Ohio Code 917.05 – Prohibited acts
No person shall do any of the following or cause any of the following to be done:
Terms Used In Ohio Code 917.05
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Dairy products: means milk, raw milk for sale to the ultimate consumer, grade A milk products, and manufactured milk products. See Ohio Code 917.01
- Imitation: means imitation as described in 21 C. See Ohio Code 917.01
- Milk: means the lacteal secretion, substantially free from colostrum, obtained by the complete milking of one or more healthy cows, goats, sheep, or other animals and intended for either of the following purposes:
(1) To be sold for human consumption or for use in dairy products;
(2) To be used for human consumption or for use in dairy products on the premises of a governmental agency or institution. See Ohio Code 917.01
- Person: means any individual, government agency, political subdivision, partnership, corporation, association, co-operative association, or other business unit. See Ohio Code 917.01
- Rule: includes regulation. See Ohio Code 1.59
(A) Represent an imitation to be a dairy product;
(B) Use a measure, test, or equipment, for the purpose of determining the identity, quality, strength, purity, grade, quantity, or price of a dairy product, that does not comply with standards established by the director of agriculture by rule;
(C) Conduct a test to determine the identity, quality, strength, purity, grade, quantity, or price of a dairy product in a manner that is not in accordance with rules adopted by the director;
(D) Alter or destroy the results of a test conducted to determine the identity, quality, strength, purity, grade, quantity, or price of a dairy product;
(E) Manufacture, sell, or deliver, hold, or offer for sale a dairy product that is not labeled or represented in accordance with the “Nutrition Labeling and Education Act of 1990,” 104 Stat. 2353, 21 U.S.C.A. 343, as amended, and regulations adopted under it, and with this chapter and Chapter 3715 of the Revised Code and rules adopted under those chapters;
(F) Manufacture, sell, or deliver, hold, or offer for sale a dairy product that is adulterated as described in section 3715.59 of the Revised Code or is misbranded as described in section 3715.60 of the Revised Code;
(G) Use for human consumption goat’s milk, sheep’s milk, or another animal’s milk, except to manufacture dairy products that are described in 21 C.F.R., as amended, or recognized as nonstandardized traditional products normally manufactured from the animal’s milk.