SENATOR Mumper

To amend sections 901.22, 918.01, 918.02, 918.08,

1

918.11, 918.25, 918.28, 955.51 to 955.53, and

2

3715.65 of the Revised Code to revise the laws

3

governing the inspection of meat and poultry,

4

claims for injuries to certain animals by coyotes

5

or black vultures, agricultural easements, and

6

applications concerning new drugs.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 901.22, 918.01, 918.02, 918.08,	8
918.11, 918.25, 918.28, 955.51, 955.52, 955.53, and 3715.65 of the	9
Revised Code be amended to read as follows:	10

Sec. 901.22.  (A) The director of agriculture, in accordance	11
with Chapter 119. of the Revised Code, shall adopt rules that do	12
all of the following:	13

(1) Establish procedures and eligibility criteria for making	14
matching grants to municipal corporations, counties, townships,	15
and charitable organizations described in division (B) of section	16
5301.69 of the Revised Code for the purchase of agricultural	17
easements. With respect to agricultural easements that are	18
purchased or proposed to be purchased with such matching grants	19
that consist in whole or in part of moneys from the clean Ohio	20
agricultural easement fund created in section 901.21 of the	21
Revised Code, the rules shall establish all of the following:	22

(a) Procedures for all of the following:

23

(i) Soliciting and accepting applications for matching	24
grants;	25

(ii) Participation by local governments and by the public in	26
the process of making matching grants to charitable organizations;	27

(iii) Notifying local governments, charitable organizations,	28
and organizations that represent the interests of farmers of the	29
ranking system established in rules adopted under division	30
(A)(1)(b) of this section.	31

(b) A ranking system for applications for the matching grants	32
that is based on the soil type, proximity of the land or other	33
land that is conducive to agriculture as defined by rules adopted	34
under this section and that is the subject of an application to	35
other agricultural land or other land that is conducive to	36
agriculture as defined by rules adopted under this section and	37
that is already or is in the process of becoming permanently	38
protected from development, farm stewardship, development	39
pressure, and, if applicable, a local comprehensive land use plan	40
involved with a proposed agricultural easement. The rules shall	41
require that preference be given to proposed agricultural	42
easements that involve the greatest proportion of all of the	43
following:	44

(i) Prime soils, unique or locally important soils,	45
microclimates, or similar features;	46

(ii) Land that is adjacent to or that is in close proximity	47
to other agricultural land or other land that is conducive to	48
agriculture as defined by rules adopted under this section and	49
that is already or is in the process of becoming permanently	50
protected from development, by agricultural easement or otherwise,	51
so that a buffer would exist between the land involving the	52
proposed agricultural easement and areas that have been developed	53
or likely will be developed for purposes other than agriculture;	54

(iii) The use of best management practices, including	55
federally or state approved conservation plans, and a history of	56
substantial compliance with applicable federal and state laws;	57

(iv) Development pressure that is imminent, but not a result	58
of current location in the direct path of urban development;	59

(v) Areas identified for agricultural protection in local	60
comprehensive land use plans.	61

(c) Any other criteria that the director determines are	62
necessary for selecting applications for matching grants;	63

(d) Requirements regarding the information that must be	64
included in the annual monitoring report that must be prepared for	65
an agricultural easement under division (D)(2) of section 5301.691	66
of the Revised Code, procedures for submitting a copy of the	67
report to the office of farmland preservation in the department of	68
agriculture, and requirements and procedures governing corrective	69
actions that may be necessary to enforce the terms of the	70
agricultural easement.	71

(2) Establish provisions that shall be included in the	72
instrument conveying to a municipal corporation, county, township,	73
or charitable organization any agricultural easement purchased	74
with matching grant funds provided by the director under this	75
section, including, without limitation, all of the following	76
provisions:	77

(a) A provision stating that an easement so purchased may be	78
extinguished only if an unexpected change in the conditions of or	79
surrounding the land that is subject to the easement makes	80
impossible or impractical the continued use of the land for the	81
purposes described in the easement, or if the requirements of the	82
easement are extinguished by judicial proceedings;	83

(b) A provision requiring that, upon the sale, exchange, or	84
involuntary conversion of the land subject to the easement, the	85
holder of the easement shall be paid an amount of money that is at	86
least equal to the proportionate value of the easement compared to	87
the total value of the land at the time the easement was acquired;	88

(c) A provision requiring that, upon receipt of the portion	89
of the proceeds of a sale, exchange, or involuntary conversion	90
described in division (A)(2)(b) of this section, the municipal	91
corporation, county, township, or charitable organization remit to	92
the director an amount of money equal to the percentage of the	93
cost of purchasing the easement it received as a matching grant	94
under this section.	95

Moneys received by the director pursuant to rules adopted	96
under division (A)(2)(c) of this section shall be credited to the	97
agricultural easement purchase fund created in section 901.21 of	98
the Revised Code.	99

(3) Establish a provision that provides a charitable	100
organization described in division (B) of section 5301.69 of the	101
Revised Code, municipal corporation, township, or county with the	102
option of purchasing agricultural easements either in installments	103
or with a lump sum payment. The rules shall include a requirement	104
that a charitable organization, municipal corporation, township,	105
or county negotiate with the seller of the agricultural easement	106
concerning any installment payment terms, including the dates and	107
amounts of payments and the interest rate on the outstanding	108
balance. The rules also shall require the director to approve any	109
method of payment that is undertaken in accordance with the rules	110
adopted under division (A)(3) of this section.	111

