reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3715 | Pure Food and Drug Law › Section 3715.99 | Penalty.

Effective:
April 7, 2023
Latest Legislation:
House Bill 507 - 134th General Assembly
(A) Whoever violates section 3715.13 or 3715.38 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 3715.22, 3715.25, or 3715.27 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 3715.23 or 3715.34 of the Revised Code is guilty of a misdemeanor of the second degree.
(D) Whoever violates section 3715.52 or 3715.65 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the second degree.
(E) Whoever violates section 3715.521 of the Revised Code is guilty of a minor misdemeanor. A violation of that section occurs on a daily basis, not according to the number of times per day that an expired drug, baby food, or infant formula is sold, offered for sale, or delivered at retail or to the consumer. Each day of violation is a separate offense.
Last updated March 20, 2023 at 4:38 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3716 | Labeling of Hazardous Substances › Section 3716.02 | Prohibited Acts.

Effective:
November 4, 1959
Latest Legislation:
Senate Bill 440 - 103rd General Assembly
The following acts and the causing thereof are hereby prohibited:
(A) The sale or delivery for sale of any misbranded package of a hazardous substance;
(B) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to a hazardous substance, if such act is done while the substance is held for sale and which results in the hazardous substance being in a misbranded package;
(C) The refusal to permit entry or inspection as authorized by section 3716.03 of the Revised Code;
(D) A re-use of food, drug, or cosmetic containers still bearing original labels or identifiable as such by characteristic shape, impression, or closures as containers for hazardous substances is prohibited.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3716 | Labeling of Hazardous Substances › Section 3716.03 | Director of Health - Powers and Duties.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The director of health shall:
(A) Adopt rules in accordance with Chapter 119. of the Revised Code for the efficient enforcement of section 3716.02 of the Revised Code;
(B) Conduct examinations, inspections, and investigations for the purpose of establishing such regulations, through such officers of the department of health or the boards of health, as the director delegates;
(C) Designate officers and employees to enter at reasonable times any factory, warehouse, or establishment in which hazardous substances are held, or to enter any vehicle being used to transport or hold such hazardous substance:
(1) For the purpose of determining the nature of such substances;
(2) To inspect or copy all records showing the movement of any such hazardous substance, or the holding thereof during or after such movement, and the quantity, shipper, and consignee thereof; provided, evidence obtained under this subdivision shall not be used in a criminal prosecution of the person from whom obtained;
(D) Inspect and sample, upon tender of reasonable price for such sample, at reasonable times and within reasonable limits and in a reasonable manner, finished hazardous substances in retail packages and labeling thereon in such factory, warehouse, establishment, or vehicle.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3716 | Labeling of Hazardous Substances › Section 3716.05 | Injunctions.

Effective:
November 4, 1959
Latest Legislation:
Senate Bill 440 - 103rd General Assembly
In addition to the remedies provided in section 3716.04 of the Revised Code, and irrespective of whether or not there exists an adequate remedy at law, the director of health is hereby authorized to apply to the court of common pleas wherein any of the provisions of section 3716.02 are being violated for a temporary or permanent injunction restraining any person from such violation.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3716 | Labeling of Hazardous Substances › Section 3716.06 | Publication of Reports - Dissemination of Information.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
The director of health may cause to be published from time to time reports summarizing any judgments, decrees, or court orders which have been rendered under sections 3716.01 to 3716.07, inclusive, and 3716.99 of the Revised Code, including the nature of the charge and the disposition thereof.
The director may also cause to be disseminated information regarding hazardous substances in situations involving, in the opinion of the director, imminent danger to health. Nothing in this section shall be construed to prohibit the director from collecting, reporting, and illustrating the results of the investigations of the department of health.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3716 | Labeling of Hazardous Substances › Section 3716.07 | Notice and Hearing Required Before Violation Reported to Prosecuting Attorney, City Director of Law, or Village Counsel.

Effective:
November 1, 1977
Latest Legislation:
House Bill 219 - 112th General Assembly
Before any violation of section 3716.02 of the Revised Code is reported by the director or board to any prosecuting attorney, city director of law, or village counsel for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and opportunity to present his views, either orally or in writing, with regard to the contemplated proceeding.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3716 | Labeling of Hazardous Substances › Section 3716.08 | Lack of Knowledge of Misbranding.

