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|
As Reported by the Senate Insurance, Commerce
and Labor Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 223 |
REPRESENTATIVES TERWILLEGER-PADGETT-D.MILLER-KRUPINSKI-
VERICH-CORBIN-MOTTLEY-DAMSCHRODER-MEAD-OPFER-EVANS-O'BRIEN-
SCHULER-PERZ-BARNES-AUSTRIA-BRADING-BARRETT-JAMES-MAIER-
FERDERBER-HARTNETT
A BILL
To amend sections 901.43, 911.01, 911.011, 911.02, 915.24,
2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 3709.09, 3715.02, 3715.52,
3715.99, 3724.03, 3732.01,
3732.02, 3732.03, 3732.04, 3732.05, 3732.06, 3732.08, 3732.09,
3732.11, 3732.12, 3732.13, 3732.14, 3732.99, 4303.021,
4303.13, 4303.14, 4303.15, 4303.181, 4303.182, 4303.183, 4736.01, 4745.01,
5104.05, 5104.051, 5739.02, and 5739.11; to amend, for the purpose of adopting
new section numbers as indicated in parentheses, sections
911.011 (911.021), 3732.01 (3717.01), 3732.02 (3717.51), 3732.03 (3717.43),
3732.04
(3717.45), 3732.05 (3717.46), 3732.06 (3717.12), 3732.08
(3717.47), 3732.09 (3717.11), 3732.10 (3717.13), 3732.11
(3717.49), 3732.12 (3717.50), 3732.13 (3717.52), 3732.14
(3717.09), and 3732.99 (3717.99); to enact sections 3715.021,
3715.511, 3717.02 to 3717.08, 3717.21 to 3717.33, 3717.41, 3717.42, 3717.44,
and 3717.48; and to
repeal sections 3707.38, 3715.21, 3715.211, and 3732.07 of the Revised Code to
make changes in the laws pertaining to food service operations and to require
the licensing of retail food establishments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 901.43, 911.01, 911.011, 911.02,
915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 3709.09, 3715.02,
3715.52,
3715.99, 3724.03, 3732.01, 3732.02, 3732.03, 3732.04, 3732.05, 3732.06,
3732.08,
3732.09, 3732.11, 3732.12, 3732.13, 3732.14, 3732.99,
4303.021, 4303.13, 4303.14, 4303.15, 4303.181, 4303.182, 4303.183,
4736.01, 4745.01, 5104.05, 5104.051, 5739.02, and 5739.11 be amended; sections
911.011 (911.021), 3732.01 (3717.01), 3732.02 (3717.51), 3732.03 (3717.43),
3732.04
(3717.45), 3732.05 (3717.46), 3732.06 (3717.12), 3732.08
(3717.47), 3732.09 (3717.11), 3732.10 (3717.13), 3732.11
(3717.49), 3732.12 (3717.50), 3732.13 (3717.52), 3732.14
(3717.09), and 3732.99 (3717.99)
be amended for the purpose of
adopting new section numbers as indicated in parentheses; and
sections 3715.021,
3715.511, 3717.02, 3717.03, 3717.04, 3717.05, 3717.06, 3717.07,
3717.08, 3717.21, 3717.22, 3717.23, 3717.24, 3717.25, 3717.26,
3717.27, 3717.28, 3717.29, 3717.30, 3717.31, 3717.32, 3717.33,
3717.41, 3717.42, 3717.44, and 3717.48
of the Revised Code be enacted to read as
follows:
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. THE
(B) The director shall adopt and
enforce rules to provide
for the rendering of a laboratory service and may.
(B) THE DIRECTOR MAY CHARGE A REASONABLE FEE FOR THE
PERFORMANCE
OF A LABORATORY SERVICE, EXCEPT WHEN THE SERVICE IS PERFORMED ON AN OFFICIAL
SAMPLE TAKEN BY THE
DIRECTOR ACTING PURSUANT TO TITLE IX, CHAPTER
3715., OR CHAPTER
3717. OF THE REVISED CODE; BY A BOARD OF HEALTH ACTING AS
THE
LICENSOR OF RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE OPERATIONS
UNDER CHAPTER 3717. OF THE REVISED CODE; OR BY THE
DIRECTOR OF
HEALTH ACTING AS THE LICENSOR OF FOOD SERVICE OPERATIONS UNDER
CHAPTER 3717. OF THE REVISED CODE. THE DIRECTOR OF
AGRICULTURE SHALL ADOPT RULES SPECIFYING WHAT CONSTITUTES AN OFFICIAL
SAMPLE.
THE DIRECTOR SHALL publish a list
of laboratory services offered, together with the fee for
each
service.
(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)(1) The director may adopt rules specifying what
constitutes an official sample.
(2) The director shall not charge a fee for a laboratory service performed
on an official sample, but may charge a fee for any other sample
taken or laboratory service performed by the department.
(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)(E)(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.
(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 deposited in the
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. 911.01. (A) Except as provided in division
(B) of this section, "bakery," as AS used in sections 911.01 to
911.20 of the Revised Code, "BAKERY" means a building or
part of a building
wherein is carried on the production, preparation, packing,
storing, display, or sale TO OTHER THAN THE ULTIMATE CONSUMER of bread,
stuffed breads, cake, pies, cookies,
crackers, doughnuts, noodles, waffle cones, pizza crusts for resale, or
other
bakery products, whether frozen, fried, deep fried, or partially or completely
baked, including any separate
room used for the convenience or accommodation of the workers.
Sections 911.02, 911.04, 911.11, 911.12, 911.13, and 911.15 of
the Revised Code do not apply to retail stores where bakery
products are sold but not produced.
(B) "Bakery" does not mean a food service operation licensed
under section 3732.03 of the Revised Code that includes the preparation or
serving of bakery products.
Sec. 911.02. Except as provided in division (A) of section
3732.07 of the
Revised Code, each EACH person, firm, partnership, or
corporation that owns or operates a bakery shall register
each
bakery that it owns or operates with the director of
agriculture. For 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 the home bakery oven.
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 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 the renewal to
the
treasurer of state for deposit into the food
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
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. 911.011 911.021. (A) The preparation and serving of
bakery products
by a food
service operation licensed under section 3732.03 of the Revised Code shall be
regulated under
Chapter 3732. of the Revised Code and not under this chapter.
(B) A bakery shall be regulated under this chapter and not under
Chapter 3732 3717. of the Revised Code when either of
the
following applies:
(1) The bakery only serves bakery products on its premises;
(2) The bakery serves bakery products for consumption on its premises and
also
serves frozen desserts, beverages, nuts, popcorn, candy, or similar
confections, dairy products, or any combination of those items for
consumption THE BAKERY'S PRIMARY BUSINESS IS WHOLESALE, EVEN IF THE
BAKERY ALSO SELLS BAKERY PRODUCTS AT RETAIL
on its premises.
Sec. 915.24. (A) There is hereby created in the state
treasury the food 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;
(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) LICENSE FEES, OTHER FEES, AND FINES COLLECTED BY OR FOR THE DIRECTOR
OF AGRICULTURE UNDER
CHAPTER 3717. of the Revised Code.
(B) The director of agriculture shall use the moneys
deposited into the food safety fund to
administer
and enforce the laws pursuant to which the moneys were collected.
Sec. 2305.37. (A) As used in this section:
(1) "Agency" means any nonhospital, charitable nonprofit
corporation that is organized and operated pursuant to Chapter
1702. of the Revised Code and that satisfies both of the following, or any
nonhospital, charitable association, group, institution, organization, or
society that is
not organized and not operated for profit and that satisfies both
of the following:
(a) It distributes perishable food, directly or indirectly,
to individuals in need.
(b) It does not charge or accept any form of compensation
from the individuals in need for the distribution of the
perishable food to them.
(2) "Food service operation" has the same meaning as in
section 3732.01 3717.01 of the Revised Code.
(3) "Food that is gleaned" means perishable food that remains on a farm or
other real property and that the owner, lessee, renter, or operator of the
property permits one or more persons to salvage free-of-charge for subsequent
donation to one or more agencies.
(4) "Harm" means injury, death, or loss to person or
property.
(5) "Hospital" has the same meaning as in section 2108.01,
3701.01, or 5122.01 of the Revised Code.
(6) "Individuals in need" means those persons who an
agency determines are eligible to receive free distributions of
perishable food because of poverty, illness, disability, infancy,
or other conditions or circumstances that may result in persons
having a need to receive free distributions of perishable food.
(7) "Perishable food" means any food that may spoil or
otherwise become unfit for human consumption because of its
nature, age, or physical condition. "Perishable food" includes,
but is not limited to, fresh meats, processed meats, poultry,
fish and other seafood, dairy products, bakery products, eggs in
the shell, fresh fruits, fresh vegetables, food that is gleaned, food that is
packaged, refrigerated, or frozen, food that is canned, and prepared or
other food that has not been served by a restaurant, cafeteria,
hospital, hotel, caterer, or other food service operation to any
customer, patient, or other person in the ordinary course of
business, by a public or private school, college, university, or
other educational institution to a student or another person on
the premises in the ordinary course of the operation of the
institution, or by a fraternal, veteran's, or other organization
to its members or other persons on the premises in the ordinary
course of the operation of the organization.
(8) "Person" has the same meaning as in section 1.59 of
the Revised Code and additionally includes governmental entities.
(9) "Sale date" has the same meaning as in section
3715.171 of the Revised Code.
(10) "Tort action" means a civil action for damages for
injury, death, or loss to person or property. "Tort action"
includes a product liability claim but does not
include a civil action for a breach of contract or another agreement
between persons.
(B) Notwithstanding Chapter 3715. of the Revised Code, a
person who, in good faith, donates perishable food to an agency
is not liable in damages in a tort action for harm that allegedly
arises because that perishable food, when distributed by the
agency or any other agency to a particular individual in need, is
not fit for human consumption, if both of the following apply:
(1) Prior to the donation of the perishable food to the
agency, the person determines that the perishable food will be
fit for human consumption at the time of its donation. A
presumption favoring liability does not arise because the
perishable food is donated to an agency on or after an applicable
sale date.
(2) The person does not make the determination that the
perishable food will be fit for human consumption at the time of
its donation to the agency in a manner that constitutes
negligence or willful or wanton misconduct.
(C)(1) This section does not create a new cause of action or substantive
legal right against persons who donate perishable food to an agency.
(2) This section does not affect any immunities from or defenses to tort
liability established by another section of the Revised Code or
available at common law to which persons who donate perishable
food other than to agencies may be entitled.
Sec. 3701.22. The department of health shall maintain a chemical and
bacteriological laboratory for the examination FOLLOWING:
(A) EXAMINATION of public water supplies, and
the effluent of sewage purification works, for the diagnosis;
(B) DIAGNOSIS of diphtheria,
typhoid fever, hydrophobia, glanders, and such other diseases as it deems
necessary, and for the examination of food suspected to be the cause of
disease. The department shall examine and report to the director of
environmental protection and the public each year the condition of all public
water supplies;
(C) ANALYSIS OF PATIENT SPECIMENS AND FOOD SAMPLES NECESSARY FOR
INVESTIGATION OF FOODBORNE ILLNESSES. IN FOODBORNE ILLNESS INVESTIGATIONS,
THE LABORATORY SHALL COOPERATE AND CONSULT WITH THE DIRECTOR OF AGRICULTURE
ACTING PURSUANT TO SECTION 3715.02 of the Revised Code.
Sec. 3701.83. (A) There is hereby created in the state treasury the
general operations fund. Moneys in the fund shall be used for the
purposes specified in sections 3701.04, 3701.344, 3701.88, 3702.20, 3710.15,
3711.021, 3717.45,
3721.02, 3722.04, 3732.04, 3733.04, 3733.25, 3733.43,
3748.04, 3748.05,
3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and
4769.09 of the Revised Code.
(B) The alcohol testing program fund is hereby
created in the state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program
authorized by section 3701.143 of the Revised Code.
The fund shall receive
transfers from the liquor control fund created under section 4301.12
of the Revised Code. All investment earnings of the alcohol
testing program fund shall be credited to the fund.
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 FOOD, and the
number of other
persons necessary to carry out
this chapter AND CHAPTER 3717. of the Revised Code and,
if applicable, to carry out any duties assumed by the board
under an agreement entered into under division (B) of section
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. 3707.99. (A) Whoever violates section 3707.03 of the Revised Code,
unless good and sufficient reason therefor is shown, is guilty of a minor
misdemeanor.
(B) Whoever violates section 3707.38 of the Revised Code is guilty of a
minor
misdemeanor.
(C) Whoever violates section 3707.48 of the Revised Code is guilty of
a minor
misdemeanor on a first offense; on each subsequent offense such person is
guilty of a misdemeanor of the fourth degree.
Sec. 3709.09. (A) The board of health of a city or
general health district may, by rule, establish a uniform system
of fees to pay the costs of any services provided by the board.
Fees for services provided by the board for purposes specified in
sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04,
3733.25, and
3749.04 of the Revised Code shall be established in accordance
with rules adopted under division (B) of this section. The
district advisory council, in the case of a general health
district, and the legislative authority of the city, in the case
of a city health district, may disapprove any fee established by
the board of health under this division, and any such fee, as
disapproved, shall not be charged by the board of health.
(B)(1) The public health
council shall adopt rules under section 111.15 of the Revised
Code that establish fee categories and uniform methodologies for
use in calculating the costs of services provided for purposes
specified in sections 3701.344, 3711.05, 3730.03, 3732.04,
3733.04, 3733.25, and 3749.04 of the Revised Code. In adopting the rules,
the public health council shall consider recommendations it
receives from advisory boards established either by statute or
the director of health for entities subject to the fees.
(2) As used in this division, "licensor" and "vending
machine location" have the same meanings as in section 3732.01 of
the Revised Code.
The public health council shall, under its rules, prohibit
licensors from increasing fees under section 3732.04
of the
Revised Code for vending machine locations by a percentage of
increase over the previous year's fee that exceeds the percentage
of increase in the consumer price index for all urban consumers
(United States city average, all items), prepared by the United
States department of labor, bureau of labor statistics, for the
immediately preceding calendar year.
(C) At least thirty days prior to establishing a fee for a
service provided by the board for a purpose specified in section
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the
Revised Code, a board of health shall notify any entity that would be
affected by the proposed fee of the amount of the proposed fee.
A board of health shall give notice in accordance with section
3732.04 of the Revised Code of the hearing regarding a
proposed
fee for a service provided for the purpose specified in that
section.
Sec. 3715.02. (A) The director of agriculture shall adopt
rules in accordance with Chapter 119. of the Revised
Code that establish, 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;
(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.
The rules, where applicable, shall conform to and be the same as AND
THE UNITED STATES FOOD AND DRUG ADMINISTRATION. PORTIONS OF
TITLES 7, 9, AND 21 OF THE CODE OF FEDERAL
REGULATIONS OR 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, MAY BE ADOPTED AS RULES BY REFERENCING THE FEDERAL
REGULATIONS, SUBJECT TO THE APPROVAL OF THE JOINT COMMITTEE ON AGENCY RULE
REVIEW.
(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.
(B) THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH
CHAPTER 119. of the Revised Code THAT ESTABLISH PROCEDURES FOR THE PERFORMANCE OF
SAMPLE ANALYSES OF FOOD, FOOD ADDITIVES, AND FOOD PACKAGING MATERIALS. THE
CIRCUMSTANCES UNDER WHICH A SAMPLE ANALYSIS MAY BE REQUIRED INCLUDE THE
FOLLOWING:
(1) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL IS THE SUBJECT
OF A CONSUMER COMPLAINT;
(2) WHEN REQUESTED BY A CONSUMER AFTER A PHYSICIAN HAS ISOLATED AN
ORGANISM FROM THE CONSUMER AS THE PHYSICIAN'S PATIENT;
(3) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL IS SUSPECTED OF
HAVING CAUSED AN ILLNESS;
(4) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL IS SUSPECTED OF
BEING ADULTERATED OR MISBRANDED;
(5) WHEN A FOOD, FOOD ADDITIVE, OR FOOD PACKAGING MATERIAL IS SUBJECT TO
VERIFICATION OF FOOD LABELING AND STANDARDS OF IDENTITY;
(6) AT ANY OTHER TIME THE DIRECTOR CONSIDERS A SAMPLE ANALYSIS NECESSARY.
(C) IN FOODBORNE ILLNESS INVESTIGATIONS, THE DIRECTOR OF
AGRICULTURE SHALL COOPERATE AND CONSULT WITH THE LABORATORY MAINTAINED BY THE
DEPARTMENT OF HEALTH UNDER SECTION 3701.22 of the Revised Code.
(D) The director or the director's designee shall
do all of the
following:
(1) Inspect drugs, food, or drink manufactured,
stored, or offered for sale in the THIS
state;
(2) Prosecute or cause to be prosecuted each person engaged in the
unlawful manufacture or sale of an
adulterated drug or article of food or drink, in violation of
law;
(3) Enforce all laws against fraud, adulteration, or
impurities in drugs, foods, or drinks and
unlawful labeling within the THIS state.
(E) The director may appoint or
contract for one or more qualified persons to enforce the
provisions of this chapter.
Sec. 3715.021. (A) AS USED IN THIS SECTION, "WHOLESALE FOOD
ESTABLISHMENT" MEANS A PREMISES OR PART OF A PREMISES WHERE FOOD
IS PROCESSED, PACKAGED, MANUFACTURED, OR OTHERWISE HELD OR HANDLED
FOR SALE OR DISTRIBUTION AT WHOLESALE TO PERSONS OTHER THAN THE
ULTIMATE CONSUMERS. "WHOLESALE FOOD ESTABLISHMENT" INCLUDES THE
ACTIVITIES OF A BAKERY, CONFECTIONERY, CANNERY, BOTTLER,
WAREHOUSE, OR DISTRIBUTOR AND THE ACTIVITIES OF AN ENTITY THAT
RECEIVES OR SALVAGES DISTRESSED FOOD FOR SALE OR USE AS FOOD.
(B) THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN ACCORDANCE
WITH CHAPTER 119. OF THE REVISED CODE THAT
ESTABLISH, WHEN
OTHERWISE NOT ESTABLISHED BY THE REVISED CODE, STANDARDS FOR
WHOLESALE FOOD ESTABLISHMENTS, INCLUDING THE FACILITIES OF WHOLESALE FOOD
ESTABLISHMENTS AND THEIR SANITATION.
A BUSINESS OR THAT PORTION OF A BUSINESS THAT IS REGULATED BY THE
DEPARTMENT OF AGRICULTURE UNDER CHAPTER 917. OR 918. OF THE
REVISED CODE IS NOT SUBJECT TO
REGULATION UNDER THIS SECTION AS A WHOLESALE FOOD ESTABLISHMENT.
Sec. 3715.52. (A) The following acts and causing them are prohibited:
(1) The manufacture, sale, or delivery, holding or
offering for sale of any food, drug, device, or cosmetic that is
adulterated or misbranded;
(2) The adulteration or misbranding of any food, drug,
device, or cosmetic;
(3) The receipt in commerce of any food, drug, device, or
cosmetic that is adulterated or misbranded, and the delivery or
proffered delivery thereof for pay or otherwise;
(4) The sale, delivery for sale, holding for sale, or
offering for sale of any article in violation of section 3715.61
or 3715.65 of the Revised Code;
(5) The dissemination of any false advertisement;
(6) The refusal to permit entry or inspection, or to
permit the taking of a sample, as authorized by section 3715.70
of the Revised Code;
(7) The giving of a guaranty or undertaking that is false, except by a
person who relied on a
guaranty or undertaking to the same effect signed by, and
containing the name and address of the person residing in this
state from whom the person received in good faith the food,
drug, device,
or cosmetic;
(8) The removal or disposal of a detained or embargoed
article in violation of section 3715.55 OR 3715.551 of the
Revised Code;
(9) The alteration, mutilation, destruction, obliteration,
or removal of the whole or any part of the labeling of, or the
doing of any other act with respect to a food, drug, device, or
cosmetic, if the act is done while the
article is held for sale
and results in the article being misbranded;
(10) Forging, counterfeiting, simulating, or falsely
representing, or without proper authority using any mark, stamp,
tag, label, or other identification device authorized or required
by rules adopted pursuant to
sections 3715.52 to 3715.72 of
the Revised Code;
(11) The using, on the labeling of any drug or in any
advertisement relating to a drug, of any representation or
suggestion that any application with respect to the drug is
effective under section 3715.65 of the Revised Code or that
the
drug complies with the provisions of that section;
(12) The using by any person to the person's own advantage,
or revealing, other than to the director of agriculture or to the
courts when relevant in any judicial proceeding under sections
3715.52 to 3715.72 of the Revised Code, any information acquired
under authority of sections 3715.01 and 3715.52 to 3715.72 of the
Revised Code, concerning any information that as a trade
secret is entitled to protection;
(13) The issuance by the manufacturer, packer, or
distributor of a dangerous drug of any advertisements,
catalogues, or price lists, except those lists specifically
designed for disseminating price change information, that do not
contain in clearly legible form the name and place of business of
the manufacturer who mixed the final ingredients and, if
different, the manufacturer who produced the drug in its finished
dosage form and, if different, the packer or distributor.
(B)(1) No person at a flea market shall sell, offer for
sale, or knowingly permit the sale of any of the following
products:
(a) Baby food, infant formula,
or similar products;
(b) Any drug, cosmetic, or device;
(c) Any product on which is printed or stamped an
expiration date or a date recommended by the manufacturer as
either the last day on which the product should be offered for
sale or the last day on which the product should be used.
(2) Division (B)(1) of this section does
not apply to a person who keeps
available for public inspection an identification card
identifying the person as an authorized
representative of the manufacturer or distributor of any drug,
cosmetic, or device, as long as the card
is not false, fraudulent, or fraudulently obtained.
(3) Division (B)(1)(c) of this
section does not apply to a person or governmental entity that is licensed as
a RETAIL FOOD ESTABLISHMENT OR food service operation under Chapter
3732 3717. of the Revised
Code or is listed in division (A)(B)(9) or
(12) of section
3732.01 3717.42 of the Revised Code.
(4) As used in division (B)(1) of this section,
"flea market" means any location, other than a permanent retail store, at
which space is rented or otherwise made available to others for the conduct of
business as transient or limited vendors as defined in section 5739.17 of the
Revised Code.
Sec. 3715.551. (A) AS USED IN THIS SECTION, "BOARD OF HEALTH,"
"RETAIL FOOD ESTABLISHMENT," AND "FOOD SERVICE OPERATION" HAVE THE SAME
MEANINGS AS IN SECTION
3717.01 OF THE REVISED CODE.
(B) THE EMBARGOING OF A FOOD
MAY BE PERFORMED BY A
BOARD OF
HEALTH APPROVED UNDER SECTION 3717.11 OF THE REVISED CODE TO
SERVE
AS THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE OPERATIONS, THE
DIRECTOR OF HEALTH ACTING UNDER SECTION 3717.11 OF THE REVISED
CODE AS THE LICENSOR OF FOOD SERVICE OPERATIONS, OR A REPRESENTATIVE
AUTHORIZED TO ACT ON BEHALF OF THE BOARD OF HEALTH OR DIRECTOR OF HEALTH.
THE DIRECTOR OF AGRICULTURE SHALL ADOPT RULES IN ACCORDANCE WITH
CHAPTER 119. OF THE REVISED CODE SPECIFYING THE
CONDITIONS
UNDER WHICH A FOOD MAY BE EMBARGOED UNDER THIS SECTION AND THE PROCEDURES THAT
MUST BE FOLLOWED WHEN THAT
ACTION IS TAKEN.
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,
3715.27, or 3715.34 of the Revised Code is guilty of a
misdemeanor of the fourth degree.
