Bill Text: OH SB11 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To require school districts to allow alternative summer meal sponsors to use school facilities to provide food service for summer intervention services under certain conditions, to allow the distribution and consumption of meals on a school bus, and to create a healthy food license for child day-care centers and school child programs.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2013-02-12 - To Medicaid, Health & Human Services [SB11 Detail]

Download: Ohio-2013-SB11-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 11

Senator Brown 

Cosponsors: Senators Lehner, Tavares, Smith, Gentile, Kearney, Schiavoni, Cafaro, Sawyer, Turner, Skindell, LaRose 

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A BILL

To amend sections 3313.813, 3715.52, 3717.22,

1

3717.42, and 5104.051 and to enact sections

2

3327.18 and 3717.60 of the Revised Code to require

3

school districts to allow alternative summer meal

4

sponsors to use school facilities to provide food

5

service for summer intervention services under

6

certain conditions, to allow the distribution and

7

consumption of meals on a school bus, and to

8

create a healthy food license for child day-care

9

centers and school child programs.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3313.813, 3715.52, 3717.22, 3717.42,	11
and 5104.051 be amended and sections 3327.18 and 3717.60 of the	12
Revised Code be enacted to read as follows:	13

Sec. 3313.813.  (A) As used in this section:

14

(1) "Outdoor education center" means a public or nonprofit	15
private entity that provides to pupils enrolled in any public or	16
chartered nonpublic elementary or secondary school an outdoor	17
educational curriculum that the school considers to be part of its	18
educational program.	19

(2) "Outside-school-hours care center" has the meaning	20
established in 7 C.F.R. 226.2.	21

(B) The state board of education shall establish standards	22
for a school lunch program, school breakfast program, child and	23
adult care food program, special food service program for	24
children, summer food service program for children, special milk	25
program for children, food service equipment assistance program,	26
and commodity distribution program established under the "National	27
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as	28
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42	29
U.S.C. 1771, as amended. Any board of education of a school	30
district, nonprofit private school, outdoor education center,	31
child care institution, outside-school-hours care center, or	32
summer camp desiring to participate in such a program or required	33
to participate under this section shall, if eligible to	34
participate under the "National School Lunch Act," as amended, or	35
the "Child Nutrition Act of 1966," as amended, make application to	36
the state board of education for assistance. The board shall	37
administer the allocation and distribution of all state and	38
federal funds for these programs.	39

(C) The state board of education shall require the board of	40
education of each school district to establish and maintain a	41
school breakfast, lunch, and summer food service program pursuant	42
to the "National School Lunch Act" and the "Child Nutrition Act of	43
1966," as described in divisions (C)(1) to (4) of this section.	44

(1) The state board shall require the board of education in	45
each school district to establish a breakfast program in every	46
school where at least one-fifth of the pupils in the school are	47
eligible under federal requirements for free breakfasts and to	48
establish a lunch program in every school where at least one-fifth	49
of the pupils are eligible for free lunches. The board of	50
education required to establish a breakfast program under this	51
division may make a charge in accordance with federal requirements	52
for each reduced price breakfast or paid breakfast to cover the	53
cost incurred in providing that meal.	54

(2) The state board shall require the board of education in	55
each school district to establish a breakfast program in every	56
school in which the parents of at least one-half of the children	57
enrolled in the school have requested that the breakfast program	58
be established. The board of education required to establish a	59
program under this division may make a charge in accordance with	60
federal requirements for each meal to cover all or part of the	61
costs incurred in establishing such a program.	62

(3) The state board shall require the board of education in	63
each school district to establish one of the following for summer	64
intervention services described in division (D) of section	65
3301.0711 or provided under section 3313.608 of the Revised Code,	66
and any other summer intervention program required by law:	67

(a) An extension of the school breakfast program pursuant to	68
the "National School Lunch Act" and the "Child Nutrition Act of	69
1966";	70

(b) An extension of the school lunch program pursuant to	71
those acts;	72

(c) A summer food service program pursuant to those acts.

