As Passed by the House

125th General Assembly
Regular Session
2003-2004
Sub. S. B. No. 202


Senators Mumper, Austria, White, Roberts 

Representatives Aslanides, Gibbs, C. Evans, Niehaus, Schlichter, Widener 



A BILL
To amend sections 183.12, 317.32, 505.101, 901.21, 1
901.22, 917.01, 917.02, 917.031, 917.09, 917.091, 2
917.19, 917.22, 918.01, 918.02, 918.08, 918.11, 3
918.25, 918.28, 921.06, 921.23, 955.51 to 955.53, 4
1515.01, 1515.14, 1515.21, 1515.24, 3707.38, 5
3715.65, 5301.68, 5301.691, and 6131.23, to enact 6
sections 1515.18, 1515.181, 1515.182, 1515.183, 7
1515.184, 1515.185, 1515.19, 1515.191, 1515.192, 8
1515.193, and 1515.211, and to repeal section 9
1515.20 of the Revised Code to revise the laws 10
governing the inspection of meat and poultry, 11
claims for injuries to certain animals by coyotes 12
or black vultures, dairies, agricultural 13
easements, licensure for purposes of applying 14
pesticides, and applications concerning new drugs; 15
to authorize soil and water conservation districts 16
to acquire agricultural easements; to authorize a 17
board of township trustees to enter into a 18
contract with a soil and water conservation 19
district, without advertising or bidding, for the 20
purchase of services; to establish procedures and 21
other requirements governing the construction of 22
an improvement by a soil and water conservation 23
district; to include money from tax levies for the 24
benefit of local soil and water conservation 25
districts in matching state grants to those 26
districts; to extend the maximum repayment period 27
for bonds sold by a board of county commissioners 28
for soil and water conservation district 29
improvements; and to authorize the Director of 30
Agriculture and the Director of Development to 31
appoint designees to serve in their places as ex 32
officio officers of the board of trustees of the 33
Southern Ohio Agricultural and Community 34
Development Foundation.35


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

       Section 1.  That sections 183.12, 317.32, 505.101, 901.21, 36
901.22, 917.01, 917.02, 917.031, 917.09, 917.091, 917.19, 917.22, 37
918.01, 918.02, 918.08, 918.11, 918.25, 918.28, 921.06, 921.23, 38
955.51, 955.52, 955.53, 1515.01, 1515.14, 1515.21, 1515.24, 39
3707.38, 3715.65, 5301.68, 5301.691, and 6131.23 be amended and 40
sections 1515.18, 1515.181, 1515.182, 1515.183, 1515.184, 41
1515.185, 1515.19, 1515.191, 1515.192, 1515.193, and 1515.211 of 42
the Revised Code be enacted to read as follows:43

       Sec. 183.12.  There is hereby created the southern Ohio44
agricultural and community development foundation, the general45
management of which is vested in a board of trustees of sixteen46
members as follows:47

       (A) The director of agriculture or the director's designee, 48
the director of development or the director's designee, the49
executive director of the Ohio rural development partnership, and50
director or designee of the director of the Ohio state university51
extension or the director's designee, who shall serve as ex 52
officio officers;53

       (B) Two residents of major tobacco-producing counties with54
experience in local agricultural economic development or community55
development, who shall be appointed by the governor;56

       (C) Three active farmers from major tobacco-producing57
counties, who shall be appointed by the governor, two of whom58
shall be appointed from a list of at least four individuals59
recommended by the Ohio farm bureau and one of whom shall be60
appointed from a list of at least two individuals recommended by61
the farmers' union;62

       (D) Three active tobacco farmers from major tobacco-producing63
counties, who shall be appointed by the governor from a list of at 64
least six individuals recommended by the Ohio tobacco growers 65
association;66

       (E) One nonvoting member, who shall be a member of the house67
of representatives of the political party of which the speaker of68
the house of representatives is a member and who shall be69
appointed by the speaker;70

       (F) One nonvoting member, who shall be a member of the house71
of representatives of the major political party of which the72
speaker of the house of representatives is not a member and who73
shall be appointed by the speaker;74

       (G) One nonvoting member, who shall be a member of the senate75
of the political party of which the president of the senate is a76
member and who shall be appointed by the president;77

       (H) One nonvoting member, who shall be a member of the senate78
of the major political party of which the president of the senate79
is not a member and who shall be appointed by the president.80

       The appointments of the governor shall be with the advice and81
consent of the senate.82

       Terms of office for the members appointed by the governor83
shall be for five years. The terms of legislative members shall be84
for the biennial session of the general assembly in which they are85
appointed. Each member shall hold office from the date of86
appointment until the end of the term for which the member was87
appointed. Any member appointed to fill a vacancy occurring prior88
to the expiration of the term for which the member's predecessor89
was appointed shall hold office for the remainder of that term. 90
Any member shall continue in office subsequent to the expiration91
date of the member's term until the member's successor takes92
office, or until a period of sixty days has elapsed, whichever93
occurs first. The governor may remove any non-legislative member 94
for malfeasance, misfeasance, or nonfeasance after a hearing in95
accordance with Chapter 119. of the Revised Code.96

       A vacancy on the board shall be filled in the same manner as97
the original appointment.98

       The members of the board shall serve without compensation,99
but shall receive their reasonable and necessary expenses incurred 100
in the conduct of foundation business.101

       Sections 101.82 to 101.87 of the Revised Code do not apply to 102
the foundation.103

       As used in this section, "major tobacco-producing counties"104
means any of the counties, ranked in descending order of pounds105
produced, where ninety-five per cent of the 1998 burley tobacco106
quota for the state was produced.107

       Sec. 317.32.  The county recorder shall charge and collect108
the following fees, to include base fees for the recorder's 109
services and housing trust fund fees, collected pursuant to 110
section 317.36 of the Revised Code:111

       (A) For recording and indexing an instrument when the112
photocopy or any similar process is employed, a base fee of 113
fourteen dollars for the first two pages and a housing trust fund 114
fee of fourteen dollars, and a base fee of four dollars and a 115
housing trust fund fee of four dollars for each subsequent page,116
size eight and one-half inches by fourteen inches, or fraction of117
a page, including the caption page, of such instrument;118

       (B) For certifying a photocopy from the record previously119
recorded, a base fee of one dollar and a housing trust fund fee of 120
one dollar per page, size eight and one-half inches by fourteen 121
inches, or fraction of a page; for each certification where the 122
recorder's seal is required, except as to instruments issued by 123
the armed forces of the United States, a base fee of fifty cents 124
and a housing trust fund fee of fifty cents;125

       (C) For manual or typewritten recording of assignment or126
satisfaction of mortgage or lease or any other marginal entry, a 127
base fee of four dollars and a housing trust fund fee of four 128
dollars;129

       (D) For entering any marginal reference by separate recorded130
instrument, a base fee of two dollars and a housing trust fund fee 131
of two dollars for each marginal reference set out in that 132
instrument, in addition to the fees set forth in division (A) of 133
this section;134

       (E) For indexing in the real estate mortgage records,135
pursuant to section 1309.519 of the Revised Code, financing136
statements covering crops growing or to be grown, timber to be137
cut, minerals or the like, including oil and gas, accounts subject138
to section 1309.301 of the Revised Code, or fixture filings made139
pursuant to section 1309.334 of the Revised Code, a base fee of 140
two dollars and a housing trust fund fee of two dollars for each 141
name indexed;142

       (F) For recording manually any plat not exceeding six lines, 143
a base fee of two dollars and a housing trust fund fee of two 144
dollars, and for each additional line, a base fee of ten cents and 145
a housing trust fund fee of ten cents;146

       (G) For filing zoning resolutions, including text and maps,147
in the office of the recorder as required under sections 303.11148
and 519.11 of the Revised Code, a base fee of fifty dollars and a 149
housing trust fund fee of fifty dollars, regardless of the size or 150
length of the resolutions;151

       (H) For filing zoning amendments, including text and maps, in 152
the office of the recorder as required under sections 303.12 and 153
519.12 of the Revised Code, a base fee of ten dollars and a 154
housing trust fund fee of ten dollars for the first page and a 155
base fee of four dollars and a housing trust fund fee of four 156
dollars for each additional page;157

       (I) For photocopying a document, other than at the time of158
recording and indexing as provided for in division (A) of this159
section, a base fee of one dollar and a housing trust fund fee of 160
one dollar per page, size eight and one-half inches by fourteen 161
inches, or fraction thereof;162

       (J) For local facsimile transmission of a document, a base 163
fee of one dollar and a housing trust fund fee of one dollar per 164
page, size eight and one-half inches by fourteen inches, or 165
fraction thereof; for long distance facsimile transmission of a 166
document, a base fee of two dollars and a housing trust fund fee 167
of two dollars per page, size eight and one-half inches by 168
fourteen inches, or fraction thereof;169

       (K) For recording a declaration executed pursuant to section170
2133.02 of the Revised Code or a durable power of attorney for171
health care executed pursuant to section 1337.12 of the Revised172
Code, or both a declaration and a durable power of attorney for173
health care, a base fee of at least fourteen dollars but not more 174
than twenty dollars and a housing trust fund fee of at least 175
fourteen dollars but not more than twenty dollars.176

       In any county in which the recorder employs the photostatic177
or any similar process for recording maps, plats, or prints the178
recorder shall determine, charge, and collect for the recording or179
rerecording of any map, plat, or print, a base fee of five cents 180
and a housing trust fund fee of five cents per square inch, for 181
each square inch of the map, plat, or print filed for that 182
recording or rerecording, with a minimum base fee of twenty183
dollars and a minimum housing trust fund fee of twenty dollars; 184
for certifying a copy from the record, a base fee of two cents and 185
a housing trust fund fee of two cents per square inch of the 186
record, with a minimum base fee of two dollars and a minimum 187
housing trust fund fee of two dollars.188

       The fees provided in this section shall be paid upon the189
presentation of the instruments for record or upon the application190
for any certified copy of the record, except that the payment of191
fees associated with the filing and recording of, or the copying192
of, notices of internal revenue tax liens and notices of other193
liens in favor of the United States as described in division (A)194
of section 317.09 of the Revised Code and certificates of195
discharge or release of those liens, shall be governed by section196
317.09 of the Revised Code, and the payment of fees for providing197
copies of instruments conveying or extinguishing agricultural198
easements to the office of farmland preservation in the department 199
of agriculture under division (G)(H) of section 5301.691 of the 200
Revised Code shall be governed by that division.201

       Sec. 505.101.  The board of township trustees of any township 202
may, by resolution, enter into a contract, without advertising or 203
bidding, for the purchase or sale of materials, equipment, or 204
supplies from or to any department, agency, or political 205
subdivision of the state, for the purchase of services with a soil 206
and water conservation district established under Chapter 1515. of 207
the Revised Code, or for the purchase of supplies, services, 208
materials, and equipment with a regional planning commission 209
pursuant to division (D) of section 713.23 of the Revised Code. 210
The resolution shall:211

       (A) Set forth the maximum amount to be paid as the purchase 212
price for the materials, equipment, or supplies, or services;213

       (B) Describe the type of materials, equipment, or supplies, 214
or services that are to be purchased;215

       (C) Appropriate sufficient funds to pay the purchase price216
for the materials, equipment, or supplies, or services, except 217
that no such appropriation is necessary if funds have been 218
previously appropriated for the purpose and remain unencumbered at 219
the time the resolution is adopted.220

       Sec. 901.21.  (A) As used in this section and section 901.22221
of the Revised Code:222

       (1) "Agricultural easement" has the same meaning as in223
section 5301.67 of the Revised Code.224

       (2) "Agriculture" means those activities occurring on land225
devoted exclusively to agricultural use, as defined in section226
5713.30 of the Revised Code, or on land that constitutes a227
homestead.228

       (3) "Homestead" means the portion of a farm on which is229
located a dwelling house, yard, or outbuildings such as a barn or230
garage.231

       (B) The director of agriculture may acquire real property232
used predominantly in agriculture and agricultural easements by233
gift, devise, or bequest if, at the time an easement is granted,234
such an easement is on land that is valued for purposes of real235
property taxation at its current value for agricultural use under236
section 5713.31 of the Revised Code or that constitutes a237
homestead. Any terms may be included in an agricultural easement238
so acquired that are necessary or appropriate to preserve on239
behalf of the grantor of the easement the favorable tax240
consequences of the gift, devise, or bequest under the "Internal241
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.242
The director, by any such means or by purchase or lease, may243
acquire, or acquire the use of, stationary personal property or244
equipment that is located on land acquired in fee by the director245
under this section and that is necessary or appropriate for the246
use of the land predominantly in agriculture.247

       (C) The director may do all things necessary or appropriate248
to retain the use of real property acquired in fee under division249
(B) of this section predominantly in agriculture, including,250
without limitation, performing any of the activities described in251
division (A)(1) or (2) of section 5713.30 of the Revised Code or252
entering into contracts to lease or rent the real property so253
acquired to persons or governmental entities that will use the254
land predominantly in agriculture.255

       (D)(1) When the director considers it to be necessary or256
appropriate, the director may sell real property acquired in fee,257
and stationary personal property or equipment acquired by gift,258
devise, bequest, or purchase, under division (B) of this section259
on such terms as the director considers to be advantageous to this260
state.261

       (2) An agricultural easement acquired under division (B) of262
this section may be extinguished under the circumstances263
prescribed, and in accordance with the terms and conditions set264
forth, in the instrument conveying the agricultural easement.265

       (E) There is hereby created in the state treasury the266
agricultural easement purchase fund. The fund shall consist of the 267
proceeds received from the sale of real and personal property268
under division (D) of this section; moneys received due to the269
extinguishment of agricultural easements acquired by the director270
under division (B) of this section or section 5301.691 of the271
Revised Code; moneys received due to the extinguishment of272
agricultural easements purchased with the assistance of matching273
grants made under section 901.22 of the Revised Code; gifts,274
bequests, devises, and contributions received by the director for275
the purpose of acquiring agricultural easements; and grants276
received from public or private sources for the purpose of277
purchasing agricultural easements. The fund shall be administered278
by the director, and moneys in the fund shall be used by the279
director exclusively to purchase agricultural easements under280
division (A) of section 5301.691 of the Revised Code and provide281
matching grants under section 901.22 of the Revised Code to282
municipal corporations, counties, townships, soil and water 283
conservation districts established under Chapter 1515. of the 284
Revised Code, and charitable organizations described in division 285
(B) of section 5301.69 of the Revised Code for the purchase of 286
agricultural easements. Money in the fund shall be used only to287
purchase agricultural easements on land that is valued for288
purposes of real property taxation at its current value for289
agricultural use under section 5713.31 of the Revised Code or that290
constitutes a homestead when the easement is purchased.291

       (F) There is hereby created in the state treasury the clean292
Ohio agricultural easement fund. Twelve and one-half per cent of293
net proceeds of obligations issued and sold pursuant to sections294
151.01 and 151.09 of the Revised Code shall be deposited into the295
fund. The fund shall be used by the director for the purposes of 296
sections 901.21 andthis section, section 901.22 of the Revised 297
Code, and the provisions of sections 5301.67 to 5301.70 of the 298
Revised Code governing agricultural easements. Investment earnings 299
of the fund shall be credited to the fund and may be used to pay 300
costs incurred by the director in administering those sections and301
provisions.302

       (G) The term of an agricultural easement purchased wholly or303
in part with money from the clean Ohio agricultural easement fund304
or the agricultural easement purchase fund shall be perpetual and305
shall run with the land.306

       Sec. 901.22.  (A) The director of agriculture, in accordance307
with Chapter 119. of the Revised Code, shall adopt rules that do308
all of the following:309