Effective:
November 4, 1959
Latest Legislation:
Senate Bill 440 - 103rd General Assembly
No person shall be held to have violated any of the provisions of sections 3716.01 to 3716.07, inclusive, of the Revised Code, nor be subject to the penalties provided in section 3716.99 of the Revised Code, if such person sells or delivers for sale the hazardous substance which he has purchased for resale where the hazardous substance bears a label at the time of such purchase for resale by such person and such person does not alter or change such label in any way and has no knowledge that such hazardous substance is in a misbranded package.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3716 | Labeling of Hazardous Substances › Section 3716.11 | Placing Harmful or Hazardous Objects in Food or Confection.

Effective:
January 1, 1974
Latest Legislation:
House Bill 716 - 110th General Assembly
No person shall do either of the following, knowing or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby:
(A) Place a pin, needle, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection;
(B) Furnish to any person any food or confection which has been adulterated in violation of division (A) of this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3716 | Labeling of Hazardous Substances › Section 3716.99 | Penalty.

Effective:
January 1, 1974
Latest Legislation:
House Bill 716 - 110th General Assembly
(A) Whoever violates section 3716.02 of the Revised Code is guilty of a misdemeanor of the third degree on a first offense. On each subsequent offense such person is guilty of a misdemeanor of the second degree.
(B) No person is subject to prosecution for a violation of division (A) of section 3716.02 of the Revised Code with respect to any hazardous substance shipped or delivered for shipment for export to any foreign country, in a package marked for export and branded in accordance with the specifications of the foreign purchaser and in accordance with the laws of the foreign country.
(C) Whoever violates section 3716.11 of the Revised Code is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.03 | Council Meetings - Duties.

Effective:
November 21, 2001
Latest Legislation:
Senate Bill 136 - 124th General Assembly
(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 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;
(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;
(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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.04 | Rules Regarding Retail Food Establishments and Food Service Operations.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The director of agriculture and the director of health have the exclusive power in this state to adopt rules regarding retail food establishments and food service operations. The rules adopted under this chapter shall be applied uniformly throughout this state.
All rules adopted under this chapter shall be adopted in accordance with Chapter 119. of the Revised Code. Subject to the approval of the joint committee on agency rule review, portions of the rules may be adopted by referencing all or any part of any federal regulations pertaining to food safety.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.041 | Joint Letter of Opinion From Directors of Agriculture and Health.

Effective:
November 21, 2001
Latest Legislation:
Senate Bill 136 - 124th General Assembly
To assist in the uniform application of the rules adopted under this chapter, the director of agriculture 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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.05 | Uniform Food Safety Code.

Effective:
October 29, 2018
Latest Legislation:
House Bill 263 - 132nd General Assembly
(A) The director of agriculture and the director of health 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 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 director of health 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 divisions (B)(2) and (3) 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 twelve months after the administration's action, the director of agriculture and director of health 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 director of health, 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.
(3) The Ohio uniform food safety code shall contain the rules adopted under section 3717.14 of the Revised Code notwithstanding the content of the United States food and drug administration's model food code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.06 | Agriculture and Health Department Liaisons to Be Knowledgeable in Food Safety and Foodborne Illnesses.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
The director of agriculture shall create within the department of agriculture a position to be filled by an individual knowledgeable in food safety and the epidemiology of foodborne illness. The director of health shall create within the department of health a position to be filled by an individual knowledgeable in food safety rules concerning food service operations and the epidemiology of foodborne illness. The individuals appointed to these positions shall serve as liaisons between the departments. They shall also serve as the departments' liaisons with other state agencies, boards of health, representatives of retail and other food establishments, representatives of food service operations, and the federal government.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.07 | Uniform Methodologies for Calculating Costs of Licensing.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(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 director of health shall adopt rules establishing uniform methodologies for use in calculating the costs of licensing retail food establishments in the categories specified by the director of agriculture and the costs of licensing food service operations in the categories specified by the director of health. In adopting the rules, the director of agriculture and the director of health 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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.08 | Director to Promote Food Safety Awareness and Education.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) The director of agriculture and director of health shall strive to increase consumer confidence in the state's food supply by promoting food safety awareness and education. The efforts of the director of agriculture and director of health shall be made, when appropriate and available, through partnerships with representatives of retail food establishments, representatives of food service operations, and representatives of the academic community, including OSU extension.
(B) As part of their promotion of food safety awareness, the director of agriculture and the director of health shall do the following:
(1) Develop training programs regarding the Ohio uniform food safety code. The directors may offer the training programs separately but shall coordinate the content of the programs to the greatest extent practicable. The training programs shall be made available to the employees of the department of agriculture, employees of the department of health, representatives of boards of health and the health officials employed by the boards, representatives of retail food establishments, and representatives of food service operations.
(2) Co-sponsor a biennial statewide food safety conference. Additional statewide food safety conferences may be held as considered appropriate by the director of agriculture and director of health.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.09 | Certification in Food Protection.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) In accordance with rules adopted under section 3717.51 of the Revised Code, the director of health shall approve courses of study for certification in food protection as it pertains to retail food establishments and as it pertains to food service operations. Except as provided in division (B) of this section, the director shall certify individuals in food protection who successfully complete a course of study approved under this section and meet all other certification requirements specified in rules adopted under section 3717.51 of the Revised Code.
(B) The director shall issue a certification in food protection in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(1) The applicant holds a license or certification in another state.
(2) The applicant has satisfactory work experience, a government certification, or a private certification as described in that chapter working in food protection in a state that does not issue that certification.
Last updated December 29, 2023 at 7:04 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.111 | Board of Health May Withdraw as Licensor.

