The Health Department is responsible for licensing and inspection of food service operations and retail food establishments including restaurants, convenience stores, coffee shops, concession trailers, food vending machines, and temporary food sales at events, delis, and grocery stores in Muskingum County.
Registered Environmental Health Specialists (REHS) help maintain sanitary standards by checking for cleanliness and proper food handling. The State of Ohio requires a minimum of one or two inspections per year depending on the type of license.
Ohio law requires a food service license for anyone who prepares or serves meals or portions of a meal for a charge or required donation.
To know which food licensing process your food service must follow, refer to the descriptions below.
Cottage Foods
A “Cottage Food Production Operation” is defined in Chapter 3715 of the Ohio Revised Code to mean, a person who, in the person’s home, produces food items that are not potentially hazardous foods, including bakery products, jams, jellies, candy, fruit butter, and similar products specified in the rules. These foods must be labeled properly, or they will be considered misbranded or adulterated.
No. A license and inspection are not required for a Cottage Food Production Operation. These operations are subject to food sampling conducted by the Ohio Department of Agriculture to confirm whether a food product is being misbranded or adulterated.
A “Cottage Food Production Operation” is required to label all their food products properly, which include the following information on the label of each unit of food product offered or distributed for sale:
- Statement of Identity
- Net Quantity of Contents
- Ingredient List
- Statement of Responsibility
- The following statement in ten-point font: “This Product is Home Produced.”
If the product includes a major food allergen, the “Contains” statement must be immediately after or adjacent to the ingredient statement. The major food allergen groups are milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans. The type of tree nut, fish, and crustacean shellfish must be declared.
See the ODA Fact Sheet for an example on labeling cottage foods.
- Must be sold in Ohio.
- Directly from the home to the consumer.
- Sold through licensed grocery stores, registered farmers markets, and sold or used in preparing food in a licensed restaurant.
- May be sold at festivals, if the event is organized by a political subdivision of the state and lasts for no more than 7 consecutive days.
Home Bakeries
A “Home Bakery” is defined in Chapter 911 of the Ohio Revised Code to mean any person who owns or operates a bakery with only one oven, including double ovens, of ordinary design within their ordinary kitchen in their primary residence.
A Home Bakery is permitted to manufacture non-potentially hazardous bakery products. These would include things such as cookies, breads, brownies, cakes, fruit pies, etc.
They may also manufacture potentially hazardous bakery products such as cheesecakes, cream pies, custard pies, pumpkin pies, etc. Potentially hazardous refers to foods that require temperature control because it can support the growth of infectious or toxigenic microorganisms.
Yes. A Home Bakery must obtain a license and be inspected by the Ohio Department of Agriculture (ODA), Division of Food Safety. Home Bakeries may also be required to obtain a mobile retail license to sell at locations outside of the home.
- There is an annual fee of $10.00.
- To arrange for an inspection, contact the ODA Division of Food Safety at 1-800-282-1955, Ext. 4366 or by email at foodsafety@agri.ohio.gov.
- For mobile retail licensing, contact Samantha Wantz at samanthaw@zmchd.org or call 740-454-9741, ext. 293.
To be a Home Bakery, the household must have walls, ceilings, and floors that are in good repair, clean, and easily cleanable. Equipment and utensils must be maintained and kept in sanitary conditions.
There must be a mechanical refrigerator that is maintained to a temperature of 45°F or less.
If the home uses a private well, the well must be tested annually for coliform bacteria. Proof of the well test result must be provided to the inspector.
The home must be free from pests and no pets are permitted to be in the home.
Labels should be available for review at the time of inspection.
A “Home Bakery” is required to label all their food products properly, which includes the following information on the label of each unit of food product offered or distributed for sale:
- Statement of Identity
- Net Quantity of Contents
- Ingredient List
- Statement of Responsibility
If the food requires refrigeration, the label of bakery items must bear the declaration “Keep Refrigerated” or other similar statement.
See the ODA Fact Sheetfor an example on labeling.
- May distribute products outside of the state of Ohio.
- Directly from the home to the consumer.
- Sold through grocery stores, convenience stores, farmers markets, and other retail establishments.
- May be served as a food item offered by restaurants.
Small Egg Operators
A “Small Egg Operator” is a person that is engaged in the operation of egg production who maintains annually five-hundred or fewer birds and wishes to sell the resulting eggs from a location other than from the location where the eggs were produced.
No. A small egg processor is not assessed a fee from the ODA for the registration, but you will be issued a certificate of registration which may be presented to any interested party to support the approved source requirement.
There will be a mobile retail inspection fee assessed from the local health department if you wish to pursue sales at a farmers’ market.
For mobile retail licensing, contact Samantha Wantz at samanthaw@zmchd.org or call 740-454-9741, ext. 293.
