Chapter 901:3-12 Produce Safety

901:3-12-01 Produce safety.

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.

Effective: 4/22/2018
Five Year Review (FYR) Dates: 04/22/2023
Promulgated Under: 119.03
Statutory Authority: 925.26, 3715.02, 3715.021
Rule Amplifies: 925.26, 3715.02, 3715.021

901:3-12-02 Amended definitions.

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.

(B) "FDA" shall be read as "Ohio department of agriculture."

(C) "Section 402 of the Federal Food, Drug, and Cosmetic Act" shall be read as "section 3715.59 of the Revised Code."

(D) "Section 403(w) of the Federal Food, Drug, and Cosmetic Act" shall be read as "section 3715.60 of the Revised Code."

Effective: 4/22/2018
Five Year Review (FYR) Dates: 04/22/2023
Promulgated Under: 119.03
Statutory Authority: 925.26, 3715.02, 3715.021
Rule Amplifies: 925.26, 3715.02, 3715.021

901:3-12-03 Deleted regulations.

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

Effective: 4/22/2018
Five Year Review (FYR) Dates: 04/22/2023
Promulgated Under: 119.03
Statutory Authority: 925.26, 3715.02, 3715.021
Rule Amplifies: 925.26, 3715.02, 3715.021

901:3-12-04 Modifications.

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."

Effective: 4/22/2018
Five Year Review (FYR) Dates: 04/22/2023
Promulgated Under: 119.03
Statutory Authority: 925.26, 3715.02, 3715.021
Rule Amplifies: 925.26, 3715.02, 3715.021

901:3-12-05 Compliance dates.

(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.

(B) The C.F.R. sections listed in paragraphs (B)(1) to (B)(17) of this rule shall be enforced by the Ohio department of agriculture on the dates provided in paragraphs (C)(1) to (C)(3) of this rule.

(1) 21 C.F.R. 112.41

(2) 21 C.F.R. 112.42

(3) 21 C.F.R. 112.43

(4) 21 C.F.R. 112.44

(5) 21 C.F.R. 112.45

(6) 21 C.F.R. 112.46

(7) 21 C.F.R. 112.47

(8) 21 C.F.R. 112.48

(9) 21 C.F.R. 112.49

(10) 21 C.F.R. 112.50

(11) 21 C.F.R. 112.51

(12) 21 C.F.R. 112.52

(13) 21 C.F.R. 112.53

(14) 21 C.F.R. 112.54

(15) 21 C.F.R. 112.55

(16) 21 C.F.R. 112.56

(17) 21 C.F.R. 112.60

(C) The enforcement dates of the sections listed in paragraphs (B)(1) to (B)(17) of this rule 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 with paragraphs (B)(1) to (B)(17) of this rule on or before January 26, 2022.

(2) Small businesses shall be in compliance with paragraphs (B)(1) to (B)(17) of this rule on or before January 26, 2021.

(3) All other businesses shall be in compliance with paragraphs (B)(1) to (B)(17) of this rule on or before January 27, 2020.

Effective: 4/22/2018
Five Year Review (FYR) Dates: 04/22/2023
Promulgated Under: 119.03
Statutory Authority: 925.26, 3715.02, 3715.021
Rule Amplifies: 925.26, 3715.02, 3715.021

901:3-12-06 Voluntary registration.

(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.

(B) All voluntary registered farms shall be subject to the laws and rules applicable to very small businesses as defined in 21 C.F.R. 112.3 (2017).

Effective: 4/22/2018
Five Year Review (FYR) Dates: 04/22/2023
Promulgated Under: 119.03
Statutory Authority: 925.26, 3715.02, 3715.021
Rule Amplifies: 925.26, 3715.02, 3715.021