73

(4)(a) If the board of education of a school district	74
determines that, for financial reasons, it cannot comply with	75
division (C)(1) or (3) of this section, the district board may	76
choose not to comply with either or both divisions, except as	77
provided in divisiondivisions (C)(4)(b) and (c) of this section.	78
The district board publicly shall communicate to the residents of	79
the district, in the manner it determines appropriate, its	80
decision not to comply.	81

(b) If a district board chooses not to comply with division	82
(C)(1) of this section, the state board nevertheless shall require	83
the district board to establish a breakfast program in every	84
school where at least one-third of the pupils in the school are	85
eligible under federal requirements for free breakfasts and to	86
establish a lunch program in every school where at least one-third	87
of the pupils are eligible for free lunches. The district board	88
may make a charge in accordance with federal requirements for each	89
reduced price breakfast or paid breakfast to cover the cost	90
incurred in providing that meal.	91

(c) If the board of education of a school district chooses	92
not to comply with division (C)(3) of this section, the state	93
board nevertheless shall require the district board to permit an	94
alternative summer meal sponsor to use school facilities located	95
in a school building attendance area where at least one-half of	96
the pupils are eligible for free lunches.	97

The state board shall provide each district with a list of	98
approved alternative summer meal sponsors that may use school	99
facilities under this division.	100

Subject to the provisions of sections 3313.75 and 3313.77 of	101
the Revised Code, a school district may charge the summer meal	102
sponsor a reasonable fee for the use of school facilities that may	103
include the actual cost of custodial services and a prorated share	104
of the utility costs as determined by the district. A school	105
district also may require the summer meal sponsor to indemnify and	106
hold harmless the district from any potential liability resulting	107
from the operation of an alternative summer meal program under	108
this division.	109

(d) If a school district cannot for good cause comply with	110
the requirements of division (C)(2) or (4)(b) or (c) of this	111
section at the time the state board determines that a district is	112
subject to these requirements, the state board shall grant a	113
reasonable extension of time. Good cause for an extension of time	114
shall include, but need not be limited to, economic impossibility	115
of compliance with the requirements at the time the state board	116
determines that a district is subject to them.	117

(D)(1) The state board shall accept the application of any	118
outdoor education center in the state making application for	119
participation in a program pursuant to division (B) of this	120
section.	121

(2) For purposes of participation in any program pursuant to	122
this section, the board shall certify any outdoor education center	123
making application as an educational unit that is part of the	124
educational system of the state, if the center:	125

(a) Meets the definition of an outdoor education center;

126

(b) Provides its outdoor education curriculum to pupils on an	127
overnight basis so that pupils are in residence at the center for	128
more than twenty-four consecutive hours;	129

(c) Operates under public or nonprofit private ownership in a	130
single building or complex of buildings.	131

(3) The board shall approve any outdoor education center	132
certified under this division for participation in the program for	133
which the center is making application on the same basis as any	134
other applicant for that program.	135

(E) Any school district board of education or chartered	136
nonpublic school that participates in a breakfast program pursuant	137
to this section may offer breakfast to pupils in their classrooms	138
during the school day.	139

(F) Notwithstanding anything in this section to the contrary,	140
in each fiscal year in which the general assembly appropriates	141
funds for purposes of this division, the board of education of	142
each school district and each chartered nonpublic school that	143
participates in a breakfast program pursuant to this section shall	144
provide a breakfast free of charge to each pupil who is eligible	145
under federal requirements for a reduced price breakfast.	146

Sec. 3327.18.  To the extent permitted by federal law, a	147
school district that elects to provide a summer food service	148
program under the "National School Lunch Act," 60 Stat. 230	149
(1946), 42 U.S.C. 1751, as amended, and the "Child Nutrition Act	150
of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, may do any of	151
the following:	152

(A) Use a school bus to transport children to summer meal	153
service sites;	154

(B) Use a school bus to transport meals to summer meal	155
service sites;	156

(C) Permit the serving and consumption of meals while	157
children are seated in the school bus, as long as the bus is	158
parked and not in motion and the district complies with section	159
3313.815 of the Revised Code.	160

Sec. 3715.52.  (A) The following acts and causing them are	161
prohibited:	162

(1) The manufacture, sale, or delivery, holding or offering	163
for sale of any food, drug, device, or cosmetic that is	164
adulterated or misbranded;	165

(2) The adulteration or misbranding of any food, drug,	166
device, or cosmetic;	167

(3) The receipt in commerce of any food, drug, device, or	168
cosmetic that is adulterated or misbranded, and the delivery or	169
proffered delivery thereof for pay or otherwise;	170

