Section 1. That sections 317.32, 505.101, 901.21, 901.22, | 16 |
917.01, 917.02, 917.031, 917.09, 917.091, 917.19, 917.22, 918.01, | 17 |
918.02, 918.08, 918.11, 918.25, 918.28, 955.51, 955.52, 955.53, | 18 |
3707.38, 3715.65, 5301.68, and 5301.691 of the Revised Code be | 19 |
amended to read as follows: | 20 |
(A) For recording and indexing an instrument when the | 25 |
photocopy or any similar process is employed, a base fee of | 26 |
fourteen dollars
for
the first two pages and a housing trust fund | 27 |
fee of fourteen dollars, and a base fee of four dollars and a | 28 |
housing trust fund fee of four dollars for each subsequent
page, | 29 |
size eight and one-half inches by fourteen inches, or
fraction of | 30 |
a page, including the caption page, of such
instrument; | 31 |
(B) For certifying a photocopy from the record previously | 32 |
recorded, a base fee of one dollar and a housing trust fund fee of | 33 |
one dollar per page, size eight and one-half inches by
fourteen | 34 |
inches, or fraction of a page; for each certification
where the | 35 |
recorder's seal is required, except as to instruments
issued by | 36 |
the armed forces of the United States, a base fee of fifty cents | 37 |
and a housing trust fund fee of fifty cents; | 38 |
(E) For indexing in the real estate mortgage records, | 48 |
pursuant to
section
1309.519 of
the
Revised Code,
financing | 49 |
statements covering crops growing or to be
grown,
timber to be | 50 |
cut, minerals or the like, including oil and
gas,
accounts subject | 51 |
to
section
1309.301
of the
Revised Code, or fixture filings made | 52 |
pursuant to section
1309.334
of the Revised Code, a base fee of | 53 |
two dollars and a housing trust fund fee of two dollars for
each | 54 |
name
indexed; | 55 |
(J) For local facsimile transmission of a document, a base | 76 |
fee of one
dollar and a housing trust fund fee of one dollar per | 77 |
page, size eight and one-half inches by fourteen
inches, or | 78 |
fraction thereof; for long distance facsimile
transmission of a | 79 |
document, a base fee of two dollars and a housing trust fund fee | 80 |
of two dollars per page, size eight and
one-half inches by | 81 |
fourteen inches, or fraction thereof; | 82 |
In any county in which the recorder employs the photostatic | 90 |
or any similar process for recording maps, plats, or prints the | 91 |
recorder
shall determine, charge, and collect for the recording or | 92 |
rerecording of any map, plat, or print, a base fee of five cents | 93 |
and a housing trust fund fee of five cents per
square inch, for | 94 |
each square inch of the map, plat, or print
filed
for that | 95 |
recording or rerecording, with a minimum base fee of
twenty | 96 |
dollars and a minimum housing trust fund fee of twenty dollars; | 97 |
for certifying a copy from the record, a base fee of
two cents
and | 98 |
a housing trust fund fee of two cents per square inch of the | 99 |
record, with a minimum base fee of
two dollars and a minimum | 100 |
housing trust fund fee of two dollars. | 101 |
The fees provided in this section shall be paid upon the | 102 |
presentation of the instruments for record or upon the
application | 103 |
for any certified copy of the record, except
that the payment of | 104 |
fees
associated with the filing and recording of, or the copying | 105 |
of,
notices of internal revenue tax liens and notices of other | 106 |
liens
in favor of the United States as described in division (A) | 107 |
of
section 317.09 of the Revised Code and certificates of | 108 |
discharge
or release of those liens, shall be
governed by section | 109 |
317.09 of the Revised Code, and the payment of
fees for
providing | 110 |
copies of instruments conveying or extinguishing agricultural | 111 |
easements to the office of farmland preservation in the department | 112 |
of agriculture under division
(G)(H) of section 5301.691 of the | 113 |
Revised Code shall be governed by
that
division. | 114 |
Sec. 505.101. The board of township trustees of any
township | 115 |
may, by resolution, enter into a contract, without
advertising or | 116 |
bidding, for the purchase or sale of materials,
equipment, or | 117 |
supplies from or to any department, agency, or
political | 118 |
subdivision of the state, for the purchase of services with a soil | 119 |
and water conservation district established under Chapter 1515. of | 120 |
the Revised Code, or for the purchase of
supplies, services, | 121 |
materials, and equipment with a regional
planning commission | 122 |
pursuant to division (D) of section 713.23 of
the Revised Code. | 123 |
The resolution shall: | 124 |
(B) The director of agriculture may acquire real property | 145 |
used
predominantly in agriculture and agricultural easements by | 146 |
gift, devise, or bequest if, at the time an easement is granted, | 147 |
such
an easement is on land that is
valued for
purposes of real | 148 |
property taxation at its current value
for
agricultural use
under | 149 |
section 5713.31 of the Revised Code
or that constitutes a | 150 |
homestead.
Any
terms may be included in an
agricultural
easement | 151 |
so acquired that
are necessary or
appropriate to
preserve on | 152 |
behalf of the grantor
of the easement
the favorable
tax | 153 |
consequences of the gift,
devise, or bequest
under the
"Internal | 154 |
Revenue Act of 1986," 100
Stat. 2085, 26
U.S.C.A. 1, as amended. | 155 |
The director, by any such
means
or by
purchase or lease, may | 156 |
acquire, or acquire
the use of,
stationary
personal property or | 157 |
equipment that is located on land
acquired in
fee by the director | 158 |
under this section and that is
necessary or
appropriate for the | 159 |
use of the land predominantly in
agriculture. | 160 |
(C) The director may do
all things necessary or appropriate | 161 |
to retain the use of real property
acquired
in fee under
division | 162 |
(B) of this section
predominantly in agriculture, including, | 163 |
without limitation,
performing any of the activities described in | 164 |
division (A)(1) or (2)
of section 5713.30 of
the Revised Code or | 165 |
entering into contracts
to lease or rent the real property so | 166 |
acquired to persons or
governmental entities that will use the | 167 |
land predominantly in
agriculture. | 168 |
(E) There is hereby
created in the state treasury the | 179 |
agricultural
easement purchase fund. The fund shall consist of
the | 180 |
proceeds
received from the sale of real and personal property | 181 |
under
division (D) of this section;
moneys received due to the | 182 |
extinguishment of agricultural
easements acquired by the director | 183 |
under division
(B) of this section or section
5301.691 of the | 184 |
Revised
Code; moneys received due to
the extinguishment of | 185 |
agricultural easements
purchased with the assistance of matching | 186 |
grants made under
section 901.22 of the Revised
Code; gifts, | 187 |
bequests, devises,
and contributions received by the director for | 188 |
the purpose of
acquiring agricultural easements; and grants | 189 |
received from
public or private
sources for the purpose of | 190 |
purchasing
agricultural easements. The
fund shall
be administered | 191 |
by the
director, and moneys in the fund
shall be
used by the | 192 |
director
exclusively to purchase
agricultural
easements under | 193 |
division
(A)
of section 5301.691 of the
Revised
Code and provide | 194 |
matching
grants
under section 901.22 of the
Revised Code to | 195 |
municipal
corporations, counties,
townships, soil and water | 196 |
conservation districts established under Chapter 1515. of the | 197 |
Revised Code, and
charitable
organizations described in division | 198 |
(B) of section 5301.69 of the Revised Code for
the purchase of | 199 |
agricultural
easements. Money
in the fund
shall be
used only
to | 200 |
purchase
agricultural easements
on
land that
is
valued for | 201 |
purposes of real
property taxation at
its current
value
for | 202 |
agricultural use under
section 5713.31 of
the Revised
Code
or
that | 203 |
constitutes a homestead when the
easement
is
purchased. | 204 |
(F) There is hereby created in
the state treasury the clean | 205 |
Ohio agricultural easement fund.
