reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 901:1 - Animal Industry › Chapter 901:1-23 - Livestock Marketing › Section 901:1-23-02 - Movement of swine from livestock auction markets and livestock concentration markets

Current through all regulations passed and filed through July 1, 2024
(A) Swine over two hundred pounds:
(1) No person shall release or move any swine
			 weighing over two hundred pounds from a livestock auction market or livestock
			 concentration market unless:
(a) The swine
			 are moved for immediate slaughter; or
(b) The swine are moved for breeding purposes
			 and comply with all of the following:
(i)
			 Originate immediately and directly from a qualified pseudorabies negative herd;
(ii) Originate from an Ohio county
			 that is stage IV status or higher; or
(iii) Be accompanied to the market with
			 evidence of a negative pseudorabies test which was conducted within forty-five
			 days of the date of arrival at the market; and
(iv) Have received veterinary inspection and
			 have been identified as prescribed by the department; and
(v) The swine are moved directly from the
			 market to their point of final destination.
Ohio Administrative Code › Title 901:1 - Animal Industry › Chapter 901:1-23 - Livestock Marketing › Section 901:1-23-03 - Movement of swine into livestock auction markets and livestock concentration markets

Current through all regulations passed and filed through July 1, 2024
(A) No person shall move or cause to be moved
			 into either an Ohio livestock auction market or livestock concentration market
			 when these markets are designated under 9 CFR 71 to handle any class of swine,
			 a sow or boar originating from a livestock auction market, livestock
			 concentration market, or a livestock slaughter assembly market in a state with
			 a pseudorabies status of stage IV or lower.
(B) No person shall move or cause to be moved
			 feral swine into any Ohio livestock auction market or livestock concentration
			 market.
Ohio Administrative Code › Title 901:1 - Animal Industry › Chapter 901:1-24 - Voluntary Animal Damage Control Plan › Section 901:1-24-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) A "Voluntary
			 animal damage control plan" means an integrated wildlife damage management plan
			 (IWDMP).
(B) "ODNR" means the Ohio
			 department of natural resources.
(C) "USDA, APHIS-WS" means the United States
			 department of agriculture, animal and plant health inspection service-wildlife
			 services.
(D) An "agreement" means
			 the integrated wildlife damage management plan completed on the form provided
			 by the department of agriculture.
Replaces: HB 95 ACTS 2006 eff. 9/26/03
R.C. 119.032 review dates:
				07/12/2011 and
				07/12/2016
Promulgated
				Under: 119.03
Statutory Authority: 955.52
Rule Amplifies:
				955.51, 955.52, 955.53
Prior Effective Dates: 150 v S 202 eff.
				4/15/05, 07/17/2006
Ohio Administrative Code › Title 901:1 - Animal Industry › Chapter 901:1-24 - Voluntary Animal Damage Control Plan › Section 901:1-24-02 - Voluntary animal damage control plan

Current through all regulations passed and filed through July 1, 2024
(A) A voluntary animal damage control plan
			 shall include, but is not limited to:
(1)
			 Cultural practices such as animal husbandry.
(2) Exclusion devices, fencing and other
			 habitat modification.
(3) Animal
			 behavior modification.
(4) Removal
			 of offending animals.
(5) Local
			 predator population reduction.
Ohio Administrative Code › Title 901:1 - Animal Industry › Chapter 901:1-24 - Voluntary Animal Damage Control Plan › Section 901:1-24-03 - Payment of predator claims

Current through all regulations passed and filed through July 1, 2024
Pursuant to division (A)(1) of section
				955.52 of the Revised Code, the
				department of agriculture shall hear and pay only those claims that have been
				approved by the dog warden and that are supported by the wildlife officer. Any
				claims that are submitted and not supported by the dog warden and the wildlife
				officer will be denied and shall not be subject to a hearing.
R.C. 119.032 review dates:
				07/12/2011 and
				07/12/2016
Promulgated
				Under: 119.03
Statutory Authority: 955.52
Rule Amplifies:
				955.52, 955.53
Prior Effective Dates: 10/11/2006
Ohio Administrative Code › Title 901:1 - Animal Industry › Chapter 901:1-25 - Livestock Brands › Section 901:1-25-01 - Procedures for recording livestock brands

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this
			 chapter of the Administrative code:
(1)
									"Brand" means a distinctive design, mark of
			 identification, or number that is applied to the hide of livestock by a hot
			 iron or other humane method approved by the director of the Ohio department of
			 agriculture.
(2)
									"Department" means the Ohio department of
			 agriculture.
(3)
									"Director" means the director of the Ohio department of
			 agriculture.
(4)
									"U.S.D.A." means the United States department of
			 agriculture.
Ohio Administrative Code › Title 901:1 - Animal Industry › Chapter 901:1-25 - Livestock Brands › Section 901:1-25-02 - Fees for registration of brands

Current through all regulations passed and filed through July 1, 2024
There is hereby established a fee
				of:
(A) Twenty-five dollars for each
			 recorded brand;
(B)
								Twenty-five dollars for each renewal recorded
			 brand;
(C) Twenty-five dollars for each
			 
								re-recording of a brand;
(D) Ten dollars for
			 the recording of instruments transferring ownership of brands; and
(E)
			 Five dollars for each additional certificate 
								of recordation or
			 re-recording of brands.
Ohio Administrative Code › Title 901:1 - Animal Industry › Chapter 901:1-25 - Livestock Brands › Section 901:1-25-04 - Notification of changes required

