Section 1. That sections 121.04, 121.09, 307.204, 505.266, | 9 |
901.08, 901.43, 903.02, 907.11, 923.41, 923.52, 924.52, 941.02, | 10 |
941.041, 941.14, 942.02, 943.03, 943.031, 943.04, 943.05, 943.16, | 11 |
953.23, 955.35, 959.14, 1711.50, 1711.51, 1711.55, 1711.57, | 12 |
3717.22, and 4707.11 be amended and section 923.411 of the Revised | 13 |
Code be enacted to read as follows: | 14 |
(3) Increase the design capacity of an existing concentrated | 87 |
animal feeding facility by ten per cent or more in excess of the | 88 |
design capacity set forth in the current permit for construction | 89 |
or modification of the facility or for installation or | 90 |
modification of the disposal system for manure at the facility | 91 |
issued under section 903.02 or division (J) of section 6111.03 of | 92 |
the Revised Code, as applicable, and to a design capacity of more | 93 |
than ten times the number of animals specified in any of the | 94 |
categories in division (H) of section 903.01 of the Revised Code. | 95 |
(2) Not later than fifteen days after receipt of the board's | 123 |
recommendations, the person shall notify the board either that the | 124 |
person agrees with the recommendations and will implement them or | 125 |
that the person is submitting reasonable alternative | 126 |
recommendations or modifications to the board. If the person | 127 |
agrees with the recommendations, they shall be considered to be | 128 |
the board's final recommendations. | 129 |
(F)(1) The board shall prepare a written, dated statement | 135 |
certifying that the written notification required under this | 136 |
section was submitted and that final recommendations were selected | 137 |
regarding needed improvements and the costs of those improvements. | 138 |
The board shall provide the person with the original of the | 139 |
statement so that the person can include it with the application | 140 |
for a permit to install for the facility as required under | 141 |
division (C)(4) of section 903.02 of the Revised Code. The board | 142 |
shall retain a copy of the statement for its records. | 143 |
(2) If the board fails to prepare a written, dated statement | 144 |
in accordance with division (F)(1) of this section within | 145 |
seventy-five days of receiving the initial written notification by | 146 |
certified mail from the person, the person instead shall file with | 147 |
the application for a permit to install for the facility a | 148 |
notarized affidavit declaring that the person has met the criteria | 149 |
established in this section and that a written, dated statement | 150 |
was not received by the person from the board. | 151 |
(G) TheIf the person receives a written, dated statement | 152 |
from the board as provided in division (F)(1) of this section, the | 153 |
person shall construct, modify, and maintain or finance the | 154 |
construction, modification, and maintenance of improvements as | 155 |
provided in the board's final recommendations and with the | 156 |
approval and oversight of the county engineer. If the person fails | 157 |
to do so, the board shall notify the person by certified mail that | 158 |
the board intends to initiate mediation with the person if the | 159 |
person remains out of compliance with the final recommendations. | 160 |
The board shall allow sufficient time for the person to apply | 161 |
for and proceed to obtain, for the purpose of financing the | 162 |
construction, modification, or maintenance of the improvements, | 163 |
exemptions from taxation under sections 5709.63, 5709.632, | 164 |
5709.73, and 5709.78 of the Revised Code or state or federal | 165 |
grants that may be available. | 166 |
(H) If the person subsequently submits an application under | 173 |
section 903.02 of the Revised Code for a permit to modify the | 174 |
facility, or if the routes of travel to or from the facility | 175 |
change for any reason other than road construction conducted by | 176 |
the county, the board or the person may request that additional | 177 |
information be provided in writing and shall proceed as provided | 178 |
in this section for the notification and recommendation | 179 |
proceedings. | 180 |
(3) Increase the design capacity of an existing concentrated | 202 |
animal feeding facility by ten per cent or more in excess of the | 203 |
design capacity set forth in the current permit for construction | 204 |
or modification of the facility or for installation or | 205 |
modification of the disposal system for manure at the facility | 206 |
issued under section 903.02 or division (J) of section 6111.03 of | 207 |
the Revised Code, as applicable, and to a design capacity of more | 208 |
than ten times the number of animals specified in any of the | 209 |
categories in division (M) of section 903.01 of the Revised Code. | 210 |
(2) Not later than fifteen days after receipt of the board's | 238 |
recommendations, the person shall notify the board either that the | 239 |
person agrees with the recommendations and will implement them or | 240 |
that the person is submitting reasonable alternative | 241 |
recommendations or modifications to the board. If the person | 242 |
agrees with the recommendations, they shall be considered to be | 243 |
the board's final recommendations. | 244 |
(F)(1) The board shall prepare a written, dated statement | 250 |
certifying that the written notification required under this | 251 |
section was submitted and that final recommendations were selected | 252 |
regarding needed improvements and the costs of those improvements. | 253 |
The board shall provide the person with the original of the | 254 |
statement so that the person can include it with the application | 255 |
for a permit to install for the facility as required under | 256 |
division (C)(4)(5) of section 903.02 of the Revised Code. The | 257 |
board shall retain a copy of the statement for its records. | 258 |
(2) If the board fails to prepare a written, dated statement | 259 |
in accordance with division (F)(1) of this section within | 260 |
seventy-five days of receiving the initial written notification by | 261 |
certified mail from the person, the person instead shall file with | 262 |
the application for a permit to install for the facility a | 263 |
notarized affidavit declaring that the person has met the criteria | 264 |
established in this section and that a written, dated statement | 265 |
was not received by the person from the board. | 266 |
(G) TheIf the person receives a written, dated statement | 267 |
from the board as provided in division (F)(1) of this section, the | 268 |
person shall construct, modify, and maintain or finance the | 269 |
construction, modification, and maintenance of improvements as | 270 |
provided in the board's final recommendations and with the | 271 |
approval and oversight of the county engineer. If the person fails | 272 |
to do so, the board shall notify the person by certified mail that | 273 |
