HB 10 — Regulate imitation meat and egg products

H.

10 Page136th 2G.A. As Passed by the House (1) Misbranded as a meat product or an egg product as 15 prohibited in section 3715.602 of the Revised Code;

16applied (2)under Athe cultivated-proteindirect foodsupervision productof asa definedcommercial applicator, if it is applied by a trained serviceperson who is trained in 17accordance with standards prescribed by the director under section 3715.601921.16 of the Revised Code.Code and who is acting under the instructions and control of a commercial applicator.

18(2) (B)Unless Theotherwise departmentprescribed ofby educationits andlabeling, workforcea shallgeneral adoptuse 19pesticide ais policyconsidered to preventbe applied under the purchasedirect supervision of a foodcommercial thatapplicator, if it is eitherapplied ofby a trained serviceperson acting under the 20instructions following:and control of a commercial applicator.

21(3) (1)Unless Misbrandedotherwise asprescribed by its labeling, a meatrestricted productuse orpesticide anis eggconsidered productto asbe 22used prohibitedunder inthe sectiondirect 3715.602supervision of a private applicator if all of the Revisedfollowing Code;apply:

23(a) (2)The Arestricted cultivated-proteinuse foodpesticide product.is used by an immediate family member or a subordinate employee of that private applicator.

24(b) Sec.The immediate family member or a subordinate employee of that private applicator is trained in accordance with standards prescribed by the director of agriculture under section 921.16 of the Revised Code and is acting under the instructions and control of the private applicator.

3314.03.(c) The private applicator is responsible for the actions of that immediate family member or subordinate employee and is available when needed, even though the private applicator is not physically present at the time and place the restricted use pesticide use is occurring.

A(R) copy"Directly ofsupervise" everymeans contractproviding entereddirect intosupervision under 25division this(Q)(Q)(1), section(2), shallor be(3) filed with the director of educationthis andsection, 26as workforce.applicable.

The(S) department"Distribute" ofmeans educationto andoffer workforceor shallhold makefor 27sale, availablesell, onbarter, itsship, webdeliver sitefor ashipment, copyor ofreceive everyand, approved,having executedso 28received, contractto fileddeliver withor theoffer directorto underdeliver, pesticides in this section.state.

29"Distribute" (A)does Eachnot contractmean enteredto intohold betweenfor ause, sponsorapply, andor theuse 30pesticides governingor authoritydilutions of pesticides, except when a communitypesticide schooldealer shallholds specifyfor use, applies, or uses pesticides or dilutions of pesticides in the 31course following:of business with a commercial applicator who is employed by that pesticide dealer.

32(T) (1)"Environment" Thatincludes thewater, schoolair, shallland, beand establishedall asplants eitherand ofhuman beings and other animals living therein, and the 33interrelationships following:that exist among them.

34(U) (a)"Fungus" Ameans nonprofitany corporationnonchlorophyll-bearing establishedthallophyte, underwhich Chapteris 35any 1702.nonchlorophyll- bearing plant of a lower order than mosses and liverworts, as for example, rust, smut, mildew, mold, yeast, and bacteria, except those on or in living human beings or other animals, or processed food, beverages, or pharmaceuticals.

of(V) the"General Reviseduse Code,pesticide" ifmeans establisheda priorpesticide tothat Aprilis 8,classified 36for 2003;general use under the federal act.

37(W) (b)"Ground Aequipment" publicmeans benefitany corporationdevice, establishedother underthan Chapteraircraft, 38used 1702.on land or water to apply pesticides in any form.

of(X) "Incidental use" or "incidentally use" means the Revisedapplication Code,of ifa establishedgeneral afteruse Aprilpesticide 8,on 2003.an occasional, isolated, site-specific basis in order to avoid immediate personal harm.

39"Incidental (2)use" Theor education"incidentally programuse" ofdoes thenot school,mean includingregular, theroutine, 40or school'smaintenance mission,application the characteristics of thea studentsgeneral theuse schoolpesticide. 41 H.

Sub.

H.

10 Page136th 3G.A. As Passed by the House is expected to attract, the ages and grades of students, and the 42 focus of the curriculum;

43(Y) (3)"Inert Theingredient" academicmeans goalsan toingredient be achieved and the method of 44 measurement that willis benot usedactive. to determine progress toward those 45 goals, which shall include the statewide achievement 46 assessments;

47(Z) (4)"Ingredient Performancestatement" standards,means includinga butstatement notof limitedthe toname 48and allpercentage applicable report card measures set forth in section 3302.03 49 or 3314.017 of theeach Revisedactive Code,ingredient, bytogether whichwith the successtotal percentage of theinert 50ingredients. school will be evaluated by the sponsor;

51When (5)the Thepesticide admissioncontains standardsarsenic ofin sectionany 3314.06form, of the 52ingredient Revisedstatement Codeshall and,include ifpercentages applicable,of sectiontotal 3314.061and ofwater thesoluble Revisedarsenic, 53each Code;calculated as elemental arsenic.

54(AA) (6)(a)"Insect" Dismissalmeans procedures;any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, including, but not limited to, beetles, bugs, bees, and flies, and to other allied classes of arthropods, including, but not limited to, spiders, mites, ticks, centipedes, and wood lice.

55(BB) (b)"Integrated Apest requirementmanagement" thatmeans the governing authority adopt an 56 attendance policy that includes a proceduresustainable forapproach automaticallyto 57managing withdrawingpests aby studentcombining frombiological, thecultural, schoolphysical, ifand thechemical studenttools withoutin a 58way legitimatethat excuseminimizes failseconomic, tohealth, participateand inenvironmental seventy-tworisks. 59 consecutive hours of the learning opportunities offered to the 60 student.

61(CC) (7)"Label" Themeans waysthe bywritten, whichprinted, theor schoolgraphic willmatter achieveon, racialor andattached 62to ethnicthe balancepesticide reflectiveor device, or any of theits communitycontainers itor serves;wrappers.

63(DD) (8)"Labeling" Requirementsmeans forall financiallabels auditsand byother thewritten, auditorprinted, ofor 64graphic state.matter:

The(1) contractAccompanying shall require financial records of the 65pesticide schoolproduct toor bedevice maintainedat inany thetime; same manner as are financial 66 records of school districts, pursuant to rules of the auditor of 67 state.

Audits(2) shallTo bewhich conductedreference is made on the label or in accordanceliterature withaccompanying sectionthe 68pesticide 117.10product or device, except when accurate, nonmisleading reference is made to current official publications of the RevisedUnited Code.States environmental protection agency, the United States department of agriculture or interior, the United States department of health and human services, state experiment stations, state agricultural colleges, or other similar federal or state institutions or official agencies, authorized by law to conduct research in the field of pesticides;

69(3) H.Including all brochures, technical and sales bulletins, and all advertising material.

(EE) "Licensure" includes certification as used in the federal act.

(FF) "Misbranded" applies, if the conditions of either division (FF)(1) or (2) of this section are satisfied as follows:

(1) To any pesticide or device, if at least one of the following occurs:

(a) Its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients that is false or misleading in any particular.

(b) It is an imitation of or is distributed under the name of another pesticide or device.

(c) Any word, statement, or other information required to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(2) To any pesticide, if at least one of the following occurs:

(a) The labeling of a restricted use pesticide does not contain a statement that it is a restricted use pesticide.

(b) The labeling accompanying it does not contain directions for use that are necessary for Sub.

H.

10 Page136th 4G.A. As Passed by the House (9) An addendum to the contract outlining the facilities 70 to be used that contains at least the following information:

71effecting (a)the Apurpose detailedfor descriptionwhich ofthe eachpesticide facilityis usedintended forand, 72if instructionalcomplied purposes;with, together with any requirements imposed by the federal act, that are adequate to protect the environment.