(4) Establish any other requirements that the director	112
considers to be necessary or appropriate to implement or	113
administer a program to make matching grants under this section	114
and monitor those grants.	115

(B) The director may develop guidelines regarding the	116
acquisition of agricultural easements by the department of	117
agriculture and the provisions of instruments conveying those	118
easements. The director may make the guidelines available to	119
public and private entities authorized to acquire and hold	120
agricultural easements.	121

(C) The director may provide technical assistance in	122
developing a program for the acquisition and monitoring of	123
agricultural easements to public and private entities authorized	124
to hold agricultural easements. The technical assistance may	125
include, without limitation, reviewing and providing advisory	126
recommendations regarding draft instruments conveying agricultural	127
easements.	128

(D)(1) The director may make matching grants from the	129
agricultural easement purchase fund and the clean Ohio	130
agricultural easement fund to municipal corporations, counties,	131
townships, and charitable organizations described in division (B)	132
of section 5301.69 of the Revised Code, to assist those political	133
subdivisions and charitable organizations in purchasing	134
agricultural easements. Application for a matching grant shall be	135
made on forms prescribed and provided by the director. The	136
matching grants shall be made in compliance with the criteria and	137
procedures established in rules adopted under this section.	138
Instruments conveying agricultural easements purchased with	139
matching grant funds provided under this section, at a minimum,	140
shall include the mandatory provisions set forth in those rules.	141

Matching grants made under this division using moneys from	142
the clean Ohio agricultural easement fund created in section	143
901.21 of the Revised Code may provide up to seventy-five per cent	144
of the value of an agricultural easement as determined by a	145
general real estate appraiser who is certified under Chapter 4763.	146
of the Revised Code or as determined through a points-based	147
appraisal system established under division (D)(2) of this	148
section. Not less than twenty-five per cent of the value of the	149
agricultural easement shall be provided by the recipient of the	150
matching grant or donated by the person who is transferring the	151
easement to the grant recipient. The amount of such a matching	152
grant used for the purchase of a single agricultural easement	153
shall not exceed one million dollars.	154

(2) The director shall establish a points-based appraisal	155
system for the purposes of division (D)(1) of this section. The	156
director may include any or all of the following factors in the	157
system:	158

(a) Whether the applicable county auditor has determined that	159
the land is land that is devoted exclusively to agriculture for	160
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	161

(b) Changes in land values following the completion of the	162
applicable county auditor's reappraisal or triennial update;	163

(c) Soil types and productivity;

164

(d) Proximity of the land to land that is already subject to	165
an agricultural easement, conservation easement created under	166
sections 5301.67 to 5301.70 of the Revised Code, or similar	167
land-use limitation;	168

(e) Proximity of the land to water and sewer lines, road	169
interchanges, and nonagricultural development;	170

(f) Parcel size and roadway frontage of the land;

171

(g) Existence of an agreement entered into under division (D)	172
of section 1515.08 of the Revised Code or of an operation and	173
management plan developed under division (A) of section 1511.021	174
of the Revised Code;	175

(h) Existence of a comprehensive plan that is adopted under	176
section 303.02 or 519.02 of the Revised Code or that is adopted by	177
the planning commission of a municipal corporation under section	178
713.06 of the Revised Code;	179

(i) Any other factors that the director determines are	180
necessary for inclusion in the system.	181

(E) For any agricultural easement purchased with a matching	182
grant that consists in whole or in part of moneys from the clean	183
Ohio agricultural easement fund, the director shall be named as a	184
grantee on the instrument conveying the easement, as shall the	185
municipal corporation, county, township, or charitable	186
organization that receives the grant.	187

(F)(1) The director shall monitor and evaluate the	188
effectiveness and efficiency of the agricultural easement program	189
as a farmland preservation tool. On or before July 1, 1999, and	190
the first day of July of each year thereafter, the director shall	191
prepare and submit a report to the chairpersons of the standing	192
committees of the senate and the house of representatives that	193
consider legislation regarding agriculture. The report shall	194
consider and address the following criteria to determine the	195
program's effectiveness:	196

(a) The number of agricultural easements purchased during the	197
preceding year;	198

(b) The location of those easements;

199

(c) The number of acres of land preserved for agricultural	200
use;	201

(d) The amount of money used by a municipal corporation,	202
township, or county from its general fund or special fund to	203
purchase the agricultural easements;	204

(e) The number of state matching grants given to purchase the	205
agricultural easements;	206

(f) The amount of state matching grant moneys used to	207
purchase the agricultural easements.	208

(2) The report also shall consider and include, at a minimum,	209
the following information for each county to determine the	210
program's efficiency:	211

(a) The total number of acres in the county;

212

(b) The total number of acres in current agricultural use;

213

(c) The total number of acres preserved for agricultural use	214
in the preceding year;	215

(d) The average cost, per acre, of land preserved for	216
agricultural use in the preceding year.	217

Sec. 918.01.  As used in sections 918.01 to 918.11 of the	218
Revised Code:	219

(A) "Federal inspection" means an inspection pursuant to the	220
"Federal Meat Inspection Act," 34 Stat. 1260 (1907), 21 U.S.C.A.	221
71, as amended by the "Wholesome Meat Act," 81 Stat. 584 (1967),	222
21 U.S.C.A. 601, and any subsequent amendments thereto.	223

(B) "State inspection" means the meat inspection service	224
conducted by the department of agriculture.	225

(C) "Establishment" means all premises in the state where	226
animals are slaughtered or otherwise prepared for food purposes,	227
meat canneries, sausage factories, smoking or curing operations,	228
and similar places.	229