the board intends to initiate mediation with the person if the | 274 |
person remains out of compliance with the final recommendations. | 275 |
The board shall allow sufficient time for the person to apply | 276 |
for and proceed to obtain, for the purpose of financing the | 277 |
construction, modification, or maintenance of the improvements, | 278 |
exemptions from taxation under sections 5709.63, 5709.632, | 279 |
5709.73, and 5709.78 of the Revised Code or state or federal | 280 |
grants that may be available. | 281 |
(H) If the person subsequently submits an application under | 288 |
section 903.02 of the Revised Code for a permit to modify the | 289 |
facility, or if the routes of travel to or from the facility | 290 |
change for any reason other than road construction conducted by | 291 |
the township, the board or the person may request that additional | 292 |
information be provided in writing and shall proceed as provided | 293 |
in this section for the notification and recommendation | 294 |
proceedings. | 295 |
Sec. 901.08. The director of agriculture shall appoint a | 296 |
chief of the division of administration, a chief of the division | 297 |
of animal industryhealth, a chief of the division of livestock | 298 |
environmental permitting, a chief of the division of dairy, a | 299 |
chief of the division of food safety, a chief of the division of | 300 |
markets, a chief of the division of plant industryhealth, a chief | 301 |
of the division of weights and measures, a chief of the division | 302 |
of meat inspection, a chief of the division of consumer
analytical | 303 |
protection laboratory, a chief of the division of enforcement, and | 304 |
a chief of the division of amusement ride safety. | 305 |
Sec. 901.43. (A) The director of agriculture may authorize | 306 |
any department of agriculture laboratory to perform a laboratory | 307 |
service for any person, organization, political subdivision, state | 308 |
agency, federal agency, or other entity, whether public or | 309 |
private. The director shall adopt and enforce rules to provide for | 310 |
the rendering of a laboratory service. | 311 |
(B) The director may charge a reasonable fee for the | 312 |
performance of a laboratory service, except when the service is | 313 |
performed on an official sample taken by the director acting | 314 |
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the | 315 |
Revised Code; by a board of health acting as the licensor of | 316 |
retail food establishments or food service operations under | 317 |
Chapter 3717. of the Revised Code; or by the director of health | 318 |
acting as the licensor of food service operations under Chapter | 319 |
3717. of the Revised Code. The director of agriculture shall adopt | 320 |
rules specifying what constitutes an official sample. | 321 |
(E)(1) There is hereby created in the state treasury the | 334 |
animal and consumer analyticalprotection laboratory fund. Moneys | 335 |
from the following sources shall be deposited into the state | 336 |
treasury to the credit of the fund: all moneys collected by the | 337 |
director under this section that are from fees generated by a | 338 |
laboratory service performed by the department and related to the | 339 |
diseases of animals, all moneys so collected that are from fees | 340 |
generated for the inspection and accreditation of laboratories and | 341 |
laboratory services related to the diseases of animals, all moneys | 342 |
collected by the director under this section that are from fees | 343 |
generated by a laboratory service performed by the consumer | 344 |
analyticalprotection laboratory, all moneys so collected that are | 345 |
from fees generated for the inspection and accreditation of | 346 |
laboratories and laboratory services not related to weights and | 347 |
measures, and all moneys collected under Chapters 942., 943., and | 348 |
953. of the Revised Code. The director may use the moneys held in | 349 |
the fund to pay the expenses necessary to operate the animal | 350 |
industry laboratory and the consumer analyticalprotection | 351 |
laboratory, including the purchase of supplies and equipment. | 352 |
(2) All moneys collected by the director under this section | 353 |
that are from fees generated by a laboratory service performed by | 354 |
the weights and measures laboratory, and all moneys so collected | 355 |
that are from fees generated for the inspection and accreditation | 356 |
of laboratories and laboratory services related to weights and | 357 |
measures, shall be deposited in the state treasury to the credit | 358 |
of the weights and measures laboratory fund, which is hereby | 359 |
created in the state treasury. The moneys held in the fund may be | 360 |
used to pay the expenses necessary to operate the division of | 361 |
weights and measures, including the purchase of supplies and | 362 |
equipment. | 363 |
(1) The name and address of the applicant, of all partners if | 380 |
the applicant is a partnership, of all members if the applicant is | 381 |
a limited liability company, or of all officers and directors if | 382 |
the applicant is a corporation, and of any other person who has a | 383 |
right to control or in fact controls management of the applicant | 384 |
or the selection of officers, directors, or managers of the | 385 |
applicant. As used in division (C)(1) of this section, "control" | 386 |
means the power, directly or indirectly, to direct the management | 387 |
and policies of the applicant through the ownership of voting | 388 |
securities, by contract, through a right of approval or | 389 |
disapproval, or otherwise unless the power is held by a chartered | 390 |
lending institution as a result of debt liability. | 391 |
(a) A written statementsstatement from the board of county | 405 |
commissioners of the county and the board of township trustees of | 406 |
the township in which the concentrated animal feeding facility | 407 |
would be located certifying that, in accordance with those | 408 |
sectionsthat section, the applicant has provided the boardsboard | 409 |
with the required written notification and that final | 410 |
recommendations were selected regarding improvements, if any, to | 411 |
county or township infrastructure that are needed as a result of | 412 |
the new or expanded concentrated animal feeding facility and the | 413 |
costs of those improvements; | 414 |
(a) A written statement from the board of township trustees | 423 |
of the township in which the concentrated animal feeding facility | 424 |
would be located certifying that, in accordance with that section, | 425 |
the applicant has provided the board with the required written | 426 |
notification and that final recommendations were selected | 427 |
regarding improvements, if any, to township infrastructure that | 428 |
are needed as a result of the new or expanded concentrated animal | 429 |
