As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 225


Senator Gibbs 

Cosponsors: Senators Wagoner, Seitz, Patton, Stewart, Schaffer 



A BILL
To amend sections 901.511, 918.12, 943.01, and 943.02 1
and to enact sections 943.20 to 943.30 of the 2
Revised Code to establish a commercial deer 3
propagating license, a commercial deer hunting 4
preserve license, and corresponding requirements 5
under the authority of the Director of 6
Agriculture.7


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

       Section 1. That sections 901.511, 918.12, 943.01, and 943.02 8
be amended and sections 943.20, 943.21, 943.22, 943.23, 943.24, 9
943.25, 943.26, 943.27, 943.28, 943.29, and 943.30 of the Revised 10
Code be enacted to read as follows:11

       Sec. 901.511.  (A) As used in this section:12

       (1) "Agricultural product" means any of the following items 13
that is produced for testing or research in the context of a 14
product development program in conjunction or coordination with a 15
private research facility, a university, or any federal, state, or 16
local governmental agency or that is produced for personal, 17
commercial, pharmaceutical, or educational purposes: field crop or 18
field crop product; timber or timber product; forestry product; 19
livestock or livestock product; meat or meat product; milk or 20
dairy product; poultry or poultry product; equine animal; wool; 21
fruit or vegetable crop; aquacultural product; horticultural crop, 22
including plant materials grown in a greenhouse, nursery stock 23
grown inside or outside of a container, ornamental grass, turf 24
grass, ornamental trees, ornamental shrubs, or flowers; sod; 25
mushrooms; viticultural product; apicultural product; tobacco; 26
pasture; wild animal or domestic deer, as "wild animal" and 27
"domestic deer" are defined in section 1531.01 of the Revised 28
Code; commercial deer as defined in section 943.20 of the Revised 29
Code; or any combination of those items. 30

       (2) "Equipment" means any implement, machinery, real or 31
personal property, building, or structure that is used in the 32
production, growing, harvesting, or housing of any agricultural 33
product. "Equipment" also includes any laboratory, research, 34
product, samples, supplies, or fixed equipment that is used to 35
test, develop, or analyze the process of producing, growing, or 36
maintaining any agricultural product.37

       (3) "Material support or resources" means currency, payment 38
instruments, other financial securities, financial services, 39
lodging, training, safehouses, false documentation or 40
identification, communications equipment, facilities, weapons, 41
lethal substances, explosives, personnel, transportation, and 42
other physical assets, except medicine or religious materials.43

       (4) "Payment instrument" means a check, draft, money order, 44
traveler's check, cashier's check, teller's check, or other 45
instrument or order for the transmission or payment of money 46
regardless of whether the item in question is negotiable.47

       (5) "Specified offense" means either of the following:48

       (a) A violation of section 2909.02, 2909.03, 2909.05, 49
2909.06, 2909.07, 2911.13, 2911.21, 2913.02, 2913.04, or 2913.42 50
of the Revised Code;51

       (b) An attempt to commit, complicity in committing, or a 52
conspiracy to commit an offense listed in division (A)(5)(a) of 53
this section.54

       (B) No person shall commit a specified offense involving any 55
agricultural product or equipment with the intent to do any of the 56
following:57

       (1) Intimidate or coerce a civilian population;58

       (2) Influence the policy of any government by intimidation or 59
coercion;60

       (3) Affect the conduct of any government;61

       (4) Interrupt or interfere with agricultural production, 62
agricultural research, or equipment for purposes of disrupting or 63
influencing, through intimidation or other means, consumer 64
confidence or agricultural production methods.65

       Division (B) of this section does not apply to the practice 66
of veterinary medicine by a person who has been issued a valid 67
license, temporary permit, or registration certificate to practice 68
veterinary medicine under Chapter 4741. of the Revised Code. As 69
used in this division, "practice of veterinary medicine" has the 70
same meaning as in section 4741.01 of the Revised Code.71

       (C) No person shall raise, solicit, collect, donate, or 72
provide any material support or resources with the purpose that 73
the material support or resources will be used in whole or in part 74
to plan, prepare, carry out, or aid in either a violation of 75
division (B) of this section or in the concealment of, or an 76
escape from, a violation of that division.77

