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Sub. S. B. No. 136As Reported by the Senate Health, Human Services and Aging CommitteeAs Reported by the Senate Health, Human Services and Aging Committee
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Wachtmann, Ryan
A BILL
To amend sections 3709.02, 3709.03, 3709.05, 3709.07,
3715.01,
3715.021, 3715.59, 3715.60, 3717.01,
3717.03, 3717.05, 3717.07, 3717.11,
3717.22,
3717.23,
3717.25, 3717.27, 3717.29,
3717.42,
3717.43, 4303.021, 4303.13,
4303.14,
4303.15,
4303.18, 4303.181, 4303.182, and
4303.183
and
to
enact
sections 3709.41, 3715.022, 3715.023,
3715.024,
3715.025, 3717.041, 3717.071, 3717.111,
and
3717.221 of the
Revised
Code
to
modify the laws
pertaining to the
administration and enforcement of
food safety
programs, to require each board of
health to have a
member who represents the
activities licensed by
boards of health, and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3709.02, 3709.03, 3709.05, 3709.07,
3715.01,
3715.021, 3715.59, 3715.60, 3717.01, 3717.03,
3717.05,
3717.07, 3717.11, 3717.22, 3717.23, 3717.25,
3717.27,
3717.29,
3717.42, 3717.43, 4303.021, 4303.13, 4303.14, 4303.15,
4303.18,
4303.181,
4303.182, and 4303.183 be amended and sections
3709.41,
3715.022, 3715.023, 3715.024, 3715.025, 3717.041, 3717.071,
3717.111, and
3717.221 of the
Revised
Code be
enacted to
read as
follows:
Sec. 3709.02. (A) In each general health district there
shall
be a board of health consisting of five members to be
appointed
as provided in
section
sections 3709.03
and 3709.41 of
the Revised Code. The term of
office of the members shall be five
years from the date of
appointment, except that of those first
appointed one shall serve
for five years, one for four years, one
for three years, one for
two years, and one for one year, and
thereafter one shall be
appointed each year. This paragraph does
not apply to a combined
board of health created under section
3709.07 of the Revised
Code. (B) Each member of the board shall be paid a sum not to
exceed
eighty dollars a day for the member's attendance at each
meeting of the
board. No member shall receive compensation for
attendance at more than
eighteen meetings in any year. (C) Each member of the board shall receive travel expenses
at rates
established by the director of budget and management
pursuant to section 126.31 of the Revised Code to cover the
actual
and necessary travel expenses incurred for travel to and from
meetings
that take place outside the county in which the member
resides, except that
any member may receive travel expenses for
registration for any conference
that takes place inside the county
in which the member resides. (D) A vacancy in the membership of the board shall be filled
in
the same manner as an original appointment and shall be for the
unexpired term. When a vacancy occurs,
in a position to be filled
by the district advisory council
3709.03 of the Revised Code the
that, the council shall hold a special
meeting pursuant to section
3709.03 of the Revised Code
and appoint
for the purpose of
appointing a member
in the same manner described in that
section
for appointing members at annual meetings of the council
to fill
the vacancy. (E) A majority of the members of the board constitutes a
quorum.
Sec. 3709.03. (A) There is hereby created in each general
health district a district advisory council. A council shall
consist of
the president of the board of county
commissioners, the
chief executive of each municipal corporation
not constituting a
city health district, and the
president of the
board of township
trustees of each township. The board of
county commissioners, the
legislative body of a municipal
corporation, and the board of
township trustees of a township may
select an alternate from among
themselves to serve if the
president, the chief executive, or the
president of the board of
township trustees is unable to attend
any meeting of the district
advisory council. When attending a
meeting on behalf of
a council member, the alternate may vote on
any matter on which the member is
authorized to vote. The council shall organize by selecting a chair and secretary
from among
its members. The council shall adopt bylaws governing
its meetings, the
transaction of business, and voting procedures. The council shall meet annually in
march
March at a
place
determined by the chair
and the health commissioner for the
purpose of electing the
chair and the secretary,
appointing a
member of
making necessary appointments to the
board of health,
receiving and considering the
annual or special
reports from the
board of health, and making
recommendations to
the board of health
or to the department of
health in regard to matters for
the
betterment of health and
sanitation within the district or for
needed
legislation. The
secretary of the council shall notify the
district health
commissioner and the director of health of the
proceedings of
such
meeting.
Special meetings of the council shall be held on the
order of
any of the following: (1) The director of health; (3) The lesser of five or a majority of district advisory
council
members.
The district health commissioner shall attend all meetings of
the
council. (B)
At its annual meetings, the
The district advisory council
shall appoint
one member
four members of the board of health, and
the remaining member shall be appointed by the health district
licensing council established under section 3709.41 of the Revised
Code. At
least one
member of
the board of health shall be a
physician. Appointments shall be
made with due
regard to equal
representation of all parts of the
district. (C) If at an annual or special meeting at which a member of
the
board of health is to be appointed fewer than a majority of
the
members of the district council are present, the council, by
the
majority vote of council members present, may organize an
executive committee to make the appointment. An executive
committee shall consist of five council members, including the
president of
the board of county commissioners, the council chair,
the council secretary,
and two additional council members selected
by majority affirmative vote of
the council members present at the
meeting. The additional members selected
shall include one
representative of municipal corporations in the district
that are
not city health districts and one representative of townships in
the
district. If an individual is eligible for more than one
position on the
executive committee due to holding a particular
office, the individual shall
fill one position on the committee
and the other position shall be filled by a
member selected by a
majority affirmative vote of the council members present
at the
meeting. A council member's alternate for annual meetings may
serve as
the member's alternate at meetings of the executive
committee. Not later than thirty days after an executive committee is
organized, the
committee shall meet and the council chair shall
present to the committee the
matter of appointing a member of the
board
of health. The committee shall appoint the board member by
majority
affirmative vote. In the case of a combined health
district, the executive
committee shall appoint only members of
the board of health that are to be
appointed by the district
advisory council, unless the contract for
administration of health
affairs in the combined district provides otherwise.
If a
majority affirmative vote is not reached within thirty
days after
the executive committee is organized, the director of health shall
appoint the member of the board of health under the authority
conferred by
section 3709.03 of the Revised Code. If the council fails to meet or appoint a member of the board
of health as
required by this section or section 3709.02 of the
Revised Code, the director
of health, with the consent of the
public health council, may appoint the
member.
Sec. 3709.05. (A) Unless an administration of public health
different from that specifically provided in this section is
established and maintained under authority of its charter, or
unless a
combined city health district is formed under
section
3709.051 of the Revised Code, the legislative authority
of each
city constituting a city health district shall establish
a board
of health,. The board shall be composed of
five
four members
appointed by the
mayor and
confirmed by the legislative authority
and one member appointed by the health district licensing council
established under section 3709.41 of the Revised Code. (B) Each member of the board shall be paid a sum not to
exceed eighty dollars
a day for the member's attendance at
each
meeting of the board. No member shall receive compensation for
attendance at more than eighteen meetings in any year. (C) Each member of the board shall receive travel
expenses
at rates established by the director of budget and
management
pursuant to section 126.31 of the Revised Code to cover the actual
and necessary travel expenses incurred for travel to and
from
meetings that take place outside the county in which the member
resides,
except that any member may receive travel
expenses for
registration for any conference that takes place
inside the county
in which the member resides.
