR THE RULES ADOPTED UNDER IT, OR TO SATISFY ANY
OTHER CONDITION EXCEPT AS PROVIDED BY A STATUTE OR RULE OF THIS
STATE OR THE UNITED
STATES.
Sec. 917.07. THE DAIRY INDUSTRY FUND IS HEREBY CREATED IN
THE STATE TREASURY. ALL INSPECTION FEES AND LICENSE FEES
COLLECTED UNDER THIS CHAPTER SHALL BE DEPOSITED INTO THE
FUND.
THE DAIRY FUND IS HEREBY CREATED IN THE STATE TREASURY.
ALL FINE MONEYS RECEIVED BY THE TREASURER OF STATE PURSUANT TO DIVISION
(E) OF SECTION 917.99 of the Revised Code AND ANY OTHER MONEYS COLLECTED UNDER THIS
CHAPTER,
EXCEPT FOR INSPECTION FEES AND LICENSE FEES, SHALL BE DEPOSITED
INTO THE FUND.
MONEYS CREDITED TO THE DAIRY INDUSTRY FUND AND THE DAIRY
FUND SHALL BE USED TO OPERATE AND PAY EXPENSES OF THE DIVISION
OF DAIRY IN THE DEPARTMENT OF AGRICULTURE.
Sec. 917.08. The director of agriculture shall administer and enforce
sections 917.01 to 917.23, inclusive, of the Revised Code, and after
consulting the department of dairy technology of the college of agriculture of
the Ohio state university, shall prescribe regulations setting up
qualifications of applicants for licenses as weighers, samplers, testers, or
bulk tank operators, and governing the form, nature, and subject matter of
CONDUCT
examinations to be conducted to test such qualifications, and
shall provide
for holding such examinations OF APPLICANTS FOR A WEIGHER, SAMPLER, OR
TESTER LICENSE ISSUED UNDER SECTION 917.09 of the Revised Code at such times and
IN such places as in his THE DIRECTOR'S
opinion
will afford all THE applicants an opportunity to attend
TAKE THE EXAMINATION at reasonable expense, and
will provide a sufficient number of qualified persons to be licensed to
perform the services required by such sections. The director may
designate
any officers or employees of the department of agriculture, or
may employ one
or more persons recommended by the department of dairy technology, to
conduct
such THE examinations and the services of such persons, when
approved by the
director, shall have the same effect as though such services were personally
performed by the director.
Sec. 917.09. (A) THE DIRECTOR OF AGRICULTURE MAY ISSUE THE
FOLLOWING TYPES OF LICENSES:
(1) PRODUCER;
(2) PROCESSOR;
(3) MILK DEALER;
(4) RAW MILK RETAILER;
(5) WEIGHER, SAMPLER, OR TESTER;
(6) MILK HAULER.
(B) THE DIRECTOR MAY
ADOPT RULES ESTABLISHING CATEGORIES FOR EACH TYPE OF LICENSE
THAT ARE BASED ON THE GRADE OR TYPE OF DAIRY PRODUCT WITH WHICH
THE LICENSEE IS INVOLVED.
(C) EXCEPT AS PROVIDED
IN SECTION 917.091 OF THE REVISED
CODE AND DIVISION
(I) OF THIS SECTION, NO PERSON
SHALL ACT AS OR HOLD THE PERSON'S SELF OUT AS A PRODUCER;
PROCESSOR; MILK DEALER; RAW MILK RETAILER; WEIGHER, SAMPLER, OR
TESTER; OR MILK HAULER UNLESS THE PERSON HOLDS A VALID LICENSE
ISSUED BY THE DIRECTOR UNDER THIS SECTION.
(D) EACH PERSON DESIRING
A LICENSE SHALL SUBMIT TO THE DIRECTOR A LICENSE APPLICATION ON
A FORM PRESCRIBED BY THE DIRECTOR, ACCOMPANIED BY A LICENSE FEE
IN AN AMOUNT SPECIFIED IN RULES ADOPTED UNDER SECTION 917.02 OF
THE REVISED
CODE. THE APPLICANT SHALL
SPECIFY ON THE APPLICATION THE TYPE OF LICENSE AND CATEGORY
REQUESTED AND SHALL INCLUDE ANY OTHER INFORMATION REQUIRED BY
RULES ADOPTED UNDER SECTION 917.02 OF THE
REVISED
CODE.
(E) EACH APPLICANT FOR A
WEIGHER, SAMPLER, OR TESTER LICENSE OR REGISTRATION, PRIOR TO
ISSUANCE OF THE LICENSE OR REGISTRATION, SHALL PASS AN
EXAMINATION THAT IS GIVEN IN ACCORDANCE WITH SECTION 917.08 OF
THE REVISED
CODE AND RULES ADOPTED UNDER
SECTION 917.02 OF THE REVISED
CODE.
EACH APPLICANT FOR ANY OTHER TYPE OF LICENSE ISSUED UNDER
THIS SECTION, PRIOR TO ISSUANCE OF THE LICENSE, SHALL PASS AN
INSPECTION THAT IS MADE IN ACCORDANCE WITH RULES ADOPTED UNDER
SECTION 917.02 OF THE REVISED
CODE.
(F) THE DIRECTOR SHALL
NOT ISSUE A LICENSE TO AN APPLICANT UNLESS THE DIRECTOR
DETERMINES, THROUGH AN INSPECTION OR OTHERWISE, THAT THE
APPLICANT IS IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN
THIS CHAPTER AND THE RULES ADOPTED UNDER IT.
(G) EXAMINATIONS THAT
MUST BE PASSED PRIOR TO ISSUANCE OF A WEIGHER, SAMPLER, OR
TESTER LICENSE, INSPECTIONS THAT MUST BE PASSED PRIOR TO
ISSUANCE OF ANY OTHER TYPE OF LICENSE ISSUED UNDER THIS SECTION,
PROCEDURES FOR ISSUING AND RENEWING LICENSES, AND LICENSE TERMS
AND RENEWAL PERIODS SHALL COMPLY WITH RULES ADOPTED UNDER
SECTION 917.02 OF THE REVISED
CODE.
(H) SUSPENSION AND
REVOCATION OF LICENSES SHALL COMPLY WITH SECTION 917.22 OF THE
REVISED
CODE AND RULES ADOPTED UNDER
SECTION 917.02 OF THE REVISED
CODE.
(I) A PERSON WHOSE
RELIGION PROHIBITS THE PERSON FROM OBTAINING A LICENSE UNDER
THIS SECTION, IN PLACE OF A LICENSE, SHALL REGISTER WITH THE
DIRECTOR AS A PRODUCER; PROCESSOR; MILK DEALER; RAW MILK
RETAILER; WEIGHER, SAMPLER, OR TESTER; OR MILK HAULER.
THE PERSON CLAIMING THE EXEMPTION FROM LICENSURE SHALL
REGISTER ON A FORM PRESCRIBED BY THE DIRECTOR AND SHALL MEET ANY
OTHER REGISTRATION REQUIREMENTS CONTAINED IN RULES ADOPTED UNDER
SECTION 917.02 OF THE REVISED
CODE. UPON RECEIVING THE
PERSON'S REGISTRATION FORM AND DETERMINING THAT THE PERSON HAS
SATISFIED ALL REQUIREMENTS FOR REGISTRATION, THE DIRECTOR SHALL
NOTIFY THE PERSON THAT THE PERSON IS REGISTERED TO LAWFULLY
OPERATE AS A PRODUCER; PROCESSOR; MILK DEALER; RAW MILK
RETAILER; WEIGHER, SAMPLER, OR TESTER; OR MILK HAULER.
A REGISTRANT IS SUBJECT TO ALL PROVISIONS GOVERNING
LICENSEES, SUCH AS PROVISIONS CONCERNING TESTING, SAMPLING, AND
INSPECTION OF DAIRY PRODUCTS. A REGISTRANT IS SUBJECT TO
PROVISIONS GOVERNING ISSUANCE OF A TEMPORARY WEIGHER, SAMPLER,
OR TESTER LICENSE UNDER SECTION 917.091 OF THE
REVISED
CODE. A REGISTRATION SHALL BE
RENEWED, SUSPENDED, AND REVOKED UNDER THE SAME TERMS AS A
LICENSE.
