Ohio Revised Code Chapter 3715 - Pure Food And Drug Law

• Section 3715.01 - Pure Food And Drug Law Definitions.
  (A) As used in this chapter: (1) "Person" means an individual, partnership, corporation, or association. (2) "Food" means: (a) Articles used for food or...
• Section 3715.02 - Definitions For Food Or Class Of Food And Standards.
  (A) The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that establish, when otherwise not established by...
• Section 3715.021 - Standards And Good Manufacturing Practices For Food Processing Establishments.
  (A) As used in this section, "food processing establishment" means a premises or part of a premises where food is processed, packaged, manufactured, or...
• Section 3715.022 - Standards For Food Sampling And Procedures For Administration.
  (A) All food products, including those produced and packaged by a cottage food production operation, and all packaged maple syrup, sorghum, and honey, are...
• Section 3715.023 - Labels For Cottage Food Production Operation, Processor, Or Beekeeper.
  (A) A cottage food production operation and a maple syrup or sorghum processor and beekeeper described in division (A) of section 3715.021 of the...
• Section 3715.024 - Voluntary Inspection Of Processor's Or Beekeeper's Facilities.
  (A) A maple syrup or sorghum processor and beekeeper described in division (A) of section 3715.021 of the Revised Code may request that the...
• Section 3715.025 - Restrictions On Cottage Food Production Operation.
  (A) A cottage food production operation shall not process acidified foods, low acid canned foods, or potentially hazardous foods. (B) The director of agriculture...
• Section 3715.03 - Right Of Entry.
  The director of agriculture, in performing duties under this chapter, may enter a creamery, factory, store salesroom, pharmacy, laboratory, or other place where the...
• Section 3715.04 - Certificate Of Health And Freesale - Inspection - Fee.
  (A) As used in this section: (1) "Certificate of health and freesale" means a document issued by the director of agriculture that certifies to...
• Section 3715.041 - Registration Of Food Processing Establishments.
  (A) (1) As used in this section, "food processing establishment" has the same meaning as in section 3715.021 of the Revised Code. (2) A...
• Section 3715.05 - Sale Of Pseudoephedrine Or Ephedrine Product.
  (A) As used in this section and sections 3715.051 to 3715.054 and 3715.06 of the Revised Code: (1) "Consumer product" means any food or...
• Section 3715.051 - Log Of All Purchases Of Pseudoephedrine Or Ephedrine Products.
  (A) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product...
• Section 3715.052 - Submission Of Information Regarding Non-prescription Sales Of Pseudoephedrine Or Ephedrine Products.
  The duty to comply with this section is subject to the conditions specified in section 3715.053 of the Revised Code. (A) (1) Beginning June...
• Section 3715.053 - Exemptions.
  A retailer or terminal distributor of dangerous drugs is not required to comply with section 3715.052 of the Revised Code if one or more...
• Section 3715.054 - Liability For Damages Due To Sale Of Pseudoephedrine Or Ephedrine Products.
  A retailer or terminal distributor of dangerous drugs is not liable in damages in a civil action for injury, death, or loss to person...
• Section 3715.06 - Discovery Of Theft Or Loss Of Pseudoephedrine Product.
  (A) Each retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler that sells, offers to sell, holds for sale, delivers, or otherwise provides...
• Section 3715.07 - Standards For Flavoring Extracts.
  A flavoring extract is adulterated within the meaning of sections 3715.01 to 3715.37, inclusive, of the Revised Code, if, when sold under or by...
• Section 3715.08 To 3715.12 - [Repealed].
  Effective Date: 09-13-1957
• Section 3715.13 - Sale Of Diphtheria Antitoxin.
  No person shall sell any diphtheria antitoxin produced and distributed by the department of health. Effective Date: 10-01-1953
• Section 3715.14 - Prohibition Against Sale Of Unlabeled Canned Fruits And Vegetables By A Dealer.
  No dealer in preserved or canned fruits, vegetables, or other articles of food, shall offer them for sale unless they bear a mark to...
• Section 3715.15 - Prohibition Against Sale Of Unlabeled Canned Fruits And Vegetables By A Packer Or Manufacturer.
  No packer or manufacturer of preserved or canned fruits, vegetables, or other articles of food, shall offer them for sale unless they bear a...