(D) A majority of the members constitutes a quorum, and the
mayor shall be
president of the board. (E) The term of office of the members shall be five years
from
the date of appointment, except that of those first
appointed, one
shall serve for five years, one for four years, one
for three
years, one for two years, and one for one year, and
thereafter
one shall be appointed each year. A vacancy in the membership of the board shall be filled in
like manner as an
original appointment and shall be for the
unexpired term.
Sec. 3709.07. Except as provided in section 3709.071 of
the
Revised Code, when it is proposed that one or more city
health
districts unite with a general health district in the
formation of
a single district, the district advisory council of
the general
health district shall meet and vote on the question
of union. It
shall require a majority affirmative vote of the
members of the
district advisory council to carry the question.
The legislative
authority of each city shall likewise vote on the
question. A
majority voting affirmatively shall be required for
approval.
When
the majority of the district advisory council and
the
legislative
authority have voted affirmatively, the
chair of the
council and
the chief executive of each city shall enter
into a
contract for
the administration of health affairs in the
combined
district.
Such contract shall state the proportion of
the
expenses of the
board of health or health department of the
combined district to
be paid by the city or cities and by the
original general health
district. The contract may provide that
the administration of the
combined district shall be taken over
by
either the board of
health or health department of one of the
cities, by the board of
health of the general health district, or
by a combined board of
health. Such contract shall prescribe the
date on which such
change of administration shall be made. A
copy
of such contract
shall be filed with the director of health. The combined district shall constitute a general health
district, and the board of health or health department of the
city, the board of health of the original general health
district,
or the combined board of health, as may be agreed in
the contract,
shall have, within the combined district, all the
powers granted
to, and perform all the duties required of, the
board of health of
a general health district. The district advisory
council of the combined general health
district shall consist of
the members of the district advisory
council of the original
general health district and the chief
executive of each city
constituting a city health district, each
member having one vote. If the contract provides that the administration of the
combined district shall be taken over by a combined board of
health, rather than the board of health of the original health
district, the contract shall set forth the number of members of
such board, their terms of office, and the manner of appointment
or election of officers. One of the members of such combined
board of health shall be a physician, and one member shall be an
individual appointed by the health district licensing council
established under section 3709.41 of the Revised Code. The
contract may also
provide for the representation of areas by one
or more members
and shall, in such event, specify the territory to
be included in
each such area. The appointment of any member of the combined board who is
designated by the provisions of the contract to represent a city
shall be made by the chief executive and approved by the
legislative authority of such city. If a member is designated by
the contract to represent more than one city, the member shall be
appointed by majority vote of the chief executives of all cities
included in any such area.
The
Except for the member appointed by
the health district licensing council, the appointment of all
members of the
combined board who are designated to represent the
balance of the
district shall be made by the district advisory
council. The service status of any person employed by a city or
general health district shall not be affected by the creation of
a
combined district.
Sec. 3709.41. (A) For each city and general health
district, the appointing authority of the board of health shall
appoint a health district licensing council. The members of the
council shall consist of one representative of each activity for
which the board of health operates a licensing program.
Initial appointments to a health district advisory council
shall be made not later than thirty days after the effective date
of this section. Members shall serve for terms of five years and
may be reappointed. Vacancies shall be filled in the manner
provided for original appointment.
The health district licensing council shall organize by
selecting a chair and secretary from among its members. The
council shall adopt bylaws governing its meetings, the transaction
of business, and voting procedures. The council shall meet at
least quarterly and shall meet at other times pursuant to the call
of the chair or a majority of the council's members.
(B) Pursuant to sections 3709.03, 3709.05, and 3709.07 of
the Revised Code, the health district licensing council shall
appoint one of its members to serve as a member of the board of
health. The council shall appoint one of its members to serve as
an alternate board of health member if for any reason the original
member is required to abstain from voting on a particular issue
being considered by the board of health. While serving on behalf
of the original member, the alternate member has the same powers
and duties as the original member.
Sec. 3715.01. (A) As used in this chapter: (1)
"Public health council" means the public health
council
established by section 3701.33 of the
Revised Code. (2)
"Person" means an individual, partnership,
corporation,
or association. (a) Articles used for food or drink for humans or
animals; (c) Articles used for components of any such articles. (a) Articles recognized in the United States
pharmacopoeia
and national formulary, or any supplement to
them; (b) Articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or
animals; (c) Articles, other than food, intended to affect the
structure or any function of the body of humans or other
animals; (d) Articles intended for use as a component of any of the
foregoing
articles, other than devices or
their components, parts,
or accessories. (5)
"Device," except when used in division (B)(1) of this
section and in division (A)(10) of section 3715.52,
division (F)
of
section 3715.60, division (A)(5) of section 3715.64, and
division
(C) of section 3715.67 of the Revised Code, means any
instrument,
apparatus, implement, machine, contrivance, implant,
in vitro
reagent, or other similar or related article, including
any
component, part, or accessory, that is any of the following: (a) Recognized in the United
States pharmacopoeia and
national formulary, or any supplement to
them; (b) Intended for use in the diagnosis of disease or other
conditions, or in the cure, mitigation, treatment, or prevention
of disease in humans or animals; (c) Intended to affect the structure or any function of
the
body of humans or animals, and that does
not
achieve any
of its
principal intended purposes through chemical action within
or on
the body of humans or animals and is not
dependent upon
being
metabolized for the achievement of any of its principal
intended
purposes. (a) Articles intended to be rubbed, poured, sprinkled, or
sprayed on, introduced into, or otherwise applied to the human
body or any part thereof for cleansing, beautifying, promoting
attractiveness, or altering the appearance; (b) Articles intended for use as a component of any such
article, except that
"cosmetic" does not
include soap. (7)
"Label" means a display of written, printed, or
graphic
matter upon the immediate container, exclusive of package
liners,
of any article. Any word, statement, or other information required by
this
chapter to
appear on the
label must appear on the outside
container or wrapper, if any, of
the retail package of the
article, or
the label must be easily
legible through the outside
container or wrapper. (8)
"Labeling" means all labels and other written,
printed,
or graphic matter: (a) Upon an article or any of its containers or wrappers; (b) Accompanying such article. (9)
"Advertisement" means all representations
disseminated
in
any manner or by any means, other than by
labeling, for the
purpose of inducing, or that are likely
to
induce, directly or
indirectly, the purchase of food, drugs,
devices, or cosmetics. (a) Any drug the composition of which is such that the
drug
is not generally recognized among experts qualified by
scientific
training and experience to evaluate the safety of
drugs, as safe
for use under the conditions prescribed,
recommended, or suggested
in the labeling thereof; (b) Any drug the composition of which is such that the
drug,