       (D)(1) In addition to the penalties established in section 78
901.99 of the Revised Code for a violation of this section, the 79
court may require any person who violates this section to pay the 80
victim of the offense an amount up to triple the value of the 81
agricultural product or equipment that was the subject of the 82
violation.83

       (2) In ordering restitution under division (D)(1) of this 84
section, the court shall consider as part of the value of the 85
agricultural product or equipment the market value of the 86
agricultural product or equipment prior to the violation and the 87
production, research, testing, replacement, and development costs 88
directly related to the agricultural product or equipment that was 89
the subject of the violation.90

       (E) The enactment of this section is not intended to require 91
the prosecution exclusively under this section of an act, series 92
of acts, or course of behavior that could be prosecuted either 93
under this section or under another section of the Revised Code. 94
One or more acts, series of acts, or courses of behavior that may 95
be prosecuted either under this section or under another section 96
of the Revised Code may be prosecuted under this section, the 97
other section, or both sections.98

       Sec. 918.12.  (A) An establishment, as defined in section 99
918.01 of the Revised Code, that slaughters or otherwise prepares 100
meat of bison, cervidea, other bovidea, camelidae and hybrids 101
thereof, ratites, domestic rabbits, commercial deer as defined in 102
section 943.20 of the Revised Code, domestic deer, as defined in 103
section 1531.01 of the Revised Code, or other animals determined 104
by the director of agriculture by rule for human food purposes may 105
receive voluntary state inspection, as defined in division (B) of 106
section 918.01 of the Revised Code, if the establishment complies 107
with sections 918.01 to 918.11 of the Revised Code and the rules 108
adopted under those sections for establishments that slaughter or 109
otherwise prepare for food purposes other animals and if the 110
establishment complies with division (C) of this section.111

       (B) The owner of an establishment, as defined in section 112
918.21 of the Revised Code, who slaughters or otherwise prepares 113
the meat of pheasant, quail, partridge, peafowl, grouse, captive 114
raised wild turkey, captive raised waterfowl, or other poultry 115
determined by the director by rule may receive voluntary state 116
inspection as defined in division (I) of section 918.21 of the117
Revised Code and the rules adopted under those sections for 118
establishments that slaughter or otherwise prepare for food 119
purposes other poultry and if the establishment complies with 120
division (C) of this section and sections 918.21 to 918.28 of the 121
Revised Code.122

       (C) An establishment that receives voluntary state inspection 123
under division (A) or (B) of this section shall pay the costs of 124
the inspection at a rate and under terms established by rule of 125
the director of agriculture in accordance with section 918.04 of 126
the Revised Code.127

       Sec. 943.01.  As used in sections 943.01 to 943.18 of the128
Revised Code:129

       (A) "Animals" or "livestock" means horses, mules, and other 130
equidae, cattle, sheep, and goats and other bovidae, swine and 131
other suidae, commercial deer as defined in section 943.20 of the 132
Revised Code, alpacas, and llamas.133

       (B) "Dealer" or "broker" means any person found by the134
department of agriculture buying, receiving, selling,135
slaughtering, with the exception of those persons designated by136
division (B)(1) of section 918.10 of the Revised Code, exchanging, 137
negotiating, or soliciting the sale, resale, exchange, or transfer 138
of any animals in an amount of more than two hundred fifty head of 139
cattle, horses, or other equidae or five hundred head of sheep, 140
goats, or other bovidae or swine and other suidae or alpacas or 141
llamas during any one year. "Dealer" or "broker" does not mean any 142
of the following:143

       (1) Any railroad or other carrier transporting animals either 144
interstate or intrastate;145

       (2) Any person who by dispersal sale is permanently146
discontinuing the business of farming, dairying, breeding,147
raising, or feeding animals;148

       (3) Any person who sells livestock that has been raised from 149
birth on the premises of the person;150

       (4) Any person who buys or receives animals for grazing or151
feeding purposes at a premises owned or controlled by the person152
and sells or disposes of the animals after the minimum grazing or 153
feeding period of thirty days;154

       (5) Any person who places livestock in facilities other than 155
the person's own pursuant to a written agreement for feeding or156
finishing, provided that the person retains legal and equitable 157
title to the livestock during the term of the agreement; 158

