Ohio Admin. Code 901:11-1-04 - License; registration; license or registration fees; milk inspection fees
(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)
Nonstandardized
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
twelve-month period;
(2) Immediately suspended for a minimum of
four days on the second occurrence in a twelve
month
twelve-month period; and,
(3) Immediately suspended for a minimum of
four days on the third and subsequent occurrences in a
twelve month
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.
Notes
Promulgated Under: 119.03
Statutory Authority: 917.02
Rule Amplifies: 917.09
Prior Effective Dates: 12/01/1995, 04/26/2005, 05/15/2007, 10/02/2011, 10/21/2016
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