As Introduced
136th General Assembly
Regular Session H. B. No. 10
2025-2026
Representatives Klopfenstein, Daniels
Cosponsors: Representatives Thomas, D., Sigrist, King, Johnson, Williams, Lear, Miller, K., Brennan, Gross, Deeter, Click, Rogers, Bird, Santucci, Fowler Arthur, Claggett, Mathews, T., Peterson, Hiner
A BILL
To amend sections 3314.03, 3326.11, 3328.24, 3701.132, and 3715.60 and to enact sections 3313.8110, 3345.88, 3715.601, 3715.602, 3715.603, 3715.604, 3715.605, and 5101.548 of the Revised Code to regulate imitation meat and egg products.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3314.03, 3326.11, 3328.24, 3701.132, and 3715.60 be amended and sections 3313.8110, 3345.88, 3715.601, 3715.602, 3715.603, 3715.604, 3715.605, and 5101.548 of the Revised Code be enacted to read as follows:
Sec. 3313.8110. (A) The board of education of each city, exempted village, local, and joint vocational school district shall adopt a policy to prevent the purchase of a food that is either of the following:
(1) Misbranded as a meat product or an egg product as prohibited in section 3715.602 of the Revised Code;
(2) A cultivated-protein food product as defined in section 3715.601 of the Revised Code.
(B) The department of education and workforce shall adopt a policy to prevent the purchase of a food that is either of the following:
(1) Misbranded as a meat product or an egg product as prohibited in section 3715.602 of the Revised Code;
(2) A cultivated-protein food product.
Sec. 3314.03. A copy of every contract entered into under this section shall be filed with the director of education and workforce. The department of education and workforce shall make available on its web site a copy of every approved, executed contract filed with the director under this section.
(A) Each contract entered into between a sponsor and the governing authority of a community school shall specify the following:
(1) That the school shall be established as either of the following:
(a) A nonprofit corporation established under Chapter 1702. of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter 1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the school's mission, the characteristics of the students the school is expected to attract, the ages and grades of students, and the focus of the curriculum;
(3) The academic goals to be achieved and the method of measurement that will be used to determine progress toward those goals, which shall include the statewide achievement assessments;
(4) Performance standards, including but not limited to all applicable report card measures set forth in section 3302.03 or 3314.017 of the Revised Code, by which the success of the school will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an attendance policy that includes a procedure for automatically withdrawing a student from the school if the student without a legitimate excuse fails to participate in seventy-two consecutive hours of the learning opportunities offered to the student.
(7) The ways by which the school will achieve racial and ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of state. The contract shall require financial records of the school to be maintained in the same manner as are financial records of school districts, pursuant to rules of the auditor of state. Audits shall be conducted in accordance with section 117.10 of the Revised Code.
(9) An addendum to the contract outlining the facilities to be used that contains at least the following information:
(a) A detailed description of each facility used for instructional purposes;
(b) The annual costs associated with leasing each facility that are paid by or on behalf of the school;
(c) The annual mortgage principal and interest payments that are paid by the school;
(d) The name of the lender or landlord, identified as such, and the lender's or landlord's relationship to the operator, if any.
(10) Qualifications of employees, including both of the following:
(a) A requirement that the school's classroom teachers be licensed in accordance with sections 3319.22 to 3319.31 of the Revised Code, except that a community school may engage noncertificated persons to teach up to twelve hours or forty hours per week pursuant to section 3319.301 of the Revised Code;
(b) A prohibition against the school employing an individual described in section 3314.104 of the Revised Code in any position.
(11) That the school will comply with the following requirements:
(a) The school will provide learning opportunities to a minimum of twenty-five students for a minimum of nine hundred twenty hours per school year.
(b) The governing authority will purchase liability insurance, or otherwise provide for the potential liability of the school.
(c) The school will be nonsectarian in its programs, admission policies, employment practices, and all other operations, and will not be operated by a sectarian school or religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.948, 3302.037, 3313.472, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6024, 3313.6025, 3313.6026, 3313.6028, 3313.6029, 3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.238, 3319.318, 3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41, 3319.46, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it were a school district and will comply with section 3301.0714 of the Revised Code in the manner specified in section 3314.17 of the Revised Code.
