As Reported by the House Agriculture Committee

136th General Assembly

Regular Session Sub. H. B. No. 134

2025-2026

Representatives Gross, Humphrey

Cosponsors: Representatives Fischer, Brennan, Denson, Synenberg, Jarrells, McClain, Ferguson, Deeter, Barhorst, Swearingen, Workman, Dean, Mullins, Sims, McNally, Brewer, Klopfenstein, Newman, Schmidt

To amend sections 3715.01, 3715.021, 3715.022, 3715.023, and 3717.22 and to enact sections 3715.026 and 3715.21 of the Revised Code to authorize the sale of certain homemade foods under a microenterprise home kitchen operation registration.

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

Section 1. That sections 3715.01, 3715.021, 3715.022, 3715.023, and 3717.22 be amended and sections 3715.026 and 3715.21 of the Revised Code be enacted to read as follows:

Sec. 3715.01. (A) As used in this chapter:

(1) "Person" means an individual, partnership, corporation, or association.

(2) "Food" means:

(a) Articles used for food or drink for humans or animals;

(b) Chewing gum;

(3) "Drug" means:

(a) Articles recognized in the United States pharmacopoeia and national formulary, or any supplement to them;

(b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(d) Articles intended for use as a component of any of the foregoing articles, other than devices or their components, parts, or accessories.

(4) "Device," except when used in division (B)(1) of this section and in division (A)(10) of section 3715.52, division (F) of section 3715.60, division (A)(5) of section 3715.64, and division (C) of section 3715.67 of the Revised Code, means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, that is any of the following:

(a) Recognized in the United States pharmacopoeia and national formulary, or any supplement to them;

(b) Intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease in humans or animals;

(c) Intended to affect the structure or any function of the body of humans or animals, and that does not achieve any of its principal intended purposes through chemical action within or on the body of humans or animals and is not dependent upon being metabolized for the achievement of any of its principal intended purposes.

(5) "Cosmetic" means:

(a) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance;

(b) Articles intended for use as a component of any such article, except that "cosmetic" does not include soap.

(6) "Label" means a display of written, printed, or graphic matter upon the immediate container, exclusive of package liners, of any article.

Any word, statement, or other information required by this chapter to appear on the label must appear on the outside container or wrapper, if any, of the retail package of the article, or the label must be easily legible through the outside container or wrapper.

(7) "Labeling" means all labels and other written, printed, or graphic matter:

(a) Upon an article or any of its containers or wrappers;

(b) Accompanying such article.

(8) "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.

(9) "New drug" means:

(a) Any drug the composition of which is such that the drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof;

(b) Any drug the composition of which is such that the drug, as a result of investigation to determine its safety for use under such conditions, has become so recognized, but that has not, other than in an investigation, been used to a material extent or for a material time under such conditions.

(10) "Contaminated with filth" applies to any food, drug, device, or cosmetic that has not been protected as far as may be necessary by all reasonable means from dust, dirt, and all foreign or injurious substances.

(11) "Honey" means the nectar and saccharine exudation of plants that has been gathered, modified, and stored in a honeycomb by honeybees.

(12) "Finished dosage form" means the form of a drug that is, or is intended to be, dispensed or administered to humans or animals and requires no further manufacturing or processing other than packaging, reconstituting, or labeling.

(13)(a) "Manufacture" means the planting, cultivating, harvesting, processing, making, preparing, or otherwise engaging in any part of the production of a drug by propagating, compounding, converting, or processing, either directly or indirectly by extracting from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes the following:

(i) Any packaging or repackaging of the drug or labeling or relabeling of its container, the promotion and marketing of the drug, and other activities incident to production;

(ii) The preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, licensed health professionals authorized to prescribe drugs, or other persons.

(b) "Manufacture" does not include the preparation, compounding, packaging, or labeling of a drug by a pharmacist as an incident to either of the following:

(i) Dispensing a drug in the usual course of professional practice;

(ii) Providing a licensed health professional authorized to prescribe drugs with a drug for the purpose of administering to patients or for using the drug in treating patients in the professional's office.

(14) "Dangerous drug" has the same meaning as in section 4729.01 of the Revised Code.