       (1) Establish procedures and eligibility criteria for making310
matching grants to municipal corporations, counties, townships,311
soil and water conservation districts established under Chapter 312
1515. of the Revised Code, and charitable organizations described 313
in division (B) of section 5301.69 of the Revised Code for the 314
purchase of agricultural easements. With respect to agricultural 315
easements that are purchased or proposed to be purchased with such 316
matching grants that consist in whole or in part of moneys from 317
the clean Ohio agricultural easement fund created in section 318
901.21 of the Revised Code, the rules shall establish all of the 319
following:320

       (a) Procedures for all of the following:321

       (i) Soliciting and accepting applications for matching322
grants;323

       (ii) Participation by local governments and by the public in324
the process of making matching grants to charitable organizations;325

       (iii) Notifying local governments, charitable organizations,326
and organizations that represent the interests of farmers of the327
ranking system established in rules adopted under division328
(A)(1)(b) of this section.329

       (b) A ranking system for applications for the matching grants 330
that is based on the soil type, proximity of the land or other 331
land that is conducive to agriculture as defined by rules adopted 332
under this section and that is the subject of an application to 333
other agricultural land or other land that is conducive to 334
agriculture as defined by rules adopted under this section and 335
that is already or is in the process of becoming permanently 336
protected from development, farm stewardship, development 337
pressure, and, if applicable, a local comprehensive land use plan 338
involved with a proposed agricultural easement. The rules shall 339
require that preference be given to proposed agricultural 340
easements that involve the greatest proportion of all of the 341
following:342

       (i) Prime soils, unique or locally important soils,343
microclimates, or similar features;344

       (ii) Land that is adjacent to or that is in close proximity345
to other agricultural land or other land that is conducive to346
agriculture as defined by rules adopted under this section and347
that is already or is in the process of becoming permanently348
protected from development, by agricultural easement or otherwise,349
so that a buffer would exist between the land involving the350
proposed agricultural easement and areas that have been developed351
or likely will be developed for purposes other than agriculture;352

       (iii) The use of best management practices, including353
federally or state approved conservation plans, and a history of354
substantial compliance with applicable federal and state laws;355

       (iv) Development pressure that is imminent, but not a result356
of current location in the direct path of urban development;357

       (v) Areas identified for agricultural protection in local358
comprehensive land use plans.359

       (c) Any other criteria that the director determines are360
necessary for selecting applications for matching grants;361

       (d) Requirements regarding the information that must be362
included in the annual monitoring report that must be prepared for363
an agricultural easement under division (D)(E)(2) of section 364
5301.691 of the Revised Code, procedures for submitting a copy of 365
the report to the office of farmland preservation in the 366
department of agriculture, and requirements and procedures 367
governing corrective actions that may be necessary to enforce the 368
terms of the agricultural easement.369

       (2) Establish provisions that shall be included in the370
instrument conveying to a municipal corporation, county, township,371
soil and water conservation district, or charitable organization 372
any agricultural easement purchased with matching grant funds 373
provided by the director under this section, including, without 374
limitation, all of the following provisions:375

       (a) A provision stating that an easement so purchased may be376
extinguished only if an unexpected change in the conditions of or377
surrounding the land that is subject to the easement makes378
impossible or impractical the continued use of the land for the379
purposes described in the easement, or if the requirements of the380
easement are extinguished by judicial proceedings;381

       (b) A provision requiring that, upon the sale, exchange, or382
involuntary conversion of the land subject to the easement, the383
holder of the easement shall be paid an amount of money that is at384
least equal to the proportionate value of the easement compared to385
the total value of the land at the time the easement was acquired;386

       (c) A provision requiring that, upon receipt of the portion387
of the proceeds of a sale, exchange, or involuntary conversion388
described in division (A)(2)(b) of this section, the municipal389
corporation, county, township, soil and water conservation 390
district, or charitable organization remit to the director an 391
amount of money equal to the percentage of the cost of purchasing 392
the easement it received as a matching grant under this section.393

       Moneys received by the director pursuant to rules adopted394
under division (A)(2)(c) of this section shall be credited to the395
agricultural easement purchase fund created in section 901.21 of396
the Revised Code.397

       (3) Establish a provision that provides a charitable398
organization described in division (B) of section 5301.69 of the399
Revised Code, municipal corporation, township, or county, or soil 400
and water conservation district with the option of purchasing 401
agricultural easements either in installments or with a lump sum 402
payment. The rules shall include a requirement that a charitable 403
organization, municipal corporation, township, or county, or soil 404
and water conservation district negotiate with the seller of the 405
agricultural easement concerning any installment payment terms, 406
including the dates and amounts of payments and the interest rate 407
on the outstanding balance. The rules also shall require the 408
director to approve any method of payment that is undertaken in 409
accordance with the rules adopted under division (A)(3) of this 410
section.411

       (4) Establish any other requirements that the director412
considers to be necessary or appropriate to implement or413
administer a program to make matching grants under this section414
and monitor those grants.415

       (B) The director may develop guidelines regarding the416
acquisition of agricultural easements by the department of417
agriculture and the provisions of instruments conveying those418
easements. The director may make the guidelines available to419
public and private entities authorized to acquire and hold420
agricultural easements.421

       (C) The director may provide technical assistance in422
developing a program for the acquisition and monitoring of423
agricultural easements to public and private entities authorized424
to hold agricultural easements. The technical assistance may425
include, without limitation, reviewing and providing advisory426
recommendations regarding draft instruments conveying agricultural427
easements.428

       (D)(1) The director may make matching grants from the429
agricultural easement purchase fund and the clean Ohio430
agricultural easement fund to municipal corporations, counties,431
townships, soil and water conservation districts, and charitable 432
organizations described in division (B) of section 5301.69 of the 433
Revised Code, to assist those political subdivisions and 434
charitable organizations in purchasing agricultural easements. 435
Application for a matching grant shall be made on forms prescribed 436
and provided by the director. The matching grants shall be made in437
compliance with the criteria and procedures established in rules438
adopted under this section. Instruments conveying agricultural439
easements purchased with matching grant funds provided under this 440
section, at a minimum, shall include the mandatory provisions set 441
forth in those rules.442

       Matching grants made under this division using moneys from443
the clean Ohio agricultural easement fund created in section444
901.21 of the Revised Code may provide up to seventy-five per cent445
of the value of an agricultural easement as determined by a446
general real estate appraiser who is certified under Chapter 4763.447
of the Revised Code or as determined through a points-based 448
appraisal system established under division (D)(2) of this 449
section. Not less than twenty-five per cent of the value of the450
agricultural easement shall be provided by the recipient of the451
matching grant or donated by the person who is transferring the452
easement to the grant recipient. The amount of such a matching453
grant used for the purchase of a single agricultural easement454
shall not exceed one million dollars.455

       (2) The director shall establish a points-based appraisal 456
system for the purposes of division (D)(1) of this section. The 457
director may include any or all of the following factors in the 458
system:459

       (a) Whether the applicable county auditor has determined that 460
the land is land that is devoted exclusively to agriculture for 461
the purposes of sections 5713.30 to 5713.38 of the Revised Code;462

       (b) Changes in land values following the completion of the 463
applicable county auditor's reappraisal or triennial update;464

       (c) Soil types and productivity;465

       (d) Proximity of the land to land that is already subject to 466
an agricultural easement, conservation easement created under 467
sections 5301.67 to 5301.70 of the Revised Code, or similar 468
land-use limitation;469

       (e) Proximity of the land to water and sewer lines, road 470
interchanges, and nonagricultural development;471

       (f) Parcel size and roadway frontage of the land;472

       (g) Existence of an agreement entered into under division (D) 473
of section 1515.08 of the Revised Code or of an operation and 474
management plan developed under division (A) of section 1511.021 475
of the Revised Code;476

       (h) Existence of a comprehensive plan that is adopted under 477
section 303.02 or 519.02 of the Revised Code or that is adopted by 478
the planning commission of a municipal corporation under section 479
713.06 of the Revised Code;480

       (i) Any other factors that the director determines are 481
necessary for inclusion in the system.482

       (E) For any agricultural easement purchased with a matching483
grant that consists in whole or in part of moneys from the clean484
Ohio agricultural easement fund, the director shall be named as a485
grantee on the instrument conveying the easement, as shall the486
municipal corporation, county, township, soil and water 487
conservation district, or charitable organization that receives 488
the grant.489

       (F)(1) The director shall monitor and evaluate the490
effectiveness and efficiency of the agricultural easement program491
as a farmland preservation tool. On or before July 1, 1999, and492
the first day of July of each year thereafter, the director shall493
prepare and submit a report to the chairpersons of the standing494
committees of the senate and the house of representatives that495
consider legislation regarding agriculture. The report shall496
consider and address the following criteria to determine the497
program's effectiveness:498

       (a) The number of agricultural easements purchased during the499
preceding year;500

       (b) The location of those easements;501

       (c) The number of acres of land preserved for agricultural502
use;503

       (d) The amount of money used by a municipal corporation,504
township, or county, or soil and water conservation district from 505
its general fund or specialany fund to purchase the agricultural506
easements;507

       (e) The number of state matching grants given to purchase the508
agricultural easements;509

       (f) The amount of state matching grant moneys used to510
purchase the agricultural easements.511

       (2) The report also shall consider and include, at a minimum, 512
the following information for each county to determine the 513
program's efficiency:514

       (a) The total number of acres in the county;515

       (b) The total number of acres in current agricultural use;516

       (c) The total number of acres preserved for agricultural use517
in the preceding year;518

       (d) The average cost, per acre, of land preserved for519
agricultural use in the preceding year.520

       Sec. 917.01.  As used in this chapter:521

       (A) "Person" means any individual, government agency,522
political subdivision, partnership, corporation, association, 523
co-operative association, or other business unit.524

       (B) "Co-operative association" or "agricultural cooperative525
association" means any agricultural cooperative organized under 526
Chapter 1729. of the Revised Code and qualified to do business in 527
Ohio,this state if the director of agriculture finds the 528
association has, in good faith, its entire activities under the 529
control of its members and has been and is exercising full 530
authority in the sale of milk or cream for its members.531

       (C) "Market area" means any area that the director finds is a 532
natural marketing area and designates as such.533

       (D) "Dealer" or "milk dealer" means a person who purchases or 534
receives milk from a producer for the purpose of bottling, 535
packaging, selling, processing, jobbing, brokering, or 536
distributing the milk except where the milk is disposed of in the 537
same container in which it is received, without removal from the 538
container and without processing in any way except by necessary 539
refrigeration. Any person who buys and distributes milk in 540
containers under the person's own label is a dealer.541

       (E) "Imitation" means imitation as described in 21 C.F.R.542
101.3, as amended.543

       (F) "Milk" means the lacteal secretion, substantially free 544
from colostrum, obtained by the complete milking of one or more 545
healthy cows, goats, sheep, or other animals and intended for 546
either of the following purposes:547

       (1) To be sold for human consumption or for use in dairy 548
products;549

       (2) To be used for human consumption or for use in dairy 550
products on the premises of a governmental agency or institution.551

       "Milk" does not include a blend of the lacteal secretions of 552
different species.553

       (G) "Grade A milk" means milk produced by a person holding a 554
valid producer license of the grade A milk category issued 555
pursuant to section 917.09 of the Revised Code.556

       (H) "Manufacture milk" means milk produced by a person 557
holding a valid producer license of the manufacture milk category 558
issued pursuant to section 917.09 of the Revised Code.559

       (I) "Producer" or "milk producer" means a grade A milk560
producer or a manufacture milk producer.561

       (J) "Grade A milk producer" means a person located in this 562
state who sells or offers for sale grade A milk obtained from a 563
cow, goat, sheep, or other animal that the person owns or564
controls.565

       (K) "Manufacture milk producer" means a person located in 566
this state who sells or offers for sale manufacture milk obtained 567
from a cow, goat, sheep, or other animal that the person owns or 568
controls.569

       (L) "Grade A milk products" means products derived from grade 570
A milk and having the standard of identity, quality, strength, 571
purity, grade, and, if added, permitted optional ingredients found572
in the standards of identity established for the products in rules 573
adopted by the director under section 917.02 or 3715.02 of the 574
Revised Code, and includes:575

       (1) Cottage cheese;576

       (2) Raw, pasteurized, or aseptically processed products 577
derived from milk and described in either of the following:578

       (a) The most recent published recommendations of the food and 579
drug administration, public health service, United States 580
department of health and human services;581

       (b) Rules adopted by the director.582

       (M) "Manufactured milk products" means all products, other 583
than raw milk for sale to the ultimate consumer and grade A milk 584
products, that are derived from milk and are for human 585
consumption, including:586

       (1) Butter;587

       (2) Natural or processed cheese;588

       (3) Evaporated, condensed, and dry products;589

       (4) Frozen desserts;590

       (5) Such other products derived from milk as the director may 591
specify by rule that have the standard of identity, quality, 592
strength, purity, grade, and, if added, permitted optional 593
ingredients found in the standards of identity established for the 594
product in rules adopted by the director under section 917.02 or 595
3715.02 of the Revised Code.596

       (N) "Dairy products" means milk, raw milk for sale to the 597
ultimate consumer, grade A milk products, and manufactured milk 598
products.599

       (O) "Frozen desserts" means frozen desserts, including the 600
mixes, described in 21 C.F.R. 135, as amended, unless otherwise 601
specified by the director by rule.602

       (P) "Milk plant" means a grade A milk plant or manufacture 603
milk plant.604

       (Q) "Grade A milk plant" means a place, including a 605
governmental operation, where grade A milk or a grade A milk 606
product is collected, handled, controlled, processed, stored, 607
pasteurized, ultra-pasteurized, repasteurized, aseptically 608
processed, bottled, or prepared for distribution, but does not 609
include a place where a grade A milk product is purchased in 610
packaged form and is stored and handled for the sole purpose of 611
sale to the ultimate consumer.612

       (R) "Manufacture milk plant" means a place, including a 613
governmental operation, where manufacture milk or a manufactured 614
milk product is collected, handled, controlled, manufactured, 615
processed, stored, pasteurized, ultra-pasteurized, repasteurized, 616
commercially sterilized, aseptically processed, bottled, or 617
prepared for distribution, but does not include a place where a 618
manufactured milk product is purchased in packaged form and is 619
stored and handled for the sole purpose of sale to the ultimate620
consumer.621

       (S) "Raw milk for sale to the ultimate consumer" means the 622
raw milk sold or offered for sale by a raw milk retailer.623

       (T) "Raw milk retailer" means a person who, prior to October 624
31, 1965, was engaged continuously in the business of selling or 625
offering for sale raw milk directly to ultimate consumers.626

       (U) "Processor" or "milk processor" means a grade A milk627
processor or a manufacture milk processor.628

       (V) "Grade A milk processor" means a person who operates or 629
controls a milk plant, transfer station, receiving station, or 630
milk transport cleaning facility that is located in this state or 631
from which grade A milk or grade A milk products are sold or632
offered for sale for human consumption, as applicable.633

       (W) "Manufacture milk processor" means any person who 634
operates or controls a manufacture milk plant, transfer station, 635
receiving station, or milk transport cleaning facility that is 636
located in this state or from which manufacture milk or 637
manufactured milk products are sold or offered for sale for human 638
consumption, as applicable.639

       (X) "Weigher, sampler, or tester" means a person who, in 640
order to determine volume, weight, or composition for the purpose 641
of determining price, weighs, tests, or samples either of the 642
following:643

       (1) Milk at a dairy farm;644

       (2) Milk or cream purchased by a dealer from a milk producer 645
or co-operative association.646