(e) The school shall comply with Chapter 102. and section 2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611, 3313.614, 3313.617, 3313.618, and 3313.6114 of the Revised Code, except that for students who enter ninth grade for the first time before July 1, 2010, the requirement in sections 3313.61 and 3313.611 of the Revised Code that a person must successfully complete the curriculum in any high school prior to receiving a high school diploma may be met by completing the curriculum adopted by the governing authority of the community school rather than the curriculum specified in Title XXXIII of the Revised Code or any rules of the department. Beginning with students who enter ninth grade for the first time on or after July 1, 2010, the requirement in sections 3313.61 and 3313.611 of the Revised Code that a person must successfully complete the curriculum of a high school prior to receiving a high school diploma shall be met by completing the requirements prescribed in section 3313.6027 and division (C) of section 3313.603 of the Revised Code, unless the person qualifies under division (D) or (F) of that section. Each school shall comply with the plan for awarding high school credit based on demonstration of subject area competency, and beginning with the 2017-2018 school year, with the updated plan that permits students enrolled in seventh and eighth grade to meet curriculum requirements based on subject area competency adopted by the department under divisions (J)(1) and (2) of section 3313.603 of the Revised Code. Beginning with the 2018-2019 school year, the school shall comply with the framework for granting units of high school credit to students who demonstrate subject area competency through work-based learning experiences, internships, or cooperative education developed by the department under division (J)(3) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four months after the end of each school year a report of its activities and progress in meeting the goals and standards of divisions (A)(3) and (4) of this section and its financial status to the sponsor and the parents of all students enrolled in the school.
(h) The school, unless it is an internet- or computer-based community school, will comply with section 3313.801 of the Revised Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant awarded under the federal race to the top program, Division (A), Title XIV, Sections 14005 and 14006 of the "American Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the school will pay teachers based upon performance in accordance with section 3317.141 and will comply with section 3319.111 of the Revised Code as if it were a school district.
(j) If the school operates a preschool program that is licensed by the department under sections 3301.52 to 3301.59 of the Revised Code, the school shall comply with sections 3301.50 to 3301.59 of the Revised Code and the minimum standards for preschool programs prescribed in rules adopted by the department of children and youth under section 3301.53 of the Revised Code.
(k) The school will comply with sections 3313.6021 and 3313.6023 of the Revised Code as if it were a school district unless it is either of the following:
(i) An internet- or computer-based community school;
(ii) A community school in which a majority of the enrolled students are children with disabilities as described in division (B)(2) of section 3314.35 of the Revised Code.
(l) The school will comply with section 3321.191 of the Revised Code, unless it is an internet- or computer-based community school that is subject to section 3314.261 of the Revised Code.
(12) Arrangements for providing health and other benefits to employees;
(13) The length of the contract, which shall begin at the beginning of an academic year. No contract shall exceed five years unless such contract has been renewed pursuant to division (E) of this section.
(14) The governing authority of the school, which shall be responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget for each year of the period of the contract and specifying the total estimated per pupil expenditure amount for each such year.
(16) Requirements and procedures regarding the disposition of employees of the school in the event the contract is terminated or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or part of an existing public school or educational service center building or is to be a new start-up school, and if it is a converted public school or service center building, specification of any duties or responsibilities of an employer that the board of education or service center governing board that operated the school or building before conversion is delegating to the governing authority of the community school with respect to all or any specified group of employees provided the delegation is not prohibited by a collective bargaining agreement applicable to such employees;
(18) Provisions establishing procedures for resolving disputes or differences of opinion between the sponsor and the governing authority of the community school;
(19) A provision requiring the governing authority to adopt a policy regarding the admission of students who reside outside the district in which the school is located. That policy shall comply with the admissions procedures specified in sections 3314.06 and 3314.061 of the Revised Code and, at the sole discretion of the authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside the district in which the school is located;
(b) Permit the enrollment of students who reside in districts adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other district in the state.
(20) A provision recognizing the authority of the department to take over the sponsorship of the school in accordance with the provisions of division (C) of section 3314.015 of the Revised Code;
(21) A provision recognizing the sponsor's authority to assume the operation of a school under the conditions specified in division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to inspect the facilities of the school and to order the facilities closed if those officials find that the facilities are not in compliance with health and safety laws and regulations;
(b) The authority of the department as the community school oversight body to suspend the operation of the school under section 3314.072 of the Revised Code if the department has evidence of conditions or violations of law at the school that pose an imminent danger to the health and safety of the school's students and employees and the sponsor refuses to take such action.