(D)(C) Whoever violates section 3715.23 or 3715.36 of the
Revised Code is guilty of a misdemeanor of the second degree.
(E)(D) 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.
(F)(E) 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 3717.01. As used in this chapter:
(A) "OHIO UNIFORM FOOD SAFETY CODE" MEANS THE FOOD SAFETY AND
RELATED
STANDARDS ADOPTED UNDER SECTION 3717.05 of the Revised Code.
(B) "FOOD" MEANS ANY RAW, COOKED, OR PROCESSED EDIBLE SUBSTANCE
USED OR INTENDED FOR USE IN WHOLE OR IN PART FOR HUMAN CONSUMPTION. "FOOD"
INCLUDES
ICE, WATER OR ANY OTHER BEVERAGE, FOOD INGREDIENTS, AND CHEWING GUM.
(C) "RETAIL FOOD ESTABLISHMENT" MEANS A PREMISES OR PART OF A
PREMISES WHERE FOOD, OVER-THE-COUNTER DRUGS, NUTRIENTS DESIGNED FOR USE IN
LIEU
OF PHARMACEUTICALS, AND PRODUCTS DESIGNED FOR USE AS DIETARY SUPPLEMENTS ARE
STORED, PROCESSED, PREPARED, MANUFACTURED, OR OTHERWISE
HELD OR HANDLED FOR RETAIL SALE. EXCEPT WHEN
EXPRESSLY PROVIDED OTHERWISE, "RETAIL FOOD ESTABLISHMENT" INCLUDES A SEASONAL
RETAIL FOOD ESTABLISHMENT AND TEMPORARY RETAIL FOOD ESTABLISHMENT.
AS USED IN THIS DIVISION:
(1) "RETAIL" MEANS THE
SALE OF FOOD TO A PERSON WHO IS THE ULTIMATE CONSUMER.
(2) "PREPARED" MEANS ANY ACTION THAT AFFECTS A FOOD, INCLUDING RECEIVING
AND
MAINTAINING IT AT THE TEMPERATURE AT WHICH IT WAS RECEIVED.
(D) "SEASONAL RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL FOOD
ESTABLISHMENT THAT IS OPERATED FOR NOT MORE THAN SIX MONTHS IN A LICENSING
PERIOD.
(E) "TEMPORARY RETAIL FOOD ESTABLISHMENT" MEANS A RETAIL FOOD
ESTABLISHMENT THAT IS OPERATED AT AN EVENT
FOR NOT MORE THAN FIVE CONSECUTIVE DAYS, EXCEPT WHEN OPERATED FOR
MORE THAN FIVE CONSECUTIVE DAYS PURSUANT TO DIVISION (E)(2) OF
SECTION 3717.23 of the Revised Code.
(F) "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) EXCEPT WHEN EXPRESSLY PROVIDED OTHERWISE, "FOOD SERVICE
OPERATION" INCLUDES A CATERING FOOD SERVICE OPERATION, FOOD DELIVERY SALES
OPERATION, MOBILE FOOD SERVICE OPERATION, SEASONAL FOOD SERVICE OPERATION,
TEMPORARY FOOD SERVICE OPERATION, AND VENDING MACHINE LOCATION.
(G) "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)(H) "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
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)(I) "Mobile food service operation" means a food service
operation that is operated from a movable vehicle, portable
structure, or watercraft; AND THAT routinely changes
location; and does
not remain, EXCEPT THAT IF THE OPERATION REMAINS at any one
location for more than forty consecutive days, THE OPERATION IS NO
LONGER A MOBILE FOOD SERVICE OPERATION, BUT IS EITHER A DIFFERENT TYPE FOOD
SERVICE OPERATION OR A RETAIL FOOD ESTABLISHMENT ACCORDING TO THE ACTIVITIES
BEING ENGAGED IN AND THE TYPE OF FOOD BEING OFFERED FOR SALE. "MOBILE FOOD
SERVICE OPERATION" INCLUDES AN OPERATION THAT DOES NOT REMAIN AT ANY ONE
LOCATION FOR MORE THAN FORTY CONSECUTIVE DAYS AND SERVES 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 THOSE ITEMS.
(K)(J) "Seasonal food service operation" means a food service
operation, other than a mobile food service operation, that is
operated for not more than eight SIX months in each
A licensing
period.
(L)(K) "Temporary food service operation" means a food
service operation that is operated at a single AN event for not
more
than five consecutive days, except when operated for more than
five CONSECUTIVE days pursuant to division (E)(2) of section
3732.03
3717.43 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)(L) "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. AS USED IN THIS DIVISION,
"VENDING MACHINE" MEANS A SELF-SERVICE DEVICE THAT AUTOMATICALLY DISPENSES ON
THE INSERTION OF CURRENCY, TOKENS, OR SIMILAR MEANS A PREDETERMINED UNIT
SERVING OF FOOD, EITHER IN BULK OR IN PACKAGE, WITHOUT HAVING TO BE
REPLENISHED AFTER EACH USE.
(M) "BOARD OF HEALTH" MEANS A 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.
(N) "GOVERNMENT ENTITY" MEANS THIS STATE, A POLITICAL SUBDIVISION
OF THIS STATE, ANOTHER STATE, OR A POLITICAL SUBDIVISION OR OTHER LOCAL
GOVERNMENT BODY OF ANOTHER STATE.
(O) "LICENSOR" MEANS ONE OF THE FOLLOWING:
(1) A BOARD OF HEALTH APPROVED UNDER SECTION 3717.11 of the Revised Code;
(2) THE DIRECTOR OF AGRICULTURE ACTING PURSUANT TO SECTION 3717.11 of the Revised Code
WITH RESPECT TO THE LICENSING OF RETAIL FOOD ESTABLISHMENTS;
(3) THE DIRECTOR OF HEALTH ACTING PURSUANT TO SECTION 3717.11 of the Revised Code WITH
RESPECT TO THE LICENSING OF FOOD SERVICE OPERATIONS.
(P) "LICENSING PERIOD" MEANS THE FIRST DAY OF MARCH TO
THE LAST DAY OF FEBRUARY OF THE NEXT SUCCEEDING YEAR.
Sec. 3717.02. (A) THERE IS HEREBY CREATED THE RETAIL
FOOD SAFETY ADVISORY COUNCIL. THE COUNCIL SHALL CONSIST OF THE DIRECTOR
OF AGRICULTURE OR A PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE DIRECTOR'S
BEHALF, THE DIRECTOR OF
HEALTH OR A PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF,
AND TWELVE
ADDITIONAL MEMBERS APPOINTED JOINTLY BY THE DIRECTOR OF AGRICULTURE
AND THE DIRECTOR OF HEALTH, AS FOLLOWS:
(1) THREE PERSONS REPRESENTING THE INTERESTS OF RETAIL FOOD
ESTABLISHMENTS;
(2) THREE PERSONS REPRESENTING THE INTERESTS OF FOOD SERVICE
OPERATIONS;
(3) FOUR PERSONS REPRESENTING BOARDS OF HEALTH OR THE HEALTH DEPARTMENTS
OPERATED BY BOARDS OF HEALTH;
(4) ONE PERSON REPRESENTING THE ACADEMIC COMMUNITY WHO IS
KNOWLEDGEABLE IN FOOD SCIENCE OR FOOD TECHNOLOGY;
(5) ONE PERSON REPRESENTING THE GENERAL PUBLIC WHO IS NOT
EMPLOYED BY THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS AND
HAS NO PECUNIARY INTEREST IN A RETAIL FOOD ESTABLISHMENT OR FOOD SERVICE
OPERATION.
(B) IN MAKING APPOINTMENTS TO THE COUNCIL, THE
DIRECTOR OF AGRICULTURE AND DIRECTOR OF HEALTH SHALL JOINTLY CONSULT WITH
STATEWIDE TRADE AND PROFESSIONAL ORGANIZATIONS THAT REPRESENT
THE INTERESTS OF RETAIL FOOD
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS. THE ORGANIZATIONS MAY NOMINATE
PERSONS TO BE
CONSIDERED FOR APPOINTMENT AS COUNCIL MEMBERS.
(C) OF THE INITIAL APPOINTMENTS MADE TO THE COUNCIL, FIVE SHALL
BE FOR TERMS ENDING THREE YEARS AFTER APPOINTMENT, FOUR SHALL BE FOR
TERMS ENDING TWO YEARS AFTER APPOINTMENT, AND THREE SHALL BE FOR
TERMS ENDING ONE YEAR AFTER APPOINTMENT. THEREAFTER, TERMS OF OFFICE SHALL BE
THREE YEARS. EACH MEMBER SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL
THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY
BE REAPPOINTED.
VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL
APPOINTMENTS. A MEMBER APPOINTED TO FILL A VACANCY OCCURRING
BEFORE THE EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S
PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS A MEMBER FOR THE
REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN OFFICE AFTER
THE EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S
SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS HAS
ELAPSED, WHICHEVER OCCURS FIRST.
(D) A MEMBER MAY BE REMOVED FROM OFFICE FOR FAILING TO ATTEND TWO
CONSECUTIVE COUNCIL MEETINGS WITHOUT SHOWING GOOD CAUSE FOR THE
ABSENCES. REMOVAL FROM OFFICE REQUIRES JOINT ACTION BY THE
DIRECTOR OF AGRICULTURE AND DIRECTOR OF HEALTH.
(E) THE DIRECTOR OF AGRICULTURE OR THE PERSON THE DIRECTOR
DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF AND DIRECTOR OF HEALTH OR THE
PERSON THE DIRECTOR DESIGNATES TO SERVE ON THE DIRECTOR'S BEHALF SHALL
SERVE AS THE COUNCIL'S CO-CHAIRPERSONS WITHOUT VOTING RIGHTS. A
TWO-THIRDS MAJORITY VOTE OF THE COUNCIL'S VOTING MEMBERS IS
NECESSARY FOR THE COUNCIL TO ACT ON ANY MATTER.
(F) MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES
INCURRED IN PERFORMING DUTIES AS MEMBERS. THE EXPENSES SHALL BE SHARED
EQUALLY BY THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH. BOTH
DEPARTMENTS SHALL PROVIDE ADMINISTRATIVE SUPPORT TO THE COUNCIL.
(G) THE RETAIL FOOD SAFETY ADVISORY COUNCIL IS NOT SUBJECT TO
SECTION 101.84 OF THE REVISED CODE.
Sec. 3717.03. (A) THE RETAIL FOOD SAFETY ADVISORY COUNCIL
SHALL MEET AS NECESSARY TO FULFILL ITS DUTIES, WHICH INCLUDE ALL
THE FOLLOWING:
(1) MAKING RECOMMENDATIONS FOR THE OHIO UNIFORM FOOD SAFETY CODE;
(2) EXAMINING SPECIFIC FOOD SAFETY ISSUES RAISED BY THE
DIRECTOR OF AGRICULTURE OR DIRECTOR OF HEALTH AND MAKING RECOMMENDATIONS
REGARDING THOSE ISSUES;
(3) MEDIATING UNRESOLVED ISSUES AMONG STATE AGENCIES ABOUT
THE INTERPRETATION OF RULES ADOPTED UNDER THIS CHAPTER AND
MAKING RECOMMENDATIONS REGARDING THE ISSUES;
(4) MAKING RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE AND DIRECTOR OF
HEALTH WITH RESPECT TO IMPROVING THE FOOD SAFETY AWARENESS OF CONSUMERS AND
THEIR CONFIDENCE IN
THE STATE'S FOOD SUPPLY;
(5) MAKING RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE AND
DIRECTOR OF HEALTH REGARDING THE LICENSING CATEGORIES AND INSPECTION
FREQUENCIES TO BE USED IN REGULATING RETAIL FOOD ESTABLISHMENTS AND FOOD
SERVICE OPERATIONS;
(6) MAKING RECOMMENDATIONS TO THE DIRECTOR OF HEALTH WITH RESPECT
TO THE PROGRAM FOR CERTIFICATION OF INDIVIDUALS IN FOOD PROTECTION AND
APPROVAL OF COURSES IN FOOD PROTECTION.
(B) THE COUNCIL SHALL HOLD A MEETING AT THE REQUEST
OF THE DIRECTOR OF AGRICULTURE, AT THE REQUEST OF THE DIRECTOR OF
HEALTH, OR ON WRITTEN REQUEST OF THREE OR MORE VOTING
MEMBERS OF THE COUNCIL.
Sec. 3717.04. THE DIRECTOR OF AGRICULTURE, THE PUBLIC HEALTH COUNCIL, AND
THE DIRECTOR OF
HEALTH HAVE THE EXCLUSIVE POWER
IN THIS STATE TO ADOPT RULES REGARDING RETAIL FOOD ESTABLISHMENTS AND FOOD
SERVICE OPERATIONS. THE RULES ADOPTED UNDER THIS
CHAPTER SHALL BE APPLIED UNIFORMLY THROUGHOUT THIS STATE.
ALL RULES ADOPTED UNDER THIS CHAPTER SHALL BE ADOPTED IN
ACCORDANCE WITH CHAPTER 119. OF THE REVISED
CODE. SUBJECT TO THE APPROVAL OF THE JOINT COMMITTEE ON
AGENCY RULE REVIEW, PORTIONS OF THE RULES MAY BE ADOPTED BY REFERENCING ALL
OR ANY PART OF ANY FEDERAL REGULATIONS PERTAINING TO FOOD SAFETY.
Sec. 3717.05. (A) THE
DIRECTOR OF AGRICULTURE AND THE PUBLIC HEALTH COUNCIL SHALL ADOPT
RULES ESTABLISHING STANDARDS FOR SAFE FOOD HANDLING AND SANITATION
IN RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE OPERATIONS. THE
RULES SHALL BE COMPILED AS THE OHIO UNIFORM FOOD SAFETY CODE, WHICH
SHALL
BE USED BY THE LICENSORS OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICES
OPERATIONS IN ENSURING THE SAFE HANDLING OF FOOD IN THIS STATE.
ALL SCIENTIFIC PROVISIONS OF THE OHIO UNIFORM
FOOD SAFETY CODE THAT ARE RELEVANT TO BOTH RETAIL FOOD ESTABLISHMENTS AND FOOD
SERVICE OPERATIONS SHALL BE ADOPTED BY THE DIRECTOR OF AGRICULTURE AND
THE PUBLIC HEALTH COUNCIL WITH EACH OTHER'S CONCURRENCE.
THE OHIO UNIFORM FOOD SAFETY CODE SHALL INCLUDE
THE FOLLOWING:
(1) CRITERIA FOR SANITATION IN RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE
OPERATIONS;
(2) CRITERIA FOR EQUIPMENT IN RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE
OPERATIONS;
(3) CRITERIA FOR REVIEWING THE FACILITY LAYOUT AND EQUIPMENT
SPECIFICATIONS OF RETAIL FOOD
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS;
(4) A DEFINITION OF "POTENTIALLY HAZARDOUS" AS IT
PERTAINS TO FOOD IN RETAIL FOOD ESTABLISHMENTS AND TO FOOD IN FOOD
SERVICE OPERATIONS;
(5) CRITERIA TO BE USED IN EVALUATING THE PRIMARY
BUSINESS OF A PERSON OR GOVERNMENT ENTITY FOR PURPOSES OF
DETERMINING WHETHER THE PERSON OR ENTITY SHOULD BE LICENSED AS A
RETAIL FOOD ESTABLISHMENT OR FOOD SERVICE OPERATION.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF
THIS SECTION, IF
A MODEL FOOD CODE IS ESTABLISHED BY THE UNITED STATES FOOD
AND
DRUG ADMINISTRATION, THE OHIO UNIFORM FOOD SAFETY CODE SHALL BE BASED
ON
THE MOST CURRENT VERSION OF THE FOOD AND DRUG ADMINISTRATION'S MODEL FOOD
CODE. IF THE FOOD AND DRUG ADMINISTRATION ADOPTS, MODIFIES, OR RESCINDS
A PROVISION IN THE MODEL FOOD CODE, NOT LATER THAN NINE MONTHS
AFTER THE ADMINISTRATION'S ACTION, THE DIRECTOR OF AGRICULTURE AND
PUBLIC HEALTH COUNCIL SHALL ADOPT, AMEND, OR RESCIND PROVISIONS IN
THE OHIO UNIFORM FOOD SAFETY CODE TO ENSURE THAT IT CONTINUES TO
CONFORM
WITH THE MODEL FOOD CODE.
(2) THE OHIO UNIFORM FOOD SAFETY CODE MAY CONTAIN OR OMIT
PROVISIONS
THAT
DO NOT CORRESPOND TO THE FOOD AND DRUG ADMINISTRATION'S MODEL FOOD CODE IF THE
DIRECTOR OF
AGRICULTURE OR THE PUBLIC HEALTH COUNCIL, WITH EACH OTHER'S CONCURRENCE,
DETERMINES EITHER OF THE
FOLLOWING:
(a) THAT RULES CAN BE ADOPTED UNDER THIS CHAPTER THAT PROVIDE
PROTECTION AT LEAST AS EFFECTIVE AS THAT WHICH WOULD BE PROVIDED BY BASING THE
RULES ON THE MODEL
FOOD CODE;
(b) THAT LOCAL CONDITIONS WARRANT THE ADOPTION OF STANDARDS THAT
ARE DIFFERENT FROM THE MODEL FOOD CODE.
Sec. 3717.06. THE DIRECTOR OF AGRICULTURE SHALL CREATE WITHIN THE
DEPARTMENT OF AGRICULTURE A POSITION TO BE FILLED BY AN
INDIVIDUAL KNOWLEDGEABLE IN FOOD SAFETY AND THE EPIDEMIOLOGY OF FOODBORNE
ILLNESS. THE DIRECTOR OF HEALTH SHALL CREATE
WITHIN THE DEPARTMENT OF HEALTH A POSITION TO BE FILLED BY AN INDIVIDUAL
KNOWLEDGEABLE IN FOOD SAFETY RULES CONCERNING FOOD SERVICE OPERATIONS AND THE
EPIDEMIOLOGY OF FOODBORNE ILLNESS. THE
INDIVIDUALS APPOINTED TO THESE POSITIONS SHALL SERVE AS LIAISONS BETWEEN THE
DEPARTMENTS.
THEY SHALL ALSO SERVE AS THE DEPARTMENTS'
LIAISONS WITH OTHER STATE AGENCIES, BOARDS OF HEALTH, REPRESENTATIVES OF
RETAIL AND OTHER FOOD ESTABLISHMENTS, REPRESENTATIVES OF FOOD SERVICE
OPERATIONS, AND
THE FEDERAL GOVERNMENT.
Sec. 3717.07. FOR PURPOSES OF ESTABLISHING A LICENSING FEE UNDER
SECTIONS 3717.25 AND 3717.45 OF THE REVISED CODE, THE
DIRECTOR OF
AGRICULTURE AND THE PUBLIC HEALTH COUNCIL SHALL ADOPT RULES ESTABLISHING
UNIFORM METHODOLOGIES FOR USE
IN CALCULATING THE COSTS OF LICENSING RETAIL FOOD ESTABLISHMENTS IN THE
CATEGORIES SPECIFIED BY THE
DIRECTOR AND THE COSTS OF LICENSING FOOD SERVICE OPERATIONS IN THE
CATEGORIES SPECIFIED BY THE COUNCIL. IN ADOPTING THE RULES, THE
DIRECTOR OF AGRICULTURE AND THE PUBLIC HEALTH COUNCIL SHALL
CONSIDER ANY RECOMMENDATIONS RECEIVED FROM ADVISORY BOARDS OR
OTHER ENTITIES REPRESENTING THE INTERESTS OF RETAIL FOOD
ESTABLISHMENTS AND FOOD SERVICE OPERATIONS.
WITH REGARD TO ANY FEES CHARGED FOR LICENSING VENDING MACHINE
LOCATIONS, THE RULES SHALL PROHIBIT A LICENSOR FROM INCREASING FEES
BY A PERCENTAGE OF INCREASE OVER THE PREVIOUS YEAR'S FEE THAT
EXCEEDS THE PERCENTAGE OF INCREASE IN THE CONSUMER PRICE INDEX FOR
ALL URBAN CONSUMERS (UNITED STATES CITY AVERAGE, ALL ITEMS),
PREPARED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF
LABOR
STATISTICS, FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR.
Sec. 3717.08 (A) THE DIRECTOR OF AGRICULTURE AND DIRECTOR OF
HEALTH SHALL STRIVE TO INCREASE CONSUMER CONFIDENCE IN THE STATE'S FOOD SUPPLY
BY PROMOTING FOOD
SAFETY AWARENESS AND EDUCATION. THE EFFORTS OF THE DIRECTOR OF AGRICULTURE
AND DIRECTOR OF HEALTH
SHALL BE MADE, WHEN APPROPRIATE AND AVAILABLE, THROUGH
PARTNERSHIPS WITH REPRESENTATIVES OF RETAIL FOOD ESTABLISHMENTS,
REPRESENTATIVES OF FOOD SERVICE OPERATIONS, AND REPRESENTATIVES OF
THE ACADEMIC COMMUNITY, INCLUDING THE OHIO STATE UNIVERSITY
EXTENSION SERVICE.
(B) AS PART OF THEIR PROMOTION OF FOOD SAFETY AWARENESS, THE
DIRECTOR OF AGRICULTURE AND THE DIRECTOR OF HEALTH SHALL DO THE FOLLOWING:
(1) DEVELOP TRAINING PROGRAMS REGARDING THE OHIO UNIFORM FOOD
SAFETY
CODE. THE DIRECTORS MAY OFFER THE TRAINING PROGRAMS SEPARATELY BUT SHALL
COORDINATE THE
CONTENT OF THE PROGRAMS TO THE GREATEST EXTENT PRACTICABLE. THE TRAINING
PROGRAMS SHALL BE MADE
AVAILABLE TO THE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE,
EMPLOYEES OF THE DEPARTMENT OF HEALTH, REPRESENTATIVES OF BOARDS
OF HEALTH AND THE HEALTH OFFICIALS EMPLOYED BY THE BOARDS,
REPRESENTATIVES OF RETAIL FOOD ESTABLISHMENTS, AND REPRESENTATIVES
OF FOOD SERVICE OPERATIONS.
(2) CO-SPONSOR A BIENNIAL STATEWIDE FOOD SAFETY CONFERENCE.
ADDITIONAL STATEWIDE FOOD SAFETY CONFERENCES MAY BE HELD AS
CONSIDERED APPROPRIATE BY THE DIRECTOR OF AGRICULTURE AND DIRECTOR
OF HEALTH.
Sec. 3732.14 3717.09. In accordance with rules adopted by
the
public health council under section 3732.02 3717.51 of the
Revised Code,
the director of health shall approve courses of study for
certification in food protection AS IT PERTAINS TO RETAIL FOOD
ESTABLISHMENTS AND AS IT PERTAINS TO FOOD SERVICE OPERATIONS. The
director shall
certify
individuals in food protection who successfully complete a course
of study approved under this section and meet all other
certification requirements specified in rules adopted by the
public health council under section 3732.02 3717.51 of the
Revised Code.
Sec. 3732.09 3717.11. (A) The director of health shall
survey the EACH
board of health of each city or general health district, or the
authority having the duties of a board of health under section
3709.05 of the Revised Code, that licenses or proposes to license
food service operations SHALL BE SURVEYED for the purpose of
determining whether
the board or authority is qualified AND HAS THE CAPACITY to
administer
and enforce
this chapter and the rules adopted under it AND TO ABIDE BY THE
OHIO UNIFORM FOOD SAFETY CODE. Each
IF THE BOARD LICENSES OR PROPOSES TO LICENSE RETAIL FOOD
ESTABLISHMENTS, THE SURVEY SHALL BE CONDUCTED BY THE
DIRECTOR OF AGRICULTURE. IF THE BOARD LICENSES OR
PROPOSES TO LICENSE FOOD SERVICE OPERATIONS, THE SURVEY SHALL
BE CONDUCTED BY THE DIRECTOR OF HEALTH.
