Following the Law

Business in Ohio are required to register with the Ohio Secretary of State to legally conduct business in the state. Once you’ve completed this registration you should consider what additional business licenses, including those for food businesses, you will need to legally operate your company.

Ohio businesses making taxable retail sales need a Vendor’s License, which can be obtained through the Ohio Business Gateway. For more information on Ohio taxes please refer back to the Business Registration & Taxation page.

Some businesses will need to obtain a special license or registration from the State of Ohio. Visit Ohio Business Gateway - Start a Business to see checklists for the various business types, which will help you identify if your business needs an additional State of Ohio license. These checklists identify the State of Ohio rules and regulations a particular business must follow.

Local municipalities may also have business licensing requirements that apply to your business. You will need to contact the municipality or municipalities in which your business operates to ensure full compliance. If your business operates in the City of Columbus please refer to the Doing Business with the City of Columbus reference page, which will walk you through required licenses and permits, local taxes, and programs, services, and incentives for which your business may be eligible. Columbus also maintains a step by step guide to opening a restaurant in Columbus that will walk you through preliminary site compliance, design and construction, licenses, incentives, and taxes.

Local Government

Columbus Public Health (CPH) and Franklin County Public Health (FCPH) enforce food safety and public health regulations in Franklin County:

Columbus Public Health (CPH) is responsible for enforcing public health regulations within the City of Columbus and Worthington, including licensing and inspecting retail food businesses. All of these license types require the business owner to submit a completed application and allow for their facility to be inspected. CPH also offers ServSafe training and certification.

Franklin County Public Health (FCPH) is responsible for enforcing public health regulations in the entirety of Franklin County outside of the City of Columbus and Worthington, including licensing and inspecting retail food businesses. The license types include a food license, temporary food license, mobile food license, vending machine license, and micro market license. All of these license types require the business owner to submit a completed application and allow for their facility to be inspected. FCPH also offers ServSafe training and certification.

State Government

The Ohio Department of Agriculture (ODA) and the Ohio Department of Health (ODH) regulate food businesses and food safety:

• The Ohio Department of Agriculture (ODA) - Starting A Food Business provides a list of licenses and resources for food businesses.
  • If your business will be making meat or poultry products you will need a license from the Division of Meat Inspection. If your business will be producing or processing dairy you will need a license from the Dairy Division.
  • Additional food licenses include home baker, cold storage, food processing and warehouse facilities, syrup and extract, cannery, wholesale bakery, frozen food, and bottling.
  • The Ohio Department of Agriculture Division of Food Safety is responsible for enforcing the Produce Safety Rule in Ohio and their website has information on upcoming Produce Safety Alliance Grower Trainings.
• The Ohio Department of Health (ODH) - Food Safety Program provides technical assistance for food safety issues.
  • The Ohio Department of Health (ODH) Food Safety Certification provides training to food personnel on effective food safety practices. These certifications are mandated for certain types of food establishments - please refer to the Ohio Department of Health for more information.

Federal Government

There are multiple federal regulations related to food safety:

FDA - Food Safety Modernization Act (FSMA) - Comprehensive food safety regulations, including the Produce Safety Rule, which establishes a minimum standard of food safety for farms related to the growing, harvesting, packing, and holding of fresh fruits and vegetables. The Ohio Department of Agriculture Division of Food Safety is responsible for enforcing the Produce Safety Rule in Ohio and their website has information on upcoming Produce Safety Alliance Grower Trainings. OSU Extension - FSMA provides additional information on FSMA, the exemptions and requirements related to the Produce Safety Rule, and upcoming training.

FDA - Hazard Analysis Critical Control Point (HACCP) - Management system addresses food safety throughout food production, procurement, handling, manufacturing, distribution, and consumption of the final product. The Safe Food Alliance - What is HACCP provides an overview of HACCP that includes information on the contents of a HACCP plan and online training. HACCP Training University offers online training for HACCP certification.

USDA - Good Agricultural Practices (GAP) and Good Handling Practices (GHP) - Voluntary audits that verify that fruits and vegetables are produced, packed, handled, and stored as safely as possible to minimize food safety risks. One potential benefit of GAP/GHP certification is improved market access opportunities. Some institutional food purchasers may restrict their food purchases to GAP/GHP certified businesses. OSU Extension - Fruit and Vegetable Safety Program maintains information on the GAP program, the GAP audit process, and GAP training programs.

Businesses can also hire a private firm such as Savour Food Safety International to assist with auditing, inspections, and training related to growing, harvesting, processing, packaging, distributing, or transporting food products. A sibling company called Matrix Sciences can assist businesses with food safety compliance related to marketing, consumption, and disposal of food products.

Farm Commons provides free resources for complying with food safety regulations and implementing a food safety plan for growers and producers.

Your local jurisdiction regulates many areas that may be relevant for your business. We have already discussed food safety (refer to Food Safety above) and local business taxes (refer to the Business Registration & Taxes page). In addition, your local jurisdiction enforces building and zoning codes.