(23) A description of the learning opportunities that will be offered to students including both classroom-based and non-classroom-based learning opportunities that is in compliance with criteria for student participation established by the department under division (H)(2) of section 3314.08 of the Revised Code;
(24) The school will comply with sections 3302.04 and 3302.041 of the Revised Code, except that any action required to be taken by a school district pursuant to those sections shall be taken by the sponsor of the school.
(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void.
(26) Whether the school's governing authority is planning to seek designation for the school as a STEM school equivalent under section 3326.032 of the Revised Code;
(27) That the school's attendance and participation policies will be available for public inspection;
(28) That the school's attendance and participation records shall be made available to the department, auditor of state, and school's sponsor to the extent permitted under and in accordance with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, and any regulations promulgated under that act, and section 3319.321 of the Revised Code;
(29) If a school operates using the blended learning model, as defined in section 3301.079 of the Revised Code, all of the following information:
(a) An indication of what blended learning model or models will be used;
(b) A description of how student instructional needs will be determined and documented;
(c) The method to be used for determining competency, granting credit, and promoting students to a higher grade level;
(d) The school's attendance requirements, including how the school will document participation in learning opportunities;
(e) A statement describing how student progress will be monitored;
(f) A statement describing how private student data will be protected;
(g) A description of the professional development activities that will be offered to teachers.
(30) A provision requiring that all moneys the school's operator loans to the school, including facilities loans or cash flow assistance, must be accounted for, documented, and bear interest at a fair market rate;
(31) A provision requiring that, if the governing authority contracts with an attorney, accountant, or entity specializing in audits, the attorney, accountant, or entity shall be independent from the operator with which the school has contracted.
(32) A provision requiring the governing authority to adopt an enrollment and attendance policy that requires a student's parent to notify the community school in which the student is enrolled when there is a change in the location of the parent's or student's primary residence.
(33) A provision requiring the governing authority to adopt a student residence and address verification policy for students enrolling in or attending the school.
(B) The community school shall also submit to the sponsor a comprehensive plan for the school. The plan shall specify the following:
(1) The process by which the governing authority of the school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public school or educational service center building, alternative arrangements for current public school students who choose not to attend the converted school and for teachers who choose not to teach in the school or building after conversion;
(4) The instructional program and educational philosophy of the school;
(5) Internal financial controls.
When submitting the plan under this division, the school shall also submit copies of all policies and procedures regarding internal financial controls adopted by the governing authority of the school.
(C) A contract entered into under section 3314.02 of the Revised Code between a sponsor and the governing authority of a community school may provide for the community school governing authority to make payments to the sponsor, which is hereby authorized to receive such payments as set forth in the contract between the governing authority and the sponsor. The total amount of such payments for monitoring, oversight, and technical assistance of the school shall not exceed three per cent of the total amount of payments for operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor which shall be in accordance with the written agreement entered into with the department under division (B) of section 3314.015 of the Revised Code and shall include the following:
(1) Monitor the community school's compliance with all laws applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance and the organization and operation of the community school on at least an annual basis;
(3) Provide technical assistance to the community school in complying with laws applicable to the school and terms of the contract;
(4) Take steps to intervene in the school's operation to correct problems in the school's overall performance, declare the school to be on probationary status pursuant to section 3314.073 of the Revised Code, suspend the operation of the school pursuant to section 3314.072 of the Revised Code, or terminate the contract of the school pursuant to section 3314.07 of the Revised Code as determined necessary by the sponsor;
(5) Have in place a plan of action to be undertaken in the event the community school experiences financial difficulties or closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this section, the sponsor of a community school may, with the approval of the governing authority of the school, renew that contract for a period of time determined by the sponsor, but not ending earlier than the end of any school year, if the sponsor finds that the school's compliance with applicable laws and terms of the contract and the school's progress in meeting the academic goals prescribed in the contract have been satisfactory. Any contract that is renewed under this division remains subject to the provisions of sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code.
Sec. 3326.11. Each science, technology, engineering, and mathematics school established under this chapter and its governing body shall comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 3301.0714, 3301.0715, 3301.0729, 3301.948, 3302.037, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6021, 3313.6023, 3313.6024, 3313.6025, 3313.6026, 3313.6028, 3313.6029, 3313.61, 3313.611, 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114, 3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.717, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.21, 3319.238, 3319.318, 3319.32, 3319.321, 3319.324, 3319.35, 3319.39, 3319.391, 3319.393, 3319.41, 3319.45, 3319.46, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it were a school district.
