HB 134 — Authorize home kitchen registration for sale of certain foods
Last action — Referred to committee
-
✓Introduced
-
✓In Committee
-
3Passed House
-
4Passed Senate
-
5To Executive
-
6Enacted
This bill has passed the House. Introduced February 25, 2025. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Passed House
Current position in the legislative process.
-
2 sponsors
1 primary, 1 co-sponsors signed on.
-
Bipartisan support
Sponsored across 2 parties (1 R · 1 D) — cross-party backing.
-
Mixed recorded votes
3 passed, 1 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
To amend sections 3715.01, 3715.021, 3715.022, 3715.023, and 3717.22 and to enact section 3715.026 of the Revised Code to authorize the sale of certain homemade foods under a microenterprise home kitchen operation registration.
Bill Text
What changed in the latest version
29 added · 26 removedPlain-language change summary
The latest version of Bill HB 134 has replaced the list of names under the "As Reported by the House Agriculture Committee" with a new list under "As Passed by the House." This change indicates that the bill has progressed through the legislative process and has gained support from a wider group of lawmakers. This matters because it reflects a significant step toward the bill becoming law, which could impact agricultural policies in the state.
As ReportedPassed by the House Agriculture Committee 136th General Assembly Regular Session Sub.
Representatives Fischer, Brennan, Denson, Synenberg, Jarrells, McClain, Ferguson, Deeter, Barhorst, Swearingen, Workman, Dean, Mullins, Sims, McNally, Brewer, Klopfenstein, Newman, SchmidtSchmidt, Abdullahi, Abrams, Bryant Bailey, Callender, Claggett, Dovilla, Fowler Arthur, Ghanbari, Glassburn, Hall, D., Holmes, John, LaRe, Mathews, A., Miller, M., Mohamed, Peterson, Plummer, Ray, Robb Blasdel, Sigrist, Stephens, Upchurch, White, E., Young To amend sections 3715.01, 3715.021, 3715.022, 1 3715.023, and 3717.22 and to enact sections 2 3715.026 and 3715.21 of the Revised Code to 3 authorize the sale of certain homemade foods 4 under a microenterprise home kitchen operation 5 registration.
14 (b)Sub. Chewing gum;
15 (c) Articles used for components of any such articles.
16 Sub.
134 Page 2 As ReportedPassed by the House Agriculture(b) CommitteeChewing (3)gum; "Drug" means:
15 (c) Articles used for components of any such articles.
16 (3) "Drug" means:
40 (c) Intended to affect the structure or any function of 41 the body of humans or animals, and that does not achieve any of 42 its principal intended purposes through chemical action within 43 or on the body of humans or animals and is not dependent upon 44 Sub.
134 Page 3 As ReportedPassed by the House Agriculturethe Committeebody of humans or animals, and that does not achieve any of 42 its principal intended purposes through chemical action within 43 or on the body of humans or animals and is not dependent upon 44 being metabolized for the achievement of any of its principal 45 intended purposes.
69 (9)Sub. "New drug" means:
70 (a) Any drug the composition of which is such that the 71 Sub.
134 Page 4 As ReportedPassed by the House Agriculture(9) Committee"New drugdrug" ismeans: not generally recognized among experts qualified by 72 scientific training and experience to evaluate the safety of 73 drugs, as safe for use under the conditions prescribed, 74 recommended, or suggested in the labeling thereof;
70 (a) Any drug the composition of which is such that the 71 drug is not generally recognized among experts qualified by 72 scientific training and experience to evaluate the safety of 73 drugs, as safe for use under the conditions prescribed, 74 recommended, or suggested in the labeling thereof;
91 (13)(a) "Manufacture" means the planting, cultivating, 92 harvesting, processing, making, preparing, or otherwise engaging 93 in any part of the production of a drug by propagating, 94 compounding, converting, or processing, either directly or 95 indirectly by extracting from substances of natural origin, or 96 independently by means of chemical synthesis, or by a 97 combination of extraction and chemical synthesis, and includes 98 theSub. following:
99 (i) Any packaging or repackaging of the drug or labeling 100 Sub.
