As Introduced
135th General Assembly
Regular Session S. B. No. 321
2023-2024
Senator DeMora
Cosponsor: Senator Smith
A BILL
To enact section 2307.56 of the Revised Code to 1
provide for a reasonable expectation test in 2
determining liability for injury caused by 3
consumption of food containing a substance 4
injurious to health and for the jury to make 5
that determination. 6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2307.56 of the Revised Code be 7
enacted to read as follows: 8
Sec. 2307.56. (A) As used in this section: 9
(1) "Food" and "retail food establishment" have the same 10
meanings as in section 3717.01 of the Revised Code. 11
(2) "Supplier" has the same meaning as in section 2307.71 12
of the Revised Code as it applies to the placing of food in the 13
stream of commerce. 14
(B) In a civil action for damages brought by a person who 15
suffered injury, death, or loss to person allegedly caused by 16
the person's consumption of food that contained a substance that 17
S. B. No. 321 Page 2
As Introduced
is injurious to human health and was provided to the person by a 18
retail food establishment or obtained by the person from a 19
supplier, the liability of the retail food establishment or 20
supplier is determined by whether the injured person, in 21
consuming such food, had a reasonable expectation that the food 22
did not contain a substance that is injurious to human health. 23
(C) The trier of fact shall determine whether the person 24
who suffered the injury, death, or loss to person reasonably 25
expected that the food consumed by the person did not contain a 26
substance injurious to human health. 27