(D) "Animals" means cattle, calves, sheep, swine, horses,	230
mules, other equines, goats, and other animals specified under	231
division (A) of section 918.12 of the Revised Code.	232

(E) "Carcass" means all parts, including viscera, of	233
slaughtered animals that are capable of being used for human food.	234

(F) "Meat products" means any product capable of use as human	235
food that is made wholly or in part from any meat or other portion	236
of the carcass of any animal, excepting products whichthat are	237
exempted from definition as a meat product by the director of	238
agriculture under such conditions as hethe director prescribes to	239
ensure that the meat or other portions of such carcasses contained	240
in suchthe product are not adulterated and that suchthe products	241
are not represented as meat products.	242

(G) "Wholesome" means sound, healthful, clean, and otherwise	243
fit for human food.	244

(H) "Adulterated," as applied to any carcass, part thereof,	245
or meat product, has the same meaning as in sections 3715.59 and	246
3715.62 of the Revised Code or as otherwise prescribed by the	247
director by rules.	248

(I) "Inspector" means any employee of the department	249
authorized by the director to inspect animals, carcasses, or meat	250
products.	251

(J) "Official mark" means the official inspection legend or	252
any other symbol prescribed by rules of the director to identify	253
the status of any article or animals under this chapter.	254

(K) "Labeling" means all labels and any other display of	255
written, printed, or graphic matter:	256

(1) Upon any article or any of its containers or wrappers,	257
not including package liners;	258

(2) Accompanying suchan article.

259

(L) "Ohio retained" means that the animal or the meat product	260
so identified is held for further examination by a veterinary	261
inspector to determine its disposal.	262

(M) "Prepared" means slaughtered, canned, salted, rendered,	263
boned, cut up, smoked, cooked, or otherwise manufactured or	264
processed.	265

(N) "Capable of use as human food" as applied to any animal	266
carcass, part thereof, or meat product means any animal carcass,	267
part thereof, or meat food product that is not denatured or	268
otherwise identified as required by state or federal law or rules	269
or regulations to deter its use as human food and that is	270
naturally edible by humans.	271

(O) "Misbranded," as applied to any carcass, part thereof, or	272
meat product has the same meaning as in section 3715.60 of the	273
Revised Code, or as otherwise prescribed by the director by rules.	274

(P) "Retail dealer" or "retail butcher" means any place of	275
business where the sales of products are made to consumers only,	276
at least seventy-five per cent of the total dollar value of sales	277
of products represents sales to household consumers, and the sales	278
of products to consumers other than household consumers does not	279
exceed twenty-eight thousand eight hundred dollars per yearthe	280
adjusted dollars limitation for annual retail sales published in	281
the Federal Register by the food safety and inspection service in	282
the United States department of agriculture.	283

On the first day of March in any year in which an adjustment	284
is made, and whenever the change exceeds five hundred dollars, the	285
director shall adjust the then current ceiling based upon the	286
change in the price of the volume of products whose total price is	287
equal to the then current ceiling. The adjustment shall be equal	288
to the total dollar change in price of the same volume of products	289
between the most recently completed calendar year and the next	290
preceding calendar year as measured by changes in the United	291
States department of labor's national consumer price index for	292
those periods of time.	293

Sec. 918.02.  (A) The director of agriculture, or the	294
director's designee, shall provide ante-mortem inspections of all	295
animals slaughtered at establishments licensed under division (A)	296
of section 918.08 of the Revised Code where and to the extent the	297
director considers it necessary. If, upon inspection, symptoms of	298
disease or other abnormal conditions that would render the animals	299
unfit for human food are found, those animals shall be retained or	300
permanently and conspicuously identified with an official mark	301
indicating they have been condemned and shall be disposed of in a	302
manner prescribed by the director.	303

(B) The director shall provide post-mortem inspection to the	304
extent the director considers necessary of all animals for human	305
food in establishments licensed under division (A) of section	306
918.08 of the Revised Code. The head, tongue, tail, viscera, and	307
other parts, and blood used in the preparation of meat products or	308
medicinal products shall be retained in such a manner as to	309
preserve their identity until the post-mortem examination has been	310
completed. Wholesome carcasses shall be identified with an	311
official mark indicating they have been approved. Each unwholesome	312
carcass shall be marked conspicuously by the inspector at the time	313
of inspection with an official mark indicating the carcass has	314
been condemned, and all carcasses and parts thereof thus inspected	315
and condemned shall be destroyed for food purposes by the	316
establishment in the presence of an inspector. If any carcass or	317
any part thereof, upon examination and inspection subsequent to	318
the first examination and inspection, is found to be adulterated,	319
it shall be destroyed for food purposes by the establishment in	320
the presence of an inspector. All unborn or stillborn animals	321
shall be condemned. Carcasses of animals that have died by means	322
other than slaughter shall not be brought into any room in which	323
meat products are processed, handled, or stored.	324

(C) The director shall provide inspection of all processing	325
operations at establishments licensed under division (A) of	326
section 918.08 of the Revised Code where animal carcasses, parts	327
thereof, or meat products may be brought in and further treated	328
and prepared, and shall provide inspection and supervision in	329
processing departments to ensure that controls are effective at	330
all times.	331