Current through all regulations passed and filed through July 1, 2024
The owner of a recorded livestock brand shall
				immediately give written notice to the director  upon the occurrence of any of the following:
(A) Change in ownership of a recorded
			 brand;
(B) Change in name under
			 which a brand is recorded; and
(C)
			 Change in address of the owner of a recorded brand.
Ohio Administrative Code › Title 901:1 - Animal Industry › Chapter 901:1-25 - Livestock Brands › Section 901:1-25-05 - Notification of loss

Current through all regulations passed and filed through July 1, 2024
In the event of loss of any livestock due to theft or suspected
				theft, the owner of a recorded livestock brand shall immediately
				contact the department and shall also notify the sheriff's
				office in the county in which the loss occurred.
Ohio Administrative Code › Title 901:1 - Animal Industry › Chapter 901:1-25 - Livestock Brands › Section 901:1-25-06 - Brands exclusive to state of Ohio and U.S.D.A

Current through all regulations passed and filed through July 1, 2024
The 
								department and U.S.D.A. reserve the right to
				exclusive use of the following brands for disease control.
(A) For equine infectious
			 anemia positive  livestock to be
			 moved interstate, the identification shall be in accordance with this format.
"## - A - ####"
(1)
			 The first two numbers will be assigned by the U.S.D.A.
(2) The letter will be the
			 equine
			 infectious anemia identifier.
(3) The final four numbers are department
			 
									identification numbers.
This will be freeze branded or tattooed.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-1 - Uniform State Meat Inspection Service › Section 901:2-1-01 - Uniform state meat inspection service - intrastate production

Current through all regulations passed and filed through July 1, 2024
The federal meat inspection regulations housed in Title 9 of
				the Code of Federal Regulations parts 300 to 442 (2022) adopted
				pursuant to the Federal Meat Inspection Act (34 Stat. 1260) as amended by the
				Wholesome Meat Act (81 Stat. 584, 21 U.S.C. Supp., Section 601 et seq.) are
				adopted in their entirety with the exception of those provisions amended or
				deleted by this chapter.
The purpose of this chapter is to regulate the production of
				meat food products as  defined in
				9 C.F.R.
				301.2.
All violations of this chapter are governed pursuant to Chapter
				901:2-2 of the Administrative Code.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-1 - Uniform State Meat Inspection Service › Section 901:2-1-02 - Amended definitions

Current through all regulations passed and filed through July 1, 2024
As adopted in rule 901:2-1-01 of  the Administrative Code, where ever used in 9 C.F.R. parts 300 to 442, the
				following definitions are modified as follows:
(A) "Administrator" shall be read as
			 "chief."
(B) "Circuit Supervisor"
			 shall be read as "district supervisor and/or regional veterinarian."
(C) "Food safety and inspection service" or
			 "FSIS" "shall be read as the "division of meat inspection."
(D) "Secretary" or "secretary of agriculture"
			 shall be read as "director of the Ohio department of agriculture."
(E) "United States department of agriculture"
			 or "department" shall be read as "Ohio department of agriculture."
(F) "U.S. condemned" shall be read as "Ohio
			 condemned."
(G) "U.S. inspected and
			 condemned" shall be read as "Ohio inspected and condemned."
(H) "U.S. inspected and passed" shall be read
			 as "Ohio inspected and passed."
(I)
			 "U.S. inspected and passed by department of agriculture" shall be read as "Ohio
			 inspected and passed by department of agriculture."
(J) "U.S. passed for cooking" shall be read
			 as "Ohio passed for cooking."
(K)
			 "U.S. passed for refrigeration" shall be read as "Ohio passed for
			 refrigeration."
(L) "U.S. retained"
			 shall be read as "Ohio retained."
(M) "U.S. suspect" shall be read as "Ohio
			 suspect."
Replaces: 901:2-6-02
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-1 - Uniform State Meat Inspection Service › Section 901:2-1-03 - Deleted regulations

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule 901:2-1-01 of  the Administrative Code, the following
				sections of the federal meat
				inspection regulations are deleted in their
				entirety and shall not become rules of the Ohio department of
				agriculture:
(A) From   9 C.F.R. Part 300, the following paragraphs are hereby not adopted:
(1)
									9 C.F.R. 300.2(b)(3);
(2)
									9 C.F.R. 300.2(b)(5);
(3)
									9 C.F.R. 300.2(b)(7);
(4)
									9 C.F.R. 300.4(b); and
(5)
									9 C.F.R. 300.6(a)(2).
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-1 - Uniform State Meat Inspection Service › Section 901:2-1-04 - Amendments

