(A) No person located in Ohio shall act as or hold the
person's self out as a producer; processor; milk dealer; or raw milk
retailer; unless the person holds a valid license or registration issued by the
director under section 917.09 of the Revised Code and this rule.
(B) A person whose religion prohibits the person from obtaining a
license under this rule, in place of a license, shall register with the
director as a producer; processor; milk dealer; raw milk retailer; milk hauler;
or weigher, sampler, or tester. The registrant shall submit a religious
exemption certificate with the application for each desired registration type.
A registrant is subject to all provisions governing licensees such as
provisions concerning testing, sampling and inspection of dairy products. A
registrant is subject to provisions governing issuance of a temporary weigher,
sampler, or tester license. A registration shall be suspended, revoked and
canceled under the same terms as a license.
(C) The director shall issue a license or registration for each
application upon a determination that the applicant is in compliance with
sections 917.01 to 917.23 of the Revised Code and rules adopted thereunder of
the Administrative Code.
(D) The director has determined the following categories for each
license or registration type to be as follows:
(1) Producer
(a) Grade A bulk milk producer (milking cows)
(b) Grade A can milk producer (milking cows)
(c) Grade A bulk milk producer (milking goats)
(d) Grade A can milk producer (milking goats)
(e) Grade A bulk milk producer (milking sheep)
(f) Grade A can milk producer (milking sheep)
(g) Manufacture bulk milk producer (milking cows)
(h) Manufacture can milk producer (milking cows)
(i) Manufacture bulk milk producer (milking goats)
(j) Manufacture can milk producer (milking goats)
(k) Manufacture bulk milk producer (milking sheep)
(l) Manufacture can milk producer (milking sheep)
(m) Grade A bulk milk producer (other hooved
animals)
(n) Grade A can milk producer (other hooved animals)
(o) Manufacture bulk milk producer (other hooved
animals)
(p) Manufacture can milk producer (other hooved
animals)
(2) Processor
(a) Grade A fluid milk processor
(b) Grade A cultured milk processor
(c) Grade A milk receiving station
(d) Grade A milk transfer station
(e) Grade A condensed milk products processor
(f) Grade A dry milk products processor
(g) Manufacture milk receiving station
(h) Manufacture milk transfer station
(i) Butter manufacturer
(j) Frozen desserts manufacturer
(k) Natural cheese manufacturer
(l) Processed cheese manufacturer
(m) Cottage cheese manufacturer
(n) Condensed milk products manufacturer
(o) Dry milk products manufacturer
(p) Dairy product blender
(q) Non-standardized dairy product manufacturer
(r) Milk transport cleaning facility
(3) Milk dealer
(4) Raw milk retailer
(E) An application shall be submitted for each license type as
follows: milk producer; milk processor; milk dealer; and raw milk retailer. A
license fee of fifteen dollars shall accompany each license or registration
application. After the initial issuance of a license or registration, an
application and license fee as set forth in this paragraph shall be submitted
when an additional category within the license type is desired. A license or
registration shall remain valid unless suspended, revoked or
canceled.
(F) An application for a milk dealer license or registration
shall be accompanied by evidence of financial responsibility. Upon filing
thereof and payment of the prescribed license fee, the director shall issue to
the applicant a license or registration.
(G) Licenses or registrations are not transferable with respect
to persons or locations.
(H) Licenses or registrations may be canceled by the director if
the licensee or registrant:
(1) Makes such a request of the
director;
(2) Transfers the licensed or registered
activity to another location;
(3) Transfers the licensed or registered
activity to another person;
(4) Does not perform the licensed
category activity or registered category activity for six months;
or,
(5) Expired.
Cancellation of license, registration or
category thereunder shall be at no cost to the licensee or registrant.
(I) Milk producers, and milk processors located in Ohio shall pay
the milk inspection fees prescribed by the milk sanitation board in accordance
with section 917.031 of the Revised Code, in addition to the license or
registration fee prescribed by section 917.09 of the Revised Code and this
rule. Inspection fees shall be paid to the treasurer, state of Ohio, within
fifteen days after the receipt of the invoice. Failure to pay inspection fees
shall be cause for license or registration revocation.
(J) Any license or registration issued under this rule may be
denied, suspended, or revoked by the director for violation of sections 917.01
to 917.23 of the Revised Code or rules adopted thereunder of the Administrative
Code. Except as provided by section 917.22 of the Revised Code and by this
rule, the denial, suspension, or revocation of a license or registration is not
effective until notice in writing of the violation has been delivered to the
licensee or registrant and a reasonable opportunity for the correction of the
violation has been given and a hearing afforded before the director. Upon
determination by the director that a dairy product exceeds bacterial or
chemical standards established by Chapter 917. of the Revised Code or rules of
the Administrative Code adopted thereunder, that a dairy product is adulterated
as described in section 3715.59 of the Revised Code, or that an emergency
exists that presents a clear and present danger to the public health, the
director, in addition to taking any other appropriate legal actions, may order
a denial, suspension, or revocation of any license or registration, effective
immediately without a hearing, provided that thereafter an opportunity for a
hearing shall be afforded without delay.
(K) All proceedings under sections 917.01 to 917.23 of the
Revised Code and this chapter are subject to Chapter 119. and section 917.22 of
the Revised Code.
(L) When the director determines that a grade A milk producer
sold or offered for sale raw milk containing drug residues in excess of levels
specified, the grade A milk producer license shall be:
(1) Immediately suspended for a minimum
of two days on the first occurrence in a twelve-month period;
(2) Immediately suspended for a minimum
of four days on the second occurrence in a twelve-month period;
and,
(3) Immediately suspended for a minimum
of four days on the third and subsequent occurrences in a twelve-month period,
and the director shall initiate administrative procedures to revoke the grade A
milk producer license.
(4) Whenever a grade A milk producer
license is suspended or revoked for drug residues found in raw milk, in no
event shall that grade A milk producer license be reinstated by the director
until:
(a) A sample taken from the grade A milk producer's milk is
no longer positive for drug residues;
(b) The grade A milk producer has on display in the milkhouse a
validation form signed by the grade A milk producer and a licensed veterinarian
stating that the "Milk and Dairy Beef Residue Prevention" manual has
been reviewed and a valid "Veterinarian Client/Patient Relationship"
(VCPR) exists; and,
(c) A copy of the validation form, signed by both the producer
and a licensed veterinarian, shall be provided to the director.