(D) Establishments licensed under section 918.08 of the	332
Revised Code shall furnish satisfactory facilities and assistance	333
for ante-mortem and post-mortem inspections as required by the	334
director. The director may require operations at the	335
establishments to be conducted during reasonable hours. Licensees	336
shall inform the director in advance of intended hours of	337
operation. When one inspector is assigned to make inspections at	338
two or more establishments where few animals are slaughtered, or	339
where small quantities of meat products are prepared, the director	340
may designate the hours of the day and the days of the week during	341
which the establishment may be operated. No person shall deny	342
access to any authorized inspector upon the presentation of proper	343
identification at any reasonable time to such establishments and	344
to records pertaining to the source and sale of carcasses and meat	345
products. The director shall adopt rules in accordance with	346
Chapter 119. of the Revised Code establishing the rate at which an	347
establishment shall reimburse the division of meat inspection for	348
inspection services of more than eight hours in any given day, of	349
more than forty hours in any given week Sunday through Saturday,	350
or on any holiday as specified in division (A) of section 124.19	351
of the Revised Code.	352

(E) The director may limit the entry of animals, animal	353
carcasses, or parts thereof, meat food products, and other	354
materials into any establishment at which inspection is maintained	355
under this chapter to ensure that allowing the entry of such	356
articles into such inspected establishments will be consistent	357
with the purposes of this chapter.	358

(F) All carcasses, parts thereof, and meat products inspected	359
at any establishment under the authority of this chapter and found	360
to be not adulterated, at the time they leave the establishment,	361
shall bear, in distinctly legible forms directly theronthereon or	362
on their containers, appropriate labeling as the director may	363
require in accordance with rules adopted under this chapter. No	364
article subject to this chapter shall be sold or offered for sale	365
by any person, under any names or labeling that is false or	366
misleading.	367

(G) The director shall adopt and enforce sanitation rules	368
pursuant to this chapter, under which establishments shall be	369
maintained. Where the sanitary conditions of any such	370
establishment are such that the meat product is rendered	371
adulterated, the product shall be retained and not allowed to be	372
labeled with an official mark. The rules pertaining to sanitary	373
conditions shall conform with the sanitation standard operating	374
procedures established in Title 9 of the Code of Federal	375
Regulations and shall require that an establishment be evaluated	376
by determining its compliance with those procedures. In addition,	377
the rules shall require that if an establishment does not have a	378
plan for a particular production process under its hazard analysis	379
critical control point systemplan as required in rules, the meat	380
product of the process may be considered to be adulterated and	381
shall be retained pending a production process review and not	382
allowed to be labeled with an official mark.	383

Sec. 918.08.  (A) Except as provided in division (E)(F) of	384
this section, no person shall operate an establishment without	385
first licensing the establishment with the department of	386
agriculture. The owner of an establishment desiring a license with	387
the department may make application therefor on forms provided by	388
the department. If after inspection the director of agriculture	389
finds that an establishment is in compliance with this chapter and	390
rules adopted under it, the director shall notify the owner of the	391
establishment and, upon receipt of the required license fee, the	392
establishment shall be permitted to operate. However, if after	393
inspection the director finds that an establishment is not in	394
compliance with this chapter and rules adopted under it, the	395
director shall deny the license application. The applicant may	396
appeal the denial of the license application in accordance with	397
Chapter 119. of the Revised Code. The license shall expire	398
annually on the thirty-first day of March and, if the director	399
finds that the establishment is in compliance with this chapter	400
and rules adopted under it, shall be renewed according to the	401
standard renewal procedure of sections 4745.01 to 4745.03 of the	402
Revised Code.	403

(B) The annual license fee for each establishment, or a	404
renewal thereof, is fifty dollars. All fees collected under this	405
section shall be deposited into the poultry and meat products fund	406
created in section 918.15 of the Revised Code.	407

(C) If after inspection the director determines that an	408
establishment licensed under division (A) of this section is	409
operating in violation of this chapter or the rules adopted	410
thereunder, the director shall notify the licensee in writing of	411
the violation and give the licensee ten days from the date of	412
notice to cease or correct the conditions causing the violation.	413
If the conditions causing the violation continuescontinue after	414
the expiration of the ten-day period, the director may withdraw	415
inspection and order the establishment to cease those operations	416
subject to this chapter. Any such order and the appeal therefrom	417
shall be governed bydo either of the following:	418

(1) Impose progressive enforcement actions as provided in	419
division (D)(1) of this section in the same manner as inspectors;	420

(2) Suspend or revoke the establishment's license in	421
accordance with Chapter 119. of the Revised Code.	422

(D)(1) If an inspector determines that an establishment	423
licensed under division (A) of this section is operating in	424
violation of sections 918.01 to 918.12 of the Revised Code and	425
rules adopted under those sections, the inspector shallmay notify	426
the licensee in writing of the violation. The inspector	427
immediately may impose progressive enforcement actions, including	428
withholding the mark of inspection, suspension of inspection, and	429
suspension of inspection held in abeyance, and withdrawal of	430
inspection. The progressive enforcement actions may be taken prior	431
to affording the licensee an opportunity for a hearing. As	432
authorized in division (C) of section 119.06 of the Revised Code,	433
a decision to impose ana progressive enforcement action is	434
immediately appealable to a higher authority within the department	435
who is classified by the director as a district supervisor and who	436
is designated by the director to hear the appeal. If the district	437
supervisor affirms the enforcement action of the inspector, the	438
licensee may appeal the enforcement action in accordance with	439
chapterChapter 119. of the Revised Code.	440

(2) As used in this division (D)(1) of this section,	441
"suspension of inspection held in abeyance" means a period of time	442
during which a suspension of inspection is lifted because an	443
establishment has presented the director with a corrective action	444
plan that, if implemented properly, would bring the establishment	445
into compliance with this chapter and rules adopted under it.	446