feeding facility and the costs of those improvements; | 430 |
(C) Issue a written or printed stop-sale order to the owner | 483 |
or custodian of any lot of seed, requiring it to be held at a | 484 |
designated place if found to be in violation of sections 907.01 to | 485 |
907.17 of the Revised Code or any rules adopted thereunder. The | 486 |
seed shall be held until a release is issued in writing by the | 487 |
director or histhe director's authorized agent. A release shall | 488 |
not be issued until sections 907.01 to 907.17 of the Revised Code | 489 |
and the rules and regulations adopted thereunder have been | 490 |
complied with. The owner or custodian may appeal the stop-sale | 491 |
order in accordance with Chapter 119. of the Revised Code. | 492 |
(C)(B) "Commercial feed" or "feed" means all materials, | 497 |
except unmixed whole seeds or physically altered entire unmixed | 498 |
seeds, that are not adulterated and that are distributed for use | 499 |
as feed or for mixing in feed for animals. The director, by rule, | 500 |
may exempt from these definitions or from specific provisions of | 501 |
sections 923.42 to 923.55 of the Revised Code agricultural | 502 |
commodities including, but not limited to, hay, straw, stover, | 503 |
silage, cobs, husks, and hulls when such commodities are not mixed | 504 |
with other materials, and individual chemical compounds or | 505 |
substances, when those commodities, compounds, or substances are | 506 |
not intermixed or mixed with other materials."Commercial feed" or | 507 |
"feed" does not include drugs that are not incorporated into feed | 508 |
and that are not distributed to be mixed in feed. "Commercial | 509 |
feed" and "feed" also does not include negligible amounts of feed | 510 |
ingredients added to a drug solely for the purpose of facilitating | 511 |
administration of the drug to an animal. | 512 |
Sec. 923.52. The director of agriculture may issue and | 573 |
enforce a written withdrawal from distribution order to the | 574 |
manufacturer or distributor of any lot of commercial feed | 575 |
requiring it to be held at a designated place when the director | 576 |
has reasonable cause to believe that the commercial feed is | 577 |
offered or exposed for distribution or distributed in violation of | 578 |
any of the provisions of sections 923.41 to 923.55 of the Revised | 579 |
Code or any rule adopted under those sections. The commercial feed | 580 |
shall be held until a release in writing is issued by the | 581 |
director. A release shall not be issued until sections 923.41 to | 582 |
923.55 of the Revised Code and the rules adopted under those | 583 |
sections are complied with and until all costs and expenses | 584 |
incurred in connection with the violation have been paid by the | 585 |
manufacturer or distributor. If compliance is not obtained within | 586 |
thirty days of receipt of the withdrawal from distribution order, | 587 |
the director may begin, and shall begin upon request by the | 588 |
manufacturer or distributor, proceedings for condemnation under | 589 |
section 923.53 of the Revised Code. | 590 |
(1) Conduct, and contract with others to conduct, research, | 595 |
including the study, analysis, dissemination, and accumulation of | 596 |
information obtained from the research or elsewhere, concerning | 597 |
the marketing and distribution of grapes and grape products, the | 598 |
storage, refrigeration, processing, and transportation of them, | 599 |
and the production and product development of grapes and grape | 600 |
products. The committee shall expend for these activities no less | 601 |
than thirty per cent and no more than seventy per cent of all | 602 |
money it receives from the Ohio grape industries fund created | 603 |
under section 924.54 of the Revised Code. | 604 |
(3) Make or contract for market surveys and analyses, | 608 |
undertake any other similar activities that it determines are | 609 |
appropriate for the maintenance and expansion of present markets | 610 |
and the creation of new and larger markets for grapes and grape | 611 |
products, and make, in the name of the committee, contracts to | 612 |
render service in formulating and conducting plans and programs | 613 |
and such other contracts or agreements as the committee considers | 614 |
necessary for the promotion of the sale of grapes and grape | 615 |
products. The committee shall expend for these activities no less | 616 |
than thirty per cent and no more than seventy per cent of all | 617 |
money it receives from the fund. | 618 |
(6) Advertise for, post notices seeking, or otherwise solicit | 625 |
applicants to serve in administrative positions in the department | 626 |
of agriculture as employees who support the administrative | 627 |
functions of the committee. Applications shall be submitted to the | 628 |
committee. The committee shall select applicants that it wishes to | 629 |
recommend for employment and shall submit a list of the | 630 |
recommended applicants to the director. | 631 |
Sec. 941.14. (A) The owner shall burn the body of an animal | 675 |
that has died of, or been destroyed because of, a dangerously | 676 |
infectious or contagious disease, bury it not less than four feet | 677 |
under the surface of the ground, dissolve it by alkaline | 678 |
hydrolysis, remove it in a watertight tank to a rendering | 679 |
establishment, or otherwise dispose of it in accordance with | 680 |
section 953.26 or 1511.022 of the Revised Code within twenty-four | 681 |
hours after knowledge thereof or after notice in writing from the | 682 |
department of agriculture. | 683 |
(B) The owner of premises that contain a dead animal shall | 684 |
burn the body of the animal, bury it not less than four feet | 685 |
beneath the surface of the ground, dissolve it by alkaline | 686 |
hydrolysis, remove it in a watertight tank to a rendering | 687 |
establishment, or otherwise dispose of it in accordance with | 688 |
section 953.26 or 1511.022 of the Revised Code within a reasonable | 689 |
time after knowledge thereof or after notice in writing from the | 690 |
department or from the township trustees of the township in which | 691 |
histhe owner's premises are located. | 692 |
(C) Notwithstanding division (A) or (B) of this section, the | 693 |
director of agriculture, in written notice sent to the owner of a | 694 |
dead animal, may require the owner to employ a specific method of | 695 |
disposition of the body, including burning, burying, rendering, or | 696 |
composting, or alkaline hydrolysis, when that method does not | 697 |
conflict with any law or rule governing the disposal of infectious | 698 |
wastes and, in the director's judgment, is necessary for purposes | 699 |
of animal disease control. No person shall fail to employ the | 700 |
method of disposition required under this division. | 701 |
(D) The director, in written notice sent to the owner of a | 702 |
