Regulate imitation meat and egg products

(136th General Assembly)

(Substitute
House Bill Number 10)

AN
ACT

To amend sections 909.07,
921.01, 921.06, 921.11, 921.16, 921.24, 943.26, 3314.03, 3326.11,
3328.24, 3701.132, and 3715.60 and to enact sections 3313.8110,
3345.88, 3715.601, 3715.602, 3715.603, 3715.604, 3715.605, and
5101.5410 of the Revised Code to regulate imitation meat and egg
products and to revise various agriculture laws.

Be
it enacted by the General Assembly of the State of Ohio:

Section
1.
That
sections
909.07,
921.01, 921.06, 921.11, 921.16, 921.24, 943.26,
3314.03,
3326.11, 3328.24, 3701.132, and 3715.60 be amended and sections
3313.8110, 3345.88, 3715.601, 3715.602, 3715.603, 3715.604, 3715.605,
and
5101.5410

of the Revised Code be enacted to read as follows:

Sec.
909.07.
The
board of county commissioners may appoint, with the consent and
concurrence of the director of agriculture,
a

deputy

apiarist
apiarists
.
Except as otherwise specified in this section, a deputy serves at the
pleasure of the applicable board of county commissioners. A deputy
apiarist shall be paid a salary as the board of county commissioners
determines for inspection work and other expenses as are necessarily
incurred directly related to inspection work. Before the board
approves the salary and expenses for payment,
the

a

deputy
apiarist shall submit the same to the director for review.

A
deputy apiarist shall work under the direction of the director and
shall be responsible for the inspection of apiaries in assigned
counties prescribed by the department of agriculture and for the
administration and enforcement of this chapter.

The
director may terminate the appointment of any deputy apiarist if
there is evidence that the deputy has been unethical, negligent,
incompetent, inefficient, or untrustworthy in the discharge of
official duties. A deputy apiarist shall furnish to the director
reports as are required by the director.

Sec.
921.01.
As
used in this chapter:

(A)
"Active ingredient" means any ingredient that will prevent,
destroy, kill, repel, control, or mitigate any pest, or that will act
as a plant regulator, defoliant, or desiccant.

(B)
"Adulterated" shall apply to any pesticide if its strength
or purity is less than or greater than the professed standard or
quality as expressed on its labeling or under which it is sold, if
any substance has been substituted wholly or in part for the
pesticide, or if any valuable constituent of the pesticide has been
wholly or in part abstracted.

(C)
"Agricultural commodity" means any plant or part thereof or
animal or animal product, produced for commercial use by a person,
including farmers, ranchers, vineyardists, plant propagators,
Christmas tree growers, aquaculturists, floriculturists, orchardists,
foresters, or other comparable persons, primarily for the sale,
consumption, propagation, or other use, by humans or animals.

(D)
"Aircraft" means any device used or designed for navigation
or flight in the air, except a parachute or other device used
primarily as safety equipment.

(E)
"Animal" means all vertebrate and invertebrate species,
including, but not limited to, humans and other mammals, birds, fish,
and shellfish.

(F)
"Authorized diagnostic inspection" means a diagnostic
inspection conducted by a commercial applicator in the pesticide-use
category in which the commercial applicator is licensed under this
chapter.

(G)
"Beneficial insects" means those insects that, during their
life cycle, are effective pollinators of plants, are parasites or
predators of pests, or are otherwise beneficial.

(H)
"Brand" means any word, name, symbol, device, or
combination thereof, that serves to distinguish the pesticide
manufactured or distributed by one person from that manufactured or
distributed by any other person.

(I)
"Pesticide applicator" means a commercial applicator or a
private applicator.

(J)
"Private applicator" means an individual who is licensed
under section 921.11 of the Revised Code.

(K)
"Commercial applicator" means an individual who is licensed
under section 921.06 of the Revised Code to apply pesticides or to
conduct authorized diagnostic inspections.

(L)
"Competent" means properly qualified as evidenced by
passing the general examination and each applicable pesticide-use
category examination for the pesticide-use categories in which a
person applies pesticides and, in the case of a person who is a
commercial applicator, conducts diagnostic inspections and by meeting
any other criteria established by rule.

(M)
"Federal act" means the "Federal Insecticide,
Fungicide and Rodenticide Act," 61 Stat. 163 (1947), 7 U.S.C.A.
136, as amended.

(N)
"Defoliant" means any substance or mixture of substances
intended for causing the leaves or foliage to drop from a plant, with
or without causing abscission.

(O)
"Desiccant" means any substance or mixture of substances
intended for artificially accelerating the drying of plant tissue.

(P)
"Device" means any instrument or contrivance, other than a
firearm, that is intended for trapping, destroying, repelling, or
mitigating any pest or any other form of plant or animal life, other
than human beings and other than bacteria, virus, or other
microorganism on or in living human beings or other living animals.
"Device" does not include equipment used for the
application of pesticides when sold separately therefrom.

(Q)
"Direct supervision" means
,
unless

any of the following, as applicable:

(1)
Unless otherwise prescribed by its labeling, a restricted use
pesticide is considered to be applied under the direct supervision of
a commercial applicator, if it is applied by a trained serviceperson
who is trained in accordance with standards prescribed by the
director under section 921.16 of the Revised Code and who is acting
under the instructions and control of a commercial applicator.

(2)
Unless
otherwise
prescribed by its labeling, a general use pesticide is considered to
be applied under the direct supervision of a commercial applicator,
if it is applied by a trained serviceperson acting under the
instructions and control of a commercial applicator.

(3)
Unless otherwise prescribed by its labeling, a restricted use
pesticide is considered to be used under the direct supervision of a
private applicator if all of the following apply:

(a)
The restricted use pesticide is used by an immediate family member or
a subordinate employee of that private applicator.

(b)
The immediate family member or a subordinate employee of that private
applicator is trained in accordance with standards prescribed by the
director of agriculture under section 921.16 of the Revised Code and
is acting under the instructions and control of the private
applicator.

(c)
The private applicator is responsible for the actions of that
immediate family member or subordinate employee and is available when
needed, even though the private applicator is not physically present
at the time and place the restricted use pesticide use is occurring.

(R)
"Directly supervise" means providing direct supervision
under division
(Q)
(Q)(1),
(2), or (3)

of this section
,
as applicable
.

(S)
"Distribute" means to offer or hold for sale, sell, barter,
ship, deliver for shipment, or receive and, having so received, to
deliver or offer to deliver, pesticides in this state. "Distribute"
does not mean to hold for use, apply, or use pesticides or dilutions
of pesticides, except when a pesticide dealer holds for use, applies,
or uses pesticides or dilutions of pesticides in the course of
business with a commercial applicator who is employed by that
pesticide dealer.

(T)
"Environment" includes water, air, land, and all plants and
human beings and other animals living therein, and the
interrelationships that exist among them.

(U)
"Fungus" means any nonchlorophyll-bearing thallophyte,
which is any nonchlorophyll-bearing plant of a lower order than
mosses and liverworts, as for example, rust, smut, mildew, mold,
yeast, and bacteria, except those on or in living human beings or
other animals, or processed food, beverages, or pharmaceuticals.

(V)
"General use pesticide" means a pesticide that is
classified for general use under the federal act.

(W)
"Ground equipment" means any device, other than aircraft,
used on land or water to apply pesticides in any form.

(X)
"Incidental use" or "incidentally use" means the
application of a general use pesticide on an occasional, isolated,
site-specific basis in order to avoid immediate personal harm.
"Incidental use" or "incidentally use" does not
mean regular, routine, or maintenance application of a general use
pesticide.

(Y)
"Inert ingredient" means an ingredient that is not active.

(Z)
"Ingredient statement" means a statement of the name and
percentage of each active ingredient, together with the total
percentage of inert ingredients. When the pesticide contains arsenic
in any form, the ingredient statement shall include percentages of
total and water soluble arsenic, each calculated as elemental
arsenic.