Twelve and one-half per cent of | 206 |
net proceeds of obligations issued
and sold pursuant to sections | 207 |
151.01 and 151.09 of the Revised
Code shall be deposited into the | 208 |
fund. The fund shall be used by the
director for the purposes of | 209 |
sections
901.21 andthis section, section 901.22 of the Revised | 210 |
Code, and the
provisions of sections 5301.67
to
5301.70 of the | 211 |
Revised Code
governing agricultural easements.
Investment earnings | 212 |
of the fund
shall be credited to the fund and may be used to pay | 213 |
costs
incurred by
the director in administering those sections and | 214 |
provisions. | 215 |
(1) Establish procedures and eligibility criteria for
making | 223 |
matching grants to municipal corporations, counties,
townships, | 224 |
soil and water conservation districts established under Chapter | 225 |
1515. of the Revised Code, and charitable organizations described | 226 |
in division (B) of
section
5301.69 of the Revised Code for the | 227 |
purchase of agricultural
easements.
With respect to agricultural | 228 |
easements that are
purchased or proposed to be purchased with such | 229 |
matching grants
that consist in whole or in part of moneys from | 230 |
the clean Ohio
agricultural easement fund created in section | 231 |
901.21 of the
Revised Code,
the rules
shall establish all of the | 232 |
following: | 233 |
(b) A ranking system for applications for the matching
grants | 243 |
that is based on the soil type, proximity of the land or
other | 244 |
land that is conducive to agriculture as defined by rules
adopted | 245 |
under this section and that
is the subject of an
application to | 246 |
other agricultural land or other land that is
conducive to | 247 |
agriculture as defined by rules adopted under this
section and | 248 |
that
is already or is in
the process of becoming
permanently | 249 |
protected
from development,
farm stewardship,
development | 250 |
pressure, and, if
applicable, a
local comprehensive
land
use plan | 251 |
involved with a
proposed
agricultural easement. The
rules shall | 252 |
require that
preference be
given to proposed
agricultural | 253 |
easements that
involve the greatest
proportion of all
of the | 254 |
following: | 255 |
(ii) Land that is adjacent to or that is in close
proximity | 258 |
to other agricultural land or other land that is
conducive to | 259 |
agriculture as defined by rules adopted under this
section and | 260 |
that is already or is in the
process of becoming
permanently | 261 |
protected from development, by
agricultural easement
or otherwise, | 262 |
so that a buffer would exist
between the land
involving the | 263 |
proposed agricultural easement and
areas that have
been developed | 264 |
or likely will be developed for
purposes other than
agriculture; | 265 |
(d) Requirements regarding the information that must be | 275 |
included in the annual monitoring report that must be prepared for | 276 |
an agricultural easement under division (D)(E)(2) of section | 277 |
5301.691
of the Revised Code, procedures for submitting a copy of | 278 |
the
report to the office of farmland preservation in the | 279 |
department of
agriculture, and requirements and procedures | 280 |
governing corrective
actions that may be necessary to enforce the | 281 |
terms of the
agricultural easement. | 282 |
(2) Establish provisions that shall be included in the | 283 |
instrument conveying to a municipal corporation, county,
township, | 284 |
soil and water conservation district, or charitable organization | 285 |
any agricultural easement purchased
with
matching grant funds | 286 |
provided by the director under this
section, including, without | 287 |
limitation,
all of the following
provisions: | 288 |
(c) A provision requiring that, upon receipt of the
portion | 300 |
of the proceeds of a sale, exchange, or involuntary
conversion | 301 |
described in division (A)(2)(b)
of this section, the municipal | 302 |
corporation, county,
township, soil and water conservation | 303 |
district, or charitable organization remit to
the director an | 304 |
amount of money
equal to the percentage of the
cost
of purchasing | 305 |
the easement it received as a
matching grant
under this section. | 306 |
(3)
Establish a provision that provides a charitable | 311 |
organization described in division (B) of section 5301.69 of the | 312 |
Revised Code, municipal corporation, township, or county, or soil | 313 |
and water conservation district with the
option of purchasing | 314 |
agricultural easements either in installments
or with a lump sum | 315 |
payment. The rules shall include a requirement
that a charitable | 316 |
organization, municipal corporation, township,
or county, or soil | 317 |
and water conservation district negotiate with the seller of the | 318 |
agricultural easement
concerning any installment payment terms, | 319 |
including the dates and
amounts of payments and the interest rate | 320 |
on the outstanding
balance. The rules also shall require the | 321 |
director to approve any
method of payment that is undertaken in | 322 |
accordance with the rules
adopted under division (A)(3) of this | 323 |
section. | 324 |
(D)(1) The director may
make matching grants from the | 342 |
agricultural
easement purchase fund
and the clean Ohio | 343 |
agricultural
easement fund to municipal corporations,
counties, | 344 |
townships, soil and water conservation districts, and
charitable | 345 |
organizations described in division
(B)
of section
5301.69 of the | 346 |
Revised Code, to assist those political
subdivisions and | 347 |
charitable organizations
in purchasing
agricultural easements. | 348 |
Application
for a matching grant shall be
made on forms prescribed | 349 |
and
provided by the director. The
matching grants shall be made in | 350 |
compliance with the criteria and
procedures established in rules | 351 |
adopted under this section.
