Ohio Revised Code Search
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Section 3717.30 | Director of agriculture may suspend or revoke retail food establishment license.
... clear and present danger to the public health, the director may suspend a license, effective without a hearing. Thereafter, without delay, the director shall afford the license holder an opportunity for hearing. On determining that there is no longer a clear and present danger to the public health, the director may rescind the suspension without a hearing. |
Section 3717.31 | Prosecution and other remedies when board of health is licensor.
...etail food establishments is a board of health. As used in this section, "prosecutor" has the same meaning as in section 2935.01 of the Revised Code. (B) At the request of the board of health, the prosecutor with jurisdiction in the area where a person allegedly has violated section 3717.21 of the Revised Code shall commence a criminal prosecution against the person. At the request of a board of health, the direct... |
Section 3717.32 | Injunction.
...(A) This section applies when the licensor of retail food establishments is the director of agriculture. (B) In addition to other remedies provided by law and irrespective of whether an adequate remedy at law exists, the director of agriculture may apply to the court of common pleas for a temporary or permanent injunction or other appropriate relief concerning the violation of a provision of this chapter or the rule... |
Section 3717.33 | Rules.
... clear and present danger to the public health; (E) Standards and procedures, including a schedule of frequency, for conducting inspections of retail food establishments; (F) Standards and procedures for determining during an inspection whether articles should be removed from use because of a clear and present danger to the public health; (G) Standards and procedures for conducting investigations of complaints ... |
Section 3717.41 | License required for food service operation - separate licenses.
...Except as provided in section 3717.42 of the Revised Code, no person or government entity shall operate a food service operation without a license. A separate license is required for each food service operation a person or government entity operates. No person or government entity shall fail to comply with any other requirement of this chapter applicable to food service operations. |
Section 3717.42 | Exclusions - exemptions from license requirement.
...(A) The following are not food service operations: (1) A retail food establishment licensed under this chapter, including a retail food establishment that provides the services of a food service operation pursuant to an endorsement issued under section 3717.24 of the Revised Code; (2) An entity exempt from the requirement to be licensed as a retail food establishment under division (B) of section 3717.22 of the... |
Section 3717.43 | Application for license or renewal required - temporary license - limitations, display.
...shed to the licensor by the director of health or a form prescribed by the licensor that has been approved by the director. The applicant shall include with the application all information necessary for the licensor to process the application, as requested by the licensor. An application for a food service operation license, other than an application for a mobile or catering food service operation license, shall be... |
Section 3717.44 | Endorsement to provide services of retail food establishment - determination of license required.
...(A) The person or government entity holding a license for a food service operation may provide the services of a retail food establishment within the food service operation without obtaining a retail food establishment license if the person or entity has received from the licensor of food service operations an endorsement to provide the services of a retail food establishment. (B) When the activities of a food servi... |
Section 3717.45 | Fees.
...ncy measure, the licensor shall hold a public hearing regarding the proposed fee. At least twenty days prior to holding a public hearing, the licensor shall give written notice of the hearing to each person or government entity holding a food service operation license that may be affected by the proposed fee. The notice shall be mailed to the last known address of the licensee and shall specify the date, time,... |
Section 3717.46 | Transfer of license.
...(A) A food service operation license may be transferred by the licensor under either of the following circumstances: (1) The sale or disposition of the food service operation; (2) The relocation of the food service operation. (B) A person or government entity may request to receive a food service operation license by transfer. A licensor may transfer a license only on determining that the person or government enti... |
Section 3717.47 | Inspections.
...dividual registered as an environmental health specialist or environmental health specialist in training under Chapter 3776. of the Revised Code. Each inspection shall be recorded on a form prescribed and furnished by the director of health or a form approved by the director that has been prescribed by a board of health acting as licensor. With the assistance of the director, a board acting as licensor, to the extent... |
Section 3717.48 | Confidentiality of information.
...y court. If the licensor is a board of health, the board may share the information with the director of health and director of agriculture. If the licensor is the director of health, the director may share the information with the director of agriculture. The licensor shall maintain the confidentiality of the information, except that the information may be consolidated in statistical tables and published by the lic... |
Section 3717.49 | Licensor may suspend or revoke food service operation license.