as a result of investigation to determine its safety for
use under
such conditions, has become so recognized, but
that
has not, other
than in
an investigation, been used to a
material extent or for a
material time under such conditions. (11)
"Contaminated with filth" applies to any food, drug,
device, or cosmetic that has not been protected as far as may be
necessary by
all reasonable means from dust, dirt, and all foreign
or
injurious substances. (12)
"Honey" means the nectar and saccharine exudation of
plants that has been gathered, modified, and stored in a
honeycomb
by honeybees. (13)
"Finished dosage form" means the form of a drug that
is,
or is intended to be, dispensed or administered to humans or
animals and requires no further manufacturing or processing other
than packaging, reconstituting, or labeling. (14)(a)
"Manufacture" means the planting, cultivating,
harvesting, processing, making, preparing, or otherwise engaging
in any part of the production of a drug by propagating,
compounding, converting, or processing, either directly or
indirectly by extracting from substances of natural origin, or
independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, and includes the
following: (i) Any packaging
or repackaging of the drug or labeling or
relabeling of its
container, the promotion and marketing of the
drug, and
other activities incident to
production; (ii) The preparation and promotion of commercially available
products from bulk compounds for resale by pharmacies, licensed
health
professionals authorized to prescribe drugs, or other
persons. (b)
"Manufacture" does not include the preparation,
compounding,
packaging, or labeling of a drug by a pharmacist as
an
incident to either of the following: (i) Dispensing a drug in the usual course of
professional
practice; (ii) Providing a licensed health professional authorized to
prescribe drugs with a drug for the purpose of administering to
patients or
for using the drug in treating patients in the
professional's office. (15)
"Dangerous drug" has the same meaning
as in section
4729.01 of the Revised Code. (16)
"Generically equivalent drug" means a drug that
contains
identical amounts of the identical active ingredients,
but not
necessarily containing the
same inactive ingredients, that
meets
the identical compendial or
other applicable standard of
identity,
strength, quality, and
purity, including potency, and
where
applicable, content
uniformity, disintegration times, or
dissolution rates, as the
prescribed brand name drug and the
manufacturer or distributor
holds, if applicable, either an
approved new drug application or
an approved abbreviated new drug
application unless other
approval by law or from the federal food
and drug administration
is required. No drug shall be considered a generically equivalent drug
for
the purposes of this chapter if it has been listed by the federal
food and
drug
administration as having proven bioequivalence
problems. (17)
"Licensed health professional authorized to prescribe
drugs"
and
"prescriber" have the same meanings as in section
4729.01 of the Revised Code. (18) "Home" means the primary residence occupied by the
residence's owner, on the condition that the residence contains
only one stove or oven used for cooking, which may be a double
oven, designed for
common residence usage and not for commercial
usage, and that the
stove or oven be operated in an ordinary
kitchen within the
residence.
(19) "Potentially hazardous food" means a food that is
natural or synthetic, to which any of the following apply: (a) It has a pH level greater than 4.6 when measured at
seventy-five degrees fahrenheit or twenty-four degrees celsius. (b) It has
a water
activity value greater than 0.85. (c) It requires temperature
control because it is in a form
capable of supporting the rapid
and progressive growth of
infectious or toxigenic microorganisms,
the growth and toxin
production of clostridium botulinium, or in the case of
raw shell
eggs, the growth of salmonella enteritidis. (20) "Cottage food production operation" means a person who,
in the person's home, produces food items that are not potentially
hazardous food, including bakery products, jams, jellies, candy,
fruit butter, and similar products specified in rules adopted
pursuant to section 3715.025 of the Revised Code.
(B) For the purposes of sections 3715.52 to 3715.72 of the
Revised Code: (1) If an article is alleged to be misbranded because the
labeling is misleading, or if an advertisement is alleged to be
false because it is misleading, then in determining whether the
labeling or advertisement is misleading, there shall be taken
into
account, among other things, not only representations made
or
suggested by statement, word, design, device, sound, or in any
combination thereof, but also the extent to which the labeling or
advertisement fails to reveal facts material in the light of such
representations or material with respect to consequence which may
result from the use of the article to which the labeling or
advertisement relates under the conditions of use prescribed in
the labeling or advertisement thereof or under such conditions of
use as are customary or usual. (2) The provisions regarding the selling of food, drugs,
devices, or cosmetics include the manufacture, production,
processing, packing, exposure, offer, possession, and holding of
any such article for sale; and the sale, dispensing, and giving
of
any such article, and the supplying or applying of any such
articles in the conduct of any food, drug, or cosmetic
establishment. The provisions do not prohibit
a licensed health
professional authorized to
prescribe drugs from administering or
personally furnishing a drug or device
to a patient. (3) The representation of a drug, in its labeling or
advertisement, as an antiseptic is a representation that it is a
germicide, except in the case of a drug purporting to be, or
represented as, an antiseptic for inhibitory use as a wet
dressing, ointment, dusting powder, or other use
that involves
prolonged contact with the body. (4) Whenever jurisdiction is vested in the director of
agriculture or
the
state board of pharmacy, the jurisdiction of
the board
shall be limited to the sale, offering for sale, giving
away,
delivery, or dispensing in any manner of drugs at the
wholesale
and retail levels or to the consumer and shall be
exclusive in
the case of such sale, offering for sale, giving
away, delivery,
or dispensing in any manner of drugs at the
wholesale and retail
levels or to the consumer in any place where
prescriptions are
dispensed or compounded. (5) To assist in effectuating the provisions of
those
sections, the director of
agriculture or state board of
pharmacy
may request assistance or data from any government or
private
agency or individual.
Sec. 3715.021. (A) As used in this section,
"wholesale
food
processing
establishment" means a
premises or part of a
premises where food
is processed, packaged,
manufactured, or
otherwise held or handled
for
distribution to another location or
for
sale
or distribution at wholesale
to persons other than the
ultimate consumers.
"Wholesale food
Food processing 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.
A "food processing establishment" does not include a
cottage food production operation; a processor of maple syrup who
boils sap when a minimum of seventy-five per cent of the sap used
to produce the syrup is collected directly from trees by that
processor; a processor of sorghum who processes sorghum juice when
a minimum of seventy-five per cent of the sorghum juice used to
produce the sorghum is extracted directly from sorghum plants by
that processor; or a beekeeper who jars honey when a minimum of
seventy-five per cent of the honey is from that beekeeper's own
hives. (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
and
good manufacturing
practices for
wholesale food
processing
establishments, including
the facilities of
wholesale food
processing
establishments and
their sanitation.
The rules shall
conform with or be equivalent to the standards for foods
established by the United States food and drug administration in
Title 21 of the Code of Federal Regulations. 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
processing establishment.
Sec. 3715.022. All food products, including those produced
and packaged
by a cottage food production operation, and all
packaged maple
syrup, sorghum, and honey, are subject to food
sampling conducted
by the director of agriculture, or a
representative the director
authorizes, to determine if a food
product is misbranded or
adulterated. A component of the food
sampling conducted under this section may include the performance
of sample analyses in accordance with section 3715.02 of the
Revised Code. The director of agriculture shall adopt rules as the director
considers necessary to establish standards for food sampling and
procedures for administration of this section. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.
