Ohio Adm.Code 901:2 | Ohio Administrative Code 901:2 — Department of Agriculture | Meat Inspection

Chapter 901:2-1 Uniform State Meat Inspection Service

Ohio Adm.Code 901:2-1-01 Uniform state meat inspection service - intrastate production.

The federal meat inspection regulations housed in Title 9 of the Code of Federal Regulations parts 300 to 442 (2024) adopted pursuant to the Federal Meat Inspection Act (34 Stat. 1260) as amended by the Wholesome Meat Act (81 Stat. 584, 21 U.S.C. Supp., Section 601 et seq.) are adopted in their entirety with the exception of those provisions amended or deleted by this chapter.

The purpose of this chapter is to regulate the production of meat food products as defined in 9 C.F.R. 301.2.

All violations of this chapter are governed pursuant to Chapter 901:2-2 of the Administrative Code.

Last updated June 23, 2025 at 1:34 PM

History

Effective: June 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:2-1-02 Amended definitions.

As adopted in rule 901:2-1-01 of the Administrative Code, where ever used in 9 C.F.R. parts 300 to 442, the following definitions are modified as follows:

(A) "Administrator" shall be read as "chief."

(B) "Circuit Supervisor" shall be read as "district supervisor and/or regional veterinarian."

(D) "Secretary" or "secretary of agriculture" shall be read as "director of the Ohio department of agriculture."

(E) "United States department of agriculture" or "department" shall be read as "Ohio department of agriculture."

(F) "U.S. condemned" shall be read as "Ohio condemned."

(G) "U.S. inspected and condemned" shall be read as "Ohio inspected and condemned."

(H) "U.S. inspected and passed" shall be read as "Ohio inspected and passed."

(I) "U.S. inspected and passed by department of agriculture" shall be read as "Ohio inspected and passed by department of agriculture."

(J) "U.S. passed for cooking" shall be read as "Ohio passed for cooking."

(K) "U.S. passed for refrigeration" shall be read as "Ohio passed for refrigeration."

(L) "U.S. retained" shall be read as "Ohio retained."

(M) "U.S. suspect" shall be read as "Ohio suspect."

Last updated May 1, 2025 at 12:46 PM

History

Effective: October 21, 2019
Promulgated Under: 119.03

Ohio Adm.Code 901:2-1-03 Deleted regulations.

Pursuant to rule 901:2-1-01 of the Administrative Code, the following sections of the federal meat inspection regulations are deleted in their entirety and shall not become rules of the Ohio department of agriculture:

(A) From 9 C.F.R. Part 300, the following paragraphs are hereby not adopted:

(1) 9 C.F.R. 300.2(b)(3);

(2) 9 C.F.R. 300.2(b)(5);

(3) 9 C.F.R. 300.2(b)(7);

(4) 9 C.F.R. 300.4(b); and

(5) 9 C.F.R. 300.6(a)(2).

(B) From 9 C.F.R. Part 301.2, the definition of the term "Territory" is not adopted.

(1) 9 C.F.R. 312.3;

(2) 9 C.F.R. 312.8;

(3) 9 C.F.R. 312.9; and

(4) 9 C.F.R. 312.10.

(D) From 9 C.F.R. Part 316, the following sections are hereby not adopted:

(1) 9 C.F.R. 316.12; and

(2) 9 C.F.R. 316.13(c).

(E) From 9 C.F.R. Part 317, the following sections are hereby not adopted:

(1) 9 C.F.R. 317.7; and

(2) 9 C.F.R. 317.9.

(F) 9 C.F.R. Part 318.8.

(G) 9 C.F.R. Part 321.

(H) 9 C.F.R. Part 322.

(I) 9 C.F.R. Part 325.3.

(J) 9 C.F.R. Part 327.

(K) 9 C.F.R. Part 331.

(L) 9 C.F.R. Part 335.40.

(M) 9 C.F.R. Part 350.

(N) 9 C.F.R. Part 351.

(O) From 9 C.F.R. Part 352, the following sections are not adopted:

(1) 9 C.F.R. Part 352.16;

(2) 9 C.F.R. Part 352.18; and

(3) 9 C.F.R. Part 352.19.

(P) From 9 C.F.R. Part 354, the following paragraphs and sections are not adopted:

(1) 9 C.F.R. Part 354.1(e);

(2) 9 C.F.R. Part 354.1(p);

(3) 9 C.F.R. Part 354.1(r);

(4) 9 C.F.R. Part 354.1(u);

(5) 9 C.F.R. Part 354.1(ff);

(6) 9 C.F.R. Part 354.2(a);

(7) 9 C.F.R. Part 354.2(b);

(8) 9 C.F.R. Part 354.20(b);

(9) 9 C.F.R. Part 354.64;

(10) 9 C.F.R. Part 354.100(c);

(11) 9 C.F.R. Part 354.101;

(12) 9 C.F.R. Part 354.105;

(13) 9 C.F.R. Part 354.106;

(14) 9 C.F.R. Part 354.107;

(15) 9 C.F.R. Part 354.110;

(16) 9 C.F.R. Part 354.128;

(17) 9 C.F.R. Part 354.140;

(18) 9 C.F.R. Part 354.141;

(19) 9 C.F.R. Part 354.142;

(20) 9 C.F.R. Part 354.143; and

(21) 9 C.F.R. Part 354.144.

(Q) 9 C.F.R. Part 362.

(R) 9 C.F.R. Part 381.

(S) 9 C.F.R. Part 390.

(T) 9 C.F.R. Part 391.

(U) 9 C.F.R. 392.

(V) 9 C.F.R. 439.

Last updated June 23, 2025 at 1:34 PM

History

Effective: June 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:2-1-04 Amendments.

As adopted in rule 901:2-1-01 of the Administrative Code, the following sections of 9 C.F.R. part 300 to 9 C.F.R. part 442 are amended to read as follows:

(A) 9 C.F.R. Part 300 is hereby amended as follows:

(1) In 9 C.F.R. 300.3(a) delete existing language and insert:

"The organization of the division of meat inspection reflects the agency's primary regulatory responsibilities: implementation of the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA) as adopted by reference, amended and modified. The division of meat inspection implements the inspection provisions of the FMIA and PPIA through its field structure."

(2) In 9 C.F.R. 300.3(b) delete existing language and insert:

"For more information regarding the Department please visit www.agri.ohio.gov."

(3) In 9 C.F.R. Part 300.4(a) amend the definition of "Inspection program, inspection service, or program" to read as:

"The organizational unit within the Department with responsibility for carrying out the FMIA, the PPIA, and Chapter 918. of the Ohio Revised Code."

(4) In 9 C.F.R. Part 300.4(a) amend the definition of "Inspector" to read as:

"Inspector of the inspection program. ("Inspector" includes an employee or official of the Ohio department of agriculture, division of meat inspection who is authorized by the director to inspect meat and meat products or poultry and poultry products under the FMIA or the PPIA, respectively, under an agreement entered unto between United States department of agriculture and the state of Ohio."