(AA)
"Insect" means any of the numerous small invertebrate
animals generally having the body more or less obviously segmented,
for the most part belonging to the class insecta, including, but not
limited to, beetles, bugs, bees, and flies, and to other allied
classes of arthropods, including, but not limited to, spiders, mites,
ticks, centipedes, and wood lice.

(BB)
"Integrated pest management" means a sustainable approach
to managing pests by combining biological, cultural, physical, and
chemical tools in a way that minimizes economic, health, and
environmental risks.

(CC)
"Label" means the written, printed, or graphic matter on,
or attached to the pesticide or device, or any of its containers or
wrappers.

(DD)
"Labeling" means all labels and other written, printed, or
graphic matter:

(1)
Accompanying the pesticide product or device at any time;

(2)
To which reference is made on the label or in literature accompanying
the pesticide product or device, except when accurate, nonmisleading
reference is made to current official publications of the United
States environmental protection agency, the United States department
of agriculture or interior, the United States department of health
and human services, state experiment stations, state agricultural
colleges, or other similar federal or state institutions or official
agencies, authorized by law to conduct research in the field of
pesticides;

(3)
Including all brochures, technical and sales bulletins, and all
advertising material.

(EE)
"Licensure" includes certification as used in the federal
act.

(FF)
"Misbranded" applies, if the conditions of either division
(FF)(1) or (2) of this section are satisfied as follows:

(1)
To any pesticide or device, if at least one of the following occurs:

(a)
Its labeling bears any statement, design, or graphic representation
relative thereto or to its ingredients that is false or misleading in
any particular.

(b)
It is an imitation of or is distributed under the name of another
pesticide or device.

(c)
Any word, statement, or other information required to appear on the
label or labeling is not prominently placed thereon with such
conspicuousness, as compared with other words, statements, designs,
or graphic matter in the labeling, and in such terms as to render it
likely to be read and understood by the ordinary individual under
customary conditions of purchase and use.

(2)
To any pesticide, if at least one of the following occurs:

(a)
The labeling of a restricted use pesticide does not contain a
statement that it is a restricted use pesticide.

(b)
The labeling accompanying it does not contain directions for use that
are necessary for effecting the purpose for which the pesticide is
intended and, if complied with, together with any requirements
imposed by the federal act, that are adequate to protect the
environment.

(c)
The label does not bear all of the following:

(i)
The name, brand, or trademark under which the pesticide is
distributed;

(ii)
An ingredient statement on the part of the immediate container and on
the outside container and wrapper of the retail package, if any,
through which the ingredient statement on the immediate container
cannot be clearly read, which is presented or displayed under
customary conditions of purchase, provided that the ingredient
statement may appear prominently on another part of the container as
permitted by the amended federal act or by the director;

(iii)
A warning or caution statement that may be necessary and that, if
complied with together with any requirement imposed under the federal
act, would be adequate to protect the environment;

(iv)
The net weight or measure of the contents, subject to such reasonable
variations as the administrator of the United States environmental
protection agency or the director of agriculture may permit;

(v)
The name and address of the manufacturer, registrant, or person for
whom manufactured;

(vi)
The United States environmental protection agency registration number
assigned to each establishment in which the pesticide was produced
and the agency registration number assigned to it, as required by
regulations under the federal act.

(d)
The pesticide contains any substance or substances in quantities
highly toxic to human beings unless the label bears, in addition to
other label requirements, all of the following:

(i)
The skull and crossbones;

(ii)
The word "poison" in red prominently displayed on a
background of distinctly contrasting color;

(iii)
A statement of an antidote or a practical or emergency medical
treatment, first aid or otherwise, in case of poisoning by the
pesticide.

(e)
It is contained in a package or other container or wrapping that does
not conform to the standard established by the administrator of the
United States environmental protection agency.

(GG)
"Nematodes" means invertebrate animals of the phylum
nemathelminthes and class nematoda, which are unsegmented, round
worms with elongated, fusiform, or sac-like bodies covered with
cuticle, and that inhabit soil, water, plants, or plant parts and
also may be called nema or eel-worms.

(HH)
"Pest" means a harmful, destructive, or nuisance insect,
fungus, rodent, nematode, bacterium, bird, snail, weed, or parasitic
plant or a harmful or destructive form of plant or animal life or
virus, or any plant or animal species that the director declares to
be a pest, except viruses, bacteria, or other microorganisms on or in
living animals, including human beings.

(II)
"Pesticide" means any substance or mixture of substances
intended for either of the following:

(1)
Preventing, destroying, repelling, or mitigating any pest;

(2)
Use as a plant regulator, defoliant, or desiccant.

"Pesticide"
includes a pest monitoring system designated by rule.

(JJ)
"Pesticide dealer" means any person who distributes
restricted use pesticides or pesticides whose uses or distribution
are further restricted by the director to the ultimate user or to a
commercial applicator who is employed by that pesticide dealer.

(KK)
"Pesticide business" means a person who performs pesticide
business activities.

(LL)
"Pesticide business activities" means any of the following:

(1)
The application of pesticides to the property of another for hire;

(2)
The solicitation to apply pesticides;

(3)
The conducting of authorized diagnostic inspections.

(MM)
"Pesticide-use category" means a specialized field of
pesticide application or of diagnostic inspection as defined by rule.

(NN)
"Plant regulator" means any substance or mixture of
substances, intended, through physiological action, for accelerating
or retarding the growth or rate of maturation, or for otherwise
altering the behavior of plants or the produce thereof, but does not
include substances to the extent that they are intended as plant
nutrients, trace elements, nutritional chemicals, plant inoculants,
or soil amendments.

(OO)
"Product name" means a coined or specific designation
applied to an individual pesticide of a fixed combination and
derivation.

(PP)
"Registrant" means a person who has registered a pesticide
under this chapter.

(QQ)
"Restricted use pesticide" means any pesticide or pesticide
use classified by the administrator of the United States
environmental protection agency for use only by a pesticide
applicator

or by an individual who is trained in accordance with standards
prescribed by the director under section 921.16 of the Revised Code
and who is working under the direct supervision of a pesticide
applicator
.

(RR)
"Rule" means a rule adopted under section 921.16 of the
Revised Code.

(SS)
"Sell or sale" means exchange of ownership or transfer of
custody.

(TT)
"State restricted use pesticide" means any pesticide or
pesticides classified by the director subsequent to a hearing held in
accordance with Chapter 119. of the Revised Code for use only by
pesticide applicators

or individuals who are trained in accordance with standards
prescribed by the director under section 921.16 of the Revised Code
and who are working under their direct supervision
.

(UU)
"Unreasonable adverse effects on the environment" means any
unreasonable risk to human beings or the environment taking into
account the economic, social, and environmental benefits and costs of
the use of any pesticide.

(VV)
"Trained serviceperson" means an employee of a pesticide
business, other business, agency of the United States government,
state agency, or political subdivision who has been trained to
apply
general use
do
either of the following:

(1)
Apply
pesticides
while under the direct supervision of a commercial applicator
;

(2)
Use restricted use pesticides after being trained in accordance with
standards prescribed by the director under section 921.16 of the
Revised Code and while working under the direct supervision of a
commercial applicator
.

(WW)
"Weed" means any plant that grows where not wanted.

(XX)
"Wildlife" means all living things that are neither human,
domesticated, or pests, including, but not limited to, mammals,
birds, and aquatic life.

(YY)
"Trade secret" and "confidential business information"
mean any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production date, or compilation of information that is not
patented, that is known only to certain individuals within a
commercial concern, and that gives its user an opportunity to obtain
a business advantage over competitors who do not know or use it.

(ZZ)
"Immediate family" means familial relationships limited to
a person's spouse, parents, stepparents, foster parents,
father-in-law, mother-in-law, children, stepchildren, foster
children, sons-in-law, daughters-in-law, grandparents, grandchildren,
brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles,
nieces, nephews, and first cousins.

(AAA)
"First cousin" means the child of a parent's sibling.