dead animal, may prohibit the owner from transporting the body of | 703 |
the dead animal on any street or highway if that prohibition does | 704 |
not conflict with any law or rule governing the transportation of | 705 |
infectious wastes and, in the director's judgment, is necessary | 706 |
for purposes of animal disease control. No person shall fail to | 707 |
comply with a prohibition issued under this division. | 708 |
Sec. 943.03. (A)(1) Application for a license as a dealer or | 730 |
broker shall be made in writing to the department of agriculture. | 731 |
The application shall state the nature of the business, the | 732 |
municipal corporation, township, and county, and the post-office | 733 |
address of the location where the business is to be conducted, the | 734 |
name of any employee authorized to act in histhe dealer's or | 735 |
broker's behalf, and such additional information as the department | 736 |
prescribes. | 737 |
The applicant shall satisfy the department of histhe | 738 |
applicant's character and good faith in seeking to engage in such | 739 |
business. The department shall issue to the applicant a license to | 740 |
conduct the business of a dealer or broker at the place named in | 741 |
the application. Licenses, unless revoked, shall expire annually | 742 |
on the thirty-first day of March and shall be renewed according to | 743 |
the standard renewal procedure of sections 4745.01 to 4745.03 of | 744 |
the Revised Code. | 745 |
(2) No license shall be issued by the department to a dealer | 746 |
or broker having weighing facilities until the applicant has filed | 747 |
with the department a copy of a scale test certificate showing the | 748 |
weighing facilities to be in satisfactory condition, a copy of the | 749 |
license of each weigher employed by the applicant, and a | 750 |
certificate of inspection by the department showing livestock | 751 |
market facilities to be in satisfactory sanitary condition. | 752 |
(1)(a) A bond of a surety company authorized to do business | 758 |
in this state in the form prescribed by and to the satisfaction of | 759 |
the department, conditioned for the payment of a judgment against | 760 |
the applicant furnishing the bond and arising out of the failure | 761 |
of such dealer or broker to pay for the livestock purchased for | 762 |
histhe dealer's or broker's own or for the accounts of others or | 763 |
to pay when due to the person entitled thereto the gross amount, | 764 |
less lawful charges, for which all of the livestock is sold. The | 765 |
amount of bond required, the termination of the bond, and the | 766 |
limitation on filing claims against the dealer or broker or their | 767 |
surety shall be the same as prescribed in division (B) of this | 768 |
section. | 769 |
(2)(b) A deposit with a trustee acceptable to the department | 770 |
of the required amount in money or negotiable bonds of the United | 771 |
States or of this state or of a political subdivision of this | 772 |
state of that par or face value, or any combination thereof, for | 773 |
the purpose of securing the payment of a judgment against the | 774 |
dealer or broker furnishing the deposit and arising out of the | 775 |
failure of the dealer or broker to pay for the livestock purchased | 776 |
for histhe dealer's or broker's own or for the accounts of | 777 |
others, or to pay when due to the person entitled thereto the | 778 |
gross amount, less lawful charges, for which all of the livestock | 779 |
is sold. The deposit shall be made under a deposit agreement | 780 |
acceptable to the department. The deposit is not subject to | 781 |
attachment for any other claim or levy of execution upon a | 782 |
judgment based on any other claims. | 783 |
(B) Any person damaged by failure of a dealer or broker to | 787 |
pay for the livestock purchased for histhe dealer's or broker's | 788 |
or for the accounts of others or to pay when due to the person | 789 |
entitled thereto the gross amount, less lawful charges, for which | 790 |
all of the livestock is sold may maintain an action against the | 791 |
broker or dealer and the sureties on the bonds, or the trustee, | 792 |
provided for in this section. The aggregate liability of the | 793 |
sureties or trustee for all such damage shall not exceed the | 794 |
amount of the bond or deposit. | 795 |
The amount of the bond or deposit shall not be less than the | 802 |
nearest multiple of one thousand dollars above the average daily | 803 |
value of livestock sold by the dealer or broker for the accounts | 804 |
of others and livestock purchased by the dealer or broker for his | 805 |
the dealer's or broker's or for the accounts of others on histhe | 806 |
dealer's or broker's ten largest business days during the | 807 |
preceding twelve months or such part thereof as the dealer or | 808 |
broker was purchasing, selling, or exchanging livestock. In no | 809 |
case shall the amount of the bond or deposit total less than ten | 810 |
thousand dollars. | 811 |
Whenever in the judgment of the department the business | 820 |
volume of the licensee is such as to render the bond or deposit | 821 |
inadequate, the amount of the bond or deposit shall be adjusted, | 822 |
upon thirty days' notice, to meet sections 943.01 to 943.18 of the | 823 |
Revised Code and rules adopted under them. All of the bonds or | 824 |
deposit agreements shall contain a provision requiring that at | 825 |
least thirty days' prior notice in writing be given to the | 826 |
department and the packers and stockyards administration of the | 827 |
United States department of agriculture by the party terminating | 828 |
the bonds or deposit agreements in order to effect termination, | 829 |
except that a bond may be terminated as of the effective date of a | 830 |
replacement bond. | 831 |
The termination of a deposit agreement shall neither release | 835 |
the party furnishing the deposit from any liability arising out of | 836 |
acts or transactions occurring prior to the termination date, nor | 837 |
shall the trustee permit the withdrawal of the deposit until after | 838 |
sixty days after the termination date, and then only if no claims | 839 |
under the agreement have been filed with the trustee. If any | 840 |
claims have been filed with the trustee, the withdrawal of the | 841 |
deposit shall not be permitted until the claims have been | 842 |
satisfied or released and evidence of the satisfaction or release | 843 |
filed with the trustee. | 844 |
(C) If approved by the director of agriculture, in lieu of | 845 |
the bond or deposit required in division (A)(3) of this section, a | 846 |
broker or dealer subject to the "Packers and Stockyards Act of | 847 |
1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended, may furnish proof | 848 |
in a manner and form acceptable to the director that hethe broker | 849 |
or dealer has an irrevocable letter of credit on file with the | 850 |