(15) "Generically equivalent drug" means a drug that contains identical amounts of the identical active ingredients, but not necessarily containing the same inactive ingredients, that meets the identical compendial or other applicable standard of identity, strength, quality, and purity, including potency, and where applicable, content uniformity, disintegration times, or dissolution rates, as the prescribed brand name drug and the manufacturer or distributor holds, if applicable, either an approved new drug application or an approved abbreviated new drug application unless other approval by law or from the federal food and drug administration is required.

No drug shall be considered a generically equivalent drug for the purposes of this chapter if it has been listed by the federal food and drug administration as having proven bioequivalence problems.

(16) "Licensed health professional authorized to prescribe drugs" and "prescriber" have the same meanings as in section 4729.01 of the Revised Code.

(17) "Home" means the primary residence occupied by the residence's owner, on the condition that the residence contains only one stove or oven used for cooking, which may be a double oven, designed for common residence usage and not for commercial usage, and that the stove or oven be operated in an ordinary kitchen within the residence.

(18) "Potentially hazardous food" means a food that is natural or synthetic, to which any of the following apply:

(a) It has a pH level greater than 4.6 when measured at seventy-five degrees fahrenheit or twenty-four degrees celsius.

(b) It has a water activity value greater than 0.85.

(c) It requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms, the growth and toxin production of clostridium botulinium, or in the case of raw shell eggs, the growth of salmonella enteritidis.

(19) "Cottage food production operation" means a person who, in the person's home, produces food items that are not potentially hazardous foods, including bakery products, jams, jellies, candy, fruit butter, and similar products specified in rules adopted pursuant to section 3715.025 of the Revised Code.

(20) "Biological product" means, except as provided in section 3715.011 of the Revised Code, a drug that is a biological product, as defined on ~~the effective date of this amendment~~ March 21, 2017, in subsection (i) of section 351 of the "Public Health Service Act," 42 U.S.C. 262(i).

(21) "Interchangeable biological product" means, except as provided in section 3715.011 of the Revised Code, both of the following:

(a) A biological product that, on ~~the effective date of this amendment~~ March 21, 2017, has been determined by the United States food and drug administration to meet the standards for interchangeability set forth in subsection (k) of section 351 of the "Public Health Service Act," 42 U.S.C. 262(k), as amended, and has been licensed under that subsection;

(b) A biological product that, prior to ~~the effective date of this amendment~~ March 21, 2017, was determined by the United States food and drug administration to be therapeutically equivalent as set forth in its publication titled "Approved Drug Products with Therapeutic Equivalence Evaluations."

(22) "Microenterprise home kitchen operation" means a person who registers with the department of agriculture to sell and deliver food that is produced at the person's home in accordance with section 3715.026 of the Revised Code.

(B) For the purposes of sections 3715.52 to 3715.72 of the Revised Code:

(1) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequence which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

(2) The provisions regarding the selling of food, drugs, devices, or cosmetics include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article, and the supplying or applying of any such articles in the conduct of any food, drug, or cosmetic establishment. The provisions do not prohibit a licensed health professional authorized to prescribe drugs from administering or personally furnishing a drug or device to a patient.

(3) The representation of a drug, in its labeling or advertisement, as an antiseptic is a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or other use that involves prolonged contact with the body.

(4) Whenever jurisdiction is vested in the director of agriculture or the state board of pharmacy, the jurisdiction of the board shall be limited to the sale, offering for sale, giving away, delivery, or dispensing in any manner of drugs at the wholesale and retail levels or to the consumer and shall be exclusive in the case of such sale, offering for sale, giving away, delivery, or dispensing in any manner of drugs at the wholesale and retail levels or to the consumer in any place where prescriptions are dispensed or compounded.

(5) To assist in effectuating the provisions of those sections, the director of agriculture or state board of pharmacy may request assistance or data from any government or private agency or individual.

Sec. 3715.021. (A) As used in this section:

(1) "Food processing establishment" means a premises or part of a premises where food is processed, packaged, manufactured, or otherwise held or handled for distribution to another location or for sale at wholesale. "Food processing establishment" includes the activities of a bakery, confectionery, cannery, bottler, warehouse, or distributor, and the activities of an entity that receives or salvages distressed food for sale or use as food. A "food processing establishment" does not include a cottage food production operation; a microenterprise home kitchen operation; a small egg producer; a processor of tree syrup who boils sap when a minimum of seventy-five per cent of the sap used to produce the syrup is collected directly from trees by that processor; a processor of sorghum who processes sorghum juice when a minimum of seventy-five per cent of the sorghum juice used to produce the sorghum is extracted directly from sorghum plants by that processor; a beekeeper who jars honey when a minimum of seventy-five per cent of the honey is from that beekeeper's own hives; or a processor of apple syrup or apple butter who directly harvests from trees a minimum of seventy-five per cent of the apples used to produce the apple syrup or apple butter.

