Read the full stored bill text
As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 134
2025-2026
Representatives Gross, Humphrey
Cosponsors: Representatives
Fischer, Brennan, Denson, Synenberg, Jarrells, McClain, Ferguson,
Deeter, Barhorst, Swearingen, Workman, Dean, Mullins, Sims, McNally,
Brewer, Klopfenstein, Newman, Schmidt, Abdullahi, Abrams, Bryant
Bailey, Callender, Claggett, Dovilla, Fowler Arthur, Ghanbari,
Glassburn, Hall, D., Holmes, John, LaRe, Mathews, A., Miller, M.,
Mohamed, Peterson, Plummer, Ray, Robb Blasdel, Sigrist, Stephens,
Upchurch, White, E., Young
To
amend sections 3715.01, 3715.021, 3715.022, 3715.023, and 3717.22 and
to enact sections 3715.026 and 3715.21 of the Revised Code
to
authorize the sale of certain homemade foods under a microenterprise
home kitchen operation registration.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3715.01, 3715.021, 3715.022, 3715.023, and 3717.22 be
amended and
sections
3715.026
and 3715.21
of the Revised Code be enacted to read as follows:
Sec.
3715.01.
(A)
As used in this chapter:
(1)
"Person" means an individual, partnership, corporation, or
association.
(2)
"Food" means:
(a)
Articles used for food or drink for humans or animals;
(b)
Chewing gum;
(c)
Articles used for components of any such articles.
(3)
"Drug" means:
(a)
Articles recognized in the United States pharmacopoeia and national
formulary, or any supplement to them;
(b)
Articles intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in humans or animals;
(c)
Articles, other than food, intended to affect the structure or any
function of the body of humans or other animals;
(d)
Articles intended for use as a component of any of the foregoing
articles, other than devices or their components, parts, or
accessories.
(4)
"Device," except when used in division (B)(1) of this
section and in division (A)(10) of section 3715.52, division (F) of
section 3715.60, division (A)(5) of section 3715.64, and division (C)
of section 3715.67 of the Revised Code, means any instrument,
apparatus, implement, machine, contrivance, implant, in vitro
reagent, or other similar or related article, including any
component, part, or accessory, that is any of the following:
(a)
Recognized in the United States pharmacopoeia and national formulary,
or any supplement to them;
(b)
Intended for use in the diagnosis of disease or other conditions, or
in the cure, mitigation, treatment, or prevention of disease in
humans or animals;
(c)
Intended to affect the structure or any function of the body of
humans or animals, and that does not achieve any of its principal
intended purposes through chemical action within or on the body of
humans or animals and is not dependent upon being metabolized for the
achievement of any of its principal intended purposes.
(5)
"Cosmetic" means:
(a)
Articles intended to be rubbed, poured, sprinkled, or sprayed on,
introduced into, or otherwise applied to the human body or any part
thereof for cleansing, beautifying, promoting attractiveness, or
altering the appearance;
(b)
Articles intended for use as a component of any such article, except
that "cosmetic" does not include soap.
(6)
"Label" means a display of written, printed, or graphic
matter upon the immediate container, exclusive of package liners, of
any article.
Any
word, statement, or other information required by this chapter to
appear on the label must appear on the outside container or wrapper,
if any, of the retail package of the article, or the label must be
easily legible through the outside container or wrapper.
(7)
"Labeling" means all labels and other written, printed, or
graphic matter:
(a)
Upon an article or any of its containers or wrappers;
(b)
Accompanying such article.
(8)
"Advertisement" means all representations disseminated in
any manner or by any means, other than by labeling, for the purpose
of inducing, or that are likely to induce, directly or indirectly,
the purchase of food, drugs, devices, or cosmetics.
(9)
"New drug" means:
(a)
Any drug the composition of which is such that the drug is not
generally recognized among experts qualified by scientific training
and experience to evaluate the safety of drugs, as safe for use under
the conditions prescribed, recommended, or suggested in the labeling
thereof;
(b)
Any drug the composition of which is such that the drug, as a result
of investigation to determine its safety for use under such
conditions, has become so recognized, but that has not, other than in
an investigation, been used to a material extent or for a material
time under such conditions.
(10)
"Contaminated with filth" applies to any food, drug,
device, or cosmetic that has not been protected as far as may be
necessary by all reasonable means from dust, dirt, and all foreign or
injurious substances.