Current through all regulations passed and filed through July 1, 2024
The following sections of   9 C.F.R. part 300 to  9  C.F.R. part 442 are amended to read as follows:
(A)
								9 C.F.R. Part 300  is hereby amended as follows:
(1)
									In
			  9 C.F.R. 300.3(a)  delete existing
			 language and insert:
"The organization of the division of
				meat inspection reflects the agency's primary regulatory responsibilities:
				implementation of the Federal Meat Inspection Act (FMIA) and the Poultry
				Products Inspection Act (PPIA) as adopted by reference, amended and modified.
				The division of meat inspection implements the inspection provisions of the
				FMIA and PPIA through its field structure."
(2)
									In
			  9 C.F.R. 300.3(b)  delete existing
			 language and insert:
"For more information regarding the
				Department please visit
www.agri.ohio.gov
."
(3)
									In  9 C.F.R. Part 300.4(a)  amend the definition of "Inspection program, inspection service, or
			 program" to read as:
"The organizational unit within the
				Department with responsibility for carrying out the FMIA, the PPIA, and chapter
				918 of the Ohio Revised Code."
(4)
									In  9 C.F.R. Part 300.4(a)  amend the definition of "Inspector" to read as:
"Inspector of the inspection program.
				("Inspector" includes an employee or official of the Ohio department of
				agriculture, division of meat inspection who is authorized by the director to
				inspect meat and meat products or poultry and poultry products under the FMIA
				or the PPIA, respectively, under an agreement entered unto between United
				States department of agriculture and the state of Ohio."
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-1 - Uniform State Meat Inspection Service › Section 901:2-1-05 - Exemptions based on religious dietary laws

Current through all regulations passed and filed through July 1, 2024
(A) Any person who slaughters, processes, or
			 otherwise handles cattle, sheep, swine, or goats which have been or are to be
			 processed as required by recognized religious dietary laws may apply for
			 exemption from specific provisions of the act or regulations which are in
			 conflict with such religious dietary laws. Any person desiring such an
			 exemption shall:
(1) Apply in writing to the
			 Ohio department of agriculture, meat and poultry inspection division,
			 Reynoldsburg, Ohio 43068 setting forth the specific provisions of the act and
			 the regulations from which exemption is sought;
(2) Set forth the provisions of the religious
			 dietary laws in support of the requested exemption; and
(3) Submit a statement from the clerical
			 official having jurisdiction over the enforcement of the religious dietary laws
			 with respect to the cattle, sheep, swine or goats involved, which identifies
			 the requirements of such laws pertaining to the slaughter of the livestock and
			 the processing or other handling of the meat and meat food products involved,
			 and certifies that such requirements are in conflict with specific provisions
			 of the act and regulations from which the exemption is sought.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-2 - Progressive Enforcement Actions Meat Processing Violations › Section 901:2-2-01 - Scope and purpose

Current through all regulations passed and filed through July 1, 2024
The purpose of Chapter 901:2-2 of the Administrative Code is to
				implement the progressive enforcement actions provided for in division (D) of
				section 918.08 and division (C) of
				section 918.28 of the Revised
				Code.
Title 9 of the Code of Federal Regulations parts 500.1
				to 500.8
				(2022)
				are hereby adopted in their entirety with the exception of those provisions
				amended or deleted by this chapter.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-2 - Progressive Enforcement Actions Meat Processing Violations › Section 901:2-2-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:2-2-01 of the
				Administrative Code, 9 C.F.R.
				500.1 shall read as follows:
(A) "C.F.R." means the Code of Federal
			 Regulations .
(B) "Department"
			 means the Ohio department of agriculture.
(C) "HACCP" means hazard analysis and
			 critical control point.
(D)
			 "Program employee" means any employee of the department.
(E) "Progressive enforcement action" means
			 regulatory control action, withholding action, and suspension as defined in
			 this rule.
(F) "Regulatory control
			 action'' means the retention of product, rejection of equipment or facilities,
			 slowing or stopping of lines, or refusal to allow the processing of
			 specifically identified product.
(G) "SSOP" means sanitation standard
			 operating procedures.
(H)
			 "Suspension'' means an interruption in the assignment of program employees to
			 either all or part of an establishment.
(I) "Withholding action'' means the refusal
			 to allow the marks of inspection to be applied to either all product in an
			 establishment or product produced by a particular process.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-2 - Progressive Enforcement Actions Meat Processing Violations › Section 901:2-2-03 - Regulatory control action

Current through all regulations passed and filed through July 1, 2024
Pursuant to 901:2-2-01 of the Administrative Code,
				9 C.F.R.
				500.2 shall be read as follows:
(A) The department may take regulatory
			 control action without prior notification if any of the following are present
			 or occur in an establishment:
(1) Insanitary
			 conditions or practices;
(2)
			 Product adulteration or misbranding;
(3) Conditions that preclude the department
			 from determining that product is not either adulterated or misbranded;
			 or
(4) Inhumane handling or
			 slaughtering of livestock.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-2 - Progressive Enforcement Actions Meat Processing Violations › Section 901:2-2-04 - Withholding action or suspension

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:2-2-01 of the
				Administrative Code, 9 C.F.R.
				500.3 and
				9 C.F.R.
				500.4 shall be read as follows:
(A) The department may take a withholding
			 action or impose a suspension without providing the establishment prior written
			 notification when any of the following occur:
(1) The establishment produced or shipped
			 adulterated or misbranded product as defined in section
			 918.01 of the Revised
			 Code;
(2) The establishment does
			 not have a HACCP plan that complies with the requirements of
			 9 C.F.R.
			 417.2;
(3) The establishment does not have an SSOP
			 as required in 9 C.F.R.
			 416.11 to
			 9 C.F.R.
			 416.12;
(4) Sanitary conditions are such that
			 products in the establishment are or may be rendered adulterated;
(5) The establishment violated the terms of a
			 regulatory control action;
(6) An
			 establishment operator, officer, employee, or agent assaulted, threatened to
			 assault, intimidated, or interfered with a department employee;
(7) The establishment did not destroy a
			 condemned meat or poultry carcass, or part or product thereof,
			 that has been found to be adulterated in
			 accordance with either 9
			 C.F.R. 314 or
			 9 C.F.R.
			 381, subpart L, within three days of
			 notification; or
(8) The
			 establishment handled or slaughtered animals in an inhumane manner as defined
			 in 9 C.F.R.
			 301.2.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-2 - Progressive Enforcement Actions Meat Processing Violations › Section 901:2-2-05 - Notification, appeals, and actions held in abeyance

