901:3-21-01 Registration and fees.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Agriculture

Agency Name

 

Food Safety                                                          David E Miran

Division                                                                  Contact

 

8995 East Main Street Reynoldsburg OH 43068-0000

614-728-6390

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

901:3-21-01

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Registration and fees.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 3715.02, 3715.041

5.  Statute(s) the rule, as filed, amplifies or implements: 3715.041

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

The rule is being proposed due to the Five Year Rule review process.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Ohio Revised Code 3715.041 requires that individuals who operate a food

processing establishment register with the Ohio Department of Agriculture (Department). The rule outlines the cost of the registration which is based on the size of the establishment. The rule has been reviewed in accordance with Chapter 119 of the Ohio Revised Code and is being amended to make stylistic changes which helps with the comprehension of the rule.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

Pursuant to sections 121.76 and or 121.75 of the Revised Code, the code sections incorporated into this rule are exempt from compliance with sections 121.71 to

121.74 of the Revised Code

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

The rule was revised to correct a misplaced code reference. No substantive changes have been made during the revision.

12.  Five Year Review (FYR) Date: 3/16/2016

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

Not applicable.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

The cost of a food processing establishment registration depends on the size of the establishment. The smallest facilities, those below 5000 square feet, must pay a $50 registration fee annually. The largest facilities, over 100,000 square feet, must pay

$300 annually to register as a food processing establishment

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

Food processing establishments must fill out an application and pay a registration fee based on the size of their establishment.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

Failure to obtain a food processing establishment registration may result in action being taken against the establishment. Actions can include the embargo of the food product.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

The cost of a food processing establishment registration depends on the size of the establishment. The smallest facilities, those below 5000 square feet, must pay a $50 registration fee annually. The largest facilities, over 100,000 square feet, must pay

$300 annually to register as a food processing establishment