(4) The sale, delivery for sale, holding for sale, or	171
offering for sale of any article in violation of section 3715.61	172
or 3715.65 of the Revised Code;	173

(5) The dissemination of any false advertisement;

174

(6) The refusal to permit entry or inspection, or to permit	175
the taking of a sample, as authorized by section 3715.70 of the	176
Revised Code;	177

(7) The giving of a guaranty or undertaking that is false,	178
except by a person who relied on a guaranty or undertaking to the	179
same effect signed by, and containing the name and address of the	180
person residing in this state from whom the person received in	181
good faith the food, drug, device, or cosmetic;	182

(8) The removal or disposal of a detained or embargoed	183
article in violation of section 3715.55 or 3715.551 of the Revised	184
Code;	185

(9) The alteration, mutilation, destruction, obliteration, or	186
removal of the whole or any part of the labeling of, or the doing	187
of any other act with respect to a food, drug, device, or	188
cosmetic, if the act is done while the article is held for sale	189
and results in the article being misbranded;	190

(10) Forging, counterfeiting, simulating, or falsely	191
representing, or without proper authority using any mark, stamp,	192
tag, label, or other identification device authorized or required	193
by rules adopted pursuant to sections 3715.52 to 3715.72 of the	194
Revised Code;	195

(11) The using, on the labeling of any drug or in any	196
advertisement relating to a drug, of any representation or	197
suggestion that any application with respect to the drug is	198
effective under section 3715.65 of the Revised Code or that the	199
drug complies with the provisions of that section;	200

(12) The using by any person to the person's own advantage,	201
or revealing, other than to the director of agriculture or to the	202
courts when relevant in any judicial proceeding under sections	203
3715.52 to 3715.72 of the Revised Code, any information acquired	204
under authority of sections 3715.01 and 3715.52 to 3715.72 of the	205
Revised Code, concerning any information that as a trade secret is	206
entitled to protection;	207

(13) The issuance by the manufacturer, packer, or distributor	208
of a dangerous drug of any advertisements, catalogues, or price	209
lists, except those lists specifically designed for disseminating	210
price change information, that do not contain in clearly legible	211
form the name and place of business of the manufacturer who mixed	212
the final ingredients and, if different, the manufacturer who	213
produced the drug in its finished dosage form and, if different,	214
the packer or distributor.	215

(B)(1) No person at a flea market shall sell, offer for sale,	216
or knowingly permit the sale of any of the following products:	217

(a) Baby food, infant formula, or similar products;

218

(b) Any drug, cosmetic, or device;

219

(c) Any product on which is printed or stamped an expiration	220
date or a date recommended by the manufacturer as either the last	221
day on which the product should be offered for sale or the last	222
day on which the product should be used.	223

(2) Division (B)(1) of this section does not apply to a	224
person who keeps available for public inspection an identification	225
card identifying the person as an authorized representative of the	226
manufacturer or distributor of any drug, cosmetic, or device, as	227
long as the card is not false, fraudulent, or fraudulently	228
obtained.	229

(3) Division (B)(1)(c) of this section does not apply to a	230
person or governmental entity that is licensed as a retail food	231
establishment or food service operation under Chapter 3717. of the	232
Revised Code or is listed in division (B)(9)(10) or (12)(13) of	233
section 3717.42 of the Revised Code.	234

(4) As used in division (B)(1) of this section, "flea market"	235
means any location, other than a permanent retail store, at which	236
space is rented or otherwise made available to others for the	237
conduct of business as transient vendors as defined in section	238
5739.17 of the Revised Code.	239

Sec. 3717.22.  (A) The following are not retail food	240
establishments:	241

(1) A food service operation licensed under this chapter,	242
including a food service operation that provides the services of a	243
retail food establishment pursuant to an endorsement issued under	244
section 3717.44 of the Revised Code;	245

(2) An entity exempt under divisions (B)(1) to (9)(10) or	246
(11)(12) to (13)(14) of section 3717.42 of the Revised Code from	247
the requirement to be licensed as a food service operation and an	248
entity exempt under division (B)(10)(11) of that section if the	249
entity is regulated by the department of agriculture as a food	250
processing establishment under section 3715.021 of the Revised	251
Code;	252