Sec. 3715.023. (A) Except as provided in division (B) of
this
section, a cottage food production operation and a maple
syrup or
sorghum processor and beekeeper described in division
(A)
of
section 3715.021 of the Revised Code shall label each of their
food products and
include
the following information on the label
of each of their
food
products:
(1) The name and address of the business of the cottage
food production operation, processor, or beekeeper;
(2) The name of the food product;
(3) The ingredients of the food product, in descending
order of predominance by weight;
(4) The net weight and volume of the food product, both in
United States and metric measurements.
(5) In the case of a cottage food production operation, the
following statement in ten-point
type: "This product is home
produced." (B) The requirements of division (A) of this
section do not
apply to fruit butter produced at a festival or celebration, if
the festival or celebration is organized by a
political
subdivision of this state and the fruit butter is sold
during the
festival or celebration from the production site.
(C) Food products identified and labeled in accordance with
division (A) of this section are acceptable food products that a
retail food establishment or food service
operation licensed under
Chapter 3717. of the Revised Code may offer for sale or use in
preparing and serving food.
Sec. 3715.024. (A) A maple syrup or sorghum processor and
beekeeper
described in division (A) of section 3715.021 of the
Revised Code may request that the
director of agriculture conduct
a voluntary inspection of the processor's or
beekeeper's
facilities. After the inspection is completed, if the
inspector
determines that the facilities comply with the rules
adopted by
the director pursuant to division (B) of this section,
the
processor or beekeeper may place on the label required under
section 3715.023 of the Revised Code a seal of conformity and
inspection of the department of
agriculture.
(B) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code that establish the following:
(1) Standards that maple syrup or sorghum
processors and
beekeepers must satisfy in order to be permitted to place on the
label of their food products a seal of conformity and inspection
of the director, as described in division (A) of this section;
(2) The seal of conformity and inspection to be used for
purposes
described in division (A) of this section.
Sec. 3715.025. (A) A cottage food production operation shall
not process
acidified foods, low acid canned foods, or potentially
hazardous
foods. (B) The director of agriculture shall adopt rules in
accordance with Chapter 119. of the Revised Code specifying the
food items a cottage food production operation may produce that
are in addition to the food items identified by name in division
(A)(20) of section 3715.01 of the Revised Code. The director
shall not adopt rules that permit a cottage food production
operation to produce any food that is a potentially hazardous
food.
Sec. 3715.59. Food is adulterated within the meaning of
sections 3715.01,
3715.02,
3715.022, and
3715.52 to 3715.72 of the
Revised Code, if any of the following apply: (A) It bears or contains any poisonous or deleterious
substance
that may
render it injurious to health; but in case the
substance is not an added
substance, the food shall not be
considered adulterated if
the quantity of
the substance in the
food does not
ordinarily render it injurious to health. (B) It bears or contains any added poisonous or added
deleterious substance
that is unsafe within the meaning of section
3715.62 of
the Revised Code. (C) It consists in whole or in part of a diseased,
contaminated, filthy,
putrid, or decomposed substance, or if it is
otherwise unfit for food. (D) It has been produced, processed, prepared, packed, or
held under
unsanitary conditions whereby it may have become
contaminated with filth, or
whereby it may have been rendered
diseased, unwholesome, or injurious to
health. (E) It is the product of a diseased animal or an animal
that
has died
otherwise than by slaughter, or an animal that has been
fed upon the
uncooked offal from
a slaughterhouse. (F) Its container is composed, in whole or in part, of any
poisonous or
deleterious substance that may render the contents
injurious to health. (G) Any valuable constituent has been, in whole or in part,
omitted or
abstracted from the food. (H) Any substance has been substituted wholly or in part
for
the food. (I) Damage or inferiority has been concealed in any manner. (J) Any substance has been added to or mixed or packed
with
the food so as
to increase its bulk or weight, reduce its quality
or
strength, or make it
appear better or of greater value than it
is. (K) It is confectionery and it bears or contains any alcohol
or
nonnutritive
article or substance other than harmless coloring,
harmless flavoring, harmless
resinous glaze not in excess of
four-tenths of one per cent, harmless natural
wax not in excess of
four-tenths of one per cent, harmless natural gum,
or
pectin,
except that this division shall not apply to
any confectionery by
reason of its containing less than one-half of one per cent by
volume of
alcohol derived solely from the use of flavoring
extracts, or to any chewing
gum by reason of its containing
harmless nonnutritive masticatory substances. (L) It bears or contains a coal-tar color other than one
from a batch
certified under authority of the "Federal Food,
Drug,
and Cosmetic Act," 52 Stat.
1040 (1938), 21 U.S.C.A. 301, as
amended. (M) It has been processed in violation of section 3715.025 of
the Revised Code.
Sec. 3715.60. Food is misbranded within the meaning of
sections 3715.01, 3715.02,
3715.022, and 3715.52 to 3715.72 of the
Revised Code, if: (A) Its labeling is false or misleading in any particular. (B) It is offered for sale under the name of another food. (C) Its container is so made, formed, or filled as to be
misleading. (D) It is an imitation of another food, unless its label
bears in type of uniform size and prominence, the word
"imitation," and immediately thereafter the name of the food
imitated. (E) When it is in package form, it does not bear a label
containing: (1) The name and place of business of the manufacturer,
packer, or distributor; (2) An accurate statement of the quantity of the contents
in
terms of weight, measure, or numerical count; provided, that
reasonable variations shall be permitted, and exemptions as to
small packages shall be established by rules
adopted by
the
director of agriculture; (3) In the case of food subject to section 3715.023 of the
Revised Code, the information specified in that section. (F) Any word, statement, or other information required by
or
under authority of sections 3715.01, 3715.02, and 3715.52
to
3715.72 of the Revised Code, to appear on the label or
labeling is
not prominently placed thereon with such
conspicuousness as
compared with other words, statements,
designs, or devices, in the
labeling, and in such terms as to
render it likely to be read and
understood by the ordinary
individual under customary conditions
of purchase and use. (G) It purports to be, or is represented as, a food for
which a definition and standard of identity have been prescribed
by statute, or by any rule
adopted under an existing statute, or
by rule as provided by section
3715.02 of the Revised
Code,
unless: (1) It conforms to such definition and standard. (2) Its label bears the name of the food specified in the
definition and standard, and, insofar as may be required by such
statute or rules, the common names
of optional ingredients,
other
than spices, flavoring, and coloring, present in such food. (H) It purports to be or is represented as: (1) A food for which a standard of quality has been
prescribed by rule as provided by section
3715.02 of the
Revised
Code and its quality falls below the standard
unless its
label
bears, in the manner and form that the rules specify,
a statement
that it falls below the standard; (2) A food for which a standard or standards of fill of
container have been prescribed by rule as provided
by
section
3715.02 of the Revised Code, and it falls
below the
standard of
fill of container applicable thereto, unless its
label bears, in
the manner and form that the rules specify,
a statement that it
falls below the standard. (I) It is not subject to the provisions of division (G) of
this section, unless it bears labeling clearly giving: (1) The common or usual name of the food, if any; (2) In case it is fabricated from two or more ingredients,
the common or usual name of each ingredient; except that
spices,
flavorings, and colorings, other than those sold as such,
may be
designated as spices, flavorings, and colorings, without
naming
each; provided, that, to the extent that compliance with
the
requirements of division (I)(2) of this section is
impractical or
results in deception or unfair competition,
exemptions shall be
established by rules
adopted by the
director; and provided that
these requirements shall not apply to
any carbonated beverage of
which a full and correct statement of
the ingredients, to the
extent prescribed by division (I)(2) of
this section, has been
filed under oath with the director. (J) It purports to be or is represented to be for special
dietary uses, unless its label bears such information concerning
its vitamin, mineral, and other dietary properties as is provided
by rules proposed by the director and adopted by the
public
health
council, as necessary, in order to fully inform purchasers
as to
its value for such uses. (K) It bears or contains any artificial flavoring,
artificial coloring, or chemical preservative, unless it bears
labeling stating that fact; provided, that to the extent that
compliance with the requirements of this division is
impracticable, exemptions shall be established by
rules proposed
by the director and adopted by the public health
council.