Effective:
November 21, 2001
Latest Legislation:
Senate Bill 136 - 124th General Assembly
(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.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.12 | Jurisdiction Change - Licenses to Remain Valid.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
If all or part of the territory within a health district becomes subject to the jurisdiction of a different board of health, all valid retail food establishment or food service operation licenses issued by the original board of health shall be treated as though issued by the board of health with jurisdiction over the territory and shall remain valid until scheduled to expire unless earlier suspended or revoked by the board under this chapter.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.13 | Contracts to Conduct Inspections and Assist Licensor by Performing Routine Services.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
A licensor may employ or enter into contracts with qualified persons and government entities to conduct inspections and to assist the licensor by performing routine services in the administration and enforcement of this chapter and the rules adopted under it.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.14 | Dogs in Outdoor Dining Areas.

Effective:
October 29, 2018
Latest Legislation:
House Bill 263 - 132nd General Assembly
(A)(1) A retail food establishment or food service operation may allow a person to bring a dog in an outdoor dining area of the establishment or operation in accordance with this section. However, if the dog is a service animal, no establishment or operation shall refuse to allow the dog in the outdoor dining area unless such refusal is authorized under federal and state laws governing service animals.
(2) The director of agriculture and the director of health shall adopt rules allowing dogs in an outdoor dining area of a retail food establishment or food service operation. The rules shall include authorization for the directors to prohibit dogs in an outdoor dining area of an establishment or operation during a public health emergency.
(B) If an establishment or operation allows a person to bring a dog in an outdoor dining area of the establishment or operation, the establishment or operation shall do all of the following:
(1) Adopt a policy that requires patrons to control their dog, whether with a leash or otherwise, while the dog is in the outdoor dining area. The establishment or operation shall enforce the policy adopted under division (B)(1) of this section.
(2) Not allow the person to take the dog into the outdoor dining area through any of the establishment's or operation's indoor areas;
(3) Comply with both of the following:
(a) All sanitation standards established in the Ohio uniform food safety code other than those standards that prohibit dogs in an outdoor dining area of an establishment or operation;
(b) Any other standard established under this chapter.
(C) No person shall bring a dog in an outdoor dining area of an establishment or operation if the dog is not properly vaccinated in accordance with all state and local laws.
(D) As used in this section, "service animal" means any dog that is individually trained for the benefit of an individual with a disability to do work or perform tasks that are directly related to the individual's disability.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.21 | License Required for Retail Food Establishments - Separate Licenses.

