The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 95 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Senators Clancy, Schuler
A BILL
To amend sections 917.01, 917.02, 917.03, 917.032, 917.04, and 917.05 and to enact section 917.25 of the Revised Code to revise the statutes governing raw milk.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 917.01, 917.02, 917.03, 917.032, 917.04, and 917.05 be amended and section 917.25 of the Revised Code be enacted to read as follows:
Sec. 917.01. As used in this chapter: (A) "Person" means any individual, government agency,
political subdivision, partnership, corporation,
association, co-operative association, or other business
unit. (B) "Co-operative association" or "agricultural cooperative
association" means any
agricultural cooperative organized under Chapter
1729. of the Revised
Code and qualified to do business in this state if
the director of agriculture finds the association
has, in good faith, its entire activities under the control of its members and
has been and is exercising full authority in the sale of milk or cream for its
members. (C) "Market area" means any area that
the director finds
is a natural
marketing area and designates as such. (D) "Dealer" or "milk dealer" means a
person who purchases or receives milk
from a producer for
the purpose
of bottling, packaging, selling, processing,
jobbing, brokering, or distributing the milk
except
where the milk is disposed of in the same
container in which it is
received, without removal from the container and without
processing in any
way except by necessary refrigeration. Any person who buys and distributes
milk in containers under the person's own label is a dealer. (E) "Imitation" means
imitation as described in 21
C.F.R.
101.3, as amended. (F) "Milk" means the
lacteal secretion, substantially free from colostrum, obtained
by the complete milking of one or more healthy cows, goats,
sheep, or other animals and intended for either of the following
purposes: (1) To be sold for human consumption or for use in
dairy products; (2) To be used for human consumption or for use in
dairy products on the premises of a governmental agency or
institution. "Milk" does not include a blend of the lacteal secretions of different
species. (G) "Grade A milk" means milk produced by
a person holding a valid producer license of the grade A milk category issued pursuant
to section 917.09 of the
Revised
Code. (H) "Manufacture milk"
means milk produced by a person holding a valid producer license
of the manufacture milk category issued pursuant to section
917.09 of the Revised
Code. (I) "Producer" or "milk
producer" means a grade A milk
producer or a manufacture milk producer. (J) "Grade A milk producer" means a person
located in this state who sells or offers for sale grade A milk obtained from a cow,
goat, sheep, or other animal that the person owns or
controls. (K) "Manufacture milk
producer" means a person located in this state who sells or
offers for sale manufacture milk obtained from a cow, goat,
sheep, or other animal that the person owns or controls. (L) "Grade A milk products" means products
derived from grade A milk and
having the standard of identity, quality, strength, purity,
grade, and, if added, permitted optional ingredients found
in the standards of identity established for the products in
rules adopted by the director under section 917.02 or
3715.02 of the Revised
Code, and includes: (2) Raw, pasteurized, or aseptically processed
products derived from milk and described in either of the following: (a) The most recent published
recommendations of the food and drug administration, public
health service, United
States department of health and
human services; (b) Rules adopted by the
director. (M) "Manufactured milk
products" means all products, other than raw milk for sale to the ultimate
consumer and grade A milk products, that are derived from milk and
are for human consumption, including: (2) Natural or processed cheese; (3) Evaporated, condensed, and dry products; (5) Such other products derived from milk as the director may specify
by rule that have the standard of identity, quality, strength,
purity, grade, and, if added, permitted optional ingredients
found in the standards of identity established for the product
in rules adopted by the director under section 917.02 or 3715.02 of the
Revised
Code. (N) "Dairy products"
means milk, raw milk for sale to the ultimate consumer, grade A milk products, and
manufactured milk products. (O) "Frozen desserts"
means frozen desserts, including the mixes, described in 21
C.F.R.
