Ohio Revised Code Search

...d than the word "blend" or other word clearly implying the existence of other ingredients.

...pecific instruction to summon emergency services as necessary; (b) Establish a process for replacing within a reasonable time period any overdose reversal drug that has been accessed; (c) Store the overdose reversal drug in accordance with the manufacturer's or distributor's instructions. (2) In the case of a supply of an overdose reversal drug obtained and maintained for distribution through an automated mecha...

...pecific instruction to summon emergency services as necessary. (2) In the event that a prescription for an overdose reversal drug does not include the name of the individual to whom the drug may be administered, a pharmacist or pharmacy intern may dispense the drug to the individual who received the prescription. (B)(1) A physician, physician assistant, advanced practice registered nurse, or certified mental heal...

...drugs are dispensed to summon emergency services as soon as practicable either before or after administering the drugs. (C) A pharmacist may document on a prescription form the dispensing of overdose reversal drugs by the pharmacist or a pharmacy intern supervised by the pharmacist. The form may be assigned a number for recordkeeping purposes. (D) This section does not affect the authority of a pharmacist or phar...

... registered nurse, or certified mental health assistant may elect to establish a protocol authorizing any individual to personally furnish a supply of an overdose reversal drug to another individual pursuant to the protocol. A person authorized to personally furnish an overdose reversal drug pursuant to the protocol may do so without having examined the individual to whom the drug may be administered. (B) A protoco...

...ose; (3) Attempts to summon emergency services as soon as practicable either before or after administering the overdose reversal drug, except that making such an attempt is not required if the individual administering the drug knows that emergency services already have been summoned or are present.

... "volunteer firefighter" have the same meanings as in section 4765.01 of the Revised Code. (2) "Law enforcement agency" means a government entity that employs peace officers to perform law enforcement duties. (3) "Peace officer" has the same meaning as in section 2921.51 of the Revised Code. (B)(1) Upon request of a law enforcement agency as described in division (B)(2) of this section, emergency medical servic...

... as a retail food establishment or food service operation under Chapter 3717. of the Revised Code or is listed in division (B)(9) or (12) of section 3717.42 of the Revised Code. (4) As used in division (B)(1) of this section, "flea market" means any location, other than a permanent retail store, at which space is rented or otherwise made available to others for the conduct of business as transient vendors as define...

...No person shall sell, offer for sale, or deliver at retail or to the consumer, any of the following: (A) Any drug after the expiration date required by 21 C.F.R. 211.137 except pursuant to sections 3715.88 to 3715.92 of the Revised Code; (B) Any infant formula after the "use by" date required by 21 C.F.R. 107.20; (C) Any baby food after any expiration date, "use by" date, or sale date required by state or fed...

...rized to apply to the court of common pleas in the county wherein any of the provisions of section 3715.52 of the Revised Code are being violated for a temporary or permanent injunction restraining any person from committing the violation.

...t adulterated or misbranded within the meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code. (B) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination of a false advertisement...

...(A) As used in this section, "expired" means: (1) In the case of a drug, that the expiration date required by 21 C.F.R. 211.137 has passed; (2) In the case of infant formula, the "use by" date required by 21 C.F.R. 107.20 has passed; (3) 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,...

... "retail food establishment," and "food service operation" have the same meanings as in section 3717.01 of the Revised Code. (B) The embargoing of a food may be performed by a board of health approved under section 3717.11 of the Revised Code to serve as the licensor of retail food establishments or food service operations, the director of health acting under section 3717.11 of the Revised Code as the licensor of fo...

...The attorney general, prosecuting attorney, or city director of law to whom the director of agriculture or the state board of pharmacy reports any violation of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, shall cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. The director of agriculture, before reporting any violation...

...Nothing in sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, shall be construed as requiring the director of agriculture or the state board of pharmacy to report minor violations for the institution of proceedings under sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, whenever the director or board believes that the public interest will be adequately served in the circumstances by a suitable wr...

...Food is adulterated within the meaning of sections 3715.01, 3715.02, 3715.022, and 3715.52 to 3715.72 of the Revised Code, if any of the following apply: (A) It bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, the food shall not be considered adulterated if the quantity of the substance in the food does not ordinaril...

...Food is misbranded within the meaning of sections 3715.01, 3715.02, 3715.022, and 3715.52 to 3715.72 of the Revised Code, if: (A) Its labeling is false or misleading in any particular. (B) It is offered for sale under the name of another food. (C) Its container is so made, formed, or filled as to be misleading. (D) It is an imitation of another food, unless its label bears in type of uniform size and promine...

...is state of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health, and that such injurious nature cannot be adequately determined after such articles have entered commerce, and in such case only, the director shall adopt rules providing for the issuance, to manufacturers, processor, or packers of such cla...

...ecessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of division (B) of section 3715.59 of the Revised Code. While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, ...

...g or device is adulterated within the meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, if any of the following apply: (1) It consists, in whole or in part, of any filthy, putrid, or decomposed substance. (2) It has been produced, processed, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injuri...

...rug or device is misbranded within the meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, if: (1) Its labeling is false or misleading in any particular. (2) It is in package form and does not bear a label containing both of the following: (a) In clearly legible form, the name and place of business of the manufacturer, packer, or distributor; (b) An accurate statement of the quantity of the co...