(B) 9 C.F.R. Part 301 is hereby amended as follows:

(1) In 9 C.F.R. Part 301.2, amend the definition of the term "the Act" to read as follows:

"The act means the Federal meat inspection act, as amended (34 Stat. 1260, as amended, 81 Stat. 584, 84 Stat. 438, 92 Stat. 1069, 21 Stat. U.S.C. 601 et seq.), Chapter 918. of the Ohio Revised Code, and the chapters housed in division 901:2 of the Ohio Administrative Code."

(2) In 9 C.F.R. Part 301.2, add a definition of the term "slaughter" to read as follows:

"Slaughter means livestock capable of use as human food and has been killed for such purpose. Terms such as 'slaughter', 'dispatch', and 'harvest' are synonymous and shall be used interchangeably."

(3) In 9 C.F.R. Part 301.2, add a definition of the term "volunteer" to read as follows:

"Volunteer means an individual who has agreed to assist, without compensation, a non-profit entity, corporation, and/or association, a political subdivision, school, or any other state or government agency acting as a caterer or central kitchen as those entities are defined in Title 9 C.F.R., Part 303.1(d)(2)(iv)(b) and (c) as adopted by paragraph (A) of rule 901:2-1-01 of the Administrative Code. The caterer or central kitchen shall exercise direct supervision of the volunteers and then training as that term is described in rule 3717-1-02.4 of the Administrative Code."

(1) In 9 C.F.R. 303.1(a)(1), delete existing language and insert:

"The slaughtering by the owner of livestock of their own raising on their own premise, or the slaughter by an individual operating a mobile facility to prepare products for the owner of the livestock on the owner's premise and the preparation by them and transportation in commerce of the carcasses, parts thereof, meat and meat food products of such livestock exclusively for use by them and members of their household and their nonpaying guests and employees;"

(2) In 9 C.F.R. 303.1(a)(2)(ii), delete existing language and insert:

"If the custom operator prepares or handles any products for sale, they are kept separate and apart from custom prepared products at all times while the latter are in his custody. Products originating from 'custom' operations (operator compensated only for service and not product) cannot be sold unless prepared under full inspection. Facilities preparing products for the owner's use in a retail operation would be required licensing under a custom exemption."

(3) In 9 C.F.R. 303.1(b)(3), delete existing language and insert:

"The custom operators claiming exemptions under paragraph (a)(2) of this section shall keep records, in addition to records otherwise required by part 320 of this subchapter, showing the numbers and kinds of livestock slaughtered on a custom basis, and the names and addresses of the owners of the livestock and products. An animal delivered for slaughter may be listed with up to four owners with indication of the part of the animal each owner is to receive (e.g., four owners could each receive a quarter carcass of an animal delivered for custom slaughter.)"

(4) In 9 C.F.R. 303.1(d)(2)(iv)(b), delete existing language and insert:

"The definition of a restaurant includes a caterer whose employees or designated volunteers deliver or serve product in meals, or as entrees, only to individual consumers and otherwise meets the requirements of this paragraph."

(5) In 9 C.F.R. 303.1(d)(2)(iv)(c), delete existing language and insert:

"For purposes of this paragraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant if the restaurant central kitchen prepares meat or meat food products that are ready to eat when they leave such facility (i.e., no further cooking or other preparation is needed, except that they may be reheated prior to serving if chilled during transportation), transported directly to a receiving restaurant by its own employees, or a volunteer designated by the restaurant, without intervening transfer or storage, maintained in a safe, unadulterated condition during transportation, and served in meals or as entrees only to customers at restaurants, or through vending machines, owned or operated by the same person that owns or operates such facility, and which otherwise meets the requirements of this paragraph: Providedthat the requirements of 320.1 through 320.4 of this subchapter apply to such facility. Provided further, That the exempted facility may be subject to inspection requirements under the Act for as long as the Administrator deems necessary, if the Administrator determines that the sanitary conditions or practices of the facility or the processing procedures or methods at the facility are such that any of its meat or meat food products are rendered adulterated. When the Administrator has made such determination and subjected a restaurant central kitchen facility to such inspection requirements, the operator of such facility shall be afforded an opportunity to dispute the Administrator's determination in a hearing pursuant to rules of practice which will be adopted for this proceeding."

(D) 9 C.F.R. Part 304 is hereby amended as follows:

(1) In 9 C.F.R. 304.1(a), delete existing language and insert:

"Before the inspection is granted, each person conducting operations at an establishment subject to the Act, whether tenant, subsidiary, or landlord, shall make application therefor to the Director as provided for in this part, unless the operations subject to the act has a USDA grant of inspection."

(2) In 9 C.F.R. 304.1(b), delete existing language and insert:

"Every application under this section shall be made on an official form furnished by the Program, available from the Department and shall be completed to include all information requested. Trade names of the applicant for labeling purposes shall be inserted in the appropriate blank in the application. Each applicant for inspection will be held responsible for compliance with the Act and the regulations in this subchapter if inspection license is issued. Preparation of product and other operations at the establishment for which inspection is granted may be conducted only by the applicant named in the application."

(3) In 9 C.F.R. 304.2(a), delete existing language and insert:

"The Department shall provide an Inspection License to each applicant eligible to receive said license, which will include what operations the applicant is registered and/or licensed to conduct."

(4) In 9 C.F.R. 304.2(b), delete existing language and insert:

"The Director is authorized to issue an inspection license upon his determination that the applicant and the establishment are eligible therefor and to refuse to grant inspection at any establishment if he determines that it does not meet the requirements of this part or the regulations in 9 C.F.R. 305, 307, and 9 C.F.R. 416, 416.1 through 416.6 or that the applicant has not received approval of labeling and containers to be used at the establishment as required by the regulations in 9 C.F.R. 316 and 317. Any application for inspection may be refused in accordance with the rules of practice in 901:2-2 of the Ohio Administrative Code."

(5) In 9 C.F.R. 304.3(a), delete existing language and insert:

"Before being issued an inspection license, an establishment must have developed written sanitation Standard Operating Procedures, as required by 9 C.F.R. 416, and written recall procedures as required by 9 C.F.R. 418."

(6) In 9 C.F.R. 304.3(b), delete existing language and insert:

"Before being issued and inspection license, an establishment shall have conducted a hazard analysis and developed a Hazard Analysis Critical Control Point (HACCP) plan, as required by 9 C.F.R. 417.2. During a period not to exceed ninety days after the date the new inspection license is issued, the establishment shall validate its HACCP plan, in accordance with 9 C.F.R. 417.4."

(E) In 9 C.F.R. Part 306.3 delete existing language and insert:

"Picture Identification Badge as Identification of Inspectors - Each inspector will be furnished with a picture identification badge, which he/she shall not allow to leave his/her possession, and which he/she shall wear in such manner and at such times as the Director may prescribe."

(F) 9 C.F.R. Part 307 is hereby amended as follows:

(1) In 9 C.F.R. 307.1, delete the following language:

"Laundry service for inspector's outer work clothing shall be provided by each establishment."