Effective:
February 1, 2001
Latest Legislation:
House Bill 223 - 123rd General Assembly
Except as provided in section 3717.22 of the Revised Code, no person or government entity shall operate a retail food establishment without a license. A separate license is required for each retail food establishment that a person or government entity operates.
No person or government entity shall fail to comply with any other requirement of this chapter applicable to retail food establishments.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.221 | Voluntary Registration of Farm Market, Farmers Market, or Farm Product Auction.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) Either 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 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 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.
Last updated August 18, 2021 at 3:38 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.26 | Transfer of License.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
(A) A licensor may transfer a retail food establishment license under either of the following circumstances:
(1) The sale or disposition of the retail food establishment;
(2) The relocation of the retail food establishment.
(B) A person or government entity may request to receive a retail food establishment license by transfer. A licensor may transfer a license only on determining that the person or government entity requesting the transfer is in compliance with the provisions of this chapter and the rules adopted under it applicable to retail food establishments. In the case of the sale or disposition of a retail food establishment, the licensor may transfer a license only if the licensee consents to the transfer. A licensor may not transfer a license more than once in a licensing period. A license for a temporary retail food establishment is not transferable.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.27 | Inspections.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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 performed only by an individual registered as an environmental health specialist or environmental health specialist in training under Chapter 3776. 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 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.
Last updated October 16, 2023 at 3:50 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.28 | Confidentiality of Information.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
Trade secrets and other forms of information that under this chapter are required to be furnished to or are procured by a licensor of retail food establishments shall be for the exclusive use and information of the licensor in the discharge of the licensor's official duties. The information shall not be open to the public or used in any action or proceeding in any court. If the licensor is a board of health, the board may share the information with the director of agriculture and director of health if the licensor is the director of agriculture, the director may share the information with the director of health.
The licensor shall maintain the confidentiality of the information, except that the information may be consolidated in statistical tables and published by the licensor in statistical form for the use and information of state and local agencies and the public, if the statistics do not disclose details about a particular person or government entity that provided information to the licensor. An individual employed by the licensor or assisting the licensor in the administration of the retail food establishment licensing requirements of this chapter shall not willfully divulge any information that is confidential under this section to any person or government entity other than the licensor or the individual's superior.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.31 | Prosecution and Other Remedies When Board of Health Is Licensor.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
(A) This section applies when the licensor of retail food establishments is a board of health.
As used in this section, "prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(B) At the request of the board of health, the prosecutor with jurisdiction in the area where a person allegedly has violated section 3717.21 of the Revised Code shall commence a criminal prosecution against the person.
At the request of a board of health, the director of agriculture shall provide enforcement support to assist in the prosecution of a person who is not in compliance with the provisions of this chapter and the rules adopted under it applicable to retail food establishments. Requests shall be made and assistance shall be provided in accordance with rules adopted by the director of agriculture under section 3717.33 of the Revised Code.
(C) At the request of the board of health, the prosecutor with jurisdiction in the area where a person or government entity allegedly has failed to comply with a requirement of this chapter or the rules adopted under it applicable to retail food establishments shall commence in common pleas court an action requesting the issuance of a temporary restraining order or a preliminary or permanent injunction or a mandamus action regarding the act of noncompliance. The court may grant the appropriate relief if it is shown that the respondent failed to comply with the requirement.
Notwithstanding the penalties established in section 2705.05 of the Revised Code, a person or government entity found to be in contempt of court for failing to comply with a restraining order, injunction, or writ of mandamus issued pursuant to this division shall be fined not more than one thousand dollars for each offense. Each day the noncompliance continues is a separate offense.
(D) Fifty per cent of all fines collected under this section shall be deposited in an appropriate fund created for the board's use in administering the provisions of this chapter and the rules adopted under it applicable to retail food establishments. The remaining fifty per cent shall be credited to the general fund of the political subdivision in which the case is prosecuted.
(E) The remedies available under this section are in addition to any other remedies available under the law.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.32 | Injunction.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
(A) This section applies when the licensor of retail food establishments is the director of agriculture.
(B) In addition to other remedies provided by law and irrespective of whether an adequate remedy at law exists, the director of agriculture may apply to the court of common pleas for a temporary or permanent injunction or other appropriate relief concerning the violation of a provision of this chapter or the rules adopted under it pertaining to retail food establishments. Application shall be made to the court in the county in which the violation occurs.
Notwithstanding the penalties established in section 2705.05 of the Revised Code, a person or government entity found to be in contempt of court for failing to comply with an injunction or other relief issued pursuant to this division shall be fined not more than one thousand dollars. Each day the noncompliance continues is a separate offense.
(C) Fifty per cent of all fines collected under this section shall be deposited into the state treasury to the credit of the food safety fund created in section 915.24 of the Revised Code. The remaining fifty per cent shall be credited to the general fund of the political subdivision in which the case is prosecuted.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.41 | License Required for Food Service Operation - Separate Licenses.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
Except as provided in section 3717.42 of the Revised Code, no person or government entity shall operate a food service operation without a license. A separate license is required for each food service operation a person or government entity operates.
No person or government entity shall fail to comply with any other requirement of this chapter applicable to food service operations.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.46 | Transfer of License.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
(A) A food service operation license may be transferred by the licensor under either of the following circumstances:
(1) The sale or disposition of the food service operation;
(2) The relocation of the food service operation.
(B) A person or government entity may request to receive a food service operation license by transfer. A licensor may transfer a license only on determining that the person or government entity requesting the transfer is in compliance with the provisions of this chapter and the rules adopted under it applicable to food service operations. In the case of the sale or disposition of a food service operation, the license may not be transferred unless the licensee consents to the transfer. A license shall not be transferred more than once in a licensing period. Temporary food service operation licenses are not transferable.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.47 | Inspections.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) All inspections of food service operations conducted by a licensor under this chapter shall be conducted according to the procedures and schedule of frequency specified in rules adopted under section 3717.51 of the Revised Code. An inspection may be performed only by an individual registered as an environmental health specialist or environmental health specialist in training under Chapter 3776. of the Revised Code. 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 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) A person or government entity holding a food service operation license 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.
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) An inspection may include an investigation to determine the identity and source of a particular food.
Last updated October 16, 2023 at 3:53 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.48 | Confidentiality of Information.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
Trade secrets and other forms of information that, under this chapter, are required to be furnished to or are procured by a licensor of food service operations shall be for the exclusive use and information of the licensor in the discharge of the licensor's official duties. The information shall not be open to the public or used in any action or proceeding in any court. If the licensor is a board of health, the board may share the information with the director of health and director of agriculture. If the licensor is the director of health, the director may share the information with the director of agriculture.
The licensor shall maintain the confidentiality of the information, except that the information may be consolidated in statistical tables and published by the licensor in statistical form for the use and information of state and local agencies and the public, if the statistics do not disclose details about a particular person or government entity that provided information to the licensor. An individual employed by the licensor or assisting the licensor in the administration of the food service operation licensing requirements of this chapter shall not willfully divulge any information that is confidential under this section to any person or government entity other than the licensor or the individual's superior.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3717 | Retail Food Establishments; Food Service Operations › Section 3717.50 | Prosecution and Other Remedies for Violations.