Sec. 917.091. THE DIRECTOR OF AGRICULTURE MAY ISSUE A
TEMPORARY WEIGHER, SAMPLER, OR TESTER LICENSE TO AN APPLICANT
UPON DETERMINING THAT THE APPLICANT HAS MET ALL QUALIFICATIONS
FOR LICENSURE UNDER SECTION 917.09 OF THE
REVISED
CODE EXCEPT SUCCESSFUL
COMPLETION OF AN EXAMINATION. A TEMPORARY WEIGHER, SAMPLER, OR
TESTER LICENSE IS EFFECTIVE ONLY UNTIL THE DATE
OF THE NEXT EXAMINATION. AN APPLICANT WHO HAS NOT TAKEN AN
EXAMINATION FOR LICENSURE MAY RECEIVE NO MORE THAN THREE
TEMPORARY WEIGHER, SAMPLER, OR TESTER LICENSES. AN APPLICANT
WHO TAKES AND FAILS AN EXAMINATION FOR LICENSURE MAY RECEIVE NO
MORE THAN TWO TEMPORARY WEIGHER, SAMPLER, OR TESTER
LICENSES.
IF AN APPLICANT FOR A TEMPORARY WEIGHER, SAMPLER, OR
TESTER LICENSE PREVIOUSLY HELD A WEIGHER, SAMPLER, OR TESTER
LICENSE ISSUED UNDER SECTION 917.09 OF THE
REVISED
CODE, THE FOLLOWING SHALL
APPLY, AS APPROPRIATE:
(A) IN THE CASE OF A
LICENSE THAT EXPIRED NOT MORE THAN TWELVE MONTHS PREVIOUSLY, THE
APPLICANT SHALL SUBMIT AN APPLICATION AND THE APPROPRIATE FEE
BUT IS NOT REQUIRED TO TAKE AND PASS THE EXAMINATION.
(B) IN THE CASE OF A LICENSE THAT EXPIRED MORE THAN TWELVE
MONTHS PREVIOUSLY, THE APPLICANT SHALL SUBMIT AN APPLICATION AND
THE APPROPRIATE FEE AND SHALL TAKE AND PASS THE EXAMINATION.
THE APPLICANT MAY APPLY FOR AND RECEIVE LICENSES, BOTH TEMPORARY
AND PERMANENT, TO THE SAME EXTENT AS A NEW APPLICANT.
Sec. 917.10. (A) A PERSON
WHO MANUFACTURES FROZEN DESSERTS FOR SALE SHALL USE IN THE
MANUFACTURING ONLY MIXTURES IN WHICH THE DAIRY PRODUCTS, EGGS,
AND ANY OTHER INGREDIENT SPECIFIED BY THE DIRECTOR OF
AGRICULTURE HAVE BEEN PASTEURIZED IN ACCORDANCE WITH RULES
GOVERNING PASTEURIZATION ADOPTED UNDER SECTION 917.02 OF THE
REVISED
CODE. EXCEPT AS PROVIDED IN
DIVISION (B) OF THIS SECTION,
PASTEURIZATION SHALL OCCUR AT THE MILK PLANT WHERE RETAIL
PACKAGING OCCURS. REPASTEURIZATION IS NOT REQUIRED AT A RETAIL
ESTABLISHMENT.
(B) THE DIRECTOR MAY
ADOPT RULES AUTHORIZING PASTEURIZATION AT A MILK PLANT OTHER
THAN THE PLANT WHERE RETAIL PACKAGING OCCURS IF THE DIRECTOR
DETERMINES THAT THE FROZEN DESSERT IS HANDLED, TRANSPORTED, AND
STORED IN A MANNER THAT THE DIRECTOR DETERMINES TO BE SAFE AND
SUITABLE.
Sec. 917.11. ALL DAIRY PRODUCTS SHALL BE IDENTIFIED
DURING PROCESSING AND ALL PACKAGED PRODUCTS SHALL BE LABELED AND
BRANDED AS REQUIRED BY THIS CHAPTER AND
CHAPTER 3715. OF THE
REVISED
CODE AND RULES ADOPTED UNDER THOSE CHAPTERS, AND BY THE
"NUTRITION
LABELING AND
EDUCATION
ACT OF 1990," 104 STAT. 2353, 21 U.S.C.A. 343, AS AMENDED AND
REGULATIONS ADOPTED UNDER IT.
Sec. 917.16. (A) Sections 917.01 to 917.23, inclusive, of the Revised
Code THIS CHAPTER
shall not restrain, limit, prejudice, abrogate, or take from any co-operative
association the powers, privileges, and rights it has under sections 1729.01
to 1729.27, inclusive, of the Revised Code.
(B) Specifically, but without limiting division (A) of this section,
sections
917.01 to 917.23, inclusive, of the Revised Code, THIS CHAPTER
shall not derogate from or
prejudice any rights of any co-operative association, provided such
THAT THE
association and its employees comply with the licensing requirements.
Sec. 917.18. (A) AS USED IN THIS SECTION, "FAMILY MEMBER" MEANS
A SPOUSE; PERSON LIVING AS A SPOUSE; PARENT; CHILD; OTHER PERSON RELATED TO A
MILK PRODUCER OR RAW MILK RETAILER BY CONSANGUINITY OR AFFINITY; OR PARENT,
CHILD, OR OTHER PERSON RELATED TO A SPOUSE OR A PERSON LIVING AS A SPOUSE BY
CONSANGUINITY OR AFFINITY, WHO
IS RESIDING WITH A MILK PRODUCER OR RAW MILK RETAILER.
(B) UPON BECOMING AWARE THAT A FAMILY MEMBER OR EMPLOYEE WHO
HANDLES OR IS LIKELY TO HANDLE GRADE A MILK, MANUFACTURE MILK, RAW
MILK FOR SALE TO THE ULTIMATE CONSUMER, OR EQUIPMENT USED IN THE HANDLING OF
ANY SUCH MILK, ON THE MILK PRODUCER'S OR RAW MILK RETAILER'S PREMISES HAS
CONTRACTED OR BEEN DIAGNOSED WITH A
DANGEROUS, CONTAGIOUS, OR INFECTIOUS DISEASE, THE MILK PRODUCER
OR RAW MILK RETAILER IMMEDIATELY SHALL NOTIFY THE DIRECTOR OF
AGRICULTURE AND THE HEALTH COMMISSIONER OF THE CITY HEALTH
DISTRICT OR GENERAL HEALTH DISTRICT IN WHICH ITS DAIRY PRODUCTS
ARE SOLD OR OFFERED FOR SALE, ADVISING BOTH OFFICIALS OF THE
FACTS OF THE CASE. THE DIRECTOR MAY ORDER THAT THE SALE OF THE
DAIRY PRODUCTS BE STOPPED PENDING AN INVESTIGATION AND FOR ANY
TIME THEREAFTER THAT THE DIRECTOR REQUIRES. IF THE DIRECTOR
DETERMINES THAT AN INVESTIGATION IS CALLED FOR, THE DIRECTOR OR
THE DIRECTOR'S AUTHORIZED REPRESENTATIVE SHALL INVESTIGATE
WITHOUT DELAY, AND THE DIRECTOR MAY PLACE AN EMBARGO OR MAKE AND
ENFORCE ORDERS, WITHOUT A HEARING, TO PREVENT THE SALE
OF DAIRY PRODUCTS THAT CONSTITUTE ADULTERATED FOOD AS
DESCRIBED IN SECTION 3715.59 OF THE
REVISED
CODE.
Sec. 917.19. THE FOLLOWING ITEMS SHALL BE SUBJECT TO
INSPECTION BY A PERSON DESIGNATED BY THE DIRECTOR OF
AGRICULTURE:
(A) MILK PLANT
FACILITIES AND EQUIPMENT;
(B) VEHICLES AND
CONTAINERS USED BY MILK HAULERS;
(C) DAIRY FARMS,
INCLUDING DAIRY ANIMALS, STABLES, MILK PARLORS, MILK HOUSES, AND
MILK VESSELS OF MILK PRODUCERS.