(E) If in the opinion of the director the establishment is	447
being operated under such insanitary conditions as to be a hazard	448
to public health, or if the director determines that an	449
establishment is not in compliance with its hazard analysis	450
critical control point systemplan as required by rules, the	451
director may condemn or retain the product on hand and immediately	452
withdraw inspection from the establishment until the insanitary	453
conditions are corrected or until the establishment is in	454
compliance with its hazard analysis critical control point system	455
plan, as applicable. The director may take those actions prior to	456
an adjudication hearing as required under section 119.06 of the	457
Revised Code. The director subsequently shall afford a hearing	458
upon the request of the owner or operator of the establishment.	459

(F) Any person operating an establishment as defined in	460
section 918.01 of the Revised Code who also operates on the same	461
premises an establishment as defined in section 918.21 of the	462
Revised Code shall apply either for licensure under section 918.08	463
of the Revised Code or for licensure under section 918.28 of the	464
Revised Code, but not for both, as the director shall determine.	465

(G) If the director determines that the owner or operator of	466
or any person employed by an establishment licensed under division	467
(A) of this section forcibly assaulted, resisted, opposed,	468
impeded, intimidated, or interfered with any person while that	469
person was engaged in, or because of the person's performance of,	470
official duties under sections 918.01 to 918.12 of the Revised	471
Code or the rules adopted under those sections, the director	472
immediately may withdraw inspection from the establishment prior	473
to an adjudication hearing as required under section 119.06 of the	474
Revised Code.	475

(H) In addition to any remedies provided by law and	476
irrespective of whether or not there exists an adequate remedy at	477
law, the director may apply to the court of common pleas of the	478
county in which a violation of sections 918.01 to 918.12 of the	479
Revised Code or rules adopted under those sections occurs for a	480
temporary or permanent injunction or other appropriate relief	481
concerning the violation.	482

Sec. 918.11.  (A) No carcass, parts thereof, or meat products	483
shall be stamped or otherwise identified with an official mark	484
unless the carcass, parts, or products have been so identified at	485
an establishment licensed under division (A) of section 918.08 of	486
the Revised Code.	487

(B) No person shall offer for sale or sell meat or meat	488
products that have not been inspected in compliance with sections	489
918.01 to 918.11 of the Revised Code.	490

(C) No person shall knowingly offer for sale or sell	491
adulterated meat or meat products that are detrimental to public	492
health and safety.	493

(D) All fines and penalties recovered for violating this	494
section shall be deposited into the poultry and meat products fund	495
created in section 918.15 of the Revised Code.	496

Sec. 918.25.  The director of agriculture shall, in	497
accordance with Chapter 119. of the Revised Code, adopt and	498
enforce rules as necessary for the implementation, administration,	499
and enforcement of sections 918.21 to 918.31 of the Revised Code.	500
The rules shall meet or exceed the federal standards for meat	501
inspection established in Title 9 of the Code of Federal	502
Regulations. The rules adopted under this section shall provide	503
for the protection of the public health, safety, and welfare and	504
for maximum coordination and cooperation between state and federal	505
programs for regulation of poultry and poultry products, and may	506
include the following:	507

(A) Exemption of certain products as "poultry products" under	508
the definition in section 918.21 of the Revised Code;	509

(B) Provision for the retention, identification, and disposal	510
of condemned poultry and poultry products and for the	511
identification of approved products;	512

(C) Sanitary requirements for premises, facilities, and	513
equipment, for the operation thereof, and for the storage and	514
handling of poultry and poultry products in establishments	515
licensed under section 918.28 of the Revised Code. The rules	516
pertaining to sanitary conditions shall conform with the	517
sanitation standard operating procedures in Title 9 of the Code of	518
Federal Regulations and shall require that an establishment be	519
evaluated by determining its compliance with those procedures.	520

(D) Requirements for maintenance of records under section	521
918.24 of the Revised Code;	522

(E) Procedures for application and licensing, and the	523
revocation and suspension of licenses;	524

(F) Requirements for marking and attaching the information	525
required by section 918.31 of the Revised Code, including specific	526
styles, legibility and size of type, method of affixing,	527
variations, and exemptions;	528

(G) Such other rules as are necessary for the proper	529
administration, implementation, and enforcement of sections 918.21	530
to 918.31 of the Revised Code, including rules requiring that an	531
inspection of an establishment's slaughter and processing	532
operations be conducted in accordance with the establishment's	533
hazard analysis critical control point systemplan. In addition,	534
the rules shall require that if an establishment does not have a	535
plan for a particular production process under its hazard analysis	536
critical control point systemplan as required in rules, the	537
poultry product of the process may be considered to be adulterated	538
and shall be retained pending a production process review and not	539
allowed to be labeled with an official mark.	540

Sec. 918.28.  (A) Except as provided in division (F) of	541
section 918.08 of the Revised Code, application for a license to	542
operate an establishment shall be made to the director of	543
agriculture on forms provided by the department of agriculture.	544
The director shall inspect the establishment and if, upon	545
inspection, the establishment is found to be in compliance with	546
sections 918.21 to 918.31 of the Revised Code,this chapter and	547
rules adopted under it, the director shall so notify the owner of	548
the establishment and, upon receipt of the annual license fee of	549
fifty dollars, shall issue the owner a license. However, if after	550
inspection the director finds that an establishment is not in	551
compliance with this chapter and rules adopted under it, the	552
director shall deny the license application. The applicant may	553
appeal the denial of the license application in accordance with	554
Chapter 119. of the Revised Code. The license shall expire on the	555
thirty-first day of March of each year and, if the director finds	556
that the establishment is in compliance with this chapter and	557
rules adopted under it, shall be renewed according to the standard	558
renewal procedures of sections 4745.01 to 4745.03 of the Revised	559
Code.	560