• Section 3715.16 - Prohibition Against Falsely Labeling Fruit Or Vegetable Packages.
  No person shall falsely stamp or label cans or jars containing preserved fruit, vegetables, or other articles of food or knowingly permit such false...
• Section 3715.17 - Prohibition Against Selling Falsely Labeled Fruit Or Vegetables.
  No person shall sell or offer to sell cans or jars containing preserved fruit, vegetables, or other articles of food, which are falsely stamped...
• Section 3715.171 - Date Labels For Perishable Foods.
  As used in this section: "Quality assurance period" means the period of time following the completion of normal manufacturing, processing, and packaging procedures during...
• Section 3715.18 - Manufacturer Or Packer Must Attach Label To Soaked Goods.
  No manufacturer or packer shall manufacture, sell, or offer to sell "soaked" goods put up from products dried before canning, without plainly marking them...
• Section 3715.19 - Vendor Must Attach Label To Soaked Goods.
  No vendor shall sell or offer to sell "soaked" goods put up from products dried before canning, without plainly marking them with an adhesive...
• Section 3715.20 - Prosecution.
  The board of health of a city health district or of a general health district shall prosecute a person, firm, or corporation which it...
• Section 3715.21, 3715.211 - [Repealed].
  Effective Date: 02-01-2001
• Section 3715.22 - Prohibition Against Slaughter Or Sale For Human Consumption Of Calf Less Than Four Weeks Old - Confiscation Of Carcass.
  No dealer, slaughterer, or processor of meat or meat products for human consumption shall kill or have in his possession for the purpose of...
• Section 3715.23 - Manufacture And Sale Of Adulterated Candy - Sample For Analysis.
  No person shall manufacture for sale, sell, or offer for sale, candy with an admixture of terra alba, barytes, talc, or other mineral substance,...
• Section 3715.24 - Maple Product Standards And Grades.
  (A) As used in this section and section 3715.25 of the Revised Code: (1) "Grade" means standards for grades of maple syrup adopted by...
• Section 3715.25 - Prohibited Acts Regarding Maple Products.
  (A) No person shall manufacture, offer for sale, possess with intent to sell, sell, or deliver a maple product that is adulterated as described...
• Section 3715.26 - [Repealed].
  Effective Date: 10-21-1997
• Section 3715.27 - Cider Manufacturing And Labeling.
  (A) As used in this section, "cider" means the unfermented juice, obtained by mechanically expressing the juice from sound, mature, non-citrus fruit, from which...
• Section 3715.28 - Vinegar.
  Vinegar shall be made wholly from the fruit or grain from which it purports, or is represented, to be made and shall not contain...
• Section 3715.29 - Cider Or Apple Vinegar.
  Vinegar manufactured, offered or exposed for sale, sold, or delivered, or in the possession of a person with intent to sell or deliver, under...
• Section 3715.30 - Wine Or Grape Vinegar.
  Vinegar manufactured, offered or exposed for sale, sold, or delivered, or in the possession of a person with intent to sell or deliver, under...
• Section 3715.31 - Malt Vinegar.
  Vinegar manufactured, offered or exposed for sale, sold, or delivered, or in the possession of a person with intent to sell or deliver, under...
• Section 3715.32 - Distilled Vinegar.
  Vinegar manufactured, offered or exposed for sale, sold, or delivered, or in the possession of a person with intent to sell or deliver, under...
• Section 3715.33 - Fermented Vinegar.
  Vinegar made by fermentation and oxidation without the intervention of distillation shall be branded "fermented vinegar" with the name of the fruit or substance...
• Section 3715.34 - Injurious Ingredients In Vinegar - Brands.
  No person shall manufacture for sale, offer for sale, or have in his possession with intent to sell, vinegar found upon proper test to...
• Section 3715.35 - Brands On Casks Of Cider Vinegar.
  A person making or manufacturing cider vinegar, not a domestic manufacturer of cider or cider vinegar, shall brand on each head of each cask,...
• Section 3715.36 - Prohibition Against Selling Vinegar Not Made Or Branded In Compliance With Law.
  No person shall manufacture for sale, sell, deliver, or offer or expose for sale, or have in his possession with intent to sell or...
