As Introduced
136th General Assembly
Regular Session 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
A B I L L
To amend sections 3715.01, 3715.021, 3715.022,
3715.023, and 3717.22 and to enact section
3715.026 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 section 3715.026 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;
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(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
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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:
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(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:
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(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.
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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.
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(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
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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
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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, "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 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.
(B) The director of agriculture shall adopt rules in
accordance with Chapter 119. of the Revised Code that establish,
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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
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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 alcoholic beverages or food containing
any drug.
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(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 not more than once per year, unless it is
investigating a report of foodborne illness, has reasonable
suspicion of an immediate threat to public health, or is re-
inspecting a microenterprise home kitchen operation that had a
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violation detected in a prior inspection. Inspections shall be
limited to the home kitchen in the home.
(2) The director or the director's designee shall obtain
an administrative warrant prior to conducting any 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 seventy-five
dollars annually.
(4) The department shall publish its inspection standards
on its web site and shall ensure that each operation receives a
copy of the inspection standards and criteria it uses to conduct
inspections when submitting an application for registration with
the department.
(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) Store and prepare food in accordance with the
requirements described in division (F) of this section;
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(6) Sell and deliver homemade food items in accordance
with the requirements in division (G) of this section.
(E) A microenterprise home kitchen operation shall not
operate unless all of the following requirements are met:
(1) The home kitchen shall be equipped with at least one
accessible hand washing sink plumbed with hot and cold potable
water and supplied with hand soap.
(2) The home kitchen shall have surfaces that are easy to
clean and sanitized with a sanitizer that is safe to use on food
preparation surfaces.
(3) The home kitchen shall be free from pests.
(4) Garbage and refuse shall be kept in closed containers
and removed from the premises regularly.
(5) The home kitchen shall have mechanical refrigeration
with sufficient capacity to maintain the temperature of
potentially hazardous food at forty-one degrees Fahrenheit or
below.
(6) All equipment, utensils, and containers used in the
preparation of food in the home kitchen shall be washed with
soap and water or sanitizer for cleaning food contact surfaces
and kept clean.
(7) Animals, including pets, shall not enter the home
kitchen while food is being prepared.
(F) A microenterprise home kitchen operation shall comply
with all of the following food storage and preparation
requirements:
(1) Food shall be in sound condition, free from spoilage,
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filth, or other contamination, and shall be safe for human
consumption. Food products shall not be stored on the floor, and
food shall only be prepared in the home kitchen.
(2) Prepared potentially hazardous food shall be
maintained at forty-one degrees Fahrenheit or below under
mechanical refrigeration.
(3) Prepared potentially hazardous food shall be cooled to
forty-one degrees Fahrenheit or below within four hours of
preparation.
(4) Food ingredients shall be stored in original
containers. If removed from the original container, food and
ingredients shall be stored in labeled and closed containers of
a material that will prevent the food from becoming adulterated.
(5) Any person preparing food in the home kitchen shall do
all the following:
(a) Be free from contagious or communicable diseases,
sores, or infected wounds, and keep their hair restrained;
(b) Keep themselves and their clothing clean;
(c) Ensure that their hands are washed as frequently as
necessary to maintain good sanitation and not cross-contaminate
food;
(d) Minimize bare hand contact with prepared food;
(e) Not smoke while handling or preparing food or in food
preparation or storage areas while preparing food.
(G) A microenterprise home kitchen operation shall comply
with all of the following sale and delivery requirements:
(1) A homemade food item that does not contain dairy or
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meat 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 contain dairy or meat 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.
(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
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shall not be suspended or revoked until the registration holder
is provided a warning, has had an opportunity to correct the
violation, and has had an opportunity to 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. 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
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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;
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(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
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531 H. B. No. 134 Page 20
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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:
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560 H. B. No. 134 Page 21
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(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:
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589 H. B. No. 134 Page 22
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(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
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617 H. B. No. 134 Page 23
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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
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646 H. B. No. 134 Page 24
As Introduced
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.
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