(A) No person
located in Ohio shall act as or hold the person's self out as a weigher,
sampler, or tester; or milk hauler unless the person holds a valid license or
registration issued by the director under section
917.09 of the Revised Code and
this rule or resides out-of-state and is licensed by an out-of-state
governmental agency.
(B) The
following categories for each license or registration type are as follows:
(1) Weigher, sampler, or tester:
(a) In plant weigher;
(b) In plant sampler;
(c) In plant Babcock
tester;
(d) In plant Roese Gottlieb
tester;
(e) In plant infrared
tester;
(f) In plant turbidimetric
tester;
(g)(c) Bulk tank weigher,
sampler
; or
.
(h) Can milk
sampler;
(2) Milk hauler;
(a)
Grade A
bulk
Bulk milk hauler;
(b) Manufacture bulk milk
hauler;
(c)(b)
Grade A can
Can milk hauler
;
or
.
(d) Manufacture can
milk.
(C) An application shall be submitted for
each license type. 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 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.
(D) Prior to issuance of
a weigher, sampler, or tester license, an applicant shall pass an examination
that is given in accordance with section
917.08 of the Revised Code and
"Appendix B of the Pasturized Milk Ordinance"
(2019)
this rule. The exam shall be composed of
a minimum of twenty total questions in the following areas: sanitation and
personal cleanliness; sampling and weighing procedures; milk or cream testing
procedures; proper use, care and cleaning of equipment; and record keeping.
Questions shall be generated from rules
901:11-4-01 to
901:11-4-13 of the
Administrative Code: "Standard Methods for the Examination of Dairy Products",
17th edition 2004, edited by H. Michael Wehr, PhD and Joseph F. Frank, PhD,
American public health association, 800 I Street, NW, Washington DC 2001; and
the "Ohio Bulk Milk Haulers Manual", copyright 2001, Ohio state university
extension. A license will not be issued until a score of seventy per cent or
greater is achieved.
(E)
Under the authority of sections
917.09 and
917.091 of the Revised Code the
director may issue a temporary weigher, sampler, or tester license or
registration to an applicant upon determination that the applicant has met all
qualifications for licensure except successful completion of an examination. A
temporary weigher, sampler or tester license shall remain in effect for ninety
days or the date of the next examination, which ever comes first.
(F) The director shall inspect each
milk hauler's conveyance(s) prior to issuance of a milk hauler license. To
determine compliance with rules
901:11-4-01 to
901:11-4-13 of the
Administrative Code.
(G)(F) A person when
licensed or registered as a milk hauler shall provide the director with a list
adequately identifying all owned or leased bulk milk transport tanks or
conveyances used to transport raw milk. Thereafter, the milk hauler shall
provide the director with any additions, or deletions to such lists annually.
The director shall assign an identification number for each bulk milk transport
tank or conveyance. The milk hauler shall affix the assigned identification to
the tank or conveyance in a manner prescribed by the director.
(H)(G)
Licenses or registrations are not transferable with respect to persons or
locations.
(I)(H) Licenses or
registrations may be cancelled by the director, at no cost to the licensee or
registrant, if the licensee or registrant:
(1)
Makes such a request of the director;
(2) Transfers the licensed or registered
activity to another person;
(3)
Does not perform the licensed category activity or registered activity for six
months; or
(4) Expired.
(J)(I) Milk haulers
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.
(K)(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
917.24 of the Revised Code or
rules adopted under 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
given and a hearing afforded before the director.