Sec. 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
is stored, processed, prepared,
manufactured, or otherwise
held or handled for retail sale.
Except
when
expressly provided otherwise, "retail food
establishment"
includes a
mobile retail food establishment, 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, other than a mobile 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.
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. 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. (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
or a retail
food establishment, and
delivered to the customer by a person
other than an employee of
the food service operation
or retail
food establishment that prepared the food. (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,
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
a food service
operation that
does not remain at any one
location for more than
forty
consecutive days and serves, in a manner consistent with
division (F) of this section, 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. (J) "Seasonal food service operation" means a food service
operation, other than a mobile food service operation, that is
operated for not more than six months in
a licensing
period. (K) "Temporary food service operation" means a food
service
operation 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
3717.43 of
the
Revised Code. (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. (Q) "Mobile retail food establishment" means a retail food
establishment that is operated from a movable vehicle or other
portable structure, and that routinely changes location, except
that if the establishment operates from any one location for more
than
forty consecutive days, the establishment is no longer a
mobile retail
food establishment.
(R) "Unprocessed," when used with respect to fruits and
vegetables, means that the fruits and vegetables are not processed
beyond merely rough trimming and rinsing.
(S) "Cottage food production operation" has the same
meaning as in division (A)(20) of section 3715.01 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)
Reviewing all comments on and requests for interpretation
of the Ohio uniform food safety code, as submitted by any holder
of a license issued under this chapter or any other person or
government entity;
(5) Making recommendations to the director of agriculture,
public health council, and director of health for use in issuing
joint letters of opinion pursuant to section 3717.041 of the
Revised Code;
(6) 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)(7) 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)(8) 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. (C) In fulfilling its duties under division (A)(4) of this
section, the council shall accept comments and requests regardless
of whether they are made publicly or anonymously. For purposes of
accepting comments and requests at times other than council
meetings, the council shall maintain and publicize a mailing
address.
Sec. 3717.041. To assist in the uniform application of the
rules adopted under this chapter, the
director of agriculture,
public health council, and director of
health shall jointly issue
a letter of opinion when issuance of a
letter of opinion is
recommended by the retail food safety
advisory council under
section 3717.03 of the Revised Code. A
letter of opinion shall be
issued not later than sixty days after
the
date the recommendation
is received from the council.
Each letter of opinion shall provide a detailed
interpretation of the rules that are the subject of the retail
food safety advisory council's recommendation. Unless rules are
adopted under this chapter that override the interpretation
expressed in a letter of opinion, the interpretation shall be
binding and applied uniformly throughout this state.
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
service
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
twelve 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. 3717.07.
(A) 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. (B) The rules shall include provisions that do all of the
following:
(1) Provide for calculations to be made according to fiscal
years rather than licensing periods;
(2) Limit the direct costs that may be attributed to the
use of sanitarians by establishing appropriate statewide averages
that may not be exceeded;
(3) Limit the indirect costs that may be included in the
calculation of fees to an amount that does not exceed thirty per
cent of the cost of the licensing program;
(4) Provide for a proportionate reduction in the fees to be
charged if a licensor included anticipated costs in the
immediately preceding calculation of licensing fees and the total
amount of the anticipated costs was not incurred;
(5) Provide for a proportionate reduction in the fees to be
charged if it is discovered through an audit by the auditor of
state or through any other means that the licensor has charged or
is charging a licensing fee that exceeds the amount that should
have been charged;
(6) Provide for a twenty per cent reduction in the fees to
be charged when the reduction is imposed as a penalty under
division (C) of section 3717.071 of the Revised Code;
(7)
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. 3717.071. (A) The director of agriculture and director
of health shall prescribe forms for use in calculating the
licensing fees that may be charged under sections 3717.25 and
3717.45 of the Revised Code. Each licensor that charges licensing
fees shall use the forms in calculating its costs according to the
uniform methodologies established in rules adopted under section
3717.07 of the Revised Code.
(B)(1) If the licensor is a board of health, the board
shall submit the form to the director of agriculture in the case
of fees being charged for retail food establishment licenses, and
to the director of health in the case of fees being charged for
food service operation licenses. The board shall submit the form
to the appropriate director not later than the first day of the
fiscal year in which the fees will apply. A form that is mailed
to the director shall be considered to have been submitted on its
postmark date.
(2) On receipt of a form from a board of health, the
director of agriculture or
director of health shall review the
form to determine if the board has calculated its fees in
accordance with the uniform methodologies. The director may
request that the auditor
of state conduct an audit of the board
to determine if the fees it established are appropriate.
The audit
is in addition to the
annual or biennial audit
conducted
pursuant
to division (A) of
section 117.11 of the
Revised Code,
and the
cost of the audit is the responsibility of
the board of
health.
If at any time the director of agriculture
or director of
health
has reasonable
cause to believe that a
different audit of a
board
of health is in the public
interest,
the director may
request that
the auditor of state conduct the
audit. If the
audit is
conducted, the cost of the audit is the
responsibility of
the
board of health.
(C)(1) If a board of health fails to submit the forms as
required under division (B)(1) of this section and the failure has
occurred not more than twice in the immediately preceding
five-year period, the board is subject to the following penalties:
(a) If the form is late by one but not more than five
working days, a fine of fifty dollars for each working day the
form is late;
(b) If the form is late by six working days but not more
than ten working days, a fine of one hundred dollars for each
working day the form is late;
(c) If the form is late by more than ten working days, the
board shall reduce by twenty per cent the fees it charges under
section 3717.25 or 3717.45 of the Revised Code during the next
succeeding fiscal year.
(2) If a board fails to submit the forms and the failure
has occurred more than twice in the immediately preceding
five-year period, the board shall reduce by twenty per cent the
fees it charges under section 3717.25 or 3717.45 of the Revised
Code during the next succeeding fiscal year. (3) A board of health that is required to pay a fine or
reduce its licensing fees shall not include any part of the cost
of the penalty in the fees it charges under section 3717.25 or
3717.45 of the Revised Code or the fees it charges in operating
any other licensing program.