(B) If after inspection the director determines that an	561
establishment licensed under this section is operating in	562
violation of sections 918.21 to 918.31 of the Revised Code,this	563
chapter or a rule or order adopted or madeissued under authority	564
thereof, the director shall notify the licensee in writing of the	565
violation, giving the licensee ten days from the date of the	566
notice to correct the conditions causing the violation. If the	567
conditions are not corrected within the ten-day period, the	568
director may revokedo either of the following:	569

(1) Impose progressive enforcement actions as provided in	570
division (C)(1) of this section in the same manner as inspectors;	571

(2) Suspend or suspendrevoke the license in accordance with	572
Chapter 119. of the Revised Code.	573

(C)(1) If an inspector determines that an establishment	574
licensed under division (A) of this section is operating in	575
violation of sections 918.21 to 918.31 of the Revised Code and	576
rules adopted under those sections, the inspector shallmay notify	577
the licensee in writing of the violation. The inspector	578
immediately may impose progressive enforcement actions, including	579
withholding the mark of inspection, suspension of inspection, and	580
suspension of inspection held in abeyance, and withdrawal of	581
inspection. The progressive enforcement actions may be taken prior	582
to affording the licensee an opportunity for a hearing. As	583
authorized in division (C) of section 119.06 of the Revised Code,	584
a decision to impose ana progressive enforcement action is	585
immediately appealable to a higher authority within the department	586
who is classified by the director as a district supervisor and who	587
is designated by the director to hear the appeal. If the district	588
supervisor affirms the enforcement action of the inspector, the	589
licensee may appeal the enforcement action in accordance with	590
Chapter 119. of the Revised Code.	591

(2) As used in this division (C)(1) of this section,	592
"suspension of inspection held in abeyance" means a period of time	593
during which a suspension of inspection is lifted because an	594
establishment ashas presented the director with a corrective	595
action plan that, if implemented properly, would bring the	596
establishment into compliance with this chapter and rules adopted	597
under it.	598

(D) If in the opinion of the director the establishment is	599
being operated under such insanitary conditions as to be a hazard	600
to public health, or if the director determines that an	601
establishment is not in compliance with its hazard analysis	602
critical control point systemplan as required by rules, the	603
director may condemn or retain the product on hand and immediately	604
withdraw inspection from the plantestablishment until such time	605
as the insanitary conditions are corrected or until the	606
establishment is in compliance with its hazard analysis critical	607
control point systemplan, as applicable.	608

(E) If the director determines that the owner or operator of	609
or any person employed by an establishment licensed under division	610
(A) of this section forcibly assaulted, resisted, opposed,	611
impeded, intimidated, or interfered with any person while that	612
person was engaged in, or because of the person's performance of,	613
official duties under sections 918.21 to 918.31 of the Revised	614
Code or the rules adopted under those sections, the director	615
immediately may withdraw inspection from the establishment prior	616
to an adjudication hearing as required under section 119.06 of the	617
Revised Code.	618

(F) In addition to any remedies provided by law and	619
irrespective of whether or not there exists an adequate remedy at	620
law, the director may apply to the court of common pleas of the	621
county in which a violation of sections 918.21 to 918.31 of the	622
Revised Code or rules adopted under those sections occurs for a	623
temporary or permanent injunction or other appropriate relief	624
concerning the violation.	625

Sec. 955.51.  (A) Any owner of horsesAs used in sections	626
955.51 to 955.53 of the Revised Code:	627

(1) "Animal" means a horse, mule, sheep, head of cattle,	628
swine, mules, goatsgoat, domestic rabbitsrabbit, or domestic	629
fowl or poultry that have an aggregate fair market value of ten	630
dollars or more and.	631

(2) "Fair market value" means the average price that is paid	632
for a healthy grade animal at a livestock auction selected by the	633
director of agriculture and licensed under Chapter 943. of the	634
Revised Code.	635

(3) "Grade animal" means an animal that is not eligible for	636
registration by a breed association or in a registry.	637

(4) "Predator" means a coyote or a black vulture.

638

(B) An owner of an animal that havehas been injured or	639
killed by a coyote or a black vulturepredator and that the owner	640
believes has a fair market value of more than twenty-five dollars	641
shall notify the dog wardendo both of the following within three	642
daysseventy-two hours after the loss or injury has been	643
discovered. The:	644

(1) Notify the dog warden by telephone;

645

(2) Document by photograph the wounds sustained by the	646
animal.	647

If the owner chooses to file a claim under sections 955.51 to	648
955.53 of the Revised Code, the owner shall complete a claim form	649
for indemnification in quadruplicate as prescribed by the director	650
in section 955.53 of the Revised Code and provided by the dog	651
warden. The owner may request, and the dog warden shall provide,	652
assistance in filling out the form. For the purposes of section	653
955.52 of the Revised Code, the owner shall send to the department	654
of agriculture, within thirty days after discovery of the animal,	655
the original copy of the claim form, all photographs documenting	656
the wounds of the animal, and any other pertinent facts in the	657
possession of the owner.	658