(2) "Small egg producer" means any person that is engaged in the operation of egg production and annually maintains five hundred or fewer birds.

(B) The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that establish, when otherwise not established by the Revised Code, standards and good manufacturing practices for food processing establishments, including the facilities of food processing establishments and their sanitation. The rules shall conform with or be equivalent to the standards for foods established by the United States food and drug administration in Title 21 of the Code of Federal Regulations.

A business or that portion of a business that is regulated by the department of agriculture under Chapter 917. or 918. of the Revised Code is not subject to regulation under this section as a food processing establishment.

Sec. 3715.022. (A) All food products, including those produced and packaged by a cottage food production operation or microenterprise home kitchen operation, and all packaged maple syrup, sorghum, and honey, are subject to food sampling conducted by the director of agriculture, or a representative the director authorizes, to determine if a food product is misbranded or adulterated. A component of the food sampling conducted under this section may include the performance of sample analyses in accordance with section 3715.02 of the Revised Code.

The director of agriculture shall adopt rules as the director considers necessary to establish standards for food sampling and procedures for administration of this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.

(B) Labeling requirements do not apply to fruit butter produced at a festival or celebration, if the festival or celebration is organized by a political subdivision of this state and the fruit butter is sold during the festival or celebration from the production site.

Sec. 3715.023. (A) A cottage food production operation, a microenterprise home kitchen operation, and a maple syrup or sorghum processor and beekeeper described in division (A) of section 3715.021 of the Revised Code shall label each of their food products and include the following information on the label of each of their food products:

(1) The name and address of the business of the cottage food production operation, microenterprise home kitchen operation, processor, or beekeeper;

(2) The name of the food product;

(3) The ingredients of the food product, in descending order of predominance by weight;

(4) The net weight and volume of the food product;

(5) In the case of a cottage food production operation or microenterprise home kitchen operation, the following statement in ten-point type: "This product is home produced."

(B) ~~Food~~ Except as provided in section 3715.026 of the Revised Code, food products identified and labeled in accordance with division (A) of this section are acceptable food products that a retail food establishment or food service operation licensed under Chapter 3717. of the Revised Code may offer for sale or use in preparing and serving food.

Sec. 3715.026. (A) As used in this section:

(1) "Homemade food item" means any food made at the home of a microenterprise home kitchen operation.

"Homemade food item" does not include any of the following:

(a) Low-acid canned foods;

(b) Alcoholic beverages;

(d) Juices unless produced by a microenterprise home kitchen operation in accordance with the standards that apply to a food service operation or retail food establishment specified in section 3715.21 of the Revised Code;

(e) Custom processed meats or poultry;

(f) Shellfish from the operation of a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;

(g) Potentially hazardous foods prepared using reduced oxygen methods;

(h) Food containing any drug.

(2) "Home kitchen" means the home kitchen in which the microenterprise home kitchen operation does or will prepare all homemade food items for sale to a consumer.

(B)(1) The director of agriculture shall issue an microenterprise home kitchen operation registration to a microenterprise home kitchen operation when application is made by an operation in accordance with procedures established by the director of agriculture. Such registration shall be valid from the date it is issued through the last day of January of the following year; however registrations issued between the first day of January through the thirtieth day of January of a year expire on the thirty-first day of January of that year. An application for registration shall be accompanied by a registration fee of twenty-five dollars. However, if a person submits an application for registration within six months of the expiration date of the registration, the fee shall be one-half of the registration fee.

(2) The department shall renew a microenterprise home kitchen operation registration if the operation is in compliance with this section, submits a renewal application in accordance with procedures established by the director of agriculture, and pays a twenty-five-dollar renewal fee. A renewed registration shall be valid from the first day of February through the last day of January of the following year.

(C)(1) The director or the director's designee shall inspect the premises of every microenterprise home kitchen operation. Inspections shall be limited to the home kitchen in the home, locations of the home where homemade food items and ingredients are stored, and bathrooms in the home for the purpose of ensuring that there is a functioning hand washing sink and liquid soap.

