Ohio Administrative Code Search

...Pursuant to 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.6 shall be read as follows: (A) The department, in accordance with Chapter 119. of the Revised Code, may revoke an inspection license from an establishment when it finds: (1) An establishment produced and shipped adulterated product; (2) An establishment did not have or maintain a HACCP plan in accordance with 9 C.F.R. 417; (3) An e...

...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 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)...

...The following sections of 9 C.F.R. parts 362 to 442 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 application for service to the director, upon an application form whi...

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...As used in this chapter: (A) "Certified in food protection" means an individual has met the certification 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 ...

...(A) During the month of February of each year, except as hereinafter provided, every person that operates a retail food establishment shall apply for a license for that year from the licensor of retail food establishments for the area in which the retail food establishment is located. This provision shall apply to all retail food establishments except seasonal retail food establishments, mobile retail food establishm...

...(A) During the month of February of each year, except as hereinafter provided, every person that operates a retail food establishment shall apply for a license for that year from the licensor of retail food establishments for the area in which the retail food establishment is located. This provision shall apply to all retail food establishments except seasonal retail food establishments, mobile re...

...(A) The license fees established 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...

...(A) The license fees established 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 ...

...(A) A cost analysis shall be conducted each fiscal year. The licensor shall use data from the previous fiscal year to calculate the actual cost of 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...

...(A) A cost analysis shall be conducted each fiscal year. The licensor shall use data from the previous fiscal year to calculate the actual cost of 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 enfor...

...The licensor shall determine the risk level based on the highest risk level activity of the retail food establishment in accordance with the following criteria: (A) Risk level I poses potential risk to the public in terms of sanitation, food labeling, sources of food, storage practices, or expiration dates. Examples of risk level I activities include, but are not limited to, an operation that offers for sale or sell...

...The licensor shall determine the risk level based on the highest risk level activity of the retail food establishment in accordance with the following criteria: (A) Risk level I poses potential risk to the public in terms of sanitation, food labeling, sources of food, storage practices, or expiration dates. (1) Examples of risk level I activities include, but are not limited to, an operation that of...

...A licensor or license holder may request mediation by the Ohio department of agriculture to resolve a dispute regarding 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. Th...

...(A) For the purpose of this rule "enforcement support" means the provision of any of the following by the Ohio department of agriculture in the license suspension, license revocation, prosecution, or proposed prosecution of a person for a violation of the provisions of Chapter 3717. of the Revised Code, Chapter 3717-1 of the Administrative Code, or this chapter: (1) Consultation regarding the fac...

...(A) For the purpose of this rule "enforcement support" means the provision of any of the following by the Ohio department of agriculture in the license suspension, license revocation, prosecution or proposed prosecution of a person for a violation of the provisions of Chapter 3717. of the Revised Code, agency-level 3717 of the Administrative Code, or this chapter: (1) Consultation regarding the facts of the case; (...

...A license holder of a retail food establishment shall: (A) For the purpose of any investigation provide the licensor, upon request and within a reasonable time, proof of origination of the foods sold at the retail food establishment. (B) Maintain records required as a condition of a variance or a required HACCP plan, as defined in paragraph (B)(52) of rule 3717-1-01 of the Administrative Code, for...

...(A) For the purposes 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) Whene...

...(A) Persons seeking approval for a course of study for persons to be certified in food protection, shall make application to the Ohio department 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 lic...

...(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...

...The director of agriculture may reinstate a licensor if all the 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 ...

...The director may reinstate a licensor if all the 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 ...

...(A) 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...