THE INSPECTOR, WHILE IN THE NORMAL, LAWFUL, AND PEACEFUL
PURSUIT OF INSPECTION DUTIES, MAY ENTER UPON, CROSS OVER, AND
REMAIN UPON PRIVATELY OWNED LANDS FOR THOSE PURPOSES AND SHALL
NOT BE SUBJECT TO ARREST FOR TRESPASS.
Sec. 917.20. A TEST REPORT OR DOCUMENT PREPARED BY AN
ANALYST WHO IS EMPLOYED OR DESIGNATED BY THE DIRECTOR OF
AGRICULTURE AND WHO TESTED A SAMPLE SHALL BE ADMISSIBLE AS
EVIDENCE IN A PROSECUTION FOR A VIOLATION OF A STATUTE OR RULE,
PROVIDED THAT THE REPORT OR DOCUMENT CONTAINS A SWORN STATEMENT, SIGNED BY THE
ANALYST,
THAT THE REPORT OR DOCUMENT ACCURATELY CONTAINS OR REPRESENTS THE FINDINGS OR
CONCLUSIONS OF THE ANALYST.
Sec. 917.21. IN ADDITION TO OTHER REMEDIES PROVIDED BY LAW AND
IRRESPECTIVE OF WHETHER AN ADEQUATE REMEDY AT LAW EXISTS, THE
DIRECTOR OF AGRICULTURE MAY APPLY TO THE COURT OF COMMON PLEAS
OF A COUNTY IN WHICH A VIOLATION OF
THIS CHAPTER OR RULES ADOPTED UNDER IT
OCCURS FOR A TEMPORARY OR PERMANENT INJUNCTION OR OTHER
APPROPRIATE RELIEF CONCERNING THE VIOLATION.
Sec. 917.22. (A)(1) THE
DIRECTOR OF AGRICULTURE MAY DENY, SUSPEND, OR REVOKE A LICENSE
ISSUED UNDER THIS CHAPTER FOR A VIOLATION OF THIS CHAPTER OR
THE RULES ADOPTED UNDER IT. EXCEPT AS PROVIDED IN DIVISION
(A)(2) OF THIS SECTION, THE
DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE IS NOT EFFECTIVE
UNTIL THE LICENSEE IS GIVEN WRITTEN NOTICE OF THE VIOLATION, A
REASONABLE AMOUNT OF TIME TO CORRECT THE VIOLATION, AND AN
OPPORTUNITY FOR A HEARING.
(2) IF THE DIRECTOR DETERMINES THAT A DAIRY PRODUCT
CONSTITUTES ADULTERATED FOOD AS DESCRIBED IN SECTION 3715.59 OF
THE REVISED
CODE OR EXCEEDS BACTERIAL OR
CHEMICAL STANDARDS ESTABLISHED BY RULES ADOPTED UNDER THIS
CHAPTER, OR THAT AN EMERGENCY EXISTS THAT PRESENTS A CLEAR AND
PRESENT DANGER TO THE PUBLIC HEALTH, THE DIRECTOR MAY DENY,
SUSPEND, OR REVOKE A LICENSE, EFFECTIVE IMMEDIATELY WITHOUT A
HEARING, PROVIDED THAT AN OPPORTUNITY FOR A HEARING SHALL BE
AFFORDED THEREAFTER WITHOUT DELAY.
(B) ALL PROCEEDINGS
UNDER THIS CHAPTER SHALL COMPLY WITH
CHAPTER 119. OF THE
REVISED
CODE, EXCEPT THAT:
(1) THE LOCATION OF ANY ADJUDICATORY HEARING THAT THE
LICENSEE REQUESTS SHALL BE THE COUNTY SEAT OF THE COUNTY IN
WHICH IS LOCATED THE LICENSEE'S FACILITY THAT IS INVOLVED IN THE
ALLEGED VIOLATION.
(2) THE DIRECTOR SHALL NOTIFY A LICENSEE BY CERTIFIED
MAIL OR PERSONAL DELIVERY THAT THE LICENSEE IS CONDITIONALLY
ENTITLED TO A HEARING. THE DIRECTOR SHALL SPECIFY IN THE NOTICE
THAT, IN ORDER TO OBTAIN A HEARING, THE LICENSEE MUST REQUEST
THE HEARING NOT LATER THAN TEN DAYS AFTER THE DATE OF RECEIPT OF
THE NOTICE.
(3) IF THE LICENSEE REQUESTS A HEARING, THE DATE SET FOR
THE HEARING SHALL BE NO LATER THAN TEN DAYS AFTER THE DATE ON
WHICH THE DIRECTOR RECEIVES THE REQUEST, UNLESS THE DIRECTOR AND
THE LICENSEE AGREE OTHERWISE.
(4) THE DIRECTOR SHALL NOT POSTPONE OR CONTINUE AN
ADJUDICATION HEARING WITHOUT THE CONSENT OF THE LICENSEE. IF
THE LICENSEE REQUESTS A POSTPONEMENT OR CONTINUATION OF AN
ADJUDICATION HEARING, THE DIRECTOR SHALL NOT GRANT IT UNLESS THE
LICENSEE DEMONSTRATES THAT AN EXTREME HARDSHIP WILL BE INCURRED
IN HOLDING THE ADJUDICATION HEARING ON THAT HEARING DATE. IF THE DIRECTOR
GRANTS A
POSTPONEMENT OR CONTINUATION ON THE GROUNDS OF EXTREME
HARDSHIP TO THE LICENSEE, THE RECORD SHALL DOCUMENT THE NATURE
AND CAUSE OF THE EXTREME HARDSHIP.
(5) IN LIEU OF HAVING A HEARING AND UPON THE LICENSEE'S
WRITTEN REQUEST TO THE DIRECTOR, THE LICENSEE MAY SUBMIT TO THE
DIRECTOR, NOT LATER THAN THE DATE OF THE HEARING SET PURSUANT TO
DIVISION (B)(3) OF THIS
SECTION, DOCUMENTS, PAPERS, AND OTHER WRITTEN EVIDENCE TO
SUPPORT THE LICENSEE'S CLAIM.
(6) IF THE DIRECTOR APPOINTS A REFEREE OR EXAMINER TO
CONDUCT THE HEARING, THE FOLLOWING APPLY:
(a) A COPY OF THE WRITTEN ADJUDICATION REPORT AND
RECOMMENDATIONS OF THE REFEREE OR EXAMINER SHALL BE SERVED BY
CERTIFIED MAIL UPON THE DIRECTOR AND THE LICENSEE OR THE
LICENSEE'S ATTORNEY OR OTHER REPRESENTATIVE OF RECORD NOT LATER
THAN THREE BUSINESS DAYS FOLLOWING THE CONCLUSION OF THE
HEARING.
(b) NOT LATER THAN THREE BUSINESS DAYS AFTER
RECEIPT OF THE REPORT AND RECOMMENDATIONS, THE LICENSEE MAY FILE
WITH THE DIRECTOR WRITTEN OBJECTIONS TO THE REPORT AND
RECOMMENDATIONS.
(c) THE DIRECTOR SHALL CONSIDER THE OBJECTIONS
SUBMITTED BY THE LICENSEE BEFORE APPROVING, MODIFYING, OR
DISAPPROVING THE REPORT AND RECOMMENDATIONS. THE DIRECTOR SHALL
SERVE THE DIRECTOR'S ORDER UPON THE LICENSEE OR THE LICENSEE'S
ATTORNEY OR OTHER REPRESENTATIVE OF RECORD BY CERTIFIED MAIL NOT
LATER THAN SIX BUSINESS DAYS AFTER RECEIVING THE REPORT.
(7) IF THE DIRECTOR CONDUCTS THE HEARING, THE DIRECTOR
SHALL SERVE THE DIRECTOR'S DECISION BY CERTIFIED MAIL UPON THE
LICENSEE OR THE LICENSEE'S ATTORNEY OR OTHER REPRESENTATIVE OF
RECORD NOT LATER THAN THREE BUSINESS DAYS FOLLOWING THE CLOSE OF
THE HEARING.
(8) IF NO HEARING IS HELD, THE DIRECTOR SHALL ISSUE AN
ORDER BY CERTIFIED MAIL TO THE LICENSEE OR THE LICENSEE'S
ATTORNEY OR OTHER REPRESENTATIVE OF RECORD NOT LATER THAN THREE
BUSINESS DAYS FOLLOWING THE LAST DATE POSSIBLE FOR A HEARING,
BASED ON THE RECORD THAT IS AVAILABLE.