Sec. 3328.24. A college-preparatory boarding school established under this chapter and its board of trustees shall comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0729, 3301.948, 3302.037, 3313.5318, 3313.5319, 3313.6013, 3313.6021, 3313.6023, 3313.6024, 3313.6025, 3313.6026, 3313.6029, 3313.617, 3313.618, 3313.6114, 3313.6411, 3313.6413, 3313.668, 3313.669, 3313.6610, 3313.717, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.8110, 3313.89, 3319.073, 3319.077, 3319.078, 3319.318, 3319.324, 3319.39, 3319.391, 3319.393, 3319.46, 3320.01, 3320.02, 3320.03, 3320.04, 3323.251, and 5502.262, and Chapter 3365. of the Revised Code as if the school were a school district and the school's board of trustees were a district board of education.
Sec. 3345.88. Each state institution of higher education, as defined in section 3345.011 of the Revised Code, shall adopt a policy to prevent the purchase of a food that is either of the following:
(A) Misbranded as a meat product or an egg product as prohibited in section 3715.602 of the Revised Code;
(B) A cultivated-protein food product as defined in section 3715.601 of the Revised Code.
This section does not apply to a state institution's purchase of food described in divisions (A) and (B) of this section for research purposes.
Sec. 3701.132. (A) As used in this section, "WIC program" means the "special supplemental nutrition program for women, infants, and children" established under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended.
(B) The department of health is hereby designated as the state agency to administer the WIC program.
The director of health shall adopt rules pursuant to Chapter 119. of the Revised Code as necessary for administering the WIC program. The rules may include civil money penalties for violations of the rules.
(C) In determining eligibility for services provided under the WIC program, the department may use the application form established under section 5163.40 of the Revised Code for the healthy start program. The department may require applicants to furnish their social security numbers.
(D) If the department determines that a vendor has committed an act with respect to the WIC program that federal statutes or regulations or state statutes or rules prohibit, the department shall take action against the vendor in the manner required by 7 C.F.R. part 246, including imposition of a civil money penalty in accordance with 7 C.F.R. 246.12, or rules adopted under this section.
(E) If the United States department of agriculture approves cultivated-protein food products or fabricated-egg products as defined in section 3715.601 of the Revised Code for purchase under the WIC program, the director of health shall submit a request to the United States department of agriculture for a waiver that excludes those products from program eligibility in this state.
Sec.
3715.60. Food
In
addition to the specifications established in section 3715.602 of the
Revised Code, 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 false or misleading in any particular.
(B) It is offered for sale under the name of another food.
(C) Its container is so made, formed, or filled as to be misleading.
(D) It is an imitation of another food, unless its label bears in type of uniform size and prominence, the word "imitation," and immediately thereafter the name of the food imitated.
(E) When it is in package form, it does not bear a label containing:
(1) The name and place of business of the manufacturer, packer, or distributor;
(2) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that reasonable variations shall be permitted, and exemptions as to small packages shall be established by rules adopted by the director of agriculture;
(3) In the case of food subject to section 3715.023 of the Revised Code, the information specified in that section.
(F) Any word, statement, or other information required by or under authority of sections 3715.01, 3715.02, and 3715.52 to 3715.72 of the Revised Code, to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(G) It purports to be, or is represented as, a food for which a definition and standard of identity have been prescribed by statute, or by any rule adopted under an existing statute, or by rule as provided by section 3715.02 of the Revised Code, unless:
(1) It conforms to such definition and standard.
(2) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by such statute or rules, the common names of optional ingredients, other than spices, flavoring, and coloring, present in such food.
(H) It purports to be or is represented as:
(1) A food for which a standard of quality has been prescribed by rule as provided by section 3715.02 of the Revised Code and its quality falls below the standard unless its label bears, in the manner and form that the rules specify, a statement that it falls below the standard;
(2) A food for which a standard or standards of fill of container have been prescribed by rule as provided by section 3715.02 of the Revised Code, and it falls below the standard of fill of container applicable thereto, unless its label bears, in the manner and form that the rules specify, a statement that it falls below the standard.
(I) It is not subject to the provisions of division (G) of this section, unless it bears labeling clearly giving:
(1) The common or usual name of the food, if any;
(2) In case it is fabricated from two or more ingredients, the common or usual name of each ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; provided, that, to the extent that compliance with the requirements of division (I)(2) of this section is impractical or results in deception or unfair competition, exemptions shall be established by rules adopted by the director; and provided that these requirements shall not apply to any carbonated beverage of which a full and correct statement of the ingredients, to the extent prescribed by division (I)(2) of this section, has been filed under oath with the director.
