901:3-57-05 Duties of director.

 

 

 

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

901:3-57-05

Rule Number

RESCISSION

TYPE of rule filing

Rule Title/Tag Line              Duties of director.

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: 3715.171

5.  Statute(s) the rule, as filed, amplifies or implements: 3715.171

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

The rule is being reviewed for five year rule review purposes.

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:

Chapter 901:3-57 of the Ohio Administrative Code regulates the labeling of perishable food products in the state of Ohio. #Perishable food products# are

defined as a food product, determined by the manufacturer to have a quality assurance period of thirty days or less. Foods can develop an off odor, flavor or appearance due to spoilage bacteria. If a food has developed such characteristics, the quality of the food may be diminished or the food may be spoiled and should not be consumed.

OAC 901:3-57-05 outlines the duties of the Director of the Ohio Department of Agriculture with regards to perishable foods. The language of this rule is a direct copy from Ohio Revised Code 3715.171. As such, the administrative rule is superfluous and is being rescinded.

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:

Not Applicable.

12.  Five Year Review (FYR) Date: 7/1/2016

(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:

There is no cost of compliance associated with this rule.

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? Yes

Pursuant to ORC 3715.171, any violations of the section or the rule adopted under is guilty of a minor misdemeanor.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No