OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 507 Bill Analysis
134th General Assembly
Click here for H.B. 507’s Fiscal Note
Version: As Reported by Senate Agriculture and Natural Resources
Primary Sponsor: Rep. Koehler
Effective Date:
Jeff Grim, Research Analyst, and other LSC staff
SUMMARY
Internet sales exemption from auction laws
 Exempts from auctioneer and auction firm licensure requirements a person who, in any
calendar year, sells not more than $10,000 of personal property via an auction
mediation company (for example, eBay) if:
 The company provides fraud protection to the buyer; and
 The property is the person’s own personal property, or the property is the personal
property of another (sold without compensation).
Local preemption for pesticide use
 Prohibits a political subdivision from regulating or banning the packaging, registration,
labeling, sale, storage, distribution, use, or application of a pesticide registered with the
Department of Agriculture on private property, including private property that is open
to the public.
Evaluations of registered EHSs and EHSs in training
 Requires the Directors of Agriculture and Health to each adopt rules establishing a
method for evaluating a registered environmental health specialist’s (EHS) and EHS in
training’s knowledge of the laws governing food safety, including the Ohio Uniform Food
Safety Code.
 Specifies that the evaluations must solely use an objective written or electronic
assessment that complies with specified requirements.
 This analysis was prepared before the report of the Senate Agriculture and Natural Resources
Committee appeared in the Senate Journal. Note that the legislative history may be incomplete.
December 7, 2022
Office of Research and Drafting LSC Legislative Budget Office
 Requires the evaluations to be part of board of health surveys that determine if
individual boards are qualified to administer and enforce the laws governing retail food
establishments and food service operations.
 Prohibits the Directors from using any other assessment than that established by the
rules.
 Allows the Directors to require a registered EHS or EHS in training to participate in a
field review portion of the survey for training and educational purposes, but prohibits
the Directors from using that participation for evaluation purposes.
Food safety changes
 Eliminates statutory provisions in the laws governing canning and bottling, cold storage
for food, frozen food storage, grading and labeling of produce, labeling and selling of
canned fruits and vegetables, and vinegar branding that are duplicative of other state or
federal requirements or are outdated.
 For purposes of the laws governing canning and bottling and cold storage for food,
redefines “food” to conform with the definition in the Pure Food and Drug Law.
 For purposes of a device used to process apples for use in apple cider, requires the
device to be equipped with a means to add a sanitizer to the water used to wash the
apples, rather than a means to chlorinate the water as in current law.
 Aligns the hearing requirements under the Food Processing Law with the Administrative
Procedure Law.
State agency oil and gas resources
 Requires, rather than authorizes, each state agency to lease agency-owned or -
controlled oil and gas resources for development prior to the date that rules governing
leasing procedures are adopted by the Oil and Gas Land Management Commission.
 Specifies that a state agency must enter that type of lease in good faith.
 Requires the person seeking to enter into a lease to submit to the state agency proof of
insurance and financial assurance and proof of registration with the Division of Oil and
Gas Resources Management.
Green energy
 Defines “green energy” as energy generated by using an energy resource that meets
certain emissions and sustainability requirements, including energy generated by using
natural gas.
 Provides that, except for compressed natural gas that has been produced from
biologically derived methane gas, energy generated by using natural gas is not eligible to
receive renewable energy credits.
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As Reported by Senate Agriculture and Natural Resources
Office of Research and Drafting LSC Legislative Budget Office
Towing authorizations
 Authorizes a conservancy district police department to order the towing and storage of
a motor vehicle in certain circumstances, including when the vehicle is an abandoned
junk vehicle and when the vehicle is left on private or public property for a specified
time.
 Authorizes a conservancy district police department to undertake other activities
related to towed or abandoned vehicles, including maintaining records of vehicles
towed from private tow-away zones and receiving notices from specified entities that
are taking title to abandoned vehicles.
Poultry chicks
 Decreases, from six to three, the minimum number of poultry chicks under four weeks
old that may be sold, given away, or otherwise distributed in a given lot.
TABLE OF CONTENTS
Internet sales exemption from auction laws .................................................................................. 1
Local preemption for pesticide use ................................................................................................ 1
Evaluations of registered EHSs and EHSs in training ...................................................................... 1
Food safety changes ....................................................................................................................... 2
Green energy .................................................................................................................................. 2
Towing authorizations .................................................................................................................... 3
Poultry chicks .................................................................................................................................. 3
Internet sales exemption from auction laws .................................................................................. 4
Local preemption for pesticide use ................................................................................................ 4
Evaluations of registered EHSs and EHSs in training ...................................................................... 4
Background.................................................................................................................................. 4
Evaluations .................................................................................................................................. 5
Food safety changes ....................................................................................................................... 6
Canning and bottling requirements ............................................................................................ 6
Cold storage for food .................................................................................................................. 6
Frozen food storage .................................................................................................................... 7
Grading and labeling of produce ................................................................................................. 8
Labeling and selling of canned fruit and vegetables ................................................................... 8
Food processing license suspension ........................................................................................... 9
Cider manufacturing.................................................................................................................... 9
Vinegar branding ......................................................................................................................... 9
State agency oil or gas resources.................................................................................................. 10
Green energy ................................................................................................................................ 10
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As Reported by Senate Agriculture and Natural Resources
Office of Research and Drafting LSC Legislative Budget Office
Definition ................................................................................................................................... 10
Renewable energy credits ......................................................................................................... 10
Towing authorizations .................................................................................................................. 11
Towing of vehicles under conservancy district jurisdiction ...................................................... 11
Other conservancy district towing authorizations ............................................................... 11
Poultry chicks ................................................................................................................................ 12
DETAILED ANALYSIS
Internet sales exemption from auction laws
Current law, recently enacted by H.B. 321 of the 134th General Assembly, generally
requires a person to be licensed as an auctioneer or auction firm under the auctioneer’s law
when auctioning property on the internet. The bill exempts from this licensure requirement a
person who, in any calendar year, sells up to $10,000 of personal property via an auction
mediation company (e.g., eBay) if both of the following apply:
1. The auction mediation company specifically provides a fraud protection or money-
back guarantee to the buyer of the property being sold;
2. The person is either selling the property of another and does not receive any
compensation for such sale, or the person is selling the person’s own personal
property.