73(c) (b) The annuallabel costsdoes associatednot withbear leasingall each facility 74 that are paid by or on behalf of the school;following:

75(i) (c) The annualname, mortgagebrand, principalor andtrademark interestunder paymentswhich 76the thatpesticide areis paiddistributed; by the school;

77(ii) (d)An Theingredient namestatement on the part of the lenderimmediate orcontainer landlord,and identifiedon asthe 78outside such,container and wrapper of the lender'sretail package, if any, through which the ingredient statement on the immediate container cannot be clearly read, which is presented or landlord'sdisplayed relationshipunder tocustomary conditions of purchase, provided that the 79ingredient operator,statement ifmay any.appear prominently on another part of the container as permitted by the amended federal act or by the director;

80(iii) (10)A Qualificationswarning ofor employees,caution includingstatement boththat ofmay be necessary and that, if complied with together with any requirement imposed under the 81federal following:act, would be adequate to protect the environment;

82(iv) (a)The Anet requirementweight thator themeasure school'sof classroomthe teacherscontents, besubject 83to licensedsuch inreasonable accordancevariations withas sectionsthe 3319.22administrator to 3319.31 of the 84United RevisedStates Code,environmental exceptprotection thatagency a community school may engage 85 noncertificated persons to teach up to twelve hours or fortythe 86director hours per week pursuant to section 3319.301 of theagriculture Revisedmay Code;permit;

87(v) (b)The Aname prohibitionand againstaddress the school employing an 88 individual described in section 3314.104 of the Revisedmanufacturer, Coderegistrant, inor 89person anyfor position.whom manufactured;

90(vi) (11)The ThatUnited States environmental protection agency registration number assigned to each establishment in which the schoolpesticide willwas complyproduced withand the followingagency 91registration requirements:number assigned to it, as required by regulations under the federal act.

92(d) (a) The schoolpesticide willcontains provideany learningsubstance opportunitiesor tosubstances ain 93quantities minimumhighly oftoxic twenty-fiveto studentshuman forbeings aunless minimumthe oflabel ninebears, hundredin 94addition twentyto hoursother perlabel schoolrequirements, year.all of the following:

95(i) (b) The governingskull authorityand willcrossbones; purchase liability 96 H.

(ii) The word "poison" in red prominently displayed on a background of distinctly contrasting color;

(iii) A statement of an antidote or a practical or emergency medical treatment, first aid or otherwise, in case of poisoning by the pesticide.

(e) It is contained in a package or other container or wrapping that does not conform to the standard established by the administrator of the United States environmental protection agency.

(GG) "Nematodes" means invertebrate animals of the phylum nemathelminthes and class nematoda, which are unsegmented, round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and that inhabit soil, water, plants, or plant parts and also may be called nema or eel-worms.

(HH) "Pest" means a harmful, destructive, or nuisance insect, fungus, rodent, nematode, bacterium, bird, snail, weed, or parasitic plant or a harmful or destructive form of plant or animal life or virus, or any plant or animal species that the director declares to be a pest, except viruses, bacteria, or other microorganisms on or in living animals, including human beings.

(II) "Pesticide" means any substance or mixture of substances intended for either of the following:

Sub.

H.

10 Page136th 5G.A. As Passed by the House insurance, or otherwise provide for the potential liability of 97 the school.

98(1) (c)Preventing, Thedestroying, schoolrepelling, will be nonsectarian in its programs, 99 admission policies, employment practices, and all other 100 operations, and will not be operated by a sectarian school or 101mitigating religiousany institution.pest;

102(2) (d)Use Theas schoola willplant complyregulator, withdefoliant, sectionsor 9.90,desiccant. 9.91, 103 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 104 3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.948, 3302.037, 105 3313.472, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 106 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 107 3313.6024, 3313.6025, 3313.6026, 3313.6028, 3313.6029, 3313.643, 108 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 109 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 110 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 111 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 112 3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 113 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 114 3319.078, 3319.0812, 3319.238, 3319.318, 3319.321, 3319.324, 115 3319.39, 3319.391, 3319.393, 3319.41, 3319.46, 3319.614, 116 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.13, 117 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24, 118 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 119 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 120 4123., 4141., and 4167.

of"Pesticide" theincludes Revised Code as if it were a 121pest schoolmonitoring districtsystem anddesignated willby complyrule. with section 3301.0714 of the 122 Revised Code in the manner specified in section 3314.17 of the 123 Revised Code.

124(JJ) (e)"Pesticide Thedealer" schoolmeans shallany complyperson withwho Chapterdistributes 102.restricted use pesticides or pesticides whose uses or distribution are further restricted by the director to the ultimate user or to a commercial applicator who is employed by that pesticide dealer.

and(KK) section"Pesticide 125business" 2921.42means ofa theperson Revisedwho Code.performs pesticide business activities.

126(LL) H."Pesticide business activities" means any of the following:

(1) The application of pesticides to the property of another for hire;

(2) The solicitation to apply pesticides;

(3) The conducting of authorized diagnostic inspections.

(MM) "Pesticide-use category" means a specialized field of pesticide application or of diagnostic inspection as defined by rule.

(NN) "Plant regulator" means any substance or mixture of substances, intended, through physiological action, for accelerating or retarding the growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

(OO) "Product name" means a coined or specific designation applied to an individual pesticide of a fixed combination and derivation.

(PP) "Registrant" means a person who has registered a pesticide under this chapter.

(QQ) "Restricted use pesticide" means any pesticide or pesticide use classified by the administrator of the United States environmental protection agency for use only by a pesticide applicator or by an individual who is trained in accordance with standards prescribed by the director under section 921.16 of the Revised Code and who is working under the direct supervision of a pesticide applicator.

(RR) "Rule" means a rule adopted under section 921.16 of the Revised Code.

(SS) "Sell or sale" means exchange of ownership or transfer of custody.

(TT) "State restricted use pesticide" means any pesticide or pesticides classified by the director subsequent to a hearing held in accordance with Chapter 119.

of the Revised Code for use only by pesticide applicators or individuals who are trained in accordance with standards prescribed by the director under section 921.16 of the Revised Code and who are working under their direct supervision.

(UU) "Unreasonable adverse effects on the environment" means any unreasonable risk to human beings or the environment taking into account the economic, social, and environmental benefits and costs of the use of any pesticide.

(VV) "Trained serviceperson" means an employee of a pesticide business, other business, agency of the United States government, state agency, or political subdivision who has been trained Sub.

H.

10 Page136th 6G.A. As Passed by the House (f) The school will comply with sections 3313.61, 127 3313.611, 3313.614, 3313.617, 3313.618, and 3313.6114 of the 128 Revised Code, except that for students who enter ninth grade for 129 the first time before July 1, 2010, the requirement in sections 130 3313.61 and 3313.611 of the Revised Code that a person must 131 successfully complete the curriculum in any high school prior to 132 receiving a high school diploma may be met by completing the 133 curriculum adopted by the governing authority of the community 134 school rather than the curriculum specified in Title XXXIII of 135 the Revised Code or any rules of the department.

Beginning with 136 students who enter ninth grade for the first time on or after 137 July 1, 2010, the requirement in sections 3313.61 and 3313.611 138 of the Revised Code that a person must successfully complete the 139 curriculum of a high school prior to receivingapply ageneral highuse schooldo 140either diploma shall be met by completing the requirements prescribed 141 in section 3313.6027 and division (C) of section 3313.603 of the 142following: Revised Code, unless the person qualifies under division (D) or 143 (F) of that section.

Each(1) schoolApply shallpesticides complywhile withunder the plandirect forsupervision 144 awarding high school credit based on demonstration of subjecta 145commercial areaapplicator; competency, and beginning with the 2017-2018 school year, 146 with the updated plan that permits students enrolled in seventh 147 and eighth grade to meet curriculum requirements based on 148 subject area competency adopted by the department under 149 divisions (J)(1) and (2) of section 3313.603 of the Revised 150 Code.

Beginning(2) withUse therestricted 2018-2019use schoolpesticides year,after thebeing schooltrained shallin 151accordance comply with thestandards frameworkprescribed forby grantingthe unitsdirector ofunder highsection school921.16 152of creditthe toRevised studentsCode whoand demonstratewhile subjectworking areaunder competency 153 through work-based learning experiences, internships, or 154 cooperative education developed by the departmentdirect undersupervision division 155 (J)(3) of sectiona 3313.603commercial ofapplicator. the Revised Code.

156(WW) (g)"Weed" Themeans schoolany governingplant authoritythat willgrows submitwhere withinnot fourwanted. 157 H.

(XX) "Wildlife" means all living things that are neither human, domesticated, or pests, including, but not limited to, mammals, birds, and aquatic life.

