2006 Ohio Revised Code - 3717.02. Retail food safety advisory council created.

§ 3717.02. Retail food safety advisory council created.
 

(A)  There is hereby created the retail food safety advisory council. The council shall consist of the director of agriculture or a person the director designates to serve on the director's behalf, the director of health or a person the director designates to serve on the director's behalf, and twelve additional members appointed jointly by the director of agriculture and the director of health, as follows: 

(1) Three persons representing the interests of retail food establishments; 

(2) Three persons representing the interests of food service operations; 

(3) Four persons representing boards of health or the health departments operated by boards of health; 

(4) One person representing the academic community who is knowledgeable in food science or food technology; 

(5) One person representing the general public who is not employed by this state or any of its political subdivisions and has no pecuniary interest in a retail food establishment or food service operation. 

(B)  In making appointments to the council, the director of agriculture and director of health shall jointly consult with statewide trade and professional organizations that represent the interests of retail food establishments and food service operations. The organizations may nominate persons to be considered for appointment as council members. 

(C)  Of the initial appointments made to the council, five shall be for terms ending three years after appointment, four shall be for terms ending two years after appointment, and three shall be for terms ending one year after appointment. Thereafter, terms of office shall be three years. Each member shall hold office from the date of appointment until the end of the term for which the member was appointed. Members may be reappointed. 
 

Vacancies shall be filled in the manner provided for original appointments. A member appointed to fill a vacancy occurring before the expiration date of the term for which the member's predecessor was appointed shall hold office as a member for the remainder of that term. A member shall continue in office after the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first. 

(D)  A member may be removed from office for failing to attend two consecutive council meetings without showing good cause for the absences. Removal from office requires joint action by the director of agriculture and director of health. 

(E)  The director of agriculture or the person the director designates to serve on the director's behalf, and the director of health or the person the director designates to serve on the director's behalf, shall serve as the council's co-chairpersons without voting rights. A two-thirds majority vote of the council's voting members is necessary for the council to act on any matter. 

(F)  Members shall be reimbursed for actual and necessary expenses incurred in performing duties as members. The expenses shall be shared equally by the department of agriculture and the department of health. Both departments shall provide administrative support to the council. 

(G)  The retail food safety advisory council is not subject to sections 101.82 to 101.87 of the Revised Code. 
 

HISTORY: 148 v H 223 (Eff 11-3-99); 148 v H 548. Eff 3-22-2001./D
 

Å The effective date of section 1 of HB 548 (148 v  - ) differs from the effective date set for the section by section 12 of the act. See the provisions of OConst art II, §§ 1c and 1d. 
 

Not analogous to former RC § 3717.02 (GC § 12716-1; 109 v 359; Bureau of Code Revision, 10-1-53; 132 v H 994; 145 v S 134), repealed 147 v S 87, § 2, eff 10-21-97. See now RC § 917.01 et seq.

The provisions of § 12 of HB 548 (148 v  - ) read as follows: 

SECTION 12. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of this act shall take effect on January 1, 2001. 

The provisions of § 7 of HB 223 (148 v  - ) read as follows: 

SECTION 7. (A) The Retail Food Safety Advisory Council, created by section 3717.02 of the Revised Code, shall conduct a five-year study for the following purposes: 

(1) To determine whether the recommendations of the food safety council created by Am. Sub. H.B. 113 of the 122nd General Assembly have been implemented and, if implemented, the effects of the implementation; 

(2) To evaluate the level of food safety awareness of consumers and their confidence in the state's food supply. 

(B) On or before June 1, 2006, the Council shall complete its study and issue a report of its findings and recommendations. The report shall be submitted to the Speaker of the House of Representatives, Minority Leader of the House of Representatives, President of the Senate, and Minority Leader of the Senate.