(11)
"Honey" means the nectar and saccharine exudation of plants
that has been gathered, modified, and stored in a honeycomb by
honeybees.
(12)
"Finished dosage form" means the form of a drug that is, or
is intended to be, dispensed or administered to humans or animals and
requires no further manufacturing or processing other than packaging,
reconstituting, or labeling.
(13)(a)
"Manufacture" means the planting, cultivating, harvesting,
processing, making, preparing, or otherwise engaging in any part of
the production of a drug by propagating, compounding, converting, or
processing, either directly or indirectly by extracting from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes the following:
(i)
Any packaging or repackaging of the drug or labeling or relabeling of
its container, the promotion and marketing of the drug, and other
activities incident to production;
(ii)
The preparation and promotion of commercially available products from
bulk compounds for resale by pharmacies, licensed health
professionals authorized to prescribe drugs, or other persons.
(b)
"Manufacture" does not include the preparation,
compounding, packaging, or labeling of a drug by a pharmacist as an
incident to either of the following:
(i)
Dispensing a drug in the usual course of professional practice;
(ii)
Providing a licensed health professional authorized to prescribe
drugs with a drug for the purpose of administering to patients or for
using the drug in treating patients in the professional's office.
(14)
"Dangerous drug" has the same meaning as in section 4729.01
of the Revised Code.
(15)
"Generically equivalent drug" means a drug that contains
identical amounts of the identical active ingredients, but not
necessarily containing the same inactive ingredients, that meets the
identical compendial or other applicable standard of identity,
strength, quality, and purity, including potency, and where
applicable, content uniformity, disintegration times, or dissolution
rates, as the prescribed brand name drug and the manufacturer or
distributor holds, if applicable, either an approved new drug
application or an approved abbreviated new drug application unless
other approval by law or from the federal food and drug
administration is required.
No
drug shall be considered a generically equivalent drug for the
purposes of this chapter if it has been listed by the federal food
and drug administration as having proven bioequivalence problems.
(16)
"Licensed health professional authorized to prescribe drugs"
and "prescriber" have the same meanings as in section
4729.01 of the Revised Code.
(17)
"Home" means the primary residence occupied by the
residence's owner, on the condition that the residence contains only
one stove or oven used for cooking, which may be a double oven,
designed for common residence usage and not for commercial usage, and
that the stove or oven be operated in an ordinary kitchen within the
residence.
(18)
"Potentially hazardous food" means a food that is natural
or synthetic, to which any of the following apply:
(a)
It has a pH level greater than 4.6 when measured at seventy-five
degrees fahrenheit or twenty-four degrees celsius.
(b)
It has a water activity value greater than 0.85.
(c)
It requires temperature control because it is in a form capable of
supporting the rapid and progressive growth of infectious or
toxigenic microorganisms, the growth and toxin production of
clostridium botulinium, or in the case of raw shell eggs, the growth
of salmonella enteritidis.
(19)
"Cottage food production operation" means a person who, in
the person's home, produces food items that are not potentially
hazardous foods, including bakery products, jams, jellies, candy,
fruit butter, and similar products specified in rules adopted
pursuant to section 3715.025 of the Revised Code.
(20)
"Biological product" means, except as provided in section
3715.011 of the Revised Code, a drug that is a biological product, as
defined on
the effective date of this amendment
March 21, 2017
,
in subsection (i) of section 351 of the "Public Health Service
Act," 42 U.S.C. 262(i).
(21)
"Interchangeable biological product" means, except as
provided in section 3715.011 of the Revised Code, both of the
following:
(a)
A biological product that, on
the effective date of this amendment
March 21, 2017
,
has been determined by the United States food and drug administration
to meet the standards for interchangeability set forth in subsection
(k) of section 351 of the "Public Health Service Act," 42
U.S.C. 262(k), as amended, and has been licensed under that
subsection;
(b)
A biological product that, prior to
the effective date of this amendment
March 21, 2017
,
was determined by the United States food and drug administration to
be therapeutically equivalent as set forth in its publication titled
"Approved Drug Products with Therapeutic Equivalence
Evaluations."
(22)
"Microenterprise home kitchen operation" means a person who
registers with the department of agriculture to sell and deliver food
that is produced at the person's home in accordance with section
3715.026 of the Revised Code.