(3) A business or that portion of a business that is	253
regulated by the federal government or the department of	254
agriculture as a food manufacturing or food processing business,	255
including a business or that portion of a business regulated by	256
the department of agriculture under Chapter 911., 913., 915.,	257
917., 918., or 925. of the Revised Code.	258

(B) All of the following are exempt from the requirement to	259
be licensed as a retail food establishment:	260

(1) An establishment with commercially prepackaged foods that	261
are not potentially hazardous and contained in displays, the total	262
space of which equals less than two hundred cubic feet;	263

(2) A person at a farmers market that is registered with the	264
director of agriculture pursuant to section 3717.221 of the	265
Revised Code that offers for sale only one or more of the	266
following:	267

(a) Fresh unprocessed fruits or vegetables;

268

(b) Products of a cottage food production operation;

269

(c) Maple syrup, sorghum, or honey that is produced by a	270
maple syrup or sorghum producer or beekeeper described in division	271
(A) of section 3715.021 of the Revised Code;	272

(d) Commercially prepackaged food that is not potentially	273
hazardous, on the condition that the food is contained in	274
displays, the total space of which equals less than one hundred	275
cubic feet on the premises where the person conducts business at	276
the farmers market.	277

(3) A person who offers for sale at a roadside stand only	278
fresh fruits and fresh vegetables that are unprocessed;	279

(4) A nonprofit organization exempt from federal income	280
taxation under section 501(c)(3) of the "Internal Revenue Code of	281
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises	282
funds by selling foods and that, if required to be licensed, would	283
be classified as risk level one in accordance with rules	284
establishing licensing categories for retail food establishments	285
adopted under section 3717.33 of the Revised Code, if the sales	286
occur inside a building and are for not more than seven	287
consecutive days or more than fifty-two separate days during a	288
licensing period. This exemption extends to any individual or	289
group raising all of its funds during the time periods specified	290
in division (B)(4) of this section for the benefit of the	291
nonprofit organization by selling foods under the same conditions.	292

(5) An establishment that offers food contained in displays	293
of less than five hundred square feet, and if required to be	294
licensed would be classified as risk level one pursuant to rules	295
establishing licensing categories for retail food establishments	296
adopted under section 3717.33 of the Revised Code, on the	297
condition that the establishment offers the food for sale at	298
retail not more than six months in each calendar year;	299

(6) A cottage food production operation, on the condition	300
that the operation offers its products directly to the consumer	301
from the site where the products are produced;	302

(7) A maple syrup and sorghum processor and beekeeper	303
described in division (A) of section 3715.021 of the Revised Code,	304
on the condition that the processor or beekeeper offers only maple	305
syrup, sorghum, or honey directly to the consumer from the site	306
where those products are processed;	307

(8) A person who annually maintains five hundred or fewer	308
birds, on the condition that the person offers the eggs from those	309
birds directly to the consumer from the location where the eggs	310
are produced or at a farm product auction to which division	311
(B)(11) of this section applies;	312

(9) A person who annually raises and slaughters one thousand	313
or fewer chickens, on the condition that the person offers dressed	314
chickens directly to the consumer from the location where the	315
chickens are raised and slaughtered or at a farm product auction	316
to which division (B)(11) of this section applies;	317

(10) A person who raises, slaughters, and processes the meat	318
of nonamenable species described in divisions (A) and (B) of	319
section 918.12 of the Revised Code, on the condition that the	320
person offers the meat directly to the consumer from the location	321
where the meat is processed or at a farm product auction to which	322
division (B)(11) of this section applies;	323

(11) A farm product auction, on the condition that it is	324
registered with the director pursuant to section 3717.221 of the	325
Revised Code that offers for sale at the farm product auction only	326
one or more of the following:	327

(a) The products described in divisions (B)(8) to (10) of	328
this section that are produced, raised, slaughtered, or processed,	329
as appropriate, by persons described in divisions (B)(8) to (10)	330
of this section;	331

(b) Fresh unprocessed fruits or vegetables;

332

(c) Products of a cottage food production operation;

333

(d) Maple syrup, sorghum, or honey that is produced by a	334
maple syrup or sorghum producer or beekeeper described in division	335
(A) of section 3715.021 of the Revised Code.	336

(12) An establishment that, with respect to offering food for	337
sale, offers only alcoholic beverages or prepackaged beverages	338
that are not potentially hazardous;	339

