reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-12 - Articles - requirement to cease use

Current through all regulations passed and filed through July 1, 2024
(A) Any article such as a utensil, material,
			 or piece of equipment may be removed from use in a retail food establishment
			 or a food service operation by the licensor if
			 the article
			 presents a public health hazard. For the purposes of this rule, a public health
			 hazard is presented by any article whose use can reasonably be expected to
			 result in the contamination or adulteration of a food product based upon its
			 state of repair, cleanliness, location, or construction. The licensor may tag
			 any such article and prohibit the article's use by the license holder.
(B) A tag removing an article from use shall
			 state the reason for the article's removal from use, and either
(1) The provisions for returning the article
			 to use, or
(2) The disposition of
			 the article if the article cannot be satisfactorily reconditioned.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-13 - Records

Current through all regulations passed and filed through July 1, 2024
A license holder of a retail food establishment shall:
(A) For the purpose of any investigation
			 provide the licensor, upon request and within a reasonable time, proof of
			 origination of the foods sold at the retail food establishment.
(B) Maintain records required as a condition
			 of a variance or a required HACCP plan, as defined in
			 paragraph (B)(52) of rule
			 3717-1-01 of the Administrative
			 Code, for a period of one year.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-14 - Collection of food samples for the purposes of identifying adulteration and misbranding

Current through all regulations passed and filed through July 1, 2024
(A) A licensor may submit a sample for
			 testing to the Ohio department of agriculture consumer protection laboratory
			 when:
(1) A food or food additive is the
			 subject of a consumer complaint;
(2) At the request of a consumer after a
			 physician has isolated an organism from the consumer as the physician's
			 patient;
(3) A food or food
			 additive is suspected of having caused an illness;
(4) A food or food additive is suspected of
			 being adulterated or misbranded;
(5) A food or food additive is subject to
			 verification of food labeling and standards of identity; or
(6) The director considers a sample analysis
			 necessary or the
			 sample is part of an Ohio department of agriculture food sample
			 monitoring program.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-15 - Embargo of food

Current through all regulations passed and filed through July 1, 2024
(A) For the purposes of this rule, "expired"
			 means:
(1) In the case of infant formula, the
			 "use by" date required by 21
			 C.F.R. 107.20
									(as
			 published on April 1, 2021) has passed; or
(2) In the case of baby food, that any
			 expiration date, "use by" date, or sale date established by state or federal
			 law or marked on the container by the manufacturer, processor, or packager has
			 passed.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-16 - Certification in food protection

Current through all regulations passed and filed through July 1, 2024
(A) Persons seeking approval for a course of
			 study for persons to be certified in food protection, shall make application to
			 the Ohio department of health in accordance with Chapter 3701-21 of the
			 Administrative Code.
(B) Any person
			 recognized by the Ohio department of health as "certified in food protection"
			 shall also be recognized as such by the Ohio department of agriculture and any
			 other licensor of retail food establishments in Ohio.
(C) The licensor shall mandate
			 person in
			 charge certification  for risk level I, II, III, and IV retail food establishments
			 and high risk mobile retail food establishments
			 for the reasons provided in paragraph (K) of rule
			 3701-21-25 of the Administrative
			 Code. This paragraph does not apply to micro markets as defined by rule
			 3717-1-01 of the Administrative
			 Code.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-17 - State survey procedures for program evaluation

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to section
			 3717.11 of the Revised Code the
			 director  shall survey at
			 least once every three years the retail food establishment program of every
			 licensor for retail food establishments. The licensor shall provide the
			 director  with all requested
			 information to complete the survey.
(B) The director  shall provide the survey methodology
			 to all licensors. The methodology shall include:
(1) A review of the administrative aspects of
			 the retail food establishment program;
(2) A field review of the application of the
			 requirements set forth in Chapter 3717. of the Revised Code, Chapter 3717-1 of
			 the Administrative Code, and this chapter;
			 and
(3) A review of other
			 performance standards relevant to the conduct of the retail food establishment
			 program.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-18 - Reinstatement of a licensor

Current through all regulations passed and filed through July 1, 2024
The director 
				may reinstate a licensor if all the conditions in division (D) of section
				3717.11 of the Revised Code are
				met. Upon reinstatement, the director shall provide the licensor a set-time frame for survey which shall be
				no later than one year after reinstatement. The licensor shall be classified as
				provisional until the licensor has successfully passed the survey. If the
				director  determines that the
				licensor is qualified to administer and enforce Chapter 3717. of the Revised
				Code, Chapter 3717-1 of the Administrative Code, and the applicable rules of
				this chapter, the director 
				shall classify the licensor as approved. If the director
				 determines that the licensor
				is not qualified, the director  may propose to revoke the approval in accordance with
				paragraph (D) of rule
				901:3-4-17 of the
				Administrative Code.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-5 - Processing Acidified Foods in Hermetically Sealed Containers › Section 901:3-5-01 - Criteria and definitions for processing acidified foods in hermetically sealed containers

