H. B. No. 352 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 352

Representative Patton

A BILL

To amend sections 901.41, 901.70, 903.01, 943.01, and

947.01 of the Revised Code to include alpacas in

certain statutory definitions of "agricultural

animal" and "livestock."

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

Section 1. That sections 901.41, 901.70, 903.01, 943.01, and	5
947.01 of the Revised Code be amended to read as follows:	6

Sec. 901.41. As used in this section and in section 901.42	7
of the Revised Code:	8

(A) "Director" means the director of agriculture or the	9
designee of the director of agriculture.	10

(B) "Exhibition" means a display of animals that is open to	11
the public.	12

(C) "National exhibition" means an exhibition where species	13
from fifteen or more states or nations are exhibited.	14

(D) "Nonprofit association" means any corporation, society,	15
partnership, or other organization formed under the laws of this	16
state or another state or nation providing for the establishment	17
and governance of nonprofit entities.	18

(E) "Ohio expositions center" means the property that is held	19
by this state for the purpose of conducting fairs, expositions,	20
and exhibits and that is maintained and managed by the Ohio	21
expositions commission under section 991.03 of the Revised Code.	22

(F) "Premium awards" means money, ribbons, banners, medals,	23
achievement pins, trophies, or merchandise presented for animals	24
of superior quality.	25

(G) "Rental costs" means the costs associated with the rental	26
of the facilities, or a portion thereof, at the Ohio expositions	27
center, including, without limitation, grounds, buildings, pens,	28
animal feeding or watering equipment, and tieouts. "Rental costs"	29
also includes labor costs associated with set-up, tear-down, and	30
security.	31

(H) "Species" means dairy cattle, beef cattle, swine,	32
rabbits, poultry, alpacas, and sheep.	33

Sec. 901.70. As used in sections 901.70 to 901.76 of the	34
Revised Code:	35

(A) "Exhibition" means any of the following:

(1) A show or sale of livestock at a fair or elsewhere that	37
is sponsored by or under the control of a county or independent	38
agricultural society organized under section 1711.01 or 1711.02 of	39
the Revised Code;	40

(2) A show or sale of livestock at the Ohio state fair;

(3) A livestock show at a fair or elsewhere or a livestock	42
sale at or associated with a fair or livestock show that is	43
assembled for any length of time;	44

(4) A livestock show at a fair or elsewhere or a livestock	45
sale at or associated with a fair or livestock show that includes	46
livestock with origins outside ~~Ohio~~this state;	47

(5) Any show or sale of livestock at a fair or elsewhere that	48
is specified by rule of the director of agriculture adopted under	49
section 901.72 of the Revised Code.	50

(B) "Livestock" means any animal generally used for food or	51
in the production of food, including cattle, sheep, goats,	52
rabbits, poultry, swine, and any other animal included by the	53
director by rules adopted under section 901.72 of the Revised	54
Code, and alpacas.	55

(1) A county or independent agricultural society organized	57
under section 1711.01 or 1711.02 of the Revised Code;	58

(2) The Ohio state fair;

(3) Any other public or private entity sponsoring an	60
exhibition.	61

Sec. 903.01. As used in this chapter:

(A) "Agricultural animal" means any animal generally used for	63
food or in the production of food, including cattle, sheep, goats,	64
rabbits, poultry, and swine; horses; alpacas; and any other animal	65
included by the director of agriculture by rule. "Agricultural	66
animal" does not include fish or other aquatic animals regardless	67
of whether they are raised at fish hatcheries, fish farms, or	68
other facilities that raise aquatic animals.	69

(B) "Animal feeding facility" means a lot, building, or	70
structure where both of the following conditions are met:	71

(1) Agricultural animals have been, are, or will be stabled	72
or confined and fed or maintained there for a total of forty-five	73
days or more in any twelve-month period.	74

(2) Crops, vegetative forage growth, or post-harvest residues	75
are not sustained in the normal growing season over any portion of	76
the lot, building, or structure.	77

"Animal feeding facility" also includes land that is owned or	78
leased by or otherwise is under the control of the owner or	79
operator of the lot, building, or structure and on which manure	80
originating from agricultural animals in the lot, building, or	81
structure or a production area is or may be applied.	82

Two or more animal feeding facilities under common ownership	83
shall be considered to be a single animal feeding facility for the	84
purposes of this chapter if they adjoin each other or if they use	85
a common area or system for the disposal of manure.	86

