Ohio Admin. Code 901:2-2-04 - Withholding action or suspension

Current through all regulations passed and filed through March 11, 2022

Pursuant to rule 901:2-2-01 of the Administrative Code, 9 C.F.R. 500.3 and 9 C.F.R. 500.4 shall be read as follows:

(A) A program employee The department may take a withholding action or impose a suspension without providing the establishment prior written notification when any of the following occur:
(1) The establishment produced or shipped adulterated or misbranded product as defined in section 918.01 of the Revised Code;
(2) The establishment does not have a HACCP hazard analysis and critical control plan (HACCP) that complies with the requirements of 9 C.F.R. 417.2;
(3) The establishment either does not have an sanitation standard operating procedures (SSOP) as required in 9 C.F.R. 416.11 , or the SSOP does not meet the requirements of to 9 C.F.R. 416.12;
(4) Sanitary conditions are such that products in the establishment are or may be rendered adulterated;
(5) The establishment violated the terms of a regulatory control action;
(6) An establishment operator, officer, employee, or agent assaulted, threatened to assault, intimidated, or interfered with a department employee;
(7) The establishment did not destroy a condemned meat or poultry carcass, or part or product thereof, in accordance with either 9 C.F.R. 314 or 9 C.F.R. 381, subpart L, within three days of notification; or,
(8) The program employee may also impose a suspension without providing the establishment prior notification because the The establishment handled or slaughtered is handling or slaughtering animals inhumanely in an inhumane manner as defined in 9 C.F.R. 301.2 .
(B) A program employee The department may take a withholding action or impose a suspension after an establishment is provided prior written notification and the opportunity to demonstrate or achieve compliance when any of the following occur:
(1) The HACCP system is inadequate, as specified in 9 C.F.R. 417.6, due to multiple or recurring noncompliance noncompliances;
(2) The SSOP has not been properly implemented or maintained as specified in 9 C.F.R. 416.13 to 9 C.F.R. 416.16;
(3) The establishment has not maintained sanitary conditions as prescribed in 9 C.F.R. 416.2 to 9 C.F.R. 416.8 416.6 due to multiple or recurring noncompliance noncompliances;
(4) The establishment failed to pay for service or its license renewal;
(4) (5) The establishment did not collect and analyze samples for escherichia coli biotype i 1 and record results in accordance with 9 C.F.R. 310.25(a) or 9 C.F.R. 381.94(a); or,
(5) (6) The establishment did not meet the salmonella performance standard requirements prescribed in 9 C.F.R. 310.25(b) or 9 C.F.R. 381.94(b).
(C) An establishment may request a voluntary suspension of their inspection license. This request must be made to the department during any time the facility is not in operation. The department shall provide the establishment with a copy of a completed voluntary suspension form.

The establishment shall not resume operation until the department has inspected the facility and the establishment's license has been reinstated. The establishment shall make a request for inspection to the department not less than fourteen days from the date the establishment is to resume operation.


Ohio Admin. Code 901:2-2-04
Effective: 3/19/2016
Five Year Review (FYR) Dates: 09/15/2015 and 03/19/2021
Promulgated Under: 119.03
Statutory Authority: 918.04
Rule Amplifies: 918.08, 918.28
Prior Effective Dates: 02/04/2002, 10/8/07

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