Current through all regulations passed and filed through July 1, 2024
(A) Food processing establishments processing
			 acidified foods in hermetically sealed containers shall comply with Chapter
			 901:3-5 of the Administrative Code and the applicable
			 provisions of Chapter 
								901:3-17 of the Administrative Code.
(B) Definitions.
As used in Chapter 901:3-5 of the Administrative Code:
(1) "Acid foods" means foods that have a
			 natural pH of 4.6 or below.
(2)
			 "Acidified foods";
(a) Means low-acid foods
			 that have a water activity (aw) greater than 0.85 and
			 have a finished equilibrium pH of 4.6 or below to which acids or acid foods are
			 added.
(b) Does not include
			 carbonated beverages, jams, jellies, preserves, acid foods such as standardized
			 and nonstandardized food dressings and condiment sauces that contain small
			 amounts of low-acid food and have a resultant finished equilibrium pH that does
			 not significantly differ from that of the predominant acid or acid food, or
			 foods that are stored, distributed, and retailed under refrigeration are
			 excluded from the coverage of this chapter.
(3) "Lot" means the food product produced
			 during a period indicated by a specific code.
(4) "Low-acid foods" means any foods, other
			 than alcoholic beverages, with a finished equilibrium pH greater than 4.6 and a
			 water activity (aw) greater than 0.85. Tomatoes and
			 tomato products having a finished equilibrium pH less than 4.7 are not classed
			 as low-acid foods.
(5) "pH" is the
			 symbol for the negative logarithm of the hydrogen ion concentration which is a
			 measure of degree of acidity or alkalinity of a solution.
(6) "Scheduled process" means the process
			 selected by a processor as adequate for use under the conditions of manufacture
			 for a food in achieving and maintaining a food that will not permit the growth
			 of microorganisms having public health significance. It includes control of pH
			 and other critical factors equivalent to the process established by a
			 processing authority.
(7)
			 "Aw" means water activity which is a measure of the free
			 moisture in a food and is the quotient of the water vapor pressure of the
			 substance divided by the vapor pressure of pure water at the same
			 temperature.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-5 - Processing Acidified Foods in Hermetically Sealed Containers › Section 901:3-5-02 - Personnel training

Current through all regulations passed and filed through July 1, 2024
(A) The operators of processing and packaging
			 systems shall be under the operating supervision of a person who has attended a
			 school for giving instruction in food-handling techniques, food-protection
			 principles, personal hygiene,
								 plant sanitation practices, pH
			 controls,
								
			 critical factors in acidification, and who has been identified by that school
			 as having satisfactorily completed the prescribed course of
			 instruction.
(B) The supervisor
			 identified in paragraph (A) of this rule shall supply the director, upon
			 request, a copy of their certificate of completion for the prescribed
			 applicable course of instruction.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-5 - Processing Acidified Foods in Hermetically Sealed Containers › Section 901:3-5-03 - Processes and controls

Current through all regulations passed and filed through July 1, 2024
(A) Processing operations.
The manufacturer shall employ appropriate quality control
				procedures to ensure that finished foods do not present a health hazard.
(1) Acidified foods shall be so manufactured,
			 processed, and packaged that a finished equilibrium pH value of 4.6 or lower is
			 achieved within the time designated in the scheduled process and maintained in
			 all finished foods. Manufacturing shall be in accordance with the scheduled
			 process filed with the U.S. food and drug administration. Acidified foods shall
			 be thermally processed to an extent that is sufficient to destroy the
			 vegetative cells of microorganisms of public health significance and those of
			 
									no health
			 significance capable of reproducing in the food under the conditions in which
			 the food is stored, distributed, retailed and held by the user. In lieu of
			 thermal processing, approved preservatives may be used to inhibit reproduction
			 of microorganisms of no health significance.
(2) Sufficient control, including frequent
			 testing and recording of results, shall be exercised so that the finished
			 equilibrium pH values for acidified foods are not higher than 4.6. If the
			 finished equilibrium pH of the food is above 4.0, the measurement of the
			 finished equilibrium pH shall be by a potentiometric method, and the in-process
			 measurements by titration or colorimetry shall be related to the finished
			 equilibrium pH. If the finished equilibrium pH is 4.0 or below, then the
			 measurement of acidity of the final product may be made by any suitable
			 method.
(3) Procedures for
			 acidification to attain acceptable equilibrium pH levels in the final food
			 include, but are not limited to, the following:
(a) Blanching of the food ingredients in
			 acidified aqueous solutions.
(b)
			 Immersion of the blanched food in acid solutions provided the acid
			 concentration is properly maintained.
(c) Direct batch acidification, which can be
			 achieved by adding a known amount of an acid solution to a specified amount of
			 food during acidification.
(d)
			 Direct addition of a predetermined amount of acid to individual containers
			 during production provided care is taken to ensure that the proper amount of
			 acid is added to each container.
(e) Addition of acid foods to low-acid foods
			 in controlled proportions to conform to specific formulations.
(4) Testing and examinations of
			 containers shall occur often enough to ensure that the container suitably
			 protects the food from leakage or contamination.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-5 - Processing Acidified Foods in Hermetically Sealed Containers › Section 901:3-5-04 - Production and process controls