Instruments conveying
agricultural | 352 |
easements purchased with
matching grant funds provided under
this | 353 |
section, at a minimum,
shall include the mandatory
provisions set | 354 |
forth in those rules. | 355 |
Matching grants made under this division using moneys from | 356 |
the clean Ohio agricultural easement fund created in section | 357 |
901.21 of the
Revised
Code may provide up to seventy-five per cent | 358 |
of the value
of an
agricultural easement as determined by a | 359 |
general real estate
appraiser who is certified under Chapter 4763. | 360 |
of the Revised
Code or as determined through a points-based | 361 |
appraisal system established under division (D)(2) of this | 362 |
section. Not less than twenty-five per cent of the
value of the | 363 |
agricultural easement shall be provided by the
recipient of the | 364 |
matching grant or donated by the person who is
transferring the | 365 |
easement to the grant recipient. The amount of
such a matching | 366 |
grant used for the purchase of a single
agricultural easement | 367 |
shall not exceed one million dollars. | 368 |
(F)(1) The director shall monitor and evaluate the | 403 |
effectiveness
and efficiency of the agricultural easement program | 404 |
as a farmland preservation
tool. On or before July 1, 1999, and | 405 |
the first day of July
of each year thereafter, the director shall | 406 |
prepare and submit a report to the
chairpersons of the standing | 407 |
committees of the senate and the house of
representatives that | 408 |
consider legislation regarding agriculture. The report
shall | 409 |
consider and address the following criteria to determine the | 410 |
program's
effectiveness: | 411 |
(D) "Dealer" or "milk dealer" means a
person who purchases or | 447 |
receives milk
from a producer for
the purpose
of bottling, | 448 |
packaging, selling, processing,
jobbing, brokering, or | 449 |
distributing the milk
except
where the milk is disposed of in the | 450 |
same
container in which it is
received, without removal from the | 451 |
container and without
processing in any
way except by necessary | 452 |
refrigeration. Any person who buys and distributes
milk in | 453 |
containers under the person's own label is a dealer. | 454 |
(L) "Grade A milk products" means products
derived from grade | 483 |
A milk and
having the standard of identity, quality, strength, | 484 |
purity,
grade, and, if added, permitted optional ingredients found | 485 |
in the standards of identity established for the products in
rules | 486 |
adopted by the director under section 917.02 or
3715.02 of the | 487 |
Revised
Code, and includes: | 488 |
(Q) "Grade A milk plant" means a place,
including a | 518 |
governmental operation, where grade A milk or a grade A milk | 519 |
product is collected,
handled, controlled, processed, stored, | 520 |
pasteurized,
ultra-pasteurized, repasteurized, aseptically | 521 |
processed,
bottled, or prepared for distribution, but does not | 522 |
include a place where a
grade A milk product is purchased in | 523 |
packaged form and is stored and
handled for the sole purpose of | 524 |
sale to the ultimate consumer. | 525 |
(R) "Manufacture milk
plant" means a place, including a | 526 |
governmental operation, where
manufacture milk or a manufactured | 527 |
milk product is collected,
handled, controlled, manufactured, | 528 |
processed, stored,
pasteurized, ultra-pasteurized, repasteurized, | 529 |
commercially
sterilized, aseptically processed, bottled, or | 530 |
prepared for
distribution, but does not include a place where a | 531 |
manufactured
milk product is purchased in packaged form and is | 532 |
stored and
handled for the sole purpose of sale to the ultimate | 533 |
consumer. | 534 |
The milk sanitation board, after reviewing the director's | 674 |
annual report required under division
(G)(A)(7) of section 917.02 | 675 |
of the
Revised
Code, shall prescribe
inspection fees for milk | 676 |
producers and milk processors, and may
prescribe inspection fees | 677 |
for milk producers and milk haulers, except that no
inspection | 678 |
fees shall be prescribed for manufacture milk
producers, | 679 |
processors, or haulers until on or after
July 1, 1998. The board | 680 |
may
modify any fees it has prescribed. The fees prescribed or | 681 |
modified by the board together with the license fees collected | 682 |
pursuant to this chapter shall not exceed sixty-three per cent
of | 683 |
the estimated cost of administering and enforcing
this chapter, as | 684 |
determined by the
board's review of the director's annual report. | 685 |
The person claiming the exemption from licensure shall | 742 |
register on a form prescribed by the director and shall meet any | 743 |
other registration requirements contained in rules adopted under | 744 |
section 917.02 of the Revised
Code. Upon receiving the
person's | 745 |
registration form and determining that the person has
satisfied | 746 |
all requirements for registration, the director shall
notify the | 747 |
person that the person is registered to lawfully
operate as a | 748 |
producer; processor; milk dealer; raw milk
retailer; weigher, | 749 |
sampler, or tester; or milk hauler. | 750 |
A registrant is subject to all provisions governing | 751 |
licensees, such as provisions concerning testing, sampling, and | 752 |
inspection of dairy products. A registrant is subject to | 753 |
provisions governing issuance of a temporary weigher, sampler,
or | 754 |
tester license under section 917.091 of the
Revised
Code. A | 755 |
registration shall be
renewed, suspended, and revoked under the | 756 |
same terms as a
license. | 757 |
Sec. 917.091. The director of agriculture may issue a | 758 |
temporary weigher, sampler, or tester license to an applicant
upon | 759 |
determining that the applicant has met all qualifications
for | 760 |
licensure under section 917.09 of the
Revised
Code except | 761 |
successful
completion of an examination. A temporary weigher, | 762 |
sampler, or
tester license is effective only untilfor ninety days | 763 |
from the date
of the next examinationissuance. An applicant who | 764 |
has not taken an
examination for licensure may receive no more | 765 |
than three
temporary weigher, sampler, or tester licenses. An | 766 |
applicant
who takes and fails an examination for licensure may | 767 |
receive no
more than two temporary weigher, sampler, or tester | 768 |
licenses. | 769 |
Sec. 917.22. (A)(1) The
director of agriculture may deny, | 794 |
suspend, or revoke a license issued under this chapter for a | 795 |
violation of this chapter or
the rules adopted under it. Except as | 796 |
provided in division
(A)(2) of this section, the
denial, | 797 |
suspension, or revocation of a license is not effective
until the | 798 |
licensee is given written notice of the violation, a
reasonable | 799 |
amount of time to correct the violation, and an
opportunity for a | 800 |
hearing. | 801 |
(2) If the director determines that a dairy product | 802 |
constitutes adulterated food as described in section 3715.59 of | 803 |
the Revised
Code or exceeds bacterial or
chemical standards | 804 |
established by rules adopted under this
chapter, or that an | 805 |
emergency exists that presents a clear and
present danger to the | 806 |
public health, the director may deny,
suspend, or revoke a | 807 |
license, effective immediately without a
hearing, provided that an | 808 |
opportunity for a hearing shall be
afforded thereafter without | 809 |
delay. | 810 |
(4) The director shall not postpone or continue an | 826 |
adjudication hearing without the consent of the licensee. If
the | 827 |
licensee requests a postponement or continuation of an | 828 |
adjudication hearing, the director shall not grant it unless the | 829 |
licensee demonstrates that an extreme hardship will be incurred
in | 830 |
holding the adjudication hearing on that hearing date. If the | 831 |
director
grants a
postponement or continuation on the grounds of | 832 |
extreme
hardship to the licensee, the record shall document the | 833 |
nature
and cause of the extreme hardship. | 834 |
(P) "Retail dealer" or "retail butcher" means any place of | 922 |
business where the sales of products are made to consumers only, | 923 |
at least seventy-five per cent of the total dollar value of sales | 924 |
of products represents sales to household consumers, and the
sales | 925 |
of products to consumers other than household consumers
doesdo | 926 |
not exceed twenty-eight thousand eight hundred dollars per
year | 927 |
the adjusted dollars limitation for annual retail sales published | 928 |
in the Federal Register by the food safety and inspection service | 929 |
in the United States department of agriculture. | 930 |
On the first day of March in any
year in which an adjustment | 931 |
is made, and whenever the change
exceeds five hundred dollars, the | 932 |
director shall
adjust the then current ceiling based upon the | 933 |
change in the
price of the volume of products whose total price is | 934 |
equal to the
then current ceiling. The adjustment shall be equal | 935 |
to the total
dollar change in price of the same volume of products | 936 |
between the
most recently completed calendar year and the next | 937 |
preceding
calendar year as measured by changes in the United | 938 |
States
department of labor's national consumer price index for | 939 |
those
periods of time. | 940 |
Sec. 918.02. (A) The director of agriculture, or the | 941 |
director's designee, shall provide ante-mortem inspections of all | 942 |
animals
slaughtered at establishments licensed under division (A) | 943 |
of section 918.08 of
the Revised Code where and to the extent the | 944 |
director
considers it necessary. If, upon
inspection, symptoms of | 945 |
disease or other abnormal conditions
that would render the
animals | 946 |
unfit for human food are
found,
those animals shall be
retained or | 947 |
permanently and conspicuously
identified with an
official mark | 948 |
indicating they have been
condemned and shall be
disposed of in a | 949 |
manner prescribed by the
director. | 950 |
(B) The director shall provide post-mortem inspection to
the | 951 |
extent the director considers necessary of all animals
for human | 952 |
food in establishments licensed under division (A) of section | 953 |
918.08
of the Revised Code. The head, tongue, tail, viscera, and | 954 |
other
parts, and blood used in the preparation of meat products or | 955 |
medicinal products shall be retained in such a manner as to | 956 |
preserve their identity until the post-mortem examination has
been | 957 |
completed. Wholesome carcasses shall be identified with an | 958 |
official mark indicating they have been approved. Each
unwholesome | 959 |
carcass shall be marked conspicuously by the
inspector
at the time | 960 |
of inspection with an official mark
indicating the
carcass has | 961 |
been condemned, and all carcasses
and parts
thereof
thus inspected | 962 |
and condemned shall be destroyed for food
purposes
by the | 963 |
establishment in the presence of an inspector.