Sec.
921.06.
(A)(1)
No individual shall do any of the following without having a
commercial applicator license issued by the director of agriculture:

(a)
Apply pesticides for a pesticide business without direct supervision;

(b)
Apply pesticides as part of the individual's duties while acting as
an employee of the United States government, a state, county,
township, or municipal corporation, or a park district, port
authority, or sanitary district created under Chapter 1545., 4582.,
or 6115. of the Revised Code, respectively;

(c)
Apply restricted use pesticides. Division (A)(1)(c) of this section
does not apply to a private applicator

or an immediate family member or a subordinate employee of a private
applicator who is trained in accordance with standards prescribed by
the director under section 921.16 of the Revised Code and who is
acting under the direct supervision of that private applicator
.

(d)
If the individual is the owner of a business other than a pesticide
business or an employee of such an owner, apply pesticides at any of
the following publicly accessible sites that are located on the
property:

(i)
Food service operations that are licensed under Chapter 3717. of the
Revised Code;

(ii)
Retail food establishments that are licensed under Chapter 3717. of
the Revised Code;

(iii)
Golf courses;

(iv)
Rental properties of more than four apartment units at one location;

(v)
Hospitals or medical facilities as defined in section 3701.01 of the
Revised Code;

(vi)
Child care centers or licensed school child programs as defined in
section 5104.01 of the Revised Code;

(vii)
Facilities owned or operated by a school district established under
Chapter 3311. of the Revised Code, including an educational service
center, a community school established under Chapter 3314. of the
Revised Code, or a chartered or nonchartered nonpublic school that
meets minimum standards established by the director of education and
workforce;

(viii)
State institutions of higher education as defined in section 3345.011
of the Revised Code, nonprofit institutions holding a certificate of
authorization pursuant to Chapter 1713. of the Revised Code,
institutions holding a certificate of registration from the state
board of career colleges and schools and program authorization for an
associate or bachelor's degree program issued under section 3332.05
of the Revised Code, and private institutions exempt from regulation
under Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code;

(ix)
Food processing establishments as defined in section 3715.021 of the
Revised Code;

(x)
Any other site designated by rule.

(e)
Conduct authorized diagnostic inspections.

(2)
Divisions (A)(1)(a) to (d) of this section do not apply to an
individual who is acting as a trained serviceperson under the direct
supervision of a commercial applicator.

(3)
Licenses shall be issued for a period of time established by rule and
shall be renewed in accordance with deadlines established by rule.
The fee for each such license shall be established by rule. If a
license is not issued or renewed, the application fee shall be
retained by the state as payment for the reasonable expense of
processing the application. The director shall by rule classify by
pesticide-use category licenses to be issued under this section. A
single license may include more than one pesticide-use category. No
individual shall be required to pay an additional license fee if the
individual is licensed for more than one category.

The
fee for each license or renewal does not apply to an applicant who is
an employee of the department of agriculture whose job duties require
licensure as a commercial applicator as a condition of employment.

(B)
Application for a commercial applicator license shall be made on a
form prescribed by the director. Each application for a license shall
state the pesticide-use category or categories of license for which
the applicant is applying and other information that the director
determines essential to the administration of this chapter.

(C)(1)
Except as provided in division (C)(2) of this section, if the
director finds that the applicant is competent to apply pesticides
and conduct diagnostic inspections and that the applicant has passed
both the general examination and each applicable pesticide-use
category examination as required under division (A) of section 921.12
of the Revised Code, the director shall issue a commercial applicator
license limited to the pesticide-use category or categories for which
the applicant is found to be competent. If the director rejects an
application, the director may explain why the application was
rejected, describe the additional requirements necessary for the
applicant to obtain a license, and return the application. The
applicant may resubmit the application without payment of any
additional fee.

(2)
The director shall issue a commercial applicator license in
accordance with Chapter 4796. of the Revised Code to an individual if
either of the following applies:

(a)
The individual holds a commercial applicator license in another
state.

(b)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a commercial applicator in a state that does not issue
that license.

A
license issued under this division shall be limited to the
pesticide-use category or categories for which the applicant is
licensed in another state or has satisfactory work experience, a
government certification, or a private certification in that state.

(D)(1)
A person who is a commercial applicator shall be deemed to hold a
private applicator's license for purposes of applying pesticides on
agricultural commodities that are produced by the commercial
applicator.

(2)
A commercial applicator shall apply pesticides only in the
pesticide-use category or categories in which the applicator is
licensed under this chapter.

(E)
All money collected under this section shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

Sec.
921.11.
(A)
As used in this section, "use" means any of the following:

(1)
Performing pre-application activities involving mixing and loading
the pesticide;

(2)
Applying the pesticide

by a commercial applicator or private applicator
,
including supervising the use of a pesticide by a noncertified
applicator
;

(3)
Performing other pesticide-related activities, including transporting
or storing pesticide containers that have been opened, cleaning
equipment, and disposing of excess pesticides, spray mix, equipment
wash waters, pesticide containers, and other pesticide-containing
materials.

(B)
No individual shall use restricted use pesticides unless the
individual is one of the following:

(1)
Licensed under section 921.06 of the Revised Code;

(2)
Licensed under division
(C)
(D)

of this section
;

(3)
A trained serviceperson who is trained in accordance with standards
prescribed by the director under section 921.16 of the Revised Code
and who is acting under the direct supervision of a commercial
applicator;

(4)
An immediate family member or a subordinate employee of a private
applicator who is trained in accordance with standards prescribed by
the director under section 921.16 of the Revised Code and who is
acting under the direct supervision of that private applicator
.

(C)(1)
Subject to division (C)(2)
(C)
No individual shall directly supervise the application of a
restricted use pesticide unless the individual is one of the
following:

(1)
Licensed under section 921.06 of the Revised Code;

(2)
Licensed under division (D) of this section.

(D)(1)
Subject to division (D)(2)

of this section, the director of agriculture shall adopt rules to
establish standards and procedures for the licensure of private
applicators. An individual shall apply for a private applicator
license to the director, on forms prescribed by the director. The
individual shall include in the application the pesticide-use
category or categories of the license for which the individual is
applying and any other information that the director determines is
essential to the administration of this chapter. The fee for each
license shall be established by rule. Licenses shall be issued for a
period of time established by rule and shall be renewed in accordance
with deadlines established by rule. If a license is not issued or
renewed, the state shall retain any fee submitted as payment for
reasonable expenses of processing the application.

(2)
The director shall issue a private applicator license in accordance
with Chapter 4796. of the Revised Code to an individual if either of
the following applies:

(a)
The individual holds a private applicator license in another state.

(b)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a private applicator in a state that does not issue that
license.

A
license issued under this division shall be limited to the
pesticide-use category or categories for which the applicant is
licensed in another state or has satisfactory work experience, a
government certification, or a private certification in that state.

(D)
(E)

An individual who is licensed under this section shall use
or
directly supervise the use of
a
restricted use pesticide only for the purpose of producing
agricultural commodities on property that is owned or rented by the
individual or the individual's employer.

(E)
(F)

All money collected under this section shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

Sec.
921.16.
(A)
The director of agriculture shall adopt rules the director determines
necessary for the effective enforcement and administration of this
chapter. The rules may relate to, but are not limited to, the time,
place, manner, and methods of application, materials, and amounts and
concentrations of application of pesticides, may restrict or prohibit
the use of pesticides in designated areas during specified periods of
time, and shall encompass all reasonable factors that the director
determines necessary to minimize or prevent damage to the
environment. In addition, the rules shall establish the deadlines and
time periods for registration, registration renewal, late
registration renewal, and failure to register under section 921.02 of
the Revised Code; the fees for registration, registration renewal,
late registration renewal, and failure to register under section
921.02 of the Revised Code that shall apply until the fees that are
established under that section take effect on January 1, 2007; and
the fees, deadlines, and time periods for licensure and license
renewal under sections 921.06, 921.09, 921.11, and 921.13 of the
Revised Code.