Current through all regulations passed and filed through July 1, 2024
(A) Scheduled processes for acidified foods.
(1) Processor shall supply upon request a
			 copy of:
(a) Their FDA food canning
			 establishment number.
(b) The
			 scheduled process filed with the FDA including a list of critical control
			 points.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-5 - Processing Acidified Foods in Hermetically Sealed Containers › Section 901:3-5-05 - Records

Current through all regulations passed and filed through July 1, 2024
(A) Records shall
			 be maintained of examinations of raw materials, packaging materials,
			  finished products, and of suppliers'
			 guarantees or certifications.
(B)
			 Processing and production records showing adherence to scheduled processes,
			 including records of pH measurements and other critical factors intended to
			 ensure a safe product, shall be maintained and shall contain sufficient
			 additional information such as product code, date, container size, and product,
			 to permit a public health hazard evaluation of the processes applied to each
			 lot, batch, or other portion of production.
(C) All departures from scheduled processes
			 having a possible bearing on public health or the safety of the food shall be
			 noted and the affected portion of the product identified; these departures
			 shall be recorded and made the subject of a separate file or log identifying
			 the appropriate data delineating them, the action taken to rectify them, and
			 the disposition of the portion of the product involved.
(D) Records shall be maintained identifying
			 initial distribution of the finished product to facilitate, when necessary, the
			 segregation of specific food lots that may have become contaminated or
			 otherwise unfit for their intended use.
(E) Copies of all records provided for in
			 paragraphs (B), (C), and (D) of this rule shall be retained at the processing
			 plant or other reasonably accessible location for a period of three years from
			 the date of manufacture.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-6 - Farm Markets and Auctions › Section 901:3-6-02 - Food

Current through all regulations passed and filed through July 1, 2024
(A) Food shall:
(1)
									Be obtained
			 from sources that comply with law;
(2)
									Be labeled as specified in law and  be
			 honestly presented in a way that does not mislead or misinform the
			 consumer;
(3)
									Be discarded if unsafe, adulterated, or not honestly
			 presented. Food or color additives, colored overwraps, or lights may not be
			 used to misrepresent the true appearance, color, or quality of a
			 food;
(4)
									Be protected from contamination;
(5)
									Not be displayed
			 or stored on the ground except for whole and intact raw agricultural
			 products.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-6 - Farm Markets and Auctions › Section 901:3-6-03 - Equipment and facilities

Current through all regulations passed and filed through July 1, 2024
(A)
			 Except as specified in paragraphs (A)(1), (A)(2), and (A)(3) of this rule,
			 foods requiring refrigeration or freezing shall be held in mechanical
			 refrigeration or freezer units at temperatures specified in rule
			 901:3-6-02 of the
			 Administrative Code.
(1) At a farm product
			 auction fresh dressed poultry may be held for auction by submersion in crushed
			 ice.
(2) At a farm product auction
			 frozen non amenable meats may be held
			 frozen by the use of adequate amounts of dry ice.
(3) At a farm product auction eggs may be
			 held for auction in a cooler with adequate amounts of bagged ice or gel
			 packs.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-6 - Farm Markets and Auctions › Section 901:3-6-04 - Wash, rinse, and bactericidal treatment

Current through all regulations passed and filed through July 1, 2024
(A) Each farm market or farm product auction
			 that offers raw poultry, non amenable
			 meats or both for sale shall clean and sanitize utensils and food contact
			 surfaces of equipment used in the preparation, display, and sale of the raw
			 poultry and non amenable meats in one of
			 the following:
(1) A three-compartment
			 sink;
(2) A two-compartment
			 sink;
(3) If approved by the
			 director, receptacles that substitute for compartments of a multi-compartment
			 sink; or
(4) Another method
			 approved by the director.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-6 - Farm Markets and Auctions › Section 901:3-6-05 - Hand washing

Current through all regulations passed and filed through July 1, 2024
(A)
			 Personnel shall wash their hands to prevent the contamination of food,
			 food contact surfaces and food packaging
			 material, especially after using the toilet facilities or
			 handling raw meat or poultry.
(B)
			 Except as permitted in paragraph (C) of this rule, handwashing facilities shall
			 consist of water as defined in rule
			 901:3-6-06 of the
			 Administrative Code, soap, and disposable towels.
(C) Based upon the types of food products
			 being offered for sale and the amount of food handling at the facility, the
			 director may approve an alternative method of handwashing, such as the use of
			  a non-permanent
			 handwashing facility.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-6 - Farm Markets and Auctions › Section 901:3-6-06 - Water supply