If any
carcass or | 964 |
any part thereof, upon examination and
inspection
subsequent to | 965 |
the first examination and inspection, is
found to be
adulterated, | 966 |
it shall be destroyed for food purposes
by the
establishment in | 967 |
the presence of an inspector. All
unborn or
stillborn animals | 968 |
shall be condemned. Carcasses of
animals that
have died by means | 969 |
other than slaughter shall not
be brought into
any room in which | 970 |
meat products are processed,
handled, or stored. | 971 |
(D) Establishments licensed under section 918.08 of the | 979 |
Revised Code shall furnish satisfactory facilities and assistance | 980 |
for ante-mortem and post-mortem inspections as required by the | 981 |
director. The director may require operations at the | 982 |
establishments to be
conducted during reasonable hours. Licensees | 983 |
shall inform the director in advance of intended hours of | 984 |
operation. When one inspector is assigned to make inspections at | 985 |
two or more establishments where few animals are slaughtered, or | 986 |
where small quantities of meat products are prepared, the
director | 987 |
may designate the hours of the day and the days of the
week during | 988 |
which the establishment may be operated. No person
shall deny | 989 |
access to any authorized inspector upon the
presentation of proper | 990 |
identification at any reasonable time to
such establishments and | 991 |
to records pertaining to the source and
sale of carcasses and meat | 992 |
products.
The director shall adopt rules
in accordance with | 993 |
Chapter 119.
of the Revised Code establishing the rate at which an | 994 |
establishment shall reimburse the
division
of
meat inspection for | 995 |
inspection services of more than eight hours in any given
day, of | 996 |
more than forty hours in any given week Sunday through
Saturday, | 997 |
or on any holiday as specified in division (A) of
section 124.19 | 998 |
of the Revised Code. | 999 |
(F) All carcasses, parts thereof, and meat products
inspected | 1006 |
at any establishment under the authority of this
chapter
and found | 1007 |
to be not adulterated, at the time they
leave the
establishment, | 1008 |
shall bear, in distinctly legible forms directly
theronthereon or | 1009 |
on their containers, appropriate labeling as
the
director may | 1010 |
require in accordance with rules adopted under this
chapter.
No | 1011 |
article subject to this
chapter shall be sold or
offered for sale | 1012 |
by any person, under
any names or labeling that
is false or | 1013 |
misleading. | 1014 |
(G) The director shall adopt and enforce
sanitation rules | 1015 |
pursuant to this chapter,
under which establishments shall be | 1016 |
maintained. Where the
sanitary conditions of any such | 1017 |
establishment are such that the
meat product is rendered | 1018 |
adulterated, the product shall be
retained and not allowed to be | 1019 |
labeled with an official mark.
The rules pertaining to sanitary | 1020 |
conditions shall conform with the
sanitation standard operating | 1021 |
procedures established in Title 9 of
the Code of Federal | 1022 |
Regulations and shall require
that an establishment be evaluated | 1023 |
by determining its compliance with those
procedures. In addition, | 1024 |
the rules shall require that if an establishment
does not have a | 1025 |
plan for a particular production process under its hazard
analysis | 1026 |
critical control point systemplan as required in rules, the meat | 1027 |
product
of the process may be considered to be adulterated and | 1028 |
shall be retained
pending a production process review and not | 1029 |
allowed to be labeled with an
official mark. | 1030 |
Sec. 918.08. (A) Except as provided in division
(E)(F) of | 1031 |
this
section, no
person shall operate an establishment
without | 1032 |
first
licensing the establishment with the department
of | 1033 |
agriculture.
The owner of an establishment desiring
a license with | 1034 |
the
department may make
application therefor on forms provided by | 1035 |
the
department. If
after inspection the director of agriculture | 1036 |
finds
that an
establishment is in compliance with this chapter and | 1037 |
rules adopted under it,
the
director shall notify the owner of the | 1038 |
establishment and, upon
receipt of the required license fee, the | 1039 |
establishment
shall be
permitted to operate. However, if after | 1040 |
inspection the director finds that an establishment is not in | 1041 |
compliance with this chapter and rules adopted under it, the | 1042 |
director shall deny the license application. The applicant may | 1043 |
appeal the denial of the license application in accordance with | 1044 |
Chapter 119. of the Revised Code. The license shall expire | 1045 |
annually on the
thirty-first day of March and, if the director | 1046 |
finds that the establishment is in compliance with this chapter | 1047 |
and rules adopted under it, shall be renewed
according to the | 1048 |
standard renewal procedure of sections 4745.01
to 4745.03 of the | 1049 |
Revised Code. | 1050 |
(C) If after inspection the director determines that an | 1055 |
establishment
licensed under division (A) of this section is | 1056 |
operating in
violation of this chapter or the rules adopted | 1057 |
thereunder, the
director shall notify the licensee in
writing of | 1058 |
the violation and
give the licensee ten days from
the date of | 1059 |
notice to cease or
correct the conditions causing the violation. | 1060 |
If
the conditions causing the violation continuescontinue after | 1061 |
the
expiration of the ten-day
period, the director may withdraw | 1062 |
inspection and order the establishment to
cease those operations | 1063 |
subject to this chapter. Any such order and the
appeal therefrom | 1064 |
shall be governed bydo either of the following: | 1065 |
(D)(1) If an inspector determines that an establishment | 1070 |
licensed under
division (A) of this section is operating in | 1071 |
violation of sections
918.01 to 918.12 of the Revised Code and | 1072 |
rules adopted under those sections, the inspector
shallmay notify | 1073 |
the
licensee in writing of the violation. The inspector | 1074 |
immediately
may impose progressive enforcement actions, including | 1075 |
withholding
the mark of inspection, suspension of inspection, and | 1076 |
suspension
of inspection
held in abeyance, and withdrawal of | 1077 |
inspection. The progressive enforcement
actions may be taken prior | 1078 |
to
affording the licensee an
opportunity for a hearing. As | 1079 |
authorized in
division (C) of
section 119.06 of the Revised Code, | 1080 |
a decision to impose ana progressive
enforcement action is | 1081 |
immediately appealable to a higher authority
within the
department | 1082 |
who is classified by the director as a
district supervisor and who | 1083 |
is designated by the director to hear
the appeal. If the district | 1084 |
supervisor
affirms the enforcement
action of the inspector, the | 1085 |
licensee may appeal the
enforcement
action in accordance with | 1086 |
chapterChapter 119. of the Revised Code. | 1087 |
(E) If in the opinion of the director the establishment is | 1094 |
being
operated under such insanitary conditions as to be a hazard | 1095 |
to public health,
or if the director determines that an | 1096 |
establishment is not in compliance
with its hazard analysis | 1097 |
critical control point systemplan as required by
rules, the | 1098 |
director
may condemn or retain the product
on hand and immediately | 1099 |
withdraw
inspection from the
establishment until the insanitary | 1100 |
conditions
are
corrected or until the establishment is in | 1101 |
compliance with its
hazard
analysis critical control point system | 1102 |
plan, as applicable. The director may take those actions prior to | 1103 |
an adjudication hearing as required under section 119.06 of the | 1104 |
Revised Code. The director subsequently shall afford a hearing | 1105 |
upon the request of the owner or operator of the establishment. | 1106 |
(G) If the director determines that the owner or operator of | 1113 |
or any person employed by an establishment licensed under division | 1114 |
(A) of this section forcibly assaulted, resisted, opposed, | 1115 |
impeded, intimidated, or interfered with any person while that | 1116 |
person was engaged in, or because of the person's performance of, | 1117 |
official duties under sections 918.01 to 918.12 of the Revised | 1118 |
Code or the rules adopted under those sections, the director | 1119 |
immediately may withdraw inspection from the establishment prior | 1120 |
to an adjudication hearing as required under section 119.06 of the | 1121 |
Revised Code. | 1122 |
Sec. 918.25. The director of agriculture shall,
in | 1144 |
accordance with Chapter 119. of the Revised Code,
adopt and | 1145 |
enforce
rules as necessary for the implementation,
administration, | 1146 |
and enforcement of sections 918.21 to 918.31 of
the
Revised Code. | 1147 |
The rules shall meet or exceed the
federal
standards for meat | 1148 |
inspection established in Title 9 of the
Code
of Federal | 1149 |
Regulations. The rules adopted
under
this section
shall provide | 1150 |
for the
protection
of the public health, safety, and
welfare and | 1151 |
for maximum
coordination and cooperation between state
and federal | 1152 |
programs
for regulation of poultry and poultry
products, and may | 1153 |
include
the following: | 1154 |
(C) Sanitary requirements for premises, facilities, and | 1160 |
equipment, for the operation thereof, and for the storage and | 1161 |
handling of poultry and poultry products in establishments | 1162 |
licensed under section 918.28 of the Revised Code.
