(A) The director of agriculture and the director of health shall adopt rules establishing standards for safe food handling and sanitation in retail food establishments and food service operations. The rules shall be compiled as the Ohio uniform food safety code, which shall be used by the licensors of retail food establishments and food service operations in ensuring the safe handling of food in this state. All scientific provisions of the Ohio uniform food safety code that are relevant to both retail food establishments and food service operations shall be adopted by the director of agriculture and the director of health with each other's concurrence. The Ohio uniform food safety code shall include the following:

1. (1) Criteria for sanitation in retail food establishments and food service operations;
2. (2) Criteria for equipment in retail food establishments and food service operations;
3. (3) Criteria for reviewing the facility layout and equipment specifications of retail food establishments and food service operations;
4. (4) A definition of "potentially hazardous" as it pertains to food in retail food establishments and to food in food service operations;
5. (5) Criteria to be used in evaluating the primary business of a person or government entity for purposes of determining whether the person or entity should be licensed as a retail food establishment or food service operation.

(B)

1. (1) Except as provided in divisions (B)(2) and (3) of this section, if a model food code is established by the United States food and drug administration, the Ohio uniform food safety code shall be based on the most current version of the food and drug administration's model food code. If the food and drug administration adopts, modifies, or rescinds a provision in the model food code, not later than twelve months after the administration's action, the director of agriculture and director of health shall adopt, amend, or rescind provisions in the Ohio uniform food safety code to ensure that it continues to conform with the model food code.

2. (2) The Ohio uniform food safety code may contain or omit provisions that do not correspond to the food and drug administration's model food code if the director of agriculture or the director of health, with each other's concurrence, determines either of the following:

   1. (a) That rules can be adopted under this chapter that provide protection at least as effective as that which would be provided by basing the rules on the model food code;
   2. (b) That local conditions warrant the adoption of standards that are different from the model food code.
3. (3) The Ohio uniform food safety code shall contain the rules adopted under section 3717.14 of the Revised Code notwithstanding the content of the United States food and drug administration's model food code.