SB38 • 2026

Establish liability standard for certain food-related injuries

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: William P. DeMora
Last action
Official status: As Introduced
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Establish liability standard for certain food-related injuries

To enact section 2307.56 of the Revised Code to provide for a reasonable expectation test in determining liability for injury caused by consumption of food containing a substance injurious to health and for the jury to make that determination.

What This Bill Does

To enact section 2307.56 of the Revised Code to provide for a reasonable expectation test in determining liability for injury caused by consumption of food containing a substance injurious to health and for the jury to make that determination.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

Ohio Legislature
As Introduced

Official Summary Text

To enact section 2307.56 of the Revised Code to provide for a reasonable expectation test in determining liability for injury caused by consumption of food containing a substance injurious to health and for the jury to make that determination.

Current Bill Text

Read the full stored bill text

S. B. No. 38 IN

As Introduced

CORRECTED
VERSION

136th
General Assembly

Regular
Session
S. B. No. 38

2025-2026

Senator DeMora

Cosponsor: Senator Smith

A
BILL

To
enact section 2307.56 of the Revised Code
to
provide for a reasonable expectation test in determining liability
for injury caused by consumption of food containing a substance
injurious to health and for the jury to make that determination.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 2307.56 of the Revised Code be enacted to read as follows:

Sec.
2307.56.
(A)
As used in this section:

(1)
"Food" and "food service operation" have the same
meanings as in section 3717.01 of the Revised Code.

(2)
"Operator" means the person, association, corporation, or
governmental operation that is responsible for conducting a food
service operation.

(3)
"Supplier" has the same meaning as in section 2307.71 of
the Revised Code as it applies to the placing of food in the stream
of commerce.

(B)
In a civil action for damages brought by a person who suffered
injury, death, or loss to person allegedly caused by the person's
consumption of food that contained a substance that is injurious to
human health and was provided to the person by a food service
operation or obtained by the person from a supplier, the liability of
the operator of the food service operation or the liability of the
supplier is determined by whether the injured person, in consuming
such food, had a reasonable expectation that the food did not contain
a substance that is injurious to human health.

(C)
The trier of fact shall determine whether the person who suffered the
injury, death, or loss to person reasonably expected that the food
consumed by the person did not contain a substance injurious to human
health.