(B)
For the purposes of sections 3715.52 to 3715.72 of the Revised Code:
(1)
If an article is alleged to be misbranded because the labeling is
misleading, or if an advertisement is alleged to be false because it
is misleading, then in determining whether the labeling or
advertisement is misleading, there shall be taken into account, among
other things, not only representations made or suggested by
statement, word, design, device, sound, or in any combination
thereof, but also the extent to which the labeling or advertisement
fails to reveal facts material in the light of such representations
or material with respect to consequence which may result from the use
of the article to which the labeling or advertisement relates under
the conditions of use prescribed in the labeling or advertisement
thereof or under such conditions of use as are customary or usual.
(2)
The provisions regarding the selling of food, drugs, devices, or
cosmetics include the manufacture, production, processing, packing,
exposure, offer, possession, and holding of any such article for
sale; and the sale, dispensing, and giving of any such article, and
the supplying or applying of any such articles in the conduct of any
food, drug, or cosmetic establishment. The provisions do not prohibit
a licensed health professional authorized to prescribe drugs from
administering or personally furnishing a drug or device to a patient.
(3)
The representation of a drug, in its labeling or advertisement, as an
antiseptic is a representation that it is a germicide, except in the
case of a drug purporting to be, or represented as, an antiseptic for
inhibitory use as a wet dressing, ointment, dusting powder, or other
use that involves prolonged contact with the body.
(4)
Whenever jurisdiction is vested in the director of agriculture or the
state board of pharmacy, the jurisdiction of the board shall be
limited to the sale, offering for sale, giving away, delivery, or
dispensing in any manner of drugs at the wholesale and retail levels
or to the consumer and shall be exclusive in the case of such sale,
offering for sale, giving away, delivery, or dispensing in any manner
of drugs at the wholesale and retail levels or to the consumer in any
place where prescriptions are dispensed or compounded.
(5)
To assist in effectuating the provisions of those sections, the
director of agriculture or state board of pharmacy may request
assistance or data from any government or private agency or
individual.
Sec.
3715.021.
(A)
As used in this section:
(1)
"Food processing establishment" means a premises or part of
a premises where food is processed, packaged, manufactured, or
otherwise held or handled for distribution to another location or for
sale at wholesale. "Food processing establishment" includes
the activities of a bakery, confectionery, cannery, bottler,
warehouse, or distributor, and the activities of an entity that
receives or salvages distressed food for sale or use as food. A "food
processing establishment" does not include a cottage food
production operation;
a
microenterprise home kitchen operation;
a
small egg producer; a processor of tree syrup who boils sap when a
minimum of seventy-five per cent of the sap used to produce the syrup
is collected directly from trees by that processor; a processor of
sorghum who processes sorghum juice when a minimum of seventy-five
per cent of the sorghum juice used to produce the sorghum is
extracted directly from sorghum plants by that processor; a beekeeper
who jars honey when a minimum of seventy-five per cent of the honey
is from that beekeeper's own hives; or a processor of apple syrup or
apple butter who directly harvests from trees a minimum of
seventy-five per cent of the apples used to produce the apple syrup
or apple butter.
(2)
"Small egg producer" means any person that is engaged in
the operation of egg production and annually maintains five hundred
or fewer birds.
(B)
The director of agriculture shall adopt rules in accordance with
Chapter 119. of the Revised Code that establish, when otherwise not
established by the Revised Code, standards and good manufacturing
practices for food processing establishments, including the
facilities of food processing establishments and their sanitation.
The rules shall conform with or be equivalent to the standards for
foods established by the United States food and drug administration
in Title 21 of the Code of Federal Regulations.
A
business or that portion of a business that is regulated by the
department of agriculture under Chapter 917. or 918. of the Revised
Code is not subject to regulation under this section as a food
processing establishment.
Sec.
3715.022.
(A)
All food products, including those produced and packaged by a cottage
food production operation
or microenterprise home kitchen operation
,
and all packaged maple syrup, sorghum, and honey, are subject to food
sampling conducted by the director of agriculture, or a
representative the director authorizes, to determine if a food
product is misbranded or adulterated. A component of the food
sampling conducted under this section may include the performance of
sample analyses in accordance with section 3715.02 of the Revised
Code.
The
director of agriculture shall adopt rules as the director considers
necessary to establish standards for food sampling and procedures for
administration of this section. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.
(B)
Labeling requirements do not apply to fruit butter produced at a
festival or celebration, if the festival or celebration is organized
by a political subdivision of this state and the fruit butter is sold
during the festival or celebration from the production site.
