Ohio Revised Code Search
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Section 3715.601 | Definitions.
...f the following: (1) The handling, preparation, heating, and packaging of whole shelled or unshelled eggs; (2) The breaking of eggs and the separation of eggs; pasteurization; filtering, mixing, stabilizing, or blending parts of the egg; any cooling, freezing, or drying of parts of the egg; storage; and packaging. (F) "Fabricated-egg product" means food, if it has one or more sensory attributes that resemble an... |
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Section 3715.602 | Misbranding of meat and egg products.
...(A) Food is misbranded as a meat product if all of the following apply: (1) The food is a manufactured-protein food product or the food contains a manufactured-protein food product. (2) The food is offered for sale by a food processing establishment. (3) A label that is part of or placed on the package or other container storing the manufactured-protein food product includes an identifying meat term. (4) The ... |
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Section 3715.603 | Inspection.
...In conducting a routine inspection of the premises of a food processing establishment, the department of agriculture is not required to determine if any food located on the premises is misbranded as a meat product or an egg product pursuant to section 3715.602 of the Revised Code. The department shall inspect an inventory of food offered for sale or sold by a food processing establishment based on a credible compla... |
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Section 3715.604 | Notice of adulteration, misbranding, or expiration.
...If the department of agriculture has reasonable cause to believe that a food processing establishment is selling food that is misbranded as a meat product or an egg product in violation of section 3715.602 of the Revised Code, section 3715.55 of the Revised Code applies to the food. |
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Section 3715.605 | Civil penalties.
...t a violation continues constitutes a separate offense. The attorney general, upon written request by the director of agriculture, shall bring an action for such a penalty against any person who violates that section. Such an action is a civil action, governed by the Rules of Civil Procedure and other rules of practice and procedure applicable to civil actions. (B) The director shall not suspend or revoke a food pr... |
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Section 3715.61 | Director of agriculture - powers regarding permits.
...(A) Whenever the director of agriculture finds after investigation that the distribution in this 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 shal... |
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Section 3715.62 | Unsafe food.
...Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be unsafe for purposes of the application of division (B) of section 3715.59 of the Revised Code, but when such substance is so required or cannot be so avoided, the director of agriculture shall adopt rules limiting the quantity t... |
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Section 3715.63 | When drug or device is adulterated.
...(A) A drug 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 rendere... |
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Section 3715.64 | Misbranded drug or device.
...hnine, thyroid, or any derivative or preparation of any such substances; but to the extent that compliance with these requirements is impracticable, exemptions shall apply as established by rules adopted by the director of agriculture or state board of pharmacy. (7) Its labeling does not bear the following: (a) Adequate directions for use of the drug or device, except that when compliance with this requirement is n... |
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Section 3715.65 | Application for new drug required.
...le, hold for sale, or give away any new drug unless an application with respect to the drug has become effective under section 505 of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended. (B) This section does not apply to the following: (1) A drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety of ... |
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Section 3715.66 | Adulterated cosmetics.
...d under authority of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended. (B) For purposes of divisions (A)(1) and (5) of this section, "hair dye" does not include eyelash dye or eyebrow dye. |
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Section 3715.67 | Misbranded cosmetics.
...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... |
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Section 3715.68 | False or misleading advertisement.
...gitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, tuberculosis, tumors, typhoid, uremia, venereal disease, is also false, except that no advertisement not in violation of division (A) of this section is false under this division if it is disseminated only to members of the medic... |
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Section 3715.69 | Adoption of rules for enforcement.
...ns promulgated under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended. |
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Section 3715.70 | Right of entry - examination of samples.
...house, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold foods, drugs, devices, or cosmetics in commerce, for the following purposes: (1) To inspect the factory, warehouse, establishment, or vehicle to determine if any of the provisions of sections 3715.01 or 3715.52 to 371... |
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Section 3715.71 | Publication of reports - dissemination of information.
...minated any information regarding food, drugs, devices, and cosmetics that the director or board deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the director or board from collecting, reporting, and illustrating the results of investigations conducted by the director or board. |
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Section 3715.72 | Administrative procedure - exceptions.
...ale, or offering for sale, of any food, drug, cosmetic, or device otherwise prohibited by any provision of the Revised Code or by any regulations promulgated pursuant to any provision of the Revised Code; nor do sections 3715.52 to 3715.71, inclusive, of the Revised Code or any regulations thereunder, prohibit the sale or offering for sale, of any food, drug, cosmetic, or device through any outlet where such items ar... |
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Section 3715.73 | Fines or forfeited bonds to be paid into state treasury.
...(A) All fines or forfeited bonds assessed and collected under prosecution by the director of agriculture or prosecution commenced by the director in enforcement of this chapter shall, within thirty days, be paid to the director and by the director paid into the state treasury. (B) All fines or forfeited bonds assessed and collected under prosecution by the state board of pharmacy or prosecution commenced by the boar... |
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Section 3715.74 | Governor may declare adulterated consumer product emergency.
.... Each day a violation continues is a separate offense. (G) The attorney general, at the direction of the governor or upon request of the director of agriculture, the director of health, the state board of pharmacy, or a prosecuting attorney may commence an action in a court of common pleas to enjoin a violation of an executive adulterated consumer product emergency order issued pursuant to this section or to compe... |
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Section 3715.80 | Dietary supplement defined.
...the meaning given in the federal "Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21 U.S.C.A. 321(ff), as amended. |
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Section 3715.81 | Dietary supplement to be treated as a food.
...For purposes of this chapter, a dietary supplement shall be treated as a food. The director of agriculture shall administer and enforce sections 3715.80 to 3715.86 of the Revised Code and any rules adopted under those sections in accordance with Chapter 3717. of the Revised Code. |
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Section 3715.82 | Adoption of rules.
...ns promulgated under the federal "Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, et seq., as amended. |
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Section 3715.83 | Dietary supplement considered to be adulterated.
...In addition to the conditions specified in section 3715.59 of the Revised Code, a dietary supplement is adulterated if it presents a significant or unreasonable risk of illness or injury under the conditions of use recommended or suggested in its labeling or, if there are no recommended or suggested conditions of use, under the ordinary conditions of use. If the director of agriculture finds or has cause to believe ... |
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Section 3715.84 | Requirements for labeling - misbranding.
...evaluated by the United States food and drug administration. This product is not intended to diagnose, treat, cure, or prevent any disease." (b) In the case of a product manufactured and sold only within the state of Ohio, "This statement has not been evaluated by the Ohio department of agriculture. This product is not intended to diagnose, treat, cure, or prevent any disease." (4) The manufacturer of the dietary s... |
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Section 3715.85 | Publication used in connection with sale to consumers of dietary supplement.
...r sale, the publication is physically separate from the dietary supplements. (6) The publication does not have any other information affixed to it. (C) Division (B) of this section does not apply to or restrict the actions of a person who offers dietary supplements for sale at retail or wholesale in the sale of books or publications as part of the person's business. (D) If the director of agriculture finds or has ... |