The rules | 1163 |
pertaining to sanitary conditions shall conform with the | 1164 |
sanitation standard operating procedures in Title 9 of the
Code of | 1165 |
Federal Regulations and shall require that
an establishment be | 1166 |
evaluated by determining its compliance with those
procedures. | 1167 |
(G) Such other rules as are necessary for
the proper | 1176 |
administration, implementation, and enforcement of sections 918.21 | 1177 |
to 918.31 of the Revised Code, including rules
requiring that an | 1178 |
inspection of an establishment's slaughter and processing | 1179 |
operations be conducted in accordance with the establishment's | 1180 |
hazard analysis
critical control point systemplan. In addition, | 1181 |
the
rules shall require that if
an establishment does not have a | 1182 |
plan
for a particular production process
under its hazard analysis | 1183 |
critical control point systemplan as required in rules,
the | 1184 |
poultry
product of the process may be considered to be adulterated | 1185 |
and
shall be retained pending a production process review and not | 1186 |
allowed to be
labeled with an official mark. | 1187 |
Sec. 918.28. (A) Except as provided in division (F) of | 1188 |
section 918.08 of the
Revised Code, application for a license to | 1189 |
operate an establishment shall be
made to the director of | 1190 |
agriculture on forms provided by the department of agriculture. | 1191 |
The
director
shall inspect the establishment and if, upon | 1192 |
inspection, the
establishment is found to be in compliance with | 1193 |
sections 918.21 to
918.31 of
the Revised Code,this chapter and | 1194 |
rules adopted under
it, the
director shall so
notify the owner of | 1195 |
the establishment and, upon
receipt of the annual license
fee of | 1196 |
fifty dollars, shall issue
the owner a license. However, if after | 1197 |
inspection the director finds that an establishment is not in | 1198 |
compliance with this chapter and rules adopted under it, the | 1199 |
director shall deny the license application. The applicant may | 1200 |
appeal the denial of the license application in accordance with | 1201 |
Chapter 119. of the Revised Code. The
license shall expire on the | 1202 |
thirty-first
day of March of each year and, if the director finds | 1203 |
that the establishment is in compliance with this chapter and | 1204 |
rules adopted under it, shall
be renewed according to the
standard | 1205 |
renewal procedures of sections 4745.01 to
4745.03 of the
Revised | 1206 |
Code. | 1207 |
(B) If after inspection the director determines that an | 1208 |
establishment
licensed under this
section is operating in | 1209 |
violation of sections
918.21 to 918.31 of the Revised
Code,this | 1210 |
chapter or a rule or order adopted
or madeissued under authority | 1211 |
thereof,
the
director shall notify the
licensee in writing of the | 1212 |
violation, giving
the licensee ten
days from the date of the | 1213 |
notice to correct
the conditions causing
the violation. If the | 1214 |
conditions are not corrected
within the
ten-day period, the | 1215 |
director may revokedo either of the following: | 1216 |
(C)(1) If an inspector determines that an establishment | 1221 |
licensed
under division (A) of this section is operating in | 1222 |
violation of
sections 918.21 to 918.31 of the Revised Code and | 1223 |
rules adopted under those sections, the
inspector shallmay notify | 1224 |
the
licensee in writing of the violation. The
inspector | 1225 |
immediately
may impose progressive enforcement actions, including | 1226 |
withholding
the mark of inspection, suspension of inspection, and | 1227 |
suspension
of inspection held in abeyance, and withdrawal of | 1228 |
inspection. The progressive enforcement
actions may be
taken prior | 1229 |
to affording the licensee an
opportunity for a hearing. As | 1230 |
authorized in division (C) of
section 119.06 of the Revised Code, | 1231 |
a decision to
impose ana progressive
enforcement action is | 1232 |
immediately appealable to a higher authority
within the department | 1233 |
who is classified by the director as a
district
supervisor and who | 1234 |
is designated by the director to hear
the appeal. If the
district | 1235 |
supervisor affirms the enforcement
action of the inspector, the | 1236 |
licensee may appeal the enforcement
action in accordance with | 1237 |
Chapter
119. of the Revised Code. | 1238 |
(D) If in the opinion of the director the establishment is | 1246 |
being
operated under such insanitary conditions as to be a hazard | 1247 |
to public health,
or if the director determines that an | 1248 |
establishment is not in compliance
with its hazard analysis | 1249 |
critical control point systemplan as required by
rules, the | 1250 |
director
may condemn or retain the product on hand and immediately | 1251 |
withdraw
inspection
from the plantestablishment until such time | 1252 |
as the insanitary
conditions are corrected
or until the | 1253 |
establishment is in
compliance with its hazard analysis
critical | 1254 |
control point systemplan,
as applicable. | 1255 |
(E) If the director determines that the owner or operator of | 1256 |
or any person employed by an establishment licensed under division | 1257 |
(A) of this section forcibly assaulted, resisted, opposed, | 1258 |
impeded, intimidated, or interfered with any person while that | 1259 |
person was engaged in, or because of the person's performance of, | 1260 |
official duties under sections 918.21 to 918.31 of the Revised | 1261 |
Code or the rules adopted under those sections, the director | 1262 |
immediately may withdraw inspection from the establishment prior | 1263 |
to an adjudication hearing as required under section 119.06 of the | 1264 |
Revised Code. | 1265 |
If the owner chooses to file a claim under sections 955.51 to | 1295 |
955.53 of the Revised Code, the owner shall complete a claim form | 1296 |
for indemnification in quadruplicate as prescribed by the director | 1297 |
in section 955.53 of the Revised Code and provided by the dog | 1298 |
warden. The owner may request, and the dog warden shall provide, | 1299 |
assistance in filling out the form. For the purposes of section | 1300 |
955.52 of the Revised Code, the owner shall send to the department | 1301 |
of agriculture, within thirty days after discovery of the animal, | 1302 |
the original copy of the claim form, all photographs documenting | 1303 |
the wounds of the animal, and any other pertinent facts in the | 1304 |
possession of the owner. | 1305 |
If the animal that is killed or injured is registered by an | 1306 |
accepted association or in an accepted registry, the owner shall | 1307 |
submit with the claim form that is filed with the department the | 1308 |
registration papers showing the animal's lines of breeding, age, | 1309 |
and other relevant information. If the animal is the offspring of | 1310 |
registered stock and is eligible for registration, the | 1311 |
registration papers showing the lines of breeding of the offspring | 1312 |
shall be submitted as well. | 1313 |
(C) Following notification from the owner of an animal under | 1317 |
division (B) of this section, the dog warden promptly shall | 1318 |
investigate the loss
