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Title 37 | Health-Safety-Morals
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Section 3717.05 | Uniform food safety code.

...(A) The director of agriculture and the director of health shall adopt rules establishing standards for safe food handling and sanitation in retail food establishments and food service operations. The rules shall be compiled as the Ohio uniform food safety code, which shall be used by the licensors of retail food establishments and food service operations in ensuring the safe handling of food in this state. All scien...

Section 3717.06 | Agriculture and health department liaisons to be knowledgeable in food safety and foodborne illnesses.

...The director of agriculture shall create within the department of agriculture a position to be filled by an individual knowledgeable in food safety and the epidemiology of foodborne illness. The director of health shall create within the department of health a position to be filled by an individual knowledgeable in food safety rules concerning food service operations and the epidemiology of foodborne illness. The ind...

Section 3717.07 | Uniform methodologies for calculating costs of licensing.

...(A) For purposes of establishing a licensing fee under sections 3717.25 and 3717.45 of the Revised Code, the director of agriculture and the director of health shall adopt rules establishing uniform methodologies for use in calculating the costs of licensing retail food establishments in the categories specified by the director of agriculture and the costs of licensing food service operations in the categories ...

Section 3717.071 | Forms for calculating licensing fees.

...(A) The director of agriculture and director of health shall prescribe forms for use in calculating the licensing fees that may be charged under sections 3717.25 and 3717.45 of the Revised Code. Each licensor that charges licensing fees shall use the forms in calculating its costs according to the uniform methodologies established in rules adopted under section 3717.07 of the Revised Code. (B)(1) If the licensor is ...

Section 3717.08 | Director to promote food safety awareness and education.

... (A) The director of agriculture and director of health shall strive to increase consumer confidence in the state's food supply by promoting food safety awareness and education. The efforts of the director of agriculture and director of health shall be made, when appropriate and available, through partnerships with representatives of retail food establishments, representatives of food service operations, and re...

Section 3717.09 | Certification in food protection.

... (A) In accordance with rules adopted under section 3717.51 of the Revised Code, the director of health shall approve courses of study for certification in food protection as it pertains to retail food establishments and as it pertains to food service operations. Except as provided in division (B) of this section, the director shall certify individuals in food protection who successfully complete a course of study ap...

Section 3717.11 | Board of health surveys.

...(A) Each board of health shall be surveyed for the purpose of determining whether the board is qualified and has the capacity to administer and enforce this chapter and the rules adopted under it and to abide by the Ohio uniform food safety code. If the board licenses or proposes to license retail food establishments, the survey shall be conducted by the director of agriculture. If the board licenses or proposes to ...

Section 3717.111 | Board of health may withdraw as licensor.

...(A) A board of health acting as a licensor of retail food establishments or food service operations may withdraw from serving as licensor of either or both. Before withdrawing as licensor, the board shall provide written notice of its intent to withdraw. If the withdrawal applies to the licensing of retail food establishments, the board shall provide the notice to the director of agriculture. If the withdrawal applie...

Section 3717.12 | Jurisdiction change - licenses to remain valid.

...If all or part of the territory within a health district becomes subject to the jurisdiction of a different board of health, all valid retail food establishment or food service operation licenses issued by the original board of health shall be treated as though issued by the board of health with jurisdiction over the territory and shall remain valid until scheduled to expire unless earlier suspended or revoked by the...

Section 3717.13 | Contracts to conduct inspections and assist licensor by performing routine services.

...A licensor may employ or enter into contracts with qualified persons and government entities to conduct inspections and to assist the licensor by performing routine services in the administration and enforcement of this chapter and the rules adopted under it.

Section 3717.14 | Dogs in outdoor dining areas.

...(A)(1) A retail food establishment or food service operation may allow a person to bring a dog in an outdoor dining area of the establishment or operation in accordance with this section. However, if the dog is a service animal, no establishment or operation shall refuse to allow the dog in the outdoor dining area unless such refusal is authorized under federal and state laws governing service animals. (2) The direc...

Section 3717.21 | License required for retail food establishments - separate licenses.

