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S. B. No. 361 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend section 3715.52 of the Revised Code to
prohibit the sale or manufacture of certain
products containing bisphenol-A.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3715.52 of the Revised Code be
amended to read as follows:
Sec. 3715.52. (A) The following acts and causing them are
prohibited:
(1) The manufacture, sale, or delivery, holding or offering
for sale of any food, drug, device, or cosmetic that is
adulterated or misbranded;
(2) The adulteration or misbranding of any food, drug,
device, or cosmetic;
(3) The receipt in commerce of any food, drug, device, or
cosmetic that is adulterated or misbranded, and the delivery or
proffered delivery thereof for pay or otherwise;
(4) The sale, delivery for sale, holding for sale, or
offering for sale of any article in violation of section 3715.61
or 3715.65 of the Revised Code;
(5) The dissemination of any false advertisement;
(6) The refusal to permit entry or inspection, or to permit
the taking of a sample, as authorized by section 3715.70 of the
Revised Code;
(7) The giving of a guaranty or undertaking that is false,
except by a person who relied on a guaranty or undertaking to the
same effect signed by, and containing the name and address of the
person residing in this state from whom the person received in
good faith the food, drug, device, or cosmetic;
(8) The removal or disposal of a detained or embargoed
article in violation of section 3715.55 or 3715.551 of the Revised
Code;
(9) The alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the labeling of, or the doing
of any other act with respect to a food, drug, device, or
cosmetic, if the act is done while the article is held for sale
and results in the article being misbranded;
(10) Forging, counterfeiting, simulating, or falsely
representing, or without proper authority using any mark, stamp,
tag, label, or other identification device authorized or required
by rules adopted pursuant to sections 3715.52 to 3715.72 of the
Revised Code;
(11) The using, on the labeling of any drug or in any
advertisement relating to a drug, of any representation or
suggestion that any application with respect to the drug is
effective under section 3715.65 of the Revised Code or that the
drug complies with the provisions of that section;
(12) The using by any person to the person's own advantage,
or revealing, other than to the director of agriculture or to the
courts when relevant in any judicial proceeding under sections
3715.52 to 3715.72 of the Revised Code, any information acquired
under authority of sections 3715.01 and 3715.52 to 3715.72 of the
Revised Code, concerning any information that as a trade secret is
entitled to protection;
(13) The issuance by the manufacturer, packer, or distributor
of a dangerous drug of any advertisements, catalogues, or price
lists, except those lists specifically designed for disseminating
price change information, that do not contain in clearly legible
form the name and place of business of the manufacturer who mixed
the final ingredients and, if different, the manufacturer who
produced the drug in its finished dosage form and, if different,
the packer or distributor.
(B)(1) No person at a flea market shall sell, offer for sale,
or knowingly permit the sale of any of the following products:
(a) Baby food, infant formula, or similar products;
(b) Any drug, cosmetic, or device;
(c) Any product on which is printed or stamped an expiration
date or a date recommended by the manufacturer as either the last
day on which the product should be offered for sale or the last
day on which the product should be used.
(2) Division (B)(1) of this section does not apply to a
person who keeps available for public inspection an identification
card identifying the person as an authorized representative of the
manufacturer or distributor of any drug, cosmetic, or device, as
long as the card is not false, fraudulent, or fraudulently
obtained.
(3) Division (B)(1)(c) of this section does not apply to a
person or governmental entity that is licensed as a retail food
establishment or food service operation under Chapter 3717. of the
Revised Code or is listed in division (B)(9) or (12) of section
3717.42 of the Revised Code.
(4) As used in division (B)(1) of this section, "flea market"
means any location, other than a permanent retail store, at which
space is rented or otherwise made available to others for the
conduct of business as transient vendors as defined in section
5739.17 of the Revised Code.
(C)(1) No person shall recklessly sell or manufacture for
sale either of the following:
(a) Any food or beverage container that contains the chemical
bisphenol-A;
(b) Any item intended to be used in the mouth of a child
under three years old, including pacifiers and teethers.
(2) As used in this division, "food or beverage container"
means any container intended to hold food or drink for human
consumption, and includes both reusable and disposable containers.
Section 2. That existing section 3715.52 of the Revised Code
is hereby repealed.
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