       (Y) "Hauler" or "milk hauler" means a person who owns or 647
leases a vehicle or conveyance used to transport raw milk, but 648
does not include a producer transporting raw milk that the 649
producer has produced.650

       (Z) "License" means a license issued under section 917.09 of 651
the Revised Code and includes a registration issued under division652
(I)(J) of that section.653

       Sec. 917.02. (A) The director of agriculture may do any of654
the following:655

       (A)(1) Adopt rules in accordance with Chapter 119. of the 656
Revised Code regulating all of the following:657

       (1)(a) The sanitary production, storage, transportation,658
manufacturing, handling, processing, sampling, testing,659
examination, and sale of dairy products;660

       (2)(b) The suspension and revocation of licenses issued under661
section 917.09 of the Revised Code, provided that the rules are in 662
accordance with and do not conflict with section 917.22 of the663
Revised Code;664

       (3)(c) Terms and renewal periods, registration requirements,665
categories, and fees for licenses issued under section 917.09 of666
the Revised Code, except that the fee for a producer's license 667
shall not exceed fifteen dollars;668

       (4)(d) Examinations that must be passed prior to issuance of669
a weigher, sampler, or tester license and inspections that must be 670
passed prior to issuance of any other type of license issued under 671
section 917.09 of the Revised Code;672

       (5)(e) Procedures for issuing and renewing licenses under673
section 917.09 of the Revised Code;674

       (6)(f) Information that an applicant for a license issued675
under section 917.09 of the Revised Code is required to provide on676
the application for licensure;677

       (7)(g) Standards for equipment or materials used for the678
production, processing, and handling of dairy products;679

       (8)(h) Records to be kept by persons holding a license issued 680
under this chapter and the inspection and auditing of books and 681
records of those persons, and any other records that are required 682
to be kept by other rules adopted under this section;683

       (9)(i) Security arrangements and evidence of financial684
responsibility for milk dealers, to ensure prompt payment to milk 685
producers;686

       (10)(j) Standards of identity, quality, strength, purity,687
grading, and labeling of dairy products;688

       (11)(k) The production, processing, and handling of dairy689
products and the prompt and accurate payment for milk and cream by690
milk dealers, but not the establishment or control of the price of 691
milk and cream;692

       (12)(l) Criteria for the equipment, methods, or materials to 693
be used in performing weighing, volumetric measuring, sampling, 694
and testing of milk and its components when such an operation is 695
used as the basis for determining payment for milk delivered to or 696
purchased by dealers;697

       (13)(m) The size and placement of labels and of words on 698
labels required by section 917.04 of the Revised Code to be placed 699
on final delivery containers used for the sale of raw milk to 700
ultimate consumers.701

       The director shall have exclusive authority to administer and 702
enforce rules adopted under division (A)(1) of this section.703

       (B)(2) Enter into, with the approval of the milk sanitation 704
board created in section 917.03 of the Revised Code, an agreement 705
with a public or private entity that the director determines is706
properly qualified for the performance of any of the inspections707
and analyses required by this chapter;708

       (C)(3) Adopt rules by reference to all or any part of the 709
following recommendations:710

       (1)(a) The grade A pasteurized milk ordinance, as amended, 711
and the "grade A condensed and dry milk products and condensed and 712
dry whey" supplement I to the grade A pasteurized milk ordinance 713
of the food and drug administration, public health service, of the714
United States department of health and human services, to the 715
extent those provisions do not conflict with the laws of this 716
state;717

       (2)(b) The most recent recommendations for milk for718
manufacturing purposes and its production and processing published 719
in final form in the Federal Register by the United States 720
department of agriculture, to the extent those recommendations do 721
not conflict with the laws of this state.722

       (D)(4) Administer and enforce this chapter and rules adopted 723
under it and appoint inspectors and other personnel necessary to 724
carry out the provisions of this chapter and those rules;725

       (E)(5) Embargo a dairy product that the director reasonably 726
suspects, believes, or determines is adulterated as described in 727
section 3715.59 of the Revised Code or is misbranded as described 728
in section 3715.60 of the Revised Code;729

       (F)(6) Adopt by reference all or any part of the rules 730
governing the dairy industry adopted by the United States food and 731
drug administration and the United States department of732
agriculture;733

       (G)(7) Annually, not later than ninety days after the end of 734
the state fiscal year, determine the expense of administering and 735
enforcing this chapter and rules adopted under it during the 736
preceding state fiscal year and report the determinations to the 737
milk sanitation board created in section 917.03 of the Revised738
Code.739

       (B) The director shall do both of the following:740

        (1) Adopt rules in accordance with Chapter 119. of the 741
Revised Code establishing requirements for continuing education 742
courses for weighers, samplers, and testers licensed under section 743
917.09 of the Revised Code;744

        (2) Review continuing education courses for weighers, 745
samplers, and testers licensed under section 917.09 of the Revised 746
Code and grant approval to those that meet the requirements 747
established in rules adopted under division (B)(1) of this 748
section.749

       Sec. 917.031.  The milk sanitation board may do all of the750
following:751

       (A) Advise and consult with the director of agriculture in 752
the administration and enforcement of this chapter and rules 753
adopted under it;754

       (B) Make recommendations to the director regarding proposed 755
rules;756

       (C) Approve or disapprove agreements between the director and 757
any public or private entity desiring to perform or performing any 758
of the inspections or analyses required under this chapter and 759
rules adopted under it.760

       The milk sanitation board, after reviewing the director's761
annual report required under division (G)(A)(7) of section 917.02 762
of the Revised Code, shall prescribe inspection fees for milk 763
producers and milk processors, and may prescribe inspection fees 764
for milk producers and milk haulers, except that no inspection 765
fees shall be prescribed for manufacture milk producers, 766
processors, or haulers until on or after July 1, 1998. The board 767
may modify any fees it has prescribed. The fees prescribed or768
modified by the board together with the license fees collected769
pursuant to this chapter shall not exceed sixty-three per cent of 770
the estimated cost of administering and enforcing this chapter, as 771
determined by the board's review of the director's annual report.772

       Sec. 917.09.  (A) The director of agriculture may issue the773
following types of licenses:774

       (1) Producer;775

       (2) Processor;776

       (3) Milk dealer;777

       (4) Raw milk retailer;778

       (5) Weigher, sampler, or tester;779

       (6) Milk hauler.780

       (B) The director may adopt rules establishing categories for 781
each type of license that are based on the grade or type of dairy 782
product with which the licensee is involved.783

       (C) Except as provided in section 917.091 of the Revised Code 784
and division (I)(J) of this section, no person shall act as or 785
hold the person's self out as a producer; processor; milk dealer; 786
raw milk retailer; weigher, sampler, or tester; or milk hauler 787
unless the person holds a valid license issued by the director 788
under this section.789

       (D) Each person desiring a license shall submit to the 790
director a license application on a form prescribed by the 791
director, accompanied by a license fee in an amount specified in 792
rules adopted under section 917.02 of the Revised Code. The 793
applicant shall specify on the application the type of license and 794
category requested and shall include any other information 795
required by rules adopted under section 917.02 of the Revised796
Code.797

       (E) Each applicant for a weigher, sampler, or tester license 798
or registration, prior to issuance of the license or registration, 799
shall pass an examination that is given in accordance with section 800
917.08 of the Revised Code and rules adopted under section 917.02 801
of the Revised Code.802

       Each applicant for any other type of license issued under803
this section, prior to issuance of the license, shall pass an804
inspection that is made in accordance with rules adopted under805
section 917.02 of the Revised Code.806

       (F) The director shall not issue a license to an applicant 807
unless the director determines, through an inspection or 808
otherwise, that the applicant is in compliance with the 809
requirements set forth in this chapter and the rules adopted under 810
it.811

       (G) Examinations that must be passed prior to issuance of a 812
weigher, sampler, or tester license, inspections that must be 813
passed prior to issuance of any other type of license issued under 814
this section, procedures for issuing and renewing licenses, and 815
license terms and renewal periods shall comply with rules adopted 816
under section 917.02 of the Revised Code.817

       (H) Suspension and revocation of licenses shall comply with 818
section 917.22 of the Revised Code and rules adopted under section 819
917.02 of the Revised Code.820

       (I) Each licensed weigher, sampler, and tester annually shall 821
meet the continuing education requirements established in rules 822
adopted under division (B) of section 917.02 of the Revised Code.823

        (J) A person whose religion prohibits the person from 824
obtaining a license under this section, in place of a license, 825
shall register with the director as a producer; processor; milk 826
dealer; raw milk retailer; weigher, sampler, or tester; or milk 827
hauler.828

       The person claiming the exemption from licensure shall829
register on a form prescribed by the director and shall meet any830
other registration requirements contained in rules adopted under831
section 917.02 of the Revised Code. Upon receiving the person's 832
registration form and determining that the person has satisfied 833
all requirements for registration, the director shall notify the 834
person that the person is registered to lawfully operate as a 835
producer; processor; milk dealer; raw milk retailer; weigher, 836
sampler, or tester; or milk hauler.837

       A registrant is subject to all provisions governing838
licensees, such as provisions concerning testing, sampling, and839
inspection of dairy products. A registrant is subject to840
provisions governing issuance of a temporary weigher, sampler, or 841
tester license under section 917.091 of the Revised Code. A 842
registration shall be renewed, suspended, and revoked under the 843
same terms as a license.844

       Sec. 917.091.  The director of agriculture may issue a845
temporary weigher, sampler, or tester license to an applicant upon 846
determining that the applicant has met all qualifications for 847
licensure under section 917.09 of the Revised Code except 848
successful completion of an examination. A temporary weigher, 849
sampler, or tester license is effective only untilfor ninety days 850
from the date of the next examinationissuance. An applicant who 851
has not taken an examination for licensure may receive no more 852
than three temporary weigher, sampler, or tester licenses. An 853
applicant who takes and fails an examination for licensure may 854
receive no more than two temporary weigher, sampler, or tester855
licenses.856

       If an applicant for a temporary weigher, sampler, or tester 857
license previously held a weigher, sampler, or tester license 858
issued under section 917.09 of the Revised Code, the following 859
shall apply, as appropriate:860

       (A) In the case of a license that expired not more than 861
twelve months previously, the applicant shall submit an 862
application and the appropriate fee but is not required to take 863
and pass the examination.864

       (B) In the case of a license that expired more than twelve865
months previously, the applicant shall submit an application and866
the appropriate fee and shall take and pass the examination. The 867
applicant may apply for and receive licenses, both temporary and 868
permanent, to the same extent as a new applicant.869

       Sec. 917.19.  The following items shall be subject to870
inspection by a person designated by the director of agriculture:871

       (A) Milk plant facilities and equipment;872

       (B) Vehicles and containers used by milk haulersMilk 873
transport vehicles;874

       (C) Dairy farms, including dairy animals, stables, milk 875
parlors, milk houses, and milk vessels of milk producers.876

       The inspector, while in the normal, lawful, and peaceful877
pursuit of inspection duties, may enter upon, cross over, and878
remain upon privately owned lands for those purposes and shall not 879
be subject to arrest for trespass.880

       Sec. 917.22.  (A)(1) The director of agriculture may deny, 881
suspend, or revoke a license issued under this chapter for a 882
violation of this chapter or the rules adopted under it. Except as 883
provided in division (A)(2) of this section, the denial, 884
suspension, or revocation of a license is not effective until the 885
licensee is given written notice of the violation, a reasonable 886
amount of time to correct the violation, and an opportunity for a 887
hearing.888

       (2) If the director determines that a dairy product889
constitutes adulterated food as described in section 3715.59 of890
the Revised Code or exceeds bacterial or chemical standards 891
established by rules adopted under this chapter, or that an 892
emergency exists that presents a clear and present danger to the 893
public health, the director may deny, suspend, or revoke a 894
license, effective immediately without a hearing, provided that an 895
opportunity for a hearing shall be afforded thereafter without 896
delay.897

       (B) All proceedings under this chapter shall comply with898
Chapter 119. of the Revised Code, except that:899

       (1) The location of any adjudicatory hearing that the900
licensee requests shall be the county seat of the county in which 901
is located the licensee's facility that is involved in the alleged 902
violationcentral office of the department of agriculture.903

       (2) The director shall notify a licensee by certified mail or 904
personal delivery that the licensee is conditionally entitled to a 905
hearing. The director shall specify in the notice that, in order 906
to obtain a hearing, the licensee must request the hearing not 907
later than ten days after the date of receipt of the notice.908

       (3) If the licensee requests a hearing, the date set for the 909
hearing shall be no later than ten days after the date on which 910
the director receives the request, unless the director and the 911
licensee agree otherwise.912

       (4) The director shall not postpone or continue an913
adjudication hearing without the consent of the licensee. If the 914
licensee requests a postponement or continuation of an915
adjudication hearing, the director shall not grant it unless the916
licensee demonstrates that an extreme hardship will be incurred in 917
holding the adjudication hearing on that hearing date. If the 918
director grants a postponement or continuation on the grounds of 919
extreme hardship to the licensee, the record shall document the 920
nature and cause of the extreme hardship.921

       (5) In lieu of having a hearing and upon the licensee's922
written request to the director, the licensee may submit to the923
director, not later than the date of the hearing set pursuant to924
division (B)(3) of this section, documents, papers, and other 925
written evidence to support the licensee's claim.926

       (6) If the director appoints a referee or examiner to conduct 927
the hearing, the following apply:928

       (a) A copy of the written adjudication report and929
recommendations of the referee or examiner shall be served by930
certified mail upon the director and the licensee or the931
licensee's attorney or other representative of record not later932
than three business days following the conclusion of the hearing.933

       (b) Not later than three business days after receipt of the 934
report and recommendations, the licensee may file with the 935
director written objections to the report and recommendations.936

       (c) The director shall consider the objections submitted by 937
the licensee before approving, modifying, or disapproving the 938
report and recommendations. The director shall serve the 939
director's order upon the licensee or the licensee's attorney or 940
other representative of record by certified mail not later than 941
six business days after receiving the report.942

       (7) If the director conducts the hearing, the director shall 943
serve the director's decision by certified mail upon the licensee 944
or the licensee's attorney or other representative of record not 945
later than three business days following the close of the hearing.946

       (8) If no hearing is held, the director shall issue an order 947
by certified mail to the licensee or the licensee's attorney or 948
other representative of record not later than three business days 949
following the last date possible for a hearing, based on the 950
record that is available.951

       Sec. 918.01.  As used in sections 918.01 to 918.11 of the952
Revised Code:953

       (A) "Federal inspection" means an inspection pursuant to the954
"Federal Meat Inspection Act," 34 Stat. 1260 (1907), 21 U.S.C.A.955
71, as amended by the "Wholesome Meat Act," 81 Stat. 584 (1967),956
21 U.S.C.A. 601, and any subsequent amendments thereto.957

       (B) "State inspection" means the meat inspection service958
conducted by the department of agriculture.959

       (C) "Establishment" means all premises in the state where 960
animals are slaughtered or otherwise prepared for food purposes, 961
meat canneries, sausage factories, smoking or curing operations, 962
and similar places.963

       (D) "Animals" means cattle, calves, sheep, swine, horses, 964
mules, other equines, goats, and other animals specified under 965
division (A) of section 918.12 of the Revised Code.966

       (E) "Carcass" means all parts, including viscera, of967
slaughtered animals that are capable of being used for human food.968

       (F) "Meat products" means any product capable of use as human 969
food that is made wholly or in part from any meat or other portion 970
of the carcass of any animal, excepting products whichthat are 971
exempted from definition as a meat product by the director of972
agriculture under such conditions as hethe director prescribes to 973
ensure that the meat or other portions of such carcasses contained 974
in suchthe product are not adulterated and that suchthe products 975
are not represented as meat products.976