or injury and shall determine whether or not | 1319 |
the loss
or injury was made by a coyote or a black vulture | 1320 |
predator. If the dog warden findsdetermines that the
loss or | 1321 |
injury was not made by a coyote or a black vulturepredator, the | 1322 |
owner has no claim
under sections 955.51 to 955.53 of the Revised | 1323 |
Code. If the dog
warden findsdetermines that the loss or injury | 1324 |
was made by a coyote or a black vulturepredator, the dog warden | 1325 |
promptly shall notify by telephone the wildlife officer of that | 1326 |
findingdetermination. For the purposes of section 955.52 of the | 1327 |
Revised Code, the dog warden shall send to the department the dog | 1328 |
warden's determination of whether the animal was killed or injured | 1329 |
by a predator and any other documents, testimony, or information | 1330 |
that the dog warden has received relating to the loss or injury of | 1331 |
the animal. The | 1332 |
(D) Following notification from the dog warden under division | 1333 |
(C) of this section, the
wildlife officer then shall confirm the | 1334 |
findingdetermination of the dog warden on the claim, disaffirm | 1335 |
it, or state that
the wildlife officer is
uncertain about the | 1336 |
findingdetermination. If the wildlife officer disaffirms the | 1337 |
determination of the dog warden, the owner has no claim under | 1338 |
sections 955.51 to 955.53 of the Revised Code. If the wildlife | 1339 |
officer affirms the
findingdetermination of the dog warden or | 1340 |
states that the wildlife officer is uncertain about
that finding | 1341 |
determination, the owner may proceed with a claim under sections | 1342 |
955.51 to 955.53 of the Revised Code, and the dog warden shall | 1343 |
provide the owner with duplicate copies of the claim form
provided | 1344 |
for in section 955.53 of the Revised Code and assist the owner
in | 1345 |
filling it out. The owner shall set forth the kind, grade, | 1346 |
quality, and what the owner has determined is the fair market | 1347 |
value of
the animals, fowl, or poultry, the nature and amount of | 1348 |
the loss
or injury, the place where the loss or injury occurred, | 1349 |
and all
other pertinent facts in the possession of the claimant. | 1350 |
If the
animals, fowl, or poultry die as a result of their | 1351 |
injuries,
their fair market value is the market value of uninjured | 1352 |
animals,
fowl, or poultry on the date of the death of the injured | 1353 |
animals,
fowl, or poultry. If the animals, fowl, or poultry do not | 1354 |
die as
a result of their injuries, their fair market value is | 1355 |
their
market value on the date on which they received their | 1356 |
injuries. | 1357 |
(B) If the dog warden finds all the statements that the
owner | 1358 |
made on the form to be correct and agrees with the owner as
to the | 1359 |
fair market value of the animals, fowl, or poultry, the dog warden | 1360 |
promptly shall so certify and send both copies of the form, | 1361 |
together with whatever other documents, testimony, or information
| 1362 |
the dog warden has received relating to the loss or injury, to the | 1363 |
department
of agriculture. | 1364 |
(C) If the dog warden does not find all the statements to
be | 1365 |
correct or does not agree with the owner as to the fair market | 1366 |
value, the owner may appeal to the department of agriculture for
a | 1367 |
determination of the owner's claim. In that case the owner shall | 1368 |
secure statements as to the nature and amount of the loss or | 1369 |
injury from at least two witnesses who viewed the results of the | 1370 |
killing or injury and who can testify about the results and shall | 1371 |
submit both copies of the form to the department no later than | 1372 |
twenty days after the loss or injury was discovered. The dog | 1373 |
warden shall submit to the department whatever documents, | 1374 |
testimony, and other information the dog warden has received | 1375 |
relating to the
loss or injury. The department shall receive any | 1376 |
other
information or testimony that will enable it to determine | 1377 |
the
fair market value of the animals, fowl, or poultry injured or | 1378 |
killed. | 1379 |
(D) If the animals, fowl, or poultry described in division | 1380 |
(A) of this section are registered in any accepted association or | 1381 |
registry, the owner or the owner's employee or tenant shall submit | 1382 |
with
the claim form the registration papers showing the lines of | 1383 |
breeding, age, and other relevant matters. If the animals are
the | 1384 |
offspring of registered stock and eligible for registration,
the | 1385 |
registration papers showing the breeding of the offspring
shall be | 1386 |
submittedwildlife officer shall so notify in writing the | 1387 |
department for the purposes of section 955.52 of the Revised Code. | 1388 |
Sec. 955.52. (A)(1) The department of agriculture shall hear | 1389 |
claims submitted to itthat are approved by the dog warden and | 1390 |
supported by the wildlife officer pursuant to section 955.51 of | 1391 |
the Revised
Code in the order of their filing and may allow the | 1392 |
claims in
full or in part, or may disallow any claim, as the | 1393 |
testimony
showsand information submitted under that section show | 1394 |
to be just. The department shall make the final
determination of | 1395 |
the fair market value of any animal, foul,
or poultry that is the | 1396 |
subject of a claim. The | 1397 |
If the animal that is the subject of a claim dies as a result | 1398 |
of the injuries that it received from a predator, the amount of | 1399 |
indemnity is the fair market value of the animal on the date of | 1400 |
its death. If the animal that is the subject of a claim does not | 1401 |
die as a result of the injuries that it received from a predator, | 1402 |
the amount of indemnity is the fair market value of the animal on | 1403 |
the date that it received its injuries. If the animal that is the | 1404 |
subject of a claim is registered or eligible for registration as | 1405 |
described in division (B) of section 955.51 of the Revised Code, | 1406 |
the amount of indemnity is one hundred twenty-five per cent of the | 1407 |
fair market value of the animal on the date that the animal was | 1408 |
killed or injured. If the date of death or injury of an animal | 1409 |
cannot be determined, the amount of indemnity shall be based on | 1410 |
the fair market value of the animal on the date that the animal | 1411 |
was discovered by its owner. | 1412 |
(C) The department either may assist owners in developing and | 1442 |
implementing a voluntary animal damage control plan to prevent and | 1443 |
minimize loss or injury to animals by predators or may enter into | 1444 |
an agreement with another state agency, a federal agency, or a | 1445 |
person to provide such assistance. The department may use no more | 1446 |
than fifty per cent or twenty-five thousand dollars, whichever is | 1447 |
less, of the money that is appropriated for the purposes of | 1448 |
sections 955.51 to 955.53 of the Revised Code to pay the costs | 1449 |
incurred by the department for either providing assistance under | 1450 |