If the animal that is killed or injured is registered by any	659
accepted association or in an accepted registry, the owner shall	660
submit with the claim form that is filed with the department the	661
registration papers showing the animal's lines of breeding, age,	662
and other relevant information. If the animal is the offspring of	663
registered stock and is eligible for registration, the	664
registration papers showing the lines of breeding of the offspring	665
shall be submitted as well.	666

The owner shall retain a copy of the claim form and provide a	667
copy of the form to both the dog warden and the wildlife officer	668
that investigates the claim, if applicable.	669

(C) Following notification from the owner of an animal under	670
division (B) of this section, the dog warden promptly shall	671
investigate the loss or injury and shall determine whether or not	672
the loss or injury was made by a coyote or a black vulture	673
predator. If the dog warden findsdetermines that the loss or	674
injury was not made by a coyote or a black vulturepredator, the	675
owner has no claim under sections 955.51 to 955.53 of the Revised	676
Code. If the dog warden findsdetermines that the loss or injury	677
was made by a coyote or a black vulturepredator, the dog warden	678
promptly shall notify by telephone the wildlife officer of that	679
findingdetermination. For the purposes of section 955.52 of the	680
Revised Code, the dog warden shall send to the department the dog	681
warden's determination of whether the animal was killed or injured	682
by a predator and any other documents, testimony, or information	683
that the dog warden has received relating to the loss or injury of	684
the animal. The	685

(D) Following notification from the dog warden under division	686
(C) of this section, the wildlife officer then shall confirm the	687
findingdetermination of the dog warden on the claim, disaffirm	688
it, or state that the wildlife officer is uncertain about the	689
findingdetermination. If the wildlife officer disaffirms the	690
determination of the dog warden, the owner has no claim under	691
sections 955.51 to 955.53 of the Revised Code. If the wildlife	692
officer affirms the findingdetermination of the dog warden or	693
states that the wildlife officer is uncertain about that finding	694
determination, the owner may proceed with a claim under sections	695
955.51 to 955.53 of the Revised Code, and the dog warden shall	696
provide the owner with duplicate copies of the claim form provided	697
for in section 955.53 of the Revised Code and assist the owner in	698
filling it out. The owner shall set forth the kind, grade,	699
quality, and what the owner has determined is the fair market	700
value of the animals, fowl, or poultry, the nature and amount of	701
the loss or injury, the place where the loss or injury occurred,	702
and all other pertinent facts in the possession of the claimant.	703
If the animals, fowl, or poultry die as a result of their	704
injuries, their fair market value is the market value of uninjured	705
animals, fowl, or poultry on the date of the death of the injured	706
animals, fowl, or poultry. If the animals, fowl, or poultry do not	707
die as a result of their injuries, their fair market value is	708
their market value on the date on which they received their	709
injuries.	710

(B) If the dog warden finds all the statements that the owner	711
made on the form to be correct and agrees with the owner as to the	712
fair market value of the animals, fowl, or poultry, the dog warden	713
promptly shall so certify and send both copies of the form,	714
together with whatever other documents, testimony, or information	715
the dog warden has received relating to the loss or injury, to the	716
department of agriculture.	717

(C) If the dog warden does not find all the statements to be	718
correct or does not agree with the owner as to the fair market	719
value, the owner may appeal to the department of agriculture for a	720
determination of the owner's claim. In that case the owner shall	721
secure statements as to the nature and amount of the loss or	722
injury from at least two witnesses who viewed the results of the	723
killing or injury and who can testify about the results and shall	724
submit both copies of the form to the department no later than	725
twenty days after the loss or injury was discovered. The dog	726
warden shall submit to the department whatever documents,	727
testimony, and other information the dog warden has received	728
relating to the loss or injury. The department shall receive any	729
other information or testimony that will enable it to determine	730
the fair market value of the animals, fowl, or poultry injured or	731
killed.	732

(D) If the animals, fowl, or poultry described in division	733
(A) of this section are registered in any accepted association or	734
registry, the owner or the owner's employee or tenant shall submit	735
with the claim form the registration papers showing the lines of	736
breeding, age, and other relevant matters. If the animals are the	737
offspring of registered stock and eligible for registration, the	738
registration papers showing the breeding of the offspring shall be	739
submittedwildlife officer shall so notify in writing the	740
department for the purposes of section 955.52 of the Revised Code.	741

Sec. 955.52. (A)(1) The department of agriculture shall hear	742
claims submitted to itthat are approved by the dog warden and	743
supported by the wildlife officer pursuant to section 955.51 of	744
the Revised Code in the order of their filing and may allow the	745
claims in full or in part, or may disallow any claim, as the	746
testimony showsand information submitted under that section show	747
to be just. The department shall make the final determination of	748
the fair market value of any animal, foul, or poultry that is the	749
subject of a claim. The	750

If the animal that is the subject of a claim dies as a result	751
of the injuries that it received from a predator, the amount of	752
indemnity is the fair market value of the animal on the date of	753
its death. If the animal that is the subject of a claim does not	754
die as a result of the injuries that it received from a predator,	755
the amount of indemnity is the fair market value of the animal on	756
the date that it received its injuries. If the animal that is the	757
subject of a claim is registered or eligible for registration as	758
described in division (B) of section 955.51 of the Revised Code,	759
the amount of indemnity is one hundred twenty-five per cent of the	760
fair market value of the animal on the date that the animal was	761
killed or injured. If the date of death or injury of an animal	762
cannot be determined, the amount of indemnity shall be based on	763
the fair market value of the animal on the date that the animal	764
was discovered by its owner.	765