       (G) "Wholesome" means sound, healthful, clean, and otherwise 977
fit for human food.978

       (H) "Adulterated," as applied to any carcass, part thereof, 979
or meat product, has the same meaning as in sections 3715.59 and 980
3715.62 of the Revised Code or as otherwise prescribed by the 981
director by rules.982

       (I) "Inspector" means any employee of the department 983
authorized by the director to inspect animals, carcasses, or meat 984
products.985

       (J) "Official mark" means the official inspection legend or 986
any other symbol prescribed by rules of the director to identify 987
the status of any article or animals under this chapter.988

       (K) "Labeling" means all labels and any other display of989
written, printed, or graphic matter:990

       (1) Upon any article or any of its containers or wrappers,991
not including package liners;992

       (2) Accompanying suchan article.993

       (L) "Ohio retained" means that the animal or the meat product 994
so identified is held for further examination by a veterinary 995
inspector to determine its disposal.996

       (M) "Prepared" means slaughtered, canned, salted, rendered, 997
boned, cut up, smoked, cooked, or otherwise manufactured or 998
processed.999

       (N) "Capable of use as human food" as applied to any animal 1000
carcass, part thereof, or meat product means any animal carcass, 1001
part thereof, or meat food product that is not denatured or 1002
otherwise identified as required by state or federal law or rules 1003
or regulations to deter its use as human food and that is1004
naturally edible by humans.1005

       (O) "Misbranded," as applied to any carcass, part thereof, or 1006
meat product has the same meaning as in section 3715.60 of the 1007
Revised Code, or as otherwise prescribed by the director by rules.1008

       (P) "Retail dealer" or "retail butcher" means any place of1009
business where the sales of products are made to consumers only,1010
at least seventy-five per cent of the total dollar value of sales1011
of products represents sales to household consumers, and the sales 1012
of products to consumers other than household consumers doesdo1013
not exceed twenty-eight thousand eight hundred dollars per year1014
the adjusted dollars limitation for annual retail sales published 1015
in the Federal Register by the food safety and inspection service 1016
in the United States department of agriculture.1017

       On the first day of March in any year in which an adjustment 1018
is made, and whenever the change exceeds five hundred dollars, the 1019
director shall adjust the then current ceiling based upon the 1020
change in the price of the volume of products whose total price is 1021
equal to the then current ceiling. The adjustment shall be equal 1022
to the total dollar change in price of the same volume of products 1023
between the most recently completed calendar year and the next 1024
preceding calendar year as measured by changes in the United 1025
States department of labor's national consumer price index for 1026
those periods of time.1027

       Sec. 918.02.  (A) The director of agriculture, or the1028
director's designee, shall provide ante-mortem inspections of all1029
animals slaughtered at establishments licensed under division (A)1030
of section 918.08 of the Revised Code where and to the extent the1031
director considers it necessary. If, upon inspection, symptoms of1032
disease or other abnormal conditions that would render the animals 1033
unfit for human food are found, those animals shall be retained or 1034
permanently and conspicuously identified with an official mark 1035
indicating they have been condemned and shall be disposed of in a 1036
manner prescribed by the director.1037

       (B) The director shall provide post-mortem inspection to the1038
extent the director considers necessary of all animals for human1039
food in establishments licensed under division (A) of section1040
918.08 of the Revised Code. The head, tongue, tail, viscera, and1041
other parts, and blood used in the preparation of meat products or1042
medicinal products shall be retained in such a manner as to1043
preserve their identity until the post-mortem examination has been1044
completed. Wholesome carcasses shall be identified with an1045
official mark indicating they have been approved. Each unwholesome 1046
carcass shall be marked conspicuously by the inspector at the time 1047
of inspection with an official mark indicating the carcass has 1048
been condemned, and all carcasses and parts thereof thus inspected 1049
and condemned shall be destroyed for food purposes by the 1050
establishment in the presence of an inspector. If any carcass or 1051
any part thereof, upon examination and inspection subsequent to 1052
the first examination and inspection, is found to be adulterated, 1053
it shall be destroyed for food purposes by the establishment in 1054
the presence of an inspector. All unborn or stillborn animals 1055
shall be condemned. Carcasses of animals that have died by means 1056
other than slaughter shall not be brought into any room in which 1057
meat products are processed, handled, or stored.1058

       (C) The director shall provide inspection of all processing1059
operations at establishments licensed under division (A) of1060
section 918.08 of the Revised Code where animal carcasses, parts1061
thereof, or meat products may be brought in and further treated1062
and prepared, and shall provide inspection and supervision in1063
processing departments to ensure that controls are effective at1064
all times.1065

       (D) Establishments licensed under section 918.08 of the1066
Revised Code shall furnish satisfactory facilities and assistance1067
for ante-mortem and post-mortem inspections as required by the1068
director. The director may require operations at the1069
establishments to be conducted during reasonable hours. Licensees1070
shall inform the director in advance of intended hours of1071
operation. When one inspector is assigned to make inspections at1072
two or more establishments where few animals are slaughtered, or1073
where small quantities of meat products are prepared, the director1074
may designate the hours of the day and the days of the week during1075
which the establishment may be operated. No person shall deny1076
access to any authorized inspector upon the presentation of proper1077
identification at any reasonable time to such establishments and1078
to records pertaining to the source and sale of carcasses and meat1079
products. The director shall adopt rules in accordance with1080
Chapter 119. of the Revised Code establishing the rate at which an1081
establishment shall reimburse the division of meat inspection for1082
inspection services of more than eight hours in any given day, of1083
more than forty hours in any given week Sunday through Saturday,1084
or on any holiday as specified in division (A) of section 124.191085
of the Revised Code.1086

       (E) The director may limit the entry of animals, animal1087
carcasses, or parts thereof, meat food products, and other1088
materials into any establishment at which inspection is maintained1089
under this chapter to ensure that allowing the entry of such1090
articles into such inspected establishments will be consistent1091
with the purposes of this chapter.1092

       (F) All carcasses, parts thereof, and meat products inspected 1093
at any establishment under the authority of this chapter and found 1094
to be not adulterated, at the time they leave the establishment, 1095
shall bear, in distinctly legible forms directly theronthereon or 1096
on their containers, appropriate labeling as the director may 1097
require in accordance with rules adopted under this chapter. No 1098
article subject to this chapter shall be sold or offered for sale 1099
by any person, under any names or labeling that is false or 1100
misleading.1101

       (G) The director shall adopt and enforce sanitation rules1102
pursuant to this chapter, under which establishments shall be1103
maintained. Where the sanitary conditions of any such1104
establishment are such that the meat product is rendered1105
adulterated, the product shall be retained and not allowed to be1106
labeled with an official mark. The rules pertaining to sanitary1107
conditions shall conform with the sanitation standard operating1108
procedures established in Title 9 of the Code of Federal1109
Regulations and shall require that an establishment be evaluated1110
by determining its compliance with those procedures. In addition,1111
the rules shall require that if an establishment does not have a1112
plan for a particular production process under its hazard analysis1113
critical control point systemplan as required in rules, the meat1114
product of the process may be considered to be adulterated and1115
shall be retained pending a production process review and not1116
allowed to be labeled with an official mark.1117

       Sec. 918.08.  (A) Except as provided in division (E)(F) of1118
this section, no person shall operate an establishment without1119
first licensing the establishment with the department of1120
agriculture. The owner of an establishment desiring a license with1121
the department may make application therefor on forms provided by1122
the department. If after inspection the director of agriculture1123
finds that an establishment is in compliance with this chapter and 1124
rules adopted under it, the director shall notify the owner of the 1125
establishment and, upon receipt of the required license fee, the 1126
establishment shall be permitted to operate. However, if after 1127
inspection the director finds that an establishment is not in 1128
compliance with this chapter and rules adopted under it, the 1129
director shall deny the license application. The applicant may 1130
appeal the denial of the license application in accordance with 1131
Chapter 119. of the Revised Code. The license shall expire1132
annually on the thirty-first day of March and, if the director 1133
finds that the establishment is in compliance with this chapter 1134
and rules adopted under it, shall be renewed according to the1135
standard renewal procedure of sections 4745.01 to 4745.03 of the1136
Revised Code.1137

       (B) The annual license fee for each establishment, or a1138
renewal thereof, is fifty dollars. All fees collected under this1139
section shall be deposited into the poultry and meat products fund1140
created in section 918.15 of the Revised Code.1141

       (C) If after inspection the director determines that an 1142
establishment licensed under division (A) of this section is 1143
operating in violation of this chapter or the rules adopted 1144
thereunder, the director shall notify the licensee in writing of 1145
the violation and give the licensee ten days from the date of 1146
notice to cease or correct the conditions causing the violation. 1147
If the conditions causing the violation continuescontinue after 1148
the expiration of the ten-day period, the director may withdraw1149
inspection and order the establishment to cease those operations1150
subject to this chapter. Any such order and the appeal therefrom1151
shall be governed bydo either of the following:1152

        (1) Impose progressive enforcement actions as provided in 1153
division (D)(1) of this section in the same manner as inspectors;1154

        (2) Suspend or revoke the establishment's license in 1155
accordance with Chapter 119. of the Revised Code.1156

       (D)(1) If an inspector determines that an establishment1157
licensed under division (A) of this section is operating in1158
violation of sections 918.01 to 918.12 of the Revised Code and1159
rules adopted under those sections, the inspector shallmay notify 1160
the licensee in writing of the violation. The inspector1161
immediately may impose progressive enforcement actions, including 1162
withholding the mark of inspection, suspension of inspection, and1163
suspension of inspection held in abeyance, and withdrawal of 1164
inspection. The progressive enforcement actions may be taken prior 1165
to affording the licensee an opportunity for a hearing. As 1166
authorized in division (C) of section 119.06 of the Revised Code, 1167
a decision to impose ana progressive enforcement action is 1168
immediately appealable to a higher authority within the department 1169
who is classified by the director as a district supervisor and who1170
is designated by the director to hear the appeal. If the district 1171
supervisor affirms the enforcement action of the inspector, the 1172
licensee may appeal the enforcement action in accordance with1173
chapterChapter 119. of the Revised Code.1174

       (2) As used in this division (D)(1) of this section, 1175
"suspension of inspection held in abeyance" means a period of time 1176
during which a suspension of inspection is lifted because an1177
establishment has presented the director with a corrective action 1178
plan that, if implemented properly, would bring the establishment 1179
into compliance with this chapter and rules adopted under it.1180

       (E) If in the opinion of the director the establishment is1181
being operated under such insanitary conditions as to be a hazard1182
to public health, or if the director determines that an1183
establishment is not in compliance with its hazard analysis1184
critical control point systemplan as required by rules, the 1185
director may condemn or retain the product on hand and immediately 1186
withdraw inspection from the establishment until the insanitary 1187
conditions are corrected or until the establishment is in 1188
compliance with its hazard analysis critical control point system1189
plan, as applicable. The director may take those actions prior to 1190
an adjudication hearing as required under section 119.06 of the 1191
Revised Code. The director subsequently shall afford a hearing 1192
upon the request of the owner or operator of the establishment.1193

       (F) Any person operating an establishment as defined in1194
section 918.01 of the Revised Code who also operates on the same1195
premises an establishment as defined in section 918.21 of the1196
Revised Code shall apply either for licensure under section 918.081197
of the Revised Code or for licensure under section 918.28 of the1198
Revised Code, but not for both, as the director shall determine.1199

       (G) If the director determines that the owner or operator of 1200
or any person employed by an establishment licensed under division 1201
(A) of this section forcibly assaulted, resisted, opposed, 1202
impeded, intimidated, or interfered with any person while that 1203
person was engaged in, or because of the person's performance of, 1204
official duties under sections 918.01 to 918.12 of the Revised 1205
Code or the rules adopted under those sections, the director 1206
immediately may withdraw inspection from the establishment prior 1207
to an adjudication hearing as required under section 119.06 of the 1208
Revised Code.1209

        (H) In addition to any remedies provided by law and 1210
irrespective of whether or not there exists an adequate remedy at 1211
law, the director may apply to the court of common pleas of the 1212
county in which a violation of sections 918.01 to 918.12 of the 1213
Revised Code or rules adopted under those sections occurs for a 1214
temporary or permanent injunction or other appropriate relief 1215
concerning the violation.1216

       Sec. 918.11.  (A) No carcass, parts thereof, or meat products 1217
shall be stamped or otherwise identified with an official mark 1218
unless the carcass, parts, or products have been so identified at 1219
an establishment licensed under division (A) of section 918.08 of 1220
the Revised Code.1221

       (B) No person shall offer for sale or sell meat or meat 1222
products that have not been inspected in compliance with sections 1223
918.01 to 918.11 of the Revised Code.1224

       (C) No person shall knowingly offer for sale or sell 1225
adulterated meat or meat products that are detrimental to public 1226
health and safety.1227

       (D) All fines and penalties recovered for violating this 1228
section shall be deposited into the poultry and meat products fund 1229
created in section 918.15 of the Revised Code.1230

       Sec. 918.25.  The director of agriculture shall, in1231
accordance with Chapter 119. of the Revised Code, adopt and1232
enforce rules as necessary for the implementation, administration,1233
and enforcement of sections 918.21 to 918.31 of the Revised Code. 1234
The rules shall meet or exceed the federal standards for meat 1235
inspection established in Title 9 of the Code of Federal 1236
Regulations. The rules adopted under this section shall provide 1237
for the protection of the public health, safety, and welfare and 1238
for maximum coordination and cooperation between state and federal 1239
programs for regulation of poultry and poultry products, and may 1240
include the following:1241

       (A) Exemption of certain products as "poultry products" under 1242
the definition in section 918.21 of the Revised Code;1243

       (B) Provision for the retention, identification, and disposal 1244
of condemned poultry and poultry products and for the1245
identification of approved products;1246

       (C) Sanitary requirements for premises, facilities, and1247
equipment, for the operation thereof, and for the storage and1248
handling of poultry and poultry products in establishments1249
licensed under section 918.28 of the Revised Code. The rules1250
pertaining to sanitary conditions shall conform with the1251
sanitation standard operating procedures in Title 9 of the Code of1252
Federal Regulations and shall require that an establishment be1253
evaluated by determining its compliance with those procedures.1254

       (D) Requirements for maintenance of records under section1255
918.24 of the Revised Code;1256

       (E) Procedures for application and licensing, and the1257
revocation and suspension of licenses;1258

       (F) Requirements for marking and attaching the information1259
required by section 918.31 of the Revised Code, including specific1260
styles, legibility and size of type, method of affixing,1261
variations, and exemptions;1262

       (G) Such other rules as are necessary for the proper1263
administration, implementation, and enforcement of sections 918.211264
to 918.31 of the Revised Code, including rules requiring that an1265
inspection of an establishment's slaughter and processing1266
operations be conducted in accordance with the establishment's1267
hazard analysis critical control point systemplan. In addition, 1268
the rules shall require that if an establishment does not have a 1269
plan for a particular production process under its hazard analysis1270
critical control point systemplan as required in rules, the 1271
poultry product of the process may be considered to be adulterated 1272
and shall be retained pending a production process review and not1273
allowed to be labeled with an official mark.1274