(2) In 9 C.F.R. 307.6(a), delete existing language and insert:

"Each recipient of overtime or holiday inspection service, or both, shall be billed as provided in section 307.5(a) and at the rate established by the director, in increments of tenths of an hour. For billing purposes, one to six minutes shall be considered a tenth of an hour. Seven to twelve minutes, two tenths, thirteen to eighteen minutes, three tenths, nineteen to twenty-four minutes, four tenths, twenty-five to thirty minutes, five tenths, thirty-one to thirty-six minutes, six tenths, thirty-seven to forty-two minutes, seven tenths, forty-three to forty-eight minutes, eight tenths, forty-nine to fifty-four minutes, nine tenths and fifty-five to sixty minutes, one hour. Billing will be for each tenth of an hour of service rendered by each program employee."

(3) In 9 C.F.R. 307.6(b), delete existing language and insert:

"Official establishments requesting and receiving the services of a program employee after he has completed his day's assignment and left the premises, or called back to duty during any overtime or holiday period, shall be billed for a minimum of four hours overtime or holiday inspection service at the rate established by the director."

(4) In 9 C.F.R. 307.6(c), delete existing language and insert:

"Overtime charges are to be paid-in-full no later than thirty days from the invoice date. Payments must be made by check, money order, or credit card made payable to the Ohio department of agriculture - division of meat inspection. Overtime and holiday inspection may not be performed for an establishment having a delinquent account."

(5) In 9 C.F.R. 307.6, insert the following language as paragraph (d):

"The overtime and holiday rate for inspection services provided pursuant to section 307.5 is $46.80 per hour per program employee."

(G) In 9 C.F.R. Part 310.12, delete existing language and insert:

"The sternum to be split; abdominal and thoracic viscera shall be removed. The sternum of each carcass shall be split and the abdominal and thoracic viscera shall be removed at the time of slaughter in order to allow proper inspection. In some cases with roasting pigs, veal, goats and sheep carcasses, the following procedure as approved by the regional veterinary supervisor may be allowed:

(1) Pelvic area: The pelvic bone may remain intact after dropping the bung provided the pizzle, castration scars, and testicles are removed and no pathology or contamination is present;

(2) Abdomen: The incision shall be complete from the anterior brim of the pelvis to the xyphoid cartilage;

(3) Thorax: Good dressing procedures regardless of the size of swine shall be followed and if there is no pathology and/or contamination present in the thoracic area; if the establishment demonstrates the ability to remove the thoracic viscera without severing the esophagus at the thoracic inlet; if the establishment can remove the thoracic viscera without spillage of ingesta from the esophagus into or onto the carcass; then the splitting of the sternum is optional. However if contamination occurs or pathology is present, the sternum shall be split and the carcass properly presented for inspection;

(4) Neck area: The opening incision shall be from the first rib to the symphysis of the mandible and deep enough to allow removal of the trachea and larynx. In cattle, the tongue must be dropped for examination and palpation. The tonsils must be removed and the head and sinuses flushed. Proper lighting must be supplied (minimum of fifty foot candle power) by the establishment to accomplish inspection, either by permanent light fixtures or portable hand-held equipment;

(5) Heads: Diseased heads and gunshot heads shall be condemned and heads passed shall be treated as market heads with eyelids and eardrums removed and sinuses and mouth flushed; and,

(6) Boars shall be handled as required by regulation regarding sexual odor."

(H) 9 C.F.R. Part 311 is hereby amended as follows:

(1) In 9 C.F.R. 311.20(a) delete existing language and insert paragraph 311.20(a)(1):

"Except as outlined in 9 C.F.R. 311.20(a)(2), carcasses of swine which give off a pronounced sexual odor shall be condemned."

(2) In 9 C.F.R. 311.20, insert paragraph 311.20(a)(2):

"Carcasses of swine which give off a pronounced sexual odor may not be condemned if the animal is owned by an individual other than the establishment when it is presented for antemortem inspection and the owner wants the carcass for his own use. In those cases the following is permitted:

(i) The carcass will be downgraded to 'not for sale' and handled as uninspected product;

(ii) The owner shall sign a statement that he/she was informed of the condition; and

(iii) An entry shall be made on the exempt products log to identify the custom product/processes for the animal including the owner name and address."

(I) 9 C.F.R. Part 312 is hereby amended as follows:

(1) In 9 C.F.R. 312.2(a) delete existing language and insert the following as paragraph (a)(1):

"The official inspection legend required by parts 316 of this subchapter to be applied to inspected and passed carcasses and parts of carcasses of cattle, sheep, swine and goats, meat food products in animal casings, and other products as approved by the Chief, shall be in the appropriate form as hereinafter specified. The number "141" is given as an example only. The establishment number of the official establishment where the product is prepared shall be used in lieu thereof.

For application to sheep carcasses, the loins and ribs of pork and beef tails the official inspection legend required by part 316 of this subchapter will appear in the following format at a size of one and one quarter inches (1.25 inches):

For application to beef, hog, veal, and goat carcasses, primal parts and cuts there-from, beef livers, beef tongues, beef hearts, burlap, muslin, cheesecloth, heavy paper or other acceptable material that encloses carcasses or parts of carcasses the official inspection legend required by part 316 of this subchapter will appear in the following format at a size of one and three quarter inches (1.75 inches)":

(2) In 9 C.F.R. 312.2, insert the following as paragraph (a)(2):

"For those selected establishments participating in a cooperative interstate shipment program, the official inspection legend required by parts 316 and 332 of this subchapter to be applied to inspected and passed carcasses and parts of carcasses of cattle, sheep, swine and goats, meat food products in animal casings, and other products as approved by the Chief, shall be in the appropriate form as hereinafter specified. The number "141" is given as an example only. The establishment number of the official establishment where the product is prepared shall be used in lieu thereof.

For application to the sheep carcasses, loins and ribs of pork, and beef tails the selected establishment official inspection legend required by part 316 and part 332 of this subchapter will appear in the following format at a size of one and one quarter inches (1.25 inches)":

For application to beef, hog, veal, sheep, and goat carcasses, primal parts and cuts there-from, livers, tongues, hearts, burlap, muslin, cheesecloth, heavy paper or other acceptable material that encloses carcasses or parts of carcasses the selected establishment official inspection legend required by part 316 and part 332 of this subchapter will appear in the following format at a size of one and three quarter inches (1.75 inches)":

(3) In 9 C.F.R. 312.2(b)(1) delete existing language and insert:

"The official inspection legend required by part 317 of this subchapter to be shown on all labels for inspected and passed products of cattle, sheep, swine, and goats shall be in the following form except that it need not be of the size illustrated, provided that it is a sufficient size and of such color as to be conspicuously displayed and readily legible, and the same proportions of letter size and boldness are maintained as illustrated (the number "141" is given as an example only):

The selected establishment official inspection legend required by part 317 and part 332 of this subchapter to be shown on all labels for inspected and passed products of cattle, sheep, swine, and goats shall be in the following form except that it need not be of the size illustrated, provided that it is a sufficient size and of such color as to be conspicuously displayed and readily legible, and the same proportions of letter size and boldness are maintained as illustrated":

(4) In 9 C.F.R. 312.5 delete existing language and insert:

"The official mark for use in sealing railroad cars or other means of conveyance as prescribed in part 325 of this subchapter shall be a serial numbered band seal approved by the director as an official device for purposes of the act."