(C) "Best management practices" means best management	87
practices established in rules.	88

(D) "Cattle" includes, but is not limited to, heifers,	89
steers, bulls, and cow and calf pairs.	90

(E) "Concentrated animal feeding facility" means an animal	91
feeding facility with a total design capacity equal to or more	92
than the number of animals specified in any of the categories in	93
division (M) of this section.	94

(F) "Concentrated animal feeding operation" means an animal	95
feeding facility that complies with one of the following:	96

(1) Has a total design capacity equal to or more than the	97
number of animals specified in any of the categories in division	98
(M) of this section;	99

(2) Satisfies the criteria in division (M), (Q), or (EE) of	100
this section;	101

(3) Is designated by the director of agriculture as a medium	102
or small concentrated animal feeding operation pursuant to rules.	103

(G) "Discharge" means to add from a point source to waters of	104
the state.	105

(H) "Federal Water Pollution Control Act" means the "Federal	106
Water Pollution Control Act Amendments of 1972," 86 Stat. 816, 33	107
U.S.C. 1251 et. seq., as amended, and regulations adopted under	108
it.	109

(I) "Finalized," with respect to the programs required under	110
division (A)(1) of section 903.02 and division (A)(1) of section	111
903.03 of the Revised Code, means that all rules that are	112
necessary for the administration of this chapter have been adopted	113
and all employees of the department of agriculture that are	114
necessary for the administration of this chapter have been	115
employed.	116

(J) "General permit" has the meaning that is established in	117
rules.	118

(K) "Individual permit" has the meaning that is established	119
in rules.	120

(L) "Installation permit" means a permit for the installation	121
or modification of a disposal system or any part of a disposal	122
system issued by the director of environmental protection under	123
division (J)(1) of section 6111.03 of the Revised Code.	124

(M) "Large concentrated animal feeding operation" means an	125
animal feeding facility that stables or confines at least the	126
number of animals specified in any of the following categories:	127

(1) Seven hundred mature dairy cattle whether milked or dry;

128

(2) One thousand veal calves;

129

(3) One thousand cattle other than mature dairy cattle or	130
veal calves;	131

(4) Two thousand five hundred swine that each weigh	132
fifty-five pounds or more;	133

(5) Ten thousand swine that each weigh less than fifty-five	134
pounds;	135

(6) Five hundred horses;

136

(7) Ten thousand sheep or lambs;

137

(8) Fifty-five thousand turkeys;

138

(9) Thirty thousand laying hens or broilers if the animal	139
feeding facility uses a liquid manure handling system;	140

(10) One hundred twenty-five thousand chickens, other than	141
laying hens, if the animal feeding facility uses a manure handling	142
system that is not a liquid manure handling system;	143

(11) Eighty-two thousand laying hens if the animal feeding	144
facility uses a manure handling system that is not a liquid manure	145
handling system;	146

(12) Thirty thousand ducks if the animal feeding facility	147
uses a manure handling system that is not a liquid manure handling	148
system;	149

(13) Five thousand ducks if the animal feeding facility uses	150
a liquid manure handling system.	151

(N) "Major concentrated animal feeding facility" means a	152
concentrated animal feeding facility with a total design capacity	153
of more than ten times the number of animals specified in any of	154
the categories in division (M) of this section.	155

(O) "Manure" means any of the following wastes used in or	156
resulting from the production of agricultural animals or direct	157
agricultural products such as milk or eggs: animal excreta,	158
discarded products, bedding, process waste water, process	159
generated waste water, waste feed, silage drainage, and compost	160
products resulting from mortality composting or the composting of	161
animal excreta.	162

(P) "Manure storage or treatment facility" means any	163
excavated, diked, or walled structure or combination of structures	164
designed for the biological stabilization, holding, or storage of	165
manure.	166

(Q) "Medium concentrated animal feeding operation" means an	167
animal feeding facility that satisfies both of the following:	168

(1) The facility stables or confines the number of animals	169
specified in any of the following categories:	170

(a) Two hundred to six hundred ninety-nine mature dairy	171
cattle whether milked or dry;	172

(b) Three hundred to nine hundred ninety-nine veal calves;

173

(c) Three hundred to nine hundred ninety-nine cattle other	174
than mature dairy cattle or veal calves;	175

(d) Seven hundred fifty to two thousand four hundred	176
ninety-nine swine that each weigh fifty-five pounds or more;	177