EACH board or
authority shall be surveyed BY EACH DIRECTOR at
least once every three
years.
Surveys shall be conducted in accordance with rules
adopted by
the director under section 3732.13 SECTIONS 3717.33
AND 3717.52 of the Revised Code,
AS APPLICABLE. THE DIRECTORS SHALL SCHEDULE AND
CONDUCT THEIR SURVEYS IN A MANNER THAT MINIMIZES, TO THE EXTENT
PRACTICABLE, INTRUSION ON AND INCONVENIENCE TO THE BOARD.
If the director determines A SURVEY DEMONSTRATES that the
board
or authority is
qualified AND HAS THE REQUISITE CAPACITY, the director CONDUCTING
THE SURVEY shall approve it THE BOARD as the
licensor
OF RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE OPERATIONS,
WHICHEVER IS BEING CONSIDERED,
for the
district it THE BOARD serves. If the director
determines A SURVEY DEMONSTRATES that a board or
authority is not qualified OR DOES NOT HAVE THE REQUISITE CAPACITY,
the
director CONDUCTING THE SURVEY shall not approve it THE
BOARD as
a licensor, or shall revoke the DIRECTOR'S
approval, whichever is
appropriate. If the THE BOARD MAY APPEAL THE DECISION TO DENY OR
REVOKE APPROVAL TO THE DIRECTOR TAKING THE ACTION. THE APPEAL SHALL BE
CONDUCTED IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3717.33 OR 3717.52 OF
THE REVISED CODE, AS APPLICABLE.
IF
approval is not granted DENIED or
is revoked, the
director
TAKING THE ACTION SHALL DESIGNATE AN ALTERNATIVE LICENSOR FOR
THE DISTRICT. THE ALTERNATIVE LICENSOR SHALL BE A
BOARD OF HEALTH THAT IS QUALIFIED AND HAS THE REQUISITE
CAPACITY TO SERVE AS ALTERNATIVE LICENSOR, EXCEPT THAT IF A
QUALIFIED AND CAPABLE BOARD IS NOT AVAILABLE FROM A
HEALTH DISTRICT WITHIN REASONABLE PROXIMITY, THE
DIRECTOR THAT DENIED OR REVOKED THE BOARD'S APPROVAL
shall act as the ALTERNATIVE licensor for the district or designate
an alternative licensor to act as the licensor for the district.
(B) When the director revokes the approval of a board or
authority IS REVOKED, all valid food service operation
licenses issued by
that board or authority
FOR RETAIL FOOD ESTABLISHMENTS OR FOOD SERVICE OPERATIONS,
WHICHEVER HAVE BEEN AFFECTED,
shall be treated as though issued by the
director or the alternative licensor, whichever is acting as the
licensor for the district, and. THE LICENSES shall remain
valid until scheduled
to expire unless earlier suspended or revoked by the director or
alternative licensor under section 3732.11 of the Revised Code.
(C) All fees charged under section 3732.04 3717.25 OR
3717.45 of the Revised
Code that have not been expended by a board or authority that has
had its approval revoked shall be transferred to the alternative
licensor or to the director, whichever is appropriate. An A
BOARD
OF HEALTH ACTING AS
alternative licensor shall deposit the fees into a special fund
it establishes for receipt of funds pertaining to the district
for which it is acting as licensor.
IF THE DIRECTOR OF AGRICULTURE IS ACTING AS LICENSOR, THE
DIRECTOR SHALL DEPOSIT THE FEES IN THE FOOD SAFETY FUND CREATED
IN SECTION 915.24 OF THE REVISED CODE.
If the director OF HEALTH is
acting as
licensor, the DIRECTOR SHALL DEPOSIT THE fees shall be deposited
in the general operations
fund created in section 3701.82 3701.83 of the Revised Code.
All fees
charged in the district by the alternative licensor or director
shall be deposited in the same manner. Moneys deposited under
this division shall be used solely for the administration and
enforcement of this chapter and the rules adopted under it in the
district for which the alternative licensor or the
director is
acting as licensor.
(D)(1) A board or authority that has had its approval TO ACT AS A
LICENSOR
revoked may submit a request to the director WHO REVOKED THE APPROVAL
to be reinstated as
a licensor. The request shall be in writing and shall specify
the corrective measures the board or authority has taken and a
proposed plan of action to remedy any remaining causes of the
revocation. The director may reinstate the board or authority as
a licensor if all of the following occur:
(a) The board or authority pays or arranges to pay the
alternative licensor or director, as applicable, for costs
incurred in acting as licensor for the district and in
transferring responsibility for the district to the board or
authority, if those costs exceed the moneys available under
division (C) of this section for the district;
(b) The board or authority corrects all causes of the
revocation;
(c) The alternative licensor or director, as applicable,
consents to the reinstatement.
(2) The reinstatement of a board or authority as a
licensor shall be conducted in accordance with procedures
established in rules adopted UNDER THIS CHAPTER by the director
under section
3732.13 of the Revised
Code WHO REVOKED THE APPROVAL.
Sec. 3732.06 3717.12. If all or part of the territory within
a
health district becomes subject to the jurisdiction of a
different board of health of a city or general health district or
authority having the duties of a board of health under section
3709.05 of the Revised Code, all valid RETAIL FOOD ESTABLISHMENT OR
food service operation
licenses issued by the original board or authority OF HEALTH
shall be
treated as though issued by the board or authority OF HEALTH
with
jurisdiction over the territory and shall remain valid until
scheduled to expire unless earlier suspended or revoked by the
board or authority under section 3732.11 of the Revised Code
THIS
CHAPTER.
Sec. 3732.10 3717.13. A licensor may employ or enter into
contracts with qualified persons and government entities to
conduct inspections and to assist the licensor by performing
routine services in the administration and enforcement of this
chapter and the rules adopted under it.
Sec. 3717.21. EXCEPT AS PROVIDED IN SECTION 3717.22 OF THE
REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL
OPERATE A RETAIL FOOD ESTABLISHMENT WITHOUT A LICENSE. A
SEPARATE LICENSE IS REQUIRED FOR EACH RETAIL FOOD ESTABLISHMENT
THAT A PERSON OR GOVERNMENT ENTITY OPERATES.
NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH ANY OTHER
REQUIREMENT OF
THIS CHAPTER APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.
Sec. 3717.22. (A) THE FOLLOWING ARE NOT RETAIL FOOD
ESTABLISHMENTS:
(1) A FOOD SERVICE OPERATION LICENSED UNDER THIS
CHAPTER, INCLUDING A FOOD SERVICE OPERATION
THAT PROVIDES THE SERVICES OF A RETAIL FOOD ESTABLISHMENT
PURSUANT TO AN ENDORSEMENT ISSUED UNDER SECTION 3717.44 OF THE
REVISED CODE;
(2) AN ENTITY EXEMPT UNDER DIVISIONS (B)(1) TO (9), (11), OR (12)
OF SECTION 3717.42 OF THE REVISED CODE FROM THE REQUIREMENT
TO BE LICENSED AS A FOOD SERVICE OPERATION AND AN ENTITY EXEMPT
UNDER DIVISION (B)(10) OF THAT SECTION IF THE ENTITY IS REGULATED BY
THE DEPARTMENT OF AGRICULTURE AS A WHOLESALE FOOD ESTABLISHMENT UNDER SECTION
3715.021 OF THE REVISED CODE;
(3) A BUSINESS OR THAT PORTION OF A BUSINESS THAT IS REGULATED BY THE
FEDERAL GOVERNMENT OR THE DEPARTMENT OF
AGRICULTURE AS A FOOD MANUFACTURING OR FOOD PROCESSING OPERATION, INCLUDING
AN OPERATION OR THAT PORTION OF AN OPERATION REGULATED BY THE DEPARTMENT OF
AGRICULTURE UNDER CHAPTER
911., 913., 915., 917., 918., OR 925. OF THE REVISED CODE.
(B) ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT TO BE
LICENSED AS A RETAIL FOOD ESTABLISHMENT:
(1) AN OPERATION WITH COMMERCIALLY PREPACKAGED FOODS
THAT ARE NOT POTENTIALLY HAZARDOUS AND CONTAINED IN DISPLAYS OF
LESS THAN TEN CUBIC FEET;
(2) A STORAGE FACILITY OF LESS THAN FIVE HUNDRED
SQUARE FEET CONTAINING PREPACKAGED FOODS THAT ARE NOT
POTENTIALLY HAZARDOUS;
(3) A ROADSIDE MARKET THAT OFFERS ONLY FRESH FRUITS
AND FRESH VEGETABLES THAT ARE UNPROCESSED;
(4) A NONPROFIT ORGANIZATION EXEMPT FROM FEDERAL INCOME TAXATION UNDER
SECTION 501(c)(3) OF THE "INTERNAL REVENUE
CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, THAT
RAISES FUNDS BY
SELLING DISPLAYED FOODS, IF THE FOODS ARE NOT POTENTIALLY HAZARDOUS AND
THE DISPLAY IS MADE FOR NOT MORE THAN SEVEN CONSECUTIVE DAYS OR
MORE THAN FIFTY-TWO SEPARATE DAYS DURING A LICENSING PERIOD.
Sec. 3717.23. (A) EACH PERSON OR
GOVERNMENT ENTITY SEEKING A RETAIL FOOD ESTABLISHMENT LICENSE
OR THE RENEWAL OF A LICENSE SHALL APPLY TO THE APPROPRIATE
LICENSOR ON A FORM PROVIDED BY THE LICENSOR. A LICENSOR SHALL
USE A FORM PRESCRIBED AND FURNISHED TO THE LICENSOR BY THE
DIRECTOR OF AGRICULTURE OR A FORM PRESCRIBED BY THE LICENSOR
THAT HAS BEEN APPROVED BY THE DIRECTOR. THE APPLICANT SHALL INCLUDE WITH
THE APPLICATION ALL INFORMATION
NECESSARY FOR THE LICENSOR TO PROCESS THE APPLICATION, AS REQUESTED BY THE
LICENSOR.
AN APPLICATION FOR A RETAIL FOOD ESTABLISHMENT LICENSE SHALL BE SUBMITTED
TO THE LICENSOR FOR THE
HEALTH DISTRICT IN WHICH
THE RETAIL FOOD ESTABLISHMENT IS LOCATED.
(B) THE LICENSOR SHALL
REVIEW ALL APPLICATIONS RECEIVED. THE LICENSOR SHALL ISSUE A
LICENSE FOR A NEW RETAIL FOOD ESTABLISHMENT WHEN THE APPLICANT
SUBMITS A COMPLETE APPLICATION AND THE LICENSOR DETERMINES THAT
THE APPLICANT MEETS ALL OTHER REQUIREMENTS OF
THIS CHAPTER AND THE RULES ADOPTED
UNDER IT FOR RECEIVING THE LICENSE. THE LICENSOR SHALL ISSUE A RENEWED
LICENSE ON RECEIPT
OF A COMPLETE RENEWAL APPLICATION.
THE LICENSOR SHALL ISSUE LICENSES FOR RETAIL FOOD ESTABLISHMENTS ON FORMS
PRESCRIBED AND FURNISHED BY THE DIRECTOR OF AGRICULTURE.
(C)(1) A RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES AT THE
END OF
THE LICENSING PERIOD FOR WHICH THE LICENSE IS ISSUED, EXCEPT AS FOLLOWS:
(a) A LICENSE
ISSUED TO A NEW RETAIL FOOD ESTABLISHMENT AFTER THE FIRST DAY OF
DECEMBER DOES NOT EXPIRE UNTIL THE END OF THE LICENSING PERIOD NEXT
SUCCEEDING ISSUANCE OF THE LICENSE.
(b) A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE EXPIRES AT THE
END OF THE PERIOD FOR WHICH IT IS ISSUED.
(2) ALL RETAIL FOOD
ESTABLISHMENT LICENSES REMAIN VALID
UNTIL SCHEDULED TO EXPIRE UNLESS EARLIER SUSPENDED OR
REVOKED UNDER SECTION 3717.29 OR 3717.30 OF THE
REVISED CODE.
(D) A RETAIL FOOD ESTABLISHMENT LICENSE MAY BE RENEWED, EXCEPT
THAT A TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE IS NOT RENEWABLE. A PERSON
OR GOVERNMENT ENTITY SEEKING LICENSE RENEWAL SHALL SUBMIT
AN APPLICATION FOR RENEWAL TO THE LICENSOR NOT LATER THAN THE FIRST DAY OF
MARCH, EXCEPT IN THE CASE OF A SEASONAL RETAIL FOOD ESTABLISHMENT,
WHEN THE RENEWAL APPLICATION SHALL BE SUBMITTED BEFORE COMMENCING OPERATION IN
A NEW LICENSING PERIOD. A LICENSOR MAY RENEW A
LICENSE PRIOR TO THE FIRST DAY OF
MARCH, BUT NOT BEFORE THE FIRST
DAY OF FEBRUARY IMMEDIATELY
PRECEDING THE LICENSING PERIOD FOR WHICH THE LICENSE IS BEING
RENEWED.
IF A PERSON OR GOVERNMENT ENTITY DOES NOT FILE A RENEWAL APPLICATION
WITH THE LICENSOR POSTMARKED ON OR BEFORE THE FIRST DAY OF
MARCH OR, IN THE CASE OF A SEASONAL RETAIL FOOD ESTABLISHMENT, THE
FIRST DAY OF OPERATION IN A NEW LICENSING PERIOD, THE LICENSOR SHALL
ASSESS A PENALTY OF TWENTY-FIVE PER CENT OF THE FEE CHARGED FOR
RENEWING THE LICENSE, IF THE LICENSOR CHARGES RENEWAL FEES.
IF AN
APPLICANT IS SUBJECT TO A PENALTY, THE LICENSOR SHALL NOT RENEW
THE LICENSE UNTIL THE APPLICANT PAYS THE PENALTY.
(E)(1) A LICENSOR MAY
ISSUE NOT MORE THAN TEN TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSES PER
LICENSING PERIOD TO THE SAME
PERSON OR GOVERNMENT ENTITY TO OPERATE AT DIFFERENT EVENTS WITHIN THE
LICENSOR'S JURISDICTION. FOR EACH
PARTICULAR EVENT, A
LICENSOR MAY ISSUE ONLY ONE TEMPORARY RETAIL FOOD ESTABLISHMENT LICENSE TO THE
SAME PERSON OR GOVERNMENT ENTITY.
(2) A LICENSOR MAY ISSUE A TEMPORARY RETAIL FOOD ESTABLISHMENT
LICENSE TO OPERATE FOR MORE THAN FIVE CONSECUTIVE DAYS
IF BOTH OF THE FOLLOWING APPLY:
(a) THE ESTABLISHMENT WILL BE OPERATED AT AN EVENT ORGANIZED
BY
A COUNTY AGRICULTURAL SOCIETY OR INDEPENDENT AGRICULTURAL SOCIETY
ORGANIZED UNDER CHAPTER 1711. OF THE REVISED CODE.
(b) THE PERSON WHO WILL RECEIVE THE LICENSE IS A RESIDENT OF
THE
COUNTY OR ONE OF THE COUNTIES FOR WHICH THE AGRICULTURAL SOCIETY WAS
ORGANIZED.
(3) A PERSON MAY BE GRANTED ONLY ONE TEMPORARY RETAIL FOOD
ESTABLISHMENT LICENSE PER LICENSING PERIOD PURSUANT TO DIVISION
(E)(2) OF THIS SECTION.
(F) THE LICENSOR MAY
PLACE RESTRICTIONS OR CONDITIONS ON A RETAIL FOOD ESTABLISHMENT
LICENSE, BASED ON THE EQUIPMENT OR FACILITIES OF THE ESTABLISHMENT, LIMITING
THE TYPES OF FOOD THAT MAY BE STORED, PROCESSED, PREPARED, MANUFACTURED,
OR OTHERWISE HELD OR HANDLED FOR RETAIL SALE.
(G) THE PERSON OR GOVERNMENT ENTITY HOLDING A LICENSE FOR A
RETAIL FOOD ESTABLISHMENT SHALL
DISPLAY THE LICENSE FOR THAT RETAIL FOOD ESTABLISHMENT AT ALL
TIMES AT THE LICENSED LOCATION.
(H) WITH THE ASSISTANCE OF THE DEPARTMENT OF
AGRICULTURE, THE LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE
PROCESS FOR LICENSING RETAIL FOOD ESTABLISHMENTS.
Sec. 3717.24. (A) THE PERSON OR GOVERNMENT ENTITY
HOLDING A LICENSE FOR A RETAIL FOOD ESTABLISHMENT MAY PROVIDE THE SERVICES
OF A FOOD SERVICE OPERATION WITHIN THE RETAIL FOOD ESTABLISHMENT
WITHOUT OBTAINING A FOOD SERVICE OPERATION LICENSE IF THE PERSON
OR ENTITY HAS RECEIVED FROM THE LICENSOR OF RETAIL FOOD ESTABLISHMENTS AN
ENDORSEMENT TO PROVIDE THE SERVICES OF A FOOD SERVICE OPERATION.
(B) WHEN THE ACTIVITIES OF A RETAIL FOOD
ESTABLISHMENT AND A FOOD SERVICE OPERATION ARE CARRIED ON WITHIN
THE SAME FACILITY BY THE SAME PERSON OR GOVERNMENT ENTITY, THE
DETERMINATION OF WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A RETAIL
FOOD ESTABLISHMENT OR FOOD SERVICE OPERATION SHALL BE MADE ACCORDING TO THE
PRIMARY BUSINESS OF THE
PERSON OR ENTITY. IF THE PRIMARY BUSINESS IS THAT OF A RETAIL FOOD
ESTABLISHMENT, THE PERSON OR ENTITY SHALL BE LICENSED AS A RETAIL FOOD
ESTABLISHMENT OPERATION WITH AN ENDORSEMENT FROM THE LICENSOR ISSUED
UNDER THIS SECTION TO PROVIDE THE SERVICES OF A FOOD SERVICE
OPERATION. IF THE PRIMARY BUSINESS IS THAT OF A FOOD SERVICE OPERATION,
THE PERSON OR ENTITY SHALL BE LICENSED AS A FOOD SERVICE
OPERATION AND IS SUBJECT TO THE ENDORSEMENT PROVISIONS OF
SECTION 3717.44 OF THE REVISED CODE.
THE
LICENSOR OF RETAIL FOOD ESTABLISHMENTS AND FOOD SERVICE OPERATIONS FOR THE
AREA IN WHICH A FACILITY IS LOCATED SHALL MAKE THE DETERMINATION OF WHETHER
THE PRIMARY BUSINESS CARRIED ON WITHIN A FACILITY IS THAT OF A RETAIL FOOD
ESTABLISHMENT OR FOOD SERVICE OPERATION. IF THE LICENSOR OF RETAIL FOOD
ESTABLISHMENTS FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF FOOD SERVICE
OPERATIONS, THE DETERMINATION SHALL BE MADE JOINTLY BY BOTH LICENSORS. EACH
DETERMINATION SHALL BE MADE
ACCORDING TO CRITERIA SPECIFIED IN THE OHIO UNIFORM FOOD SAFETY CODE.
(C) A REQUEST TO HAVE A RETAIL FOOD ESTABLISHMENT
LICENSE INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN
APPLICATION FOR ISSUANCE OR RENEWAL OF A RETAIL FOOD
ESTABLISHMENT OR MAY BE SUBMITTED SEPARATELY. PROCEDURES FOR
MAKING SEPARATE REQUESTS SHALL BE THE SAME AS THE LICENSE
APPLICATION PROCEDURES ESTABLISHED UNDER SECTION 3717.23 OF THE
REVISED CODE.
AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME MANNER
AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION 3717.29
OR 3717.30 OF THE REVISED CODE. THE SUSPENSION OR
REVOCATION OF AN ENDORSEMENT DOES NOT AFFECT THE RETAIL FOOD
ESTABLISHMENT LICENSE THAT INCLUDES THE ENDORSEMENT. IF THE
RETAIL FOOD ESTABLISHMENT LICENSE IS SUSPENDED OR REVOKED, THE ENDORSEMENT
INCLUDED ON THE
LICENSE IS ALSO SUSPENDED OR REVOKED.
(D) IF A FOOD SERVICE OPERATION IS OPERATED WITHIN
A RETAIL FOOD ESTABLISHMENT BY A PERSON OR GOVERNMENT ENTITY
OTHER THAN THE PERSON OR ENTITY HOLDING THE
LICENSE TO OPERATE THE RETAIL FOOD ESTABLISHMENT, THE FOOD SERVICE OPERATION
MAY NOT BE OPERATED UNDER AN ENDORSEMENT ISSUED UNDER THIS SECTION. THE
OPERATION SHALL BE LICENSED AS A SEPARATE FOOD SERVICE
OPERATION.
Sec. 3717.25. (A) A
LICENSOR MAY CHARGE FEES FOR ISSUING AND RENEWING RETAIL FOOD
ESTABLISHMENT LICENSES. ANY LICENSING
FEE CHARGED SHALL BE USED SOLELY FOR THE ADMINISTRATION AND ENFORCEMENT OF THE
PROVISIONS OF THIS
CHAPTER
AND THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.
ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL BE BASED ON
THE LICENSOR'S COSTS OF REGULATING RETAIL FOOD ESTABLISHMENTS, AS
DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES ESTABLISHED UNDER
SECTION 3717.07 OF THE REVISED CODE. IF THE LICENSOR IS A
BOARD
OF HEALTH, A FEE MAY BE DISAPPROVED BY THE DISTRICT ADVISORY
COUNCIL IN THE CASE OF A GENERAL HEALTH DISTRICT OR THE
LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF A CITY HEALTH
DISTRICT. A DISAPPROVED FEE SHALL NOT BE CHARGED BY THE BOARD OF
HEALTH.
AT LEAST THIRTY DAYS
PRIOR TO ESTABLISHING A LICENSING FEE, THE LICENSOR SHALL HOLD A
PUBLIC HEARING REGARDING THE PROPOSED FEE. AT LEAST THIRTY DAYS
PRIOR TO THE PUBLIC HEARING, THE LICENSOR SHALL GIVE WRITTEN
NOTICE OF THE HEARING TO EACH PERSON OR GOVERNMENT ENTITY HOLDING A RETAIL
FOOD ESTABLISHMENT LICENSE THAT MAY BE AFFECTED BY
THE PROPOSED FEE. THE NOTICE SHALL BE MAILED TO THE LAST KNOWN
ADDRESS OF THE LICENSEE AND SHALL SPECIFY THE DATE, TIME, AND
PLACE OF THE HEARING AND THE AMOUNT OF THE PROPOSED FEE. ON
REQUEST, THE LICENSOR SHALL PROVIDE THE COMPLETED UNIFORM
METHODOLOGY USED IN THE CALCULATION OF THE LICENSOR'S COSTS AND
THE PROPOSED FEE.
(B) IN ADDITION TO
LICENSING FEES, A LICENSOR MAY CHARGE FEES FOR ANY OF THE
FOLLOWING:
(1) REVIEW OF FACILITY LAYOUT AND EQUIPMENT SPECIFICATIONS PERTAINING TO
RETAIL FOOD
ESTABLISHMENTS;
(2) ANY NECESSARY COLLECTION AND BACTERIOLOGICAL
EXAMINATION OF SAMPLES FROM RETAIL FOOD ESTABLISHMENTS OR SIMILAR SERVICES
SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY THE DIRECTOR OF AGRICULTURE;
(3) ATTENDANCE AT A COURSE OF STUDY OFFERED BY THE LICENSOR IN FOOD
PROTECTION AS IT PERTAINS TO RETAIL FOOD ESTABLISHMENTS, IF THE COURSE IS
APPROVED UNDER SECTION 3717.09 OF THE REVISED CODE.
