Oakwood Board of Health

Authorizing the Health Commissioner, Registered Environmental Health Specialists, and Environmental Health Specialists in Training to Embargo Food in Retail Food Establishments (RFE) and Food Service Operations (FSO), Pursuant to Ohio Administrative Code Chapter 901:3-4 and Ohio Administrative Code Chapter 3701-21-27

WHEREAS the Oakwood Board of Health is approved under Section 3717.11 of the Revised Code to serve as licensor of retail food establishments and food service operations within its jurisdiction; and

WHEREAS the Board, as licensor, is authorized to inspect retail food establishments or food service operations to determine compliance with Chapter 3717 of the Revised Code and rules adopted under it or investigating a complaint regarding foodborne disease; and

WHEREAS Ohio Administrative Code Sections 901:3-4-15 provides in paragraphs (A) through (B) procedures the licensor shall take in both retail food establishments and food service operations to embargo and tag food such as infant formula, baby food or any food that may be adulterated, or so misbranded as to be dangerous or fraudulent, expired or unsafe; and

WHEREAS Ohio Administrative Code Sections 901:3-4-15(C) directs the licensor to petition the municipal or county court in whose jurisdiction the item is embargoed for an order of condemnation in paragraph, and further directs the licensor to remove the tag or other marking when the licensor has not found within ten days that an item embargoed is adulterated, misbranded, or expired; and

WHEREAS Ohio Administrative Code Sections 901:3-4-15(D) requires that if the court finds that an embargoed item is adulterated, misbranded, or expired, the item shall be destroyed, under the supervision of the licensor provided that when the adulteration or misbranding can be corrected by proper labeling or processing of the item, the item be delivered to the claimant for labeling or processing under the supervision of the licensor; and

WHEREAS Ohio Administrative Code Sections 901:3-4-15(E) and 3701-21-27 provides that whenever the licensor finds in any retail food establishment or food service operation, any meat, seafood, poultry, vegetable, fruit, or other perishable foods that are unsound, or contain any filthy, decomposed, or putrid substances, or that may be poisonous or deleterious to health or otherwise unsafe, the foods are declared to be a nuisance, and the licensor shall condemn or destroy the foods, or in any manner render the items unsalable as human food; and

WHEREAS Ohio Administrative Code Sections 901:3-4-15(F) and 3701-21-27 provides that any action that may be taken by the licensor under paragraphs (A) to (E) of this rule may be taken by a Health Commissioner or other person employed by the licensor if the Health Commissioner or other person is authorized by the licensor to take the action;