(13) An establishment that, with respect to offering food for	340
sale, offers only alcoholic beverages, prepackaged beverages that	341
are not potentially hazardous, or commercially prepackaged food	342
that is not potentially hazardous, on the condition that the	343
commercially prepackaged food is contained in displays, the total	344
space of which equals less than two hundred cubic feet on the	345
premises of the establishment;	346

(14) An establishment that, with respect to offering food for	347
sale, offers only fountain beverages that are not potentially	348
hazardous;	349

(15) A person who offers for sale only one or more of the	350
following foods at a festival or celebration, on the condition	351
that the festival or celebration is organized by a political	352
subdivision of the state and lasts for a period not longer than	353
seven consecutive days:	354

(a) Fresh unprocessed fruits or vegetables;

355

(b) Products of a cottage food production operation;

356

(c) Maple syrup, sorghum, or honey if produced by a maple	357
syrup or sorghum processor or beekeeper as described in division	358
(A) of section 3715.021 of the Revised Code;	359

(d) Commercially prepackaged food that is not potentially	360
hazardous, on the condition that the food is contained in	361
displays, the total space of which equals less than one hundred	362
cubic feet;	363

(e) Fruit butter produced at the festival or celebration and	364
sold from the production site.	365

(16) A farm market on the condition that it is registered	366
with the director pursuant to section 3717.221 of the Revised Code	367
that offers for sale at the farm market only one or more of the	368
following:	369

(a) Fresh unprocessed fruits or vegetables;

370

(b) Products of a cottage food production operation;

371

(c) Maple syrup, sorghum, or honey that is produced by a	372
maple syrup or sorghum producer or beekeeper described in division	373
(A) of section 3715.021 of the Revised Code;	374

(d) Commercially prepackaged food that is not potentially	375
hazardous, on the condition that the food is contained in	376
displays, the total space of which equals less than one hundred	377
cubic feet on the premises where the person conducts business at	378
the farm market;	379

(e) Cider and other juices manufactured on site at the farm	380
market;	381

(f) The products or items described in divisions (B)(8) to	382
(10) of this section, on the condition that those products or	383
items were produced by the person offering to sell them, and	384
further conditioned that, with respect to eggs offered, the person	385
offering to sell them annually maintains five hundred or fewer	386
birds, and with respect to dressed chickens offered, the person	387
annually raises and slaughters one thousand or fewer chickens.	388

Sec. 3717.42.  (A) The following are not food service	389
operations:	390

(1) A retail food establishment licensed under this chapter,	391
including a retail food establishment that provides the services	392
of a food service operation pursuant to an endorsement issued	393
under section 3717.24 of the Revised Code;	394

(2) An entity exempt from the requirement to be licensed as a	395
retail food establishment under division (B) of section 3717.22 of	396
the Revised Code;	397

(3) A business or that portion of a business that is	398
regulated by the federal government or the department of	399
agriculture as a food manufacturing or food processing business,	400
including a business or that portion of a business regulated by	401
the department of agriculture under Chapter 911., 913., 915.,	402
917., 918., or 925. of the Revised Code.	403

(B) All of the following are exempt from the requirement to	404
be licensed as a food service operation:	405

(1) A private home in which individuals related by blood,	406
marriage, or law reside and in which the food that is prepared or	407
served is intended only for those individuals and their nonpaying	408
guests;	409

(2) A private home operated as a bed-and-breakfast that	410
prepares and offers food to guests, if the home is owner-occupied,	411
the number of available guest bedrooms does not exceed six,	412
breakfast is the only meal offered, and the number of guests	413
served does not exceed sixteen;	414

(3) A stand operated on the premises of a private home by one	415
or more children under the age of twelve, if the food served is	416
not potentially hazardous;	417

(4) A residential facility that accommodates not more than	418
sixteen residents; is licensed, certified, registered, or	419
otherwise regulated by the federal government or by the state or a	420
political subdivision of the state; and prepares food for or	421
serves food to only the residents of the facility, the staff of	422
the facility, and any nonpaying guests of residents or staff;	423