135, as amended, unless otherwise specified by the director by
rule. (P) "Milk plant" means a
grade A milk plant or
manufacture milk plant. (Q) "Grade A milk plant" means a place,
including a governmental operation, where grade A milk or a grade A milk product is collected,
handled, controlled, processed, stored, pasteurized,
ultra-pasteurized, repasteurized, aseptically processed,
bottled, or prepared for distribution, but does not include a place where a
grade A milk product is purchased in packaged form and is stored and
handled for the sole purpose of sale to the ultimate consumer. (R) "Manufacture milk
plant" means a place, including a governmental operation, where
manufacture milk or a manufactured milk product is collected,
handled, controlled, manufactured, processed, stored,
pasteurized, ultra-pasteurized, repasteurized, commercially
sterilized, aseptically processed, bottled, or prepared for
distribution, but does not include a place where a manufactured
milk product is purchased in packaged form and is stored and
handled for the sole purpose of sale to the ultimate
consumer. (S) "Raw milk for sale
to the ultimate consumer" means the raw milk sold or offered for
sale by a raw milk retailer. (T) "Raw milk retailer"
means a person who, prior to
October 31, 1965, was engaged
continuously in the business of selling or offering for sale has been issued a raw
milk directly to ultimate consumers retailer license under section 917.09 of the Revised Code. (U) "Processor" or "milk
processor" means a grade A milk
processor or a manufacture milk processor. (V) "Grade
A milk processor" means a
person who operates or controls a milk plant, transfer station, receiving station, or milk transport cleaning facility that is located in
this state or from which grade
A milk or grade
A milk products are sold or
offered for sale for human consumption, as applicable. (W) "Manufacture milk processor" means any person who operates or
controls a manufacture milk plant, transfer station, receiving station, or milk transport cleaning facility that is located in this state or from which
manufacture milk or manufactured milk products are sold or offered for sale
for human consumption, as applicable. (X) "Weigher, sampler,
or tester" means a person who, in order to determine volume,
weight, or composition for the purpose of determining price,
weighs, tests, or samples either of the following: (1) Milk at a dairy farm; (2) Milk or cream purchased by a dealer from a milk
producer or co-operative association. (Y) "Hauler" or "milk
hauler" means a person who owns or leases a vehicle or
conveyance used to transport raw milk, but does not include a
producer transporting raw milk that the producer has
produced. (Z) "License" means a
license issued under section 917.09 of the
Revised Code and includes a
registration issued under division
(J) of that section.
Sec. 917.02. (A) The director of agriculture may do any of
the following: (1) Adopt rules in
accordance with Chapter 119. of
the Revised
Code regulating all of the
following: (a) The sanitary production, storage, transportation,
manufacturing, handling, processing, sampling, testing,
examination, and sale of dairy products; (b) The suspension and revocation of licenses issued under
section 917.09 of the Revised
Code, provided that the rules are in accordance with and
do not conflict with section 917.22 of the
Revised Code; (c) Terms and renewal periods, registration requirements,
categories, and fees for licenses issued under section 917.09 of
the Revised
Code, except that the fee for a
producer's license shall not exceed fifteen dollars; (d) Examinations that must be passed prior to issuance of
a weigher, sampler, or tester license and inspections that must
be passed prior to issuance of any other type of license issued
under section 917.09 of the Revised Code; (e) Procedures for issuing and renewing licenses under
section 917.09 of the Revised
Code; (f) Information that an applicant for a license issued
under section 917.09 of the
Revised Code is required to provide on
the application for licensure; (g) Standards for equipment or materials used for the
production, processing, and handling of dairy products; (h) Records to be kept by persons holding a license issued under this
chapter and the inspection and auditing of
books and records of those persons, and any other records that are required to be kept by other rules adopted under this section; (i) Security arrangements and evidence of financial
responsibility for milk dealers, to ensure prompt payment to
milk producers; (j) Standards of identity, quality, strength, purity,
grading, and labeling of dairy products; (k) The production, processing, and handling of dairy
products and the prompt and accurate payment for milk and cream by
milk dealers, but not the establishment or control of the price of milk and
cream; (l) Criteria for the equipment, methods, or materials to be used in
performing weighing, volumetric measuring, sampling, and testing of milk and
its components when such an operation is used as the basis for determining
payment for milk delivered to or purchased by dealers; (m) The size and placement of labels and of words on labels
required by section 917.04 of the
Revised
Code to be placed on final
delivery containers used for the sale of raw milk to ultimate
consumers; (n) The size and placement of notices required to be displayed by a grade A milk producer for the sale of raw milk to the ultimate consumer under section 917.04 of the Revised Code; (o) Procedures and standards for the hand-filling, hand-capping, and on-premises storage of raw milk in single-use or reusable final delivery containers that are used for the sale of raw milk to the ultimate consumer by a grade A milk producer. The director shall have exclusive authority to administer
