1709.08 FOOD.
   (a)   Wholesome and Approved Source.
      (1)   Food shall be wholesome, in sound condition, free from spoilage, filth, or other contamination, and shall be safe for human consumption.
      (2)   Food shall be obtained from sources that comply with all laws relating to food and food products.
      (3)   The use of food in hermetically sealed containers must be from an approved source, and does not include home canned food.
      (4)   Milk and milk products used, sold, or served shall be pasteurized and meet the standards contained in rules adopted under Section 3707.372 of the Ohio Revised Code and shall be from sources permitted under Section 3707.374 of the Ohio Revised Code. Dry milk and dry milk products shall be made from pasteurized milk and milk products.
      (5)   Only the following egg products shall be used or sold:
         A.   Clean, whole eggs.
         B.   Pasteurized liquid, frozen or dry eggs.
         C.   Pasteurized dry eggs.
         D.   Hard-boiled, peeled eggs, commercially prepared and packaged.
      (6)   Only government-inspected meat shall be used or offered for sale in a food establishment.
      (7)   Only ice which has been manufactured from potable water and handled in a sanitary manner shall be used or offered for sale. Ice offered for sale shall be packaged.
      (8)   Samples of food and other substances may be taken and examined by the permittor or its authorized representative as often as necessary for the detection of unwholesomeness. The permittor or its authorized representative shall notify the operator that the food establishment is prohibited by law from using unwholesome food.
      (9)   Food prepared in a private home shall not be used or offered for sale except as outlined in Section 1709.01(l)(1)K.
   (b)   Properly Labeled.
      (1)   All oysters, clams, and mussels shall be packaged in non-returnable packages identified with the name and address of the original processor or packer. All oysters, clams, and mussels, if shucked, shall be kept in the original containers in which they were received until they are used.
Each original container of unshucked shellfish (oysters, clams, or mussels) shall be identified by an attached tag, to be retained for a period of 90 days, that states the name and address of the original shellfish processor, the kind and quantity of shellfish, and the certification number issued by the state or foreign shellfish control agency, where applicable.
      (2)   Unless its identity is unmistakable, bulk food such as cooking oil, syrup. salt, or flour not stored in the original container or package, shall be labeled identifying the food by common name.
         (Res. 1-95. Passed 1-19-95.)