(YY) "Trade secret" and "confidential business information" mean any formula, plan, pattern, process, tool, mechanism, compound, procedure, production date, or compilation of information that is not patented, that is known only to certain individuals within a commercial concern, and that gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

(ZZ) "Immediate family" means familial relationships limited to a person's spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons- in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in- law, aunts, uncles, nieces, nephews, and first cousins.

(AAA) "First cousin" means the child of a parent's sibling.

Sec.

921.06.

(A)(1) No individual shall do any of the following without having a commercial applicator license issued by the director of agriculture:

(a) Apply pesticides for a pesticide business without direct supervision;

(b) Apply pesticides as part of the individual's duties while acting as an employee of the United States government, a state, county, township, or municipal corporation, or a park district, port authority, or sanitary district created under Chapter 1545., 4582., or 6115.

of the Revised Code, respectively;

(c) Apply restricted use pesticides.

Division (A)(1)(c) of this section does not apply to a private applicator or an immediate family member or a subordinate employee of a private applicator who is trained in accordance with standards prescribed by the director under section 921.16 of the Revised Code and who is acting under the direct supervision of that private applicator.

(d) If the individual is the owner of a business other than a pesticide business or an employee of such an owner, apply pesticides at any of the following publicly accessible sites that are located on the property:

(i) Food service operations that are licensed under Chapter 3717.

of the Revised Code;

(ii) Retail food establishments that are licensed under Chapter 3717.

of the Revised Code;

(iii) Golf courses;

(iv) Rental properties of more than four apartment units at one location;

(v) Hospitals or medical facilities as defined in section 3701.01 of the Revised Code;

(vi) Child care centers or licensed school child programs as defined in section 5104.01 of the Sub.

H.

10 Page136th 7G.A. As Passed by the House months after the end of each school year a report of its 158 activities and progress in meeting the goals and standards of 159 divisions (A)(3) and (4) of this section and its financial 160 status to the sponsor and the parents of all students enrolled 161 in the school.

162 (h) The school, unless it is an internet- or computer- 163 based community school, will comply with section 3313.801 of the 164 Revised CodeCode; as if it were a school district.

165(vii) (i)Facilities Ifowned theor schooloperated isby the recipient of moneys from a grantschool 166district awardedestablished under theChapter federal3311. race to the top program, Division (A), 167 Title XIV, Sections 14005 and 14006 of the "American Recovery 168 and Reinvestment Act of 2009," Pub.

L.of the Revised Code, including an educational service center, a community school established under Chapter 3314.

of the Revised Code, or a chartered or nonchartered nonpublic school that meets minimum standards established by the director of education and workforce;

(viii) State institutions of higher education as defined in section 3345.011 of the Revised Code, nonprofit institutions holding a certificate of authorization pursuant to Chapter 1713.

of the Revised Code, institutions holding a certificate of registration from the state board of career colleges and schools and program authorization for an associate or bachelor's degree program issued under section 3332.05 of the Revised Code, and private institutions exempt from regulation under Chapter 3332.

of the Revised Code as prescribed in section 3333.046 of the Revised Code;

(ix) Food processing establishments as defined in section 3715.021 of the Revised Code;

(x) Any other site designated by rule.

(e) Conduct authorized diagnostic inspections.

(2) Divisions (A)(1)(a) to (d) of this section do not apply to an individual who is acting as a trained serviceperson under the direct supervision of a commercial applicator.

(3) Licenses shall be issued for a period of time established by rule and shall be renewed in accordance with deadlines established by rule.

The fee for each such license shall be established by rule.

If a license is not issued or renewed, the application fee shall be retained by the state as payment for the reasonable expense of processing the application.

The director shall by rule classify by pesticide-use category licenses to be issued under this section.

A single license may include more than one pesticide-use category.

No individual shall be required to pay an additional license fee if the individual is licensed for more than one category.

The fee for each license or renewal does not apply to an applicant who is an employee of the department of agriculture whose job duties require licensure as a commercial applicator as a condition of employment.

(B) Application for a commercial applicator license shall be made on a form prescribed by the director.

Each application for a license shall state the pesticide-use category or categories of license for which the applicant is applying and other information that the director determines essential to the administration of this chapter.

(C)(1) Except as provided in division (C)(2) of this section, if the director finds that the applicant is competent to apply pesticides and conduct diagnostic inspections and that the applicant has passed both the general examination and each applicable pesticide-use category examination as required under division (A) of section 921.12 of the Revised Code, the director shall issue a commercial applicator license limited to the pesticide-use category or categories for which the applicant is found to be competent.

If the director rejects an application, the director may explain why the application was rejected, describe the additional requirements necessary for the applicant to obtain a license, and return the application.

The applicant may resubmit the application without Sub.

H.

B.

111-5,10 123136th Stat.G.A.

115,payment 169 the school will pay teachers based upon performance in 170 accordance with section 3317.141 and will comply with section 171 3319.111 of theany Revisedadditional Codefee. as if it were a school district.

172(2) (j)The Ifdirector theshall schoolissue operates a preschoolcommercial programapplicator thatlicense isin 173accordance licensed by the department under sections 3301.52 to 3301.59 of 174 the Revised Code, the school shall comply with sectionsChapter 3301.504796. 175 to 3301.59 of the Revised Code and the minimum standards for 176 preschool programs prescribed in rules adopted by the department 177 of children and youth under section 3301.53 of the Revised Code.

178 (k) The school will comply with sections 3313.6021 and 179 3313.6023 of the Revised Code asto ifan itindividual wereif a school district 180 unless it is either of the following:following applies:

181(a) (i)The Anindividual internet-holds ora computer-basedcommercial communityapplicator school;license in another state.

182(b) (ii)The Aindividual communityhas schoolsatisfactory inwork whichexperience, a majoritygovernment ofcertification, theor 183a enrolledprivate studentscertification areas childrendescribed within disabilitiesthat chapter as describeda incommercial 184applicator divisionin (B)(2)a ofstate sectionthat 3314.35does ofnot theissue Revisedthat Code.license.

185A (l)license Theissued schoolunder willthis complydivision withshall sectionbe 3321.191limited ofto the 186pesticide-use H.category or categories for which the applicant is licensed in another state or has satisfactory work experience, a government certification, or a private certification in that state.

(D)(1) A person who is a commercial applicator shall be deemed to hold a private applicator's license for purposes of applying pesticides on agricultural commodities that are produced by the commercial applicator.

(2) A commercial applicator shall apply pesticides only in the pesticide-use category or categories in which the applicator is licensed under this chapter.

(E) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.

Sec.

921.11.

(A) As used in this section, "use" means any of the following:

(1) Performing pre-application activities involving mixing and loading the pesticide;

(2) Applying the pesticide by a commercial applicator or private applicator, including supervising the use of a pesticide by a noncertified applicator;

(3) Performing other pesticide-related activities, including transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.

(B) No individual shall use restricted use pesticides unless the individual is one of the following:

(1) Licensed under section 921.06 of the Revised Code;

(2) Licensed under division (C)(D) of this section;

(3) A trained serviceperson who is trained in accordance with standards prescribed by the director under section 921.16 of the Revised Code and who is acting under the direct supervision of a commercial applicator;

(4) An immediate family member or a subordinate employee of a private applicator who is trained in accordance with standards prescribed by the director under section 921.16 of the Revised Code and who is acting under the direct supervision of that private applicator.

(C)(1) Subject to division (C)(2)(C) No individual shall directly supervise the application of a restricted use pesticide unless the individual is one of the following:

(1) Licensed under section 921.06 of the Revised Code;

(2) Licensed under division (D) of this section.

Sub.

H.

10 Page136th 8G.A. As Passed by the House Revised Code, unless it is an internet- or computer-based 187 community school that is subject to section 3314.261 of the 188 Revised Code.

189(D)(1) (12)Subject Arrangementsto fordivision providing(D)(2) healthof andthis othersection, benefitsthe 190director of agriculture shall adopt rules to employees;establish standards and procedures for the licensure of private applicators.

191An (13)individual Theshall lengthapply offor thea contract,private whichapplicator shalllicense beginto at the 192director, beginningon offorms anprescribed academicby year.the director.