Sec.
3715.023.
(A)
A cottage food production operation
,
a microenterprise home kitchen operation,
and a maple syrup or sorghum processor and beekeeper described in
division (A) of section 3715.021 of the Revised Code shall label each
of their food products and include the following information on the
label of each of their food products:
(1)
The name and address of the business of the cottage food production
operation
,
microenterprise home kitchen operation
,
processor, or beekeeper;
(2)
The name of the food product;
(3)
The ingredients of the food product, in descending order of
predominance by weight;
(4)
The net weight and volume of the food product;
(5)
In the case of a cottage food production operation
or microenterprise home kitchen operation
,
the following statement in ten-point type: "This product is home
produced."
(B)
Food
Except
as provided in section 3715.026 of the Revised Code, food
products
identified and labeled in accordance with division (A) of this
section are acceptable food products that a retail food establishment
or food service operation licensed under Chapter 3717. of the Revised
Code may offer for sale or use in preparing and serving food.
Sec.
3715.026.
(A)
As used in this section:
(1)
"Homemade food item" means any food made at the home of a
microenterprise home kitchen operation.
"Homemade
food item" does not include any of the following:
(a)
Low-acid canned foods;
(b)
Alcoholic beverages;
(c)
Foods prepared through smoking or curing as a preservation method;
(d)
Juices unless produced by a microenterprise home kitchen operation in
accordance with the standards that apply to a food service operation
or retail food establishment specified in section 3715.21 of the
Revised Code;
(e)
Custom processed meats or poultry;
(f)
Shellfish from the operation of a molluscan shellfish life-support
system display tank used to store or display shellfish that are
offered for human consumption;
(g)
Potentially hazardous foods prepared using reduced oxygen methods;
(h)
Food containing any drug.
(2)
"Home kitchen" means the home kitchen in which the
microenterprise home kitchen operation does or will prepare all
homemade food items for sale to a consumer.
(B)(1)
The director of agriculture shall issue an microenterprise home
kitchen operation registration to a microenterprise home kitchen
operation when application is made by an operation in accordance with
procedures established by the director of agriculture. Such
registration shall be valid from the date it is issued through the
last day of January of the following year; however registrations
issued between the first day of January through the thirtieth day of
January of a year expire on the thirty-first day of January of that
year. An application for registration shall be accompanied by a
registration fee of twenty-five dollars. However, if a person submits
an application for registration within six months of the expiration
date of the registration, the fee shall be one-half of the
registration fee.
(2)
The department shall renew a microenterprise home kitchen operation
registration if the operation is in compliance with this section,
submits a renewal application in accordance with procedures
established by the director of agriculture, and pays a
twenty-five-dollar renewal fee. A renewed registration shall be valid
from the first day of February through the last day of January of the
following year.
(C)(1)
The director or the director's designee shall inspect the premises of
every microenterprise home kitchen operation. Inspections shall be
limited to the home kitchen in the home, locations of the home where
homemade food items and ingredients are stored, and bathrooms in the
home for the purpose of ensuring that there is a functioning hand
washing sink and liquid soap.
(2)
The director or the director's designee shall obtain a search warrant
when required by law to enter a home if a microenterprise home
kitchen operation does not consent to an inspection. A search warrant
or administrative warrant is otherwise not required to conduct an
inspection under this section.
(3)
The director may charge a fee to a microenterprise home kitchen
operation to cover the administrative costs of conducting inspections
that shall not exceed fifty dollars annually.
(4)
The department shall publish its inspection standards on its web
site.
(D)
A microenterprise home kitchen operation shall do all of the
following:
(1)
Allow the department to conduct home kitchen inspections in
accordance with division (C) of this section;
(2)
Produce all homemade food items in the inspected kitchen;
(3)
Label the homemade food items in accordance with section 3715.023 of
the Revised Code;
(4)
Operate the home kitchen and premises in which the home kitchen is
located in accordance with the requirements described in division (E)
of this section;
(5)
Sell and deliver homemade food items in accordance with the
requirements in division (F) of this section.