Current through all regulations passed and filed through July 1, 2024
(A)
								Except as
			 provided in paragraph (B) of this rule, water provided for hand washing and
			 cleaning pursuant to this chapter shall be from a municipal water
			 supply.
(B)
								Water from a non-municipal supply, provided for
			 hand washing and cleaning, may be used in this chapter
			 however it shall be tested annually to determine that the water is
			 negative for total coliform.
Effective: 3/20/2017
Five Year
				Review (FYR) Dates: 01/03/2017 and
				03/20/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 3717.221
Rule
				Amplifies: 3717.221
Prior
				Effective Dates: 3/31/2004, 11/04/2010
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-6 - Farm Markets and Auctions › Section 901:3-6-07 - Right of entry

Current through all regulations passed and filed through July 1, 2024
A person or government entity operating a farm market
								or a farm product
				auction shall permit the director to inspect, for the purpose of
				determining compliance with this chapter or investigating a complaint. On
				request of the director, the operator of the farm market
								or farm product
				auction shall permit the director to examine the operator's records to
				obtain information about the purchase, receipt, or use of food, supplies, and
				equipment.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-6 - Farm Markets and Auctions › Section 901:3-6-08 - Retail food establishment referral

Current through all regulations passed and filed through July 1, 2024
When a farm market
								or farm product auction is offering
				food products for sale that are of a type or that exceed the scope of those
				permitted in rule
				901:3-6-01 of the
				Administrative Code, the director shall refer the licensing and regulation of
				such facility to the local board of health with jurisdiction. Such
				facilities will be assessed and regulated under
				Chapter 3717. of the Revised Code.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-7 - Fish and Fishery Products › Section 901:3-7-01 - Incorporated by reference- fish and fishery products

Current through all regulations passed and filed through July 1, 2024
The federal food safety regulations
				located at 21 C.F.R. chapter 1, subchapter b, part 123 (2015), are adopted in
				their entirety with the exception of those provisions amended or deleted by
				this chapter. A copy is available at
https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=123
.
All food processing establishments as
				defined in section 3715.021 of the Revised Code
				shall comply with the rules of this chapter to determine that food has been
				manufactured under such conditions that render the food safe, unadulterated,
				and not misbranded.
Replaces: 901:3-7-01
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-7 - Fish and Fishery Products › Section 901:3-7-02 - Amended definitions

Current through all regulations passed and filed through July 1, 2024
As adopted in rule
				901:3-7-01 of the
				Administrative Code, as used in 21 C.F.R. chapter 1, subchapter b, part 123,
				the following definitions are modified as follows:
(A)
								"Corrective
			 action plan" means a plan that describes the steps to be taken and assigns
			 responsibility for those steps as they pertain to a particular deviation from
			 the hazard analysis and critical control plan (HACCP).
(B)
								Processing
(1)
									"Processing"
			 means, with respect to fish or fishery products: handling, storing, preparing,
			 heading, eviscerating, shucking, freezing, changing into different market
			 forms, manufacturing, preserving, packing, labeling, dockside unloading, or
			 holding.
(2)
									The regulations in this part do not apply to:
(a)
										Harvesting or
			 transporting fish or fishery products, without otherwise engaging in
			 processing.
(b)
										Practices such as heading, eviscerating, or freezing
			 intended solely to prepare a fish for holding on board a harvest
			 vessel.
(c)
										The operation of a retail
			 establishment.
(d)
										A non-profit organization exempt from federal income
			 taxation pursuant to section 501 (c)(3) of the
			 Internal Revenue Code, 26 U.S.C.A. (2017), or senior centers created under
			 section 173.11 of the Revised Code, that
			 do both of the following:
(i)
											Moves fish or fishery products from a food processing
			 establishment to another location under their control; and
(ii)
											Serves the food
			 to the end consumer, without charge.
Replaces: 901:3-7-02
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-7 - Fish and Fishery Products › Section 901:3-7-03 - Deleted regulations

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule 901:3-07-01 of the
				Administrative Code, the following sections of 21 C.F.R. 123 are deleted in
				their entirety and shall not become rules of the Ohio department of
				agriculture:
(A)
								21
			 C.F.R. 123.9(d);
			 and
(B)
								21
			 C.F.R. 123.12.
Replaces: 901:3-7-03
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-7 - Fish and Fishery Products › Section 901:3-7-04 - Modifications

