Bill Text: OH HB97 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: Regarding temporary food service operations.
Spectrum: Slight Partisan Bill (Republican 9-3)
Status: (Introduced - Dead) 2009-03-24 - To Local Government/Public Administration [HB97 Detail]
Download: Ohio-2009-HB97-Introduced.html
|
|
Representative Zehringer
Cosponsors:
Representatives Huffman, Grossman, Gardner, Bubp, Combs, Evans, Stebelton, Domenick, Hall, Okey, Ujvagi
To amend sections 3717.43 and 3717.47 of the Revised | 1 |
Code regarding temporary food service operations. | 2 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3717.43 and 3717.47 of the Revised | 3 |
Code be amended to read as follows: | 4 |
Sec. 3717.43. (A) Each person or government entity | 5 |
requesting a food service operation license or the renewal of a | 6 |
license shall apply to the appropriate licensor on a form provided | 7 |
by the licensor. Licensors shall use a form prescribed and | 8 |
furnished to the licensor by the director of health or a form | 9 |
prescribed by the licensor that has been approved by the director. | 10 |
The applicant shall include with the application all information | 11 |
necessary for the licensor to process the application, as | 12 |
requested by the licensor. | 13 |
An application for a food service operation license, other | 14 |
than an application for a mobile or catering food service | 15 |
operation license, shall be submitted to the licensor for the | 16 |
health district in which the food service operation is located. An | 17 |
application for a mobile food service operation license shall be | 18 |
submitted to the licensor for the health district in which the | 19 |
applicant's business headquarters are located, or, if the | 20 |
headquarters are located outside this state, to the licensor for | 21 |
the district where the applicant will first operate in this state. | 22 |
An application for a catering food service operation license shall | 23 |
be submitted to the licensor for the district where the | 24 |
applicant's base of operation is located. | 25 |
(B) The licensor shall review all applications received. The | 26 |
licensor shall issue a license for a new food service operation | 27 |
when the applicant submits a complete application and the licensor | 28 |
determines that the applicant meets all other requirements of this | 29 |
chapter and the rules adopted under it for receiving the license. | 30 |
The licensor shall issue a renewed license on receipt of a | 31 |
complete renewal application. | 32 |
The licensor shall issue licenses for food service operations | 33 |
on forms prescribed and furnished by the director of health. If | 34 |
the license is for a mobile food service operation, the licensor | 35 |
shall post the operation's layout, equipment, and menu on the back | 36 |
of the license. | 37 |
A mobile or catering food service operation license issued by | 38 |
one licensor shall be recognized by all other licensors in this | 39 |
state. | 40 |
(C)(1) A food service operation license expires at the end of | 41 |
the licensing period for which the license is issued, except as | 42 |
follows: | 43 |
(a) A license issued to a new food service operation after | 44 |
the first day of December shall not expire until the end of the | 45 |
licensing period next succeeding issuance of the license. | 46 |
(b) A temporary food service operation license expires at the | 47 |
end of the period for which it is issued. | 48 |
(2) All food service operation licenses remain valid until | 49 |
they are scheduled to expire unless earlier suspended or revoked | 50 |
under section 3717.49 of the Revised Code. | 51 |
(D) A food service operation license may be renewed, except | 52 |
that a temporary food service operation license is not renewable. | 53 |
A person or government entity seeking license renewal shall submit | 54 |
an application for renewal to the licensor not later than the | 55 |
first day of March, except that in the case of a mobile or | 56 |
seasonal food service operation the renewal application shall be | 57 |
submitted before commencing operation in a new licensing period. A | 58 |
licensor may renew a license prior to the first day of March or | 59 |
the first day of operation in a new licensing period, but not | 60 |
before the first day of February immediately preceding the | 61 |
licensing period for which the license is being renewed. | 62 |
If a renewal application is not filed with the licensor or | 63 |
postmarked on or before the first day of March or, in the case of | 64 |
a mobile or seasonal food service operation, the first day of | 65 |
operation in a new licensing period, the licensor shall assess a | 66 |
penalty. The amount of the penalty shall be the lesser of fifty | 67 |
dollars or twenty-five per cent of the fee charged for renewing | 68 |
licenses, if the licensor charges renewal fees. If an applicant is | 69 |
subject to a penalty, the licensor shall not renew the license | 70 |
until the applicant pays the penalty. | 71 |
(E)(1) A licensor may issue
not more than | 72 |
temporary food service operation licenses per licensing period to | 73 |