...Except as provided in section 3717.22 of the Revised Code, no person or government entity shall operate a retail food establishment without a license. A separate license is required for each retail food establishment that a person or government entity operates. No person or government entity shall fail to comply with any other requirement of this chapter applicable to retail food establishments.

Section 3717.22 | Excluded operations and entities.

...(A) The following are not retail food establishments: (1) A food service operation licensed under this chapter, including a food service operation that provides the services of a retail food establishment pursuant to an endorsement issued under section 3717.44 of the Revised Code; (2) An entity exempt under divisions (B)(1) to (9), (11) to (13), or (15) of section 3717.42 of the Revised Code from the requirement ...

Section 3717.221 | Voluntary registration of farm market, farmers market, or farm product auction.

...(A) Either of the following may register with the director of agriculture: (1) A farm market, which is a location where a producer offers fruits, vegetables, and other items for sale; (2) A farm product auction, which is a location where agricultural products, including food products, are offered for sale at auction. (B) The director shall inspect each farm market and farm product auction that registers under t...

Section 3717.23 | Applying for license or renewal of license.

...(A) Each person or government entity seeking a retail food establishment license or the renewal of a license shall apply to the appropriate licensor on a form provided by the licensor. A licensor shall use a form prescribed and furnished to the licensor by the director of agriculture or a form prescribed by the licensor that has been approved by the director. The applicant shall include with the application all info...

Section 3717.24 | License endorsement to provide food service operation services.

...(A) The person or government entity holding a license for a retail food establishment may provide the services of a food service operation within the retail food establishment without obtaining a food service operation license if the person or entity has received from the licensor of retail food establishments an endorsement to provide the services of a food service operation. (B) When the activities of a retail foo...

Section 3717.25 | Fees.

...(A) A licensor may charge fees for issuing and renewing retail food establishment licenses. Any licensing fee charged shall be used solely for the administration and enforcement of the provisions of this chapter and the rules adopted under it applicable to retail food establishments. Any licensing fee charged under this section shall be based on the licensor's costs of regulating retail food establishments, as de...

Section 3717.26 | Transfer of license.

...(A) A licensor may transfer a retail food establishment license under either of the following circumstances: (1) The sale or disposition of the retail food establishment; (2) The relocation of the retail food establishment. (B) A person or government entity may request to receive a retail food establishment license by transfer. A licensor may transfer a license only on determining that the person or government ent...

Section 3717.27 | Inspections.

... (A) All inspections of retail food establishments conducted by a licensor under this chapter shall be conducted according to the procedures and schedule of frequency specified in rules adopted under section 3717.33 of the Revised Code. An inspection may be performed only by an individual registered as an environmental health specialist or environmental health specialist in training under Chapter 3776. of the Revised...

Section 3717.28 | Confidentiality of information.

...Trade secrets and other forms of information that under this chapter are required to be furnished to or are procured by a licensor of retail food establishments shall be for the exclusive use and information of the licensor in the discharge of the licensor's official duties. The information shall not be open to the public or used in any action or proceeding in any court. If the licensor is a board of health, th...

Section 3717.29 | Board of health may suspend or revoke retail food establishment license.

...(A) This section applies when the licensor of retail food establishments is a board of health. (B) A board of health may suspend or revoke a retail food establishment license on determining that the license holder is in violation of any requirement of this chapter or the rules adopted under it applicable to retail food establishments, including a violation evidenced by documented failure to maintain sanitary conditi...

Section 3717.30 | Director of agriculture may suspend or revoke retail food establishment license.

...(A) This section applies when the licensor of retail food establishments is the director of agriculture. (B) The director of agriculture may suspend or revoke a retail food establishment license on determining that a license holder is in violation of the provisions of this chapter or the rules adopted under it pertaining to retail food establishments, including a violation evidenced by documented failure to maintain...

Section 3717.31 | Prosecution and other remedies when board of health is licensor.

...(A) This section applies when the licensor of retail 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. ...

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.

... Pursuant to section 3717.04 of the Revised Code, the director of agriculture shall adopt rules regarding the following: (A) Licensing categories for retail food establishments and licensing requirements for each category, including appropriate practices for the activities performed by a retail food establishment; (B) Standards for collection of food samples from retail food establishments for purposes of identif...