(J) It purports to be or is represented to be for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as is provided by rules adopted by the director, as necessary, in order to fully inform purchasers as to its value for such uses.
(K) It bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this division is impracticable, exemptions shall be established by rules adopted by the director.
Sec. 3715.601. As used in this section and sections 3715.602 to 3715.605 of the Revised Code:
(A) "Agricultural food animal" means both of the following:
(1) A domesticated animal belonging to the bovine, caprine, ovine, or porcine species;
(2) Any type of poultry.
(B) "Cultivated-protein food product" means a food having one or more sensory attributes that resemble a type of tissue originating from an agricultural food animal, but that, in lieu of being derived from meat processing, is derived from manufacturing cells in which one or more stem cells are initially isolated from an agricultural food animal, are grown in vitro, and may be manipulated, as part of a manufacturing operation.
(C) "Egg" means food that is the reproductive output of an agricultural food animal classified as a chicken. "Egg" includes albumen and yolk encased in a calcium-based shell.
(D) "Egg product" means food derived from egg processing in which eggs or egg parts are the primary ingredient.
(E) "Egg processing" means the processing of eggs, including either of the following:
(1) The handling, preparation, heating, and packaging of whole shelled or unshelled eggs;
(2) The breaking of eggs and the separation of eggs; pasteurization; filtering, mixing, stabilizing, or blending parts of the egg; any cooling, freezing, or drying of parts of the egg; storage; and packaging.
(F) "Fabricated-egg product" means food, if it has one or more sensory attributes that resemble an egg product but that, in lieu of being the output of a laying hen, is derived from manufactured plants or other organic materials.
(G) "Food processing establishment" has the same meaning as in section 3715.021 of the Revised Code.
(H) "Identifying egg term" means any word or phrase that states, indicates, suggests, or describes an egg product, regardless of whether the word or phrase is used individually, as a portmanteau, or as a compound word. "Identifying egg term" includes any of the following:
(1) A common name for a type of a chicken, including laying hen, hen, or layer, cage-free, poultry, or fowl;
(2) A common name for a characteristic of a chicken based on age, breed, or sex;
(3) A common name, or a comparable word or phrase approved by the department of agriculture, that a reasonable purchaser would immediately and exclusively associate with an egg product prepared for sale in normal commercial channels such as custard, eggnog, frittata, huevos rancheros, omelette, mayonnaise, meringue, sunny side up, over easy, over hard, scrambled, or quiche;
(4) Any part of the egg, including its egg, eggshell, egg white, or yolk.
(I) "Identifying meat term" means any word or phrase that states, indicates, suggests, or describes a meat product, regardless of whether the word or phrase is used individually, as a portmanteau, or as a compound word. "Identifying meat term" includes any of the following:
(1) A common name for the species of an agricultural food animal subject to slaughter and processing, including a calf or cow, goat or kid, hog or pig, poultry, or lamb or sheep;
(2) A common name for a characteristic of a species of the agricultural food animal subject to slaughter and processing based on age, breed, or sex;
(3) Meat, beef, or veal; broiler, fryer, poulet, or yearling; cabrito or chevon; lamb or mutton; or pork;
(4) A common name used to describe a major cut of a meat of an agricultural food animal slaughtered and processed, including a major meat cut specified in 9 C.F.R. 317.344; a poultry product such as breast, drumstick, giblet, thigh, or wing; or the common name of an organ or offal, including gizzard, heart, liver, kidney, or tongue;
(5) Any other common name that a reasonable purchaser would immediately and exclusively associate with a meat product prepared for sale in normal commercial channels such as chicken, bacon, baloney, bologna, bone, brat or bratwurst, brisket, burger or hamburger, butt, chop, chorizo, chuck, cold cut, cutlet, filet, flat iron, frank or frankfurter, ham, hock, hot dog or dog, jerky, liverwurst, loin, London broil, lunch meat, New York strip, pepperoni, porterhouse, ribeye, roast, rib or sparerib, salami, sausage, shank, sirloin, tenderloin, or a comparable word or phrase.
(J) "Insect-protein food product" means a food having one or more sensory attributes that resemble a type of tissue originating from an agricultural food animal but that, in lieu of being derived from meat processing, is derived from manufacturing insect parts.
(K) "Manufactured-protein food product" means a cultivated-protein food, insect-protein food, or plant-protein food.