Sec. 917.23. (A) WITH RESPECT TO
COOLING AND STORAGE OF MANUFACTURE MILK, A MANUFACTURE MILK
PRODUCER SHALL DO ONE OF THE FOLLOWING:
(1) IN THE CASE OF MANUFACTURE MILK THAT IS STORED IN
CANS ON THE MANUFACTURE MILK PRODUCER'S FARM, COOL THE MILK TO
AND STORE IT AT A TEMPERATURE OF SIXTY DEGREES
FAHRENHEIT, SIXTEEN DEGREES
CELSIUS, OR LOWER WITHIN
TWO HOURS AFTER COMPLETION OF THE MILKING;
(2) IN THE CASE OF ALL OTHER MANUFACTURE MILK THAT IS
STORED ON THE MANUFACTURE MILK PRODUCER'S FARM, COOL THE MILK
AND STORE IT IN ACCORDANCE WITH RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE
PURSUANT TO SECTION 917.02 OF THE
REVISED
CODE.
(B) MANUFACTURE MILK
STORED IN ACCORDANCE WITH DIVISION
(A)(1) OF THIS SECTION SHALL BE
USED EXCLUSIVELY IN THE MANUFACTURE OF CHEESE. THE BY-PRODUCTS
CREATED FROM THE MANUFACTURE OF CHEESE MAY BE USED TO
MANUFACTURE BUTTER AND DRIED WHEY PRODUCTS.
(C) THIS SECTION DOES
NOT APPLY TO RAW MILK THAT IS DELIVERED TO A MANUFACTURE MILK
PLANT NOT LATER THAN TWO HOURS AFTER COMPLETION OF
MILKING.
Sec. 917.99. (A) Whoever violates DIVISION (C) OF section
917.17 917.09 of the Revised Code shall
be fined not less than one hundred nor more than one thousand dollars
IS GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE ON A FIRST OFFENSE AND A
MISDEMEANOR OF THE FIRST DEGREE ON EACH SUBSEQUENT OFFENSE.
(B) Whoever violates
section 917.18 or 917.20 917.13 OR 917.14
of the Revised Code is guilty
of a misdemeanor of the fourth FIRST degree
ON A FIRST OFFENSE, A FELONY OF THE FIFTH DEGREE ON A
SECOND OFFENSE, AND A FELONY OF THE FOURTH DEGREE ON EACH
SUBSEQUENT OFFENSE.
(C) Whoever violates DIVISION (A), (B),
(C), (D), OR (G) OF section 917.19
917.05 of the Revised Code
is guilty of a minor
misdemeanor OF THE FOURTH DEGREE.
(D) WHOEVER VIOLATES
DIVISION (E) OR
(F) OF SECTION 917.05 OF THE
REVISED
CODE IS GUILTY OF A MISDEMEANOR OF
THE SECOND DEGREE ON A FIRST OFFENSE AND A MISDEMEANOR OF THE FIRST
DEGREE ON EACH SUBSEQUENT OFFENSE.
(E) EACH DAY OF
VIOLATION OF A PROVISION DESCRIBED IN DIVISIONS
(A) TO
(D) OF THIS SECTION CONSTITUTES
A SEPARATE OFFENSE.
(F) THE COURT IMPOSING A FINE UNDER DIVISIONS (A) TO
(D) OF THIS SECTION SHALL ORDER THAT NOT LESS THAN FIFTY PER CENT OF
THE FINE
BE DISBURSED TO THE TREASURER OF STATE FOR
DEPOSIT INTO THE DAIRY FUND CREATED IN SECTION 917.07 OF THE
REVISED
CODE. SUBJECT TO THAT MINIMUM PERCENTAGE, THE COURT'S ORDER SHALL
SPECIFY THE PERCENTAGE OF THE FINE THAT THE CLERK OF THE COURT SHALL DISBURSE
TO THE TREASURER OF STATE. THE CLERK OF THE COURT SHALL DISBURSE THE
REMAINDER OF THE FINE TO THE COUNTY TREASURER.
Sec. 3707.33. The board of health of a city or general health district may
appoint, define the duties of, and fix the compensation of the number of
inspectors of shops, wagons, appliances, and meat, and the number of other
persons necessary to carry out Chapter 3707. of the Revised Code
THIS CHAPTER and,
IF APPLICABLE, to carry out any duties assumed by the board
under an agreement entered into under DIVISION (B) OF section
3717.63 917.02 of the
Revised Code. Inspectors for those purposes may enter
any house, vehicle, or yard. The board may authorize the health commissioner
to perform the duties of the inspectors.
Sec. 3707.34. The board of health of a city or general health district may
keep for public inspection a record of the names, residences, and places of
business of all persons engaged in the sale of milk or meat and may require
permits, after inspection, other than an inspection conducted BY THE
BOARD under AN AGREEMENT ENTERED INTO UNDER DIVISION (B)
OF section 3717.63 917.02 of the Revised Code, to vend
either milk or meat to be renewed
seminannually SEMIANNUALLY, for which a charge of not more than
fifty cents may be made.
The board may require a certificate from a licensed veterinarian that the cows
furnishing milk brought for sale within its jurisdiction are free from
tuberculosis or other dangerous disease.
Not later than the first day of September each year, the boards of health
shall forward to the director of agriculture an updated copy of all records
kept as required by this division.
Sec. 3715.02. (A) The director of agriculture shall ADOPT
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED
CODE THAT establish standards of quality, WHEN
OTHERWISE NOT ESTABLISHED BY A
LAW OF THIS STATE, DEFINITIONS FOR A FOOD OR CLASS OF FOOD
AND STANDARDS FOR THE FOLLOWING ITEMS AS THEY
PERTAIN TO THE FOOD OR CLASS OF FOOD:
(1) QUALITY, IDENTITY, purity, GRADE, and
strength for foods, when those
standards are not otherwise established by any law of this state.
The;
(2) PACKAGING AND LABELING;
(3) FOOD PROCESSING EQUIPMENT;
(4) PROCESSING PROCEDURES;
(5) FILL OF CONTAINERS.
THE standards AND DEFINITIONS, WHERE APPLICABLE, shall
conform to the standards for foods adopted by the United States department of
agriculture and the United States food and drug administration. The
director shall adopt uniform rules that he considers necessary for the
enforcement of the food, drug, dairy, and sanitary laws of this state.
The rules, where applicable, shall conform to and be the same as the
regulations adopted for the enforcement of the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301 et
seq., as amended.
(B) THE
DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH
CHAPTER 119. OF THE
REVISED
CODE THAT ESTABLISH, WHEN
OTHERWISE NOT ESTABLISHED BY A LAW OF THIS STATE, STANDARDS FOR
FOOD ESTABLISHMENT FACILITIES AND SANITATION OF FOOD
ESTABLISHMENTS.
AS USED IN THIS DIVISION, "FOOD ESTABLISHMENT" MEANS A
PREMISES OR PART OF A PREMISES, OTHER THAN A FOOD SERVICE
OPERATION AS DEFINED IN SECTION 3732.01 OF THE
REVISED
CODE, WHERE FOOD IS PREPARED,
PROCESSED, STORED, MANUFACTURED, TRANSPORTED, OR OTHERWISE HELD
OR HANDLED FOR SALE OR DISTRIBUTION.
(C) IN ADOPTING RULES THAT ESTABLISH
DEFINITIONS AND STANDARDS OF IDENTITY FOR A FOOD OR CLASS OF
FOOD IN WHICH ONLY A LIMITED NUMBER OF OPTIONAL INGREDIENTS ARE
PERMITTED, THE DIRECTOR SHALL DESIGNATE THE OPTIONAL INGREDIENTS
THAT MUST BE LISTED ON THE LABEL.
(D) The director or his THE DIRECTOR'S designee shall
do all of the
following:
(A)(1) Inspect drugs, butter, cheese, lard, syrup, milk,
and
other articles of food, or drink made MANUFACTURED,
STORED, or offered for sale in the
state;
(B)(2) Prosecute or cause to be prosecuted each person,
firm, or corporation engaged in the unlawful manufacture or sale of an
adulterated drug or article of food or drink, in violation of
law;
(C)(3) Enforce all laws against fraud, adulteration, or
impurities in foods, drinks, or drugs, FOODS, OR DRINKS and
unlawful labeling within the state.