(E)
Except as specified in division (D)(3) of this section, a
microenterprise home kitchen operation shall not operate unless the
operation is in compliance with those food safety standards set forth
in the Ohio uniform food safety code that could reasonably apply to a
microenterprise home kitchen operation. The director or the
director's designee shall publish on its web site the food safety
standards that apply to microenterprise home kitchen operations. The
director or the director's designee shall not require a
microenterprise home kitchen operation to do any of the following:
(1)
Use commercial kitchen equipment or other specialized kitchen
equipment such as a three-compartment sink;
(2)
Alter the structure or design of the home kitchen;
(3)
Install or modify venting in the home kitchen;
(4)
Require a certain countertop be used in a home kitchen;
(5)
Prevent the presence of pets from parts of the home where food is not
being stored or prepared, including the kitchen when homemade food
items to be sold are not being prepared.
(F)
A microenterprise home kitchen operation shall comply with all of the
following sale and delivery requirements:
(1)
A homemade food item that is not a dairy product or does not contain
meat, poultry, or seafood may be sold by the microenterprise home
kitchen operation to the consumer in person or remotely, including by
telephone or internet, or by an agent of the microenterprise home
kitchen operation or a third-party vendor, such as a retail shop or
grocery store, and may be delivered by the microenterprise home
kitchen operation or third-party carrier, such as the United States
postal service.
(2)
Homemade food items that are dairy products or contain meat, poultry,
or seafood shall be sold by the microenterprise home kitchen
operation to the consumer, either in person or remotely, including by
telephone or internet, or by an agent of the microenterprise home
kitchen operation or a third-party vendor, but shall be delivered by
the microenterprise home kitchen operation to the consumer in person.
(3)
If a potentially hazardous food item is transported before final
delivery to the consumer, the food shall be maintained at an
appropriate temperature during transport, shall not be transported
more than once, and shall not be transported for longer than two
hours.
(4)
Before selling any food under this section, a microenterprise home
kitchen operation shall complete food safety training approved by the
director or the director's designee. The director or the director's
designee shall ensure that low-cost and online options for training
are available for microenterprise home kitchen operations.
(G)
A microenterprise home kitchen operation's gross receipts for sales
of potentially hazardous homemade food items under the registration
shall not exceed one hundred fifty thousand dollars per calendar
year. This section shall not be construed to interfere with a
microenterprise home kitchen operation's ability to also sell food as
a cottage food operation or a licensed home bakery.
(H)
The director or the director's designee may issue a fine not to
exceed seventy-five dollars to a microenterprise home kitchen
operation that is found to be in violation of any of the requirements
of this section. The director or the director's designee shall first
issue a warning and give the microenterprise home kitchen operation
the opportunity to correct a violation before issuing a fine.
(I)(1)
The director or the director's designee may issue an order suspending
or revoking a microenterprise home kitchen operation registration for
a violation of this section. Except as provided in division (I)(2) of
this section, a registration shall not be suspended or revoked until
the registration holder is provided a warning and has had an
opportunity to correct the violation. The microenterprise home
kitchen operation may appeal the suspension or revocation in
accordance with Chapter 119. of the Revised Code.
(2)
If the director or the director's designee determines that a
microenterprise home kitchen operation presents an immediate danger
to the public health, the director may issue an order immediately
suspending the operation's registration without affording the
registration holder a warning or an opportunity for a hearing. The
director then shall afford the registration holder an opportunity for
a hearing for registration reinstatement in accordance with Chapter
119. of the Revised Code not later than ten days after the date of
suspension.
(J)
This section does not prohibit a person from operating as an exempt
cottage food operation if the person only sells and delivers food
permitted under this chapter for a cottage food operation.
(K)
This section does not prohibit a local government from enforcing a
generally applicable zoning law.
Sec.
3715.21.
(A)
As used in this section, "meat" means game animals,
migratory waterfowl, and game birds.
(B)
A food service operation or retail food establishment shall not
custom process meat unless such processing is done at the end of the
work shift or day to prevent any cross contamination of product for
sale or service.
(C)
Prior to entry into the food service operation or retail food
establishment, a food service operation or retail food establishment
shall ensure that, with respect to custom process meat, any animal
carcass is skinned, beheaded, eviscerated, and free of hair, and any
bird carcass is eviscerated and free of feathers.
(D)
If the hide and head of a custom meat product is to be retained for
the owner, the food service operation or retail food establishment
shall package and segregate the product from all food.
(E)
A food service operation or retail food establishment that custom
processes any meat product shall ensure that the product is wrapped
or containerized and stored segregated from all retail products so as
to prevent contamination.