(5) A church, school, fraternal or veterans' organization,	424
volunteer fire organization, or volunteer emergency medical	425
service organization preparing or serving food intended for	426
individual portion service on its premises for not more than seven	427
consecutive days or not more than fifty-two separate days during a	428
licensing period. This exemption extends to any individual or	429
group raising all of its funds during the time periods specified	430
in division (B)(5) of this section for the benefit of the church,	431
school, or organization by preparing or serving food intended for	432
individual portion service under the same conditions.	433

(6) A common carrier that prepares or serves food, if the	434
carrier is regulated by the federal government;	435

(7) A food service operation serving thirteen or fewer	436
individuals daily;	437

(8) A type A or type B family day-care home, as defined in	438
section 5104.01 of the Revised Code, that prepares or serves food	439
for the children receiving day-care;	440

(9) A child day-care center or school child program that	441
holds a healthy food license issued under section 3717.60 of the	442
Revised Code and prepares or serves food, as authorized by the	443
license, for the children in the center's or program's care;	444

(10) A vending machine location where the only foods	445
dispensed are foods from one or both of the following categories:	446

(a) Prepackaged foods that are not potentially hazardous;

447

(b) Nuts, panned or wrapped bulk chewing gum, or panned or	448
wrapped bulk candies.	449

(10)(11) A place servicing the vending machines at a vending	450
machine location described in division (B)(9) of this section;	451

(11)(12) A commissary servicing vending machines that	452
dispense only milk, milk products, or frozen desserts that are	453
under a state or federal inspection and analysis program;	454

(12)(13) A "controlled location vending machine location,"	455
which means a vending machine location at which all of the	456
following apply:	457

(a) The vending machines dispense only foods that are not	458
potentially hazardous;	459

(b) The machines are designed to be filled and maintained in	460
a sanitary manner by untrained persons;	461

(c) Minimal protection is necessary to ensure against	462
contamination of food and equipment.	463

(13)(14) A private home that prepares and offers food to	464
guests, if the home is owner-occupied, meals are served on the	465
premises of that home, the number of meals served does not exceed	466
one hundred fifteen per week, and the home displays a notice in a	467
place conspicuous to all of its guests informing them that the	468
home is not required to be licensed as a food service operation;	469

(14)(15) An individual who prepares full meals or meal	470
components, such as pies or baked goods, in the individual's home	471
to be served off the premises of that home, if the number of meals	472
or meal components prepared for that purpose does not exceed	473
twenty in a seven-day period.	474

Sec. 3717.60.  (A) As used in this section:

475

(1) "Child day-care center" has the same meaning as in	476
section 5104.01 of the Revised Code.	477

(2) "Healthy food license" means a license that authorizes a	478
child day-care center or school child program to receive, serve,	479
and store any of the following for the children in the center's or	480
program's care:	481

(a) Fruit;

482

(b) Vegetables;

483

(c) Single-serving dairy products, if included in the	484
licensing category applicable to the license held by the center or	485
program.	486

(3) "School child program" has the same meaning as in section	487
3301.52 of the Revised Code.	488

(B) A child day-care center or school child program seeking a	489
healthy food license or renewal of a license shall apply to the	490
entity specified in rules adopted under this section on a form	491
provided by the entity. The entity shall issue or renew a license	492
if the applicant meets the requirements established in rules	493
adopted under this section.	494

A healthy food license remains valid until scheduled to	495
expire unless earlier suspended or revoked pursuant to rules	496
adopted under this section.	497

(C) A child day-care center or school child program holding a	498
healthy food license shall comply with the standards and	499
procedures established in rules adopted under this section.	500

(D) The director of health shall adopt rules governing	501
healthy food licenses. The rules shall be adopted in accordance	502
with Chapter 119. of the Revised Code. The rules shall include all	503
of the following:	504

(1) Standards and procedures for applying for a license or	505
renewal of a license, including the length of the license;	506

(2) The amount of the fees to be charged for issuing and	507
renewing licenses;	508

(3) Procedures for selecting a local entity to enforce this	509
section;	510

(4) Standards and procedures for reviewing and approving	511
applications for licenses;	512

(5) Standards and procedures for conducting inspections of	513
the child day-care centers and school child programs holding	514
healthy food licenses, including a schedule of frequency for	515
conducting the inspections;	516

(6) Standards and procedures for conducting investigations of	517
complaints pertaining to centers and programs holding healthy food	518
licenses;	519

(7) Specification of the fruits, vegetables, and, if	520
applicable, single-serving dairy products that may be received,	521
stored, and served by the center or program holding a healthy food	522
license;	523