(5) In 9 C.F.R. 312.6 delete the words "Form MP-427" and "Form MP-35."

(J) In 9 C.F.R. 317.3(c)(1), delete existing language and insert:

"The certificate is an Ohio Department of Agriculture form for signature by a Program employee and the official establishment ordering the brand or other marking device, bearing a certificate serial number and a letterhead and the seal of Ohio Department of Agriculture. The certificate authorizes the making of only the brands or other marking devices of the type and quantity listed on the certificate."

(K) In 9 C.F.R. Part 332.5(c), delete existing language and insert:

"The official establishment number for an Ohio Selected establishment shall immediately precede the suffix "SEOH", i.e. 141 SEOH"

(L) 9 C.F.R. Part 352 is hereby amended as follows:

(1) In 9 C.F.R. 352.1(k) delete existing language and insert:

""Exotic animal" means any reindeer, elk, deer, antelope, water buffalo, bison, yak, bear, or large cats."

(2) In 9 C.F.R. 352.1 insert new paragraph (cc):

""Bear" means any member of the ursidae family not protected by state, federal, or international law as an endangered species."

(3) In 9 C.F.R. 352.1 insert new paragraph (dd):

""Cats" means any member of the felidae family not protected by State, Federal, or international law as an endangered species."

(4) In 9 C.F.R. 352.3(a) delete existing language and insert:

"Any person desiring to process exotic animals, exotic animal carcasses, exotic animal meat and meat food products in an establishment under exotic animal inspection service must receive approval of such establishment and facilities as an official exotic animal establishment and the operation must meet the regulatory requirements for 9 C.F.R. Parts 416, 417, and 418 prior to the rendition of such service."

(5) In 9 C.F.R. 352.3(b) delete existing language and insert:

"An application for inspection service to be rendered in an official exotic animal establishment shall be approved in accordance with the provisions contained in sections 304.1 and 304.2 of subchapter a of this chapter."

(6) In 9 C.F.R. 352.5(b) delete existing language and insert:

"The fees and charges provided for in this section shall be paid by check, draft, or money order payable to the Ohio department of agriculture and shall be remitted promptly upon furnishing to the applicant a statement as to the amount due. Funds will be deposited in accordance with section 918.15 of the Ohio Revised Code. Bills are payable upon receipt and become delinquent thirty days from the date of the bill. Inspection services will not be performed for anyone having a delinquent account."

(7) In 9 C.F.R. 352.5(c) delete existing language and insert:

"The fees to be charged and collected for service under the regulations in this part shall be at a rate set by the director for base time and overtime:"

(8) In 9 C.F.R. 352.5(c), insert the following as paragraph (1):

"Each recipient of voluntary (exotic) inspection service, shall be billed as provided in 9 C.F.R. Parts 352, 354 and 362 at the rate established by the director, in increments of tenths of an hour. For billing purposes, one to six minutes shall be considered a tenth of an hour. Seven to twelve minutes, two tenths, thirteen to eighteen minutes, three tenths, nineteen to twenty-four minutes, four tenths, twenty-five to thirty minutes, five tenths, thirty-one to thirty-six minutes, six tenths, thirty-seven to forty-two minutes, seven tenths, forty-three to forty-eight minutes, eight tenths, forty-nine to fifty-four minutes, nine tenths and fifty-five to sixty minutes, one hour. Billing will be for each tenth of an hour of service rendered by each program employee."

(9) In 9 C.F.R. 352.5(c), insert the following as paragraph (2):

"The base time rate is set at $15.04 per hour. After eight hours of inspection and on holidays, the overtime and holiday rate for inspection services provided pursuant to section 307.5 is $46.80 per hour per program employee."

(M) 9 C.F.R. Part 354 is hereby amended as follows:

(1) In 9 C.F.R. 354.13 delete existing language and insert:

"All inspection service shall be subject to supervision at all times by the district supervisor and/or the division chief or representative. Such service shall be rendered where the facilities and conditions are satisfactory for the conduct of the service and the requisite inspectors are available."

(2) In 9 C.F.R. 354.20(a) delete existing language and insert:

"Any person who is a state meat inspection employee and possessing the proper qualifications as determined by an evaluation of competency, and who is to perform inspection service under this part may be licensed or otherwise authorized by the Director as an inspector."

(3) In 9 C.F.R. 354.34 delete existing language and insert:

"Any person desiring to process and pack products in a plant under inspection service must receive approval of such plant and facilities as an official plant and the operation must meet the regulatory requirements for part 416, part 417 and part 418 prior to the rendition of such service. An application for inspection service to be rendered in an official plant shall be approved according to the following procedure:"

(4) In 9 C.F.R. 354.63 delete existing language and insert:

"Wording and form of inspection mark. Except as otherwise authorized, the inspection mark permitted to be used with respect to inspected and certified edible products shall include wording as follows and in all capitalized letters: "OHIO INSPECTED AND PASSED BY DEPARTMENT OF AGRICULTURE" This wording shall be contained within a triangle in the form and arrangement shown in 9 C.F.R. 352.7(b)(1). The appropriate plant number of the official plant shall be included in the triangle unless it appears elsewhere on the packaging material. The Chief may approve the use of abbreviations of such inspection mark, and such approved abbreviations shall have the same force and effect as the inspection mark. The inspection mark or approved abbreviation thereof, as the case may be, may be applied to the inspected and certified edible product or to the packaging material of such product. When the inspection mark, or the approved abbreviation thereof, is used on packaging material, it shall be printed on such material or on a label to be affixed to the packaging material and the name of the packer or distributor of such product shall be printed on the packaging material or label, as the case may be, except that on shipping containers and containers for institutional packs, the inspection marks may be stenciled on the container and, when the inspection mark is so stenciled, the name and address of the packer or distributor may be applied by the use of a stencil or a rubber stamp. Notwithstanding the foregoing, the name and address of the packer or distributor, if appropriately shown elsewhere on the packaging material, may be omitted from insert labels which bear an official identification if the applicable plant number is shown."

(5) In 9 C.F.R. 354.65 delete existing language and insert:

"The inspection mark approved for use on inspected products shall be contained within a triangle and include the following all capitalized wording: `Ohio inspected and passed by department of agriculture.' The form and arrangement of such wording shall be as indicated in the example below. The plant number of the official plant shall be included within the triangle on the bottom line preceded by "EST."

(6) In 9 C.F.R. 354.100(a) delete existing language and insert:

"The fees and charges provided for in this section shall be paid by check, draft, or money order payable to the Ohio department of agriculture and shall be remitted promptly upon furnishing to the applicant a statement as to the amount due. Funds will be deposited in accordance with section 918.15 of the Revised Code. Bills are payable upon receipt and become delinquent 30 days from the date of the bill. Inspection services will not be performed for anyone having a delinquent account."