(2) If the owner of an animal does not agree with the	766
department's determination of the animal's fair market value, the	767
owner may appeal the determination in accordance with Chapter 119.	768
of the Revised Code.	769

(3) The department shall certify any claim or part of a claim	770
that has been found to be valid under division (A)(1) of this	771
section. Claims certified in accordance with this section shall be	772
paid out of the agro Ohio fund provided for in section 901.04 of	773
the Revised Codemoney that has been appropriated from the general	774
revenue fund for the purposes of sections 955.51 to 955.53 of the	775
Revised Code, except that no claim shall be paid from the fund	776
that money if aeither of the following applies:	777

(a) A claim for the same loss or injury has been paid or is	778
payable under a policy or policies of insurance. However, a claim	779
may be paid from the fund for the amount of any deductible paid or	780
payable by the claimant under such insurance.	781

(b) The owner of an animal who otherwise would receive	782
indemnity under a claim has been paid more than five hundred	783
dollars within the immediately preceding calendar year from money	784
so appropriated. However, that owner may be paid if the owner has	785
implemented a voluntary animal damage control plan that meets the	786
requirements established in rules adopted under division (D) of	787
this section.	788

(B) If at any time the money that has been appropriated from	789
the general revenue fund for the purposes of sections 955.51 to	790
955.53 of the Revised Code for a fiscal year is not sufficient to	791
pay certified claims, the department shall disapprove those	792
claims. Any claim that has been disapproved due to lack of money	793
shall not be resubmitted.	794

(C) The department either may assist owners in developing and	795
implementing a voluntary animal damage control plan to prevent and	796
minimize loss or injury to animals by predators or may enter into	797
an agreement with another state agency, a federal agency, or a	798
person to provide such assistance. The department may use no more	799
than fifty per cent or twenty-five thousand dollars, whichever is	800
less, of the money that is appropriated for the purposes of	801
sections 955.51 to 955.53 of the Revised Code to pay the costs	802
incurred by the department for either providing assistance under	803
this division or entering into an agreement under this division to	804
provide that assistance.	805

(D) The director of agriculture shall adopt rules in	806
accordance with Chapter 119. of the Revised Code that are	807
necessary to administer sections 955.51 to 955.53 of the Revised	808
Code, including rules that establish requirements governing	809
voluntary animal damage control plans.	810

Sec. 955.53.  All claims against the agro Ohio fund pursuant	811
tomoney appropriated from the general revenue fund for the	812
purposes of sections 955.51 and 955.52to 955.53 of the Revised	813
Code and all accompanying statements and testimony shall be upon	814
claim forms prepared by the director of agriculture and furnished	815
by the dog warden. The forms shall not require an affidavit, but	816
shall contain lines for the signatures of the claimant and	817
witnesses and, immediately above those lines, the sentence, "This	818
statement is made subject to the criminal penalties for	819
falsification provided for in section 2921.13 of the Revised	820
Code."	821

Sec. 3715.65.  (A) No person shall sell, deliver, offer for	822
sale, hold for sale, or give away any new drug unless:	823

(1) Anan application with respect to the drug has become	824
effective under section 505 of the "Federal Food, Drug, and	825
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.	826

(2) If the drug is not subject to the "Federal Food, Drug,	827
and Cosmetic Act," the drug has been tested and found to be safe	828
for use under the conditions prescribed, recommended, or suggested	829
in its labeling, and, prior to selling the drug or offering it for	830
sale, there has been filed with the director of agriculture an	831
application setting forth all of the following:	832

(a) Full reports of investigations that have been made to	833
show whether or not the drug is safe for use;	834

(b) A full list of the articles used as components of the	835
drug;	836

(c) A full statement of the drug's composition;

837

(d) A full description of the methods used in, and the	838
facilities and controls used for, the manufacture, processing, and	839
packing of the drug;	840

(e) Samples, as the director may require, of the drug and the	841
articles used as components of the drug;	842

(f) Specimens of the labeling proposed to be used for the	843
drug.	844

(B) An application provided for in division (A)(2) of this	845
section shall become effective sixty days after it is filed,	846
except that if the director finds after due notice to the	847
applicant and after giving the applicant an opportunity for a	848
hearing, that the drug is not safe for use under the conditions	849
prescribed, recommended, or suggested in the drug's proposed	850
labeling, the director shall, prior to the effective date of the	851
application, issue an order refusing to permit the application to	852
become effective. The order may be revoked by the director.	853

(C) This section does not apply to the following:

854

(1) A drug intended solely for investigational use by experts	855
qualified by scientific training and experience to investigate the	856
safety of drugs, provided that the drug is plainly labeled "For	857
investigational use only";	858

(2) A drug sold in this state at any time prior to the	859
enactment of sections 3715.01 and 3715.52 to 3715.72 of the	860
Revised Code, or introduced into interstate commerce at any time	861
prior to the enactment of the "Federal Food, Drug, and Cosmetic	862
Act";	863

(3) Any drug that is licensed under the "Public Health	864
Service Act," 58 Stat. 682 (1944), 42 U.S.C.A. 301, as amended, or	865
under the "Virus-Serum-Toxin Act," 37 Stat. 832 (1913), 21	866
U.S.C.A. 151, as amended.	867

Section 2.  That existing sections 901.22, 918.01, 918.02,	868
918.08, 918.11, 918.25, 918.28, 955.51, 955.52, 955.53, and	869
3715.65 of the Revised Code are hereby repealed.	870