NoThe contractindividual shall exceedinclude fivein 193the yearsapplication unlessthe suchpesticide-use contractcategory hasor beencategories renewedof pursuantthe tolicense divisionfor 194which (E)the individual is applying and any other information that the director determines is essential to the administration of this section.chapter.

195 (14) The governingfee authorityfor ofeach thelicense school, which shall be 196established responsibleby forrule. carrying out the provisions of the contract;

197Licenses (15)shall Abe financialissued plan detailing an estimated school budget 198 for eacha yearperiod of thetime periodestablished ofby therule contract and specifyingshall thebe 199renewed totalin estimatedaccordance perwith pupildeadlines expenditureestablished amountby forrule. each such year.

200If (16)a Requirementslicense andis proceduresnot regardingissued theor dispositionrenewed, 201 of employees of the schoolstate inshall theretain eventany thefee contractsubmitted isas 202payment terminatedfor orreasonable notexpenses renewed pursuant to section 3314.07 of processing the 203application. Revised Code;

204(2) (17)The Whetherdirector theshall schoolissue is to be created by converting all 205 or part of an existing public school or educational service 206 center building or is to be a newprivate start-upapplicator school,license andin ifaccordance it is 207 a converted public school or service center building, 208 specification of any duties or responsibilities of an employer 209 that the board of education or service center governing board 210 that operated the school or building before conversion is 211 delegating to the governing authority of the community school 212 with respectChapter to4796. all or any specified group of employees provided 213 the delegation is not prohibited by a collective bargaining 214 agreement applicable to such employees;

215of H.the Revised Code to an individual if either of the following applies:

(a) The individual holds a private applicator license in another state.

(b) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as a private applicator in a state that does not issue that license.

A license issued under this division shall be limited to the pesticide-use category or categories for which the applicant is licensed in another state or has satisfactory work experience, a government certification, or a private certification in that state.

(D)(E) An individual who is licensed under this section shall use or directly supervise the use of a restricted use pesticide only for the purpose of producing agricultural commodities on property that is owned or rented by the individual or the individual's employer.

(E)(F) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.

Sec.

921.16.

(A) The director of agriculture shall adopt rules the director determines necessary for the effective enforcement and administration of this chapter.

The rules may relate to, but are not limited to, the time, place, manner, and methods of application, materials, and amounts and concentrations of application of pesticides, may restrict or prohibit the use of pesticides in designated areas during specified periods of time, and shall encompass all reasonable factors that the director determines necessary to minimize or prevent damage to the environment.

In addition, the rules shall establish the deadlines and time periods for registration, registration renewal, late registration renewal, and failure to register under section 921.02 of the Revised Code;

the fees for registration, registration renewal, late registration renewal, and failure to register under section 921.02 of the Revised Code that shall apply until the fees that are established under that section take effect on January 1, 2007;

and the fees, deadlines, and time periods for licensure and license renewal under sections 921.06, 921.09, 921.11, and 921.13 of the Revised Code.

(B) The director shall adopt rules that establish a schedule of civil penalties for violations of this chapter, or any rule or order adopted or issued under it, provided that the civil penalty for a first violation shall not exceed five thousand dollars and the civil penalty for each subsequent violation Sub.

H.

10 Page136th 9G.A. As Passed by the House (18) Provisions establishing procedures for resolving 216 disputes or differences of opinion between the sponsor and the 217 governing authority of the community school;

218shall (19)not Aexceed provisionten requiringthousand thedollars. governing authority to 219 adopt a policy regarding the admission of students who reside 220 outside the district in which the school is located.

ThatIn policydetermining 221the shallamount complyof witha thecivil admissionspenalty proceduresfor specifieda inviolation, 222the sectionsdirector 3314.06shall andconsider 3314.061factors relevant to the severity of the Revisedviolation, Codeincluding and,past atviolations and the 223amount soleof discretionactual ofor thepotential authority,damage shallto dothe oneenvironment ofor theto following:human beings.

224All (a)money Prohibitcollected theunder enrollmentthis ofdivision studentsshall whobe residecredited outsideto 225 the districtpesticide, fertilizer, and lime program fund created in whichsection the921.22 schoolof isthe located;Revised Code.

226(C) (b)The Permitdirector theshall enrollmentadopt ofrules studentsthat whoset resideforth in 227 districts adjacent to the districtconditions inunder which the schooldirector: is 228 located;

229(1) (c)Requires Permitthat thenotice enrollmentor ofposting studentsbe whogiven resideof ina anyproposed 230application otherof districta inpesticide; the state.

231(2) (20)Requires Ainspection, provisioncondemnation, recognizingor therepair authority of theequipment 232used department to takeapply overa thepesticide; sponsorship of the school in 233 accordance with the provisions of division (C) of section 234 3314.015 of the Revised Code;

235(3) (21)Will Asuspend, provisionrevoke, recognizingor therefuse sponsor's authority to 236issue assumeany thepesticide operationregistration offor a schoolviolation under the conditions specified 237 in division (B) of sectionthis 3314.073chapter; of the Revised Code;

238(4) (22)Requires Asafe provisionhandling, recognizingtransportation, bothstorage, display, distribution, and disposal of thepesticides following:and their containers;

239(5) (a)Ensures Thethe authorityprotection of publicthe health and safety officialsof toagricultural 240workers inspectstoring, thehandling, facilitiesor ofapplying thepesticides, school and toall orderresidents theof facilitiesagricultural 241labor closedcamps, ifas thosethat officialsterm findis thatdefined in section 3733.41 of the facilitiesRevised areCode, notwho inare 242living complianceor withworking healthin andthe safetyvicinity lawsof andpesticide-treated regulations;areas;

243(6) H.Requires a record to be kept of all pesticide applications made by each commercial applicator and of all general use applications made by any trained serviceperson acting under the commercial applicator's direct supervision and of all restricted use pesticide applications made by each private applicator and by any immediate family member or subordinate employee of that private applicator who is acting under the private applicator's direct supervision as required under section 921.14 of the Revised Code;

(7) Determines the pesticide-use categories of diagnostic inspections that must be conducted by a commercial applicator;

(8) Requires a record to be kept of all diagnostic inspections conducted by each commercial applicator and by any trained service person.

(D) The director shall prescribe standards for the licensure of applicators of pesticides and the training of those supervised by commercial applicators or private applicators in the use of restricted use pesticides consistent with those prescribed by the federal act and the regulations adopted under it or prescribe standards that are more restrictive than those prescribed by the federal act and the regulations adopted under it.

The standards may relate to the use of a pesticide or to an individual's pesticide-use category.

The director shall take into consideration standards of the United States environmental protection agency.

(E) The director may adopt rules setting forth the conditions under which the director will:

(1) Collect and examine samples of pesticides or devices;

(2) Specify classes of devices that shall be subject to this chapter;

(3) Prescribe other necessary registration information.

(F) The director may adopt rules that do either or both of the following:

Sub.

H.

10 Page136th 10G.A. As Passed by the House (b) The authority of the department as the community 244 school oversight body to suspend the operation of the school 245 under section 3314.072 of the Revised Code if the department has 246 evidence of conditions or violations of law at the school that 247 pose an imminent danger to the health and safety of the school's 248 students and employees and the sponsor refuses to take such 249 action.

250(1) (23)Designate, Ain descriptionaddition ofto thethose learningrestricted opportunitiesuses thatso willclassified 251by bethe offeredadministrator toof studentsthe includingUnited bothStates classroom-basedenvironmental andprotection non-agency, 252restricted classroom-baseduses learningof opportunitiespesticides thatfor isthe instate complianceor 253 with criteria for studentdesignated participationareas establishedwithin by the 254state departmentand, underif divisionthe (H)(2)director ofconsiders sectionit 3314.08necessary, ofto thefurther 255restrict Revisedsuch Code;use;

256(2) (24)Define Thewhat schoolconstitutes will"acting complyunder withthe sectionsinstructions 3302.04 and 257control 3302.041 of thea Revisedcommercial Code,applicator" exceptas thatused anyin actionthe requireddefinition toof 258"direct besupervision" takenin bydivision a(Q) schoolof districtsection pursuant921.01 to those sections shall 259 be taken by the sponsor of the school.Revised Code.

