3717-1-03.1 Food: sources, specifications, and original containers.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Ohio Uniform Food Safety Code

Agency Name

 

Lance D. Himes

Division                                                                  Contact

 

246 North High St. Columbus OH 43215-0000            614-466-4882

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

[e-mail]

Email

 

 

 

3717-1-03.1

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Food: sources, specifications, and original containers.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? 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: 3717.04, 3717.05

5.  Statute(s) the rule, as filed, amplifies or implements: 3717.04, 3717.05

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

Sections 3717.04 and 3717.05 of the Ohio Revised Code require the director of agriculture and public health council to adopt, amend, or rescind provisions in the Ohio Uniform Food Safety Code to ensure that it continues to conform to the Federal Food and Drug Administration's Model Food Code. The changes proposed are from the most current changes to the Federal Code.

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:

This rule sets requirements for food sources, and specifies requirements for food sold to food service operations and retail food establishments (e.g., containers or packaging, sources, temperature specifications, etc.). Proposed changes correct punctuation, update code references, and re-number some paragraphs necessitated by re-formatting.

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:

This rule references sections of the Ohio Revised and Administrative Codes and the Code of Federal Regulations. Also referenced are industry standards: the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shelfish Sanitation Program Guide for the Control of Molluscan Shellfish; Interstate Certified Shellfish Shippers List; and the United States Standards, grades, Weight Classes for Shellfish shippers List; and the United States Standards, Grades, and Weight Classes for Shell Eggs [AMS 56.200, published on December 31, 1981)]. These rules, regulations, and industry standards are generally available in libraries and on the internet for persons who reasonably can be expected to be affected by the rule.

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:

Inclusion of the referenced rules, regulations, and industry standards are exemped pursuant to Revised Code 121.75 and 121.76.

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:

6/6/2012: This rule is revise filed to make minor editing changes (lower case to capital letters).

6/28/2012: Paragraph (E)(1) of this rule has been revised to add a date for a U.S. department of health and human services, public health service, food and drug administration, national shellfish sanitation program guide.

12. 119.032 Rule Review Date: 5/25/2012

(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; the proposed changes do not impact the agency's budget.

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:

There is no new cost of compliance.

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? No

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? No

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

Shellstock identifiction tags must be maintained at the facility for 90 days.