(e) Three thousand to nine thousand nine hundred ninety-nine	178
swine that each weigh less than fifty-five pounds;	179

(f) One hundred fifty to four hundred ninety-nine horses;

180

(g) Three thousand to nine thousand nine hundred ninety-nine	181
sheep or lambs;	182

(h) Sixteen thousand five hundred to fifty-four thousand nine	183
hundred ninety-nine turkeys;	184

(i) Nine thousand to twenty-nine thousand nine hundred	185
ninety-nine laying hens or broilers if the animal feeding facility	186
uses a liquid manure handling system;	187

(j) Thirty-seven thousand five hundred to one hundred	188
twenty-four thousand nine hundred ninety-nine chickens, other than	189
laying hens, if the animal feeding facility uses a manure handling	190
system that is not a liquid manure handling system;	191

(k) Twenty-five thousand to eighty-one thousand nine hundred	192
ninety-nine laying hens if the animal feeding facility uses a	193
manure handling system that is not a liquid manure handling	194
system;	195

(l) Ten thousand to twenty-nine thousand nine hundred	196
ninety-nine ducks if the animal feeding facility uses a manure	197
handling system that is not a liquid manure handling system;	198

(m) One thousand five hundred to four thousand nine hundred	199
ninety-nine ducks if the animal feeding facility uses a liquid	200
manure handling system.	201

(2) The facility does one of the following:

202

(a) Discharges pollutants into waters of the United States	203
through a ditch constructed by humans, a flushing system	204
constructed by humans, or another similar device constructed by	205
humans;	206

(b) Discharges pollutants directly into waters of the United	207
States that originate outside of and that pass over, across, or	208
through the facility or otherwise come into direct contact with	209
the animals at the facility.	210

"Medium concentrated animal feeding operation" includes an	211
animal feeding facility that is designated by the director as a	212
medium concentrated animal feeding operation pursuant to rules.	213

(R) "Mortality composting" means the controlled decomposition	214
of organic solid material consisting of dead animals that	215
stabilizes the organic fraction of the material.	216

(S) "NPDES permit" means a permit issued under the national	217
pollutant discharge elimination system established in section 402	218
of the Federal Water Pollution Control Act and includes the	219
renewal of such a permit. "NPDES permit" includes the federally	220
enforceable provisions of a permit to operate into which NPDES	221
permit provisions have been incorporated.	222

(T) "Permit" includes an initial, renewed, or modified permit	223
to install, permit to operate, NPDES permit, and installation	224
permit unless expressly stated otherwise.	225

(U) "Permit to install" means a permit issued under section	226
903.02 of the Revised Code.	227

(V) "Permit to operate" means a permit issued or renewed	228
under section 903.03 of the Revised Code and includes incorporated	229
NPDES permit provisions, if applicable.	230

(W) "Person" means any legal entity defined as a person under	231
section 1.59 of the Revised Code, the state, any political	232
subdivision of the state, any interstate body created by compact,	233
the United States, or any department, agency, or instrumentality	234
of any of those entities.	235

(X) "Point source" has the same meaning as in the Federal	236
Water Pollution Control Act.	237

(Y) "Process generated waste water" means water that is	238
directly or indirectly used in the operation of an animal feeding	239
facility for any of the following:	240

(1) Spillage or overflow from animal watering systems;

241

(2) Washing, cleaning, or flushing pens, barns, manure pits,	242
or other areas of an animal feeding facility;	243

(3) Direct contact swimming, washing, or spray cooling of	244
animals;	245

(4) Dust control.

246

(Z) "Process waste water" means any process generated waste	247
water and any precipitation, including rain or snow, that comes	248
into contact with manure, litter, bedding, or any other raw	249
material or intermediate or final material or product used in or	250
resulting from the production of animals or direct products such	251
as milk or eggs.	252

(AA) "Production area" means any of the following components	253
of an animal feeding facility:	254

(1) Animal confinement areas, including, but not limited to,	255
open lots, housed lots, feedlots, confinement houses, stall barns,	256
free stall barns, milkrooms, milking centers, cowyards, barnyards,	257
medication pens, animal walkways, and stables;	258

(2) Manure storage areas, including, but not limited to,	259
manure storage or treatment facilities;	260

(3) Raw material storage areas, including, but not limited	261
to, feed silos, silage bunkers, commodity buildings, and bedding	262
materials;	263