       Sec. 918.28.  (A) Except as provided in division (F) of1275
section 918.08 of the Revised Code, application for a license to1276
operate an establishment shall be made to the director of1277
agriculture on forms provided by the department of agriculture. 1278
The director shall inspect the establishment and if, upon 1279
inspection, the establishment is found to be in compliance with 1280
sections 918.21 to 918.31 of the Revised Code,this chapter and 1281
rules adopted under it, the director shall so notify the owner of 1282
the establishment and, upon receipt of the annual license fee of 1283
fifty dollars, shall issue the owner a license. However, if after 1284
inspection the director finds that an establishment is not in 1285
compliance with this chapter and rules adopted under it, the 1286
director shall deny the license application. The applicant may 1287
appeal the denial of the license application in accordance with 1288
Chapter 119. of the Revised Code. The license shall expire on the 1289
thirty-first day of March of each year and, if the director finds 1290
that the establishment is in compliance with this chapter and 1291
rules adopted under it, shall be renewed according to the standard 1292
renewal procedures of sections 4745.01 to 4745.03 of the Revised 1293
Code.1294

       (B) If after inspection the director determines that an 1295
establishment licensed under this section is operating in 1296
violation of sections 918.21 to 918.31 of the Revised Code,this 1297
chapter or a rule or order adopted or madeissued under authority 1298
thereof, the director shall notify the licensee in writing of the 1299
violation, giving the licensee ten days from the date of the 1300
notice to correct the conditions causing the violation. If the 1301
conditions are not corrected within the ten-day period, the 1302
director may revokedo either of the following:1303

        (1) Impose progressive enforcement actions as provided in 1304
division (C)(1) of this section in the same manner as inspectors;1305

        (2) Suspend or suspendrevoke the license in accordance with 1306
Chapter 119. of the Revised Code.1307

       (C)(1) If an inspector determines that an establishment1308
licensed under division (A) of this section is operating in1309
violation of sections 918.21 to 918.31 of the Revised Code and1310
rules adopted under those sections, the inspector shallmay notify 1311
the licensee in writing of the violation. The inspector 1312
immediately may impose progressive enforcement actions, including1313
withholding the mark of inspection, suspension of inspection, and1314
suspension of inspection held in abeyance, and withdrawal of 1315
inspection. The progressive enforcement actions may be taken prior 1316
to affording the licensee an opportunity for a hearing. As1317
authorized in division (C) of section 119.06 of the Revised Code, 1318
a decision to impose ana progressive enforcement action is 1319
immediately appealable to a higher authority within the department 1320
who is classified by the director as a district supervisor and who 1321
is designated by the director to hear the appeal. If the district 1322
supervisor affirms the enforcement action of the inspector, the1323
licensee may appeal the enforcement action in accordance with 1324
Chapter 119. of the Revised Code.1325

       (2) As used in this division (C)(1) of this section, 1326
"suspension of inspection held in abeyance" means a period of time 1327
during which a suspension of inspection is lifted because an1328
establishment ashas presented the director with a corrective 1329
action plan that, if implemented properly, would bring the 1330
establishment into compliance with this chapter and rules adopted 1331
under it.1332

       (D) If in the opinion of the director the establishment is1333
being operated under such insanitary conditions as to be a hazard1334
to public health, or if the director determines that an1335
establishment is not in compliance with its hazard analysis1336
critical control point systemplan as required by rules, the 1337
director may condemn or retain the product on hand and immediately 1338
withdraw inspection from the plantestablishment until such time 1339
as the insanitary conditions are corrected or until the 1340
establishment is in compliance with its hazard analysis critical 1341
control point systemplan, as applicable.1342

       (E) If the director determines that the owner or operator of 1343
or any person employed by an establishment licensed under division 1344
(A) of this section forcibly assaulted, resisted, opposed, 1345
impeded, intimidated, or interfered with any person while that 1346
person was engaged in, or because of the person's performance of, 1347
official duties under sections 918.21 to 918.31 of the Revised 1348
Code or the rules adopted under those sections, the director 1349
immediately may withdraw inspection from the establishment prior 1350
to an adjudication hearing as required under section 119.06 of the 1351
Revised Code.1352

        (F) In addition to any remedies provided by law and 1353
irrespective of whether or not there exists an adequate remedy at 1354
law, the director may apply to the court of common pleas of the 1355
county in which a violation of sections 918.21 to 918.31 of the 1356
Revised Code or rules adopted under those sections occurs for a 1357
temporary or permanent injunction or other appropriate relief 1358
concerning the violation.1359

       Sec. 921.06.  (A)(1) No individual shall do any of the1360
following without having a commercial applicator license issued by 1361
the director of agriculture:1362

       (a) Apply pesticides for a pesticide business without direct1363
supervision;1364

       (b) Apply pesticides as part of the individual's duties while 1365
acting as an employee of the United States government, a state, 1366
county, township, or municipal corporation, or a park district, 1367
port authority, or sanitary district created under Chapter 1545., 1368
4582., or 6115. of the Revised Code, respectively;1369

       (c) Apply restricted use pesticides. Division (A)(1)(c) of1370
this section does not apply to a private applicator or an1371
immediate family member or a subordinate employee of a private1372
applicator who is acting under the direct supervision of that1373
private applicator.1374

       (d) If the individual is the owner of a business other than a 1375
pesticide business or an employee of such an owner, apply1376
pesticides at any of the following publicly accessible sites that1377
are located on the property:1378

       (i) Food service operations as defined in section 3717.011379
that are licensed under Chapter 3717. of the Revised Code;1380

       (ii) Retail food establishments as defined in section 3717.011381
that are licensed under Chapter 3717. of the Revised Code;1382

       (iii) Golf courses;1383

       (iv) Rental properties of more than four apartment units at1384
one location;1385

       (v) Hospitals or medical facilities as defined in section1386
3701.01 of the Revised Code;1387

       (vi) Child day-care centers or school child day-care centers1388
as defined in section 5104.01 of the Revised Code;1389

       (vii) Facilities owned or operated by a school district1390
established under Chapter 3311. of the Revised Code, including an1391
education service center, a community school established under1392
Chapter 3314. of the Revised Code, or a chartered or nonchartered1393
nonpublic school that meets minimum standards established by the1394
state board of education;1395

       (viii) Wholesale foodColleges as defined in section 3365.01 1396
of the Revised Code;1397

       (ix) Food processing establishments as defined in section1398
3715.021 of the Revised Code;1399

       (ix)(x) Any other site designated by rule.1400

       (e) Conduct authorized diagnostic inspections.1401

       (2) Divisions (A)(1)(a) to (d) of this section do not apply1402
to an individual who is acting as a trained serviceperson under1403
the direct supervision of a commercial applicator.1404

       (3) Licenses shall be issued for a period of time established 1405
by rule and shall be renewed in accordance with deadlines 1406
established by rule. The fee for each such license shall be 1407
established by rule. If a license is not issued or renewed, the 1408
application fee shall be retained by the state as payment for the 1409
reasonable expense of processing the application. The director1410
shall by rule classify by pesticide-use category licenses to be1411
issued under this section. A single license may include more than1412
one pesticide-use category. No individual shall be required to pay1413
an additional license fee if the individual is licensed for more1414
than one category.1415

       The fee for each license or renewal does not apply to an1416
applicant who is an employee of the department of agriculture 1417
whose job duties require licensure as a commercial applicator as a 1418
condition of employment.1419

       (B) Application for a commercial applicator license shall be1420
made on a form prescribed by the director. Each application for a1421
license shall state the pesticide-use category or categories of 1422
license for which the applicant is applying and other information 1423
that the director determines essential to the administration of 1424
this chapter.1425

       (C) If the director finds that the applicant is competent to1426
apply pesticides and conduct diagnostic inspections and that the 1427
applicant has passed both the general examination and each1428
applicable pesticide-use category examination as required under1429
division (A) of section 921.12 of the Revised Code, the director1430
shall issue a commercial applicator license limited to the1431
pesticide-use category or categories for which the applicant is 1432
found to be competent. If the director rejects an application, the1433
director may explain why the application was rejected, describe1434
the additional requirements necessary for the applicant to obtain1435
a license, and return the application. The applicant may resubmit1436
the application without payment of any additional fee.1437

       (D)(1) A person who is a commercial applicator shall be1438
deemed to hold a private applicator's license for purposes of1439
applying pesticides on agricultural commodities that are produced1440
by the commercial applicator.1441

       (2) A commercial applicator shall apply pesticides only in1442
the pesticide-use category or categories in which the applicator1443
is licensed under this chapter.1444

       Sec. 921.23.  The director of agriculture may suspend, prior1445
to a hearing, for not longer than ten days, and after the 1446
opportunity for a hearing may deny, suspend, revoke, refuse to 1447
renew, or modify any provision of any license, permit, or 1448
registration issued pursuant to this chapter if the director finds 1449
that the applicant or the holder of a license, permit, or 1450
registration is no longer qualified, has violated any provision of1451
this chapter or rules adopted under it, has been found guilty of1452
violating the federal act, or has been convicted of a misdemeanor1453
involving moral turpitude or of a felony.1454

       Sec. 955.51.  (A) Any owner of horsesAs used in sections 1455
955.51 to 955.53 of the Revised Code:1456

       (1) "Animal" means a horse, mule, sheep, head of cattle,1457
swine, mules, goatsgoat, domestic rabbitsrabbit, or domestic 1458
fowl or poultry that have an aggregate fair market value of ten 1459
dollars or more and.1460

       (2) "Fair market value" means the average price that is paid 1461
for a healthy grade animal at a livestock auction selected by the 1462
director of agriculture and licensed under Chapter 943. of the 1463
Revised Code.1464

       (3) "Grade animal" means an animal that is not eligible for 1465
registration by a breed association or in a registry.1466

       (4) "Predator" means a coyote or a black vulture.1467

       (B) An owner of an animal that havehas been injured or 1468
killed by a coyote or a black vulturepredator and that the owner 1469
believes has a fair market value of more than twenty-five dollars1470
shall notify the dog wardendo both of the following within three 1471
daysseventy-two hours after the loss or injury has been 1472
discovered. The:1473

       (1) Notify the dog warden by telephone;1474

       (2) Document by photograph the wounds sustained by the 1475
animal.1476

       If the owner chooses to file a claim under sections 955.51 to 1477
955.53 of the Revised Code, the owner shall complete a claim form 1478
for indemnification in quadruplicate as prescribed by the director 1479
in section 955.53 of the Revised Code and provided by the dog 1480
warden. The owner may request, and the dog warden shall provide, 1481
assistance in filling out the form. For the purposes of section 1482
955.52 of the Revised Code, the owner shall send to the department 1483
of agriculture, within thirty days after discovery of the animal, 1484
the original copy of the claim form, all photographs documenting 1485
the wounds of the animal, and any other pertinent facts in the 1486
possession of the owner.1487

       If the animal that is killed or injured is registered by an 1488
accepted association or in an accepted registry, the owner shall 1489
submit with the claim form that is filed with the department the 1490
registration papers showing the animal's lines of breeding, age, 1491
and other relevant information. If the animal is the offspring of 1492
registered stock and is eligible for registration, the 1493
registration papers showing the lines of breeding of the offspring 1494
shall be submitted as well.1495

       The owner shall retain a copy of the claim form and provide a 1496
copy of the form to both the dog warden and the wildlife officer 1497
who investigates the claim, if applicable.1498

       (C) Following notification from the owner of an animal under 1499
division (B) of this section, the dog warden promptly shall 1500
investigate the loss or injury and shall determine whether or not 1501
the loss or injury was made by a coyote or a black vulture1502
predator. If the dog warden findsdetermines that the loss or 1503
injury was not made by a coyote or a black vulturepredator, the 1504
owner has no claim under sections 955.51 to 955.53 of the Revised 1505
Code. If the dog warden findsdetermines that the loss or injury 1506
was made by a coyote or a black vulturepredator, the dog warden1507
promptly shall notify by telephone the wildlife officer of that 1508
findingdetermination. For the purposes of section 955.52 of the 1509
Revised Code, the dog warden shall send to the department the dog 1510
warden's determination of whether the animal was killed or injured 1511
by a predator and any other documents, testimony, or information 1512
that the dog warden has received relating to the loss or injury of 1513
the animal. The1514

       (D) Following notification from the dog warden under division 1515
(C) of this section, the wildlife officer then shall confirm the 1516
findingdetermination of the dog warden on the claim, disaffirm 1517
it, or state that the wildlife officer is uncertain about the 1518
findingdetermination. If the wildlife officer disaffirms the 1519
determination of the dog warden, the owner has no claim under 1520
sections 955.51 to 955.53 of the Revised Code. If the wildlife 1521
officer affirms the findingdetermination of the dog warden or 1522
states that the wildlife officer is uncertain about that finding1523
determination, the owner may proceed with a claim under sections1524
955.51 to 955.53 of the Revised Code, and the dog warden shall1525
provide the owner with duplicate copies of the claim form provided 1526
for in section 955.53 of the Revised Code and assist the owner in 1527
filling it out. The owner shall set forth the kind, grade,1528
quality, and what the owner has determined is the fair market 1529
value of the animals, fowl, or poultry, the nature and amount of 1530
the loss or injury, the place where the loss or injury occurred, 1531
and all other pertinent facts in the possession of the claimant. 1532
If the animals, fowl, or poultry die as a result of their 1533
injuries, their fair market value is the market value of uninjured 1534
animals, fowl, or poultry on the date of the death of the injured 1535
animals, fowl, or poultry. If the animals, fowl, or poultry do not 1536
die as a result of their injuries, their fair market value is 1537
their market value on the date on which they received their 1538
injuries.1539

       (B) If the dog warden finds all the statements that the owner 1540
made on the form to be correct and agrees with the owner as to the 1541
fair market value of the animals, fowl, or poultry, the dog warden1542
promptly shall so certify and send both copies of the form,1543
together with whatever other documents, testimony, or information 1544
the dog warden has received relating to the loss or injury, to the 1545
department of agriculture.1546

       (C) If the dog warden does not find all the statements to be 1547
correct or does not agree with the owner as to the fair market1548
value, the owner may appeal to the department of agriculture for a 1549
determination of the owner's claim. In that case the owner shall1550
secure statements as to the nature and amount of the loss or1551
injury from at least two witnesses who viewed the results of the1552
killing or injury and who can testify about the results and shall1553
submit both copies of the form to the department no later than1554
twenty days after the loss or injury was discovered. The dog1555
warden shall submit to the department whatever documents,1556
testimony, and other information the dog warden has received 1557
relating to the loss or injury. The department shall receive any 1558
other information or testimony that will enable it to determine 1559
the fair market value of the animals, fowl, or poultry injured or1560
killed.1561

       (D) If the animals, fowl, or poultry described in division1562
(A) of this section are registered in any accepted association or1563
registry, the owner or the owner's employee or tenant shall submit 1564
with the claim form the registration papers showing the lines of1565
breeding, age, and other relevant matters. If the animals are the 1566
offspring of registered stock and eligible for registration, the 1567
registration papers showing the breeding of the offspring shall be 1568
submittedwildlife officer shall so notify in writing the 1569
department for the purposes of section 955.52 of the Revised Code.1570

       Sec. 955.52. (A)(1) The department of agriculture shall hear1571
claims submitted to itthat are approved by the dog warden and 1572
supported by the wildlife officer pursuant to section 955.51 of 1573
the Revised Code in the order of their filing and may allow the 1574
claims in full or in part, or may disallow any claim, as the 1575
testimony showsand information submitted under that section show1576
to be just. The department shall make the final determination of 1577
the fair market value of any animal, foul, or poultry that is the 1578
subject of a claim. The1579

