Ohio § 917.01

§ 917.01.

As used in this chapter: (A) “ Person ” means any individual, government agency, political subdivision, partnership, corporation,

association, co-operative association, or other business unit. (B) “ Co-operative association ” or “ agricultural cooperative association ” means any agricultural cooperative organized under Chapter 1729. of the Revised

Code and qualified to do business in this state if the director of agriculture finds

the association has, in good faith, its entire activities under the control of its

members and has been and is exercising full authority in the sale of milk or cream

for its members. (C) “ Market area ” means any area that the director finds is a natural marketing area and designates

as such. (D) “ Dealer ” or “ milk dealer ” means a person who purchases or receives milk from a producer for the purpose of

bottling, packaging, selling, processing, jobbing, brokering, or distributing the

milk except where the milk is disposed of in the same container in which it is received,

without removal from the container and without processing in any way except by necessary

refrigeration.  Any person who buys and distributes milk in containers under the person's own label

is a dealer. (E) “ Imitation ” means imitation as described in 21 C.F.R. 101.3 , as amended. (F) “ 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. “Milk” does not include a blend of the lacteal secretions of different species. (G) “ Grade A milk ” means milk produced by a person holding a valid producer license of the grade A

milk category issued pursuant to section 917.09 of the Revised Code . (H) “ Manufacture milk ” means milk produced by a person holding a valid producer license of the manufacture

milk category issued pursuant to section 917.09 of the Revised Code . (I) “ Producer ” or “ milk producer ” means a grade A milk producer or a manufacture milk producer. (J) “ Grade A milk producer ” means a person located in this state who sells or offers for sale grade A milk obtained

from a cow, goat, sheep, or other animal that the person owns or controls. (K) “ Manufacture milk producer ” means a person located in this state who sells or offers for sale manufacture milk

obtained from a cow, goat, sheep, or other animal that the person owns or controls. (L) “ Grade A milk products ” means products derived from grade A milk and having the standard of identity, quality,

strength, purity, grade, and, if added, permitted optional ingredients found in the

standards of identity established for the products in rules adopted by the director

under section 917.02 or 3715.02 of the Revised Code , and includes: (1) Cottage cheese; (2) Raw, pasteurized, or aseptically processed products derived from milk and described

in either of the following: (a) The most recent published recommendations of the food and drug administration, public

health service, United States department of health and human services; (b) Rules adopted by the director. (M) “ Manufactured milk products ” means all products, other than raw milk for sale to the ultimate consumer and grade

A milk products, that are derived from milk and are for human consumption, including: (1) Butter; (2) Natural or processed cheese; (3) Evaporated, condensed, and dry products; (4) Frozen desserts; (5) Such other products derived from milk as the director may specify by rule that have

the standard of identity, quality, strength, purity, grade, and, if added, permitted

optional ingredients found in the standards of identity established for the product

in rules adopted by the director under section 917.02 or 3715.02 of the Revised Code . (N) “ Dairy products ” means milk, raw milk for sale to the ultimate consumer, grade A milk products, and

manufactured milk products. (O) “ Frozen desserts ” means frozen desserts, including the mixes, described in 21 C.F.R. 135 , as amended, unless otherwise specified by the director by rule. (P) “ Milk plant ” means a grade A milk plant or manufacture milk plant. (Q) “ Grade A milk plant ” means a place, including a governmental operation, where grade A milk or a grade

A milk product is collected, handled, controlled, processed, stored, pasteurized,

ultra-pasteurized, repasteurized, aseptically processed, bottled, or prepared for

distribution, but does not include a place where a grade A milk product is purchased

in packaged form and is stored and handled for the sole purpose of sale to the ultimate

consumer. (R) “ Manufacture milk plant ” means a place, including a governmental operation, where manufacture milk or a manufactured

milk product is collected, handled, controlled, manufactured, processed, stored, pasteurized,

ultra-pasteurized, repasteurized, commercially sterilized, aseptically processed,

bottled, or prepared for distribution, but does not include a place where a manufactured

milk product is purchased in packaged form and is stored and handled for the sole

purpose of sale to the ultimate consumer. (S) “ Raw milk for sale to the ultimate consumer ” means the raw milk sold or offered for sale by a raw milk retailer. (T) “ Raw milk retailer ” means a person who, prior to October 31, 1965, was engaged continuously in the business

of selling or offering for sale raw milk directly to ultimate consumers. (U) “ Processor ” or “ milk processor ” means a grade A milk processor or a manufacture milk processor. (V) “ Grade A milk processor ” means a person who operates or controls a milk plant, transfer station, receiving

station, or milk transport cleaning facility that is located in this state or from

which grade A milk or grade A milk products are sold or offered for sale for human

consumption, as applicable. (W) “ Manufacture milk processor ” means any person who operates or controls a manufacture milk plant, transfer station,

receiving station, or milk transport cleaning facility that is located in this state

or from which manufacture milk or manufactured milk products are sold or offered for

sale for human consumption, as applicable. (X) “ Weigher, sampler, or tester ” means a person who, in order to determine volume, weight, or composition for the

purpose of determining price, weighs, tests, or samples either of the following: (1) Milk at a dairy farm; (2) Milk or cream purchased by a dealer from a milk producer or co-operative association. (Y) “ Hauler ” or “ milk hauler ” means a person who owns or leases a vehicle or conveyance used to transport raw

milk, but does not include a producer transporting raw milk that the producer has

produced. (Z) “ License ” means a license issued under section 917.09 of the Revised Code and includes a registration issued under division (J) of that section.