• Section 3715.37 - Branding Of Cider Vinegar By Manufacturing Farmer.
  Sections 3715.28 to 3715.36, inclusive, of the Revised Code apply to any farmer who manufactures for sale in any one year more than twenty-five...
• Section 3715.38 - Prohibitions Regarding Honey.
  No person shall sell, offer, or expose for sale any product that is: (A) In the semblance of honey and labeled, advertised, or otherwise...
• Section 3715.52 - Prohibited Acts.
  (A) The following acts and causing them are prohibited: (1) The manufacture, sale, or delivery, holding or offering for sale of any food, drug,...
• Section 3715.521 - Prohibition Against Sale Or Delivery Of Expired Drug, Infant Formula Or Baby Food.
  No person shall sell, offer for sale, or deliver at retail or to the consumer, any of the following: (A) Any drug after the...
• Section 3715.53 - Injunctions.
  In addition to the remedies provided and irrespective of whether or not there exists an adequate remedy at law, the director of agriculture or...
• Section 3715.54 - Exceptions To Liability.
  (A) No person shall be subject to the penalties prescribed in section 3715.99 of the Revised Code for violating division (A)(1) or (3) of...
• Section 3715.55 - Notice Of Adulteration, Misbranding, Or Expiration.
  (A) As used in this section, "expired" means: (1) In the case of a drug, that the expiration date required by 21 C.F.R. 211.137...
• Section 3715.551 - Embargo Of Food.
  (A) As used in this section, "board of health," "retail food establishment," and "food service operation" have the same meanings as in section 3717.01...
• Section 3715.56 - Attorney General, Prosecuting Attorney Or City Director Of Law To Institute Proceedings And Prosecutions.
  The attorney general, prosecuting attorney, or city director of law to whom the director of agriculture or the state board of pharmacy reports any...
• Section 3715.57 - Written Notice Or Warning For Minor Violations Sufficient.
  Nothing in sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, shall be construed as requiring the director of agriculture or the state...
• Section 3715.58 - [Repealed].
  Effective Date: 10-21-1997
• Section 3715.59 - When Food Is Adulterated.
  Food is adulterated within the meaning of sections 3715.01, 3715.02, 3715.022, and 3715.52 to 3715.72 of the Revised Code, if any of the following...
• Section 3715.60 - Misbranded Food.
  Food is misbranded within the meaning of sections 3715.01, 3715.02, 3715.022, and 3715.52 to 3715.72 of the Revised Code, if: (A) Its labeling is...
• Section 3715.61 - Director Of Agriculture - Powers Regarding Permits.
  (A) Whenever the director of agriculture finds after investigation that the distribution in this state of any class of food may, by reason of...
• Section 3715.62 - Unsafe Food.
  Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by...
• Section 3715.63 - When Drug Or Device Is Adulterated.
  (A) A drug or device is adulterated within the meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, if any of...
• Section 3715.64 - Misbranded Drug Or Device.
  (A) A drug or device is misbranded within the meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, if: (1) Its...
• Section 3715.65 - Application For New Drug Required.
  (A) No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug unless an application with respect to...
• Section 3715.66 - Adulterated Cosmetics.
  (A) A cosmetic is adulterated within the meaning of sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, if: (1) It bears or...
• Section 3715.67 - Misbranded Cosmetics.
  A cosmetic is misbranded within the meaning of sections 3715.01 and 3715.52 to 3715.72, inclusive, of the Revised Code, if: (A) Its labeling is...
• Section 3715.68 - False Or Misleading Advertisement.
  (A) An advertisement of food, drug, device, or cosmetic is false if it is false or misleading in any particular. (B) For the purpose...
• Section 3715.69 - Adoption Of Rules For Enforcement.
  The authority to adopt rules for the enforcement of section 3715.02, divisions (E), (G), (H), and (I) of section 3715.60, division (A)(2) of section...
• Section 3715.70 - Right Of Entry - Examination Of Samples.
  (A) The director of agriculture or the state board of pharmacy shall have free access at all reasonable hours to any factory, warehouse, or...
• Section 3715.71 - Publication Of Reports - Dissemination Of Information.
  The director of agriculture or the state board of pharmacy may cause to be published from time to time reports summarizing all judgments, decrees,...
• Section 3715.72 - Administrative Procedure - Exceptions.