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:2-2-01 of the
				Administrative Code, 9 C.F.R.
				500.5 shall be read as follows:
(A) Whenever the department takes a
			 withholding action or imposes a suspension without prior notification as
			 provided for in paragraph (A) of rule
			 901:2-2-04 of the
			 Administrative Code, the establishment shall promptly receive a written notice:
(1) Stating the effective date of the
			 action;
(2) Describing the reasons
			 for the action;
(3) Identifying the
			 products or processes affected by the action;
(4)
									Providing the
			 establishment an opportunity to present immediate and corrective action and
			 further planned preventive action; and
(5) Advising the establishment that it may
			 appeal the action in accordance with division (D) of section
			 918.08 or division (C) of
			 section 918.28 of the Revised
			 Code.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-2 - Progressive Enforcement Actions Meat Processing Violations › Section 901:2-2-06 - Withdrawal of inspection

Current through all regulations passed and filed through July 1, 2024
Pursuant to 901:2-2-01 of the Administrative Code,
				9 C.F.R.
				500.6 shall be read as follows:
(A) The department, in accordance with
			 Chapter 119. of the Revised Code, may revoke an inspection license from an
			 establishment when it finds:
(1) An
			 establishment produced and shipped adulterated product;
(2) An establishment did not have or maintain
			 a HACCP plan in accordance with
			 9 C.F.R.
			 417;
(3) An establishment did not have or maintain
			 an SSOP in accordance with 9
			 C.F.R. 416;
(4) An establishment did not maintain
			 sanitary conditions;
(5) An
			 establishment did not collect and analyze samples for
			 Escherichia coli biotype 1 and record results as
			 prescribed in either 9 C.F.R.
			 310.25(a) or
			 9 C.F.R.
			 381.94(a);
(6) An establishment
			 handled or slaughtered animals in an inhumane manner as defined in
			 9 C.F.R.
			 301.2;
(7)
			 An establishment operator, officer, employee, or agent assaulted, threatened to
			 assault, intimidated, or interfered with a department employee; or
(8) A
			 recipient of inspection or anyone responsibly connected to the recipient is
			 unfit to engage in any business requiring inspection as specified in paragraph
			 (B) of rule
			 901:2-2-07 of the
			 Administrative Code.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-2 - Progressive Enforcement Actions Meat Processing Violations › Section 901:2-2-07 - Refusal to grant inspection

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule
				901:2-2-01 of the
				Administrative Code, 9 C.F.R.
				500.7 shall read as follows:
(A) The department may refuse to grant
			 inspection because an applicant :
(1) Does not have a HACCP plan as required by
			 9 C.F.R.
			 417;
(2) Has not developed an SSOP as required by
			 9 C.F.R.
			 416 or a written recall procedure as required
			 in 9 C.F.R.
			 418;
(3) Has not demonstrated that adequate
			 sanitary conditions exist in the establishment as required by
			 9 C.F.R.
			 416;
(4) Has not demonstrated that livestock will
			 be handled and slaughtered humanely as defined in
			 9 C.F.R.
			 301.2 or
			 9 C.F.R.
			 313; or
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-2 - Progressive Enforcement Actions Meat Processing Violations › Section 901:2-2-08 - Procedures for rescinding or refusing approval of marks, labels, and containers

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule 901:2-2-01 of  the Administrative Code, 9 C.F.R. 500.8  shall be read as
				follows:
(A) The
			 
								department may rescind or refuse approval of false or
			 misleading marks, labels, or sizes or forms of any container for use with any
			 meat or poultry product.
(B) The
			 department will provide written notification that:
(1) Explains the reason for rescinding or
			 refusing the approval;
(2) Provides
			 an opportunity for the establishment to modify the marking, labeling, or
			 container so that it will no longer be false or misleading; and
(3) Advises the establishment of its
			 opportunity to submit a written statement to respond to the notification and to
			 request a hearing.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-3 - Ohio Poultry Inspection Service › Section 901:2-3-01 - Ohio poultry inspection service

Current through all regulations passed and filed through July 1, 2024
The  federal
				regulations governing the inspection of poultry and poultry products
				in title 9 of the Code of Federal Regulations parts 362
				to 442
								 adopted pursuant to the
				Poultry Inspection Act (P.P.I.A.) as amended  by the Wholesome Poultry Products Act, 82 Stat.
				791;
				 21 U.S.C. 451  et seq. are hereby adopted in their entirety with the exception of those provisions amended or
				deleted by by this
				chapter.
The purpose of this chapter is to
				regulate the production of polutry and poultry products as they are defined in
				 9 C.F.R. 381.1.
All violations of this chapter are
				governed pursuant to Chapter 901:2-2 of the Administrative Code.
Replaces: 901:2-7-01
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-3 - Ohio Poultry Inspection Service › Section 901:2-3-02 - Amended definitions