       If the animal that is the subject of a claim dies as a result 1580
of the injuries that it received from a predator, the amount of 1581
indemnity is the fair market value of the animal on the date of 1582
its death. If the animal that is the subject of a claim does not 1583
die as a result of the injuries that it received from a predator, 1584
the amount of indemnity is the fair market value of the animal on 1585
the date that it received its injuries. If the animal that is the 1586
subject of a claim is registered or eligible for registration as 1587
described in division (B) of section 955.51 of the Revised Code, 1588
the amount of indemnity is one hundred twenty-five per cent of the 1589
fair market value of the animal on the date that the animal was 1590
killed or injured. If the date of death or injury of an animal 1591
cannot be determined, the amount of indemnity shall be based on 1592
the fair market value of the animal on the date that the animal 1593
was discovered by its owner.1594

       (2) If the owner of an animal does not agree with the 1595
department's determination of the animal's fair market value, the 1596
owner may appeal the determination in accordance with Chapter 119. 1597
of the Revised Code.1598

       (3) The department shall certify any claim or part of a claim 1599
that has been found to be valid under division (A)(1) of this 1600
section. Claims certified in accordance with this section shall be 1601
paid out of the agro Ohio fund provided for in section 901.04 of 1602
the Revised Codemoney that has been appropriated from the general 1603
revenue fund for the purposes of sections 955.51 to 955.53 of the 1604
Revised Code, except that no claim shall be paid from the fund1605
that money if aeither of the following applies:1606

       (a) A claim for the same loss or injury has been paid or is 1607
payable under a policy or policies of insurance. However, a claim 1608
may be paid from the fund for the amount of any deductible paid or 1609
payable by the claimant under such insurance.1610

       (b) The owner of an animal who otherwise would receive 1611
indemnity under a claim has been paid more than five hundred 1612
dollars within the immediately preceding calendar year from money 1613
so appropriated. However, that owner may be paid if the owner has 1614
implemented a voluntary animal damage control plan that meets the 1615
requirements established in rules adopted under division (D) of 1616
this section.1617

       (B) If at any time the money that has been appropriated from 1618
the general revenue fund for the purposes of sections 955.51 to 1619
955.53 of the Revised Code for a fiscal year is not sufficient to 1620
pay certified claims, the department shall disapprove those 1621
claims. Any claim that has been disapproved due to lack of money 1622
shall not be resubmitted.1623

       (C) The department either may assist owners in developing and 1624
implementing a voluntary animal damage control plan to prevent and 1625
minimize loss or injury to animals by predators or may enter into 1626
an agreement with another state agency, a federal agency, or a 1627
person to provide such assistance. The department may use no more 1628
than fifty per cent or twenty-five thousand dollars, whichever is 1629
less, of the money that is appropriated for the purposes of 1630
sections 955.51 to 955.53 of the Revised Code to pay the costs 1631
incurred by the department for either providing assistance under 1632
this division or entering into an agreement under this division to 1633
provide that assistance.1634

       (D) The director of agriculture shall adopt rules in 1635
accordance with Chapter 119. of the Revised Code that are 1636
necessary to administer sections 955.51 to 955.53 of the Revised 1637
Code, including rules that establish requirements governing 1638
voluntary animal damage control plans.1639

       Sec. 955.53.  All claims against the agro Ohio fund pursuant 1640
tomoney appropriated from the general revenue fund for the 1641
purposes of sections 955.51 and 955.52to 955.53 of the Revised 1642
Code and all accompanying statements and testimony shall be upon 1643
claim forms prepared by the director of agriculture and furnished 1644
by the dog warden. The forms shall not require an affidavit, but1645
shall contain lines for the signatures of the claimant and 1646
witnesses and, immediately above those lines, the sentence, "This 1647
statement is made subject to the criminal penalties for 1648
falsification provided for in section 2921.13 of the Revised Code.1649

       Sec. 1515.01.  As used in Chapter 1515. of the Revised Code1650
this chapter:1651

       (A) "Soil and water conservation district" means a district 1652
organized in accordance with this chapter.1653

       (B) "Supervisor" means one of the members of the governing1654
body of a district.1655

       (C) "Landowner," "owner," or "owner of land" means an owner 1656
of record as shown by the records in the office of the county1657
recorder. With respect to an improvement or a proposed 1658
improvement, "landowner," "owner," or "owner of land" also 1659
includes any public corporation and the director of any 1660
department, office, or institution of the state that is affected 1661
by the improvement or that would be affected by the proposed 1662
improvement, but that does not own any right, title, estate, or 1663
interest in or to any real property.1664

       (D) "Land occupier" or "occupier of land" means any person, 1665
firm, or corporation whichthat controls the use of land whether 1666
as landowner, lessee, renter, or tenant.1667

       (E) "Due notice" means notice published at least twice,1668
stating time and place, with an interval of at least thirteen days 1669
between the two publication dates, in a newspaper of general1670
circulation within a soil and water conservation district.1671

       (F) "Agricultural pollution" means failure to use management 1672
or conservation practices in farming or silvicultural operations 1673
to abate wind or water erosion of the soil or to abate the 1674
degradation of the waters of the state by animal waste or soil 1675
sediment including substances attached thereto.1676

       (G) "Urban sediment pollution" means failure to use1677
management or conservation practices to abate wind or water1678
erosion of the soil or to abate the degradation of the waters of1679
the state by soil sediment in conjunction with land grading,1680
excavating, filling, or other soil disturbing activities on land1681
used or being developed for nonfarm commercial, industrial,1682
residential, or other nonfarm purposes, except lands being used in 1683
a strip mine operation as defined in section 1513.01 of the1684
Revised Code and except lands being used in a surface mining1685
operation as defined in section 1514.01 of the Revised Code.1686

       (H) "Uniform assessment" means an assessment that is both of 1687
the following:1688

       (1) Based upon a complete appraisal of each parcel of land, 1689
together with all improvements thereon, within a project area and 1690
of the benefits or damages brought about as a result of the 1691
project that is determined by criteria applied equally to all1692
parcels within the project area; and1693

       (2) Levied upon the parcels at a uniform rate on the basis of 1694
the appraisal.1695

       (I) "Varied assessment" means any assessment that does not1696
meet the criteria established in division (H) of this section.1697

       (J) "Project area" means an area determined and certified by 1698
the supervisors of a soil and water conservation district under 1699
section 1515.201515.19 of the Revised Code.1700

       (K) "Benefit" or "benefits" means advantages to land and 1701
owners, to public corporations, and to the state resulting from 1702
drainage, conservation, control, and management of water and from 1703
environmental, wildlife, and recreational improvements. "Benefit" 1704
or "benefits" includes, but is not limited to, any of the 1705
following factors:1706

       (1) Elimination or reduction of damage from flooding;1707

       (2) Removal of water conditions that jeopardize public 1708
health, safety, or welfare;1709

       (3) Increased value of land resulting from an improvement;1710

       (4) Use of water for irrigation, storage, regulation of 1711
stream flow, soil conservation, water supply, or any other 1712
incidental purpose;1713

       (5) Providing an outlet for the accelerated runoff from 1714
artificial drainage if a stream, watercourse, channel, or ditch 1715
that is under improvement is called upon to discharge functions 1716
for which it was not designed. Uplands that have been removed from 1717
their natural state by deforestation, cultivation, artificial 1718
drainage, urban development, or other human methods shall be 1719
considered to be benefited by an improvement that is required to 1720
dispose of the accelerated flow of water from the uplands.1721

       (L) "Improvement" or "conservation works of improvement" 1722
means an improvement that is made under the authority established 1723
in division (C) of section 1515.08 of the Revised Code.1724

       (M) "Land" has the same meaning as in section 6131.01 of the 1725
Revised Code.1726

       Sec. 1515.14.  Within the limits of funds appropriated to the 1727
department of natural resources, there shall be paid in each1728
calendar year to each local soil and water conservation district1729
an amount not to exceed one dollar for each one dollar received in 1730
accordance with section 1515.10 of the Revised Code, received from 1731
tax levies in excess of the ten-mill levy limitation approved for 1732
the benefit of local soil and water conservation districts, or1733
received from an appropriation by a municipal corporation or a 1734
township to a maximum of eight thousand dollars, provided that the 1735
Ohio soil and water conservation commission may approve payment to 1736
a district in an amount in excess of eight thousand dollars in any 1737
calendar year upon receipt of a request and justification from the 1738
district. The county auditor shall credit such payments to the 1739
special fund established pursuant to section 1515.10 of the 1740
Revised Code for the local soil and water conservation district. 1741
The department may make advances at least quarterly to each 1742
district on the basis of the estimated contribution of the state 1743
to each district. Moneys received by each district shall be 1744
expended for the purposes of the district.1745

       Sec. 1515.18.  An owner of land that is located in a soil and 1746
water conservation district may file a petition with the 1747
supervisors of the district requesting the construction of a 1748
conservation works of improvement. Upon the receipt of such a 1749
petition, the supervisors shall make a preliminary determination 1750
to accept or reject the petition.1751

       A petition may be rejected if the supervisors determine that 1752
the information that it contains about the proposed improvement is 1753
insufficient to enable the supervisors to proceed with the 1754
petition under this chapter or if the petition appears to be 1755
frivolous. The supervisors also may reject a petition on the 1756
grounds that the district lacks sufficient staff or other 1757
resources to proceed with the improvement in accordance with this 1758
chapter. If the supervisors reject a petition, they shall notify 1759
the petitioner of the reasons for the rejection. A petition that 1760
was rejected due to insufficient information may be supplemented 1761
with additional information and filed again.1762

       If the supervisors accept a petition for a proposed 1763
improvement, they shall establish a date and time for a view of 1764
the proposed improvement, which date shall be not fewer than 1765
twenty-five nor more than ninety days after the date on which the 1766
petition was filed. The supervisors shall designate a convenient 1767
place near the proposed improvement at which the view shall start.1768

       Upon receipt of a petition, the supervisors also shall 1769
establish a date and time on and at which and designate a location 1770
at which they will hold a hearing on the proposed improvement. The 1771
hearing shall occur not later than ninety days after the date 1772
established for the view.1773

       Sec. 1515.181.  As soon as the supervisors of a soil and 1774
water conservation district have established the dates, times, and 1775
locations of the view and the hearing concerning a proposed 1776
improvement, they shall send, at least twenty days prior to the 1777
date established for the view, a written notice of the view and 1778
the hearing to the landowners within the area to be benefited by 1779
the proposed improvement and to the board of county commissioners 1780
and the county engineer. The supervisors shall notify all 1781
landowners that are adjacent to the proposed improvement by 1782
certified mail and shall notify all others by certified mail or 1783
first class mailings. Any such written notice shall have the words 1784
"Legal Notice" printed in plain view on the face of the envelope. 1785
In addition, the supervisors shall invite to the view and the 1786
hearing the staff of the soil and water conservation district and 1787
the staff of the natural resources conservation service in the 1788
United States department of agriculture that is involved with the 1789
district together with any other people that the supervisors 1790
consider to be necessary to the proceedings.1791

       Sec. 1515.182.  On the date established for the view of a 1792
proposed improvement, the supervisors of a soil and water 1793
conservation district shall meet at the designated location near 1794
the proposed improvement at the established time. At that time, 1795
they shall hear proof of the need for the proposed improvement 1796
offered by any landowner that is affected by it.1797

       The supervisors shall view the area in which the proposed 1798
improvement is to be constructed. If the proposed improvement is a 1799
ditch, the view shall include the line of the proposed ditch and 1800
each branch, lateral, or spur of the ditch that is mentioned in 1801
the petition. If the area to be viewed is extensive, the 1802
supervisors may conduct the view on more than one day and may 1803
adjourn from day to day, or a longer period, until the view is 1804
completed.1805

       Sec. 1515.183.  Upon acceptance of a petition requesting the 1806
construction of an improvement, the supervisors of a soil and 1807
water conservation district shall begin to prepare, as a guide to 1808
the board of county commissioners and the petitioners, a 1809
preliminary report regarding the proposed improvement. The 1810
supervisors shall present the completed preliminary report at the 1811
hearing that is held on the proposed improvement.1812

       The preliminary report shall include a preliminary estimate 1813
of cost, comments on the feasibility of the project, and a 1814
statement of the supervisors' opinion as to whether the benefits 1815
from the project are likely to exceed the estimated cost. The 1816
preliminary report shall identify all factors that are apparent to 1817
the supervisors, both favorable and unfavorable to the proposed 1818
improvement, so that the petitioners may be informed concerning 1819
what is involved with the construction of the improvement.1820

       In addition to reporting on the improvement as petitioned, 1821
the supervisors may submit alternate proposals to accomplish the 1822
intent of the petition. The preliminary report and all alternate 1823
proposals shall be reviewed and receive concurrence from an 1824
engineer who is employed by the division of soil and water 1825
conservation or by the natural resources conservation service in 1826
the United States department of agriculture and who is responsible 1827
for providing technical assistance to the district or from any 1828
other registered professional engineer whom the supervisors 1829
choose.1830

       Sec. 1515.184.  On the date and at the time established for 1831
the hearing on a petition for a proposed improvement, the 1832
supervisors of a soil and water conservation district shall 1833
conduct the hearing. Prior to the hearing, landowners affected by 1834
the proposed improvement may file objections to it with the 1835
supervisors, and at the hearing the supervisors shall hear any 1836
objections so filed. In addition, the supervisors shall present 1837
their preliminary report on the proposed improvement and shall 1838
hear any evidence offered by any landowner for or against 1839
construction of the proposed improvement. If necessary, the 1840
hearing may occur on more than one day and may be adjourned from 1841
day to day or for a longer time that may be reasonable so that all 1842
interested landowners may have an opportunity to be heard in favor 1843
of or in opposition to the proposed improvement.1844

       Sec. 1515.185.  If modifications or alternatives to a 1845
proposed improvement are proposed or discussed at the hearing on 1846
the improvement, the supervisors of the soil and water 1847
conservation district may adjourn the hearing for a period of time 1848
that is necessary to conduct a subsequent view of the proposed 1849
improvement in light of the proposed changes. If it appears that a 1850
subsequent view is necessary, the supervisors shall establish a 1851
date, time, and location for it and shall notify, in the same 1852
manner, the same persons that were required to be notified of the 1853
first view.1854

       Sec. 1515.19.  At the conclusion of the hearing on a proposed 1855
improvement, the supervisors of a soil and water conservation 1856
district may approve the petition for the improvement if they are 1857
reasonably certain that the cost of the proposed improvement will 1858
be less than the benefits from it and if they find that the 1859
improvement is necessary, that it will be conducive to the public 1860
welfare, that it will improve water management and development in 1861
the county in which the district is located to the advantage of 1862
lands located in it, and that it will aid lands in the area by 1863
promoting the economical, industrial, environmental, or social 1864
development of the area.1865

       Upon approval of the petition, the supervisors shall 1866
establish a date by which the supervisors must complete, in 1867
accordance with sections 1515.191 to 1515.193 of the Revised Code, 1868
plans and specifications for the improvement together with 1869
estimates of damages from and costs for it. The date established 1870
shall allow as much time as is necessary for the preparation of 1871
the plans, specifications, and estimates. The supervisors may 1872
extend the completion date if necessary. Upon completion of the 1873
plans, specifications, and estimates, the supervisors shall do 1874
both of the following:1875

       (A) Determine the area that would be benefited by the 1876
proposed improvement and certify the determination together with 1877
the supervisors' approval of the improvement to the board of 1878
county commissioners of each county containing land included in 1879
the benefited area;1880

       (B) Submit the plans, specifications, and estimates together 1881
with the preliminary report to each such board.1882

       Sec. 1515.191.  Upon approval by the supervisors of a soil 1883
and water conservation district of a petition for a proposed 1884
improvement, the supervisors or their designee shall conduct all 1885
necessary surveys for the proposed improvement. In addition, the 1886
supervisors or their designee shall prepare plans for constructing 1887
the improvement and shall prepare maps showing the location of the 1888
land that is proposed to be assessed in accordance with section 1889
1515.24 of the Revised Code for the improvement.1890

