Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-6 - Farm Markets and Auctions › Section 901:3-6-01 - Authority of the director of agriculture; Definitions

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to section
			 3717.221 of the Revised Code,
			 the director shall administer the applicable provisions of Chapter 901:3-6 of
			 the Administrative Code to farm markets and farm product auctions that have
			 registered with the Ohio department of agriculture. A farm market,
			 or farm product auction may register with the Ohio
			 department of agriculture on a form prescribed by the director which can be
			 found at
https://agri.ohio.gov/divisions/food-safety/resources/farm-market
.
Unregistered farm markets
									and unregistered farm product auctionswill be
				 regulated pursuant to Chapter
				3717. of the Revised Code as a retail food establishment or a food service
				operation.
(B) Definitions:
As used in Chapter 901:3-6 of the Administrative Code:
(1) "Adulterated" has the meaning stated in
			 section 3715.59 of the Revised
			 Code.
(2) "C.F.R." means code of
			 federal regulations.
(3) "Cottage
			 food production operation" as defined in section
			 3715.01 of the Revised
			 Code.
(4) "Director" means the
			 director of the Ohio department of agriculture or designee.
(5) "Registered
									farm
			 market" means a producer operated facility where only the following food items
			 may be offered for sale:
(a) Fresh unprocessed fruits or
			 vegetables;
(b) Products of a
			 cottage food production operation;
(c)
										Tree syrup,
			 sorghum, apple syrup, apple butter or honey that
			 is produced by a processor or beekeeper described
			 in division (A) of section
			 3715.021 of the Revised
			 Code;
(d) Commercially prepackaged
			 food that is not potentially hazardous, on the condition that the food is
			 contained in displays, the total space of which equals less than one hundred
			 cubic feet  at the farm market;
(e) Cider and other juices manufactured on
			 site at the farm market;
(f) Raw
			 eggs, raw poultry, and raw non amenable meat on the condition that those
			 products were produced in accordance with divisions
			 (B)(8) to (B)(10) of section 3717.22 of the Revised Code.
(6) "Farmers' market" means a
			 location where producers congregate to offer food items for sale.
(7) "Registered
									farm product
			 auction" means a location where only one or more of the following products are
			 offered for sale at auction:
(a) Raw eggs, raw
			 poultry, or raw non amenable meat
			  on the condition that those
			 products were produced in accordance with divisions (B)(8) to (B)(10) of
			 section 3717.22 of the Revised
			 Code.
(b) Fresh unprocessed fruits
			 or vegetables;
(c) Products of a
			 cottage food production operation;
(d)
										Tree syrup,
			 sorghum, apple syrup, apple butter or honey that
			 is produced by a processor or beekeeper described
			 in division (A) of section
			 3715.021 of the Revised
			 Code.
(8) "Home" has the
			 meaning stated in section
			 3715.01 of the Revised
			 Code.
(9) "Misbranded
			 Food" has the meaning stated in section
			 3715.60 of the Revised
			 Code.
(10) "Non amenable meat" means any species other than
			 cattle, sheep, swine, goats, horses, mules, other equines, ratites (emu, rhea,
			 and ostrich), and domesticated poultry (turkey, chicken, ducks, geese, and
			 guinea fowl). Examples of non amenable
			 species includes farm raised mammals such as bison, rabbit, and deer.
(11)
			 "Potentially hazardous food" has the meaning stated in division (A)(18) of
			 section 3715.01 of the Revised
			 Code.
(12) "Producer" means
			 a person who raises agricultural products on land the person owns or leases by
			 themselves.
(13) "Egg" means the
			 shell egg of avian species such as chicken, duck, goose, guinea, quail,
			 ratites, or turkey. It does not include a balut, the egg of reptile species
			 such as alligator; or an egg product.