Ohio Revised Code
Chapter 3715 | Pure Food and Drug Law
Section 3715.59 | When Food Is Adulterated.

Effective: November 21, 2001
Latest Legislation: Senate Bill 136 - 124th General Assembly
Food is adulterated within the meaning of sections 3715.01, 3715.02, 3715.022, and 3715.52 to 3715.72 of the Revised Code, if any of the following apply:
(A) It bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, the food shall not be considered adulterated if the quantity of the substance in the food does not ordinarily render it injurious to health.
(B) It bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of section 3715.62 of the Revised Code.
(C) It consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food.
(D) It has been produced, processed, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health.
(E) It is the product of a diseased animal or an animal that has died otherwise than by slaughter, or an animal that has been fed upon the uncooked offal from a slaughterhouse.
(F) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.
(G) Any valuable constituent has been, in whole or in part, omitted or abstracted from the food.
(H) Any substance has been substituted wholly or in part for the food.
(I) Damage or inferiority has been concealed in any manner.
(J) Any substance has been added to or mixed or packed with the food so as to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is.
(K) It is confectionery and it bears or contains any alcohol or nonnutritive article or substance other than harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one per cent, harmless natural wax not in excess of four-tenths of one per cent, harmless natural gum, or pectin, except that this division shall not apply to any confectionery by reason of its containing less than one-half of one per cent by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.
(L) It bears or contains a coal-tar color other than one from a batch certified under authority of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.
(M) It has been processed or produced in violation of section 3715.025 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 37 | Health-Safety-Morals

Chapter 3715 | Pure Food and Drug Law

Section 3715.01 | Pure Food and Drug Law Definitions.

Section 3715.011 | Effect of Changes to Federal Law.

Section 3715.02 | Definitions for Food or Class of Food and Standards.

Section 3715.021 | Standards and Good Manufacturing Practices for Food Processing Establishments.

Section 3715.022 | Standards for Food Sampling and Procedures for Administration.

Section 3715.023 | Labels for Cottage Food Production Operation, Processor, or Beekeeper.

Section 3715.024 | Voluntary Inspection of Processor's or Beekeeper's Facilities.

Section 3715.025 | Restrictions on Cottage Food Production Operation.

Section 3715.03 | Right of Entry.

Section 3715.04 | Certificate of Health and Freesale - Inspection - Fee.

Section 3715.041 | Registration of Food Processing Establishments.

Section 3715.05 | Sale of Pseudoephedrine or Ephedrine Product.

Section 3715.051 | Log of All Purchases of Pseudoephedrine or Ephedrine Products.

Section 3715.052 | Submission of Information Regarding Non-Prescription Sales of Pseudoephedrine or Ephedrine Products.

Section 3715.053 | Exemptions.

Section 3715.054 | Liability for Damages Due to Sale of Pseudoephedrine or Ephedrine Products.

Section 3715.06 | Discovery of Theft or Loss of Pseudoephedrine Product.

Section 3715.07 | Standards for Flavoring Extracts.

Section 3715.13 | Sale of Diphtheria Antitoxin.

Section 3715.14 | Prohibition Against Sale of Unlabeled Canned Fruits and Vegetables by a Dealer.

Section 3715.15 | Prohibition Against Sale of Unlabeled Canned Fruits and Vegetables by a Packer or Manufacturer.

Section 3715.16 | Prohibition Against Falsely Labeling Fruit or Vegetable Packages.

Section 3715.17 | Prohibition Against Selling Falsely Labeled Fruit or Vegetables.

Section 3715.171 | Date Labels for Perishable Foods.

Section 3715.18 | Manufacturer or Packer Must Attach Label to Soaked Goods.

Section 3715.19 | Vendor Must Attach Label to Soaked Goods.

Section 3715.20 | Prosecution.

Section 3715.22 | Prohibition Against Slaughter or Sale for Human Consumption of Calf Less Than Four Weeks Old - Confiscation of Carcass.

Section 3715.23 | Manufacture and Sale of Adulterated Candy - Sample for Analysis.

Section 3715.24 | Maple Product Standards and Grades.

Section 3715.25 | Prohibited Acts Regarding Maple Products.

Section 3715.27 | Cider Manufacturing and Labeling.

Section 3715.28 | Vinegar.

Section 3715.29 | Cider or Apple Vinegar.

Section 3715.30 | Wine or Grape Vinegar.

Section 3715.31 | Malt Vinegar.

Section 3715.32 | Distilled Vinegar.

Section 3715.33 | Fermented Vinegar.

Section 3715.34 | Injurious Ingredients in Vinegar - Brands.

Section 3715.35 | Brands on Casks of Cider Vinegar.

Section 3715.36 | Prohibition Against Selling Vinegar Not Made or Branded in Compliance With Law.

Section 3715.37 | Branding of Cider Vinegar by Manufacturing Farmer.

Section 3715.38 | Prohibitions Regarding Honey.

Section 3715.52 | Prohibited Acts.

Section 3715.521 | Prohibition Against Sale or Delivery of Expired Drug, Infant Formula or Baby Food.

Section 3715.53 | Injunctions.

Section 3715.54 | Exceptions to Liability.

Section 3715.55 | Notice of Adulteration, Misbranding, or Expiration.

Section 3715.551 | Embargo of Food.

Section 3715.56 | Attorney General, Prosecuting Attorney or City Director of Law to Institute Proceedings and Prosecutions.

Section 3715.57 | Written Notice or Warning for Minor Violations Sufficient.

Section 3715.59 | When Food Is Adulterated.

Section 3715.60 | Misbranded Food.

Section 3715.61 | Director of Agriculture - Powers Regarding Permits.

Section 3715.62 | Unsafe Food.

Section 3715.63 | When Drug or Device Is Adulterated.

Section 3715.64 | Misbranded Drug or Device.

Section 3715.65 | Application for New Drug Required.

Section 3715.66 | Adulterated Cosmetics.

Section 3715.67 | Misbranded Cosmetics.

Section 3715.68 | False or Misleading Advertisement.

Section 3715.69 | Adoption of Rules for Enforcement.

Section 3715.70 | Right of Entry - Examination of Samples.

Section 3715.71 | Publication of Reports - Dissemination of Information.

Section 3715.72 | Administrative Procedure - Exceptions.

Section 3715.73 | Fines or Forfeited Bonds to Be Paid Into State Treasury.

Section 3715.74 | Governor May Declare Adulterated Consumer Product Emergency.

Section 3715.80 | Dietary Supplement Defined.

Section 3715.81 | Dietary Supplement to Be Treated as a Food.

Section 3715.82 | Adoption of Rules.

Section 3715.83 | Dietary Supplement Considered to Be Adulterated.

Section 3715.84 | Requirements for Labeling - Misbranding.

Section 3715.85 | Publication Used in Connection With Sale to Consumers of Dietary Supplement.

Section 3715.86 | Dietary Supplement Not Considered Food Additive.

Section 3715.87 | Drug Repository Program for Donated Prescription Drugs - Definitions.

Section 3715.871 | Drugs Must Be Donated at Pharmacy, Hospital, or Nonprofit Clinic Participating in Program.

Section 3715.872 | Immunity.

Section 3715.873 | Adoption of Rules.

Section 3715.88 | Dangerous Drug Donation Definitions.

Section 3715.89 | Dangerous Drug Donation Requirements.

Section 3715.90 | Pharmacy School Acceptance of Dangerous Drug Donations.

Section 3715.91 | Dangerous Drug Donation Implementing Rules.

Section 3715.92 | Immunity of Pharmacy School Accepting Dangerous Drugs.

Section 3715.99 | Penalty.