...at is licensed under the "Public Health Service Act," 58 Stat. 682 (1944), 42 U.S.C.A. 301, as amended, or under the "Virus-Serum-Toxin Act," 37 Stat. 832 (1913), 21 U.S.C.A. 151, as amended.

...) A cosmetic is adulterated within the meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, if: (1) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions of use that are customary or usual, except that this provision does not apply to coal-tar hai...

...A cosmetic is misbranded within the meaning of sections 3715.01 and 3715.52 to 3715.72, inclusive, of the Revised Code, if: (A) Its labeling is false or misleading in any particular. (B) It is in package form unless it bears a label containing: (1) The name and place of business of the manufacturer, packer, or distributor; (2) An accurate statement of the quantity of the contents in terms of weight, measure, or n...

...cosmetic is false if it is false or misleading in any particular. (B) For the purpose of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart a...

... If a court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, may enforce the remainder of the lease contract without the unconscionable clause, or may so limit the application of the unconscionable clause as to avoid any unconscionable result. (B) With respect to a consumer lease, if a ...

...f similar import shall be construed to mean that he has power to do so only if he believes in good faith that the prospect of payment or performance is impaired. (B) With respect to a consumer lease, the burden of establishing good faith under division (A) of this section is on the party who exercised the power. Otherwise, the burden of establishing lack of good faith is on the party against whom the power has been...

...(A) A lease contract is not enforceable by way of action or defense unless one of the following applies: (1) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than one thousand dollars; (2) There is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been...

... both of the following: (A) Course of dealing, usage of trade, or course of performance; (B) Evidence of consistent additional terms, unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.

...The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument, and the law with respect to sealed instruments does not apply to a lease contract or offer to which a seal has been affixed.

...(A) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties that recognizes the existence of a lease contract. (B) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined. (C) Although one or more terms of a lease contract are left open, a lease contract does not fail for indefiniteness if the parties ha...

...An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three months. Any such term of assurance on a form supplied by the offeree shall be separately signed by the...

... or circumstances, and offer to make a lease contract shall be construed as inviting acceptance in any manner and by any medium reasonable under the circumstances. (B) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.

...(A) An agreement modifying a lease contract needs no consideration to be binding. (B) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, a provision that excludes modification or rescission except by a signed writing and that is on a form supplied by a merchant shall be separately signed by the oth...

...e lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising from the terms. (B) The extension of the benefit of a supplier's promises and of warranties to the lessee as provided in division (A) of this section does not do either of the following: (1) Modify the...

... Express warranties by the lessor are created as follows: (1) Any affirmation of fact or promise made by the lessor to the lessee that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise. (2) Any description of the goods that is made part of the basis of the bargain creates an express warranty that the goods will con...

...(A) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, and that will interfere with the lessee's enjoyment of its leasehold interest. (B) Except in a finance lease, there is in a lease contract by a lessor who is a merchant regularly dealing in good...

...(A) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind. (B) To be merchantable, goods shall at least satisfy the following: (1) Pass without objection in the trade under the description in the lease agreement; (2) In the case of fungible goods, be of fair average quality within the description; (3)...

...Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.

...(A) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty shall be construed wherever reasonable as consistent with each other, but, subject to the provisions of section 1310.09 of the Revised Code on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable. (B) Subject to division (C) ...

...s shall be construed as consistent with each other and as cumulative, but, if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention, the following rules apply: (A) Exact or technical specifications displace an inconsistent sample or model or general language of description. (B) A sample from an existing bulk displaces inconsistent gener...

...Revised Code extends to any person who reasonably may be expected to use, consume, or be affected by the goods and who is injured by breach of the warranty. The operation of this section may not be excluded, modified, or limited with respect to injury to the person of an individual to whom the warranty extends, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and rem...

...ification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs in one of the following manners: (A) When the lease contract is made, if the lease contract is for a lease of goods that are existing and identified; (B) When the goods are shipped, marked, or otherwise designated by t...

...n existing goods are identified to the lease contract, even though the goods identified are nonconforming, and the lessee has an option to reject them. (B) If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified. (C) Notwithstan...

...ase of other noncredit related goods or services. (C) Notwithstanding any provision of the Revised Code to the contrary, an excess wear and use waiver is not an insurance product.

...(A) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee. (B) Subject to the provisions of section 1310.27 of the Revised Code on the effect of default on risk of loss, if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply: (1) If the lease c...

...ry of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance. (2) If the lessee rightfully revokes acceptance, he, to the extent of any deficiency in his effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning. (B)...

... to the lease agreement or section 1310.26 of the Revised Code, both of the following apply: (A) If the loss is total, the lease contract is avoided. (B) If the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may demand inspection and at his option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept...

...0.01 to 1310.78 of the Revised Code, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods, and against creditors of the parties.

...Except as otherwise provided in sections 1310.01 to 1310.78 of the Revised Code, those sections apply whether the lessor or a third party has title to the goods and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any section of the Revised Code, statute of another jurisdiction, or rule of law that possession or the absence of possession is fraudulent.