packers and stockyards administration under regulations adopted by | 851 |
the packers and stockyards administration in 9 C.F.R. 201.35, as | 852 |
amended. | 853 |
(2) Increases the value of histhe dealer's or broker's bond, | 861 |
deposit, or letter of credit, in addition to the amount of any | 862 |
other bond, deposit, or letter of credit required by this section, | 863 |
by an amount equal to that owed by such person for the purchase, | 864 |
exchange, or sale of livestock prior to being employed by the | 865 |
licensee; | 866 |
Sec. 943.031. (A) Application for a license as a small | 877 |
dealer shall be made in writing to the department of agriculture. | 878 |
The application shall state the nature of the business, the | 879 |
municipal corporation or township, county, and post-office address | 880 |
of the location where the business is to be conducted, the name of | 881 |
any employee who is authorized to act in the small dealer's | 882 |
behalf, and any additional information that the department | 883 |
prescribes. | 884 |
(B) The applicant shall satisfy the department of the | 885 |
applicant's character and good faith in seeking to engage in the | 886 |
business of a small dealer. The department then shall issue to the | 887 |
applicant a license to conduct the business of a small dealer at | 888 |
the place named in the application. Licenses, unless revoked, | 889 |
shall expire annually on the thirty-first day of March and shall | 890 |
be renewed according to the standard renewal procedure established | 891 |
in sections 4745.01 to 4745.03 of the Revised Code. | 892 |
(C) No license shall be issued by the department to a small | 893 |
dealer having weighing facilities until the applicant has filed | 894 |
with the department a copy of a scale test certificate showing the | 895 |
weighing facilities to be in satisfactory condition, a copy of the | 896 |
license of each weigher employed by the applicant, and a | 897 |
certificate of inspection by the department showing livestock | 898 |
market facilities to be in satisfactory sanitary condition. | 899 |
(B) All annual renewal fees for the licenses shall be paid by | 918 |
the applicant for the renewal of a license on or before the | 919 |
thirty-first day of March of each year to the treasurer of state. | 920 |
Except for license fees for small dealers, the fees shall be based | 921 |
on the number of head of livestock purchased, sold, or exchanged, | 922 |
in this state, whichever is the greatest, during the preceding | 923 |
calendar year. Those fees for dealers or brokers shall be as | 924 |
follows: | 925 |
In the event a dealer or broker operates more than one place | 929 |
where livestock is purchased, sold, or exchanged, a fee shall be | 930 |
paid for each place, but only the original purchase, sale, or | 931 |
exchange shall be counted in computing the amount of the fee to be | 932 |
paid for each place operated by the dealer or broker. Shipment | 933 |
between yards owned or operated by the dealer or broker shall be | 934 |
exempt. | 935 |
If a small dealer operates more than one place where | 941 |
livestock is purchased, sold, or exchanged, a fee shall be paid | 942 |
for each place, but only the original purchase, sale, or exchange | 943 |
shall be counted in computing the amount of fee to be paid for | 944 |
each place operated by the small dealer. Shipment between yards | 945 |
owned or operated by the small dealer shall be exempt. | 946 |
(2) Where there have been false or misleading statements as | 969 |
to the health or physical condition of the animals with regard to | 970 |
official tests or quantity of animals, or the practice of fraud or | 971 |
misrepresentation in connection therewith or in the buying or | 972 |
receiving of animals or receiving, selling, exchanging, | 973 |
soliciting, or negotiating the sale, resale, exchange, weighing, | 974 |
or shipment of animals; | 975 |
(B) When the director refuses to grant or suspends a small | 1018 |
dealer's, dealer's, or broker's license, the director or the | 1019 |
director's designee may hand deliver the order. The licensee to | 1020 |
whom a suspension order is issued shall be afforded a hearing in | 1021 |
accordance with Chapter 119. of the Revised Code, after which the | 1022 |
director shall reinstate, revoke, or suspend for a longer or | 1023 |
indefinite period the suspended license. | 1024 |
(1) The license fee for a person applying for an annual | 1042 |
license to pick up or collect raw rendering material and dispose | 1043 |
of the material to a licensee or in accordance with divisions (B) | 1044 |
and (C) of section 953.26 of the Revised Code, or to transport raw | 1045 |
rendering material to a composting facility, is twenty-five | 1046 |
dollars per conveyance that is used to pick up or collect and | 1047 |
dispose of or to transport raw rendering material. A late fee of | 1048 |
ten dollars per conveyance shall be charged for each application | 1049 |
that is received after the thirtieth day of November each year. | 1050 |
(E) If the department finds that the applicant's means of | 1062 |
conveyance, premises, and operation meet the requirements of this | 1063 |
chapter and rules adopted thereunder, the department shall issue a | 1064 |
license to the applicant to dispose of, pick up, render, or | 1065 |
collect for profit raw rendering material or to transport it to a | 1066 |
composting facility for profit. | 1067 |
Sec. 955.35. The board of county commissioners, at the next | 1080 |
regular meeting after claims in accordance with section 955.29 of | 1081 |
the Revised Code have been submitted, shall examine the same and | 1082 |
may hear additional testimony or receive additional affidavits in | 1083 |
regard thereto and may allow the amount previously certified by | 1084 |
the dog warden, or a part thereof, or any amount in addition | 1085 |
thereto, as it may find to be just, but in no event shall the | 1086 |
amount allowed exceed the lesser of five hundred dollars per | 1087 |
animal or the uninsured amount of the loss or injury. The board | 1088 |
shall make the final determination of the fair market value of an | 1089 |
animal that is the subject of a claim. | 1090 |
If the animal that is the subject of a claim dies as a result | 1091 |
of the injuries that it received from a dog, the amount of | 1092 |
indemnity is the fair market value of the animal on the date of | 1093 |
its death subject to the limit established in this section. If the | 1094 |
animal that is the subject of a claim does not die as a result of | 1095 |
the injuries that it received from a dog, the amount of indemnity | 1096 |
is the fair market value of the animal on the date on which it | 1097 |
received its injuries subject to the limit established in this | 1098 |
section. If the animal that is the subject of a claim is | 1099 |
registered or eligible for registration as described in section | 1100 |
