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Notice/Advertisement Title: Food Safety - Use of Equipment and Embargo of Food
Contact Name: Scott Whittaker
Contact Telephone Number: 614-645-7243
Contact Email Address: srwhittaker@columbus.gov
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The following resolution will be heard at the July 16, 2024 Columbus Board of Health meeting.
To amend §251.06 of the Columbus City Health Code in response to new definitions in Ohio Revised Code §3776.01 for Sanitarian and Sanitarian-in training to be in accordance with applicable laws and rules.
WHEREAS, the Ohio Revised Code was amended and renumbered as Chapter 3776 by House Bill 33 of the 135th Ohio General Assembly; and
WHEREAS, the Ohio Revised Code §3776.01 was amended to change the terms “Sanitarian” to “Environmental health specialist”, “Sanitarian-in-training” to “Environmental health specialist in training”, and “Registered sanitarian” to “Registered environmental health specialist”; and
WHEREAS, the Ohio Revised Code §3717.01(0)(1) states the Board of Health is the Licensor for Retail Food Establishments and Food Service Operations within a jurisdiction; and
WHEREAS, Revised Code §3717.27 and Administrative Code §901: 3-4-12 authorizes Licensors, including a city Board of Health, to tag and remove from use in a Retail Food Establishment any utensils, material, or piece of equipment if it presents a clear and present danger to public health; and
WHEREAS, Administrative Code §901:3-4-15 authorizes Licensors, including a city Board of Health, to embargo expired, adulterated, or misbranded food under certain circumstances and by following certain procedures in Retail Food Establishments; and
WHEREAS, Administrative Code §§ 901:3-4-12 and 901:3-4-15 further authorizes a Licensor to authorize the Health Commissioner or other persons employed by Columbus Public Health to take action on behalf of the Licensor with respect to Retail Food Establishments; and
WHEREAS, Administrative Code §3701-21-27, "Embargo of Food", authorizes Licensors, including a city Board of Health, to embargo expired, adulterated, or misbranded food under certain circumstances and by following certain procedures in Food Service Operations; and
WHEREAS, Administrative Code §3701-21-27 references Administrative Code §901:3-4-15 and thereby authorizes a Licensor to authorize the Health Commissioner or other persons employed by Columbus Public Health to take action on behalf of the Licensor with respect to Food Service Operation; Now therefore,
BE IT RESOLVED BY THE BOARD OF HEALTH OF THE CITY OF COLUMBUS:
Section 1. That §251.06 of the Columbus City Health Code be amended to read as follows:
251.06 USE OF EQUIPMENT AND EMBARGO OF FOOD.
(a) The Board of Health, as a licensor as that term is defined in Revised Code §3717.01(O), hereby authorizes the Health Commissioner and the Public Health Environmental Health Specialists and Public Health Environmental Health Specialist-In-Training in the Environmental Health Division, to take all actions authorized by Administrative Code §§ 901: 3-4-12 and 901: 3-4-15 on behalf of the Board of Health.
(b) The Board of Health, as a licensor as that term is defined in Administrative Code §3701-21-01(K)(l), hereby authorizes the Health Commissioner and Public Health Environmental Health Specialists and Public Health Environmental Health Specialist-In-Training in the Environmental Health Division, to take all actions authorized by Administrative Code §3701-21-27 on behalf of the Board of Health.