(B)
The director shall adopt rules that establish a schedule of civil
penalties for violations of this chapter, or any rule or order
adopted or issued under it, provided that the civil penalty for a
first violation shall not exceed five thousand dollars and the civil
penalty for each subsequent violation shall not exceed ten thousand
dollars. In determining the amount of a civil penalty for a
violation, the director shall consider factors relevant to the
severity of the violation, including past violations and the amount
of actual or potential damage to the environment or to human beings.
All money collected under this division shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

(C)
The director shall adopt rules that set forth the conditions under
which the director:

(1)
Requires that notice or posting be given of a proposed application of
a pesticide;

(2)
Requires inspection, condemnation, or repair of equipment used to
apply a pesticide;

(3)
Will suspend, revoke, or refuse to issue any pesticide registration
for a violation of this chapter;

(4)
Requires safe handling, transportation, storage, display,
distribution, and disposal of pesticides and their containers;

(5)
Ensures the protection of the health and safety of agricultural
workers storing, handling, or applying pesticides, and all residents
of agricultural labor camps, as that term is defined in section
3733.41 of the Revised Code, who are living or working in the
vicinity of pesticide-treated areas;

(6)
Requires a record to be kept of all pesticide applications made by
each commercial applicator and
of
all general use applications made
by
any trained serviceperson acting under the commercial applicator's
direct supervision and of all restricted use pesticide applications
made by each private applicator
and
by any immediate family member or subordinate employee of that
private applicator who is acting under the private applicator's
direct supervision
as
required under section 921.14 of the Revised Code;

(7)
Determines the pesticide-use categories of diagnostic inspections
that must be conducted by a commercial applicator;

(8)
Requires a record to be kept of all diagnostic inspections conducted
by each commercial applicator and by any trained service person.

(D)
The director shall prescribe standards for the licensure of
applicators of pesticides
and
the training of those supervised by commercial applicators or private
applicators in the use of restricted use pesticides
consistent
with those prescribed by the federal act and the regulations adopted
under it or prescribe standards that are more restrictive than those
prescribed by the federal act and the regulations adopted under it.
The standards may relate to the use of a pesticide or to an
individual's pesticide-use category.

The
director shall take into consideration standards of the United States
environmental protection agency.

(E)
The director may adopt rules setting forth the conditions under which
the director will:

(1)
Collect and examine samples of pesticides or devices;

(2)
Specify classes of devices that shall be subject to this chapter;

(3)
Prescribe other necessary registration information.

(F)
The director may adopt rules that do either or both of the following:

(1)
Designate, in addition to those restricted uses so classified by the
administrator of the United States environmental protection agency,
restricted uses of pesticides for the state or for designated areas
within the state and, if the director considers it necessary, to
further restrict such use;

(2)
Define what constitutes "acting under the instructions and
control of a commercial applicator" as used in the definition of
"direct supervision" in division (Q) of section 921.01 of
the Revised Code. In adopting a rule under division (F)(2) of this
section, the director shall consider the factors associated with the
use of pesticide in the various pesticide-use categories. Based on
consideration of the factors, the director may define "acting
under the instructions and control of a commercial applicator"
to include communications between a commercial applicator and a
trained serviceperson that are conducted via landline telephone or a
means of wireless communication. Any rules adopted under division
(F)(2) of this section shall be drafted in consultation with
representatives of the pesticide industry.

(G)
Except as provided in division (D) of this section, the director
shall not adopt any rule under this chapter that is inconsistent with
the requirements of the federal act and regulations adopted
thereunder.

(H)
The director, after notice and opportunity for hearing, may declare
as a pest any form of plant or animal life, other than human beings
and other than bacteria, viruses, and other microorganisms on or in
living human beings or other living animals, that is injurious to
health or the environment.

(I)
The director may make reports to the United States environmental
protection agency, in the form and containing the information the
agency may require.

(J)
The director shall adopt rules for the application, use, storage, and
disposal of pesticides if, in the director's judgment, existing
programs of the United States environmental protection agency
necessitate such rules or pesticide labels do not sufficiently
address issues or situations identified by the department of
agriculture or interested state agencies.

(K)
The director shall adopt rules establishing all of the following:

(1)
Standards, requirements, and procedures for the examination and
re-examination of commercial applicators and private applicators;

(2)
With respect to training programs that the director may require
commercial applicators and private applicators to complete:

(a)
Standards and requirements that a training program must satisfy in
order to be offered by the director or the director's representative
or in order to be approved by the director if a third party wishes to
offer it;

(b)
Eligibility standards and requirements that must be satisfied by
third parties who wish to provide the training programs;

(c)
Procedures that third parties must follow in order to submit a
proposed training program to the director for approval;

(d)
Criteria that the director must consider when determining whether to
authorize a commercial applicator or private applicator to
participate in a training program instead of being required to pass a
re-examination.

(3)
Training requirements for a trained serviceperson.

(L)
The director shall adopt all rules under this chapter in accordance
with Chapter 119. of the Revised Code.

Sec.
921.24.
No
person shall do any of the following:

(A)
Apply, use, directly supervise such application or use, or recommend
a pesticide for use inconsistent with the pesticide's labeling,
treatment standards, or other restrictions imposed by the director of
agriculture;

(B)
Act as a commercial applicator without being licensed to do so;

(C)
Use any restricted use pesticide, unless the person is
licensed

one
of the following:

(1)
Licensed
to
do so under this chapter;

(2)
A trained serviceperson who is trained in accordance with standards
prescribed by the director under section 921.16 of the Revised Code
and who is acting under the direct supervision of a commercial
applicator;

(3)
An immediate family member or a subordinate employee of a private
applicator who is trained in accordance with standards prescribed by
the director under section 921.16 of the Revised Code and who is
acting under the direct supervision of that private applicator.

(D)
Refuse or fail to keep or maintain records required by the director
in rules adopted under this chapter, or to make reports when and as
required by the director in rules adopted under this chapter;

(E)
Falsely or fraudulently represent the effect of pesticides or methods
to be utilized;

(F)
Apply known ineffective or improper materials;

(G)
Operate in a negligent manner, which includes the operation of faulty
or unsafe equipment;

(H)
Impersonate any federal, state, county, or municipal official;

(I)
Make false or fraudulent records, invoices, or reports;

(J)
Fail to provide training to trained servicepersons in the application
of general use
or
restricted use
pesticides
,
as applicable
;

(K)
Fail to provide direct supervision as specified in rules adopted
under division (C) of section 921.16 of the Revised Code;

(L)
Distribute a misbranded or adulterated pesticide;

(M)
Use fraud or misrepresentation in making application for a license or
registration or renewal of a license or registration;

(N)
Refuse, fail, or neglect to comply with any limitation or restriction
of a license or registration issued under this chapter or rules
adopted thereunder;

(O)
Aid or abet a licensee or another person in violating this chapter or
rules adopted thereunder;

(P)
Make a false or misleading statement in an inspection concerning any
infestation of pests or the use of pesticides;

(Q)
Refuse or fail to comply with this chapter, the rules adopted
thereunder, or any lawful order of the director;

(R)
Distribute restricted use pesticides to the ultimate user without a
pesticide dealer's license;

(S)
Except as provided in division (F) of section 921.26 of the Revised
Code, distribute restricted use pesticides to an ultimate user who is
not licensed under section 921.06 or 921.11 of the Revised Code and
rules adopted under this chapter;

(T)
Use any pesticide that is under an experimental use permit contrary
to the provisions of the permit;

(U)
Engage in fraudulent business practices;

(V)
Dispose of any pesticide product or container in such a manner as to
have unreasonable adverse effects on the environment;

(W)
Display any pesticide in any manner to produce unreasonable adverse
effects on the environment, or to contaminate adjacent food, feed, or
other products;

(X)
Apply any pesticide by aircraft without being licensed as a
commercial applicator;

(Y)
Distribute a pesticide that is not registered with the director;

(Z)
Fail to properly supervise a trained serviceperson.

