(A) Whoever violates section 3715.13 or 3715.38 of the Revised Code is guilty of a minor misdemeanor.

Attorney's Note

Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Misdemeanor of the second degreeup to 90 daysup to $750
Misdemeanor of the fourth degreeup to 30 daysup to $250
Minor misdemeanorup to $150
For details, see Ohio Code § 2929.24(A) and Ohio Code § 2929.24(A)

Terms Used In Ohio Code 3715.99

  • 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

  • Person: means an individual, partnership, corporation, or association. See Ohio Code 3715.01
  • Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02

(B) Whoever violates section 3715.22, 3715.25, or 3715.27 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(C) Whoever violates section 3715.23 or 3715.34 of the Revised Code is guilty of a misdemeanor of the second degree.

(D) Whoever violates section 3715.52 or 3715.65 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the second degree.

(E) Whoever violates section 3715.521 of the Revised Code is guilty of a minor misdemeanor. A violation of that section occurs on a daily basis, not according to the number of times per day that an expired drug, baby food, or infant formula is sold, offered for sale, or delivered at retail or to the consumer. Each day of violation is a separate offense.

Last updated March 20, 2023 at 4:38 PM