       (6) Any person who has been issued a commercial deer 159
propagating license under section 943.22 of the Revised Code or a 160
commercial deer hunting preserve license under section 943.24 of 161
the Revised Code.162

       The exemptions set forth in divisions (B)(1) to (5)(6) of 163
this section are exclusive of those activities requiring 164
licensure under this chaptersections 943.01 to 943.18 of the 165
Revised Code, so that a person shall be deemed to be a dealer or 166
broker or subject to divisions (B)(1) to (5)(6) of this section, 167
but shall not be, or be subject to, both. No person who is a 168
licensed dealer or broker and whose license is suspended shall 169
have livestock or animals exempted pursuant to divisions (B)(1) 170
to (5)(6) of this section.171

       (C) "Employee" means any person employed by a dealer or172
broker to act in the dealer's or broker's behalf to buy, sell,173
exchange, negotiate, or solicit sale or resale of animals in the 174
dealer's or broker's name.175

       Sec. 943.02.  (A) No person shall act as a dealer or broker176
without first being licensed. No person shall be an employee of177
more than one dealer or broker. Except as provided in division (B) 178
of this section, no person holding a license as a dealer or broker 179
shall be an employee. No employee shall act for any dealer or 180
broker unless the dealer or broker is licensed, and has designated 181
the employee to act in histhe dealer's or broker's behalf and has182
notified the department of agriculture in histhe application for183
license or has given official notice in writing of the appointment 184
of the employee. The dealer or broker shall be accountable and 185
responsible for all contracts pertaining to the purchase, 186
exchange, or sale of livestock made by the employee. The dealer or 187
broker who terminates the services of an employee shall notify the 188
department in writing of the employee's termination. No person who 189
is a licensed dealer or broker shall have livestock exempted 190
pursuant to divisions (B)(1) through (5)to (6) of section 943.01191
of the Revised Code.192

       (B) A dealer or broker may be an employee of other dealers or 193
brokers only when hethe dealer or broker so employed is a 194
soliciting agent for a video auction.195

       (C) The director of agriculture shall define by rule 196
"soliciting agent" and "video auction" for the purposes of this 197
section.198

       Sec. 943.20.  As used in this section and sections 943.21 to 199
943.30 of the Revised Code:200

       (A) "Authorized enclosure" means an area of land that is 201
surrounded by a fence that complies with division (A) of section 202
943.23 of the Revised Code.203

       (B) "Chronic wasting disease" has the same meaning as in 9 204
C.F.R. 55.1.205

       (C) "Commercial deer" means captive deer that have been 206
legally acquired or their offspring and that are privately owned 207
primarily for the purposes of agriculture, propagation, or the 208
operation of a hunting preserve.209

       (D) "Hunting preserve" means an area of land where commercial 210
deer are released and hunted as authorized by a commercial deer 211
hunting preserve license obtained under section 943.24 of the 212
Revised Code.213

       (E) "Rule" means a rule adopted under section 943.26 of the 214
Revised Code.215

       Sec. 943.21.  The department of agriculture the sole 216
authority to regulate commercial deer.217

       Sec. 943.22.  (A) Except as otherwise provided by rules, a 218
person desiring to engage in the business of propagating and 219
selling commercial deer in an authorized enclosure that is owned 220
or leased by the person shall apply in writing to the director of 221
agriculture for a license to do so.222

       (B)(1) The director may issue to the applicant a commercial 223
deer propagating license if all of the following conditions are 224
satisfied:225

       (a) The application is made in good faith.226

       (b) The applicant complies with or, in the case of an 227
application for an initial license, has demonstrated to the 228
director's satisfaction that the applicant will comply with 229
section 943.23 of the Revised Code.230

       (c) The applicant pays a license fee of three hundred 231
dollars. 232

       (2) A commercial deer propagating licensee may do all of the 233
following:234

       (a) Propagate commercial deer in an authorized enclosure that 235
is specified in the license application;236

       (b) Sell commercial deer and ship them alive within and 237
outside the state at any time;238

       (c) In the case of the licensee and the licensee's employees, 239
kill commercial deer and sell the carcasses for food in accordance 240
with sections 918.01 to 918.12 of the Revised Code.241

       The director may establish terms and conditions of a license.242

       (C) A license issued under this section expires on the 243
fifteenth day of March of each year. A licensee wishing to 244
continue to propagate and sell commercial deer shall apply for a 245
new license under this section and shall include with the 246
application the information that is required by division (G)(1) of 247
section 943.23 of the Revised Code.248

