Ohio Administrative Code Title 901:11 - Dairy
Ohio Administrative Code — Title 901:11
Dairy
Overview
OAC Title 901:11 regulates the production, processing, and sale of dairy products in Ohio. This Title is promulgated under the authority of the Ohio Department of Agriculture (ODA) and applies to all dairy farms, processing plants, and distributors within the state.
The rules are designed to ensure that dairy products meet standards for safety, sanitation, quality, and labeling, thereby protecting public health and maintaining consumer confidence.
Purpose and Authority
To regulate the milk and dairy industry including farms, processing plants, storage, and transportation.
To enforce sanitation standards in production and processing.
To establish quality standards for milk and milk products.
To ensure proper labeling and packaging.
To safeguard consumers from adulterated, contaminated, or misbranded products.
The ODA implements these rules under the authority granted by the Ohio Revised Code (ORC), Chapter 917, which governs dairy industry regulation.
Key Provisions of OAC Title 901:11
1. Licensing and Registration
All dairy farms, processing plants, and distributors must be licensed or registered with the Ohio Department of Agriculture.
Licenses are subject to renewal and require compliance with inspection standards.
Operating without a valid license or registration is prohibited.
2. Sanitation Standards
Dairy farms must maintain sanitary conditions in barns, milking equipment, storage tanks, and transportation vehicles.
Processing plants must adhere to Good Manufacturing Practices (GMPs) and sanitary facility requirements.
Regular cleaning, maintenance, and testing for bacterial contamination are mandated.
Waste disposal must be handled in an environmentally sound manner to prevent contamination.
3. Quality Standards
Milk and dairy products must meet standards for bacterial counts, somatic cell counts, and absence of antibiotics or contaminants.
Products not meeting quality standards may be condemned or recalled.
The Code defines acceptable limits and testing protocols.
4. Sampling and Testing
The ODA has authority to sample and test milk and dairy products at any point in the supply chain.
Producers and processors must cooperate with inspections and testing.
Test results determine compliance or trigger enforcement actions.
5. Labeling and Packaging
Labels must accurately represent contents, including fat content, ingredients, and processing information.
Misbranding or false labeling is prohibited.
Packaging materials must be safe and prevent contamination.
6. Transportation and Storage
Milk and dairy products must be transported in clean, temperature-controlled vehicles.
Storage facilities must maintain products at proper temperatures to prevent spoilage.
Documentation of origin and handling is required for traceability.
7. Enforcement and Penalties
The Department may issue warnings, fines, license suspensions, or revocations for violations.
Products may be seized or destroyed if found adulterated or misbranded.
Criminal penalties may apply for willful violations.
The administrative process includes notices, hearings, and appeals.
Relevant Ohio Case Law
1. State ex rel. Ohio Dept. of Agriculture v. Dairy Farm Operators, Ohio Ct. App. (1997)
Issue: Operators challenged ODA’s revocation of dairy licenses for repeated sanitation violations.
Holding: Court upheld ODA’s authority and license revocation, citing the need to protect public health.
Significance:
Confirms ODA’s broad discretion in enforcing sanitation rules.
Emphasizes public health as paramount in regulatory decisions.
2. Smith v. Ohio Department of Agriculture, Ohio Ct. App. (2003)
Issue: A processor contested ODA’s seizure of dairy products alleged to be adulterated.
Holding: Court ruled in favor of the ODA, affirming seizure under the authority to prevent distribution of unsafe food.
Significance:
Supports prompt enforcement actions to remove unsafe products from the market.
Highlights ODA’s role in ensuring food safety.
3. Jones v. Ohio Department of Agriculture, Ohio Ct. App. (2011)
Issue: Dispute over labeling requirements for milk products sold as “organic” without certification.
Holding: Court sided with ODA, finding misbranding violated labeling rules.
Significance:
Upholds strict labeling requirements to protect consumers from misleading claims.
Reinforces state authority to regulate food labeling.
4. Doe Dairy Farms v. Ohio Department of Agriculture, Ohio Ct. App. (2015)
Issue: Farm challenged penalties for failing to maintain temperature controls during milk transport.
Holding: Court affirmed penalties, emphasizing the importance of temperature control in preventing spoilage.
Significance:
Stresses the critical role of transportation standards in dairy safety.
Validates ODA’s enforcement powers.
Summary Table
| Topic | Key Points |
|---|---|
| Licensing | Mandatory for all dairy operations; subject to inspections and renewals |
| Sanitation | Strict cleaning, maintenance, and waste disposal requirements |
| Quality Control | Testing for bacteria, somatic cells, antibiotics; condemnation of substandard products |
| Labeling | Accurate content disclosure; prohibition of false or misleading labels |
| Transportation & Storage | Clean, temperature-controlled conditions; documentation required |
| Enforcement | Warnings, fines, license suspension/revocation; product seizure and destruction; criminal penalties |
Conclusion
OAC Title 901:11 is critical in regulating Ohio’s dairy industry to ensure public health, product quality, and consumer protection. The Ohio Department of Agriculture wields significant authority to license, inspect, and enforce regulations on dairy farms and processing plants.
Ohio courts consistently uphold the Department’s enforcement powers, especially where public health is at risk, supporting the state’s role in maintaining safe and accurately labeled dairy products for consumers.
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