(L) "Meat processing" means the handling, preparation, and slaughter of an agricultural food animal; the dressing of its carcass; or the cutting, storage, and packaging of its tissue or other parts as a food.
(M) "Meat product" means a food derived from meat processing.
(N) "Plant-protein food product" means a food having one or more sensory attributes that resemble a type of tissue found in a species of agricultural food animal but that, in lieu of being derived from meat processing, is derived from manufacturing plant parts.
(O) "Qualifying egg term" means a word, compound word, or phrase that would clearly disclose to a reasonable purchaser of egg products from a food processing establishment that a food product is not an egg product. "Qualifying egg term" includes fake, imitation, egg-free, plant, plant-based, vegan, vegetable, vegetarian, veggie, or a comparable word or phrase as approved by the department.
(P) "Qualifying meat term" means a word, compound word, or phrase that would clearly disclose to a reasonable purchaser of meat products from a food processing establishment that a food is not a meat product. "Qualifying meat term" includes cell-cultivated, cell-cultured, fake, grown in a lab, imitation, insect, insect-based, insect-protein, lab-created, lab-grown, meat free, meatless, plant, plant-based, vegan, vegetable, vegetarian, veggie, or a comparable word or phrase as approved by the department.
Sec. 3715.602. (A) Food is misbranded as a meat product if all of the following apply:
(1) The food is a manufactured-protein food product or the food contains a manufactured-protein food product.
(2) The food is offered for sale by a food processing establishment.
(3) A label that is part of or placed on the package or other container storing the manufactured-protein food product includes an identifying meat term.
(4) The label that is part of or placed on the package or other container storing the manufactured-protein food product does not contain a conspicuous and prominent qualifying meat term in close proximity to the identifying meat term.
(B) Food is misbranded as an egg product if all of the following apply:
(1) The food is a fabricated-egg product or the food contains a fabricated-egg product.
(2) The food is offered for sale or sold by a food processing establishment.
(3) A label that is part of or placed on the package or other container storing the food includes an identifying egg term.
(4) The label that is part of or placed on the package or other container storing the food does not contain a conspicuous and prominent qualifying egg term in close proximity to an identifying egg term.
(C) No food processing establishment shall sell food that is misbranded as a meat product or an egg product under this section.
Sec. 3715.603. In conducting a routine inspection of the premises of a food processing establishment, the department of agriculture is not required to determine if any food located on the premises is misbranded as a meat product or an egg product pursuant to section 3715.602 of the Revised Code.
The department shall inspect an inventory of food offered for sale or sold by a food processing establishment based on a credible complaint that the food is misbranded as a meat product or an egg product under section 3715.602 of the Revised Code.
The department shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary to administer and enforce sections 3715.601 to 3715.605 of the Revised Code.
Sec. 3715.604. If the department of agriculture has reasonable cause to believe that a food processing establishment is selling food that is misbranded as a meat product or an egg product in violation of section 3715.602 of the Revised Code, section 3715.55 of the Revised Code applies to the food.
Sec. 3715.605. (A) Any person who violates section 3715.602 of the Revised Code shall pay a civil penalty of not more than ten thousand dollars for each violation, to be paid into the state treasury to the credit of the general revenue fund. Each day that a violation continues constitutes a separate offense. The attorney general, upon written request by the director of agriculture, shall bring an action for such a penalty against any person who violates that section. Such an action is a civil action, governed by the Rules of Civil Procedure and other rules of practice and procedure applicable to civil actions.
(B) The director shall not suspend or revoke a food processing establishment registration if the food processing establishment violates section 3715.602 of the Revised Code.
Sec. 5101.548. As used in this section, "cultivated-protein food product" and "fabricated-egg product" have the same meanings as in section 3715.601 of the Revised Code.
If the United States department of agriculture approves cultivated-protein food products or fabricated-egg products for purchase under the supplemental nutrition assistance program, the director of job and family services shall submit a request to the United States department of agriculture for a waiver that excludes those products from program eligibility in this state.
Section 2. That existing sections 3314.03, 3326.11, 3328.24, 3701.132, and 3715.60 of the Revised Code are hereby repealed.
Section 3. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 3314.03 of the Revised Code as amended by H.B. 214, H.B. 250, and S.B. 168, all of the 135th General Assembly.
Section 3326.11 of the Revised Code as amended by H.B. 47, H.B. 214, and S.B. 168, all of the 135th General Assembly.
Section 3328.24 of the Revised Code as amended by both H.B. 47 and H.B. 214 of the 135th General Assembly.