(F)
Immediately after custom meat processing, a food service operation or
retail food establishment shall ensure that all knives, tables,
hooks, grinders, tenderizers, lugs, inedible barrels, saws, or any
other equipment soiled during custom meat processing are thoroughly
cleaned as specified in divisions (F) to (I) of rule 3717-1-04.5 of
the Administrative Code, rinsed as specified in division (J) of rule
3717-1-04.5 of the Administrative Code, and sanitized as specified in
rule 3717-1-04.6 of the Administrative Code.
(G)
When a department of natural resources inspection tag is required for
an animal subject to custom meat processing, a food service operation
or retail food establishment shall ensure that the tag or tag number
remains with the animal throughout the custom process period and
returned with the meat product to the owner.
(H)
A food service operation or retail food establishment shall identify
all products for custom meat processing in the facility as not for
sale.
Sec.
3717.22.
(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 to be
licensed as a food service operation and an entity exempt under
division (B)(10) of that section if the entity is regulated by the
department of agriculture as a food processing establishment under
section 3715.021 of the Revised Code;
(3)
A business or that portion of a business that is regulated by the
federal government or the department of agriculture as a food
manufacturing or food processing business, including a business or
that portion of a business regulated by the department of agriculture
under Chapter 911., 913., 915., 917., 918., or 925. of the Revised
Code.
(B)
All of the following are exempt from the requirement to be licensed
as a retail food establishment:
(1)
An establishment with commercially prepackaged foods that are not
potentially hazardous and contained in displays, the total space of
which equals less than two hundred cubic feet;
(2)
A person at a farmers market that offers for sale only one or more of
the following:
(a)
Fresh unprocessed fruits or vegetables;
(b)
Products of a cottage food production operation
or microenterprise home kitchen operation
;
(c)
Tree syrup, sorghum, honey, apple syrup, or apple butter that is
produced by a tree syrup or sorghum producer, beekeeper, or apple
syrup or apple butter processor described in division (A) of section
3715.021 of the Revised Code;
(d)
Wine as authorized under section 4303.2010 of the Revised Code;
(e)
Commercially prepackaged food that is not potentially hazardous, on
the condition that the food is contained in displays, the total space
of which equals less than one hundred cubic feet on the premises
where the person conducts business at the farmers market.
(3)
A person who offers for sale at a roadside stand only fresh fruits
and fresh vegetables that are unprocessed;
(4)
A nonprofit organization exempt from federal income taxation under
section 501(c)(3) of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises funds by
selling foods and that, if required to be licensed, would be
classified as risk level one in accordance with rules establishing
licensing categories for retail food establishments adopted under
section 3717.33 of the Revised Code, if the sales occur inside a
building and are for not more than seven consecutive days or more
than fifty-two separate days during a licensing period. This
exemption extends to any individual or group raising all of its funds
during the time periods specified in division (B)(4) of this section
for the benefit of the nonprofit organization by selling foods under
the same conditions.
(5)
An establishment that offers food contained in displays of less than
five hundred square feet, and if required to be licensed would be
classified as risk level one pursuant to rules establishing licensing
categories for retail food establishments adopted under section
3717.33 of the Revised Code, on the condition that the establishment
offers the food for sale at retail not more than six months in each
calendar year;
(6)
A cottage food production operation, on the condition that the
operation offers its products directly to the consumer from the site
where the products are produced;
(7)
A tree syrup and sorghum processor, beekeeper, or apple syrup and
apple butter processor described in division (A) of section 3715.021
of the Revised Code, on the condition that the processor or beekeeper
offers only tree syrup, sorghum, honey, apple syrup, or apple butter
directly to the consumer from the site where those products are
processed;
(8)
A person who annually maintains five hundred or fewer birds, on the
condition that the person offers the eggs from those birds directly
to the consumer from the location where the eggs are produced or at a
farm product auction to which division (B)(11) of this section
applies;
(9)
A person who annually raises and slaughters one thousand or fewer
chickens, on the condition that the person offers dressed chickens
directly to the consumer from the location where the chickens are
raised and slaughtered or at a farm product auction to which division
(B)(11) of this section applies;
(10)
A person who raises, slaughters, and processes the meat of
nonamenable species described in divisions (A) and (B) of section
918.12 of the Revised Code, on the condition that the person offers
the meat directly to the consumer from the location where the meat is
processed or at a farm product auction to which division (B)(11) of
this section applies;
(11)
A farm product auction, on the condition that it is registered with
the director pursuant to section 3717.221 of the Revised Code that
offers for sale at the farm product auction only one or more of the
following:
(a)
The products described in divisions (B)(8) to (10) of this section
that are produced, raised, slaughtered, or processed, as appropriate,
by persons described in divisions (B)(8) to (10) of this section;
(b)
Fresh unprocessed fruits or vegetables;
(c)
Products of a cottage food production operation
or microenterprise home kitchen operation
;
(d)
Tree syrup, sorghum, honey, apple syrup, or apple butter that is
produced by a tree syrup or sorghum producer, beekeeper, or apple
syrup or apple butter processor described in division (A) of section
3715.021 of the Revised Code.