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:3-7-01 of the
				Administrative Code, the following section of the 21 C.F.R. 123 is modified to
				read as follows:
"Section
				21 C.F.R.
				123.6(g)" shall read as
				"Legal basis. Failure of a processor to have and implement a hazard analysis
				and critical control plan (HACCP) that complies with this section whenever a
				HACCP plan is necessary, otherwise operate in accordance with the requirements
				of this part, shall render the fish or fishery products of that processor
				adulterated under section 3715.59 of the Revised Code. Whether a processor's
				actions are consistent with ensuring the safety of food will be determined
				through an evaluation of the processors overall implementation of its HACCP
				plan, if one is required."
Replaces: 901:3-7-04
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-8 - Shellfish Processing › Section 901:3-8-01 - Incorporation by reference - shellfish processing

Current through all regulations passed and filed through July 1, 2024
The federal food safety standards
				contained in the "National Shellfish Sanitation Program Guide for the Control
				of Molluscan Shellfish" (2019 revision) published by the United States food and
				drug administration is adopted in its entirety. A copy is available at
https://www.fda.gov/food/federalstate-food-programs/national-shellfish-sanitation-program-nssp
.
All food processing establishments as
				defined in section 3715.021 of the Revised Code
				shall comply with this rule and Chapter 901:3-17 of the Administrative Code to
				determine that food has been manufactured under such conditions that render the
				food safe, unadulterated, and not misbranded.
Replaces: 901:3-8-01, 901:3-8-02, 901:3-8-03, 901:3-8-04,
				901:3-8-05, 901:3-8-06, 901:3-8-07
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-9 - Standards of Identity for Milk, Cream, Butter, Other Dairy Products › Section 901:3-9-09 - Sour half-and-half, or cultured half-and-half. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 5-1-06
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-9 - Standards of Identity for Milk, Cream, Butter, Other Dairy Products › Section 901:3-9-24 - Nonfat dry milk fortified with vitamins A and D: identity. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 5-1-06
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-9 - Standards of Identity for Milk, Cream, Butter, Other Dairy Products › Section 901:3-9-41 - Definitions, as used in regulations 901:3-9-41 through 901:3-9-45 inclusive. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 7-25-05
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-12 - Produce Safety › Section 901:3-12-01 - Produce safety

Current through all regulations passed and filed through July 1, 2024
The standards for growing, harvesting,
				packing and holding of produce for human consumption which are housed in Title
				21 of the Code of Federal Regulations part 112 (2017) are adopted in their
				entirety with the exception of those provisions amended or deleted by this
				chapter.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-12 - Produce Safety › Section 901:3-12-02 - Amended definitions

Current through all regulations passed and filed through July 1, 2024
As adopted in rule
				901:3-12-01 of the
				Administrative Code, where ever used in 21 C.F.R. part 112, the following
				definitions are modified as follows:
(A)
								"Food"
			 means:
(1)
									Articles used for food or drink for humans or
			 animals;
(2)
									Chewing gum; or
(3)
									Articles used for
			 components of any such articles.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-12 - Produce Safety › Section 901:3-12-03 - Deleted regulations

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:3-12-01 of the
				Administrative Code, following sections of the 21 C.F.R. 112 are deleted in
				their entirety and shall not become rules of the Ohio department of
				agriculture:
(A)
								
									21
			 C.F.R. 112.171
(B)
								
									21
			 C.F.R. 112.172
(C)
								
									21
			 C.F.R. 112.173
(D)
								
									21
			 C.F.R. 112.174
(E)
								
									21 C.F.R.
			 112.175
(F)
								
									21 C.F.R.
			 112.176
(G)
								
									21
			 C.F.R. 112.177
(H)
								
									21
			 C.F.R. 112.178
(I)
								
									21 C.F.R.
			 112.179
(J)
								
									21
			 C.F.R. 112.180
(K)
								
									21
			 C.F.R. 112.181
(L)
								
									21
			 C.F.R. 112.182
(M)
								
									21
			 C.F.R. 112.193
(N)
								
									21
			 C.F.R. 112.201
(O)
								
									21 C.F.R.
			 112.202
(P)
								
									21
			 C.F.R. 112.203
(Q)
								
									21
			 C.F.R. 112.204
(R)
								
									21
			 C.F.R. 112.205
(S)
								
									21 C.F.R.
			 112.206
(T)
								
									21 C.F.R.
			 112.207
(U) 
								
									21 C.F.R.
			 112.208
(V)
								
									21
			 C.F.R. 112.209
(W)
								
									21
			 C.F.R. 112.210
(X)
								
									21
			 C.F.R. 112.211
(Y)
								
									21
			 C.F.R. 112.213
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-12 - Produce Safety › Section 901:3-12-04 - Modifications

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:3-12-01 of the
				Administrative Code, the following sections of the 21 C.F.R. 112 are amended to
				read as follows:
(A)
								
									21
			 C.F.R. 112.166(a) delete
			 existing language and insert:
"You must have all records required
				under this part readily available and accessible during the retention period
				for inspection and copying by the Ohio department of agriculture upon oral or
				written request, except that you have 24 hours to obtain records you keep
				offsite and make them available and accessible to the Ohio department of
				agriculture for inspection and copying."
(B)
								