       (D) All money collected under this section shall be credited 249
to the commercial deer fund created in section 943.30 of the 250
Revised Code.251

       Sec. 943.23.  (A) A commercial deer propagating licensee 252
shall keep commercial deer in an authorized enclosure that is 253
surrounded by a fence that is eight feet in height with a minimal 254
deviation not to exceed four per cent, is constructed in a manner 255
that prevents ingress and egress of deer, and is constructed of 256
materials that are approved by the director of agriculture in 257
rules.258

       A person who is raising and selling commercial deer on the 259
effective date of this section shall comply with the fence 260
requirements established in this division not later than one year 261
after the director has adopted rules under division (A) of section 262
943.26 of the Revised Code.263

       (B) A commercial deer propagating licensee only shall 264
purchase or acquire commercial deer from, or sell or otherwise 265
transfer commercial deer to, another such licensee or from a herd 266
that is monitored by the United States department of agriculture 267
for chronic wasting disease or any other animal disease.268

       (C) Each commercial deer that is raised by a licensee and 269
held in an authorized enclosure that is owned or leased by the 270
licensee shall be identified with a tag that has a symbol 271
identifying the licensee and a distinctive number for that deer.272

       (D) If a commercial deer escapes or is missing from an 273
authorized enclosure that is owned or leased by a licensee, the 274
licensee shall notify by telephone the director within a 275
reasonable amount of time after the licensee determines that the 276
commercial deer has escaped or is missing.277

       (E) A licensee shall submit animal tissue from ten per cent 278
of all of the licensee's commercial deer that are twelve months of 279
age or older and that have died or thirty such deer, whichever is 280
less, to the animal disease diagnostic laboratory in the 281
department of agriculture for chronic wasting disease testing. The 282
director shall send the results of the testing to the licensee. If 283
the results of the testing indicate that a commercial deer had 284
chronic wasting disease, the director shall take appropriate 285
actions as provided in sections 941.01 to 941.15 of the Revised 286
Code.287

       (F) A licensee shall dispose of the body of a commercial deer 288
that dies of a dangerously contagious or infectious disease, as 289
defined in section 941.01 of the Revised Code, in accordance with 290
section 941.14 of the Revised Code.291

       (G)(1) A licensee shall file with a license renewal 292
application, on a form provided by the director, a complete and 293
accurate report signed by the licensee showing the total number of 294
commercial deer that have been held by the licensee in the 295
previous twelve months. If the licensee fails to file the 296
inventory report with the renewal application, the director shall 297
not renew the license.298

       (2) A licensee shall maintain and keep all of the following 299
on the premises of the licensee:300

       (a) Records of all commercial deer that are held, purchased 301
or otherwise acquired, sold or otherwise transferred, or killed in 302
an authorized enclosure that is owned or leased by the licensee. 303
The records shall include the distinctive number that is assigned 304
to each commercial deer as required in division (C) of this 305
section.306

       (b) The name and address of a recipient or consignee of any 307
commercial deer that is raised by the licensee and the date on 308
which the person received or was consigned the commercial deer;309

       (c) Records that verify that each commercial deer that is 310
raised and sold by the licensee was purchased or otherwise 311
acquired from another commercial deer propagating licensee or from 312
a herd that is monitored by the United States department of 313
agriculture for chronic wasting disease or any other animal 314
disease;315

       (d) Herd and individual animal health certificates, including 316
certificates of veterinary inspection, and the results of any 317
tests performed under division (E) of this section.318

       (H) No commercial deer propagating licensee shall fail to 319
comply with this section.320

       Sec. 943.24.  (A) Except as otherwise provided by rules, no 321
person shall hunt or offer for hunting any commercial deer except 322
in a licensed commercial deer hunting preserve. No person shall 323
own or operate a commercial deer hunting preserve without first 324
obtaining a license to do so issued by the director of agriculture 325
under this section.326

       (B) Application for a commercial deer hunting preserve 327
license shall be made on a form prescribed by the director and 328
shall be accompanied by an annual license fee of three hundred 329
dollars. The application shall contain a description of the lands 330
that constitute or will constitute the preserve and any other 331
information that is required by the director in rules.332