Sec. 3717.11. (A) Each
board of health shall be surveyed
for the purpose of
determining whether the board 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.
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 shall be surveyed by each director at
least once
every three years.
Surveys shall be conducted in accordance with
rules
adopted under 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 a survey demonstrates that the board
is qualified and has
the requisite capacity, the director conducting
the survey shall
approve the board as the
licensor
of retail food establishments or
food service operations,
whichever is being considered, for the
district the board serves. If a survey demonstrates that a board
is not qualified or does not have the requisite capacity,
the
director conducting the survey shall not approve the
board as a
licensor, or shall revoke the director's
approval, whichever is
appropriate. 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 denied or revoked, the director
taking the
action shall designate an alternative licensor for
the
health
district
served by the board.
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. (B) When the approval of a board is revoked, all valid
licenses issued by that board
for retail food establishments or
food service operations,
whichever have been affected,
shall be
treated as though issued by the
alternative licensor. The
licenses shall remain
valid until scheduled
to expire unless
earlier suspended or revoked by the
alternative licensor. (C) All fees charged under section 3717.25 or
3717.45 of the
Revised
Code that have not been expended by a board that has
had
its approval revoked shall be transferred to the alternative
licensor. 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
in the general operations
fund created in section 3701.83 of the
Revised Code.
All
subsequent fees
charged in the district by the
alternative
licensor
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 is
acting as
licensor. (D)(1) A board 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 has
taken and a
proposed plan of action to remedy any remaining causes
of the
revocation. The director may reinstate the board as
a
licensor if all of the following occur: (a) The board 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, if those costs
exceed the moneys
available under
division (C) of this section for the district; (b) The board corrects all causes of the
revocation; (c) The alternative licensor consents to the reinstatement. (2) The reinstatement of a board as a
licensor shall be
conducted in accordance with procedures
established in rules
adopted under this chapter by the director
who revoked the
approval.
Sec. 3717.111. (A) A board of health acting as a licensor of
retail food establishments or food service operations may withdraw
from serving as licensor of either or both. Before withdrawing as
licensor, the board shall provide written notice of its intent to
withdraw. If the withdrawal applies to the licensing of retail
food establishments, the board shall provide the notice to the
director of agriculture. If the withdrawal applies to the
licensing of food service operations, the board shall provide the
notice to the director of health. On receipt of the notice, the
responsible director shall designate an alternative licensor for
the health district served by the board. 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 of agriculture
or director of health, as appropriate,
shall act as the
alternative
licensor. (B) When a board withdraws as licensor, all valid
licenses
issued by that board
for retail food establishments or food
service operations,
whichever have been affected,
shall be treated
as though issued by the
alternative licensor. The licenses shall
remain
valid until scheduled
to expire unless earlier suspended or
revoked by the
alternative licensor. (C) All fees charged under section 3717.25 or
3717.45 of the
Revised
Code that have not been expended by a board that has
withdrawn as licensor shall be transferred to the alternative
licensor. 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
in the general operations
fund created in section 3701.83 of the
Revised Code.
All subsequent fees
charged in the district by the
alternative licensor
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 is
acting as licensor.
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),
or (11),
or
(12)
to (13)
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
processing
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
business,
including
an
operation
a business or that
portion of
an
operation
a business 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
establishment with
commercially prepackaged
foods
that
are
not potentially hazardous
and contained
in
displays, the total
space of
which equals
less
than one hundred
cubic feet; (2) A
storage facility of less than five hundred
square feet
containing prepackaged foods that are not
potentially hazardous;
person at a farmers market that is registered with the director of
agriculture pursuant to section 3717.221 of the Revised Code that
offers for sale only one or more of the following:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Maple syrup, sorghum, or honey that is produced by a
maple syrup or sorghum producer or beekeeper described in division
(A) of section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially
hazardous, on the condition that the food is contained in
displays, the total
space of which equals less than one hundred
cubic feet on the
premises where the person conducts business at
the farmers market. (3) A
roadside market that
person who offers
for sale at a
roadside stand 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
that 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.
(5) An establishment that offers food
contained in displays
of
less than five hundred square feet,
and
if required to be
licensed would be classified as
risk
level one pursuant to rules
establishing licensing categories
for
retail food establishments
adopted under section 3717.33 of
the
Revised Code, on the
condition that the establishment offers the
food for
sale at
retail not
more than six months in each calendar
year; (6) A cottage food production operation, on the condition
that the operation offers its products directly to the consumer
from the site where the products are produced;
(7) A maple syrup and sorghum processor and beekeeper
described in division (A) of section 3715.021 of the Revised
Code,
on the condition that the processor or beekeeper offers only
maple
syrup, sorghum, or honey directly to the consumer from the
site
where those products are processed;
(8) A person who annually maintains five hundred or fewer
birds, on the condition that the person offers the eggs from those
birds directly to the consumer from the location where the eggs
are
produced or at a farm product auction to which division
(B)(11) of this section applies;
(9) A person who annually raises and slaughters one
thousand or fewer chickens, on the condition that the person
offers dressed chickens directly to the consumer from the location
where the chickens are raised and slaughtered or at a farm product
auction to which division (B)(11) of this section applies;
(10) A person who raises, slaughters, and processes the
meat of nonamenable species described in divisions (A) and (B) of
section 918.12 of the Revised Code, on the condition that the
person offers the meat directly to the consumer from the location
where the meat is processed or at a farm product auction to which
division (B)(11) of this section applies;
(11) A farm product auction, on the condition that it is
registered with the director pursuant to
section 3717.221 of the
Revised Code that offers for sale at the farm product auction
only one or more of the following:
(a)
The products
described in divisions (B)(8) to (10) of
this section that are
produced, raised, slaughtered, or processed,
as appropriate, by
persons described in divisions (B)(8) to (10)
of this section; (b) Fresh unprocessed fruits or vegetables;
(c) Products of a cottage food production operation; (d) Maple syrup, sorghum, or honey that is produced by a
maple syrup or sorghum producer or beekeeper described in division
(A) of section 3715.021 of the Revised Code. (12) Establishments that, with respect to offering food for
sale, offer only alcoholic beverages or prepackaged
beverages
that are not potentially hazardous;
(13) Establishments that, with respect to offering food for
sale, offer only alcoholic beverages, prepackaged
beverages that
are not potentially hazardous, or commercially prepackaged
food
that is not potentially hazardous, on the condition that
the
commercially prepackaged food is
contained in displays, the total
space of which equals less
than
one hundred cubic feet on the
premises of the operation; (14) Establishments that, with respect to offering food for
sale, offer only fountain beverages that are not potentially
hazardous;
(15) A person who offers for sale only one or more of the
following foods
at a festival or celebration, on the condition
that the festival
or celebration is organized by a political
subdivision of the
state and lasts for a period not longer than
seven consecutive
days:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Maple syrup, sorghum, or honey if produced by a maple
syrup or sorghum processor or beekeeper as described in division
(A) of section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially
hazardous, on the condition that the food is contained in
displays, the total
space of which equals less than one hundred
cubic feet;
(e) Fruit butter produced at the festival or celebration
and sold from the production site.