260In (25)adopting Beginninga inrule theunder 2006-2007division school(F)(2) year,of thethis schoolsection, 261the willdirector openshall forconsider operationthe notfactors laterassociated thanwith the thirtiethuse day of 262pesticide Septemberin each school year, unless the missionvarious ofpesticide-use thecategories. school as 263 specified under division (A)(2) of this section is solely to 264 serve dropouts.

InBased itson initialconsideration year of operation,the iffactors, the schooldirector 265may failsdefine to"acting openunder by the thirtiethinstructions dayand ofcontrol September, or within one 266 year after the adoption of thea contractcommercial pursuantapplicator" to divisioninclude (D)communications 267between ofa sectioncommercial 3314.02applicator ofand thea Revisedtrained Codeserviceperson ifthat theare missionconducted ofvia thelandline 268telephone schoolor isa solelymeans toof servewireless dropouts,communication. the contract shall be void.

269Any (26)rules Whetheradopted theunder school'sdivision governing(F)(2) authorityof isthis planningsection 270shall tobe seekdrafted designationin forconsultation thewith schoolrepresentatives as a STEM school equivalent 271 under section 3326.032 of the Revisedpesticide Code;industry.

272(G) H.Except as provided in division (D) of this section, the director shall not adopt any rule under this chapter that is inconsistent with the requirements of the federal act and regulations adopted thereunder.

(H) The director, after notice and opportunity for hearing, may declare as a pest any form of plant or animal life, other than human beings and other than bacteria, viruses, and other microorganisms on or in living human beings or other living animals, that is injurious to health or the environment.

(I) The director may make reports to the United States environmental protection agency, in the form and containing the information the agency may require.

(J) The director shall adopt rules for the application, use, storage, and disposal of pesticides if, in the director's judgment, existing programs of the United States environmental protection agency necessitate such rules or pesticide labels do not sufficiently address issues or situations identified by the department of agriculture or interested state agencies.

(K) The director shall adopt rules establishing all of the following:

(1) Standards, requirements, and procedures for the examination and re-examination of commercial applicators and private applicators;

(2) With respect to training programs that the director may require commercial applicators and private applicators to complete:

(a) Standards and requirements that a training program must satisfy in order to be offered by the director or the director's representative or in order to be approved by the director if a third party wishes to offer it;

(b) Eligibility standards and requirements that must be satisfied by third parties who wish to provide the training programs;

(c) Procedures that third parties must follow in order to submit a proposed training program to the director for approval;

Sub.

H.

10 Page136th 11G.A. As Passed by the House (27) That the school's attendance and participation 273 policies will be available for public inspection;

274(d) (28)Criteria Thatthat the school'sdirector attendancemust andconsider participationwhen 275determining recordswhether shall be made available to theauthorize department,a auditorcommercial ofapplicator 276or state,private andapplicator school's sponsor to theparticipate extent permitted under and in 277a accordancetraining withprogram theinstead "Familyof Educationalbeing Rightsrequired andto Privacypass Acta 278re-examination. of 1974," 88 Stat.

571,(3) 20Training U.S.C.requirements for a trained serviceperson.

1232g,(L) asThe amended,director andshall anyadopt 279all regulationsrules promulgated under thatthis act,chapter andin sectionaccordance 3319.321with ofChapter 280119. the Revised Code;

281 (29) If a school operates using the blended learning 282 model, as defined in section 3301.079 of the Revised Code,Code. all 283 of the following information:

284Sec. (a) An indication of what blended learning model or models 285 will be used;

286921.24. (b) A description of how student instructional needs will 287 be determined and documented;

288No (c)person Theshall methoddo toany beof usedthe forfollowing: determining competency, 289 granting credit, and promoting students to a higher grade level;

290(A) (d)Apply, Theuse, school'sdirectly attendancesupervise requirements,such includingapplication howor 291use, or recommend a pesticide for use inconsistent with the schoolpesticide's willlabeling, documenttreatment participationstandards, inor learningother 292restrictions opportunities;imposed by the director of agriculture;

293(B) (e)Act Aas statementa describingcommercial howapplicator studentwithout progressbeing willlicensed beto 294do monitored;so;

295(C) (f)Use Aany statementrestricted describinguse howpesticide, privateunless studentthe dataperson willis 296licensed beone protected;of the following:

297(1) (g)Licensed Ato descriptiondo ofso theunder professionalthis developmentchapter; 298 activities that will be offered to teachers.

299(2) H.A trained serviceperson who is trained in accordance with standards prescribed by the director under section 921.16 of the Revised Code and who is acting under the direct supervision of a commercial applicator;

(3) An immediate family member or a subordinate employee of a private applicator who is trained in accordance with standards prescribed by the director under section 921.16 of the Revised Code and who is acting under the direct supervision of that private applicator.

(D) Refuse or fail to keep or maintain records required by the director in rules adopted under this chapter, or to make reports when and as required by the director in rules adopted under this chapter;

(E) Falsely or fraudulently represent the effect of pesticides or methods to be utilized;

(F) Apply known ineffective or improper materials;

(G) Operate in a negligent manner, which includes the operation of faulty or unsafe equipment;

(H) Impersonate any federal, state, county, or municipal official;

(I) Make false or fraudulent records, invoices, or reports;

(J) Fail to provide training to trained servicepersons in the application of general use or restricted use pesticides, as applicable;

(K) Fail to provide direct supervision as specified in rules adopted under division (C) of section 921.16 of the Revised Code;

(L) Distribute a misbranded or adulterated pesticide;

(M) Use fraud or misrepresentation in making application for a license or registration or renewal of a license or registration;

(N) Refuse, fail, or neglect to comply with any limitation or restriction of a license or registration issued under this chapter or rules adopted thereunder;

(O) Aid or abet a licensee or another person in violating this chapter or rules adopted Sub.

H.

10 Page136th 12G.A. As Passed by the House (30) A provision requiring that all moneys the school's 300 operator loans to the school, including facilities loans or cash 301 flow assistance, must be accounted for, documented, and bear 302 interest at a fair market rate;

303thereunder; (31) A provision requiring that, if the governing 304 authority contracts with an attorney, accountant, or entity 305 specializing in audits, the attorney, accountant, or entity 306 shall be independent from the operator with which the school has 307 contracted.

308(P) (32)Make A provision requiring the governing authority to 309 adopt an enrollment and attendance policy that requires a 310false student'sor parentmisleading tostatement notify the community school in whichan theinspection 311concerning studentany isinfestation enrolledof whenpests thereor is a change in the locationuse of 312pesticides; the parent's or student's primary residence.

313(Q) (33)Refuse Aor provisionfail requiring the governing authority to 314comply adoptwith athis studentchapter, residencethe andrules addressadopted verificationthereunder, policyor forany 315lawful studentsorder enrollingof in or attending the school.director;

316(R) (B)Distribute Therestricted communityuse schoolpesticides shall also submit to the sponsorultimate 317user without a comprehensivepesticide plandealer's forlicense; the school.

The(S) planExcept shallas specifyprovided in division (F) of section 921.26 of the 318Revised following:Code, distribute restricted use pesticides to an ultimate user who is not licensed under section 921.06 or 921.11 of the Revised Code and rules adopted under this chapter;

319(T) (1)Use Theany processpesticide bythat whichis theunder governingan authorityexperimental ofuse thepermit 320contrary schoolto willthe beprovisions selectedof in the future;permit;

321(U) (2)Engage Thein managementfraudulent andbusiness administrationpractices; of the school;

322(V) (3)Dispose Ifof theany communitypesticide schoolproduct is a currently existing public 323 school or educationalcontainer servicein centersuch building,a alternativemanner 324as arrangements for current public school students who choose not 325 to attendhave theunreasonable convertedadverse schooleffects andon for teachers who choose not 326 to teach in the schoolenvironment; or building after conversion;

327(W) H.Display any pesticide in any manner to produce unreasonable adverse effects on the environment, or to contaminate adjacent food, feed, or other products;

(X) Apply any pesticide by aircraft without being licensed as a commercial applicator;

(Y) Distribute a pesticide that is not registered with the director;

(Z) Fail to properly supervise a trained serviceperson.

Sec.

943.26.

The animal and consumer protection fund is created in the state treasury.

The fund shall consist of livestock dealer or broker fees and civil penalties collected under this chapter, all money collected through the issuance of licenses to captive whitetail deer licensees under this chapter and any other money credited to it under the Revised Code.

