Food Service Operation (FSO) versus Retail Food Establishment (RFE):

Food service operation means a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this division, “served” means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and “prepared” means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.

Except when expressly provided otherwise, “food service operation” includes a catering food service operation, food delivery sales operation, mobile food service operation, seasonal food service operation, temporary food service operation, and vending machine location.

A Retail Food Establishment means a premises or part of a premises where food is stored, processed, prepared, manufactured, or otherwise held or handled for retail sale. 

Except when expressly provided otherwise, “retail food establishment” includes a mobile retail food establishment, seasonal retail food establishment, and temporary retail food establishment.

A Temporary Retail Rood Establishment is one that is operated at an event for not more than five consecutive days, except when operated for more than five consecutive days pursuant to division (E)(2) of section 3717.23 of the Revised Code.

A Mobile Food Service Operation is one that is operated from a movable vehicle, portable structure, or watercraft and that routinely changes location, except that if the operation remains at any one location for more than forty consecutive days, the operation is no longer a mobile food service operation. 

“Mobile food service operation” includes a food service operation that does not remain at any one location for more than forty consecutive days and serves, in a manner consistent with division (F) of this section, only frozen desserts; beverages, nuts, popcorn, candy, or similar confections; bakery products identified in section 911.01 of the Revised Code; or any combination of those items.

A Catering Food Service Operation is defined in section 3717.01 of the Ohio Revised Code as one where food is prepared for serving at a function or event held at an off-premise site, for a charge determined on a per-function or per-event basis. The charge is contracted for on the basis of the entire luncheon, banquet, or event and not on the basis of an individual meal or lunch.

Concession stands at baseball, softball, football and other sporting events offer a great opportunity for athletic groups to raise money. But they also can present a food safety risk. Some of the largest problems seen at these stands include no handwashing areas and food not being kept hot or cold enough. The Health Department wants to help you make your concession sales profitable and safe. Please contact us if you have any questions.

A “Cottage Food Production Operation” is defined in Chapter 3715 of the Ohio Revised Code to mean a person who, in the person’s home, produces food items that are not potentially hazardous foods, including bakery products, jams, jellies, candy, and fruit butter. 

These foods must be labeled properly, or they will be considered misbranded or adulterated.

“Home” means the primary residence occupied by the residence’s owner, on the condition that the residence contains only one stove or oven used for cooking, which may be a double oven, designed for common residence usage and not for commercial usage, and that the stove or oven be operated in an ordinary kitchen within the residence.

Cottage Food Fact Sheet