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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 3715.63 | 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...

Section 3715.64 | Misbranded drug or device.

...(A) A drug or device is misbranded within the meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, if: (1) Its labeling is false or misleading in any particular. (2) It is in package form and does not bear a label containing both of the following: (a) In clearly legible form, the name and place of business of the manufacturer, packer, or distributor; (b) An accurate statement of the quantity of...

Section 3715.65 | Application for new drug required.

...ining and experience to investigate the safety of drugs, provided that the drug is plainly labeled "For investigational use only"; (2) A drug sold in this state at any time prior to the enactment of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, or introduced into interstate commerce at any time prior to the enactment of the "Federal Food, Drug, and Cosmetic Act"; (3) Any drug that is licensed under t...

Section 3715.66 | Adulterated cosmetics.

...(A) A cosmetic is adulterated within the meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, if: (1) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions of use that are customary or usual, except that this provision does not apply to coal-tar h...

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...

Section 3715.68 | False or misleading advertisement.

...(A) An advertisement of food, drug, device, or cosmetic is false if it is false or misleading in any particular. (B) For the purpose of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diph...

Section 3715.69 | Adoption of rules for enforcement.

...The authority to adopt rules for the enforcement of section 3715.02, divisions (E), (G), (H), and (I) of section 3715.60, division (A)(2) of section 3715.64, and section 3715.67 of the Revised Code is vested in the director of agriculture. The authority to adopt rules for the enforcement of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, excluding divisions (E), (G), (H), and (I) of section 3715.60, divi...

Section 3715.70 | Right of entry - examination of samples.

...(A) The director of agriculture or the state board of pharmacy shall have free access at all reasonable hours to any factory, warehouse, 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 ins...

Section 3715.71 | Publication of reports - dissemination of information.

...The director of agriculture or the state board of pharmacy may cause to be published from time to time reports summarizing all judgments, decrees, and court orders that have been rendered under sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, including the nature of the charge and the disposition thereof. The director or board may also cause to be disseminated any information regarding food, drugs, devic...

Section 3715.72 | Administrative procedure - exceptions.

...(A) Sections 3715.01 and 3715.52 to 3715.71, inclusive, of the Revised Code shall be governed by and be administered in accordance with sections 119.01 to 119.13, inclusive, of the Revised Code. (B) Sections 3715.01 and 3715.52 to 3715.71, inclusive, and section 3715.99, of the Revised Code, do not apply when such sections are in conflict with sections 923.41 to 923.55, inclusive, and section 923.99 of the Revised C...

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.

...sents a threat to the public health and safety, the governor may declare an adulterated consumer product emergency and make any of the following executive adulterated consumer product emergency orders: (a) That all units of the consumer product be removed from public display by all retailers; (b) That no units of the consumer product be sold or offered for sale during the adulterated consumer product emergency; ...

Section 3715.80 | Dietary supplement defined.

...As used in sections 3715.80 to 3715.86 of the Revised Code, "dietary supplement" 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.

...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.

Section 3715.82 | Adoption of rules.

...The director of agriculture may adopt rules, in accordance with Chapter 119. of the Revised Code, to administer and enforce sections 3715.80 to 3715.86 of the Revised Code. If rules are adopted, the rules shall be no more restrictive than the regulations 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.

...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.

...(A) As used in this section and in sections 3715.871, 3715.872, and 3715.873 of the Revised Code: (1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code. (2) "Charitable pharmacy" has the same meaning as in section 3719.811 of the Revised Code. (3) "Health care facility" has the same meaning as in section 1337.11 of the Revised Code. (4) "Hospital" has the same meaning as i...

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

...(A) Any pharmacy, drug manufacturer, health care facility, or other person or government entity may donate or give prescription drugs to the drug repository program. Any person or government entity may facilitate the donation or gift of drugs to the program. Drugs may be donated or given only at a pharmacy, hospital, or nonprofit clinic participating in the program. (B) Any pharmacy, hospital, or nonprofit clinic m...

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.

...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.

... U.S.C. 360, as amended. (C) "Pharmacy school" means a school, college, university, or other educational institution that operates a pharmacy program recognized and approved by the state board of pharmacy. (D) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code. (E) "Manufacturer of dangerous drugs," "terminal distributor of dangerous drugs," and "wholesale distributor of dang...

Section 3715.89 | Dangerous drug donation requirements.

...s 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 code number of that drug and no other drugs. (3) If the dangerous drug is of a type that deteriorates with time, the contain...