									21
			 C.F.R. 112.167 delete existing language and
			 insert:
"Records obtained by the Ohio
				department of agriculture in accordance with this part are subject to the
				disclosure requirements under Chapter 149. of the Revised Code."
(C)
								
									21 C.F.R.
			 112.192 delete existing language and
			 insert:
"The failure to comply with the
				requirements of this part will result in the determination that the food
				produced is adulterated pursuant to section
				3715.59 of the Revised
				Code."
(D)
								
									21
			 C.F.R. 112.201 delete existing language and
			 insert:
"The process and procedure for the
				withdrawal of a qualified exemption will be handled and administered by the
				Food and Drug Administration."
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-12 - Produce Safety › Section 901:3-12-05 - Compliance dates

Current through all regulations passed and filed through July 1, 2024
(A)
								Except for the
			 C.F.R. sections listed in paragraphs (B)(1) to (B)(17) of this rule, the
			 enforcement dates of the C.F.R. sections adopted in rule
			 901:3-12-01 of the
			 Administrative Code are determined by the size of the business as defined in
			 21 C.F.R.
			 112.3.
(1)
									Very small
			 businesses shall be in compliance on or before January 27,
			 2020.
(2)
									Small businesses shall be in compliance on or before
			 January 27, 2019.
(3)
									All other businesses shall be in compliance on or
			 before the effective date of this rule.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-12 - Produce Safety › Section 901:3-12-06 - Voluntary registration

Current through all regulations passed and filed through July 1, 2024
(A)
								Farms that are
			 exempt from the rules of this chapter may request to be voluntarily regulated
			 by the Ohio department of agriculture.
(1)
									Farms who request
			 to be voluntarily regulated shall annually register with the Ohio department of
			 agriculture.
(2)
									The annual registration is from the first day of March
			 to the last day of February annually.
(3)
									All interested
			 farms must renew annually in order to be voluntarily regulated.
(4)
									Once registered
			 farms may not withdraw their voluntary registration unless specifically
			 permitted by the Ohio department of agriculture.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-16 - Weighers, Samplers, Testers, Milk Haulers › Section 901:3-16-04 - Inspection of milk haulers and weigher, sampler, or testers. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 6-6-05
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-17 - Federal Food Safety Regulations › Section 901:3-17-01 - Incorporation by reference

Current through all regulations passed and filed through July 1, 2024
The federal food safety regulations housed in Title 21 of the
				Code of Federal Regulations part 117 (2022) are adopted
				in their entirety with the exception of those provisions amended or deleted by
				this chapter.
All food processing establishments as defined in section
				3715.021 of the Revised Code,
				including processors of intoxicating beverages, shall comply with the rules of
				this chapter to determine that food has been manufactured under such conditions
				that render the food safe, unadulterated, and not misbranded.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-17 - Federal Food Safety Regulations › Section 901:3-17-02 - Amended definitions

Current through all regulations passed and filed through July 1, 2024
As adopted in rule
				901:3-17-01
				of the Administrative Code, where ever used in 21 C.F.R. part 117, the
				following definitions are modified as follows:
(A)
								The definitions
			 found in
			 21
			 C.F.R. 117.3 are amended as follows:
(1)
									"Audit" means
			 "the systematic, independent, and documented examination (through observation,
			 investigation, records review, discussions with employees of the audited
			 entity, and, as appropriate, sampling and laboratory analysis) to assess a food
			 suppliers' food safety processes and procedures.
(2)
									"Facility" means
			 a food processing establishment as defined in section
			 3715.021 of the Revised
			 Code.
(3)
									"Food" means:
(a)
										Articles used for
			 food or drink for humans or animals;
(b)
										Chewing gum;
			 or
(c)
										Articles used for components of any such
			 articles.
(4)
									"Lot' means
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-17 - Federal Food Safety Regulations › Section 901:3-17-03 - Deleted regulations

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:3-17-01
				of the Administrative Code, following sections of the 21 C.F.R. 117 are deleted
				in their entirety and shall not become rules of the Ohio department of
				agriculture:
(A)
								
									21 C.F.R.
			 117.1
(B)
								
									21
			 C.F.R. 117.254
(C)
								
									21
			 C.F.R. 117.257
(D)
								
									21
			 C.F.R. 117.260
(E)
								
									21 C.F.R.
			 117.264
(F)
								
									21 C.F.R.
			 117.267
(G)
								
									21 C.F.R.
			 117.270
(H) 
								
									21
			 C.F.R. 117.274
(I)
								
									21 C.F.R.
			 117.277
(J)
								
									21
			 C.F.R. 117.280
(K)
								
									21 C.F.R.
			 117.284
(L)
								
									21
			 C.F.R. 117.287
Effective: 10/29/2017
Five Year
				Review (FYR) Dates: 10/29/2022
Promulgated Under:
				119.03
Statutory
				Authority: 3715.02,
				3715.021
Rule
				Amplifies: 3715.59,
				3715.60,
				3715.62
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-17 - Federal Food Safety Regulations › Section 901:3-17-04 - Modifications

