Ohio Code 3715.74 – Governor may declare adulterated consumer product emergency
(A) As used in this section:
Terms Used In Ohio Code 3715.74
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Drug: means :
(a) Articles recognized in the United States pharmacopoeia and national formulary, or any supplement to them;
(b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(c) Articles, other than food, intended to affect the structure or any function of the body of humans or other animals;
(d) Articles intended for use as a component of any of the foregoing articles, other than devices or their components, parts, or accessories. See Ohio Code 3715.01
- Food: means :
(a) Articles used for food or drink for humans or animals;
(b) Chewing gum;
(c) Articles used for components of any such articles. See Ohio Code 3715.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Manufacture: means the planting, cultivating, harvesting, processing, making, preparing, or otherwise engaging in any part of the production of a drug by propagating, compounding, converting, or processing, either directly or indirectly by extracting from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the following:
(i) Any packaging or repackaging of the drug or labeling or relabeling of its container, the promotion and marketing of the drug, and other activities incident to production;
(ii) The preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, licensed health professionals authorized to prescribe drugs, or other persons. See Ohio Code 3715.01
- Person: means an individual, partnership, corporation, or association. See Ohio Code 3715.01
- state: means the state of Ohio. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(1) “Adulterated” means adulterated as determined under section 3715.59 or 3715.63 of the Revised Code.
(2) “Consumer product” means any food or drink that is consumed by humans and any medicine, including a prescription drug, that is consumed or used by humans.
(3) “Retailer” means a place of business that offers consumer products for sale to the general public.
(B)(1) Except as provided in division (C) of this section, if the governor has a reasonable basis to believe that one or more units of a consumer product have been adulterated and that further sale or use of the consumer product presents a threat to the public health and safety, the governor may declare an adulterated consumer product emergency and make any of the following executive adulterated consumer product emergency orders:
(a) That all units of the consumer product be removed from public display by all retailers;
(b) That no units of the consumer product be sold or offered for sale during the adulterated consumer product emergency;
(c) That any retailer possessing units of the consumer product segregate these units from other merchandise and hold them or a portion of them for disposition by designated law enforcement officers or officials of the department of agriculture, the department of health, or the state board of pharmacy;
(d) Any other limitations, controls, or prohibitions that the governor considers necessary regarding the manufacture, importation, sale, or transportation of the consumer product.
(2) The governor may amend or rescind any order issued under division (B)(1) of this section.
(C) If the particular type of consumer product referred to in division (B)(1) of this section is one that falls within the jurisdiction of the department of agriculture, the department of health, or the state board of pharmacy, the governor shall not declare an adulterated consumer product emergency pursuant to that division unless requested to do so by the department or board that regulates the consumer product. If the governor grants the request, the department or board that made the request shall enforce the provisions of this section.
(D) Any executive adulterated consumer product emergency order or amended executive adulterated consumer product emergency order issued under this section shall be disseminated promptly by means that bring the order to the attention of the general public. The governor promptly shall file the order with the secretary of state, the department of agriculture, the department of health, and the state board of pharmacy.
(E) The state is not liable for removal, or for the costs of removal, of consumer products from public display in connection with an executive adulterated consumer product emergency order issued under division (B)(1)(a) of this section. Neither the state nor an agent of the state acting pursuant to an adulterated consumer product emergency is liable for any damages or loss incurred because of any action pursuant to an executive adulterated consumer product emergency order of that type.
(F) No person shall knowingly violate an executive adulterated consumer product emergency order issued by the governor under this section. Whoever violates an executive adulterated consumer product emergency order is subject to a fine of not less than five hundred dollars. Each day a violation continues is a separate offense.
(G) The attorney general, at the direction of the governor or upon request of the director of agriculture, the director of health, the state board of pharmacy, or a prosecuting attorney may commence an action in a court of common pleas to enjoin a violation of an executive adulterated consumer product emergency order issued pursuant to this section or to compel a person to perform a duty imposed by an executive adulterated consumer product emergency order.