this division or entering into an agreement under this division to | 1451 |
provide that assistance. | 1452 |
Sec. 955.53. All claims against the agro Ohio fund pursuant | 1458 |
tomoney appropriated from the general revenue fund for the | 1459 |
purposes of sections
955.51 and 955.52to 955.53 of the Revised | 1460 |
Code and all accompanying statements and
testimony shall be upon | 1461 |
claim forms prepared by the director of agriculture
and furnished | 1462 |
by the dog warden. The forms shall not require an affidavit, but | 1463 |
shall contain lines for the signatures of the claimant and | 1464 |
witnesses and,
immediately above those lines, the sentence, "This | 1465 |
statement is made subject
to the criminal penalties for | 1466 |
falsification provided for in section 2921.13 of
the Revised Code. | 1467 |
Sec. 3707.38. The board of health of a city or
general | 1468 |
health district may
appoint, define the duties of, and fix
the | 1469 |
compensation of the number of
inspectors of shops, wagons, | 1470 |
appliances, and food, and the
number of other persons necessary to | 1471 |
carry out
this chapter and Chapter 3717. of the Revised Code and, | 1472 |
if applicable, to carry out any duties assumed by the board
under | 1473 |
an agreement entered into under division (B)(A)(2) of section | 1474 |
917.02 of
the
Revised Code. Inspectors for those purposes may | 1475 |
enter
any
house, vehicle, or yard. The board may authorize the | 1476 |
health
commissioner
to perform the duties of the inspectors. | 1477 |
(2) If the drug is not subject to the "Federal
Food, Drug, | 1483 |
and
Cosmetic Act," the drug has been tested and found to be
safe | 1484 |
for use
under the conditions prescribed, recommended, or suggested | 1485 |
in
its
labeling, and, prior to selling the drug or offering
it for | 1486 |
sale, there has been filed with the director of agriculture an | 1487 |
application setting forth all of the following: | 1488 |
(B) An application provided for in division (A)(2) of this | 1501 |
section shall become effective sixty days after it is filed, | 1502 |
except that
if the director finds after due
notice to
the | 1503 |
applicant and after giving the applicant an opportunity
for a | 1504 |
hearing,
that the drug is not safe for use under the conditions | 1505 |
prescribed, recommended, or suggested in the drug's proposed | 1506 |
labeling, the
director shall, prior to the effective
date of the | 1507 |
application, issue an order refusing to permit the application to | 1508 |
become effective. The order may be revoked by the director. | 1509 |
Sec. 5301.68. An owner of land
may grant a conservation | 1524 |
easement to the
department of natural resources, a park district | 1525 |
created under Chapter 1545.
of the Revised Code, a township
park | 1526 |
district created under section 511.18 of
the Revised Code, a | 1527 |
conservancy district created under Chapter 6101. of the
Revised | 1528 |
Code, a soil and water conservation district created under Chapter | 1529 |
1515. of the Revised Code, a county, a township, a municipal | 1530 |
corporation, or a
charitable organization that is authorized to | 1531 |
hold conservation easements by
division (B) of section 5301.69 of | 1532 |
the Revised Code, in the form of
articles
of dedication, easement, | 1533 |
covenant, restriction, or condition. An owner of
land also may | 1534 |
grant an agricultural easement to the director of
agriculture;
to | 1535 |
a municipal corporation, county,
or township, or soil and water | 1536 |
conservation district; or to a charitable
organization described | 1537 |
in division
(B) of section 5301.69 of the
Revised Code. An owner | 1538 |
of land may grant an
agricultural easement
only on land that is | 1539 |
valued for purposes of real
property taxation
at its current value | 1540 |
for agricultural use under section
5713.31 of
the Revised Code
or | 1541 |
that constitutes a homestead when the easement
is granted. | 1542 |
(2) Not less than thirty days prior to the acquisition of
an | 1551 |
agricultural easement under division
(A)(1) of this section or the | 1552 |
extinguishment of such an easement purchased under that
division, | 1553 |
the director shall provide written notice of the intention to do | 1554 |
so
to the board of county commissioners of the county in which the | 1555 |
land that is
or is proposed to be subject to the easement or | 1556 |
extinguishment
is located, and either to the legislative authority | 1557 |
of the
municipal corporation in which the land is located, if it | 1558 |
is
located in an incorporated area, or to the board of township | 1559 |
trustees of the township in which the land is located, if it is | 1560 |
located in an unincorporated area. If, within thirty days after | 1561 |
the director provides the notice, the board of county | 1562 |
commissioners, legislative authority, or board of township | 1563 |
trustees requests an informational meeting with the director | 1564 |
regarding the proposed acquisition or extinguishment, the
director | 1565 |
shall meet with the legislative authority or board
to respond to | 1566 |
the board's or authority's questions and concerns. If a meeting
is | 1567 |
timely requested under division
(A)(2) of this section, the | 1568 |
director shall not undertake the proposed acquisition or | 1569 |
extinguishment until after the meeting has been
concluded. | 1570 |
The director, upon the director's own initiative and prior
to | 1571 |
the purchase of an agricultural easement under
division (A)(1) of | 1572 |
this section
or the extinguishment of such an easement, may hold | 1573 |
an informational meeting
with the board of
county commissioners | 1574 |
and the legislative authority of the
municipal corporation or | 1575 |
board of township trustees in which
land that would be affected by | 1576 |
the proposed
acquisition or extinguishment is located, to respond | 1577 |
to any questions and
concerns of the board or authority regarding | 1578 |
the
proposed acquisition or extinguishment. | 1579 |
(B)(1) Subject to division (E)(F) of this section, the | 1580 |
legislative authority
of a municipal corporation, board of county | 1581 |
commissioners of a
county, or board of trustees of a township, | 1582 |
with moneys in the
political subdivision's general fund not | 1583 |
required by law or
charter to be used for other specified purposes | 1584 |
or with moneys in a special
fund of the political subdivision to | 1585 |
be used for the purchase of agricultural
easements, may purchase | 1586 |
agricultural easements in the name of the municipal
corporation, | 1587 |
county, or township. | 1588 |
(2) Subject to division (E)(F) of this section, the | 1589 |
legislative
authority of a municipal corporation, board of county | 1590 |
commissioners of a county, or board of township trustees of a | 1591 |
township may acquire agricultural easements by
gift, devise, or | 1592 |
bequest. Any terms may be included in an
agricultural easement so | 1593 |
acquired that are
necessary or appropriate to preserve on behalf | 1594 |
of the grantor of
the easement the favorable tax consequences of | 1595 |
the gift, devise,
or bequest under the
"Internal
Revenue Act of | 1596 |
1986," 100
Stat. 2085, 26 U.S.C.A.