       The supervisors or their designee shall prepare 1891
specifications for construction of the improvement and shall 1892
specify dimensions of any temporary easement that is necessary for 1893
construction purposes. In addition, the supervisors or their 1894
designee shall make estimates of the cost of material and any 1895
excavation costs. The construction of the improvement may be 1896
divided into construction areas if that would be expedient.1897

       In the case of an improvement that is a ditch or similar 1898
structure for the disposal of water, the specifications for its 1899
construction that the supervisors or their designee must prepare 1900
shall provide for spreading and leveling of spoil banks and shall 1901
provide for erosion and sediment control through the establishment 1902
of a sod or seeded strip not fewer than four feet nor more than 1903
fifteen feet wide, measured at right angles to the top of the 1904
ditch bank on both sides of the ditch, except where suitable 1905
vegetative cover exists. The strip or other such controls shall be 1906
considered to be part of the permanent improvement. Sod or seeded 1907
strips that are established and maintained in excess of four feet 1908
shall be compensated for by their removal from the taxable 1909
valuation of the property of which they are a part.1910

       The supervisors or their designee shall make note of all 1911
fences, floodgates, culverts, bridges, and other structures that 1912
will be removed or adjusted in constructing the improvement. The 1913
supervisors or their designee also shall make note of any gates 1914
that need to be installed in existing fences in order to provide 1915
access to the improvement for maintenance purposes. The gates 1916
shall be locked when requested by the owner of the fence and shall 1917
be considered to be a part of the original improvement and subject 1918
to maintenance along with the improvement.1919

       The supervisors shall submit the plans, specifications, and 1920
other information prepared in accordance with this section to the 1921
board of county commissioners of each county in which the proposed 1922
improvement is to be located.1923

       Sec. 1515.192.  The supervisors of a soil and water 1924
conservation district or their designee shall estimate the value 1925
of land or other property that must be taken and the damages to be 1926
sustained by any owner as a result of the construction and 1927
subsequent maintenance of a proposed improvement. The supervisors 1928
or their designee shall prepare a schedule of damages consisting 1929
of the name and address of each owner that is alleged to be 1930
damaged, the amount of the estimated damages, and an explanation 1931
of the injury upon which the estimate is based. The supervisors' 1932
or their designee's schedule of damages also shall contain the 1933
value of the land or other property that is necessary to be taken 1934
and a complete description of that land or other property. The 1935
supervisors shall include the total of the estimated damages and 1936
valuations as part of the estimate of the total cost of 1937
constructing the improvement and shall submit the schedule of 1938
damages to the board of county commissioners of each county in 1939
which the improvement is to be located.1940

       Sec. 1515.193.  The supervisors of a soil and water 1941
conservation district or their designee shall make an estimate of 1942
the cost of the construction of a proposed improvement, which 1943
shall include actual construction costs, any other expenses 1944
incurred in investigations and notifications related to the 1945
project, the value of land or other property that must be taken 1946
and the damages to be sustained by any owner as a result of the 1947
construction and subsequent maintenance of the proposed 1948
improvement, the cost of installing any gates in fences or any 1949
other structures that are necessary to provide access to the 1950
improvement for maintenance purposes, and any other incidental 1951
costs. Upon completion of the estimate of cost, the supervisors 1952
shall submit it to the board of county commissioners of each 1953
county in which the improvement is to be located.1954

       Sec. 1515.21.  Upon receipt of a certification under section 1955
1515.201515.19 of the Revised Code, the board of county1956
commissioners shall, within sixty days, approve or disapprove1957
construction of the improvement. If a board disapproves1958
construction of the improvement, the supervisors may revise the1959
plan for the improvement and again proceed under section 1515.201960
1515.19 of the Revised Code. If the board of county commissioners 1961
of each county containing any of the territory included in the1962
project area approves construction of the improvement, the board,1963
or if there is more than one such county, the joint board formed1964
under section 1515.22 of the Revised Code, has in addition to its1965
other powers, the powers of a soil and water conservation district 1966
granted by division (C) of section 1515.08 of the Revised Code.1967

       When considering whether to approve or disapprove 1968
construction of an improvement, the board shall consider all of 1969
the following factors:1970

       (A) The cost of location and construction;1971

       (B) The compensation for land or other property that must be 1972
taken;1973

       (C) The benefits to the public welfare;1974

       (D) The benefits to land, public corporations, and the state 1975
needing the improvement;1976

       (E) In the case of an improvement involving the drainage of 1977
water, the effect on land below the improvement that may be caused 1978
by constructing the improvement and the sufficiency or 1979
insufficiency of the outlet that receives flow from the 1980
improvement;1981

       (F) Any other proper matter that will assist the board in 1982
approving or disapproving construction of the improvement.1983

       When, in the opinion of the board of county commissioners, it 1984
is necessary for the board to acquire real property or a1985
right-of-way or other easement for a conservation works of1986
improvement under Chapter 1515. of the Revised Codethis chapter, 1987
the board may appropriate suchthe real property or right-of-way 1988
or other easement in accordance with sections 163.01 to 163.62 of 1989
the Revised Code.1990

       If the board approves construction of the improvement, the 1991
county engineer shall file with the county recorder a property 1992
plat showing the general location of the improvement and a 1993
statement describing the dimensions of any permanent easement that 1994
is necessary for maintenance of the improvement. In the case of an 1995
improvement that is an open ditch, provisions that govern the 1996
permanent easement for maintenance of the ditch that are 1997
established in section 6137.12 of the Revised Code shall apply.1998

       A board shall follow sections 307.86 to 307.91 of the Revised 1999
Code, except that the board may designate the board of supervisors 2000
as the contracting agency and it shall follow division (H) of 2001
section 1515.08 of the Revised Code, or except that if the 2002
improvement is being undertaken through the joint efforts and 2003
cooperation of the board of county commissioners or board of 2004
supervisors and another state or federal agency, and if the state 2005
or federal regulations or procedures are in conflict with such2006
those sections with respect to the procedures for the preparing of 2007
contracts, the issuing of bids, the making of awards, and 2008
generally the administering of the contracts, the board of county 2009
commissioners or board of supervisors may adopt the state or 2010
federal regulations or procedures in those areas where conflict 2011
exists and proceed with the improvement in accordance with the 2012
requirements of the state or federal regulations or procedures.2013

       Sec. 1515.211.  A board of county commissioners that approves 2014
construction of a proposed improvement or the board's designee 2015
shall prepare a schedule of estimated assessments on property 2016
within the area that is to be benefited by the improvement. In 2017
preparing the schedule, the board or its designee shall use 2018
information concerning the proposed improvement that must be 2019
submitted to the board by the supervisors of a soil and water 2020
conservation district. The information includes plans for the 2021
proposed improvement, including surveys, maps, and specifications, 2022
together with schedules of damages, cost estimates, and any 2023
related reports that the supervisors or their designee prepared.2024

       The schedule of estimated assessments that must be prepared 2025
shall include the name and address of each owner of land believed 2026
to be benefited by the proposed improvement together with a 2027
description of the land. The names and descriptions shall be 2028
obtained from the tax duplicates of the county. The board or its 2029
designee shall enter in the schedule the amount of each estimated 2030
assessment, which shall be determined using considerations 2031
established in section 1515.24 of the Revised Code. In no case 2032
shall an assessment be less than twenty-five dollars. The total of 2033
the estimated assessments, including the total estimated 2034
assessments allocated to public corporations and the state, shall 2035
equal the estimated cost of the proposed improvement. The board 2036
shall use the schedule of estimated assessments for purposes of 2037
levying final assessments under section 1515.24 of the Revised 2038
Code.2039

       Sec. 1515.24.  (A) UponFollowing receipt of a certification 2040
made by the supervisors of a soil and water conservation district 2041
pursuant to section 1515.201515.19 of the Revised Code together 2042
with receipt of all plans, specifications, and estimates submitted 2043
under that section and upon completion of a schedule of estimated 2044
assessments in accordance with section 1515.211 of the Revised 2045
Code, the board of county commissioners may adopt a resolution 2046
levying upon the property within the project area an assessment at 2047
a uniform or varied rate based upon the benefit to the area 2048
certified by the supervisors, as necessary to pay the cost of 2049
construction of the improvement not otherwise funded and to repay 2050
advances made for purposes of the improvement from the fund 2051
created by section 1515.15 of the Revised Code. The board of2052
county commissioners shall direct the person or authority2053
preparing assessments to give primary consideration, in2054
determining a parcel's estimated assessments relating to the2055
disposal of water, to the potential increase in productivity that2056
the parcel may experience as a result of the improvement and also2057
to give consideration to the amount of water disposed of, the2058
location of the property relative to the project, the value of the2059
project to the watershed, and benefits as defined in section2060
6131.01 of the Revised Code. The part of the assessment that is2061
found to benefit state, county, or township roads or highways or2062
municipal streets shall be assessed against the state, county,2063
township, or municipal corporation, respectively, payable from2064
motor vehicle revenues. The part of the assessment that is found2065
to benefit property owned by any public corporation, any political2066
subdivision of the state, or the state shall be assessed against2067
the public corporation, the political subdivision, or the state2068
and shall be paid out of the general funds or motor vehicle2069
revenues of the public corporation, the political subdivision of2070
the state, or the state, except as otherwise provided by law.2071

       (B) The assessment shall be certified to the county auditor2072
and by the county auditor to the county treasurer. The collection2073
of the assessment shall conform in all matters to Chapter 323. of2074
the Revised Code.2075

       (C) Any land owned and managed by the department of natural2076
resources for wildlife, recreation, nature preserve, or forestry2077
purposes is exempt from assessments if the director of natural2078
resources determines that the land derives no benefit from the2079
improvement. In making such a determination, the director shall2080
consider the purposes for which the land is owned and managed and2081
any relevant articles of dedication or existing management plans2082
for the land. If the director determines that the land derives no2083
benefit from the improvement, the director shall notify the board2084
of county commissioners, within thirty days after receiving the2085
assessment notification required by this section, indicating that2086
the director has determined that the land is to be exempt and2087
explaining the specific reason for making this determination. The2088
board of county commissioners, within thirty days after receiving2089
the director's exemption notification, may appeal the2090
determination to the court of common pleas. If the court of common 2091
pleas finds in favor of the board of county commissioners, the 2092
department of natural resources shall pay all court costs and2093
legal fees.2094

       (D)(1) The board shall give notice by first class mail to2095
every public and private property owner whose property is subject2096
to assessment, at the tax mailing or other known address of the2097
owner. The notice shall contain a statement of the amount to be2098
assessed against the property of the addressee, a description of2099
the method used to determine the necessity for and the amount of2100
the proposed assessment, a description of any easement on the 2101
property that is necessary for purposes of the improvement, and a 2102
statement that the addressee may file an objection in writing at 2103
the office of the board of county commissioners within thirty days 2104
after the mailing of notice. If the residence of any owner cannot 2105
be ascertained, or if any mailed notice is returned undelivered, 2106
the board shall publish the notice to all such owners in a 2107
newspaper of general circulation within the project area, at least 2108
once each week for three weeks, which notice shall include the 2109
information contained in the mailed notice, but shall state that 2110
the owner may file an objection in writing at the office of the 2111
board of county commissioners within thirty days after the last 2112
publication of the notice.2113

       (2) Upon receipt of objections as provided in this section,2114
the board shall proceed within thirty days to hold a final hearing2115
on the objections by fixing a date and giving notice by first2116
class mail to the objectors at the address provided in filing the2117
objection. If any mailed notice is returned undelivered, the board 2118
shall give due notice to the objectors in a newspaper of general 2119
circulation in the project area, stating the time, place, and 2120
purpose of the hearing. Upon hearing the objectors, the board may 2121
adopt a resolution amending and approving the final schedule of 2122
assessments and shall enter it in the journal.2123

       (3) Any owner whose objection is not allowed may appeal2124
within thirty days to the court of common pleas of the county in2125
which the property is located.2126

       (4) The board of county commissioners shall make an order2127
approving the levying of the assessment and shall proceed under2128
section 6131.23 of the Revised Code after one of the following has2129
occurred, as applicable:2130

       (a) Final notice is provided by mail or publication.2131

       (b) The imposition of assessments is upheld in the final2132
disposition of an appeal that is filed pursuant to division (D)(3)2133
of this section.2134

       (c) The resolution levying the assessments is approved in a2135
referendum that is held pursuant to section 305.31 of the Revised2136
Code.2137

       (5) The county treasurer shall deposit the proceeds of the2138
assessment in the fund designated by the board and shall report to2139
the county auditor the amount of money from the assessment that is2140
collected by the treasurer. Moneys shall be expended from the fund 2141
for purposes of the improvement.2142

       (E) Any moneys collected in excess of the amount needed for2143
construction of the improvement and the subsequent first year's2144
maintenance may be maintained in a fund to be used for maintenance2145
of the improvement. In any year subsequent to a year in which an2146
assessment for construction of an improvement levied under this2147
section has been collected, and upon determination by the board of2148
county commissioners that funds are not otherwise available for2149
maintenance or repair of the improvement, the board shall levy on2150
the property within the project area an assessment for maintenance2151
at a uniform percentage of all construction costs based upon the2152
assessment schedule used in determining the construction2153
assessment. The assessment is not subject to the provisions2154
concerning notice and petition contained in this section. An2155
assessment for maintenance shall not be levied in any year in2156
which the unencumbered balance of funds available for maintenance2157
of the improvement exceeds twenty per cent of the cost of2158
construction of the improvement, except that the board may adjust2159
the level of assessment within the twenty per cent limitation, or2160
suspend temporarily the levying of an assessment, for maintenance2161
purposes as maintenance funds are needed.2162

       For the purpose of levying an assessment for maintenance of2163
an improvement, a board may use the procedures established in2164
Chapter 6137. of the Revised Code regarding maintenance of2165
improvements as defined in section 6131.01 of the Revised Code in2166
lieu of using the procedures established under this section.2167

       (F) The board of county commissioners may issue bonds and2168
notes as authorized by section 131.23 or 133.17 of the Revised2169
Code.2170

       Sec. 3707.38.  The board of health of a city or general 2171
health district may appoint, define the duties of, and fix the 2172
compensation of the number of inspectors of shops, wagons,2173
appliances, and food, and the number of other persons necessary to2174
carry out this chapter and Chapter 3717. of the Revised Code and,2175
if applicable, to carry out any duties assumed by the board under2176
an agreement entered into under division (B)(A)(2) of section2177
917.02 of the Revised Code. Inspectors for those purposes may 2178
enter any house, vehicle, or yard. The board may authorize the 2179
health commissioner to perform the duties of the inspectors.2180

       Sec. 3715.65.  (A) No person shall sell, deliver, offer for 2181
sale, hold for sale, or give away any new drug unless:2182

       (1) Anan application with respect to the drug has become2183
effective under section 505 of the "Federal Food, Drug, and2184
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.2185

       (2) If the drug is not subject to the "Federal Food, Drug, 2186
and Cosmetic Act," the drug has been tested and found to be safe 2187
for use under the conditions prescribed, recommended, or suggested 2188
in its labeling, and, prior to selling the drug or offering it for 2189
sale, there has been filed with the director of agriculture an2190
application setting forth all of the following:2191

       (a) Full reports of investigations that have been made to2192
show whether or not the drug is safe for use;2193