Sec.
943.26.
The
animal and consumer protection fund is created in the state treasury.
The fund shall consist of livestock dealer or broker fees and civil
penalties collected under this chapter, all money collected through
the issuance of licenses to captive whitetail deer licensees under
this chapter and any other money credited to it under the Revised
Code. The director of agriculture shall use money in the fund to
administer
sections
943.20 to 943.26 of the Revised Code
this
chapter
and
rules and Chapters
904.,

935.
,

and 942. of the Revised Code and rules adopted under those chapters.

Sec.
3313.8110.
(A)
The board of education of each city, exempted village, local, and
joint vocational school district shall adopt a policy to prevent the
purchase of a food that is either of the following:

(1)
Misbranded as a meat product or an egg product as prohibited in
section 3715.602 of the Revised Code;

(2)
A cultivated-protein food product as defined in section 3715.601 of
the Revised Code.

(B)
The department of education and workforce shall adopt a policy to
prevent the purchase of a food that is either of the following:

(1)
Misbranded as a meat product or an egg product as prohibited in
section 3715.602 of the Revised Code;

(2)
A cultivated-protein food product.

Sec.
3314.03.
A
copy of every contract entered into under this section shall be filed
with the director of education and workforce. The department of
education and workforce shall make available on its web site a copy
of every approved, executed contract filed with the director under
this section.

(A)
Each contract entered into between a sponsor and the governing
authority of a community school shall specify the following:

(1)
That the school shall be established as either of the following:

(a)
A nonprofit corporation established under Chapter 1702. of the
Revised Code, if established prior to April 8, 2003;

(b)
A public benefit corporation established under Chapter 1702. of the
Revised Code, if established after April 8, 2003.

(2)
The education program of the school, including the school's mission,
the characteristics of the students the school is expected to
attract, the ages and grades of students, and the focus of the
curriculum;

(3)
The academic goals to be achieved and the method of measurement that
will be used to determine progress toward those goals, which shall
include the statewide achievement assessments;

(4)
Performance standards, including but not limited to all applicable
report card measures set forth in section 3302.03 or 3314.017 of the
Revised Code, by which the success of the school will be evaluated by
the sponsor;

(5)
The admission standards of section 3314.06 of the Revised Code and,
if applicable, section 3314.061 of the Revised Code;

(6)(a)
Dismissal procedures;

(b)
A requirement that the governing authority adopt an attendance policy
that includes a procedure for automatically withdrawing a student
from the school if the student without a legitimate excuse fails to
participate in seventy-two consecutive hours of the learning
opportunities offered to the student.

(7)
The ways by which the school will achieve racial and ethnic balance
reflective of the community it serves;

(8)
Requirements for financial audits by the auditor of state. The
contract shall require financial records of the school to be
maintained in the same manner as are financial records of school
districts, pursuant to rules of the auditor of state. Audits shall be
conducted in accordance with section 117.10 of the Revised Code.

(9)
An addendum to the contract outlining the facilities to be used that
contains at least the following information:

(a)
A detailed description of each facility used for instructional
purposes;

(b)
The annual costs associated with leasing each facility that are paid
by or on behalf of the school;

(c)
The annual mortgage principal and interest payments that are paid by
the school;

(d)
The name of the lender or landlord, identified as such, and the
lender's or landlord's relationship to the operator, if any.

(10)
Qualifications of employees, including both of the following:

(a)
A requirement that the school's classroom teachers be licensed in
accordance with sections 3319.22 to 3319.31 of the Revised Code,
except that a community school may engage noncertificated persons to
teach up to twelve hours or forty hours per week pursuant to section
3319.301 of the Revised Code;

(b)
A prohibition against the school employing an individual described in
section 3314.104 of the Revised Code in any position.

(11)
That the school will comply with the following requirements:

(a)
The school will provide learning opportunities to a minimum of
twenty-five students for a minimum of nine hundred twenty hours per
school year.

(b)
The governing authority will purchase liability insurance, or
otherwise provide for the potential liability of the school.

(c)
The school will be nonsectarian in its programs, admission policies,
employment practices, and all other operations, and will not be
operated by a sectarian school or religious institution.

(d)
The school will comply with sections 9.90, 9.91, 109.65, 121.22,
149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 3301.0712,
3301.0715, 3301.0729, 3301.948, 3302.037, 3313.472, 3313.50,
3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.609,
3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6024, 3313.6025,
3313.6026, 3313.6028, 3313.6029, 3313.643, 3313.648, 3313.6411,
3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668,
3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69,
3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3313.7117,
3313.721, 3313.753, 3313.80, 3313.814, 3313.816, 3313.817, 3313.818,
3313.819,
3313.8110,

3313.86,
3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.238,
3319.318, 3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41,
3319.46, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01,
3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19,
3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262,
5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742.,
4112., 4123., 4141., and 4167. of the Revised Code as if it were a
school district and will comply with section 3301.0714 of the Revised
Code in the manner specified in section 3314.17 of the Revised Code.

(e)
The school shall comply with Chapter 102. and section 2921.42 of the
Revised Code.

(f)
The school will comply with sections 3313.61, 3313.611, 3313.614,
3313.617, 3313.618, and 3313.6114 of the Revised Code, except that
for students who enter ninth grade for the first time before July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of the
community school rather than the curriculum specified in Title XXXIII
of the Revised Code or any rules of the department. Beginning with
students who enter ninth grade for the first time on or after July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum of a
high school prior to receiving a high school diploma shall be met by
completing the requirements prescribed in section 3313.6027 and
division (C) of section 3313.603 of the Revised Code, unless the
person qualifies under division (D) or (F) of that section. Each
school shall comply with the plan for awarding high school credit
based on demonstration of subject area competency, and beginning with
the 2017-2018 school year, with the updated plan that permits
students enrolled in seventh and eighth grade to meet curriculum
requirements based on subject area competency adopted by the
department under divisions (J)(1) and (2) of section 3313.603 of the
Revised Code. Beginning with the 2018-2019 school year, the school
shall comply with the framework for granting units of high school
credit to students who demonstrate subject area competency through
work-based learning experiences, internships, or cooperative
education developed by the department under division (J)(3) of
section 3313.603 of the Revised Code.

(g)
The school governing authority will submit within four months after
the end of each school year a report of its activities and progress
in meeting the goals and standards of divisions (A)(3) and (4) of
this section and its financial status to the sponsor and the parents
of all students enrolled in the school.

(h)
The school, unless it is an internet- or computer-based community
school, will comply with section 3313.801 of the Revised Code as if
it were a school district.

(i)
If the school is the recipient of moneys from a grant awarded under
the federal race to the top program, Division (A), Title XIV,
Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the Revised
Code as if it were a school district.

(j)
If the school operates a preschool program that is licensed by the
department under sections 3301.52 to 3301.59 of the Revised Code, the
school shall comply with sections 3301.50 to 3301.59 of the Revised
Code and the minimum standards for preschool programs prescribed in
rules adopted by the department of children and youth under section
3301.53 of the Revised Code.

(k)
The school will comply with sections 3313.6021 and 3313.6023 of the
Revised Code as if it were a school district unless it is either of
the following:

(i)
An internet- or computer-based community school;

(ii)
A community school in which a majority of the enrolled students are
children with disabilities as described in division (B)(2) of section
3314.35 of the Revised Code.

(l)
The school will comply with section 3321.191 of the Revised Code,
unless it is an internet- or computer-based community school that is
subject to section 3314.261 of the Revised Code.

(12)
Arrangements for providing health and other benefits to employees;

(13)
The length of the contract, which shall begin at the beginning of an
academic year. No contract shall exceed five years unless such
contract has been renewed pursuant to division (E) of this section.

(14)
The governing authority of the school, which shall be responsible for
carrying out the provisions of the contract;

(15)
A financial plan detailing an estimated school budget for each year
of the period of the contract and specifying the total estimated per
pupil expenditure amount for each such year.