(C) THE DIRECTOR
MAY DETERMINE BY RULE AN AMOUNT TO BE COLLECTED FROM
APPLICANTS FOR RETAIL FOOD ESTABLISHMENT LICENSES FOR USE BY THE
DIRECTOR IN ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS CHAPTER AND THE
RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. LICENSORS
SHALL COLLECT THE AMOUNT
PRIOR TO ISSUING AN APPLICANT'S NEW OR RENEWED LICENSE. IF A
LICENSING FEE IS CHARGED UNDER THIS SECTION, THE LICENSOR SHALL
COLLECT THE AMOUNT AT THE SAME TIME THE FEE IS COLLECTED.
LICENSORS ARE NOT REQUIRED TO PROVIDE NOTICE OR HOLD PUBLIC
HEARINGS REGARDING AMOUNTS COLLECTED UNDER THIS DIVISION.
NOT LATER THAN SIXTY DAYS AFTER THE LAST DAY OF THE MONTH
IN WHICH A LICENSE IS ISSUED, THE LICENSOR SHALL CERTIFY THE
AMOUNT COLLECTED UNDER THIS DIVISION AND TRANSMIT THE AMOUNT TO
THE TREASURER OF STATE. ALL AMOUNTS RECEIVED SHALL BE DEPOSITED INTO THE FOOD
SAFETY FUND CREATED IN
SECTION
915.24 OF THE REVISED
CODE. THE DIRECTOR SHALL USE THE AMOUNTS SOLELY FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER AND THE RULES
ADOPTED UNDER
IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.
WHEN ADOPTING RULES REGARDING THE AMOUNTS COLLECTED UNDER
THIS DIVISION, THE DIRECTOR SHALL MAKE AVAILABLE DURING THE RULE
MAKING PROCESS THE CURRENT AND PROJECTED EXPENSES OF
ADMINISTERING AND ENFORCING THE PROVISIONS OF THIS CHAPTER AND THE RULES
ADOPTED
UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS AND THE TOTAL OF ALL AMOUNTS
THAT HAVE BEEN DEPOSITED
IN THE FOOD SAFETY FUND PURSUANT TO THIS DIVISION.
Sec. 3717.26. (A) A LICENSOR MAY TRANSFER A
RETAIL FOOD ESTABLISHMENT LICENSE UNDER EITHER OF THE FOLLOWING
CIRCUMSTANCES:
(1) THE SALE OR DISPOSITION OF THE RETAIL FOOD
ESTABLISHMENT;
(2) THE RELOCATION OF THE RETAIL FOOD
ESTABLISHMENT.
(B) A PERSON OR
GOVERNMENT ENTITY MAY REQUEST TO RECEIVE A RETAIL FOOD
ESTABLISHMENT LICENSE BY TRANSFER. A LICENSOR MAY TRANSFER A
LICENSE ONLY ON DETERMINING THAT THE PERSON OR GOVERNMENT ENTITY
REQUESTING THE TRANSFER IS IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER
AND
THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS. IN THE
CASE OF THE SALE OR
DISPOSITION OF A RETAIL FOOD ESTABLISHMENT, THE LICENSOR MAY TRANSFER A
LICENSE ONLY IF THE LICENSEE CONSENTS TO THE TRANSFER. A LICENSOR MAY NOT
TRANSFER A
LICENSE MORE THAN ONCE IN A LICENSING PERIOD. A LICENSE FOR A TEMPORARY
RETAIL FOOD ESTABLISHMENT IS NOT TRANSFERABLE.
Sec. 3717.27. (A) ALL INSPECTIONS OF RETAIL FOOD
ESTABLISHMENTS CONDUCTED BY A LICENSOR UNDER THIS CHAPTER SHALL BE CONDUCTED
ACCORDING TO THE PROCEDURES AND SCHEDULE OF FREQUENCY SPECIFIED IN RULES
ADOPTED UNDER SECTION 3717.33 of the Revised Code. AN INSPECTION MAY BE PERFORMED ONLY BY AN
INDIVIDUAL REGISTERED AS A
SANITARIAN OR SANITARIAN-IN-TRAINING
UNDER CHAPTER 4736. OF THE REVISED
CODE. EACH INSPECTION SHALL BE RECORDED ON A FORM
PRESCRIBED AND FURNISHED BY THE DIRECTOR OF
AGRICULTURE OR A FORM APPROVED BY THE DIRECTOR THAT HAS BEEN PRESCRIBED BY A
BOARD OF HEALTH ACTING AS LICENSOR. WITH THE ASSISTANCE OF THE
DIRECTOR, A BOARD ACTING AS LICENSOR, TO THE EXTENT PRACTICABLE, SHALL
COMPUTERIZE THE
INSPECTION PROCESS AND
STANDARDIZE THE MANNER IN WHICH ITS INSPECTIONS ARE
CONDUCTED.
(B) A PERSON OR GOVERNMENT ENTITY HOLDING A RETAIL FOOD
ESTABLISHMENT LICENSE SHALL
PERMIT THE LICENSOR TO INSPECT THE RETAIL FOOD ESTABLISHMENT FOR
PURPOSES OF DETERMINING COMPLIANCE WITH THIS CHAPTER AND THE
RULES ADOPTED UNDER IT OR INVESTIGATING A COMPLAINT CONCERNING
THE ESTABLISHMENT. ON REQUEST OF THE LICENSOR, THE LICENSEE SHALL PERMIT THE
LICENSOR TO EXAMINE THE
RECORDS OF THE RETAIL FOOD ESTABLISHMENT TO OBTAIN INFORMATION
ABOUT THE PURCHASE, RECEIPT, OR USE OF FOOD, SUPPLIES, AND
EQUIPMENT.
(C) AN INSPECTION MAY
INCLUDE THE FOLLOWING:
(1) AN INVESTIGATION TO DETERMINE THE
IDENTITY AND SOURCE OF A PARTICULAR FOOD;
(2) REMOVAL FROM USE OF ANY EQUIPMENT, UTENSILS, HAND TOOLS, OR
PARTS OF FACILITIES FOUND TO BE MAINTAINED IN A CONDITION
THAT PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH.
Sec. 3717.28. TRADE SECRETS AND OTHER FORMS OF INFORMATION THAT
UNDER THIS CHAPTER ARE REQUIRED TO BE FURNISHED TO OR ARE PROCURED
BY A LICENSOR OF RETAIL FOOD ESTABLISHMENTS SHALL BE FOR THE
EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE DISCHARGE OF
THE LICENSOR'S OFFICIAL DUTIES. THE INFORMATION SHALL NOT BE OPEN
TO THE PUBLIC OR USED IN ANY ACTION OR PROCEEDING IN ANY COURT.
IF THE LICENSOR IS A BOARD OF HEALTH, THE BOARD MAY SHARE THE INFORMATION WITH
THE DIRECTOR OF AGRICULTURE AND DIRECTOR OF HEALTH IF THE LICENSOR IS THE
DIRECTOR OF AGRICULTURE, THE DIRECTOR MAY SHARE THE INFORMATION WITH THE
DIRECTOR OF HEALTH.
THE LICENSOR SHALL MAINTAIN THE CONFIDENTIALITY OF THE
INFORMATION, EXCEPT THAT THE INFORMATION MAY BE CONSOLIDATED IN
STATISTICAL TABLES AND PUBLISHED BY THE LICENSOR IN STATISTICAL
FORM FOR THE USE AND INFORMATION OF STATE AND LOCAL AGENCIES AND
THE PUBLIC, IF THE STATISTICS DO NOT DISCLOSE DETAILS ABOUT A
PARTICULAR PERSON OR GOVERNMENT ENTITY THAT PROVIDED INFORMATION
TO THE LICENSOR. AN INDIVIDUAL EMPLOYED BY THE LICENSOR OR
ASSISTING THE LICENSOR IN THE ADMINISTRATION OF THE RETAIL FOOD
ESTABLISHMENT LICENSING REQUIREMENTS OF THIS CHAPTER SHALL NOT
WILLFULLY DIVULGE ANY INFORMATION THAT IS CONFIDENTIAL UNDER THIS
SECTION TO ANY PERSON OR GOVERNMENT ENTITY OTHER THAN THE LICENSOR
OR THE INDIVIDUAL'S SUPERIOR.
Sec. 3717.29. (A) THIS SECTION APPLIES WHEN THE LICENSOR OF
RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH.
(B) A
BOARD OF HEALTH MAY SUSPEND OR REVOKE A RETAIL FOOD ESTABLISHMENT
LICENSE ON DETERMINING THAT THE LICENSE HOLDER IS IN VIOLATION OF ANY
REQUIREMENT OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL
FOOD ESTABLISHMENTS, INCLUDING A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO
MAINTAIN SANITARY CONDITIONS WITHIN THE ESTABLISHMENT.
(C)(1) EXCEPT
IN THE CASE OF A VIOLATION THAT PRESENTS A CLEAR AND PRESENT DANGER TO
THE PUBLIC HEALTH, BEFORE INITIATING ACTION TO SUSPEND OR
REVOKE A RETAIL FOOD ESTABLISHMENT LICENSE, THE BOARD SHALL GIVE THE LICENSE
HOLDER WRITTEN
NOTICE SPECIFYING EACH VIOLATION AND A REASONABLE TIME WITHIN
WHICH THE LICENSE HOLDER MUST CORRECT EACH VIOLATION TO AVOID SUSPENSION OR
REVOCATION OF THE LICENSE.
THE BOARD MAY EXTEND THE TIME SPECIFIED IN THE NOTICE FOR
CORRECTING A VIOLATION IF THE LICENSE HOLDER IS MAKING A GOOD FAITH
EFFORT TO CORRECT IT.
IF THE LICENSE HOLDER FAILS TO CORRECT THE VIOLATION IN THE TIME
GRANTED BY THE BOARD, THE BOARD MAY INITIATE ACTION TO
SUSPEND OR REVOKE THE RETAIL FOOD ESTABLISHMENT
LICENSE BY GIVING THE LICENSE HOLDER WRITTEN NOTICE OF THE PROPOSED
SUSPENSION OR REVOCATION. THE BOARD SHALL INCLUDE IN THE
NOTICE A DESCRIPTION OF THE PROCEDURE FOR APPEALING THE PROPOSED
SUSPENSION OR REVOCATION. THE LICENSE HOLDER MAY APPEAL THE PROPOSED
SUSPENSION OR REVOCATION BY GIVING WRITTEN NOTICE TO THE
BOARD. THE LICENSE HOLDER SHALL SPECIFY IN THE NOTICE WHETHER A
HEARING IS REQUESTED. THE APPEAL SHALL BE CONDUCTED IN
ACCORDANCE WITH DIVISION (C)(3)
OF THIS SECTION.
A HEALTH COMMISSIONER OR OTHER PERSON EMPLOYED BY THE
BOARD, IF THE HEALTH COMMISSIONER OR PERSON IS AUTHORIZED BY
THE BOARD TO TAKE THE ACTION, MAY TAKE
ANY ACTION THAT THE BOARD MAY TAKE UNDER DIVISION
(C)(1) OF THIS SECTION.
(2) IF A BOARD INITIATES ACTIONS TO
REVOKE OR, EXCEPT IN THE CASE OF A VIOLATION THAT PRESENTS
A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, TO SUSPEND A RETAIL FOOD
ESTABLISHMENT LICENSE, THE BOARD SHALL DETERMINE WHETHER TO
REVOKE OR SUSPEND THE LICENSE BY A MAJORITY VOTE OF THE
BOARD MEMBERS WHO ARE PRESENT AT A MEETING AT WHICH
THERE IS A QUORUM.
IF THE BOARD DECIDES TO REVOKE OR
SUSPEND THE LICENSE, THE BOARD SHALL ISSUE A FORMAL WRITTEN ORDER REVOKING
OR SUSPENDING THE LICENSE.
(3) AN APPEAL MADE UNDER DIVISION (C)(1) OF THIS SECTION SHALL BE
CONDUCTED IN ACCORDANCE WITH
PROCEDURES ESTABLISHED IN RULES
ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 3717.33 OF
THE REVISED CODE. IF A LICENSE HOLDER REQUESTS A HEARING,
THE
BOARD SHALL HOLD THE HEARING BEFORE ISSUING AN ORDER
UNDER DIVISION (C)(2) OF THIS
SECTION BUT MAY HOLD THE HEARING AT THE SAME MEETING AT WHICH ISSUANCE OF
THE ORDER IS CONSIDERED.
(D)(1) ON DETERMINING
THAT A LICENSE HOLDER IS IN VIOLATION OF ANY REQUIREMENT OF THIS
CHAPTER OR THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS
AND THAT THE VIOLATION
PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, THE BOARD
MAY SUSPEND THE RETAIL FOOD ESTABLISHMENT LICENSE
WITHOUT GIVING WRITTEN NOTICE OR AFFORDING THE LICENSE HOLDER THE
OPPORTUNITY TO CORRECT THE VIOLATION.
A SUSPENSION UNDER DIVISION
(D)(1) OF THIS SECTION TAKES
EFFECT IMMEDIATELY AND REMAINS IN EFFECT UNTIL THE BOARD
RESCINDS THE SUSPENSION.
AFTER SUSPENDING A LICENSE UNDER DIVISION
(D)(1) OF THIS SECTION, THE
LICENSOR SHALL GIVE THE LICENSE HOLDER WRITTEN NOTICE OF THE PROCEDURE
FOR APPEALING THE SUSPENSION. THE LICENSE HOLDER MAY APPEAL THE
SUSPENSION BY
GIVING WRITTEN NOTICE TO THE BOARD AND SPECIFYING IN THE NOTICE WHETHER
A HEARING IS REQUESTED. THE APPEAL SHALL BE CONDUCTED IN ACCORDANCE WITH
DIVISION (D)(2) OF THIS SECTION.
A HEALTH COMMISSIONER, IF
AUTHORIZED BY THE BOARD TO TAKE THE
ACTION, MAY TAKE ANY ACTION THAT MAY BE TAKEN BY THE BOARD UNDER DIVISION
(D)(1) OF THIS SECTION. A HEALTH COMMISSIONER WHO
SUSPENDS A LICENSE
UNDER THIS AUTHORITY, ON DETERMINING THAT THERE IS NO LONGER A
CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, MAY RESCIND THE SUSPENSION
WITHOUT CONSULTING THE BOARD.
(2) IF THE LICENSE HOLDER APPEALS A SUSPENSION UNDER
DIVISION (D)(1) OF THIS
SECTION, THE BOARD SHALL DETERMINE WHETHER THE CLEAR AND PRESENT
DANGER TO THE PUBLIC HEALTH CONTINUES TO EXIST
BY MAJORITY VOTE OF THE
BOARD MEMBERS WHO ARE PRESENT AT A MEETING AT WHICH
THERE IS A QUORUM.
IF THE BOARD DETERMINES THAT THERE IS NO LONGER A CLEAR
AND PRESENT DANGER TO THE PUBLIC HEALTH, THE BOARD
SHALL RESCIND THE SUSPENSION. IF THE BOARD DETERMINES THAT THE
CLEAR AND PRESENT DANGER CONTINUES TO EXIST, THE BOARD SHALL ISSUE AN
ORDER CONTINUING THE SUSPENSION.
(3) AN APPEAL REQUESTED UNDER DIVISION
(D)(1) OF THIS SECTION SHALL BE CONDUCTED IN ACCORDANCE WITH
PROCEDURES ESTABLISHED IN
RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 3717.33 OF
THE REVISED CODE. IF THE LICENSE HOLDER REQUESTS A HEARING,
THE
BOARD SHALL HOLD THE HEARING NOT LATER THAN TWO BUSINESS DAYS
AFTER THE BOARD RECEIVES THE REQUEST. THE BOARD SHALL HOLD THE HEARING
BEFORE ISSUING AN ORDER UNDER DIVISION (D)(2)
OF THIS SECTION BUT MAY CONDUCT THE HEARING AT THE SAME MEETING AT WHICH
ISSUANCE
OF THE ORDER IS
CONSIDERED.
(E) A LICENSE HOLDER MAY
APPEAL AN ORDER ISSUED UNDER DIVISION
(C) OR (D) OF THIS SECTION TO THE COMMON PLEAS COURT
OF THE COUNTY IN WHICH THE LICENSOR IS LOCATED.
Sec. 3717.30. (A) THIS SECTION APPLIES WHEN THE LICENSOR OF
RETAIL FOOD ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE.
(B) THE
DIRECTOR OF AGRICULTURE MAY SUSPEND OR REVOKE A RETAIL FOOD ESTABLISHMENT
LICENSE
ON DETERMINING THAT A LICENSE HOLDER IS IN VIOLATION OF THE PROVISIONS OF THIS
CHAPTER OR
THE RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD ESTABLISHMENTS, INCLUDING
A VIOLATION EVIDENCED BY DOCUMENTED FAILURE TO MAINTAIN SANITARY CONDITIONS
WITHIN THE ESTABLISHMENT. EXCEPT
AS PROVIDED IN DIVISION
(C)(9) OF THIS SECTION, THE
SUSPENSION OR REVOCATION OF A LICENSE IS NOT EFFECTIVE
UNTIL THE LICENSE HOLDER IS GIVEN WRITTEN NOTICE OF THE VIOLATION, A
REASONABLE AMOUNT OF TIME TO CORRECT THE VIOLATION, AND AN
OPPORTUNITY FOR A HEARING.
(C) ALL ACTIONS AND PROCEEDINGS
UNDERTAKEN PURSUANT TO THIS SECTION SHALL COMPLY WITH
CHAPTER 119. OF THE
REVISED
CODE, EXCEPT AS FOLLOWS:
(1) THE LOCATION OF ANY ADJUDICATORY HEARING THAT THE
LICENSE HOLDER REQUESTS SHALL BE THE DIRECTOR'S OFFICES IN LICKING
COUNTY.
(2) THE DIRECTOR SHALL NOTIFY A LICENSE HOLDER BY CERTIFIED
MAIL OR PERSONAL DELIVERY THAT THE LICENSE HOLDER IS CONDITIONALLY
ENTITLED TO A HEARING. THE DIRECTOR SHALL SPECIFY IN THE NOTICE
THAT, IN ORDER TO OBTAIN A HEARING, THE LICENSE HOLDER MUST REQUEST
THE HEARING NOT LATER THAN TEN DAYS AFTER THE DATE OF RECEIPT OF
THE NOTICE.
(3) IF THE LICENSE HOLDER REQUESTS A HEARING, THE DATE SET FOR
THE HEARING SHALL BE NOT LATER THAN TEN DAYS AFTER THE DATE ON
WHICH THE DIRECTOR RECEIVES THE REQUEST, UNLESS THE DIRECTOR AND
THE LICENSE HOLDER AGREE OTHERWISE.
(4) THE DIRECTOR SHALL NOT POSTPONE OR CONTINUE AN
ADJUDICATION HEARING WITHOUT THE CONSENT OF THE LICENSE HOLDER. IF
THE LICENSE HOLDER REQUESTS A POSTPONEMENT OR CONTINUATION OF AN
ADJUDICATION HEARING, THE DIRECTOR SHALL NOT GRANT IT UNLESS THE
LICENSE HOLDER 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, THE RECORD SHALL DOCUMENT THE NATURE
AND CAUSE OF THE EXTREME HARDSHIP.
(5) IN LIEU OF HAVING A HEARING AND UPON THE LICENSE HOLDER'S
WRITTEN REQUEST TO THE DIRECTOR, THE LICENSE HOLDER MAY SUBMIT TO THE
DIRECTOR, NOT LATER THAN THE DATE OF THE HEARING SET PURSUANT TO
DIVISION (C)(3) OF THIS
SECTION, DOCUMENTS, PAPERS, AND OTHER WRITTEN EVIDENCE TO
SUPPORT THE LICENSE HOLDER'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 LICENSE HOLDER
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 LICENSE HOLDER MAY FILE
WITH THE DIRECTOR WRITTEN OBJECTIONS TO THE REPORT AND
RECOMMENDATIONS.
(c) THE DIRECTOR SHALL CONSIDER THE OBJECTIONS
SUBMITTED BY THE LICENSE HOLDER BEFORE APPROVING, MODIFYING, OR
DISAPPROVING THE REPORT AND RECOMMENDATIONS. THE DIRECTOR SHALL
SERVE THE DIRECTOR'S ORDER UPON THE LICENSE HOLDER
BY CERTIFIED MAIL NOT
LATER THAN SIX BUSINESS DAYS AFTER RECEIVING THE REPORT AND RECOMMENDATIONS.
(7) IF THE DIRECTOR CONDUCTS THE HEARING, THE DIRECTOR
SHALL SERVE THE DIRECTOR'S DECISION BY CERTIFIED MAIL UPON THE
LICENSE HOLDER 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 LICENSE HOLDER
NOT LATER THAN THREE
BUSINESS DAYS FOLLOWING THE LAST DATE POSSIBLE FOR A HEARING,
BASED ON THE RECORD THAT IS AVAILABLE.
(9) IF THE DIRECTOR DETERMINES THAT AN EMERGENCY EXISTS THAT
PRESENTS A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, THE
DIRECTOR MAY SUSPEND A LICENSE, EFFECTIVE WITHOUT A HEARING.
THEREAFTER, WITHOUT DELAY, THE DIRECTOR SHALL AFFORD THE LICENSE
HOLDER AN OPPORTUNITY FOR HEARING. ON DETERMINING THAT THERE IS
NO LONGER A CLEAR AND PRESENT DANGER TO THE PUBLIC HEALTH, THE
DIRECTOR MAY RESCIND THE SUSPENSION WITHOUT A HEARING.
Sec. 3717.31. (A) THIS SECTION APPLIES WHEN THE LICENSOR OF
RETAIL FOOD ESTABLISHMENTS IS A BOARD OF HEALTH.
AS
USED IN THIS SECTION, "PROSECUTOR" HAS THE SAME MEANING AS IN
SECTION 2935.01 OF THE REVISED
CODE.
(B) AT THE REQUEST OF
THE BOARD OF HEALTH, THE PROSECUTOR WITH
JURISDICTION IN THE AREA WHERE A PERSON ALLEGEDLY HAS VIOLATED
SECTION 3717.21 of the Revised Code
SHALL COMMENCE A CRIMINAL PROSECUTION AGAINST THE PERSON.
AT THE REQUEST OF A BOARD OF HEALTH, THE DIRECTOR OF AGRICULTURE SHALL
PROVIDE ENFORCEMENT SUPPORT TO ASSIST IN THE PROSECUTION OF A PERSON
WHO IS NOT IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER
AND THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.
REQUESTS SHALL BE MADE AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH
RULES ADOPTED BY THE DIRECTOR OF AGRICULTURE UNDER SECTION 3717.33 of the Revised Code.
(C) AT THE REQUEST OF
THE BOARD OF HEALTH, THE PROSECUTOR WITH
JURISDICTION IN THE AREA WHERE A PERSON OR GOVERNMENT ENTITY
ALLEGEDLY HAS FAILED TO COMPLY WITH A REQUIREMENT OF THIS
CHAPTER OR THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS
SHALL COMMENCE IN COMMON
PLEAS COURT AN ACTION REQUESTING THE ISSUANCE OF A TEMPORARY
RESTRAINING ORDER OR A PRELIMINARY OR PERMANENT INJUNCTION OR A
MANDAMUS ACTION REGARDING THE ACT OF NONCOMPLIANCE. THE COURT MAY GRANT THE
APPROPRIATE RELIEF IF IT IS SHOWN THAT THE RESPONDENT FAILED TO COMPLY WITH
THE
REQUIREMENT.
NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION
2705.05 OF THE REVISED
CODE, A PERSON OR GOVERNMENT
ENTITY FOUND TO BE IN CONTEMPT OF COURT FOR FAILING TO COMPLY
WITH A RESTRAINING ORDER, INJUNCTION, OR WRIT OF MANDAMUS ISSUED
PURSUANT TO THIS DIVISION SHALL BE FINED NOT MORE THAN ONE
THOUSAND DOLLARS FOR EACH OFFENSE. EACH DAY THE NONCOMPLIANCE
CONTINUES IS A SEPARATE OFFENSE.
(D) FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS SECTION
SHALL BE DEPOSITED IN AN APPROPRIATE FUND CREATED FOR THE BOARD'S USE IN
ADMINISTERING THE
PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED UNDER IT APPLICABLE TO RETAIL
FOOD
ESTABLISHMENTS. THE REMAINING FIFTY PER CENT SHALL BE CREDITED TO
THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE CASE IS
PROSECUTED.
(E) THE REMEDIES
AVAILABLE UNDER THIS SECTION ARE IN ADDITION TO ANY OTHER
REMEDIES AVAILABLE UNDER THE LAW.
Sec. 3717.32. (A) THIS SECTION APPLIES WHEN THE LICENSOR OF
RETAIL FOOD
ESTABLISHMENTS IS THE DIRECTOR OF AGRICULTURE.
(B) 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
FOR A TEMPORARY OR PERMANENT INJUNCTION OR OTHER
APPROPRIATE RELIEF CONCERNING THE VIOLATION OF A PROVISION OF THIS CHAPTER OR
THE RULES ADOPTED UNDER IT PERTAINING TO RETAIL FOOD ESTABLISHMENTS.
APPLICATION SHALL BE MADE TO THE COURT IN THE COUNTY IN WHICH THE VIOLATION
OCCURS.
NOTWITHSTANDING THE PENALTIES ESTABLISHED IN SECTION 2705.05 OF
THE REVISED CODE, A PERSON OR GOVERNMENT ENTITY FOUND TO BE
IN
CONTEMPT OF COURT FOR FAILING TO COMPLY WITH AN INJUNCTION OR OTHER RELIEF
ISSUED PURSUANT TO THIS
DIVISION SHALL BE FINED NOT MORE THAN ONE THOUSAND DOLLARS. EACH DAY THE
NONCOMPLIANCE CONTINUES IS A
SEPARATE OFFENSE.
(C) FIFTY PER CENT OF ALL FINES COLLECTED UNDER THIS SECTION
SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE FOOD SAFETY
FUND CREATED IN
SECTION 915.24 OF THE REVISED CODE. THE REMAINING FIFTY PER
CENT
SHALL BE CREDITED TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH
THE
CASE IS PROSECUTED.
Sec. 3717.33. PURSUANT TO SECTION 3717.04 OF THE
REVISED CODE, THE DIRECTOR OF AGRICULTURE SHALL
ADOPT RULES REGARDING THE FOLLOWING:
(A) LICENSING CATEGORIES FOR RETAIL FOOD
ESTABLISHMENTS AND LICENSING REQUIREMENTS FOR EACH CATEGORY,
INCLUDING APPROPRIATE PRACTICES FOR THE ACTIVITIES PERFORMED BY A RETAIL FOOD
ESTABLISHMENT;
(B) STANDARDS FOR COLLECTION OF FOOD SAMPLES FROM
RETAIL FOOD ESTABLISHMENTS FOR PURPOSES OF IDENTIFYING ADULTERATION AND
MISBRANDING;
(C) RECORDS TO BE GENERATED AND MAINTAINED BY
LICENSED RETAIL FOOD ESTABLISHMENTS;
(D) APPEALS OF PROPOSED SUSPENSIONS AND REVOCATIONS
OF RETAIL FOOD ESTABLISHMENT LICENSES AND APPEALS OF SUSPENSIONS
OF LICENSES ISSUED FOR VIOLATIONS PRESENTING A CLEAR AND PRESENT DANGER
TO THE PUBLIC HEALTH;
(E) STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF FREQUENCY,
FOR
CONDUCTING INSPECTIONS OF RETAIL FOOD ESTABLISHMENTS;
(F) STANDARDS AND PROCEDURES FOR DETERMINING DURING AN
INSPECTION WHETHER ARTICLES SHOULD BE REMOVED FROM USE BECAUSE OF A CLEAR
AND PRESENT DANGER TO THE PUBLIC HEALTH;
(G) STANDARDS AND PROCEDURES FOR CONDUCTING
INVESTIGATIONS OF
COMPLAINTS PERTAINING TO RETAIL FOOD ESTABLISHMENTS;
(H) SURVEYS
CONDUCTED BY THE DIRECTOR TO DETERMINE
WHETHER BOARDS OF HEALTH ARE QUALIFIED AND HAVE THE CAPACITY TO ADMINISTER
AND ENFORCE THE PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED
UNDER IT APPLICABLE TO RETAIL FOOD ESTABLISHMENTS AND TO ABIDE BY THE
OHIO UNIFORM FOOD SAFETY CODE;
(I) REINSTATEMENT OF A BOARD OF HEALTH AS A
LICENSOR AFTER THE DIRECTOR HAS REVOKED THE APPROVAL OF THE
BOARD;
(J) PROCEDURES FOR RESOLVING
DISPUTES BETWEEN LICENSORS AND THE HOLDERS OF LICENSES FOR RETAIL FOOD
ESTABLISHMENTS;
(K) PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A BOARD OF
HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A PERSON FOR A VIOLATION OF
THE PROVISIONS OF THIS CHAPTER APPLICABLE TO RETAIL FOOD ESTABLISHMENTS;
(L) ANY OTHER MATTER THE DIRECTOR CONSIDERS RELEVANT
TO THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS
CHAPTER APPLICABLE TO RETAIL FOOD ESTABLISHMENTS.
Sec. 3717.41. EXCEPT AS PROVIDED IN SECTION 3717.42 OF THE
REVISED CODE, NO PERSON OR GOVERNMENT ENTITY SHALL
OPERATE A FOOD SERVICE OPERATION WITHOUT A LICENSE. A SEPARATE
LICENSE IS REQUIRED FOR EACH FOOD SERVICE OPERATION A
PERSON OR GOVERNMENT ENTITY OPERATES.
NO PERSON OR GOVERNMENT ENTITY SHALL FAIL TO COMPLY WITH ANY OTHER
REQUIREMENT OF
THIS CHAPTER APPLICABLE TO FOOD SERVICE OPERATIONS.
Sec. 3717.42. (A) THE FOLLOWING ARE NOT FOOD SERVICE OPERATIONS:
(1) A RETAIL FOOD ESTABLISHMENT LICENSED UNDER THIS CHAPTER,
INCLUDING A RETAIL FOOD ESTABLISHMENT THAT PROVIDES THE SERVICES OF
A FOOD SERVICE OPERATION PURSUANT TO AN ENDORSEMENT ISSUED UNDER
SECTION 3717.44 OF THE REVISED CODE;
(2) AN ENTITY EXEMPT FROM THE REQUIREMENT TO BE LICENSED AS A
RETAIL FOOD ESTABLISHMENT UNDER DIVISION (B) OF SECTION 3717.22 OF
THE REVISED CODE;
(3) A BUSINESS OR THAT PORTION OF A BUSINESS THAT IS REGULATED BY THE
FEDERAL GOVERNMENT OR THE
DEPARTMENT OF AGRICULTURE AS A FOOD MANUFACTURING OR FOOD PROCESSING
OPERATION, INCLUDING AN OPERATION OR THAT PORTION OF AN OPERATION REGULATED BY
THE DEPARTMENT OF
AGRICULTURE UNDER CHAPTER 911., 913., 915., 917., 918., OR 925. OF
THE REVISED
CODE.
(B) ALL OF THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENT TO
BE
LICENSED AS A FOOD SERVICE OPERATION:
(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 PRIVATE HOME OPERATED AS A BED-AND-BREAKFAST THAT PREPARES
AND OFFERS FOOD TO GUESTS, IF THE HOME IS OWNER-OCCUPIED, THE NUMBER
OF AVAILABLE GUEST BEDROOMS DOES NOT EXCEED SIX, BREAKFAST IS THE
ONLY MEAL OFFERED, AND THE NUMBER OF GUESTS SERVED DOES NOT EXCEED
SIXTEEN;
(3) A STAND OPERATED ON THE PREMISES OF A PRIVATE HOME BY ONE OR
MORE CHILDREN UNDER THE AGE OF TWELVE, IF THE FOOD SERVED IS NOT
POTENTIALLY HAZARDOUS;
(4) 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;
(5) A CHURCH, SCHOOL, FRATERNAL OR VETERANS'
ORGANIZATION, VOLUNTEER FIRE ORGANIZATION, OR VOLUNTEER
EMERGENCY MEDICAL SERVICE ORGANIZATION PREPARING OR SERVING FOOD
INTENDED FOR INDIVIDUAL PORTION SERVICE ON ITS PREMISES FOR NOT
MORE THAN SEVEN CONSECUTIVE DAYS OR NOT MORE THAN
FIFTY-TWO SEPARATE
DAYS DURING A LICENSING PERIOD;
(6) A COMMON CARRIER THAT PREPARES OR SERVES FOOD, IF THE CARRIER IS
REGULATED BY THE FEDERAL GOVERNMENT;
(7) A FOOD SERVICE OPERATION SERVING FIVE OR FEWER INDIVIDUALS DAILY;
(8) A TYPE A OR TYPE B FAMILY DAY-CARE
HOME, AS DEFINED IN
SECTION 5104.01 OF THE REVISED CODE, THAT PREPARES OR SERVES
FOOD FOR THE CHILDREN RECEIVING DAY-CARE;
(9) A VENDING MACHINE LOCATION WHERE THE ONLY
FOODS DISPENSED ARE FOODS FROM ONE OR
BOTH OF THE FOLLOWING CATEGORIES:
(a) PREPACKAGED FOODS THAT ARE NOT POTENTIALLY HAZARDOUS;
(b) NUTS, PANNED OR WRAPPED BULK CHEWING GUM, OR PANNED OR
WRAPPED BULK CANDIES.
(10) A PLACE SERVICING THE VENDING MACHINES AT A VENDING MACHINE
LOCATION DESCRIBED IN DIVISION (B)(9) OF THIS SECTION;
(11) A COMMISSARY SERVICING VENDING MACHINES THAT DISPENSE
ONLY MILK, MILK PRODUCTS, OR FROZEN DESSERTS THAT ARE UNDER A
STATE OR FEDERAL INSPECTION AND ANALYSIS PROGRAM;
(12) A "CONTROLLED LOCATION VENDING MACHINE
LOCATION," WHICH MEANS A VENDING MACHINE LOCATION AT WHICH ALL OF THE
FOLLOWING APPLY:
(a) THE VENDING MACHINES DISPENSE ONLY FOODS THAT ARE NOT
POTENTIALLY HAZARDOUS;
(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.
Sec. 3732.03 3717.43. (A) No person or government entity
shall
operate a food service operation without a license. A separate
license is required for each food service operation that a person
or government entity operates.
(B) Each person or government entity requesting a food
service operation license or the renewal of a license shall apply
to the appropriate licensor on a form provided by the licensor.
Licensors shall use a form prescribed and furnished to the
licensor by the director of health or a form prescribed by the
licensor that has been approved by the director. THE APPLICANT SHALL
INCLUDE WITH THE APPLICATION ALL INFORMATION NECESSARY FOR THE LICENSOR TO
PROCESS THE APPLICATION, AS REQUESTED BY THE LICENSOR.
Applications for food service operation licenses other than
those for mobile and catering food service operation licenses
shall be submitted to the licensor for the health district in
which the food service operation is located. Applications for
mobile food service operation licenses shall be submitted to the
licensor for the health district in which the applicant's
business headquarters are located, or, if the headquarters are
located outside this state, to the licensor for the district
where the applicant will first operate in this state.
Applications for catering food service operation licenses shall
be submitted to the licensor for the district where the
applicant's base of operation is located.
(C) A (B) THE licensor shall review all applications
received. The licensor shall issue a license for a new food service
operation when the applicant submits a complete application and
the licensor determines that the applicant meets all other
requirements for receiving the license in accordance with OF
this
chapter and the rules adopted under it FOR RECEIVING THE LICENSE. The
licensor shall issue
a renewed license on receipt of a complete renewal application.
Licenses THE LICENSOR shall be
issued ISSUE
LICENSES FOR FOOD SERVICE OPERATIONS on forms prescribed and furnished
by the director of health. If the license is for a mobile food
service operation, the licensor shall post the operation's
layout, equipment, and menu on the back of the license.
A MOBILE OR CATERING FOOD SERVICE OPERATION LICENSE ISSUED BY ONE LICENSOR
SHALL BE RECOGNIZED BY ALL OTHER LICENSORS IN THIS STATE.
(C)(1) A food service operation license other than a temporary
food service operation license expires at the end of the
licensing period for which the license is issued and may be
renewed. A, EXCEPT AS FOLLOWS:
(a) A LICENSE ISSUED TO A NEW FOOD SERVICE OPERATION AFTER
THE
FIRST DAY OF DECEMBER SHALL NOT EXPIRE UNTIL THE END OF THE
LICENSING PERIOD NEXT SUCCEEDING ISSUANCE OF THE LICENSE.
(b) A
temporary food service
operation license expires at
the end of the period for which it is issued and is not
renewable. All
(2) ALL food service operation licenses remain valid
until they are scheduled to expire unless earlier suspended or
revoked under section 3732.11 3717.49 of the Revised Code.
A mobile or catering food service operation license issued
by one licensor shall be recognized by all other licensors in
this state.
(D) A FOOD SERVICE OPERATION LICENSE MAY BE RENEWED, EXCEPT THAT A
TEMPORARY FOOD SERVICE OPERATION LICENSE IS NOT RENEWABLE.
Applications for renewal of food service operation
licenses other than those for mobile and seasonal food service
operation licenses shall be submitted to the licensor not later
than the first day of March. Renewal applications for mobile and
seasonal food service operation licenses shall be submitted prior
to commencing operation in a new licensing period. A licensor
may renew a license prior to the first day of March or the first
day of operation in a new licensing period, but not before the
first day of February immediately preceding the licensing period
for which the license is being renewed.
If a renewal application is not filed with the licensor or
postmarked on or before the first day of March or, in the case of
a mobile or seasonal food service operation, the first day of
operation in a new licensing period, the licensor shall assess a
penalty of twenty-five per cent of the fee charged for renewing
licenses, if the licensor charges renewal fees. If an applicant
is subject to a penalty, the licensor shall not renew the license
until the applicant pays the penalty.
(E)(1) Except as provided in division (E)(3) of this
section, there is no limit on the number of temporary food
service operation licenses a A licensor may issue
NOT MORE THAN TEN TEMPORARY FOOD
SERVICE OPERATION LICENSES PER LICENSING PERIOD
to a THE SAME
person or
government entity to operate at different events WITHIN THE LICENSOR'S
JURISDICTION. For each
particular event, a licensor may issue only one TEMPORARY FOOD SERVICE
OPERATION license for TO the
same operation PERSON OR GOVERNMENT ENTITY.
(2) A licensor may issue a temporary food service
operation license to operate for more than five CONSECUTIVE days if
both of the following apply:
(a) The operation will be operated at an event organized
by a county agricultural society or independent agricultural
society organized under Chapter 1711. of the Revised Code;
(b) The person who will receive the license is a resident
of the county or one of the counties for which the agricultural
society was organized.
(3) A person may be granted only one temporary food
service operation license per licensing period pursuant to
division (E)(2) of this section.
(F) The licensor may place restrictions or conditions on a
food service operation license limiting the types of food that
may be prepared or served by the licensee FOOD SERVICE OPERATION
based on the equipment
or facilities of the food service operation. Limitations
pertaining to a mobile or catering food service operation shall
be posted on the back of the license.
(G) A licensee THE PERSON OR GOVERNMENT ENTITY HOLDING A LICENSE
FOR A FOOD SERVICE OPERATION shall display the license for that food
service operation at all times at the licensed location. A
licensee PERSON OR GOVERNMENT ENTITY holding a catering food
service operation license shall
also maintain a copy of the license at each catered event.
(H) WITH THE ASSISTANCE OF THE DEPARTMENT OF HEALTH, THE
LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE PROCESS FOR
LICENSING
FOOD SERVICE OPERATIONS.
Sec. 3717.44. (A) THE PERSON OR GOVERNMENT ENTITY HOLDING A
LICENSE FOR A FOOD SERVICE OPERATION MAY PROVIDE THE SERVICES OF
A RETAIL FOOD ESTABLISHMENT WITHIN THE FOOD SERVICE OPERATION
WITHOUT OBTAINING A RETAIL FOOD ESTABLISHMENT LICENSE IF THE
PERSON OR ENTITY HAS RECEIVED FROM THE LICENSOR OF FOOD SERVICE OPERATIONS AN
ENDORSEMENT TO PROVIDE THE SERVICES OF A RETAIL FOOD ESTABLISHMENT.
(B) WHEN THE ACTIVITIES OF A FOOD SERVICE OPERATION
AND A RETAIL FOOD ESTABLISHMENT ARE CARRIED ON WITHIN THE SAME
FACILITY BY THE SAME PERSON OR GOVERNMENT ENTITY, THE
DETERMINATION OF WHETHER THE PERSON OR ENTITY MUST BE LICENSED AS A FOOD
SERVICE OPERATION OR RETAIL FOOD ESTABLISHMENT SHALL BE MADE ACCORDING TO THE
PRIMARY BUSINESS OF THE PERSON OR
ENTITY. IF THE PRIMARY BUSINESS IS THAT OF A FOOD SERVICE OPERATION,
THE PERSON OR ENTITY SHALL BE LICENSED AS A FOOD SERVICE
OPERATION WITH AN ENDORSEMENT FROM THE LICENSOR ISSUED UNDER
THIS SECTION TO PROVIDE THE SERVICES OF A RETAIL FOOD
ESTABLISHMENT. IF THE PRIMARY BUSINESS IS THAT OF A RETAIL FOOD
ESTABLISHMENT, THE PERSON OR ENTITY SHALL BE LICENSED AS A
RETAIL FOOD ESTABLISHMENT AND IS SUBJECT TO THE ENDORSEMENT
PROVISIONS OF SECTION 3717.24 OF THE REVISED CODE.
THE LICENSOR OF FOOD SERVICE OPERATIONS AND RETAIL FOOD ESTABLISHMENTS FOR
THE AREA IN WHICH A FACILITY IS LOCATED SHALL MAKE THE DETERMINATION OF
WHETHER THE PRIMARY BUSINESS
CARRIED ON WITHIN A FACILITY IS THAT OF A FOOD SERVICE OPERATION
OR RETAIL FOOD ESTABLISHMENT. IF THE LICENSOR OF FOOD SERVICE
OPERATIONS FOR THE AREA IS NOT THE SAME AS THE LICENSOR OF RETAIL
FOOD ESTABLISHMENTS, THE DETERMINATION SHALL BE MADE JOINTLY BY
BOTH LICENSORS. EACH DETERMINATION SHALL BE
MADE ACCORDING TO CRITERIA SPECIFIED IN THE OHIO UNIFORM
FOOD SAFETY CODE.
(C) A REQUEST TO HAVE A FOOD SERVICE OPERATION
LICENSE INCLUDE AN ENDORSEMENT MAY BE SUBMITTED WITH AN
APPLICATION FOR ISSUANCE OR RENEWAL OF A FOOD SERVICE OPERATION
LICENSE OR MAY BE SUBMITTED SEPARATELY. PROCEDURES FOR MAKING
SEPARATE REQUESTS SHALL BE THE SAME AS THE LICENSE APPLICATION
PROCEDURES ESTABLISHED UNDER SECTION 3717.43 OF THE
REVISED CODE.
AN ENDORSEMENT MAY BE SUSPENDED OR REVOKED IN THE SAME MANNER
AS A LICENSE MAY BE SUSPENDED OR REVOKED UNDER SECTION 3717.48
OF THE REVISED CODE. THE SUSPENSION OR REVOCATION
OF AN ENDORSEMENT DOES NOT AFFECT THE FOOD SERVICE OPERATION
LICENSE THAT INCLUDES THE ENDORSEMENT. IF THE FOOD SERVICE OPERATION LICENSE
IS SUSPENDED OR REVOKED, THE ENDORSEMENT INCLUDED ON THE LICENSE IS
ALSO SUSPENDED OR REVOKED.
(D) IF A RETAIL FOOD ESTABLISHMENT IS OPERATED
WITHIN A FOOD SERVICE OPERATION BY A PERSON OR GOVERNMENT ENTITY
OTHER THAN THE PERSON OR ENTITY HOLDING THE
LICENSE TO OPERATE THE FOOD SERVICE OPERATION, THE RETAIL FOOD ESTABLISHMENT
MAY NOT BE
OPERATED UNDER AN ENDORSEMENT. THE
ESTABLISHMENT SHALL BE LICENSED AS A SEPARATE RETAIL
FOOD ESTABLISHMENT.
Sec. 3732.04 3717.45. (A) A licensor may charge fees for
issuing
and renewing food service operation licenses. Any licensing fee
charged shall be established in accordance with section 3709.09
of the Revised Code. The fees shall be used solely for the
administration and enforcement of THE PROVISIONS OF this chapter and
the rules
adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS.
(B) At ANY LICENSING FEE CHARGED UNDER THIS SECTION SHALL BE BASED
ON THE LICENSOR'S COSTS OF REGULATING FOOD SERVICE OPERATIONS, AS
DETERMINED ACCORDING TO THE UNIFORM METHODOLOGIES ESTABLISHED UNDER
SECTION 3717.07 OF THE REVISED CODE. IF THE LICENSOR IS A
BOARD
OF HEALTH, A FEE MAY BE DISAPPROVED BY THE DISTRICT ADVISORY COUNCIL IN THE
CASE OF A GENERAL HEALTH
DISTRICT OR THE LEGISLATIVE AUTHORITY OF THE CITY IN THE CASE OF A CITY HEALTH
DISTRICT. A DISAPPROVED
FEE SHALL NOT BE CHARGED BY THE BOARD OF HEALTH.
AT least thirty days prior to establishing a licensing
fee, the licensor shall hold a public hearing regarding the
proposed fee. At least thirty days prior to the public hearing,
the licensor shall give written notice of the hearing to each
licensee PERSON OR GOVERNMENT ENTITY HOLDING A FOOD SERVICE
OPERATION LICENSE that may be affected by the proposed fee. The notice
shall be mailed to the last known address of the licensee and
shall specify the date, time, and place of the hearing and the
amount of the proposed fee. On request, the licensor shall
provide the completed uniform methodology used in the calculation
of the licensor's costs and the proposed fee.
(C)(B) In addition to licensing fees, a licensor may charge
fees for the following:
(1) Review of FACILITY LAYOUT AND EQUIPMENT SPECIFICATIONS PERTAINING
TO food service operation plans OPERATIONS,
other than
plans pertaining to mobile and temporary food service
operations,
or similar reviews conducted for vending machine locations;
(2) Any necessary collection and bacteriological
examination of water samples FROM FOOD SERVICE OPERATIONS, OR
SIMILAR SERVICES SPECIFIED IN RULES ADOPTED UNDER THIS CHAPTER BY THE PUBLIC
HEALTH COUNCIL;
(3) Any necessary collection and bacteriological
examination of frozen dessert samples taken from a frozen dessert
dispensing freezer;
(4) Attending ATTENDANCE AT a course of study in food
protection offered
by the licensor IN FOOD PROTECTION AS IT PERTAINS TO FOOD SERVICE
OPERATIONS, if the course is approved under section 3732.14
3717.09
of the Revised Code.