An auction firm is a person that wishes to manage a personal property auction.1
Local preemption for pesticide use
The bill prohibits a political subdivision from regulating or banning the packaging,
registration, labeling, sale, storage, distribution, use, or application of a pesticide registered
with the state on private property, including private property that is open to the public (see,
COMMENT). A political subdivision is a county, township, or municipal corporation and any
other body corporate and politic that is responsible for government activities in a geographic
area smaller than that of the state.2
Evaluations of registered EHSs and EHSs in training
Background
Under current law, the Directors of Agriculture and Health administer the law governing
retail food establishments and food service operations. The Director of Agriculture has
responsibility over retail food establishments, and the Director of Health has responsibility over
food service operations.
1 R.C. 4707.01, not in the bill and 4707.02.
2 R.C. 921.26(C)(2).
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As Reported by Senate Agriculture and Natural Resources
Office of Research and Drafting LSC Legislative Budget Office
A retail food establishment is a place where food is stored, processed, prepared,
manufactured, or otherwise held or handled for retail sale (for example, a grocery store). A
food service operation is a place, location, site, or separate area where food intended to be
served in individual portions is prepared or served for a charge or required donation (for
example, a restaurant). Generally, boards of health license these facilities and administer and
enforce the food safety regulations that govern them. Registered environmental health
specialists (EHS) and environmental health specialists in training (EHS in training) employed by
or contracting with boards of health conduct inspections of these facilities. If a board licenses
retail food establishments, the Director of Agriculture is responsible for evaluating the board’s
licensure and inspection program. If a board licenses food service operations, the Director of
Health is responsible for evaluating the board’s licensure and inspection program.3
Evaluations
The bill requires the Director of Agriculture and the Director of Health to each adopt
rules establishing a method for evaluating a registered EHS’s and EHS in training’s knowledge of
the laws governing food safety, including the Ohio Uniform Food Safety Code.4
It requires the evaluations to be included in the surveys that are conducted to assess a
board of health to determine if the board is qualified to administer and enforce the laws
governing retail food establishments and food service operations respectively.5 If a survey
demonstrates that a board of health does not have the capacity to appropriately enforce these
regulations, a board of health could lose its authority as the licensor of food service operations
or retail food establishments.6
Under the bill, the Directors may only evaluate a registered EHS or EHS in training
through the use of an objective written or electronic assessment that complies with all of the
following:
1. It is developed by the appropriate Director in consultation with representatives from
the Ohio Environmental Health Association and the Association of Ohio Health Commissioners;
2. It does not exceed 50 questions in length;
3. In order to pass the assessment, the individual must correctly answer 80% or more of
the questions in the assessment. Questions on the exam must be derived from the most
common violations cited during the previous inspection year; and
3 R.C. 3717.01, not in the bill; R.C. 3717.11, not in the bill.
4 R.C. 3717.33 and 3717.52.
5 R.C. 3717.33(H)(2) and 3717.52(B)(2).
6 R.C. 3717.11, not in the bill.
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As Reported by Senate Agriculture and Natural Resources
Office of Research and Drafting LSC Legislative Budget Office
4. The individual is allowed to review the Ohio Uniform Food Safety Code during the
assessment.7
For purposes of any field review portion of the survey, the Directors may require a
registered EHS or EHS in training to participate in the field review for training and educational
purposes. However, the bill prohibits the Director from using that participation to evaluate
whether the registered EHS or EHS in training has sufficient knowledge of the laws governing
food safety and of the Ohio Uniform Food Safety Code.8
The bill requires the Directors, in consultation with representatives from the Ohio
Environmental Health Association and the Association of Ohio Health Commissioners, to review
and update the assessment on at least a biennial basis.9 The Directors must complete the initial
development and implementation of the assessment within 180 days after the bill’s effective
date.10
Food safety changes
Current law establishes various statutory food safety requirements. According to the
Department Agriculture, the provisions discussed below are duplicative of other state or federal
requirements or are outdated. Consequently, the bill eliminates or alters these provisions to
conform with current standards.
Canning and bottling requirements
The bill eliminates statutory sanitary requirements governing bottling and flavor
manufacturing plants, including requirements that specify that these plants must be:
1. Free from contaminated surroundings, well lighted, drained, plumbed, and ventilated;
2. Kept in a sanitary condition;
3. Provided with adequate sanitary toilet facilities; and
4. Equipped with mechanical container-washing apparatus and machinery.
Similar sanitation requirements are established in existing rules adopted by the Director
of Agriculture.11
Cold storage for food
For purposes of the provisions governing cold storage of food, the bill does all of the
following:
7 R.C. 3717.33(H)(1) and 3717.52(B)(1).
8 R.C. 3717.33(H)(3) and 3717.52(B)(3).
9 R.C. 3717.33(H)(2) and 3717.52(B)(2).
10 Section 4.
11 R.C. 913.04 and 913.28; R.C. 913.27, repealed.
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