Oakwood Board of Health

Resolution

NO. 25-5

Authorizing the Health Commissioner and Registered Environmental Health Specialists and Environmental Health Specialists in Training to Issue Cease Use of Articles in Retail Food Establishments (RFE), Pursuant to Ohio Administrative Code Chapter 901:3-4

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 901:3-4-12 and 3701-21-27 provide that any articles such as a utensil, material, or piece of equipment may be removed from use in a retail food establishment by the licensor if it presents a public health hazard, and tag such article and prohibit its use by the license holder; and

WHEREAS Ohio Administrative Code Sections 901:3-4-12 and 3701-21-27 direct the licensor to identify on a tag removing an article from use the reason for the article’s removal from use, and provisions for returning the article to use, or the disposition of the article if the article cannot be satisfactorily reconditioned; and

WHEREAS Ohio Administrative Code Sections 901:3-4-12 and 3701-21-27 further provide that any action that may be taken by the licensor under 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;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO, BOARD OF HEALTH THAT:

Section I.

The foregoing recitals are hereby incorporated by this reference.

Section II.

The Oakwood Board of Health hereby authorizes and directs the Health Commissioner, as well as such Registered Environmental Health Specialists and Environmental Health Specialists in Training as may be contracted by the Oakwood Board of Health, to take the above actions to protect the public health.

Section III.

These requirements shall become effective on the earliest date allowed by law.