The director of agriculture shall use money in the fund to administer sections 943.20 to 943.26 of the Revised Code this chapter and rules and Chapters 904., 935., and 942.

of the Revised Code and rules adopted under those chapters.

Sec.

3313.8110.

(A) The board of education of each city, exempted village, local, and joint vocational school district shall adopt a policy to prevent the purchase of a food that is either of the following:

(1) Misbranded as a meat product or an egg product as prohibited in section 3715.602 of the Revised Code;

(2) A cultivated-protein food product as defined in section 3715.601 of the Revised Code.

(B) The department of education and workforce shall adopt a policy to prevent the purchase of a food that is either of the following:

(1) Misbranded as a meat product or an egg product as prohibited in section 3715.602 of the Revised Code;

(2) A cultivated-protein food product.

Sec.

3314.03.

A copy of every contract entered into under this section shall be filed with the Sub.

H.

10 Page136th 13G.A. As Passed by the House (4) The instructional program and educational philosophy 328 of the school;

329director (5)of Internaleducation financialand controls.workforce.

330The Whendepartment submittingof theeducation planand underworkforce thisshall division,make theavailable schoolon 331its shallweb alsosite submita copiescopy of allevery policiesapproved, andexecuted procedurescontract 332filed regardingwith internal financial controls adopted by the governingdirector 333under authoritythis ofsection. the school.

334(A) (C)Each A contract entered into under section 3314.02 of the 335 Revised Code between a sponsor and the governing authority of a 336 community school mayshall providespecify for the communityfollowing: school governing 337 authority to make payments to the sponsor, which is hereby 338 authorized to receive such payments as set forth in the contract 339 between the governing authority and the sponsor.

The(1) totalThat 340 amount of such payments for monitoring, oversight, and technical 341 assistance of the school shall notbe exceedestablished threeas pereither cent of the 342following: total amount of payments for operating expenses that the school 343 receives from the state.

344(a) (D)A Thenonprofit contractcorporation shallestablished specify the duties of the sponsor 345 which shall be in accordance with the written agreement entered 346 into with the department under divisionChapter (B)1702. of section 3314.015 347 of the Revised Code and shall include the following:

348of (1) Monitor the communityRevised school'sCode, complianceif withestablished allprior 349 laws applicable to theApril school8, and2003; with the terms of the 350 contract;

351(b) (2)A Monitorpublic andbenefit evaluatecorporation theestablished academicunder andChapter fiscal1702. 352 performance and the organization and operation of the community 353 school on at least an annual basis;

354of (3) Provide technical assistance to the communityRevised schoolCode, 355if inestablished complyingafter withApril laws8, applicable2003. to the school and terms of the 356 H.

(2) The education program of the school, including the school's mission, the characteristics of the students the school is expected to attract, the ages and grades of students, and the focus of the curriculum;

(3) The academic goals to be achieved and the method of measurement that will be used to determine progress toward those goals, which shall include the statewide achievement assessments;

(4) Performance standards, including but not limited to all applicable report card measures set forth in section 3302.03 or 3314.017 of the Revised Code, by which the success of the school will be evaluated by the sponsor;

(5) The admission standards of section 3314.06 of the Revised Code and, if applicable, section 3314.061 of the Revised Code;

(6)(a) Dismissal procedures;

(b) A requirement that the governing authority adopt an attendance policy that includes a procedure for automatically withdrawing a student from the school if the student without a legitimate excuse fails to participate in seventy-two consecutive hours of the learning opportunities offered to the student.

(7) The ways by which the school will achieve racial and ethnic balance reflective of the community it serves;

(8) Requirements for financial audits by the auditor of state.

The contract shall require financial records of the school to be maintained in the same manner as are financial records of school districts, pursuant to rules of the auditor of state.

Audits shall be conducted in accordance with section 117.10 of the Revised Code.

(9) An addendum to the contract outlining the facilities to be used that contains at least the following information:

(a) A detailed description of each facility used for instructional purposes;

(b) The annual costs associated with leasing each facility that are paid by or on behalf of the school;

(c) The annual mortgage principal and interest payments that are paid by the school;

(d) The name of the lender or landlord, identified as such, and the lender's or landlord's Sub.

H.

10 Page136th 14G.A. As Passed by the House contract;

357relationship (4) Take steps to intervene in the school'soperator, operationif toany. 358 correct problems in the school's overall performance, declare 359 the school to be on probationary status pursuant to section 360 3314.073 of the Revised Code, suspend the operation of the 361 school pursuant to section 3314.072 of the Revised Code, or 362 terminate the contract of the school pursuant to section 3314.07 363 of the Revised Code as determined necessary by the sponsor;

364(10) (5)Qualifications Haveof inemployees, placeincluding aboth plan of action to be undertaken in the 365following: event the community school experiences financial difficulties or 366 closes prior to the end of a school year.

367(a) (E)A Uponrequirement thethat expiration of a contract entered into under 368 this section, the sponsorschool's ofclassroom ateachers communitybe schoollicensed may,in accordance with thesections 3693319.22 approvalto of3319.31 the governing authority of the school,Revised renewCode, except that 370 contract for a periodcommunity ofschool timemay determinedengage bynoncertificated thepersons sponsor,to butteach notup 371to endingtwelve earlierhours thanor theforty endhours ofper anyweek schoolpursuant year,to ifsection the3319.301 sponsor 372 finds that the school's compliance with applicable laws and 373 terms of the contractRevised andCode; the school's progress in meeting the 374 academic goals prescribed in the contract have been 375 satisfactory.

Any(b) contractA thatprohibition isagainst renewed under this division 376 remains subject to the provisionsschool ofemploying sectionsan 3314.07,individual 3314.072,described 377in andsection 3314.0733314.104 of the Revised Code.Code in any position.

378(11) (F)That If a community school fails to open for operation 379 within one year after the contract entered into under this 380 section is adopted pursuant to division (D) of section 3314.02 381 of the Revised Code or permanently closes prior to the 382 expiration of the contract, the contract shall be void and the 383 school shallwill notcomply enter into a contract with anythe otherfollowing sponsor.requirements:

A(a) 384The school shallwill notprovide belearning consideredopportunities permanentlyto closeda becauseminimum theof 385twenty-five operationsstudents offor thea schoolminimum haveof beennine suspendedhundred pursuanttwenty tohours sectionper 386school H.year.

(b) The governing authority will purchase liability insurance, or otherwise provide for the potential liability of the school.

(c) The school will be nonsectarian in its programs, admission policies, employment practices, and all other operations, and will not be operated by a sectarian school or religious institution.

(d) The school will comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.948, 3302.037, 3313.472, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6024, 3313.6025, 3313.6026, 3313.6028, 3313.6029, 3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.238, 3319.318, 3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41, 3319.46, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.

of the Revised Code as if it were a school district and will comply with section 3301.0714 of the Revised Code in the manner specified in section 3314.17 of the Revised Code.

(e) The school shall comply with Chapter 102.

and section 2921.42 of the Revised Code.

(f) The school will comply with sections 3313.61, 3313.611, 3313.614, 3313.617, 3313.618, and 3313.6114 of the Revised Code, except that for students who enter ninth grade for the first time before July 1, 2010, the requirement in sections 3313.61 and 3313.611 of the Revised Code that a person must successfully complete the curriculum in any high school prior to receiving a high school diploma may be met by completing the curriculum adopted by the governing authority of the community school rather than the curriculum specified in Title XXXIII of the Revised Code or any Sub.

H.

10 Page136th 15G.A. As Passed by the House 3314.072 of the Revised Code.

387rules Sec.of the department.

Beginning with students who enter ninth grade for the first time on or after July 1, 2010, the requirement in sections 3313.61 and 3313.611 of the Revised Code that a person must successfully complete the curriculum of a high school prior to receiving a high school diploma shall be met by completing the requirements prescribed in section 3313.6027 and division (C) of section 3313.603 of the Revised Code, unless the person qualifies under division (D) or (F) of that section.

Each school shall comply with the plan for awarding high school credit based on demonstration of subject area competency, and beginning with the 2017-2018 school year, with the updated plan that permits students enrolled in seventh and eighth grade to meet curriculum requirements based on subject area competency adopted by the department under divisions (J)(1) and (2) of section 3313.603 of the Revised Code.