Current through all regulations passed and filed through July 1, 2024
As adopted in rule 901:2-3-01 of  the Administrative Code, where ever used in 9 C.F.R. parts 362 to 442, the following definitions are modified as follows:
(A) "Act" means
			  the Poultry Products Inspection Act
			 , as amended by the Wholesome
			 Poultry Products Act, 82 Stat. 791;
			  21 U.S.C. 451  et seq.
								as amended by this
			 chapter
								.
(B) "Administrator" shall
			 be read as
			 "chief."
(C)
								"Circuit" shall be read as "district."
(D)
								"Circuit
			 Supervisor" shall be read as "district supervisor and/or regional
			 veterinarian."
(E)
								"Food safety and inspection service" or "FSIS" shall be
			 read as "the Ohio department of agriculture, division of meat
			 inspection."
(F)
								" Volunteer" means
			 an individual who has agreed (free of charge) to assist, without compensation,
			 a non-profit entity, corporation, and/or association, a political subdivision,
			 school, or any other state or government agency acting as a caterer or central
			 kitchen as those entities are defined in Title  9 CFR, Part 381.10(d)(2)(i)
								. The caterer or central kitchen shall
			 exercise direct supervision of the volunteers and then training as that term is
			 described in rule 3717-1-02.4 
			 of the Administrative Code.
Training for the purpose of volunteer definition in
				 rule 901:2-3-04 of  the Administrative Code is instruction provided by caterer or central kitchen in the area of food safety as it relates to their assigned duties, effective and proper hand cleaning, proper cooking techniques, proper methods to rapidly cool potentially hazardous food, proper procedures to sanitize multiuse equipment and utensils before use, and methods to prevent cross-contamination of "ready-to-eat" foods with bare hands.
(G)
								"Secretary" or
			 "secretary of agriculture" shall be read as "director of the Ohio department of
			 agriculture."
(H)
								"United States department of agriculture" or
			 "department" shall be read as "Ohio department of agriculture."
(I)
								"U.S. condemned"
			 shall be read as "Ohio condemned."
(J)
								"U.S. inspected
			 and condemned" shall be read as "Ohio inspected and condemned."
(K)
								"U.S. inspected
			 and passed" shall be read as "Ohio inspected and passed."
(L)
								"U.S. inspected
			 and passed by department of agriculture" shall be read as "Ohio inspected and
			 passed by department of agriculture."
(M)
								"U.S. passed for
			 cooking" shall be read as "Ohio passed for cooking."
(N)
								"U.S. passed for
			 refrigeration" shall be read as "Ohio passed for
			 refrigeration."
(O)
								"U.S. retained" shall be read as "Ohio
			 retained."
(P)
								"U.S. suspect" shall be read as "Ohio suspect."
Replaces: 901:2-3-02, 901:2-7-02
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-3 - Ohio Poultry Inspection Service › Section 901:2-3-03 - Deleted regulations

Current through all regulations passed and filed through July 1, 2024
Pursuant to rule 901:2-3-01 of  the Administrative Code, the following sections of the federal poultry products inspection regulations shall be deleted and shall not become rules of the Ohio department of agriculture:
(A)
								From   9 C.F.R. part 381, the following sections and
			 paragraphs are not adopted:
(1)
									
										9 C.F.R. part 381.10(a)(2);
(2)
									
										9 C.F.R. part 381.12;
(3)
									
										9 C.F.R. part 381.103;
(4)
									
										9 C.F.R. part 381.104;
(5)
									
										9 C.F.R. part 381.105;
(6)
									
										9 C.F.R. part 381.106;
(7)
									
										9 C.F.R. part 381.107;
(8)
									
										9 C.F.R. part 381.185;
(9)
									9 C.F.R. parts  381.195  through  381.209;
			 and
(10)
									9 C.F.R. parts  381.220  through  381.225.
Ohio Administrative Code › Title 901:2 - Meat Inspection › Chapter 901:2-3 - Ohio Poultry Inspection Service › Section 901:2-3-04 - Modifications

