Ohio Revised Code
Chapter 1329 | Labels and Marks
Section 1329.29 | Misrepresentation in Sale of Kosher Foods.

Effective: March 1, 1983
Latest Legislation: House Bill 295 - 114th General Assembly
(A) No person shall do any of the following:
(1) Sell or expose for sale at retail, or manufacture, any meat or meat preparations or any fowl or preparations from fowl and falsely represent the same to be "kosher" or as having been prepared under, and of a product or products sanctioned by, the Orthodox Hebrew religious requirements;
(2) Falsely represent any food products or the contents of any package or container to be constituted and prepared as described in division (A)(1) of this section by having or permitting to be inscribed thereon "kosher," "kosher style," "kosher type," "kosher for passover," "Jewish," or "Hebrew" in any language, or have "kosher," "kosher style," "kosher type," "kosher for passover," "Jewish," or "Hebrew" inscribed on the front of any retail business establishment in any language except the terms "Jewish," "Hebrew," "kosher style," or "kosher type" may be used on packages or containers only if the packages or containers are also marked "nonkosher" in easily readable print;
(3) Sell or expose for sale at retail in the same place of business both kosher and nonkosher meat or meat preparations either raw or prepared for human consumption unless he indicates on his window signs and all display advertising in block letters at least four inches in height, "kosher and nonkosher food served here." However, if the person sells only kosher meat or kosher meat preparations that are prepackaged for sale, he is exempt from this division.
(4) Make any direct statement, either orally or in writing, display the words "kosher," "kosher style," "kosher type," "kosher for passover," "Jewish," or "Hebrew" in any language, or display any insignia, six-pointed star, or other mark that might reasonably be calculated to deceive or lead a reasonable person to believe a product is "kosher" or sanctioned by Orthodox Hebrew religious requirements, if it is not.
(B) All prepackaged meats and poultry sold or exposed for sale at retail as "kosher" shall be soaked and salted. All other fresh meats and poultry sold or exposed for sale at retail as "kosher" shall be marked, on the label when packaged or by a sign when not packaged, with the words "soaked and salted" or "not soaked and salted," whichever is applicable. All advertisements for food or food products sold or exposed for sale as "kosher" under rabbinical supervision must identify the name of the rabbi or organization, if any, that certified the food or food products as being "kosher."
(C) Any retailer who, at the end of the business day on the effective date of this amendment, has in his inventory products that are not "kosher" but are marked "kosher style," "kosher type," "kosher for passover," "Jewish," or "Hebrew" may continue to sell those products if he marks them "nonkosher" either on their labels or on display advertising in block letters at least four inches in height.
(D) The department of agriculture shall enforce this section and for such purpose any person designated by the department may enter upon premises where food represented to be kosher is sold or exposed for sale, at any reasonable time during business hours to inspect such food.
Whenever the department determines that a person is violating this section and has received no previous warning under this section, it shall issue a warning to that person specifying what actions he needs to take in order to comply with this section and notifying him that he has ten days after his receipt of the warning to take those actions. If, at the end of the ten-day period, the department determines that the person still is not in compliance with this section, the violator is subject to strict criminal liability, as provided in division (B) of section 2901.21 of the Revised Code.
If a person has received a previous warning under this section or has been found in violation of this section, he shall receive no warning under this division concerning subsequent noncompliance with this section and is subject to strict criminal liability, as provided in division (B) of section 2901.21 of the Revised Code. No action may be maintained against a retail seller for a violation of this section unless:
(1) He fails to comply with a warning issued under division (D) of this section; or
(2) He had actual knowledge or should have had knowledge that the product offered for sale did not comply with this section.

Structure Ohio Revised Code

Ohio Revised Code

Title 13 | Commercial Transactions

Chapter 1329 | Labels and Marks

Section 1329.01 | Registration of Trade Name Definitions - Registration of Trade Name or Report of Fictitious Name.

Section 1329.02 | Restrictions Against Filing.

Section 1329.03 | Acceptance of Document for Filing - Copy.

Section 1329.04 | Effective Term of Registration or Report - Renewal Notice.

Section 1329.06 | Name to Be Assignable.

Section 1329.07 | Change of Business Address.

Section 1329.08 | Cancellation of Registration by Secretary of State.

Section 1329.09 | Records to Be Kept for Public Examination.

Section 1329.10 | Injunction - Actions by and Against User of Trade Name or Fictitious Name.

Section 1329.26 | Manufacture or Sale of Goods Marked Sterling or Sterling Silver.

Section 1329.27 | Manufacture or Sale of Goods Improperly Marked Coin or Coin Silver.

Section 1329.29 | Misrepresentation in Sale of Kosher Foods.

Section 1329.30 | Labeling of Binding Twine.

Section 1329.31 | Prisoner-Made Goods to Be Branded, Labeled, or Marked.

Section 1329.32 | Requirements for Brand, Label or Mark.

Section 1329.33 | Prohibited Acts.

Section 1329.41 | Filing Trade Names, Marks and Devices Definitions.

Section 1329.42 | Verified Statement May Be Filed in Office of Secretary of State - Expiration, Renewal of Registration.

Section 1329.421 | Filing Change of Address With Secretary of State.

Section 1329.43 | Acceptance of Document for Filing - Certified Copy as Evidence.

Section 1329.45 | Certificate of Filing and Benefits to Be Assignable.

Section 1329.46 | Record of Names, Marks or Devices Filed Kept for Public Examination.

Section 1329.47 | Cancellation of Registration.

Section 1329.48 | Requiring, Taking, Paying or Accepting of Deposit Not Deemed a Sale.

Section 1329.49 | Filling or Re-Filling of Receptacle - Removal of Identity.

Section 1329.50 | Possession by Junk or Secondhand Dealer as Presumptive Evidence of Violation.

Section 1329.501 | Laundering Articles Labeled With Trade Name or Mark of Owner.

Section 1329.52 | Enforcement of Rights and Remedies Under Any Other Statute Not Affected.

Section 1329.53 | No Pending Suit, Proceeding or Appeal to Abate or Be Affected.

Section 1329.54 | Registration of Trademarks, Service Marks Definitions.

Section 1329.55 | Limitations on Trademark or Service Mark Registration.

Section 1329.56 | Application for Registration.

Section 1329.57 | Certificate of Registration.

Section 1329.58 | Term Registration Effective - Renewal Application.

Section 1329.60 | Assignment of Trademark or Service Mark and Registration.

Section 1329.601 | Filing Change of Address With Secretary of State.

Section 1329.61 | Public Record of Registrations and Renewals.

Section 1329.62 | Cancellation of Registration.

Section 1329.63 | Classification of Goods or Services.

Section 1329.64 | Fraudulent Filing or Registration - Damages.

Section 1329.65 | Civil Action for Unauthorized Use or Reproduction.

Section 1329.66 | Rights and Remedies.

Section 1329.67 | Rights at Common Law.

Section 1329.71 | Suit by Financial Institution to Enjoin Use of Name or Logo - Remedies.

Section 1329.99 | Penalty.