(E) THE DIRECTOR MAY APPOINT OR
CONTRACT FOR ONE OR MORE QUALIFIED PERSONS TO ENFORCE THE
PROVISIONS OF THIS CHAPTER.
Sec. 3715.21. (A)(1) EXCEPT AS
PROVIDED IN DIVISION (E) OF THIS SECTION OR DIVISION (B) OF
SECTION 3732.07 OF THE REVISED CODE, NO PERSON REGULARLY
SHALL
ENGAGE IN THE BUSINESS OF OPERATING ONE OR MORE RETAIL FROZEN DESSERT FREEZERS
FOR THE PURPOSE OF FREEZING, REFREEZING, OR HOLDING
FROZEN ANY FROZEN DESSERT TO BE SOLD AT RETAIL WITHOUT FIRST
OBTAINING A LICENSE FOR THE OPERATION OF ALL FREEZERS FROM THE
DIRECTOR OF AGRICULTURE. APPLICATION FOR THE LICENSE SHALL BE
MADE TO THE DIRECTOR IN THE MANNER THAT THE DIRECTOR
PRESCRIBES.
(2) AN APPLICATION FOR THE UPCOMING LICENSE YEAR FILED
WITH THE DIRECTOR ON OR BEFORE THE THIRTY-FIRST DAY OF
MAY SHALL BE ACCOMPANIED BY
A FEE OF TWENTY-FIVE DOLLARS FOR EACH FREEZER. A LATE APPLICATION
FILED WITH THE DIRECTOR AFTER THE THIRTY-FIRST DAY OF
MAY, BUT ON OR BEFORE THE THIRTIETH DAY OF
JUNE, SHALL BE ACCOMPANIED BY
A FEE OF FIFTY DOLLARS FOR EACH FREEZER. A LATE APPLICATION
FILED WITH THE DIRECTOR AFTER THE THIRTIETH DAY OF
JUNE, BUT ON OR BEFORE THE THIRTY-FIRST DAY OF
AUGUST, SHALL BE ACCOMPANIED
BY A FEE OF SEVENTY-FIVE DOLLARS FOR EACH FREEZER. A LATE
APPLICATION FILED WITH THE DIRECTOR AFTER THE THIRTY-FIRST DAY OF
AUGUST SHALL BE ACCOMPANIED
BY A FEE OF ONE HUNDRED DOLLARS FOR EACH FREEZER.
(B) FOLLOWING RECEIPT OF
THE APPLICATION AND THE APPLICABLE FEE, BUT PRIOR TO ISSUING THE
INITIAL LICENSE, THE DIRECTOR SHALL INSPECT THE APPLICANT'S
EQUIPMENT AND FACILITIES TO DETERMINE THEIR SANITARY CONDITION.
IF THE DIRECTOR FINDS THAT THE SANITARY CONDITION OF THE
EQUIPMENT AND FACILITIES COMPLIES WITH THE DIRECTOR'S RULES ESTABLISHING
SANITARY STANDARDS APPLICABLE TO RETAIL FROZEN DESSERT FREEZERS, THE DIRECTOR
SHALL ISSUE A
LICENSE.
(C) THE LICENSE SHALL
EXPIRE ON THE THIRTY-FIRST DAY OF MAY OF EACH YEAR,
UNLESS RENEWED IN ACCORDANCE WITH THE STANDARD RENEWAL PROCEDURES
SET FORTH IN CHAPTER 4745. OF
THE REVISED
CODE. THE DIRECTOR SHALL NOT
RENEW A LICENSE UNLESS THE APPLICANT FOR THE RENEWAL HAS
SUBMITTED A PROPERLY COMPLETED APPLICATION AND HAS PAID THE
REQUIRED RENEWAL FEE.
(D) ALL FEES COLLECTED
UNDER THIS DIVISION SHALL BE DEPOSITED TO THE CREDIT OF THE FOOD
SAFETY FUND CREATED IN SECTION 915.24 OF THE
REVISED
CODE.
(E) A HOLDER OF A
VALID PROCESSOR LICENSE OR REGISTRATION ISSUED UNDER SECTION
917.09 OF THE REVISED
CODE WHO SELLS FROZEN DESSERTS
AT RETAIL ON THE PREMISES OF THE MILK PLANT WHERE THE FROZEN
DESSERTS ARE MANUFACTURED IS NOT REQUIRED TO OBTAIN A LICENSE
UNDER DIVISION (A) OF THIS
SECTION FOR ANY OF THE FROZEN DESSERT FREEZERS LOCATED ON THE
PREMISES OF THAT MILK PLANT.
(F) THIS SECTION DOES
NOT APPLY TO A PERSON WHO SELLS FROZEN DESSERTS AT RETAIL IN A
PACKAGE LABELED FOR SALE TO THE CONSUMER, PROVIDED THAT THE
FROZEN DESSERT WAS PACKAGED BY A PERSON HOLDING A VALID
PROCESSOR LICENSE OR REGISTRATION ISSUED UNDER SECTION 917.09 OF
THE REVISED
CODE.
Sec. 3715.211. THE DIRECTOR OF AGRICULTURE, IN
ACCORDANCE WITH CHAPTER 119. OF
THE REVISED
CODE, MAY SUSPEND, REVOKE, OR
DENY A RETAIL FROZEN DESSERT FREEZER LICENSE ISSUED UNDER
SECTION 3715.21 OF THE REVISED
CODE OR FOR WHICH AN
APPLICATION WAS SUBMITTED UNDER THAT SECTION AFTER FINDING THAT
THE LICENSEE OR APPLICANT HAS FAILED TO COMPLY WITH THAT SECTION
OR ANY RULES ADOPTED BY THE DIRECTOR ESTABLISHING SANITARY
STANDARDS APPLICABLE TO RETAIL FROZEN DESSERT FREEZERS.
Sec. 3715.24. (A) AS USED IN
THIS SECTION AND SECTION 3715.25 OF THE
REVISED
CODE:
(1) "GRADE" MEANS STANDARDS FOR GRADES OF MAPLE SYRUP
ADOPTED BY THE UNITED
STATES DEPARTMENT OF
AGRICULTURE AND ACCEPTED BY THE DIRECTOR OF AGRICULTURE OR
GRADES AS DEFINED IN RULES ADOPTED BY THE DIRECTOR.
(2) "MAPLE PRODUCTS" MEANS MAPLE SYRUP, MAPLE SUGAR,
MAPLE CREAM, OR ANY OTHER PRODUCT IN WHICH THE SUGAR CONTENT IS
ENTIRELY DERIVED FROM PURE MAPLE SAP AND TO WHICH NO OTHER
SWEETENER HAS BEEN ADDED.
(3) "MAPLE SAP" MEANS THE UNPROCESSED LIQUID DERIVED
FROM THE MAPLE TREE OF THE ACER SPECIES.
(4) "MAPLE SUGAR" OR "MAPLE CONCRETE" MEANS THE SOLID,
CRYSTALLINE PRODUCTS DERIVED FROM PURE MAPLE SAP.
(5) "MAPLE SYRUP" MEANS THE UNADULTERATED LIQUID FOOD
DERIVED BY CONCENTRATION AND HEAT TREATMENT OF PURE MAPLE SAP OR
BY RECONSTITUTING MAPLE SUGAR OR MAPLE CONCRETE WITH WATER TO
A DENSITY OF NOT LESS THAN SIXTY-SIX DEGREES ON THE
BRIX SCALE AT SIXTY-EIGHT
DEGREES FAHRENHEIT AND ANY
PERMITTED OPTIONAL INGREDIENTS.
(6) "PACKAGE" MEANS A CONTAINER, EQUAL TO OR LESS THAN
FIVE GALLONS IN VOLUME, INTENDED TO BE SOLD TO INDIVIDUALS OR
COMMERCIAL BUSINESSES FOR USE WITHOUT FURTHER PROCESSING OR
REPACKAGING OF THE CONTENTS.