Beginning with the 2018-2019 school year, the school shall comply with the framework for granting units of high school credit to students who demonstrate subject area competency through work-based learning experiences, internships, or cooperative education developed by the department under division (J)(3) of section 3313.603 of the Revised Code.

(g) The school governing authority will submit within four months after the end of each school year a report of its activities and progress in meeting the goals and standards of divisions (A) (3) and (4) of this section and its financial status to the sponsor and the parents of all students enrolled in the school.

(h) The school, unless it is an internet- or computer-based community school, will comply with section 3313.801 of the Revised Code as if it were a school district.

(i) If the school is the recipient of moneys from a grant awarded under the federal race to the top program, Division (A), Title XIV, Sections 14005 and 14006 of the "American Recovery and Reinvestment Act of 2009," Pub.

L.

No.

111-5, 123 Stat.

115, the school will pay teachers based upon performance in accordance with section 3317.141 and will comply with section 3319.111 of the Revised Code as if it were a school district.

(j) If the school operates a preschool program that is licensed by the department under sections 3301.52 to 3301.59 of the Revised Code, the school shall comply with sections 3301.50 to 3301.59 of the Revised Code and the minimum standards for preschool programs prescribed in rules adopted by the department of children and youth under section 3301.53 of the Revised Code.

(k) The school will comply with sections 3313.6021 and 3313.6023 of the Revised Code as if it were a school district unless it is either of the following:

(i) An internet- or computer-based community school;

(ii) A community school in which a majority of the enrolled students are children with disabilities as described in division (B)(2) of section 3314.35 of the Revised Code.

(l) The school will comply with section 3321.191 of the Revised Code, unless it is an internet- or computer-based community school that is subject to section 3314.261 of the Revised Code.

(12) Arrangements for providing health and other benefits to employees;

Sub.

H.

B.

No.

10 136th G.A.

(13) The length of the contract, which shall begin at the beginning of an academic year.

No contract shall exceed five years unless such contract has been renewed pursuant to division (E) of this section.

(14) The governing authority of the school, which shall be responsible for carrying out the provisions of the contract;

(15) A financial plan detailing an estimated school budget for each year of the period of the contract and specifying the total estimated per pupil expenditure amount for each such year.

(16) Requirements and procedures regarding the disposition of employees of the school in the event the contract is terminated or not renewed pursuant to section 3314.07 of the Revised Code;

(17) Whether the school is to be created by converting all or part of an existing public school or educational service center building or is to be a new start-up school, and if it is a converted public school or service center building, specification of any duties or responsibilities of an employer that the board of education or service center governing board that operated the school or building before conversion is delegating to the governing authority of the community school with respect to all or any specified group of employees provided the delegation is not prohibited by a collective bargaining agreement applicable to such employees;

(18) Provisions establishing procedures for resolving disputes or differences of opinion between the sponsor and the governing authority of the community school;

(19) A provision requiring the governing authority to adopt a policy regarding the admission of students who reside outside the district in which the school is located.

That policy shall comply with the admissions procedures specified in sections 3314.06 and 3314.061 of the Revised Code and, at the sole discretion of the authority, shall do one of the following:

(a) Prohibit the enrollment of students who reside outside the district in which the school is located;

(b) Permit the enrollment of students who reside in districts adjacent to the district in which the school is located;

(c) Permit the enrollment of students who reside in any other district in the state.

(20) A provision recognizing the authority of the department to take over the sponsorship of the school in accordance with the provisions of division (C) of section 3314.015 of the Revised Code;

(21) A provision recognizing the sponsor's authority to assume the operation of a school under the conditions specified in division (B) of section 3314.073 of the Revised Code;

(22) A provision recognizing both of the following:

(a) The authority of public health and safety officials to inspect the facilities of the school and to order the facilities closed if those officials find that the facilities are not in compliance with health and safety laws and regulations;

(b) The authority of the department as the community school oversight body to suspend the operation of the school under section 3314.072 of the Revised Code if the department has evidence Sub.

H.

B.

No.

10 136th G.A.

of conditions or violations of law at the school that pose an imminent danger to the health and safety of the school's students and employees and the sponsor refuses to take such action.

(23) A description of the learning opportunities that will be offered to students including both classroom-based and non-classroom-based learning opportunities that is in compliance with criteria for student participation established by the department under division (H)(2) of section 3314.08 of the Revised Code;

(24) The school will comply with sections 3302.04 and 3302.041 of the Revised Code, except that any action required to be taken by a school district pursuant to those sections shall be taken by the sponsor of the school.

(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts.

In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void.

(26) Whether the school's governing authority is planning to seek designation for the school as a STEM school equivalent under section 3326.032 of the Revised Code;

(27) That the school's attendance and participation policies will be available for public inspection;

(28) That the school's attendance and participation records shall be made available to the department, auditor of state, and school's sponsor to the extent permitted under and in accordance with the "Family Educational Rights and Privacy Act of 1974," 88 Stat.

571, 20 U.S.C.

1232g, as amended, and any regulations promulgated under that act, and section 3319.321 of the Revised Code;

(29) If a school operates using the blended learning model, as defined in section 3301.079 of the Revised Code, all of the following information:

(a) An indication of what blended learning model or models will be used;

(b) A description of how student instructional needs will be determined and documented;

(c) The method to be used for determining competency, granting credit, and promoting students to a higher grade level;

(d) The school's attendance requirements, including how the school will document participation in learning opportunities;

(e) A statement describing how student progress will be monitored;

(f) A statement describing how private student data will be protected;

(g) A description of the professional development activities that will be offered to teachers.

(30) A provision requiring that all moneys the school's operator loans to the school, including facilities loans or cash flow assistance, must be accounted for, documented, and bear interest at a fair market rate;

Sub.

H.

B.

No.

10 136th G.A.

(31) A provision requiring that, if the governing authority contracts with an attorney, accountant, or entity specializing in audits, the attorney, accountant, or entity shall be independent from the operator with which the school has contracted.

(32) A provision requiring the governing authority to adopt an enrollment and attendance policy that requires a student's parent to notify the community school in which the student is enrolled when there is a change in the location of the parent's or student's primary residence.

(33) A provision requiring the governing authority to adopt a student residence and address verification policy for students enrolling in or attending the school.

(B) The community school shall also submit to the sponsor a comprehensive plan for the school.

The plan shall specify the following:

(1) The process by which the governing authority of the school will be selected in the future;

(2) The management and administration of the school;

(3) If the community school is a currently existing public school or educational service center building, alternative arrangements for current public school students who choose not to attend the converted school and for teachers who choose not to teach in the school or building after conversion;

(4) The instructional program and educational philosophy of the school;

(5) Internal financial controls.

When submitting the plan under this division, the school shall also submit copies of all policies and procedures regarding internal financial controls adopted by the governing authority of the school.

(C) A contract entered into under section 3314.02 of the Revised Code between a sponsor and the governing authority of a community school may provide for the community school governing authority to make payments to the sponsor, which is hereby authorized to receive such payments as set forth in the contract between the governing authority and the sponsor.

The total amount of such payments for monitoring, oversight, and technical assistance of the school shall not exceed three per cent of the total amount of payments for operating expenses that the school receives from the state.

(D) The contract shall specify the duties of the sponsor which shall be in accordance with the written agreement entered into with the department under division (B) of section 3314.015 of the Revised Code and shall include the following:

(1) Monitor the community school's compliance with all laws applicable to the school and with the terms of the contract;

(2) Monitor and evaluate the academic and fiscal performance and the organization and operation of the community school on at least an annual basis;

(3) Provide technical assistance to the community school in complying with laws applicable to the school and terms of the contract;

(4) Take steps to intervene in the school's operation to correct problems in the school's Sub.

H.

B.

No.

10 136th G.A.

overall performance, declare the school to be on probationary status pursuant to section 3314.073 of the Revised Code, suspend the operation of the school pursuant to section 3314.072 of the Revised Code, or terminate the contract of the school pursuant to section 3314.07 of the Revised Code as determined necessary by the sponsor;

(5) Have in place a plan of action to be undertaken in the event the community school experiences financial difficulties or closes prior to the end of a school year.

