Ohio Revised Code Search
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Section 3739.16 | Preemption of chapter by federal standards.
...No person is required to comply with this chapter or the rules adopted pursuant to it if a federal reduced cigarette ignition propensity standard that preempts this chapter or rules adopted under it is adopted and becomes effective. |
Section 3739.17 | Immunity for acts in compliance with chapter.
...In addition to any other immunities, defenses, and exclusions provided under the Revised Code, the state, the department of taxation, the department of commerce, the division of the fire marshal within the department of commerce, and any employees of the state, either department, or the division, are immune from liability in any civil action or proceeding arising from the performance or nonperformance of an... |
Section 3739.18 | Manufacturer's certification fee - enforcement and prevention funds.
...(A) A manufacturer shall pay the state fire marshal a fee of one thousand dollars or an adjusted fee pursuant to division (B) of this section for each type of brand family included in a certification required under division (A) of section 3739.07 of the Revised Code. The fee for each type of brand family includes any new cigarette certified under this chapter within that brand family during the three-year cer... |
Section 3739.99 | Civil penalties for violation of chapter.
...(A) A manufacturer who violates division (B) of section 3739.05 of the Revised Code shall be subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer fails to comply with that division. (B) A manufacturer, wholesale dealer, agent, or any other person other than a retail dealer who knowingly sells or offers to sell cigarettes in violation of sectio... |
Section 3740.01 | Definitions.
...r certified by the department of developmental disabilities under Chapter 5123. of the Revised Code, residential facility licensed under section 5119.34 or 5123.19 of the Revised Code, shared living provider, or immediate family member, that has the primary function of providing any of the following services to a patient at a place of residence used as the patient's home: (1) Skilled nursing care; (2) Physical ... |
Section 3740.02 | License requirements.
...ate of this section : (A)(1) No home health agency shall do either of the following unless the agency holds a current, valid license to provide skilled home health services issued under this chapter: (a) Provide skilled home health services through one or more employees; (b) Hold the agency, or any employee of the agency, out as a provider of skilled home health services. (2) No home health agency shall d... |
Section 3740.03 | Applications for licensure.
...(A)(1) A home health agency or nonagency provider seeking to provide skilled home health services shall apply to the department of health for a skilled home health services license. The application shall include all of the following: (a) Evidence that the agency or provider meets one of the following: (i) Is certified for participation in the medicare program; (ii) Is accredited by the accreditation commissi... |
Section 3740.04 | Issuance of licenses.
...The department of health shall review each license application received under section 3740.03 of the Revised Code. The department's review of the application shall include a site visit for each applicant seeking a license on the basis of division (A)(1)(a)(i) of section 3740.03 of the Revised Code to verify that medicare conditions of participation are met, unless the applicant has already had such a site visit withi... |
Section 3740.05 | Validity, renewal of licenses.
...icense shall apply to the department of health using a license renewal form prescribed by rules adopted under section 3740.10 of the Revised Code and comply with any renewal application procedures established by those rules. The department shall review each application for license renewal and shall renew the license for three years if the applicant has paid the renewal fee of two hundred fifty dollars and demonstrate... |
Section 3740.07 | Enforcement.
... of the Revised Code, the department of health may take one or more of the following actions, as applicable, with respect to an applicant for or the holder of a license under this chapter: (1) Refuse to issue a license; (2) Refuse to renew or reinstate the holder's license; (3) Impose limitations on the holder's license; (4) Revoke or suspend the holder's license; (5) Place the license holder on probation w... |
Section 3740.10 | Rules.
...(A) The director of health shall adopt rules as the director considers necessary to implement this chapter, including rules that do all of the following: (1) Prescribe license application forms and procedures; (2) Specify the documentation that must be provided and conditions that must be met by an applicant seeking a license on the basis of division (A)(1)(a)(iv) of section 3740.03 of the Revised Code; (3) Pre... |
Section 3740.11 | [Former R.C. 3701.881, amended and renumbered by H.B. 110, 134th General Assembly, effective 9/30/2021] Criminal records check.
...d 1320c-5; (3) The registry of developmental disabilities employees established under section 5123.52 of the Revised Code; (4) The internet-based sex offender and child-victim offender database established under division (A)(11) of section 2950.13 of the Revised Code; (5) The internet-based database of inmates established under section 5120.66 of the Revised Code; (6) The state nurse aide registry established... |
Section 3740.99 | Penalty.