(D)(C) The public health council may determine by rule an
amount to be collected from applicants for food service operation
licenses for use by the director of health in administering and
enforcing THE PROVISIONS OF this chapter and the rules adopted under it
APPLICABLE TO FOOD SERVICE OPERATIONS. Licensors
shall collect the amount prior to issuing an applicant's new or
renewed license. If a licensing fee is charged under this
section, the licensor shall collect the amount at the same time
the fee is collected. Licensors are not required to provide
notice or hold public hearings regarding amounts collected under
this division.
Not later than sixty days after the last day of the month
in which a license is issued, the licensor shall certify the
amount collected under this division and transmit the amount to
the treasurer of state. All amounts received shall be deposited
into the general operations fund created in section 3701.82
3701.83 of
the Revised Code and shall be used by the. THE director
SHALL USE THE AMOUNTS solely for the
administration and enforcement of THE PROVISIONS OF this chapter and
the rules
adopted under it APPLICABLE TO FOOD SERVICE OPERATIONS.
The director may submit recommendations to the public
health council regarding the amounts collected under this
division. When making recommendations, the director shall submit
a report stating the current and projected expenses of
administering and enforcing THE PROVISIONS OF this chapter and the
rules adopted
under it APPLICABLE TO FOOD SERVICE OPERATIONS and the total of all
amounts that have been deposited in
the general operations fund pursuant to this division. The
director may include in the report any recommendations for
modifying the department's administration and enforcement of THE PROVISIONS
OF this
chapter and the rules adopted under it APPLICABLE TO FOOD SERVICE
OPERATIONS.
Sec. 3732.05 3717.46. (A) A food service operation license
may be
transferred by the licensor under either of the following
circumstances:
(1) The sale or disposition of the food service operation;
(2) The relocation of the food service operation.
(B) A person or government entity may request to receive a
food service operation license by transfer. A licensor may
transfer a license only on determining that the person or
government entity requesting the transfer is in compliance with THE
PROVISIONS OF
this chapter and the rules adopted under it APPLICABLE TO FOOD SERVICE
OPERATIONS. In the case of the
sale or disposition of a food service operation, the license may
not be transferred unless the licensee consents to the transfer.
A license shall not be transferred more than once in a licensing
period. Temporary food service operation licenses are not
transferable.
Sec. 3732.08 3717.47. (A) As used in this section:
(1) "Critical control point inspection" means an
inspection designed to identify and prevent food handling
procedures that epidemiological data have shown to lead to
outbreaks of foodborne disease.
(2) "Standard inspection" means an inspection designed to
determine compliance with this chapter and the rules
adopted
under it.
(B) Licensors shall classify food service operations,
other than vending machine locations and mobile and temporary
food service operations, according to the factors contributing to
foodborne disease identified in rules adopted by the public
health council under section 3732.02 of the Revised
Code. Food
service operation classifications consist of "class I," "class
II," and "class III," with class I representing the smallest risk
of foodborne disease and class III the greatest risk.
(C)(1) A licensor shall inspect the food service
operations in its district as follows:
(a) Class I: at least one standard inspection shall be
conducted each licensing period;
(b) Class II: Except as provided in division (C)(3) of
this section, at least two standard inspections shall be
conducted each licensing period;
(c) Class III: Except as provided in division (C)(3) of
this section, at least two standard inspections and one critical
control point inspection shall be conducted each licensing
period;
(d) Vending machine locations: at least one standard
inspection of at least fifty per cent of the locations operated
by a licensee shall be conducted each licensing period;
(e) Mobile food service operations: at least one standard
inspection shall be conducted each licensing period;
(f) Temporary food service operations: at least one
standard inspection shall be conducted during the period the
operation is being operated;
(g) New food service operations: one standard inspection
shall be conducted not later than thirty days after the license
for the operation is issued.
(2) The licensor shall schedule the standard inspections
required for class I and II food service operations, vending
machine locations, and mobile food service operations so that not
more than twelve months elapse between the standard inspections
of a particular operation. The critical control point
inspections required for class III food service operations shall
be scheduled so that not more than twelve months elapse between
the critical control point inspections of each operation.
(3) One of the standard inspections required for a class
II or class III food service operation may be eliminated if
either of the following is the case:
(a) A manager or other individual responsible on a regular
basis for that operation is certified in food protection under
section 3732.14 of the Revised Code;
(b) The operation is a seasonal food service operation.
(D) Standard and critical control point ALL inspections OF
FOOD SERVICE OPERATIONS CONDUCTED BY A LICENSOR UNDER THIS CHAPTER shall
be conducted ACCORDING TO THE PROCEDURES AND SCHEDULE OF FREQUENCY
SPECIFIED IN RULES ADOPTED UNDER SECTION 3717.51 of the Revised Code. AN INSPECTION MAY BE
PERFORMED only by AN INDIVIDUAL REGISTERED AS a sanitarian or
sanitarian-in-training
registered under Chapter 4736. of the Revised Code. Inspections
EACH INSPECTION
shall be recorded on a form prescribed and furnished by the
director of health or a form prescribed by the licensor that has
been approved by the director THAT HAS BEEN PRESCRIBED BY A BOARD OF
HEALTH ACTING AS LICENSOR. WITH THE ASSISTANCE OF THE DIRECTOR, A
BOARD ACTING AS
LICENSOR, TO THE EXTENT PRACTICABLE, SHALL COMPUTERIZE THE INSPECTION PROCESS
AND
SHALL STANDARDIZE THE MANNER IN WHICH ITS INSPECTIONS ARE CONDUCTED.
(E)(B) A licensee PERSON OR GOVERNMENT ENTITY
HOLDING A FOOD SERVICE OPERATION LICENSE shall permit the licensor to
inspect a THE food
service operation for purposes of determining compliance with
this chapter and the rules adopted under it or investigating a
complaint regarding foodborne disease. Inspections and
investigations shall be conducted at times determined by the
licensor to be reasonable. On request, OF the
licensor,
THE LICENSE HOLDER shall be
permitted PERMIT THE LICENSOR to examine the records of the food
service operation to
obtain information about the purchase, receipt, or use of food,
supplies, and equipment.
A licensor may inspect any mobile food service operation or
catering food service operation being operated within the
licensor's district. If an inspection of a mobile or catering
food service operation is conducted by a licensor other than the
licensor that issued the license for the operation, a report of
the inspection shall be sent to the issuing licensor. The
issuing licensor may use the inspection report to suspend or
revoke the license under section 3732.11 3717.49 of the
Revised Code.
(C) AN INSPECTION MAY INCLUDE AN INVESTIGATION TO DETERMINE THE
IDENTITY AND SOURCE OF A PARTICULAR FOOD.
Sec. 3717.48. TRADE SECRETS AND OTHER FORMS OF INFORMATION THAT,
UNDER THIS CHAPTER, ARE REQUIRED TO BE FURNISHED TO OR ARE
PROCURED BY A LICENSOR OF FOOD SERVICE OPERATIONS SHALL BE FOR THE
EXCLUSIVE USE AND INFORMATION OF THE LICENSOR IN THE DISCHARGE OF
THE LICENSOR'S OFFICIAL DUTIES. THE INFORMATION SHALL NOT BE OPEN
TO THE PUBLIC OR USED IN ANY ACTION OR PROCEEDING IN ANY COURT.
IF THE LICENSOR IS A BOARD OF HEALTH, THE BOARD MAY SHARE THE INFORMATION WITH
THE DIRECTOR OF HEALTH AND DIRECTOR OF AGRICULTURE. IF THE LICENSOR IS THE
DIRECTOR OF HEALTH, THE DIRECTOR MAY SHARE THE INFORMATION WITH THE DIRECTOR
OF AGRICULTURE.
THE LICENSOR SHALL MAINTAIN THE CONFIDENTIALITY OF THE
INFORMATION, EXCEPT THAT THE INFORMATION MAY BE CONSOLIDATED IN
STATISTICAL TABLES AND PUBLISHED BY THE LICENSOR IN STATISTICAL
FORM FOR THE USE AND INFORMATION OF STATE AND LOCAL AGENCIES AND
THE PUBLIC, IF THE STATISTICS DO NOT DISCLOSE DETAILS ABOUT A
PARTICULAR PERSON OR GOVERNMENT ENTITY THAT PROVIDED INFORMATION
TO THE LICENSOR. AN INDIVIDUAL EMPLOYED BY THE LICENSOR OR
ASSISTING THE LICENSOR IN THE ADMINISTRATION OF THE FOOD SERVICE
OPERATION LICENSING REQUIREMENTS OF THIS CHAPTER SHALL NOT
WILLFULLY DIVULGE ANY INFORMATION THAT IS CONFIDENTIAL UNDER THIS
SECTION TO ANY PERSON OR GOVERNMENT ENTITY OTHER THAN THE LICENSOR
OR THE INDIVIDUAL'S SUPERIOR.
Sec. 3732.11 3717.49. (A)(1) A licensor may suspend
or
revoke a
food service operation license on determining that a licensee THE
LICENSE HOLDER is
in violation of any requirement of this chapter or THE rules adopted
under it APPLICABLE TO FOOD SERVICE OPERATIONS, INCLUDING A VIOLATION
EVIDENCED BY THE DOCUMENTED FAILURE TO MAINTAIN SANITARY CONDITIONS WITHIN THE
OPERATION. Except
(B)(1) EXCEPT in the case of
a violation that presents an
immediate danger to the public health, prior to initiating action
to suspend or revoke a FOOD SERVICE OPERATION license, the licensor
shall give the
licensee LICENSE HOLDER written notice specifying each violation
and a
reasonable time within which each violation must be corrected to
avoid suspension or revocation of the licensee's food service
operation license. The licensor may extend the time specified in
the notice for correcting a violation if the licensee LICENSE
HOLDER is making a
good faith effort to correct it.
If the licensee LICENSE HOLDER fails to correct the violation in
the time
granted by the licensor, the licensor may initiate action to
suspend or revoke the licensee's food service operation license
by giving the licensee LICENSE HOLDER written notice of the
proposed suspension
or revocation. The licensor shall include in the notice a
description of the procedure for appealing the proposed
suspension or revocation. The licensee LICENSE HOLDER may
appeal the proposed
suspension or revocation by giving written notice to the
licensor. The licensee LICENSE HOLDER shall specify in the
notice whether a
hearing is requested. The appeal shall be conducted in
accordance with division (A)(B)(3) of this section.
Any action that may be taken by a licensor under division
(A)(B)(1) of this section may be taken by a health
commissioner or
other person employed by the licensor if the person or health
commissioner is authorized by the licensor to take the action.
(2)(a) If actions are initiated to revoke or, except in
the case of a violation that presents an immediate danger to the
public health, to suspend a food service operation license, the
licensor shall determine whether to revoke or suspend the license
as follows:
(i) If the licensor is a 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, by a
majority vote of the members of the board or authority present at
a meeting at which there is a quorum;
(ii) If the director of health is acting as the licensor
pursuant to section 3732.09 of the Revised Code, by
decision of
the director.
(b) If the licensor determines to revoke or suspend the
license, the licensor shall issue an order revoking or suspending
the license.
(3) An appeal made under division (A)(B)(1) of this section
shall be conducted in accordance with procedures established in
rules adopted by the director of health under section 3732.13
3717.52 of
the Revised Code. If a hearing is requested, it shall be held
prior to the issuance of an order under division (A)(B)(2) of
this
section, but may be conducted at the meeting at which issuance of
the order is considered.
(B)(C)(1) On determining that a licensee LICENSE
HOLDER is in violation of
any requirement of this chapter or THE rules adopted under it
APPLICABLE TO FOOD SERVICE OPERATIONS and
that the violation presents an immediate danger to the public
health, the licensor may suspend the licensee's food service
operation license without giving written notice or affording the
licensee LICENSE HOLDER the opportunity to correct the
violation. If the
licensee LICENSE HOLDER is operating a mobile or catering food
service
operation, either the licensor that issued the license or the
licensor for the health district in which the operation is being
operated may suspend the license.
A suspension under division (B)(C)(1) of this section takes
effect immediately and remains in effect until the licensor lifts
the suspension. When a mobile food service operation license is
suspended under this division, the licensor that suspended the
license shall hold the license until the suspension is lifted and
the licensor receives from the licensee LICENSE HOLDER written
notice of the
next location at which the licensee LICENSE HOLDER proposes to
operate the food
service operation.
After suspending a license under division (B)(C)(1) of this
section, the licensor shall give the licensee LICENSE HOLDER
written notice of
the procedure for appealing the suspension. The licensee LICENSE
HOLDER may
appeal the suspension by giving written notice to the licensor
and specifying in the notice whether a hearing is requested. The
appeal shall be conducted in accordance with division
(B)(C)(2) of
this section.
Any action that may be taken by a licensor under division
(B)(C)(1) of this section may be taken by a health
commissioner or
person employed by a city in a position comparable to that of
health commissioner if the person or health commissioner is
authorized by the licensor to take the action. A person or
health commissioner that WHO suspends a license under this
authority
may, on determining that there is no longer an immediate danger
to the public health, lift the suspension without consulting the
licensor.
(2)(a) If the licensee LICENSE HOLDER appeals a suspension
under division
(B)(C)(1) of this section, the licensor shall determine
whether the
immediate danger to the public health continues to exist as
follows:
(i) If the licensor is a 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, by
majority vote of the members of the board or authority present at
a meeting at which there is a quorum;
(ii) If the director of health is acting as the licensor
pursuant to section 3732.09 of the Revised Code, by
decision of
the director.
(b) If the licensor determines that there is no longer an
immediate danger to the public health, the licensor shall lift
the suspension. If the licensor determines that the immediate
danger continues to exist, the licensor shall issue an order
continuing the suspension.
(3) An appeal requested under division (B)(C)(1) of this
section shall be conducted in accordance with procedures
established in rules adopted by the director of health under
section 3732.13 3717.52 of the Revised Code. If a hearing is
requested,
it shall be held not later than two business days after the
request is received by the licensor. The hearing shall be held
prior to the issuance of an order under division (B)(C)(2) of
this
section, but may be conducted at the meeting at which issuance of
the order is considered. In the case of a suspension of a mobile
or catering food service operation license, the appeal shall be
made to the licensor that suspended the license.
(C)(D) A licensee LICENSE HOLDER may appeal an
order issued under division
(A)(B) or (B)(C) of this section as follows:
(1) If the order was issued by a 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, to
the common pleas court of the county in which the licensor is
located;
(2) If the order was issued by the director of health, to
the Franklin county court of common pleas.
Sec. 3732.12 3717.50. (A) As used in this section,
"prosecutor"
has the same meaning as in section 2935.01 of the Revised Code.
(B) No person shall fail to comply with any requirement of
this chapter.
(C) At the request of the licensor, the attorney general
or the prosecutor with jurisdiction in the area where WHEN a person
allegedly has violated division (B) of this section shall
commence 3717.41 of the Revised Code, a criminal prosecution
SHALL BE COMMENCED against the person.
IF THE LICENSOR IS THE DIRECTOR OF HEALTH, THE PROSECUTION SHALL
BE COMMENCED BY THE ATTORNEY GENERAL. IF THE LICENSOR IS A BOARD
OF HEALTH, THE PROSECUTION SHALL BE COMMENCED BY THE PROSECUTOR
WITH JURISDICTION IN THE AREA WHERE THE ALLEGED VIOLATION
OCCURRED.
AT THE REQUEST OF A BOARD OF HEALTH ACTING AS LICENSOR, THE DIRECTOR OF
HEALTH SHALL PROVIDE ENFORCEMENT SUPPORT
TO ASSIST IN THE PROSECUTION OF A PERSON
WHO IS NOT IN COMPLIANCE WITH THE PROVISIONS OF THIS
CHAPTER AND THE RULES ADOPTED UNDER IT APPLICABLE TO FOOD SERVICE OPERATIONS.
REQUESTS SHALL BE MADE AND ASSISTANCE SHALL BE PROVIDED IN ACCORDANCE WITH
RULES ADOPTED BY THE DIRECTOR OF HEALTH UNDER SECTION 3717.52 of the Revised Code.
(D)(C) At the request of the licensor, the attorney general
or the prosecutor with jurisdiction in the area where a person or
government entity allegedly has failed to comply with a
requirement of this chapter or the rules adopted under it APPLICABLE TO
FOOD SERVICE OPERATIONS shall
commence in common pleas court an action requesting the issuance
of a temporary restraining order or a preliminary or permanent
injunction or a mandamus action regarding the act of
noncompliance. The court may grant the appropriate relief on a
showing IF IT IS SHOWN that the respondent failed to comply with
the
requirement.
Notwithstanding the penalties established in section
2705.05 of the Revised Code, a person or government entity found
to be in contempt of court for failing to comply with a
restraining order, injunction, or writ of mandamus issued
pursuant to this division shall be fined not more than one
thousand dollars for each offense. Each day the noncompliance
continues is a separate offense.
(D) OF THE FINES COLLECTED UNDER THIS SECTION, IF THE
LICENSOR
IS A BOARD OF HEALTH, FIFTY PER CENT SHALL BE DEPOSITED IN AN APPROPRIATE FUND
CREATED FOR THE
BOARD'S USE IN ADMINISTERING THE PROVISIONS OF THIS CHAPTER AND
THE RULES ADOPTED UNDER IT APPLICABLE TO FOOD SERVICE OPERATIONS;
IF THE LICENSOR IS THE DIRECTOR OF HEALTH, FIFTY PER CENT SHALL BE
DEPOSITED IN THE GENERAL OPERATIONS FUND CREATED UNDER SECTION
3701.83 OF THE REVISED CODE. THE REMAINING FIFTY PER CENT
SHALL
BE CREDITED TO THE GENERAL FUND OF THE POLITICAL SUBDIVISION IN WHICH THE CASE
IS PROSECUTED.
(E) The remedies available under this section are in
addition to any other remedies available under the law.
Sec. 3732.02 3717.51. (A) The PURSUANT TO SECTION
3717.04 OF THE REVISED CODE, THE public health council
shall adopt,
and has the exclusive power to adopt, rules of uniform
application throughout this state regarding the following FOOD
SERVICE OPERATIONS, AS FOLLOWS:
(1)(A) Licensing categories for food service operations and
licensing requirements for each category;
(2) Identification of factors contributing to foodborne
disease for use in classifying food service operations under
section 3732.08 of the Revised Code;
(3) Criteria for food service operation equipment,
including refrigerated bulk milk dispensers;
(4) Standards for sanitation;
(5) Criteria for approving plans for food service
operations;
(6) A definition of "potentially hazardous" as it applies
to food;
(7) Procedures and criteria to be used by the director of
health in approving courses of study for certification in food
protection under section 3732.14 of the Revised Code;
(8) Requirements an individual must meet to become
certified in food protection;
(9)(B)
STANDARDS AND PROCEDURES, INCLUDING A SCHEDULE OF FREQUENCY, FOR
CONDUCTING INSPECTIONS OF FOOD SERVICE OPERATIONS;
(C) STANDARDS AND PROCEDURES FOR CONDUCTING INVESTIGATIONS OF
COMPLAINTS PERTAINING TO FOOD SERVICE OPERATIONS;
(D) PROCEDURES TO BE USED BY THE DIRECTOR OF
HEALTH IN APPROVING COURSES OF STUDY FOR PERSONS SEEKING CERTIFICATION IN FOOD
PROTECTION, STANDARDS THAT MUST
BE MET TO RECEIVE AND MAINTAIN THE DIRECTOR'S APPROVAL, AND PROCEDURES FOR
WITHDRAWING THE DIRECTOR'S APPROVAL OF A COURSE IF THE STANDARDS FOR APPROVAL
ARE NO LONGER BEING MET;
(E)
Standards for the provision of assistance to choking
victims;
(10)(F) Any other matter the council considers relevant to
the administration and enforcement of THE PROVISIONS OF this chapter
APPLICABLE TO FOOD SERVICE OPERATIONS.
(B) The public health council may adopt rules establishing
the number, composition, terms of office, and functions of any
food service advisory board the director establishes pursuant to
section 121.13 of the Revised Code.
(C) All rules adopted under this section shall be adopted
in accordance with Chapter 119. of the Revised Code.
Sec. 3732.13 3717.52. (A) The PURSUANT TO SECTION
3717.04 OF THE REVISED CODE, THE director of health
shall adopt
rules establishing procedures for the following:
(1)(A) Appeals of proposed suspension or revocation of food
service operation licenses and appeals of suspension of licenses
issued for violations presenting immediate danger to the public
health;
(2)(B) Surveys conducted by the director
to determine whether
boards of health of city or general health districts or
authorities having the duties of a board of health under section
3709.05 of the Revised Code are qualified AND HAVE THE CAPACITY to
administer and
enforce THE PROVISIONS OF this chapter and the rules adopted under it
APPLICABLE TO FOOD SERVICE OPERATIONS AND TO ABIDE BY THE OHIO
UNIFORM FOOD SAFETY CODE;
(3)(C) Reinstatement of a board or authority OF
HEALTH as a licensor
after the director has revoked the approval of the board or
authority;
(D) PROCEDURES FOR PROVIDING ENFORCEMENT SUPPORT TO A BOARD OF
HEALTH REQUESTING ASSISTANCE IN THE PROSECUTION OF A PERSON FOR A VIOLATION OF
THE PROVISIONS OF THIS CHAPTER APPLICABLE TO FOOD SERVICE OPERATIONS;
(E) PROCEDURES FOR RESOLVING DISPUTES BETWEEN
LICENSORS AND THE HOLDERS OF LICENSES FOR FOOD SERVICE OPERATIONS.
(B) All rules adopted under this section shall be adopted
in accordance with Chapter 119. of the Revised Code.
Sec. 3732.99 3717.99. Whoever violates division (B) of
section
3732.12 3717.21 OR 3717.41 of the Revised Code
is guilty of a misdemeanor of the
third degree on a first offense; for a second offense or
subsequent offense, such person is guilty of a misdemeanor of the
second degree. Each day the violation continues is a separate
offense.
Sec. 3724.03. (A) Application for a license to operate a
community alternative home shall be made by the operator to the
director of health on forms provided by the director. After
investigating the application and inspecting the home, the
director shall issue a license if he THE DIRECTOR determines
that the
following requirements have been met:
(1) The home is in compliance with this chapter and rules
adopted by the public health council under section 3724.05 of the
Revised Code.
(2) The home meets the fire safety standards established
by rules adopted under section 3724.05 of the Revised Code and
has been inspected and approved by a certified electrical safety
inspector.
(3) The home complies with local zoning regulations.
(4) If applicable, the home has a valid food service
license issued under Chapter 3732 3717. of the Revised Code.
(5) The operator has not been convicted of a felony or a
crime involving moral turpitude.
(6) The operator has provided all documentation requested
by the director.
(7) The operator has developed policies for infection
control and for educating caregivers about acquired
immunodeficiency syndrome.
(8) The operator has paid the license fee established by
rule of the public health council under section 3724.05 of the
Revised Code.
At the request of the operator on a form furnished by the
director, the director, in accordance with rules adopted by the
public health council, may waive any licensing requirement
established by rule of the council if he THE DIRECTOR determines
that strict
application of the requirement would cause undue hardship to the
home and that the grant of a waiver would not jeopardize the
health and safety of any resident of the home. The waiver may
be granted at the time of initial licensing or renewal or during
a licensing period and may be temporary or permanent.
