Bill Text: OH HB97 | 2009-2010 | 128th General Assembly | Introduced

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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

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 97

Representative Zehringer 

Cosponsors: Representatives Huffman, Grossman, Gardner, Bubp, Combs, Evans, Stebelton, Domenick, Hall, Okey, Ujvagi 

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A BILL

To amend sections 3717.43 and 3717.47 of the Revised

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Code regarding temporary food service operations.

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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 tentwenty	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. (A) All of the following apply with respect to	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 and schedule of frequency specified in rules adopted	109
under section 3717.51 of the Revised Code. An	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. Each	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. With	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

(B)(F) A person or government entity holding a license for a	141
food service operation licensesubject to inspection shall permit	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

(C)(H) An inspection may include an investigation to	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