Section 3717-1-03.5 - Food: food identity, presentation, and on premises labeling[Comment: For publication dates of the C.F.R. referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the Administrative Code.]
(A) Standards of identity. Packaged food is to comply with standard of identity requirements in 21 C.F.R. 131-169 and 9 C.F.R. 319, and the general requirements in 21 C.F.R. 130 and 9 C.F.R. 319 Subpart A.
(B) Honestly presented. (1) Food will only be offered for human consumption in a way that does not mislead or misinform the consumer.(2) Food or color additives, colored overwraps, or lights cannot be used to misrepresent the true appearance, color, or quality of a food.(3) The sale of kosher foods are to be in accordance with section 1329.29 of the Revised Code.(C) Food labels. (1) Foods packaged in a food service operation or retail food establishment, are to be labeled as specified in 21 C.F.R. 101 and 9 C.F.R. 317.(2) Label information is to include:(a) The common name of the food, or absent a common name, an adequately descriptive identity statement;(b) If made from two or more ingredients, a list of ingredients and sub-ingredients in descending order of predominance by weight, including a declaration of artificial colors, artificial flavors and chemical preservatives, if contained in the food;(c) An accurate declaration of the net quantity of contents;(d) The name and place of business of the manufacturer, packer, or distributor; and(e) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient.(f) Except as exempted in the Federal Food, Drug, and Cosmetic Act Section 403(q)(3)-(5)(as amended on March 23, 2010), nutrition labeling as specified in 21 C.F.R. 101 and 9 C.F.R. 317 Subpart B.(g) For any salmonid fish containing canthaxanthin or astaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin.(3) Bulk food that is available for consumer self-dispensing is to be prominently labeled with the following information in plain view of the consumer:(a) The manufacturer's or processor's label that was provided with the food; or(b) A card, sign, or other method of notification that includes the information specified under paragraphs (C)(2)(a), (C)(2)(b), (C)(2)(e), and (C)(2)(f) of this rule.(4) Bulk, unpackaged foods that are portioned to consumer specification need not be labeled if:(a) A health, nutrient content, or other claim is not made; and(b) The food is manufactured or prepared on the premises of the food service operation or retail food establishment, at another food service operation or retail food establishment, or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.(D) Other forms of information. (1) Consumer warnings are to be provided as specified in this chapter.(2) Except as permitted in paragraphs (D)(3) to (D)(5) of this rule, a food service operation, retail food establishment or manufacturers' dating information on foods cannot be concealed or altered.(3) A retail food establishment is permitted to repackage and revise the dating of fresh meat after determining that the meat shows no indications of compromised quality.(4) A retail food establishment that receives packaged fresh meat from other companies is permitted to repackage the meat under their own label.(5) The label of meat or product packaged under federal or state meat inspection cannot be modified without removing the federal or state legend.(6) The license holder will notify consumers by written notification of the presence of major food allergens as an ingredient in unpackaged food items that are served or sold to the consumer.(E) Consumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate pathogens - consumer advisory.(1) Except as specified in paragraphs (A)(2) and (A)(3)(c) of rule 3717-1-03.3 of the Administrative Code, and under paragraph (C) of rule 3717-1-03.7 of the Administrative Code, if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the license holder is obligated to inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in paragraphs (E)(2) and (E)(3) of this rule, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.(2) Disclosure is to include: (a) A description of the animal-derived foods, such as "oysters on the half shell (raw oysters)," "raw-egg Caesar salad," and "hamburgers (can be cooked to order)"; or(b) Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients.(3) Reminder is to include asterisking the animal-derived foods subject to disclosure with a footnote that states: (a) " Regarding the safety of these items, written information is available upon request";(b) " Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness"; or(c) " Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions."Ohio Admin. Code 3717-1-03.5
Effective: 9/5/2024
Five Year Review (FYR) Dates: 6/21/2024 and 08/26/2029
Promulgated Under: 119.03
Statutory Authority: 3717.04, 3717.05
Rule Amplifies: 3717.04, 3717.05
Prior Effective Dates: 03/01/2001, 03/01/2005, 03/01/2009, 01/01/2013, 03/01/2016, 03/01/2019