955.32 of the Revised Code, the amount of indemnity is one hundred | 1101 |
twenty-five per cent of the fair market value of the animal on the | 1102 |
date on which the animal was killed or injured subject to the | 1103 |
limit established in this section. If the date of death or injury | 1104 |
of an animal cannot be determined, the amount of indemnity shall | 1105 |
be based on the fair market value of the animal on the date on | 1106 |
which the death or injury was discovered by its owner. A fetus | 1107 |
that is aborted by an animal because of stress inflicted by a dog | 1108 |
and that does not, on that account, survive shall be considered to | 1109 |
have been killed by the dog regardless of the stage of pregnancy | 1110 |
at which the abortion occurs. In the case of any such alleged | 1111 |
cause of death, the warden, as part of the warden's investigation, | 1112 |
may request the chief of the division of animal industryhealth in | 1113 |
the department of agriculture to have a state veterinarian certify | 1114 |
the cause of death. The chief shall promptly comply, and the | 1115 |
veterinarian shall send the certification to the board of county | 1116 |
commissioners. | 1117 |
The claims shall be paid out of the dog and kennel fund or | 1118 |
out of the general fund of the county, as provided in section | 1119 |
955.14 of the Revised Code. Such claims as are allowed in whole or | 1120 |
in part shall be paid by voucher issued by the county auditor five | 1121 |
days after the approval of the board of county commissioners has | 1122 |
been entered. If the claim is to be paid out of the dog and | 1123 |
kennel fund and the funds therein are insufficient to pay the | 1124 |
claims, they shall be paid in the order allowed at the close of | 1125 |
the next calendar month in which sufficient funds are available in | 1126 |
the fund. | 1127 |
Sec. 959.14. No owner or person having the custody, control, | 1128 |
or possession of a horse, mare, gelding, foal, or filly, nor an | 1129 |
agent or employee of such owner or custodian, shall cut off or | 1130 |
cause to be cut off or amputated the skin, flesh, muscles, bone, | 1131 |
or integuments of the dock or tail thereof,of the horse in order | 1132 |
to shorten its natural length or proportions; nor shall any such | 1133 |
owner, person, or the agent or employee of either pull. | 1134 |
This section does not prohibit the cutting or amputation of | 1138 |
the dock or tail of a horse, mare, gelding, foal, or filly when | 1139 |
necessary because of accident, malformation, or disease affecting | 1140 |
such dock or tailor as a proactive measure to prevent injury if | 1141 |
performed by a veterinarian that is licensed under Chapter 4741. | 1142 |
of the Revised Code or in another state. | 1143 |
(A) "Amusement ride" means any mechanical device, aquatic | 1146 |
device, or inflatable device, or combination of those devices that | 1147 |
carries or conveys passengers on, along, around, over, or through | 1148 |
a fixed or restricted course or within a defined area for the | 1149 |
purpose of
giving its passengersproviding amusement, pleasure, or | 1150 |
excitement. "Amusement ride" includes carnival rides, bungee | 1151 |
jumping facilities, and fair rides but does not include passenger | 1152 |
tramways as defined in section 4169.01 of the Revised Code or | 1153 |
amusement rides operated solely at trade shows for a limited | 1154 |
period of time. For purposes of division (A) of this section, | 1155 |
"trade show" means a place of exhibition not open to the general | 1156 |
public where amusement ride manufacturers display, promote, | 1157 |
operate, and sell amusement rides to prospective purchasers. | 1158 |
(H) "Reassembly" means the installation, erection, or | 1176 |
reconstruction of the main mechanical, safety, electrical, or | 1177 |
electronic components of an amusement ride following | 1178 |
transportation or storage and prior to operation. Replacement of | 1179 |
mechanical, safety, electrical, or electronic components of an | 1180 |
amusement ride for the purpose of repairingrepair or maintenance | 1181 |
is not reassembly. | 1182 |
(P) "Safe operation" means, except as provided in section | 1206 |
1711.57 of the Revised Code, the practical application of | 1207 |
maintenance, inspection, and operational processes, as indicated | 1208 |
by the manufacturer, owner, or advisory council, that secures a | 1209 |
rider from threat of physical danger, harm, or loss. | 1210 |
Sec. 1711.51. There is hereby created within the department | 1223 |
of agriculture an advisory council on amusement ride safety to | 1224 |
consist of the director of agriculture or the director's designee, | 1225 |
the general manager of the Ohio state fair or the general | 1226 |
manager's designee, plus eleven appointed members, of whom one | 1227 |
shall be a representative of temporary amusement ride owners, one | 1228 |
shall be a representative of the greater Ohio showmen's | 1229 |
association and the owner of a ride, three shall be | 1230 |
representatives of owners of amusement parks, one shall be a | 1231 |
representative of the Ohio fair managers' association, one shall | 1232 |
be a representative of the insurance industry, one shall be an | 1233 |
engineer, who has an academic degree in engineering and who is | 1234 |
knowledgeable in the amusement ride industry, one shall be a | 1235 |
representative of the Ohio festivals and events association, and | 1236 |
two shall be representatives of the general public. One member of | 1237 |
the council shall be designated annually by the governor as | 1238 |
chairperson. The appointed members not representing the general | 1239 |
public shall be appointed by the governor, with the advice and | 1240 |
consent of the senate. One member representing the general public | 1241 |
shall be appointed by the speaker of the house of representatives | 1242 |
and the remaining member representing the general public shall be | 1243 |
appointed by the president of the senate. The council shall select | 1244 |
from its membership a vice-chairperson to act as chairperson in | 1245 |
the chairperson's absence. | 1246 |
Of the members first appointed by the governor, four shall be | 1247 |
appointed for terms of two years, three for terms of four years, | 1248 |
and two for terms of six years. The members appointed initially by | 1249 |
the speaker of the house of representatives and the president of | 1250 |
the senate shall each serve terms of six years. All members | 1251 |
appointed thereafter shall serve six-year terms. Any member | 1252 |
appointed to fill a vacancy occurring prior to the expiration of | 1253 |
the term for which the member's predecessor was appointed shall | 1254 |
hold office for the remainder of that term. Any member shall | 1255 |
continue in office subsequent to the expiration date of the | 1256 |