Effective:
November 3, 1999
Latest Legislation:
House Bill 223 - 123rd General Assembly
(A) As used in this section, "prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(B) At the request of the licensor, when a person allegedly has violated section 3717.41 of the Revised Code, a criminal prosecution shall be commenced against the person. If the licensor is the director of health, the prosecution shall be commenced by the attorney general. If the licensor is a board of health, the prosecution shall be commenced by the prosecutor with jurisdiction in the area where the alleged violation occurred.
At the request of a board of health acting as licensor, the director of health shall provide enforcement support to assist in the prosecution of a person who is not in compliance with the provisions of this chapter and the rules adopted under it applicable to food service operations. Requests shall be made and assistance shall be provided in accordance with rules adopted by the director of health under section 3717.52 of the Revised Code.
(C) At the request of the licensor, the attorney general or the prosecutor with jurisdiction in the area where a person or government entity allegedly has failed to comply with a requirement of this chapter or the rules adopted under it applicable to food service operations shall commence in common pleas court an action requesting the issuance of a temporary restraining order or a preliminary or permanent injunction or a mandamus action regarding the act of noncompliance. The court may grant the appropriate relief if it is shown that the respondent failed to comply with the requirement.
Notwithstanding the penalties established in section 2705.05 of the Revised Code, a person or government entity found to be in contempt of court for failing to comply with a restraining order, injunction, or writ of mandamus issued pursuant to this division shall be fined not more than one thousand dollars for each offense. Each day the noncompliance continues is a separate offense.
(D) Of the fines collected under this section, if the licensor is a board of health, fifty per cent shall be deposited in an appropriate fund created for the board's use in administering the provisions of this chapter and the rules adopted under it applicable to food service operations; if the licensor is the director of health, fifty per cent shall be deposited in the general operations fund created under section 3701.83 of the Revised Code. The remaining fifty per cent shall be credited to the general fund of the political subdivision in which the case is prosecuted.
(E) The remedies available under this section are in addition to any other remedies available under the law.