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

Rule 901:3-4-12 | Articles - requirement to cease use.


(A) Any article such as a utensil, material, or piece of equipment may be removed from use in a retail food establishment or a food service operation by the licensor if the article presents a public health hazard. For the purposes of this rule, a public health hazard is presented by any article whose use can reasonably be expected to result in the contamination or adulteration of a food product based upon its state of repair, cleanliness, location, or construction. The licensor may tag any such article and prohibit the article's use by the license holder.

(B) A tag removing an article from use shall state the reason for the article's removal from use, and either

(1) The provisions for returning the article to use, or

(2) The disposition of the article if the article cannot be satisfactorily reconditioned.

(C) No license holder shall remove or permit to be removed, a tag without the permission of the licensor.

(D) Any action that may be taken by a licensor under paragraphs (A) to (C) of this rule may be taken by a health commissioner or other person employed by the licensor if the person or health commissioner is authorized by the licensor to take the action.

Last updated February 12, 2024 at 8:38 AM

Supplemental Information

Authorized By: 3717.04, 3717.33
Amplifies: 3717.27
Five Year Review Date: 2/12/2029
Prior Effective Dates: 2/1/2001, 9/18/2014