Ohio Revised Code Search
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Section 3739.05 | Manufacturer to retain copies of test reports.
...(A) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale in this state for a period of three years after a test is concluded, and shall make copies of these reports available to the state fire marshal and the attorney general upon receipt of a written request from the state fire marshal or attorney general. (B) No manufacturer shall fail to make t... |
Section 3739.06 | Mark of compliance on cigarette package.
...(A) A manufacturer, shall place a marking on each package of cigarettes that is certified under section 3739.07 of the Revised Code. The marking shall be in eight-point type or larger, permanently printed, stamped, engraved, or embossed upon the cigarette package or cellophane wrap at or near the UPC code on the package, and consist of only the letters "FSC" that shall signify "fire standards compliant." (... |
Section 3739.07 | Manufacturer's certification of compliance.
...ilable to the attorney general and the tax commissioner for the purposes of ensuring compliance with this chapter. (D) No manufacturer shall submit a false certification to the state fire marshal. |
Section 3739.08 | Bands indicating lower paper permeability.
...Each cigarette a manufacturer lists in a certification submitted pursuant to section 3739.07 of the Revised Code for which the manufacturer uses lowered permeability bands in the cigarette paper to comply with the testing requirements described in division (B) of section 3739.03 of the Revised Code shall have either of the following bands surrounding the tobacco column: (A) For cigarettes on which bands are n... |
Section 3739.09 | Triannual cigarette recertification.
...A manufacturer shall recertify each cigarette the manufacturer certifies pursuant to section 3739.07 of the Revised Code every three years. A manufacturer that certifies a cigarette in accordance with that section and that subsequently makes any change to that cigarette that alters the cigarette in such a way that the manufacturer knows that the cigarette is likely to no longer meet the standard specified in ... |
Section 3739.10 | Copy of certification provided to dealers.
...hall allow the state fire marshal, the tax commissioner, and the attorney general to inspect the markings of cigarette packaging marked in accordance with section 3739.06 of the Revised Code. |
Section 3739.11 | Testing and enforcement powers of fire marshal.
... and shall give such cigarettes to the tax commissioner, and such cigarettes thereupon shall be forfeited to the state. The tax commissioner shall order the destruction of any cigarettes forfeited pursuant to this section, but prior to the destruction of any cigarette forfeited pursuant to this section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigare... |
Section 3739.12 | Exemption for out-of-state stamping or packaging.
...of the following: (1) That the state tax stamps were affixed to the cigarettes prior to the effective date of this section; (2) That the inventory that was purchased prior to the effective date of this section is comparable in quantity to the inventory purchased during the same period of the prior year. (C) Nothing in this chapter shall be construed to prohibit the sale of cigarettes solely for the purpo... |
Section 3739.13 | Rules for administration of chapter.
...cessary to administer this chapter. The tax commissioner may adopt rules, pursuant to division (M) of section 5703.05 of the Revised Code and section 5703.14 of the Revised Code, as necessary to enforce this chapter. |
Section 3739.14 | Evaluation of chapter effectiveness.
...The state fire marshal shall periodically evaluate the effectiveness of this chapter. The state fire marshal shall submit a report that consists of the state fire marshal's findings to the general assembly on the first day of the forty-ninth month after the effective date of this section, and every three years after that date. |
Section 3739.15 | Conflicting local laws preempted.
...Notwithstanding any provision of law to the contrary, no political subdivision of this state may enact or enforce any ordinance or other local law or regulation that conflicts with or preempts this chapter or any policy of this state expressed in this chapter. |
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.
...sed 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 any duties specified in this chapter that the state, either department, the division,... |
Section 3739.18 | Manufacturer's certification fee - enforcement and prevention funds.
...vention programs. If the department of taxation has expenses for the storage or destruction of cigarettes as required by this chapter, the state fire marshall also may use the fund to compensate the department of taxation for those expenses. |
Section 3739.99 | Civil penalties for violation of chapter.
...exceed twenty-five thousand dollars for sales or offers to sell during any thirty-day period. (D) A manufacturer that is a corporation, partnership, sole proprietorship, limited partnership, or association who knowingly violates division (D) of section 3739.07 of the Revised Code is liable for a civil penalty of at least seventy-five thousand dollars, not to exceed two hundred fifty thousand dollars for each... |
Section 3740.01 | Definitions.
...As used in this chapter: (A) "Community-based long-term care provider" means a provider, as defined in section 173.39 of the Revised Code. (B) "Community-based long-term care subcontractor" means a subcontractor, as defined in section 173.38 of the Revised Code. (C) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code. (D) "Direct care" means any of the following: (1)... |
Section 3740.02 | License requirements.
...Beginning one year after the effective date 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 servic... |
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.
...(A) Except as provided in section 3740.07 of the Revised Code and in division (B) of this section, a license issued under section 3740.04 of the Revised Code is valid for three years. A person seeking to renew the license 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 establis... |
Section 3740.07 | Enforcement.
...(A) For any of the reasons established in rules adopted under section 3740.10 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 o... |
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.
...(A) As used in this section, "applicant" means a person who is under final consideration for employment with a home health agency in a full-time, part-time, or temporary position that involves providing direct care to an individual or is referred to a home health agency by an employment service for such a position. (B) No home health agency shall employ an applicant or continue to employ an employee in a position t... |
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... |