(E) Upon the expiration of a contract entered into under this section, the sponsor of a community school may, with the approval of the governing authority of the school, renew that contract for a period of time determined by the sponsor, but not ending earlier than the end of any school year, if the sponsor finds that the school's compliance with applicable laws and terms of the contract and the school's progress in meeting the academic goals prescribed in the contract have been satisfactory.

Any contract that is renewed under this division remains subject to the provisions of sections 3314.07, 3314.072, and 3314.073 of the Revised Code.

(F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor.

A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code.

Sec.

Each science, technology, engineering, and 388 mathematics school established under this chapter and its 389 governing body shall comply with sections 9.90, 9.91, 109.65, 390 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 391 3301.0714, 3301.0715, 3301.0729, 3301.948, 3302.037, 3313.14, 392 3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 393 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310, 3313.5318, 394 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 395 3313.6021, 3313.6023, 3313.6024, 3313.6025, 3313.6026, 396 3313.6028, 3313.6029, 3313.61, 3313.611, 3313.614, 3313.615, 397 3313.617, 3313.618, 3313.6114, 3313.643, 3313.648, 3313.6411, 398 3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 399 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 400 3313.673, 3313.69, 3313.71, 3313.716, 3313.717, 3313.718, 401 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 402 3313.801, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 403 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 404 3319.078, 3319.0812, 3319.21, 3319.238, 3319.318, 3319.32, 405 3319.321, 3319.324, 3319.35, 3319.39, 3319.391, 3319.393, 406 3319.41, 3319.45, 3319.46, 3319.614, 3320.01, 3320.02, 3320.03, 407 3320.04, 3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 3321.141, 408 3321.17, 3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 3323.251, 409 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and 410 Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 411 4112., 4123., 4141., and 4167.

of the Revised Code as if it were 412 a school district.

413 Sec.

A college-preparatory boarding school 414 established under this chapter and its board of trustees shall 415 comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 416 3301.0714, 3301.0729,Sub. 3301.948, 3302.037, 3313.5318, 3313.5319, 417 H.

H.

10 Page136th 16G.A. As Passed by the House 3313.6013, 3313.6021, 3313.6023, 3313.6024, 3313.6025, 418 3313.6026, 3313.6029, 3313.617, 3313.618, 3313.6114, 3313.6411, 419 3313.6413, 3313.668, 3313.669, 3313.6610, 3313.717, 3313.7112, 420 3313.7117, 3313.721, 3313.753, 3313.8110, 3313.89, 3319.073, 421 3319.077, 3319.078, 3319.318, 3319.324, 3319.39, 3319.391, 422 3319.393, 3319.46, 3320.01, 3320.02, 3320.03, 3320.04, 3323.251, 423 and 5502.262, and Chapter 3365.

of3301.0729, the3301.948, Revised3302.037, Code3313.5318, as3313.5319, if3313.6013, the3313.6021, 4243313.6023, school3313.6024, were3313.6025, a3313.6026, school3313.6029, district3313.617, and3313.618, the3313.6114, school's3313.6411, board3313.6413, of3313.668, trustees3313.669, 4253313.6610, were3313.717, a3313.7112, district3313.7117, board3313.721, of3313.753, education.3313.8110, 3313.89, 3319.073, 3319.077, 3319.078, 3319.318, 3319.324, 3319.39, 3319.391, 3319.393, 3319.46, 3320.01, 3320.02, 3320.03, 3320.04, 3323.251, and 5502.262, and Chapter 3365.

426of Sec.the Revised Code as if the school were a school district and the school's board of trustees were a district board of education.

Sec.

Each state institution of higher education, 427 as defined in section 3345.011 of the Revised Code, shall adopt 428 a policy to prevent the purchase of a food that is either of the 429 following:

430 (A) Misbranded as a meat product or an egg product as 431 prohibited in section 3715.602 of the Revised Code;

432 (B) A cultivated-protein food product as defined in 433 section 3715.601 of the Revised Code.

434 This section does not apply to a state institution's 435 purchase of food described in divisions (A) and (B) of this 436 section for research purposes.

437 Sec.

(A) As used in this section, "WIC program" 438 means the "special supplemental nutrition program for women, 439 infants, and children" established under the "Child Nutrition 440 Act of 1966," 80 Stat.

441 (B) The department of health is hereby designated as the 442 state agency to administer the WIC program.

443 The director of health shall adopt rules pursuant to 444 Chapter 119.

of the Revised Code as necessary for administering 445 the WIC program.

The rules may include civil money penalties for 446violations H.of the rules.

B.(C) In determining eligibility for services provided under the WIC program, the department may use the application form established under section 5163.40 of the Revised Code for the healthy start program.

No.The department may require applicants to furnish their social security numbers.

10(D) PageIf 17the Asdepartment Passeddetermines bythat a vendor has committed an act with respect to the HouseWIC violationsprogram ofthat federal statutes or regulations or state statutes or rules prohibit, the rules.department shall take action against the vendor in the manner required by 7 C.F.R.

447part (C)246, Inincluding determiningimposition eligibility for services provided under 448 the WIC program, the department may use the application form 449 established under section 5163.40 of thea Revisedcivil Codemoney forpenalty thein 450accordance healthywith start7 program.C.F.R.

The246.12, departmentor mayrules requireadopted applicantsunder tothis 451section. furnish their social security numbers.

452(E) (D) If the United States department determinesof thatagriculture aapproves vendorcultivated-protein hasfood 453products committedas andefined actin withsection respect3715.601 toof the WICRevised programCode thatfor federalpurchase 454under statutesthe orWIC regulationsprogram, orthe statedirector statutesof orhealth rulesshall prohibit,submit a request to the 455United States department shallof takeagriculture actionfor againsta thewaiver vendorthat inexcludes thethose mannerproducts 456from requiredprogram byeligibility 7in C.F.R.this state.

partSec. 246, including imposition of a civil 457 money penalty in accordance with 7 C.F.R.

246.12, or rules 458 adopted under this section.

459 (E) If the United States department of agriculture 460 approves cultivated-protein food products or fabricated-egg 461 products as defined in section 3715.601 of the Revised Code for 462 purchase under the WIC program, the director of health shall 463 submit a request to the United States department of agriculture 464 for a waiver that excludes those products from program 465 eligibility in this state.

466 Sec.

Food In addition to the specifications 467 established in section 3715.602 of the Revised Code, food is 468 misbranded within the meaning of sections 3715.01, 3715.02, 469 3715.022, and 3715.52 to 3715.72 of the Revised Code, if:

470 (A) Its labeling is false or misleading in any particular.

471Sub. (B) It is offered for sale under the name of another food.

472H. (C) Its container is so made, formed, or filled as to be 473 misleading.

474 H.

10 Page136th 18G.A. As Passed by the House (D) It is an imitation of another food, unless its label 475 bears in type of uniform size and prominence, the word 476 "imitation," and immediately thereafter the name of the food 477 imitated.

478(B) (E)It When it is inoffered packagefor form,sale itunder doesthe notname bearof aanother labelfood. 479 containing:

480(C) (1)Its Thecontainer nameis andso placemade, offormed, businessor offilled theas manufacturer,to 481be packer,misleading. or distributor;

482(D) (2)It Anis accuratean statementimitation of theanother quantityfood, ofunless theits contentslabel 483bears in termstype of weight,uniform measure,size orand numericalprominence, count;the word "imitation," and immediately thereafter the name of the food imitated.

provided,(E) thatWhen 484it reasonableis variationsin shallpackage beform, permitted,it anddoes exemptionsnot asbear toa 485label smallcontaining: packages shall be established by rules adopted by the 486 director of agriculture;

487(1) (3)The Inname theand caseplace of foodbusiness subject to section 3715.023 of the 488manufacturer, Revisedpacker, Code,or thedistributor; information specified in that section.

489(2) (F)An Anyaccurate word,statement statement, or other information required by 490 or under authority of sectionsthe 3715.01,quantity 3715.02, and 3715.52 to 491 3715.72 of the Revisedcontents Code, to appear on the label or labeling 492 is not prominently placed thereon with such conspicuousness as 493 compared with other words, statements, designs, or devices, in 494 the labeling, and in such terms asof toweight, rendermeasure, itor likelynumerical tocount; be 495 read and understood by the ordinary individual under customary 496 conditions of purchase and use.