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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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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 ...

Section 3715.84 | Requirements for labeling - misbranding.

...(A) A dietary supplement is not misbranded under section 3715.60 of the Revised Code solely because the label or labeling contains a statement that characterizes the relationship of a nutrient or dietary ingredient to a disease or health-related condition if all of the following conditions are met: (1) The statement does one of the following: (a) Claims a benefit related to a classical nutrient deficiency disease a...

Section 3715.85 | Publication used in connection with sale to consumers of dietary supplement.

...(A) As used in this section, "publication" includes a book chapter, article, or official abstract of a peer-reviewed scientific article prepared by the article's author or the editors of the publication in which the article is published. (B) A publication used in connection with a sale to consumers of a dietary supplement is not considered part of the label of the dietary supplement if the publication meets all of t...

Section 3715.86 | Dietary supplement not considered food additive.

...A dietary supplement is not considered a "food additive" within the meaning given in the federal "Food, Drug, and Cosmetic Act," 21 U.S.C.A. 321(s), as amended.

Section 3715.87 | Drug repository program for donated prescription drugs - definitions.

... to underinsured persons, as defined in rules adopted under section 3715.873 of the Revised Code. "Nonprofit clinic" does not include a hospital, a facility licensed under Chapter 3721. of the Revised Code, or a facility that is operated for profit. (6) "Prescription drug" means any drug to which the following applies: (a) Under the "Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended...

Section 3715.871 | Drugs must be donated at pharmacy, hospital, or nonprofit clinic participating in program.

...ia for participation, as established in rules adopted under section 3715.873 of the Revised Code. Participation in the program by pharmacies, hospitals, and nonprofit clinics is voluntary. Nothing in this or any other section of the Revised Code requires a pharmacy, hospital, or nonprofit clinic to participate in the program. (C) A pharmacy, hospital, or nonprofit clinic participating in the program shall distribu...

Section 3715.872 | Immunity.

...h the provisions of this chapter or the rules adopted under it. (6) In the case of a drug manufacturer, the immunities from civil liability and criminal prosecution granted to another party under divisions (B)(1) and (5) of this section extend to the manufacturer when any drug it manufactures is the subject of an activity conducted under the program. This extension of immunities includes, but is not limited to, imm...

Section 3715.873 | Adoption of rules.

...The state board of pharmacy shall adopt rules governing the drug repository program that establish all of the following: (A) Eligibility criteria for pharmacies, hospitals, and nonprofit clinics to participate in the program, including, in the case of nonprofit clinics, a definition of "underinsured person"; (B) Standards and procedures for accepting, safely storing, and distributing drugs donated or given; (C...

Section 3715.88 | Dangerous drug donation definitions.

...As used in this section and in sections 3715.89 to 3715.92 of the Revised Code: (A) "Expired" has the same meaning as in section 3715.55 of the Revised Code. (B) "National drug code number" means the number registered for a drug pursuant to the listing system established by the United States food and drug administration under the "Drug Listing Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended. (C) "Pharm...

Section 3715.89 | Dangerous drug donation requirements.

...(A) Subject to divisions (B) and (C) of this section, any manufacturer of dangerous drugs, terminal distributor of dangerous drugs, or wholesale distributor of dangerous drugs may donate a dangerous drug, including a dangerous drug that has expired, to a pharmacy school. (B) A dangerous drug donation to a pharmacy school shall meet all of the following requirements: (1) The dangerous drug is not a controlled...

Section 3715.90 | Pharmacy school acceptance of dangerous drug donations.

...(A) A pharmacy school may accept a donation of a dangerous drug if the donation is made in accordance with section 3715.89 of the Revised Code. (B) All of the following apply to a dangerous drug donated to a pharmacy school: (1) The dangerous drug shall be used solely for instructional purposes. (2) The dangerous drug shall not be sold or transferred for consideration of any kind. (3) In accordance with 21 ...

Section 3715.91 | Dangerous drug donation implementing rules.

...Chapter 119. of the Revised Code, adopt rules as necessary to give effect to sections 3715.89 and 3715.90 of the Revised Code.

Section 3715.92 | Immunity of pharmacy school accepting dangerous drugs.

...The state board of pharmacy, any manufacturer of dangerous drugs, terminal distributor of dangerous drugs, or wholesale distributor of dangerous drugs that in good faith donates a dangerous drug under section 3715.89 of the Revised Code, and any pharmacy school that accepts a dangerous drug donation under section 3715.90 of the Revised Code, shall not, in the absence of bad faith, be subject to any of the f...

