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Mid Ohio Valley Beekeepers' Association |
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New Label Laws
for Ohio The Ohio Legislation has passed new regulations
relative to label laws for honey. Most of us wont be affected because our
operations and the amount of honey we sell are small. However, larger operations
may be affected, and honey house inspections by ODA may be in order. In 1999, the Ohio General Assembly passed, and
Governor Taft signed, Sub. H.B. 223. which created Chapter 3717 of the Ohio
Revised code. Chapter 3717 is known as the Retail Food Establishment and Food
Service Operation law. This law created the Retail Food Safety Advisory Council.
One of the key duties of this council was to make recommendations for the Ohio
Uniform Food Safety Code. Through the recommendations of this council and
other public input. Chapter 3717 of the Ohio Administrative Code (actual
regulations known as the Ohio Uniform Food “Food processing establishment” does not include
a processor of maple syrup who boils sap when a minimum of 75 percent 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 75 percent of
the sorghum juice used to produce the sorghum is extracted directly from sorghum
plants by that processor: or a beekeeper who jars honey when a minimum of 75
percent of the honey is from that beekeeper’s own hives. 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 analysis in accordance with
section 3715.02 of the revised code. Section 3715.023(A) Except as
provided in division (A) of this section a maple syrup or sorghum processor and
beekeeper described in division (B) section 3715.02 1 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 processor 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 or net volume of the food product. (A) A maple syrup or sorghum processor and beekeeper described in division (A) of section 3715.021 of the Revised Code may request that the director conduct a voluntary inspection of the processor’s or beekeeper’s facilities. After the inspection is completed. if the inspector determines that the facilities comply with the rules adopted by the director pursuant to division (13) of this section, the processor or beekeeper may place upon the label required under section 3715.023 of the Revised Code a seal of conformity and inspection of the department of agriculture. A
maple
syrup and sorghum processor and beekeeper described in division (A) of
section 3715.021 of the Revised Code is exempt from the requirement to be
licensed as a retail food establishment, on the condition that the processor or
beekeeper offers only maple syrup, sorghum, or honey directly to the consumer
from the site where those products are processed. An establishment with commercially prepackaged foods that are not potentially hazardous and contained in displays, the total space of which equals less than 200 cubic feet. A person who offers for sale only 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: (c) Maple syrup, sorghum, or honey if produced by a
maple syrup or sorghum processor or beekeeper as described in division (A) of
section 3715.021 of the Revised Code. (d) Commercially prepackaged food that is not potentially hazardous food, on the condition that the
commercially prepackaged nonpotentially hazardous 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. Food
Labeling Requirements (A)
Complete
breakdown of the ingredients (with sub-ingredients) listed by common or usual
name in descending order of predominance by weight. (B)
An
ingredient which itself contains two or more ingredients shall be designated in
the statement of ingredients on the label of such food. By declaring the established common or usual name of the ingredient followed by a parenthetical listing of all ingredients contained therein in descending order of predominance. The label of a food in packaged form shall specify
conspicuously the name and place of business of the manufacturer, packer, or
distributor. Where
the food is not manufactured by the person whose name appears on the label, the
name shall be qualified by a phrase that reveals the connection such person
has with such food: e.g.. Amanufacturedfor@ADistributedby@ or any other wording
that expresses the facts. The statement of the place of business shall include
the street address, city, state and zip code: however. the street address may be
omitted if it is shown in a current telephone directory. A Telephone
Number is not required. It is their perrogative if they wish to
display a telephone number. Note: A telephone no., Email address, or web site
cannot he used in lieu of the statement of responsibility requirement. Declaration of
net quantity of contents — Reference: CFR 21, Part 101.
