food regulations

Written by Ellen Essman, Sr. Research Associate

Here’s our gathering of recent agricultural law news you may want to know:

Kasich’s Executive Order delayed.  As we previously wrote about, Governor John Kasich signed an executive order earlier this month which directed ODA to “consider whether it is appropriate to seek the consent of the Ohio Soil and Water Commission (OSWC) to designate” certain watersheds “as watersheds in distress due to increased nutrient levels resulting from phosphorous attached to soil sediment.”  The OSWC voted on July 19 to delay Kasich’s executive order, which means that the eight watersheds will not be labeled “watersheds in distress” at this time.  Instead, a subcommittee of the OSWC is tasked with researching and determining if each of the watersheds should be listed as “watersheds in distress.”  More information on this delay is available in Ohio’s Country Journal

ODA to submit “Watersheds in Distress” rule package.  In more news regarding “watersheds in distress,” ODA is expected to propose a new rule package.  While rules concerning watersheds in distress already limit the land application of manure on farms, the new rules would also limit the application of “nutrients,” which are defined as “nitrogen, phosphorus, or a combination of both.”  Stay tuned to the Ag Law Blog for any updates on this rule package!

ODA upgrades website.  The Ohio Department of Agriculture updated its website last month.  The update includes a section with frequently asked questions and answers for each of the separate Divisions. For example, the questions frequently asked about food safety, making and selling food are available here.  Head to www.agri.ohio.gov to check it out the new ODA website.  

Additional comments sought on WOTUS.  On July 12, 2018, the Army Corps of Engineers and the EPA published a supplemental notice of proposed rulemaking in the Federal Register.  The supplemental notice is meant to “clarify, supplement and seek additional comment on” last summer’s proposal to repeal the 2015 Waters of the United States (WOTUS) Rule.  As a reminder, the 2015 WOTUS rule expanded the meaning of “waters of the United States,” or those waters protected under the Clean Water Act, to include “tributaries to interstate waters, waters adjacent to interstate waters, waters adjacent to tributaries of interstate waters and other waters that have a significant nexus to interstate waters.” If the 2015 WOTUS rule is repealed, then the pre-2015 regulations defining WOTUS will be recodified.  The agencies are seeking additional comments on the proposed rulemaking through this supplemental notice.  The comment period is open through August 13, 2018.  Comments can be left here

Ohio legislation on the move

  • Dogs on patios.  H.B. 263, which we have been following, was sent to the Governor on 7/24/2018.  Kasich’s signature would mean that food establishments and food service operations could permit customers to bring a dog into an outdoor dining area if the dog is vaccinated.  Each establishment must adopt a policy requiring customers to control their dogs and to keep their dogs out of indoor areas.  See our previous coverage of this legislation here and here
By: Peggy Kirk Hall, Thursday, June 22nd, 2017

Written by Ellen Essman, Law Fellow, OSU Agricultural & Resource Law Program

The Ohio Department of Agriculture (ODA) will hold a public hearing on July 19, 2017 at 9:00 a.m. to accept written and oral comments on its proposed amendments to the maple syrup, sorghum, and honey rules in the Ohio Administrative Code (OAC).

Amendments and changes to the maple syrup, sorghum, and honey rules are proposed for parts of OAC chapters 901:3-44, 901:3-45, and 901:3-46, including substantive changes that address antibiotics in honey, grades and standards for maple syrup, labeling related to maple syrup grades, and requirements for food grade materials to be used for honey, maple syrup, and sorghum. With these proposed changes and amendments, ODA seems to be trying to make the rules for honey, maple syrup, and sorghum more in line with federal rules and standards. In addition, safety of honey, maple syrup, and sorghum products seems to be at the forefront with a broader antibiotic exclusion in honey products, and the requirement to use “food grade materials” for honey, maple syrup, and sorghum. The sections below will discuss each of these proposed changes in turn.

No antibiotics allowed in honey

It is proposed that OAC 901:3-44-01 be amended to remove references to specific antibiotics and to instead simply state that any antibiotics, in any amount, “render the honey” or its beeswax as “adulterated.”

Maple syrup rules to correspond with federal rules and standards

ODA has proposed striking the current OAC 901:3-45-01, which outlines voluntary grades and standards for maple syrup, and replacing it with language that incorporates the grading and color classifications put forth by the United States Department of Agriculture (USDA). In other words, ODA is proposing that Ohio replace its current language with the grades and color classifications for maple syrup used by the federal government. What is more, if this amendment is adopted, it appears as though grading and color classifications would no longer be voluntary.

ODA’s proposed amendment for OAC 901:3-45-03 involves deleting “Ohio” and inserting “U.S.” This change would mean that the labeling requirements for grading maple syrup would follow federal standards instead of state standards. The adoption of federal grade labeling, as well as of federal grading and color classifications, would make it easier to sell and ship maple syrup produced in Ohio outside of the state.

Food grade materials for honey, maple syrup, and sorghum

The proposed changes to OAC 901:3-45-04, 901:3-45-05, 901:3-46-06, 901:3-46-07 all include the addition of the requirement that containers be made of food grade materials. Accordingly, the proposed changes would require that all of the following be made of food grade materials:

  • Maple syrup packaging,
  • Bulk containers (barrels, drums, etc.) for maple syrup,
  • Packaging for products from maple syrup processors, sorghum processors, and beekeepers exempt from mandatory inspection, and
  • Bulk containers for products from maple syrup processors, sorghum processors, and beekeepers exempt from mandatory inspection.

“Food grade material” is defined in OAC 901:3-46-01 as “a material that when in contact with food will remain safe, durable, free of rust, non-absorbent, and will not allow the migration of deleterious substances, impart color, odor, or taste to food under normal use.”

More information about attending the hearing or sending in comments (including when written comments must be received), and a brief overview of each change is available here. A draft of the proposed amendments and revisions is here.

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