134 Page 5 As ReportedPassed by the House Agriculture Committee or relabeling of its container, the promotionfollowing: and marketing of 101 the drug, and other activities incident to production;
99 (i) Any packaging or repackaging of the drug or labeling 100 or relabeling of its container, the promotion and marketing of 101 the drug, and other activities incident to production;
117 (15) "Generically equivalent drug" means a drug that 118 contains identical amounts of the identical active ingredients, 119 but not necessarily containing the same inactive ingredients, 120 that meets the identical compendial or other applicable standard 121 of identity, strength, quality, and purity, including potency, 122 and where applicable, content uniformity, disintegration times, 123 or dissolution rates, as the prescribed brand name drug and the 124 manufacturer or distributor holds, if applicable, either an 125 approved new drug application or an approved abbreviated new 126 drug application unless other approval by law or from the 127 federalSub. food and drug administration is required.
128 No drug shall be considered a generically equivalent drug 129 Sub.
134 Page 6 As ReportedPassed by the House Agriculture Committee for the purposes of this chapter if it has been listed by the 130 federal food and drug administration asis havingrequired. proven 131 bioequivalence problems.
128 No drug shall be considered a generically equivalent drug 129 for the purposes of this chapter if it has been listed by the 130 federal food and drug administration as having proven 131 bioequivalence problems.
151 (19) "Cottage food production operation" means a person 152 who, in the person's home, produces food items that are not 153 potentially hazardous foods, including bakery products, jams, 154 jellies, candy, fruit butter, and similar products specified in 155 rulesSub. adopted pursuant to section 3715.025 of the Revised Code.
156 (20) "Biological product" means, except as provided in 157 Sub.
134 Page 7 As ReportedPassed by the House Agriculturerules Committeeadopted sectionpursuant 3715.011to of the Revised Code, a drug that is a 158 biological product, as defined on the effective date of this 159 amendment March 21, 2017, in subsection (i) of section 3513715.025 of 160 the "PublicRevised HealthCode. Service Act," 42 U.S.C.
156 (20) "Biological product" means, except as provided in 157 section 3715.011 of the Revised Code, a drug that is a 158 biological product, as defined on the effective date of this 159 amendment March 21, 2017, in subsection (i) of section 351 of 160 the "Public Health Service Act," 42 U.S.C.
181 (1) If an article is alleged to be misbranded because the 182 labeling is misleading, or if an advertisement is alleged to be 183 false because it is misleading, then in determining whether the 184 labeling or advertisement is misleading, there shall be taken 185 into account, among other things, not only representations made 186 Sub.
134 Page 8 As ReportedPassed by the House Agriculturelabeling Committeeor advertisement is misleading, there shall be taken 185 into account, among other things, not only representations made 186 or suggested by statement, word, design, device, sound, or in 187 any combination thereof, but also the extent to which the 188 labeling or advertisement fails to reveal facts material in the 189 light of such representations or material with respect to 190 consequence which may result from the use of the article to 191 which the labeling or advertisement relates under the conditions 192 of use prescribed in the labeling or advertisement thereof or 193 under such conditions of use as are customary or usual.
209 (4) Whenever jurisdiction is vested in the director of 210 agriculture or the state board of pharmacy, the jurisdiction of 211 the board shall be limited to the sale, offering for sale, 212 giving away, delivery, or dispensing in any manner of drugs at 213 the wholesale and retail levels or to the consumer and shall be 214 exclusive in the case of such sale, offering for sale, giving 215 away, delivery, or dispensing in any manner of drugs at the 216 Sub.
134 Page 9 As ReportedPassed by the House Agricultureexclusive Committeein the case of such sale, offering for sale, giving 215 away, delivery, or dispensing in any manner of drugs at the 216 wholesale and retail levels or to the consumer in any place 217 where prescriptions are dispensed or compounded.
244 (2) "Small egg producer" means any person that is engaged 245 in the operation of egg production and annually maintains five 246 Sub.
134 Page 10 As ReportedPassed by the House Agriculture(2) Committee"Small egg producer" means any person that is engaged 245 in the operation of egg production and annually maintains five 246 hundred or fewer birds.
of the 274 RevisedSub. Code.
275 Sub.
134 Page 11 As ReportedPassed by the House AgricultureRevised CommitteeCode. (B) Labeling requirements do not apply to fruit butter 276 produced at a festival or celebration, if the festival or 277 celebration is organized by a political subdivision of this 278 state and the fruit butter is sold during the festival or 279 celebration from the production site.
275 (B) Labeling requirements do not apply to fruit butter 276 produced at a festival or celebration, if the festival or 277 celebration is organized by a political subdivision of this 278 state and the fruit butter is sold during the festival or 279 celebration from the production site.