(16)
Requirements and procedures regarding the disposition of employees of
the school in the event the contract is terminated or not renewed
pursuant to section 3314.07 of the Revised Code;

(17)
Whether the school is to be created by converting all or part of an
existing public school or educational service center building or is
to be a new start-up school, and if it is a converted public school
or service center building, specification of any duties or
responsibilities of an employer that the board of education or
service center governing board that operated the school or building
before conversion is delegating to the governing authority of the
community school with respect to all or any specified group of
employees provided the delegation is not prohibited by a collective
bargaining agreement applicable to such employees;

(18)
Provisions establishing procedures for resolving disputes or
differences of opinion between the sponsor and the governing
authority of the community school;

(19)
A provision requiring the governing authority to adopt a policy
regarding the admission of students who reside outside the district
in which the school is located. That policy shall comply with the
admissions procedures specified in sections 3314.06 and 3314.061 of
the Revised Code and, at the sole discretion of the authority, shall
do one of the following:

(a)
Prohibit the enrollment of students who reside outside the district
in which the school is located;

(b)
Permit the enrollment of students who reside in districts adjacent to
the district in which the school is located;

(c)
Permit the enrollment of students who reside in any other district in
the state.

(20)
A provision recognizing the authority of the department to take over
the sponsorship of the school in accordance with the provisions of
division (C) of section 3314.015 of the Revised Code;

(21)
A provision recognizing the sponsor's authority to assume the
operation of a school under the conditions specified in division (B)
of section 3314.073 of the Revised Code;

(22)
A provision recognizing both of the following:

(a)
The authority of public health and safety officials to inspect the
facilities of the school and to order the facilities closed if those
officials find that the facilities are not in compliance with health
and safety laws and regulations;

(b)
The authority of the department as the community school oversight
body to suspend the operation of the school under section 3314.072 of
the Revised Code if the department has evidence of conditions or
violations of law at the school that pose an imminent danger to the
health and safety of the school's students and employees and the
sponsor refuses to take such action.

(23)
A description of the learning opportunities that will be offered to
students including both classroom-based and non-classroom-based
learning opportunities that is in compliance with criteria for
student participation established by the department under division
(H)(2) of section 3314.08 of the Revised Code;

(24)
The school will comply with sections 3302.04 and 3302.041 of the
Revised Code, except that any action required to be taken by a school
district pursuant to those sections shall be taken by the sponsor of
the school.

(25)
Beginning in the 2006-2007 school year, the school will open for
operation not later than the thirtieth day of September each school
year, unless the mission of the school as specified under division
(A)(2) of this section is solely to serve dropouts. In its initial
year of operation, if the school fails to open by the thirtieth day
of September, or within one year after the adoption of the contract
pursuant to division (D) of section 3314.02 of the Revised Code if
the mission of the school is solely to serve dropouts, the contract
shall be void.

(26)
Whether the school's governing authority is planning to seek
designation for the school as a STEM school equivalent under section
3326.032 of the Revised Code;

(27)
That the school's attendance and participation policies will be
available for public inspection;

(28)
That the school's attendance and participation records shall be made
available to the department, auditor of state, and school's sponsor
to the extent permitted under and in accordance with the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g, as amended, and any regulations promulgated under that
act, and section 3319.321 of the Revised Code;

(29)
If a school operates using the blended learning model, as defined in
section 3301.079 of the Revised Code, all of the following
information:

(a)
An indication of what blended learning model or models will be used;

(b)
A description of how student instructional needs will be determined
and documented;

(c)
The method to be used for determining competency, granting credit,
and promoting students to a higher grade level;

(d)
The school's attendance requirements, including how the school will
document participation in learning opportunities;

(e)
A statement describing how student progress will be monitored;

(f)
A statement describing how private student data will be protected;

(g)
A description of the professional development activities that will be
offered to teachers.

(30)
A provision requiring that all moneys the school's operator loans to
the school, including facilities loans or cash flow assistance, must
be accounted for, documented, and bear interest at a fair market
rate;

(31)
A provision requiring that, if the governing authority contracts with
an attorney, accountant, or entity specializing in audits, the
attorney, accountant, or entity shall be independent from the
operator with which the school has contracted.

(32)
A provision requiring the governing authority to adopt an enrollment
and attendance policy that requires a student's parent to notify the
community school in which the student is enrolled when there is a
change in the location of the parent's or student's primary
residence.

(33)
A provision requiring the governing authority to adopt a student
residence and address verification policy for students enrolling in
or attending the school.

(B)
The community school shall also submit to the sponsor a comprehensive
plan for the school. The plan shall specify the following:

(1)
The process by which the governing authority of the school will be
selected in the future;

(2)
The management and administration of the school;

(3)
If the community school is a currently existing public school or
educational service center building, alternative arrangements for
current public school students who choose not to attend the converted
school and for teachers who choose not to teach in the school or
building after conversion;

(4)
The instructional program and educational philosophy of the school;

(5)
Internal financial controls.

When
submitting the plan under this division, the school shall also submit
copies of all policies and procedures regarding internal financial
controls adopted by the governing authority of the school.

(C)
A contract entered into under section 3314.02 of the Revised Code
between a sponsor and the governing authority of a community school
may provide for the community school governing authority to make
payments to the sponsor, which is hereby authorized to receive such
payments as set forth in the contract between the governing authority
and the sponsor. The total amount of such payments for monitoring,
oversight, and technical assistance of the school shall not exceed
three per cent of the total amount of payments for operating expenses
that the school receives from the state.

(D)
The contract shall specify the duties of the sponsor which shall be
in accordance with the written agreement entered into with the
department under division (B) of section 3314.015 of the Revised Code
and shall include the following:

(1)
Monitor the community school's compliance with all laws applicable to
the school and with the terms of the contract;

(2)
Monitor and evaluate the academic and fiscal performance and the
organization and operation of the community school on at least an
annual basis;

(3)
Provide technical assistance to the community school in complying
with laws applicable to the school and terms of the contract;

(4)
Take steps to intervene in the school's operation to correct problems
in the school's overall performance, declare the school to be on
probationary status pursuant to section 3314.073 of the Revised Code,
suspend the operation of the school pursuant to section 3314.072 of
the Revised Code, or terminate the contract of the school pursuant to
section 3314.07 of the Revised Code as determined necessary by the
sponsor;

(5)
Have in place a plan of action to be undertaken in the event the
community school experiences financial difficulties or closes prior
to the end of a school year.

(E)
Upon the expiration of a contract entered into under this section,
the sponsor of a community school may, with the approval of the
governing authority of the school, renew that contract for a period
of time determined by the sponsor, but not ending earlier than the
end of any school year, if the sponsor finds that the school's
compliance with applicable laws and terms of the contract and the
school's progress in meeting the academic goals prescribed in the
contract have been satisfactory. Any contract that is renewed under
this division remains subject to the provisions of sections 3314.07,
3314.072, and 3314.073 of the Revised Code.

(F)
If a community school fails to open for operation within one year
after the contract entered into under this section is adopted
pursuant to division (D) of section 3314.02 of the Revised Code or
permanently closes prior to the expiration of the contract, the
contract shall be void and the school shall not enter into a contract
with any other sponsor. A school shall not be considered permanently
closed because the operations of the school have been suspended
pursuant to section 3314.072 of the Revised Code.

