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Ex. DUT-OH-015 Standing duty Primary source read

Statute (version effective November 3, 1999, Am. Sub. H.B. 223, 123rd G.A.)

Licensor may suspend or revoke food service operation license

General Assembly of Ohio (Ohio Revised Code, Chapter 3717, Retail Food Establishments; Food Service Operations) · Ohio (State)

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The record

Jurisdiction
Ohio
Level
State
Authority
Ohio Const. art. II, sec. 1; the police power of the State
Issued
1999-11-03 Nov. 3, 1999
Effective
November 3, 1999 (read as 1999-11-03)
End
standing (read as 2021-09-30)
In force
Standing since Nov. 3, 1999 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses: food service operations (and, under R.C. 3717.29, retail food establishments)
Character
sanitary code duty
Collection
Standing duties: Ohio DUT-OH

Operative words

(A) A licensor may suspend or revoke a food service operation license on determining that the license holder is in violation of any requirement of this chapter or the rules adopted under it... including a violation evidenced by the documented failure to maintain sanitary conditions within the operation.... Except in the case of a violation that presents an immediate danger to the public health

Penalty

License suspension or revocation by the licensor (the local board of health); operating without a license is an offense under R.C. 3717.41 and 3717.99 (misdemeanor of the third degree, each day a separate offense)

What it required

Made continued licensure of every restaurant, bar, cafeteria and institutional kitchen conditional on compliance with the Uniform Food Safety Code (Ohio Adm. Code Chapter 3717-1, including the employee-health rule 3717-1-02.1) and sanitary conditions, with summary suspension available where a violation 'presents an immediate danger to the public health'; the parallel provision for retail food establishments is R.C. 3717.29 ('clear and present danger to the public health').

Retrieval note

R.C. 3717.29, 3717.99 and Ohio Adm. Code 3717-1-02.1 (food employee health reporting and exclusion; current version effective Sept. 5, 2024) were read on codes.ohio.gov and not saved. The Dine Safe Ohio Orders (Exs. OH-020, OH-092, OH-035) operated on licensees whose licenses were already conditioned by this section.