Ohio Rev. Code » Chapter 3715
Ohio Revised Code

Ohio Rev. Code § 3715.99 (2026)

Penalty

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(A) Whoever violates section 3715.13 or 3715.38 of the Revised Code is guilty of a minor misdemeanor.

(B) Whoever violates section 3715.22, 3715.25, or 3715.27 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(C) Whoever violates section 3715.23 or 3715.34 of the Revised Code is guilty of a misdemeanor of the second degree.

(D) Whoever violates section 3715.52 or 3715.65 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the second degree.

(E) Whoever violates section 3715.521 of the Revised Code is guilty of a minor misdemeanor. A violation of that section occurs on a daily basis, not according to the number of times per day that an expired drug, baby food, or infant formula is sold, offered for sale, or delivered at retail or to the consumer. Each day of violation is a separate offense.

Last updated March 20, 2023 at 4:38 PM

Notes of Decisions
Cited in 3 cases, 1984–1993 · leading case: Mehl v. ICI Americas, Inc., 593 F. Supp. 157 (S.D. Ohio 1984).
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Mehl v. ICI Americas, Inc., 593 F. Supp. 157 (S.D. Ohio 1984). · cites it 2× “Sanctions for such violations are set forth in Section 3715.99, and are undeniably cast as criminal penalties.”
State v. Frambach, 612 N.E.2d 424 (Ohio Ct. App. 9th Dist. 1992). “They argue that the prosecution unfairly elevated their crimes of adulteration and misbranding foods from a fourth degree misdemeanor, R.C. 3715.99(D), to a fourth degree felony by adding the charge of possessing criminal tools, R.”
State v. Williams, 624 N.E.2d 259 (Ohio Ct. App. 10th Dist. 1993). “Excepting lesser included offenses and allied offenses, there is no reason to exonerate appellant of one crime because he simultaneously committed another. Fourth, there is ample precedent for conviction on multiple counts where one of the counts is possession of criminal tools.”
Ohio Rev. Code § 3715.99(D): 1 case
State v. Frambach, 612 N.E.2d 424 (Ohio Ct. App. 9th Dist. 1992). “They argue that the prosecution unfairly elevated their crimes of adulteration and misbranding foods from a fourth degree misdemeanor, R.C. 3715.99(D), to a fourth degree felony by adding the charge of possessing criminal tools, R.”
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