(16) A farm market on the condition that it is registered
with the director pursuant to section 3717.221
of the Revised Code
that offers
for sale at the farm market only one or more of the
following:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Maple syrup, sorghum, or honey that is produced by a
maple syrup or sorghum producer or beekeeper described in division
(A) of section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially
hazardous, on the condition that the food is contained in
displays, the total
space of which equals less than one hundred
cubic feet on the
premises where the person conducts business at
the farm market;
(e) Cider and other juices manufactured on site at the farm
market;
(f) The products or items described in divisions (B)(8) to
(10) of this section, on the condition that those products or
items were produced by the person offering to sell them, and
further conditioned that, with respect to eggs offered, the person
offering to sell them annually maintains five hundred or fewer
birds, and with respect to dressed chickens offered, the person
annually raises and slaughters one thousand or fewer chickens.
Sec. 3717.221. (A) Any of the following may register with
the
director of agriculture:
(1) A farm market, which is a location where a producer
offers
fruits, vegetables, and other items for sale; (2) A farmers market, which is a location where producers
congregate to offer fruits, vegetables, and other items for sale;
(3) A farm product auction, which is a location where
agricultural products, including food products, are offered for
sale at auction. (B) The director shall inspect each farm market, farmers
market,
and farm product auction that registers under this
section.
Inspections shall occur at a frequency considered
appropriate by
the director and shall be conducted in accordance
with sanitation
standards established in rules adopted under this
section. (C) The director shall adopt rules in accordance with
Chapter
119. of the Revised Code as necessary to administer this
section.
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, other
than an application for a mobile retail food establishment
license, shall be submitted
to the licensor for the
health
district in which
the retail food establishment is located.
An
application for a mobile retail food establishment license 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. (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.
If the license is for a mobile retail food
establishment, the licensor shall post the establishment's layout,
equipment, and items to be sold on the back of the license.
A mobile retail food establishment license issued by one
licensor shall be recognized by all other licensors in this state.
(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
mobile or
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
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 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
mobile or seasonal retail food
establishment, the
first day of operation in a new licensing
period, the licensor shall
assess a penalty
of. The amount of the
penalty shall be the lesser of fifty dollars or 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.
Limitations pertaining to a
mobile retail food establishment shall be posted on the back of
the license. (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. 3717.25. (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, other than mobile and
temporary 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. 3717.27. (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
preformed 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
license holder 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. A licensor may inspect any mobile retail food establishment
being operated within the licensor's district. If an inspection of
a mobile retail food establishment is conducted by a licensor
other than the licensor that issued the license for the
establishment, 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 3717.29 or
3717.30 of the Revised Code. (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. 3717.29. (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.
If the license holder is
operating a mobile retail food establishment, either the licensor
that issued the license or the licensor for the health district in
which the establishment is being operated may suspend the license. A suspension under division
(D)(1) of this section takes
effect immediately and remains in effect until the board
rescinds
the suspension.
When a mobile retail food establishment 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 license holder written notice of
the next location at which the license holder proposes to operate
the retail food establishment. 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.
In the
case of a suspension of a mobile retail food establishment, the
appeal shall be made to the licensor that suspended the license. (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. 3717.42. (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
3717.24 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
business,
including
an operation
a business or that portion of
an
operation
a business 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. (13) A private home that prepares and offers food to guests,
if the home is owner-occupied, meals are served on the premises of
that home, and the number of meals served does not exceed one
hundred fifteen
per week.
Sec. 3717.43. (A) 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
An application for
a food service operation
licenses
license, other than
those
an application for
a mobile
and
or catering food service operation
licenses
license,
shall be
submitted to the licensor for the health district in
which the
food service operation is located.
Applications
An application for
a
mobile food service operation
licenses
license 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
An application for
a catering food service operation
licenses
license shall
be submitted to the licensor for the
district where the
applicant's base of operation is located.
(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 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 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 expires at the end
of the
licensing period for which the license is issued, 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.
(2) All food service operation licenses remain valid
until
they are scheduled to expire unless earlier suspended or
revoked
under section 3717.49 of the Revised Code. (D) A food service operation license may be renewed, except
that a
temporary food service operation license is not renewable.
Applications
A person or government entity seeking license renewal
shall submit an application 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, except
that in the case of a mobile
and
or
seasonal food service
operation
licenses
the renewal application shall be submitted
prior
to
before 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. The amount of the penalty shall be the lesser of fifty
dollars or 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) A licensor may issue
not more than ten temporary food
service operation 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 food service
operation license to the
same 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 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) 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
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. 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
as a retail food establishment or a food service operation
pursuant to
section 3717.43
Chapter 3717. of the Revised
Code
and
operate as a restaurant for purposes of this chapter. 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
of a retail food establishment
or a food service operation
licensed pursuant to
section
3717.43
Chapter 3717. of the Revised Code
that operates as a restaurant
for purposes of this chapter, 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
of a retail food establishment
or a food service operation licensed pursuant to
section
3717.43
Chapter 3717. of
the Revised Code
that operates as a restaurant
for purposes of this chapter, 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
of a retail food establishment
or a food service operation licensed pursuant to
section
3717.43
Chapter 3717. of the
Revised Code
that operates as a restaurant
for purposes of this chapter, or
of 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. 4303.18. Permit D-5 may be issued to the owner or
operator of a
retail food establishment or a food service
operation licensed pursuant to Chapter 3717. of the Revised Code
that operates as a restaurant or night
club
for purposes of this
chapter, 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. A
person who is the holder of
both a D-3 and D-3a
permit
need not
obtain a D-5 permit. The fee
for this permit is
one thousand
eight
hundred seventy-five
dollars.
Sec. 4303.181. (A) Permit D-5a
may be issued either to the
owner or operator of a hotel or motel that
is
required to be
licensed under section 3731.03 of the Revised Code, that contains
at least fifty rooms for
registered transient
guests,
and that
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 that is
retail food
establishment or a food service operation
licensed
pursuant to
section 3717.43
Chapter 3717. of the Revised Code,
that operates
as a restaurant for purposes of this chapter and that
is
affiliated with the hotel or motel and within or contiguous to
the
hotel or motel, and that serves 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 in this division,
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
that 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 division,
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
of that floor area, 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
of that payment, 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 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 that is
retail food establishment or a
food service operation licensed
pursuant
to
section
3717.43
Chapter 3717. of the Revised Code
that operates as a restaurant
for purposes of this chapter
and that
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 in this
division, 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 that is
retail food establishment or a food service
operation licensed pursuant to
section
3717.43
Chapter 3717. of
the
Revised Code
that operates as a restaurant for purposes of
this chapter, shall have operated the
restaurant at
the proposed
premises for not less than twenty-four consecutive
months
immediately preceding the filing of the application
for the
permit, 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 the
application for the
permit. In
addition to these requirements,
the proposed D-5c permit premises
shall be located within a
municipal corporation and further
within
an election precinct
that, at the time of the
application, 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
that 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
retail food establishment or a
food service operation licensed
pursuant to
section
3717.43
Chapter 3717. of the Revised Code
that operates as a restaurant
for purposes of this chapter and
that is 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 that
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 that
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
that 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
retail food establishment or a food service
operation
that is
licensed under
section 3717.43
Chapter 3717. of
the Revised Code
that operates as a restaurant for purposes of
this chapter and that meets all
of the
following: (1) It contains not less than
twenty-five hundred square
feet of floor area. (2) It is located on or in, or
immediately adjacent to, the
shoreline of, a navigable river. (3) It provides docking space for
twenty-five boats. (4) It 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
that is also a
"navigable water"
as 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
retail food establishment or a food service
operation
that is licensed under
section
3717.43
Chapter 3717. of
the Revised Code
that operates as a restaurant for purposes of
this chapter and 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 four 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
seven 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 this division, 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. (J)(1) Permit D-5j may be issued to
either the owner or the
operator of a
retail food establishment or a
food service
operation
that is licensed under
section
3717.43
Chapter 3717.