Section 3715.99 | Penalty.

...(A) Whoever violates section 3715.13 or 3715.38 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates section 3715.22, 3715.25, or 3715.27 of the Revised Code is guilty of a misdemeanor of the fourth degree. (C) Whoever violates section 3715.23 or 3715.34 of the Revised Code is guilty of a misdemeanor of the second degree. (D) Whoever violates section 3715.52 or 3715.65 of the Revised Code ...

Section 3716.01 | Labeling of hazardous substances definitions.

...As used in sections 3716.01 to 3716.07, inclusive, of the Revised Code: (A) "Department" means the department of health. (B) "Director" means the director of health. (C) "Person" includes an individual, partnership, corporation, or association. (D) "Hazardous substance" means any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, or which generates pressu...

Section 3716.02 | Prohibited acts.

...The following acts and the causing thereof are hereby prohibited: (A) The sale or delivery for sale of any misbranded package of a hazardous substance; (B) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to a hazardous substance, if such act is done while the substance is held for sale and which results in the haz...

Section 3716.03 | Director of health - powers and duties.

...e director of health shall: (A) Adopt rules in accordance with Chapter 119. of the Revised Code for the efficient enforcement of section 3716.02 of the Revised Code; (B) Conduct examinations, inspections, and investigations for the purpose of establishing such regulations, through such officers of the department of health or the boards of health, as the director delegates; (C) Designate officers and employee...

Section 3716.04 | Handling of violations not constituting serious danger to public health.

...(A) Whenever the director of health finds or has probable cause to believe that any hazardous substance is misbranded as defined in division (N) of section 3716.01 of the Revised Code, he shall, unless he finds that the article is so misbranded as to constitute a serious danger to the public health, give the manufacturer or distributor, whose name appears on the label, written notice of the suspected violation and an...

Section 3716.05 | Injunctions.

...In addition to the remedies provided in section 3716.04 of the Revised Code, and irrespective of whether or not there exists an adequate remedy at law, the director of health is hereby authorized to apply to the court of common pleas wherein any of the provisions of section 3716.02 are being violated for a temporary or permanent injunction restraining any person from such violation.

Section 3716.06 | Publication of reports - dissemination of information.

...The director of health may cause to be published from time to time reports summarizing any judgments, decrees, or court orders which have been rendered under sections 3716.01 to 3716.07, inclusive, and 3716.99 of the Revised Code, including the nature of the charge and the disposition thereof. The director may also cause to be disseminated information regarding hazardous substances in situations involving, in the op...

Section 3716.07 | Notice and hearing required before violation reported to prosecuting attorney, city director of law, or village counsel.

...Before any violation of section 3716.02 of the Revised Code is reported by the director or board to any prosecuting attorney, city director of law, or village counsel for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and opportunity to present his views, either orally or in writing, with regard to the contemplated proceeding.

Section 3716.08 | Lack of knowledge of misbranding.

...No person shall be held to have violated any of the provisions of sections 3716.01 to 3716.07, inclusive, of the Revised Code, nor be subject to the penalties provided in section 3716.99 of the Revised Code, if such person sells or delivers for sale the hazardous substance which he has purchased for resale where the hazardous substance bears a label at the time of such purchase for resale by such person and such pers...

Section 3716.11 | Placing harmful or hazardous objects in food or confection.

...No person shall do either of the following, knowing or having reasonable cause to believe that any person may suffer physical harm or be seriously inconvenienced or annoyed thereby: (A) Place a pin, needle, razor blade, glass, laxative, drug of abuse, or other harmful or hazardous object or substance in any food or confection; (B) Furnish to any person any food or confection which has been adulterated in violation ...

Section 3716.99 | Penalty.

...(A) Whoever violates section 3716.02 of the Revised Code is guilty of a misdemeanor of the third degree on a first offense. On each subsequent offense such person is guilty of a misdemeanor of the second degree. (B) No person is subject to prosecution for a violation of division (A) of section 3716.02 of the Revised Code with respect to any hazardous substance shipped or delivered for shipment for export to any fore...

Section 3717.01 | Retail food establishments - food safety operations definitions.

... this chapter: (A) "Ohio uniform food safety code" means the food safety and related standards adopted under section 3717.05 of the Revised Code. (B) "Food" means any raw, cooked, or processed edible substance used or intended for use in whole or in part for human consumption. "Food" includes ice, water or any other beverage, food ingredients, and chewing gum. (C) "Retail food establishment" means a premises...