(B) THE DIRECTOR OF
AGRICULTURE SHALL ADOPT RULES IN ACCORDANCE WITH
CHAPTER 119. OF THE
REVISED
CODE THAT ESTABLISH VOLUNTARY GRADES, AUTHORIZED OPTIONAL
INGREDIENTS, STANDARDS FOR FILL OF CONTAINERS,
AND STANDARDS OF WEIGHT FOR THE SALE OF MAPLE PRODUCTS IN THIS
STATE AND THAT SPECIFY THE ANALYTICAL TESTS TO BE USED FOR DETERMINING
COMPLIANCE WITH THOSE VOLUNTARY GRADE REQUIREMENTS.
(C) THE DIRECTOR SHALL
DEVELOP AND MAINTAIN LABORATORY FACILITIES, EQUIPMENT, AND
PROCEDURES SUFFICIENT TO DETERMINE WHETHER MAPLE SYRUP COMPLIES WITH THE
REQUIREMENTS RELATIVE TO STANDARDS AND GRADES IN THIS
CHAPTER AND THE RULES ADOPTED UNDER IT.
Sec. 3715.25. (A) No person shall manufacture for sale,
offer for sale, have in
his possession POSSESS with intent to sell, or sell,
or deliver, as and for maple syrup
or A maple sugar, an adulteration thereof
PRODUCT THAT IS ADULTERATED AS DESCRIBED IN SECTION
3715.59 OF THE REVISED
CODE OR IS MISBRANDED AS DESCRIBED
IN SECTION 3715.60 OF THE
REVISED
CODE.
(B) NO PERSON SHALL OFFER FOR SALE,
POSSESS WITH INTENT TO SELL, SELL, OR DELIVER AN ADULTERATION OF
A MAPLE PRODUCT IN A PACKAGE HAVING THE WORD "MAPLE" OR A
COMPOUND THEREOF, AS THE NAME OR PART OF THE NAME OF THE
CONTENTS OF THE PACKAGE, OR IN A PACKAGE BEARING A DEVICE OR
ILLUSTRATION SUGGESTIVE OF A MAPLE PRODUCT OR THE MANUFACTURE OF
A MAPLE PRODUCT.
(C) NO PERSON SHALL SELL, DELIVER,
OFFER FOR SALE, OR POSSESS WITH INTENT TO SELL A PACKAGED MAPLE
PRODUCT WITHOUT A LABEL THAT COMPLIES WITH RULES ADOPTED UNDER SECTION
3715.02 OF THE REVISED CODE.
(D) NO PERSON SHALL REPRESENT AN
IMITATION MAPLE PRODUCT, AS DEFINED IN RULES ADOPTED UNDER SECTION 3715.02 OF
THE REVISED CODE, AS A MAPLE PRODUCT.
Sec. 3715.27. (A) AS USED IN
THIS SECTION, "CIDER" MEANS THE UNFERMENTED JUICE, OBTAINED BY
MECHANICALLY EXPRESSING THE JUICE FROM SOUND, MATURE,
NON-CITRUS FRUIT, FROM WHICH IS REMOVED EXCESS PULP AND SEEDS,
OTHER THAN EMBRYONIC SEEDS AND SMALL FRAGMENTS OF SEEDS THAT
CANNOT BE SEPARATED BY GOOD MANUFACTURING PRACTICE. THE CIDER
MAY CONTAIN NATURAL OR ARTIFICIAL CITRIC ACID, PRESERVATIVES AUTHORIZED BY
RULES ADOPTED UNDER SECTION 3715.02 OF THE REVISED CODE, OR
A COMBINATION THEREOF.
(B) FOR THE MANUFACTURE
OF APPLE CIDER, A MECHANICAL WASHING AND SCRUBBING DEVICE SHALL
BE USED TO REMOVE ORCHARD SOIL AND DIRT FROM THE FRUIT PRIOR TO
CRUSHING. THIS DEVICE SHALL BE EQUIPPED WITH AUTOMATIC
SCRUBBING BRUSHES AND A MEANS TO CHLORINATE THE WATER USED AS
THE WASHING LIQUID.
(C) A COMPLETE LABEL
THAT COMPLIES WITH RULES ADOPTED UNDER SECTION
3715.02 OF THE REVISED
CODE SHALL BE
PLACED ON EACH PACKAGE OF CIDER DESIGNED FOR SALE TO THE ULTIMATE
CONSUMER.
(D) NO PERSON SHALL FAIL TO COMPLY WITH DIVISION (B)
OR (C) OF THIS SECTION.
Sec. 3715.59. Food is adulterated within the meaning of sections 3715.01,
3715.02, and
3715.52 to 3715.72, inclusive, of the Revised Code, if:
(A) It bears or contains any poisonous or deleterious substance which may
render it injurious to health; but in case the substance is not an added
substance, such food shall not be considered adulterated if the quantity of
such substance in such food does not ordinarily render it injurious to health.
(B) It bears or contains any added poisonous or added deleterious substance
which is unsafe within the meaning of section 3715.62 of the Revised Code.
(C) It consists in whole or in part of a diseased, contaminated, filthy,
putrid, or decomposed substance, or if it is otherwise unfit for food.
(D) It has been produced, processed, prepared, packed, or held under
insanitary conditions whereby it may have become contaminated with filth, or
whereby it may have been rendered diseased, unwholesome, or injurious to
health.
(E) It is the product of a diseased animal or an animal which has died
otherwise than by slaughter, or that has been fed upon the uncooked offal from
a slaughterhouse.
(F) Its container is composed, in whole or in part, of any poisonous or
deleterious substance which may render the contents injurious to health.
(G) Any valuable constituent has been, in whole or in part, omitted or
abstracted therefrom.
(H) Any substance has been substituted wholly or in part therefor.
(I) Damage or inferiority has been concealed in any manner.
(J) Any substance has been added thereto or mixed or packed therewith so as
to increase its bulk or weight, or reduce its quality or strength or make it
appear better or of greater value than it is.
(K) It is confectionery, and it bears or contains any alcohol or nonnutritive
article or substance except harmless coloring, harmless flavoring, harmless
resinous glaze not in excess of four-tenths of one per cent, harmless natural
wax not in excess of four-tenths of one per cent, harmless natural gum, and
pectin; provided, that this division shall not apply to any confectionery by
reason of its containing less than one-half of one per cent by volume of
alcohol derived solely from the use of flavoring extracts, or to any chewing
gum by reason of its containing harmless nonnutritive masticatory substances.
(L) It bears or contains a coal-tar color other than one from a batch which
has been certified under authority of the "Federal Food, Drug and Cosmetic
Act."
Sec. 3715.60. Food is misbranded within the meaning of
sections 3715.01, 3715.02, and 3715.52 to 3715.72,
inclusive, of the
Revised Code, if:
(A) Its labeling is false or misleading in any particular.
(B) It is offered for sale under the name of another food.
(C) Its container is so made, formed, or filled as to be
misleading.
(D) It is an imitation of another food, unless its label
bears in type of uniform size and prominence, the word
"imitation," and immediately thereafter the name of the food
imitated.
(E) When it is in package form, it does not bear a label
containing:
(1) The name and place of business of the manufacturer,
packer, or distributor;
(2) An accurate statement of the quantity of the contents
in terms of weight, measure, or numerical count; provided, that
reasonable variations shall be permitted, and exemptions as to
small packages shall be established by regulations prescribed RULES
ADOPTED by
the director of agriculture.
(F) Any word, statement, or other information required by
or under authority of sections 3715.01, 3715.02, and 3715.52
to 3715.72,
inclusive, of the Revised Code, to appear on the label or
labeling is not prominently placed thereon with such
conspicuousness as compared with other words, statements,
designs, or devices, in the labeling, and in such terms as to
render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
(G) It purports to be, or is represented as, a food for
which a definition and standard of identity have been prescribed
by law STATUTE, or by any regulation promulgated RULE
ADOPTED under AN existing law STATUTE, or
by regulations RULE as provided by section 3715.58
3715.02 of the Revised
Code, unless:
(1) It conforms to such definition and standard;.
(2) Its label bears the name of the food specified in the
definition and standard, and, insofar as may be required by such
law STATUTE or regulations RULES, the common names
of optional ingredients,
other than spices, flavoring, and coloring, present in such food.