The ODA will ensure that…
- Labeling requirements are being met.
- Eggs are maintained in refrigeration at 45°F or less.
- Homes that are served by a private well, must be tested annually for coliform bacteria. Proof of the well test result must be provided to the inspector.
- Labels should be available for review at the time of inspection.
To arrange for an inspection, contact the ODA Division of Food Safety by phone at 1-800-282-1955, Ext. 4366 or by email at foodsafety@agri.ohio.gov.
The requirements for carton labeling are as follows:
- The name and address of the operation.
- An accurate statement of the quantity of the contents.
- The date the eggs were packed into the egg carton.
- Labeled “ungraded” or “unclassified.”
- Labeled “mixed size.”
- The safe handling statement (see below):
“SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly.”
NOTE: Cartons may be reused, however all original non-pertinent information must be defaced and replaced with proper labeling. Reused cartons should be in sound condition and free of any visible dirt.
- Properly labeled eggs may be sold from your farm, from a farmers’ market that you own/operate, or a farm product auction without any inspection.
- To sell eggs to a retailer, restaurant or at a farmers’ market, the processor must register with the ODA Division of Food Safety to be considered an “approved source.”
- May also need to obtain a mobile retail license from the Health Department.
To contact the ODA Division of Food Safety call 1-800-282-1955, Ext. 4366 or email at foodsafety@agri.ohio.gov.
For mobile retail licensing, call Samantha Wantz at samanthaw@zmchd.org or call 740-454-9741, ext. 293.
NOTE: A small egg processor that is registered with the ODA must also license with their local health department to sell eggs at a farmers’ market.
Food Licensing
Food License
Issued to any location where food is sold. A Plan Review Application is required for all new facilities.
Examples include restaurants, cafeterias, schools, grocery stores, and convenience stores.
Resources:
Temporary Food License
Issued to a facility that is operated at an event for no more than five consecutive days that sells most food (unpackaged or packaged) and beverages in the same location. A person is limited to ten temporary food service licenses per licensing period (March 1 – February 28).
Exemption: Those selling ONLY bottled drinks (commercially packaged) that do not require refrigeration or those selling commercially pre-packaged foods that are not refrigerated and in displays less than 200 cubic feet.
Examples include concession stands, food tents, and unlicensed mobile food trucks.
Resources:
Mobile Food License
Issued to a moveable structure which must change locations at least once every forty days.
Examples include food trucks/concession trailers, pushcarts, and hot dog carts.
Resources:
Vending Machine License
Required if you sell food that requires temperature control (frozen, refrigerated, or hot food). A license is also required if the food is dispensed in an open container or cup, such as coffee, soda, hot chocolate, or soup.
Micro Market License
Issued to an unmanned store generally located within an office building. This facility offers Time/Temperature Control for Safety (TCS) food and non-TCS food items for purchase by using a self-checkout kiosk. In addition, specific equipment is required. Coolers and freezers must have health switches that will automatically lock the cooler or freezer door in the event of a temperature control issue or power failure.
Food Safety Education
We provide a free safety course for food handlers to increase their knowledge of food safety and the regulations we use during the inspections of the facilities in Muskingum County. To request a food training or if you have any questions, contact your inspecting sanitarian:
For West Muskingum County, email Michael Cruze at michaelc@zmchd.org or call 740-454-9741, ext. 227.
For East Muskingum County, email Dalton Kirkbride at daltonk@zmchd.org or call 740-454-9741, ext. 292.
For recreational/schools, email Jason Tilton at jasont@zmchd.org or call 740-454-9741, ext. 291.
According to Rule 3701-21-25 of the Ohio Administrative Code, at least one employee with supervisory or managerial responsibility must have an Ohio Manager Certification (Level 2) in food protection. This certification can be obtained through the following resources:
NEHA Professional Food Manager
Food Protection Manager Course
The Manager Certification is also offered in person locally through the Foodworks Alliance. More information including dates and registration can be found here: Foodworks Alliance.
Please note that this training does require a proctored exam. If your selected course does not offer a proctored exam, you will need to find a training that does or find a resource that offers just the proctored exam.
In addition to the Manager Certification requirements, the Ohio Food Code also requires that at least one employee with a Person-In-Charge Certification (Level 1) is present whenever the facility is operating. This training can be found at any of the following resources: https://www.statefoodsafety.com
Food Safety Signs
We encourage all food service providers to use food safety reminders in their facilities. For food safety signs, use the printable PDF links below.
Contact Information
For West Muskingum County, email Michael Cruze at michaelc@zmchd.org or call 740-454-9741, ext. 227.
For East Muskingum County, email Dalton Kirkbride at daltonk@zmchd.org or call 740-454-9741, ext. 292.
For recreational/schools, email Jason Tilton at jasont@zmchd.org or call 740-454-9741, ext. 291.