Current through all regulations passed and filed through July 1, 2024
The following sections of 9 C.F.R.
				parts 362 to 442 amended to read as follows:
(A)
								9 C.F.R. part 362  is hereby amended as follows:
(1)
									In
			  9 C.F.R. 362.3  delete existing language and
			 insert:
"Any person who desires to receive
				service under the regulations in this part for poultry or other product
				eligible therefor under such regulations may make application for service to
				the director, upon an application form which will be furnished by the director
				upon request to the Ohio department of agriculture, division of meat
				inspection, Reynoldsburg, Ohio 43068. The application must include all the
				information called for by that form. The operation must meet the regulatory
				requirements for 416, 417, and 418 prior to producing product for distribution.
				In case of a change of name, ownership, management, or location, a new
				application shall be made."
(2)
									In
			  9 C.F.R. 362.5(b)  delete existing
			 language and insert:
"The fees and charges provided for in
				this section shall be paid by check, credit card, or money order payable to the
				Ohio department of agriculture and shall be remitted promptly upon furnishing
				to the applicant a statement as to the amount due. Funds will be deposited in
				accordance with section
				 918.15 
				of the Revised Code. Bills are payable upon receipt and become delinquent 30
				days from the date of the bill. Inspection services will not be performed for
				anyone having a delinquent account."
(3)
									In
			  9 C.F.R. 362.5(c)  delete existing
			 language and insert:
"The fees shall be billed as provided
				for in this part at the rate established in paragraph (e) of this part, in
				increments of tens of an hour. For billing purposes, one to six minutes shall
				be considered a tenth of an hour. Seven to 12 minutes, two tenths, 13 to 18
				minutes, three tenths, 19 to 24 minutes, four tenths, 25 to 30 minutes, five
				tenths, 31 to 36 minutes, six tenths, 37 to 42 minutes, seven tenths, 43 to 48
				minutes, eight tenths, 49 to 54 minutes, nine tenths and 55 to 60 minutes, one
				hour. Billing will be for each tenth of an hour of service rendered by each
				program employee."
(4)
									In
			  9 C.F.R. 362.5,
			 insert paragraph
			  9 C.F.R. 362.5(e):
"The base time rate is set at $  15.04 
				per hour. After eight hours of inspection and on holidays, the overtime and
				holiday rate for inspection services provided pursuant to   9 C.F.R part 362  is $
				 46.80  per hour per program employee."
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-1 - Food Processing Manufacturing Practices, Standards of Identity, and Labeling Requirements › Section 901:3-1-11 - Food labeling

Current through all regulations passed and filed through July 1, 2024
(A)
								All food processing
			 establishments shall utilize and apply the generally recognized federal
			 standards for food labeling in 21 C.F.R. Part 101 (2023).
								Cottage food production operations and
			 exempt processors as described in division (A) of section
			 3715.021 of the Revised Code
			 shall comply with the requirements in section
			 3715.023 of the Revised Code and
			 utilize and apply 21 C.F.R. part 101 (2023) when nutritional labeling is
			 required.
(B)
								An exempt processor of tree syrup or sorghum, or a beekeeper
			 who jars honey as described in division (A)
			 of section 3715.021 of the Revised Code
			 that produces, processes, or manufactures maple syrup, honey, or sorghum and is
			 in compliance with 
								Chapter 901:3-46 of the Administrative Code may
			 place the director's seal of conformity and inspection on their
			 container.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-1 - Food Processing Manufacturing Practices, Standards of Identity, and Labeling Requirements › Section 901:3-1-12 - Standards of identity

Current through all regulations passed and filed through July 1, 2024
Foods processed in a food processing establishment shall meet
				the generally recognized federal standards of identity specified in 21 C.F.R.
				Parts 100 through 169 
								(2023) as follows:
(A) 21 C.F.R. Part 100.155, salt and iodized
			 salt;
(B) 21 C.F.R. Part 102,
			 common or usual name for non-standardized foods;
(C) 21 C.F.R. Part 131, milk and
			 cream;
(D) 21 C.F.R. Part 133,
			 cheeses and related cheese products;
(E) 21 C.F.R. Part 135, frozen
			 desserts;
(F) 21 C.F.R. Part 136,
			 bakery products;
(G) 21 C.F.R. Part
			 137, cereal flours and related products;
(H) 21 C.F.R. Part 139, macaroni and noodle
			 products;
(I) 21 C.F.R. Part 145,
			 canned fruits;
(J) 21 C.F.R. Part
			 146, canned fruit juices;
(K) 21
			 C.F.R. Part 150, fruit butters, jellies, preserves, and related
			 products;
(L) 21 C.F.R. Part 152,
			 fruit pies;
(M) 21 C.F.R. Part 155,
			 canned vegetables;
(N) 21 C.F.R.
			 Part 156, vegetable juices;
(O) 21
			 C.F.R. Part 158, frozen vegetables;
(P) 21 C.F.R. Part 160, eggs and egg
			 products;
(Q) 21 C.F.R. Part 161,
			 fish and shellfish;
(R) 21 C.F.R.
			 Part 163, cacao products;
(S) 21
			 C.F.R. Part 164, tree nut and peanut products;
(T) 21 C.F.R. Part 165,
			  beverages;
(U) 21 C.F.R. Part 166, margarine;
(V) 21 C.F.R. Part 168, sweeteners and table
			 sirups; and
(W) 21 C.F.R. Part 169,
			 food dressings and flavorings;
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-1 - Food Processing Manufacturing Practices, Standards of Identity, and Labeling Requirements › Section 901:3-1-13 - Food coloring

Current through all regulations passed and filed through July 1, 2024
All food products shall conform to the
				following requirements regarding the use of color additives:
(A)
								21 C.F.R. Part 73
			 (2016)
(B)
								21 C.F.R. Part 74 (2016)
(C)
								21 C.F.R. Part 81
			 (2016)
(D)
								21 C.F.R. Part 82 (2016)
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-1 - Food Processing Manufacturing Practices, Standards of Identity, and Labeling Requirements › Section 901:3-1-14 - Food nutritional labeling