302 Sec.Sub.
3715.026.
(A) As used in this section:
303 Sub.
Show all 84 changed lines (44 more)
134 Page 12 As ReportedPassed by the House AgricultureSec. Committee (1) "Homemade food item" means any food made at the home 304 of a microenterprise home kitchen operation.
3715.026.
(A) As used in this section:
303 (1) "Homemade food item" means any food made at the home 304 of a microenterprise home kitchen operation.
325 (B)(1) The director of agriculture shall issue an 326 microenterprise home kitchen operation registration to a 327 microenterprise home kitchen operation when application is made 328 by an operation in accordance with procedures established by the 329 directorSub. of agriculture.
Such registration shall be valid from 330 Sub.
134 Page 13 As ReportedPassed by the House Agriculturedirector Committee the date it is issued through the last day of Januaryagriculture. of the 331 following year;
Such registration shall be valid from 330 the date it is issued through the last day of January of the 331 following year;
359 (3) The director may charge a fee to a microenterprise 360 Sub.
134 Page 14 As ReportedPassed by the House Agriculture(3) CommitteeThe director may charge a fee to a microenterprise 360 home kitchen operation to cover the administrative costs of 361 conducting inspections that shall not exceed fifty dollars 362 annually.
The director or the 386 director's designee shall not require a microenterprise home 387 kitchenSub. operation to do any of the following:
388 Sub.
134 Page 15 As ReportedPassed by the House Agriculture Committee (1) Use commercial kitchen equipmentoperation orto otherdo specializedany 389of kitchenthe equipmentfollowing: such as a three-compartment sink;
388 (1) Use commercial kitchen equipment or other specialized 389 kitchen equipment such as a three-compartment sink;
415 (3) If a potentially hazardous food item is transported 416 Sub.
134 Page 16 As ReportedPassed by the House Agriculture(3) CommitteeIf a potentially hazardous food item is transported 416 before final delivery to the consumer, the food shall be 417 maintained at an appropriate temperature during transport, shall 418 not be transported more than once, and shall not be transported 419 for longer than two hours.
Except 443 as provided in division (I)(2) of this section, a registration 444 shall not be suspended or revoked until the registration holder 445 is provided a warning and has had an opportunity to correct the 446 Sub.
134 Page 17 As ReportedPassed by the House Agricultureis Committeeprovided a warning and has had an opportunity to correct the 446 violation.
471 (C) Prior to entry into the food service operation or 472 retail food establishment, a food service operation or retail 473 food establishment shall ensure that, with respect to custom 474 process meat, any animal carcass is skinned, beheaded, 475 Sub.
134 Page 18 As ReportedPassed by the House Agricultureprocess Committeemeat, any animal carcass is skinned, beheaded, 475 eviscerated, and free of hair, and any bird carcass is 476 eviscerated and free of feathers.
503 Sec.Sub.
3717.22.
(A) The following are not retail food 504 Sub.
134 Page 19 As ReportedPassed by the House AgricultureSec. Committee establishments:
3717.22.
(A) The following are not retail food 504 establishments:
531 (b) Products of a cottage food production operation or 532 Sub.
134 Page 20 As ReportedPassed by the House Agriculture(b) CommitteeProducts of a cottage food production operation or 532 microenterprise home kitchen operation;
560 (5) An establishment that offers food contained in 561 Sub.
134 Page 21 As ReportedPassed by the House Agriculture(5) CommitteeAn establishment that offers food contained in 561 displays of less than five hundred square feet, and if required 562 to be licensed would be classified as risk level one pursuant to 563 rules establishing licensing categories for retail food 564 establishments adopted under section 3717.33 of the Revised 565 Code, on the condition that the establishment offers the food 566 for sale at retail not more than six months in each calendar 567 year;
588 (10) A person who raises, slaughters, and processes the 589 meat of nonamenable species described in divisions (A) and (B) 590 Sub.