of
the
Revised Code 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 beer and
intoxicating liquor 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-5j permit
may
exercise the same
privileges, and
shall observe the same hours
of
operation, as the holder of a D-5
permit.
(2) The D-5j permit shall be issued only within a community
entertainment district that is designated under section 4301.80 of
the
Revised Code and that is located in a
municipal corporation
with a population of at least one hundred
thousand. (3) The location of a D-5j permit may be
transferred only
within
the geographic boundaries of the community entertainment
district in which it
was issued and shall not be transferred
outside the geographic
boundaries of that district. (4) Not more than one D-5j permit shall be issued within
each
community entertainment district for each five acres of land
located
within the district. Not more than fifteen D-5j
permits
may be issued within a single community entertainment district.
Except
as otherwise provided in division (J)(4) of this section,
no quota restrictions shall be placed upon the number of
D-5j
permits that may be issued. (5) The fee for a D-5j permit is one thousand
eight hundred
seventy-five dollars. Sec. 4303.182. (A) Except as
otherwise provided in
divisions
(B) to (F) of 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, D-5j, or D-7
permit to allow sale under that permit between the hours of
ten
a.m. and midnight, or between the hours of
one
p.m. and midnight,
on Sunday, as applicable, if that sale
has
been
authorized
under
section 4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised
Code and
under the restrictions of that authorization.
(B) 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 ten a.m. and midnight on
Sunday,
whether or not
that sale has been authorized under section
4301.361,
4301.364, 4301.365, or, 4301.366 of the
Revised
Code.
(C) 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 that is required to be licensed
under
section 3731.03 of the Revised Code, that
contains at least
fifty
rooms for registered transient guests, and that has on its
premises a
restaurant
retail food establishment or a food service
operation licensed pursuant to
section 3717.43
Chapter 3717. of
the
Revised Code
that operates as a restaurant for purposes of
this chapter and is 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
ten
a.m. and midnight on Sunday,
whether or
not that
sale has
been
authorized under section 4301.361,
4301.364, 4301.365, or,
4301.366 of
the Revised Code. (D) The holder of a D-6 permit
that is issued to a
sports
facility may make sales under the permit between the hours
of
eleven a.m. and midnight on any Sunday on
which a professional
baseball, basketball, football, hockey, or soccer game is
being
played at the sports facility. As used in this
division,
"sports
facility" means a stadium or arena that has a seating
capacity of
at least four
thousand and that is owned or leased by a
professional baseball, basketball,
football, hockey, or
soccer
franchise or any combination of those franchises. (E) Permit D-6 shall be issued to the holder of any
permit
that authorizes the sale of beer or intoxicating liquor and that
is
issued to a premises located in or at the Ohio historical
society
area or
the state fairgrounds, as defined in division (B)
of section 4301.40 of the Revised Code, to allow sale under that
permit between the hours of
ten a.m. and midnight on Sunday,
whether or
not that sale has been authorized under section
4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised Code. (F)
Permit D-6 shall be issued to
the holder of any permit
that authorizes the sale of intoxicating liquor and
that is issued
to an outdoor performing arts center to allow sale under that
permit between the hours of one p.m. and midnight on
Sunday,
whether or not that sale has been authorized under section
4301.361 of
the Revised Code. A D-6 permit issued under this
division
is subject to the results of an election, held after the
D-6
permit is issued, on question (B)(4) as set forth in section
4301.351 of the Revised Code.
Following the end of the period
during which an election may be
held on question (B)(4) as set
forth in that section, sales of
intoxicating liquor may continue
at an outdoor performing arts center
under a D-6 permit issued
under this division, unless
an election on that question is held
during the permitted period and a
majority of the
voters voting in
the precinct on that question vote
"no." As used in this division,
"outdoor performing arts center"
means
an outdoor performing arts center that is located on not
less than eight
hundred acres of land and that is open for
performances from the
first day of April to the last day of
October of each
year. (G) 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
that affidavit to have been false, it
shall revoke the permits of
the permit holder at the premises
concerned. (H) 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, D-5j, 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
retail food establishment or a
food
service operation required to be
licensed under
section
3717.43
Chapter 3717. of the Revised Code
that operates as a restaurant
for purposes of this chapter 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
retail food establishment or a food service
operation, required to be
licensed under
section
3717.43
Chapter
3717. of the
Revised Code, that operates as a restaurant for
purposes of this chapter, at such new
location.
Section 2. That existing sections 3709.02, 3709.03, 3709.05,
3709.07,
3715.01, 3715.021, 3715.59, 3715.60, 3717.01, 3717.03,
3717.05, 3717.07, 3717.11,
3717.22, 3717.23, 3717.25,
3717.27,
3717.29,
3717.42, 3717.43, 4303.021, 4303.13,
4303.14,
4303.15,
4303.18,
4303.181, 4303.182, and 4303.183 of the
Revised
Code
are
hereby
repealed.
Section 3. The amendments made by this act to sections
3709.03, 3709.05, and 3709.07 of the Revised Code with respect to
the membership of boards of health do not affect the terms of the
board members holding office on the effective date of this act.
The first vacancy on a board of health that occurs after that date
shall be filled by a member selected by the health district
licensing council pursuant to section 3709.41 of the Revised Code,
as enacted by this act. Until that vacancy is filled, the health
district licensing council shall ensure that at least one of its
members attends all meetings of the board.
Section 4. Section 3709.02 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 117 and Am. Sub. H.B. 355 of the 121st General Assembly.
The General Assembly, applying the
principle stated in division
(B) of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
Section 5. Section 3709.05 of the Revised Code is presented
in
this act as a composite of the section as amended by both Am.
Sub. H.B. 117 and Am. Sub. H.B. 355 of
the 121st General Assembly.
The General Assembly, applying the
principle stated in division
(B) of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
Section 6. 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
licensure requirements are posing an undue economic burden upon
small retail food establishments, threatening the livelihood of
those employers and their employees. Therefore, this act shall go
into immediate effect.
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