(7) In 9 C.F.R. 354.100(b) delete existing language and insert:

"The fees to be charged and collected for service under the regulations in this part shall be at a rate set by the director for base time and overtime."

(8) In 9 C.F.R. 354.100(b), insert the following as paragraph (1):

"Each recipient of voluntary (rabbit) inspection service, shall be billed as provided in 9 C.F.R. Parts 352, 354 and 362 at the rate established by the director, in increments of tenths of an hour. For billing purposes, one to six minutes shall be considered a tenth of an hour. Seven to twelve minutes, two tenths, thirteen to eighteen minutes, three tenths, nineteen to twenty-four minutes, four tenths, twenty-five to thirty minutes, five tenths, thirty-one to thirty-six minutes, six tenths, thirty-seven to forty-two minutes, seven tenths, forty-three to forty-eight minutes, eight tenths, forty-nine to fifty-four minutes, nine tenths and fifty-five to sixty minutes, one hour. Billing will be for each tenth of an hour of service rendered by each program employee."

(9) In 9 C.F.R. 354.100(b), insert the following as paragraph (2):

"The base time rate is set at $15.04 per hour. After eight hours of inspection and on holidays, the overtime and holiday rate for inspection services provided pursuant to 9 C.F.R. 307.5 is $46.80 per hour per program employee."

(10) In 9 C.F.R. 354.240 delete existing language and insert:

"The premises shall be kept free from refuse, waste materials, and all other sources of objectionable odors and conditions. All provisions of 9 C.F.R. 416 shall be met prior to operations."

(N) 9 C.F.R. Part 412 is hereby amended as follows:

(1) In 9 C.F.R. 412.1(a) delete existing language and insert:

"No final label may be used on any product unless the label has been submitted for approval to the Ohio Department of Agriculture (ODA) Labeling Staff, accompanied by ODA Label Approval Application, and approved by such staff, except for generically approved labels authorized for use in 9 C.F.R. 412.2. The management of the official establishment must maintain a copy of all labels used, in accordance with parts 320 and 381, subpart Q. Such records must be made available to any duly authorized representative of the Director upon request."

(2) In 9 C.F.R. 412.1(b) delete existing language and insert:

"All labels required to be submitted for approval as set forth in paragraph (a) of this section will be submitted to the Ohio Department of Agriculture Labeling Staff. A parent company for a corporation may submit only one label application for a product produced in other establishments that are owned by the corporation."

(3) In 9 C.F.R. 412.1(c) delete existing language and insert:

"Ohio Department of Agriculture requires the submission of labeling applications for the following:

(1) Sketch labels as defined in paragraph (d) of this section for products which are produced under a religious exemption;

(2) Special statements and claims as defined in paragraph (e) of this section and presented in the context of a final label;

(3) Requests for the temporary use of final labels as prescribed in paragraph (f) of this section.

(4) In 9 C.F.R. 412.1(f)(2) delete existing language and insert:

"Extensions of temporary approvals may also be granted by the Ohio Department of Agriculture provided that the applicant demonstrates that new circumstances, meeting the above criteria, have developed since the original temporary approval was granted."

(5) In 9 C.F.R. 412.2(a)(1) delete existing language and insert:

"An official establishment, is authorized to use generically approved labels, as defined in paragraph (b) of this section, and thus is free to use such labels without submitting them to the Ohio Department of Agriculture for approval, provided the label, in accordance with this section, displays all mandatory features in a prominent manner in compliance with part 317 or part 381, and is not otherwise false or misleading in any particular."

(6) In 9 C.F.R. 412.2(a)(2) delete existing language and insert:

"The Ohio Department of Agriculture will select samples of generically approved labels from the records maintained by official establishments to determine compliance with label requirements. If the Agency finds that an establishment is using a false or misleading label, it will institute the proceedings prescribed in Part 500.8 of this chapter to revoke the approval for the label."

Last updated July 10, 2026 at 10:41 AM

History

Effective: June 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 3717-1-02.4

(A) Person in charge - assignment of responsibility.

(1) The license holder is the person responsible for the food service operation or retail food establishment. The license holder may be the person in charge or designate a person or persons in charge and to ensure that a person in charge with applicable knowledge is present at the food service operation or retail food establishment during all hours of operation.

(2) Paragraph (A)(1) of this rule does not apply to:

(a) Micro markets as defined in paragraph (B)(72) of rule 3717-1-01 of the Adminstrative Code; and

(b) Vending machine locations as defined in division (L) of section 3717.01 of the Revised Code.

(3) Each risk level III and risk level IV food service operation and retail food establishment is obligated to have at least one employee that has supervisory and management responsibility and the authority to direct and control food preparation and service that has obtained manager certification in food protection according to rule 3701-21-25 of the Administrative Code.

(4) Temporary, mobile, vending locations, and risk level I and risk level II food service operations and retail food establishments are exempt from paragraph (A)(3) of this rule.

(B) Person in charge - demonstration of knowledge.

Based on the risks inherent to the food service operation or retail food establishment, during inspections and upon request the person in charge is to demonstrate to the licensor the applicable knowledge of foodborne disease prevention, application of the hazard analysis and critical control point principles, and the requirements of this chapter as they relate to the food service operation or retail food establishment at the time of inspection. The person in charge is to demonstrate this knowledge by:

(1) Complying with this chapter by having no critical violations during the current inspection; and

(2) Responding correctly to the environmental health specialist's questions as they relate to the specific food service operation or retail food establishment. The areas of knowledge include:

(a) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee;

(b) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease;

(d) Explaining the significance of the relationship between maintaining the time and temperature of time/temperature controlled for safety food and the prevention of foodborne illness;

(e) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish;

(f) Stating the correct food temperatures and times for safe cooking of time/temperature controlled for safety food including eggs, fish, meat, and poultry;

(g) Stating the correct temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of time/temperature controlled for safety food;

(h) Describing the relationship between the prevention of foodborne illness and the management and control of the following:

(i) Cross contamination;

(ii) Hand contact with ready-to-eat foods;

(iii) Handwashing; and

(iv) Maintaining the food service operation or retail food establishment in a clean condition and in good repair.

(i) Identifying major food allergens including milk, egg, fish, tree nuts, wheat, peanuts, sesame, and soybeans as specified in paragraph (B)(68) of rule 3717-1-01 of the Administrative Code;

(j) Explaining the relationship between food safety and providing equipment that is:

(i) Sufficient in number and capacity; and

(ii) Properly designed, constructed, located, installed, operated, maintained, and cleaned.

(k) Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment;

(l) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;

(m) Identifying poisonous or toxic materials in the food service operation or retail food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of properly;

(n) Explaining the details of how the person in charge and food employees comply with the HACCP plan that includes identifying the critical control points in the operation and associated critical limits, if a plan is mandated by this chapter, or an agreement between the licensor and the food service operation or retail food establishment;

(o) Explaining the responsibilities, rights, and authorities assigned by this chapter to the:

(i) Food employee;

(ii) Conditional employee;

(iii) Person in charge;

(iv) Licensor; and

(p) Explaining how the person in charge, food employees, and conditional employees comply with reporting responsibilities and exclusion or restriction of food employees.