member's term until the member's successor takes office, or until | 1257 |
a period of sixty days has elapsed, whichever occurs first. | 1258 |
Sec. 1711.55. (A) The owner of an amusement ride shall | 1263 |
maintain a current maintenance, repair, and inspection record for | 1264 |
each amusement ride in accordance with rules prescribed under | 1265 |
division (B) of section 1711.53 of the Revised Code. The records | 1266 |
shall contain information on the date and nature of all | 1267 |
inspections of the amusement ride made by the department of | 1268 |
agriculture or the owner, and a record of all violations of the | 1269 |
rules issued by the department and actions taken by the owner to | 1270 |
correct such violations. The owner shall keep inspection and | 1271 |
maintenance records and make them available to the department upon | 1272 |
request. | 1273 |
(B) The owner of an amusement ride shall maintain records of | 1278 |
all serious injuries involving riders, containing such information | 1279 |
as the department prescribes, on forms prescribed by the | 1280 |
department. These records shall be made available for inspection | 1281 |
by the department on request. In the case of an accident, the | 1282 |
owner of an amusement ride shall immediately notify the department | 1283 |
by telephone or in person and subsequently file a written report | 1284 |
with the department within twenty-four hours of the accident. | 1285 |
(F) The director may order in writing a temporary cessation | 1304 |
of the operation of an amusement ride that the department finds by | 1305 |
inspection to be unsafe by reason of a violation of the rules | 1306 |
adopted under division (B) of section 1711.53 of the Revised Code. | 1307 |
The operation of that amusement ride shall not resume until the | 1308 |
condition causing the violation has been corrected and the | 1309 |
amusement ride is reinspected. Any reinspection under this | 1310 |
division shall take place within twenty-four hours after notice to | 1311 |
the department by the owner that the condition causing the | 1312 |
violation has been correctedif the operation violates this | 1313 |
chapter or any rules adopted under it. The director shall adopt | 1314 |
rules in accordance with Chapter 119. of the Revised Code that | 1315 |
provide for the issuance and enforcement of orders issued under | 1316 |
this section. | 1317 |
(B) A single-passenger coin-operated ride,that is manually, | 1321 |
mechanically, or electrically operated, whichis customarily is | 1322 |
placed,either singly or in groups, in a public location, and | 1323 |
which does not normally require the supervision or services of an | 1324 |
amusement ride operator, or to any nonmechanized; | 1325 |
(C) Nonmechanized playground equipment, including swings, | 1326 |
stationary spring-mounted animal features, rider-propelled | 1327 |
merry-go-rounds, climbers, slides, rock climbing walls, | 1328 |
trampolines,
and swinging gates, and physical fitness devices | 1329 |
except where an admission fee is charged for usage or an admission | 1330 |
fee is charged to areas where such equipment is located; | 1331 |
(J) Devices to which the definition of "safe operation" in | 1345 |
section 1711.50 of the Revised Code does not apply as determined | 1346 |
by the director of agriculture, including mechanized bulls, | 1347 |
surfboards, zip lines, vertical wind tunnels, skateboard or | 1348 |
bicycle rodeo devices, cable wakeboard or ski facilities, or other | 1349 |
devices that are not intended or manufactured to secure the rider | 1350 |
from threat of physical danger, harm, or loss. | 1351 |
(3) A business or that portion of a business that is | 1364 |
regulated by the federal government or the department of | 1365 |
agriculture as a food manufacturing or food processing business, | 1366 |
including a business or that portion of a business regulated by | 1367 |
the department of agriculture under Chapter 911., 913., 915., | 1368 |
917., 918., or 925. of the Revised Code. | 1369 |
(4) A nonprofit organization exempt from federal income | 1391 |
taxation under section 501(c)(3) of the "Internal Revenue Code of | 1392 |
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises | 1393 |
funds by selling foods and that, if required to be licensed, would | 1394 |
be classified as risk level one in accordance with rules | 1395 |
establishing licensing categories for retail food establishments | 1396 |
adopted under section 3717.33 of the Revised Code, if the sales | 1397 |
occur inside a building and are not potentially hazardous for not | 1398 |
more than seven consecutive days or more than fifty-two separate | 1399 |
days during a licensing period. This exemption extends to any | 1400 |
individual or group raising all of its funds during the time | 1401 |
periods specified in division (B)(4) of this section for the | 1402 |
benefit of the nonprofit organization by selling foods under the | 1403 |
same conditions. | 1404 |
(5) An establishment that offers food contained in displays | 1405 |
of less than five hundred square feet, and if required to be | 1406 |
licensed would be classified as risk level one pursuant to rules | 1407 |
establishing licensing categories for retail food establishments | 1408 |
adopted under section 3717.33 of the Revised Code, on the | 1409 |
condition that the establishment offers the food for sale at | 1410 |
retail not more than six months in each calendar year; | 1411 |
(13) An establishment that, with respect to offering food for | 1452 |
sale, offers only alcoholic beverages, prepackaged beverages that | 1453 |
are not potentially hazardous, or commercially prepackaged food | 1454 |
that is not potentially hazardous, on the condition that the | 1455 |
commercially prepackaged food is contained in displays, the total | 1456 |
space of which equals less than two hundred cubic feet on the | 1457 |
premises of the establishment; | 1458 |
(f) The products or items described in divisions (B)(8) to | 1494 |
(10) of this section, on the condition that those products or | 1495 |
items were produced by the person offering to sell them, and | 1496 |
further conditioned that, with respect to eggs offered, the person | 1497 |
offering to sell them annually maintains five hundred or fewer | 1498 |
birds, and with respect to dressed chickens offered, the person | 1499 |
annually raises and slaughters one thousand or fewer chickens. | 1500 |
Sec. 4707.11. (A) Except as provided in division (B) of this | 1501 |
section, each application for a license issued under this chapter | 1502 |
shall be accompanied by proof of financial responsibility in the | 1503 |
form of either an irrevocable letter of credit or a cash bond or a | 1504 |
surety bond in the amount of twenty-five thousand dollars. If the | 1505 |
applicant gives a surety bond, the bond shall be executed by a | 1506 |
surety company authorized to do business in this state. | 1507 |