...sents an immediate danger to the public health, prior to initiating action to suspend or revoke a food service operation license, the licensor shall give the license holder written notice specifying each violation and a reasonable time within which each violation must be corrected to avoid suspension or revocation of the license. The licensor may extend the time specified in the notice for correcting a violation if t... |
Section 3717.50 | Prosecution and other remedies for violations.
...son. If the licensor is the director of health, the prosecution shall be commenced by the attorney general. If the licensor is a board of health, the prosecution shall be commenced by the prosecutor with jurisdiction in the area where the alleged violation occurred. At the request of a board of health acting as licensor, the director of health shall provide enforcement support to assist in the prosecution of a perso... |
Section 3717.51 | Director of health to adopt rules.
...4 of the Revised Code, the director of health shall adopt rules regarding food service operations, as follows: (A) Licensing categories for food service operations and licensing requirements for each category; (B) Standards and procedures, including a schedule of frequency, for conducting inspections of food service operations; (C) Standards and procedures for conducting investigations of complaints pertaini... |
Section 3717.52 | Director of health to adopt rules.
...ions presenting immediate danger to the public health; (B)(1) Surveys conducted by the director to determine whether boards of health are qualified and have the capacity to administer and enforce the provisions of this chapter and the rules adopted under it applicable to food service operations and to abide by the Ohio uniform food safety code. The rules shall require, as part of a survey, both of the following: ... |
Section 3717.53 | Provision of food nutrition information and consumer incentive items.
...so includes the designation of food as healthy or unhealthy. (2) "Political subdivision" and "local legislation" have the same meanings as in section 905.503 of the Revised Code. (3) "Consumer incentive item" means any licensed media character, toy, game, trading card, contest, point accumulation, club membership, admission ticket, token, code or password for digital access, coupon, voucher, incentive, crayons... |
Section 3717.99 | Penalty.
...Whoever violates section 3717.21 or 3717.41 of the Revised Code is guilty of a misdemeanor of the third degree on a first offense; for a second offense or subsequent offense, such person is guilty of a misdemeanor of the second degree. Each day the violation continues is a separate offense. |
Section 3718.01 | Definitions.
...rface materials or soil. (C) "Board of health" means the board of health of a city or general health district or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code. (D) "Domestic septage" means the liquid or solid material removed from a sewage treatment system, portable toilet, or type III marine sanitation device as defined in 33 C.F.R. 159.3... |
Section 3718.011 | Conditions under which sewage treatment system causes a public health nuisance.
...tment system is causing a public health nuisance if any of the following situations occurs and, after notice by a board of health to the applicable property owner, timely repairs are not made to that system to eliminate the situation: (1) The sewage treatment system is not operating properly due to a missing component, incorrect settings, or a mechanical or electrical failure. (2) There is a blockage in a known... |
Section 3718.012 | Older sewage treatment systems.
... system does not cause a public health nuisance or, if the system is causing a public health nuisance as provided in section 3718.011 of the Revised Code, repairs are made to the system that eliminate the public health nuisance as determined by the applicable board of health. |
Section 3718.02 | Director of health to adopt administrative rules; board of health may adopt more stringent rules.
...nt system from causing a public health nuisance; (21) Define economic impact for purposes of division (B) of this section and section 3718.022 of the Revised Code. The director may adopt other rules under division (A) of this section that the director determines are necessary to implement this chapter and to protect the public health and welfare. At least sixty days prior to adopting a rule under division (A)... |
Section 3718.021 | Board of health may regulate small flow on-site systems; OEPA regulation in default.
...(A) A board of health may regulate the siting, design, installation, operation, monitoring, maintenance, and abandonment of small flow on-site sewage treatment systems in accordance with rules adopted by the director of health under division (A)(13) of section 3718.02 of the Revised Code. If a board of health chooses to regulate small flow on-site sewage treatment systems, the board first shall send written not... |
Section 3718.022 | Consideration of economic impact in adopting rules.
...02 of the Revised Code, the director of health shall consider the economic impact of the rules on property owners, the state of available technology, and the nature and economics of the available alternatives. |
Section 3718.023 | Approval of installation, operation or alteration of sewage treatment systems.
...perly, will not create a public health nuisance and shall require a system to comply with the requirements established in division (B) of this section and other applicable requirements of this chapter. The board shall permit a property owner to select a sewage treatment system for use by the property owner from those systems that have been approved for use in the state, from the least expensive system to the ... |