It is critically important that you ensure compliance with building and zoning codes before you purchase a building, sign a lease, or begin any kind of construction or remodeling. Here’s more detail about how building and zoning codes might affect your business:

• The zoning code regulates how a given section of land can be used and what types of businesses can utilize the land and its structures. FindLaw - Zoning provides an overview of information on land use, zoning, and variances from a legal perspective.
• The building code regulates the details of the structures on the land and may govern the design, construction, alteration, and maintenance of structures in order to adequately safeguard health, safety, and welfare of building occupants.

Each local jurisdiction administers and enforces their own building and zoning code. We recommend contacting the municipality or jurisdiction in which your business will be operating to ensure compliance with all building and zoning regulations.

Columbus Building and Zoning Services (BZS) - Regulates building and zoning codes within the City of Columbus. Columbus BZS offers a Citizen Access Portal where you can access relevant services and keep track of your applications and an interactive Zoning Map to help you identify if your property is located within their jurisdiction. Columbus BZS administers both the residential and commercial building codes.

Columbus Department of Public Safety (DPS) - Regulates the operation of mobile food business within the city of Columbus on private property or within the public right-of-way. You will need to obtain a Mobile Food Vending license from DPS if you want to operate your mobile food business within the City of Columbus.

Franklin County Economic Development & Planning (EDP) - Regulates building and zoning codes within unincorporated Franklin County. Franklin County EDP is responsible for enforcing Zoning and Residential Building codes in unincorporated Franklin County. Franklin County also offers an interactive Zoning Map to help you identify if your property is located within their jurisdiction. Businesses seeking a commercial building permit in unincorporated Franklin County must submit an application through the State of Ohio Department of Commerce Division of Industrial Compliance.

If your business is not located or operating within the City of Columbus or unincorporated Franklin County, please contact the appropriate municipality to ensure compliance.

The State of Ohio regulates many different areas that may impact your business. We have already discussed food safety (refer to Food Safety above), business licenses (refer to Business Licenses above), workers compensation, and taxes (refer to the Business Registration & Taxes page). Additional areas of regulation include consumer laws, liquor control, and reporting new hires.

Ohio Attorney General - Services for Business - Includes a guide for businesses on Complying with Ohio Consumer Law. This guide provides an overview of state laws related to issues including advertising, cancellation rights, door-to-door sales, gift cards, personal information of consumers, refund policies, repairs and services, and telemarketing.

Ohio Bureau of Workers’ Compensation (BWC) - In general, Ohio employers with one or more employees must have workers’ compensation coverage. Employers must submit a completed application for Ohio Workers Compensation Coverage and the non-refundable application fee. The BWC maintains a Frequently Asked Questions page with additional details.

Ohio Department of Commerce - Division of Industrial Compliance - Responsible for permitting commercial buildings in unincorporated Franklin County, including new construction, building addition, building alteration, and changes of occupancy.

Ohio Department of Commerce - Division of Liquor Control - Issues, renews, and approves the transfer of liquor licenses for Ohio businesses and registers beer, wine, and mixed beverages for sale in Ohio. Businesses that manufacture, distribute (wholesale), or sell (retail) alcoholic beverages must comply with the Division of Liquor Control.

Ohio Environmental Protection Agency (EPA) - Regulates and provides permits related to pollutants to the air, land, water, or sewers. The OEPA - Guide to Environmental Permitting in Ohio(PDF, 2MB) will help you identify whether you need a permit and steps for obtaining one. If you need a permit you can use the OEPA - eBusiness Center to electronically complete and file reports, make payments, and submit permit applications.

Ohio New Hire Reporting Center - The State of Ohio requires all public, private, nonprofit, and government employers to report their new hires within 20 days of an employee’s start date. To complete a report, you must register your business through the Ohio New Hire Reporting Center.

The State of Ohio maintains a Labor Law guide and Labor Law FAQ page, which provides guidance on Ohio labor laws and links to the relevant passages of the Ohio Revised Code (ORC).

The US federal government regulates a variety of areas that you will need to keep in mind as you start and operate your business. We have already discussed food safety (refer to Food Safety above) and federal taxes (refer to the Business Registration & Taxes page). Additional areas of regulation include public accommodations, occupational safety and health, employment eligibility, and patents and trademarks.

Americans with Disabilities Act (ADA) - Prohibits discrimination against people with disabilities. The ADA website offers a primer for small businesses and guides to ensuring compliance. FindLaw also provides a quick overview of ADA compliance from the perspective of a business.

Occupational Safety and Health Administration (OSHA) - Sets standards to ensure safe and healthy working conditions. OSHA - Small Business provides dedicated resources for small businesses including on-site consultation and compliance guides. OSHA - Compliance Assistance Quick Start is a step-by-step guide to identify which major OSHA requirements may apply to your business.

E-Verify - Voluntary program that allows employers to confirm the eligibility of their employees to legally work in the United States. Employers with federal contracts or subcontracts may be required to enroll in E-Verify as a condition of the contract. E-Verify - Employers provides detailed instructions on how to enroll and verify employees.

US Patent and Trademark Office (USPTO) - Grants patents and trademarks in the United States. Patent FAQ and Trademark FAQ provides information on what can be patented or trademarked, who can apply, and many other topics. FindLaw - Intellectual Property provides an overview of intellectual property law for small businesses.

Department of Labor - Major Laws of the Department of Labor - Summary of federal labor laws that may affect small businesses