Ohio Admin. Code 901:2-3-04 - [Effective 6/22/2025] Modifications
Pursuant to rule
901:2-3-01 of the
Administrative Code,
The
the following sections of 9 C.F.R. parts 362 to 442
are amended to read as follows:
"Any person who desires to receive service under the regulations in this part for poultry or other product eligible therefor under such regulations may make application for service to the director, upon an application form which will be furnished by the director upon request to the Ohio department of agriculture, division of meat inspection, Reynoldsburg, Ohio 43068. The application must include all the information called for by that form. The operation must meet the regulatory requirements for 416, 417, and 418 prior to producing product for distribution. In case of a change of name, ownership, management, or location, a new application shall be made."
"The fees and charges provided for in this section shall be
paid by check, credit card, or money order payable to the Ohio department of
agriculture and shall be remitted promptly upon furnishing to the applicant a
statement as to the amount due. Funds will be deposited in accordance with
section 918.15 of the Revised Code.
Bills are payable upon receipt and become delinquent 30
thirty days from
the date of the bill. Inspection services will not be performed for anyone
having a delinquent account."
"The fees shall be billed as provided for in this part at the
rate established in paragraph (e) of this part, in increments of tens of an
hour. For billing purposes, one to six minutes shall be considered a tenth of
an hour. Seven to 12
twelve minutes, two tenths, 13
thirteen to
18
eighteen
minutes, three tenths, 19
nineteen to 24
twenty-four minutes, four tenths,
25
twenty-five
to 30
thirty
minutes, five tenths, 31
thirty-one to 36
thirty-six minutes,
six tenths, 37
thirty-seven to 42
forty-two minutes,
seven tenths, 43
forty-three to 48
forty-eight
minutes, eight tenths, 49
forty-nine to 54
fifty-four minutes,
nine tenths and 55
fifty-five to 60
sixty minutes, one
hour. Billing will be for each tenth of an hour of service rendered by each
program employee."
" The slaughtering by any person of poultry of his own raising,
and the processing by him and transportation in commerce of the poultry
products exclusively for use by him and members of his household and his
nonpaying guests and employees provided, that in lieu of complying with all the
adulteration and misbranding provisions of the act, such poultry is healthy and
is slaughtered and processed under such sanitary standards, practices, and
procedures as result in the preparation of poultry products that are sound,
clean, and fit for human food, and the shipping containers of such poultry
products bear the producer's name and address and the statement "ODA exempt
#YYYY" (Y's equal plant 4
four digit number)."
" The custom slaughter by any person of poultry delivered by
the owner thereof for such slaughter, and the processing by such slaughterer
and transportation in commerce of the poultry products exclusively for use, in
the household of such owner, by him and members of his household and his
nonpaying guests and the employees provided that such custom slaughterer does
not engage in the business of buying or selling any poultry products capable of
use as human food and provided further, that in lieu of complying with all the
adulteration and misbranding provisions of the act, such poultry is healthy and
is slaughtered and processed under such sanitary standards as outlined in 9
C.F.R. part 416, practices, and procedures as result in the preparation of
poultry products that are sound, clean, and fit for human food, and the
shipping containers of such poultry products bear the producer's name and
address and the statement "ODA exempt #YYYY" (Y's equal plant
4
four digit
number)."
" The slaughtering of sound and healthy poultry and processing of poultry products therefrom in Ohio by any poultry producer on his own premises with respect to poultry raised on his premises, and the distribution by any person solely within the state of the poultry products derived from such operations provided, that (i) in lieu of complying with all the adulteration provisions of the act, such poultry is slaughtered and otherwise processed and handled under such sanitary standards as outlined in 9 C.F.R. part 416, practices and procedures as result in the preparation of poultry products that are sound, clean, and fit for human food when so distributed; (ii) such poultry products when so distributed, bear (in lieu of labeling that would otherwise be required) the producer's name and address and the statement "ODA exempt #YYYY" (Y's equal plant 4 digit number) and such poultry products are not otherwise misbranded; (iii) such producer and distributor do not engage in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified in this paragraph (a)(5) or (6) of this section; and (iv) neither such producer or distributor slaughters or processes the products of more poultry than allowed by paragraph (b) of this section except that producers may sell live birds to other slaughter operations in excess of the volume limitation stated in paragraph (b) of this section."
"The slaughtering of sound and healthy poultry or the processing of poultry products of such poultry in any State or territory or the District of Columbia by any poultry producer or other person for distribution by him solely within such jurisdiction directly to household consumers, restaurants, hotels, and boardinghouses, for use in their own dining rooms, or in the preparation of meals for sales direct to consumers provided, that (i) in lieu of complying with all the adulteration provisions of the act, such poultry is slaughtered and otherwise processed and handled under such sanitary standards as outlined in 9 C.F.R. part 416, practices and procedures as result in the preparation of poultry products that are sound, clean, and fit for human food when distributed by such processor; (ii) such poultry products when so distributed, bear (in lieu of labeling that would otherwise be required) the producer's name and address and the statement "ODA exempt #YYYY" (Y's equal plant 4 digit number) and such poultry products are not otherwise misbranded; (iii) such processor does not engage in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified in this paragraph (a)(6) or (5) of this section; and (iv) such processor does not exceed the volume limitation prescribed in paragraph (b) of this section except that producers may sell live birds to other slaughter operations in excess of the volume limitation stated in paragraph (b) of this section."
"An operation can qualify for more than one exemption provided that all of the following apply:
"Such poultry producer does not engage in buying or selling poultry products other than those produced from poultry raised on his own farm, except that producers may sell live birds to other slaughter operations in excess of the volume limitation stated in paragraph (c)(1) of this section, and"
"Operations of the types traditionally and usually conducted at retail stores and restaurants only include simple processing of poultry products, for example cutting of whole carcasses into recognized parts for retail sale and exclude canning of poultry products and exclude slaughtering of poultry."
"The definition of a restaurant includes a caterer whose employees or designated volunteers delivers or serves product in meals, or as entree', only to individual consumers and otherwise meets the requirements of this paragraph."
"For purposes of this paragraph, operations conducted as a
restaurant central kitchen facility shall be considered as being conducted at a
restaurant if the restaurant central kitchen prepares poultry products that are
ready to eat when they leave such facility (i.e., no further cooking or other
preparation is needed, except that they may be reheated prior to serving if
chilled during transportation), transported directly to a receiving restaurant
by its own employees, or a volunteer designated by the restaurant, without
intervening transfer or storage, maintained in a safe, unadulterated condition
during transportation, and served in meals or as entrees only to customers at
restaurants, or through vending machines, owned or operated by the same person
that owns or operates such facility, and which otherwise meets the requirement
of this paragraph: Provided
provided,
That
that the
requirements of §§381.175 through 381.178 of this subchapter apply to such
facility. Provided further, That
that the exempted facility may be subject to
inspection requirements under the Act for as long as the Administrator deems
necessary if the Administrator determines that the sanitary conditions or
practices of the facility or the processing procedures or methods at the
facility are such that any of its poultry products are rendered adulterated.
When the Administrator has made such determination and subjected a restaurant
central kitchen facility to such inspection requirements, the operator of such
facility shall be afforded an opportunity to dispute the Administrator's
determination in a hearing pursuant to rules of practice which will be adopted
for this proceeding. "
"Any person desiring a religious exemption pursuant to this Act shall follow the procedures as outlined in rule 901:2-1-05 of the Ohio Administrative Code."
"Every application for inspection at any establishment shall be made by the operator on a form furnished by the Ohio department of agriculture, division of meat inspection, 8995 East Main Street, Reynoldsburg, Ohio, and shall include all information called for by that form, including the name of any subsidiary corporation that will prepare any poultry product or conduct any other operation at the establishment for which inspection is requested. The applicant for inspection will be held responsible for compliance by all its subsidiaries with the requirements of the regulations at such establishments if inspection is granted. Processing of poultry products and other operations at the establishment for which inspection is granted may be conducted only by the applicant, except that such a subsidiary of the grantee, may conduct such operations at such establishment."
"Picture Identification Badge as Identification of Inspectors - Each inspector will be furnished with a picture identification badge, which he/she shall not allow to leave his/her possession, and which he/she shall wear in such manner and at such times as the Director may prescribe."
"The management of an official establishment, shall reimburse
the program, at the rate specified in 9 C.F.R. part 381.39(d) for the cost of
the inspection service furnished on any holiday specified in paragraph (b) of
this section; or for more than 8
eight hours on any day, or more than
40
forty hours
in any administrative workweek Sunday through Saturday."
"Each recipient of overtime or holiday inspection service, or
both, shall be billed as provided in §381.38(a) and at the rate established by
the director, in increments of tenths of an hour. For billing purposes, one to
six minutes shall be considered a tenth of an hour. Seven to
12
twelve
minutes, two tenths, 13
thirteen to 18
eighteen minutes, three tenths,
19
nineteen to
24
twenty-four
minutes, four tenths, 25
twenty-five to 30
thirty minutes,
five tenths, 31
thirty-one to 36
thirty-six minutes,
six tenths, 37
thirty-seven to 42
forty-two minutes,
seven tenths, 43
forty-three to 48
forty-eight
minutes, eight tenths, 49
forty-nine to 54
fifty-four minutes,
nine tenths and 55
fifty-five to 60
sixty minutes, one
hour. Billing will be for each tenth of an hour of service rendered by each
program employee."
"Official establishments requesting and receiving the services of a program employee after he has completed his day's assignment and left the premises, or called back to duty during any overtime or holiday period, shall be billed for a minimum of four hours overtime or holiday inspection service at the rate established by the director."
"Overtime charges are to be paid-in-full no later than thirty days from the invoice date. Payments must be made by check, money order, or credit card made payable to the Ohio department of agriculture - division of meat inspection. Overtime and holiday inspection may not be performed for an establishment having a delinquent account."
"The overtime and holiday rate for inspection services provided pursuant to section 307.5 is $46.80 per hour per program employee."
"Except as otherwise provided in this subpart, the official
inspection legend required to be used with respect to inspected and passed
poultry products shall include wording as follows: "Inspected for wholesomeness
by Ohio department of agriculture." This wording shall be contained within the
outline of the state of Ohio. The form and arrangement of such wording shall be
exactly as indicated in the example in figure below, except that the
appropriate official establishment (EST.) number shall be shown, and if the
establishment number appears elsewhere on the labeling material in the manner
prescribed in section 381.123(b), it may be omitted from the inspection mark
(the number "141" is given as an example only).
The administrator may approve the use of abbreviations of such inspection mark;
and such approved abbreviations shall have the same force and effect as the
inspection mark. The official inspection legend, or the approved abbreviation
thereof, shall be printed on consumer packages and other immediate containers
of inspected and passed poultry products, or on labels to be securely affixed
to such containers of such products and may be printed or stenciled thereon,
but shall not be applied by rubber stamping. When applied by a stencil, the
legend shall not be less than 4
four inches in diameter. An official brand must be
applied to inspected and passed carcasses and parts of ratites that are shipped
unpacked."
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"The official mark for use in sealing means of conveyance used in transporting poultry products under any requirement in this part shall be a serial numbered band seal approved by the director, and any such seal approved by the administrator for applying such mark shall be an official device."
"The official inspection legend required to be used with
respect to poultry products processed in a selected establishment and inspected
by designated state personnel shall include wording as follows: "Inspected for
wholesomeness by U.S. Department of Agriculture." This wording shall be
contained within a circle. The form and arrangement of such wording shall be
exactly as indicated in the example in the figure below, except that the
appropriate official establishment number as assigned by the Ohio department of
agriculture pursuant to 9 C.F.R. part 381.515 (the
number "141" is given as an example only). The administrator may approve
the use of abbreviations of such inspection mark; and such approved
abbreviations shall have the same force and effect as the inspection mark. The
official inspection legend, or the approved abbreviation thereof, shall be
printed on consumer packages and other immediate containers of inspected and
passed poultry products, or on labels to be securely affixed to such containers
of such products and may be printed or stenciled thereon, but shall not be
applied by rubber stamping. When applied by a stencil, the legend shall not be
less than 4
four inches in diameter. An official brand must be
applied to inspected and passed carcasses and parts of ratites that are shipped
unpacked."
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Notes
Promulgated Under: 119.03
Statutory Authority: 918.25
Rule Amplifies: 918.21, 918.22, 918.23, 918.24, 918.28, 918.30, 918.31, 918.41
Prior Effective Dates: 12/21/1976, 02/02/2000 (Emer.), 05/01/2000, 04/01/2002, 03/01/2003, 02/11/2010, 02/03/2011, 12/29/2011, 10/21/2019
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