134 Page 22 As ReportedPassed by the House Agriculturemeat Committeeof nonamenable species described in divisions (A) and (B) 590 of section 918.12 of the Revised Code, on the condition that the 591 person offers the meat directly to the consumer from the 592 location where the meat is processed or at a farm product 593 auction to which division (B)(11) of this section applies;
612 (13) An establishment that, with respect to offering food 613 for sale, offers only alcoholic beverages, prepackaged beverages 614 that are not potentially hazardous, or commercially prepackaged 615 food that is not potentially hazardous, on the condition that 616 the commercially prepackaged food is contained in displays, the 617 total space of which equals less than two hundred cubic feet on 618 theSub. premises of the establishment;
619 Sub.
134 Page 23 As ReportedPassed by the House Agriculturethe Committeepremises (14)of Anthe establishmentestablishment; that, with respect to offering food 620 for sale, offers only fountain beverages that are not 621 potentially hazardous;
619 (14) An establishment that, with respect to offering food 620 for sale, offers only fountain beverages that are not 621 potentially hazardous;
645 (b)Sub. Products of a cottage food production operation or 646 microenterprise home kitchen operation;
647 Sub.
134 Page 24 As ReportedPassed by the House Agriculture(b) CommitteeProducts (c)of Tree syrup, sorghum, honey, apple syrup, or apple 648 butter that is produced by a treecottage syrupfood orproduction sorghumoperation producer, 649 beekeeper, or apple646 syrupmicroenterprise orhome applekitchen butteroperation; processor described in 650 division (A) of section 3715.021 of the Revised Code;
647 (c) Tree syrup, sorghum, honey, apple syrup, or apple 648 butter that is produced by a tree syrup or sorghum producer, 649 beekeeper, or apple syrup or apple butter processor described in 650 division (A) of section 3715.021 of the Revised Code;
674 (ii)Sub. The establishment serves unopened commercially 675 prepackaged food, other than wine.
676 Sub.
134 Page 25 As ReportedPassed by the House Agriculture(ii) Committee (iii) The amountestablishment ofserves theunopened establishment's commercially 677675 prepackaged foodfood, sales, other than winewine. sales, for the previous 678 calendar year did not exceed five per cent of the 679 establishment's total gross receipts.
676 (iii) The amount of the establishment's commercially 677 prepackaged food sales, other than wine sales, for the previous 678 calendar year did not exceed five per cent of the 679 establishment's total gross receipts.
Show all 84 changed rows (44 more)
View plain text versions (3)
- As Passed by the House View text Current pdf
- Reported As Reported by the House Agriculture Committee pdf
- Introduced As Introduced pdf
Action History
-
As Passed by the House
Sponsors
- Jennifer Gross · Primary
- Latyna M. Humphrey · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 132 not signed on · 2 voted No
Sponsors (1)
- Jennifer Gross Republican
Co-sponsors (1)
- Latyna M. Humphrey Democratic
Not signed on (132)
132 members have not signed on to this bill.
Show all 132 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 26 | 2 | 0 | 0 |
| Republican | 62 | 0 | 0 | 0 |
| Total | 88 | 2 | 0 | 0 |
| % of votes cast | 98% | 2% | 0% | 0% |
How each member voted (90)
| Member | Party | Vote |
|---|---|---|
| Ashley Bryant Bailey | Democratic | Yea |
| Beryl Brown Piccolantonio | Democratic | Yea |
| Bride Rose Sweeney | Democratic | Yea |
| C. Allison Russo | Democratic | Yea |
| Cecil Thomas | Democratic | Yea |
| Chris Glassburn | Democratic | Yea |
| Crystal Lett | Democratic | Yea |
| Dani Isaacsohn | Democratic | Yea |
| Daniel P. Troy | Democratic | Yea |
| Darnell T. Brewer | Democratic | Yea |
| Derrick Hall | Democratic | Yea |
| Desiree Tims | Democratic | Yea |
| Eric Synenberg | Democratic | Yea |
| Erika White | Democratic | Yea |
| Ismail Mohamed | Democratic | Yea |
| Joseph A. Miller, III | Democratic | Yea |
| Juanita O. Brent | Democratic | Nay |
| Karen Brownlee | Democratic | Yea |
| Latyna M. Humphrey | Democratic | Yea |
| Lauren McNally | Democratic | Yea |
| Mark Sigrist | Democratic | Yea |
