Ohio Administrative Code Search

...As adopted in rule 901:2-3-01 of the Administrative Code, where ever used in 9 C.F.R. parts 362 to 442, the following definitions are modified as follows: (A) "'Act' means the Poultry Products Inspection Act, as amended by the Wholesome Poultry Products Act, 82 Stat. 791; 21 U.S.C. 451 et seq. as amended by this chapter. (B) "'Administrator' shall be read as "chief." (C) "Circuit" shall be read as "district." (D)...

...art 362 is hereby amended as follows: (1) In 9 C.F.R. 362.3 delete existing language and insert: "Any person who desires to receive service under the regulations in this part for poultry or other product eligible therefor under such regulations may make application for service to the director, upon an application form which will be furnished by the director upon request to the Ohio department of agriculture, divisi...

...Pursuant to rule 901:2-3-01 of the Administrative Code, the following sections of 9 C.F.R. parts 362 to 442 are amended to read as follows: (A) 9 C.F.R. part 362 is hereby amended as follows: (1) In 9 C.F.R. 362.3 delete existing language and insert: "Any person who desires to receive service under the regulations in this part for poultry or other product eligible therefor under such regulations may make applicati...

...tion requirements pursuant to Chapter 3717. of the Revised Code. (B) "Director" means the director of Ohio department of agriculture or an authorized designee of the director. (C) "Misbranded" as defined in section 3715.60 of the Revised Code. (D) "Noncommercial retail food establishment" means a retail food establishment as described in Chapter 3717. of the Revised Code, conducted by any of th...

...e pursuant to division (C) of section 3717.23 of the Revised Code. (B) An application for a license to operate a new retail food establishment during any part of the year shall be filed as hereinafter provided not less than ten days before the retail food establishment is opened for business. If proper application has been made, the facility layout and equipment specifications have been approved and complied with on...

...e pursuant to division (C) of section 3717.23 of the Revised Code. (B) An application for a license to operate a new retail food establishment during any part of the year shall be filed as hereinafter provided not less than ten days before the retail food establishment is opened for business. If proper application has been made, the facility layout and equipment specifications have been approved and ...

...hed by a licensor pursuant to section 3717.25 of the Revised Code for retail food establishments as described in section 3717.01 of the Revised Code shall be specified for the following categories: (1) Retail food establishments in which the interior premises is under twenty-five thousand square feet for each risk level specified in rule 901:3-4-05 of the Administrative Code; (2) Retail food establishments in which...

...by a licensor pursuant to section 3717.25 of the Revised Code for retail food establishments as described in section 3717.01 of the Revised Code shall be specified for the following categories: (1) Retail food establishments, including micro markets, in which the interior premises is under twenty-five thousand square feet for each risk level specified in rule 901:3-4-05 of the Administrative ...

...f administering and enforcing Chapter 3717. of the Revised Code, and the rules adopted thereunder for food service operations and retail food establishments licensed by the licensor. The licensor shall calculate the actual cost of administration and enforcement attributable to each of the following components on forms prescribed or approved by the director: (1) Risk level I, risk level II, risk level III, and risk l...

...f administering and enforcing Chapter 3717. of the Revised Code, and the rules adopted thereunder for food service operations and retail food establishments licensed by the licensor. The licensor shall calculate the actual cost of administration and enforcement attributable to each of the following components on forms prescribed or approved by the director: (1) Risk level I, risk level II, ri...

...ration that offers for sale or sells: (1) Coffee, self-service fountain drinks, prepackaged non-time/temperature controlled for safety food beverages; (2) Pre-packaged refrigerated or frozen time/temperature controlled for safety food; (3) Pre-packaged non-time/temperature controlled for safety food; (4) Baby food or formula. A "food delivery operation" as defined in division (H) of section 3717.01 of the Revise...

...e practices, or expiration dates. (1) Examples of risk level I activities include, but are not limited to, an operation that offers for sale or serves: (a) Coffee, self-service hot beverage dispenser drinks, self-service fountain drinks, prepackaged non-time/temperature controlled for safety food beverages; (b) Pre-packaged refrigerated or frozen time/temperature controlled for safety food;...