105
Dual
declaration — Reference: Fair Packaging and Labeling Act. Title 15
Net quantity of contents shall he separately and accurately stated in a uniform
location upon the principal display panel of the label, using the The quantity of contents shall be placed on the
principal display panel. It shall be within the bottom 30 percent of the area of
the label panel in lines that are generally parallel to the bottom of the
package as it is designed to he displayed. A declaration of net quantity of contents is
permitted to be blown, molded or embossed on a glass or plastic surface of the
container as long as all other required labeling information is available on the
principal display panel. Nutritional
Labeling — Exemptions — Reference: CFR 21, Part 101.
9 (j) A. Retail exemption: Food offered for sale by a retailer who has annual
gross sales of food to consumers of not more than $50,000: or has total annual
gross sales of food/non-food items to consumers of not more than $500,000 is
exempt from nutritional labeling provided no nutritional claims are made. SALES IN FOOD TOTAL SALES FOOD AND NON FOOD)
STATUS
$50,000 or less
$500,000 or less
Exempt $50,001 or more
$500,000 or less
Exempt $50,000 or less
$500,001or more
Exempt $50,001 or more
$500,001 or more`
Not Exempt Ready—to—eat
food products that are manufactured on site by the retailer and not sold outside
of that retail firm is exempt provided no nutritional claims are made. B. Manufacturer/Wholesaler
exemption: A firm with fewer than 100 full time employees (FTE’s)and
less than 100,000 units sold in the previous year is exempt from
nutritional labeling provided
no nutritional claims are made. An establishment that wholesales product
must submit annual notification to FDA to maintain existing exemption. NOTE: a
firm with less than 10 employees and less than 10,000 units sold does not have
to apply to FDA for an exemption. UPC Code: ODA
does not regulate the UPC code.
The following address and number
is provided if you with further information: Uniform
Code Council 7051
Corporate Way Dayton,
Ohio 44459 937.435.3870 or 800.543.8137 The ODA Division of Food Safety should be notified
when labeling violations arc identified on food products that were not packaged
at the retail level: and food products packaged at retail for distribution. Labels may he submitted to the Ohio Department of
Agriculture for review and approval to the: Ohio Department of Agriculture
Division of Food Safety 8995 E.
Main Street, Reynoldsburg, Ohio 43068: Email: foodsafety @odant.agni.state.oh.us Where to get information about the current Ohio
Uniform Food Safety Code and other Ohio Food Safety Regulations Direct agricultural marketers and farmers who are
licensable through the Ohio Uniform Food Safety Code will need to work with
local health department officials. Initial communication should always be
directed to the local health department. As with any new program there will be
problems that arise and need to be resolved. Consumers, academia, industry,
local health department personnel, etc. are encouraged to contact the Ohio
Department of Agriculture. Division of Food Safety with questions related to
this new program that are not resolved locally. Anyone exempt from provisions
of. or not covered by the Ohio Uniform Food Safety Code should contact the Ohio
Department of Agriculture directly for assistance with food safety regulations.
The following communication vehicles are available. Email: foodsafety@odant.agri.state.oh.us;
614.128.6250: 800.282.1955 and ask receptionist or follow instructions to connect to Food Safety; FAX 614.644.0720; Current laws and Ohio Uniform Food Safety Code Keeping Perspective... • It is important to remember that a number of problems being experienced are due to improper application of the existing Ohio Uniform Food Safety Code. Local health departments are still learning about the program and about the nature of the food industry that has not been regulated through local health departments in the past. Ask the Ohio Department of Agriculture (see above) for help in situations that cannot be resolved locally. • Approximately
one-half of local health districts had local food establishment programs prior
to the new Ohio Uniform Food Safety Code. The fees were generally less and
inspection requirements may have been less stringent. • Exempting
entities from the Ohio Uniform Food Safety Code does open the door for local
health districts to establish local ordinances that could regulate where the
state code does not. Compiled by John Wargowsky, Director of Labor Services —
Ohio Farm Bureau Federation, P.O.
Box 479, Columbus, OH 43216,
614.677.4530, FAX 614.249.2200, jwargows@otbf.org and reviewed by the Ohio Department
of Agriculture, Division of Food Safety.
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