(2) An apprentice auctioneer licensee whose license was | 1533 |
issued under section 4707.09 of the Revised Code prior to July 1, | 1534 |
2003, and who applies for an auctioneer's license under section | 1535 |
4707.07 of the Revised Code on or after July 1, 2003, provided | 1536 |
that the apprentice auctioneer's license is not suspended under | 1537 |
section 4707.15 or 4707.30 of the Revised Code, and, if necessary, | 1538 |
continues to be renewed under section 4707.10 of the Revised Code, | 1539 |
prior to the issuance of the auctioneer's license to the | 1540 |
applicant; | 1541 |
Section 2. That existing sections 121.04, 121.09, 307.204, | 1544 |
505.266, 901.08, 901.43, 903.02, 907.11, 923.41, 923.52, 924.52, | 1545 |
941.02, 941.041, 941.14, 942.02, 943.03, 943.031, 943.04, 943.05, | 1546 |
943.16, 953.23, 955.35, 959.14, 1711.50, 1711.51, 1711.55, | 1547 |
1711.57, 3717.22, and 4707.11 of the Revised Code are hereby | 1548 |
repealed. | 1549 |
Section 3. On the effective date of this section, the | 1550 |
Division of Animal Industry in the Department of Agriculture is | 1551 |
renamed the Division of Animal Health. The Division of Animal | 1552 |
Industry's functions, and its assets and liabilities, are | 1553 |
transferred to the Division of Animal Health. The Division of | 1554 |
Animal Health is successor to, assumes the obligations and | 1555 |
authority of, and otherwise continues the Division of Animal | 1556 |
Industry. No right, privilege, or remedy, and no duty, liability, | 1557 |
or obligation, accrued under the Division of Animal Industry is | 1558 |
impaired or lost by reason of the renaming and shall be | 1559 |
recognized, administered, performed, or enforced by the Division | 1560 |
of Animal Health. | 1561 |
No pending action or proceeding being prosecuted or defended | 1588 |
in court or before an agency by the Division of Animal Industry or | 1589 |
the Chief of the Division of Animal Industry is affected by the | 1590 |
renaming and shall be prosecuted or defended in the name of the | 1591 |
Division of Animal Health or the Chief of the Division of Animal | 1592 |
Health, whichever is appropriate. Upon application to the court or | 1593 |
agency, the Division of Animal Health or the Chief of the Division | 1594 |
of Animal Health shall be substituted. | 1595 |
Section 4. On the effective date of this section, the | 1596 |
Division of Plant Industry in the Department of Agriculture is | 1597 |
renamed the Division of Plant Health. The Division of Plant | 1598 |
Industry's functions, and its assets and liabilities, are | 1599 |
transferred to the Division of Plant Health. The Division of Plant | 1600 |
Health is successor to, assumes the obligations and authority of, | 1601 |
and otherwise continues the Division of Plant Industry. No right, | 1602 |
privilege, or remedy, and no duty, liability, or obligation, | 1603 |
accrued under the Division of Plant Industry is impaired or lost | 1604 |
by reason of the renaming and shall be recognized, administered, | 1605 |
performed, or enforced by the Division of Plant Health. | 1606 |
No pending action or proceeding being prosecuted or defended | 1633 |
in court or before an agency by the Division of Plant Industry or | 1634 |
the Chief of the Division of Plant Industry is affected by the | 1635 |
renaming and shall be prosecuted or defended in the name of the | 1636 |
Division of Plant Health or the Chief of the Division of Plant | 1637 |
Health, whichever is appropriate. Upon application to the court or | 1638 |
agency, the Division of Plant Health or the Chief of the Division | 1639 |
of Plant Health shall be substituted. | 1640 |
Section 5. On the effective date of this section, the | 1641 |
Division of Consumer Analytical Laboratory in the Department of | 1642 |
Agriculture is renamed the Division of Consumer Protection | 1643 |
Laboratory. The Division of Consumer Analytical Laboratory's | 1644 |
functions, and its assets and liabilities, are transferred to the | 1645 |
Division of Consumer Protection Laboratory. The Division of | 1646 |
Consumer Protection Laboratory is successor to, assumes the | 1647 |
obligations and authority of, and otherwise continues the Division | 1648 |
of Consumer Analytical Laboratory. No right, privilege, or remedy, | 1649 |
and no duty, liability, or obligation, accrued under the Division | 1650 |
of Consumer Analytical Laboratory is impaired or lost by reason of | 1651 |
the renaming and shall be recognized, administered, performed, or | 1652 |
enforced by the Division of Consumer Protection Laboratory. | 1653 |
Business commenced but not completed by the Division of | 1654 |
Consumer Analytical Laboratory or by the Chief of the Division of | 1655 |
Consumer Analytical Laboratory shall be completed by the Division | 1656 |
of Consumer Protection Laboratory or the Chief of the Division of | 1657 |
Consumer Protection Laboratory in the same manner, and with the | 1658 |
same effect, as if completed by the Division of Consumer | 1659 |
Analytical Laboratory or the Chief of the Division of Consumer | 1660 |
Analytical Laboratory. | 1661 |
The Director of Budget and Management shall determine the | 1672 |
amount of unexpended balances in the appropriation accounts that | 1673 |
pertain to the Division of Consumer Analytical Laboratory and | 1674 |
shall recommend to the Controlling Board their transfer to the | 1675 |
appropriation accounts that pertain to the Division of Consumer | 1676 |
Protection Laboratory. The Chief of the Division of Consumer | 1677 |
Analytical Laboratory shall provide full and timely information to | 1678 |
the Controlling Board to facilitate the transfer. | 1679 |
No pending action or proceeding being prosecuted or defended | 1686 |
in court or before an agency by the Division of Consumer | 1687 |
Analytical Laboratory or the Chief of the Division of Consumer | 1688 |
Analytical Laboratory is affected by the renaming and shall be | 1689 |
prosecuted or defended in the name of the Division of Consumer | 1690 |
Protection Laboratory or the Chief of the Division of Consumer | 1691 |
Protection Laboratory, whichever is appropriate. Upon application | 1692 |
to the court or agency, the Division of Consumer Protection | 1693 |
Laboratory or the Chief of the Division of Consumer Protection | 1694 |
Laboratory shall be substituted. | 1695 |
Section 7. Section 1711.50 of the Revised Code is presented | 1701 |
in this act as a composite of the section as amended by both Sub. | 1702 |
H.B. 535 and Sub. H.B. 670 of the 121st General Assembly. The | 1703 |
General Assembly, applying the principle stated in division (B) of | 1704 |
section 1.52 of the Revised Code that amendments are to be | 1705 |
harmonized if reasonably capable of simultaneous operation, finds | 1706 |
that the composite is the resulting version of the section in | 1707 |
effect prior to the effective date of the section as presented in | 1708 |
this act. | 1709 |