       (C) Except as otherwise provided in division (E) of this 333
section, the director, upon payment of the license fee, may issue 334
to an applicant a commercial deer hunting preserve license if both 335
of the following conditions are met:336

       (1) The commercial deer hunting preserve complies with or, in 337
the case of an application for an initial license, the applicant 338
has demonstrated to the director's satisfaction that the proposed 339
preserve will comply with section 943.25 of the Revised Code.340

       (2) The applicant is the owner or lessee of the land 341
described in the application and the applicant certifies that the 342
applicant will remain the owner or lessee of the land until the 343
license expires.344

       The director may establish terms and conditions of a license.345

       (D) A license issued under this section expires on the 346
fifteenth day of March of each year. A licensee wishing to 347
continue to own or operate a commercial deer hunting preserve 348
shall apply for a new license under this section.349

       (E) The director shall not issue a commercial deer hunting 350
preserve license to an applicant that owns or leases an authorized 351
enclosure that is not in compliance with division (B) of section 352
943.25 of the Revised Code.353

       (F) All money collected under this section shall be credited 354
to the commercial deer fund created in section 943.30 of the 355
Revised Code.356

       Sec. 943.25.  (A) A commercial deer hunting preserve that is 357
licensed under section 943.24 of the Revised Code shall be not 358
less than eighty acres in area. A hunting preserve shall be 359
located in one continuous block of land, except that the block of 360
land may be intersected by highways or roads if the hunting 361
preserve was in operation prior to the effective date of this 362
section.363

       (B) Except for a hunting preserve that was in operation prior 364
to the effective date of this section, a commercial deer hunting 365
preserve licensee shall maintain or keep commercial deer in an 366
authorized enclosure.367

       The owner or lessee of a hunting preserve that was in 368
operation prior to the effective date of this section and that 369
wishes to operate in accordance with a license issued under 370
section 943.24 of the Revised Code shall comply with the fence 371
requirements established for authorized enclosures not later than 372
one year after the director has adopted rules under division (A) 373
of section 943.26 of the Revised Code.374

       (C) A licensee only shall release and allow to be hunted 375
within the confines of the licensee's commercial deer hunting 376
preserve either or both of the following:377

       (1) Deer that have been propagated by a person who holds a 378
commercial deer propagating license issued under section 943.22 of 379
the Revised Code;380

       (2) Deer that have been purchased from a herd that is 381
monitored by the United States department of agriculture for 382
chronic wasting disease or any other animal disease or that has 383
had animal tissue from ten per cent of all of the herd's 384
commercial deer that are twelve months of age or older and that 385
have died or thirty such deer, whichever is less, submitted to the 386
animal disease diagnostic laboratory in the department of 387
agriculture for chronic wasting disease. 388

       A licensee shall allow to be hunted within the confines of 389
the licensee's commercial deer hunting preserve commercial deer, 390
without regard to sex, bag limit, or hunting season, by hunters 391
who have been authorized by the licensee to hunt on the preserve.392

       (D) If a commercial deer escapes or is missing from an 393
enclosure that is owned or leased by a licensee, the licensee 394
shall notify by telephone the director within a reasonable amount 395
of time after the licensee determines that the commercial deer has 396
escaped or is missing.397

       (E) A licensee shall dispose of the body of a commercial deer 398
that dies of a dangerously contagious or infectious disease, as 399
defined in section 941.01 of the Revised Code, in accordance with 400
section 941.14 of the Revised Code.401

       (F) No commercial deer hunting preserve licensee shall fail 402
to comply with this section.403

       Sec. 943.26.  The director of agriculture shall adopt rules 404
in accordance with Chapter 119. of the Revised Code that do all of 405
the following:406

       (A) Compile a list of materials that must be used to 407
construct fences for authorized enclosures for the purposes of 408
sections 943.23 and 943.25 of the Revised Code. In adopting the 409
rules, the director shall consult with the animal and plant health 410
inspection service in the United States department of agriculture, 411
the department of natural resources, and representatives of the 412
Ohio cervid industry.413

       (B) Establish information that must be included in an 414
application for a license to own or operate a commercial deer 415
hunting preserve;416