| Meredith R. Lawson-Rowe | Democratic | Yea |
| Munira Abdullahi | Democratic | Yea |
| Phillip M. Robinson, Jr. | Democratic | Nay |
| Rachel B. Baker | Democratic | Yea |
| Sean P. Brennan | Democratic | Yea |
| Terrence Upchurch | Democratic | Yea |
| Veronica R. Sims | Democratic | Yea |
| Adam C. Bird | Republican | Yea |
| Adam Holmes | Republican | Yea |
| Adam Mathews | Republican | Yea |
| Andrea White | Republican | Yea |
| Angela N. King | Republican | Yea |
| Bernard Willis | Republican | Yea |
| Bill Roemer | Republican | Yea |
| Bob Peterson | Republican | Yea |
| Brian Lampton | Republican | Yea |
| Brian Lorenz | Republican | Yea |
| Brian Stewart | Republican | Yea |
| Cindy Abrams | Republican | Yea |
| D. J. Swearingen | Republican | Yea |
| David Thomas | Republican | Yea |
| Diane Mullins | Republican | Yea |
| Gary Click | Republican | Yea |
| Gayle Manning | Republican | Yea |
| Haraz N. Ghanbari | Republican | Yea |
| Heidi Workman | Republican | Yea |
| Jack K. Daniels | Republican | Yea |
| James M. Hoops | Republican | Yea |
| Jamie Callender | Republican | Yea |
| Jason Stephens | Republican | Yea |
| Jean Schmidt | Republican | Yea |
| Jeff LaRe | Republican | Yea |
| Jennifer Gross | Republican | Yea |
| Jim Thomas | Republican | Yea |
| Jodi Salvo | Republican | Yea |
| Johnathan Newman | Republican | Yea |
| Justin Pizzulli | Republican | Yea |
| Kellie Deeter | Republican | Yea |
| Kevin D. Miller | Republican | Yea |
| Kevin Ritter | Republican | Yea |
| Levi Dean | Republican | Yea |
| Marilyn John | Republican | Yea |
| Mark Hiner | Republican | Yea |
| Mark Johnson | Republican | Yea |
| Matt Huffman | Republican | Yea |
| Matthew Kishman | Republican | Yea |
| Melanie Miller | Republican | Yea |
| Meredith Craig | Republican | Yea |
| Michael D. Dovilla | Republican | Yea |
| Michelle Teska | Republican | Yea |
| Mike Odioso | Republican | Yea |
| Monica Robb Blasdel | Republican | Yea |
| Nick Santucci | Republican | Yea |
| Phil Plummer | Republican | Yea |
| Riordan T. McClain | Republican | Yea |
| Rodney Creech | Republican | Yea |
| Ron Ferguson | Republican | Yea |
| Roy Klopfenstein | Republican | Yea |
| Sarah Fowler Arthur | Republican | Yea |
| Scott Oelslager | Republican | Yea |
| Sharon A. Ray | Republican | Yea |
| Tex Fischer | Republican | Yea |
| Thaddeus J. Claggett | Republican | Yea |
| Thomas Hall | Republican | Yea |
| Tim Barhorst | Republican | Yea |
| Tom Young | Republican | Yea |
| Tracy M. Richardson | Republican | Yea |
| Ty D. Mathews | Republican | Yea |
| Ty Moore | Republican | Yea |
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 7 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Christine Cockley | Democratic | Yea |
| Joseph A. Miller, III | Democratic | Yea |
| Veronica R. Sims | Democratic | Yea |
| Bob Peterson | Republican | Yea |
| Jean Schmidt | Republican | Yea |
| Johnathan Newman | Republican | Yea |
| Mark Hiner | Republican | Yea |
| Roy Klopfenstein | Republican | Yea |
| Tim Barhorst | Republican | Yea |
| Ty Moore | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 7 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Christine Cockley | Democratic | Yea |
| Joseph A. Miller, III | Democratic | Yea |
| Veronica R. Sims | Democratic | Yea |
| Bob Peterson | Republican | Yea |
| Jean Schmidt | Republican | Yea |
| Johnathan Newman | Republican | Yea |
| Mark Hiner | Republican | Yea |
| Roy Klopfenstein | Republican | Yea |
| Tim Barhorst | Republican | Yea |
| Ty Moore | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 134 do?
- To amend sections 3715.01, 3715.021, 3715.022, 3715.023, and 3717.22 and to enact section 3715.026 of the Revised Code to authorize the sale of certain homemade foods under a microenterprise home kitchen operation registration.
- Who sponsors HB 134?
- HB 134 is sponsored by Jennifer Gross (Republican) and Latyna M. Humphrey (Democratic).
- What is the current status of HB 134?
- This bill has passed the House. Introduced February 25, 2025. It now moves to the second chamber.
- Where can I track HB 134?
- Track HB 134 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 134
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 134
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →