Ohio Admin. Code 901:3-1-14 - Food nutritional labeling

(A) All food service operations and retail food establishments, as defined in section 3717.01 of the Revised Code, shall comply with the nutritional labeling standards as outlined in 21 C.F.R. 101.11 and 21 C.F.R. 101.8 (2023), as applicable, except the rule does not apply to mobile or temporary food service operations and mobile or temporary retail food establishments.

(B) If the director or the director's designee finds that a person is operating a food service operation or retail food establishment in violation of the standards adopted in paragraph (A) of this rule, the director or the director's designee shall issue a letter of warning to the person giving the person thirty days to come into compliance. If the person fails to come into compliance within the thirty-day time period, the director may assess a civil penalty against the person. If the director assesses a civil penalty, the director shall do so as follows:

(1) If, within five years of the issuance of the letter of warning to the person, the director has not previously assessed a civil penalty against the person under this section, in an amount not exceeding five hundred dollars.

(2) If, within five years of the issuance of the letter of warning to the person, the director has previously assessed one civil penalty against the person under this section, in an amount not exceeding one thousand five hundred dollars.

(3) If, within five years of the issuance of the letter of warning to the person, the director has previously assessed two or more civil penalties against the person under this section, in an amount not exceeding five thousand dollars.

Notes

Ohio Admin. Code 901:3-1-14

Effective: 2/12/2024
Five Year Review (FYR) Dates: 02/12/2029
Promulgated Under: 119.03
Statutory Authority: 3717.53
Rule Amplifies: 3717.53