The license shall contain the name and address of the home
for which it is issued, the date of expiration of the license,
and the maximum number of residents that may be accommodated by
the home. A license is valid for two years from the date of
issuance.
Sections 3781.06 to 3781.18 and 3791.04 of the Revised Code
and building standards adopted pursuant to those sections do not
apply to any structure for which application is made for
licensure as a community alternative home unless the license is
denied.
(B) The director may issue a temporary license pending
completion of the licensing inspection if the application and
documentation meet the requirements of this chapter and the rules
adopted by the public health council. A temporary license is
valid for ninety days and may be renewed for an additional ninety
days. The director also may renew a temporary license for the
duration of proceedings under Chapter 119. of the Revised Code
regarding the denial of a license if he THE DIRECTOR determines
that the
continued operation of the home will not jeopardize the health or
safety of the residents.
(C) Application for renewal of a license to operate a
community alternative home shall be made by the operator to the
director of health on forms provided by the director. In
addition to submitting the application and a fee in the amount
established by rules of the public health council, the operator
shall inform the director of any changes in the ownership or
structure of the buildings housing the home. If the electrical
wiring has been altered, the operator shall submit proof that the
alteration has been inspected and approved by a certified
electrical safety inspector. The director shall inspect the
facility and shall renew the license if he THE DIRECTOR
determines that the home complies with the requirements of this chapter and
the rules
adopted by the public health council.
(D) In accordance with Chapter 119. of the Revised Code,
the director may deny, revoke, or refuse to issue or renew a
license or a temporary license for any community alternative home
that fails to comply with any requirement of this chapter or with
any rules adopted by the public health council.
Sec. 4303.021. Permit A-1-A may be issued to the holder of
an A-1 or A-2 permit to sell beer and any intoxicating liquor at
retail, only by the individual drink in glass or from a
container, provided such A-1-A permit premises are situated on
the same parcel or tract of land as the related A-1 or A-2
manufacturing permit premises or are separated therefrom only by
public streets or highways or by other lands owned by the holder
of the A-1 or A-2 permit and used by the holder in
connection with or in
promotion of the holder's A-1 or A-2 permit business. The
fee for this
permit is three thousand one hundred twenty-five dollars. The
holder of an A-1-A permit may sell beer and any intoxicating
liquor during the same hours as the holders of D-5 permits under
this chapter or Chapter 4301. of the Revised Code or the rules of
the liquor control commission and shall obtain a restaurant
license pursuant to section 3732.03 3717.43 of the Revised
Code.
Except as otherwise provided in this section, no new A-1-A
permit shall be issued to the holder of an A-1 or A-2 permit
unless the sale of beer and intoxicating liquor under class D
permits is permitted in the precinct in which
the A-1
or A-2 permit is located and, in the case of an A-2 permit,
unless the holder of the A-2 permit manufactures or has a storage
capacity of at least twenty-five thousand gallons of wine per
year. The immediately preceding sentence does not prohibit the
issuance of an A-1-A permit to an applicant for such a permit who
is the holder of an A-1 permit and whose application was filed
with the division of liquor control before June 1,
1994. The
liquor control commission shall not restrict the number of A-1-A
permits which may be located within a precinct.
Sec. 4303.13. Permit D-1
may be issued to the owner or operator of a hotel or restaurant
licensed pursuant to section 3732.03
3717.43 of the Revised Code, or of a
club, amusement park, drugstore, lunch stand, boat, or vessel,
and shall be issued to a person described in division (B) of this
section, to sell beer at retail either in glass or container, for
consumption on the premises where sold; and, except as otherwise
provided in division (B) of this section, to sell beer at retail
in other receptacles or in original containers having a capacity
of not more than five and one-sixth gallons not for consumption
on the premises where sold. The fee for this permit is one
hundred eighty-eight dollars for each location, boat, or vessel.
Sec. 4303.14. Permit D-2 may be issued to the owner or operator of a hotel or
restaurant licensed pursuant to section 3732.03 3717.43 of
the Revised Code, or of a
club, boat, or vessel, to sell wine and prepared and bottled cocktails,
cordials, and other mixed beverages manufactured and distributed by holders of
A-4 and B-4 permits at retail, either in glass or container, for consumption
on the premises where sold. The holder of such permit may also sell wine and
prepared and bottled cocktails, cordials, and other mixed beverages in
original packages and not for consumption on the premises where sold or for
resale. The fee for this permit is two hundred eighty-two dollars for each
location, boat, or vessel.
Sec. 4303.15. Permit D-3 may be issued to the owner or operator of a hotel or
restaurant licensed pursuant to section 3732.03 3717.43 of the
Revised Code, or a
club, boat, or vessel, to sell spirituous liquor at retail, only by the
individual drink in glass or from the container, for consumption on the
premises where sold. No sales of intoxicating liquor shall be made by a
holder of a D-3 permit after one a.m. The fee for this permit is six hundred
dollars for each location, boat, or vessel.
Sec. 4303.181. (A) Permit D-5a
may be issued either to the owner or operator of a hotel or motel
required to be licensed under section 3731.03 of the Revised Code
containing at least fifty rooms for registered transient guests,
and which qualifies under the other requirements of this section,
or to the owner or operator of a restaurant specified under this
section to sell beer and any intoxicating liquor at retail, only
by the individual drink in glass and from the container, for
consumption on the premises where sold, and to registered guests
in their rooms, which may be sold by means of a controlled access
alcohol and beverage cabinet in accordance with division (B) of
section 4301.21 of the Revised Code; and to sell the same
products in the same manner and amounts not for consumption on
the premises as may be sold by holders of D-1 and D-2 permits.
The premises of the hotel or motel shall include a restaurant
licensed pursuant to section 3732.03 3717.43 of the Revised
Code
affiliated with the hotel or motel and within or contiguous to
the hotel or motel, serving food within the hotel or motel, but
the principal business of the owner or operator of the hotel or
motel shall be the accommodation of transient guests. In
addition to the privileges authorized herein, the holder of a
D-5a permit may exercise the same privileges as the holder of a
D-5 permit.
The owner or operator of a hotel, motel, or restaurant who qualified for and
held a D-5a permit on
August 4, 1976, may, if the owner or operator held another
permit before holding a D-5a permit, either retain a D-5a permit or apply for
the permit formerly held, and the division of liquor
control shall issue the permit for which the owner or operator
applies and formerly held, notwithstanding any quota.
A D-5a permit shall not be
transferred to another location. No quota restriction shall be
placed on the number of such permits which may be issued.
The fee for this permit is one
thousand eight hundred seventy-five dollars.
(B) Permit D-5b may be issued to
the owner, operator, tenant, lessee, or occupant of an enclosed
shopping center to sell beer and intoxicating liquor at retail,
only by the individual drink in glass and from the container, for
consumption on the premises where sold; and to sell the same
products in the same manner and amount not for consumption on the
premises as may be sold by holders of D-1 and D-2 permits. In
addition to the privileges authorized in this section, the holder
of a D-5b permit may exercise the same privileges as a holder of
a D-5 permit.
A D-5b permit shall not be
transferred to another location.
One D-5b permit may be issued at
an enclosed shopping center containing at least two hundred
twenty-five thousand, but less than four hundred thousand, square
feet of floor area.
Two D-5b permits may be issued at
an enclosed shopping center containing at least four hundred
thousand square feet of floor area. No more than one D-5b permit
may be issued at an enclosed shopping center for each additional
two hundred thousand square feet of floor area or fraction
thereof, up to a maximum of five D-5b permits for each enclosed
shopping center. The number of D-5b permits that may be issued
at an enclosed shopping center shall be determined by subtracting
the number of D-3 and D-5 permits issued in the enclosed shopping
center from the number of D-5b permits that otherwise may be
issued at the enclosed shopping center under the formulas
provided in this division. Except as provided in this section,
no quota shall be placed on the number of D-5b permits that may
be issued. Notwithstanding any quota provided in this section,
the holder of any D-5b permit first issued in accordance with
this section is entitled to its renewal in accordance with
section 4303.271 of the Revised Code.
The holder of a D-5b permit
issued before April 4, 1984, whose tenancy is terminated for a
cause other than nonpayment of rent, may return the D-5b
permit
to the division of liquor control and the
division shall
cancel that permit. Upon cancellation of that permit and upon
the permit holder's payment of taxes, contributions, premiums,
assessments, and other debts owing or accrued upon the date of
cancellation to this state and its political subdivisions and a
filing with the division of a
certification
thereof, the division shall issue to that person
either a D-5
permit, or a D-1, a D-2, and a D-3 permit, as that person
requests. The division shall issue the D-5 permit,
or the D-1,
D-2, and D-3 permits, even if the number of D-1, D-2, D-3, or D-5
permits currently issued in the municipal corporation or in the
unincorporated area of the township where that person's proposed
premises is located equals or exceeds the maximum number of such
permits that can be issued in that municipal corporation or in
the unincorporated area of that township under the population
quota restrictions contained in section 4303.29 of the Revised
Code. Any such D-1, D-2, D-3, or D-5 permit so issued shall not
be transferred to another location. If a D-5b permit is canceled
under the provisions of this paragraph, the number of D-5b
permits that may be issued at the enclosed shopping center for
which the D-5b permit was issued, under the formula provided in
this division, shall be reduced by one if the enclosed shopping
center was entitled to more than one D-5b permit under the
formula.
The fee for this permit is one
thousand eight hundred seventy-five dollars.
(C) Permit D-5c may be issued
either to the owner or operator of a restaurant licensed pursuant
to section 3732.03 3717.43 of the Revised Code, and which
qualifies under
the other requirements of this section to sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and to sell the same products in the same manner and
amounts not for consumption on the premises as may be sold by
holders of D-1 and D-2 permits. In addition to the privileges
authorized herein, the holder of a D-5c permit may exercise the
same privileges as the holder of a D-5 permit.
To qualify for a D-5c permit, the
owner or operator of a restaurant licensed pursuant to section
3732.03 3717.43 of the Revised Code shall have operated the
restaurant at
the proposed premises for not less than twenty-four consecutive
months immediately preceding the filing of an application
therefor, have applied for a D-5 permit no later than
December 31, 1988, and appear on the division's quota waiting list for not less
than six months
immediately preceding the filing of an application therefor. In
addition to these requirements, the proposed D-5c permit premises
shall be located within a municipal corporation and further
within
an election precinct which, at the time of the applications, has
no more than twenty-five per cent of its total land area zoned
for residential use.
A D-5c permit shall not be
transferred to another location. No quota restriction shall be
placed on the number of such permits which may be issued.
Any person who has held a D-5c
permit for at least two years may apply for a D-5 permit, and the
division of liquor control shall issue the D-5 permit
notwithstanding the quota restrictions contained in section
4303.29 of the Revised Code or in any rule of the liquor control
commission.
The fee for this permit is one
thousand two hundred fifty dollars.
(D) Permit D-5d may be issued to
either the owner or operator of a restaurant that is licensed
pursuant to section 3732.03 3717.43 of the Revised Code and
located at an
airport operated by a board of county commissioners pursuant to
section 307.20 of the Revised Code or at an airport operated by a
regional airport authority pursuant to Chapter 308. of the
Revised Code. Not more than one D-5d permit shall be issued in
each county. The holder of a D-5d permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and may sell the same products in the same manner and
amounts not for consumption on the premises where sold as may be
sold by the holders of D-1 and D-2 permits. In addition to the
privileges authorized in this division, the holder of a D-5d
permit may exercise the same privileges as the holder of a D-5
permit.
A D-5d permit shall not be
transferred to another location. Except as otherwise provided in
this division, no quota restrictions shall be placed on the
number of such permits which may be issued.
The fee for this permit is one
thousand eight hundred seventy-five dollars.
(E) Permit D-5e may be issued to
any nonprofit organization that is exempt from federal income
taxation under "The Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C.A. 501(c)(3), as amended, or that is a charitable
organization under any chapter of the Revised Code, and that owns
or operates a riverboat which meets all of the following:
(1) Is permanently docked at one
location;
(2) Is designated as an
historical riverboat by the Ohio historical society;
(3) Contains not less than
fifteen hundred square feet of floor area;
(4) Has a seating capacity of
fifty or more persons.
The holder of a D-5e permit may
sell beer and intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold.
A D-5e permit shall not be
transferred to another location. No quota restriction shall be
placed on the number of such permits which may be issued. The
population quota restrictions contained in section 4303.29 of the
Revised Code or in any rule of the liquor control commission
shall not apply to this division and the division
shall issue a
D-5e permit to any applicant who meets the requirements of this
division. However, the division shall not issue a
D-5e permit
if the permit premises or proposed permit premises are located
within an area in which the sale of spirituous liquor by the
glass is prohibited.
The fee for this permit is nine
hundred seventy-five dollars.
(F) Permit D-5f may be issued to
either the owner or the operator of a food service operation
licensed under section 3732.03 3717.43 of the Revised Code
that meets all
of the following:
(1) Contains not less than
twenty-five hundred square feet of floor area;
(2) Is located on or in, or
immediately adjacent to, the shoreline of, a navigable river;
(3) Provides docking space for
twenty-five boats;
(4) Provides entertainment and
recreation, provided that not less than fifty per cent of the
business on the permit premises shall be preparing and serving
meals for a consideration.
In addition, each application for
a D-5f permit shall be accompanied by a certification from the
local legislative authority that the issuance of the D-5f permit
is not inconsistent with that political subdivision's
comprehensive development plan or other economic development goal
as officially established by the local legislative authority.
The holder of a D-5f permit may
sell beer and intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold.
A D-5f permit shall not be
transferred to another location. No more than fifteen D-5f
permits shall be issued by the division of liquor
control, and
no more than two such permits shall be issued in any county.
However, the division shall not issue a D-5f permit
if the
permit premises or proposed permit premises are located within an
area in which the sale of spirituous liquor by the glass is
prohibited.
A fee for this permit is one
thousand eight hundred seventy-five dollars.
As used in this division,
"navigable river" means a river which is also a "navigable water"
as that term is defined in the "Federal Power Act," 94 Stat. 770
(1980), 16 U.S.C. 796.
(G) Permit D-5g may be issued to
a nonprofit corporation that is either the owner or the operator
of a national professional sports museum. The holder of a D-5g
permit may sell beer and any intoxicating liquor at retail, only
by the individual drink in glass and from the container, for
consumption on the premises where sold. The holder of a D-5g
permit shall sell no beer or intoxicating liquor for consumption
on the premises where sold after one a.m. A D-5g permit shall
not be transferred to another location. No quota restrictions
shall be placed on the number of D-5g permits that may be issued. The fee for
this permit is one thousand five hundred dollars.
(H) Permit D-5h may be issued to any nonprofit
organization that is exempt from federal income taxation under
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as amended, that owns or operates a fine arts museum
and has no less than five thousand bona fide members possessing
full membership privileges. The holder of a D-5h permit may sell
beer and any intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold. The holder of a D-5h permit shall
sell no beer or intoxicating liquor for consumption on the
premises where sold after one a.m. A D-5h permit shall not be
transferred to another location. No quota restrictions shall be
placed on the number of D-5h permits that may be issued. The fee
for this permit is one thousand five hundred dollars.
(I) Permit D-5i may be issued to either the owner or the
operator of a food service operation licensed under section
3732.03 3717.43 of the Revised Code that meets all of the
following
requirements:
(1) It is located in a municipal corporation or a township
with a population of fifty thousand or less;
(2) It has inside seating capacity for at least one
hundred forty persons;
(3) It has at least five thousand square feet of floor
area;
(4) It offers full-course meals, appetizers, and
sandwiches;
(5) Its receipts from beer and liquor sales do not exceed
twenty-five per cent of its total gross receipts;
(6) The value of its real and personal property exceeds
nine hundred twenty-five thousand
dollars.
The holder of a D-5i permit shall cause an independent
audit to be performed at the end of one full year of operation
following issuance of the permit, in order to verify the
requirements of division (I)(5) of this section. The results of
the independent audit shall be transmitted to the
division. Upon determining that the receipts of the holder from beer
and liquor sales exceeded twenty-five per cent of its total gross
receipts, the division shall suspend the permit of
the permit
holder under section 4301.25 of the Revised Code and may allow
the permit holder to elect a forfeiture under section 4301.252 of
the Revised Code.
The holder of a D-5i permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and may sell the same products in the same manner and
amounts not for consumption on the premises where sold as may be
sold by the holders of D-1 and D-2 permits. The holder of a D-5i
permit shall sell no beer or intoxicating liquor for consumption
on the premises where sold after two-thirty a.m. In addition to the
privileges authorized in division (I) of this section, the holder
of a D-5i permit may exercise the same privileges as the holder
of a D-5 permit.
A D-5i permit shall not be transferred to another location.
The division of liquor control shall not renew a D-5i
permit
unless the food service operation for which it is issued
continues to meet the requirements described in divisions (I)(1)
to (6) of this section. No quota restrictions shall be placed on
the number of D-5i permits that may be issued. The fee for this
permit is one thousand eight hundred seventy-five dollars.
Sec. 4303.182. Except as
otherwise provided in this section, permit D-6 shall be issued to
the holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5,
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, or D-7
permit to allow sale under such permit between the hours of one
p.m. and midnight on Sunday, if such sale has been authorized
under section 4301.361 of the Revised Code and under the
restrictions of such authorization. Permit D-6 shall be issued
to the holder of any permit, including a D-4a and D-5d permit,
authorizing the sale of intoxicating liquor issued for a premises
located at any publicly owned airport, as defined in section
4563.01 of the Revised Code, at which commercial airline
companies operate regularly scheduled flights on which space is
available to the public, to allow sale under such permit between
the hours of one p.m. and midnight on Sunday, whether or not such
sale has been authorized under section 4301.361 of the Revised
Code. Permit D-6 shall be issued to the holder of a D-5a permit,
and to the holder of a D-3 or D-3a permit who is the owner or
operator of a hotel or motel required to be licensed under
section 3731.03 of the Revised Code containing at least fifty
rooms for registered transient guests and which has on its
premises a restaurant licensed pursuant to section 3732.03
3717.43 of the
Revised Code affiliated with the hotel or motel and within or
contiguous to the hotel or motel and serving food within the
hotel or motel, to allow sale under such permit between the hours
of one p.m. and midnight on Sunday, whether or not such sale has
been authorized under section 4301.361 of the Revised Code.
If the restriction to licensed
premises where the sale of food and other goods and services
exceeds fifty per cent of the total gross receipts of the permit
holder at the premises is applicable, the division of liquor
control may accept an affidavit from the permit holder to show
the proportion of the permit holder's gross receipts derived from the sale of
food and other goods and services. If the liquor control
commission determines such affidavit to have been false, it shall
revoke the permits of the permit holder at the premises
concerned.
The fee for the D-6 permit is two
hundred fifty dollars when it is issued to the holder of an
A-1-A, A-2, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c,
D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, or D-7 permit. The fee for
the D-6 permit is two hundred dollars when it is issued to the
holder of a C-2 permit.
Sec. 4303.183. Permit D-7 may be
issued to the holder of any D-2 permit issued by the
division
of liquor control, or if there is an insufficient number of D-2
permit holders to fill the resort quota, to the operator of a
food service operation required to be licensed under section
3732.03 3717.43 of the Revised Code and
which qualifies under the other
requirements of this section, to sell beer and any intoxicating
liquor at retail, only by the individual drink in glass and from
the container, for consumption on the premises where sold. Not
less than fifty per cent of the business on the permit premises
shall be preparing and serving meals for a consideration in order
to qualify for and continue to hold such D-7 permit. The permit
premises shall be located in a resort area.
"Resort area" means a municipal
corporation, township, county, or any combination thereof, which
provides entertainment, recreation, and transient housing
facilities specifically intended to provide leisure time
activities for persons other than those whose permanent residence
is within the "resort area" and who increase the population of
the "resort area" on a seasonal basis, and which experiences
seasonal peaks of employment and governmental services as a
direct result of population increase generated by the transient,
recreating public. A resort season shall begin on the first day
of May and end on the last day of October. Notwithstanding
section 4303.27 of the Revised Code, such permits may be issued
for resort seasons without regard to the calendar year or permit
year. Quota restrictions on the number of such permits shall
take into consideration the transient population during the
resort season, the custom and habits of visitors and tourists,
and the promotion of the resort and tourist industry. The fee
for this permit is three hundred seventy-five dollars per month.
Any suspension of a D-7 permit
shall be satisfied during the resort season in which such
suspension becomes final. If such suspension becomes final
during the off-season, or if the period of the suspension extends
beyond the last day of October, the suspension or remainder
thereof shall be satisfied during the next resort season.
The ownership of a D-7 permit may
be transferred from one permit holder to another. The holder of
a D-7 permit may file an application to transfer such permit to a
new location within the same resort area, provided that such
permit holder shall be the owner or operator of a food service
operation, required to be licensed under section 3732.03
3717.43 of the
Revised Code, at such new location.
Sec. 4736.01. As used in sections 4736.01 to 4736.16 of
the Revised Code THIS CHAPTER:
(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,
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., 918., 921., 923., 927., 942., 943.,
953., 1321., 3710., 3713., 3715., 3719., 3731., 3742., 3748., 3769.,
3783., 3921., 3951., 4104., 4105., 4143., 4169., 4561.,
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., 4773., and 4775. 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
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.
Sec. 5104.05. (A) The director of human services shall
issue a provisional license or license or renew a license for the
operation of a child day-care center, if he THE DIRECTOR finds,
after
investigation of the applicant and inspection of the center, that
other requirements of Chapter 5104. of the Revised Code, rules
promulgated pursuant to Chapter 5104. of the Revised Code, and
the following requirements are met:
(1) The buildings in which the center is housed,
subsequent to any major modification, have been approved by the
department of commerce or a certified municipal,
township, or county building department for the purpose of
operating a child day-care center. Any structure used for the
operation of a center shall be constructed, equipped, repaired,
altered, and maintained in accordance with applicable provisions
of Chapters 3781. and 3791. of the Revised Code and with
regulations adopted by the board of building standards under
Chapter 3781. of the Revised Code and this division for the
safety and sanitation of structures erected for this purpose.
(2) The state fire marshal or the fire chief or fire
prevention officer of the municipal corporation or township in
which the center is located has inspected the center annually
within the preceding license period and has found the center to
be in compliance with rules promulgated by the fire marshal
pursuant to section 3737.83 of the Revised Code regarding fire
prevention and fire safety in a child day-care center.
(3) The center has received from the board of health of
the health district in which it is located or the state
department of health a current FOOD SERVICE OPERATION
license permitting the preparation
or serving of meals or lunches, as provided in UNDER Chapter
3732 3717.
of
the Revised Code and any relevant regulations adopted by the
public health council. If a meal is IF MEALS ARE to be served to
children
other than children of the licensee or administrator, the
preparation and serving of food in a child day-care center is
included in the meaning of "food service operation" under section
3732.01 of the Revised Code, whether or not a consideration is
received for such food THE MEALS.
(B) The director of human services shall issue a
provisional license or license or renew a license for the
operation of a type A family day-care home, if he THE DIRECTOR
finds, after
investigation of the applicant and inspection of the type A home,
that other requirements of Chapter 5104. of the Revised Code,
rules promulgated pursuant to Chapter 5104. of the Revised Code,
and the following requirements are met:
(1) The state fire marshal or the fire chief or fire
prevention officer of the municipal corporation or township in
which the type A family day-care home is located has inspected
the type A home annually within the preceding license period and
has found the type A home to be in compliance with rules
promulgated by the fire marshal pursuant to section 3737.83 of
the Revised Code regarding fire prevention and fire safety in a
type A home.