(4) Waste containment areas, including, but not limited to,	264
any of the following:	265

(a) An egg washing or egg processing facility;

266

(b) An area used in the storage, handling, treatment, or	267
disposal of mortalities;	268

(c) Settling basins, runoff ponds, liquid impoundments, and	269
areas within berms and diversions that are designed and maintained	270
to separate uncontaminated storm water runoff from contaminated	271
water and to contain and treat contaminated storm water runoff.	272

(BB) "Public meeting" means a nonadversarial public hearing	273
at which a person may present written or oral statements for the	274
director of agriculture's consideration and includes public	275
hearings held under section 6111.12 of the Revised Code.	276

(CC) "Review compliance certificate" means a certificate	277
issued under section 903.04 of the Revised Code.	278

(DD) "Rule" means a rule adopted under section 903.10 of the	279
Revised Code.	280

(EE) "Small concentrated animal feeding operation" means an	281
animal feeding facility that is not a large or medium concentrated	282
animal feeding operation and that is designated by the director as	283
a small concentrated animal feeding operation pursuant to rules.	284

(FF) "Waters of the state" has the same meaning as in section	285
6111.01 of the Revised Code.	286

Sec. 943.01. As used in sections 943.01 to 943.18 of the	287
Revised Code:	288

(A) "Animals" or "livestock" means horses, mules, and other	289
equidae, cattle, sheep, and goats and other bovidae, swine and	290
other suidae, and alpacas.	291

(B) "Dealer" or "broker" means any person found by the	292
department of agriculture buying, receiving, selling,	293
slaughtering, with the exception of those persons designated by	294
division (B)(1) of section 918.10 of the Revised Code, exchanging,	295
negotiating, or soliciting the sale, resale, exchange, or transfer	296
of any animals in an amount of more than two hundred fifty head of	297
cattle, horses, or other equidae or five hundred head of sheep,	298
goats, or other bovidae or swine and other suidae or alpacas	299
during any one year. "Dealer" or "broker" does not mean any of the	300
following:	301

(1) Any railroad or other carrier transporting animals either	302
interstate or intrastate;	303

(2) Any person who by dispersal sale is permanently	304
discontinuing the business of farming, dairying, breeding,	305
raising, or feeding animals;	306

(3) Any person who sells livestock that has been raised from	307
birth on the premises of ~~such~~the person;	308

(4) Any person who buys or receives animals for grazing or	309
feeding purposes at a premises owned or controlled by ~~such~~the	310
person and sells or disposes of the animals after the minimum	311
grazing or feeding period of thirty days;	312

(5) Any person who places livestock in facilities other than	313
~~his~~the person's own pursuant to a written agreement for feeding	314
or finishing, provided that the person retains legal and equitable	315
title to the livestock during the term of the agreement.	316

The exemptions set forth in divisions (B)(1) ~~through~~to (5)	317
of this section are exclusive of those activities requiring	318
licensure under this chapter, so that a person shall be deemed to	319
be a dealer or broker or subject to divisions (B)(1) ~~through~~to	320
(5) of this section, but shall not be, or be subject to, both. No	321
person who is a licensed dealer or broker and whose license is	322
suspended, shall have livestock or animals exempted pursuant to	323
divisions (B)(1) to (5) of this section.	324

(C) "Employee" means any person employed by a dealer or	325
broker to act in ~~his~~the dealer's or broker's behalf to buy, sell,	326
exchange, negotiate, or solicit sale or resale of animals in the	327
dealer's or broker's name.	328

Sec. 947.01. As used in this chapter:

329

(A) "Brand" means a distinctive design, mark of	330
identification, or number that is applied to the hide of livestock	331
by a hot iron or other humane method approved by the director of	332
agriculture and is currently registered under section 947.02 of	333
the Revised Code.	334

(B) "Livestock" means cattle, sheep, goats, and other animals	335
of the family bovidae, swine and other animals of the family	336
suidae, ~~and~~ horses, mules, burros, asses, and other animals of the	337
family equidae, and alpacas.	338

(C) "Person" includes an individual, firm, association,	339
partnership, corporation, or other legal entity, and the state and	340
any of its agencies, institutions, instrumentalities, or political	341
subdivisions.	342

Section 2. That existing sections 901.41, 901.70, 903.01,	343
943.01, and 947.01 of the Revised Code are hereby repealed.	344