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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 321 |
SENATORS LATTA-DiDONATO-WHITE-HARRIS-MUMPER-WATTS-SPADA-GARDNER
REPRESENTATIVES CORBIN-D. MILLER-VERICH-COLLIER-CAREY-METZGER-
WIDENER-CATES-EVANS
A BILL
To amend sections 3717.22 and 3717.42 of the Revised Code to specify that the
food safety licensing exemptions that apply to certain nonprofit and other
organizations extend to an individual or group raising funds for the benefit
of an exempt organization and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3717.22 and 3717.42 of the Revised Code be amended to
read as follows:
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 ONE HUNDRED 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. THIS
EXEMPTION EXTENDS TO ANY INDIVIDUAL OR GROUP RAISING ALL OF ITS FUNDS DURING
THE DISPLAY TIME PERIODS SPECIFIED IN DIVISION (B)(4) OF THIS SECTION
FOR THE BENEFIT OF
THE NONPROFIT ORGANIZATION BY SELLING DISPLAYED FOODS UNDER THE SAME
CONDITIONS.
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;. THIS
EXEMPTION EXTENDS TO ANY INDIVIDUAL OR GROUP RAISING ALL OF ITS FUNDS DURING
THE TIME PERIODS SPECIFIED IN DIVISION (B)(5) OF THIS SECTION FOR THE
BENEFIT OF
THE CHURCH, SCHOOL, OR ORGANIZATION BY PREPARING OR SERVING FOOD INTENDED FOR
INDIVIDUAL PORTION SERVICE UNDER THE SAME CONDITIONS.
(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.
Section 2. That existing sections 3717.22 and 3717.42 of the Revised Code are
hereby repealed.
Section 3. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is that in order to avoid confusion, changes
proposed by this act are needed to coincide with the implementation of changes
made by Sub. H.B. 223 of the 123rd General Assembly beginning on February 1,
2001. Therefore, this act shall go into immediate effect.
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