the same person or government entity to operate at different | 74 |
events within the licensor's jurisdiction. For each particular | 75 |
event, a licensor may issue only one temporary food service | 76 |
operation license to the same person or government entity. | 77 |
(2) A licensor may issue a temporary food service operation | 78 |
license to operate for more than five consecutive days if both of | 79 |
the following apply: | 80 |
(a) The operation will be operated at an event organized by a | 81 |
county agricultural society or independent agricultural society | 82 |
organized under Chapter 1711. of the Revised Code; | 83 |
(b) The person who will receive the license is a resident of | 84 |
the county or one of the counties for which the agricultural | 85 |
society was organized. | 86 |
(3) A person may be granted only one temporary food service | 87 |
operation license per licensing period pursuant to division (E)(2) | 88 |
of this section. | 89 |
(F) The licensor may place restrictions or conditions on a | 90 |
food service operation license limiting the types of food that may | 91 |
be prepared or served by the food service operation based on the | 92 |
equipment or facilities of the food service operation. Limitations | 93 |
pertaining to a mobile or catering food service operation shall be | 94 |
posted on the back of the license. | 95 |
(G) The person or government entity holding a license for a | 96 |
food service operation shall display the license for that food | 97 |
service operation at all times at the licensed location. A person | 98 |
or government entity holding a catering food service operation | 99 |
license shall also maintain a copy of the license at each catered | 100 |
event. | 101 |
(H) With the assistance of the department of health, the | 102 |
licensor, to the extent practicable, shall computerize the process | 103 |
for licensing food service operations. | 104 |
Sec. 3717.47. | 105 |
inspections of food service operations conducted by a licensor | 106 |
under this chapter: | 107 |
(A) The inspections shall be conducted according to the | 108 |
procedures | 109 |
under section 3717.51 of the Revised Code. | 110 |
(B)(1) Except as provided in division (B)(2) of this section, | 111 |
the inspections shall be conducted according to the schedule of | 112 |
frequency specified in the rules adopted under section 3717.51 of | 113 |
the Revised Code. | 114 |
(2) A temporary food service operation is not subject to | 115 |
inspection if all of the conditions are met: | 116 |
(a) The event for which the temporary food service operation | 117 |
license was issued occurs at the same location as the event for | 118 |
which a previous temporary food service operation license was | 119 |
issued. | 120 |
(b) The person or government entity holding the license for | 121 |
the temporary food service operation is the same person or | 122 |
government entity that held the license for the previous temporary | 123 |
food service operation. | 124 |
(c) The previous temporary food service operation was | 125 |
inspected during its operation. | 126 |
(d) The temporary food service operation begins operating not | 127 |
more than thirty days after the previous temporary food service | 128 |
was inspected. | 129 |
(C) An inspection may be performed only by an individual | 130 |
registered as a sanitarian or sanitarian-in-training under Chapter | 131 |
4736. of the Revised Code.
| 132 |
(D) Each inspection shall be recorded on a form prescribed | 133 |
and furnished by the director of health or a form approved by the | 134 |
director that has been prescribed by a board of health acting as | 135 |
licensor. | 136 |
(E) With the assistance of the director, a board acting as | 137 |
licensor, to the extent practicable, shall computerize the | 138 |
inspection process and shall standardize the manner in which its | 139 |
inspections are conducted. | 140 |
| 141 |
food service operation | 142 |
the licensor to inspect the food service operation for purposes of | 143 |
determining compliance with this chapter and the rules adopted | 144 |
under it or investigating a complaint regarding foodborne disease. | 145 |
On request of the licensor, the license holder shall permit the | 146 |
licensor to examine the records of the food service operation to | 147 |
obtain information about the purchase, receipt, or use of food, | 148 |
supplies, and equipment. | 149 |
(G) A licensor may inspect any mobile food service operation | 150 |
or catering food service operation being operated within the | 151 |
licensor's district. If an inspection of a mobile or catering food | 152 |
service operation is conducted by a licensor other than the | 153 |
licensor that issued the license for the operation, a report of | 154 |
the inspection shall be sent to the issuing licensor. The issuing | 155 |
licensor may use the inspection report to suspend or revoke the | 156 |
license under section 3717.49 of the Revised Code. | 157 |
| 158 |
determine the identity and source of a particular food. | 159 |
Section 2. That existing sections 3717.43 and 3717.47 of the | 160 |
Revised Code are hereby repealed. | 161 |