(8) Specifications regarding the manner in which a child	524
day-care center or school child program may receive, serve, and	525
store fruit, vegetables, and single-serving dairy products, except	526
that the specifications shall not be the same as or more	527
restrictive than the specifications for food service operations	528
governed under this chapter;	529

(9) Licensing categories that apply to healthy food licenses	530
and requirements for each category based on whether the license	531
authorizes the holder to receive, serve, and store fruit and	532
vegetables only or authorizes the holder to receive, serve, and	533
store single-serving dairy products in addition to fruit and	534
vegetables;	535

(10) Standards and procedures for suspending or revoking a	536
license;	537

(11) Any other matter the director considers relevant to the	538
administration and enforcement of the provisions of this section.	539

Sec. 5104.051.  (A)(1) The department of commerce is	540
responsible for the inspections of child day-care centers as	541
required by division (A)(1) of section 5104.05 of the Revised	542
Code. Where there is a municipal, township, or county building	543
department certified under section 3781.10 of the Revised Code to	544
exercise enforcement authority with respect to the category of	545
building occupancy which includes day-care centers, all	546
inspections required under division (A)(1) of section 5104.05 of	547
the Revised Code shall be made by that department according to the	548
standards established by the board of building standards.	549
Inspections in areas of the state where there is no municipal,	550
township, or county building department certified under section	551
3781.10 of the Revised Code to exercise enforcement authority with	552
respect to the category of building occupancy which includes	553
day-care centers shall be made by personnel of the department of	554
commerce. Inspections of centers shall be contingent upon payment	555
of a fee by the applicant to the department having jurisdiction to	556
inspect.	557

(2) The department of commerce is responsible for the	558
inspections of type A family day-care homes as required by	559
division (B)(3) of section 5104.05 of the Revised Code. Where	560
there is a municipal, township, or county building department	561
certified under section 3781.10 of the Revised Code to exercise	562
enforcement authority with respect to the category of building	563
occupancy which includes type A homes, all inspections required	564
under division (B)(3) of section 5104.05 of the Revised Code shall	565
be made by that department according to the standards established	566
by the board of building standards. Inspections in areas of the	567
state where there is no municipal, township, or county building	568
department certified under section 3781.10 of the Revised Code to	569
exercise enforcement authority with respect to the category of	570
building occupancy which includes type A homes shall be made by	571
personnel of the department of commerce. Inspections of type A	572
homes shall be contingent upon payment of a fee by the applicant	573
to the department having jurisdiction to inspect.	574

(B) The state fire marshal is responsible for the inspections	575
required by divisions (A)(2) and (B)(1) of section 5104.05 of the	576
Revised Code. In municipal corporations and in townships outside	577
municipal corporations where there is a fire prevention official,	578
the inspections shall be made by the fire chief or the fire	579
prevention official under the supervision of and according to the	580
standards established by the state fire marshal. In townships	581
outside municipal corporations where there is no fire prevention	582
official, inspections shall be made by the employees of the state	583
fire marshal.	584

(C) The state fire marshal shall enforce all statutes and	585
rules pertaining to fire safety and fire prevention in child	586
day-care centers and type A family day-care homes. In the event of	587
a dispute between the state fire marshal and any other responsible	588
officer under sections 5104.05 and 5104.051 of the Revised Code	589
with respect to the interpretation or application of a specific	590
fire safety statute or rule, the interpretation of the state fire	591
marshal shall prevail.	592

(D) As used in this division, "licensor" has the same meaning	593
as in section 3717.01 of the Revised Code.	594

TheExcept as provided in division (E) of this section, the	595
licensor for food service operations in the city or general health	596
district in which the center is located is responsible for the	597
inspections required underby Chapter 3717. of the Revised Code.	598

(E) The entity specified in rules adopted by the director of	599
health under section 3717.60 of the Revised Code is responsible	600
for inspections required by that section.	601

(F) Any moneys collected by the department of commerce under	602
this section shall be paid into the state treasury to the credit	603
of the industrial compliance operating fund created in section	604
121.084 of the Revised Code.	605

Section 2. That existing sections 3313.813, 3715.52, 3717.22,	606
3717.42, and 5104.051 of the Revised Code are hereby repealed.	607