...Whoever violates section 3740.02 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense; for each subsequent offense, the person is guilty of a misdemeanor of the first degree. |
Section 3741.01 | Oil and paint definitions.
...As used in sections 3741.01 to 3741.07, inclusive, of the Revised Code: (A) "Naval stores" means spirits of turpentine and rosin. (B) "Spirits of turpentine" includes gum spirits of turpentine and wood turpentine. (C) "Gum spirits of turpentine" means spirits of turpentine made from oleoresin gum from a living tree. (D) "Wood turpentine" includes steam distilled wood turpentine and destructively distilled wood tu... |
Section 3741.02 | Labels.
...dangerous or injurious to human life or health whether through absorption, contact, or inhalation. The label shall be printed in the English language in plain, legible type, in continuous list, with no intervening matter of any kind. The label on paint sold by measure shall show the net measure of the contents of the container. The label on paint sold by weight shall show the net weight of the contents of the packag... |
Section 3741.03 | Standards shall be official.
...For the purposes of sections 3741.01 to 3741.07, inclusive, of the Revised Code, the standards of quality and purity of gum spirits of turpentine, steam distilled wood turpentine, destructively distilled wood turpentine, gum rosin, and wood rosin shall be those of the official naval stores standards of the United States, as set forth in the Naval Stores Act or amendments thereto. |
Section 3741.04 | Prohibited acts.
...The following acts are prohibited: (A) The sale in this state, of any naval stores or of anything offered for sale as such, except under or by reference to the official naval stores standards of the United States; (B) The sale of any naval stores in this state under or by reference to the official naval stores standards of the United States, which is other than what it is represented to be; (C) The use in this sta... |
Section 3741.05 | Possession prima-facie evidence.
...The possession of an article or substance improperly marked or inaccurately labeled by a person, firm, or corporation dealing therein, shall be prima-facie evidence that it is being kept in violation of sections 3741.01 to 3741.07, inclusive, of the Revised Code. |
Section 3741.06 | Enforcement.
...The director of agriculture shall enforce sections 3741.01 to 3741.07, inclusive, of the Revised Code, and the director, his assistant and employees, shall have access to the places of business, stores, buildings, and yards used for the sale of paint, naval stores, or linseed oil, and may open any package, tank car, tank, drum, barrel, can, jar, tub, or other receptacle containing any article that may be sold, offere... |
Section 3741.07 | Prohibition.
...No person shall violate sections 3741.01 to 3741.06, inclusive, of the Revised Code, relating to the labeling, marketing, stenciling, selling, offering or exposing for sale, or advertising of paints, mixed paints and similar compounds, naval stores, linseed oil, or white lead by manufacturers or distributors thereof. |
Section 3741.08 | Manufacture and sale of raw flaxseed or linseed oil.
...No person shall manufacture, offer, or expose for sale raw flaxseed or linseed oil unless it is wholly obtained from the seeds of the flax plant and fulfills all the requirements recognized by the eighth decennial revision of the United States pharmacopoeia. |
Section 3741.09 | Manufacture and sale of boiled linseed oil.
...No person shall manufacture, offer, or expose for sale, boiled linseed oil unless it has been prepared by heating pure raw linseed oil to a temperature of two hundred twenty-five degrees Fahrenheit and incorporating not to exceed four per cent by weight of drier. Such boiled linseed oil must also conform to the following requirements: (A) Its specific gravity at sixty degrees Fahrenheit must be not less than nine hu... |
Section 3741.10 | Selling boiled oil under false name or without proper branding.
...No person shall sell, expose, or offer for sale, flaxseed or linseed oil except under its true name, and unless each tank car, tank, barrel, keg, or other vessel containing such oil has distinctly and durably painted, stamped, stenciled, or marked thereon in ordinary bold-faced capital letters not less than five lines pica in size, the words "pure linseed oil--raw" or "pure linseed oil--boiled" and the name and addre... |
Section 3741.11 | Falsification.
...A person who knowingly makes a false statement on a stamp or label on a tank car, barrel, keg, can, or other vessel containing flaxseed or linseed oil is guilty of falsification under section 2921.13 of the Revised Code. |
Section 3741.12 | Enforcement.
...The director of agriculture shall enforce sections 3741.08 to 3741.10 of the Revised Code. |