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:3-17-01
				of the Administrative Code, the following sections of the 21 C.F.R. 117 are
				amended to read as follows:
(A)
								
									21
			 C.F.R. 117.5(a) delete
			 existing language and insert:
"Subparts C and G of this part do not
				apply to a qualified facility unless the FDA has withdrawn the qualified
				facility exemption. Qualified facilities are subject to the modified
				requirements in
				21 C.F.R.
				part 117.201."
(B)
								
									21 C.F.R.
			 117.201 is amended to add the following
			 language:
" (g)
									Ohio department of agriculture. All records required by this
			 part must be made promptly available to a duly authorized representative of the
			 director of the Ohio department of agriculture for official review and copying
			 upon oral or written request."
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-18 - Processing and Production Records › Section 901:3-18-01 - Incorporation by reference

Current through all regulations passed and filed through July 1, 2024
The federal food safety regulations
				located at 21 C.F.R. Part 121 (2023) are adopted in their entirety with the
				exception of those provisions amended or deleted by this chapter.
All food processing establishments as
				defined in section 3715.021 of the Revised Code,
				including processors of intoxicating beverages, shall comply with the rules of
				this chapter to determine that food has been manufactured under such conditions
				that render the food safe, unadulterated, and not misbranded.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-18 - Processing and Production Records › Section 901:3-18-02 - Amended definitions

Current through all regulations passed and filed through July 1, 2024
As adopted in rule
				901:3-18-01 of the
				Administrative Code, as used in 21 C.F.R. Part 121, the following definitions
				are modified as follows:
(A)
								The definitions found in
			 21 C.F.R.
			 121.3 are amended as follows:
(1)
									"Facility" means
			 a food processing establishment as defined in section
			 3715.021 of the Revised
			 Code.
(2)
									"Food" means:
(a)
										Articles used for
			 food or drink for humans or animals;
(b)
										Chewing gum;
			 or
(c)
										Articles used for components of any such
			 articles.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-18 - Processing and Production Records › Section 901:3-18-03 - Deleted regulations

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:3-18-01 of the
				Administrative Code, 21
				C.F.R. 121.325 and
				21 C.F.R
				121.401 are deleted in their entirety and
				shall not become rules of the Ohio department of agriculture.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-18 - Processing and Production Records › Section 901:3-18-04 - Modifications

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:3-18-01 of the
				Administrative Code, the following section of 21 C.F.R. Part 121 is amended to
				read as follows:
21 C.F.R.
				121.1 delete existing language and insert,
				"This part applies to a food processing establishment as defined in section
				3715.021 of the Revised
				Code."
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-20 - Cottage Food Production › Section 901:3-20-01 - Criteria and definitions for cottage food operations

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to
			 division (B) of section
			 3715.025 of the Revised Code,
			 cottage food production operations shall comply with the provisions of Chapter
			 901:3-20 of the Administrative Code.
(B) Definitions:
As used in Chapter 901:3-20 of the Administrative Code:
(1) "Adulterated" has the meaning stated in
			 section 3715.59 of the Revised
			 Code.
(2)
									" CFR " means Code of
			 Federal Regulations.
(3)
									"Cottage food production operation" has the same
			 meaning stated in section
			 3715.01 of the Revised
			 Code.
(4) "Director" means the director of the Ohio
			 department of agriculture.
(5) "Misbranded" has
			 the meaning stated in section
			 3715.60 of the Revised
			 Code.
(6) "Reduced oxygen packaging" means the reduction of
			 the amount of oxygen in a package by removing oxygen; displacing oxygen and
			 replacing it with another gas or combination of gases; or otherwise controlling
			 the oxygen content to a level below that normally found in the surrounding
			 atmosphere, which is approximately twenty-four per cent at sea level. It
			 includes:
(a) Vacuum packaging, in which air
			 is removed from a package of food and the package is hermetically sealed so
			 that a vacuum remains inside the package; and
(b) Modified atmosphere packaging, in which
			 the atmosphere of a package is modified so that its composition is different
			 from air but the atmosphere may change over time due to the permeability of the
			 packaging material or the respiration of the food. Modified atmosphere
			 packaging includes: reduction in the proportion of oxygen, total replacement of
			 oxygen, or an increase in the proportion of other gases such as carbon dioxide
			 or nitrogen.
(7) All other
			 technical definitions are the same as those found in section
			 3715.01 of the Revised
			 Code.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-20 - Cottage Food Production › Section 901:3-20-02 - Labeling

