Ohio Revised Code Chapter 3717.

Retail Food Establishment / Food Service Operation Law

November 2001

Section 3717.01. Definitions

(A) “Ohio Uniform Food Safety Code” means the food safety and related standards adopted

under section 3717.05 of the Revised Code.

(B) “Food” means any raw, cooked, or processed edible substance used or intended for use in

whole or in part for human consumption. “Food” includes ice, water or any other beverage,

food ingredients, and chewing gum.

(C) “Retail food establishment” means a premises or part of a premises where food is stored,

processed, prepared, manufactured, or otherwise held or handled for retail sale. Except

when expressly provided otherwise, “retail food establishment” includes a mobile retail food

establishment, seasonal retail food establishment, and temporary retail food establishment.

As used in this division:

(1) “Retail” means the sale of food to a person who is the ultimate consumer.

(2) “Prepared” means any action that affects a food, including receiving and

maintaining it at the temperature at which it was received.

(D) “Seasonal retail food establishment” means a retail food establishment, other than a mobile

retail food establishment, that is operated for not more than six months in a licensing

period.

(E) “Temporary retail food establishment” means a retail food establishment that is operated

at an event for not more than five consecutive days, except when operated for more than

five consecutive days pursuant to division (E)(2) of section 3717.23 of the Revised Code.

(F) “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. As used in this division, “served” means a response made to an order for one or

more individual portions of food in a form that is edible without washing, cooking, or

additional preparation and “prepared” means any action that affects a food other than

receiving or maintaining it at the temperature at which it was received.

Except when expressly provided otherwise, “food service operation” includes a catering

food service operation, food delivery sales operation, mobile food service operation,

seasonal food service operation, temporary food service operation, and vending machine

location.

(G) “Catering food service operation” means a food service operation where food is prepared

for serving at a function or event held at an off-premises site, for a charge determined on

a per-function or per-event basis.

(H) “Food delivery sales operation” means a food service operation from which individual

portions of food are ordered by a customer, prepared at another food service operation or

a retail food establishment, and delivered to the customer by a person other than an

employee of the food service operation or retail food establishment that prepared the

food.

(I) “Mobile food service operation” means a food service operation that is operated from a

movable vehicle, portable structure, or watercraft and that routinely changes location,

except that if the operation remains at any one location for more than forty consecutive

days, the operation is no longer a mobile food service operation. “Mobile food service

operation” includes a food service operation that does not remain at any one location for

more than forty consecutive days and serves, in a manner consistent with division (F) of

this section, only frozen desserts; beverages, nuts, popcorn, candy, or similar

confections; bakery products identified in section 911.01 of the Revised Code; or any

combination of those items.

(J) “Seasonal food service operation” means a food service operation, other than a mobile

food service operation, that is operated for not more than six months in a licensing period.

(K) “Temporary food service operation” means a food service operation that is operated at an

event for not more than five consecutive days, except when operated for more than five

consecutive days pursuant to division (E)(2) of section 3717.43 of the Revised Code.

(L) “Vending machine location” means an area or room where one or more vending machines

are installed and operated, except that if the machines within an area are separated by

more than one hundred fifty feet, each area separated by that distance constitutes a

separate vending machine location. As used in this division, “vending machine” means a

self-service device that automatically dispenses on the insertion of currency, tokens, or

similar means a predetermined unit serving of food, either in bulk or in package, without

having to be replenished after each use.

(M) “Board of health” means a board of health of a city or general health district or the

authority having the duties of a board of health under section 3709.05 of the Revised

Code.

(N) “Government entity” means this state, a political subdivision of this state, another state,

or a political subdivision or other local government body of another state.

(O) “Licensor” means one of the following:

(1) A board of health approved under section 3717.11 of the Revised Code;

(2) The director of agriculture acting pursuant to section 3717.11 of the Revised Code

with respect to the licensing of retail food establishments;

(3) The director of health acting pursuant to section 3717.11 of the Revised Code with

respect to the licensing of food service operations.

(P) “Licensing period” means the first day of March to the last day of February of the next

succeeding year.

(Q) "Mobile retail food establishment" means a retail food establishment that is operated from

a movable vehicle or other portable structure, and that routinely changes location,

except that if the establishment operates from any one location for more than forty

consecutive days, the establishment is no longer a mobile retail food establishment.

(R) "Unprocessed," when used with respect to fruits and vegetables, means that the fruits

and vegetables are not processed beyond merely rough trimming and rinsing.

(S) "Cottage food production operation" has the same meaning as in division (A)(20) of

section 3715.01 of the Revised Code.