       (b) A full list of the articles used as components of the2194
drug;2195

       (c) A full statement of the drug's composition;2196

       (d) A full description of the methods used in, and the2197
facilities and controls used for, the manufacture, processing, and 2198
packing of the drug;2199

       (e) Samples, as the director may require, of the drug and the 2200
articles used as components of the drug;2201

       (f) Specimens of the labeling proposed to be used for the2202
drug.2203

       (B) An application provided for in division (A)(2) of this2204
section shall become effective sixty days after it is filed, 2205
except that if the director finds after due notice to the 2206
applicant and after giving the applicant an opportunity for a 2207
hearing, that the drug is not safe for use under the conditions2208
prescribed, recommended, or suggested in the drug's proposed 2209
labeling, the director shall, prior to the effective date of the 2210
application, issue an order refusing to permit the application to2211
become effective. The order may be revoked by the director.2212

       (C) This section does not apply to the following:2213

       (1) A drug intended solely for investigational use by experts 2214
qualified by scientific training and experience to investigate the 2215
safety of drugs, provided that the drug is plainly labeled "For 2216
investigational use only";2217

       (2) A drug sold in this state at any time prior to the2218
enactment of sections 3715.01 and 3715.52 to 3715.72 of the 2219
Revised Code, or introduced into interstate commerce at any time 2220
prior to the enactment of the "Federal Food, Drug, and Cosmetic 2221
Act";2222

       (3) Any drug that is licensed under the "Public Health2223
Service Act," 58 Stat. 682 (1944), 42 U.S.C.A. 301, as amended, or 2224
under the "Virus-Serum-Toxin Act," 37 Stat. 832 (1913), 21 2225
U.S.C.A. 151, as amended.2226

       Sec. 5301.68.  An owner of land may grant a conservation2227
easement to the department of natural resources, a park district2228
created under Chapter 1545. of the Revised Code, a township park2229
district created under section 511.18 of the Revised Code, a2230
conservancy district created under Chapter 6101. of the Revised2231
Code, a soil and water conservation district created under Chapter2232
1515. of the Revised Code, a county, a township, a municipal2233
corporation, or a charitable organization that is authorized to2234
hold conservation easements by division (B) of section 5301.69 of2235
the Revised Code, in the form of articles of dedication, easement,2236
covenant, restriction, or condition. An owner of land also may2237
grant an agricultural easement to the director of agriculture; to2238
a municipal corporation, county, or township, or soil and water2239
conservation district; or to a charitable organization described2240
in division (B) of section 5301.69 of the Revised Code. An owner2241
of land may grant an agricultural easement only on land that is2242
valued for purposes of real property taxation at its current value2243
for agricultural use under section 5713.31 of the Revised Code or2244
that constitutes a homestead when the easement is granted.2245

       All conservation easements and agricultural easements shall2246
be executed and recorded in the same manner as other instruments2247
conveying interests in land.2248

       Sec. 5301.691.  (A)(1) Subject to divisions (A)(2) and (E)(F)2249
of this section, the director of agriculture, with moneys credited2250
to the agricultural easement purchase fund created in section2251
901.21 of the Revised Code, may purchase agricultural easements in2252
the name of the state.2253

       (2) Not less than thirty days prior to the acquisition of an2254
agricultural easement under division (A)(1) of this section or the2255
extinguishment of such an easement purchased under that division,2256
the director shall provide written notice of the intention to do2257
so to the board of county commissioners of the county in which the2258
land that is or is proposed to be subject to the easement or2259
extinguishment is located, and either to the legislative authority2260
of the municipal corporation in which the land is located, if it2261
is located in an incorporated area, or to the board of township2262
trustees of the township in which the land is located, if it is2263
located in an unincorporated area. If, within thirty days after2264
the director provides the notice, the board of county2265
commissioners, legislative authority, or board of township2266
trustees requests an informational meeting with the director2267
regarding the proposed acquisition or extinguishment, the director2268
shall meet with the legislative authority or board to respond to2269
the board's or authority's questions and concerns. If a meeting is 2270
timely requested under division (A)(2) of this section, the2271
director shall not undertake the proposed acquisition or2272
extinguishment until after the meeting has been concluded.2273

       The director, upon the director's own initiative and prior to2274
the purchase of an agricultural easement under division (A)(1) of2275
this section or the extinguishment of such an easement, may hold2276
an informational meeting with the board of county commissioners2277
and the legislative authority of the municipal corporation or2278
board of township trustees in which land that would be affected by2279
the proposed acquisition or extinguishment is located, to respond2280
to any questions and concerns of the board or authority regarding2281
the proposed acquisition or extinguishment.2282

       (B)(1) Subject to division (E)(F) of this section, the2283
legislative authority of a municipal corporation, board of county2284
commissioners of a county, or board of trustees of a township,2285
with moneys in the political subdivision's general fund not2286
required by law or charter to be used for other specified purposes2287
or with moneys in a special fund of the political subdivision to2288
be used for the purchase of agricultural easements, may purchase2289
agricultural easements in the name of the municipal corporation,2290
county, or township.2291

       (2) Subject to division (E)(F) of this section, the 2292
legislative authority of a municipal corporation, board of county2293
commissioners of a county, or board of township trustees of a2294
township may acquire agricultural easements by gift, devise, or2295
bequest. Any terms may be included in an agricultural easement so2296
acquired that are necessary or appropriate to preserve on behalf2297
of the grantor of the easement the favorable tax consequences of2298
the gift, devise, or bequest under the "Internal Revenue Act of2299
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.2300

       (C)(1) Subject to division (F) of this section, the board of2301
supervisors of a soil and water conservation district, with moneys2302
in any fund not required by law to be used for other specified2303
purposes or with moneys provided to the board through matching2304
grants made under section 901.22 of the Revised Code for the2305
purchase of agricultural easements, may purchase agricultural2306
easements in the name of the board.2307

        (2) Subject to division (F) of this section, the board of2308
supervisors of a soil and water conservation district may acquire2309
agricultural easements by gift, devise, or bequest. Any terms may2310
be included in an agricultural easement so acquired that are2311
necessary or appropriate to preserve on behalf of the grantor of2312
the easement the favorable tax consequences of the gift, devise,2313
or bequest under the "Internal Revenue Act of 1986," 100 Stat.2314
2085, 26 U.S.C.A. 1, as amended.2315

       (D)(1) The term of an agricultural easement purchased wholly2316
or in part with money from the agricultural easement purchase fund2317
shall be perpetual and shall run with the land.2318

       (2) The term of an agricultural easement purchased by such a2319
the legislative authority of a municipal corporation, board of2320
county commissioners of a county, board of township trustees of a2321
township, or board of supervisors of a soil and water conservation 2322
district without the use of any money from the agricultural 2323
easement purchase fund may be perpetual or for a specified period. 2324
The agricultural easement shall run with the land. The instrument 2325
conveying an agricultural easement for a specified period shall2326
include provisions specifying, at a minimum, all of the following:2327

       (a) The consideration to be paid for the easement and manner2328
of payment;2329

       (b) Whether the easement is renewable and, if so, procedures2330
for its renewal;2331

       (c) The circumstances under which the easement may be2332
extinguished;2333

       (d) The method for determining the amount of money, if any,2334
due the holder of the easement upon extinguishment and for payment2335
of that amount to the holder.2336

       (D)(E)(1) The director and each legislative authority of a2337
municipal corporation, board of county commissioners, or board of2338
township trustees, or board of supervisors of a soil and water2339
conservation district, upon acquiring an agricultural easement by2340
purchase, gift, devise, or bequest under this section or section2341
901.21 of the Revised Code, shall name an appropriate2342
administrative officer, department, or division to supervise and2343
enforce the easement. A legislative authority orof a municipal 2344
corporation, board of county commissioners, or board of township 2345
trustees may enter into a contract with the board of park 2346
commissioners of a park district established under Chapter 1545.2347
of the Revised Code, the board of park commissioners of a township 2348
park district established under section 511.18 of the Revised2349
Code, or the board of supervisors of a soil and water conservation 2350
district established under Chapter 1515. of the Revised Code2351
having territorial jurisdiction within the municipal corporation, 2352
county, or township, or with a charitable organization described 2353
in division (B) of section 5301.69 of the Revised Code, to 2354
supervise on behalf of the legislative authority or board an 2355
agricultural easement so acquired. A board of supervisors of a2356
soil and water conservation district may enter into a contract2357
with the board of park commissioners of a park district2358
established under Chapter 1545. of the Revised Code or the board2359
of park commissioners of a township park district established2360
under section 511.18 of the Revised Code having territorial2361
jurisdiction within the soil and water conservation district, or2362
with a charitable organization described in division (B) of2363
section 5301.69 of the Revised Code, to supervise on behalf of the2364
board an agricultural easement so acquired. The contract may be 2365
entered into on such terms as are agreeable to the parties and 2366
shall specify or prescribe a method for determining the amounts of 2367
any payments to be made by the legislative authority or, board of 2368
county commissioners or, board of township trustees, or board of 2369
supervisors for the performance of the contract.2370

       (2) With respect to an agricultural easement purchased with a 2371
matching grant that is made under division (D) of section 901.222372
of the Revised Code and that consists in whole or in part of2373
moneys from the clean Ohio agricultural easement fund created in2374
section 901.21 of the Revised Code, the recipient of the matching2375
grant shall make an annual monitoring visit to the land that is2376
the subject of the easement. The purpose of the visit is to ensure2377
that no development that is prohibited by the terms of the2378
easement has occurred or is occurring. In accordance with rules2379
adopted under division (A)(1)(d) of section 901.22 of the Revised2380
Code, the grant recipient shall prepare a written annual2381
monitoring report and submit it to the office of farmland2382
preservation in the department of agriculture. If necessary to2383
enforce the terms of the easement, the grant recipient shall take2384
corrective action in accordance with those rules. The director may2385
agree to share these monitoring and enforcement responsibilities2386
with the grant recipient.2387

       (E)(F) The director; a municipal corporation, county, or2388
township, or soil and water conservation district; or a charitable 2389
organization described in division (B) of section 5301.69 of the 2390
Revised Code, may acquire agricultural easements by purchase,2391
gift, devise, or bequest only on land that is valued for purposes 2392
of real property taxation at its current value for agricultural 2393
use under section 5713.31 of the Revised Code or that constitutes 2394
a homestead when the easement is granted.2395

       (F)(G) An agricultural easement acquired by the director 2396
under division (A) of this section may be extinguished if an 2397
unexpected change in the conditions of or surrounding the land 2398
that is subject to the easement makes impossible or impractical 2399
the continued use of the land for the purposes described in the2400
agricultural easement, or if the requirements of the easement are2401
extinguished by judicial proceedings. Upon the sale, exchange, or2402
involuntary conversion of the land subject to the easement, the2403
director shall be paid an amount of money that is at least equal2404
to the proportionate value of the easement compared to the total2405
value of the land at the time the easement was acquired. Moneys so 2406
received shall be credited to the agricultural easement purchase 2407
fund.2408

       An agricultural easement acquired by a municipal corporation,2409
county, or township under division (B) of this section or by a 2410
soil and water conservation district under division (C) of this 2411
section may be extinguished under the circumstances prescribed, 2412
and in accordance with the terms and conditions set forth, in the2413
instrument conveying the agricultural easement. An agricultural 2414
easement acquired by a charitable organization described in 2415
division (B) of section 5301.69 of the Revised Code may be 2416
extinguished under the circumstances prescribed, and in accordance 2417
with the terms and conditions set forth, in the instrument 2418
conveying the agricultural easement.2419

       Any instrument extinguishing an agricultural easement shall2420
be executed and recorded in the same manner as other instruments2421
conveying or terminating interests in real property.2422

       (G)(H) Promptly after the recording and indexing of an2423
instrument conveying an agricultural easement to any person or to2424
a municipal corporation, county, or township, or soil and water 2425
conservation district or of an instrument extinguishing an 2426
agricultural easement held by any person or such a political 2427
subdivision, the county recorder shall mail, by regular mail, a 2428
photocopy of the instrument to the office of farmland preservation 2429
in the department of agriculture. The photocopy shall be2430
accompanied by an invoice for the applicable fee established in 2431
section 317.32 of the Revised Code. Promptly after receiving the 2432
photocopy and invoice, the office of farmland preservation shall 2433
remit the fee to the county recorder.2434

       (H)(I) The director, the legislative authority of a municipal2435
corporation, a board of county commissioners, or a board of2436
township trustees, or a board of supervisors of a soil and water 2437
conservation district may receive and expend grants from any 2438
public or private source for the purpose of purchasing2439
agricultural easements and supervising and enforcing them.2440

       Sec. 6131.23.  The assessments estimated in accordance with2441
section 6131.14 of the Revised Code shall be payable in not less2442
than two semiannual installments. At the time of the final2443
hearing, in the order approving the levying of the assessments,2444
the board of county commissioners shall determine how long a2445
period of time, in semiannual installments, as taxes are paid,2446
shall be given the owners of land benefited to pay the assessments 2447
that are made for an improvement and whether or not bonds or notes 2448
shall be issued and sold in anticipation of such payments. If 2449
bonds or notes are to be issued, the interest shall be added to 2450
the assessments. If the estimated cost of the improvement does not 2451
exceed five hundred dollars, not more than two semiannual 2452
installments, as taxes are paid, shall be given to owners of lands 2453
benefited to pay the assessments that are made for the 2454
improvement. If the estimated cost of the improvement exceeds five 2455
hundred dollars, the board may determine the number of 2456
installments in which the assessments are to be paid. If any such 2457
assessment is twenty-five dollars or less, or whenever the unpaid 2458
balance of any such assessment is twenty-five dollars or less, the 2459
same shall be paid in full, and not in installments, at the time 2460
the first or next installment would otherwise become due.2461

       When assessments are payable in installments and county2462
general funds are used to pay for the improvement, the assessment2463
shall not exceed ten semiannual installments, as computed by the2464
county auditor pursuant to section 6131.49 of the Revised Code,2465
and shall be payable upon completion of the contract.2466

       When assessments are made payable in installments and bonds2467
or notes have been sold to pay for the improvement, interest shall 2468
be added to the installments of assessments at the same rate as is 2469
drawn by the bonds or notes issued to pay for the improvements. 2470
Any owner may pay the estimated assessments on histhe owner's2471
land in cash within thirty days after the final hearing without2472
paying any interest thereon. If the legislative authority of a2473
political subdivision chooses to pay the assessments on all2474
parcels within the subdivision, both public and private, in one2475
installment, it shall pass a resolution so stating and shall send2476
the resolution, or a copy thereof, to the board of county2477
commissioners before making the payment. The legislative authority 2478
shall pay all subsequent maintenance assessments levied under 2479
section 6137.03 of the Revised Code if it chooses to pay the 2480
construction assessments on all parcels within the subdivision.2481

       Bonds may be sold for any repayment period that the board of 2482
county commissioners may determine proper, not to exceed sixteen 2483
semiannual installments, except that for bonds sold by a board of 2484
county commissioners for soil and water conservation district 2485
improvements pursuant to section 1515.24 of the Revised Code, the 2486
repayment period shall not exceed thirty semiannual installments.2487

       Section 2.  That existing sections 183.12, 317.32, 505.101, 2488
901.21, 901.22, 917.01, 917.02, 917.031, 917.09, 917.091, 917.19, 2489
917.22, 918.01, 918.02, 918.08, 918.11, 918.25, 918.28, 921.06, 2490
921.23, 955.51, 955.52, 955.53, 1515.01, 1515.14, 1515.21, 2491
1515.24, 3707.38, 3715.65, 5301.68, 5301.691, and 6131.23 and 2492
section        Sec. 1515.20.  of the Revised Code are hereby repealed.2493