Current through all regulations passed and filed through July 1, 2024
(A) A cottage food
			 production operation shall label each food product and include on the label the
			 information mandated by section
			 3715.023 of the Revised Code, in
			 addition to the food labeling requirements of 21
			 CFR Part 101(April 1, 2014)
								.
(B) Food products identified and labeled in
			 accordance with paragraph (A) of this rule 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.
Effective: 1/22/2016
Five Year Review
				(FYR) Dates: 11/05/2015 and
				01/22/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3715.025
Rule
				Amplifies: 3715.023,
				3715.025
Prior
				Effective Dates: 6/22/2009
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-20 - Cottage Food Production › Section 901:3-20-03 - Cottage food products sampling

Current through all regulations passed and filed through July 1, 2024
All cottage food products
				as outlined in rule
				901:3-20-04
				of the Administrative Code
								 are
				subject to food sampling conducted by the director of agriculture, or
				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
				Chapter 3715. of the Revised Code.
Effective: 1/22/2016
Five Year Review
				(FYR) Dates: 11/05/2015 and
				01/22/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3715.025
Rule
				Amplifies: 3715.022,
				3715.025
Prior
				Effective Dates: 6/22/2009
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-20 - Cottage Food Production › Section 901:3-20-04 - Cottage food products allowed

Current through all regulations passed and filed through July 1, 2024
(A) The food items listed below are approved
			 as cottage food products:
(1) Non-potentially
			 hazardous bakery products;
(2)
			 Jams;
(3) Jellies;
(4) Candy, not
			 including fresh fruit dipped, covered, or otherwise incorporated with
			 candy;
(5)
									Flavored honey which has been produced by a beekeeper
			 exempt under division (A) of section
			 3715.021 of the Revised
			 Code;
(6)
									Fruit chutneys;
(7) Fruit
			 butters;
(8) Granola, granola bars, granola bars dipped in
			 candy , if fruit is used in any of these products it
			 must be commercially dried;
(9)
									Maple sugar
			 produced by a maple syrup producer exempt under division (A) of section
			 3715.021 of the Revised
			 Code;
(10) Popcorn, flavored popcorn, kettle corn, popcorn
			 balls, caramel corn , not including popping
			 corn;
(11) Unfilled
			 baked donuts;
(12) Waffle cones and waffle
			 cones dipped in candy;
(13)
			 Pizzelles;
(14) Dry cereal and nut snack mixes with
			 seasonings;
(15) Roasted coffee, whole beans or ground;
(16)
			 Dry baking mixes in a jar, including cookie mix in a jar;
(17)
			 Dry herbs and herb blends;
(18)
									Dry soup mixes containing commercially dried
			 vegetables, beans, grains, and seasonings;
(19) Dry seasoning
			 blends; and
(20) Dry tea blends.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-20 - Cottage Food Production › Section 901:3-20-05 - Prohibitions

Current through all regulations passed and filed through July 1, 2024
A cottage food operation may not do any
				of the following:
(A) Process
			 potentially hazardous foods;
(B)
			 Process acidified and low acid canned food;
(C) Offer for sale adulterated or misbranded
			 food;
(D) Refuse the taking of
			 samples as authorized by rule
			 901:3-20-03
			 of the Administrative Code;
(E)
			 Produce food items not expressly listed in paragraph (A) of rule
			 901:3-20-04
			 of the Administrative Code; or
(F)
								
								Sell cottage food products outside the state of
			 Ohio.
Effective: 1/22/2016
Five Year Review
				(FYR) Dates: 11/05/2015 and
				01/22/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3715.025
Rule
				Amplifies: 3715.025
Prior
				Effective Dates: 6/22/2009
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-21 - Food Processing Establishments › Section 901:3-21-01 - Registration and fees

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to section
			 3715.041 of the Revised Code,
			 the director shall administer the applicable provisions of Chapter 901:3-21 of
			 the Administrative Code to food processing establishments as defined in section
			 3715.021 of the Revised
			 Code.
(B) Registration:
(1) A food processing establishment
			 that is currently inspected by the
			 Ohio department of agriculture
									 and
			 has not been put on
			 notice pursuant to section
			 913.41 of the Revised Code
									 will receive the application of
			 registration automatically from the Ohio department of
			 agriculture.
			 The application must be returned to the Ohio department
			 of agriculture and postmarked on or before the thirty-first of January
			 in order to be considered timely.
(2) A new food processing establishment (a
			 firm not actively inspected by the division of food safety) shall be inspected
			 to determine if the firm is in compliance with this chapter and Chapter
			  925. of the Revised
			 Code 
									and all applicable rules adopted under those
			 chapters. Upon inspection the firm will be given an application of registration
			 if the firm is determined to be in compliance with applicable statutes and
			 rules.
(3) A food processing
			 establishment currently inspected by the Ohio
			 department of agriculture
									 and on notice pursuant to section
			 913.41 of the Revised Code
			 must come into
									 compliance before an application for registration is
			 provided.