901:2-2-03 Regulatory control action.

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.

(B) If regulatory control action is taken, the department shall immediately notify the establishment orally of the action and the basis for the action. The department will follow the oral notice with a written notice of the action and the underlying basis of the action.

(C) An establishment may appeal a regulatory control action in accordance with division (D) of section 918.08 and division (C) section 918.28 of the Revised Code.

(D) Any appeal from a decision of any program employee shall be made to his or her immediate supervisor having jurisdiction over the subject matter of the appeal except as otherwise provide in the applicable rules of practice in this chapter.

Effective: 3/19/2016
Five Year Review (FYR) Dates: 09/15/2015 and 03/19/2021
Promulgated Under: 119.03
Statutory Authority: 918.04
Rule Amplifies: 918.08, 918.28
Prior Effective Dates: 02/04/2002