(2) The director or the director's designee shall obtain a search warrant when required by law to enter a home if a microenterprise home kitchen operation does not consent to an inspection. A search warrant or administrative warrant is otherwise not required to conduct an inspection under this section.

(3) The director may charge a fee to a microenterprise home kitchen operation to cover the administrative costs of conducting inspections that shall not exceed fifty dollars annually.

(4) The department shall publish its inspection standards on its web site.

(D) A microenterprise home kitchen operation shall do all of the following:

(1) Allow the department to conduct home kitchen inspections in accordance with division (C) of this section;

(2) Produce all homemade food items in the inspected kitchen;

(3) Label the homemade food items in accordance with section 3715.023 of the Revised Code;

(4) Operate the home kitchen and premises in which the home kitchen is located in accordance with the requirements described in division (E) of this section;

(5) Sell and deliver homemade food items in accordance with the requirements in division (F) of this section.

(E) Except as specified in division (D)(3) of this section, a microenterprise home kitchen operation shall not operate unless the operation is in compliance with those food safety standards set forth in the Ohio uniform food safety code that could reasonably apply to a microenterprise home kitchen operation. The director or the director's designee shall publish on its web site the food safety standards that apply to microenterprise home kitchen operations. The director or the director's designee shall not require a microenterprise home kitchen operation to do any of the following:

(1) Use commercial kitchen equipment or other specialized kitchen equipment such as a three-compartment sink;

(2) Alter the structure or design of the home kitchen;

(3) Install or modify venting in the home kitchen;

(4) Require a certain countertop be used in a home kitchen;

(5) Prevent the presence of pets from parts of the home where food is not being stored or prepared, including the kitchen when homemade food items to be sold are not being prepared.

(F) A microenterprise home kitchen operation shall comply with all of the following sale and delivery requirements:

(1) A homemade food item that is not a dairy product or does not contain meat, poultry, or seafood may be sold by the microenterprise home kitchen operation to the consumer in person or remotely, including by telephone or internet, or by an agent of the microenterprise home kitchen operation or a third-party vendor, such as a retail shop or grocery store, and may be delivered by the microenterprise home kitchen operation or third-party carrier, such as the United States postal service.

(2) Homemade food items that are dairy products or contain meat, poultry, or seafood shall be sold by the microenterprise home kitchen operation to the consumer, either in person or remotely, including by telephone or internet, or by an agent of the microenterprise home kitchen operation or a third-party vendor, but shall be delivered by the microenterprise home kitchen operation to the consumer in person.

(3) If a potentially hazardous food item is transported before final delivery to the consumer, the food shall be maintained at an appropriate temperature during transport, shall not be transported more than once, and shall not be transported for longer than two hours.

(4) Before selling any food under this section, a microenterprise home kitchen operation shall complete food safety training approved by the director or the director's designee. The director or the director's designee shall ensure that low-cost and online options for training are available for microenterprise home kitchen operations.

(G) A microenterprise home kitchen operation's gross receipts for sales of potentially hazardous homemade food items under the registration shall not exceed one hundred fifty thousand dollars per calendar year. This section shall not be construed to interfere with a microenterprise home kitchen operation's ability to also sell food as a cottage food operation or a licensed home bakery.

(H) The director or the director's designee may issue a fine not to exceed seventy-five dollars to a microenterprise home kitchen operation that is found to be in violation of any of the requirements of this section. The director or the director's designee shall first issue a warning and give the microenterprise home kitchen operation the opportunity to correct a violation before issuing a fine.

(I)(1) The director or the director's designee may issue an order suspending or revoking a microenterprise home kitchen operation registration for a violation of this section. Except as provided in division (I)(2) of this section, a registration shall not be suspended or revoked until the registration holder is provided a warning and has had an opportunity to correct the violation. The microenterprise home kitchen operation may appeal the suspension or revocation in accordance with Chapter 119. of the Revised Code.

(2) If the director or the director's designee determines that a microenterprise home kitchen operation presents an immediate danger to the public health, the director may issue an order immediately suspending the operation's registration without affording the registration holder a warning or an opportunity for a hearing. The director then shall afford the registration holder an opportunity for a hearing for registration reinstatement in accordance with Chapter 119. of the Revised Code not later than ten days after the date of suspension.

(J) This section does not prohibit a person from operating as an exempt cottage food operation if the person only sells and delivers food permitted under this chapter for a cottage food operation.

(K) This section does not prohibit a local government from enforcing a generally applicable zoning law.