Current through all regulations passed and filed through July 1, 2024
(A)
								All food service
			 operations and retail food establishments, as defined in section
			 3717.01 of the Revised Code,
			 shall comply with the nutritional labeling standards as outlined in
			 21 C.F.R.
			 101.11 and
			 21 C.F.R.
			 101.8 (2023), as applicable, except the rule
			 does not apply to mobile or temporary food service operations and mobile or
			 temporary retail food establishments.
(B)
								If the director
			 or the director's designee finds that a person is operating a food service
			 operation or retail food establishment in violation of the standards adopted in
			 paragraph (A) of this rule, the director or the director's designee shall issue
			 a letter of warning to the person giving the person thirty days to come into
			 compliance. If the person fails to come into compliance within the thirty-day
			 time period, the director may assess a civil penalty against the person. If the
			 director assesses a civil penalty, the director shall do so as follows:
(1)
									If, within five
			 years of the issuance of the letter of warning to the person, the director has
			 not previously assessed a civil penalty against the person under this section,
			 in an amount not exceeding five hundred dollars.
(2)
									If, within five
			 years of the issuance of the letter of warning to the person, the director has
			 previously assessed one civil penalty against the person under this section, in
			 an amount not exceeding one thousand five hundred dollars.
(3)
									If, within five
			 years of the issuance of the letter of warning to the person, the director has
			 previously assessed two or more civil penalties against the person under this
			 section, in an amount not exceeding five thousand dollars.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-1 - Food Processing Manufacturing Practices, Standards of Identity, and Labeling Requirements › Section 901:3-1-15 - Nutrition labeling of restaurant foods

Current through all regulations passed and filed through July 1, 2024
Retail food establishments and food
				service operations as defined in section
				3717.01 of the Revised Code
				shall comply with the nutrition labeling of restaurant foods as outlined in
				21 C.F.R.
				101.10 (2023), as applicable.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Certified in food protection" means an
			 individual has met the certification requirements pursuant to Chapter 3717. of
			 the Revised Code.
(B) "Director"
			 means the director of Ohio department of
			 agriculture or an authorized designee of the director.
(C) "Misbranded" as defined in section
			 3715.60 of the Revised
			 Code.
(D) "Noncommercial retail
			 food establishment" means a retail food establishment as described in Chapter
			 3717. of the Revised Code, conducted by any of the following: an agency of
			 government, a church, school, non-profit youth group whose membership consists
			 primarily of persons aged eighteen or younger, or an organization which is
			 described in subsection 501(c)(3) of the Internal
			 Revenue Code of 1986, Pub.
			 L. No. 99-514, 100 Stat. 2085 (1986), U.S.C. 1, et
			 seq., as amended  and is tax exempt under subsection 501(a) of the
			  Code.
(E) "Noncommercial temporary retail food
			 establishment" means a temporary retail food establishment as described in
			 Chapter 3717. of the Revised Code conducted by any of the following: an agency
			 of government, a church, school, fraternal organization, service club
			 organization, veterans organization, volunteer fire organization, nonprofit
			 youth group whose membership consists primarily of persons aged eighteen or
			 younger, volunteer emergency medical service organization, or an organization
			 which is described in subsection 501(c)(3) of the
			 Internal Revenue Code of 1986
			 Pub. L. No.
			 99-514, 100 Stat. 2085 (1986), U.S.C. 1, et seq.,
			 as amended and is tax exempt under subsection 501(a) of the
			  Code, or any individual or
			 group raising all of its funds for the benefit of one of these organizations if
			 such operation is operated at an event for no more than five consecutive days,
			 except when operated for more than five consecutive days under division (E)(2)
			 of section 3717.23 of the Revised
			 Code.
(F) "Process review
			 inspection" means an inspection made to determine if a risk level IV processing
			 procedure is in compliance with Chapter 3717. of the Revised Code.
(G) "Standard inspection" means an inspection
			 designed to determine compliance with Chapter 3717. of the Revised Code,
			 section 3715.551 of the Revised Code, and the rules adopted thereunder.
(H) "Temporary retail food establishment"
			 means a retail food establishment that is operated at an event for not more
			 than five consecutive days, except when operated for more than five consecutive
			 days pursuant to division (E)(2) of section
			 3717.23 of the Revised
			 Code.
(I) "Variance review" means a
			 determination by the licensor of compliance with a food processing variance
			 issued by the Ohio department of
			 agriculture.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-03 - License fees and categories

Current through all regulations passed and filed through July 1, 2024
(A) The license fees established by a
			 licensor pursuant to section
			 3717.25 of the Revised Code for
			 retail food establishments as described in section
			 3717.01 of the Revised Code
			 shall be specified for the following categories:
(1) Retail food establishments, including micro markets, in which the interior
			 premises is under twenty-five thousand square feet for each risk level
			 specified in rule
			 901:3-4-05 of the
			 Administrative Code;
(2) Retail
			 food establishments in which the interior premises is twenty-five thousand
			 square feet or more for each risk level specified in rule
			 901:3-4-05 of the
			 Administrative Code;
(3) Temporary
			 retail food establishments as a per event fee or as a per day fee;
			 and
(4) Mobile retail food establishments
			 as specified in rule
			 901:3-4-05 of the
			 Administrative Code and low risk mobile retail food establishments as specified
			 in rule 901:3-4-05 of the Administrative Code which will be fifty per cent of
			 the mobile retail food establishment fee established in this rule.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-04 - Cost analysis and license fee calculation