and enforce rules adopted under division (A)(1) of this
section. (2) Enter into, with the
approval of the milk sanitation board created in section 917.03 of the Revised Code, an agreement with a
public or private entity that the director determines is
properly qualified for the performance of any of the inspections
and analyses required by
this chapter; (3) Adopt rules by
reference to all or any part of the following
recommendations: (a) The grade A
pasteurized milk ordinance, as amended, and the "grade
A condensed and dry milk
products and condensed and dry whey" supplement
I to the grade
A pasteurized milk ordinance of
the food and drug administration, public health service, of the
United
States department of health and
human services, to the extent those provisions do not conflict
with the laws of this state; (b) The most recent recommendations for milk for
manufacturing purposes and its production and processing
published in final form in the Federal Register by the
United States department of
agriculture, to the extent those recommendations do not conflict
with the laws of this state. (4) Administer and
enforce this chapter and rules adopted under it
and appoint inspectors and
other personnel necessary to carry out this chapter and
those rules; (5) Embargo a dairy
product that the director reasonably suspects, believes, or
determines is adulterated as described in section 3715.59 of the
Revised Code or is misbranded as
described in section 3715.60 of the
Revised Code; (6) Adopt by reference
all or any part of the rules governing the dairy industry
adopted by the United States food and drug
administration and the United States department of
agriculture; (7) Annually, not later
than ninety days after the end of the state fiscal year,
determine the expense of administering and enforcing
this chapter and rules adopted under it during the preceding state
fiscal year and report the determinations to the milk sanitation
board. (B) The director shall do both all of the following:
(1) Adopt rules in accordance with Chapter 119. of the Revised Code establishing requirements for continuing education courses for weighers, samplers, and testers licensed under section 917.09 of the Revised Code;
(2) Review continuing education courses for weighers, samplers, and testers licensed under section 917.09 of the Revised Code and grant approval to those that meet the requirements established in rules adopted under division (B)(1) of this section; (3) Adopt rules in accordance with Chapter 119. of the Revised Code establishing requirements governing the production, labeling, inspection, and sampling of raw milk that is not to be pasteurized prior to gift, sale, offer for sale, or exposure for sale to the ultimate consumer as authorized in section 917.04 of the Revised Code. The rules shall be no more stringent than the grade A pasteurized milk ordinance of the food and drug administration, public health service, of the United States department of health and human services, 2005 revision, to the extent those provisions do not conflict with the laws of this state.
Sec. 917.03. There is hereby created a milk sanitation
board consisting of the director of agriculture or the
director's authorized representative, the director of health or
the director's authorized representative, and the following
members to be appointed by the director of agriculture: (A) Two grade A milk
producers; (B) One manufacture milk producer; (C) Three milk processors, one of whom shall be a grade A milk processor and one of
whom shall be a manufacture milk processor; (E) Two raw milk retailers. The three five members who are milk producers or raw milk retailers shall not be
members or representatives of the same co-operative
association. The director of agriculture or the director's authorized
representative shall serve as chairperson of the board. Before making the appointments to the board required under
this section, the director of agriculture shall consult the respective
statewide trade organizations, if any, that represent grade A milk producers, manufacture
milk producers, milk processors, raw milk retailers, and milk haulers. Of the initial appointments made prior to the effective date of this amendment, one grade A milk producer, one milk
processor, and the milk hauler shall serve for a term ending
December 31, 1998, one grade A milk producer and the
manufacture milk processor shall serve for a term ending
December 31, 1999, and the
manufacture milk producer and a grade A milk processor shall serve
for a term ending December 31,
2000. Of the initial appointments made after the effective date of this amendment, one raw milk retailer shall serve for a term ending December 31, 2007, and one raw milk retailer shall serve for a term ending December 31, 2008. Thereafter, members shall serve three-year terms that
expire on the thirty-first day of December. Each member shall hold office from the date of appointment
until the end of the term for which the member was appointed. A
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of the term. A
member shall continue in office subsequent to the expiration
date of the member's term until the member's successor takes
office or a period of sixty days has elapsed, whichever occurs
first. A member shall continue in office for the entirety of
the member's term unless removed for misfeasance, malfeasance,
or nonfeasance. The director shall provide the board with the personnel,
office space, and incidentals necessary for it to perform its duties
and exercise its powers. Members shall be reimbursed for their
actual and necessary expenses incurred in the performance of
their duties. Appointed members shall receive compensation in
an amount determined pursuant to division
(J) of section 124.15 of the
Revised
Code.