(H) It purports to be or is represented as:
(1) A food for which a standard of quality has been
prescribed by regulations RULE as provided by section
3715.58 3715.02 of the
Revised Code and its quality falls below such THE standard
unless its
label bears, in such THE manner and form as such
regulations THAT THE RULES specify,
a statement that it falls below such THE standard;
(2) A food for which a standard or standards of fill of
container have been prescribed by regulations RULE as provided
by
section 3715.58 3715.02 of the Revised Code, and it falls
below the
standard of fill of container applicable thereto, unless its
label bears, in such THE manner and form as such
regulations THAT THE RULES specify,
a statement that it falls below such THE standard.
(I) It is not subject to the provisions of division (G) of
this section, unless it bears labeling clearly giving:
(1) The common or usual name of the food, if any;
(2) In case it is fabricated from two or more ingredients,
the common or usual name of each such ingredient; except that
spices, flavorings, and colorings, other than those sold as such,
may be designated as spices, flavorings, and colorings, without
naming each; provided, that, to the extent that compliance with
the requirements of division (I)(2) of this section is
impractical or results in deception or unfair competition,
exemptions shall be established by regulations promulgated RULES
ADOPTED by the
director; and provided that these requirements shall not apply to
any carbonated beverage of which a full and correct statement of
the ingredients, to the extent prescribed by division (I)(2) of
this section, has been filed under oath with the director.
(J) It purports to be or is represented to be for special
dietary uses, unless its label bears such information concerning
its vitamin, mineral, and other dietary properties as is provided
by regulations RULES proposed by the director and adopted by the
public
health council, as necessary, in order to fully inform purchasers
as to its value for such uses.
(K) It bears or contains any artificial flavoring,
artificial coloring, or chemical preservative, unless it bears
labeling stating that fact; provided, that to the extent that
compliance with the requirements of this division is
impracticable, exemptions shall be established by regulations
RULES proposed by the director and adopted by the public health
council.
Sec. 3715.69. The authority to adopt regulations RULES for the
enforcement of
section 3715.58 3715.02, divisions
(E), (G), (H), and (I) of section 3715.60,
division
(A) (2) of section 3715.64, and section 3715.67 of the Revised Code is vested
in the director of agriculture. The authority to adopt regulations
RULES for the
enforcement of sections 3715.01 and 3715.52 to 3715.72, inclusive, of
the
Revised Code, excluding section 3715.58, divisions (E), (G), (H), and
(I) of
section 3715.60, division (A) (2) of section 3715.64, and section 3715.67 of
the Revised Code, is vested in the public health council, provided that
such
regulations THE RULES are first proposed for adoption by the
director or the board of
pharmacy. The regulations RULES adopted in so far as
practicable shall conform with
those promulgated under the "Federal Food, Drug and Cosmetic
Act," 52 STAT. 1040 (1938), 21
U.S.C.A. 301-395(1996)."
Sec. 3715.99. (A) Whoever violates sections 3715.13 to
3715.19, or 3715.38 of the Revised Code is
guilty of a minor misdemeanor.
(B) WHOEVER VIOLATES SECTION 3715.21 of the Revised Code IS GUILTY OF A MISDEMEANOR OF
THE SECOND DEGREE ON A FIRST OFFENSE AND A MISDEMEANOR OF THE FIRST DEGREE ON
EACH SUBSEQUENT OFFENSE.
(C) Whoever violates section 3715.22, 3715.25, 3715.26,
3715.27, or 3715.34 of the Revised Code is guilty of a
misdemeanor of the fourth degree.
(C)(D) Whoever violates section 3715.23 or 3715.36 of the
Revised Code is guilty of a misdemeanor of the second degree.
(D)(E) Whoever violates section 3715.52 or 3715.65 of the
Revised Code is guilty of a misdemeanor of the fourth degree on a
first offense; on each subsequent offense, the person is guilty
of a misdemeanor of the second degree.
(E)(F) Whoever violates section 3715.521 of the Revised Code
is guilty of a minor
misdemeanor. A violation of that section occurs on a daily basis, not
according to the number of times per day that an expired drug, baby food, or
infant formula is sold, offered
for sale, or delivered at retail or to the consumer. Each day of violation is
a separate offense.
Sec. 3732.01. As used in this chapter:
(A) "Food service operation" means a place, location,
site, or separate area where food intended to be served in
individual portions is prepared or served for a charge or
required donation, including mobile food service operations,
catering food service operations, temporary food service
operations, seasonal food service operations, vending machine
locations, and
food delivery sales operations. As used in this division,
"served" means a response made to an order for one or more individual portions
of food in a form that is edible without washing, cooking, or additional
preparation and "prepared" means any action that affects a food other than
receiving or maintaining it at the temperature at which it was received.
"Food service operation" does not include any of the following:
(1) A private home in which individuals related by blood,
marriage, or law reside and in which the food that is prepared or
served is intended only for those individuals and their nonpaying
guests;
(2) A residential facility that accommodates not more than
sixteen residents; is licensed, certified, registered, or
otherwise regulated by the federal government or by the state or
a political subdivision of the state; and prepares food for or
serves food to only the residents of the facility, the staff of
the facility, and any nonpaying guests of residents or staff;
(3) Churches, schools, fraternal or veterans'
organizations, volunteer fire organizations, or volunteer
emergency medical service organizations preparing or serving food
intended for individual portion service on their premises for not
more than seven consecutive days or not more than
fifty-two separate
days during a licensing period;
(4) Common carriers regulated by the federal government;
(5) Food manufacturing or food processing operations
regulated by the federal government or a state agency, as defined
in section 1.60 of the Revised Code, other than the department of
health;
(6) Operations other than mobile food service operations
serving only frozen desserts; beverages, nuts, popcorn, candy, or
similar confections; bakery products identified in section 911.01
of the Revised Code; or any combination of these items;
(7) Operations serving five or fewer individuals daily;
(8) Type A and type B family day-care homes, as defined in
section 5104.01 of the Revised Code;
(9) Vending machine locations where the only vending
machines are machines that dispense foods exclusively from one or
both of the following categories:
(a) Prepackaged foods that are not potentially hazardous
as defined in rules adopted by the public health council under
section 3732.02 of the Revised Code;
(b) Nuts, panned or wrapped bulk chewing gum, or panned or
wrapped bulk candies.
(10) Places servicing vending machines at vending machine
locations described in division (A)(9) of this section;
(11) Commissaries servicing vending machines dispensing
only milk, milk products, or frozen desserts that are under a
state or federal inspection and analysis program;
(12) Controlled location vending machine locations. As
used in this division, "controlled location vending machine
location" means a vending machine location at which all of the
following apply:
(a) The vending machines dispense only foods that are not
potentially hazardous as defined in rules adopted by the public
health council under section 3732.02 of the Revised Code;
(b) The machines are designed to be filled and maintained
in a sanitary manner by untrained persons;
(c) Minimal protection is necessary to ensure against
contamination of food and equipment.
(B) "Catering food service operation" means a food service
operation where food is prepared for serving at a function or
event held at an off-premises site, for a charge determined on a
per-function or per-event basis.
(C) "Food" means any raw, cooked, or processed edible
substance, ice, water, beverage, or ingredient used or intended
for use in whole or in part for human consumption.
(D) "Food delivery sales operation" means a food service
operation from which individual portions of food are ordered by a
customer, prepared at another food service operation, and
delivered to the customer by a person other than an employee of
the food service operation that prepared the food.
(E) "Frozen desserts" has the same meaning as in section
3717.51 917.01 of the Revised Code.
(F) "Government entity" means the state, a political
subdivision of the state, another state, or a political
subdivision or other local body of another state.
(G) "Licensee" means the person or government entity
holding a license to operate a food service operation.
(H) "Licensing period" means the period beginning the
first day of March and ending the last day of February of the
next succeeding year.
(I) "Licensor" means either of the following:
(1) The board of health of a city or general health
district, or the authority having the duties of a board of health
under section 3709.05 of the Revised Code, approved by the
director of health under section 3732.09 of the Revised Code;
(2) The director of health acting pursuant to section
3732.09 of the Revised Code.
(J) "Mobile food service operation" means a food service
operation that is operated from a movable vehicle, portable
structure, or watercraft; routinely changes location; and does
not remain at any one location for more than forty consecutive
days.
