Chapter 901:3-1 | Food Processing Manufacturing Practices, Standards of Identity, and Labeling Requirements

Rule 901:3-1-11 | Food labeling.

• Effective: February 12, 2024
• Promulgated Under: 119.03

(A) All food processing establishments shall utilize and apply the generally recognized federal standards for food labeling in 21 C.F.R. Part 101 (2023). Cottage food production operations and exempt processors as described in division (A) of section 3715.021 of the Revised Code shall comply with the requirements in section 3715.023 of the Revised Code and utilize and apply 21 C.F.R. part 101 (2023) when nutritional labeling is required.

(B) An exempt processor of tree syrup or sorghum, or a beekeeper who jars honey as described in division (A) of section 3715.021 of the Revised Code that produces, processes, or manufactures maple syrup, honey, or sorghum and is in compliance with Chapter 901:3-46 of the Administrative Code may place the director's seal of conformity and inspection on their container.

Last updated February 12, 2024 at 10:45 AM

Supplemental Information

Authorized By: 3715.02, 3715.69
Amplifies: 3715.60
Five Year Review Date: 2/12/2029
Prior Effective Dates: 12/23/1966

Rule 901:3-1-12 | Standards of identity.

• Effective: February 12, 2024
• Promulgated Under: 119.03

Foods processed in a food processing establishment shall meet the generally recognized federal standards of identity specified in 21 C.F.R. Parts 100 through 169 (2023) as follows:

(A) 21 C.F.R. Part 100.155, salt and iodized salt;

(B) 21 C.F.R. Part 102, common or usual name for non-standardized foods;

(C) 21 C.F.R. Part 131, milk and cream;

(D) 21 C.F.R. Part 133, cheeses and related cheese products;

(E) 21 C.F.R. Part 135, frozen desserts;

(F) 21 C.F.R. Part 136, bakery products;

(G) 21 C.F.R. Part 137, cereal flours and related products;

(H) 21 C.F.R. Part 139, macaroni and noodle products;

(I) 21 C.F.R. Part 145, canned fruits;

(J) 21 C.F.R. Part 146, canned fruit juices;

(K) 21 C.F.R. Part 150, fruit butters, jellies, preserves, and related products;

(L) 21 C.F.R. Part 152, fruit pies;

(M) 21 C.F.R. Part 155, canned vegetables;

(N) 21 C.F.R. Part 156, vegetable juices;

(O) 21 C.F.R. Part 158, frozen vegetables;

(P) 21 C.F.R. Part 160, eggs and egg products;

(Q) 21 C.F.R. Part 161, fish and shellfish;

(R) 21 C.F.R. Part 163, cacao products;

(S) 21 C.F.R. Part 164, tree nut and peanut products;

(T) 21 C.F.R. Part 165, beverages;

(U) 21 C.F.R. Part 166, margarine;

(V) 21 C.F.R. Part 168, sweeteners and table sirups; and

(W) 21 C.F.R. Part 169, food dressings and flavorings;

Last updated February 12, 2024 at 10:45 AM

Supplemental Information

Authorized By: 3715.02, 3715.69
Amplifies: 3715.60
Five Year Review Date: 2/12/2029
Prior Effective Dates: 8/22/2013

Rule 901:3-1-13 | Food coloring.

• Effective: September 29, 2017
• Promulgated Under: 119.03

All food products shall conform to the following requirements regarding the use of color additives:

(A) 21 C.F.R. Part 73 (2016)

(B) 21 C.F.R. Part 74 (2016)

(C) 21 C.F.R. Part 81 (2016)

(D) 21 C.F.R. Part 82 (2016)

Supplemental Information

Authorized By: 3715.02, 3715.021
Amplifies: 3715.59, 3715.60
Five Year Review Date: 9/29/2017

Rule 901:3-1-14 | Food nutritional labeling.

• Effective: February 12, 2024
• Promulgated Under: 119.03

(A) All food service operations and retail food establishments, as defined in section 3717.01 of the Revised Code, shall comply with the nutritional labeling standards as outlined in 21 C.F.R. 101.11 and 21 C.F.R. 101.8 (2023), as applicable, except the rule does not apply to mobile or temporary food service operations and mobile or temporary retail food establishments.

(B) If the director or the director's designee finds that a person is operating a food service operation or retail food establishment in violation of the standards adopted in paragraph (A) of this rule, the director or the director's designee shall issue a letter of warning to the person giving the person thirty days to come into compliance. If the person fails to come into compliance within the thirty-day time period, the director may assess a civil penalty against the person. If the director assesses a civil penalty, the director shall do so as follows:

(1) If, within five years of the issuance of the letter of warning to the person, the director has not previously assessed a civil penalty against the person under this section, in an amount not exceeding five hundred dollars.

(2) If, within five years of the issuance of the letter of warning to the person, the director has previously assessed one civil penalty against the person under this section, in an amount not exceeding one thousand five hundred dollars.

(3) If, within five years of the issuance of the letter of warning to the person, the director has previously assessed two or more civil penalties against the person under this section, in an amount not exceeding five thousand dollars.

Last updated February 12, 2024 at 10:45 AM

Supplemental Information

Authorized By: 3717.53
Amplifies: 3717.53
Five Year Review Date: 2/12/2029

Rule 901:3-1-15 | Nutrition labeling of restaurant foods.

• Effective: February 12, 2024
• Promulgated Under: 119.03

Retail food establishments and food service operations as defined in section 3717.01 of the Revised Code shall comply with the nutrition labeling of restaurant foods as outlined in 21 C.F.R. 101.10 (2023), as applicable.

Last updated February 12, 2024 at 10:45 AM

Supplemental Information

Authorized By: 3717.53
Amplifies: 3717.53
Five Year Review Date: 2/12/2029