(12)
An establishment that, with respect to offering food for sale, offers
only alcoholic beverages or prepackaged beverages that are not
potentially hazardous;
(13)
An establishment that, with respect to offering food for sale, offers
only alcoholic beverages, prepackaged beverages that are not
potentially hazardous, or commercially prepackaged food that is not
potentially hazardous, on the condition that the commercially
prepackaged food is contained in displays, the total space of which
equals less than two hundred cubic feet on the premises of the
establishment;
(14)
An establishment that, with respect to offering food for sale, offers
only fountain beverages that are not potentially hazardous;
(15)
A person who offers for sale only one or more of the following foods
at a festival or celebration, on the condition that the festival or
celebration is organized by a political subdivision of the state and
lasts for a period not longer than seven consecutive days:
(a)
Fresh unprocessed fruits or vegetables;
(b)
Products of a cottage food production operation
or microenterprise home kitchen operation
;
(c)
Tree syrup, sorghum, honey, apple syrup, or apple butter if produced
by a tree syrup or sorghum processor, beekeeper, or apple syrup or
apple butter processor as described in division (A) of section
3715.021 of the Revised Code;
(d)
Commercially prepackaged food that is not potentially hazardous, on
the condition that the food is contained in displays, the total space
of which equals less than one hundred cubic feet;
(e)
Fruit butter produced at the festival or celebration and sold from
the production site.
(16)
A farm market on the condition that it is registered with the
director pursuant to section 3717.221 of the Revised Code that offers
for sale at the farm market only one or more of the following:
(a)
Fresh unprocessed fruits or vegetables;
(b)
Products of a cottage food production operation
or microenterprise home kitchen operation
;
(c)
Tree syrup, sorghum, honey, apple syrup, or apple butter that is
produced by a tree syrup or sorghum producer, beekeeper, or apple
syrup or apple butter processor described in division (A) of section
3715.021 of the Revised Code;
(d)
Commercially prepackaged food that is not potentially hazardous, on
the condition that the food is contained in displays, the total space
of which equals less than one hundred cubic feet on the premises
where the person conducts business at the farm market;
(e)
Cider and other juices manufactured on site at the farm market;
(f)
The products or items described in divisions (B)(8) to (10) of this
section, on the condition that those products or items were produced
by the person offering to sell them, and further conditioned that,
with respect to eggs offered, the person offering to sell them
annually maintains five hundred or fewer birds, and with respect to
dressed chickens offered, the person annually raises and slaughters
one thousand or fewer chickens.
(17)(a)
An establishment to which all of the following apply:
(i)
The establishment has been issued an A-2 permit under section 4303.03
of the Revised Code or an A-2f permit under section 4303.031 of the
Revised Code, annually produces ten thousand gallons or less of wine,
and sells that wine in accordance with Chapter 4303. of the Revised
Code on the premises of the establishment.
(ii)
The establishment serves unopened commercially prepackaged food,
other than wine.
(iii)
The amount of the establishment's commercially prepackaged food
sales, other than wine sales, for the previous calendar year did not
exceed five per cent of the establishment's total gross receipts.
(b)
The owner or operator of the establishment shall notify the director
that it is exempt from licensure because it qualifies under division
(B)(17)(a) of this section. The owner or operator also shall display
a notice in a place conspicuous to all of its guests informing them
that the establishment is not required to be licensed as a retail
food establishment.
(18)
A microenterprise home kitchen operation that sells and delivers food
in accordance with section 3715.026 of the Revised Code.
Section
2.
That
existing sections 3715.01, 3715.021, 3715.022, 3715.023, and 3717.22
of the Revised Code are hereby repealed.