The person in charge is to ensure that:

(1) Food service or retail food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under paragraphs (S) and (T) of rule 3717-1-06.1 of the Administrative Code;

(2) Persons unnecessary to the food service operation or retail food establishment are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination;

(3) Employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this chapter;

(4) Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing;

(5) Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the correct temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt;

(6) Employees are verifying that foods delivered to a food service operation or retail food establishment during non-operating hours are from approved sources and are placed into appropriate storage locations such that they are maintained at the correct temperatures, protected from contamination, unadulterated, and accurately presented;

(7) Employees are properly cooking time/temperature controlled for safety food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under paragraph (K) of rule 3717-1-04.1 of the Administrative Code and paragraph (Q)(2) of rule 3717-1-04.4 of the Administrative Code;

(8) Employees are using proper methods to rapidly cool time/temperature controlled for safety foods that are not held hot or are not for consumption within four hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling;

(9) Food employees are properly maintaining the temperature of time/temperature controlled for safety foods during thawing through daily oversight of the food employee's routine monitoring of food temperatures;

(10) Employees are properly maintaining the temperatures of time/temperature controlled for safety foods during hot and cold holding through daily oversight of the employees' routine monitoring of food temperatures;

(11) Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified under paragraph (E) of rule 3717-1-03.5 of the Administrative Code that the food is not cooked sufficiently to ensure its safety;

(12) Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing;

(13) Consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under paragraph (O) of rule 3717-1-03.2 of the Administrative Code;

(14) Except when approved as specified in paragraph (A)(4) of rule 3717-1-03.2 of the Administrative Code, employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment;

(15) Employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties. Food allergy awareness includes describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction;

(16) Food employees and conditional employees are informed in a verifiable manner of their responsibility to report in accordance with this chapter, to the person in charge, information about their health as it relates to diseases that are transmissible through food as specified under paragraph (A) of rule 3717-1-02.1 of the Administrative Code;

(17) Written procedures and plans, as specified in this chapter and as developed by the food service operation or retail food establishment, are maintained and implemented; and

(18) The food service operation or retail food establishment has written procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the food service operation or retail food establishment. The procedures are to address the specific actions employees take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter.

Last updated September 5, 2024 at 11:03 AM

History

Effective: September 5, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901:2-1-05 Exemptions based on religious dietary laws.

(A) Any person who slaughters, processes, or otherwise handles cattle, sheep, swine, or goats which have been or are to be processed as required by recognized religious dietary laws may apply for exemption from specific provisions of the act or regulations which are in conflict with such religious dietary laws. Any person desiring such an exemption shall:

(1) Apply in writing to the Ohio department of agriculture, meat and poultry inspection division, Reynoldsburg, Ohio 43068 setting forth the specific provisions of the act and the regulations from which exemption is sought;

(2) Set forth the provisions of the religious dietary laws in support of the requested exemption; and

(3) Submit a statement from the clerical official having jurisdiction over the enforcement of the religious dietary laws with respect to the cattle, sheep, swine or goats involved, which identifies the requirements of such laws pertaining to the slaughter of the livestock and the processing or other handling of the meat and meat food products involved, and certifies that such requirements are in conflict with specific provisions of the act and regulations from which the exemption is sought.

(B) The department, upon a determination that an exemption should be granted, will grant such exemption to the extent necessary to avoid conflict with the religious requirements while still effectuating the purposes of the act. The department may impose such conditions as to sanitary standards, practices, and procedures in granting such an exemption as the department deems necessary to effectuate the purposes of the act.

(C) The department may in accordance with applicable rules of practice suspend or terminate any exemption under this rule whenever he finds that such action will aid in effectuating the purposes of the act.

(D) Failure to comply with the conditions of the exemption, including, but not limited to, failure to process livestock and/or meat and meat food products under clean and sanitary conditions may result in termination of an exemption, in addition to any other penalties provided by law.

(E) Inspectors of the inspection service are authorized to make inspections in accordance with law to ascertain whether any of the provisions of the act or regulations applying to producers, retailers, or other persons purporting to be exempt from any requirements under this subpart have been violated.

Last updated January 18, 2024 at 8:21 AM

History

Effective: January 18, 2024
Promulgated Under: 119.03

Chapter 901:2-2 Progressive Enforcement Actions Meat Processing Violations

Ohio Adm.Code 901:2-2-01 Scope and purpose.

The purpose of Chapter 901:2-2 of the Administrative Code is to implement the progressive enforcement actions provided for in division (D) of section 918.08 and division (C) of section 918.28 of the Revised Code.

Title 9 of the Code of Federal Regulations parts 500.1 to 500.9 (2025) are hereby adopted in their entirety with the exception of those provisions amended or deleted by this chapter.

Last updated July 30, 2026 at 7:46 AM

History

Effective: July 30, 2026
Promulgated Under: 119.03

Ohio Adm.Code 901:2-2-02 Definitions.

Pursuant to rule 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.1 shall read as follows:

(A) "C.F.R." means the Code of Federal Regulations.

(B) "Department" means the Ohio department of agriculture.

(D) "Program employee" means any employee of the department.

(E) "Progressive enforcement action" means regulatory control action, withholding action, and suspension as defined in this rule.

(F) "Regulatory control action'' means the retention of product, rejection of equipment or facilities, slowing or stopping of lines, or refusal to allow the processing of specifically identified product.

(G) "SSOP" means sanitation standard operating procedures.

(H) "Suspension'' means an interruption in the assignment of program employees to either all or part of an establishment.

(I) "Withholding action'' means the refusal to allow the marks of inspection to be applied to either all product in an establishment or product produced by a particular process.

Last updated January 18, 2024 at 8:56 AM

History

Effective: January 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901:2-2-03 Regulatory control action.

Pursuant to 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.2 shall be read as follows:

(A) The department may take regulatory control action without prior notification if any of the following are present or occur in an establishment:

(1) Insanitary conditions or practices;

(2) Product adulteration or misbranding;

(3) Conditions that preclude the department from determining that product is not either adulterated or misbranded; or

(4) Inhumane handling or slaughtering of livestock.

(B) If regulatory control action is taken, the department shall immediately notify the establishment orally of the action and the basis for the action. The department will follow the oral notice with a written notice of the action and the underlying basis of the action.

(C) An establishment may appeal a regulatory control action in accordance with division (D) of section 918.08 and division (C) section 918.28 of the Revised Code.

(D) Any appeal from a decision of any program employee shall be made to the immediate supervisor having jurisdiction over the subject matter of the appeal except as otherwise provided in the applicable rules of practice in this chapter.

Last updated January 18, 2024 at 8:56 AM

History

Effective: January 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901:2-2-04 Withholding action or suspension.