Current through all regulations passed and filed through July 1, 2024
(A) A cost analysis shall be conducted each
			 fiscal year. The licensor shall use data from the previous fiscal year to
			 calculate the actual cost of administering and enforcing Chapter 3717. of the
			 Revised Code, and the rules adopted thereunder for food service operations and
			 retail food establishments licensed by the licensor. The licensor shall
			 calculate the actual cost of administration and enforcement attributable to
			 each of the following components on forms prescribed or approved by the
			 director:
(1) Risk level I, risk level II,
			 risk level III, and risk level IV food service operations and retail food
			 establishments;
(2) Temporary food
			 service operations and temporary retail food establishments; and
(3) Mobile retail food establishments and
			 mobile food service operations.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-05 - Risk level of retail food establishments

Current through all regulations passed and filed through July 1, 2024
The licensor shall determine the risk level based on the
				highest risk level activity of the retail food establishment in accordance with
				the following criteria:
(A) Risk level
			 I poses potential risk to the public in terms of sanitation, food labeling,
			 sources of food, storage practices, or expiration dates.
(1)
									Examples of risk
			 level I activities include, but are not limited to, an operation that offers
			 for sale or serves:
(a) Coffee,
			 self-service hot beverage dispenser drinks,
			 self-service fountain drinks, prepackaged non-time/temperature controlled for
			 safety food beverages;
(b) Pre-packaged
			 refrigerated or frozen time/temperature controlled for safety food;
(c)
										Fresh unprocessed
			 fruits and vegetables;
(d) Pre-packaged
			 non-time/temperature controlled for safety food; or
(e) Baby food or
			 formula.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-06 - Retail food establishment inspection frequency

Current through all regulations passed and filed through July 1, 2024
A licensor shall inspect retail food establishments at least
				every fifteen months as follows:
(A)
			 Risk level I: at least one standard inspection each licensing period.
			 With the inspection of micro markets, the license
			 holder must be notified prior to inspection and at minimum is to be completed
			 by the end of the next business day after notification.
(B) Risk level II: at least one standard
			 inspection each licensing period.
(C) Risk level III: at least two standard
			 inspections each licensing period.
(D) Risk level IV: at least two standard
			 inspections and if applicable two process review inspections, and if applicable
			 two variance reviews each licensing period. The licensor may conduct
			  process review inspections on the same
			 visits as  standard inspections and when
			 applicable verify the terms of any variance that may have been
			 issued.
(E) Temporary retail food
			 establishments: at least one inspection during the period of
			 operation.
(F) New retail food
			 establishments: one standard inspection not later than
			 thirty days after the license has been issued.
								If less than six
			 months remain in a licensing period, the licensor may elect to eliminate one
			 standard inspection, one process review inspection and one variance review for
			 an establishment classified as risk level III or IV.
(G) Mobile retail food establishments: at
			 least one standard inspection each licensing period.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-07 - Approval of facility layout and equipment specifications

Current through all regulations passed and filed through July 1, 2024
No person, firm, association, organization, corporation, or
				government operation shall construct, install, provide, equip, or extensively
				alter a retail food establishment until the facility layout and equipment
				specifications therefore have been submitted to and approved in writing by the
				licensor. When the facility layout and equipment specifications are submitted
				to the licensor, the licensor shall act upon them within thirty calendar days after date of
				receipt. The facility layout and equipment specifications shall be approved by
				the licensor in accordance with the rules adopted pursuant to section
				3717.05 of the Revised Code
				stating the criteria for facility layout and equipment specifications.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-09 - Complaint investigation procedure

Current through all regulations passed and filed through July 1, 2024
(A) The licensor shall accept all complaints
			 regarding retail food establishments. The complaints shall be investigated in
			 accordance with a written policy of the licensor. The policy shall include at a
			 minimum:
(1) A complaint form
			 or electronic database to be used to document
			 the receipt of all complaints
			 and contains at least the following:
(a)
										The name and address of the retail food establishment;
			 and
(b)
										A statement of facts about the complaint including the
			 date and time of any alleged occurence.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-10 - Dispute mediation procedure

Current through all regulations passed and filed through July 1, 2024
A licensor or license holder may request mediation by the Ohio
				department of agriculture to resolve a dispute regarding the application of
				Chapter 3717. of the Revised Code, Chapter
								3717-1 of
				the Administrative Code, or this chapter pertaining to retail food
				establishments. The request shall be in writing and contain a detailed
				description of the dispute including any applicable supporting documentation.
				The Ohio department of agriculture shall investigate the case and the findings
				transmitted to all affected entities. A request for mediation does not affect
				the right of any party to seek any other remedy available by law.
Ohio Administrative Code › Title 901:3 - Food Safety › Chapter 901:3-4 - Retail Food Establishments-Licensing › Section 901:3-4-11 - Enforcement support

Current through all regulations passed and filed through July 1, 2024
(A) For the purpose of this rule "enforcement
			 support" means the provision of any of the following by the Ohio department of
			 agriculture in the license suspension, license revocation, prosecution, or proposed prosecution of a person for a violation
			 of the provisions of Chapter 3717. of the Revised Code,
			 Chapter
								3717-1 of the Administrative Code, or this chapter:
(1) Consultation regarding the facts of the
			 case;
(2) Case preparation
			 assistance if the county prosecutor or legal representative requests
			 assistance;
(3) Expert testimony;
(4) Evidence collection; and
(5) Review and comment on case
			 documentation.