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Section 3715.72 | Administrative procedure - exceptions.

...ure, sale, 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 it...

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...

Section 3715.74 | Governor may declare adulterated consumer product emergency.

...iness that offers consumer products for sale to the general public. (B)(1) Except as provided in division (C) of this section, if the governor has a reasonable basis to believe that one or more units of a consumer product have been adulterated and that further sale or use of the consumer product presents a threat to the public health and safety, the governor may declare an adulterated consumer product emergency and...

Section 3715.80 | Dietary supplement defined.

..." has the meaning given in the federal "Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21 U.S.C.A. 321(ff), as amended.

Section 3715.81 | Dietary supplement to be treated as a food.

...ietary 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.

Section 3715.82 | Adoption of rules.

...ulations promulgated under the federal "Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, et seq., as amended.

Section 3715.83 | Dietary supplement considered to be adulterated.

... this chapter applicable to adulterated food. In any action taken under this section, the burden of proof shall be on the director.

Section 3715.84 | Requirements for labeling - misbranding.

...not been 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 ...

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

...f this chapter applicable to misbranded food. In any action taken under this section, the burden of proof to establish misbranding shall be on the director.

Section 3715.86 | Dietary supplement not considered food additive.

...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.

...the following applies: (a) Under the "Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is required to bear a label containing the legend, "Caution: Federal law prohibits dispensing without prescription" or "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian" or any similar restrictive statement, or the drug may be dispensed only up...

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

...the Revised Code. Except for occasional sales at wholesale by charitable pharmacies, hospitals, and nonprofit clinics, as authorized in rules adopted under section 3715.873 of the Revised Code, drugs that are donated or given to the program may not be resold.

Section 3715.872 | Immunity.

...(A) As used in this section, "health care professional" means any of the following who provide medical, dental, or other health-related diagnosis, care, or treatment: (1) Individuals authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery; (2) Registered nurses licensed under Chapter 4723. of the Revised Code, includ...

Section 3715.873 | Adoption of rules.

...ting in the program may make occasional sales at wholesale, pursuant to section 4729.51 of the Revised Code, of drugs that have been donated or given to the program; (L) Any other standards and procedures the board considers appropriate. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.

Section 3715.88 | Dangerous drug donation definitions.

...ributor of dangerous drugs," and "wholesale distributor of dangerous drugs" have the same meanings as in section 4729.01 of the Revised Code.

Section 3715.89 | Dangerous drug donation requirements.

...istributor 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 substance. (2) Each container in which a dangerous drug is donated contains a single national drug ...

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.

...The state board of pharmacy shall, in accordance with 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.

...istributor 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 following for matters related to the donation or acceptance of the drug: cr...

Section 3715.99 | Penalty.

... or infant formula is sold, offered for sale, or delivered at retail or to the consumer. Each day of violation is a separate offense.

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

...or otherwise held or handled for retail sale. Except when expressly provided otherwise, "retail food establishment" includes a mobile retail food establishment, seasonal retail food establishment, and temporary retail food establishment. As used in this division: (1) "Retail" means the sale of food to a person who is the ultimate consumer. (2) "Prepared" means any action that affects a food, including receivi...

Section 3717.02 | Retail food safety advisory council.

...(A) There is hereby created the retail food safety advisory council. The council shall consist of the director of agriculture or a person the director designates to serve on the director's behalf, the director of health or a person the director designates to serve on the director's behalf, and twelve additional members appointed jointly by the director of agriculture and the director of health, as follows: (1) Three...

Section 3717.03 | Council meetings - duties.

...(A) The retail food safety advisory council shall meet as necessary to fulfill its duties, which include all the following: (1) Making recommendations for the Ohio uniform food safety code; (2) Examining specific food safety issues raised by the director of agriculture or director of health and making recommendations regarding those issues; (3) Mediating unresolved issues among state agencies about the interpretat...

Section 3717.04 | Rules regarding retail food establishments and food service operations.

... state to adopt rules regarding retail food establishments and food service operations. The rules adopted under this chapter shall be applied uniformly throughout this state. All rules adopted under this chapter shall be adopted in accordance with Chapter 119. of the Revised Code. Subject to the approval of the joint committee on agency rule review, portions of the rules may be adopted by referencing all or a...

Section 3717.041 | Joint letter of opinion from directors of agriculture and health.

...of opinion is recommended by the retail food safety advisory council under section 3717.03 of the Revised Code. A letter of opinion shall be issued not later than sixty days after the date the recommendation is received from the council. Each letter of opinion shall provide a detailed interpretation of the rules that are the subject of the retail food safety advisory council's recommendation. Unless rules are adopte...