Pursuant to rule 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.3 and 9 C.F.R. 500.4 shall be read as follows:

(A) The department may take a withholding action or impose a suspension without providing the establishment prior written notification when any of the following occur:

(1) The establishment produced or shipped adulterated or misbranded product as defined in section 918.01 of the Revised Code;

(2) The establishment does not have a HACCP plan that complies with the requirements of 9 C.F.R. 417.2;

(3) The establishment does not have an SSOP as required in 9 C.F.R. 416.11 to 9 C.F.R. 416.12;

(4) Sanitary conditions are such that products in the establishment are or may be rendered adulterated;

(5) The establishment violated the terms of a regulatory control action;

(6) An establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a department employee;

(7) The establishment did not destroy a condemned meat or poultry carcass, or part or product thereof, that has been found to be adulterated in accordance with either 9 C.F.R. 314 or 9 C.F.R. 381, subpart L, within three days of notification; or

(8) The establishment handled or slaughtered animals in an inhumane manner as defined in 9 C.F.R. 301.2.

(B) The department may take a withholding action or impose a suspension after an establishment is provided prior written notification and the opportunity to demonstrate or achieve compliance when any of the following occur:

(1) The HACCP system is inadequate, as specified in 9 C.F.R. 417.6, due to multiple or recurring noncompliances;

(2) The SSOP has not been properly implemented or maintained as specified in 9 C.F.R. 416.13 to 9 C.F.R. 416.16;

(3) The establishment has not maintained sanitary conditions as prescribed in 9 C.F.R. 416.2 to 9 C.F.R. 416.6 due to multiple or recurring noncompliances;

(4) The establishment failed to pay for service or its license renewal;

(5) The establishment did not collect and analyze samples for Escherichia coli biotype 1 and record results in accordance with 9 C.F.R. 310.25(a) or 9 C.F.R. 381.94(a); or,

(6) The establishment did not meet the salmonella performance standard requirements prescribed in 9 C.F.R. 310.25(b).

(C) An establishment may request a voluntary suspension of their inspection license. This request must be made to the department during any time the facility is not in operation. The department shall provide the establishment with a copy of a completed voluntary suspension form.

The establishment shall not resume operation until the department has inspected the facility and the establishment's license has been reinstated. The establishment shall make a request for inspection to the department not less than fourteen days from the date the establishment is to resume operation.

Last updated January 18, 2024 at 8:56 AM

History

Effective: January 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901:2-2-05 Notification, appeals, and actions held in abeyance.

Pursuant to rule 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.5 shall be read as follows:

(A) Whenever the department takes a withholding action or imposes a suspension without prior notification as provided for in paragraph (A) of rule 901:2-2-04 of the Administrative Code, the establishment shall promptly receive a written notice:

(1) Stating the effective date of the action;

(2) Describing the reasons for the action;

(3) Identifying the products or processes affected by the action;

(4) Providing the establishment an opportunity to present immediate and corrective action and further planned preventive action; and

(5) Advising the establishment that it may appeal the action in accordance with division (D) of section 918.08 or division (C) of section 918.28 of the Revised Code.

(B) Whenever the department takes a withholding action or imposes a suspension with prior notification as provided for in paragraph (B) of rule 901:2-2-04 of the Administrative Code, the written notice shall:

(1) State the type of enforcement action the program employee proposes to take;

(2) Describe the reason for the proposed enforcement action;

(3) Identify the products or processes affected by the proposed enforcement action;

(4) Advise the establishment of its right to contact the department to contest the basis for the proposed action or to explain how compliance has been or will be achieved through corrective actions; and

(5) Advise the establishment that it has ten business days from the receipt of the written notification to respond to the department, unless otherwise indicated by the department.

(C) The department may defer the proposed withholding action or suspension in accordance with paragraph (B) of this rule, when the establishment has submitted to the department proposed corrective actions which the department believes would cure the underlying violation.

(D) The department will initiate the withholding action or impose the suspension in accordance with paragraph (B) of this rule, when any of the following situations occur:

(1) The establishment has failed to respond to the department with their corrective actions within the time allotted in the notice;

(2) The department finds that the establishment's proposed corrective actions would fail to cure the underlying violation; or

(3) The department finds that the establishment's proposed corrective actions, which were accepted by the department pursuant to paragraph (C) of this rule, have either:

(a) Failed to cure the underlying violation; or

(b) Not been properly implemented by the establishment.

(E) If the department takes a withholding action or suspends inspection in accordance with paragraph (A) or (D) of this rule, then all of the following may apply:

(1) The establishment may request a hearing pursuant to Chapter 119. of the Revised Code. Upon receipt of a request, the director department shall schedule an expedited hearing

(2) The establishment may submit corrective actions to the department in order to correct the underlying progressive enforcement action. The department may hold the progressive enforcement action in abeyance if it believes that the establishment's proposed corrective actions would cure the underlying violation. If those actions fail to correct the underlying reason for the progressive enforcement action, the department may immediately reinstate the progressive enforcement action.

Last updated January 18, 2024 at 8:56 AM

History

Effective: January 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901:2-2-06 Withdrawal of inspection.

Pursuant to 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.6 shall be read as follows:

(A) The department, in accordance with Chapter 119. of the Revised Code, may revoke an inspection license from an establishment when it finds:

(1) An establishment produced and shipped adulterated product;

(2) An establishment did not have or maintain a HACCP plan in accordance with 9 C.F.R. 417;

(3) An establishment did not have or maintain an SSOP in accordance with 9 C.F.R. 416;

(4) An establishment did not maintain sanitary conditions;

(5) An establishment did not collect and analyze samples for Escherichia coli biotype 1 and record results as prescribed in either 9 C.F.R. 310.25(a) or 9 C.F.R. 381.94(a);

(6) An establishment handled or slaughtered animals in an inhumane manner as defined in 9 C.F.R. 301.2;

(7) An establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a department employee; or

(8) A recipient of inspection or anyone responsibly connected to the recipient is unfit to engage in any business requiring inspection as specified in paragraph (B) of rule 901:2-2-07 of the Administrative Code.

(B) An establishment may make a request to the department for a voluntary withdrawal of its inspection license during any time their facility is not in operation. The department shall provided the establishment with a copy of a completed exemption from meat inspection form.

Last updated January 18, 2024 at 8:56 AM

History

Effective: January 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901:2-2-07

Pursuant to rule 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.7 shall read as follows:

(A) The department may refuse to grant inspection because an applicant:

(1) Does not have a HACCP plan as required by 9 C.F.R. 417;

(2) Has not developed an SSOP as required by 9 C.F.R. 416 or a written recall procedure as required in 9 C.F.R. 418;

(3) Has not demonstrated that adequate sanitary conditions exist in the establishment as required by 9 C.F.R. 416;

(4) Has not demonstrated that livestock will be handled and slaughtered humanely as defined in 9 C.F.R. 301.2 or 9 C.F.R. 313; or

(B) The department may refuse to grant inspection to an applicant because an applicant or one of his supervisors, employees, contractors, volunteers, or agents has or has attempted to:

(1) Willfully made any misrepresentation or any other fraudulent or deceptive practice in connection with any application or request for service under the regulations in this chapter;

(2) Give a loan, money, favor, or other thing of value, for any purpose to any employee of the department authorized to perform any function under the regulations in this chapter;

(3) Interfere or obstruct any employee of the department in the performance of his duties under the regulations in this chapter by intimidation, threats, assaults, abuse, or any other improper means;

(4) Knowingly falsely made, issued, altered, forged, or counterfeited any official certificate, memorandum, mark, or other identification, or device for making any such mark or identification authorized or issued under this chapter;

(5) Knowingly uttered, published, or used as true any such falsely made, issued, altered, forged, or counterfeited certificate, memorandum, mark, identification, or device;

(6) Knowingly obtained or retained possession of any such falsely made, issued, altered, forged or counterfeited certificate, memorandum, mark, identification or device, or of any carcass or meat or meat food product bearing any such falsely made, issued, altered, forged, or counterfeited certificate, memorandum, mark, or identification.