Sec. 917.032. The (A) In addition to the standing subcommittee created under division (B) of this section, the milk sanitation board shall create
three standing subcommittees and may create other subcommittees
consisting of board members or nonmembers to review and
consider any issue relevant to
this chapter and to report findings and
make recommendations to the board. Each of the three standing
subcommittees shall consist of eight members. One standing
subcommittee shall represent grade A milk production and
processing, one shall represent manufacture milk production and
manufacturing, and one shall represent frozen dessert
manufacturing. The director of agriculture shall appoint members of the
three standing subcommittees after consulting with statewide
trade organizations representing grade
A milk producers and
processors, manufacture milk producers and manufacturers, and
frozen dessert manufacturers, respectively. The (B) The milk sanitation board shall create a standing subcommittee to review and consider any raw milk issue relevant to this chapter and to report findings and make recommendations to the board. The standing subcommittee shall consist of eight members. The standing subcommittee shall represent raw milk production. The director shall appoint members of the standing committee who are raw milk retailers or consumers of raw milk. (C) The director shall
appoint at least one member of the milk sanitation board to
serve on each standing subcommittee, and the director or the director's
authorized representative shall appoint at least one member of the milk
sanitation board to serve on each other subcommittee. The director shall
appoint all other members of standing subcommittees, and the director or the
director's authorized representative shall appoint all other members of the
other subcommittees. The director shall determine the length
of the term of office of each member of a standing subcommittee
or other subcommittee and may remove a member for misfeasance,
malfeasance, or nonfeasance. (D) A standing subcommittee or any other subcommittee may do
all of the following: (A)(1) Advise and consult
with the milk sanitation board in the administration and
enforcement of this chapter and rules adopted under it;
(B)(2) Make recommendations
to the milk sanitation board regarding proposed rules;
(C)(3) Approve or
disapprove agreements between the director and any private or
public entity desiring to perform or performing any of the
inspections or analyses required under
this chapter and rules adopted under
it.
Sec. 917.04. No raw A grade A milk retailer shall producer may give, sell, offer for
sale, or expose for sale raw milk to the ultimate consumer
except a raw milk retailer who, prior to
October 31, 1965, was engaged
continuously in the business of selling or offering for sale raw
milk directly to ultimate consumers, if the producer complies with all of the following: (A) The producer holds a valid raw milk retailer license
issued under section 917.09 of the
Revised
Code, and is subject to the
rules regulating the sale of raw milk adopted under
this chapter. No person shall fail to label, in accordance with rules
adopted by the director of agriculture under section 917.02 of
the Revised
Code, all.
(B) The gift, sale, offer for sale, or exposure for sale occurs on the premises where the raw milk is produced. (C) The producer displays a notice, in a conspicuous place and complying with the requirements established in rules adopted under section 917.02 of the Revised Code, with the words "this product has not been pasteurized and may contain disease producing organisms." (D) All final delivery
containers used for the sale of raw milk to ultimate consumers have a label, complying with the requirements established in rules adopted under section 917.02 of the Revised Code,
with the words "this product has not been pasteurized and may
contain disease producing organisms." and have been filled, capped, and stored in compliance with the procedures and standards established in rules adopted under section 917.02 of the Revised Code.
Sec. 917.05. No person shall do any of the
following or cause any of the following to be done: (A) Represent an
imitation to be a dairy product; (B) Use a measure, test,
or equipment, for the purpose of determining the identity,
quality, strength, purity, grade, quantity, or price of a dairy
product, that does not comply with standards established by the
director of agriculture by rule; (C) Conduct a test to
determine the identity, quality, strength, purity, grade,
quantity, or price of a dairy product in a manner that is not in
accordance with rules adopted by the director; (D) Alter or destroy the
results of a test conducted to determine the identity, quality,
strength, purity, grade, quantity, or price of a dairy
product; (E) Manufacture, sell,
or deliver, hold, or offer for sale a dairy product that is not
labeled or represented in accordance
with the "Nutrition
Labeling and
Education
Act of 1990," 104 Stat. 2353, 21 U.S.C.A. 343, as amended, and
regulations adopted under it, and with this chapter and Chapter 3715.
of the
Revised
Code and rules adopted under those chapters; (F) Manufacture, sell, or deliver, hold, or
offer for sale a dairy product that is adulterated
as described in section 3715.59 of the
Revised
Code or is misbranded as described
in section 3715.60 of the
Revised
Code; (G) Use for human consumption goat's milk,
sheep's milk, or another animal's milk, except to manufacture
dairy products that are described in 21
C.F.R.,
as amended, or recognized as nonstandardized traditional
products normally manufactured from the animal's milk. This division does not apply to the gift, sale, offering for sale, or exposing for sale of raw milk to the ultimate consumer in accordance with section 917.04 of the Revised Code.
Sec. 917.25. This chapter does not apply to an individual who owns an animal for the purpose of personal consumption of the dairy products produced by that animal.
Section 2. That existing sections 917.01, 917.02, 917.03, 917.032, 917.04, and 917.05 of the Revised Code are hereby repealed.
|
|