Sec.
3326.11.
Each
science, technology, engineering, and mathematics school established
under this chapter and its governing body shall comply with sections
9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19,
2921.42, 2921.43, 3301.0714, 3301.0715, 3301.0729, 3301.948,
3302.037, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26,
3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310,
3313.5318, 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6020, 3313.6021, 3313.6023, 3313.6024, 3313.6025, 3313.6026,
3313.6028, 3313.6029, 3313.61, 3313.611, 3313.614, 3313.615,
3313.617, 3313.618, 3313.6114, 3313.643, 3313.648, 3313.6411,
3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668,
3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69,
3313.71, 3313.716, 3313.717, 3313.718, 3313.719, 3313.7112,
3313.7117, 3313.721, 3313.753, 3313.80, 3313.801, 3313.814, 3313.816,
3313.817, 3313.818, 3313.819,
3313.8110,

3313.86,
3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.21,
3319.238, 3319.318, 3319.32, 3319.321, 3319.324, 3319.35, 3319.39,
3319.391, 3319.393, 3319.41, 3319.45, 3319.46, 3319.614, 3320.01,
3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.05, 3321.13,
3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191, 3322.20,
3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and
5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 3365.,
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it
were a school district.

Sec.
3328.24.
A
college-preparatory boarding school established under this chapter
and its board of trustees shall comply with sections 102.02,
3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0729, 3301.948,
3302.037, 3313.5318, 3313.5319, 3313.6013, 3313.6021, 3313.6023,
3313.6024, 3313.6025, 3313.6026, 3313.6029, 3313.617, 3313.618,
3313.6114, 3313.6411, 3313.6413, 3313.668, 3313.669, 3313.6610,
3313.717, 3313.7112, 3313.7117, 3313.721, 3313.753,
3313.8110,

3313.89,
3319.073, 3319.077, 3319.078, 3319.318, 3319.324, 3319.39, 3319.391,
3319.393, 3319.46, 3320.01, 3320.02, 3320.03, 3320.04, 3323.251, and
5502.262, and Chapter 3365. of the Revised Code as if the school were
a school district and the school's board of trustees were a district
board of education.

Sec.
3345.88.
Each
state institution of higher education, as defined in section 3345.011
of the Revised Code, shall adopt a policy to prevent the purchase of
a food that is either of the following:

(A)
Misbranded as a meat product or an egg product as prohibited in
section 3715.602 of the Revised Code;

(B)
A cultivated-protein food product as defined in section 3715.601 of
the Revised Code.

This
section does not apply to a state institution's purchase of food
described in divisions (A) and (B) of this section for research
purposes.

Sec.
3701.132.
(A)
As used in this section, "WIC program" means the "special
supplemental nutrition program for women, infants, and children"
established under the "Child Nutrition Act of 1966," 80
Stat. 885, 42 U.S.C. 1786, as amended.

(B)
The department of health is hereby designated as the state agency to
administer the WIC program.

The
director of health shall adopt rules pursuant to Chapter 119. of the
Revised Code as necessary for administering the WIC program. The
rules may include civil money penalties for violations of the rules.

(C)
In determining eligibility for services provided under the WIC
program, the department may use the application form established
under section 5163.40 of the Revised Code for the healthy start
program. The department may require applicants to furnish their
social security numbers.

(D)
If the department determines that a vendor has committed an act with
respect to the WIC program that federal statutes or regulations or
state statutes or rules prohibit, the department shall take action
against the vendor in the manner required by 7 C.F.R. part 246,
including imposition of a civil money penalty in accordance with 7
C.F.R. 246.12, or rules adopted under this section
.

(E)
If the United States department of agriculture approves
cultivated-protein food products as defined in section 3715.601 of
the Revised Code for purchase under the WIC program, the director of
health shall submit a request to the United States department of
agriculture for a waiver that excludes those products from program
eligibility in this state
.

Sec.
3715.60.
Food

In
addition to the specifications established in section 3715.602 of the
Revised Code, food
is
misbranded within the meaning of sections 3715.01, 3715.02, 3715.022,
and 3715.52 to 3715.72 of the Revised Code, if:

(A)
Its labeling is false or misleading in any particular.

(B)
It is offered for sale under the name of another food.

(C)
Its container is so made, formed, or filled as to be misleading.

(D)
It is an imitation of another food, unless its label bears in type of
uniform size and prominence, the word "imitation," and
immediately thereafter the name of the food imitated.

(E)
When it is in package form, it does not bear 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 numerical count; provided, that reasonable
variations shall be permitted, and exemptions as to small packages
shall be established by rules adopted by the director of agriculture;

(3)
In the case of food subject to section 3715.023 of the Revised Code,
the information specified in that section.

(F)
Any word, statement, or other information required by or under
authority of sections 3715.01, 3715.02, and 3715.52 to 3715.72 of the
Revised Code, to appear on the label or labeling is not prominently
placed thereon with such conspicuousness as compared with other
words, statements, designs, or devices, in the labeling, and in such
terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use.

(G)
It purports to be, or is represented as, a food for which a
definition and standard of identity have been prescribed by statute,
or by any rule adopted under an existing statute, or by rule as
provided by section 3715.02 of the Revised Code, unless:

(1)
It conforms to such definition and standard.

(2)
Its label bears the name of the food specified in the definition and
standard, and, insofar as may be required by such statute or rules,
the common names of optional ingredients, other than spices,
flavoring, and coloring, present in such food.

(H)
It purports to be or is represented as:

(1)
A food for which a standard of quality has been prescribed by rule as
provided by section 3715.02 of the Revised Code and its quality falls
below the standard unless its label bears, in the manner and form
that the rules specify, a statement that it falls below the standard;

(2)
A food for which a standard or standards of fill of container have
been prescribed by rule as provided by section 3715.02 of the Revised
Code, and it falls below the standard of fill of container applicable
thereto, unless its label bears, in the manner and form that the
rules specify, a statement that it falls below the standard.

(I)
It is not subject to the provisions of division (G) of this section,
unless it bears labeling clearly giving:

(1)
The common or usual name of the food, if any;

(2)
In case it is fabricated from two or more ingredients, the common or
usual name of each ingredient; except that spices, flavorings, and
colorings, other than those sold as such, may be designated as
spices, flavorings, and colorings, without naming each; provided,
that, to the extent that compliance with the requirements of division
(I)(2) of this section is impractical or results in deception or
unfair competition, exemptions shall be established by rules adopted
by the director; and provided that these requirements shall not apply
to any carbonated beverage of which a full and correct statement of
the ingredients, to the extent prescribed by division (I)(2) of this
section, has been filed under oath with the director.

(J)
It purports to be or is represented to be for special dietary uses,
unless its label bears such information concerning its vitamin,
mineral, and other dietary properties as is provided by rules adopted
by the director, as necessary, in order to fully inform purchasers as
to its value for such uses.

(K)
It bears or contains any artificial flavoring, artificial coloring,
or chemical preservative, unless it bears labeling stating that fact;
provided, that to the extent that compliance with the requirements of
this division is impracticable, exemptions shall be established by
rules adopted by the director.

Sec.
3715.601.
As
used in this section and sections 3715.602 to 3715.605 of the Revised
Code:

(A)
"Agricultural food animal" means both of the following:

(1)
A domesticated animal belonging to the bovine, caprine, ovine, or
porcine species;

(2)
Any type of poultry.

(B)
"Cultivated-protein food product" means a food having one
or more sensory attributes that resemble a type of tissue originating
from an agricultural food animal, but that, in lieu of being derived
from meat processing, is derived from manufacturing cells in which
one or more stem cells are initially isolated from an agricultural
food animal, are grown in vitro, and may be manipulated, as part of a
manufacturing operation.

(C)
"Egg" means food that is the reproductive output of an
agricultural food animal classified as a chicken. "Egg"
includes albumen and yolk encased in a calcium-based shell.

(D)
"Egg product" means food derived from egg processing in
which eggs or egg parts are the primary ingredient.

(E)
"Egg processing" means the processing of eggs, including
either of the following:

(1)
The handling, preparation, heating, and packaging of whole shelled or
unshelled eggs;

(2)
The breaking of eggs and the separation of eggs; pasteurization;
filtering, mixing, stabilizing, or blending parts of the egg; any
cooling, freezing, or drying of parts of the egg; storage; and
packaging.

(F)
"Fabricated-egg product" means food, if it has one or more
sensory attributes that resemble an egg product but that, in lieu of
being the output of a laying hen, is derived from manufactured plants
or other organic materials.

