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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 901:3-7 | Fish and Fishery Products

 
 
 
Rule
Rule 901:3-7-01 | Incorporated by reference- fish and fishery products.
 

The federal food safety regulations located at 21 C.F.R. chapter 1, subchapter b, part 123 (2015), are adopted in their entirety with the exception of those provisions amended or deleted by this chapter. A copy is available at https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=123.

All food processing establishments as defined in section 3715.021 of the Revised Code shall comply with the rules of this chapter to determine that food has been manufactured under such conditions that render the food safe, unadulterated, and not misbranded.

Last updated June 10, 2024 at 8:27 AM

Supplemental Information

Authorized By: 3715.02, 3715.021
Amplifies: 3715.59, 913.41, 3715.03, 3715.04, 3715.52, 3715.551, 3715.60
Five Year Review Date: 6/10/2029
Prior Effective Dates: 4/28/2003, 10/27/2018, 7/9/2020
Rule 901:3-7-02 | Amended definitions.
 

As adopted in rule 901:3-7-01 of the Administrative Code, as used in 21 C.F.R. chapter 1, subchapter b, part 123, the following definitions are modified as follows:

(A) "Corrective action plan" means a plan that describes the steps to be taken and assigns responsibility for those steps as they pertain to a particular deviation from the hazard analysis and critical control plan (HACCP).

(B) Processing

(1) "Processing" means, with respect to fish or fishery products: handling, storing, preparing, heading, eviscerating, shucking, freezing, changing into different market forms, manufacturing, preserving, packing, labeling, dockside unloading, or holding.

(2) The regulations in this part do not apply to:

(a) Harvesting or transporting fish or fishery products, without otherwise engaging in processing.

(b) Practices such as heading, eviscerating, or freezing intended solely to prepare a fish for holding on board a harvest vessel.

(c) The operation of a retail establishment.

(d) A non-profit organization exempt from federal income taxation pursuant to section 501 (c)(3) of the Internal Revenue Code, 26 U.S.C.A. (2017), or senior centers created under section 173.11 of the Revised Code, that do both of the following:

(i) Moves fish or fishery products from a food processing establishment to another location under their control; and

(ii) Serves the food to the end consumer, without charge.

Last updated June 10, 2024 at 8:27 AM

Supplemental Information

Authorized By: 3715.02, 3715.021
Amplifies: 3715.59, 913.41, 3715.03, 3715.04, 3715.52, 3715.551, 3715.60
Five Year Review Date: 6/10/2029
Prior Effective Dates: 8/10/1951, 4/28/2003
Rule 901:3-7-03 | Deleted regulations.
 

Pursuant to rule 901:3-07-01 of the Administrative Code, the following sections of 21 C.F.R. 123 are deleted in their entirety and shall not become rules of the Ohio department of agriculture:

(A) 21 C.F.R. 123.9(d); and

(B) 21 C.F.R. 123.12.

Last updated June 10, 2024 at 8:28 AM

Supplemental Information

Authorized By: 3715.02, 3715.021
Amplifies: 3715.59, 913.41, 3715.03, 3715.04, 3715.52, 3715.551, 3715.60
Five Year Review Date: 6/10/2029
Prior Effective Dates: 4/28/2003
Rule 901:3-7-04 | Modifications.
 

Pursuant to rule 901:3-7-01 of the Administrative Code, the following section of the 21 C.F.R. 123 is modified to read as follows:

"Section 21 C.F.R. 123.6(g)" shall read as "Legal basis. Failure of a processor to have and implement a hazard analysis and critical control plan (HACCP) that complies with this section whenever a HACCP plan is necessary, otherwise operate in accordance with the requirements of this part, shall render the fish or fishery products of that processor adulterated under section 3715.59 of the Revised Code. Whether a processor's actions are consistent with ensuring the safety of food will be determined through an evaluation of the processors overall implementation of its HACCP plan, if one is required."

Last updated June 10, 2024 at 8:28 AM

Supplemental Information

Authorized By: 3715.02, 3715.021
Amplifies: 3715.59, 913.41, 3715.03, 3715.04, 3715.52, 3715.551, 3715.60
Five Year Review Date: 6/10/2029
Prior Effective Dates: 4/28/2003