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H. B. No. 97 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Huffman, Grossman, Gardner, Bubp, Combs, Evans, Stebelton, Domenick, Hall, Okey, Ujvagi
A BILL
To amend sections 3717.43 and 3717.47 of the Revised
Code regarding temporary food service operations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3717.43 and 3717.47 of the Revised
Code be amended to read as follows:
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.
An application for
a food service operation
license, other
than
an application for
a mobile
or catering food service
operation
license,
shall be
submitted to the licensor for the
health district in
which the
food service operation is located.
An
application for
a
mobile food service operation
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.
An application for
a catering food service operation
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.
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
that in the case of a mobile
or
seasonal food service
operation
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 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. 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 twenty
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. 3717.47. (A) All of the following apply with respect to
inspections of
food service operations conducted by a licensor
under this chapter:
(A) The inspections shall
be conducted according to the
procedures and schedule of frequency
specified in rules adopted
under section 3717.51 of the Revised Code. An
(B)(1) Except as provided in division (B)(2) of this section,
the inspections shall be conducted according to the schedule of
frequency specified in the rules adopted under section 3717.51 of
the Revised Code.
(2) A temporary food service operation is not subject to
inspection if all of the conditions are met:
(a) The event for which the temporary food service operation
license was issued occurs at the same location as the event for
which a previous temporary food service operation license was
issued.
(b) The person or government entity holding the license for
the temporary food service operation is the same person or
government entity that held the license for the previous temporary
food service operation.
(c) The previous temporary food service operation was
inspected during its operation.
(d) The temporary food service operation begins operating not
more than thirty days after the previous temporary food service
was inspected.
(C) An inspection may be
performed only by an individual
registered as a sanitarian or
sanitarian-in-training
under Chapter
4736. of the Revised Code.
Each
(D) Each inspection
shall be recorded on a form prescribed
and furnished by the
director of health or a form approved by the
director that has been
prescribed by a board of
health acting as
licensor. With
(E) With the assistance of the director, a
board acting as
licensor, to the extent practicable, shall computerize the
inspection process
and shall standardize the manner in which its
inspections are conducted.
(B)(F) A person or government entity
holding a license for a
food service operation license subject to inspection shall permit
the licensor to
inspect the food
service operation for purposes of
determining compliance with
this chapter and the rules adopted
under it or investigating a
complaint regarding foodborne disease.
On request of the
licensor,
the license holder shall permit the
licensor to examine the
records of the food service operation to
obtain information about the purchase, receipt, or use of food,
supplies, and equipment.
(G) A licensor may inspect any mobile food service operation
or
catering food service operation being operated within the
licensor's district. If an inspection of a mobile or catering
food
service operation is conducted by a licensor other than the
licensor that issued the license for the operation, a report of
the inspection shall be sent to the issuing licensor. The
issuing
licensor may use the inspection report to suspend or
revoke the
license under section 3717.49 of the
Revised Code.
(C)(H) An inspection may include an investigation to
determine the
identity and source of a particular food.
Section 2. That existing sections 3717.43 and 3717.47 of the
Revised Code are hereby repealed.
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