(G)
"Food processing establishment" has the same meaning as in
section 3715.021 of the Revised Code.

(H)
"Identifying egg term" means any word or phrase that
states, indicates, suggests, or describes an egg product, regardless
of whether the word or phrase is used individually, as a portmanteau,
or as a compound word. "Identifying egg term" includes any
of the following:

(1)
A common name for a type of a chicken, including laying hen, hen, or
layer, cage-free, poultry, or fowl;

(2)
A common name for a characteristic of a chicken based on age, breed,
or sex;

(3)
A common name, or a comparable word or phrase approved by the
department of agriculture, that a reasonable purchaser would
immediately and exclusively associate with an egg product prepared
for sale in normal commercial channels such as custard, eggnog,
frittata, huevos rancheros, omelette, mayonnaise, meringue, sunny
side up, over easy, over hard, scrambled, or quiche;

(4)
Any part of the egg, including its egg, eggshell, egg white, or yolk.

(I)
"Identifying meat term" means any word or phrase that
states, indicates, suggests, or describes a meat product, regardless
of whether the word or phrase is used individually, as a portmanteau,
or as a compound word. "Identifying meat term" includes any
of the following:

(1)
A common name for the species of an agricultural food animal subject
to slaughter and processing, including a calf or cow, goat or kid,
hog or pig, poultry, or lamb or sheep;

(2)
A common name for a characteristic of a species of the agricultural
food animal subject to slaughter and processing based on age, breed,
or sex;

(3)
Meat, beef, or veal; broiler, fryer, poulet, or yearling; cabrito or
chevon; lamb or mutton; or pork;

(4)
A common name used to describe a major cut of a meat of an
agricultural food animal slaughtered and processed, including a major
meat cut specified in 9 C.F.R. 317.344; a poultry product such as
breast, drumstick, giblet, thigh, or wing; or the common name of an
organ or offal, including gizzard, heart, liver, kidney, or tongue;

(5)
Any other common name that a reasonable purchaser would immediately
and exclusively associate with a meat product prepared for sale in
normal commercial channels such as chicken, bacon, baloney, bologna,
bone, brat or bratwurst, brisket, burger or hamburger, butt, chop,
chorizo, chuck, cold cut, cutlet, filet, flat iron, frank or
frankfurter, ham, hock, hot dog or dog, jerky, liverwurst, loin,
London broil, lunch meat, New York strip, pepperoni, porterhouse,
ribeye, roast, rib or sparerib, salami, sausage, shank, sirloin,
tenderloin, or a comparable word or phrase.

(J)
"Insect-protein food product" means a food having one or
more sensory attributes that resemble a type of tissue originating
from an agricultural food animal but that, in lieu of being derived
from meat processing, is derived from manufacturing insect parts.

(K)
"Manufactured-protein food product" means a
cultivated-protein food, insect-protein food, or plant-protein food.

(L)
"Meat processing" means the handling, preparation, and
slaughter of an agricultural food animal; the dressing of its
carcass; or the cutting, storage, and packaging of its tissue or
other parts as a food.

(M)
"Meat product" means a food derived from meat processing.

(N)
"Plant-protein food product" means a food having one or
more sensory attributes that resemble a type of tissue found in a
species of agricultural food animal but that, in lieu of being
derived from meat processing, is derived from manufacturing plant
parts.

(O)
"Qualifying egg term" means a word, compound word, or
phrase that would clearly disclose to a reasonable purchaser of egg
products from a food processing establishment that a food product is
not an egg product. "Qualifying egg term" includes fake,
imitation, egg-free, plant, plant-based, vegan, vegetable,
vegetarian, veggie, or a comparable word or phrase as approved by the
department.

(P)
"Qualifying meat term" means a word, compound word, or
phrase that would clearly disclose to a reasonable purchaser of meat
products from a food processing establishment that a food is not a
meat product. "Qualifying meat term" includes
cell-cultivated, cell-cultured, fake, grown in a lab, imitation,
insect, insect-based, insect-protein, lab-created, lab-grown, meat
free, meatless, plant, plant-based, vegan, vegetable, vegetarian,
veggie, or a comparable word or phrase as approved by the department.

Sec.
3715.602.
(A)
Food is misbranded as a meat product if all of the following apply:

(1)
The food is a manufactured-protein food product or the food contains
a manufactured-protein food product.

(2)
The food is offered for sale by a food processing establishment.

(3)
A label that is part of or placed on the package or other container
storing the manufactured-protein food product includes an identifying
meat term.

(4)
The label that is part of or placed on the package or other container
storing the manufactured-protein food product does not contain a
conspicuous and prominent qualifying meat term in close proximity to
the identifying meat term.

(B)
Food is misbranded as an egg product if all of the following apply:

(1)
The food is a fabricated-egg product or the food contains a
fabricated-egg product.

(2)
The food is offered for sale or sold by a food processing
establishment.

(3)
A label that is part of or placed on the package or other container
storing the food includes an identifying egg term.

(4)
The label that is part of or placed on the package or other container
storing the food does not contain a conspicuous and prominent
qualifying egg term in close proximity to an identifying egg term.

(C)
No food processing establishment shall sell food that is misbranded
as a meat product or an egg product under this section.

Sec.
3715.603.
In
conducting a routine inspection of the premises of a food processing
establishment, the department of agriculture is not required to
determine if any food located on the premises is misbranded as a meat
product or an egg product pursuant to section 3715.602 of the Revised
Code.

The
department shall inspect an inventory of food offered for sale or
sold by a food processing establishment based on a credible complaint
that the food is misbranded as a meat product or an egg product under
section 3715.602 of the Revised Code.

The
department shall adopt rules in accordance with Chapter 119. of the
Revised Code that are necessary to administer and enforce sections
3715.601 to 3715.605 of the Revised Code.

Sec.
3715.604.
If
the department of agriculture has reasonable cause to believe that a
food processing establishment is selling food that is misbranded as a
meat product or an egg product in violation of section 3715.602 of
the Revised Code, section 3715.55 of the Revised Code applies to the
food.

Sec.
3715.605.
(A)
Any person who violates section 3715.602 of the Revised Code shall
pay a civil penalty of not more than ten thousand dollars for each
violation, to be paid into the state treasury to the credit of the
general revenue fund. Each day that a violation continues constitutes
a separate offense. The attorney general, upon written request by the
director of agriculture, shall bring an action for such a penalty
against any person who violates that section. Such an action is a
civil action, governed by the Rules of Civil Procedure and other
rules of practice and procedure applicable to civil actions.

(B)
The director shall not suspend or revoke a food processing
establishment registration if the food processing establishment
violates section 3715.602 of the Revised Code.

Sec.
5101.5410.
As
used in this section, "cultivated-protein food product" has
the same meaning as in section 3715.601 of the Revised Code.

If
the United States department of agriculture approves
cultivated-protein food products for purchase under the supplemental
nutrition assistance program, the director of job and family services
shall submit a request to the United States department of agriculture
for a waiver that excludes those products from program eligibility in
this state.

Section
2.
That
existing sections
909.07,
921.01, 921.06, 921.11, 921.16, 921.24, 943.26,
3314.03,
3326.11, 3328.24, 3701.132, and 3715.60 of the Revised Code are
hereby repealed.

Section
3.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
3314.03 of the Revised Code as amended by H.B. 214, H.B. 250, and
S.B. 168, all of the 135th General Assembly.

Section
3326.11 of the Revised Code as amended by H.B. 47, H.B. 214, and S.B.
168, all of the 135th General Assembly.

Section
3328.24 of the Revised Code as amended by both H.B. 47 and H.B. 214
of the 135th General Assembly.

Speaker
___________________ of the House of Representatives.

President
___________________ of the Senate.

Passed
________________________, 20____

Approved
________________________, 20____

Governor.

The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.

Director, Legislative
Service Commission.

Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.

Secretary of State.

File
No. _________ Effective Date ___________________