3717-1-03.1(A) Food: sources, specifications, and original containers

Sources - compliance with food law.

(1)

Food is to be obtained from sources that comply with law.

(2)

Except for products obtained from a home bakery registered by the Ohio department of agriculture, products from cottage food production operations, and maple syrup, honey, or sorghum products produced as provided in section 3715.021 of the Revised Code; food prepared in a private home is not permitted to be used or offered for human consumption in a food service operation or retail food establishment.

(3)

Packaged food is to be labeled as specified in law, including 21 C.F.R. 101, 9 C.F.R. 317, 9 C.F.R. 381 subpart N, and as specified under paragraphs (N) and (O) of this rule.

(4)

Fish, other than molluscan shellfish, that are intended for consumption in their raw form and allowed as specified in paragraph (A)(3)(a) of rule 3717-1-03.3 of the Administrative Code may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under paragraph (F) of rule 3717-1-03.3 of the Administrative Code; or if they are frozen on the premises as specified under paragraph (F) of rule 3717-1-03.3 of the Administrative Code and records are retained as specified under paragraph (G) of rule 3717-1-03.3 of the Administrative Code.

(5)

Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in paragraph (A)(2) of rule 3717-1-03.3 of the Administrative Code are to be:

(a)

Obtained from a food processing plant that does not mechanically tenderize, vacuum tumble with solutions, reconstruct, cube, or pound these whole-muscle, intact beef steaks; or

(b)

Deemed acceptable by the licensor based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef; and

(c)

If individually cut in a food service operation or retail food establishment:

(i)

Cut from whole-muscle intact beef that is received from a food processing plant as specified in paragraph (A)(5)(a) of this rule or identified as specified in paragraph (A)(5)(b) of this rule; and

(ii)

Prepared so they remain intact.

(6)

Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, is to be labeled to include safe handling instructions as specified in 9 C.F.R. 317.2(l) and 9 C.F.R. 381.125(b).

(7)

A food service operation or retail food establishment that sells or serves horse meat as defined in Chapter 919. of the Revised Code is to comply with all applicable provisions of Chapter 919. of the Revised Code.

(8)

Eggs that have not been specifically treated to destroy all viable Salmonellae are to be labeled to include safe handling instructions as specified in 21 C.F.R. 101.17(h).