(2) The type A home is in compliance with rules set by the
director of human services in cooperation with the director of
health pursuant to section 3701.80 of the Revised Code regarding
meal preparation and meal service in the home. The director of
human services, in accordance with procedures recommended by the
director of health, shall inspect each type A home to determine
compliance with those rules.
(3) The type A home is in compliance with rules
promulgated by the director of human services in cooperation with
the board of building standards regarding safety and sanitation
pursuant to section 3781.10 of the Revised Code.
Sec. 5104.051. (A)(1) The department of commerce is responsible for the
inspections of child day-care
centers as required by division (A)(1) of section 5104.05 of the
Revised Code. Where there is a municipal, township, or county
building department certified under section 3781.10 of the
Revised Code to exercise enforcement authority with respect to
the category of building occupancy which includes day-care
centers, all inspections required under division (A)(1) of
section 5104.05 of the Revised Code shall be made by that
department according to the standards established by the board of
building standards. Inspections in areas of the state where
there is no municipal, township, or county building department
certified under section 3781.10 of the Revised Code to exercise
enforcement authority with respect to the category of building
occupancy which includes day-care centers shall be made by
personnel of the department of commerce.
Inspections
of centers shall be contingent upon payment of a fee by the
applicant to the department having jurisdiction to inspect.
(2) The department of commerce is responsible
for the inspections of type A family day-care homes as required
by division (B)(3) of section 5104.05 of the Revised Code. Where
there is a municipal, township, or county building department
certified under section 3781.10 of the Revised Code to exercise
enforcement authority with respect to the category of building
occupancy which includes type A homes, all inspections required
under division (B)(3) of section 5104.05 of the Revised Code
shall be made by that department according to the standards
established by the board of building standards. Inspections in
areas of the state where there is no municipal, township, or
county building department certified under section 3781.10 of the
Revised Code to exercise enforcement authority with respect to
the category of building occupancy which includes type A homes
shall be made by personnel of the department of
commerce. Inspections of type A
homes shall be contingent upon
payment of a fee by the applicant to the department having
jurisdiction to inspect.
(B) The state fire marshal is responsible for the
inspections required by divisions (A)(2) and (B)(1) of section
5104.05 of the Revised Code. In municipal corporations and in
townships outside municipal corporations where there is a fire
prevention official, the inspections shall be made by the fire
chief or the fire prevention official under the supervision of
and according to the standards established by the state fire
marshal. In townships outside municipal corporations where there
is no fire prevention official, inspections shall be made by the
employees of the state fire marshal.
(C) The fire marshal shall enforce all statutes and rules
pertaining to fire safety and fire prevention in child day-care
centers and type A family day-care homes. In the event of a
dispute between the marshal and any other responsible officer
under sections 5104.05 and 5104.051 of the Revised Code with
respect to the interpretation or application of a specific fire
safety statute or rule, the interpretation of the marshal shall
prevail.
(D) As used in this division, "licensor" has the same meaning as in section
3732.01 3717.01 of the Revised Code.
The licensor for FOOD SERVICE OPERATIONS IN the city or general health
district in which the center is located is responsible for the inspections
required under Chapter 3732 3717. of the Revised Code.
(E) Any moneys collected by the department of commerce under this
section shall be paid into the state treasury to the credit of the industrial
compliance operating fund created in section 121.084 of the Revised
Code.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general revenue
fund of the state, for the purpose of securing a thorough and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax is hereby levied on each retail sale made in this state.
(A) The tax shall be collected pursuant to the schedules
in section 5739.025 of the Revised Code.
The tax applies and is collectible when the sale is made,
regardless of the time when the price is paid or delivered.
In the case of a sale, the price of which consists in whole
or in part of rentals for the use of the thing transferred, the
tax, as regards such rentals, shall be measured by the
installments thereof.
In the case of a sale of a service defined under division
(MM) or (NN) of section 5739.01 of the Revised Code, the price of
which consists in whole or in part of a membership for the
receipt of the benefit of the service, the tax applicable to the
sale shall be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political
subdivisions, or to any other state or its political subdivisions
if the laws of that state exempt from taxation sales made to this
state and its political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers, and of magazine subscriptions
shipped by second class mail, and sales or transfers of magazines
distributed as controlled circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records the meals as part compensation for services performed or
work done;
(6) Sales of motor fuel upon receipt, use,
distribution, or sale of which in this state a tax is imposed by
the law of this state, but this exemption shall not apply to the
sale of motor fuel on which a refund of the tax is
allowable under section 5735.14 of the Revised Code; and the tax
commissioner may deduct the amount of tax levied by this section
applicable to the price of motor fuel when granting a
refund of motor fuel tax pursuant to section 5735.14 of
the Revised Code and shall cause the amount deducted to be paid
into the general revenue fund of this state;
(7) Sales of natural gas by a natural gas company, of
electricity by an electric company, of water by a water-works
company, or of steam by a heating company, if in each case the
thing sold is delivered to consumers through wires, pipes, or
conduits, and all sales of communications services by a telephone
or telegraph company, all terms as defined in section 5727.01 of
the Revised Code;
(8) Casual sales by a person, or auctioneer employed
directly by the person to conduct such sales, except as to
such sales of
motor vehicles, watercraft or outboard motors required to be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured
homes, by churches or by
nonprofit organizations operated exclusively for charitable
purposes as defined in division (B)(12) of this section, provided
that the number of days on which such tangible personal property
or services, other than items never subject to the tax, are sold
does not exceed six in any calendar year. If the number of days
on which such sales are made exceeds six in any calendar year,
the church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a church or within an organization shall be considered to be
sales of that church or organization, except that sales made by
separate student clubs and other groups of students of a primary
or secondary school, and sales made by a parent-teacher
association, booster group, or similar organization that raises
money to support or fund curricular or extracurricular activities
of a primary or secondary school, shall not be considered to be
sales of such school, and sales by each such club, group,
association, or organization shall be counted separately for
purposes of the six-day limitation. This division does not apply
to sales by a noncommercial educational radio or television
broadcasting station.
(10) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) The transportation of persons or property, unless the
transportation is by a private investigation and security
service;
(12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the Revised Code; and sales to organizations described in
division (D) of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease, or injury; the operation of an organization
exclusively
for the provision of professional, laundry, printing, and
purchasing services to hospitals or charitable institutions;
the
operation of a home for the aged, as defined in section 5701.13
of the Revised Code; the operation of a radio or television
broadcasting station that is licensed by the federal
communications commission as a noncommercial educational radio or
television station; the operation of a nonprofit animal
adoption service or a county humane society; the promotion of
education by an institution of learning that maintains a faculty of
qualified instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific
curriculum; the operation of a parent teacher association,
booster group, or similar organization primarily engaged in the
promotion and support of the curricular or extracurricular
activities of a primary or secondary school; the operation of a
community or area center in which presentations in music,
dramatics, the arts, and related fields are made in order to
foster public interest and education therein; the production of
performances in music, dramatics, and the arts; or the
promotion of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological
knowledge and information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13) Building and construction materials and services sold
to construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision thereof, or with the United
States government or any of its agencies; building and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any of its political subdivisions, or by the United States
government or any of its agencies at the time of completion of
such structures or improvements; building and construction
materials sold to construction contractors for incorporation into
a horticulture structure or livestock structure for a person
engaged in the business of horticulture or producing livestock;
building materials and services sold to a construction contractor
for incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services sold to a construction contractor for incorporation into
real property outside this state if such materials and services,
when sold to a construction contractor in the state in which the
real property is located for incorporation into real property in
that state, would be exempt from a tax on sales levied by that
state;
(14) Sales of ships or vessels or rail rolling stock used or to be
used principally in interstate or foreign commerce, and repairs,
alterations, fuel, and lubricants for such ships or vessels or rail rolling
stock;
(15) Sales to persons engaged in any of the activities
mentioned in division (E)(2) or (9) of section 5739.01 of the
Revised Code, to persons engaged in making retail sales, or to
persons who purchase for sale from a manufacturer tangible
personal property that was produced by the manufacturer in
accordance with specific designs provided by the purchaser, of
packages, including material and parts for packages, and of
machinery, equipment, and material for use primarily in packaging
tangible personal property produced for sale by or on the order
of the person doing the packaging, or sold at retail. "Packages"
includes bags, baskets, cartons, crates, boxes, cans, bottles,
bindings, wrappings, and other similar devices and containers, and
"packaging" means placing therein.
(16) Sales of food to persons using food stamp coupons to
purchase the food. As used in division (B)(16) of this section,
"food" has the same meaning as in the "Food Stamp Act of 1977,"
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations
adopted pursuant to that act.
(17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use or consumption in production; and of tangible personal
property for such use or consumption in the conditioning or
holding of products produced by and for such use, consumption, or
sale by persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18) Sales of drugs dispensed by a licensed
pharmacist
upon the order of a licensed health professional
authorized to prescribe drugs to a human being, as the term "licensed health
professional authorized to prescribe drugs" is defined in section 4729.01
of the Revised Code;
insulin as recognized in the official
United States pharmacopoeia; urine and blood testing materials
when used by diabetics or persons with hypoglycemia to test for
glucose or acetone; hypodermic syringes and needles when used by
diabetics for insulin injections; epoetin alfa when purchased for use in
the treatment of persons with end-stage renal disease; hospital
beds when purchased
for use by persons with medical problems for medical purposes;
and oxygen and oxygen-dispensing equipment when purchased for use
by persons with medical problems for medical purposes;
(19) Sales of artificial limbs or portion thereof, breast
prostheses, and other prosthetic devices for humans; braces or
other devices for supporting weakened or nonfunctioning parts of
the human body; wheelchairs; devices used to lift wheelchairs
into motor vehicles and parts and accessories to such devices;
crutches or other devices to aid human perambulation; and items
of tangible personal property used to supplement impaired
functions of the human body such as respiration, hearing, or
elimination. No exemption under this division shall be allowed
for nonprescription drugs, medicines, or remedies; items or
devices used to supplement vision; items or devices whose
function is solely or primarily cosmetic; or physical fitness
equipment. This division does not apply to sales to a physician
or medical facility for use in the treatment of a patient.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services for political subdivisions
of the state;
(21) Sales of tangible personal property manufactured in
this state, if sold by the manufacturer in this state to a
retailer for use in the retail business of the retailer outside of
this state and
if possession is taken from the manufacturer by the purchaser
within this state for the sole purpose of immediately removing
the same from this state in a vehicle owned by the purchaser;
(22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions, or authorities, or by governmental entities of the
state or any of its political subdivisions, agencies,
instrumentalities, institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state
upon the presentation of an affidavit executed in this state by
the nonresident purchaser affirming that the purchaser is a
nonresident of this state, that possession of the motor vehicle
is taken in this state for the sole purpose of immediately
removing it from this state, that the motor vehicle will be
permanently titled and registered in another state, and that the
motor vehicle will not be used in this state;
(24) Sales to persons engaged in the preparation of eggs
for sale of tangible personal property used or consumed directly
in such preparation, including such tangible personal property
used for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment and parts therefor, except motor vehicles licensed to
operate on public highways, used in intraplant or interplant
transfers or shipment of eggs in the process of preparation for
sale, when the plant or plants within or between which such
transfers or shipments occur are operated by the same person.
"Packages" includes containers, cases, baskets, flats, fillers,
filler flats, cartons, closure materials, labels, and labeling
materials, and "packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales of solar, wind, or hydrothermal energy systems
that meet the guidelines established under division (B) of
section 1551.20 of the Revised Code, components of such systems
that are identified under division (B) or (D) of that section, or
charges for the installation of such systems or components, made
during the period from August 14, 1979, through December 31,
1985;
(28) Sales to persons licensed to conduct a food service
operation pursuant to section 3732.03 3717.43 of the Revised
Code, of
tangible personal property primarily used directly for the following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared
for human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(29) Sales of animals by nonprofit animal adoption
services or county humane societies;
(30) Sales of services to a corporation described in
division (A) of section 5709.72 of the Revised Code, and sales of
tangible personal property that qualifies for exemption from
taxation under section 5709.72 of the Revised Code;
(31) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(32) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(33) The sale, lease, repair, and maintenance of; parts
for; or items attached to or incorporated in motor vehicles that
are primarily used for transporting tangible personal property by
a person engaged in highway transportation for hire;
(34) Sales to the state headquarters of any veterans'
organization in Ohio that is either incorporated and issued a
charter by the congress of the United States or is recognized by
the United States veterans administration, for use by the
headquarters;
(35) Sales to a telecommunications service vendor of
tangible personal property and services used directly and
primarily in transmitting, receiving, switching, or recording any
interactive, two-way electromagnetic communications, including
voice, image, data, and information, through the use of any
medium, including, but not limited to, poles, wires, cables,
switching equipment, computers, and record storage devices and
media, and component parts for the tangible personal property.
The exemption provided in division (B)(35) of this section shall
be in lieu of all other exceptions under division (E)(2) of
section 5739.01 of the Revised Code to which a telecommunications
service vendor may otherwise be entitled based upon the use of
the thing purchased in providing the telecommunications service.
(36) Sales of investment metal bullion and investment
coins. "Investment metal bullion" means any elementary precious
metal that has been put through a process of smelting or
refining, including, but not limited to, gold, silver, platinum,
and palladium, and which is in such state or condition that its
value depends upon its content and not upon its form. "Investment metal
bullion" does not include fabricated precious
metal that has been processed or manufactured for one or
more
specific and customary industrial, professional, or artistic
uses. "Investment coins" means numismatic coins or other forms
of money and legal tender manufactured of gold, silver, platinum,
palladium, or other metal under the laws of the United States or
any foreign nation with a fair market value greater than any
statutory or nominal value of such coins.
(37)(a) Sales where the purpose of the consumer is to use
or consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(37)(a) of this section; and of
equipment such as telephones, computers, facsimile machines, and
similar tangible personal property primarily used to accept
orders for direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration and dispense it to the consumer.
For purposes of division (B)(37) of this section, "direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the tangible personal property sold to the consumer from a
warehouse, catalogue distribution center, or similar fulfillment
facility by means of the United States mail, delivery service, or
common carrier.
(38) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure;
(39) The sale of a motor vehicle that is used exclusively for a vanpool
ridesharing arrangement to persons participating in the vanpool ridesharing
arrangement when the vendor is selling the vehicle pursuant to a contract
between the vendor and the department of transportation;
(40) Sales of personal computers, computer monitors, computer keyboards,
modems, and other peripheral computer equipment to an individual who is
licensed or certified to teach in an elementary or a secondary school in this
state for use by that individual in preparation for teaching elementary or
secondary school students;
(41) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing
vehicles;
(c) Items of property that are
attached to or incorporated in motor racing vehicles, including
engines, chassis, and all other components of the vehicles, and
all spare, replacement, and rebuilt parts or components of the
vehicles; except not including tires, consumable fluids, paint,
and accessories consisting of instrumentation sensors and
related items added to the vehicle to collect and transmit data
by means of telemetry and other forms of communication.
(42) Sales of used manufactured homes and used mobile homes, as
defined in section 5739.0210 of the Revised Code, made on or after
January 1, 2000.
For the purpose of the proper administration of this
chapter, and to prevent the evasion of the tax, it is presumed
that all sales made in this state are subject to the tax until
the contrary is established.
As used in this section, except in division (B)(16) of this
section, "food" includes cereals and cereal products, milk and
milk products including ice cream, meat and meat products, fish
and fish products, eggs and egg products, vegetables and
vegetable products, fruits, fruit products, and pure fruit
juices, condiments, sugar and sugar products, coffee and coffee
substitutes, tea, and cocoa and cocoa products. It does not
include: spirituous or malt liquors; soft drinks; sodas and
beverages that are ordinarily dispensed at bars and soda
fountains or in connection therewith, other than coffee, tea, and
cocoa; root beer and root beer extracts; malt and malt extracts;
mineral oils, cod liver oils, and halibut liver oil; medicines,
including tonics, vitamin preparations, and other products sold
primarily for their medicinal properties; and water, including
mineral, bottled, and carbonated waters, and ice.
(C) The levy of an excise tax on transactions by which
lodging by a hotel is or is to be furnished to transient guests
pursuant to this section and division (B) of section 5739.01 of
the Revised Code does not prevent any of the following:
(1) A municipal corporation or township from levying an
excise tax for any lawful purpose not to exceed three per cent on
transactions by which lodging by a hotel is or is to be furnished
to transient guests in addition to the tax levied by this
section. If a municipal corporation or township repeals a tax
imposed under division (C)(1) of this section and a county in
which the municipal corporation or township has territory has a
tax imposed under division (C) of section 5739.024 of the Revised
Code in effect, the municipal corporation or township may not
reimpose its tax as long as that county tax remains in effect. A
municipal corporation or township in which a tax is levied under
division (B)(2) of section 351.021 of the Revised Code may not
increase the rate of its tax levied under division (C)(1) of this
section to any rate that would cause the total taxes levied under
both of those divisions to exceed three per cent on any lodging
transaction within the municipal corporation or township.
(2) A municipal corporation or a township from levying an
additional excise tax not to exceed three per cent on such
transactions pursuant to division (B) of section 5739.024 of the
Revised Code. Such tax is in addition to any tax imposed under
division (C)(1) of this section.
(3) A county from levying an excise tax pursuant to division (A) of
section 5739.024 of the Revised Code.
(4) A county from levying an excise tax not to exceed
three per cent of such transactions pursuant to division (C) of
section 5739.024 of the Revised Code. Such a tax is in addition
to any tax imposed under division (C)(3) of this section.
(5) A convention facilities authority, as defined in
division (A) of section 351.01 of the Revised Code, from levying
the excise taxes provided for in division (B) of section 351.021
of the Revised Code.
(6) A county from levying an excise tax not to exceed one
and one-half per cent of such transactions pursuant to division
(D) of section 5739.024 of the Revised Code. Such tax is in
addition to any tax imposed under division (C)(3) or (4) of this
section.
(7) A county from levying an excise tax not to exceed one
and one-half per cent of such transactions pursuant to division
(E) of section 5739.024 of the Revised Code. Such a tax is in
addition to any tax imposed under division (C)(3), (4), or (6) of
this section.
(D) The levy of this tax on retail sales of recreation and sports
club service shall not prevent a municipal corporation from levying any tax on
recreation and sports club dues or on any income generated by recreation and
sports club dues.
Sec. 5739.11. As used in this section, "food service
operator" means a vendor who conducts a food service operation
under Chapter 3732 3717. of the Revised Code.
Each vendor shall keep complete and accurate records of
sales, together with a record of the tax collected on the sales,
which shall be the amount due under sections 5739.01 to 5739.31
of the Revised Code, and shall keep all invoices, bills of
lading, and other such pertinent documents. Alternatively, any
food service operator who has not been convicted under section
5739.99 of the Revised Code, with respect to the vendor's food
service operation, may keep a sample of primary sales records.
Such sample shall consist of all sales invoices, guest checks,
cash register tapes, and other such documents for each of
fourteen days in every calendar quarter. The specific days to be
included in the sample shall be determined by the tax
commissioner and entered in the commissioner's journal within ten
days after the close of every calendar quarter. The tax
commissioner shall notify each such operator registered pursuant
to section 5739.17 of the Revised Code who requests such
notification of the days to be included in each sample by the
last day of the month following the close of each calendar
quarter. The notice also shall contain a statement that
destruction of primary records for time periods other than the
specified sample period is optional and that some operators may
wish to keep all such records for four full years so as to be
able to clearly demonstrate that they have fully complied with
this chapter and Chapter 5741. of the Revised Code. The tax
commissioner shall further make such determination known through
a general news release.
Each vendor shall keep exemption certificates required to
be obtained under section 5739.03 of the Revised Code. If the
vendor makes sales not subject to the tax and not required to be
evidenced by an exemption certificate, the vendor's records shall
show the identity of the purchaser, if the sale was exempted by
reason of such identity, or the nature of the transaction if
exempted for any other reason. Vendors are not required to
differentiate in record-keeping between sales that are exempt
from taxation under division (B)(2) of section 5739.02 of the
Revised Code and those that are exempt under division (B)(16) of
that section. Such records and other documents required to be
kept by this section shall be open during business hours to the
inspection of the tax commissioner, and shall be preserved for a
period of four years, unless the commissioner, in writing,
consents to their destruction within that period, or by order
requires that they be kept longer.
Section 2. That existing sections 901.43, 911.01, 911.011,
911.02, 915.24, 2305.37, 3701.22, 3701.83, 3707.33, 3707.99, 3709.09, 3715.02,
3715.52, 3715.99, 3724.03, 3732.01, 3732.02, 3732.03, 3732.04, 3732.05,
3732.06,
3732.08, 3732.09, 3732.10, 3732.11, 3732.12, 3732.13, 3732.14,
3732.99, 4303.021, 4303.13, 4303.14, 4303.15, 4303.181, 4303.182,
4303.183, 4736.01, 4745.01, 5104.05, 5104.051, 5739.02, and 5739.11
of the Revised Code are hereby repealed.
Section 3. Sections 911.01, 911.011, 911.02, 3717.21, 3717.24, and 3717.44 of
the Revised Code, as amended or enacted by this act, shall take effect
February 1, 2001.
Section 4. That sections 3707.38, 3715.21,
3715.211, and 3732.07 of the Revised Code are hereby repealed,
effective February 1, 2001.
Section 5. Prior to the effective date of section 3717.21 of the Revised
Code, the Director of Agriculture shall conduct a preliminary
survey, pursuant to section 3717.11 of the Revised Code, of each
board of health to determine whether the board is qualified and
has the capacity to administer and enforce the provisions of
Chapter 3717. of the Revised Code pertaining to retail food
establishments and to abide by the Ohio Uniform Food Safety Code.
If the director determines that a board is not qualified or lacks
the requisite capacity, the director shall grant the board an
opportunity to take corrective action. The director shall notify
the board of its deficiencies, specify the corrective actions that
must be taken, and specify a deadline by which the board must
complete the actions to receive the director's approval under
section 3717.11 of the Revised Code.
Section 6.
Initial appointments to the Retail Food Safety
Advisory Council, created by section 3717.02 of the Revised
Code, shall be made by the Director of Agriculture and
Director of Health not later than 90 days after the
effective date of this act. When all members are appointed, the
Director of Health shall abolish the Food Service Advisory Board
that the Director of Health appointed pursuant to
section 3732.02 of
the Revised Code, as that section existed before the effective date of this
act.
Section 7. (A) The Retail Food Safety Advisory Council, created by
section 3717.02 of the Revised Code, shall conduct a five-year
study for the following purposes:
(1) To determine whether the recommendations of the food
safety council created by Am. Sub. H.B. 113 of the 122nd General
Assembly have been implemented and, if implemented, the effects
of the implementation;
(2) To evaluate the level of food safety awareness of
consumers and their confidence in the state's food supply.
(B) On or before June 1, 2006, the Council shall complete its
study and issue a report of its findings and recommendations.
The report shall be submitted to the Speaker of the House of
Representatives, Minority Leader of the House of Representatives, President of
the Senate, and Minority Leader of the Senate.
Section 8. (A) The Director of Agriculture and the Director of
Health shall include, in the information their departments maintain on the
internet, electronic
links to
each other's information and to a version of the Ohio Uniform Food Safety Code
maintained on the internet by the departments.
The Ohio Uniform Food Safety Code shall
contain electronic links to the Ohio
Revised Code, Ohio Administrative Code, and any other information maintained
on the internet that the
directors jointly deem relevant.
(B) The Director of Agriculture and the Director of Health
shall study the feasibility of unifying the computer systems of
the Department of Agriculture and the Department of Health or
otherwise ensuring the compatibility of their respective
computer systems.
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