(K) "Seasonal food service operation" means a food service
operation, other than a mobile food service operation, that is
operated for not more than eight months in each licensing period.
(L) "Temporary food service operation" means a food
service operation that is operated at a single event for not more
than five consecutive days, except when operated for more than
five days pursuant to division (E)(2) of section 3732.03 of the
Revised Code.
(M) "Vending machine" means a self-service device that,
upon insertion of currency, tokens, or similar means,
automatically dispenses a predetermined unit serving of food
either in bulk or in package and does not require replenishing
after each use.
(N) "Vending machine location" means an area or room where
one or more vending machines are installed and operated, except
that if the machines within an area are separated by more than
one hundred fifty feet, each area separated by that distance
constitutes a separate vending machine location.
Sec. 3732.07. (A) A licensee whose principal business is a food service
operation that includes 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 3715.21 of
the Revised Code for the sale and manufacture OPERATION of
ICE CREAM FREEZERS FOR THE PURPOSE OF FREEZING, REFREEZING, OR HOLDING
FROZEN ANY frozen desserts TO BE SOLD AT RETAIL.
Sec. 4736.01. As used in sections 4736.01 to 4736.16 of
the Revised Code:
(A) "Environmental health science" means the aspect of
public health science that includes, but is not limited to, the
following bodies of knowledge: air quality, food quality and
protection, hazardous and toxic substances, consumer product
safety, housing, institutional health and safety, community noise
control, radiation protection, recreational facilities, solid and
liquid waste management, vector control, drinking water quality,
milk sanitation, and rabies control.
(B) "Sanitarian" means a person who performs for
compensation educational, investigational, technical, or
administrative duties requiring specialized knowledge and skills
in the field of environmental health science.
(C) "Registered sanitarian" means a person who is
registered as a sanitarian in accordance with Chapter 4736. of
the Revised Code.
(D) "Sanitarian-in-training" means a person who is
registered as a sanitarian-in-training in accordance with Chapter
4736. of the Revised Code.
(E) "Practice of environmental health" means consultation,
instruction, investigation, inspection, or evaluation by an
employee of a city health district, a general health district,
the Ohio environmental protection agency, the department of
health, or the department of agriculture requiring specialized
knowledge, training, and experience in the field of environmental
health science, with the primary purpose of improving or
conducting administration or enforcement under any of the
following:
(1) Chapter 911., 913., 917., 3717., 3721., 3732., or
3733. of the Revised Code;
(2) Chapter 3734. of the Revised Code as it pertains to
solid waste;
(3) Section 955.26, 3701.344, 3707.01, OR 3707.03, or
SECTIONS 3707.33 to 3707.99, OR SECTION 3715.21
of the Revised Code;
(4) Rules adopted under section 3701.34 of the Revised
Code pertaining to home sewage, rabies control, or swimming
pools.
"Practice of environmental health" does not include
sampling, testing, controlling of vectors, reporting of
observations, or other duties that do not require application of
specialized knowledge and skills in environmental health science
performed under the supervision of a registered sanitarian.
The state board of sanitarian registration may further
define environmental health science in relation to specific
functions in the practice of environmental health through rules
adopted by the board under Chapter 119. of the Revised Code.
Sec. 4745.01. (A) "Standard renewal procedure," as used in Chapters 905.,
907., 909., 911., 913., 915., 917., 918., 921., 923., 927., 942., 943.,
953., 1321., 3710., 3713., 3717 3715., 3719., 3731., 3742.,
3748., 3769.,
3783., 3905., 3921., 3951., 4104., 4105., 4143., 4169., 4561., 4701.,
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., 4727.,
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., 4747.,
4749., 4753., 4755., 4757., 4759., 4761., 4766., and 4773. of the
Revised Code, means the license renewal procedures specified in
this chapter.
(B) "Licensing agency," as used in this chapter, means any
department, division, board, section of a board, or other state
governmental unit subject to the standard renewal procedure, as
defined in this section, and authorized by the Revised Code to
issue a license to engage in a specific profession, occupation,
or occupational activity, or to have charge of and operate
certain specified equipment, machinery, or premises.
(C) "License," as used in this chapter, means a license,
certificate, permit, card, or other authority issued or conferred
by a licensing agency by authority of which the licensee has or
claims the privilege to engage in the profession, occupation, or
occupational activity, or to have control of and operate certain
specific equipment, machinery, or premises, over which the
licensing agency has jurisdiction.
(D) "Licensee," as used in this chapter, means either the
person to whom the license is issued or renewed by a licensing
agency, or the person, partnership, or corporation at whose
request the license is issued or renewed.
(E) "Renewal" and "renewed," as used in this chapter and
in the chapters of the Revised Code specified in division (A) of
this section, includes the continuing licensing procedure
provided in Chapter 3748. of the Revised Code and
rules adopted under it and in sections 1321.05, 3905.01, 3905.02, 3905.07,
3905.18, and 3921.33 of the Revised Code, and as applied to those continuing
licenses any reference in this chapter to the date of expiration
of any license shall be construed to mean the due date of the
annual or other fee for the continuing license.
Section 2. That existing sections 121.04, 901.08, 901.43, 911.02, 913.02,
913.23, 915.14, 915.24, 917.01, 917.08,
917.16, 917.99, 3707.33, 3707.34, 3715.02, 3715.25, 3715.59, 3715.60, 3715.69,
3715.99, 3732.01, 3732.07, 4736.01, and
4745.01 and sections 917.02, 917.03, 917.04, 917.05, 917.06,
917.07, 917.09, 917.10, 917.11, 917.18, 917.19, 917.20, 917.21,
917.22, 917.23, 3715.24, 3715.26, 3715.27, 3715.58, 3717.01, 3717.02,
3717.021, 3717.03, 3717.06,
3717.07, 3717.08, 3717.09, 3717.10, 3717.11, 3717.12, 3717.13,
3717.16, 3717.17, 3717.18, 3717.20, 3717.21, 3717.24, 3717.25,
3717.26, 3717.27, 3717.28, 3717.29, 3717.30, 3717.31, 3717.32,
3717.33, 3717.34, 3717.35, 3717.37, 3717.40, 3717.41, 3717.42,
3717.43, 3717.45, 3717.47, 3717.48, 3717.49, 3717.50, 3717.51,
3717.52, 3717.53, 3717.54, 3717.55, 3717.61, 3717.611, 3717.62,
3717.63, 3717.64, 3717.65, 3717.66, 3717.67, 3717.68, 3717.69,
and 3717.99 of the Revised Code are hereby repealed.
Section 3. On the effective date of this act, all terms of office of members
of the Milk Sanitation Board created under former section 3717.69 of the
Revised Code shall expire. Not later than thirty days after the effective
date of this act, the Director of Agriculture shall appoint new members to the
Milk Sanitation Board created under section 917.03 of the Revised Code as
provided by that section.
The Milk Sanitation Board created under section 917.03 of the Revised Code is
essentially a continuation of the Milk Sanitation Board created under former
section 3717.69 of the Revised Code. If a person who is a member of the Milk
Sanitation
Board created under former section 3717.69 of the Revised Code meets the
qualifications for membership on the Milk Sanitation Board created under
section 917.03 of the Revised Code, the Director may reappoint the person as a
member of the Milk Sanitation Board created under section 917.03 of the
Revised Code.
Section 4. Chapters 901:3-9, 901:3-10, 901:3-11, 901:3-13,
901:3-15, 901:3-17, 901:3-19, 901:3-21, 901:3-23, 901:3-25, and
901:3-55 of the Ohio Administrative Code, to the extent that the
provisions of those chapters are not in conflict with Chapter
917. of the Revised Code, as amended by this act, shall remain
in effect as rules adopted under section 917.02 of the Revised
Code, as enacted by this act, until such time as those rules are
duly amended or rescinded under that section.
Section 5. Chapter 901:3-45 of the Ohio Administrative Code, to the extent
that the provisions of that chapter are not in conflict with
section 3715.25 of the Revised Code, as amended by this act,
shall remain in effect as rules adopted under section 3715.02 of
the Revised Code, as amended by this act, until such time as
those rules are duly amended or rescinded under that section.
Section 6. Section 3715.02 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 152 and Am. Sub. S.B. 134 of the 120th General Assembly, with
the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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