Retail food establishment license ohio

You may call and schedule a final inspection once all work is completed. Please use the final inspection checklist to ensure that you are ready for inspection. To obtain your food license, you will need to complete the license application and pay the related license fee. There are different categories of licenses with varying fees. Talk to your inspector to determine which category and fee will apply to you. In addition to the plan review, all requirements for the Level One Food Safety Training must be satisfied.

A person in charge PIC must be present during all hours of operation. The PIC must be knowledgeable about food safety, and be able to answer questions regarding the facility. The PIC must be able to demonstrate and explain foodborne disease transmission, such as distinguishing and describing the symptoms of the applicable communicable diseases. Other duties of the PIC include the application of a quality assurance QA plan which helps to identify the critical control points, recognize food allergens, and ensure that all employees are educated in food safety to prevent biological, physical, and chemical contaminants.

For more information, please visit their website. Purchasing an Existing Facility. After an existing facility is purchased, an inspector must perform a change of ownership inspection. A licensor may renew a license prior to the first day of March or the first day of operation in a new licensing period, but not before the first day of February immediately preceding the licensing period for which the license is being renewed.

If a person or government entity does not file a renewal application with the licensor postmarked on or before the first day of March or, in the case of a mobile or seasonal retail food establishment, the first day of operation in a new licensing period, the licensor shall assess a penalty if the licensor charges a license renewal fee.

The amount of the penalty shall be twenty-five per cent of the fee charged for renewing the license. If an applicant is subject to a penalty, the licensor shall not renew the license until the applicant pays the penalty. E 1 A licensor may issue not more than ten temporary retail food establishment licenses per licensing period to the same person or government entity to operate at different events within the licensor's jurisdiction.

For each particular event, a licensor may issue only one temporary retail food establishment license to the same person or government entity. F The licensor may place restrictions or conditions on a retail food establishment license, based on the equipment or facilities of the establishment, limiting the types of food that may be stored, processed, prepared, manufactured, or otherwise held or handled for retail sale.

Limitations pertaining to a mobile retail food establishment shall be posted on the back of the license. G The person or government entity holding a license for a retail food establishment shall display the license for that retail food establishment at all times at the licensed location. H With the assistance of the department of agriculture, the licensor, to the extent practicable, shall computerize the process for licensing retail food establishments.

Revised Code Keywords. These fees shall be used solely for paying the expense of the administration and enforcement of Chapter E For each retail food establishment license issued the following applicable amount shall be collected and transmitted by the licensor to the director of agriculture for deposit in the food safety fund created in section F The operator of a retail food establishment that also plans to cater shall apply for a catering food service operation endorsement to their retail food establishment license.

A retail food establishment license with such an endorsement shall be recognized by all other licensors in this state. The operator of such an establishment shall maintain a copy of the license at each catered event. G A license holder shall display the license for that retail food establishment at all times at the licensed location.

A The license fees established by a licensor pursuant to section Effective January 1, , the license fee for micro markets shall be determined according to paragraph A 1 of this rule.

B The licensor may establish a different fee for retail food establishments it classifies as:. A A cost analysis shall be conducted each fiscal year. The licensor shall use data from the previous fiscal year to calculate the actual cost of administering and enforcing Chapter The licensor shall calculate the actual cost of administration and enforcement attributable to each of the following components on forms prescribed or approved by the director:.

B Except as specified in paragraph D of this rule, the licensor shall calculate the cost attributable to each component listed in paragraph A of this rule for administering and enforcing Chapter Cost shall not exceed all reasonable and necessary direct cost and indirect cost determined in accordance with the applicable principles and standards established by office of management and budget circular A, revised, as set forth in 2 CFR August 31, For the purposes of this rule indirect cost means support cost which includes support staff cost plus overhead cost.

The licensor shall use a form prescribed or approved by the director of agriculture and the director of health that includes the following data:. C The licensor shall calculate the license fee for each retail food establishment category listed in rule of the Administrative Code as follows:.

If a licensor elects to establish a noncommercial fee for temporary food service operations and temporary retail food establishments, the category cost is divided by the number of licenses issued for commercial temporary food service operations and commercial temporary retail food establishments plus fifty per cent of the number of licenses issued for noncommercial temporary food service operations and noncommercial temporary retail food establishments; or.

If a licensor elects to establish a noncommercial fee for temporary food service operations and temporary retail food establishments, the category cost is divided by the number of days for which commercial licenses were issued plus fifty per cent of the number of days for which temporary licenses were issued for noncommercial temporary food service operations and noncommercial temporary retail food establishments.

Equally allocate support costs attributable to the risk level food service operations and retail food establishments component by dividing the support costs of the risk level food service operations and retail food establishments component by the total number of commercial risk level I, risk level II, risk level III, and risk level IV food service operations and retail food establishments plus fifty per cent of the noncommercial operations classified by risk level;. If the licensor elects to establish noncommercial categories for risk level food service operations and risk level retail food establishments the total number of food service operations and retail food establishments in each risk level category is the number of commercial risk level food service operations and commercial risk level retail food establishments plus fifty per cent of the number of noncommercial risk level food service operations and noncommercial risk level retail food establishments.

