Ohio Code 3717.02 – Retail food safety advisory council
(A) There is hereby created the retail food safety advisory council. The council shall consist of the director of agriculture or a person the director designates to serve on the director’s behalf, the director of health or a person the director designates to serve on the director’s behalf, and twelve additional members appointed jointly by the director of agriculture and the director of health, as follows:
Terms Used In Ohio Code 3717.02
- 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
- Food: includes ice, water or any other beverage, food ingredients, and chewing gum. See Ohio Code 3717.01
- Food service operation: means a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. See Ohio Code 3717.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Retail: means the sale of food to a person who is the ultimate consumer. See Ohio Code 3717.01
- retail food establishment: includes a mobile retail food establishment, seasonal retail food establishment, and temporary retail food establishment. See Ohio Code 3717.01
- state: means the state of Ohio. See Ohio Code 1.59
(1) Three persons representing the interests of retail food establishments;
(2) Three persons representing the interests of food service operations;
(3) Four persons representing boards of health or the health departments operated by boards of health;
(4) One person representing the academic community who is knowledgeable in food science or food technology;
(5) One person representing the general public who is not employed by this state or any of its political subdivisions and has no pecuniary interest in a retail food establishment or food service operation.
(B) In making appointments to the council, the director of agriculture and director of health shall jointly consult with statewide trade and professional organizations that represent the interests of retail food establishments and food service operations. The organizations may nominate persons to be considered for appointment as council members.
(C) Of the initial appointments made to the council, five shall be for terms ending three years after appointment, four shall be for terms ending two years after appointment, and three shall be for terms ending one year after appointment. Thereafter, terms of office shall be three years. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed.
Vacancies shall be filled in the manner provided for original appointments. A member appointed to fill a vacancy occurring before the expiration date of the term for which the member’s predecessor was appointed shall hold office as a member for the remainder of that term. A member shall continue in office after the expiration date of the member’s term until the member’s successor takes office or until a period of sixty days has elapsed, whichever occurs first.
(D) A member may be removed from office for failing to attend two consecutive council meetings without showing good cause for the absences. Removal from office requires joint action by the director of agriculture and director of health.
(E) The director of agriculture or the person the director designates to serve on the director’s behalf, and the director of health or the person the director designates to serve on the director’s behalf, shall serve as the council’s co-chairpersons without voting rights. A two-thirds majority vote of the council’s voting members is necessary for the council to act on any matter.
(F) Members shall be reimbursed for actual and necessary expenses incurred in performing duties as members. The expenses shall be shared equally by the department of agriculture and the department of health. Both departments shall provide administrative support to the council.
(G) The retail food safety advisory council is not subject to sections 101.82 to 101.87 of the Revised Code.