1, as amended. | 1597 |
(2) Subject to division (F) of this section, the board of | 1605 |
supervisors of a soil and water conservation district may acquire | 1606 |
agricultural easements by gift, devise, or bequest. Any terms may | 1607 |
be included in an agricultural easement so acquired that are | 1608 |
necessary or appropriate to preserve on behalf of the grantor of | 1609 |
the easement the favorable tax consequences of the gift, devise, | 1610 |
or bequest under the "Internal Revenue Act of 1986," 100 Stat. | 1611 |
2085, 26 U.S.C.A. 1, as amended. | 1612 |
(2) The term of an agricultural easement purchased by such a | 1616 |
the
legislative authority of a municipal corporation, board of | 1617 |
county commissioners of a county, board of township trustees of a | 1618 |
township, or board of supervisors of a soil and water conservation | 1619 |
district without
the use of any money from
the agricultural | 1620 |
easement purchase fund may be
perpetual or for
a
specified period. | 1621 |
The agricultural easement shall run with the
land. The
instrument | 1622 |
conveying an
agricultural easement for a
specified period shall | 1623 |
include provisions specifying, at a
minimum, all of the following: | 1624 |
(D)(E)(1) The director and each
legislative authority of a | 1634 |
municipal corporation, board of county
commissioners, or board of | 1635 |
township trustees, or board of supervisors of a soil and water | 1636 |
conservation district, upon acquiring an agricultural
easement by | 1637 |
purchase, gift, devise, or bequest
under this section or section | 1638 |
901.21 of the
Revised
Code, shall name an appropriate | 1639 |
administrative officer, department, or division to supervise and | 1640 |
enforce the easement. A legislative authority orof a municipal | 1641 |
corporation, board of county commissioners, or board of township | 1642 |
trustees may enter
into a
contract
with the board of park | 1643 |
commissioners of a park
district
established under Chapter 1545. | 1644 |
of the Revised
Code, the
board of park
commissioners of a township | 1645 |
park district
established under
section 511.18 of the Revised | 1646 |
Code, or the board
of
supervisors of a soil and water conservation | 1647 |
district
established under Chapter 1515. of the
Revised
Code | 1648 |
having
territorial
jurisdiction within the municipal corporation, | 1649 |
county,
or
township, or with a charitable organization described | 1650 |
in
division (B) of section 5301.69
of the Revised
Code, to | 1651 |
supervise
on behalf of
the legislative authority or board an | 1652 |
agricultural
easement so acquired. A board of supervisors of a | 1653 |
soil and water conservation district may enter into a contract | 1654 |
with the board of park commissioners of a park district | 1655 |
established under Chapter 1545. of the Revised Code or the board | 1656 |
of park commissioners of a township park district established | 1657 |
under section 511.18 of the Revised Code having territorial | 1658 |
jurisdiction within the soil and water conservation district, or | 1659 |
with a charitable organization described in division (B) of | 1660 |
section 5301.69 of the Revised Code, to supervise on behalf of the | 1661 |
board an agricultural easement so acquired. The contract may be | 1662 |
entered into on such
terms as are agreeable to the parties and | 1663 |
shall specify or
prescribe a method for determining the amounts of | 1664 |
any payments
to
be made by the legislative authority or, board of | 1665 |
county
commissioners or, board of township trustees, or board of | 1666 |
supervisors for the performance of the
contract. | 1667 |
(2) With respect to an agricultural easement purchased with
a | 1668 |
matching grant that is made under division (D) of section 901.22 | 1669 |
of the Revised Code and that consists in whole or in part of | 1670 |
moneys from the clean Ohio agricultural easement fund created in | 1671 |
section
901.21 of the
Revised Code, the recipient of the matching | 1672 |
grant
shall make an
annual monitoring visit to the land that is | 1673 |
the
subject of the
easement. The purpose of the visit is to
ensure | 1674 |
that no
development that is prohibited by the terms of the | 1675 |
easement has
occurred or is occurring. In accordance with rules | 1676 |
adopted under
division (A)(1)(d) of section 901.22 of the Revised | 1677 |
Code, the
grant recipient shall prepare a written annual | 1678 |
monitoring report
and submit it to the office of farmland | 1679 |
preservation in the
department of agriculture. If necessary to | 1680 |
enforce the terms of
the easement, the grant recipient shall take | 1681 |
corrective action in
accordance with those rules.
The director may | 1682 |
agree to share these monitoring and enforcement responsibilities | 1683 |
with the grant recipient. | 1684 |
(E)(F) The director; a municipal corporation, county, or | 1685 |
township, or soil and water conservation district;
or a charitable | 1686 |
organization described in division (B)
of section
5301.69 of the | 1687 |
Revised Code, may acquire agricultural
easements by purchase, | 1688 |
gift, devise, or
bequest only on land that
is valued for purposes | 1689 |
of real property taxation at
its current
value for agricultural | 1690 |
use under section 5713.31 of the Revised
Code
or that constitutes | 1691 |
a homestead when the easement is granted. | 1692 |
(F)(G) An agricultural
easement acquired by the director | 1693 |
under
division
(A) of this section may be extinguished
if an | 1694 |
unexpected
change in the conditions of or
surrounding the land | 1695 |
that is
subject to the easement makes
impossible or impractical | 1696 |
the
continued use of the land for the
purposes described in the | 1697 |
agricultural easement, or if the
requirements of the easement are | 1698 |
extinguished by judicial
proceedings. Upon the sale, exchange, or | 1699 |
involuntary conversion
of the land subject to the easement, the | 1700 |
director shall be paid an amount of
money
that is at least equal | 1701 |
to the
proportionate value of the easement compared to the total | 1702 |
value
of the land at the time the easement was acquired. Moneys
so | 1703 |
received shall be credited to the agricultural easement
purchase | 1704 |
fund. | 1705 |
An agricultural easement acquired by a municipal
corporation, | 1706 |
county, or township under division
(B) of this section or by a | 1707 |
soil and water conservation district under division (C) of this | 1708 |
section may be
extinguished
under the circumstances prescribed, | 1709 |
and in
accordance
with the terms and conditions set forth, in the | 1710 |
instrument
conveying the agricultural
easement.
An agricultural | 1711 |
easement
acquired by a charitable
organization described in | 1712 |
division
(B) of
section 5301.69 of the
Revised
Code may be | 1713 |
extinguished under
the
circumstances prescribed, and in accordance | 1714 |
with the terms
and
conditions set forth, in the instrument | 1715 |
conveying the
agricultural
easement. | 1716 |
(G)(H) Promptly after the
recording and indexing of an | 1720 |
instrument conveying an
agricultural easement to any person or to | 1721 |
a
municipal corporation, county, or township, or soil and water | 1722 |
conservation district or of an instrument
extinguishing an | 1723 |
agricultural easement held by any
person or such
a political | 1724 |
subdivision, the county recorder shall
mail, by
regular mail, a | 1725 |
photocopy of the instrument to the office of
farmland
preservation | 1726 |
in the department of agriculture. The
photocopy shall be | 1727 |
accompanied by an invoice for the
applicable
fee established in | 1728 |
section 317.32 of the
Revised Code. Promptly
after receiving
the | 1729 |
photocopy and invoice, the office of farmland
preservation
shall | 1730 |
remit the fee to the county
recorder. | 1731 |
Section 2. That existing sections 317.32, 505.101, 901.21, | 1738 |
901.22, 917.01, 917.02, 917.031, 917.09, 917.091, 917.19, 917.22, | 1739 |
918.01, 918.02, 918.08, 918.11, 918.25, 918.28, 955.51, 955.52, | 1740 |
955.53, 3707.38, 3715.65, 5301.68, and 5301.691 of the Revised | 1741 |
Code are hereby repealed. | 1742 |