The number of standard inspection periods is the minimum number of inspections required for each risk level category multiplied by the inspection time factor, the product of which is multiplied by the total number of food service operations and retail food establishments in each risk level category. The inspection time factor is the ratio of the average amount of time per inspection for all risk levels relative to the average time per inspection for the risk level I less than twenty-five thousand square feet operations.

The inspection time factor for E The licensor shall provide a proportional reduction in the fees to be charged in the next license period if a licensor included anticipated costs in the calculation of licensing fees and the total amount of anticipated costs was not incurred. F The licensor shall provide for a proportionate reduction in fees to be charged in the next license period if it is discovered through an audit by the auditor of state or any other means that the licensor has charged or is charging a license fee that exceeds the amount that should have been charged.

G The licensor shall reduce the fees to be charged in the next license period when a reduction is imposed as a penalty under division C of section The licensor shall determine the risk level based on the highest risk level activity of the retail food establishment in accordance with the following criteria:.

A Risk level I poses potential risk to the public in terms of sanitation, food labeling, sources of food, storage practices, or expiration dates. Examples of risk level I activities include, but are not limited to, an operation that offers for sale or sells:.

A "food delivery operation" as defined in division H of section A "micro market" as defined in paragraph B of rule of the Administrative Code shall be classified as a risk level I. B Risk level II poses a higher potential risk to the public than risk level I because of hand contact or employee health concerns but minimal possibility of pathogenic growth exists. Examples of risk level II activities include, but are not limited to:.

C Risk level III poses a higher potential risk to the public than risk level II because of the following concerns: proper cooking temperatures, proper cooling procedures, proper holding temperatures, contamination issues or improper heat treatment in association with longer holding times before consumption, or processing a raw food product requiring bacterial load reduction procedures in order to sell it as ready-to-eat.

Examples of risk level III activities include, but are not limited to:. Examples of risk level IV activities include, but are not limited to:. A Risk level I: at least one standard inspection each licensing period. B Risk level II: at least one standard inspection each licensing period. C Risk level III: at least two standard inspections each licensing period.

D Risk level IV: at least two standard inspections and if applicable two process review inspections, and if applicable two variance reviews each licensing period. The licensor may conduct the process review inspections on the same visits as the standard inspections and when applicable verify the terms of any variance that may have been issued. E Temporary retail food establishments: at least one inspection during the period of operation.

F New retail food establishments: if less than six months remain in a licensing period, the licensor may elect to eliminate one standard inspection, one process review inspection and one variance review for an establishment classified as risk level III or IV.

For the purpose of this rule, new retail food establishment means a retail food establishment that, in accordance with rule of the Administrative Code, the licensor requires a facility layout and equipment specifications review be submitted for approval.

G Mobile retail food establishments: at least one standard inspection each licensing period. No person, firm, association, organization, corporation, or government operation shall construct, install, provide, equip, or extensively alter a retail food establishment until the facility layout and equipment specifications therefore have been submitted to and approved in writing by the licensor.

When the facility layout and equipment specifications are submitted to the licensor, they shall be acted upon within thirty calendar days after date of receipt. The facility layout and equipment specifications shall be approved by the licensor in accordance with the rules adopted pursuant to section A This rule prescribes procedures for appealing the proposed denial, suspension or revocation of a retail food establishment license and appealing the suspension of a license for a violation presenting a clear and present danger to the public health.

An appeal of a proposed denial, suspension or revocation of an endorsement on a retail food establishment license and appeal of the suspension of an endorsement on a license for a violation presenting a clear and present danger to the public health shall be conducted in the same manner.

B In the case of a proposal to deny, suspend, or revoke a retail food establishment license, the licensor shall provide the license holder with written notice of the proposed action and the cause for the action.

The notice shall describe the procedure for appealing the proposed denial, suspension, or revocation. If the notice is returned because of failure of delivery, the licensor shall send the notice by regular mail to the retail food establishment location listed on the license or conspicuously post the notice at an entrance of the operation, and posting or mailing constitutes notice.

If the licensor provides a hearing officer, he or she shall be licensed to practice law in Ohio and shall not have participated in any manner in the decision to take the action against the license holder. The license holder may be represented by counsel and may review the case record before the hearing.

If the licensor is a board of health of a city or general health district or the authority having the duties of the board of health under section The hearing officer shall describe the basis for his or her recommendation, but need not prepare a full opinion or formal findings of fact and conclusions of law.

The hearing officer shall mail by certified mail, return receipt requested, or hand-deliver the recommendation to the licensor and the license holder. Either party may file objections to the recommendation provided that the objections are received by the licensor within five days of receiving a copy of the recommendation from the hearing officer.

C In the case of a suspension of a license issued for a violation presenting clear and present danger to the public health, the licensor shall provide the license holder with written notice of the action, the cause for the action, and the effective date of the action. The written notice shall specify the procedure for appealing the suspension and shall list the address to which a hearing request shall be sent or delivered.

The license holder may appeal the suspension by mailing or hand-delivering a written request for a hearing to the address specified in the notice. If a hearing is requested, it shall be heard not later than two business days after the request is received by the licensor.