...egarding the application of Chapter 3717. of the Revised Code, Chapter 3717-1 of the Administrative Code, or this chapter pertaining to retail food establishments. The request shall be in writing and contain a detailed description of the dispute including any applicable supporting documentation. The Ohio department of agriculture shall investigate the case and the findings transmitted to all affected enti...

...tion of the provisions of Chapter 3717. of the Revised Code, Chapter 3717-1 of the Administrative Code, or this chapter: (1) Consultation regarding the facts of the case; (2) Case preparation assistance if the county prosecutor or legal representative requests assistance; (3) Expert testimony; (4) Evidence collection; and (5) Review and comment on case documentation. (B) To request enfor...

... defined in paragraph (B)(52) of rule 3717-1-01 of the Administrative Code, for a period of one year.

...es of this rule, "expired" means: (1) In the case of infant formula, the "use by" date required by 21 C.F.R. 107.20 (as published on April 1, 2021) has passed; or (2) In the case of baby food, that any expiration date, "use by" date, or sale date established by state or federal law or marked on the container by the manufacturer, processor, or packager has passed. (B) Whenever a licensor fin...

...of health in accordance with Chapter 3701-21 of the Administrative Code. (B) Any person recognized by the Ohio department of health as "certified in food protection" shall also be recognized as such by the Ohio department of agriculture and any other licensor of retail food establishments in Ohio. (C) The licensor shall mandate person in charge certification for risk level I, II, III, and IV ret...

...(A) Pursuant to section 3717.11 of the Revised Code the director of agriculture shall survey at least once every three years the retail food establishment program of every licensor for retail food establishments. The licensor shall provide the director of agriculture with all requested information to complete the survey. (B) The director of agriculture shall provide the survey methodology to all licensors. The meth...

...(A) Pursuant to section 3717.11 of the Revised Code the director will survey at least once every three years the retail food establishment program of every licensor for retail food establishments. The licensor will provide the director with all requested information to complete the survey. (B) The director will provide the survey methodology to all licensors. The methodology shall include: (1) A...

...conditions in division (D) of section 3717.11 of the Revised Code are met. Upon reinstatement, the director of agriculture shall provide the licensor a set-time frame for survey which shall be no later than one year after reinstatement. The licensor shall be classified as provisional until the licensor has successfully passed the survey. If the director of agriculture determines that the licensor is qualified to admi...

...conditions in division (D) of section 3717.11 of the Revised Code are met. Upon reinstatement, the director shall provide the licensor a set-time frame for survey which shall be no later than one year after reinstatement. The licensor shall be classified as provisional until the licensor has successfully passed the survey. If the director determines that the licensor is qualified to administer and enforce C...

...) Except as specified in paragraphs (A)(1), (A)(2), and (A)(3) of this rule, foods requiring refrigeration or freezing shall be held in mechanical refrigeration or freezer units at temperatures specified in rule 901:3-6-02 of the Administrative Code. (1) At a farm product auction fresh dressed poultry may be held for auction by submersion in crushed ice. (2) At a farm product auction frozen non-amenable meats may b...

...cept as specified in paragraphs (A)(1), (A)(2), and (A)(3) of this rule, foods requiring refrigeration or freezing shall be held in mechanical refrigeration or freezer units at temperatures specified in rule 901:3-6-02 of the Administrative Code. (1) At a farm product auction fresh dressed poultry may be held for auction by submersion in crushed ice. (2) At a farm product auction frozen ...

...enable meats in one of the following: (1) A three-compartment sink; (2) A two-compartment sink; (3) If approved by the director, receptacles that substitute for compartments of a multi-compartment sink; or (4) Another method approved by the director. (B) The following procedure shall be used to manually wash, rinse, and sanitize utensils and food contact surfaces of equipment in a three step process: (1) In the...

...le meats in one of the following: (1) A three-compartment sink; (2) A two-compartment sink; (3) If approved by the director, receptacles that substitute for compartments of a multi-compartment sink; or (4) Another method approved by the director. (B) The following procedure shall be used to manually wash, rinse, and sanitize utensils and food contact surfaces of equipment in a thr...