(7) Knowingly represented that any carcass, meat, or meat food product has been officially inspected and passed (by an authorized inspector) under this chapter when it had not in fact been so inspected;

(8) Within the previous ten years, been convicted of any felony or more than one misdemeanor under any law based upon the acquiring, handling, or distributing of adulterated, mislabeled, or deceptively packaged food, or fraud in connection with transactions in food, or any felony indicating a lack of the integrity needed for the conduct of operations affecting the public health; or

(9) Violated any provision of Chapter 918. of the Revised Code or any of the rules adopted under it.

(C) If the department refuses to grant inspection, the applicant will be provided the opportunity for a hearing in accordance with Chapter 119. of the Revised Code.

Last updated January 18, 2024 at 8:56 AM

History

Effective: January 18, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901:2-2-08 Procedures for rescinding or refusing approval of marks, labels, and containers.

Pursuant to rule 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.8 shall be read as follows:

(A) The department may rescind or refuse approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat or poultry product.

(B) The department will provide written notification that:

(1) Explains the reason for rescinding or refusing the approval;

(2) Provides an opportunity for the establishment to modify the marking, labeling, or container so that it will no longer be false or misleading; and

(3) Advises the establishment of its opportunity to submit a written statement to respond to the notification and to request a hearing.

(C) If the department rescinds or refuses approval of false or misleading marks, labels, or sizes or forms of any container for use with any meat or poultry product, a notice and opportunity for a hearing shall be provided, in accordance with Chapter 119. of the Revised Code.

Last updated December 5, 2023 at 11:30 AM

History

Effective: March 19, 2016
Promulgated Under: 119.03

Ohio Adm.Code 901:2-2-09 Procedures for the filing of appeals.

Pursuant to rule 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.9 shall be read as follows:

(A) Any establishment licensed under division (A) of section 918.08 or division (A) of section 918.28 of the Revised Code and adversely affected by a decision or action of an inspector or other department employee related to an inspection activity mandated under the Federal Meat Inspection Act (FMIA)(34 Stat. 1260) as amended by the Wholesome Meat Act (81 Stat. 584, 21 U.S.C. Supp., Section 601 et seq.), Poultry Products Inspection Act (PPIA) as amended by the Wholesome Poultry Products Act, 82 Stat. 791; 21 U.S.C. 451 et seq., or voluntary state inspections as authorized by section 918.12 of the Revised Code may appeal the decision or action. Initial appeals of an applicable decision or action, as well as subsequent appeals of denied appeals through final department action, must be made within thirty calendar days after receipt of written notification of the contested decision or action. Appeals may be supported by any argument or evidence that the appellant may wish to offer as to why the contested decision or action should be reconsidered.

(B) Any initial appeal of a decision or action of an inspector or other department employee must be made to his or her immediate supervisor having jurisdiction over the subject matter of the appeal.

Last updated July 30, 2026 at 7:46 AM

History

Effective: July 30, 2026
Promulgated Under: 119.03

Chapter 901:2-3 Ohio Poultry Inspection Service

Ohio Adm.Code 901:2-3-01 Ohio poultry inspection service.

The federal regulations governing the inspection of poultry and poultry products in title 9 of the Code of Federal Regulations parts 362 to 442 (2024) adopted pursuant to the Poultry Inspection Act (P.P.I.A.) as amended by the Wholesome Poultry Products Act, 82 Stat. 791; 21 U.S.C. 451 et seq. are hereby adopted in their entirety with the exception of those provisions amended or deleted by by this chapter.

The purpose of this chapter is to regulate the production of poultry and poultry products as they are defined in 9 C.F.R. 381.1.

All violations of this chapter are governed pursuant to Chapter 901:2-2 of the Administrative Code.

Last updated June 23, 2025 at 1:32 PM

History

Effective: June 22, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:2-3-02 Amended definitions.

As adopted in rule 901:2-3-01 of the Administrative Code, where ever used in 9 C.F.R. parts 362 to 442, the following definitions are modified as follows:

(A) "'Act' means the Poultry Products Inspection Act, as amended by the Wholesome Poultry Products Act, 82 Stat. 791; 21 U.S.C. 451 et seq. as amended by this chapter.

(B) "'Administrator' shall be read as "chief."

(D) "Circuit Supervisor" shall be read as "district supervisor and/or regional veterinarian."

(E) "Food safety and inspection service" or "FSIS" shall be read as "the Ohio department of agriculture, division of meat inspection."

(F) "Volunteer" means an individual who has agreed to assist, without compensation, a non-profit entity, corporation, and/or association, a political subdivision, school, or any other state or government agency acting as a caterer or central kitchen as those entities are defined in Title 9 CFR, Part 381.10 (d)(2)(i). The caterer or central kitchen shall exercise direct supervision of the volunteers and then training as that term is described in rule 3717-1-02.4 of the Administrative Code.

Training for the purpose of volunteer definition in rule 901:2-3-04 of the Administrative Code is instruction provided by caterer or central kitchen in the area of food safety as it relates to their assigned duties, effective and proper hand cleaning, proper cooking techniques, proper methods to rapidly cool potentially hazardous food, proper procedures to sanitize multiuse equipment and utensils before use, and methods to prevent cross-contamination of "ready-to-eat" foods with bare hands.

(G) "Secretary" or "secretary of agriculture" shall be read as "director of the Ohio department of agriculture."

(H) "United States department of agriculture" or "department" shall be read as "Ohio department of agriculture."

(I) "U.S. condemned" shall be read as "Ohio condemned."

(J) "U.S. inspected and condemned" shall be read as "Ohio inspected and condemned."

(K) "U.S. inspected and passed" shall be read as "Ohio inspected and passed."

(L) "U.S. inspected and passed by department of agriculture" shall be read as "Ohio inspected and passed by department of agriculture."

(M) "U.S. passed for cooking" shall be read as "Ohio passed for cooking."

(N) "U.S. passed for refrigeration" shall be read as "Ohio passed for refrigeration."

(O) "U.S. retained" shall be read as "Ohio retained."

(P) "U.S. suspect" shall be read as "Ohio suspect."

Last updated June 23, 2025 at 1:31 PM

History

Effective: June 22, 2025
Promulgated Under: 119.03