901:11-4-02 Licensing.

(A) No person located in Ohio shall act as or hold the person's self out as a weigher, sampler, or tester; or milk hauler unless the person holds a valid license or registration issued by the director under section 917.09 of the Revised Code and this rule or resides out-of-state and is licensed by an out-of-state governmental agency.

(B) The following categories for each license or registration type are as follows:

(1) Weigher, sampler, or tester:

(a) In plant weigher;

(b) In plant sampler;

(c) In plant Babcock tester;

(d) In plant Roese Gottlieb tester;

(e) In plant Infrared tester;

(f) In plant Turbidimetric tester;

(g) Bulk tank weigher, sampler; or

(h) Can milk sampler;

(2) Milk hauler;

(a) Grade A bulk milk hauler;

(b) Manufacture bulk milk hauler;

(c) Grade A can milk hauler; or

(d) Manufacture can milk.

(C) An application shall be submitted for each license type. A license fee of fifteen dollars shall accompany each license or registration application. After the initial issuance of a license or registration, an application and license fee set forth in this paragraph shall be submitted when an additional category within the license type is desired. A license or registration shall remain valid unless suspended, revoked or canceled.

(D) Prior to issuance of a weigher, sampler, or tester license, an applicant shall pass an examination that is given in accordance with section 917.08 of the Revised Code and this rule. The exam shall be composed of a minimum of twenty total questions in the following areas: sanitation and personal cleanliness; sampling and weighing procedures; milk or cream testing procedures; proper use, care and cleaning of equipment; and record keeping. Questions shall be generated from rules 901:11-4-01 to 901:11-4-13 of the Administrative Code:"Standard Methods for the Examination of Dairy Products", 17th edition 2004, edited by H. Michael Wehr, PhD and Joseph F. Frank, PhD, American public health association, 800 I Street, NW, Washington DC 2001; and the "Ohio Bulk Milk Haulers Manual", copyright 2001, Ohio state university extension. A license will not be issued until a score of seventy per cent or greater is achieved.

(E) Under the authority of sections 917.09 and 917.091 of the Revised Code the director may issue a temporary weigher, sampler, or tester license or registration to an applicant upon determination that the applicant has met all qualifications for licensure except successful completion of an examination. A temporary weigher, sampler or tester license shall remain in effect for ninety days or the date of the next examination, which ever comes first.

(F) The director shall inspect each milk hauler's conveyance(s) prior to issuance of a milk hauler license. To determine compliance with rules 901:11-4-01 to 901:11-4-13 of the Administrative Code.

(G) A person when licensed or registered as a milk hauler shall provide the director with a list adequately identifying all owned or leased bulk milk transport tanks or conveyances used to transport raw milk. Thereafter, the milk hauler shall provide the director with any additions, or deletions to such lists annually. The director shall assign an identification number for each bulk milk transport tank or conveyance. The milk hauler shall affix the assigned identification to the tank or conveyance in a manner prescribed by the director.

(H) Licenses or registrations are not transferable with respect to persons or locations.

(I) Licenses or registrations may be cancelled by the director, at no cost to the licensee or registrant, if the licensee or registrant:

(1) Makes such a request of the director;

(2) Transfers the licensed or registered activity to another person;

(3) Does not perform the licensed category activity or registered activity for six months; or

(4) Expired.

(J) Milk haulers located in Ohio shall pay the milk inspection fees prescribed by the milk sanitation board in accordance with section 917.031 of the Revised Code, in addition to the license or registration fee prescribed by section 917.09 of the Revised Code and this rule. Inspection fees shall be paid to the treasurer, state of Ohio, within fifteen days after the receipt of the invoice. Failure to pay inspection fees shall be cause for license or registration revocation.

(K) Any license or registration issued under this rule may be denied, suspended, or revoked by the director for violation of sections 917.01 to 917.24 of the Revised Code or rules adopted under the Administrative Code. Except as provided by section 917.22 of the Revised Code and by this rule, the denial, suspension, or revocation of a license or registration is not effective until notice in writing of the violation has been given and a hearing afforded before the director.

R.C. 119.032 review dates: 05/08/2012 and 05/08/2017
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.031 , 917.07 , 917.08 , 917.091
Prior Effective Dates: 11/18/02, 06/06/05, 05/15/2007