Sec. 3715.21. (A) As used in this section, "meat" means game animals, migratory waterfowl, and game birds.

(B) A food service operation or retail food establishment shall not custom process meat unless such processing is done at the end of the work shift or day to prevent any cross contamination of product for sale or service.

(C) Prior to entry into the food service operation or retail food establishment, a food service operation or retail food establishment shall ensure that, with respect to custom process meat, any animal carcass is skinned, beheaded, eviscerated, and free of hair, and any bird carcass is eviscerated and free of feathers.

(D) If the hide and head of a custom meat product is to be retained for the owner, the food service operation or retail food establishment shall package and segregate the product from all food.

(E) A food service operation or retail food establishment that custom processes any meat product shall ensure that the product is wrapped or containerized and stored segregated from all retail products so as to prevent contamination.

(F) Immediately after custom meat processing, a food service operation or retail food establishment shall ensure that all knives, tables, hooks, grinders, tenderizers, lugs, inedible barrels, saws, or any other equipment soiled during custom meat processing are thoroughly cleaned as specified in divisions (F) to (I) of rule 3717-1-04.5 of the Administrative Code, rinsed as specified in division (J) of rule 3717-1-04.5 of the Administrative Code, and sanitized as specified in rule 3717-1-04.6 of the Administrative Code.

(G) When a department of natural resources inspection tag is required for an animal subject to custom meat processing, a food service operation or retail food establishment shall ensure that the tag or tag number remains with the animal throughout the custom process period and returned with the meat product to the owner.

(H) A food service operation or retail food establishment shall identify all products for custom meat processing in the facility as not for sale.

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

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

(2) An entity exempt under divisions (B)(1) to (9), (11) to (13), or (15) of section 3717.42 of the Revised Code from the requirement to be licensed as a food service operation and an entity exempt under division (B)(10) of that section if the entity is regulated by the department of agriculture as a food processing establishment under section 3715.021 of the Revised Code;

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

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

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

(2) A person at a farmers market that offers for sale only one or more of the following:

(a) Fresh unprocessed fruits or vegetables;

(b) Products of a cottage food production operation or microenterprise home kitchen operation;

(c) Tree syrup, sorghum, honey, apple syrup, or apple butter that is produced by a tree syrup or sorghum producer, beekeeper, or apple syrup or apple butter processor described in division (A) of section 3715.021 of the Revised Code;

(d) Wine as authorized under section 4303.2010 of the Revised Code;

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

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

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

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

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

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

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

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

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

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

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

(b) Fresh unprocessed fruits or vegetables;

(d) Tree syrup, sorghum, honey, apple syrup, or apple butter that is produced by a tree syrup or sorghum producer, beekeeper, or apple syrup or apple butter processor described in division (A) of section 3715.021 of the Revised Code.

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

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

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

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

(a) Fresh unprocessed fruits or vegetables;

(b) Products of a cottage food production operation or microenterprise home kitchen operation;

(c) Tree syrup, sorghum, honey, apple syrup, or apple butter if produced by a tree syrup or sorghum processor, beekeeper, or apple syrup or apple butter processor as described in division (A) of section 3715.021 of the Revised Code;

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

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

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

(a) Fresh unprocessed fruits or vegetables;

(b) Products of a cottage food production operation or microenterprise home kitchen operation;

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

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

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

(17)(a) An establishment to which all of the following apply:

(i) The establishment has been issued an A-2 permit under section 4303.03 of the Revised Code or an A-2f permit under section 4303.031 of the Revised Code, annually produces ten thousand gallons or less of wine, and sells that wine in accordance with Chapter 4303. of the Revised Code on the premises of the establishment.

(ii) The establishment serves unopened commercially prepackaged food, other than wine.

(iii) The amount of the establishment's commercially prepackaged food sales, other than wine sales, for the previous calendar year did not exceed five per cent of the establishment's total gross receipts.

(b) The owner or operator of the establishment shall notify the director that it is exempt from licensure because it qualifies under division (B)(17)(a) of this section. The owner or operator also shall display a notice in a place conspicuous to all of its guests informing them that the establishment is not required to be licensed as a retail food establishment.

(18) A microenterprise home kitchen operation that sells and delivers food in accordance with section 3715.026 of the Revised Code.

Section 2. That existing sections 3715.01, 3715.021, 3715.022, 3715.023, and 3717.22 of the Revised Code are hereby repealed.