       (C) Establish the amount of civil penalties that may be 417
assessed by the director under division (B) of section 943.29 of 418
the Revised Code for violation of section 943.22, 943.23, 943.24, 419
943.25, or 943.27 of the Revised Code;420

       (D) Any other requirements and procedures that are necessary 421
to administer and enforce sections 943.20 to 943.30 of the Revised 422
Code.423

       Sec. 943.27.  No person shall do either of the following:424

       (A) Take a white-tailed deer from the wild into an authorized 425
enclosure that houses commercial deer;426

       (B) Knowingly release or knowingly fail to prevent the escape 427
of commercial deer from an authorized enclosure or other holding 428
area that is owned or leased by a commercial deer propagating 429
licensee or a commercial deer hunting preserve licensee.430

       Sec. 943.28.  The director of agriculture or the director's 431
authorized representative may enter at reasonable times on the 432
premises of commercial deer propagating licensees and commercial 433
deer hunting preserve licensees to conduct investigations and 434
inspections or to otherwise execute duties that are necessary for 435
the administration and enforcement of sections 943.20 to 943.30 of 436
the Revised Code. If refused entry, the director or the director's 437
authorized representative may apply for and the court of common 438
pleas having jurisdiction may issue an appropriate warrant. With 439
regard to commercial deer propagating licensees, the director or 440
the director's authorized representative may examine and copy at 441
reasonable times any records that are required to be kept and 442
maintained by section 943.23 of the Revised Code. 443

       Sec. 943.29.  (A) The director of agriculture may propose to 444
require corrective actions and assess a civil penalty against a 445
commercial deer propagating licensee or a commercial deer hunting 446
preserve licensee if the director or the director's authorized 447
representative determines that the licensee is not in compliance 448
with section 943.22, 943.23, 943.24, 943.25, or 943.27 of the 449
Revised Code, as applicable, the terms and conditions of the 450
commercial deer propagating license or commercial deer hunting 451
preserve license, as applicable, or rules. However, the director 452
may impose a civil penalty only if all of the following occur:453

       (1) The licensee is notified in writing of the deficiencies 454
resulting in noncompliance, the actions that the licensee must 455
take to correct the deficiencies, and the time period within which 456
the licensee must correct the deficiencies and attain compliance.457

       (2) After the time period that is specified in the notice has 458
elapsed, the director or the director's authorized representative 459
has inspected the authorized enclosure that is owned or leased by 460
the licensee, determined that the licensee is still not in 461
compliance, and issued a notice of an adjudication hearing.462

       (3) The director affords the licensee an opportunity for an 463
adjudication hearing under Chapter 119. of the Revised Code 464
regarding the director's determination that the licensee is not in 465
compliance or the imposition of the civil penalty, or both. 466
However, the licensee may waive the right to an adjudication 467
hearing.468

       (B) If the opportunity for an adjudication hearing is waived 469
or if, after an adjudication hearing, the director determines that 470
a violation has occurred or is occurring, the director may issue 471
an order requiring compliance and assess a civil penalty. The 472
order and the assessment of the civil penalty may be appealed in 473
accordance with section 119.12 of the Revised Code.474

       A civil penalty assessed under this section shall be in an 475
amount established in rules. Each thirty-day period during which a 476
violation continues constitutes a separate violation, except that 477
for a violation of section 943.22, 943.23, 943.24, 943.25, or 478
943.27 of the Revised Code, each seven-day period during which a 479
violation continues constitutes a separate violation.480

       (C) If after the assessment of a civil penalty under division 481
(B) of this section a licensee continues to be in violation of 482
section 943.22, 943.23, 943.24, 943.25, or 943.27 of the Revised 483
Code, the terms and conditions of a license, or rules, the 484
director may conduct an adjudication hearing under Chapter 119. of 485
the Revised Code to suspend or revoke the licensee's license.486

       (D) All money collected under this section shall be credited 487
to the commercial deer fund created in section 943.30 of the 488
Revised Code.489

       Sec. 943.30.  The commercial deer fund is hereby created in 490
the state treasury. The fund shall consist of money credited to it 491
under sections 943.20 to 943.30 of the Revised Code. The director 492
of agriculture shall use money in the fund to administer those 493
sections.494

       Section 2.  That existing sections 901.511, 918.12, 943.01, 495
and 943.02 of the Revised Code are hereby repealed.496