  (A) Sections 3715.01 and 3715.52 to 3715.71, inclusive, of the Revised Code shall be governed by and be administered in accordance with sections 119.01...
• Section 3715.73 - Fines Or Forfeited Bonds To Be Paid Into State Treasury.
  (A) All fines or forfeited bonds assessed and collected under prosecution by the director of agriculture or prosecution commenced by the director in enforcement...
• Section 3715.74 - Governor May Declare Public Health State Of Emergency As To Adulterated Consumer Product.
  (A) As used in this section: (1) "Adulterated" means adulterated as determined under section 3715.59 or 3715.63 of the Revised Code. (2) "Consumer product"...
• Section 3715.80 - Dietary Supplement Defined.
  As used in sections 3715.80 to 3715.86 of the Revised Code, "dietary supplement" has the meaning given in the federal "Food, Drug, and Cosmetic...
• Section 3715.81 - Dietary Supplement To Be Treated As A Food.
  For purposes of this chapter, a dietary supplement shall be treated as a food. The director of agriculture shall administer and enforce sections 3715.80...
• Section 3715.82 - Adoption Of Rules.
  The director of agriculture may adopt rules, in accordance with Chapter 119. of the Revised Code, to administer and enforce sections 3715.80 to 3715.86...
• Section 3715.83 - Dietary Supplement Considered To Be Adulterated.
  In addition to the conditions specified in section 3715.59 of the Revised Code, a dietary supplement is adulterated if it presents a significant or...
• Section 3715.84 - Requirements For Labeling - Misbranding.
  (A) A dietary supplement is not misbranded under section 3715.60 of the Revised Code solely because the label or labeling contains a statement that...
• Section 3715.85 - Publication Used In Connection With Sale To Consumers Of Dietary Supplement.
  (A) As used in this section, "publication" includes a book chapter, article, or official abstract of a peer-reviewed scientific article prepared by the article's...
• Section 3715.86 - Dietary Supplement Not Considered Food Additive.
  A dietary supplement is not considered a "food additive" within the meaning given in the federal "Food, Drug, and Cosmetic Act," 21 U.S.C.A. 321(s),...
• Section 3715.87 - Drug Repository Program For Donated Prescription Drugs - Definitions.
  (A) As used in this section and in sections 3715.871, 3715.872, and 3715.873 of the Revised Code: (1) "Controlled substance" has the same meaning...
• Section 3715.871 - Drugs Must Be Donated At Pharmacy, Hospital, Or Nonprofit Clinic Participating In Program.
  (A) Any person, including a pharmacy, drug manufacturer, or health care facility, or any government entity may donate or give prescription drugs to the...
• Section 3715.872 - Immunity.
  (A) As used in this section, "health care professional" means any of the following who provide medical, dental, or other health-related diagnosis, care, or...
• Section 3715.873 - Adoption Of Rules.
  In consultation with the director of health, the state board of pharmacy shall adopt rules governing the drug repository program that establish all of...
• Section 3715.88 - Dangerous Drug Donation Definitions.
  As used in this section and in sections 3715.89 to 3715.92 of the Revised Code: (A) "Expired" has the same meaning as in section...
• Section 3715.89 - Dangerous Drug Donation Requirements.
  (A) Subject to divisions (B) and (C) of this section, any manufacturer of dangerous drugs, terminal distributor of dangerous drugs, or wholesale distributor of...
• Section 3715.90 - Pharmacy School Acceptance Of Dangerous Drug Donations.
  (A) A pharmacy school may accept a donation of a dangerous drug if the donation is made in accordance with section 3715.89 of the...
• Section 3715.91 - Dangerous Drug Donation Implementing Rules.
  The state board of pharmacy shall, in accordance with Chapter 119. of the Revised Code, adopt rules as necessary to give effect to sections...
• Section 3715.92 - Immunity Of Pharmacy School Accepting Dangerous Drugs.
  The state board of pharmacy, any manufacturer of dangerous drugs, terminal distributor of dangerous drugs, or wholesale distributor of dangerous drugs that in good...
• Section 3715.99 - Penalty.
  (A) Whoever violates sections 3715.13 to 3715.19, or 3715.38 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates section 3715.22,...

Last modified: October 10, 2016